TNAG-0810-FCO40-1015-Legislation-for-Crown-lands-in-Hong-Kong-1979 — Page 2

a

G.S. 84

Page

For discussion

RESTRICTED

on 2nd January 1979

LAST PAPER

MEMORANDUM FOR EXECUTIVE COUNCIL

XCR (79)4 Copy No

HKX 365/2

CROWN LAND (AMENDMENT) BILL 1979lveo 1. 820 RYAO. 51

Background

- 8 JAN1979

DESK

INDEX

50)

RY

Action

ten

28

me into

Since the Crown Land Ordinance (Chart effect in October 1972, experience in its operation has brought to light a number of areas where either the powers conferred are in- adequate, or the procedure prescribed is awkward in administration. The amendments set out in the bill annexed to this paper are designed to rectify these weaknesses, and are the result of exhaustive dis- cussions between Housing Branch, Environment Branch, Housing Department, New Territories Administration and the Legal Department.

Problems

2

The two main problem areas, at which the amendments are directed, are the unauthorised change of use of structures lawfully erected on land leased for agricultural purposes, and the unlawful occupation of unleased Crown land. Other amendments are also proposed in respect of powers of entry and giving false information, and changes are proposed in the Schedule to the principal Ordinance. These are described below.

Unlawful Conversions

3

Section 12(1) of the Crown Land Ordinance provides, that, where a structure is unlawfully erected on leased land, or land occupied under licence, the Authority may require the lessee or licensee to demolish that structure. However, where a structure has been lawfully erected on land, or occupied under licence, for agricultural purposes, but is subsequently converted without authorisation to an unacceptable use, no remedy exists under the Ordinance. At present the only remedy is re-entry under the Crown Rights (Re-entry and Vesting Remedies) Ordinance, (Chapter 126). This is a very laborious and time-consuming process, and is far too drastic a measure when relatively small temporary structures are involved.

4

With the growth of the new towns, the temptation to convert structures on the periphery of development areas is very great, and, if it is not forestalled, a repetition of wholesale con- versions such as occurred in the past in the old villages of New

RESTRICTED