TNAG-2816-FCO40-4062-Future-of-Hong-Kong-International-Rights-and-Obligations-(IR-1993 — Page 76

(b)&(c)

· 7

Most agricultural land is in the New Territories where there is no fee simple; all land is held under a Crown lease (or an agreement

preliminary to a Crown lease) or on permit, licence or tenancy. The conditions of these instruments are adequate in controlling the use of land without

without the need to make legislation. Such conditions specify the purpose for which the land is to be used and provide generally that if the land is not used for the purpose, specified, it will be repossessed by the Crown. Land held on lease may be sub-leased, but the same conditions regarding use apply equally to the sub-lease holder.

to the sub-lease holder. Conversion of the status of land from agricultural to building use will be approved if there are no planning objections (i.e. planning in the widest sense to include engineering and other considerations) and the change conforms to the plans prepared under the provisions of the Town Planning Ordinance. The Crown Lands Resumption Ordinance provides

Ordinance provides that any land may be resumed for a public purpose on payment of the assessed value of the land.

As regards natural resources, very few minerals of economic importance have been found in Hong Kong. Feldspar, kaolin and quartz are mined, but only in small

small quantities. In connection with the mining of these mineral resources, land can be held under prospecting licence, mining licence mining lease as prescribed under the Mining Ordinance. Land in valleys available for agriculture is limited.

for agriculture is limited. Hence, the areas affected by mining. are largely confined to steep hill slopes where normally tillage cannot be carried on. The holder of a licence or lease granted under

under the Mining Ordinance is not to be deemed to have the right to enter or prospect on any private land unless he obtains the prior consent in writing of the owner or any lawful occupier of the land. Section 33(1)

33(1) of the Mining Ordinance also provides that reasonable compensation shall be paid by the

shall be paid by the person prospecting or mining to the owner of the land and any lawful occupier thereof for:

(a) the use of the surface of any private land within the area of a prospecting or mining licence or of a mining lease and any disturbance of the surface rights in such land; and

(b)

any damage to any land wherever situated or to anything built, planted, grown or standing thereon caused by prospecting or mining operations.

In spite of the limited land available in Hong Kong, every effort is made to provide recreational activities to the public. There are at present 42 gazetted beaches and 22 swimming pool complexes managed by the Urban Services Department and the Regional Services Department.

Although Hong Kong is one of the world's most densely populated territories, more than 70 per cent of its 1 074 Km2 of land

land is countryside. In an effort to protect this natural asset and to provide recreational facilities, the Country Parks Ordinance provides for the designation, control and management of country parks and special areas. At the end of the reporting period, 21 country parks and three special areas covering a total area of 413 km2

km2 have been designated. It is estimated that the number of visitors to country parks in 1989 amounted to nearly nine millions.