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COMPENSATION AND CLEARANCE

Introduction

The Government has commenced the statutory planning procedures for amendment of the Outline Zoning Plans (“OZP”). The target is to complete the planning procedures in 2nd Q of 2015. Upon approval of the statutory OZP by the Executive Council, preparatory work for land resumption will commence in phases. It is anticipated that the project scheme and the affected area of the phase concerned will be gazetted under the relevant ordinances in the 4th quarter of 2015. The comments received will then be addressed in accordance with the statutory procedures. Subject to the Executive Council’s approval of the project scheme, the Lands Department (“LandsD”) expects that the private land required will be resumed in phases from the 1st to 2nd quarter of 2017 under the relevant ordinances and according to the project implementation programme. The government land concerned will also be cleared

GUILDELINES

For landowners, households, shop operators, farmers and persons affected by the NDAs project, who are eligible, the arrangements offered by the Government are mainly as follows:

  • Land to be reserved for public housing construction in the two NDAs to provide local rehousing for eligible households affected by clearance in the areas [Note: This proposal is introduced exclusively for the NDAs project. The households concerned are required to meet the general criteria for public rental housing (“PRH”), including the comprehensive means test covering income and assets.];
  • A special ex-gratia cash allowance (SEGCA) to be offered to eligible households occupying licensed/surveyed domestic structures or non-domestic structures [Note: This proposal is introduced exclusively for the NDAs project.];
  • A domestic removal allowance to be offered to eligible households;
  • Ex-gratia allowances (“EGAs”) to be offered to the eligible operators of shops, workshops, godowns, slipways, schools and churches, and ornamental fish breeding undertakings;
  • Applicable EGAs to be offered to and/or agricultural resite to be arranged for eligible farmers;
  • A special agricultural land rehabilitation scheme to be introduced for affected genuine farmers [Note: This proposal is introduced exclusively for the NDAs project.];
  • Landowners to be provided with compensation for land resumed;
  • Eligible owners of building land in the New Territories to be provided with compensation and EGAs according to the New Territories Village Removal Policy;
  • Eligible occupiers residing in legal domestic properties to be provided with EGAs;
  • Claimants of graves, kam taps (or urns) and shrines that need to be removed to be provided with EGAs.

[Note: Affected owners or persons possessing interests in land may make a statutory claim for compensation under the relevant ordinances if they are not satisfied with the Government’s compensation/EGAs offers.]

For details of item (ii) above, please refer to Appendix 3 of the discussion paper CB(1)1461/12-13(01) of the Legislative Council Panel on Development meeting on 15 July 2013. The Government has also raised the EGA rates or relaxed the eligibility criteria for items (iii), (iv) and (x). For details, please refer to Item 3 of discussion paper FCR(2013-14)33 of the Finance Committee of the Legislative Council on 6 Dec 2013.The Administration will seek approval from the Finance Committee of the Legislative Council for introducing the new proposal of item (ii).

Useful Link

North East New Territories New Development Areas Project - Guide to General Ex-gratia Compensation and Special Ex-gratia Compensation for Land Resumptions and Clearances

http://www.landsd.gov.hk/download.php?file=en/images/doc/NENT_Bklet.pdf