TNAG-0509-FCO40-574-Construction-of-underground-railway-system-in-Hong-Kong-1974 — Page 38

FRIDAY, JULY 5, 1974

THE BILL ALSO PROVIDES FOR TEN HEADS UNDER WHICH COMPENSATION IS TO BE PAYABLE AND FOR A PROCEDURE TO BE FOLLOWED BY THOSE MAKING CLAIMS. UNDER THE BILL ANY CLAIMANT CAN DISCUSS. HIS CLAIM DIRECT WITH THE DIRECTOR OF PUBLIC WORKS OR HIS REPRESENTATIVE, WHO MAY AGREE WITH THE CONSENT OF THE CLAIMANT TO SETTLE

A CLAIM ADMINISTRATIVELY AND WITHOUT HAVING TO GO TO A TRIBUNAL.

WHERE A CLAIMANT AND THE DIRECTOR OF PUBLIC WORKS HAVE NOT REACHED AGREEMENT WITHIN FOUR MONTHS THE CLAIMANT HAS A RIGHT TO GO TO THE LANDS TRIBUNAL TO BE SET UP UNDER THE RECENTLY PUBLISHED LANDS TRIBUNAL BILL, 1974. EXPERIENCE IN THE UNITED KINGDOM WITH A SIMILAR TRIBUNAL HAS SHOWN THAT IT CAN WORK SPEED ILY AND EFFECTIVELY IN THE INTERESTS OF PRIVATE INDIVIDUALS.

THE HONG KONG LANDS TRIBUNAL WILL BE A JUDICIAL BODY ASSISTED WHERE NECESSARY BY A PANEL OF OTHER PERSONS FROM OUTSIDE THE GOVERNMENT.

UNDER THE BILL NO ONE HAS A RIGHT TO OBJECT TO LAND BE ING INCLUDED WITHIN THE RAILWAY AREA. THE GOVERNMENT SPOKESMAN SAID THAT THIS PROVISION WAS INTENDED TO ALLOW THE GOVERNMENT TO PURSUE THE BUILDING OF THE RAILWAY WITHOUT DELAY. TO CHANGE THE ALIGNMENT OF THE RAILWAY, HE POINTED OUT, WOULD RISK THROWING THE WHOLE PROJECT OUT OF GEAR WITH THE MOST SERIOUS ENGINEERING AND FINANCIAL IMPLICATIONS.

WHERE IT IS NECESSARY TO CLOSE OR SUBSTANTIALLY ALTER STREETS, SHOPKEEPERS AND OTHERS MAY CLAIM COMPENSATION FOR PECUNIARY LOSS OR DAMAGE TO PROPERTY.

ON THE SUBJECT OF COMPENSATION FOR LOSSES CAUSED BY SUBSTANTIAL STREET WORKS, THE SPOKESMAN ADDED, PROVISIONS UNDER THIS BILL AND THE STREETS CALTERATION) ORDINANCE ARE IN ADVANCE OF COMPENSATION PROVISIONS FOR ANY SIMILAR NUISANCES CAUSED BY THE CONSTRUCTION OF PUBLIC WORKS IN THE UNITED KINGDOM.

IN THE PREPARATION OF THE BILL, THE GOVERNMENT HAS GIVEN CAREFUL CONSIDERATION TO THE POSSIBILITY THAT IT MAY HAVE TO REFUSE APPROVAL OF BUILDING PLANS WHICH ARE INCOMPATIBLE WITH THE BUILDING OF THE RAILWAY.

IT IS HOPED THAT, WHEREVER POSSIBLE, AGREEMENT CAN BE REACHED BETWEEN THE TWO PARTIES WHICH WILL ALLOU RAILWAY CONSTRUCTION AND THE DEVELOPMENT OF PROPERTY TO GO AHEAD HAND-IN- HAND, THE SPOKESMAN SAID. THE RE-DEVELOPMENT OF THE ALEXANDRA HOUSE SITE WAS A CASE IN POINT, HE ADDED.

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