地政總署 Lands Department September 2020 1 Background The Development Bureau announced on 10 May 2018 proposed enhancements to the ex-gratia compensation and rehousing (C&R) arrangements for the Government’s development clearance exercises1 (hereinafter referred to as “the new arrangements”). The new arrangements were approved by the Finance Committee of the Legislative Council on 18 July 2018 and their eligibility criteria have been incorporated in the booklet “General Ex-gratia Compensation Arrangements for Owners, Tenants and Occupants and Rehousing Arrangements for Occupants of Squatter Structures affected by Land Resumption and Government Development Clearance Exercises”, which is available on the website of the Lands Department (LandsD) www.landsd.gov.hk/en/rehouse/rehousing.htm. To complement the new arrangements, with effect from 1 November 2018, LandsD will accept applications from households residing in licenced/surveyed non-domestic structures2 for one-off voluntary registration with a view to freezing the occupation of licenced/surveyed non-domestic structures for domestic purposes and discouraging people from moving into the licenced/surveyed non-domestic structures after 10 May 2018 (i.e. the announcement date of the new arrangements). The voluntary registration is territory-wide and open up to 31 October 2021, and the residing commencement date of domestic occupants of licenced / surveyed non-domestic structures is relaxed from 10 May 2016 to 10 May 2018. Occupants who meet the registration criteria specified in paragraph 2 below may submit their registration applications on a voluntary basis. Only those applicants satisfying the requisite registration requirements may be eligible for C&R arrangements in the event that their structures are to be cleared in the Government’s future development clearance exercises. 1 2 Registration Criteria Domestic occupants must have been residing in a licenced/surveyed non-domestic structure since or before 10 May 2018 and provide relevant proof of residence, including a statutory declaration upon request. 3 Application Procedure 3.1 To obtain an application form The application form may be obtained from the District Lands Offices, Clearance Offices and Squatter Control Offices of LandsD, as well as the Home Affairs Enquiry Centres3 of the Home Affairs Department. It may also be downloaded from LandsD’s website at www.landsd.gov.hk/en/vrs/vrs.htm. Note 1 The Government’s development clearance exercises include clearances required for public works projects (for which relevant works departments have submitted clearance applications to LandsD), clearances related to statutory land resumption and clearances of government land to make way for the Government’s land disposal and other development purposes, but do not include enforcement-related clearances or emergency clearances. Note 2 The Government conducted in 1982 a territory-wide Squatter Control Survey (SCS) to register the location, dimensions, building materials and use of squatter structures. The survey results are used as a baseline for squatter control whereby the existence of squatters covered by the 1982 SCS (i.e. “surveyed structures”) is tolerated for domestic or non-domestic use, whichever was recorded in the 1982 SCS. Moreover, the Government has issued different licences permitting the erection of temporary structures on government land and private agricultural land, and these include Short Term Tenancies (STTs), Government Land Licences (GLLs), Modification of Tenancy (MOT) Permits, Short Term Waivers (STWs) and Letters of Approval (Ls of A). The structures covered by those licences issued before 1982, or those after 1 June 1982 provided that they are derived from pre-1982 licences in respect of the structures to be cleared and without substantial changes to the conditions of the pre-1982 licences are collectively referred to as “licenced structures”. Such licenced structures are tolerated and could be for domestic or non-domestic use, whichever was stated in the relevant licences. Note 3 Please refer to Annex I for addresses of the District Lands Offices, Clearance Offices and Squatter Control Offices of LandsD as well as the Home Affairs Enquiry Centres of the Home Affairs Department. 2 3.2 To submit an application The applicant should submit a completed application form, together with the required supporting documents4, to LandsD via any of the following means - IN PERSON to the following offices (i) Clearance (1) Office (Hong Kong Sub-office) Rear of Hong Kong Stadium, So Kon Po, Causeway Bay, Hong Kong (ii) Clearance (1) Office (Kowloon and Tsuen Wan Sub-office) Units 1001-1003, 10/F, PeakCastle, No.476 Castle Peak Road, Kowloon (iii) Clearance (2) Office (Tai Po Sub-office) Units 317-332, 3rd Floor, Tai Wing House, Tai Yuen Estate, Tai Po, New Territories; or (iv) Clearance (2) Office (Tuen Mun Sub-office) Units 28-29 & 31-33, Ground Floor, Hing Tai House, Tai Hing Estate, Tuen Mun, New Territories. BY POST or IN PERSON to the following office Clearance Team, New Development Area Section 27/F, CDW building, 382-392 Castle Peak Road, Tsuen Wan, New Territories. 3.3 Period for application Extended to 31 October 2021. Late submission of application will not be accepted (Reference will be made to the postmark date for mailed applications). 3.4 Application number An acknowledgement note together with an application number will be issued upon the receipt of a registration application. The applicant should keep the acknowledgement note and the application number to facilitate future enquiries. Note 4 Please refer to paragraphs 4.2 and 4.3 for the required supporting documents. 3 4 Guide for Completion of the Application Form 4.1 The applicant and his/her immediate family member(s) residing in the same structure should complete one application form. Immediate family members include parents, spouse and children etc.. Other family member(s) residing in the same structure should submit a separate application. 4.2 The applicant should provide his/her personal data and those of his/her immediate family member(s) residing in the same structure as specified in the application form, together with copies of all supporting documents for proof of identity and relationship (e.g. marriage certificate or birth certificate) 4.3 The applicant should provide supporting documents proving that he/she and his/her immediate family member(s) have been residing in the licenced/surveyed non-domestic structure since or before 10 May 2018. Documents such as tax returns, tax demand notes, bank statements, any letters or demand notes from the Government and public agencies, records at the Registration and Electoral Office, children’s school handbooks, with the name(s) of the applicant and/or his/her immediate family member(s) printed thereon and issued before 10 May 2018, may be accepted as proof of residence. 4.4 The applicant should provide the Licence/Squatter Control Number of his/her residing structure(s) for verification by LandsD as to whether the said residing structure(s) is/are licenced/surveyed non-domestic structure(s). Otherwise, LandsD’s staff may contact the applicant for further information. 4 4.5 The applicant and his/her immediate family members aged 18 or above listed in the application form should sign the form. The parent/guardian of the immediate family member(s) aged below 18 listed in the application form should sign the application form on the said member’s behalf. 4.6 To facilitate processing of the application for voluntary registration, the applicant and his/her immediate family member(s) should authorise LandsD to collect the personal data of the applicant and his/her immediate family member(s) from other relevant government departments, public/private organisations, and/or any other third party (such as employers) in possession of such personal data for verification of the applicant and his/her immediate family member(s)’ eligibility for registration. Whilst the collection of information is in progress, the applicant and his/her immediate family member(s) should also authorise LandsD to disclose their personal data collected to the abovementioned government departments, public/private organisations and/or any other third party for verification. The applicant and his/her immediate family members should authorise, and undertake to provide separate consent, if necessary, to the government departments, public/private organisations and/or any other third party possessing their personal data to furnish LandsD with such data for processing his/her application for voluntary registration. 5 4.7 LandsD will use the personal data collected for future assessment of eligibility for general C&R arrangements in the event that the structure(s) is/are required to be cleared in the Government’s future development clearance exercises. LandsD may also use the personal data collected for any necessary investigation and enforcement action under the Squatter Control Policy as appropriate, including handling complaints received against changes of occupant(s) or any other breaches of the structure(s) under the Squatter Control Policy. The personal data collected will be kept by LandsD until fulfillment of the said purposes. 4.8 Pursuant to the Personal Data (Privacy) Ordinance, the applicant and his/her immediate family member(s) are entitled to request access to or correction of the personal data provided in the application form. Where necessary, such requests should be made in writing and directed by post to the Departmental Personal Data Controlling Officer of LandsD Headquarters on 21st Floor, North Point Government Offices, 333 Java Road, North Point, Hong Kong. A fee may be charged for the request for access to personal data. 6 5 Points to Note 5.1 Application for registration is on a voluntary basis. All required information is provided by the applicant and his/her immediate family member(s) voluntarily. 5.2 The applicant and his/her immediate family members aged 18 or above listed in the application form are held liable for the accuracy of their respective personal data provided in the application form, and so is the parent/guardian who signed on behalf of his/her immediate family member(s) aged under 18.