TNAG-2073-FCO40-2952-Hong-Kong-Town-Planning-(Amendment)-Bill-1990-1990 — Page 63

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

16-NOV-1990 19:23

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P.09

During 1986-7 the rate of change was such as to show the

administration that legal powers of control were necessary.

During 1988-9 an addition of some 82 ha of newly converted

open storage in North Western New Territories alone

convinced the Government that if it did not move faster to

institute planning controls in the New Territories than it

was in a position to move in respect of the revision of the

whole Ordinance, the mixed pattern of land uses in many

areas of the rural New Territories would be virtually

incapable of future planning and order.

9.

The second was

P

Given that some form of

control over change of use was necessary,

would it not have

been better and more acceptable to have proposed an

administrative control system? The answer is that it could

not have worked. In making a change of use in their land,

owners are exercising rights which have been confirmed by

the courts. So the only way in which these rights can be

properly restrained, whether in the public interest or not,

is by agreement or by ordinance, and the administration had

no reason to expect land owners to agree to voluntary

restraints against their own immediate interests.

10.

So what about a statutory licensing system?

The answer is that it is inappropriate.

The kind of

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