Ho Tung Gardens) Notice
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CB(1)1478/10-11(01) Subcommittee on Antiquities and Monuments (Declaration of Proposed Monument)(Ho Tung Gardens) Notice Response to Members’ request for information made at the meeting held on 23 February 2011 1. To provide information on the principles, criteria, factors of consideration, procedures and mechanism for determining the grading of historic buildings, and for declaring a place, a building site, or a structure as a proposed monument. Determining grading of historic buildings The grading of historic buildings is an administrative mechanism to provide an objective basis for determining the heritage value and preservation need of individual historic buildings. Historic buildings meeting the following thresholds are given either a Grade 1, Grade 2 or Grade 3 status by the Antiquities Advisory Board1 (AAB): (a) Grade 1 status refers to buildings of outstanding merit, which every effort should be made to preserve if possible. (b) Grade 2 status refers to buildings of special merit; efforts should be made to selectively preserve. (c) Grade 3 status refers to buildings of some merit; preservation in some form would be desirable and alternative means could be considered if preservation is not practicable. 2. In 2002-2004, the Antiquities and Monuments Office (AMO) carried out an in-depth survey of 1 444 buildings2 with higher heritage value. As recommended by the AAB in December 2004, an expert panel comprising historians as well as members of the Hong Kong Institute of Architects, the Hong Kong Institute of Planners and the Hong Kong Institution of Engineers was formed to assess the heritage value of these buildings based on the findings of the in-depth survey and the assessment approach endorsed by the AAB. 1 The AAB is an independent statutory body established under section 17 of the Antiquities and Monuments Ordinance (Cap. 53) to advise the Antiquities Authority any matters relating to antiquities, proposed monuments or monuments or referred to it for consultation under section 2A(1), section 3(1) or section 6(4) of the Ordinance. 2 These 1 444 buildings were selected from some 8 800 buildings in Hong Kong built mainly before 1950, which were covered in a territory-wide survey conducted by the AMO in 1996 to 2000. 2 3. Under the endorsed assessment approach, each building was first assessed individually against six criteria, namely historical interest, architectural merit, group value, social value and local interest, authenticity and rarity. This assessment was then refined based on a comparison with other buildings having regard to the following three parameters – (a) historical - illustrating a particular historical development with a specific theme; (b) typological - being the key exemplars of particular building types and architectural styles; and (c) contextual - building group able to reflect the development of a settlement/cluster, and its social, cultural and economic lives. 4. The expert panel completed the assessment of the 1 444 historic buildings in February 2009, with a proposed grading (Grade 1, Grade 2, Grade 3 or nil grade) being assigned to each building. Following consideration by the AAB in March 2009, the AMO conducted a public consultation exercise from March to September 2009 on the proposed gradings. The AMO also wrote to the owners of these buildings to invite their views on the proposed gradings. The expert panel subsequently reviewed the proposed gradings, taking account of the views and additional information received from members of the public and the owners, and made adjustments as necessary. The expert panel’s recommended gradings were then submitted to the AAB for consideration and confirmation. Apart from the 1 444 buildings, there were also suggestions for additional buildings to be graded. These suggestions are considered by the expert panel and the AAB in accordance with the same approach outlined in paragraph 3 above. As at the end of January 2011, the AAB has confirmed the gradings of more than 1 100 historic buildings. 5. The prevailing selection principles in identifying historic buildings in Hong Kong and the methodology for evaluating their heritage value are derived having regard to well-recognised principles and practices adopted in other places (such as Canada, UK, Australia and China), international documents on heritage conservation (including the International Charter for the Conservation and Restoration of Monuments and Sites (commonly referred to as the Venice Charter), the Australia ICOMOS Charter for the Conservation of Places of Cultural Significance (commonly referred to as the Burra Charter) and the Principles for the 3 Conservation of Heritage Sites in China (China ICOMOS)) as well as our local circumstances. Declaration of monuments and proposed monuments 6. Under Section 3 of the Antiquities and Monuments Ordinance (Cap. 53)(the Ordinance), the Antiquities Authority (i.e. the Secretary for Development) may, after consultation with the AAB and with the approval of the Chief Executive, declare a place, building, site or structure, which the Authority considers to be of public interest by reason of its historical significance, to be a monument by notice in the Gazette. Prior consultation with the owner will be made. 7. In November 2008, the AAB endorsed the establishment of a formal relationship between the statutory monument declaration system and the administrative grading system for historic buildings of the AAB. 8. Under the endorsed arrangements, the list of Grade 1 buildings, defined as “buildings of outstanding merit, which every effort should be made to preserve if possible”, will be regarded as a pool of highly valuable heritage buildings for consideration by the Antiquities Authority as to whether some of these may have reached the “high threshold” of monuments to be put under statutory protection. However, such a linkage would not oblige the Antiquities Authority to declare all Grade 1 buildings as monuments. 9. The Antiquities Authority is committed to actively considering each and every of the Grade 1 buildings for possible monument declaration. Given the resources required, the Authority will naturally have to prioritise the list of Grade 1 buildings for consideration, based on such factors as the buildings’ heritage significance, demolition risks, the owners’ and the public’s aspirations, etc. 10. The Antiquities Authority may take action to declare a building as a proposed monument under section 2A(1) of the Ordinance if the building needs immediate statutory protection (e.g. if the building is under threat of demolition or alteration/ renovation works are proposed to be carried out which may affect the heritage value of the building). 11. Under section 2A(1) of the Ordinance, the Antiquities Authority may, after consultation with the AAB and by notice in the Gazette, declare a place, building, site or structure to be a proposed monument. The declaration has effect for 12 months from the date of gazettal and it cannot be extended beyond the 12-month period for privately-owned 4 properties. 12. Under section 6(1) of the Ordinance, except in accordance with a permit granted by the Antiquities Authority, no person shall – (a) excavate, carry on building or other works, plant or fell trees or deposit earth or refuse on or in a proposed monument; or (b) demolish, remove, obstruct, deface or interfere with a proposed monument. 13. Hence, the declaration of a historic site or building as a proposed monument will effectively protect the site or building from damage within the specified period, during which the Antiquities Authority could consider in a more comprehensive manner whether the site or building should be declared as a monument and the Administration and the owner could continue discussion on feasible preservation options. 2. To provide information on the principles, criteria and the mechanism for determining the form and amount of compensation and the economic incentives to be provided to the owners of proposed monuments and graded historic buildings. Compensation to owners of proposed monuments 14. Section 8 of the Ordinance stipulates a mechanism for the Antiquities Authority to pay compensation to the owner of a proposed monument in respect of financial loss suffered or likely to be suffered by him by reason of – (a) the exercise by the Antiquities Authority, or by a designated person authorized by him, of the powers specified in section 5(1) of the Ordinance3; and (b) refusal by the Antiquities Authority to grant a permit for carrying out building, demolition or other works or actions at 3 Section 5(1) of the Ordinance provides – “Subject to this section, the Authority, and any designated person authorized by him in writing, may, for the purposes of this Ordinance, at all reasonable times- (a) enter and inspect any proposed monument or monument; (b) with the prior approval of the Chief Executive- (i) fence, repair, maintain, preserve or restore any proposed monument or monument; (ii) excavate or search for relics in any proposed monument or monument and remove any relics hitherto undiscovered.” 5 the proposed monument as provided in section 6(1) of the Ordinance. 15. The amount of compensation may be agreed between the owner and the Antiquities Authority on a case-by-case basis having regard to the specific circumstances of each case. In default of such an agreement, the owner may apply to the District Court to assess the amount of compensation payable under section 8 of the Ordinance. The District Court may award to the applicant such compensation as it thinks reasonable in the circumstances. Economic incentives for owners to preserve privately-owned historic buildings 16. Under the new heritage conservation policy announced by the Chief Executive in October 2007, the Administration acknowledges the need to provide suitable economic incentives to encourage private owners to preserve historic buildings in their ownership. We have informed the owners of the 1444 historic buildings of all forms of assistance available to encourage preservation, including discussing with them appropriate forms of economic incentives if the case so requires.