TNAG-0809-FCO40-1014-Legislation-for-Crown-lands-in-Hong-Kong-1978 — Page 318

11

XCR(78)97 Copy No

31

For discussion

on 25th April 1978

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HKK 365/2

10 ADD 1073

F

MEMORANDUM FOR EXECUTIVE COUNCIL

Crown Lands Resumption Ordinance

(Chapter 124)

RESUMPTION OF LAND REQUIRED FOR ROAD

WIDENING PURPOSES

In order to improve and widen roads in the urban area to their planned widths, the Director of Public Works will normally negotiate the appropriate set-back of the building line when an affected property is redeveloped. In some cases, it is possible to compensate for the land so set back by concessions under the Building Ordinance to allow greater development on the remainder of the lot. In many cases, however, the increased development would not be desirable or the grant of the concession is impossible for other reasons; in such cases, the Director of Public Works may be authorised to negotiate for the acquisition of the area required for the set-back by the payment of cash compensation. Funds are provided specifically for this purpose.

2

Where, however, no agreement can be reached on the appropriate compensation to be paid, and subject to the approval of the Governor in Council, the only practicable course is to resume the land, thereby enabling either Government or the owner to refer the determina- tion of the amout of the compensation to the Lands Tribunal.

3

The Director of Lands and Survey has advised of six cases in Central District where agreement to set back the building line was reached, the new buildings have been constructed, but where the land remains in private ownership because Government and the owner have been unable to agree on the amount of compensation. It is, therefore, proposed that the land should be resumed under the provisions of the Crown Lands Resumption Ordinance. Resumption will also enable the Crown to acquire a clear title to the portions of land in question some of which are now in multiple ownership and cannot otherwise be easily acquired.

4

The land to be resumed is shown coloured beige hatched A1 - A5 black on the plans at Annexes A1 to A5. The properties affected are:

G.S. 84

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