TNAG-0673-FCO40-822-Legislation-for-Crown-lands-in-Hong-Kong-1978 — Page 147

C

G.S. 84

XCR(77)246

5

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The clearance will involve up to about 100 people, including both owners and tenants, should the former continue to decline to accept village removal terms. Those who are eligible will be offered public housing in Tsuen Wan or Kwai Chung, so that payment of ex-gratia rehabilitation/building allowances will not be necessary. Those who are ineligible will be allocated space in a temporary housing area.

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Normally, once notice of resumption has been given, owners of land affected may voluntarily surrender their land before it reverts to the Crown. If they do so, they receive Letters B or the cash equivalent. If they do not do so, they are made a written offer of compensation under the provisions of the Crown Lands Resumption Ordinance; if they do not accept this offer, they can refer their case to the Lands Tribunal for the determination of the amount of compensation to be paid in respect of the land resumed. In this case, as village removal terms have been offered, the Secretary for the New Territories has proposed that these terms should remain open until the land reverts to the Crown. The houses which have been offered in exchange for the voluntary surrender of land will be completed in September this year and a three-months period of notice of resumption will be given to ensure the completion of the houses before the land reverts to the Crown.

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Although the Tsuen Wan Rural Committee supports the re- sumption, the possibility that the Heung Yee Kuk will try to make political capital out of the situation cannot be entirely ruled out. It is hoped that the institution of resumption proceedings will persuade the landowners to accept the village removal terms which have been offered. If they do not do so they are likely to resist clearance; in which event careful public explanation of the issues involved will be necessary. However, every effort will be made by further patient negotiation and persuasion to avoid this. The situation will become clear in the weeks following the institution of resumption proceedings.

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The possibility of acquiring village land by resumption where a minority of the landowners would not accept the terms laid down under the village removal policy was envisaged in memorandum XCC(77)55. It is proposed that in this case the land should be resumed, as the advantages of maintaining the recently approved village removal policy and avoiding further delays in the project are considered to outweigh the possible political disadvantages of acquiring the land by resumption.

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Honourable Members will be asked to advise, under section 3 of the Crown Lands Resumption Ordinance (Chapter 124), whether the resumption of the lots listed at Annex C is required for a public purpose, namely the construction of a Housing Estate at North Tsuen Wan, Area 7.

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