Written Answers
wh, approximately 90
invc
1972-73
1973-74
1974-75
1975-76
•
31 JANUARY 1977
per cent.
354t
New Territories' residents;
1976-77 (to date).
184 1,785 2.180
395 i
***
9,620
(d) There is no record of any payment having been made in respect of altera- tion of Fung Shui arising from military activity.
?
Mr. Parry asked the Secretary of State for Foreign and Commonwealth Affairs if legal aid is available to residents of the New Territories, Hong Kong, who wish to claim compensation for damage, loss or injury arising from military activities.
•
vol Mr. Luard: 'Legal aid' is availablo under the provisions of "Hong Kong's ¡gal Aid Ordinance to Persons (a) whose posable does not exceed SHK700 per month and whose disposal capital does not exceed SHK4,000; and (b) who, in the opinion of the Hong Kong Govern ment's Director of Legal Aid, have valid grounds for instituting proceedings.
menet
The majority of claims are presented initially to district officers of the Near. Territories' administration who advise claimants of the procedures to be fol- lowed. Only in complex, cases,, and especially in those dealing with personal injury, is recourse to liugation necessary. It should, however, be noted that, save in exceptional circumstances, the Crown cannot be sued.
Written Answars
76
damage, loss or injury in cases where liability can be accepted by the Ministry of Defence. In the majority of cases which do not present exceptional difficul ties the officer is able to arrange prompt payment. Where liability is disputed or where the assessment of compensation is complex, the Area Claims Officer is assisted by the local agent of Her Majesty's Treasury Solicitors. Where the compensation assessed is beyond his delegated financial powers, the Area Claims Officer obtains approval for pay- ment from the Claims Commission, Ministry of Defence.
1)
. The present procedures provide for proper examination of claims without re- sulting in unnecessary delays in settle- ment and I consider that they are satisfactory.
Mr. Parry asked the Secretary of State for Foreign and Commonweakh Affairs if he or the Minister of State will meet a smail delegation from the Heung Yeo Kuk who will be visiting the United Kingdom in March to discuss the ques tion of land compensation in the New Territories, Hong Kong, and other related
matters.
:
246 ri
Mr. Evan Luard: My right hon. and noble Friend the Minister of State,' Foreign and Commonwealth Office would, I know, be prepared to consider meeting a delegation from the Heung Yee Kuk if it were to ask him to do so.
•
Mr. Parry asked the Secretary of State for Foreign and Commonwealth Affairs what representation, the Heung Yes K
Tung Kông Govin
premiante motor fo
Mr. Parry asked the Secretary of State For Foreign and Commonwealth Affairs: Das made
what machinery is med in settling of legat=-dieni wistine for compensation our injury to residents of the New Terri- ies. Hong Kong, arising from military, ivities; and if he is satisfied, with the present situation.
Mr. Luard :'' All ‚¿claims, whether, originally submitted to the Hong Kong Government's New Territories' adminis- tration or to military units, are passed to the Area Claims Officer of the Claims Commission, Ministry of Defence, who is attached to the. Headquarters. British Forces, Hong Kong.
·
*
The Area Claims Officer is responsible for assessing equitable compensation for
@ G 14
New-Territories; and what action has been taken in respect of such repre- sentations. ...
****
Mr. Luard: Regular discussions are held between Hong Kong Government's Secretary for the New. Territories and the Heung Yee Kuk on all matters relat- ing to the New Territories. The position on the particular matters raised by my hon. Friend is as follows:
(a) The most recent petition from..the Kuk on the general question of rates was in August 1974. I understand that the discussions that followed resulted in the
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Private notes are available after approval.