Tel. No. 2810 2937
Fax No. 2868 5261
TBCR2/1/2/1016/89(97)Pt.7
CB1/BC/7/96
10 March 1997
Miss Odelia Leung
Clerk to Bills Committee
Legislative Council
Legislative Council Building
8 Jackson Road
Hong Kong
Dear Miss Leung,
Bills Committee on Railways Bill
Follow-up to meeting on 28 February 1997
Thank you for your letter of 28 February 1997. Our response to the concerns listed out in the enclosure to your letter is set out below.
Manpower resources in handling objections to the Route 3 Project
Route 3 Country Park Section Phases I and II were gazetted under the Roads (Works, Use and Compensation) Ordinance (Cap 370) on 31 March 1994 and 7 October 1994 respectively. During the period of about 16 months (6 months for Phase I and 10 months for Phase II) from April 1994, a total of 35 objections had to be handled.
Highways Department, as the project office, took the lead in co-ordinating the resolution of objections. The whole process required close liaison with other Government departments including Lands Department and the respective District Offices.
The core team of Highways Department was led by the Government Engineer, assisted by the Chief Engineer, two Senior Engineers, two Engineers and two other technical staff. The Lands Department's team was led by the Chief Land Executive, assisted by three Senior Land Executives, six Land Executives and 18 Land Inspectors. Three District Offices were involved, being Tsuen Wan, Yuen Long and Tuen Mun. A total of 15 people from the three District Offices were involved in the whole process.
While the above 51 officers were also involved in other aspects of the project, the core teams of Highways Department and Lands Department devoted a large percentage of their time to the resolution of objections during the period within which objections were handled.
In addition to the above resources, Highways Department had to consult closely other Government departments to obtain relevant input such as legal advice, technical inputs etc. before an appropriate course of action could be decided upon. This involved a considerable number of other departments including Legal Department, Agriculture and Fisheries Department, Environmental Protection Department, Highways Department (Maintenance Office), Lands Department (Estate Office), Planning Department, Regional Services Department, Police, Transport Department and the Territory Development Department.
A table illustrating the staffing requirements for handling objections for the Route 3 project is ed.
Measures to improve the existing mechanism for handling objections
We are gathering the opinion of relevant Government departments as to how the existing procedures could be improved. As this is an important exercise and thorough consultation is required, we would like to report to Members on this issue at the meeting on 13 March 1997.
To consider reducing the statutory time limit in clause 39
Clause 39 stipulates that Government is required to pay out compensation within three months of an award being made. It was suggested that consideration should be given to shortening the statutory time limit to one or two months.
We have consulted the relevant branches and departments on this request. Given the length of a railway alignment and the number of private lots that are affected, the volume of paperwork that needs to be processed leading to actual disbursement is considerable. In view of this, the three-month period is considered a reasonable time period. Members may wish to note that this is only a maximum period and every effort is made to ensure that payment is made as soon as possible. For Members' information, our records show that the majority of compensation was paid out within two months.
Consider re-drafting clause 41 regarding admissibility of evidence
We are considering re-drafting clause 41 such that statements made under the Bill shall be admissible in court and shall be sufficient evidence of the facts stated therein until the contrary is proved.
We are in the process of drafting the Committee Stage Amendments. The draft Amendments shall be forwarded to the Assistant Legal Adviser for perusal as soon as possible.
I would like to inform you that, apart from Mr Trevor Keen who will only be attending the meeting on 13 March, the following officers will be attending the two forthcoming meetings:
| Mr Paul Leung | Deputy Secretary for Transport
|
| Mrs Agnes Allcock | Principal Assistant Secretary for Transport
|
| Ms Linda So | Principal Assistant Secretary for Transport
|
| Mr Trevor Keen | Principal Assistant Secretary (Lands)
|
| Mr C K Mak | Government Engineer / Railway Development
|
| Mr Frank Phillips | Chief Estate Surveyor / Acquisition
|
| Miss Sherman Chan | Acting Senior Assistant Law Draftsman
|
| Mrs Hedy Chu | Assistant Secretary for Transport |
We shall be pleased to answer any questions which members may have in the forthcoming meetings.
Yours sincerely,
(Mrs Hedy Chu)
for Secretary for Transport
bcc AGC (Attn: Miss Sherman Chan/
Mr Allan Lai - B file and Mr James O'Neil)
SPEL (Attn: Mr Trevor Keen)
D Hy (Attn: Mr C K Mak)
D of Lands (Attn: Mr Roger Harding)
Annex
Staff Resources for handling objections to the Route 3 Project
|
Rank
|
No.
|
|
|
|
|
HyD
|
GE
|
1
|
|
(Phases I & II)
|
CE
|
1
|
|
SE
|
2
|
|
E
|
2
|
|
STO
|
1
|
|
TO
|
1
|
|
Lands D
|
CLE
|
1
|
|
(Phases I & II)
|
SLE
|
3
|
|
LE
|
6
|
|
LI
|
18
|
|
|
|
|
TWDO
|
DO/TW
|
1
|
|
(Phase I)
|
ADO/TW
|
1
|
|
SLO/TW
|
1
|
|
LO(I)/TW
|
1
|
|
|
|
|
YLDO
|
DO/YL
|
1
|
|
(Phase II)
|
ADO/YL
|
1
|
|
SLO/YL
|
1
|
|
LO(I)/YL
|
2
|
|
LO(II)/YL
|
4
|
|
|
|
|
TMDO
|
LO(I)/TM
|
1
|
|
(Phase II)
|
LO(II)/TM
|
1 |
Note: Other Government departments involved included:
Agriculture and Fisheries Department, Environmental Protection Department, Highways Department (Maintenance Office), Lands Department (Estate Office), Planning Department, Regional Services Department, Royal Hong Kong Police Force, Transport Department, Territory Development Department.
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