A critical review on land resumption and compensation policy in Hong Kong

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A critical review on land resumption and compensation policy in Hong Kong

 

Author: Chan, Suet-ching Angela
Title: A critical review on land resumption and compensation policy in Hong Kong
Degree: M.Sc.
Year: 2002
Subject: Hong Kong Polytechnic University -- Dissertations
Eminent domain -- China -- Hong Kong
Compensation (Law) -- China -- Hong Kong
Land use -- Government policy -- China -- Hong Kong
Department: Multi-disciplinary Studies
Dept. of Building and Real Estate
Pages: iii, 115 p. : ill., maps ; 30 cm
Language: English
InnoPac Record: http://library.polyu.edu.hk/record=b1637853
URI: http://theses.lib.polyu.edu.hk/handle/200/1616
Abstract: Since the last few decades, development in Hong Kong has been taken place at an extraordinary pace. To provide land for these developments, resumption of land from private ownerships have become an inevitable means in achieving its goal in striving for public benefits. The subject research therefore intends to undertake a critical review of the overall land resumption and compensation policy which governs these resumption exercises. My review was conducted both from the statutory and non-statutory perspectives of these policies. From the statutory perspective, I have studied and compared the major legislation which conferred the power of resumption to Government however for various purposes. The fact that these Ordinances which were passed at different times has given rise to inconsistencies in their provisions which have indirectly affected the rights of those whose land was being resumed under these Ordinances. These included the right of objection to resumption, the right to have compulsory offer of compensation and the right to apply for resumption etc. Apart from the statutory perspective, I have put some emphasis in studying the non-statutory compensation system (or the ex-gratia compensation system) which run in parallel with the statutory compensation system. The former has been regarded as the main contributing factor to the anomalies that could be identified in the existing compensation policies for resumption exercises. The problems could be studied from two main spectrums. Firstly, by comparing the compensation packages that were available to those whose land was resumed for the same purpose (e.g. public projects) but however at different geographical locations (e.g. New Territories or Urban Area). Secondly, by comparing the compensation packages that were available to those whose land was resumed at say similar locations (e.g. Urban Area) but for different purposes (i.e. for public projects or for urban renewal projects). From my critical analysis, it is noted that 'unfairness' or inconsistencies exist in these compensation policies. To achieve my objectives in identifying the problems existed in the resumption and compensation policies and to recommend proposals in rectifying the undesirable situations, I have analysed the compensation packages governed by the existing policies for public projects in the New Territories, Urban Area and Urban Renewal Projects in according wit the different categories of people that might be affected by a resumption exercise. Seven groups of people were identified viz. owners of vacant or singly-owned site; owners of domestic, commercial or industrial properties; tenants of domestic, commercial or industrial properties. In each of this group, the compensation packages available to people affected by the above three situations (i.e. public projects in the New Territories, Urban Area and Urban Renewal Projects) would be critically compared. It was noted from the analysis that people within the same group received compensation assessed under different formulas notwithstanding they might have similar circumstances e.g. vacant site owner in the Urban Area would receive less favourable terms of compensation than those in the New Territories or affected by Urban Renewal Projects. These undesirable situations, for the sake of equity, need rectification. I have therefore in my last Chapter recommended measures which in my opinion would eliminate, as far as possible, the inconsistencies or anomalies existed in the current resumption and compensation policy in Hong Kong.

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