XN000022-1986-01-29 — Page 16

דו

--

WEDNESDAY, JANUARY 29, 1986

14

+I STILL DO NOT ACCEPT THAT THE 1984 AMENDMENTS BREACH THE TERRITORIAL SOURCE RULE BUT BECAUSE OF DRAFTING DIFFICULTIES

I ACCEPT THAT THEY MAY UNWITTINGLY HAVE INTRODUCED AN ELEMENT

OF UNCERTAINTY INTO THIS MOST FUNDAMENTAL CONCEPT OF OUR

TAXATION SYSTEM,

+THIS IS MOST UNDESIRABLE. PRACTICE NOTES ARE NOT A PROPER PALLIATIVE.

+ AM THEREFORE PREPARED IN PRINCIPLE TO CONSIDER

APPROPRIATE AMENDMENTS TO ENSURE THAT THE TAXATION LAW CONTINUES TO BE SEEN TO BE APPLYING ONLY TO INCOME ARISING IN OR DERIVED FROM HONG KONG.

+AS SUCH AMENDMENTS MUST INVOLVE A VERY CONSIDERABLE COST TO THE REVENUE THE TIMING OF THEIR INTRODUCTION WILL DEPEND ON BUDGETARY CIRCUMSTANCES.

+I WILL ADDRESS THE ISSUE FURTHER IN MY BUDGET SPEECH. +

DEBATE ON THE BILL WAS ADJOURNED.

PROTECTION FOR LANDOWNERS ON NEW MTR ROUTE

*****

A BILL DESIGNED TO PROTECT LANDOWNERS WHO MAY BE AFFECTED BY THE EXTENSION OF THE MASS TRANSIT RAILWAY THROUGH THE NEW EASTERN HARBOUR CROSSING WAS INTRODUCED IN THE LEGISLATIVE COUNCIL BY THE SECRETARY FOR LANDS AND WORKS, THE HON NICKY CHAN, TODAY (WEDNESDAY).

KNOWN AS THE MASS TRANSIT RAILWAY (LAND RESUMPTION AND RELATED PROVISIONS) (AMENDMENT) BILL 1986, IT EXTENDS COMPENSATION PROVISIONS UNDER THE PRINCIPAL ORDINANCE TO THE ROUTE OF THE EASTERN HARBOUR CROSSING.

MR CHAN SAID: +PROVISIONS FOR COMPENSATION TO THE AFFECTED LANDOWNERS, AS THE LAW NOW STANDS, ONLY REFER TO THOSE SECTIONS OF THE MTR ALREADY COMPLETED OR UNDER CONSTRUCTION.

+FOR THESE PROVISIONS TO APPLY TO THE EASTERN HARBOUR CROSSING IT IS PROPOSED TO ADD A REFERENCE TO THE EASTERN HARBOUR CROSSING AND A DEFINITION OF THE PROJECT AT APPROPRIATE PLACES.

+ONCE THE AMENDMENTS HAVE BEEN MADE, ANY LANDOWNER ADVERSELY AFFECTED BY THE PROJECT WILL BE ENTITLED TO CLAIM COMPENSATION. +

MR CHAN ADDED THAT THE OPPORTUNITY HAD ALSO BEEN TAKEN TO TIDY UP A MINOR ANOMALY ARISING FROM AN AMENDMENT TO THE ORDINANCE IN 1983. AT THAT TIME THE WORDS +OR RIGHTS+ WERE ADDED TO SECTIUN SIX TO ENABLE THE GOVERNOR TO CREATE EASEMENTS IN THE RAILWAY AREA.

/HE SAID: