Sessional_Paper_1949 — Page 59

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Town Planning and Building Economy.

13. Some of the sites concerned, including in particular the Tai Ping Shan area, have been in the past slum property, and the Committee anxiously sought some manner of dovetailing re-development into whatever town planning is possible. There are insuperable difficulties to carrying out a scheme now which will embrace both pur- poses, but the details have been explained of a town planning project in the Hung Hom area, and the good broad roads and the market that is being provided will in the opinion of the Committee have the effect of enhancing values in the neighbourhood and making re-development a good economic venture. The Committee are aware of a further scheme put forward for re-development in a particular area and earnestly hope that it will be possible to accept the financial burden, heavy though no doubt it will be, of approving it. The scheme has been put up by the Town Planning Officer and the area is also referred to in 76/661/46 (a Secretariat file).

14. Resumption on a large scale would be essential for extensive town planning and at present land values would require funds of proportions that cannot at present be contemplated, but it has been sought in the remedies recommended, not to take any step which excludes town planning, though it does not seem feasible to take any step to aid it, nor is it within the terms of reference of the Committee. It is also in the minds of the Committee that the alternative remedies of a lessee of applying to the Court or to the Governor-in-Council have an essential difference. The Court will proceed on the narrow policy of the principles of equity laid down in the past. The Governor-in-Council will no doubt follow the same principles, but has a broader func- tion embracing general policy, and provision is therefore made in the draft legislation that they may receive and consider representations by the owner as to his intentions with regard to the land.

15. Enquiry has been made as to whether site clearance and re-development, were it extensively pressed at present, would result in shortages of labour or too great a pressure on commercial undertakings, but the Committee is advised that such is the elasticity of the Colony's economy that it is considered there should be no such difficulty nor should there be an effect on prices.

Recommendations.

16. (1) At Appendix A therefore a Bill is attached, drafted by the Acting Attorney General in consultation with the Committee, together with Objects and Reasons in explanation of it. It complies with and is in furtherance of the recom- mendations of the Committee. It is suggested that the Objects and Reasons for the Bill should now be read before the further recommendations of the Committee. They are attached hereto..

(2) The further recommendations of the Committee are—

(a) that Crown Lessees should now be called on to carry out their

covenants to maintain and repair;

(b) In view of the fact that acceptance of rent where there is to the knowledge of the Crown a subsisting breach of covenant may be said in law to waive such up to the end of the period for which rent is accepted, the instructions already issued to the Accountant General to refuse to accept rent in such cases be confirmed;

(c) that while the D.P.W. should by legislation be empowered to effect site clearance and the cost thereof should be a charge on the land, it is not expedient that this work should in all cases burden his Department.

(d) that the work of serving notices, obtaining tenders, and of super- vision of site clearance justifies the imposition of a supervision charge dependant approximately on the amount of work performed in each case by the Public Works Department, and that this charge should be added to the cost of clearing the site;