The minutes were confirmed on 13 February 2018 without amendment.

Minutes of the 6th Meeting of District Council in 2017

Date : 22 December 2017 (Friday)

Time : 9:30 a.m. – 1:45 p.m.

Venue : Conference Room, Council, 13/F., Yuen Long Government Offices, 2 Kiu Lok Square, Yuen Long

Present Time of Arrival Time of Withdrawal Chairman: Mr SHUM Ho-kit (Beginning of the meeting) (End of the meeting) Vice-chairman: Mr WONG Wai-shun, MH (Beginning of the meeting) (End of the meeting) Members: Mr CHAM Ka-hung Daniel, (Beginning of the meeting) (End of the meeting) BBS, MH, JP Ms CHAN Mei-lin (Beginning of the meeting) (1:15 p.m.) Mr CHAN Sze-ching (Beginning of the meeting) (End of the meeting) Mr CHEUNG Muk-lam (Beginning of the meeting) (End of the meeting) Mr CHING Chan-ming (Beginning of the meeting) (End of the meeting) Ms CHIU Sau-han, MH (Beginning of the meeting) (End of the meeting) Mr CHOW Wing-kan (Beginning of the meeting) (End of the meeting) Mr KWOK Hing-ping (Beginning of the meeting) (1:00 p.m.) Mr KWOK Keung, MH (Beginning of the meeting) (End of the meeting) The Hon KWONG Chun-yu (9:50 a.m.) (1:05 p.m.) Mr LAI Wai-hung (Beginning of the meeting) (End of the meeting) Ms LAU Kwai-yung (Beginning of the meeting) (End of the meeting) Mr LEE Yuet-man, MH (Beginning of the meeting) (End of the meeting) The Hon LEUNG Che-cheung, (Beginning of the meeting) (12:00 noon) SBS, MH, JP Mr LEUNG Fuk-yuen (Beginning of the meeting) (End of the meeting) Mr LEUNG Ming-kin (Beginning of the meeting) (End of the meeting) The Hon LUK Chung-hung (Beginning of the meeting) (12:30 p.m.) Ms MA Shuk-yin (Beginning of the meeting) (End of the meeting) Mr MAK Ip-sing (Beginning of the meeting) (End of the meeting) Mr MAN Kwong-ming (Beginning of the meeting) (11:50 a.m.) Mr MAN Ping-nam, MH (Beginning of the meeting) (12:00 noon) Mr SIU Long-ming (Beginning of the meeting) (12:00 noon) Mr TANG Cheuk-him (Beginning of the meeting) (12:35 p.m.) Mr TANG Cheuk-yin (Beginning of the meeting) (End of the meeting) Mr TANG Hing-ip, BBS (Beginning of the meeting) (End of the meeting) Mr TANG Ho-nin (Beginning of the meeting) (1:00 p.m.) Mr TANG Ka-leung (Beginning of the meeting) (End of the meeting) Mr TANG Lai-tung (Beginning of the meeting) (11:30 a.m.) Mr TANG Sui-man (Beginning of the meeting) (12:05 p.m.) Mr TO Ka-lun (Beginning of the meeting) (End of the meeting) Mr TSANG Shu-wo (Beginning of the meeting) (End of the meeting) Mr WONG Cheuk-kin (Beginning of the meeting) (1:30 p.m.)

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Ms WONG Wai-ling (Beginning of the meeting) (End of the meeting) Mr YIU Kwok-wai (Beginning of the meeting) (End of the meeting) Mr YOUNG Ka-on (Beginning of the meeting) (End of the meeting) Ms YUEN Man-yee (Beginning of the meeting) (End of the meeting)

Secretary: Mr KONG Kwok-piu, Bill Senior Executive Officer (District Council), Yuen Long District Office Assistant Secretary: Ms WONG Man-ting, Mandy Executive Officer I (District Council), Yuen Long District Office

In attendance Mr YUEN Ka-lok, Enoch, JP District Officer (Yuen Long) Mr NG Lak-sun, Nixon Assistant District Officer (Yuen Long) 1 Miss MAK Ka-ying, Carren Assistant District Officer (Yuen Long) 2 Mr CHAN Hon-kwan, Harris Senior Liaison Officer (Rural), Yuen Long District Office Miss CHEUNG Lai-wa, Senior Liaison Officer (Town), Michelle Yuen Long District Office Mr LAU Wing-kam Chief Engineer/ West 1 (New Territories West), Civil Engineering and Development Department Mr KWONG Ying-wai Chief School Development Officer (Yuen Long), Education Bureau Mr CHEUNG Pui-chung District Environmental Hygiene Superintendent (Yuen Long), Food and Environmental Hygiene Department Mr LEE Wai-man District Commander (Yuen Long), Police Force Mr LEE Pak-ho Police Community Relations Officer (Yuen Long District), Hong Kong Police Force Ms JIM Yuk-kuen Chief Manager/Management (Tuen Mun and Yuen Long), Housing Department Ms CHAN Suet-ching, Angela District Lands Officer (District Lands Office, Yuen Long), Lands Department Mr NG Ping-tong, Gordon Administrative Assistant/Lands (District Lands Office, Yuen Long), Lands Department Ms LUNG Lai-seung, Wendy District Leisure Manager (Yuen Long), Leisure and Cultural Services Department Mr LAM Chi-man, David District Planning Officer/Tuen Mun & Yuen Long West, Planning Department Ms CHU Wing-yin, Diana District Social Welfare Officer (Yuen Long), Social Welfare Department Mr HUE Ka-yiu, Daniel Chief Transport Officer (New Territories North West), Transport Department

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Item 2 Ms CHIN Man-yi, Maggie District Planning Officer/Fanling, Sheung Shui & Yuen Long East, Planning Department Ms WONG Cho-wa, Ivy Senior Town Planner/Yuen Long East 2, Planning Department Ms LEE Sin-yee, Cindy Senior Planning Officer 1, Housing Department Mr CHEUNG Ka-leung, Tony Chief Engineer/New Territories West 3, Civil Engineering and Development Department Miss CHEUNG Wai-chung Senior Engineer/4, Civil Engineering and Development Department

Item 3 Mr POON Yui-chau, William Assistant Secretary (Building)3, Development Bureau Ms CHU Yuen-man, Lisa Chief Building Surveyor/Mandatory Building Inspection 2, Buildings Department Mr WONG Lui-keung, Larry Acting Senior Structural Engineer/C3, Buildings Department Mr CHING Po-tim, Tim Senior Building Surveyor/Fire Safety 6, Buildings Department Mr LAU Kwok-fu Senior Divisional Officer (Building Improvement)2 (Acting), Fire Services Department Mr LAI Kin-man Assistant Divisional Officer (Building Improvement)2 (Acting), Fire Services Department Mr LAU Yiu-sing, Patrick Senior Manager, Building Rehabilitation, Urban Renewal Authority Mr YUE Ka-kei, Eugene Senior Manager, Community Development, Urban Renewal Authority

Absent Mr LUI Kin, MH (Absent due to other commitments) Mr TANG Yung-yiu, Ronnie (Absent due to other commitments) Mr WONG Wai-yin, Zachary (Absent due to other commitments)

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Opening Remarks

The Chairman welcomed Members and government department representatives to the 6th meeting of the Yuen Long District Council (“YLDC”) in 2017.

2. The Chairman especially welcomed the newly appointed District Officer (Yuen Long) Mr Enoch YUEN, JP, who succeeded Mr MAK Chun-yu, Edward, JP, to the meeting. On behalf of the YLDC, he thanked Mr MAK for his assistance to the DC in the past.

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3. Mr Enoch YUEN, JP said it was the first time he attended the YLDC meeting. He hoped to work closely with Members to build a better community in Yuen Long.

4. In addition, the Chairman welcomed the newly appointed District Commander (Yuen Long) Mr LEE Wai-man, who succeeded Chief Superintendent Mr AU Chin-chau. On behalf of the YLDC, the Chairman thanked Mr AU for his assistance to the DC in the past.

5. The Chairman also especially welcomed the newly appointed District Lands Officer/Yuen Long of District Lands Office, Yuen Long Ms Angela CHAN, who succeeded Ms CHIU Lee-lee, Lily. On behalf of the YLDC, the Chairman thanked Ms CHIU for her assistance to the DC in the past.

6. The Chairman welcomed the following attendee:

District Leisure Manager (Yuen Long), Ms Wendy LUNG Leisure and Cultural Services Department (Stood in for Mr WONG Shu-yan, Francis, Chief Leisure Manager (New Territories North))

7. As for the agenda, the Chairman suggested that the item “Ms CHAN Mei-lin, Mr WONG Wai-yin, Zachary, the Hon KWONG Chun-yu, Mr MAK Ip-sing and Mr TO Ka-lun proposed to discuss cessation of DC funding to cover the expenditure item on disposable bottled water” be dealt with by the Finance Committee (“FC”).

8. In addition, the Chairman suggested that the following items be dealt with by the Town Planning and Development Committee (“TP&DC”), namely (i) “Mr LEE Yuet-man, MH proposed to discuss the addition of bicycle parking spaces in the common areas in private housing estates” and (ii) “Mr WONG Wai-yin, Zachary, Mr MAK Ip-sing, Ms CHAN Mei-lin, Mr TO Ka-lun and the Hon KWONG Chun-yu proposed to discuss request for the Government to submit papers on the ‘traffic impact assessments’ and ‘environmental impact assessments’ of development projects in Yuen Long District for consultation with the District Council”.

9. Finally, the Chairman suggested that the item “Mr CHEUNG Muk-lam requested that the traffic problems along Long Hon Road in Yuen Long be addressed” be dealt with by the Traffic and Transport Committee (“T&TC”).

10. Members had no objection to the agenda.

Item 1: Confirmation of the minutes of the 5th Meeting of Yuen Long District Council in 2017 11. The minutes of the 5th meeting of the YLDC in 2017 were confirmed.

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Item 2: Consultation on the amendments incorporated in the draft South Outline Zoning Plan No. S/YL-KTS/14 (YLDC Paper No. 76/2017) 12. The Chairman asked Members to take note of Paper No. 76/2017, in which the Planning Department (“PlanD”), the Civil Engineering and Development Department (“CEDD”) and the Housing Department (“HD”) sought Members’ views on the amendments incorporated in the draft Kam Tin South Outline Zoning Plan No. S/YL-KTS/14. He also asked Members to take note of the letter to the YLDC Chairman from Mr LAI Wai-hung on 13 December 2017 circulated at the meeting.

13. The Chairman welcomed the following departmental representatives to the meeting:

Planning Department District Planning Officer/Fanling, Sheung Shui Ms Maggie CHIN & Yuen Long East Senior Town Planner/Yuen Long East 2 Ms Ivy WONG

Housing Department Senior Planning Officer 1 Ms Cindy LEE

Civil Engineering and Development Department Chief Engineer/West 3 Mr Tony CHEUNG Senior Engineer/4 Miss CHEUNG Wai-chung

14. Ms Maggie CHIN said on 5 September 2017, the PlanD, the CEDD and the HD consulted the YLDC on the rezoning of the three sites south of West Rail Kam Sheung Road Station in the approved Kam Tin South Outline Zoning Plan (“OZP”) No. S/YL-KTS/13 for public housing and “Government, Institution or Community” (“GIC”) developments. While the authorities appreciated the YLDC’s ongoing support for the housing development in Hong Kong, they understood the DC and local communities were concerned about traffic and community facilities, in particular public parking spaces. Representatives of the relevant departments would then brief the meeting on their follow-up work. On 13 October 2017, the PlanD submitted the views of the DC, together with the proposed amendments to the OZP, to the Rural and New Town Planning Committee (“RNTPC”) under the Town Planning Board (“TPB”) for consideration. After deliberation, the RNTPC agreed on the proposed amendments. The draft Kam Tin South OZP No. S/YL-KTS/14 (the “draft OZP”) was gazetted on 3 November 2017 for public inspection. She then briefly introduced Amendment Items A1, A2 and A3 to the draft OZP which included rezoning Sites 1, 6 and 4a to “Residential (Group A)” (“R(A)”) zone for public housing development, as well as Amendment Items B1 and B2 which involved rezoning Sites 1 and 6 to “GIC” zone for relevant development, and the technical amendments in Amendment Item C.

15. Miss CHEUNG Wai-chung briefed Members on the traffic assessment and road improvement works carried out by the CEDD to tie in with the development and reported that a feasibility study would be conducted to review the road infrastructure in respect of the developments in Kam Tin South, explore the improvement of Kam Sheung Road and road links to trunk roads to ease traffic, and review the surrounding cycling track facilities. The 5 consultant selection exercise for the feasibility study was nearing completion and the study was scheduled to commence in late 2017 or early 2018 for a period of 18 months. After the study was commissioned, the CEDD, together with the consultant, would seek the views of the local community and DC Members on the improvement of Kam Sheung Road, and report the progress of the study timely.

16. Ms Maggie CHIN supplemented that the upcoming feasibility study covered three aspects, including improvement of Kam Sheung Road and discussion on the construction of some link roads or bypasses to thoroughly improve the traffic in Kam Tin South in response to Members’ views collected during previous consultations. Besides, the department would examine how to make good use of the cycling tracks in the rural areas to establish a cycling track network. During the course of the study, the department would work closely with the local community to discuss the traffic improvement proposals. During the last consultation with the DC, the department received Members’ views on community facilities, including the provision of public markets, sports facilities, etc. In response, the HD would, in accordance with the Hong Kong Planning Standards and Guidelines (“HKPSG”) and the comments of relevant departments, provide suitable community facilities when taking forward the public housing project. Some areas at Site Nos. 1 and 6 were reserved to provide facilities such as a community complex and a sports centre. The authorities would consult the DC again when the detailed design was finalised. Besides, some areas at Site Nos. 1 and 6 were reserved for two primary schools and Members’ proposal to build a secondary school would be reflected to the Education Bureau. As regards public parking spaces, public vehicle parks in “GIC” and “R(A)” zones in the draft OZP were “uses always permitted” under Column 1 to provide flexibility for the facilities. The feasibility of providing public parking spaces would be further explored at the detailed design stage. In addition, public vehicle park, or GIC or social welfare facilities as required by the Government in R(A) zone were exempted from plot ratio calculation to meet the needs of the community. It was estimated that the first batch of public housing units would be completed in 2025/26 at the earliest. On 3 November 2017, the TPB exhibited the draft OZP for public inspection under the Town Planning Ordinance (Cap. 131) until 3 January 2018. Members could submit their written representations on the draft OZP to the TPB before the said date.

17. The Chairman said at the meeting, Mr LAI Wai-hung, Mr CHOW Wing-kan and Mr TANG Sui-man proposed a motion which was seconded by Mr Daniel CHAM, BBS, MH, JP, Ms CHAN Mei-lin, Mr CHAN Sze-ching, Mr CHING Chan-ming, Ms CHIU Sau-han, MH, Mr KWOK Hing-ping, Mr KWOK Keung, MH, Ms LAU Kwai-yung, Mr LEE Yuet-man, MH, the Hon LEUNG Che-cheung, SBS, MH, JP, Mr LEUNG Fuk-yuen, Mr LEUNG Ming-kin, the Hon LUK Chung-hung, Ms MA Shuk-yin, Mr MAK Ip-sing, Mr MAN Kwong-ming, Mr MAN Ping-nam, MH, Mr TANG Cheuk-him, Mr TANG Cheuk-yin, Mr TANG Hing-ip, BBS, Mr TANG Ho-nin, Mr TANG Ka-leung, Mr TANG Lai-tung, Mr TO Ka-lun, Mr TSANG Shu-wo, Ms WONG Wai-ling, Mr YIU Kwok-wai, Mr YOUNG Ka-on and Ms YUEN Man-yee. The motion was as follows:

“This Council strongly opposes the draft Kam Tin South Outline Zoning Plan No. S/YL-KTS/14. To avoid the traffic pressure and congestion in South due to the large resident population drawn into the area by the planned developments, this Council strongly requests the Government to take forward comprehensive planning to widen Kam Sheung Road to the standard width and construct new roads before 6

developing Pat Heung South. Only after implementation of these initiatives should the Government consult this Council.”

18. The Chairman suggested a combined discussion. Members raised no objection.

19. The Vice-chairman was concerned that the larger population intake in Kam Tin South would affect the traffic in Yuen Long District. He reflected the serious traffic congestion at Pok Oi Interchange currently which even spilled over into Interchange. Further increase in traffic would worsen the congestion problem. At the meeting of the Working Group on Traffic and Pedestrian Congestion in Yuen Long earlier, he proposed constructing a slip road connecting Tuen Mun so that Tuen Mun bound traffic would be diverted from Pok Oi Interchange to dovetail with the development in Kam Tin South. Moreover, parking spaces in Kam Tin and Pat Heung provided in accordance with the HKPSG would be insufficient and significant illegal parking problem might arise. He suggested that the authorities should not provide parking spaces following the HKPSG rigidly. More flexibility should be allowed in planning the number of parking spaces. As many villagers reflected their hope for public markets in Kam Tin South and Pat Heung, the PlanD might explore building a new public market or revitalising the existing market in Kam Tin Shi. He hoped that there would be a more comprehensive planning so that more people would benefit from the public housing development.

20. Mr Daniel CHAM, BBS, MH, JP remarked that most Members supported the Government’s housing construction in new development areas (“NDAs”) but had very strong views on the long-term transport planning in Yuen Long District. He considered it the responsibility of the CEDD and the Transport Department (“TD”) to examine the traffic problems in the entire Yuen Long District. In the area covered by the OZP, the speed limit for some roads, such as the section from Kam Tin to Au Tau, was 50 kilometres per hour, which might not be able to accommodate the increase in traffic flow in the future. The authorities should consider widening these road sections. In view of frequent congestions at the interchange on Kam Tin Road near Mung Yeung Public School, improvement works were necessary. He hoped that the department would explore ways to improve the above roads and Kam Sheung Road in the upcoming feasibility study. Furthermore, in the previous departmental consultation with the DC, he mentioned that Au Tau Interchange and Pok Oi Interchange formed bottlenecks to traffic heading to different districts. Although the CEDD constructed a flyover at Pok Oi Interchange in early years to divert traffic, traffic congestion resurfaced as a result of growing population and vehicles. Without long-term transport planning, future traffic problems would affect the entire Yuen Long District. Currently, there was congestion at Tai Lam Tunnel exit towards Ting Kau Bridge during the morning peak hours when the increased vehicles clogged at the bottleneck on bound Tuen Mun Road and Route 3. If no new route was constructed, the increasing traffic flow in the future would definitely pose a serious impact on the external and internal traffic in Yuen Long District. Members supported the Government in identifying land for housing development, but on the premise of formulating a long-term and thorough solution to the traffic problems.

21. Mr LAI Wai-hung said the PlanD had consulted the rural committees (“RCs”) and the DC on the development in Kam Tin South and Pat Heung but received objection from both between 2014 and 2017. Members understood the housing needs of Hong Kong people and 7 supported housing development. However, since 2014, Members had urged the authorities to take forward the widening of Kam Sheung Road to the width of a standard road and construction of new roads, or Members would oppose the development. He held that the consultation paper was put forward in 2014 and it was only revised for consultation with the DC again. He thanked the CEDD for conducting the 18-month feasibility study for a comprehensive review of the traffic in Kam Tin South and Pat Heung and pointed out that the Highways Department (“HyD”) would undertake the construction of four passing bays which did not fall under this amendment exercise. He said that Members had repeatedly sought the widening of Kam Sheung Road and construction of new roads by the PlanD. Failing to respond to the RCs and DC, the PlanD had only demanded Members’ support for the development. He said Members would not support it blindly. In addition, Lam Kam Road and Kam Tin Road, which were narrow and built 50 years ago, required improvement even if there was no development plan. The improvement works for those two roads were scheduled for completion in 2013, but the works were yet to commence. It was estimated that the housing development would draw a population of 90 000 into Kam Tin South and Pat Heung, causing overloading of roads. He stressed that if the Government did not carry out road widening works or construct new roads, and did not respond to or respect the aspirations of the RCs and DC, it should stop seek the views from the DC again as any further consultation would be meaningless.

22. The Hon LEUNG Che-cheung, SBS, MH, JP said the development in Kam Tin South, one of the several major public housing developments launched by the Government in Yuen Long District, affected existing residents but the Government had not fully responded to their requests. He said the housing policy should not only target at population increase but also take into account other ancillary facilities. Although the District Planning Officer mentioned in her brief about looking into the feasibility of reserving land for a public vehicle park in the housing developments in Kam Tin South, a small-scale vehicle park would not suffice in future. Moreover, most residents in Kam Tin and Pat Heung would travel to the interchange at West Rail Kam Sheung Road Station to take the West Rail. However, the waiting time was very long for vehicles entering the area for drop-off because of inadequate parking spaces. He enquired whether parking spaces would be reduced due to the housing development and the number of parking spaces to be constructed on the land reserved. He also hoped that the authorities would increase parking spaces to tie in with the housing development. He said the motion moved by Mr LAI Wai-hung, together with other Members, was reasonable and fair. Comprehensive planning on widening Kam Sheung Road was required. Otherwise, increased traffic flow brought about by the even larger population intake in Kam Tin South would overload the road network. He also hoped that the department’s study would comprehensively review ways to improve Kam Sheung Road for more useful findings.

23. Mr LEUNG Fuk-yuen said traffic congestion in the entire Yuen Long District was very serious. Therefore, the position of the six villages on the development in (“HSK”), Yuen Long South, , Kam Tin South and Pat Heung was basically the same. If the Government did not increase transport infrastructure and supporting facilities in Yuen Long District to address traffic congestion, the six villages opposed all planned developments in Yuen Long District in principle. Only after the views of the RCs and DC were heeded and development plan revised should the department further consult the DC. Otherwise, it would just be a waste of time. Yuen Long District was overcrowded with people and vehicles. Conflicts between parallel traders and residents along the streets several years ago sent a clear message to the Government that it was necessary to address the traffic and pedestrian congestion 8 problems in Yuen Long District. YLDC Members were very concerned about improving the community and living environment. For instance, although Ms YUEN Man-yee had been urging the Government to install the noise barrier at Long Tin Road for more than ten years, the Government still had not implemented the project. If the resident population in Yuen Long District kept growing, the future environment of the district would be unimaginable.

24. Mr MAK Ip-sing said according to the department’s paper, the development in Kam Tin South would provide about 9 000 flats with an estimated population of about 25 000. However, the paper only mentioned that the HyD was carrying out improvement works for Kam Tin Road and Lam Kam Road but there was little discussion on traffic problems. The problem that Members were concerned most was how to enhance the ancillary transport facilities to meet the needs of the huge population. Currently, the West Rail had reached its full capacity. The platform of Kam Sheung Road Station was packed with waiting passengers during peak hours. Most residents of the three proposed public housing developments to be completed would travel by bus. As Kam Sheung Road and Kam Tin Road were narrow, they would not be able to cope with the pressure of the increased buses. Members requested the Government to construct new roads and widen existing roads rather than conducting small-scale road improvements. If the population of the district kept increasing without traffic improvement, it would be unfair to existing and even future residents of Yuen Long District. Therefore, he hoped that the Government would seriously consider constructing new roads and widening existing roads.

25. Mr MAN Kwong-ming opined that whenever PlanD consulted the YLDC, Members focused on discussing the pressure of a larger population intake in the area on traffic and their hope for traffic improvement. However, the PlanD had never put forward a satisfactory proposal. The proposed traffic improvement measures were also “old wine in a new bottle”, leaving the problem unaddressed. He strongly supported the housing development policy but disagreed to development of a location prior to provision of transport and surrounding ancillary facilities; otherwise it would give rise to significant problems. It would be more appropriate for the PlanD and the CEDD to conduct a study before discussing the OZP and its amendments.

26. Mr MAN Ping-nam, MH said the Heung Yee Kuk Ordinance (Cap. 1097) established the Heung Yee Kuk (“HYK”) as a pivotal advisory body to the Government on New Territories affairs, while the RC was a district organisation of the HYK. As mentioned by the District Planning Officer in her brief, the views of the RCs and YLDC had already been reflected to the TPB, but his concern was whether the TPB had a full grasp of all the views and aspirations of Members and local communities over the years. Apart from the motion jointly moved by a number of Members today, the YLDC had also passed a number of motions on the planned developments in the district in the past, indicating Members’ objection to the development in Yuen Long should the local traffic problems were not resolved.

27. Mr YIU Kwok-wai said it was not the first time for the DC to discuss this agenda item and whenever the department consulted the DC, the departments reiterated they had responded to Members’ views. However, he was not satisfied with the way the matter was handled. For instance, the department had already amended the plan before commissioning the study, reversing the established procedure. Moreover, the department had not provided exact figures for the proposed increase in parking spaces. When developing , planned parking 9 spaces were inadequate, leading to the shortage of parking spaces in housing estates such as Tin Fu Court and Tin Ching Estate. Given the inadequacies in the current HKPSG, planning supporting facilities accordingly would not meet the actual needs of residents. In addition, under the procedure, if the TPB had already agreed on the plan, there would be little room for discussion by the DC. He believed in the professional judgment of the TPB but in considering the planning proposals, specific and objective data should also be taken into account. These included the actual number of additional parking spaces required for the additional 9 000 residential units and the road area to accommodate the additional vehicles. Otherwise, the decision of the TPB would be unrealistic and improper planning would lead to community problems in the future.

28. Mr TANG Cheuk-yin said the PlanD’s paper stated that the land within the “Village Type Development” (“V”) zone was primarily intended for development of small houses by indigenous villagers. He considered the relevant information misleading because no details had been provided in the paper on whether land had been reserved and whether clearance of the small houses of indigenous villagers with land compensation would take place, which was unfair to indigenous villagers. As regards road improvement, the paper stated that “Kam Tin Road is a major district distributor, which provides easy access to the area for pedestrians and vehicles. Another major access road is Kam Sheung Road splitting from Kam Tin Road.” The paper also stated that “the external traffic problem in the area has ameliorated after completion of Stage 1 of the improvement works on Kam Tin Bypass and Kam Tin Road. Upon implementation of ‘Upgrading of Remaining Sections of Kam Tin Road and Lam Kam Road’, road safety can be further improved. However, the implementation timetable for the improvement works is yet to be reviewed.” The authorities did not give a firm commitment to implement the works as the timetable was pending review. He believed there were more similar descriptions in the paper.

29. Mr TANG Hing-ip, BBS said Members continued to reflect their views to the Government, but with the launch of the housing development projects in the near future, the traffic problems in Yuen Long District would worsen. The public and Members felt quite helpless as to what to do. As Mr TANG Cheuk-yin had indicated, the road improvement works timetable was pending review. He was worried that if the works were further delayed, they could not be completed in tandem with housing development. If the authorities did not expeditiously improve the traffic in Yuen Long District and build additional roads, the DC had to stand firm on its principles, objecting to proceeding with development in the district.

30. Mr TANG Ho-nin said he had all along supported urbanisation of villages to stimulate local economic activities under proper planning. At present, there was a market in Kam Tin Shi but parking spaces were inadequate. He hoped that the Government would consider revitalising the market and adding a parking floor. He was also concerned about the reduction in people flow in Kam Tin Shi with the construction of a large shopping mall in Kam Tin South, affecting the small shops in Kam Tin Shi. He hoped that the authorities would pay heed to people’s livelihood. As regards traffic, he shared the views of Mr LAI Wai-hung. If the authorities did not handle the traffic problems properly, Kam Tin would be the first to suffer in the future. bound traffic would start lining up at the interchange near Mung Yeung Public School. He had suggested the authorities at the RC meeting that a road connecting Kam Tin with Yuen Long Highway be built to ease the traffic from Kam Tin to Yuen Long Town. He hoped that the authorities would be concerned about traffic problems. 10

31. Mr TANG Ka-leung said district planning and development could improve the district and solve housing problems of the people. It was originally a good idea but during district development, the Government often neglected the needs of indigenous villagers and residents. Mr LAI Wai-hung, having reflected to the Government the frequent congestion on Kam Sheung Road which was narrow and accident-prone, demanded to widen the road. It was estimated that the development of public housing in Kam Tin South would attract an additional resident population of 25 000, but the development was to be served by Kam Sheung Road. He said Members did not oppose district development by the Government but traffic problems had to be solved first. Even if the Government would launch projects of the HSK NDA in the future, Members’ position remained the same. Discussion on any matters would be meaningless before the traffic problems were solved. Therefore, he opposed the planned developments in Kam Tin South.

32. The Hon KWONG Chun-yu said he expressed his views at the meeting of the Legislative Council Panel on Development in late November 2017 when discussing the advance works for the development in Kam Tin South and noted that the authorities’ paper did not set out the motion passed by the YLDC on 5 September. The motion stated that in view of the expanding population in Yuen Long District and unresolved traffic problems, the DC opposed the housing developments. Mr LAI Wai-hung had repeatedly reflected the situation of Kam Sheung Road at the DC, in the hope that the Government would give a positive response but it showed no sincerity. In addition, given the fact that major developers possessed over 1 000 hectares of agricultural land in the New Territories as recently revealed by the Task Force on Land Supply, he was concerned about the exact location of such land which was considered to be in Yuen Long District. If such land was located on the fringe of the area covered by the Kam Tin South OZP, it heightened the need for preparing for the future, making comprehensive planning for transport for the convenience of people living in remote areas in travelling to and from the urban areas. Besides, he said the DC should grasp the information on the major public housing developments and individual developments in Yuen Long District to analyse the impact on traffic in Yuen Long District and other long-term problems from a macro perspective. The DC played a key role in district planned developments and Members understood precisely the specific circumstances of the community. It was undesirable that the DC was always the last to be informed of the details of planned developments. He hoped that the Chairman could assist the DC in reflecting the matter to the authorities.

33. Mr CHEUNG Muk-lam said in implementing development projects in recent years, the Government had not accepted the views of the RCs and the DC on traffic issues at all. Even though they continuously relayed their views, there was no change in the department’s paper. The Government only focused on taking forward individual projects but lacked macro planning for ancillary transport facilities. Currently, every road and interchange in Yuen Long District was congested. Every night, Yuen Long Town and Tuen Mun bound traffic from Kam Tin would queue back from the vicinity of Au Tau Interchange to the junction in Long Shin Estate. Besides, the proposed Long Bin public housing development was mainly served by Tong Yan San Tsuen Interchange but new link roads would not be constructed. The above showed that the Government had not taken into account the overall need for ancillary transport facilities when developing Yuen Long District. In addition, the current household-to-parking space ratio in was 33:1. Parking spaces were in short supply. He enquired about the 11 number of parking spaces to be provided for the public housing development in Kam Tin South and hoped that the authorities would implement the widening of Lam Kam Road near Ling Wan Monastery expeditiously. He said the motion proposed by Mr LAI Wai-hung, together with other Members, was reasonable. With the public housing development supplying 9 000 residential units, the serious traffic problem in Yuen Long District and the already full capacity of West Rail, the authorities should practically make macro planning for transport networks and ancillary facilities for the overall development of Yuen Long to meet the needs of the public.

34. The Hon LUK Chung-hung said as Kam Sheung Road was an old village road, it was impossible to cater for the traffic generated by the additional population. Therefore, it was necessary to widen Kam Sheung Road. He hoped that relevant departments would arrange for a site visit and study in depth the situation at Kam Sheung Road with Members. The widening of Kam Sheung Road was a major issue of this motion. He hoped that the authorities would attend to the problem.

35. Mr TO Ka-lun said the highly dense population in Hong Kong made the living environment extremely overcrowded. If the Government was not determined to solve the problem through the population policy, all the work would be futile. The PlanD should solve the existing problems rather than further increase the population in Yuen Long Town, Kam Tin, Tin Shui Wai, etc., which would neither solve the existing problems nor would it improve the living environment of existing residents. The 150 one-way permit holders from the Mainland coming to Hong Kong every day, as well as many through other channels, contributed to the increase in Hong Kong’s overall population. If the Government was truly determined to assist Hong Kong people in solving the problem in the living environment, it should focus on helping the existing population in improving their living space and shortening the waiting time for public housing instead of requiring the construction of more high-rise buildings in the rural areas without appropriate supporting facilities in order to increase the population aimlessly. He hoped that the PlanD and other departments could do a better job from the ground up.

36. Ms Maggie CHIN gave a consolidated response as follows:

(1) She thanked Members for their valuable comments. Since 2014, the PlanD, in conjunction with relevant departments, had consulted the YLDC, the Kam Tin Rural Committee and the Pat Heung Rural Committee on the Land Use Review for Kam Tin South and Pat Heung, as well as the related follow-up and rezoning. Having regard to the views received during consultation, in particular those on traffic, the department had also carried out traffic impact assessment (“TIA”) and put forward some suggestions for improvement. In response to Members’ concerns, the PlanD worked closely with professional departments, including the CEDD and the TD, on the road widening works in Kam Tin and Pat Heung, as well as traffic improvement in other locations in Yuen Long District;

(2) The authorities fully understood Members’ concern on Kam Sheung Road and would commence the feasibility study expeditiously in order to identify some improvement measures. The views of the Vice-chairman, Mr WONG Wai-shun and the Hon LEUNG Che-cheung on parking spaces, such as more flexible planning of the number of parking spaces, could be further explored at the 12

detailed design stage. In fact, the public housing development had not progressed into the detailed design stage yet. Currently, rezoning the sites into “R(A)” and “GIC” was the first step to take forward public housing and the associated developments. Regarding the number of parking spaces provided in the future, the authorities intended to be as flexible as possible to cater for the needs of the district;

(3) The carpark at Kam Sheung Road Station mentioned by the Hon LEUNG Che-cheung would be relocated during the development of Kam Sheung Road Station in the future. While the number of parking spaces would be no less than the current number., the department would strive to provide more parking spaces;

(4) Regarding the views of the Vice-chairman, Mr WONG Wai-shun and Mr TANG Ho-nin on the provision of a public market and the revitalisation of the existing market in Kam Tin Shi, the PlanD would consult the Food and Environmental Hygiene Department (“FEHD”) to identify a desirable and suitable option to meet the needs of residents in Kam Tin and Pat Heung. Where a public market in the public housing site was considered appropriate at the detailed design stage, relevant departments and the HD would follow up; and

(5) Regarding the “V” zone mentioned by Mr TANG Cheuk-yin, there were about 119 hectares of “V” sites in the Kam Tin South OZP. The planning intention of the zone was to reflect existing recognised and other villages, and to provide land considered suitable for village expansion and reprovisioning of village houses affected by Government projects. Small house development was a use always permitted in “V” zone in the OZP, and application to the TPB was not required.

37. Mr Tony CHEUNG gave a consolidated response as follows:

(1) The authorities understood Members’ concern on traffic problems. TIA was a complicated subject. Currently, various planned developments, including Kam Tin South, HSK NDA, Yuen Long South and Wang Chau, were all affecting the overall development in the Northwest New Territories. The TIA conducted by the CEDD had considered the traffic needs arising from all the above developments;

(2) Regarding long-term transport planning, the Government was planning the Tuen Mun Western Bypass and commenced a feasibility study in October 2017. The Government had also submitted funding proposal to the Legislative Council (“LegCo”) and would expeditiously take forward the planning of Route 11. Besides, the construction of Tuen Mun-Chek Lap Kok Link was underway and scheduled to come into operation in around 2019/20. It was anticipated that after commissioning, airport bound traffic would not need to take a longer route via Tuen Mun Road, which would help reduce its traffic flow;

(3) As regards Kam Sheung Road, the three public housing sites were in close proximity to (within 500 metres of) West Rail Kam Sheung Road Station. 13

Therefore, it was anticipated that residents would use the railway as the main mode of transport in the future. Taking into account the projections given by TIA, the traffic growth on Kam Sheung Road would not be substantial. In addition, after the commissioning of the East West Corridor of the Mass Transit Railway Corporation Limited (“MTRCL”) in 2019, the frequency of West Rail trains would gradually increase from 20 per hour to 28 per hour, i.e. a train about every two minutes, which would be similar to the frequency of other busy routes in the urban areas. Coupled with the conversion of seven-car to eight-car trains for the , the carrying capacity could be boosted by about 60%. The above railway service improvement could tie in with the traffic demands of the additional population from the housing developments near Kam Sheung Road Station. In addition, the authorities would commence consultation on the the following year to cater for railway development;

(4) As mentioned in the briefing at the DC meeting on 5 September, the CEDD had completed the TIA for the development in Kam Tin South and would carry out the road widening works according to the recommendations of the assessment, in particular the widening of Kam Ho Road from a single two-lane to a dual two-lane carriageway to increase traffic flow. The CEDD expected that most vehicles would make use of the road for Route 3 to ply to and from the urban areas. Therefore, it had to be widened. Besides, the CEDD would also carry out widening and improvement works at the following road sections and junctions to tie in with the proposed housing developments, including the widening of a section of about 360 metres long of eastbound Kam Tin Road between and Kam Ho Road from a two-lane to three-lane carriageway; road junction improvement works at Kam Tin Road/Kam Tin Bypass/Kam Ho Road, Kam Tin Road/Kam Sheung Road, Kam Ho Road/Tung Wui Road, Tung Wui Road/Kam Sheung Road, Pat Heung Road/Kam Sheung Road and Tsing Long Highway Slip Road/Pat Heung Road junctions; and provision of four bus laybys along Kam Sheung Road;

(5) The upcoming feasibility study by the CEDD would mainly include proposals on improving the traffic on Kam Sheung Road. The consultant selection exercise was nearing completion and the study was about to commence. The CEDD understood that Kam Sheung Road was a road of the old standard and Members were concerned about its traffic safety. The CEDD would actively communicate with the local community and listen to their views to identify suitable improvement options as a response to the aspirations of the local community. In terms of project engineering, the CEDD had a comprehensive TIA mechanism and the TIA report for the housing developments at Sites. 1, 6 and 4a had also been uploaded onto the TPB website for public reference; and

(6) In fact, the Government would constantly review the implementation of each development project at each stage to cater for population growth. The three public housing sites in Kam Tin South were close to the West Rail station and easily accessible. It was expected that the developments would be completed as soon as possible to increase public housing supply. The TD and the HyD were also about to commence their studies on the need to construct new heavy rail and road links in the Northwest New Territories after 2031. The CEDD hoped that Members would understand the Government was taking forward 14

various initiatives phase by phase to tie in with the overall development in Hong Kong to meet the housing demands of the public.

38. In response to the views expressed by the CEDD representative on CEDD’s communication with the local community and adding one carriage to the West Rail trains, Mr TANG Cheuk-yin considered that the crux of the problem was whether the Government would implement the widening of Kam Sheung Road and construct more railways.

39. Mr MAN Ping-nam, MH held the view that adding one carriage to the West Rail trains could meet the traffic needs of the increased population, such as the additional population estimated at more than 200 000 in the HSK NDA, transport planning would not be a complicated matter and Mr LAI Wai-hung did not need to strive for the Kam Sheung Road widening works over the years. As departmental experts were not residents who used the road every day, they might not understand the situation.

40. Mr LEUNG Fuk-yuen said Members in principle supported housing development to address the housing problems of the public but were very concerned about the unsolved traffic problems in Yuen Long District and the traffic improvement works yet to be implemented. Currently, traffic congestion in Yuen Long District was serious. During peak hours, passengers at Kam Sheung Road Station had to await a number of trains before they could get on board. Without traffic improvements, Yuen Long District could no longer accommodate additional population. He considered that the projects in relation to long-term transport planning were just building castles in the air, which could not practically solve the present traffic problems.

41. Mr LAI Wai-hung said there would be considerable population near Kam Sheung Road Station in the future. Some would drive and residents in Sheung Shui, Fanling and Tai Po would travel to Kam Tin and Pat Heung via Kam Sheung Road and Lam Kam Road. Therefore, many villagers and village representatives were dissatisfied with the results of the TIA which indicated that the impact of the developments on the traffic growth on Kam Sheung Road was not significant.

42. The Hon KWONG Chun-yu said in the past, the Government adopted the Conventional New Town Approach for district development, providing sound roads and peripheral ancillary facilities during housing development. The present development approach could be described as fragmentary, lacking macro planning. Members were worried that Kam Sheung Road would be overloaded by traffic generated by the new developments as the road was narrow and of old design built a few decades ago, causing frequent traffic accidents. Even though the Government and Members had spent so much time on the proposed widening of Kam Sheung Road, the problem remained unresolved. He was worried that after commencement of the advance works for the housing developments, the entire plan would continue.

43. Mr Daniel CHAM, BBS, MH, JP held the view that failing to commence the widening works for Lam Kam Road was not the responsibility of the PlanD but that of the works departments, such as the CEDD and the TD. They should expeditiously commence widening 15 works for Kam Sheung Road and Lam Kam Road. Besides, according to page 4 of the Explanatory Statement in the paper, the planned population for the housing development in Kam Tin South would reach about 62 690. However, in the PlanD’s consultation with the YLDC in 2014, there would be an estimated number of 33 000 residential units and an estimated population of 100 000 in the entire development in Kam Tin South. He hoped that the PlanD would explain the difference. In addition, it was learnt that the Hong Kong Housing Society (“HKHS”) would undertake studies on the housing developing on the periphery of country parks, including . He enquired whether such type of housing development had been incorporated in the Kam Tin South OZP and, if so, there would be a rise in population in the area.

44. Mr CHOW Wing-kan did not agree to the observation of the departmental representative that the impact of the housing developments on the traffic on Kam Sheung Road was not significant, taking into account the recommendations in the TIA. As there were housing estates at present along both sides of Kam Sheung Road, which was the main access for residents, the TIA was considered departed from reality.

45. Mr CHING Chan-ming said Yuen Long District had been beset with traffic problems for a long time. There was a need for relevant departmental representatives to fully reflect the views of Members to their bureaux to consider improving the traffic in the entire Yuen Long District. In the next 20 years, with the continuous population growth and increasing number of vehicles, the entire Yuen Long District would look completely different. New road networks were required to cater for the development. Sole reliance on Route 11 could not solve the traffic problems in the entire district. It was necessary to construct new road networks along the hills and the coast to effectively divert traffic and substantially improve the traffic in Yuen Long District. Yuen Long District covered an extensive area. He believed the local community would also agree to the district development if the traffic problems were properly tackled with. He also pointed out residents in Yuen Long District used the West Rail as the main mode of transport as local roads were frequently congested. It would be difficult for residents to estimate the required time when taking road-based public transport such as the bus. The authorities should improve the road network so that roads could be kept smooth and a two-pronged approach of road-based transport and railway transport should be adopted to more effectively divert the residents travelling to and from Yuen Long District.

46. Mr TANG Ka-leung said the focus of Members’ concern was on whether Kam Sheung Road could meet the traffic needs of the additional resident population of 25 000. However, the departmental representatives did not respond to the focal problem of whether Kam Sheung Road would be widened at all and were rambling on Route 11, long-term railway development, etc. He opined that no more time should be wasted discussing the matter. They should vote on the motion as soon as possible.

47. Mr TANG Ho-nin considered it useless for Mr LAI Wai-hung to have requested the authorities to widen Kam Sheung Road for many years as they seemed to be onlookers only. He hoped that Members would vote on the motion as soon as possible.

48. Mr TSANG Shu-wo said the Government continuously carried out housing 16 developments in Yuen Long District without proper transport planning. He suggested the Transport and Housing Bureau (“THB”) sent a representative to attend YLDC meetings to explain in detail the various road widening and improvement works in Yuen Long District. At present, the Government had not made proper road planning for any housing development projects in Yuen Long District, whether they be in Yuen Long South, HSK, Tong Yan San Tsuen or Tan Kwai Tsuen. In the case of the housing development in Wang Chau, the TD suggested widening Fuk Hi Street to tie in with public housing development. However, as the exit of Fuk Hi Street was only connected to the two-lane Wang Lok Street and the nullah was next to Wang Lok Street, the space for road widening was very limited and such works were not useful. The authorities should solve the traffic problems in Yuen Long District first. Otherwise, the YLDC would object to all the development projects in the district.

49. Ms CHIU Sau-han, MH said the briefing by the representative of the CEDD had not indicated the authorities’ undertaking to widen Kam Sheung Road. The local community in New Territories East had formed the Great Coalition to Address Traffic Congestion in New Territories East earlier to urge the Government to improve the old and narrow roads and solve the traffic congestion in the district in the form of a large-scale petition activity. She believed if the Government did not deal with the traffic problems in Yuen Long District proactively, similar concern groups would sooner or later appear in Yuen Long District to arouse community concerns. She was also dissatisfied with the departmental representative’s suggestion that residents of the housing development which was within the proximity of 500 metres of Kam Sheung Road Station would use the railway as the main mode of transport. She said in case of railway system failure, other road-based transports were required for crowd dispersal. Therefore, the support of roads was essential. Proper road planning to meet the daily transport needs of the residents and cater for unexpected situations was necessary. She supported public housing development, but stressed that it was the Government’s responsibility to make proper transport planning to tie in with housing development.

50. Mr Tony CHEUNG responded that during planned development, TIA had been conducted to estimate the increase in traffic flow. He supplemented that the briefing was to illustrate that the increased traffic flow would ply between Kam Tin and the urban areas mainly with Kam Ho Road via Route 3. Therefore, the major improvement works were to widen Kam Ho Road. As regards the improvement for Kam Sheung Road, the CEDD intended to start the feasibility study by end of December and would actively communicate with Members, the local community and RC members. After reaching a consensus and securing support, it would make every effort to implement the road improvements recommended by the study. Besides, increasing the number of carriages and frequency of the West Rail trains could indeed raise the carrying capacity to accommodate the increased population.

51. Mr LAI Wai-hung said the confirmed widening works of Lam Kam Road and Kam Tin Road were scheduled to complete in 2013. To carry out the planned large-scale public housing developments in Kam Tin South and Pat Heung, the authorities should expeditiously seek funding approval for the widening works for the two roads.

52. Mr Tony CHEUNG responded that as the project planning for the widening works for Lam Kam Road and Kam Tin Road was under HyD’s purview. He would convey Members’ 17 views to the department.

53. In response to Mr Daniel CHAM’s enquiries, Ms Maggie CHIN said the HKHS would conduct studies on two sites on the periphery of country parks, one of which was west of Tai Lam Tunnel Toll Plaza, covering some 20 hectares of Tai Lam Country Park. In its consultation with the DC in 2014, PlanD’s estimated population for the housing developments in the Land Use Review for Kam Tin South and Pat Heung was about 90 000, while the estimated population was about 60 000 in the OZP. The difference was mainly attributable to the fact that supporting infrastructure could not cater for full development of housing sites under the Land Use Review. Therefore, the housing developments should be carried out in phases. Currently, only two sites of the West Rail and three public housing sites south of West Rail Kam Sheung Road Station were under development. The remaining housing developments would not proceed until other supporting facilities were available.

54. The Chairman asked Members to vote on the motion.

55. An open ballot on the motion was conducted by a show of hands. Ms CHAN Mei-lin, Mr CHAN Sze-ching, Mr CHEUNG Muk-lam, Mr CHING Chan-ming, Ms CHIU Sau-han, MH, Mr CHOW Wing-kan, Mr KWOK Hing-ping, the Hon KWONG Chun-yu, Mr LAI Wai-hung, Ms LAU Kwai-yung, Mr LEE Yuet-man, MH, the Hon LEUNG Che-cheung, SBS, MH, JP, Mr LEUNG Fuk-yuen, Mr LEUNG Ming-kin, the Hon LUK Chung-hung, Ms MA Shuk-yin, Mr MAK Ip-sing, Mr MAN Kwong-ming, Mr MAN Ping-nam, MH, Mr SIU Long-ming, Mr TANG Cheuk-him, Mr TANG Cheuk-yin, Mr TANG Hing-ip, BBS, Mr TANG Ho-nin, Mr TANG Ka-leung, Mr TANG Lai-tung, Mr TANG Sui-man, Mr TO Ka-lun, Mr TSANG Shu-wo, Ms WONG Wai-ling, Mr YIU Kwok-wai, Mr YOUNG Ka-on and Ms YUEN Man-yee were in favour of the motion.

56. The Chairman announced that there were 33 votes in favour of the motion, 0 vote against it and 0 abstention, passing the above motion with an absolute majority.

57. In conclusion, the Chairman expressed support of the YLDC for the housing development. While there were a number of roads in the vicinity of the planned development, the departments’ proposals were unable to resolve the traffic problems arising from the future population intake in the district. The YLDC had all along been aspiring that the Government could widen Kam Sheung Road to a standard width and expeditiously implement the improvement works for existing roads in the district, such as Lam Kam Road and Kam Tin Road. Besides, Members also remarked that the large population intake in Yuen Long District in the future would require new road networks to meet their traffic needs. Given that the upcoming 18-month feasibility study mentioned by the departmental representative would examine ways to improve the roads in the vicinity of Kam Tin and Pat Heung, he hoped the Government would complete the study as soon as possible upon receipt of Members’ views and continue to consult the DC on road network improvement. In addition, Members hoped that the Government could provide adequate parking spaces and the paper advised that the feasibility of providing public parking spaces could be explored at the detailed design stage. Members were concerned that if the parking spaces were provided according to the HKPSG, parking spaces would be inadequate 18 and hence the Government should give in-depth consideration. DC Members also hoped that the Government could consider revitalising the existing public market in Kam Tin Shi when planning facilities such as public markets. Finally, Members hoped that the Government would pay attention to the housing needs of indigenous villagers and consider expanding “V” zone so that indigenous villagers could build small houses. He thanked departmental representatives again for attending the meeting and hoped that they would reflect Members’ views to the TPB. At the same time, he reminded Members that the public exhibition period would last until 3 January 2018. Members’ written representations on the plan should be submitted to the TPB before the date.

58. Mr LAI Wai-hung proposed that the YLDC should express its views by writing to the TPB to express its views.

59. The Chairman agreed to write to the TPB in the name of the YLDC Chairman and asked the Secretariat to prepare the document.

(Post-meeting note: On 3 January 2018, the Secretariat submitted the letter to the TPB.)

Item 3: Question from Members: The Hon LEUNG Che-cheung, SBS, MH, JP, Mr LUI Kin, MH, Mr KWOK Keung, MH, Mr SIU Long-ming, Ms WONG Wai-ling and Ms MA Shuk-yin proposed to discuss “Request for enhancing the support to owners of aged buildings to carry out maintenance” (YLDC Paper No. 77/2017) 60. The Chairman invited Members to take note of Paper No. 77/2017. In this paper, the Hon LEUNG Che-cheung, SBS, MH, JP, Mr LUI Kin, MH, Mr KWOK Keung, MH, Mr SIU Long-ming, Ms WONG Wai-ling and Ms MA Shuk-yin proposed to discuss “Request for enhancing the support to owners of aged buildings to carry out maintenance”. He also asked Members to take note of the reply from the Security Bureau.

61. The Chairman welcomed the following departmental representatives to the meeting:

Development Bureau Assistant Secretary (Building)3 Mr William POON

Buildings Department Chief Building Surveyor/ Ms Lisa CHU Mandatory Building Inspection 2 Acting Senior Structural Engineer/C3 Mr Larry WONG Senior Building Surveyor/Fire Safety 6 Mr Tim CHING

Fire Services Department Senior Divisional Officer (Building Mr LAU Kwok-fu Improvement)2 (Acting) Assistant Divisional Officer (Building Mr LAI Kin-man 19

Improvement)2 (Acting)

Urban Renewal Authority Senior Manager, Building Rehabilitation Mr Patrick LAU Senior Manager, Community Development Mr Eugene YUE

62. Mr SIU Long-ming said the Operation Building Bright 2.0 (“OBB 2.0”) and the subsidy scheme for fire safety works recently proposed by the Chief Executive (“CE”) in the Policy Address could respond to the public’s aspirations. Since the launch of Operation Building Bright (“OBB”) more than a decade ago, owners had been able to carry out repairs for aged buildings. However, there had been regression in some aspects in OBB 2.0. For instance, in the past, buildings of over 30 years of age were eligible for application of OBB. Unfortunately, OBB 2.0 required a higher building age threshold of 50 years or above. Not many buildings in Yuen Long District had reached the age threshold. Therefore, he hoped that the restrictions on the age of target buildings of OBB 2.0 could be adjusted downwards to 30 years or above so that more people could be benefited and more buildings could be repaired. In addition, regarding building management, he opined that many residents of tenement buildings might not be interested in participating in building management and owners mostly did not have professional knowledge of building management to deal with building maintenance. Therefore, he hoped that the Government could set up the Building Management and Maintenance Authority to assist residents in respect of building repairs, which would lower the risk of bid-rigging and provide them with assistance in tendering and works supervision. Since the Fire Services Department (“FSD”) issued fire safety directions (“directions”) under the Fire Safety (Buildings) Ordinance (“FS(B)O”) (Cap. 572), many residents had been puzzled with how to comply with the “directions”. Currently, only a handful of buildings in Yuen Long District could fufill the requirements in the “directions”. In launching the subsidy schemes as indicated in CE’s Policy Address, he suggested the Government continue to optimise the FS(B)O so that members of the public could complete the works in compliance with the “directions”, such as allowing connection of public standpipes to fire hose reel systems for tenement buildings of eight storeys or less. He supplemented that the installation of fire services water tank frequently plagued the owners of tenement buildings as installation on the rooftop might relate to ownership issues. It would be a grave problem if the rooftop owner did not agree to install the fire services water tank on the rooftop. Therefore, he hoped that the authorities could introduce more improvement measures to upgrade the fire services equipment in aged buildings to meet the requirements specified in the “directions”.

63. Ms YUEN Man-yee supported OBB 2.0 and the subsidy scheme for fire safety works introduced by the Government. In her constituency, there were many tenement buildings. Most were “three-nil” buildings without mutual aid committees (“MACs”) or owners’ corporations (“OCs”). As owners of the old buildings were residents of older ages, it would be difficult for them to comply with the “directions”. These owners were required to install the fire services water tank on the rooftop upon receipt of the “directions” issued by the FSD under the FS(B)O. However, rooftops were normally privately owned and it was not easy for residents to understand the weight and the capacity requirements of the fire services water tank. She often met with residents and assisted them in setting up concern groups to deal with such issue. Although these owners were willing to deal with the issue, it was still difficult to meet the requirements specified in the “directions” as some residents were reluctant to pay for the costs incurred. She hoped that the Government could first deal with the issue in default of 20 owners of the old buildings and then collect the costs from them after completion of works. She considered it more appropriate for the Government to do so in default of the residents. Otherwise, residents would not know what to do when they were fined for not meeting relevant requirements under the “directions”. Old tenement buildings were in general residential flats. She hoped that the Government could assist these owners in dealing with the repair and maintenance of old buildings.

64. Mr CHOW Wing-kan held that supporting the repair and maintenance of old buildings was tantamount to encouraging the elderly to look after their health. The objectives were correct and deserved support. The problem was that quite some details in the implementation of the schemes did require consideration. First, even if the buildings had formed management organisations, such as OCs or MACs, the owners were not professionals. They would not know how to compare the standard of the tenders. During tender assessment, there might be bid-rigging by unscrupulous works contractors. In case a works contractor made some false and leading assessment, it might be unfair to owners. He opined that as the Home Affairs Department (“HAD”) had a dedicated building management team, it could consider working with the Hong Kong Institute of Surveyors to invite their building surveyors to assist the districts with the issue. If necessary, the Government could formulate a fair assessment process so that owners could understand whether the relevant works conformed to the requirements laid down in the tenders and whether the costs were reasonable, thereby selecting the more appropriate tender. Secondly, many old buildings did not even have MACs. Owners without building management organisations were often perplexed as the Government might be take legal action against them for not following the “directions” upon receipt. The FSD had recently issued the “directions” to many flats without building management organisations in Yuen Long District, indicating that owners would be prosecuted by the Government if they did not take any action. Even if the MAC would shoulder the costs, it would also be an extremely difficult task to require owners of various flats to pay and share the costs. He considered that these practical issues had to be dealt with by the Government. Ms YUEN Man-yee’s proposal that the Government could offer assistance, such as coordinating collection of fees, was a feasible solution. However, if the owners failed to pay the relevant costs due to financial problems, the Government might register it with the Land Registry (commonly known as “imposing an encumbrance”), which would be unfair to owners. The department replied that the Government would provide owners with a 60% subsidy of the works costs. Subsidising the owners was good but they should pay attention to the risks as the “directions” would bring about business opportunities. In a recent request for assistance, an owner of a tenement building had received the FSD’s “directions” to provide testing reports for all fire-resistant doors, such as proof on the fire resistance rating of glass windows, without requiring installation of fire services water tank. He said there used to be testing reports for the property concerned but as it was a long time ago, the relevant supporting documents were no longer available. The owner, therefore, had to re-test the fire doors. He opined that such a requirement was time-consuming, inefficient and costly and was unfair to occupants. In his enquiry with the FSD, the relevant officer suggested owners continue to do their best. If owners were indeed unable to meet the requirements, the FSD would consider exercising its discretion where appropriate. He held that there was no baseline as to whether such approach was flexible or lenient, but residents and occupants would be worried.

65. Mr MAK Ip-sing said people purchased residential properties with an aspiration to live and work in a comfortable environment. There were numerous kinds of mandatory orders 21 issued by the Government, including the OBB, Mandatory Building Inspection Scheme (“MBIS”), “directions” from the FSD, and the mandatory orders issued by the Electrical and Mechanical Services Department (“EMSD”). After owners had completed all the work, they might have to handle the canopy issue. He queried whether the Government was helping or disturbing the public. For instance, the FSD’s “directions” required the installation of fire services water tank in tenement buildings. He considered such requirement difficult to implement. The purpose of installing the fire services water tank was to allow shops on the ground floor to install fire hose reel systems rather than enhancing the fire services equipment at the staircases or corridors of the building. In case of fire from shops, residents living upstairs could evacuate through the passage on each floor. He queried why it would be the responsibility of the residents upstairs to install the water tank. There were a lot of contradictions in the “directions”. Some requirements did not work for all buildings. He knew a lot of friends who lived in tenement buildings. They received the “directions” ten years ago but even to this day, they still had to apply for an extension of the compliance period. Although the capacity of the fire services water tank required by the “directions” had already been reduced from 2 000 litres to 500 litres, it was difficult to find a suitable installation location in the building for even a 500-litre water tank and so owners could only be procrastinating. He queried why the building was required to install the fire services water tank when formulating the schemes. The department was advised to consider lifting the requirement and review the procedures concerned as such requirement was unviable and causing inconvenience to people. With the launch of OBB 2.0, there might be more similar schemes to subsidise the public to repair old buildings in future. He held that the entire process was only to enable the industry to expand business. He was worried that there would be bid-rigging when owners engaged contractors, which would trouble the public. In case building maintenance was not properly dealt with, the owners in the OC might be prosecuted or the contractors would even collude with each other. All these concerns were troubling the public. Therefore, he suggested the Government re-examine the requirements in the “directions” to reduce the nuisances caused to residents.

66. Mr LAI Wai-hung hoped that the Government would not neglect the maintenance of old village buildings. Villages began to urbanise. Many village houses had been built for more than 30 to 50 years. The Government should support those poorer villagers in the rural areas to repair their houses, in particular those left over from Grandfather’s time. He urged the Government to assist residents in repairing aged buildings in the urban areas and villages and consider funding indigenous villagers to repair old houses.

67. Mr LEUNG Fuk-yuen said since the launch of OBB, he had seen many aged buildings wrapped with nets and under repair in the urban areas over the years. Unfortunately, so far, he could not see any attention from the Government over housing in villages. Apart from graded historic buildings, houses in villages might be more dilapidated than those in the urban areas. For example, there were many small houses jointly owned by brothers in the rural areas. As each of the brothers lived on one floor, they were not eligible to apply for public housing and Comprehensive Social Security Assistance (“CSSA”). Some residents had lived in village houses for several decades. They did not need to live there if they were well-off. Those village houses were dilapidated but the Government had not paid attention to the problem. There were already water seepage and concrete spalling in many village houses. The tiles of some village houses had been used for nearly a hundred years with beams being eroded by termites, and they were prone to collapse. However, people were still living there because they 22 were not financially sound to repair the houses. The Government had expended a great deal of effort on developing land in the New Territories to build houses for people. Land originally owned by villagers had been developed into high-rise buildings. It was a pity that their place of residence was still dilapidated. The Government should promote urban-rural integration and pay attention to the maintenance and redevelopment of aged village houses to achieve greater harmony in society.

68. Mr MAN Kwong-ming said the Government’s policy on assisting owners in rehabilitating their old buildings had existed for a long time. The issue was about requesting the Government to strengthen the assistance to owners of aged buildings in building repairs, which he was in support of. The two Members representing the rural areas had just reflected that there were many village houses in the New Territories, such as the dilapidated ancestral houses of indigenous villagers, requiring the Government’s assistance in their repairs. He hoped that the Government would pay attention to the problem. In addition, some housing estates with buildings of three to four storeys in the New Territories were in fact very old, which was like the situation of tenement buildings in the urban areas. These aged buildings would also require the Government’s policy support and he hoped that the Government would pay heed to the problems faced by the owners of these aged buildings.

69. Mr Daniel CHAM, BBS, MH, JP said OBB was a sound policy. He believed that re-launching the scheme by the Government could help more owners of aged buildings to carry out building repairs. Dilapidation posed threats not only to occupants in the buildings, but also the general public. He was concerned about “three-nil” buildings as they had not formed OCs. He held that places requiring repairs in the building were mostly common areas. Therefore, the Government would need to provide assistance for repairs in these common areas so as to effectively execute the orders, such as the FSD’s “directions”. For instance, if there were only some ten owners in a building, it would be difficult for them to reach a consensus as no one could make the decision and finally they failed to address the maintenance issues of the building. In addition, there were numerous aged buildings of three to six storeys in Yuen Long District. The FSD requested that buildings of less than three storeys take water from public standpipes. After installing the pumps and the valves, the standpipes could be connected to the fire hose reel systems directly. However, buildings of more than three storeys were not exempted. He considered that the FS(B)O created great difficulties for owners of tenement buildings of more than six storeys as facilities such as fire hose reels, sprinkler systems and fire services water tank were installed only for the safety of the shops on the lowest one or two floors and were not required by residential units upstairs. He suggested that the Government should allow aged buildings of more than three storeys to connect to the fire hose reel systems with public standpipes on the lowest three floors only to comply with the requirements in the “directions”. In addition, even if the required capacity of the fire services water tank was reduced from 2 000 litres to 500 litres, there would still be many problems in practice. The first problem was the inadequate loading capacity of the building and the second, the rooftop ownership issues. He urged the Government to further improve the relevant measures to more effectively assist owners of aged buildings in solving problems.

70. Mr William POON thanked Members for their views and enquiries on OBB 2.0 and gave a consolidated response as follows:

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(1) OBB 2.0 carried a number of features as follows: first, the scheme adopted the risk-based approach to focus its resources on buildings aged 50 or above as the greater the building age, the higher would be the risk. Meanwhile, the scheme mainly aimed at assisting domestic and composite buildings. When selecting the target buildings, the list and priority of target buildings, to be decided based on the risk assessment results, would be processed sequentially. The primary purpose of OBB 2.0 was to enhance building safety and assist the building owners in carrying out inspections and repair works as required under the MBIS to ensure the safety of the public, especially passers-by. In addition, OBB 2.0 would focus its resources on helping owners in need. It would only provide subsidy to owner-occupiers living in eligible buildings;

(2) A Member enquired why OBB 2.0 was to focus on buildings aged 50 or above first. As explained before, the buildings were selected on a risk-based approach. Therefore, the safety issues of some older buildings had to be addressed first. In addition, taking into account the capacity of the market, launching a large number of new projects within a short period of time should be avoided. Therefore, the Bureau would first focus on dealing with buildings aged 50 or above. It was expected that in the interim of OBB 2.0, i.e. in around 2020, a review on the scheme would be conducted, including identifying other building owners requiring assistance;

(3) Regarding Members’ views on providing assistance to owners of “three-nil” buildings, the targets of OBB 2.0 were divided into two categories of buildings. Category 1 buildings covered those whose owners were prepared to take up the organisation of the prescribed inspection and repair works as required under the MBIS. The targets of the first round of applications were eligible buildings which had not discharged outstanding MBIS notices. Taking into account that the owners of some eligible buildings (e.g. “three-nil” buildings) had difficulties in coordinating the prescribed inspection and repair works, the Buildings Department (“BD”) would classify them as Category 2 buildings based on the risk standards of buildings and carry out the requisite works in default of owners and seek to recover the cost from them afterwards. Eligible owner-occupiers of this type of building could also receive equivalent subsidies;

(4) In addition, many owners might not possess the experience of arranging and organising maintenance works, in particular how to select suitable contractors. The Bureau was also very concerned about the situation, such as the risk of “bid-rigging”. Therefore, all building owners participating in OBB 2.0 would have to participate in the “Smart Tender” Building Rehabilitation Facilitating Services Scheme (“the Smart Tender Scheme”) launched by the Urban Renewal Authority (“URA”). The three elements in the Smart Tender Scheme were as follows: first, owners would be provided with a DIY tool-kit which included sample tender documents and guidelines. Secondly, an independent advisor would be arranged to offer technical advice to owners and to give an assessment on the relevant costs to assist owners in considering whether the tender price was a reasonably estimated value in the market. Thirdly, there would be an electronic tendering platform for owners to engage contractors free from any interference, thereby reducing the risk of bid-rigging. Meanwhile, all buildings joining OBB 2.0 would be automatically registered for the Reno Safe Scheme 24

operated by the Police, which provided assistance to owners. In case of suspected illegal conduct during the coordination of works in the future, owners could contact the dedicated division of the Police for assistance; and

(5) Regarding the enquiry on whether OBB 2.0 would assist buildings in the rural areas in carrying out repairs, the scheme would focus on domestic and composite buildings aged 50 or above under the MBIS. Domestic buildings of three storeys or less would not be covered by the scheme. Nevertheless, a number of subsidy schemes, including the BD’s Building Safety Loan Scheme and other subsidy schemes launched by the URA and the HKHS, were currently providing subsidies to owners of buildings not covered by OBB 2.0. Elderly owner-occupiers in need could apply for a grant of $40,000 at maximum under the Building Maintenance Grant Scheme for Elderly Owners.

71. Mr LAU Kwok-fu gave a consolidated response as follows:

(1) He thanked Members for their enquiries. Regarding building maintenance, the FSD had canvassed the opinion of some residents over a period of time and he would like to share with Members the difficulties encountered in the past in dealing with the building maintenance issue of residents. In response to Member’s view that some fire services equipment might not be applicable on certain floors, when issuing a “direction” (i.e. fire safety direction), the executive department would make an independent assessment of each and every building, such as the kinds of equipment required by the building and the equipment that had to be connected to shops and residential floors. The fire services water tank was the required equipment in the fire hydrant and hose reel system, while the tanks of some hose reel systems should be installed on the rooftops of residential buildings;

(2) The types and capacities of fire services water tanks would vary depending on the number of floors and height of different buildings. The FSD launched the scheme to reduce water tank capacity from 2 000 litres to a minimum of 500 litres in 2016. Some buildings were able to comply with the requirements in the “directions” as a result of the scheme, showing that reduction in water tank capacity could help certain buildings in the issue. In practical terms, some buildings could withstand the water tank capacity of 2 000 litres. If the capacity of the fire services water tank was reduced to 500 litres, the size of the tank would only measure about 1.5 metres by 1.5 metres, which was only about the size of a two-door refrigerator;

(3) Regarding the rooftop ownership pointed out by a Member, the FSD would allow installation of fire services water tank at the staircase landing in certain buildings on a case-by-case basis. In fact, there were also successful examples. Some individual cases, especially the plenty buildings of four to six storeys in Yuen Long District, could be handled by the FSD’s case officers who would liaise with the owners to discuss solutions;

(4) A Member enquired why the hose reel system with standpipe supply was not extended to higher floors as the FSD already allowed the installation of such 25

system in some buildings of three storeys or less. In fact, the arrangement was based on the views of the joint working group between the FSD and the Water Supplies Department (“WSD”). According to the WSD’s expert advice , the water supply system was not able to directly reach the higher floors of buildings of more than three storeys due to the weak water pressure in general. Moreover, normal water pipes could not withstand high water pressure. Some Members or residents might ask why the water pressure could be increased during fire-fighting. Increasing the water pressure within a short time could indeed help fight the fire but there was possibility of water pipe bursts. Therefore, with reference to the WSD’s comments, water could be directly supplied to shops on the ground floor for a building of three storeys or less to comply with the requirements in the “directions”. Judging from the present circumstances, water could not reach higher floors due to the restriction on water pressure in buildings in general. Besides, the WSD was not able to directly increase the water pressure in response to residents’ demands because water pipes would burst under high water pressure for a long period of time;

(5) As regards other subsidy schemes, Mr William POON of the Development Bureau had given relevant information. In addition to the subsidy scheme for fire safety works, there were other schemes that could provide subsidies to owners directly. Government departments and relevant organisations would provide financial assistance especially to elderly owners of aged buildings;

(6) A Member enquired how building maintenance matters should be handled for buildings without OCs. He understood that Members sought proper maintenance and building management services in all buildings. Building maintenance was not a one-off issue. A good OC could definitely help with the maintenance issues of the building. In carrying out its work, the FSD was also aware that some buildings were not able to form OCs yet. Therefore, it would refer the information of the inspected buildings to the HAD for follow-up so as to assist these buildings in forming OCs; and

(7) Finally, some residents and Members enquired why the FSD did not refer to the practices of other departments, such as the repair orders issued by the BD which assisted owners in dealing with the problems first. The nature of the work of the BD and the FSD was different. The FSD’s scheme aimed at enhancing the fire safety in the entire building with the focus on facilitating organisation and carrying out of maintenance of the building and continue with the work in future. Therefore, it was not one-off. To deal with building defects on behalf of owners, the BD issued urgent repair orders to remove immediate danger. There was a difference between the two.

72. Regarding the loss of certificates/testing reports for fire-resistant doors by owners mentioned by Mr CHOW Wing-kan, Mr Tim CHING said the BD would adopt a flexible and pragmatic approach in handling individual cases. If owners could prove that the fire-resistant doors for their units had been replaced in the past one or two years despite the loss of supporting documents, they could contact the case officer to follow up. The case officer would review the situation and inspect the condition of the doors of the unit to ensure proper completion of the improvement works. If the conditions of the doors met the fire safety requirements, the owners 26 were regarded as having complied with the “directions”. Therefore, on the premise of not compromising basic fire safety, the BD would consider the situation in individual cases to take appropriate follow-up actions.

73. Ms YUEN Man-yee noted that OBB 2.0 focused on buildings aged 50 or above, but buildings aged 40 were also in need of repair and maintenance. In fact, some owners desired to repair their buildings but a small number of them were reluctant to do so which might be related to the high maintenance costs. As the quotations submitted by contractors for repairing a unit or units in the entire building varied greatly, works could currently be carried out in only a few old buildings. In addition, she thanked the members of the Building Improvement Division for attending the general meeting of the OC to brief residents who received the “directions” on the provisions and requirements of the FS(B)O.

74. Mr CHOW Wing-kan said as indicated by the BD representative, officers could be assigned to inspect fire-resistance specifications of the doors of the buildings and fire resistance rating of the materials. However, upon his enquiry, the FSD replied that photographic records had been made for the fire-resistant doors and owners were required to provide valid supporting documents or prosecution would be instituted against the owners with reference to the letter issued by the FSD. He said it was difficult for the owners to submit the supporting documents which were issued several decades ago. He was confused about the current arrangement and enquired whether the FSD could carry out site inspections and prove whether the doors satisfy the requirements of the FS(B)O as it was costly to replace the doors. In addition, the BD required that the height and width of the staircase of Yuen Fat House connecting the ground level should comply with certain requirements. He opined that the BD had already issued the occupation permit many years ago. If owners had not altered the staircase, it was in compliance with the requirements. He wondered why the height and width of the staircase did not satisfy the requirements.

75. In response to Ms YUEN Man-yee’s proposal of adjusting the age restrictions on the target buildings of OBB 2.0 downwards, Mr William POON said that the scheme would focus on some higher-risk buildings. In Hong Kong, there were currently about 5 300 domestic or composite buildings aged 50 or above, except domestic buildings not exceeding three storeys. In view of the capacity of the market, an excessive number of building repair works would not be launched under the scheme within a short period of time. About 500 buildings aged 50 years or above would be dealt with each year. An interim review would be conducted to make suitable arrangements according to the actual situation, such as taking Members’ views into account to review the age of buildings or other aspects where appropriate, in the hope to enhance the scheme and to involve more considerations, thereby helping more owners in need.

76. Regarding Mr CHOW Wing-kan’s enquiry with the BD representative on the unduly high entrance of Yuen Fat House, Mr Tim CHING said the officer concerned would contact Mr CHOW for follow-up.

77. Mr LAU Kwok-fu supplemented that regarding individual cases of buildings raised by a Member, law enforcement departments such as the BD and the FSD would assign a case officer for each building to follow up the cases and answer relevant enquiries in respect of fire safety 27 and building safety. Ms YUEN Man-yee’s remark that FSD officers had participated in the OC general meeting was true. In case residents sought Members’ help on building repairs, Members could inform the residents of the contact details of the case officer in each letter of “directions” issued by the FSD. If necessary, residents could contact FSD or BD officers who would provide more advice to owners having regard to the situation of individual buildings.

78. The Chairman concluded that Members welcomed OBB 2.0 and the subsidy scheme for fire safety improvement works launched by the Government, which would help owners of aged buildings to carry out repairs and improve building structure and fire safety. A Member pointed out that it was not adequate for the scheme to cover buildings aged 50 years or above only because there were already many structural or other problems with buildings aged 30 years or above and they required repairs. Therefore, most Members hoped that the department could consider extending the scheme to other aged buildings. In addition, a Member pointed out that the previous OBB and even the upcoming OBB 2.0 only offered assistance to buildings in the urban areas. Comparing with the buildings in the urban areas, houses in the rural areas were quite dilapidated. As buildings in the urban areas and houses in the rural areas were both for residential purposes, it was hoped that the BD and other departments would consider the views. In the rural areas, there were some dilapidated houses the owners of which also hoped to receive subsidy from the Government to repair the houses. Besides, many Members had enquired about the FSD’s “directions”. There were two main views as follows: first, if fire services water tanks were installed in some more dilapidated buildings with fewer storeys, they asked whether the buildings could withstand the load structurally. In addition, owners would encounter some problems in the sharing of maintenance costs. Therefore, a Member hoped that the department could exercise its discretion where appropriate, relaxing the “directions” without compromising building safety. Secondly, a Member hoped that the department could provide more support when helping owners in repairing their buildings, such as engaging contractors. In recent years, there had been many problems with building repairs. He hoped that the Competition Ordinance (Cap. 619) could eliminate “bid-rigging”. However, the legislation might not be able to solve all problems as many owners of aged buildings did not have the relevant knowledge to handle the maintenance of buildings. Therefore, he hoped that the Government could provide more support. On behalf of the YLDC, he thanked the departmental representatives again for attending the meeting.

Item 4: Question from Members: Mr WONG Wai-yin, Zachary, Mr MAK Ip-sing, Ms CHAN Mei-lin, Mr TO Ka-lun and the Hon KWONG Chun-yu proposed to discuss “consultation paper on the review of electoral arrangements” (YLDC Paper No. 78/2017) 79. The Chairman asked Members to take note of Paper No. 78/2017, in which Mr WONG Wai-yin, Zachary, Mr MAK Ip-sing, Ms CHAN Mei-lin, Mr TO Ka-lun and the Hon KWONG Chun-yu proposed to discuss “consultation paper on the review of electoral arrangements”. He also asked Members to take note of the reply from the Constitutional and Mainland Affairs Bureau (“CMAB”).

80. Mr TO Ka-lun was extremely disappointed that the CMAB did not send any representatives to the meeting. He considered that the consultation paper had a significant bearing on both DC Elections and LegCo Elections. The CMAB should not demand Members 28 to put forward their views just like the general public. Therefore, he regretted that the CMAB was not represented at the DC meeting.

81. Ms CHAN Mei-lin commented that the Government often remarked that the DC was an important advisory body. Regarding the consultation paper on the review of electoral arrangements, the Government should listen to the views from all sectors. She queried why the Government did not send representatives to the DC to listen to their views and considered the arrangement a slap on its own face, giving the impression that the Government consulted the DC only when there was a need and when not required, it paid no regard to the DC at all, giving no respect to the DC. In addition, the election was a major event that many Hong Kong people would participate in. It was very important no matter whether it was the DC or the LegCo Election. Therefore, the Government should appoint representatives to the DC to listen to the views and she expressed great dismay and dissatisfaction that the CMAB failed to send representatives to the meeting.

82. Mr MAK Ip-sing said whether it be the LegCo, the DC or the village representative election, the Government would usually carry out extensive publicity campaign. He considered the contents of the consultation paper very straightforward, recommending that polling hours be shortened. Despite the fact that Members expressed their views at the DC, the CMAB was not represented at the meeting. He noted that the CMAB was composed of officers of all levels. With sufficient manpower, it was doubtful the CMAB could not spare time to attend the DC meeting. He considered the arrangement very unreasonable and seemingly a waste of public money. The deadline for submission of views on the consultation paper by the public was 29 December. His views on the paper were as follows: first, he disagreed to shortening the polling hours. Secondly, gauging the public’s polling inclination by some unknown organisations during elections in the so-called exit polls would provide direction for the candidates to canvass votes. Therefore, he requested cancellation of the exit polls. Thirdly, the electoral system in Hong Kong imposed many restrictions on candidates, making the entire electoral arrangements cumbersome. While the Government should consult the DC on these issues, the CMAB failed to appoint representatives to attend the meeting, which he was gravely dissatisfied with. Despite CMAB’s failure to appoint representatives to the meeting, the DC could still express its views in writing. He considered that the CMAB did not respect the DC. Bearing in mind that communication was two-way, he suggested that the CMAB would only need to place its papers in DC Members’ trays without the need for discussion at the DC.

83. The Hon KWONG Chun-yu was dissatisfied with the CMAB as it failed to appoint representatives to attend the DC meeting. The DC should not even invite the department to send representatives to the meeting in writing. The CMAB should take the initiative to send staff to the DC meeting because the consultation paper was related to elections. If the Government respected the parliamentary culture in Hong Kong, it should appoint representatives to attend DC meetings. As the DC was a very important consultative platform, the CMAB should take the initiative to appoint representatives to discuss the electoral arrangements with the DC to seek Members’ views. Indicating the deadline for public consultation and reminding Members to express their views before the deadline in the paper was inadequate. In fact, in the past, it was no novelty that officials failed to visit the DC to solicit opinions. However, as the new-term Government stressed “public participatory”, he hoped that the Chairman or the Secretariat could subsequently assist the DC in expressing their views to the CMAB in writing, 29 taking this opportunity to deliver a strong message to the Government that it should not consult the DC only when support of the 18 DCs was needed. He queried why the Government did not even consult Members on some critical and operationally controversial projects and not a public officer attended the meeting. In that sense, Members’ words were like having fallen on deaf ears. He hoped that the DC would write to the CMAB requesting their officials to appoint representatives to attend the meeting and consult Members. In addition, he hoped that the culture of the Government not attending DC meetings would not grow. In case of similar situations in the future, he hoped to put them on record and then reflect the information to the Government.

84. Mr CHOW Wing-kan said the consultation paper’s recommendation on shortening the polling hours might prevent voters from casting their votes on time and in turn reduce the turnout rate. The Government had all along indicated its intention to increase the turnout rate and encourage more people to participate in elections. The consultation paper seemed to run contrary to the principles of the Government. According to the figures collected over the years, the hourly turnout rate of public housing districts in the first ten hours and that in the last five hours were similar. In other words, half of the people cast their votes in the last five hours. Shortening the polling hours might directly affect voting results and fairness. Therefore, he hoped that the authorities would consider the recommendations carefully.

85. Mr CHAN Sze-ching noted in the second paragraph in the Government’s reply that the Secretary for Constitutional and Mainland Affairs would meet with the Chairmen and Vice-chairmen of the 18 DCs in December and brief them on the issues covered by the consultation paper. He enquired whether the CMAB had already met with the DC Chairmen and Vice-chairmen.

86. The Chairman said the meeting was held the day before but he did not attend it.

87. Mr CHAN Sze-ching hoped that the Chairman or the Vice-chairman would convey his views to the CMAB to avoid missing the opportunity to reflect opinions. The CMAB had issued consultation paper on the review of electoral arrangements but had not appointed representatives to attend the DC meeting. Without showing respect to the DC the CMAB even requested DC Members in its reply to reflect their views in writing during the public consultation period. He considered that the Government’s public consultation existed in form only. Even if Members reflected their views in writing, it would not be useful. He suggested the Chairman write to the CMAB to reflect the views and express dissatisfaction.

88. Mr LAI Wai-hung said many residents in the New Territories emigrated to other places and possessed property, small houses and land in Hong Kong were not able to vote in the local elections. He hoped that the authorities could review the current polling arrangement as residents who had emigrated to other places were still members of Hong Kong having the right to vote.

89. Mr YIU Kwok-wai commented that the Government should carry out the consultation and review proactively. He shared Members’ views that the DC had taken the initiative to invite the bureau to the meeting but no representatives attended, which was indeed improper. He hoped 30 that the Chairman would write to the authorities to convey the views and reflect some views through this discussion. First, as the existing polling took a long time from 7 am to 10 pm, he hoped that the polling arrangement could be more “humane”. However, the “humane” polling arrangement had to be analysed from different perspectives. Some Members suggested not shortening the polling hours and extending the polling hours to allow more people to vote. But from another perspective, Members who had participated in elections were aware that vote counting had to be conducted after the closure of polling stations. The preliminary counting results would only be available around 1 am the earliest. In some highly competitive constituencies, vote counting often needed to be conducted overnight. If polling hours could be shortened, the arrangement could be more “humane”. In addition, although he did not have a specific stance, he also hoped to reflect the situation of some workers who needed to work on shifts on Sundays, making them impossible to vote during the polling hours. Members had to consider ways to achieve fairer and more “humane” elections because after all, no system was perfect. Besides, with regard to publicising election campaigns, he opined that online comments might sometimes cover election campaigns. Some considered it necessary to declare such online promotion. He considered it unnecessary if the online comments were merely personal sharing of information. Finally, on a Member’s view to cancel exit polls, he remarked that if the findings of the exit polls were used to influence the election, they should be regulated. However, as some academics might need to carry out studies through the exit polls, the cancellation would have a greater impact on them. Therefore, he hoped there was no regulation on this respect.

90. Ms WONG Wai-ling said the paper invited Members to express their views to the CMAB in writing. Regarding the arrangement for polling hours, many Members had just expressed their views on following the principle of not affecting members of the public to cast their votes. Some would like to complete voting early, while some wished to extend the polling hours as they had to work on shifts till midnight on Sundays. Therefore, she considered it impossible to accommodate the needs of all people. In addition, the public had an obligation to fulfil their civic responsibility to schedule themselves for voting. Regarding a view that staff of some polling stations had to complete vote counting overnight, she observed that some stations preferred to end the voting procedure earlier as not many people turned out. In each election, polling staff worked very hard and even overnight to recount the votes. She hoped that the authorities would strike a balance in respect of polling hours so that polling staff would have sufficient time to count the votes and reduce fatigue. In addition, the Internet was currently highly developed and hence the means of communication was very different from that in the past. With regard to some public opinions and views online, she hoped that the authorities could provide a clear guideline on the declaration of election campaigns, such as declaration of online comments to be regarded as candidates’ publicity and inclusion of the incurred expenses in the election expenses. Given the rapid development of the Internet, it might have a great impact on candidates and cause a lot of unnecessary misunderstanding without a clear guideline. Therefore, she urged the authorities to address this issue.

91. Mr LEE Yuet-man, MH shared the views that Members should fight for every opportunity to express their views on consultation papers, whether it was the Government which took the initiative to consult the DC or the DC which proposed to discuss the issues. This was the attitude that Members should have. This consultation paper was mainly divided into three parts: first, regulation of election advertisements published through the Internet, including social media. The consultation paper proposed some exemptions for certain situations, which Members having participated in elections would be aware of. He suggested stepping up 31 regulation and considered the current regulation on election advertisements too lenient. With advanced network communications nowadays, in case a candidate suspected that comments on the Internet were false and intended to report them to the Independent Commission Against Corruption (“ICAC”) or relevant departments, it would be very difficult to adduce evidence as it would be necessary to trace the exact identity of the people who uploaded the comments and finally the matter would end up in nothing. Such comments made on the Internet during an election would indeed affect the results of the election. The comments could be defamatory electoral strategies with some false statements. The Government should improve the regulatory work and should not grant any exemptions because too many exemptions would only open the floodgate for defiance of the law, affecting the fairness of elections. Besides, he considered it a matter of opinion with regard to the duration of polling. Drawing reference from practices overseas, the polling hours in some places might be very short but the same results could also be achieved. Some requested 24-hour voting arrangements, but even so, some would query why voting was only conducted on Sundays. He held the view that any arrangement for the polling hours would be controversial. If reducing the polling hours to a small extent could make it more effective, it would not be a bad idea to do so as the current duration of polling in Hong Kong was relatively longer than that in other places. Finally, regarding exit polls, he discovered in many elections that some projections of election results were published and the public was called on to vote for a certain candidate or a certain category of candidates on the mass media. He believed Members also understood what the matter was. He urged the Government to enhance regulation and not to deal with such situations leniently.

92. Mr TANG Cheuk-him shared the views of the Members who were dissatisfied that the CMAB failed to appoint representatives to attend the DC meeting, and suggested the Secretariat write to the CMAB to express their dissatisfaction. He considered it a matter of opinion with regard to the duration of polling. His personal experience was that in the last DC Election, counting of votes could only be completed at 3 or 4 am at a certain polling station. Some arrangements in the counting process were not proper. His electioneering team thought that the counting would be completed at 1 am, but it could only be completed at 3 am. Moreover, they thought that the Presiding Officer would declare the counting results after counting completed, but the staff only posted the results outside the polling station. In addition, noting the hard work of the counting staff, he suggested the authorities fully consider appropriate polling hours. He understood that elections in some places such as Taiwan would complete at around 4 pm, whereas in some places, elections would be conducted on two days. Such arrangements were worthy of our reference. In addition, he considered that some exit polls would be used to manipulate elections. Such possibility could not be ruled out. However, it was also necessary to respect academic research activities in relation to elections. Therefore, he maintained an open mind on the exit polls. Finally, he hoped that the CMAB could thoroughly consult various sectors on the practical arrangements for elections.

93. The Chairman concluded that Members were very dissatisfied with the authorities failing to appoint representatives to the meeting and had quite a lot of strong views on the consultation paper. Members’ views mainly focused on the three issues discussed in the consultation paper, namely, online election publicity, exit polls and polling hours. Regarding online publicity, exemptions for some online advertisements were proposed, but a Member considered that they should step up regulation rather than granting exemptions. As regards exit polls, some Members opined that elections attached the greatest importance to fairness. In the event that the results of exit polls might affect the fairness of elections, some Members suggested 32 regulating such activities. In terms of polling hours, Members had different opinions. Some considered the current electoral arrangements already very proper but some held that more people should be allowed to vote at different times and hoped that the polling hours could be extended. However, as indicated by some Members, the existing polling lasted as long as 15 hours which was very long for candidates, their agents and electoral staff, requiring their tedious work. Therefore, some Members preferred shortened polling hours. It was pointed out that in some places, despite the short polling hours, the turnout rate was very high. In conclusion, in light of different views on the arrangements, he urged Members to write to the authorities. Regarding the fact that the authorities were not represented at the meeting today, he would convey his dissatisfaction in writing via the Secretariat.

94. Mr LEUNG Fuk-yuen regretted that the Government did not appoint representatives to the meeting to respond to Members’ questions. The review of electoral arrangements was important. As compared with other regions, Hong Kong still lagged a long way behind in democratic development. In some countries, it was illegal for nationals not to cast their votes. The election day was even designated as a public holiday in some places so that their people could cast their votes to fulfil their civic responsibility. In fact, the CMAB should have attended such consultation meetings, but no government representative was present to respond to Members’ views and similar situations frequently occurred. The DC was a very important consultative body. Members spent a lot of time on discussion at meetings funded by public money. Therefore, he expressed dismay that the authorities were not represented at the meeting. It was pointed out that there were numerous false statements or reports on the Internet and some exit polls affected election results, the impact of which was very serious. In addition, the Government had not studied overseas voting arrangement. Elections in the United States would allow some nationals abroad to vote first. He proposed that the authorities consider allowing Hong Kong Permanent Identity Card holders residing abroad cast their votes. Finally, he considered enhancing the electoral system and its fairness deserve consideration and discussion by various sectors.

95. The Chairman said he had just concluded Members’ views and would write to the authorities to express the views via the Secretariat.

(Post-meeting note: On 2 January 2018, the Secretariat submitted the letter to the CMAB to express the views.)

Item 5: Question from Members: Mr WONG Wai-yin, Zachary, Mr MAK Ip-sing, Ms CHAN Mei-lin, Mr TO Ka-lun and the Hon KWONG Chun-yu proposed to discuss “use of DC logo or the approval procedure for the DC to co-organise activities with external parties” (YLDC Paper No. 89/2017) 96. The Chairman asked Members to take note of Paper No. 89/2017, in which Mr WONG Wai-yin, Zachary, Mr MAK Ip-sing, Ms CHAN Mei-lin, Mr TO Ka-lun and the Hon KWONG Chun-yu proposed to discuss “use of DC logo or the approval procedure for the DC to co-organise activities with external parties”. He also asked Members to take note of the reply from the Secretariat.

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97. Ms CHAN Mei-lin said this issue was related to the use of DC logo by external parties for publicity, such as some activities subsidised by the DC or co-organised with other parties. In accordance with prevailing practice, most applications would be considered by the Culture, Recreation, Community Service and Housing Committee (“CRCS&HC”). As not all DC Members had joined the CRCS&HC, its approval of the application could not represent the views of all DC Members. She suggested consulting all Members of the DC on the issues such as whether to allow external parties to use the DC logo, and to decide on co-organising activities with external parties and the approval procedures. This would enhance the representativeness of the DC and be more appropriate than endorsing the application by only some DC Members at the CRCS&HC currently. Although the CRCS&HC had been endorsing that type of application in the past, past practices were unnecessarily desirable. She hoped that more DC Members could express their views on the use of DC logo across the board.

98. Mr TO Ka-lun said this issue was proposed because, as stated in the paper, only elected members could represent residents and the DC to express views. Given that co-opted members were not returned by elections, he hoped to improve the existing procedures and rectify the problem. He considered it more desirable to hand over the power of approval of the use of DC logo to the DC as the representativeness of the DC was broader and more appropriate than that of other committees.

99. Mr Daniel CHAM, BBS, MH, JP said he had no particular views on the use of DC logo and co-organisation of activities with external parties, whether they were discussed by the DC or the committees. He had also discussed the issues with the Chairman before the meeting. He understood that the DC laid down the arrangements for the use of DC logo in 1992. At that time, the Social Services, Housing and Publicity Committee (“SSH&PC”), the then Chairman of which was Mr Zachary WONG, formulated the guidelines on the use of DC logo, which were implemented more than two decades ago. Over the years, not all applications were processed by the CRCS&HC or the then SSH&PC. A dual-track approach was implemented instead, i.e. the applications were sometimes processed by the DC and sometimes forwarded to the CRCS&HC as decided by the DC Chairman if the meeting schedule could not be met or the organisation was in urgent need. As a matter of fact, all applications should be discussed at meetings. He would consider circulation of papers only if they failed to meet the meeting date. However, he could not share Members’ views that from the constitutional perspective only Members could represent the DC and approval of applications by co-opted members who were non-Members was inappropriate. The Secretariat’s paper had clearly stated that co-opted members were appointed under section 71 of the District Councils Ordinance (Cap. 547). Committee members could exercise powers on behalf of the DC without violating the so-called “constitutional powers”. If there was query on the representativeness of co-opted members and suggested that they should not decide on the use of DC logo, then the CRCS&HC should not discuss applications for DC funds either as it included co-opted members, who were non-Members. As the agendas of CRCS&HC meetings were very long, he would not object to the proposal of handing consideration of all applications concerning the use of DC logo over to the DC to reduce the number of agenda items for the CRCS&HC but there would be substantial increase the workload of the DC Chairman. The DC Chairman had the power to decide on referring issues to any committees. For instance, at the beginning of this meeting, the Chairman referred several agenda items to different committees for follow-up. Over the years, when the DC Chairman considered it necessary to discuss at the DC the applications in relation 34 to the use of DC logo, arrangement would be made if the meeting schedule allowed. If it was impossible to meet the meeting schedule, the DC Chairman would refer the applications to the CRCS&HC, which was considered acceptable. Discussing the applications at the CRCS&HC fully complied with its constitutional duties, whereas the arguments raised by the Member who asked the question could not stand. Although there were views that the representativeness of DC Members might be higher, the arrangements had not violated the Constitution, the law or the rules of procedures. Therefore, Members should not query the powers of co-opted members. Should Members raised any query, they should not endorse the appointment of some 30 people to join the committees under the DC as co-opted members either later in the meeting. Co-opted members could exercise powers conferred by the DC, whether they were members of the CRCS&HC, the T&TC, the TP&DC or the Environmental Improvement Committee (“EIC”).

100. Mr MAK Ip-sing said if an organisation was applying for DC funds for an activity, it would normally be recommended by the CRCS&HC and then endorsed by the FC. Basically, publicity materials should have the words “Sponsored by Yuen Long District Council” or the DC logo printed on them. The problem was not significant for these applications. However, some organisations which did not apply for DC funds only invited the DC to co-organise activities and hoped to use the DC Logo in the publications. He considered it more appropriate for the DC to handle these applications as all DC Members would attend DC meetings. Regarding applications in respect of activities not seeking DC funds, he suggested soliciting the opinions of all DC Members or circulation of papers would be simpler and more desirable as not all Members had joined the CRCS&HC.

101. Mr LEE Yuet-man, MH said that the issue puzzled him. Some Members said they had not joined a committee and so they were not aware of its matters, but he recalled that a Member requested the Secretariat to provide him with the paper although he was not the committee member. He was worried that Members’ acceptance of the proposal in the issue would create a very serious problem because according to the logic of the issue, when a decision was made by a committee, such as the T&TC or the CRCS&HC, if a Member happened to be absent from the meeting on the day or was not a committee member, he would claim the committee did not represent the views of all Members and query the decisions. If that would be the case, the rules of procedures of the DC would have to be rewritten and appointment of co-opted members would not be required. He shared the views of Mr Daniel CHAM that if the arguments stood, no co-opted members would be appointed later as they were not elected and should be repealed. What made him more puzzled was that if in the future the CRCS&HC endorsed an application for DC funds but encountered Members’ query that the committee’s decision was not representing all DC Members, how the approved funds would be used. If the CRCS&HC could not even consider funding applications, the decision would be made by the DC in the end. He supported any arrangements made by the DC Chairman but if Members intended to pursue some objectives or express certain views, they had to clarify the logic and reason first. Applications for the use of DC logo would be submitted to the DC Chairman. Where necessary, the Chairman would arrange discussion at DC meetings or deal with them by circulation of papers. The Chairman could also refer the matter to the CRCS&HC or other committees for follow-up. As the Chairman had absolute power on the above matter, it was unnecessary for Members to entangle these general issues with the “constitutional system”. Finally, he said he would respect the decision of the DC Chairman.

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102. The Secretary thanked Members for their enquiries. Regarding Ms CHAN Mei-lin’s views, there were at present 25 Members at the CRCS&HC, i.e. more than half of the number of DC Members. Only 16 of the DC Members were not CRCS&HC members. The above figures could reflect the representativeness of the CRCS&HC. In addition, as stated by Mr Daniel CHAM, the DC had been considering applications for the use of DC logo since 1992, and such applications were subsequently handed over to the then SSH&PC. Past information that CRCS&HC was formerly known as SSH&PC was accurate. At that time, the use of DC logo was discussed at DC meetings and a decision was made to refer the matter to the SSH&PC. Therefore, chronologically, applications for the use of DC logo were first handled by the SSH&PC and then considered by the CRCS&HC. So far, such practice was still consistent. As Members had just said, most of these applications were considered by the CRCS&HC, whereas a small number of them by the DC if the meeting schedule allowed. According to past experience, the number of these applications considered by the CRCS&HC was higher than that by the DC. The Secretariat highly respected Members’ opinions and would continue to cooperate fully, whether the applications were considered by the CRCS&HC or the DC.

103. The Chairman concluded that he had checked the relevant ordinance with the Secretariat on the issue. First, regarding the power and representativeness of co-opted members, subsection (2) of section 71 of the District Councils Ordinance (Cap. 547) provided that a DC might appoint to a committee any person who was not a member if the person satisfied the qualifications. Subsection (5) of the same section also stipulated that a DC might delegate any of its functions to a committee. Therefore, under these two provisions and as suggested by Mr Daniel CHAM, the DC could refer the use of DC logo to a committee for discussion and endorsement, just as he referred some issues to other committees at the beginning of the meeting. In the past, all correspondences inviting the DC to co-organise activities and stating the intention to use the logo would be mailed to the DC Chairman directly. In accordance with the practice adopted by the DC for over two decades, having received the invitation from an organisation, he would exercise the Chairman’s discretion to forward it to the CRCS&HC. As regards the views on the Constitution, in accordance with Article 98 of the Basic Law, the powers and functions of the district organisations and the method for their formation shall be prescribed by law. The arrangement for DC and co-opted members was provided in the District Councils Ordinance. Therefore, there was no violation of the Constitution. Bearing this in mind, consideration by the DC or the CRCS&HC on applications for the use of DC logo currently was in compliance with the Constitution and the law. He had no specific views on the arrangement and such applications were not necessarily be considered by the CRCS&HC. He would not object either in case the meeting today proposed that the DC should consider applications in relation to the use of DC logo. Considering that the use of DC logo had been under the purview of CRCS&HC for many years, he suggested Members could continue to adopt the conventional practice. On the other hand, proposal by Members to refer the matter to the DC Chairman would be accepted. Above all, Members all hoped that the DC could be more credible and could help the public gain a better understanding of the DC and its work. Many organisations in society wanted to organise activities with the DC or enlisted its support. If DC’s consent was obtained, the organisations often prepared to use the DC logo on their publicity materials. These arrangements would be conducive to the publicity on the DC’s work as well. As the dates of activities might be nearing, seeking endorsement by the CRCS&HC at its bimonthly meetings might delay the activities. Meetings of the DC and the CRCS&HC were held in alternate months. If Members agreed to the proposal, he would consider referring them to the DC for consideration subject to their urgency. Where no DC meetings would be held in a month, he would make reference to past practices to relay the applications to the CRCS&HC. 36

If Members did not raise any objection, he would first decide on the use of DC logo in the future.

Item 6: Matters relating to the organisation of Yuen Long District Sports Festival 2018 (YLDC Paper No. 79/2017) 104. The Chairman asked Members to take note of Paper No. 79/2017, which was a letter from the Yuen Long District Sports Association (“YLDSA”) inviting the YLDC to co-organise Yuen Long District Sports Festival 2018 and proposing the YLDC to appoint representatives to join the Yuen Long District Sports Festival Organising Committee (“YLDSFOC”). Meanwhile, the YLDSA sought in-principle consent from the YLDC to hiring one Deputy Executive Coordinator (Sports) and two project officers from January 2018 with the overall expenditure for the recruitment of temporary staff not exceeding 25% of the approved project fund. The YLDSFOC would submit the budget to the CRCS&HC and the FC for consideration and endorsement in due course.

105. The Chairman said that the HAD had not confirmed the block allocation to the YLDC for 2018-19. Therefore, the funding for the activity would be subject to the budget of the YLDC for 2018-19 formulated by the FC.

106. The Chairman asked Members to raise their hands to indicate their interest in joining the YLDSFOC.

107. The Chairman said Members joining the YLDSFOC as the YLDC’s representatives included Mr Daniel CHAM, BBS, MH, JP, Ms CHIU Sau-han, MH, Mr KWOK Keung, MH, Mr LEE Yuet-man, MH, Ms MA Shuk-yin, Mr MAK Ip-sing, Ms WONG Wai-ling and Mr Zachary WONG.

108. Members endorsed the above-mentioned co-organisation and the candidates to serve on the YLDSFOC, and in principle agreed to the recruitment of temporary staff.

Item 7: Yuen Long Youth Festival 2018 (YLDC Paper No. 80/2017) 109. The Chairman asked Members to take note of Paper No. 80/2017, in which Yuen Long Town Hall Management Committee Limited invited the YLDC, the YLDO and the Yuen Long District Youth Programme Committee to co-organise Yuen Long Youth Festival 2018 from May to July 2018. It was also proposed that the YLDC Chairman be the provisional convenor of the Yuen Long Youth Festival Organising Committee (“YLYFOC”) and assign 12 DC representatives to join the YLYFOC. If Members agreed with the proposed mode of joint organisation, the YLYFOC would submit the budget and expenditure breakdown of the activity to the FC for consideration and endorsement in due course.

110. The Chairman said if Members raised no objection, the YLDC Chairman would continue to be the provisional convenor, and asked Members to raise their hands to indicate their interest in joining the YLYFOC. 37

111. The Chairman said Members who indicated their interest in joining the YLYFOC included Mr CHING Chan-ming, Ms MA Shuk-yin, Mr TANG Cheuk-him, Mr TO Ka-lun, Ms WONG Wai-ling and Mr Zachary WONG. Members who were not present at the meeting would be invited to join the YLYFOC which comprised of 12 places via the Secretariat after the meeting.

(Post-meeting note: Members who indicated an interest in joining the YLYFOC after the meeting included the Vice-chairman, Mr WONG Wai-shun, MH, Mr CHOW Wing-kan, Mr KWOK Hing-ping, Mr LEUNG Ming-kin, Mr TANG Ho-nin and Mr Ronnie TANG. Together with the 6 Members who indicated an interest in joining the YLYFOC at the meeting, there were a total of 12 Members representing the YLDC to join the YLYFOC.)

112. Members endorsed the above arrangement.

Item 8: Endorsement of the list of co-opted members of Committees under YLDC for 2018-2019 (YLDC Paper No. 81/2017) 113. The Chairman asked Members to take note of Paper No. 81/2017, setting out the 39 co-opted members for 2018-2019 nominated by Members.

114. Members endorsed the list of co-opted members for 2018-2019 as set out in the paper.

Item 9: Report on work progress of District-led Actions Scheme 115. The Chairman invited Mr Enoch YUEN, JP, District Officer (Yuen Long) and Mr Nixon NG, Assistant District Officer (Yuen Long) 1 to report on the latest progress of the District-led Actions Scheme (“DAS”).

116. Mr Nixon NG briefed Members on the latest progress of the DAS.

117. Mr LEE Yuet-man, MH said the DAS had all along been a major project in Yuen Long District. DC Members in other districts were all making reference to the experience in Yuen Long District, especially in respect of the highly effective way abandoned bicycles were tackled. DC Members in other districts commended the government departments on combatting illegal parking of bicycles in Tin Shui Wai and Yuen Long Town and their satisfactory results. He took this opportunity to thank the YLDO for implementing the DAS which achieved considerable results under the current policy framework. Indeed, there were problems of inadequate bicycle parking spaces and indiscriminate parking of bicycles but there had been significant improvement after implementation of DAS. Given different circumstances of individual districts, it hinged on whether the District Officer and the Assistant District Officer in the district had taken the initiative to address the problems. Members might already have noted that the District Officer (Yuen Long) was the coordinator in rallying various departments to proactively 38 address the problems and achieve considerable results. To gain success, the DAS required the assistance from relevant departments. Without the assistance from the HD, the FEHD, the Police and the District Lands Office, Yuen Long (“DLO/YL”), the remarkable results could not be achieved. He hoped that besides sustaining the work, the District Officer (Yuen Long) could seek more resources to enhance, sustain and improve the DAS so that the problems of illegal parking of bicycles and street obstruction could be addressed more effectively.

118. Mr LEUNG Ming-kin opined that departments had shown great drive in curbing illegal parking of bicycles under the DAS. He identified private and government land from the different tile shapes in the photos in the powerpoint presentation. However, it was difficult to clarify the ownership of the place between the two areas. Therefore, he considered that the Government had made vigorous effort in addressing the problem of illegal parking of bicycles on different types of land. Some management companies and developers planned to carry out beautifying works outside housing estates but the illegally parked bicycles outside the estates had given the residents a poor perception. In addition to the DAS, the Government had also taken swift actions against the illegally parked bicycles of the so-called “shared bicycle” rental companies. After he had lodged a complaint via the government hotline 1823, the bicycle was removed within 15 minutes, indicating that the Government was making vigorous effort in addressing the problem. Moreover, the larvicidal oil that the Government used in weeding and anti-mosquito activities was mostly black in colour, which could be a perceived eyesore as it was not transparent. Furthermore, people would easily slip on the ground after spraying the larvicidal oil. Elderly people were injured after slipping on the ground after larvicidal oil was sprayed, and therefore he suggested using anti-slip oil as far as practicable. It seemed not desirable when many children found the smell of the larvicidal oil pungent, and oil spraying caused the death of some trees. Therefore, he suggested using some non-toxic and odourless larvicidal oil in the future.

119. Mr LEUNG Fuk-yuen said the DAS was formerly known as the Pilot Scheme on Enhancement of District Administration (“Pilot Scheme”). Upon completion, the Pilot Scheme in Sham Shui Po District and Yuen Long District provided a reference to all 18 districts. Therefore, he considered the results of the Pilot Scheme in Yuen Long District outstanding. Yuen Long District comprised Yuen Long Town and the six villages. To carry out grass-cutting and anti-mosquito work in the six villages in Yuen Long, it was necessary for the FEHD to provide manpower and resource support to achieve similar results. As an old town, Yuen Long Town suffered from serious and intolerable road congestion a few years earlier. Fortunately, the DAS was currently in place to step up efforts to remove illegal shop extensions and street obstructions, and the situation had greatly improved. As the Chairman of the EIC, he considered that the District Environmental Hygiene Superintendent (Yuen Long), the District Officer (Yuen Long) and the Assistant District Officer (Yuen Long) were actively addressing the problems and hoped that the work could be sustained to improve the environmental hygiene in Yuen Long District. As regards larvicidal oil, he once saw two people slipped on the ground sprayed with larvicidal oil. He had some knowledge on larvicidal oil and found that the larvicidal oil currently in use was slippery. He had no particular views on the colour of larvicidal oil as long as it could be easily identified. However, the smell of larvicidal oil was relatively strong. He suggested distributing a free can of larvicidal oil to each village for the village head to decide how to apply the larvicidal oil so as to improve the current situation. He said the RCs would also assist in publicity. He hoped that the scheme would be sustainable, whereas Members would also continue to contribute to environmental management and hygiene 39 in the district.

120. The Vice-chairman said under the DAS, the YLDO coordinated various departments in district matters with satisfactory results. Sustained effort was required as he found signs of resurgence in some places. For instance, illegal shop extensions and street obstructions in the vicinity of Fung Yau Street North and Fung Kwan Street remained unaddressed. On another occasion, he had reflected the situation to the District Environmental Hygiene Superintendent (Yuen Long) and the District Officer (Yuen Long). He considered that some problems were more difficult to handle. For example, in his constituency, some businesses were causing great nuisances and posing a danger to residents, but those problems were not covered by the DAS. He was of the view that some long-standing, major and difficult problems could be solved by other means. He expressed his wish that departments could further step up coordination and explore ways to improve the situation so that the scheme could be more effective.

121. Mr CHING Chan-ming said departments worked well with each other in the DAS and deserved commendation. The Departmental Reports in the progress report of the Yuen Long District Management Committee (“DMC”) mentioned application for change of land use for operation of temporary carparks. As no one engaged in farming on a number of rural land lots, the land lots were abandoned and converted into temporary carparks. Since the PlanD frequently took action against such temporary carparks, the person in charge of the carparks drove the vehicles away and parked them at different locations to avoid being prosecuted, causing nuisances to residents. In view of inadequate parking spaces in Yuen Long District, residents used public transport to commute on Mondays to Fridays and might park their vehicles in remote rural areas until Saturdays and Sundays. He raised the issue of temporary carparks in the rural areas at the DMC meeting. He hoped that the PlanD could exercise its discretion and expeditiously approve the application for using the rural land lots for operation of temporary carparks. Even if the PlanD had approved the application, the applicant had to apply for short term tenancy at the DLO. Taking along processing time of the application would be undesirable. Therefore, he hoped that relevant departments could make corresponding changes if justified.

122. Mr TO Ka-lun found only one illegally parked “shared bicycle” from the photos in the powerpoint presentation. He understood that the problem of illegal parking of “shared bicycles” had been worsening. In addition, he noted that only chemicals, such as larvicidal oil, were being used for anti-mosquito work currently. After discussion with Mr TANG Ka-leung on the use of more environmentally-friendly methods for anti-mosquito work, it was discovered on the Internet a product called solar insect lamp. He suggested the department explore more environmentally-friendly ways for anti-mosquito work.

123. Mr TANG Ka-leung said government departments, in particular the FEHD, had been concerned about anti-mosquito work over the past years. Recently, there had been several cases of Japanese encephalitis in Yuen Long District. Hidden worries still existed. The Government was putting enormous efforts on anti-mosquito work, such as regular distribution of mosquito traps and larvicidal oil to villagers and village heads. The focus of anti-mosquito work was on “prevention” and “effectiveness”. First, working for a short period of one to two days, larvicidal oil and pesticides ceased to be effective very soon and the mosquito problem still existed. He suggested the department explore environmentally-friendly ways which were 40 harmless to ecological habitats like solar insect lamps. He suggested installing solar insect lamps at, for example, bus stops, in the rural areas. It might be more effective than larvicidal oil because of longer duration to facilitate management.

124. Mr TSANG Shu-wo said there was long-term accumulation of wastewater on a piece of abandoned agricultural land in Mong Tseng Wai in Heung, resulting in a serious stink. It was also reported in newspapers that the location was believed to be the origin of Japanese encephalitis in the district. For the benefit of the health of the residents in Mong Tseng Wai, Tin Shui Wai and Yuen Long Town, he proposed to cover or fill up the area, which could effectively prevent breeding of mosquitoes. The effect of larvicidal oil was unsatisfactory as the oil would degrade rapidly. He did not find big issues with the DLO and the Environmental Protection Department (“EPD”) in dealing with the above problem in Mong Tseng Wai. Only the PlanD had no specific response. He hoped that the Chairman could visited Mong Tseng Wai with him after the meeting and that the Secretariat would assist in contacting government departments to solve the problem.

125. Mr TANG Cheuk-yin said it was evident that the DAS was very effective and a very good measure in Yuen Long District. The results of tackling shop obstructions, illegal extensions, illegal parking of bicycles, and anti-mosquito work were all outstanding. As stated by Mr LEUNG Ming-kin, larvicidal oil would make the ground wet and slippery. He recalled that in the past a worker of the village office poured half a bucket of undiluted larvicidal oil on the ground, making the ground very wet and slippery and many people slip. He enquired whether there was larvicidal oil of other textures which would not make the ground too slippery. He considered the smell of larvicidal oil acceptable and the black larvicidal oil could heighten people’s awareness. A better way would be to putting up a sign at the location after application of larvicidal oil for easy identification by passers-by, minimising potential hazards.

126. Mr MAK Ip-sing noted the success of DAS in the past few years and praised the work of various departments. “Shared bicycles” were parked in public places indiscriminately, especially during the initial period of the operation of those rental companies, making the problem rather serious. The companies placed a large number of bicycles in the community and parked them next to legal and occupied bicycle parking spaces. He hoped that the YLDO or the FEHD would address the issue. Recently, a number of “shared bicycles” had been parked near the bicycle parking spaces on Fung Heung Street. These bicycles occupied the roads and caused nuisances to residents. The same situation was observed in the area outside Greenfields. He hoped the department would follow up. Regarding shop obstructions and illegal extensions, loads of goods of a mega supermarket on Fung Cheung Road were placed on the footpath and the carriageway, which was an access for minibuses. Large goods of the supermarket were seriously obstructing the road. It would be difficult to change the operation mode of the supermarket with lots of goods loaded and unloaded every day and placed at roadsides. He hoped that the YLDO or the FEHD could address the problem.

127. Mr Enoch YUEN, JP thanked Members for their enquiries and recognition of the DAS. He and Mr Nixon NG would carefully make reference to past experience, listened to Members’ views, and endeavoured to achieve better results. The DAS required inter-departmental cooperation and constant seeking of advice on local issues from Members before action was 41 taken. He would continue to take forward the work with this spirit.

128. Mr Nixon NG noted some Members’ views on the poor smell of larvicidal oil and its likeliness to cause people slip after application. He would reflect the views to the HAD so as to identify and procure larvicidal oil of better quality.

129. The Chairman thanked Mr Enoch YUEN and Mr Nixon NG for their responses.

Item 10: Progress reports of Committees i) Yuen Long District Management Committee (YLDC Paper No. 82/2017) ii) District Facilities Management Committee (YLDC Paper No. 83/2017) iii) Culture, Recreation, Community Service and Housing Committee (YLDC Paper No. 84/2017) iv) Environmental Improvement Committee (YLDC Paper No. 85/2017) v) Finance Committee (YLDC Paper No. 86/2017) vi) Town Planning and Development Committee (YLDC Paper No. 87/2017) vii) Traffic and Transport Committee (YLDC Paper No. 88/2017) 130. The Chairman asked Members to take note of Paper Nos. 82 to 88/2017 for the progress reports of the committees.

131. Members noted the progress reports of Yuen Long District Management Committee and the committees under YLDC.

Item 11: Any Other Business (i) Follow-up issues relating to “bicycle-sharing business should not be allowed to occupy the roads illegally” raised by Mr LEE Yuet-man, MH (YLDC Paper No. 90/2017) 132. The Chairman asked Members to take note of Paper No. 90/2017, which was about the follow-up issues relating to “bicycle-sharing business should not be allowed to occupy the roads illegally” raised by Mr LEE Yuet-man, MH. He also asked Members to take note of the reply from the Transport and Housing Bureau and the bicycle rental companies’ replies in response to the enquiries were circulated at the meeting.

133. The Chairman said the issue had been discussed in detail at the previous DC meeting. He hoped to take this opportunity to inform Members of the replies from the relevant bureau and bicycle rental companies.

134. Members noted the above replies.

(ii) Matters relating to Members joining and withdrawing from the Committees under YLDC 135. Members endorsed the application for Mr WONG Cheuk-kin to withdraw from the FC. 42

(iii) Motion of Thanks 136. The Chairman said he had received a motion moved at the meeting by the Chairman, Mr SHUM Ho-kit, the Vice-chairman, Mr WONG Wai-shun, MH, Mr Daniel CHAM, BBS, MH, JP, Ms CHAN Mei-lin, Mr CHEUNG Muk-lam, Mr CHOW Wing-kan, Mr KWOK Keung, MH, Mr LEE Yuet-man, MH, Mr LEUNG Fuk-yuen, Mr LUI Kin, MH, Mr MAN Ping-nam, MH, Mr TANG Sui-man, Mr TANG Lai-tung, Mr TSANG Shu-wo, Mr WONG Cheuk-kin and Mr YIU Kwok-wai, and seconded by Mr CHAN Sze-ching, Mr CHING Chan-ming, Ms CHIU Sau-han, MH, Mr KWOK Hing-ping, the Hon KWONG Chun-yu, Mr LAI Wai-hung, Ms LAU Kwai-yung, the Hon LEUNG Che-cheung, SBS, MH, JP, Mr LEUNG Ming-kin, the Hon LUK Chung-hung, Ms MA Shuk-yin, Mr MAK Ip-sing, Mr MAN Kwong-ming, Mr SIU Long-ming, Mr TANG Cheuk-him, Mr TANG Cheuk-yin, Mr TANG Hing-ip, BBS, Mr TANG Ho-nin, Mr TANG Ka-leung, Mr TO Ka-lun, Ms WONG Wai-ling, Mr YOUNG Ka-on and Ms YUEN Man-yee. The motion was read as follows:

“This Council expresses heartfelt gratitude and praise towards the distinguished performance of Mr MAK Chun-yu, Edward, the former District Officer (Yuen Long), who has served Yuen Long District with diligence, commitment and dedication for more than four years.”

137. An open ballot on the motion was conducted by a show of hands. The Chairman, Mr SHUM Ho-kit, the Vice-chairman, Mr WONG Wai-shun, MH, Mr CHEUNG Muk-lam, Mr CHING Chan-ming, Ms CHIU Sau-han, MH, Mr CHOW Wing-kan, Mr KWOK Keung, MH, Mr LAI Wai-hung, Ms LAU Kwai-yung, Mr LEE Yuet-man, MH, Mr LEUNG Fuk-yuen, Mr LEUNG Ming-kin, Ms MA Shuk-yin, Mr MAK Ip-sing, Mr TANG Cheuk-yin, Mr TANG Hing-ip, BBS, Mr TANG Ka-leung, Mr TO Ka-lun, Mr TSANG Shu-wo, Mr WONG Cheuk-kin, Ms WONG Wai-ling, Mr YIU Kwok-wai, Mr YOUNG Ka-on and Ms YUEN Man-yee were in favour of the motion.

138. The Chairman announced that the motion was passed with 24 votes in favour. On behalf of the YLDC, he thanked Mr MAK Chun-yu, Edward again for his assistance to the DC in the past.

139. The Chairman declared the meeting adjourned. He thanked departmental representatives and Members for attending the meeting.

Yuen Long District Council Secretariat February 2018

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