1. the Meeting Was Resumed at 9:50 A.M. on 1.12.2011. 2. the Following
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1 - 1. The meeting was resumed at 9:50 a.m. on 1.12.2011. 2. The following Members and the Secretary were present in the morning session: Mr. Thomas Chow Chairman Mr. Stanley Y.F. Wong Vice-chairman Mr. B.W. Chan Professor Edwin H.W. Chan Mr. Y.K. Cheng Dr. C.P. Lau Mr. Roger K.H. Luk Dr. W.K. Yau Director of Lands Miss Annie Tam Director of Planning Mr. Jimmy Leung 2 - Agenda Item 1 [Open Meeting] Matters Arising [The meeting was conducted in Cantonese.] 3. The Secretary reported that on 27.5.2011 and 1.6.2011, the Board heard the representations and comment in relation to the draft Ngau Tau Kok and Kowloon Bay Outline Zoning Plan (OZP) No. S/K13/26 and decided to partially uphold a number of representations. One of the proposed amendments was to revise the building height restriction (BHR) of the Kai Tak Mansion site from 110mPD to 130mPD. On 30.6.2011, the proposed amendments were gazetted under s.6(C) of the TPO. Upon expiry of the statutory exhibition period, 286 further representations (FRs) were received. The hearing of the FRs was scheduled to be held on 9.12.2011. The 286 further representers, 1299 related representers and one commenter had been notified of the hearing arrangement and the scheduled hearing date. 4. The Secretary said that on 25.11.2011, it was reported to the Board that the Secretariat had received 18 requests for deferral of hearing of further representations to the end of January 2012. The Board agreed that the deferment request should not be acceded to as the further representers had not provided any strong reason to support the request. Subsequently, the Secretary received 12 more requests from the further representers for deferral of the further hearing to the end of January 2012. The reasons for deferral put forward by the 12 further representers were similar to those provided by the 18 requests received earlier. 5. After deliberation, the Board decided not to defer the hearing of the further representations. 3 - Agenda Item 2 [Open Meeting (Presentation and Question Session only)] Consideration of Representations and Comments to the Draft Tseung Kwan O Outline Zoning Plan No. S/TKO/18 Group 2: R1(part) to R2467, R2468 (part) to R2479, C1(part) to C66, C67(part) to C163, C164(part) to C166 and C167(part) to C205 (TPB Paper No. 8939) [The meeting was conducted in Cantonese.] 6. Prior to inviting representers, commenters and government representatives to the meeting, the Chairman brief Members that the Board announced at the last session of the meeting held in the afternoon of 30.11.2011 that the hearing of the representations and comments to the draft Tseung Kwan O (TKO) Outline Zoning Plan (OZP) No. S/TKO/18 would be resumed at 9:00 a.m. on 1.12.2011. The representers and commenters who were present at the last session of the meeting were informed of the time for resumption of the meeting. The Chairman also pointed out that Ms. Fong Kwok Shan (Representer No. 2464) had requested at the last session of the meeting that the hearing of the representations and comments should be resumed in the afternoon on 1.12.2011 so that she, other representers or representers’ representatives could be able to attend the meeting. In this regard, it had already been made clear to Ms. Fong at the meeting that it would not be able to fix a time which would suit all persons. Members agreed to proceed with the hearing of the representations in the absence of the other representers and the commenters who had indicated that they would not attend the hearing, had made no reply to the invitation to the meeting or did not turn up. 7. The following representatives of the Planning Department (PlanD), Environmental Protection Department (EPD) and Transport Department (TD) were invited to the meeting at this point: Mr. Ivan M.K. Chung - District Planning Officer/Sai Kung and Islands (DPO/SKIs), PlanD Mr. Wilfred C.H. Cheng - Senior Town Planner/Tseung Kwan O, PlanD 4 - Mr. Stephen K.S. Lee - Town Planner/Tseung Kwan O, PlanD Dr. Ellen Y.L. Chan - Assistant Director (Environmental Infrastructure), EPD Mr. Lawrence M.C. Lau - Principal Environmental Protection Officer (Waste Facilities), EPD Mr. Tommy K.L. Lai - Senior Environmental Protection Officer (Waste Facilities), EPD Ms. Heidi M.C. Lam - Environmental Protection officer (Waste Facilities), EPD Mr. Wallace Y.M. Yiu - Environmental Protection officer (Waste Facilities), EPD Mr. Ma Kwai Loeng - Senior Engineer/Housing & Planning/New Territories East, TD 8. The following representer’s representatives were also invited to the meeting: R2464 (Fong Kwok Shan) Ms. Au Yeung Ching Yi ) Ms. Yim Ka Yi ) Representer’s Representatives Mr. Fong Yue Ching ) 9. The Chairman extended a welcome. He said that the Board had clearly announced in the afternoon session of the meeting on 30.11.2011 that the hearing of the representations and comments to the draft TKO OZP No. S/TKO/18 would be resumed on that day, i.e. 1.12.2011, at 9:00 a.m. The Chairman pointed out that although Ms. Fong Kwok Shan (Representer No. 2464) had requested at the meeting yesterday that the hearing of the representations and comments should be resumed in the afternoon on 1.12.2011 to enable her, other representers or representers’ representatives to attend the meeting, he had 5 - made clear to Ms. Fong that it would not be able to fix a time which would suit all persons. Taking into account that it was already 9:50 a.m. and Members had already been waiting for more than 45 minutes, Members had agreed to proceed with the meeting in the absence of other representers and commenters. 10. The Chairman then explained the procedures of the hearing and said that to enable all representers, commenters and their representatives to have the opportunity to present and to avoid a prolonged hearing process, the oral submissions should be succinct and should avoid repeating the same points or arguments which had already been presented by others at the hearing. Those who had already made oral presentations at the meeting yesterday would not be allowed to make representation again at this meeting. 11. The Chairman then invited R2464’s (Fong Kwok Shan) representatives to elaborate on their representations. R2464 (Fong Kwok Shan) Ms. Yim Ka Yi (representative) 12. Ms. Yim Ka Yi made the following main points: (a) the Chairman said that the Board could not schedule the meeting to suit each representer/commenter. However, it should be noted that the scheduled meeting time at 9:00 a.m. on that day was not convenient to most representers; (b) both the TPB Members and the residents of TKO were very tired after having a very long meeting yesterday. Besides, some residents had to go back to their working place this morning to apply for leave before they could come to attend the hearing. Moreover, many residents did not even know about the resumption of hearing this morning and that was why only three representer’s representatives had turned up at the meeting. The Board had failed to take into account the above practical problems in fixing the meeting schedule for the hearing; 6 - (c) many residents intended to present their views at the meeting. However, they were not able to do so because of the unreasonable meeting schedule; and (d) with such arrangement, it was doubtful if the Board really wanted to listen to the views of the residents. 13. The Chairman said that Members who were present at the hearing last night were in good physical conditions and fit for attending the resumed meeting that morning. He reiterated that Members had agreed at the meeting the night before that the hearing should be resumed at 9:00 a.m. on 1.12.2011. Moreover, on 16.11.2011, the Secretariat of the TPB wrote to the representers and commenters informing them about the scheduled resumed hearing dates of 30.11.2011 and 1.12.2011. 14. Ms. Yim Ka Yi said that while the Chairman had responded to her query, the Board had not made any arrangement to the meeting schedule to meet the actual circumstances. The residents had not been given a fair hearing due to the meeting arrangement. Ms. Yim said that the Board was a statutory consultation body and should be a channel for the Government to communicate with the general public. On the contrary, the Board’s practice was only to hinder the communication between the Government and the public. 15. Mr. Fong Yue Ching asked whether the representers were only informed at the meeting the night before that the hearing would be resumed at 9:00 a.m. that day. It was very unreasonable to give such a short notice as the representers needed to make arrangement to take care of their family members or to apply for leave before attending the meeting. 16. The Chairman reiterated that Members had agreed at the meeting the night before that the hearing should be resumed at 9:00 a.m. on 1.12.2011. Moreover, on 16.11.2011, the Secretariat of the TPB had informed the representers and commenters in writing about the scheduled hearing dates of 30.11.2011 and 1.12.2011. The Chairman asked Ms. Yim Ka Yi if she intended to make presentation and if not, Members would proceed to the question and answer session (Q&A session) and would be invited to ask 7 - questions.