TNAG-0672-FCO40-821-Legislation-for-Crown-lands-in-Hong-Kong-1977 — Page 93

CONFIDENTIAL

For discussion

on 29th March 1977

12 APR 1977

11. Davide

1. Report tells

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MEMORANDUM FOR EXECUTIVE COUNCIL

BLOCK RESUMPTION OF LAND IN THE

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Introduction

NEW TERRITORIES

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The time taken to effect a resumption under present procedures is up to 32 weeks and with the increasing pace of development in the New Territories this is causing delays in development. In many cases it has been necessary to reduce the period of notice to the minimum of one month allowed under the Crown Lands Resumption Ordinance (Chapter 124) to meet contractual deadlines. This is undesirable and consideration has been given to other ways in which time could be saved without affecting the safeguards to which the Crown Lessee is entitled.

Present procedure

2

The power to resume leased land is contained in the Crown Lands Resumption Ordinance (Chapter 124). Section 3 of this Ordinance provides that land may be resumed only by order of the Governor and then only after a decision of the Governor in Council that the land is required for a public purpose. This power of the Governor to order a resumption has been delegated to the Secretary and the Deputy Secretary for the Environment. Once the resumption has been ordered the Crown Lessee may, during the period of notice, surrender the land to the Crown on agreed terms. If he does not do so, the land reverts to the Crown on the expiry of the period of notice and the Crown Lessee may then seek a ruling on compensation from the Lands Tribunal.

3

Submissions to the Executive Council seeking agreement that the land is required for a public purpose include a detailed account of the area to be resumed, which is identified by a map and by the lot numbers included in the draft resumption order. The memorandum also gives background information of the number of persons involved and of the agricultural, commercial, industrial and other undertakings which will be affected, together with the proposals for resettlement and com- pensation. Once Council has agreed that the land is required for a public purpose the resumption of the land is ordered. Separate sub- missions are made to Council for each project or phase of a project and the resumption of all the land required for that project or phase is ordered at one time.

CONFIDENTIAL

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