XN000022-1995-01-18 — Page 17

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Motion debate on Wong Wai Tsak Tong

Following is the speech by the Secretary for Planning, Environment and Lands, Mr Tony Eason, in the Legislative Council motion debate on Wong Wai Tsak Tong's land ownership today (Wednesday):

Mr President,

There has been a lot of surmise and guess work today about what happened in 1905. Some members have expressed certainty about circumstances about which there can be no such certainty. It is not established that a mistake was made and it is not likely at this distance in time that it can be so established. Mr President, we cannot proceed on the basis of guess work, we cannot proceed purely on the basis of the brilliant clarity of hindsight. We should not pretend that something so complex is so simple. The Wong Wai Tsak Tong was first granted land on Cheung Chau by a Block Crown Lease as long ago as 1905. Since then, the Tong has been granted additional land on Cheung Chau under New Grants with the result that the Tong is now the registered owner of 90% of the private land on Cheung Chau.

The Tong sub-leased most of its land on Cheung Chau, using a simple form of sub-lease which is renewable, on the same terms, every five years until the termination of the Block Crown Lease.

The Block Crown Lease, like the majority of New Territories leases, was extended to 30 June 2047 by the New Territories Leases (Extension) Ordinance relatively recently.

The legal position today is therefore that the Tong is the holder of a lease from Government in respect of the majority of the private land on Cheung Chau with a term up to 2047. Although it may be argued that the Tong has not acted entirely reasonably, this is - and must be the starting point from which our handling of the disputes which have arisen between the Tong and its sub-lessees must proceed. Our approach to this problem is to identify the specific problems about which there are disputes and to address them in a practical way to try to resolve those disputes. For several years, we tried to do this by mediation between the two parties in the hope that an agreement could be reached. Sadly, this effort proved to be in vain and we have reluctantly concluded that we have no choice but to introduce legislation to regulate the relationship between the Tong and its sub-lessees.

There are three issues about which there are disputes:

First, the renewal of sub-leases;