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3.
2
of this shaft has been brought forward and construction is now planned to commence in early November this year rather than in April/May 1982. The Government will therefore need to ensure that suitable arrangements are made to give the MTRC the legal right to start constructing the tunnel access shaft by early November. To ensure this and as a safeguard it is intended that the area required should be gazetted as a Railway Area under the provisions of the Mass Transit Railway (Land Resumption and Related Provisions) Ordinance (Chapter 276), thus enabling the area in question to be resumed if this proves to be necessary, either because of difficulty in preparing and executing suitable documents to surredner title in the land, or because of a breakdown in the negotiations".
Up to July of this year Government relied on the co-operation of KWG to secure the necessary access to the Sharp Street depot site required by the Mass Transit Railway Corporation (MTRC) on 2nd November when construction works are scheduled to commence. KWG had entered into an arrangement with the Corporation whereby the requisite area of land would be made available and no difficulties were envisaged. However, on 24th July the Wheelock Marden Group applied to the Land Office for registration of an agreement entered into with Hong Kong Tramways Limited and subsidiaries in 1972 for the develop- ment of the Sharp Street depot site. The legal affect of the 1971 agreement is a matter of dispute between the parties thereto and is currently the subject of litigation. However, for the avoidance of doubt and to legally secure the Corporation's position on the site, it is proposed that the Governor should exercise the power vested in him under section 6(1) of the Mass Transit Railway (Land Resumption and Related Provisions) Ordinance (Chapter 276) to order easements over the land as shown on the plan at Annex A, for the duration of the Stage I works period. These works which involve the construction of a tunnel access shaft and passenger tunnel will continue until late 1983. On completion a decision will be made as to the strata of land to be acquired either by negotiation or resumption for the passenger tunnel. In addition, land will have to be similarly acquired within the depot site for a concourse, work on which will start as soon as the Stage I works have been completed. Subject to the outcome of the litigation between HK Tramways and the Wheelock Marden
G.S. 84
06 17
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