(Translation)
Minutes of the 23rd Meeting of the 4th Wan Chai District Council
Hong Kong Special Administrative Region
Date: 7 July 2015 (Tuesday) Time: 2:30 p.m. Venue: District Council Conference Room, Wan Chai District Office,
21/F Southorn Centre, 130 Hennessy Road, Wan Chai, H.K.
Present Chairperson
Mr SUEN Kai-cheong, SBS, MH, JP
Vice-Chairperson
Mr Stephen NG, BBS, MH, JP
Members
Ms Pamela PECK Ms Yolanda NG, MH Ms Kenny LEE Ms Peggy LEE Mr Ivan WONG, MH Mr David WONG Mr CHENG Ki-kin Dr Anna TANG, BBS, MH Ms Jacqueline CHUNG Dr Jeffrey PONG
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Representatives of Core Government Departments
Ms Angela LUK, JP Ms Renie LAI
District Officer (Wan Chai), Home Affairs Department Assistant District Officer (Wan Chai), Home Affairs Department
- Ms Daphne CHAN
- Senior Liaison Officer (Community Affairs), Home Affairs
Department
- Mr CHAN Chung-chi
- District Environmental Hygiene Superintendent (Wan Chai),
Food and Environmental Hygiene Department District Commander (Wan Chai), Hong Kong Police Force Police Community Relation Officer (Wan Chai District), Hong Kong Police Force
Mr Nelson CHENG Ms Dorothy NIEH
Mr FUNG Ching-kwong Assistant District Social Welfare Officer (Eastern/Wan Chai)1,
Social Welfare Department
Mr Nelson CHAN Mr Franklin TSE
Chief Transport Officer/Hong Kong, Transport Department Senior Engineer 5 (HK Island Div 2), Civil Engineering and Development Department
- Mr Simon LIU
- Chief Leisure Manager (Hong Kong East), Leisure and
Cultural Services Department
Ms Brenda YEUNG
Mr Vincent PANG
District Leisure Manager (Wan Chai), Leisure and Cultural Services Department District Lands Officer (Hong Kong East), Lands Department
Representatives of Other Government Departments and Organisations
Ms Bernadette LINN, JP Mr Jim LAM
Director of Lands Senior Estate Surveyor (Technical Information), Lands Department
for agenda item 1
- Mr Alex KWOK
- Senior Estate Surveyor/Land Control & Lease
Enforcement (District Lands Office/Hong Kong East, West & South), Lands Department
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Mr LAI Man-hin, FSDSM Mr TONG Chung-wai
Director of Fire Services Divisional Commander (Hong Kong Central), Fire Services Department
for agenda item 2
Mr CHEUNG Tsee-tuck Mr Eric LO
Assistant Chief Ambulance Officer (Hong Kong), Fire Services Department Divisional Officer (Management Group)2, Fire Services Department
- Ms April KUN
- Acting Chief Town Planner (Studies and Research),
Planning Department
- Mr Patrick FUNG
- Acting Senior Town Planner (Studies and Research 5),
Planning Department
for agenda item 4
Dr Eunice MAK Ms Pearl HUI
Deputy Project Director, AECOM Asia Co. Ltd Project Manager, AECOM Asia Co. Ltd Senior Town Planner, AECOM Asia Co. Ltd Public Engagement Specialist, Kadoorie Institute Public Engagement Coordinator, Kadoorie Institute
Mr Kenny CHAN Ms Joyce CHOW Ms Carol LEE
Mr Jonathan LEUNG Ms Yanny LI
Chief Engineer (Railway Development 1-2), Railway Development Office, Highways Department Acting Senior Engineer (SCL 6), Railway Development Office, Highways Department Senior Engineer (Priority Railway 3), Transport Department
Mr Johnny CHAN
for agenda item 5
Mr Walter LAM Mr T. C. LAM Mr Kelvin WU Ms Sandy WU Dr Victor WONG Ms Joyce WONG
Construction Manager (SCL Civil), MTRCL Construction Manager (SCL Civil), MTRCL Senior Liaison Engineer, MTRCL Projects Communications Manager, MTRCL Arup Hong Kong Ltd Arup Hong Kong Ltd
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Ms Leonie LEE Mr Ryan CHU
Assistant Secretary (Heritage Conservation)3, Development Bureau Engineer (Heritage Conservation)Special Duties, Development Bureau
for agenda item 6
Mr Tony CHEUNG Mr Thomas Jefferson WU Mr Chris LI
Senior Engineer (Wan Chai), Transport Department Managing Director, Hopewell Holdings Limited General Manager, Hopewell Project Development Limited
Mr Philip LIAO Mr Peter MAK
Partner, Philip Liao and Partners Ltd Director, WMKY Limited
Absent with Apologies
Mr David LAI
Secretary
- Mr Vincent CHUK
- Senior Executive Officer (District Council)/Wan
Chai, Home Affairs Department
Action
Opening Remarks
- 1.
- The Chairperson welcomed Ms Bernadette LINN, JP, Director of
Lands, Mr Jim LAM, Senior Estate Surveyor (Technical Information), Mr Vincent PANG, District Lands Officer (Hong Kong East) and Mr Alex KWOK, Senior Estate Surveyor/Land Control & Lease Enforcement (District Lands Office/Hong Kong East, West & South) of the Lands Department (LandsD), to the meeting. The Chairperson, on behalf of the Wan Chai District Council (WCDC), extended welcome to Mr Nelson CHENG, District Commander (Wan Chai) of the Hong Kong Police Force, who attended the meeting for the first time; Mr Franklin TSE, Senior Engineer 5 (HK Island Div 2) of the Civil Engineering and Development Department (CEDD), who replaced Mr Samson LAM; and
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Action
Mr FUNG Ching-kwong, Assistant District Social Welfare Officer (Eastern/Wan Chai)1 of the Social Welfare Department (SWD), who replaced Mr NGAN Man-por. The Chairperson congratulated Mr Stephen NG and Mr David WONG for being awarded Bronze Bauhinia Star and Chief Executive’s Commendation for Community Service respectively.
(Mr CHENG Ki-kin joined the meeting at 2:35 p.m.)
- 2.
- The Chairperson asked Members to note the papers on the
conference table and the suggested discussion time. He reminded them that a maximum of three minutes were allowed for each Member to speak in respect of each agenda item.
Meeting with Head of Department
Item 1: Visit by Director of Lands
- 3.
- The Chairperson invited Ms Bernadette LINN, JP, Director of
Lands, to brief Members on the work of LandsD.
- 4.
- Ms Bernadette LINN, JP, with the aid of PowerPoint presentation,
briefed Members on the work of LandsD. The areas covered were land disposal, including sale of government land, private treaty grant, land lease modification and in-situ land exchange; granting of short term tenancies (STT); estate management, including land control actions and lease enforcement; land acquisition and clearance; and land survey and mapping.
(Dr Jeffrey PONG and Ms Pamela PECK joined the meeting at 2:47 p.m. and 2:55 p.m. respectively.)
- 5.
- The Chairperson thanked Ms Bernadette LINN, JP for introducing
concisely and clearly the work of LandsD. He then invited Members to express their views.
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Action
- 6.
- Ms Peggy LEE raised the following comments and enquiries:
- (i)
- The problem of skips had been an issue of concern for local
residents. There were cases where LandsD had removed the skips or instituted prosecution, but the construction waste in the skips was then left on the ground, causing environmental hygiene problems. To address these cases, she enquired whether a warning notice could be posted again during an inspection by staff of LandsD to remind the party concerned that enforcement action would be taken if the waste was not cleared. She suggested that communication between departments should be strengthened; otherwise only LandsD would take enforcement action, with no other departments to follow up the problems left after the enforcement action, leaving the problems to remain unresolved.
- (ii)
- Illegal display of banners had been a serious problem in Wan
Chai District. Unauthorised banners such as commercial advertising banners, publicity banners from various organisations or political banners were commonly seen on footbridges and streets. She enquired if LandsD could step up enforcement to reduce the nuisance caused by unauthorised banners to local residents. .
- 7.
- Mr Stephen NG, BBS, MH, JP raised the following comments and
enquiries:
- (i)
- Various departments seemed to be unable to find a solution
to the problem of skips. He enquired whether a registration system could be implemented to require skips owner or manufacturers to be registered, with a view to facilitating any necessary enforcement actions in the future.
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Action
- (ii)
- He expressed concern over street sleepers’ occupation of
subways, public spaces and government land. Such problem was in particularly rampant in the subway opposite the Hong Kong Racing Museum. He enquired what actions could be taken to address the issue.
(iii) A large number of old buildings in Wan Chai was designated as “One European House” in the land leases. Upon redevelopment, developers had to bring their cases to court before they could redevelop the old buildings into multi-storey buildings. There were currently no clear standards for making applications for redevelopment.
(iv)
He opined that “Hong Kong Map Service” was a good idea
and suggested that more elements should be added to the website such as outline development plans.
- 8.
- Mr David WONG raised the following comments and enquiries:
- (i)
- Owing to the sophisticated division of duties among
departments, inter-departmental collaboration was often required in carrying out daily land control work. The Highways Department (HyD), the Food and Environmental Hygiene Department (FEHD) and the police might be involved. It was well known that long-term reliance on inter-departmental collaboration would bring about many limitations. Besides, the existing ordinances were enacted
- many years ago, which had limited coverage.
- He
suggested that LandsD should amend the relevant ordinances to tackle the difficulties in law enforcement.
- (ii)
- The development of the Caroline Hill Road site, where the
former headquarters of the Electrical and Mechanical Services Department was situated, had been under planning
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Action for almost a decade. He enquired if there was a concrete schedule or any preliminary development direction.
- 9.
- Ms Jacqueline CHUNG raised the following comments and
enquiries:
- (i)
- As regards the assessment of the Caroline Hill Road site,
there were many minibus stations or taxi stands occupying road surface in Wan Chai District, resulting in traffic congestion. She enquired if LandsD could consider setting up a transport interchange on Caroline Hill Road and utilise the area to relieve traffic congestion.
- (ii)
- A large number of street sleepers had been living in the
subways in Happy Valley. The District Officer (Wan Chai) (DO) and the District Lands Office concerned had paid great effort to clear the things placed in the subways by treating those things as illegal structures. However, the current situation had been worsening, with accumulation of things not as simple as illegal structures. Street sleepers placed household items such as mattresses and cupboards in the subways, turning the area into a home-like setting, which posed a threat to the safety of pedestrians and environmental hygiene. As government lands were managed by LandsD, she enquired about the laws which LandsD could invoke when working with WCDC to clear the things of street sleepers. Noting that LandsD was able to clear the tents outside the Legislative Council, she opined that it should actively consider how to clear the things of street sleepers, which were also movable items similar to the tents.
(iii) Noting that the Gloucester Road Refuse Collection Point had been operated on a temporary basis for a long time, she enquired if LandsD could consider changing the land use to
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Action flexibly utilise the site, so that the existing substandard temporary refuse collection point could be upgraded to a formal one.
- (iv)
- In the past, the land disposal of Tang Lung Street and
Thomson Road sites used to include roads. There were various lots under a sublease. The lots were currently purchased by a consortium and combined into a large lot. Take Tang Lung Street as an example, a traffic lane was fenced by the consortium. If the traffic lane on the other side was also purchased and fenced by any other consortium, the access of public vehicles and fire engines to the area might be affected.
- 10.
- Dr Jeffrey PONG raised the following comments and enquiries:
- (i)
- When dealing with district issues, it was common for Lands
Offices to collaborate with the Buildings Department (BD), the FEHD and the Transport Department (TD) to carry out joint frontline work. He enquired how the departments would coordinate the work. Such information would enable Members to know which department they should approach when dealing with district issues.
- (ii)
- The illegal display of banners in crowded places, residential
areas and subways was common. While this was unlawful occupation of government land, no improvement had been seen over the years. He enquired about the principles for carrying out an inspection, and asked whether an inspection was conducted after receiving a complaint or conducted regularly to high risk places.
(iii) Sometimes there were recycling vehicles occupying the area around Tai Hang Road and Happy Valley unlawfully. He
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Action enquired if such recycling vehicles were under the purview of LandsD, similar to the illegally parked bicycles occupying government land. He also enquired how LandsD would address such problem.
- (iv)
- The “Hong Kong Map Service” was a great service. He
enquired if a reporting mechanism could be established for the public to upload photos of unauthorised structures and illegal banners to the website for action of LandsD.
- 11.
- Dr Anna TANG, BBS, MH raised the following comments or
enquires:
- (i)
- Occupation of government land could be found in the
subway on Wong Nai Chung Road and the side area of the Southorn Playground. Various kinds of stuff were being placed there. Under the Land (Miscellaneous Provisions) Ordinance (Cap. 28), LandsD was required to post a prior notice not less than one day before the clearance of the occupied land or the demolition of illegal structures. She queried why LandsD allowed the occupiers to clear the stuff instead of taking enforcement action directly, given that the occupation was unlawful. She suggested that the Directors of Lands should consider amending the relevant ordinance, taking into account the environment and actual needs of Hong Kong.
- (ii)
- She enquired if LandsD would collaborate with other
departments in the land disposal for the construction of a filling station, so as to understand the impacts of the filling station on local residents, traffic as well as the environment.
- 12.
- Mr Ivan WONG, MH pointed out the historical problem of private
streets could be found in Wan Chai Mid-Levels. The ownership of roads
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Action was granted along with the land sites by the Government at that time, resulting in future problems of maintenance, traffic congestion as well as health and safety. However, the existing ordinances and procedures for the resumption of private streets were very complicated. He enquired how LandsD would learn from mistakes to improve the problems or help the owners troubled by the problem of private streets in the future.
- 13.
- Ms Yolanda NG, MH raised the following comments and enquiries:
- (i)
- In Wan Chai, there were dozens of complaints about
unauthorised structures, skips, banners, floor slabs and bamboo scaffolds every day. She hoped that LandsD would conduct a comprehensive review of the relevant policies, apart from stepping up law enforcement.
- (ii)
- It was a usual practice to submit applications for temporary
occupation of a pedestrian area for organising activities to LandsD. However, it was said that LandsD had issued an internal notice stating that the TD would take over the processing of such applications. LandsD did not inform District Councils (DCs) and district offices of such a change. She enquired about the considerations based on which LandsD revised the scope of duties, and asked if it had considered consulting DCs. .
(iii) Regarding the nine government sites open for tender, she agreed that there would be a certain degree of difficulty for non-profit-making organisations to operate the sites. She suggested that LandsD could consider a new practice, taking the initiative to open the sites for use as public spaces. The views she collected when she approached some of the members of the public in the occupation areas during the Occupation Movement reflected that some of them joined the Movement not to express their political
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Action views but to enjoy exchanging views with others in a public space. Therefore, she suggested that LandsD could consider opening some places for the public to gather for discussion.
- (iv)
- Concerning the problem of unlawful occupation of lands, she
pointed out that some commercial publicity vehicles and commercial activities on the streets seemed not to be subject to any regulatory control. There were six to seven commercial booths in the pedestrian areas in the district such as the areas around East Point Road and SOGO Department Store every weekend. These activities had been increasingly frequent, thus affecting formal applications by local organisations for venues. requested LandsD to face up to the problem.
She
- 14.
- Ms Bernadette LINN, JP made the following responses:
- (i)
- With regard to the problem of skips, a joint working group
comprising different policy bureaux had been set up to study the way forward for the management of skips. In view of the genuine needs of the industry concerned, the study areas of the working group included how to allow placing of skips in an orderly manner and the possibility of introducing a licensing scheme. The work of the working group was underway and a final decision had yet to be made.
- (ii)
- LandsD had dealt with many cases where the construction
materials in the skips were left on footpaths. If such cases caused immediate serious traffic blockage, the police and the HyD would deal with the cases within their ambit. If there was no imminent danger, the case would be handled by LandsD.
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Action
(iii) The Land (Miscellaneous Provisions) Ordinance (Cap. 28) was not the only tool for managing matters happened on streets and government land. There were other ordinances such as the Summary Offences Ordinance, which could be invoked to address street obstruction cases and institute prosecution. For hawking activities on government land, the FEHD might take enforcement action under the Public Health and Municipal Services Ordinance. The Land (Miscellaneous Provisions) Ordinance (Cap. 28) focused mainly on illegal structures on government land.
- (iv)
- As regards the division of work among departments, street
management work was coordinated via a platform set up by the Home Affairs Bureau (HAB). Generally, hawking activities on footpaths would be dealt with by the FEHD; cases involving structures would be dealt with by LandsD in accordance with the Lands (Miscellaneous Provisions)
- Ordinance (Cap. 28).
- In dealing with these cases,
departments had a good understanding of each other’s work. However, undoubtedly, there might be grey areas in individual cases, which would require close communication between the District Officer, the District Lands Officer and heads of other departments in the district. If a large scope of work was involved, the case would be dealt with via the platform of the HAB, with heads of departments taking charge of the case. Other individual cases would be handled through collaboration between staff within the district.