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Printed Matter Convictions under environmental legislation: October - December 2004 The EPD’s summary of conviction recorded and fines imposed during the period October to December 2004 is as follows: January 2005 20 pollution convictions in January 2005 Printed Matter Twenty convictions were recorded last month (January) for breaches of anti-pollution legislation enforced by the Environmental Protection Department. Fifteen of the convictions were under the Waste Disposal Ordinance, two under the Air Pollution Control Ordinance, two under the Noise Control Ordinance and one under the Water Pollution Control Ordinance. The heaviest fine in January was $20,000, assessed against a company that used powered mechanical equipment otherwise than in accordance with permit conditions. February 2005 Nine convictions were recorded last month (February) for breaches of anti-pollution legislation enforced by the Environmental Protection Department. Eight of the convictions were under the Air Pollution Control Ordinance and one under the Waste Disposal Ordinance. The heaviest fine in February was $6,500, assessed against a company that failed to comply with an air pollution abatement notice. March 2005 31 convictions were recorded last month (March) for breaches of anti-pollution legislation enforced by the Environmental Protection Department. Twelve of the convictions were under the Waste Disposal Ordinance, 11 under the Air Pollution Control Ordinance, five under the Noise Control Ordinance and three under the Water Pollution Control Ordinance. The heaviest fine in March was $25,000, assessed against a company that contravened the provisions of a licence. Printed on environmentally friendly paper. friendly Printed on environmentally red Kan & Co. F Suite 3104-07 Central Plaza 18 Harbour Road, Wanchai, Hong Kong Wanchai, 18 Harbour Road, PAGE 12 An Association of Asian Commercial Law Firms FRED KAN & CO. Solicitors & Notaries URBAN PLANNING AND ENVIRONMENTAL LAW QUQUARTERLYARTERLY (Published since May 1992) !"#$%&'() Beginning with this edition of the Quarterly, the West Kowloon Cultural District project replaces Hong Kong Disneyland as the subject of our mega-development column. The main article in this edition reviews the evolution of the WKCD project to date, and its key desired planning outcomes. In our next edition, we shall reflect on some of the main criticisms of the project. The Editors CONTENTS WEST KOWLOON Chief Secretary for Administration (Chairman) CULTURAL DISTRICT: Secretary for Housing, Planning and Lands HONG KONG’S (Deputy Chairman) FEATURE: Page PROPOSED ICON FOR Secretary for the Environment, Transport and CULTURE AND LEISURE Works Prior to April 2001, the government decided Secretary for Financial Services and the WEST KOWLOON CULTURAL to allocate a choice site on the northern shore Treasury DISTRICT: HONG KONG’S PROPOSED of Victoria Harbour for the creation of Secretary for Home Affairs ICON FOR CULTURE AND LEISURE .... 1 additional art, museum, cultural and recreational facilities in a concentrated cultural Secretary for Justice or her representative hub. This was the birth of the West Kowloon LEGISLATION DIGEST ........................ 3 Cultural District (WKCD) mega-project, Permanent Secretary for Planning and Lands which is a huge engineering, logistical and TOWN PLANNING ................................. 4 Commissioner for Tourism financial undertaking in anybody’s language. WEST KOWLOON CULTURAL Consequently, construction of the WKCD is Director of Architectural Services not expected to be finished until 31 December DISTRICT............................................... 5 2012. Director of Lands HONG KONG BRIEFING ...................... 6 A large site of 40 hectares has been allocated Director of Leisure and Cultural Services for the development. The site is part of the ADVISORY COUNCIL ON THE Director of Planning West Kowloon Reclamation Area and lies at ENVIRONMENT(ACE) ........................ 7 its southern tip, adjacent to the Western Habour Director of Territory Development REGIONAL & INTERNATIONAL ....... 8 entrance. The site is, of course, within what was once part of Victoria Harbour. Design competition PROSECUTION STATISTICS............. 12 The Housing, Planning and Lands Bureau was In April 2001, the government invited, in an appointed the lead government agency to open competition, the submission of oversee the development. It reports on conceptual plans to develop the site as an progress of the project to both Legco and the integrated arts, cultural and entertainment government’s Steering Committee for district. The competition was open to Development of the WKCD, which comprises: designers world-wide. The winning design APRIL 2005 URBAN PLANNING AND ENVIRONMENTAL LAW QUARTERLY entry was to form the basis for the master the well argued case put forward by Area and vehicular access/ingress and design and plan for WKCD in the actual Foster and Partners egress points directly abutting or linking development phase. to the Development Area; Invitation for proposals More than 160 entries were submitted. In (l) Drains, sewers, water mains and other February 2002 the design submitted by the In 2003 the government began the next stage utilities and connections; and internationally famous architectural firm, of creating the WKCD, which was to invite (m)Engineering works including possible Foster and Partners, was declared the winner. proposals (IFP) from developers to construct realignment of existing seawall, decking Four other designs received honourable and then manage (for 50 years) the WKCD. over tunnel portal of Western Harbour mentions. However, the Foster design Development and design parameters for the Tunnel, building over existing ventilation became the main, if not sole, basis of the IFP were substantially based on the Foster buildings of MTRCL and WHTCL, design and development criteria to apply to design. Thus, the WKCD will be essentially possible interfacing works with the the WKCD. a Foster and Partners designed project. construction of the Kowloon Southern At the time, the government described the The government has proposed granting a 50 Link of KCRC, necessary modification major components of the Foster design as year lease of the site to the successful or reprovisioning of salt water pumping including: “a cultural headland with an proponent, so the developer will operate the station of Water Supplies Department, assembly of performance venues and site, apart from utilities and other existing sewerage and drainage system, museums at the western end of the site, a components handed over to the government including the box culvert, seawater central retail and entertainment spine with a and privately owned parts of the project, for cooling systems, emergency vehicular collection of shops, restaurants and this period. Significantly the developer will access and other infrastructure and utility entertainment facilities, a commercial be permitted to develop and sell commercial provisions. gateway with tower blocks for office, hotel and residential components of the project. In and other commercial uses at the eastern end return, the developer will be required to plan, Mandatory design requirements for and provision of open space comprising a design, finance, construct and operate the WKCD podium park, landscaped terraces and a project. waterfront promenade.” In the IFP, the government mandated a In general terms, the IFP described the core number of design requirements. These In the light of the subsequent public agitation facilities of the WKCD as: include: caused by the Foster design, it is worth recording the competition jury’s published (a) The Canopy; (a) the provision of core arts and cultural reasons for choosing it ahead of the 160 plus facilities as follows:- (b) Core Arts and Cultural Facilities; other entries. Briefly, these were: a theatre complex comprising three (c) Other Arts and Cultural Facilities; singularity of image, offering coherent theatres with seating capacities of at visual authority and a [built] (d) Retail and entertainment facilities; least 2,000,800 and 400 seats, development which is progressive, well respectively suited for 21st century Hong Kong, and (e) Commercial and office developments; likely to be an icon a performance venue with a seating (f) Residential and hotel developments; capacity of at least 10,000 seats horizontality of the scheme across the (g) GIC Facilities including the site, which does not complete with the a museum cluster comprising four reprovisioning of the Tsim Sha Tsui Fire tall buildings behind museums of differing themes with Station Complex (some of the existing total net operating floor areas of at a multiplicity of public - space facilities may need to be reprovisioned least 75,000 square metres opportunities and scales outside the Development Area); an art exhibition center with net a substantial green space (h) Open space and landscaping works; operating floor area of at lease 10, 000 square metres logical and imaginative deployment of (i) Automated People Mover System (within programmatic elements, drawing people the Development Area and an optional a water amphitheatre through the commercial and extension outside the Development entertainment facilities to the arts and Area); at least four piazza areas cultural centre (j) Other transport infrastructure facilities (b) the provision of the canopy proposed in skilful integration with surrounding including the Pier within the the Foster design, covering at least 55% neighbourhoods
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