ENG-1983 — Page 182

LAND, PUBLIC WORKS AND UTILITIES

Acquisition for Public Purposes

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When private property needed for carrying out public works projects cannot be acquired by negotiation, the use of compulsory power becomes necessary. Property is then acquired under either the Crown Lands Resumption Ordinance or the Mass Transit Railway (Land Resumption and Related Provisions) Ordinance, or through the Roads (Works, Use and Compensation) Ordinance whereby land is resumed for road projects. These ordinances provide for the payment of compensation based on the market value of the affected properties as at the date of reversion. If agreement cannot be reached on the amount payable, either party can refer the case to the Lands Tribunal for determination.

When it is necessary for the government to acquire private land for package develop- ments in the New Territories, power is invariably exercised under the Crown Lands Resumption Ordinance and statutory compensation is paid for the extinguishment of rights conferred by a lease. As from March 1983, the land exchange entitlement system, in respect of acquisition of agricultural land or building land within the new town development areas, was abolished and enhanced rates of ex-gratia cash compensation are paid. In respect of private land acquired outside the new town development areas, only cash compensation is offered. The need for land for public purposes continues to grow and, during 1983, about two million square metres of private land were acquired in the New Territories in order to carry out various public works projects, largely for new town developments.

The compulsory acquisition of marine rights, usually required for reclamation projects or the grant of pier leases, is effected under the Public Reclamation and Works Ordinance or the Foreshores and Sea Bed Ordinance. These ordinances provide for the lodging of objections to a scheme and for the payment of compensation. Private rights over Crown foreshores or seabed affected as a result of road projects are dealt with under the Roads (Works, Use and Compensation) Ordinance.

During 1983, about $80 million was paid in compensation for land and buildings acquired, either under compulsory powers or by agreement, in the urban areas of Hong Kong Island and Kowloon to be used for public projects. These included the proposed Shek Ku Lung Road Playground, Carpenter Road Playground, Hammer Hill Sports Ground, and the Urban Council Complex and Home Ownership Scheme at Po On Road, Cheung Sha Wan.

Development of New Towns and Rural Townships

With suitable land for development being virtually exhausted in the urban areas, it has been necessary to look beyond the range of hills north of Kowloon to the largely rural expanse of the New Territories for the creation of new centres of urbanisation. Since 1972, an ambitious programme of building new towns, one of the greatest challenges Hong Kong has ever faced, has been taking place.

The New Territories Development Department (NTDD), which celebrated its tenth anniversary during 1983, was created to plan and carry out the New Towns Development Programme. Since 1982, the NTDD has operated autonomously as a result of the dissolution of the Public Works Department of which it was a part. For the past 10 years, the department has gone from strength to strength in meeting its target to foster the growth of the new towns as carefully planned communities for which land, much of it reclaimed from the sea, would be provided for a full range of social, educational and recreational facilities. The department consists mainly of professional officers with some technical support to co-ordinate and oversee the consulting engineers, private architects and 'works' departments Engineering Development, Water Supplies, Electrical and Mechanical