XN000022-1974-07-05 — Page 4

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FRIDAY, JULY 5, 1974

BUT, THE SPOKESMAN CONTINUED, WHERE BUILDING AND RE-DEVELOPMENT PLANS CLASHED WITH THE REQUIREMENTS OF THE RAILWAY AND HAD TO BE REFUSED, THE TERMS OF THE HASS TRANSIT RAILWAY LAND RESUMPTION BILL VERE NO DIFFERENT FROM EXISTING PROCEDURES WHEREBY APPROVAL HAD TO BE REFUSED BECAUSE OF PUBLIC PROJECTS AND PLANS.

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+HOWEVER, HE SAID, +UNDER THIS. BILL, CERTAIN LOSSES ATTRIBUTABLE TO THE WITHDRAWAL OF APPROVAL OF BUILDING PLANS ARE ELIGIBLE FOR COMPENSATION, IN PRACTICE, THE DIRECTOR OF PUBLIC WORKS WILL ALLOW PRIVATE DEVELOPMENT TO PROCEED WHEREVER POSSIBLE WITHOUT UNNECESSARY DELAY.+

THE SPOKESMAN WENT ON, +ANOTHER FEATURE OF THE BILL IS THAT THE LANDS TRIBUNAL WILL HAVE DISCRETIONARY POWERS TO AWARD INTEREST ON AN AMOUNT OF COMPENSATION FROM THE DATE IT CONSIDERS FAIR AND JUST. THIS SHOULD RESULT IN A CLAIMANT RECEIVING INTEREST ON COMPENSATION FROM THE TIME WHEN HE LOSES THE USE OF THE LAND OR WHEN DANLAGE FIRST OCCURS.+

THE BILL ALSO SAYS THAT WHERE RESUMPTION RESULTS IN THE EXTINCTION OF ANY LEGAL RIGHT ENJOYED BY AN OUNER OF LAND THAT IS NOT ACTUALLY RESUMED, THERE CAN BE A CLAIM FOR COMPENSATION.

FINALLY, THE SPOKESMAN REITERATED, THE PURPOSE OF THE BILL IS TO PROVIDE FAIR AND JUST TERMS FOR THE ACQUISITION OF THE NECESSARY LAND FOR THE MASS TRANSIT RAILWAY AND TO CREATE THE CONDITIONS FOR THE RAILWAY TO BE BUILT.

+I WOULD EMPHASISE,+ HE CONCLUDED, THAT MUCH OF THE LAND AND PROPERTY HAS ALREADY BEEN ACQUIRED AND THE BILL WILL ENABLE THE RAILWAY, WHICH IS AN ESSENTIAL FEATURE OF HONG KONG'S FUTURE TRANSPORT SYSTEM OF IMPORTANCE TO SO MANY PEOPLE, TO GO AHEAD -WITHOUT FRUSTRATION AND DELAY.+

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