WEDNESDAY, JUNE
THIS ELUE
JE -AS BEEN EXTREMELY CONTROVERSIAL AND MANY REPRESENTATIONS ON IT HAVE BEEN MADE.+
THE GROUP HAU FINALLY ACCEPTED THESE PRINCIPLES FOR THE FOLLOWING REASONS :-
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*
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THE GOVERNMENT SHOULD NOT BE IN A WORSE POSITION REGARDING CLAIMS FOR COMPENSATION THAN A PRIVATE DEVELOPER SINCE THE LATTER IS NOT REQUIRED TO COMPENSATE THE OWNERS AND OCCUPIERS OF PROPERTY IN THE NEIGHBOURHOOD WHOSE VIEW HIS NEW BLOCK OBSTRUCTS.
HAVING STUDIED THE PROVISIONS OF THE UK LAND COMPENSATION ACT 1973, THE GROUP NOTED THAT COMPENSATION AWARDED FOR INJURIOUS AFFECTION' WAS ON AN EXTREMELY LIMITED SCALE AND PROVIDED NO REAL LEGAL PRECEDENT FOR THE WIDE-RANGING COMPENSATION PROPOSALS WHICH HAVE BEEN SUGGESTED TO THEM.
THE GROUP CONSIDERED THE PROVISIONS IN THE BILL EMPOWERING THE GOVERNOR-IN-COUNCIL TO IMPOSE CONDITIONS WHICH WILL AMELIORATE THE EFFECTS OF ROAD-WORKS ON THE OWNERS AND OCCUPIERS OF NEIGHBOURING PREMISES TO BE EXTREMELY IMPORTANT IN THAT THEY PROVIDE THE MOST EQUITABLE COMPROMISE BETWEEN PUBLIC AND PRIVATE INTERESTS WHICH IS AVAILABLE IN THE HONG KONG SITUATION.
MR CHEN ALSO SPELLED OUT THE KEY CHANGES WHICH HAVE THE FULL SUPPORT OF THE UNOFFICIALS. THESE WERE:
* TO MAKE THE DATE OF ENACTMENT AS THE EFFECTIVE DATE OF
THE BILL-
* TO MAKE EXPLICIT THE GOVERNOR-IN-COUNCIL'S POWER TO
REFER ANY EXTENSIVE ROADWORKS SCHEME TO THE TOWN PLANNING BOARD WHETHER OR NOT THERE IS A TOWN PLAN IN EXISTENCE FOR THAT AREA-
* TO DELETE THE PROVISION WHICH STATES THAT +WHERE LAND
VALUE IN THAT AREA RISES AS A RESULT OF THE ROADWORKS, ANY COMPENSATION FOR RESUMPTION WOULD BE REDUCED BY THE AMOUNT THE REMAINING LAND HAD INCREASED IN VALUE++
*
TO COMMIT THE CROWN TO GIVING PROPER CONSIDERATION+ TO OFFERING LAND WHICH HAD BEEN RESUMED BUT SUBSEQUENTLY NOT USED FOR A ROADWORKS SCHEME BACK TO THE PERSON FROM WHOM IT WAS RESUMED AND
* TO AMEND THE PROVISION WHICH PERMITS THE BUILDING
AUTHORITY TO PREVENT BUILDING WORKS ON A SITE FOR A PERIOD OF UP TO THREE YEARS IF SUCH WORKS ARE INCOMPATIBLE WITH THE ROAD WORKS+ SO AS TO ALLOW ANY PERSON WITH A COMPENSATABLE INTEREST IN LAND SO AFFECTED TO APPLY TO THE GOVERNOR-IN-COUNCIL TO HAVE HIS LAND RESUMED.
ANOTHER UNOFFICIAL MEMBER, THE HON CHARLES YEUNG, URGED THE GOVERNMENT TO CONTINUE THE PRACTICE OF EX-GRATIA PAYMENT IN RESUMING LAND.