16-NOV-1990 19:24
HK GOVERNMENT HOUSE
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P.10
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licensing system to which those who propose it seem to refer
works best when the conditions of licence are precisely
stated and standardised and applicants can be assured that a
licence will be issued if and when these conditions are
fulfilled. But controls to accommodate the relationships
between land use and infrastructure and the local
environment must be dealt with on their merits and in the
context of the local environment; and this is what rural
planning is for. At the end of the day, moreover, there
must be the power to say "Yes" or "No" in the interests of
the community and an appropriate body to say it. The Town
Planning Ordinance procedure suitably amended and the Town
Planning Board are far the best procedure and the most
appropriate body we have in Hong Kong for these purposes.
11.
The question concerning compensation for loss
of leasehold interests has also been raised. The present Town Planning Ordinance contains no provision for
compensation except when a resumption may be justified. Compensation in planning law is a very complicated issue involving a delicate balance between the protection of individual rights and the need to promote community
interests. This is a subject requiring serious consideration and comprehensive debate, particularly in respect of the right to claim, whether or not to pay, and in
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