XN000022-1977-10-27 — Page 16

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THURSDAY, OCTOBER 27, 1977

ON THE QUESTION OF COMPENSATION ARISING FROM THE EFFECTS OF GOVERNMENT TOWN PLANNING, MR. WONG POINTED OUT THAT THE HONG KONG TOWN PLANNING ORDINANCE, UNLIKE THE UK TOWN AND COUNTRY PLANNING ACT, SPECIFICALLY DENIED THE RIGHT OF ANY LANDOWNER, WHO CONSIDERED HIS INTEREST AFFECTED, FROM CLAIMING COMPENSATION.

+VERY OFTEN A PLAN MAY, MERELY BY BEING PUBLISHED AS A DRAFT PLAN, DRAIN AWAY DEVELOPMENT VALUE FROM LAND, + HE SAID. AN OWNER, FOR EXAMPLE, MIGHT NOT BE ABLE TO SELL HIS PROPERTY OR BE PERMITTED TO DEVELOP IT IF IT WAS AFFECTED BY A PLANNED NEW ROAD WHICH MIGHT NOT BE DUE FOR CONSTRUCTION FOR SOME YEARS,

+ IN ALL SUCH CASES WHERE THERE IS A POTENTIAL ELEMENT OF COMPULSORY PURCHASE, THE OWNER AFFECTED SHOULD BE ABLE TO SERVE A NOTICE REQUIRING THE ACQUISITION BY GOVERNMENT OF HIS INTEREST IN THE BLIGHTED LAND, + MR. WONG SAID.

HE SAID THE PRICE PAID FOR A LEASE OFTEN REFLECTED ITS FULL DEVELOPMENT POTENTIAL FOR ITS ENTIRE TERM.

+HOWEVER THE TOWN PLANNING BOARD IS ALWAYS AT LIBERTY TO INTRODUCE ANY RESTRICTIONS IT THINKS FIT.+

THE OWNER WAS THUS DEPRIVED OF HIS RIGHT TO RE-DEVELOP IN ACCORDANCE WITH THE LEASE CONDITIONS BUT WAS NOT ELIGIBLE FOR ANY FORM OF COMPENSATION. +SUCH DEROGATION OF PRIVATE RIGHTS IS SOCIALLY UNDESIRABLE AND SHOULD NOT BE EFFECTED WITHOUT ADEQUATE COMPENSATION, + HE SAID,

HE ADDED THAT THERE WAS FURTHER CASE FOR COMPENSATION SINCE PREMIUMS WERE PAYABLE WHENEVER A LANDOWNER APPLIED FOR A MOD IF ICATION OF THE CROWN LEASE CONDITIONS. BESIDES, HE SAID, COMPENSATION WAS PAYABLE UNDER THE COUNTRY PARKS ORDINANCE, TO A LANDOWNER WHOSE LAND WAS DETRIMENTALLY AFFECTED.

MR. WONG STRESSED THAT COMPENSATION MUST BE BASED ON EQUITABLE GROUNDS AND NOT +SHACKLED BY NARRO. LEGISLATION.+

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