TNAG-1400-FCO40-1872-Future-of-Hong-Kong-Ministry-of-Defence-(MOD)-property-1985 — Page 50

Question 2 "What is a temporary occupation permit and what are its terms?"

(a) What is a Temporary Occupation Permit?

(i)

This is a permit granting permission for the temporary occupation of land for a specified period (usually 6 months) at a

nominal rent.

(ii) Detailed and extensive research would be required to

ascertain when and in what circumstances a Temporary Occupation

Permit (TOP) used to be issued and whether these Permits are indeed

still issued. It appears however from informal discussion that a

TOP used to be issued in circumstances where a MOA should have been

issued but the completion of the KOA was held up or would have involved

lengthy detailed negotiations.

(iii) A TOP should not be confused with a "Permit for temporary occupation of part of a new building" issued under Section 21(1)(b) of the Buildings Ordinance (Cap. 123).

(b)

What are its terms?

A copy of the standard form is attached and I have summarised

briefly below its terms. As additional terms may have been included in individual cases it is not possible to confirm that all TOP's are in precisely the same form without checking each individual TOP:-

Preamble

recites that permission is granted for the temporary occupation of certain land for a specified period and

for a specified use.

Description - describes the property, including area, buildings etc.

Clause 1 nominal rent of $1 per annum payable.

Clause 2

Clause 3

-

provides that if the Permittee is permitted to remain

in occupation after the specified period he will do

so on a quarterly tenancy determinable upon 3 months'

notice.

Maintenance clause. The Permittee is also required to make good any damage to the land or any buildings caused

during the tenancy.

/Clause 4

.....