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Block Crown Lease Bill: second reading
Following is the speech by the Secretary for Planning, Environment and Lands, Mr Bowen Leung, at the resumption of the second reading of the Block Crown Lease (Cheung Chau) Bill in the Legislative Council today (Friday):
Madam President,
The Administration cannot support the Block Crown Lease (Cheung Chau) Bill as it stands. The Bill if enacted, would in effect abolish Wong Wai Tsak Tong's interest in its sub-leased land on Cheung Chau without compensation.
The Administration considers that private property rights should not be abolished. This is against Hong Kong's long-standing policy of respecting and protecting property rights. Regrettably, as seen from the earlier speeches today, it appears that quite a number of Members may not appreciate this to the extent as the Administration does.
Property transactions on Cheung Chau have effectively been frozen since November 1994 because of uncertainty over the title to the sub-leased land arising from the non-renewal of sub-leases. The desirability of resolving this issue as soon as possible is more than obvious. Should the Bill be passed by this Council at the Second Reading notwithstanding the reservations of the Administration, I intend to introduce a Committee Stage Amendment to provide for compensation to be claimed by the Tong in accordance with the provisions of the Crown Lands Resumption Ordinance. The purpose of the Committee Stage Amendment is to reduce the undesirability of allowing legislation to be enacted which expropriates without compensation a property right legally come by.
However, I must say that even with the provision of compensation procedures, the Administration does not see the Bill as the right way forward. Abolition of property right is wrong in principle, and sets a very dangerous precedent in the history of Hong Kong. The provision of compensation to the Tong only serves to reduce but not remove its undesirability.
Thank you, Madam President.
End/Friday, July 28, 1995