TNAG-1208-FCO40-1511-Compulsory-acquisition-of-land-in-the-Kowloon-Walled-City-1982 — Page 42

HOFO 004/09

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TELELETTER TO FCO

GR 320

CONFIDENTIAL

HKK 361/1

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TELELETTER

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FROM

: R.P. MARGOLIS, DEPUTY POLITICAL ADVISER, HONG KONG.

FILE REF: SCR 3/3371/80

DATED 8 SEPTEMBER 1982

ΤΟ

: R.J.F. HOARE, ESQ, HKGD, FCO.

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LAND IN THE KOWLOON WALLED CITY.

| REGRET THE DELAY IN REPLYING TO YOUR TELELETTER OF 3 AUGUST. 2. I CAN CONFIRM THAT THE PROPOSED LEGISLATION TO WHICH I REFERRED 3IN MY LETTER OF 23 JULY HAS NOT BEEN DRAFTED. THE CROWN SOLICITOR

HAS HOWEVER PREPARED DETAILED DRAFTING INSTRUCTIONS FOR A 'LAND ACQUISITION (POSSESSORY TITLES) ORDINANCE. AS SEEN FROM HERE, THERE ARE TWO DANGERS WHICH NEED TO BE AVOIDED. THESE ARE:

(A) SPECIFIC REFERENCE TO THE ANOMALOUS STATUS OF THE KOWLOON

WALLED CITY WHICH WOULD DRAW ATTENTION TO THE LEGAL AND ADMINISTRATIVE LIMBO IN WHICH IT EXISTED FOR SO MANY YEARS. (B) MEASURES WHICH WOULD PROVOKE THE INHABITANTS OF THE WALLED

CITY INTO INVOKING WIDELY HELD MYTHS ABOUT THE STATUS

OF THE WALLED CITY IN PROTEST AGAINST MEASURES THEY DID

NOT LIKE.

3. THE DRAFTING INSTRUCTIONS PREPARED BY THE CROWN SOLICITOR AVOID BOTH THESE DANGERS. THE PROPOSED BILL WOULD PROVIDE FOR THE

ACQUISITION OF LAND WITHIN HONG KONG TO WHICH A PRESCRIPTIVE TITLE Cap 347 UNDER THE LIMITATION ORDINANCE HAS BEEN ESTABLISHED OR CLAIMED.

THIS PROVISION WOULD, IN THE SAME WAY THAT OTHER HONG KONG LEGISLATION DOES, EXTEND TO LAND WITHIN THE WALLED CITY BUT, OF COURSE, THE LEGISLATION WOULD BE DRAFTED IN OPEN TERMS WITHOUT SPECIFIC REFERENCE TO THE WALLED CITY. ONE OF THE BILL'S OBJECTS WOULD BE TO ENABLE COMPENSATION TO BE PAID FOR THE ACQUISITION OF SUCH LAND (INCLUDING LAND WITHIN THE WALLED CITY) ALONG THE SAME LINES AS ELSEWHERE IN HONG KONG. THE WALLED CITY RESIDENTS ARE MORE LIKELY TO PROTEST IF THEY THINK THEY ARE BEING UNFAIRLY TREATED THAN IF IT CAN BE DEMONSTRATED THAT THEIR ENTITLEMENTS ARE THE SAME AS OTHER HONG KONG RESIDENTS'. IF THE POLITICAL CLIMATE WERE JUDGED SO SENSITIVE THAT ANY ADMINISTRATIVE ACTION OF THIS KIND IN THE WALLED CITY WERE INAPPROPRIATE, IT WOULD ALWAYS BE OPEN TO US TO REFRAIN FROM MAKING ANY ACQUISITION ORDERS UNDER THE NEW LEGISLATION IN RESPECT OF THE WALLED CITY.

4. THEREFORE HOPE YOU CAN AGREE THAT THERE IS NO NEED TO SUSPEND OPERATIONS ON THIS LEGISLATION.

SIGNED R P MARGOLIS

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