NEW TERRITORIES CIRCULAR ROAD IMPROVEMENTS
AU TAU TO FAN KAM ROAD PHASE 3
FAIRVIEW PARK TO MAI PO (PART)
SECTION FROM SHEUNG SAN WAI TO YAU MEI SAN TSUEN
Objection to Government Gazette Notice 2407 on 18.7.86 (Closing date for objections 16.9.86)
4
SERIAL NUMBER & DATE
NAME OF OBJECTOR
BRIEF
DESCRIPTION
OF OBJECTION
HyD's
INTERPRETATION
OF VALIDITY
HyD's COMMENTS AND WHETHER
SCHEME SHOULD
BE AMENDED
CLARIFICATION FROM OBJECTORS REQUIRED
WHETHER LEGAL
ADVICE REQUIRED
4
11.12.1986
Mr. LOK Chun-ka
The objector considered that Government's proposed resumption of 670 square metres, representing 83% of the area of his land, will render the remaining land hardly usable for farming purposes and therefore requested Government for total resumption of his land.
The objector's request is in fact covered under Section 23 of the Roads (Works, Use and Compensation) Ordinance.
As DLO/YL has advised that it is Government's current policy that resumption of land should be the minimum necessary to implement the project, no modification is possible.
Althought the objector had been explained that he could apply, under Section 23 of the Roads Crdinance, for resumption of any contiguous or adjacent land and that withdrawal of the objection would not prejudice his rights under Section 23, the objector refused to withdraw his objection.
The Attorney General's Chambers considers that as the objector is objecting to the proposed resumption of part of his land, he is in fact objecting to the scheme and the objection is a valid one.
WHETHER CONSULT-
ATION WITH OTHER
DEPARTMENTS REQUIRED
Yes.
This has been carried out with DLO/YL.
Page 210Page 211
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