XN000022-1980-07-09 — Page 15

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+AS IT IS A MATTER OF FUNDAMENTAL PRINCIPLE AND AS IT MAY CREATE DANGEROUS PRECEDENT, REGRET THAT I CANNOT SUPPORT THE BILL AS IT STANDS,+ MR YEUNG STRESSED.

ON THE ASSURANCE BY THE SECRETARY THAT DISTRICT ADVISORY BOARDS AND RURAL COMMITTEES WOULD BE CONSULTED BEFORE A PROPOSED SCHEME IS APPROVED, HE FAILED TO SEE WHY STATUTORY PROVISION TO HEAR THE VIEWS AND OBJECTIONS OF THE AFFECTED PEOPLE COULD NOT BE MADE AS IN THE CASE OF THE TOWN PLANNING AND OTHER ORDINANCES WHERE PRIVATE RIGHTS ARE AFFECTED.

MR YEUNG ALSO COMMENTED THAT THE FORMULA FOR COMPENSATION PROVIDED IN THE BILL WAS NOT FAIR AND REASONABLE AS FAR AS THE LAND AND PROPERTY IN THE NEW TERRITORIES ARE CONCERNED.

+HOW CAN THE COMPENSATION BE CONSIDERED FAIR AND REASONABLE WHEN THE RATE AND AMOUNT OF COMPENSATION PAYABLE BY THE POWER COMPANIES UNDER THE BILL IS A FEW TIMES LESS THAN WHAT IS REQUIRED TO BE PAID BY THE GOVERNMENT IN SUCH CASES,+ HE ASKED.

ANOTHER PECULIAR FEATURE INTRODUCED IN THE BILL, HE NOTED, IS THE IMPOSITION OF A HEAVY CRIMINAL PENALTY AGAINST A PERSON OBSTRUCTING OR INTERFERING WITH THE RIGHTS OF THE POWER COMPANIES.

HE CALLED FOR A STATEMENT FROM THE GOVERNMENT TO EXPLAIN WHY IT WAS NECESSARY TO INTRODUCE A FINE AND IMPRISONMENT AS A PENALTY FOR OBSTRUCTION WHEN NO SUCH PROVISION EXISTS IN OTHER SIMILAR ORDINANCES.

ANOTHER TWO UNOFFICIAL COUNCILLORS, THE HON ALLEN LEE AND THE HON F.K. HU, SPOKE IN SUPPORT OF THE BILL.

MR LEE SAID THE MAJORITY OF UNOFFICIAL COUNCILLORS SUPPORTED THE BILL AND ITS AMENDMENTS ALTHOUGH UNANIMOUS AGREEMENT COULD NOT BE REACHED AFTER LENGTHY DISCUSSIONS BY AN AD HOC GROUP OF UNOFFICIALS,

WHILE RECOGNISING THAT THE PROVISION OF ELECTRICITY IS IN THE PUBLIC INTEREST, THEY HAVE EXPRESSED CONCERN OVER TWO ASPECTS OF THE BILL.

FIRST THEY CONSIDERED IT ESSENTIAL THAT, DURING THE PLANNING STAGE OF A NETWORK'S ALIGNMENT, ALL PARTIES CONCERNED SHOULD BE CONSULTED.

+WE ARE THEREFORE SEEKING AN ASSURANCE FROM THE SECRETARY FOR THE ENVIRONMENT THAT PRIOR CONSULTATION WITH THE DISTRICT ADVISORY BOARDS AND RURAL COMMITTEES WILL BE CARRIED OUT AT THE EARLIEST POSSIBLE OPPORTUNITY.

IT IS IMPORTANT THAT THIS ASSURANCE BE GIVEN IN ORDER TO MINIMISE POSSIBLE DISPUTES AND ENSURE THAT THE ROUTE CHOSEN IS THE OPTIMUM ONE, MR LEE SAID.

SECONDLY, WITH REGARD TO THE AMOUNT OF COMPENSATION TO BE PAID TO LANDOWNERS BY THE POWER COMPANIES, THE UNOFFICIALS THOUGHT THAT THE ENVIRONMENT BRANCH SHOULD CONSULT THE POWER COMPANIES WITH A VIEW TO STRIKE A BALANCE BETWEEN PROVIDING A FAIR DEAL FOR PRIVATE LANDOWNERS AFFECTED BY THE NETWORK AND SAFEGUARDING THE INTERESTS OF CONSUMERS.

/MR HO