XN000022-1995-07-28 — Page 60

- 13 -

Block Crown Lease Bill: committee stage (clause 9)

Following is the speech by the Secretary for Planning, Environment and Lands, Mr Bowen Leung, at the committee stage of the Block Crown Lease (Cheung Chau) Bill at the Legislative Council today (Friday):

Mr Chairman,

The Hon Lee Wing-tat might have argued eloquently on his proposed amendment but the Administration considers that his proposed amendment touches on two very important principles and that is whether legislation should have retrospective effect and whether private contracts should be respected.

The original Clause 9 of the Bill upholds the important principle that legislation should not have retrospective effect. I quote the original wording of this clause: "For the avoidance of doubt, nothing in this Ordinance shall affect any transaction between Wong Wai Tsak Tong and any person on any lot under the Block Crown Lease carried out before the date of coming into operation of this Ordinance." I believe the Hon Andrew Wong would have borne this important principle in mind in the drafting of clause 9 of the Bill. I fully share his spirit as reflected in this clause and hope that he would continue to uphold the principle.

The other important point of principle involved refers to private contracts. The Administration confirmly believes that contracts entered into by private parties should be respected and should not be interfered with. If it is absolutely necessary to do so, such interference should be kept to the minimum.

The amendment proposed by Hon Lee Wing-tat is contrary to both of these The Bills important principles, and the Administration therefore opposes it. Committee, as Mr Lee admits also has no consensus on the amendment. The official Members will vote against the amendment and urges Members to do so.

Page 60Page 61