TNAG-0673-FCO40-822-Legislation-for-Crown-lands-in-Hong-Kong-1978 — Page 131

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B

XCRI(77)15

5

2

A separate schedule of compensation claims, offers recommended by the Government and awards made by the Lands Tribunal in respect of cases which are resumed under the Crown Lands Resumption Ordinance (Chapter 124) and the Mass Transit Railway (Land Resumption and Related Provisions) Ordinance (Chapter 276) is at Annex B. Awards made by the Tribunal are in general in line with, but mostly marginally higher, the final offers recommended by the Government with the exception of the five cases marked with an asterisk. The particular circumstances which have led to the differences are explained as follows:

(a)

Mass Transit Railway cases 7 and 8

In these two particular cases the differences can be attributed to the admittance of the claimant's "Profit and Loss Account" in the calculation of the compensation. Whereas the Government took the view that it ought not be accepted because of some doubt of the claimant's veracity, the Lands Tribunal ruled otherwise. The relevant extract from the Tribunal's decision reads -

"It seems clear that the claimant and

his wife were sorely aggrieved by the resumption and the consequent closure of their business. Because of this they appear to have offered very limited co- operation to Mr Wolstencroft (Government valuer) and the other officials who were involved.

...

Madam POON went on in her evidence to say that the "Profit and Loss Account" was based upon personal recollection. The attitude of the Crown to the "Profit and Loss Account" was that it should be completely disregarded and that no com- pensation should be given with regard to goodwill. This was so even though Mr Wolstencroft conceded the possibility that the claimant was operating a profit- able business. Madam POON swore that the total income of $26, 075 was correct and it was never suggested to her in cross- examination that the "Profit and Loss Account" was in any way false.

There is in our

view, nothing in the evidence which would warrant an outright rejection of the "Profit and Loss Account" and the figure of profit stated therein.

G.S. 84

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