LAND, PUBLIC WORKS AND UTILITIES
Land Acquisition
When private property is needed in the public interest, which in most cases is for the implementation of public works projects, and cannot be acquired by negotiation, the use of compulsory powers becomes necessary.
Property may then be acquired under the Crown Lands Resumption Ordinance, the Land Acquisition (Possessory Title) Ordinance, the Mass Transit Railway (Land Resumption and Related Provisions) Ordinance or the Roads (Works, Use and Compensation) Ordinance.
These ordinances provide for payment of compensation, based on the value of the property, and for business loss, where appropriate, at the date of acquisition. If agreement cannot be reached on the amount payable, either party can refer the claim to the Lands Tribunal for adjudication.
Where land is compulsorily acquired in the New Territories, a system of ex gratia payments applies.
Enhanced rates are paid for land situated within the new town development areas and progressively lower rates are paid for land situated outside these areas. In the case of building land, an ex gratia payment is offered in addition to the statutory compensation available. A system of ex gratia payments also applies in the case of old scheduled lots acquired in the urban area.
Additionally, an ex gratia Home Purchase Allowance is normally paid upon resumption of domestic units within the urban area.
During 1994, about 196 000 square metres of private land was acquired in the New Territories to carry out various public works projects. The total land acquisition costs amounted to about $1,535 million. These projects included the construction of main drainage channels for Yuen Long and Kam Tin (Stage I Phase I), electricity pylons for the 400kV overhead transmission networks in association with the Tuen Mun Black Point Power Station, the Ting Kau Bridge and approach viaduct in Tsuen Wan, the first phase of the explosives complex at Kau Shat Wan on Lantau Island, and improvements to Ping Yeung Road, Lin Ma Hang Road, Heung Yuen Wai Road and Tong Fong Track in Ta Kwu Ling.
In the urban areas of Hong Kong Island and Kowloon, about $369 million was paid in compensation for land and buildings acquired during the year for public works and urban renewal projects, either under compulsory powers or by agreement. These projects included the Ma Hang housing redevelopment in Stanley, the Rock Hill Street extension in Kennedy Town, open space development in Sheung Wan and Tai Hom, and the urban improvement scheme in Ma Tau Kok.
The Lands Administration Office was also very much involved in the resumption of land for implementation of urban renewal schemes carried out by the Land Development Corporation and the Hong Kong Housing Society.
Private streets continued to be resumed to facilitate their repair and maintenance by the government.
Land Disposal
All land in Hong Kong is held by the government, which sells or grants leasehold interests. Such grants and leases are made in accordance with the terms set out in Annex III to the Sino-British Joint Declaration on the Question of Hong Kong.
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