TNAG-0639-FCO40-787-Construction-of-underground-railway-system-in-Hong-Kong-(Mas-1978 — Page 155

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CONFIDENTIAL

IMMEDIATE

CYPHER/CAT A

GRPS 1200

FM HONG KONG 08080ZZ

CONFIDENTIAL

DESKBY 081000Z

Draft vapler

REP 1M

REY

-9 FEB 1977

bamp Rubuilted. HKK. 173/1

TO IMMEDIATE F C O TELNO 146 OF

Dum

8 FEBRUARY.

9/2.

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О

YOUR TELNO. 79.

LAET

*་

O

2

P/A

PQS FROM MR. ROBERT PARRY M.P.

NEXT

FOLLOWING IS MATERIAL ON WHICH TO BASE REPLIES TO MR. PARRY'S

SIX QUESTIONS.

(1) COMPENSATION FOR LAND (INCLUDING BUILDINGSS) ACQUIRED FOR

CONSTRUCTING THE MASS TRANSIT RAILWAY IS ASSESSED AT MARKET VALUE

AT THE TIME OF ACQUISITION AS PROVIDED FOR IN THE MASS TRANSIT RAILWAY (LAND ACQUISITION AND RELATED PROVISIONS) ORDINANCE (CHAPTER

276 OF THE LAWS OF HONG KONG).

BUSINESSES AS SUCH ARE NOT ACQUIRED, BUT COMPENSATION IS ASSESSED

FOR LOSS OR DAMAGE TO A BUSINESS CAUSED BY LAND ACQUISITION. THE

AUTHORITY FOR ASSESSING AND PAYING COMPENSATION UNDER THE ORDINANCE

IS THE DIRECTOR OF PUBLIC WORKS. COMPENSATION MATTERS WHICH CANNOT

BE SETTLED BETWEEN THE AUTHORITY AND THE OWNER ARE REFERRED TO THE

LANDS TRIBUNAL.

(11) HK DOLLARS 44,253,637 HAS BEEN PAID IN COMPENSATION TO DATE. 51 CLAIMS ARE OUTSTANDING, 39 OF WHICH HAVE BEEN REFERRED TO THE

LANDS TRIBUNAL. 36 OF THE 39 CLAIMANTS HAVE ACCEPTED AMOUNTS

EQUIVALENT TO THE GOVERNMENT'S STATUTORY OFFER OF COMPENSATION AS

ADVANCE PAYMENTS PENDING ADJUDICATION.

(111) BUSINESSES ARE NOT ACQUIRED, BUT COMPENSATION IS ASSESSED

FOR LOSS OR DAMAGE TO A BUSINESS CAUSED BY LAND ACQUISITION.

WHERE CLAIMS ARE REFERRED TO THE LANDS TRIBUNAL BECAUSE A

SETTLEMENT CANNOT BE REACHED, THE GOVERNMENT, PENDING ADJUDICATION,

CONFIDENTIAL

/ OFFERS ASSISTANCE