XN000022-1983-10-07 — Page 2

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FRIDAY, OCTOBER 7, 1983

BILL ON LAND EASEMENTS GAZETTED

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A BILL, WHICH AIMS TO EXTEND THE POWERS OF THE GOVERNOR TO ACQUIRE EASEMENTS TO THE ACQUISITION OF OTHER PERMANENT RIGHTS AND TO TEMPORARY RIGHTS OF OCCUPATION, WAS PUBLISHED IN THE GAZETTE TODAY.

THE BILL, KNOWN AS THE MASS TRANSIT RAILWAY (LAND RESUMPTION A'D RELATION PROVISIONS) AMENDMENT BILL 1983, WILL BE INTRODUCED INTO THE LEGISLATIVE COUNCIL ON OCTOBER 12.

A GOVERNMENT SPOKESMAN SAID THAT UNDER THE EXISTING LEGISLATION THE GOVERNOR COULD ONLY CREATE, BY ORDER, EASEMENTS IN FAVOUR OF THE CROWN IN, UNDER OR OVER THE LAND IN THE RAILWAYS AREA FOR THE PURPOSES OF, AND INCIDENTAL TO, THE RAILWAY.

+THIS MEANS THAT THE POWER OF THE GOVERNOR IS LIMITED TO THE CREATION OF COMMON LAW EASEMENTS, WHEREAS IT MAY SOMETIMES BE NECESSARY TO ACQUIRE TEMPORARY AND PERMANENT RIGHTS, OTHER THAN COMMON LAW EASEMENTS, OVER LEASED LAND FOR THE PURPOSES OF THE RAILWAY, HE SAID.

THE SPOKESMAN SAID THAT AN EXAMPLE OF A PERMANENT RIGHT WHICH MIGHT NEED TO BE CREATED BUT COULD NOT BE PROVIDED BY MEANS OF A COMMON LAW EASEMENT RELATED TO GROUND ANCHORS.

THESE, HE ADDED, WERE ENGINEERING DEVICES WHICH MADE USE OF THE UNDERGROUND STRATA OF NEIGHBOURING LAND TO PROVIDE SUPPORT TO CONSTRUCTION BUT LEAVE IRRETRIEVABLE MATERIALS PERMANENTLY IN THE GROUND AFTER THAT SUPPORT WAS NO LONGER REQUIRED.

AN EXAMPLE OF A TEMPORARY RIGHT WHICH MIGHT BE REQUIRED BUT COULD NOT BE PROVIDED BY A COMMON LAW EASEMENT, HE ADDED, WAS WHERE TEMPORARY AND EXCLUSIVE RIGHTS OF ACCESS WERE REQUIRED TO A CONSTRUCTION SITE ON LEASED LAND.

THE AMENDMENTS INCLUDE PROPOSALS TO EXTEND THE PROVISIONS FOR COMPENSATION UNDER THE ORDINANCE.

THE BILL IS EXPECTED TO RECEIVE ITS SECOND AND THIRD READINGS ON NOVEMBER 9.

ANYONE WHO WISHES TO COMMENT ON THE PROVISIONS OF THE BILL CAN WRITE TO THE SECRETARY FOR LANDS AND WORKS, MURRAY BUILDING, GARDEN ROAD, HONG KONG.

'PRESSURES INCREASE FOR HIGHER TRANSPORT COSTS' ******

PRESSURES ON THE OPERATORS OF PUBLIC TRANSPORT SERVICES IN HONG KONG ARE INCREASING, SAID THE COMMISSIONER FOR TRANSPORT, MR PETER LEEDS.

MR LEEDS WAS ADDRESSING THE ROTARY CLUB OF HONG KONG ISLAND WEST TODAY.

/+WE HAVE