TNAG-0806-FCO40-1011-Policy-of-Government-of-Hong-Kong-on-land-in-the-New-Territo-1979 — Page 73

Encl. 5

16

lands had continually changed hands

between villagers and others, and that to

create any special terms for individual

classes of owners, however circumscribed,

would be invidious.

Statutory Arbitration Not Practicable

3.2

In the early stages of discussion, the Working

Group recognised the desirability of having a system,

the individual payments derived from which were capable

of being arbitrated upon by the Lands Tribunal or some

other quasi judicial body. The submission of the Royal

Institution of Chartered Surveyors, a copy of which is

at Enclosure 5, also recommended a solution based on

amendment of the Crown Lands Resumption Ordinance

leading to statutory arbitration. But the Lands Tribunal

is constituted to arbitrate on individual values and not

on general administrative principles. The principles,

which the Working Group considered must be adhered to,

would produce a common rate for all and no room for the

individual variation which is the essential function of

arbitration. The Working Group accordingly concluded

that statutory arbitration would be impracticable, but

it did consider the possible value of a formally constituted

review body. This is discussed in paragraph 6.5 below.

14.