XN000022-1980-10-22 — Page 16

WEDNESDAY, OCTOBER 22, 1980

14

LAND LAW NEEDS REVIEW

*****

THE HON PETER C. WONG CALLED ON THE GOVERNMENT TO SET UP A SPECIAL COMMITTEE TO CONDUCT AN IN-DEPTH EXAMINATION OF THE LEGISLATION RELATING TO LAND IN HONG KONG.

SPEAKING AT THE ANNUAL POLICY DEBATE OF THE LEGISLATIVE COUNCIL, MR WONG SAID THE SIGNIFICANCE OF APPROPRIATE LEGISLATION BECOMES MORE APPARENT WHEN ONE REALISES THAT CURRENTLY THERE ARE SOME 180 000 TRANSACTIONS RELATING TO LAND PER YEAR AND THE NUMBER IS FAST GROWING.

+OBVIOUSLY, PRIORITY MUST NOW BE GIVEN TO THIS VERY IMPORTANT, NON-CONTROVERSIAL AND LONG OVERDUE LEGISLATION.+

MR WONG ADMITTED THAT LAND LAW IS AN EXTREMELY DIFFICULT AND COMPLICATED SUBJECT.

OUR LEGISLATION ON LAND, SAID MR WONG, IS NOT ONLY FRAGMENTARY BUT LEAVES SEVERAL IMPORTANT AREAS VAGUE AND OFTEN CONFUSING.

+RATIONALISATION OF OUR LAND LAW MAY NOT MEAN MUCH TO THE MAN IN THE STREET, BUT IT IS CERTAINLY IN THE PUBLIC INTEREST, SINCE IT WILL, AMONG OTHER BENEFITS, REDUCE DISPUTES AND LEGAL FEES.+

IT IS NOT GENERALLY REALISED THAT HONG KONG DOES NOT HAVE A LAW OF PROPERTY ORDINANCE SUCH AS THE ENGLISH LAW OF PROPERTY ACT 1925, HE SAID.

HOWEVER, PROPOSALS FOR A LAW OF PROPERTY BILL HAVE BEEN DISCUSSED ON A NUMBER OF OCCASIONS, PARTICULARLY IN THE LAST 25 YEARS.

A NUMBER OF DRAFT BILLS HAVE EMERGED AND A NOTABLY SUBSTANTIAL ONE WAS PREPARED IN 1973 ONLY TO BE REJECTED.

+ IN 1977 AND 1978 DISCUSSIONS BETWEEN THE REGISTRAR GENERAL'S DEPARTMENT AND THE LAW SOCIETY RESULTED IN YET ANOTHER DRAFT BILL.

+THIS WAS CONCISE AND CONTAINED A NUMBER OF USEFUL PROVISIONS.

+BUT WHEN THE DRAFT BILL WILL BE FINALISED CAN ONLY BE A MATTER FOR SPECULATION, ASSUMING THAT IT WILL NOT SUFFER THE SAME FATE AS ITS PREDECESSORS.+

ANOTHER EXAMPLE OF OVERDUE LEGISLATION CITED BY MR WONG WAS THE STAMP ORDINANCE.

HE POINTED OUT THAT IT WAS NOW OVER TWO YEARS SINCE A PROPOSAL TO 'TIDY UP THE ORDINANCE WAS ANNOUNCED IN 1978,

A SPECIALIST HAD BEEN APPOINTED TO MAKE RECOMMENDATIONS AND THE INTENTION TO REVISE THE ORDINANCE WAS AGAIN MENTIONED IN 1979. BUT SINCE THEN THERE HAS BEEN A DEAFENING SILENCE, HE SAID.

WONG