TNAG-0856-FCO40-1066-Construction-of-underground-railway-system-in-Hong-Kong-1979 — Page 310

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Written Answers

HR*173/2

17 JULY 1979

ghtingale's lawyers, to take any action he properly can to assist her.

Banabans

Mr. Hooley asked the Lord Privy Seal whether the interest accruing on the 10 million Australian dollars ex gratia pay- ment to the Banaban people will be made available to them; and if he will make a statement on the full terms of this finan- cial settlement.

Mr/ Blaker: The terms of the 10 mil- lion Australian dollars ex-gratia offer were contained in the statement by the then Secretary of State on 27 May 1977:

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The money would be used to establish a fund which will be preserved for the benefit of the Banaban community as a whole, the annual income being paid to the Rabi Council of Leaders for development and community pur- poses. The payment would be final and would be made on condition that in the out- standing legal actions no appeal would be made in the case against the Crown, and the early resolution of the cases against the BPC would be sought, and that no further claims would be made arising out of past events." The amount of interest payable is at pres- ent under consideration.

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Rudolf Hess

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Mr. Cyril D. Townsend asked the Lord Privy Seal whether, following the allega- tions made in Dr. Hugh Thomas's book The Murder of Rudolf Hess and the studies which he said that Her Majesty's Government were making, he has any remaining doubts as to the identity of the prisoner in Spandau; and, if so, what further action the Government will be taking in the matter.

Mr. Blaker : The claims in Dr. Thomas's book have been carefully studied; on the basis of these studies, we have no doubt that the prisoner in Spandau is Rudolf Hess.

Hong Kong (Expropriation) Mr. Hooley asked the Lord Privy Seal (1) how many dwellings have been expropriated by the Hong Kong Govern- ment in order to build a depot at Sai Lau Kok for the mass transit railway;

(2) how many shops or commercial premises have been expropriated by the Hong Kong Government in order to build a depot at Sai Lau Kok for the mass transit railway.

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Written Answers

464

Mr. Blaker: Nine permanent buildings containing 339 flats and 50 workshops have been resumed in Sai Lau Kok for this purpose. The project also involves the clearance of temporary domestic, in- population of some 15,000. dustrial ad commercial premises with a

Mr. Hooley asked the Lord Privy Seal what are the precise terms of the Treaty of Peking 1898 relating to compensa- tion for land expropriated in the New Territories of Hong Kong; and what machinery exists to ensure that these terms are observed.

Mr. Blaker: The relevant quotation from the Peking Convention of 1898 reads:

•

There will be no expropriation or expul- sion of the inhabitants of the District in- cluded within the extention, and that if land is required for public offices, fortifications or the like official purposes, it shall be bought at a fair price ".

The Governor in Council must first be satisfied that the land is required for a public purpose; the compensation to be offered is then determined by the Lands Tribunal.

Mr. Hooley asked the Lord Privy Seal what is the basis of valuation of private dwellings or shops expropriated by the Hong Kong Government for clearance or demolition.

Mr. Blaker: The basis of valuation of all premies is their open market_value at the time of their reversion to the Crown under the resumption order.

Mr. Hooley asked the Lord Privy Seal mine fair compensation to owners of what independent tribunal exists to deter- dwellings or shops which are expropriated by the Hong Kong Government.

Mr. Blaker : Such compensation is determined by the Lands Tribunal. The tribunal, which is part of the judiciary, consists of a president and at least one member selected from a panel of 26 suit- ably qualified members of the public.

Mr. Hooley asked the Lord Privy Seal what arrangements exist to re-house per- sons whose dwellings are expropriated and then demolished by the Hong Kong Government in pursuance of planning policies.

SGA