XN000022-1977-06-15 — Page 18

WEDNESDAY, JUNE 15, 1977

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ADMINISTRATIVE INSTRUCTIONS TO BE ISSUED WITH ANTI-POLLUTION LAW

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THE GOVERNMENT HAS AGREED TO ISSUE APPROPRIATE ADMINISTRATIVE INSTRUCTIONS TO ENSURE THAT THE POWERS CONFERRED BY THE OIL POLLUTION (LAND USE AND REQUISITION) BILL 1977 ARE EXERCISED SENSIBLY AND CAUTIOUSLY AND THAT THE RIGHTS AND INTERESTS OF AFFECTED PERSONS ARE CAREFULLY GUARDED, THE HON. PETER C. WONG SAID TODAY.

THE BILL, WHICH AIMS TO PREVENT AND REMEDY POLLUTION OR DAMAGE CAUSED BY OIL SPILLAGE TO HONG KONG WATERS AND FORESHORES, HAS PASSED ITS THIRD READING IN THE LEGISLATIVE COUNCIL.

IT SOUGHT, MR. WONG POINTED OUT, TO PROVIDE VERY EXTENSIVE POWERS TO REQUISITION PRIVATE PROPERTY, TO ENTER LAND AND USE PRIVATE LAND.

DURING THE COMMITTEE STAGE, AN AMENDMENT WAS MADE TO PROVIDE THAT THESE POWERS WOULD NOT BE EXERCISED IN RELATION TO ANY PART OF A RESIDENTIAL BUILDING, UNLESS DIRECTIONS ARE GIVEN IN WRITING.

AS THE ORDINARY CITIZEN MIGHT NOT BE AWARE OF THE PROVISION FOR COMPENSATION PAYMENT AND THE TIME LIMIT OF THREE MONTHS TO APPLY FOR IT, THE GOVERNMENT HAS AGREED THAT ANY PERSON WHO MIGHT BE ENTITLED TO IT SHOULD BE INFORMED IN WRITING OF HIS RIGHTS, MR. WONG SAID.

IT HAS ALSO BEEN AGREED BY THE GOVERNMENT, HE ADDED, THAT ANY COMPETENT AUTHORITY UNDER THE BILL APART FROM THE DIRECTOR OF PUBLIC WORKS AND THE DIRECTOR OF MARINE, APPOINTED TO DEAL WITH OIL SPILLAGES, WOULD BE AT LEAST OF DEPUTY DIRECTOR RANK.

HE REGRETTED THAT THE GOVERNMENT HAD BEEN UNABLE TO AGREE THAT IN DEFAULT OF AGREEMENT, COMPENSATION SHOULD BE DETERMINED BY A BOARD OR TRIBUNAL. INSTEAD IT WAS TO BE BY CIVIL PROCEEDINGS

INITIATED BY THE CLAIMANT.

+AS CIVIL PROCEEDINGS ARE USUALLY EXPENSIVE AND TIME-CONSUMING, A CLAIMANT MIGHT BE FORCED TO ACCEPT A LESS FAVOURABLE SETTLEMENT. THE RULES AND PROCEDURE OF A BOARD OR TRIBUNAL ARE LESS FORMAL AND THE CLAIMANT MAY NOT HAVE TO ENGAGE LEGAL REPRESENTATION,+ HE SAID.

MR. WONG NOTED THAT SUBJECT TO THESE REMARKS, HE WAS SATISFIED THAT THE POWERS SOUGHT WERE NECESSARY FOR THE AUTHORITIES TO COPE WITH A MAJOR OIL SPILLAGE AND THAT THE PROVISIONS TO SAFEGUARD THE RIGHTS OF PERSONS WHO MIGHT BE AFFECTED WERE ADEQUATE.

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