36
significant.
2
Possibly Mr. Kwik head indirectly of the Director
of Public Works' scheme, learnt then for the first time of the
proposed new main road, and conceived the plan of buying the land
between his lots and that road. As pointed out above, the sale of areas "A" and "B" involved the closing of the old Shaukiwan Road: XXXXXX*££¤¤¤¤Xxx XXX PXXXXXXX Xoes not exoXXXXXXXXXXXX The Government
Two
were not prepared to sell area "C" at the time, and Mr. Kwik
eventually agreed to buy areas "A" und "B". It is his purchase of areas "A" and "B" which necessitates the closing of the old road and it was he who applied to purchase the areas in question. months before he agreed to purchase them he had rejected the Hong Kong Electric Company's scheme, and if he had not voluntarily purchased them there would have been no power to close the old road except on payment by the Government to him of strict compensation
for the road frontage rights which he would have thereby lost.
fact, from first to last there does not appear to have been any intention of taking away those frontage rights against his will,
even on compensation.
3.
In view of these facts, the first of Mr. Davidson's two main points, deprivation of road frontage, completely fails.
4.
In
Mr. Kwik cannot complain merely because a new main road is to be opened some little distance away from his original lot, M.L.430. I have never heard such a claim even suggested, and it would have no legal foundation unless the Government had undertaken that no such road would be opened. This he does not seem ever to have alleged. In fact he would probably have been told of the proposed new road if he had inquired about proposed developments. In any case it is difficult to see how a main road frontage could have been material to Mr. Kwik's particular scheme.