TNAG-1513-FCO40-2071-Hong-Kong-Mass-Transit-Railway-Corporation-1986 — Page 47

For discussion

on 7 January 1986

RESTRICTED

XCR (86) 2 Copy No

37.

MEMORANDUM FOR EXECUTIVE COUNCIL

Mass Transit Railway

(Land Resumption and Related Provisions) Ordinance

(Chapter 276)

MASS TRANSIT RAILWAY (LAND RESUMPTION AND RELATED PROVISIONS) (AMENDMENT) BILL 1986

9/1

the

On 9 July 1985 after considering XCC (85) 87, Council advised and the Acting Governor ordered, inter alia, that a rail tunnel should be constructed

as part of the Eastern Harbour Crossing (EHC) Project.

2

to

It is now proposed to make certain amendments the Mass Transit Railway (Land Resumption and Related Provisions) Ordinance (Chapter 276), in order

in order to adapt it for the purposes of the EHC project. The opportunity is also taken to tidy up a minor anomaly which has arisen following an earlier amendment in 1983. A copy of the Bill

is annexed.

The Ordinance

3

The Ordinance provides under section 3 for plans to be prepared by the Director of Engineering Development showing the railway area. After gazetting of the Railway Area Plan, certain powers may be exercised within it such as resumption, right of entry into buildings for inspection purposes etc. and the bulk of the compensation provisions come into force. Plans must reflect the transport policy of

the Government.

4

However, there are three provisions of the Ordinance which only apply when construction of a particular portion of the railway is authorized. They are:

(a)

the

section 15(3) which enables proprietor of land who cannot obtain building approval for the development of land on the ground that the development would be incompatible with railway works, to require the land to be resumed;

MKK 173/

RECEIVED IN REGISTRY

09 JAN1986

DESK OFFICEN INDEX

PA

REGISTRY Action Taken

G.S. 84

RESTRICTED