TNAG-2319-FCO40-3363-Petitions-from-members-of-the-public-regarding-Hong-Kong-1991 — Page 134

41

屋宇地政署總辦事處

香港花園道美利大廈

BUILDINGS AND LANDS DEPARTMENT

HEADQUARTERS

MURRAY BUILDING, GARDEN ROAD, HONG KONG

Tel: 848 2229

本署檔號 Our Ref:

(16) in ACQ/MS/120 NT

來函檔號 Your Ref:

ROFAOK

НКС 236/1

pa

13th April 1991

1464

Submi

C

Mr. M.V. Stone,

Hong Kong Department,

Foreign and Commonwealth Office,

London SW1A 2AH,

England.

Dear Mr. Stone,

I

g

roglin

badly

What a written letter.

37

MP's Letter - Compensation for Resumed Land

Lot No. 1487 s.B in D.D. 221 Mr LAU Yam-hei

P

refer to my letter of the 19th February to Mr. Coglin and can now report the result of enquiries in Mr. Lau's case. The basic facts are set out in the attached case history.

In simple terms it appears that any claim is now "out of time" under the Crown Lands Resumption Ordinance (Cap. 124) both as to the making of a claim and

and of any right to any sum that may have been determined, and is probably statute barred under the Limitation Ordinance (Cap. 347). An award of compensation was in fact made by the then Compensation Board in 1974 and this was transferred to General Revenue in 1979 in accordance with s.17 (6) of the Crown Lands Resumption Ordinance.

If it is accepted that a claim has been acknowledged and the amount of compensation determined then the possibility of a petition for an extension of time in which to make a claim under s.8 (3) of the Crown Lands Resumption Ordinance (see below) does not apply.

8.

(1) Any resumption of who has not 6(1)(a), or 6(1)(b), may

person claiming compensation by reason of the any land under this Ordinance, and being a person been offered in writing compensation under section has not' been served with a notice under section submit a claim in writing to the Authority stating the nature of his estate or interest in the land and the amount which he seeks to recover.

(2)

(3) A person claiming compensation under subsection (1) shall submit his claim to the Authority within a period of 1 year from the date on which the land reverted to the Crown under section 5 or within such further period as the Governor may allow in any case. (Amended, 5 of 1984, s.4)