XN000022-1982-12-17 — Page 10

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FRIDAY, DECEMBER 17, 1982

THE ALIGNMENT OF THE RAILWAY AND THE LOCATION OF BUILDINGS CONNECTED WITH IT HAVE, AS WAS THE CASE WITH THE MODIFIED INITIAL SYSTEM AND THE TSUEN WAN EXTENSION, BEEN CHOSEN WITH GREAT CARE SO THAT THE EFFECT ON PROPERTIES IS KEPT TO AN ABSOLUTE MINIMUM. IT IS THE INTENTION THAT. WHENEVER POSSIBLE THE OWNERS OF AFFECTED PROPERTIES WILL BE GIVEN THE OPPORTUNITY TO REDEVELOP THEIR PROPERTIES IN CONJUNCTION WITH THE MASS TRANSIT RAILWAY CONSTRUCTION PROGRAMME SO THAT NOT ALL THE AFFECTED SITES WILL NEED TO BE RESUMED BY GOVERNMENT. UNDER THE MASS TRANSIT RAILWAY (LAND RESUMPTION AND RELATED PROVISIONS) ORDINANCE, THE OWNERS OF LAND AND PROPERTIES RESUMED OR OVER OR UNDER WHICH EASEMENTS ARE CREATED MAY CLAIM COMPENSATION. AS WELL AS GIVING THE GOVERNOR THE POWER TO ORDER RESUMPTION OR THE CREATION OF EASEMENTS, THE ORDINANCE ALSO EMPOWERS THE DIRECTOR OF ENGINEERING DEVELOPMENT TO REQUIRE THE OWNER OF ANY BUILDING IN THE RAILWAY AREA TO REMOVE ANY OBJECT OR STRUCTURE WHICH IS ATTACHED TO, OR PROJECTS FROM, A BUILDING IF HE CONSIDERS ITS REMOVAL IS NECESSARY FOR THE PURPOSE OF BUILDING THE RAILWAY.

THE CONSTRUCTION OF THE ISLAND LINE DOES NOT MEAN THAT REDEVELOPMENT OF THE SITES ADJACENT TO THE RAILWAY AREA WILL AUTOMATICALLY BE +FROZEN+, SINCE IN ALL BUT A FEW CASES REDEVELOPMENT CAN BE PERMITTED UNDER CERTAIN CONDITIONS. HOWEVER, AS A SAFEGUARD AGAINST POSSIBLE CONFLICT BETWEEN THE RAILWAY WORKS AND PRIVATE DEVELOPMENT PROPOSALS, THE BUILDING AUTHORITY HAS THE POWER TO REFUSE APPROVAL TO BUILDING PLANS IF IT CONSIDERS THEY ARE INCOMPATIBLE WITH THE CONSTRUCTION OF THE RAILWAY.

OWNERS MAY BE ABLE TO ESTABLISH CLAIMS TO COMPENSATION WHERE THE DIRECTOR OF ENGINEERING DEVELOPMENT REQUIRES LEGAL STRUCTURES TO BE REMOVED, OR THE BUILDING AUTHORITY REFUSES CONSENT TO COMMENCEMENT OF BUILDING WORKS.

ALL CLAIMS MUST BE MADE IN WRITING TO THE DIRECTOR OF ENGINEERING DEVELOPMENT. THE TIME LIMIT FOR THE SUBMISSION OF CLAIMS IS IN MOST CASES ONE YEAR, AS LAID DOWN IN THE SAID ORDINANCE. GENERAL ENQUIRIES CONCERNING THE RAILWAY AREA PLANS SHOULD BE ADDRESSED IN THE FIRST INSTANCE TO DISTRICT OFFICES.

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