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TUESDAY, APRIL 21, 1992
NEED TO REVISE LAND RESUMPTION LAWS SCCB REPORT
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THERE IS A NEED TO REVISE THE LEGISLATIVE BASIS FOR COMPENSATION IN CASES OF LAND RESUMPTION IN HONG KONG, A SPECIAL COMMITTEE SAID IN ONE OF ITS MANY RECOMMENDATIONS TO THE GOVERNMENT.
THE SPECIAL COMMITTEE ON COMPENSATION AND BETTERMENT (SCCB) SET UP TO CONSIDER AND MAKE RECOMMENDATIONS ON THE QUESTIONS OF COMPENSATION AND BETTERMENT IN THE COMPREHENSIVE REVIEW OF THE TOWN PLANNING ORDINANCE TODAY (TUESDAY) RELEASED AT A PRESS CONFERENCE DETAILS IN THE REPORT WHICH HAS BEEN SENT TO THE GOVERNOR AND THE EXECUTIVE COUNCIL.
CRUDEN.
THE CONFERENCE WAS CHAIRED BY THE VICE-CHAIRMAN OF SCCB, JUDGE
THE REPORT OF THE SPECIAL COMMITTEE CONTAINS MORE THAN 50 RECOMMENDATIONS ON VARIOUS ASPECTS STEMMING FROM LAND RESUMPTION, BLIGHT AND DIMINUTION AND DEPRECIATION OF VALUE.
AT PRESENT THE LEGISLATIVE BASIS FOR COMPENSATION IS SET OUT IN A SERIES OF ORDINANCES, THE INTERPRETATION OF WHICH RESTS HEAVILY ON A . NUMBER OF JUDICIAL DECISIONS, THE REPORT SAID.
**THE POSITION IS COMPLICATED AND HAS LED TO MISUNDERSTANDING AND MORE DISCONTENT.
"THE CROWN LANDS RESUMPTION ORDINANCE IS PARTICULARLY WEAK AS CONTAINS ANACHRONISTIC PROVISIONS AND IS FAR FROM BEING COMPREHENSIVE.
IT
"THE OTHER MORE MODERN ORDINANCES ARE SO DRAFTED AS TO REFER TO THIS OLD ORDINANCE, AND ITS WEAKNESSES ARE THUS IMPORTED INTO THE NEWER LEGISLATION, THE REPORT SAID.
THE SPECIAL COMMITTEE RECOMMENDED RESUMPTION ORDINANCE BE REPLACED BY A "MORE WHICH WOULD PROVIDE A FIRM, MODERN BASIS
RESUMPTION".
THAT THE CROWN LANDS COMPREHENSIVE ORDINANCE FOR THE LEGISLATION ON
"THE OPPORTUNITY SHOULD THEN BE TAKEN TO AMEND THE OTHER RESUMPTION ORDINANCES TO ENSURE CONSISTENCY BETWEEN THEM AND WITH THE NEW ORDINANCE, THE REPORT NOTED.
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SCCB, HOWEVER, CONSIDERED THAT THE SYSTEM IN HONG KONG FOR RESUMPTION OF LAND WAS "GENERALLY FAIR AND THAT WHEN ACCOUNT IS TAKEN OF THE EX-GRATIA ELEMENT IT COMPARES MORE THAN FAVOURABLY WITH THE TREATMENT GIVEN TO LANDOWNERS IN OTHER COUNTRIES".
ANOTHER RECOMMENDATION BY SCCB CONCERNS THE INTRODUCTION BETTERMENT IN THE FORM OF A LAND DEVELOPMENT LEVY.
OF
THE SPECIAL COMMITTEE SAID A MODERN DEFINITION OF "BETTERMENT" WAS "ANY INCREASE IN THE VALUE OF PROPERTY OTHER THAN THAT ATTRIBUTABLE TO IMPROVEMENTS MADE BY THE OWNER OR DUE TO INFLATION".
/ANOTHER DEFINITION