XN000022-1993-11-24 — Page 16

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WEDNESDAY, NOVEMBER 24, 1993

WITH THE INDUSTRY'S AGREEMENT, THE

GOVERNMENT PROPOSED ΤΟ

INTRODUCE LEGISLATION TO PROVIDE AN EFFECTIVE SANCTION AGAINST NON- COMPLIANCE BY AGENTS, BROKERS AND INSURERS, HE ADDED.

DEBATE ON THE BILL WAS ADJOURNED.

-

SHA INTRODUCES NT LAND (EXEMPTION) BILL

TITLES AND

A BILL THAT SEEKS TO REMOVE DOUBTS ABOUT EXISTING THE RIGHTS OF SUCCESSION TO LAND AND PROPERTIES IN THE NEW TERRITORIES WAS INTRODUCED INTO THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

THIS IS DONE BY GRANTING EXEMPTION TO NON-RURAL LAND IN THE NEW TERRITORIES FROM THE APPLICATION OF PART II OF THE NEW TERRITORIES ORDINANCE WITH RETROSPECTIVE EFFECT FROM THE DATE OF THE RELEVANT LAND GRANT.

MOVING THE

SECOND

LAND

READING OF THE NEW TERRITORIES (EXEMPTION) BILL, THE SECRETARY FOR HOME AFFAIRS, MR MICHAEL SUEN, SAID THERE HAD BEEN CONSIDERABLE CONCERN EXPRESSED RECENTLY OVER POSSIBLE DOUBTS AS TO SUCCESSION RIGHTS AND PROPERTY TITLES IN THE NEW TERRITORIES.

FOR THIS REASON, THE ADMINISTRATION HAD BEEN ACTIVELY PURSUING MEASURES TO ALLAY PUBLIC ANXIETY AND TO ADDRESS ANY POTENTIAL PROBLEM WHICH PROPERTY OWNERS IN THE NEW TERRITORIES MAY FACE.

"AS A FIRST STEP, WE HAVE ALREADY IMPLEMENTED ADMINISTRATIVE MEASURES WITH EFFECT FROM JUNE THIS YEAR TO EXEMPT ALL NEW GRANTS OF LAND IN THE NEW TERRITORIES FROM THE APPLICATION OF THE NEW TERRITORIES ORDINANCE, EXCEPT FOR GRANTS TO INDIGENOUS VILLAGERS FOR EXAMPLE, UNDER THE SMALL HOUSE POLICY OR TO CUSTOMARY BODIES ESTABLISHED BY CLANS AND FAMILIES IN THE NEW TERRITORIES.

"WHILE THESE ADMINISTRATIVE MEASURES ELIMINATE THE PROBLEM FOR LAND GRANTED AFTER JUNE 1993, THERE IS NO PROVISION UNDER EXISTING LEGISLATION FOR GOVERNMENT TO GRANT EXEMPTION TO LAND ALREADY GRANTED PRIOR TO THAT DATE AND NOW HELD IN UNDIVIDED SHARES BY INDIVIDUAL OWNERS, UNLESS ALL OF THEM JOIN TOGETHER TO APPLY.

"ACCORDINGLY, THE BILL BEFORE THIS COUNCIL NOW SEEKS TO OVERCOME THE PROBLEM BY DEEMING ALL NON-RURAL LAND (INCLUDING UNDIVIDED SHARES) IN THE NEW TERRITORIES TO HAVE ALWAYS BEEN EXEMPT FROM THE APPLICATION OF THE NEW TERRITORIES ORDINANCE," MR SUEN SAID.

HE ALSO POINTED OUT THAT THE BILL WOULD REMOVE DOUBTS ABOUT EXISTING TITLES TO LAND OR PROPERTY IN THE NEW TERRITORIES WHICH MAY HAVE BEEN PURCHASED FROM A VENDOR WHO ACQUIRED THE PROPERTY BY REGISTRATION OF PROBATE, LETTERS OF ADMINISTRATION OR CUSTOMARY SUCCESSION FROM A DECEASED OWNER.

"AS THERE

POSITION MAY

BE,

TERRITORIES, THE

IS A GENERAL UNCERTAINTY OF WHAT THE TRUE LEGAL THERE MAY HAVE BEEN MANY CONVEYANCES IN THE NEW VALIDITY OF WHICH MAY BE SUBJECT TO CHALLENGE AND WHICH NOW FORM PART OF THAT TITLE.

/"IT IS