TNAG-1075-FCO40-1325-Legislation-for-the-preservation-of-ancient-buildings-and-mo-1981 — Page 51

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

G.S. 84

For discussion

on 9th June 1981

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HICK 294|1

CR(81)131 1 51 Copy No

RECEIVED IN BEASTRY DO. 51

8 JUN 1981

MEMORANDUM FOR XEUNTE COUNCIL

PA {Action Taken

Antiquities and Monuments Ordinance

(Chapter 53) No 576 N76

DECLARATION OF MONUMENTS

LA

ings.b

Section 3(1) of the Antiquities and Monuments Ordinance provides that the Authority may, after consultation with the Antiquities Advisory Board and with the approval of the Governor, declare any place, building, site or structure, which the Authority considers to be of public interest by reason of its historical, archaeological or palaeontological significance to be a monument.

2

Since April 1978, the advice of the Executive Council has been sought in all cases when the Antiquities Advisory Board has recommended that a place, building site or structure should be declared a monument should be accepted. Apart from the advice of the Antiquities Advisory Board, the main factors to be taken into account when considering the declaration of a monument are :-

(a)

(b)

(c)

the ownership of the monument in question

If the proposed monument is private property, the owner may wish to object to the proposed declaration, since it will restrict the use he can make of his property, and may under section 8 of the Ordinance claim compen- sation for financial loss suffered as a result of declaration

as a monument.

future use of the site occupied by the proposed monument

Clearly any development proposals either by Government, private developers, or the owner which will affect the proposed monument need to be taken into consideration before a declaration is made, together with any other conflicting interests in the use of the site.

the state of repair of the structure

If restoration or maintenance of a proposed monument is either excessively expensive or difficult, then preservation may not be feasible..

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