Mr Stone, HKD
la
313
From:
0661020
12
Paul Fifoot Legal Advisers
Date:
3 December 1990
нкс 182 12
CC Mr Paul, HKD
Ms Major, HKD
293
PADS: LAND COMMISSION: YOUR MINUTE OF 30 NOVEMBER
1.
I
Apart from making recommendations with regard to the HKSAR's share of the premium income, Annex III of the JD is about grants of land. The Land Commission has jurisdiction to consult aobut the implementation of Annex III, to monitor the observance of the 50 hectare limit and to consider and decide upon proposals for increasing the 50 hectare limit. deliberately use the word "grant", not "lease", because, although the Annex is in terms of leases, I would not exclude it operating in respect of other forms of grant in certain circumstances.
2. The Annex has nothing to do with land "formation", by which I understand you to refer to the process of creating land by infill or altering the topography; nor does it refer to the use made by the Hong Kong Government of land so long as it retains all rights to the land. However, there could well be a question as to whether the Annex had some application were the Hong Kong Government to make a grant over land for the new airport to an Airport Authority which was distinct from the Hong Kong Government. The creation of the Airport Authority as a corporation would be some evidence that it was distinct from the Government, particularly if there were a separate conveyance of land to the corporation and it were in some measure "privatised". On the other hand, I think one could defend an incorporation of an Airport Authority for convenience sake so long as the Airport Authority were made a public body controlled by the
Government, and this would be particularly so if there were no conveyance of the site but merely a new statutory right of
user.
6PFAAW
Paul Fifoot
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