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XCC(74)45
their inspection and for their notific ation by publication in the Gazette. Land within the "railway area" (which may include land lying outside the railway alignment for use as work sites) may be resumed or may have easements created in respect of it.
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Clause 3(5), which provides that no one may object to or challenge the inclusion of land in the "railway area", represents an important but necessary departure from the provisions that allow for objections in the Public Reclamations and Works Ordinance (Chapter 113) and the Streets (Alteration) Ordinance (Chapter 130). The departure is necessary partly to avoid delays to the project, but mainly because it is necessary to protect both the lateral and vertical alignment of the railway. Once established, after all possible alternatives have been considered, the alignment can be changed only at the risk of throwing the project out of gear in engineering and other terms. If Honourable Members so wish the plan of the railway area could be put to this Council before it is published and the same could be done before the plan is amended under clause 3(3) of the bill.
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As regards paragraph 5(b) (vesting powers in the Governor): Honourable Members are aware that, under the Crown Lands Resumption Ordinance, any private land that is resumed includes land which is required for a public purpose as decided by the Governor in Council, and that the normal procedure is to put individual resumption proposals (or a set of proposals) for a decision as to whether or not private land needs to be acquired, in each case, for a public purpose. After considering memorandum XCC(73)10 on 13th February 1973, however, Honourable Members advised and the Governor ordered, inter alia, that the construction of the first four stages of the railway should proceed as soon as possible. It follows from this decision that all private land that needs to be resumed for the purposes of building the first four stages of the railway is required for a public purpose. For this reason it is considered that, quite apart from the number of resumptions involved, it would not be necessary to refer individual resumption proposals to Honourable Members for advice.
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Consequences of resumption. Upon resumption, the land will either revert to the Crown (clause 4(3)(b)) or, in the case of undivided shares in land, be vested in the Colonial Treasurer Incorporated (clause 4(3)(a)). Shares in the land will be vested in the Colonial Treasurer Incorporated where, for instance, a part only of a building is required, as in the case of a subway entrance. From a legal point of view it is considered inappropriate that undivided shares in land should be vested in the Crown (as such) since the Crown might then be said to become an owner in common with the other
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