TNAG-2319-FCO40-3363-Petitions-from-members-of-the-public-regarding-Hong-Kong-1991 — Page 130

time". In accordance with section 17(b) of the Ordinance,

the compensation award was paid into the General Revenue in

1980.

It seems that this situation arose because Mr Lau and

his brother did not obtain the Letters of Administration for

their father's estate until 1983, some four years after the claim period had expired. This was due to a family

disagreement. Mr Lau's father died in September 1973 and

until 1983 therefore, the Hong Kong Government were unable

to identify the person to whom the compensation should be

paid.

I understand that in some instances the claim period

for compensation can be extended at the Governor's

discretion. This can be done if the claimant has not been

offered compensation for his land/in writing, or if he has not been served with a notice. Unfortunately, this does not apply to Mr Lau, as notification of the compensation award was given in 1974.

Special

The Hong Kong Government in some circumstances is also

prepared to consider late payments to pre-1982 cases. The

Buildings and Lands Department has considered the

circumstances of Mr Lau's case. However the Department does

not consider that Mr Lau's specifit case merits exception. It takes the view there are no circumstances which justify the delays in the Mr Lau's attempts to obtain compensation. For example, Mr Lau failed to produce Letters of

Administration for his father's land until 1983. Even then

Mr Lau had ample opportunity to pursue his claim but did not do so until December 1987. The Department considers that

there is no evidence to suggest that these delays were

beyond Mr Lau's control. In the absence of such evidence

sees no justification, at the present time, for any payment

to be made to Mr Lau.

SAMACA/2