To enable the re-development proposal to proceed, an application under Section 16 of the Town Planning Ordinance was made by the Trustees in May 1986. Despite an objection by the Antiquities Advisory Board (AAB), the application was approved by the Town Planning Board on 10 November 1986 because of possible significant financial implications arising from preservation of the Synagogue (which had not then been declared as a monument), the cost for stabilization of the adjoining slope and the advantage of the development project as a long-term solution to the geotechnical problems in that area. The Town Planning Board also emphasised that the right of the legal holder of an unrestricted lease should be respected.
5
In December 1986, the Chairman of the AAB approached Lord Kadoorie, Chairman of the Trustees, to explore informally all options including as a first preference, in-situ preservation.
6
In May 1987, Swire Properties Limited, which had a Heads of Agreement with the Trustees on the Development project, submitted an application for demolition of the Synagogue. As it was crucial to prevent irrevocable destruction of the Synagogue before a viable option acceptable to all could be negotiated, the Secretary for Municipal Services (SMS) obtained full support from AAB at its meeting on 4 July 1987 that the Synagogue should be declared a Proposed Monument. This declaration was gazetted on 10 July
1987.
7
The declaration prompted the Trustees and Swire Properties Ltd. to request a meeting with SMS and the Chairman of AAB to negotiate a mutually acceptable solution. Following several meetings, a revised development scheme was devised which included the reconstruction of the Synagogue to its original design and dimensions, but with enhanced facilities for modern day comfort, safety requirements, and a much needed larger seating capacity. A project co-ordination team was also proposed comprising representatives of the Trustees, the developer, AAB and MS B.
8
The proposal was referred back to AA B with a recommendation that it should be accepted, on the grounds that the Trustees' rights as lawful owners should be respected, with special regard to their freedom to modify their place of worship as they deem
necessary. Rejection of the replica
deem
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