XN000022-1987-05-06 — Page 22

WEDNESDAY, MAY 6, 1987

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EXTENSION OF 30 000 NT LEASES PROPOSED

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THE ONLY PRACTICABLE WAY OF EXTENDING 30 000 LEASES IN THE NEW TERRITORIES AND NEW KOWLOON WHICH EXPIRE BEFORE JUNE 30, 1997 IS BY LEGISLATION, THE SECRETARY FOR LANDS AND WORKS, THE HÒN GRAHAM BARNES, SAID TODAY (WEDNESDAY).

MOVING THE SECOND READING OF THE NEW TERRITORIES LEASES (EXTENSION) BILL, MR BARNES SAID THE BILL WAS ESSENTIALLY ABOUT TWO THINGS, BOTH COVERED BY ANNEX III OF THE JOINT DECLARATION.

THE FIRST WAS THE STATUTORY EXTENSION OF MOST NEW TERRITORIES LEASES. UNDER CLAUSE 6, ALL LEASES, EXCEPT SHORT-TERM TENANCIES AND LEASES FOR SPECIAL PURPOSES, WOULD BE AUTOMATICALLY EXTENDED WITHOUT A REQUIREMENT FOR PAYMENT OF PREMIUM.

HE SAID SOME OF THE LEASES WHICH WOULD BE EXTENDED CONTAINED SPECIAL PROVISIONS RELATING TO PAYMENT OF COMPENSATION IF THE

IF THE PRESENT FORMULA FOR LAND WAS RESUMED BY GOVERNMENT. CALCULATING COMPENSATION WERE RETAINED THE LESSEE WOULD RECEIVE CONSIDERABLY MORE THAN ORIGINALLY INTENDED.

HE EXPLAINED THE FORMULA WHICH WOULD ENSURE THAT COMPENSATION CONTINUED TO BE PAYABLE IN ACCORDANCE WITH THE ORIGINAL PRINCIPLE.

MR BARNES SAID THE SECOND MAIN ISSUE WAS SHORT-TERM TENANCIES AND LEASES FOR SPECIAL PURPOSES WHICH WERE SPECIFICALLY EXCEPTED FROM THE PROVISIONS REGARDING RENEWAL IN PARAGRAPH 2 OF ANNEX III OF JOINT DECLARATION.

+THE BILL WILL NOT, OF COURSE, EXTEND THESE,+ HE SAID. SHORT-TERM TENANCIES WERE DEFINED IN THE BILL AS LEASES WHICH WERE ORIGINALLY GRANTED FOR NOT MORE THAN SEVEN YEARS.

+WHEN THESE LEASES FALL DUE THEY WILL BE DEALT WITH ON THEIR OWN INDIVIDUAL MERITS, AS AT PRESENT, TAKING INTO ACCOUNT PERMANENT DEVELOPMENT PLANS,+ MR BARNES SAID.

ON LEASES FOR SPECIAL PURPOSES, WHICH HE SAID WERE USUALLY GRANTED BY PRIVATE TREATY FOR SPECIFIC PURPOSES, A COMMON FEATURE WAS THAT MOST CONTAINED A PERMANENT PROHIBITION" AGAINST ASSIGNMENT AND WOULD NOT BE AUTOMATICALLY RENEWED.

TO AVOID ANY UNCERTAINTY OF TITLE TO LAND A CLAUSE IN THE BILL REQUIRED THE REGISTRAR GENERAL (LAND OFFICER) TO INDICATE LEASES FOR SPECIAL PURPOSES BY MAKING À NOTE TO THAT EFFECT ON THE LAND OFFICE REGISTER,

HE SAID THERE WERE 842 LEASES FOR SPECIAL PURPOSES AND EACH WOULD BE EXAMINED BEFORE A DECISION WAS TAKEN ON WHETHER TO EXTEND

IT.

+HOWEVER, MOST LEASES FOR SPECIAL PURPOSES WILL BE EXTENDED, PROVIDED THE LAND IS STILL BEING USED FOR THE PURPOSE FOR WHICH IT WAS ORIGINALLY GRANTED AND IS NOT REQUIRED FOR A PUBLIC PURPOSE,+ HE SAID.

MR BARNES SAID AN EXPLANATORY PAMPHLET OUTLINING NOT ONLY THE EFFECT OF THE BILL BUT ALSO HOW LEASES FOR SPECIAL PURPOSES WOULD BE DEALT WITH ADMINISTRATIVELY HAD BEEN PUBLISHED FOR GENERAL INFORMATION.

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