XN000022-1974-06-28 — Page 4

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FRIDAY, JUNE 28, 1974

PERMANENT LANDS TRIBUNAL PROPOSED

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A PERMANENT LANDS TRIBUNAL TO STREAMLINE CLAIMS FOR COMPENSATION UNDER A NUMBER OF DIFFERENT ORDINANCES WILL BE SET UP IF A BILL PUBLISHED IN TODAY'S GAZETTE IS APPROVED BY THE LEGISLATIVE COUNCIL.

THE PROPOSED TRIBUNAL, MODELLED AFTER THE HIGHLY RESPECTED UNITED KINGDOM LANDS TRIBUNAL. WOULD CONSIST OF A PRESIDENT WHO WOULD BE A LAWYER WITH THE QUALIFICATIONS REQUIRED OF A DISTRICT JUDGE AND THE MEMBERS WOULD BE QUALIFIED LAWYERS AND VALUERS, ALL OF WHOM WOULD BE APPOINTED BY THE GOVERNOR AND WHO WOULD BE PART OF THE JUDICIARY.

THERE IS ALSO PROVISION IN THE BILL FOR THE GOVERNOR TO APPOINT A PANEL OF OTHER PEOPLE WHOM HE CONSIDERS TO BE SUITABLE TO ASSIST THE TRIBUNAL IN THE EXERCISE OF ITS JURISDICTION. ON THE HEARING OF ANY PROCEEDINGS BEFORE THE TRIBUNAL, THE PRESIDENT MAY SELECT A PERSON FROM THIS PANEL TO SIT AS AN ADDITIONAL MEMBER OF THE TRIBUNAL.

UNDER THE EXISTING ORDINANCES, EACH HAS PROVISION FOR A SEPARATE BOARD OR TRIBUNAL TO BE ESTABLISHED TO ADJUDICATE CLAIMS AGAINST THE CROWN FOR COMPENSATION IN LAND MATTERS.

A GOVERNMENT SPOKESMAN EXPLAINED TODAY THAT MEMBERSHIP OF THESE BODIES IS CONSTANTLY CHANGING AND THEIR FINDINGS DO NOT BECOME PRECEDENTS FOR SUBSEQUENT BOARDS. BUT AS GREATER NUMBERS OF RESUMPTIONS AND ALTERATIONS TO STREETS TAKE PLACE, THE PROCESS OF ADJUDICATION IS BECOMING INCREASINGLY COMPLEX AND SPECIALISED AND IT IS NO LONGER EFFICIENT FOR INDIVIDUALLY ESTABLISHED TRIBUNALS TO ADJUDICATE ON MANY OF THE CASES PRESENTED.

ANOTHER PROBLEM. HE SAID, IS THE INCREASING DIFFICULTY AND DELAY IN ESTABLISHING BOARDS AND TRIBUNALS, WHICH RESULT IN DELAYS IN PUBLIC WORKS AND ALSO DELAYS IN PAYMENT OF COMPENSATION TO LAND OWNERS.

THE SPOKESMAN SAID THAT IN BRITAIN, BECAUSE THE TRIBUNAL IS PERMANENT. ITS DECISIONS ARE CONSISTENT AND IT HAS ESTABLISHED A GREAT DEAL OF EXPERIENCE AND KNOWLEDGE OF VALUATION MATTERS. THIS ENABLES IT TO DISPOSE OF CASES IN ITS JURISDICTION QUICKLY AND EFFICIENTLY.

THE PROPOSED TRIBUNAL TO BE SET UP IN HONG KONG WOULD ALSO DEAL WITH APPEALS AGAINST ASSESSMENTS MADE BY THE COMMISSIONER OF RATING AND VALUATION UNDER THE RATING ORDINANCE.

IT WAS FELT THAT ALTHOUGH THIS DID NOT INVOLVE PAYMENT OF COMPENSATION, IT WAS ESSENTIALLY A VALUATION MATTER AND AS SUCH SHOULD BE DEALT WITH BY THE PROPOSED TRIBUNAL.

UNDER THE MA

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