LEGISLATIVE COUNCIL ─ 11 May 2011 10073 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 11 May 2011 The Council met at Eleven o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE JASPER TSANG YOK-SING, G.B.S., J.P. THE HONOURABLE ALBERT HO CHUN-YAN IR DR THE HONOURABLE RAYMOND HO CHUNG-TAI, S.B.S., S.B.ST.J., J.P. DR THE HONOURABLE DAVID LI KWOK-PO, G.B.M., G.B.S., J.P. THE HONOURABLE FRED LI WAH-MING, S.B.S., J.P. DR THE HONOURABLE MARGARET NG THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE CHEUNG MAN-KWONG THE HONOURABLE CHAN KAM-LAM, S.B.S., J.P. THE HONOURABLE MRS SOPHIE LEUNG LAU YAU-FUN, G.B.S., J.P. THE HONOURABLE LEUNG YIU-CHUNG DR THE HONOURABLE PHILIP WONG YU-HONG, G.B.S. THE HONOURABLE WONG YUNG-KAN, S.B.S., J.P. 10074 LEGISLATIVE COUNCIL ─ 11 May 2011 THE HONOURABLE LAU KONG-WAH, J.P. THE HONOURABLE LAU WONG-FAT, G.B.M., G.B.S., J.P. THE HONOURABLE MIRIAM LAU KIN-YEE, G.B.S., J.P. THE HONOURABLE EMILY LAU WAI-HING, J.P. THE HONOURABLE ANDREW CHENG KAR-FOO THE HONOURABLE TAM YIU-CHUNG, G.B.S., J.P. THE HONOURABLE LI FUNG-YING, S.B.S., J.P. THE HONOURABLE TOMMY CHEUNG YU-YAN, S.B.S., J.P. THE HONOURABLE FREDERICK FUNG KIN-KEE, S.B.S., J.P. THE HONOURABLE AUDREY EU YUET-MEE, S.C., J.P. THE HONOURABLE VINCENT FANG KANG, S.B.S., J.P. THE HONOURABLE WONG KWOK-HING, M.H. THE HONOURABLE LEE WING-TAT DR THE HONOURABLE JOSEPH LEE KOK-LONG, S.B.S., J.P. THE HONOURABLE JEFFREY LAM KIN-FUNG, S.B.S., J.P. THE HONOURABLE ANDREW LEUNG KWAN-YUEN, G.B.S., J.P. THE HONOURABLE CHEUNG HOK-MING, G.B.S., J.P. THE HONOURABLE WONG TING-KWONG, B.B.S., J.P. THE HONOURABLE RONNY TONG KA-WAH, S.C. LEGISLATIVE COUNCIL ─ 11 May 2011 10075 THE HONOURABLE CHIM PUI-CHUNG PROF THE HONOURABLE PATRICK LAU SAU-SHING, S.B.S., J.P. THE HONOURABLE KAM NAI-WAI, M.H. THE HONOURABLE CYD HO SAU-LAN THE HONOURABLE STARRY LEE WAI-KING, J.P. DR THE HONOURABLE LAM TAI-FAI, B.B.S., J.P. THE HONOURABLE CHAN HAK-KAN THE HONOURABLE PAUL CHAN MO-PO, M.H., J.P. THE HONOURABLE CHAN KIN-POR, J.P. DR THE HONOURABLE PRISCILLA LEUNG MEI-FUN DR THE HONOURABLE LEUNG KA-LAU THE HONOURABLE CHEUNG KWOK-CHE THE HONOURABLE WONG SING-CHI THE HONOURABLE WONG KWOK-KIN, B.B.S. THE HONOURABLE IP WAI-MING, M.H. THE HONOURABLE IP KWOK-HIM, G.B.S., J.P. THE HONOURABLE MRS REGINA IP LAU SUK-YEE, G.B.S., J.P. DR THE HONOURABLE PAN PEY-CHYOU THE HONOURABLE PAUL TSE WAI-CHUN 10076 LEGISLATIVE COUNCIL ─ 11 May 2011 DR THE HONOURABLE SAMSON TAM WAI-HO, J.P. THE HONOURABLE ALAN LEONG KAH-KIT, S.C. THE HONOURABLE LEUNG KWOK-HUNG THE HONOURABLE TANYA CHAN THE HONOURABLE ALBERT CHAN WAI-YIP THE HONOURABLE WONG YUK-MAN MEMBERS ABSENT: THE HONOURABLE LEE CHEUK-YAN THE HONOURABLE TIMOTHY FOK TSUN-TING, G.B.S., J.P. THE HONOURABLE ABRAHAM SHEK LAI-HIM, S.B.S., J.P. PUBLIC OFFICERS ATTENDING: THE HONOURABLE JOHN TSANG CHUN-WAH, G.B.M., J.P. THE FINANCIAL SECRETARY THE HONOURABLE AMBROSE LEE SIU-KWONG, G.B.S., I.D.S.M., J.P. SECRETARY FOR SECURITY PROF GABRIEL MATTHEW LEUNG, J.P. SECRETARY FOR FOOD AND HEALTH THE HONOURABLE MATTHEW CHEUNG KIN-CHUNG, G.B.S., J.P. SECRETARY FOR LABOUR AND WELFARE PROF THE HONOURABLE K C CHAN, S.B.S., J.P. SECRETARY FOR FINANCIAL SERVICES AND THE TREASURY LEGISLATIVE COUNCIL ─ 11 May 2011 10077 THE HONOURABLE MRS CARRIE LAM CHENG YUET-NGOR, G.B.S., J.P. SECRETARY FOR DEVELOPMENT MR GREGORY SO KAM-LEUNG, J.P. SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT MR LAI TUNG-KWOK, S.B.S., I.D.S.M., J.P. UNDER SECRETARY FOR SECURITY CLERKS IN ATTENDANCE: MS PAULINE NG MAN-WAH, SECRETARY GENERAL MISS ODELIA LEUNG HING-YEE, ASSISTANT SECRETARY GENERAL MRS JUSTINA LAM CHENG BO-LING, ASSISTANT SECRETARY GENERAL MRS PERCY MA, ASSISTANT SECRETARY GENERAL 10078 LEGISLATIVE COUNCIL ─ 11 May 2011 TABLING OF PAPERS The following papers were laid on the table under Rule 21(2) of the Rules of Procedure: Subsidiary Legislation/Instrument L.N. No. Tramway Ordinance (Alteration of Fares) (Amendment) Notice 2011............................................................ 63/2011 Other Paper Report No. 21/10-11 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments ORAL ANSWERS TO QUESTIONS PRESIDENT (in Cantonese): Questions. First question. Private Property Developments Taking up "Residual Plot Ratio" 1. MR ALBERT CHAN (in Cantonese): President, it has been reported that recently some developers have planned to take up the "residual plot ratio" of private property developments to construct high-density buildings in the vicinity of some large housing estates, such as Mei Foo Sun Chuen and Riviera Gardens in Tsuen Wan, which seriously affects the living environment of the residents of the housing estates. In this connection, will the Government inform this Council: (a) regarding the applications by developers of construction plans to take up the residual plot ratio of private property developments in the past 10 years, of the respective locations, heights and floor areas of the buildings, and the time when such applications were submitted to and accepted or rejected by the authorities (set out in table form); LEGISLATIVE COUNCIL ─ 11 May 2011 10079 (b) whether the authorities will consider requiring developers to submit afresh applications in respect of construction plans approved years ago to take up the residual plot ratio of private property developments but the construction had not commenced (for example, within 10 years), so as to facilitate the authorities in reviewing afresh whether such applications meet the existing planning standards; if they will, of the details; if not, the reasons for that; and (c) whether the authorities will consider the options of land exchange with the developers (for example, using vacant government premises or sites on the Application List) and allowing developers to convert the land use of their agricultural land reserve, in exchange for the land on which those highly controversial property developments are located, so as to settle the disputes among the developers and the residents; if they will, of the details; if not, the reasons for that? SECRETARY FOR DEVELOPMENT (in Cantonese): President, land development has often been a sensitive issue in Hong Kong involving substantive interests. Such issue has to be handled very carefully. In recent years, in response to concerns of the public over development density and aspirations for a quality living environment, the Administration has formulated new policy measures as well as re-examined some government development projects. However, when carrying out such work or when handling public requests regarding individual projects, the Government must respect private property rights and uphold the rule of law as well as fairly process all development projects in strict accordance with the legislation and established policies. For a private development project which complies with the land lease and statutory requirements, the Government, without sufficient justifications, should not make any recommendations to stop the project. Some members of the public have recently raised concerns over the land use and development rights of individual lots. The major cause is believed to have originated from the queries raised by the residents of Phase 8 of Mei Foo Sun Chuen over a development project at a site of a former liquefied petroleum gas storage near their housing estate. On this subject, representatives of the Development Bureau and departments have held a number of case conferences with Members of the Legislative Council, attended meetings of a working group 10080 LEGISLATIVE COUNCIL ─ 11 May 2011 established under the Sham Shui Po District Council on this issue several times, and met with the representatives of residents of Phase 8 of Mei Foo Sun Chuen to respond to the residents' queries. To enhance the understanding of the relevant parties on the issue, we have consolidated the relevant information and have issued a document last week to explain in detail the development background of the concerned lots as well as the Administration's policy considerations and justifications. Members who have participated in the Legislative Council case conferences should have received this information document. I am mindful that while the question raised by Mr Albert CHAN today might have originated from the case of Phase 8 of Mei Foo Sun Chuen, the content it touches on is generalized. This is conducive to my replying and following up the supplementary questions, as the developer and residents involved in this case are separately taking legal actions and the Government should not make too many comments. My reply to the three-part question is as follows: (a) Any land development project undertaken in Hong Kong is controlled by the Town Planning Ordinance (Cap. 131) and Buildings Ordinance (Cap. 123), and must comply with the lease requirements of the lot to be developed. In approving a proposed development project, the relevant authority will mainly consider the project from planning, building as well as land lease aspects. Comments from other departments will also be suitably adopted. If a development project fully satisfies the relevant requirements of the land lease, Outline Zoning Plan (OZP) as well as Buildings Ordinance and its subsidiary legislation, the relevant authority will have to grant its approval in accordance with the established procedures.