TNAG-0673-FCO40-822-Legislation-for-Crown-lands-in-Hong-Kong-1978 — Page 130

A

G.S. 84

For information

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XCRI(77)15 28 #KK 365/

Copy No

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NOTE FOR EXECUTIVE COUNCIL

CROWN LANDS RESUMPTION - COMPENSATION

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1-NOV

1 No id

On 23rd August 1977 Honourable Members asked if an information paper could be circulated indicating the offers made by Government and the awards made by the Lands Tribunal in recent cases where it had been necessary to resume buildings to implement public works items.

2

In the New Territories, the great majority of resumption cases relate to agricultural land and these together with those re- sumptions incorporating building land are usually concluded by way of the New Territories land exchange system, under which owners are offered land exchange entitlements, Very few cases are referred to the Lands Tribunal for adjudication. The only recent case in- volving building land referred to the Lands Tribunal was in respect of a two-storey building over a private lot of about 364 square feet. The Crown offered $55,000 by way of compensation for the property and the Tribunal awarded $67, 400 considering that the Crown had failed to recognise the true value of the rent attributable to a mahjong school which operated on the ground floor of the building. This case is not considered to be of any great significance.

3

In the urban areas buildings affected by public works items if affected by statutory plans are either purchased by agree- ment or resumed. In the latter cases, depending on the individual circumstances, resumption proceedings can be instituted in accordance with the provisions of:

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(a)

the Crown lease if the lease so provides; or

(b)

the Crown Lands Resumption Ordinance

(Chapter 124);

(c)

the Mass Transit Railway (Land Resumption

and Related Provisions) Ordinance (Chapter 276).

Resumption which takes place under the Crown lease is subject to compensation calculated in accordance with the provision made therein and there is no provision for referral to the Lands Tribunal. This procedure is not generally used as a 12-month period of notice is normally required.

4

A schedule of compensation claims and offers accepted in settlement in respect of recent cases which are settled by purchase by agreement is at Annex A.

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