I refer to the article by Charles Buhagiar, MP (September 21).

The bearing of the matter is precisely the fact that whereas one of the concessions was a perpetual emphyteusis (Löwenbräu), the other (Les Lapins) was – and still is – a temporary emphyteusis.

Whereas in the case of the former, government policy and law allow the Government to redeem or sell the perpetual directum dominium and all other residual rights, in the case of the latter any such redemption or sale can only take place pursuant to a call for tenders or a parliamentary resolution.

Both are emphyteutical concessions but they are completely different in purpose and scope.

When the government redeems or sells its directum dominium over the site in question all conditions attached to the original deed of concession lapse.

This was the case in the redemption that took place in the land previously occupied by the Löwenbräu factory and will be the case for any other perpetual emphyteusis in the future.

To this end, the previous Administration went as far as even offering any emphyteuta of a perpetual revisable emphyteusis the option to redeem the emphyteusis encumbering government-owned property without the need of waiting for the first year of revision, or the happening of any condition, in terms of article 1501(2) of the Civil Code. This by means of a notice which appeared on the Government Gazette on January 15, 2008 entitled “Notice pursuant to Resolution of Motion 318 of the House of Representatives of the 19th November 2007 – Redemption of Ground Rent.”