XN000022-1985-07-24 — Page 10

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JULY 24, 1985

BILLS SIMPLIFY LAND OBJECTIONS, CLAINS PROCEDURES

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THREE BILLS AIMED AT SIMPLIFYING OBJECTIONS AND CLAIMS PROCEDURES WHEN LAND IS RESUMED BY THE GOVERNMENT WERE INTRODU! IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

THE BILLS ARE THE FORESHORE AND SEA-BED (RECLAMATIONS) BILL 1985, THE CROWN LANDS RESUMPTION (AMENDMENT) BILL 1985 AND THE LAND ACQUISITION (POSSESSORY TITLE) (AMENDMENT) BILL 1985.

MOVING THE SECOND READING OF THE FORESHORE AND SEA-BED (RECLAMATIONS) BILL 1985, THE SECRETARY FOR LANDS AND WORKS THE HON NICKY CHAN, SAID THE BILL WAS INTENDED TO REPEAL AND REPLACE THE PUBLIC RECLAMATIONS AND WORKS ORDINANCE AND THE FORESHORES AND SEA-BED ORDINANCE.

HE SAID THAT APART FROM MINOR POINTS OF DIFFERENCE THE TWO ORDINANCES SERVED THE SAME PURPOSE. THE EXISTENCE OF TWO SIMILAR ORDINANCES HAD GIVEN RISE IN THE PAST TO DUPLICATION OF GAZETTING PROCEDURES.

CONSOLIDATION WOULD ELIMINATE THESE PROBLEMS WHILE RETAINING THE PUBLIC'S RIGHT TO BE INFORMED, TO OBJECT TO PROPOSED RECLAMATIONS AND TO BE COMPENSATED, HE SAID.

MOVING THE SECOND READING OF THE CROWN LANDS RESUMPTION (AMENDMENT) BILL 1985, HE SAID THE PRINCIPAL OBJECT OF THE BILL WAS TO ALLOW PAYMENT OF INTEREST ON PROVISIONAL PAYMENTS.

SECTION 16A OF THE PRINCIPAL ORDINANCE ENABLED THE DIRECTOR OF LANDS TO MAKE PROVISIONAL PAYMENTS OF COMPENSATION PENDING THE DETERMINATION BY THE LANDS TRIBUNAL OF DISPUTED CLAIMS FOR COMPENSATION FOR THE RESUMPTION OF LAND BY THE CROWN.

+AS THE LAW NOW STANDS, IF NO PROVISIONAL PAYMENT IS MADE INTEREST WOULD BE PAID ON THE WHOLE AWARD WHEN DETERMINED BY THE LANDS TRIBUNAL.

+HOWEVER, WHEN A PROVISIONAL PAYMENT IS MADE THAT SUM WOULD NOT ATTRACT INTEREST BETWEEN THE DATE LIABILITY AROSE AND THE DATE THE PROVISIONAL PAYMENT IS MADE.

+THIS ARRANGEMENT IS CONSIDERED UNSATISFACTORY AND CLAUSE 2 OF THE BILL AMENDS THE SECTION SO AS TO ENABLE THE AUTHORITY TO PAY INTEREST ON SUCH PAYMENTS, CALCULATED HAVING REGARD TO THE LOWEST RATE PAYABLE FROM TIME TO TIME BY MEMBERS OF THE HONG KONG ASSOCIATION OF BANKS ON TIME DEPOSITS, SAID MR CHAN.

THE PRINCIPAL OBJECT OF THE LAND ACQUISITION (POSSESSORY TITLE) (AMENDMENT) BILL 1985 WAS TO ALLOW PAYMENT OF INTEREST ON PROVISIONAL PAYMENTS, MR CHAN SAID IN MOVING THE SECOND READING OF THE BILL.

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/+SECTION 9

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