WEDNESDAY, OCTOBER 12, 1983
15
BILL AIMS TO EXTEND POWERS TO CREATE EASEMENTS
*****
THE MASS TRANSIT RAILWAY (LAND RESUMPTION AND RELATED PROVISIONS) (AMENDMENT) BILL 1983, WHICH AIMS TO EXTEND THE PROVISIONS)(AMENDMENT) POWERS OF THE GOVERNOR TO CREATE EASEMENTS IN FAVOUR OF THE CROWN, WAS INTRODUCED TO THE LEGISLATIVE COUNCIL TODAY.
IN MOVING THE SECOND READING OF THE BILL, THE SECRETARY FOR LANDS AND WORKS, THE HON CHAN NAI-KEONG, SAID THE POWER WHICH SECTION 6 OF THE EXISTING ORDINANCE CONFERS IN RELATION TO LAND IN THE RAILWAY AREA AND FOR THE PURPOSES OF, AND INCIDENTAL TO, THE RAILWAY IS HELD TO BE ONLY SUFFICIENT TO ENABLE THE GOVERNOR TO CREATE COMMON LAW EASEMENTS.
+EXPERIENCE SINCE THE ORDINANCE WAS ORIGINALLY ENACTED IN 1974 HAS SHOWN, HOWEVER, THAT OTHER PERMANENT AND TEMPORARY RIGHTS ARE REQUIRED TO FACILITATE RAILWAY CONSTRUCTION. THESE CAN BE PROVIDED BY EXTENDING THE POWERS CONFERRED BY SECTION 6, MR CHAN SAID.
HE SAID THAT AN EXAMPLE OF PERMANENT RIGHTS WHICH MIGHT NEED TO BE CREATED BUT COULD NOT BE PROVIDED BY MEANS OF A COMMON LAW EASEMENT RELATED TO GROUND ANCHORS.
THESE HE ADDED, WERE ENGINEERING DEVICES WHICH MADE USE OF THE UNDERGROUND STRATA OF NEIGHBOURING LAND TO PROVIDE SUPPORT TO CONSTRUCTION BUT LEFT IRRETRIEVABLE MATERIALS PERMANENTLY IN THE GROUND AFTER THAT SUPPORT WAS NO LONGER REQUIRED.
+AN EXAMPLE OF TEMPORARY RIGHTS WHICH MAY BE NEEDED BUT CANNOT BE PROVIDED BY A COMMON LAW EASEMENT IS WHERE TEMPORARY AND EXCLUSIVE RIGHTS OF ACCESS TO A CONSTRUCTION SITE ON LEASED LAND ARE REQUIRED, HE SAID.
+THE EXISTING PROVISIONS OF THE ORDINANCE IN RELATION TO COMPENSATION WILL BE EXTENDED BY MEANS OF CONSEQUENTIAL AMENDMENTS TO PROVIDE FOR COMPENSATION AS A RESULT OF THE CREATION OF ANY PERMANENT OR TEMPORARY RIGHTS UNDER SECTION 6,+ HE ADDED.
DEBATE ON THE BILL WAS ADJOURNED TO NOVEMBER 9 OR 10.
BILL CLARIFIES RELATIONSHIP WITH MTRC
***
A BILL CLARIFYING THE FINANCIAL RELATIONSHIP BETWEEN THE GOVERNMENT AND THE MASS TRANSIT RAILWAY CORPORATION, WAS READ A SECOND TIME BY THE FINANCIAL SECRETARY, THE HON SIR JOHN BREMRIDGE, IN THE LEGISLATIVE COUNCIL TODAY.
SIR JOHN, MOVING THE SECOND READING OF THE MASS TRANSIT RAILWAY CORPORATION (AMENDMENT) BILL 1983, SAID THAT AS SOLE SHAREHOLDER THE GOVERNMENT IS IN EFFECT THE PARENT COMPANY AND THE CORPORATION ITS SUBSIDIARY.
AIP 19