TNAG-0642-FCO40-790-Kowloon-Walled-City-and-aircraft-safety-in-Hong-Kong-1977 — Page 100

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15.

CONFIDENTIAL 機密

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(b) Domestic occupiers be they owners or tenants to offer

of rehousing in public housing estates unless they have

alternative accommodation; and

(c) Domestic occupiers be they owners or tenants to ex-gratia

compensation for their occupancy at rates between $17-22 per

sq.ft. half of which become payable on their agreement to

vacate the premises and the remainder after vacant possession

has been delivered.

However despite the fact that all the offending buildings are post-

war buildings, completely different considerations come into play:-

(a) It is debatable whether one can argue in this case that

Government is resuming land for a public purpose since

demolition work will only affect flats at the top of the

buildings which have exceeded the prescribed height limit.

In any case, Government action is necessitated by the

need to rectify the Enforcement of Airport (Control of

Obstructions) Ordinance rather than resumption for the

purpose of land development. Therefore it is doubtful whether

compensation policy formulated for the purpose of 'acquisition

and clearance of land' is appropriate in this case. In the

case of land resumption Government owes a moral obligation

to the affected residents to compensate them for the social

dislocation caused in the resumption exercise. But in

the case of enforcement of an ordinance, Government owes

no obligation at all since the offending buildings are in

obvious breach of a number of Ordinances and are therefore

illegal.

G.F. 323 >

CONFIDENTIAL

/(b) ...

機密