TNAG-0639-FCO40-787-Construction-of-underground-railway-system-in-Hong-Kong-(Mas-1978 — Page 4

C.S. 166

CONFIDENTIAL # #

For information

NOTE FOR EXECUTIVE COUNCIL

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XCCI(77)12

29. Copy No

HKK 731

M

ALLOCATION OF LAND TO THE MASS TRANSIT RAILWAY JAN 97

On 8th November 1977 the Chief Secretary said in Coonsit that he would send Honourable Members a note describing the procedures followed and the authority required for the resumption and allocation of land for the MTR. This note has been prepared accordingly.

Resumption of Land for the Mass Transit Railway

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The procedures for the resumption of land for the Mass Transit Railway are governed by the Mass Transit Railway (Land Resumption and Related Provisions) Ordinance (Chapter 276). Section 3 of the Ordinance provides for the Director of Public Works to "delineate the railway area, being that area within which land may be resumed or easements in, under or over land may be created pursuant to this Ordinance for the purposes of and incidental to the railway". Section 4 of the Ordinance deals with resumption; it empowers the Governor to order the resumption of any land within the railway area for the purposes of and incidental to the railway. The Governor's powers are exercised by the Deputy Secretary for the Environment under delegated authority.

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The reason for the vesting of powers in the Governor for the resumption of land required for the Mass Transit Railway is best explained by quoting from memorandum XCC(74)45 on the then Mass Transit Railway (Land Resumption and Related Provisions) Bill 1974.

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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 cons- truction 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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CONFIDENTIAL

機密

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