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Minutes Have Been Seen by the Administration) 立法會 Legislative Council LC Paper No. CB(1)890/19-20 (These minutes have been seen by the Administration) Ref : CB1/PL/DEV Panel on Development Minutes of meeting held on Tuesday, 28 April 2020, at 2:30 pm in Conference Room 1 of the Legislative Council Complex Members present : Hon Tony TSE Wai-chuen, BBS (Chairman) Hon LUK Chung-hung, JP (Deputy Chairman) Hon Abraham SHEK Lai-him, GBS, JP Hon Jeffrey LAM Kin-fung, GBS, JP Hon Starry LEE Wai-king, SBS, JP Hon CHAN Hak-kan, BBS, JP Dr Hon Priscilla LEUNG Mei-fun, SBS, JP Hon Paul TSE Wai-chun, JP Hon Mrs Regina IP LAU Suk-yee, GBS, JP Hon Michael TIEN Puk-sun, BBS, JP Hon Frankie YICK Chi-ming, SBS, JP Hon CHAN Chi-chuen Hon CHAN Han-pan, BBS, JP Hon LEUNG Che-cheung, SBS, MH, JP Hon Alice MAK Mei-kuen, BBS, JP Dr Hon Fernando CHEUNG Chiu-hung Dr Hon Helena WONG Pik-wan Ir Dr Hon LO Wai-kwok, SBS, MH, JP Hon Alvin YEUNG Hon Andrew WAN Siu-kin Hon CHU Hoi-dick Dr Hon Junius HO Kwan-yiu, JP Hon LAM Cheuk-ting Hon Holden CHOW Ho-ding Hon Wilson OR Chong-shing, MH Hon Tanya CHAN - 2 - Hon CHEUNG Kwok-kwan, JP Hon LAU Kwok-fan, MH Hon Kenneth LAU Ip-keung, BBS, MH, JP Dr Hon CHENG Chung-tai Hon Jeremy TAM Man-ho Hon Vincent CHENG Wing-shun, MH, JP Hon CHAN Hoi-yan Members attending : Hon HO Kai-ming Hon KWONG Chun-yu Member absent : Hon HUI Chi-fung Public officers : Agenda item III attending Mr Vincent MAK Shing-cheung, JP Deputy Secretary (Works)2 Development Bureau Mr Thomas CHAN Tak-yeung Principal Assistant Secretary (Works)3 Development Bureau Mr CHAN Chung-kun Assistant Director/New Territories Water Supplies Department Mr CHEUNG Yip-kui Chief Engineer/Technical Support Water Supplies Department Agenda item IV Mr Michael WONG Wai-lun, JP Secretary for Development Mr José YAM Ho-san Commissioner for Heritage Development Bureau - 3 - Mr Robin LEE Hong-nin Chief Assistant Secretary (Works)2 Development Bureau Ms Susanna SIU Lai-kuen Executive Secretary (Antiquities and Monuments) Antiquities and Monuments Office Mr Edward TSE Cheong-wo Project Director 3 Architectural Services Department Ms Jackie LEE Ka-lai Senior Project Manager 330 Architectural Services Department Mrs Doris FOK LEE Sheung-ling Assistant Director (Leisure Services)1 Leisure and Cultural Services Department Mr Ricky CHAN Wai-kit Senior Engineer/11 (E) Civil Engineering and Development Department Agenda item V Miss Cheryl CHOW Ho-kiu Principal Assistant Secretary (Planning and Lands)2 Development Bureau Mr Michael LEUNG Chung-lap, JP Project Manager (East) Civil Engineering and Development Department Mr Kelvin LEUNG Siu-kau Chief Engineer/East 2 Civil Engineering and Development Department Mr Stephen KWOK Chun-wai Senior Engineer/21(East) Civil Engineering and Development Department - 4 - Clerk in attendance : Ms Doris LO Chief Council Secretary (1)2 Staff in attendance : Miss Rita YUNG Senior Council Secretary (1)2 Mr Keith WONG Council Secretary (1)2 Ms Christina SHIU Legislative Assistant (1)2 Action I Information paper(s) issued since the last meeting (LC Paper No. CB(1)463/19-20(01) ― Administration's paper on shortlisted brownfield clusters for public housing development LC Paper No. CB(1)500/19-20(01) ― Administration's paper on progress report on funding scheme to support the use of vacant government sites by non-government organizations for the financial year 2019-20) Members noted that the above information papers had been issued since the meeting on 20 January 2020. II Items for discussion at the next meeting (LC Paper No. CB(1)514/19-20(01) ― List of outstanding items for discussion LC Paper No. CB(1)514/19-20(02) ― List of follow-up actions) 2. Members agreed that the next regular meeting would be scheduled for Tuesday, 26 May 2020, from 2:30 pm to 5:00 pm to discuss the following items proposed by the Administration: (a) Government's preparedness for increasing landslide risk due to climate change; - 5 - Action (b) Management of typhoon season flood risk; and (c) Standards for glass windows of buildings. III Proposed Member's Bill to amend the Waterworks Regulations (Cap. 102 sub. leg. A) (LC Paper No. CB(1)453/18-19(01) ― Letter dated 10 January 2019 from Hon Alice MAK on her proposed Member's Bill (Waterworks (Waterworks Regulations) (Amendment) Bill 2019) to amend the Waterworks Regulations (Cap. 102 sub. leg. A)) 3. At the invitation of the Chairman, Ms Alice MAK briefed members on the Waterworks (Waterworks Regulations) (Amendment) Bill 2019 ("the Bill") which she intended to introduce as a Member's Bill into the Legislative Council ("LegCo") to amend the Waterworks Regulations (Cap. 102 sub. leg. A) ("WWR") to prohibit a consumer from profiteering from the sale of water provided by the Water Authority from the waterworks. Details were set out in the LegCo Brief on the Bill which was appended to Ms MAK's letter dated 10 January 2019 (LC Paper No. CB(1)453/18-19(01)). Existing regulatory regime and enforcement against overcharging of water cost by sub-divided flat owners 4. Ms Alice MAK said that many tenants of sub-divided flats were overcharged by the flat owners for use of water. To address this problem, she proposed to amend the Waterworks Ordinance (Cap. 102) ("WWO") in 2018 to stipulate that any person who sells a supply to another person at a price exceeding the charges for water shall be guilty of an offence, but the Administration submitted that her proposed amendment to WWO was unnecessary as the existing Regulation 47 (Prohibition of sale of water) of WWR could serve the same purpose of prohibiting a consumer from making profits by selling or offering for sale water from the waterworks. In spite of the existing regulation, she noted with disappointment that no prosecution of relevant cases was instituted whilst the overcharging problem still prevailed. To make the relevant provision clearer in order to facilitate enforcement, she proposed to amend Regulation 47 of WWR to allow only the recovery of the - 6 - Action charges for water as stated in Regulation 46 of WWR. She called on members and the Administration to support her legislative proposal, and further urged the responsible government bureaux to expeditiously legislate for rent control and against overcharging of electricity tariffs as well, with a view to relieving the hardship of the tenants of sub-divided flats. 5. The Deputy Chairman, Mr Andrew WAN, Mr LAM Cheuk-ting, Mr LAU Kwok-fan, Dr Helena WONG and Mr LEUNG Che-cheung expressed similar concerns about the overcharging of water cost and electricity tariffs by sub-divided flat owners, and the lack of enforcement action under Regulation 47 of WWR by the Administration. The Deputy Chairman pointed out that pursuant to Regulation 47 of WWR, the recovery of the cost of water, including water charge and maintenance cost of the inside service, was allowed, hence leaving room for some sub-divided flat owners to maneuver the cost of water to be charged from their tenants. 6. Deputy Secretary (Works)2, Development Bureau ("DS(W)2/DEVB") indicated that the Administration was open to Ms Alice MAK's proposed amendment to Regulation 47 of WWR. The Administration considered that the proposed amendment would not cause much difficulty operationally, yet, it might be worth considering whether more detailed provisions should be included, such as restricting how the sub-divided flat owners should recover the water charges from the tenants. 7. On the existing enforcement actions, Assistant Director/New Territories, Water Supplies Department, said that the Water Supplies Department ("WSD") had adopted a proactive approach to address the issue of overcharging of water cost at sub-divided flats. Apart from liaising with organizations that might know such cases for referral and conducting investigation into referral cases, WSD also conducted inspections at buildings with sub-divided flats. However, as most tenants of sub-divided flats were unwilling to report such cases or provide evidence, WSD only received very few referral or reported cases and no prosecution on overcharging of water cost could be instituted after investigation so far. Nevertheless, WSD would continue with the above actions. 8. Mrs Regina IP suggested raising the penalty level (currently a fine at level 3, i.e. $10,000) for offences against Regulation 47 of WWR for greater deterrent effect. DS(W)2/DEVB responded that a holistic review of WWO and WWR was currently underway. The Administration would consider the need for revising the penalty level for relevant offences under WWO and WWR. - 7 - Action Installation of separate water meters for sub-divided flats 9. Mr LAU Kwok-fan, Dr Helena WONG and Mr CHAN Han-pan called on the Administration to facilitate the installation of separate water meters for individual sub-divided flats to avoid overcharging by the flat owners, and that the progressively increasing tariff structure of water charges could be applicable to individual sub-divided flats. 10. DS(W)2/DEVB indicated that the landlords or the tenants of premises (including sub-divided flats) were allowed to apply for installation of separate water meters. WSD would approve their applications provided that their premises could fulfill the requirements stipulated by WSD. In response to the difficulties frequently encountered by the tenants of sub-divided flats when applying for separate water meters, WSD had relaxed the existing relevant requirements for making such applications. Upon installation of a separate water meter for a sub-divided flat, the first 12 cubic metres of fresh water used by the tenant in each of the four-month billing cycle would be free of charge.
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