WEDNESDAY, JUNE 29, 1983
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THE BILL SEEKS TO AMEND SECTIONS 4 AND 5 OF THE ORDINANCE BY EXPANDING THE PRESENT PURPOSES AND POWERS OF THE CORPORATION SO AS TO PERMIT IT TO DISPOSE OF AND MANAGE ANY LAND WITHIN AN INDUSTRIAL ESTATE, SUBJECT TO THE TERMS OF THE CROWN LEASES ON WHICH THE LAND IS HELD.
MR MCDONALD SAID THAT FOLLOWING THE ENACTMENT OF THE BILL, IT WAS INTENDED TO OFFER THE CORPORATION A WAIVER TO PERMIT IT TO GRANT SHORT-TERM LEASES FOR NON-INDUSTRIAL PURPOSES WITHIN THE YUEN LONG INDUSTRIAL ESTATE.
DEBATE ON THE BILL WAS ADJOURNED TILL JULY 13.
LIMITATION ON LAND RECOVERY STRESSED
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THE LAND ACQUISITION (POSSESSORY TITLE) BILL 1983, WHICH AIMS TO ENABLE THE CROWN UPON PAYMENT OF FAIR AND REASONABLE COMPENSATION TO ACQUIRE LAND TO WHICH THE CROWN HAS LOST ITS POSSESSORY TITLE UNDER THE LIMITATION ORDINANCE, WAS TABLED AT THE LEGISLATIVE COUNCIL TODAY.
IN MOVING THE SECOND READING OF THE BILL, THE SECRETARY FOR LANDS AND WORKS, THE HON DAVID MCDONALD, SAID THAT UNDER THE LIMITATION ORDINANCE NO ACTION FOR THE RECOVERY OF LAND MIGHT BE BROUGHT BY THE CROWN AFTER A PERIOD OF 60 YEARS FROM THE DATE THE RIGHT OF ACTION ACCRUED TO THE CROWN, THAT IS THE DATE OF COMMENCEMENT OF ADVERSE POSSESSION.
+THE ORDINANCE ALSO PROVIDES THAT THE TITLE OF THE CROWN TO SUCH LAND IS EXTINGUISHED ON THE EXPIRY OF THIS PERIOD, + HE SAID.
EITHER
AT PRESENT, MR MCDONALD SAID, THE CROWN HAD NO POWER UNDER THE CROWN LANDS RESUMPTION ORDINANCE, OR ANY OTHER ORDINANCE CONFERRING LAND ACQUISITION POWERS, TO ACQUIRE SUCH LAND, IF IT WAS REQUIRED FOR PUBLIC PURPOSES.
+WHILE NO CLAIM TO POSSESSORY TITLE HAS YET SUCCEEDED AND, INDEED VERY FEW CASES OF THIS TYPE HAVE EVER ACTUALLY ARISEN, THE FACT THAT CLAIMS CAN BE MADE AND MIGHT SUCCEED, HOWEVER REMOTE THESE POSSIBILITIES. REPRESENTS A POTENTIAL DIFFICULTY FOR THE GOVERNMENT'S LAND ACQUISITION AND DEVELOPMENT PROGRAMMES,+ HE SAID.
+IT IS THEREFORE NECESSARY TO PROVIDE THE MEANS TO OVERCOME THIS DIFFICULTY, SHOULD IT ARISE, BY EMPOWERING THE CROWN FIRST TO ACQUIRE SUCH LAND FREE OF ALL PRIVATE RIGHTS THEREIN AND THEN TO SETTLE ANY CLAIMS OF POSSESSORY TITLE AND COMPENSATION IN RESPECT OF THE LAND.+
MR MCDONALD POINTED OUT THAT THE PRINCIPLES AND PROCEDURES LAID DOWN IN THE BILL RELATING TO THE ACQUISITION OF LAND AND ASSESSMENT OF COMPENSATION FOLLOWED, AS FAR AS POSSIBLE, THE PROVISIONS OF THE CROWN LANDS RESUMPTION ORDINANCE.
DEBATE ON THE BILL WAS ADJOURNED TILL JULY 13.
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