Board rejects William Meacham's 'lifeline' for Ho Tung Gardens

The Antiquities Advisory Board yesterday refused to consider an interpretation of a law which could have saved Ho Tung Gardens.

The board concluded it would do nothing more to declare the Peak mansion a monument, as the Executive Council had made a final decision it did not want to compensate the owner, who would claim HK$7 billion for loss of her redevelopment right.

However, archaeologist and former board member William Meacham had offered to present, in a formal board meeting, a legal opinion on the Antiquities and Monuments Ordinance, which argued the government need not pay huge sums as compensation.

Meacham obtained the legal opinion from a queen's counsel in 1987 when he sought a judicial review to save a historic synagogue on Robinson Road.

The counsel wrote the 1976 ordinance was "badly drafted" and gave "no right of compensation, at all".

It merely authorised the government to pay compensation in certain circumstances, such as when the owner suffered financial losses due to government actions of inspecting, repairing and excavating the site. Board chairman Bernard Chan, chairing his last meeting, turned down the offer, saying he was concerned about the precedent such advice would set for private property rights.