TNAG-0672-FCO40-821-Legislation-for-Crown-lands-in-Hong-Kong-1977 — Page 78

For discussion on 17th May 1977

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XCR (77)134 0

Copy No

MEMORANDUM FOR EXECUTIVE COUNCIL

Crown Lands Resumption Ordinance

(Chapter 124)

14

8/6t

RECEIVIN

&

RE

e. 51

24 MAY 1977

RESUMPTION OF LAND FOR CONSTRUCTION OF ACCESS

ROAD AND BUS BAY AND LAYING OF WATER MAINS, KK 365

TAI SHANG WAI, YUEN LONG, NEW TERRITORIES

The Canadian Overseas Development Company Limited is developing a site of more than 12 million square feet in the Tai Shang Wai area north of Yuen Long as a garden housing estate which will eventually accommodate around 30,000 people.

2

At present, the only means of vehicular access to the housing estate is from Castle Peak Road along a motorable earth road some 60 feet wide and about 1, 900 feet long which is entirely on private agricultural land not in the Company's owner ship. Under a Deed of Grant of Right of Way executed in 1973 by the owners of the land over which the road runs in favour of a former owner of the housing estate site, the Company has a right of way over and is to maintain the 60 feet wide strip as a vehicular road. Attempts by the Company to acquire the land over which this road runs have so far proved abortive.

3

The housing estate will make a valuable contribution to the general provision of housing in that part of the New Territories and as such it is deemed to be in the public interest that a proper road access and services such as water should be provided. The existing earth road even when properly made up will be inadequate to cope with the vehicular and pedestrian traffic likely to be generated by an estate population of some 30,000 persons. The company is unable to provide on its own land a suitable access road from Castle Peak Road to the housing estate, and there is no Crown land between the housing estate and Castle Peak Road on which an access road could be constructed.

4

Furthermore the Conditions of Exchange under which the housing estate site is held contain a covenant whereby the Government undertakes to supply mains water to the lot by 20th June 1978. A strip of land about 20 feet wide between the lot and the Castle Peak Road is required to facilitate the laying and future maintenance of the water mains. The company owns no land in this location in which the water mains could be laid nor is there any Crown land between the lot and Castle Peak Road.

C.S. 84

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