The minutes were confirmed on 25.6.2019 without amendment.
Minutes of the Second Meeting of Yuen Long District Council in 2019
Date : 16 April 2019 (Tuesday)
Time : 9:30 a.m. – 4:45 p.m.
Venue : Conference Room, Yuen Long District 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, JP (Beginning of the meeting) (1:45 p.m.) 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) (End of the meeting) Mr CHAN Sze-ching (9:50 a.m.) (1:45 p.m.) Mr CHEUNG Muk-lam (Beginning of the meeting) (4:00 p.m.) Mr CHING Chan-ming (Beginning of the meeting) (1:45 p.m.) 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 (10:30 a.m.) (3:40 p.m.) Mr KWOK Keung, MH (Beginning of the meeting) (4:00 p.m.) The Hon KWONG Chun-yu (10:30 a.m.) (1:45 p.m.) Mr LAI Wai-hung (Beginning of the meeting) (1:45 p.m.) Ms LAU Kwai-yung (Beginning of the meeting) (End of the meeting) Mr LEE Yuet-man, MH (Beginning of the meeting) (1:45 p.m.) The Hon LEUNG Che-cheung, (Beginning of the meeting) (1:00 p.m.) SBS, MH, JP Mr LEUNG Ming-kin (Beginning of the meeting) (End of the meeting) Mr LUI Kin, MH (Beginning of the meeting) (End of the meeting) The Hon LUK Chung-hung, JP (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) (3:40 p.m.) Mr MAN Mei-kwai, Jimmy (Beginning of the meeting) (1:45 p.m.) Mr SIU Long-ming, MH (Beginning of the meeting) (End of the meeting) Mr TANG Che-keung (Beginning of the meeting) (1:45 p.m.) Mr TANG Cheuk-him (Beginning of the meeting) (11:00 a.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) (1:45 p.m.) Mr TANG Ka-leung (Beginning of the meeting) (End of the meeting) Mr TANG Lai-tung (Beginning of the meeting) (1:30 p.m.) Mr TANG Sui-man (Beginning of the meeting) (12:30 p.m.) Mr TANG Yung-yiu, Ronnie (Beginning of the meeting) (3:40 p.m.) Mr TO Ka-lun (Beginning of the meeting) (End of the meeting) Mr WONG Cheuk-kin (Beginning of the meeting) (3:30 p.m.) Mr WONG Wai-yin, Zachary (Beginning of the meeting) (End of the meeting) Mr YIU Kwok-wai (Beginning of the meeting) (4:00 p.m.) Mr YOUNG Ka-on (Beginning of the meeting) (End of the meeting) Ms YUEN Man-yee (Beginning of the meeting) (End of the meeting)
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Secretary: Ms PANG Ka-fong, Cindy 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) Ms POON Wai-yi, Joanna Assistant District Officer (Yuen Long) 1 (Atg.) Ms CHEUNG Lai-wa, Senior Liaison Officer (1), Yuen Long District Michelle Office Mr FONG Kai-kit, Frankie Senior Liaison Officer (2), Yuen Long District Office Ms OR Lai-kum, Christina Senior Liaison Officer (3), Yuen Long District Office Mr LAM Chi-keung, Desmond Chief Engineer/West 1, Civil Engineering and Development Department Ms KEE Wing-yin, Fionn Chief School Development Officer (Yuen Long), Education Bureau Mr TSOI Ka-wai District Environmental Hygiene Superintendent (Yuen Long), Food and Environmental Hygiene Department Mr LEE Wai-man District Commander (Yuen Long), Hong Kong Police Force Mr LEUNG Tsz-kin Police Community Relations Officer (Yuen Long District), Hong Kong Police Force Ms WONG Pui-chun Chief Manager/Management (Tuen Mun and Yuen Long), Housing Department Ms CHAN Suet-ching, Angela District Lands Officer/Yuen Long (District Lands Office, Yuen Long), Lands Department Mr WONG Yat-keung, Clement Administrative Assistant/Lands (Atg.) (District Lands Office, Yuen Long), Lands Department Mr WONG Shu-yan, Francis Chief Leisure Manager (New Territories North), Leisure and Cultural Services Department Mr NG Yuk-man, David District Planning Officer (Tuen Mun and Yuen Long West), Planning Department Ms CHU Wing-yin, Diana District Social Welfare Officer (Yuen Long), Social Welfare Department Mr LEUNG Ka-lok, Kelvin Senior Transport Officer/Yuen Long 2, Transport Department
Item II Mr CHAN Chung-ching, Director of Lands Thomas, JP Ms CHAN Suet-ching, Angela District Lands Officer/Yuen Long (District Lands Office, Yuen Long), Lands Department Mr WONG Yat-keung, Administrative Assistant/Lands (Atg.) (District Clement Lands Office, Yuen Long), Lands Department Mr LOU Yin-yee, Joanne Senior Estate Surveyor/Training (Lands Administration Office, Training Section), Lands Department
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Item VI Mr LAU Chun-kit, Ricky, JP Director of Civil Engineering and Development Mr LAM Chi-keung, Desmond Chief Engineer/West 1, Civil Engineering and Development Department Ms CHEUNG Lok-man Senior Engineer/Public Relations (Atg.), Civil Engineering and Development Department
Item X Mr LIU Yiu-wai, Patrick Principal Environmental Protection Officer, Environmental Protection Department Mr LEUNG Tai-loy, Derek Senior Environmental Protection Officer, Environmental Protection Department Mr LAM Tsun-yin, Senior Environmental Protection Officer (Atg.), Christopher Environmental Protection Department Mr MAK Lin-fat Senior Engineer, Ove Arup & Partners Hong Kong Ltd.
Item XI Ms LEUNG Chui-ha, Jodi Regional Officer/New Territories West, Independent Commission Against Corruption Mr NG Yuk-wing, Terry Senior Community Relations Officer, Independent Commission Against Corruption
Absence Ms WONG Wai-ling Absent with apologies
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Opening Remarks The Chairman welcomed Members and departmental representatives to the second meeting of the Yuen Long District Council (“YLDC”) in 2019.
2. The Chairman extended a particular welcome to three newly appointed ex-officio Members, Mr CHING Chan-ming, Mr Jimmy MAN and Mr TANG Che-keung, and thanked the outgoing Members, Mr LEUNG Fuk-yuen, Mr Man Ping-nam and Mr TSANG Shu-wo for their service to the YLDC.
3. The Chairman also extended a particular welcome to Mr Thomas CHAN, JP, Director of Lands (“D of L”) to the meeting.
4. The Chairman welcomed Ms Cindy PANG, the newly appointed Senior Executive Officer of the YLDC, who succeeded Mr Bill KONG, to the meeting. On behalf of the YLDC, he thanked Mr KONG for his assistance to the DC in the past.
5. The Chairman also welcomed the following departmental representative to the meeting:
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Transport Department Senior Transport Officer/Yuen Long 2 Mr Kelvin LEUNG (Stood in for Mr KWONG Ka-yin, Chief Transport Officer/NT North West)
6. As for the agenda, the Chairman said he was delighted Director Thomas CHAN was attending today’s meeting with Members, and knew he would be pleased to share his views with Members on land matters in the district. He suggested dealing with Items II to V together, namely Item II “Meeting with the Director of Lands”, Item III “Problems arising from the enforcement of the Land (Miscellaneous Provisions) Ordinance (Cap. 28 Laws of Hong Kong) by the Lands Department”, Item IV “A request that the LandsD review policies on land resumption and rehousing compensation for development projects”, and Item V “Expediting the assessment of applications for redeveloping small houses and old buildings, and suspending the demolition of squatter structures”. He also invited Mr CHAN to exchange views with Members.
7. The Chairman also said that Mr Ricky LAU, JP, Director of Civil Engineering and Development, would attend the meeting later in the day and share his views with Members on development projects in the district. He suggested dealing with Items VI to IX together, namely Item VI “Meeting with the Director of Civil Engineering and Development”, Item VII “A request that the CEDD respect the YLDC’s views on the development of the district”, Item VIII “Developing slip roads for Yuen Long Highway, optimising the use of the existing roads, and easing the traffic flow at Pok Oi Roundabout”, and Item IX “A request to expedite the implementation of traffic improvement proposals for the sections of Shap Pat Heung Road connecting Tai Tong Road, Kiu Hing Road and Kung Um Road”. The Chairman also invited Director Ricky LAU to exchange his views with Members, while requesting them to seize the time and keep their speeches concise as the two Directors would have other duties to perform.
8. The Chairman said the two Directors had also met with Members at recent meetings, where Members had actively reflected the opinion of the local community. He suggested according to past practice a short adjournment period after the meeting with the first Director, so that Members could submit petition letters to the second Director and take photos with him. The Chairman also said that the issues raised by Members would usually be discussed together if they were related to matters handled by the visiting director, and that Members who had raised the issues would be allowed to speak first. He welcomed discussion of issues raised by Members, but said they should each raise no more than one question for the visiting head of department in order to run a fair, efficient meeting.
9. Members did not raise any objection.
10. The Chairman suggested the item raised for discussion by Mr Zachary WONG, Mr MAK Ip-sing, Ms CHAN Mei-lin, Mr TO Ka-lun and the Hon KWONG Chun-yu, namely “how the abandoned Tin Shui Wai Cycling Entry/Exit Hub could be put to good use”, be dealt with by the District Facilities Management Committee (“DFMC”).
11. The five Members had also proposed discussion on “the proposal to introduce temporary markets in the south and north of Tin Shui Wai respectively”. Mr CHOW Wing-kan moved the motion of “urging the Food and Health Bureau to give details on the proposal to introduce a wet
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market at Tin Fuk Road, conduct a feasibility study on opening a market managed by the Food and Environmental Hygiene Department (“FEHD”) in the north of Tin Shui Wai, and introduce a temporary market in Tin Shui Wai as a transitional arrangement”. The motion was seconded by Mr Daniel CHAM, BBS, MH, JP and Mr CHAN Sze-ching. The Chairman suggested referring the two issues to the Environmental Improvement Committee (“EIC”).
12. The Chairman suggested referring to the Traffic and Transport Committee (“T&TC”) two issues proposed for discussion by Mr LEE Yuet-man, MH, namely “Protest the MTRC for fooling Hong Kong people with railway incidents and fare increases every year”, and “Don’t move the goalposts on the settlement readings for works suspension at Tin Wing Station”.
13. The Chairman suggested referring two issues proposed for discussion by Mr CHAN Sze-ching, namely “Problems related to the Government rent for DC Members’ offices” and “Problems related to non-government organisations (“NGOs”) collecting Caring and Sharing Scheme (“CSS”) application forms on behalf of the Government” to the Town Planning and Development Committee (“TP&DC”) and the Culture, Recreation, Community Service and Housing Committee (“CRCS&HC”) respectively.
14. The Chairman also said that the items proposed for discussion by Mr LEE Yuet-man, MH, namely “Expedite the clean-up of the mess left behind from the minor works project in Tin Shui Wai” and “Protest the demolition of the Harbour Plaza Resort City hotel and its redevelopment into residential blocks in breach of land lease and relevant terms”, had been left out of the agenda. As the Director of Civil Engineering and Development and the D of L were attending today’s meeting, the Chairman believed that if Members put forth relevant views when they spoke, the two Directors would be very pleased to exchange their views with them.
15. The Chairman said that Mr Zachary WONG had informed the Secretariat before the meeting about his wish to make an oral statement at the meeting, and suggested he should do so after Item XIX.
16. Regarding the Chairman’s suggestion that the oral statement be delivered after Item XIX, Mr Zachary WONG said the past practice was that Members would be scheduled to make an oral statement either before discussion of the first item, at the beginning of the afternoon meeting, or prior to discussion of the issues raised by Members. He asked the Chairman why he had been scheduled to make the oral statement near the end of the meeting.
17. The Chairman said the Secretariat had already issued the agenda at the time of being informed by Mr Zachary WONG about his request to present an oral statement at the meeting. As his request was made after other items, the agenda was prepared according to the time of submission.
18. Mr Zachary WONG said any Members wishing to make a request to deliver an oral statement at the meeting would usually give the Secretariat a notice of this after the issue of the agenda. Pursuant to the District Council Standing Orders (“Standing Orders”), they could do so only one clear working day prior to the meeting. He said that the time arranged for him to make
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an oral statement during the meeting this time was later than in the past.
19. The Chairman said that, as he had just said at the meeting, the agenda had been prepared according to the time of submission and Mr WONG’s request was the last item received by the Secretariat. Asked by a Member whether all oral statements would be placed at the bottom of the agenda, the Chairman said that, although any Member should give the Secretariat a notice of request one clear working day in advance of the meeting pursuant to the Standing Orders, this could also mean that they should do so more than one clear working day in advance. When Members notified the Secretariat earlier about their oral statement request, they would be scheduled to make the statement earlier at the meeting.
20. Mr Zachary WONG said that Members were required to put up all the matters on the agenda for discussion 14 clear working days in advance of the meeting, so they would put forward their oral statement request after other agenda items. He was perplexed by the arrangement this time as Members used to submit the request only one clear working day in advance.
21. Mr LEE Yuet-man, MH said he supported the Chairman’s decision as the Standing Orders gave him the powers to deal with all the items on the agenda. He said he had asked before why after an item he put forth late for discussion could not be discussed together with the item “Meeting with the Director”. He said he respected the powers conferred by the Standing Orders on the Chairman and abode by the rules for the meeting to ensure that the meeting would be conducted smoothly. He also pointed out that the Chairman had the power to decide on the priority of an oral statement on the agenda. He supported the arrangements made by the Chairman, and hoped discussion would commence sooner.
22. Mr YIU Kwok-wai said that, pursuant to Order 29 of the Standing Orders, “a member who wishes to make a written statement at a meeting is required to send his or her statement to the Secretary 14 clear working days before the meeting. A Member who wishes to make an oral statement at a meeting shall notify the Secretary one clear working day in advance of the meeting with the permission of the Chairman. An oral statement should not take more than two minutes.” According to his understanding, the Chairman had already given consent to the Member’s request to make an oral statement and made no arrangements which were in breach of the Standing Orders. Therefore, he supported the Chairman’s decision.
23. Mr TO Ka-lun echoed Mr Zachary WONG’s views, saying that Members used to make their oral statements before discussion of the first agenda item or at the beginning of the afternoon session of the meeting. He requested the Chairman to clarify the reasons for the arrangements.
24. The Chairman thanked Members for their comments, saying that, as he had just said, Mr WONG’s oral statement request was the last motion received and was thus made the last agenda item according to the time of submission. He said it was a usual practice of the meeting and the Committee. Pursuant to Order 29 of the Standing Orders, a Member wishing to make an oral statement at the meeting was required to give the Secretariat one clear working day’s notice in advance. He said there were no rules to stop Members from informing the Secretary earlier but they should do so if they wished to make an oral statement earlier at the meeting.
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25. Members had no objection to the agenda.
Item I: Confirmation of the minutes of the first meeting of Yuen Long District Council (“YLDC”) in 2019 26. The minutes of the 1st meeting of the YLDC in 2019 were confirmed.
Item II: Meeting with the Director of Lands
Item III: Question from DC Member: Mr CHAM Ka-hung, Daniel, BBS, MH, JP proposed discussion on “problems arising from the enforcement of the Land (Miscellaneous Provisions) Ordinance (Cap. 28 Laws of Hong Kong) by the LandsD” (YLDC Paper No. 27/2019)
Item IV: Question from DC Member: Mr CHAM Ka-hung, Daniel, BBS, MH, JP proposed discussion on“a request that the LandsD review policies on land resumption and rehousing compensation for development projects” (YLDC Paper No. 28/2019)
Item V: Question from DC Member: Mr CHING Chan-ming proposed discussion on “expediting the assessment of applications for redeveloping small houses and old buildings, and suspending the demolition of squatter structures” (YLDC Paper No. 29/2019) 27. The Chairman once again welcomed Mr Thomas CHAN, JP, D of L, to the meeting with Members, and referred them to Papers Nos. 27-29 on their questions regarding land matters in the district. The Chairman also welcomed the following representatives of the District Lands Office (Yuen Long) (“DLO(YL)”) and the Lands Department (“LandsD”) to the meeting:
The District Lands Office (Yuen Long) District Lands Officer/Yuen Long Ms Angela CHAN Acting Administrative Assistant/Lands Mr Clement WONG
The Lands Department Senior Estate Surveyor/Training Ms Joanne LOU
28. Mr Thomas CHAN, JP said he was delighted to meet with Members and listen to their valuable views, and then briefed them on the work of the LandsD with the aid of a PowerPoint presentation.
29. Mr Daniel CHAM, BBS, MH, JP, said the LandsD had encountered enforcement difficulties when invoking the Land (Miscellaneous Provisions) Ordinance (Cap. 28) to tackle the problem of temporary and unlawful Government land occupation. For example, the Authorities could not remove an illegally parked bicycle until after 24 hours from the time of affixing the enforcement notice, but the owner in most cases had removed or moved the bicycle before the deadline. He pointed out that a notice period was defined as a period of not less than 24 hours, as the legislative intent of the Ordinance was to target cases of prolonged Government land occupation. However, he was of the view that the notice period should not apply to certain cases of temporary Government land occupation, such as the illegal parking of bicycles and the temporary occupation
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of Government land for setting up a shop front platform. He suggested that the LandsD should seek guidance from the Court on the interpretation of the notice period in relevant legislations and grant a reasonable notice period according to the nature of temporary occupation to ensure effective law enforcement. He said he had requested in writing the Ombudsman to investigate the problem. On the other hand, he suggested the Government review policies for land resumption compensation and rehousing arrangements in new development areas, as the current system determined ex-gratia compensation rates for land resumption cases comprising four compensation zones, namely A, B, C and D. As new development areas covered vast areas and most of the sites there were of high economic value, he suggested the Authorities introduce new compensation zones for land in new development areas to facilitate land resumption for development purposes. Although a small number of squatter residents would be forced to move out from new development areas in Hung Shui Kiu, Kam Tin South and Yuen Long South because of land resumption, the population of Yuen Long District would increase by 400 000 accordingly. He suggested the Authorities follow the practices of the mainland government to adopt lenient compensation and screening policies so that affected residents could receive better compensation packages. This could help mitigate their opposition against land resumption. He suggested the Government move with the times in respect of land resumption policy and offer more reasonable compensation to landowners and their tenants affected by land resumption and resettlement.
30. Mr CHING Chan-ming said that the Government should handle all land resumption matters according to the maximum Zone A ex-gratia compensation rates, although the compensation offered according to the Zone A ex-gratia compensation rates was far smaller than the market value of the land resumed. Owners of private land in Zone A currently received ex-gratia compensation at $1,348.8 per square foot, and the compensation for land resumed in Zone B, Zone C and Zone D was even smaller. However, the proceeds generated from the auction of land resumed far exceeded the amount of compensation. He suggested that the Government should handle all cases of resuming private land in the new development zones according to the Zone A ex-gratia compensation rate. On the other hand, he pointed out the Authorities were slow in vetting and approving applications for redeveloping small houses and old buildings in recent years, citing some cases where applicants had waited for at least 10 years. He hoped the LandsD would hire more staff to expedite the processing of applications. On the other hand, he said the Government’s prevailing squatter control policy had been too harsh, under which only original types of building materials should be used for the repairs of squatter structures and the occupant’s failure to remove unauthorised structures within 28 days would result in land seizure. He described the policy as “draconian measures”.
31. The Vice-Chairman said the Government would set land lease requirements for the developer of a development project to carry out works to enhance surrounding community facilities. He cited the development project at the West Rail Yuen Long Station as an example, saying LandsD’s request in the land lease for the developer to construct a footbridge was a highly cost-effective measure with the least implications for the community. The developer could pay a smaller premium accordingly. On the other hand, the YLDC had previously discussed the case of a developer applying by way of Land Exchange arrangements to build a hotel near Yau Tin East Road. He suggested that, if the developer filed the application again, the Government should propose a land lease requirement for the developer to deck the nullah at Yau Tin East Road. Separately, he noted that developers had been exploiting loopholes in land lease clauses to control car-parking spaces, and requested the LandsD to cancel the parking arrangements for non-reserved parking spaces, tighten lease conditions and formulate measures to safeguard residents’ rights to use parking spaces. Also, quite a number of residents had relayed to him that the usage rates of car parks at many large shopping malls were very low at night but occupants of residential
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developments atop shopping malls were often allotted remote parking spaces. He suggested the Government regulate the sale and lease of parking spaces in private development projects through land lease conditions so as to address the problem of insufficient parking spaces.
32. Mr CHAN Sze-ching said that he had to pay a market rent to the Government for the use of a shipping container office located beneath a footbridge to serve the public, but private sports clubs paid a nominal rent to the Government and made profits on Government land with a handsome portion of their revenues generated from membership fees. He disagreed with the situation and enquired about the LandsD’s criteria for land grant and rent collection. He knew that other DC Members had also had difficulties in the rental of work office premises, and thus hoped the LandsD would apply the same criteria to the processing of applications from private sports clubs and DC Members for leasing Government land. Separately, regarding the management of car parks by Link Asset Management Limited (“Link”), the District Lands Officer/Yuen Long had earlier clarified that only Tin Shing Court residents and their bona fide visitors could lease parking spaces in the car park of the housing estate, but Link let parking spaces to non-residents on an hourly or floating basis in breach of the pledge as stated in the land lease between the company and residents in respect of letting of parking spaces. He suggested the Authorities resume the site on the grounds that Link had breached the lease terms. On the other hand, as the D of L said, causing hygiene problems constituted one of breaches of land lease conditions that would be addressed as priority. As the hygiene problem in rear staircases in the car park had remained unsolved for many years, he suggested the Authorities resume the car park on the grounds of breaches of land lease conditions and leave it to be handled by the Housing Department (“HD”).
33. Mr CHEUNG Muk-lam said that quite a number of development projects initiated by the Government had come to a standstill due to problems, such as land resumption compensation. He pointed out that the Government had yet to reach a consensus with the stakeholders of the North East New Territories New Development Areas (“NENTNDAs”) Project and the Hung Shui Kiu New Development Area (“HSKNDA”) on the arrangements such as land resumption compensation, so land resources could not be released for development. He suggested that the Government should review the land resumption policy, which had been in place for more than two decades, and should increase land resumption compensation and improve rehousing arrangements so those affected by land resumption could cooperate with the Government to accelerate the pace of development. On the other hand, he pointed out the LandsD had been too slow in vetting and approving applications for erection or redevelopment of small houses. As a result, some applicants needed more money to finance the works or could not afford to get started as construction costs had gone up considerably because of inflation. As indigenous inhabitants were not eligible for public rental housing, he hoped the Government could address their housing needs. At last, he considered the prevailing squatter control policy was unreasonable, citing that the original types of building materials should be used for the repair works of squatter structures and the squatter registration number would be cancelled upon detection of unauthorised building works. He demanded the Authorities review the policy.
34. Mr CHOW Wing-kan said the development of a piece of land would be restricted if it was zoned as a site of special scientific interest, a marine reserve, a green belt or a nature conservation zone. However, developers would lobby the landowner to sell them the land at low prices, and then apply to the Government to convert the land for development purposes. This was unfair to the landowner and gave the impression of collusion between the Government and developers. He suggested the Government follow the UK approach of offering compensation for the land zoned as protected or restricted development area. Separately, he suggested the
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Government apply the ex-gratia land compensation rate for Zone A to all resumed land to avoid unfairness, citing different land pieces in a development area had different values for resumption. On the other hand, he noted that, according to the land resumption policy in the Mainland, all permanent residents of a rural village converted into an industrial zone or an industrial park would be given shares in compensation for the loss of their land resumed to ensure fairness. He suggested the Government follow suit and offer other types of compensation to landowners to facilitate the process of land resumption.
35. Mr KWOK Keung, MH hoped the LandsD could seriously take the issue of illegal bicycle parking, which the YLDC had discussed for quite some time. He noted that there were not many Ordinances that could be invoked to tackle the issue. Although the LandsD could affix a notice on bicycles in accordance with the Land (Miscellaneous Provisions) Ordinance (Cap. 28) for removal by their owners within 24 hours, law enforcement agencies could take no action if the notice was removed from the bicycle. He suggested the LandsD roll out drastic measures to address the problem. He suggested the Government remove illegally parked bicycles upon detection, deploy container vehicles to collect them, and keep them in a warehouse for reclamation by their owners upon payment of a fine. Unclaimed bicycles would be recycled or disposed of at landfills. He said the existing measures could not effectively deter illegal parking of bicycles, which had seriously affected the appearance of the district. He suggested the Government amend the law so as to resolve the problem effectively.
36. Mr Ronnie TANG said the Government had been correct in resuming New Territories land to develop public and private housing to address the housing needs of the public, but the rehousing needs of squatter occupants had not been addressed well. He suggested the Government adopt the “rehousing before clearance” principle for the people, most of whom were awaiting public housing. They wanted another abode rather than a big sum of money from the Government. He hoped the Government could give thought to the poor as they led a difficult life in Hong Kong, where home prices were very high. On the other hand, he hoped the Authorities could make better rehousing arrangements for local villagers affected by road works in Kam Tin South.
37. Mr LEE Yuet-man, MH said the LandsD vetted and approved the master layout plans of development projects according to the terms and conditions of the land lease, which protected the rights and interests of relevant stakeholders. However, the recent application to the Town Planning Board (“TPB”) for redeveloping the Harbour Plaza Resort City hotel in Tin Shui Wai into a residential project had contravened both the master layout plan and the terms and conditions in the land lease, and would undermine the interests of residents and property owners of other phases of Kingswood Villas. He said the redevelopment project did not meet property owners’ expectations for the surrounding living environment when they purchased the property. He said that redevelopment should not commence before the consent of the residents and property owners of other phases of Kingswood Villa was obtained or would be tantamount to deceiving the owners. He hoped the LandsD could perform the gatekeeping role properly, citing the application to convert the Harbour Plaza Resort City hotel in Tin Shui Wai (Kingswood Villa Phase 4) into a residential project could affect the overall planning for Tin Shui Wai. On the other hand, he pointed out that there were a mass of construction waste and fallen trees in an open area near Kenswood Court of Kingswood Villas, which was reserved for construction of Light Rail facilities. He suggested the LandsD clear the construction waste and replant trees in collaboration with the CEDD to enhance the environment.
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38. The Hon LEUNG Che-cheung, SBS, MH, JP said that, according to the prevailing squatter control policy, any illegal extensions should be removed immediately or would be subject to immediate actions, including the cancellation of squatter survey number and demolition of unauthorised structures. He said the Government euphemistically called it “enforcement actions”, but this caused great disturbance to squatter residents not conversant with the policy. He pointed out that the existing squatter residents were mostly the elderly with a low level of education. They repaired their squatter huts damaged by Typhoon Mangkhut, but the LandsD said the repair works were illegal. This was unfair to them, because they did not know the relevant policy and broke the rule. He suggested the Authorities adopt a lenient policy and exercise its discretion to give them an opportunity to make corrections. On the other hand, he said that, in the case demanding a judicial review of the Small House Policy, the Court ruled that indigenous inhabitants did not have any right to build small houses by way of Private Treaty Grant (“PTG”) or Land Exchange arrangements, but Ms Maria Tam, a member of the Basic Law Drafting Committee, had openly said that the two methods of building small houses had been considered in the drafting of Article 40 of the Basic Law. He said that the Government should appeal on behalf of indigenous inhabitants over the judicial review case.
39. Ms MA Shuk-yin said that, if the Authorities approved the application to turn the Harbour Plaza Resort City hotel in Tin Shui Wai into a residential project, the number of Tin Shui Wai residents would increase by more than 10 000 thus exerting great pressure on transport and community facilities. As the existing Light Rail, West Rail and bus services had failed to meet demand during peak hours, the new population intake would only make it more difficult to board a public transport vehicle. Many employees of the Harbour Plaza Resort City hotel in Tin Shui Wai would also face the risk of unemployment. She hoped the D of L could give serious consideration to the application. Separately, regarding the problem of illegal bicycle parking in Yuen Long District, she said that illegally parked bicycles were mostly dilapidated and left unattended for some time, and they blocked passageways, obstructed street cleaning work and could even cause physical injury to passers-by. She said the Government should be determined to work out effective enforcement methods to tackle the problem.
40. Mr MAK Ip-sing said that a developer applied in September last year to build an infill residential block next to Residence 88 at Fung Cheung Road by way of Land Exchange arrangements, under which the developer exchanged for and bought a quarter of land area of the entire project from the Government. More than 2 000 residents at Residence 88 and Grand Del Sol launched a signature campaign to oppose the application. He said that it was very unreasonable to swap for more than one quarter of Government land in the project. He said the DLO(YL) would reject the application to heed public opinion. On the other hand, he pointed out that local footbridges had been seriously affected by illegally parked bicycles. He said the LandsD had achieved little success in tackling the problem in accordance with the Land (Miscellaneous Provisions) Ordinance (Cap. 28), and hoped that the problem could be dealt with more seriously. On the other hand, he had received many assistance requests from residents demanded by the LandsD to rectify irregularities pertaining to unauthorised building works on their squatter structures and private housing within 28 days otherwise their land would be taken possession of. He opined that the LandsD had made very unreasonable demands and was abusing its law enforcement powers. Lastly, he suggested the Government identify a site in Tin Shui Wai North for construction of temporary market facilities to address calls by local residents.
41. Mr Jimmy MAN said the law should punish lawbreakers but the LandsD should not resort to fines and imprisonment only to deter illegal land occupation. He said the Department
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should instead work harder to improve the people’s livelihood and provide assistance to members of the public. On the other hand, with regard to the squatter control policy, he suggested the Authorities should lift the restriction that building materials used in repair work for squatter structures should conform to the Squatter Control Survey (“SCS”) record. He suggested squatter occupants be allowed to use better quality materials, citing certain building materials, such as asbestos tiles, were harmful to the human body. Given the unsatisfactory living conditions in Hong Kong, the Government should not be too harsh towards squatter residents to avoid arousing strong feelings.
42. Ms LAU Kwai-yung hoped the Authorities would try to identify sites for providing more car-parking facilities to address inadequate public transport services and a serious shortfall of parking spaces in Tin Shui Wai. She suggested last year provision of about ten more monthly parking spaces at the car park of Tin Fu Court under the purview of the HD to ease the demand, but no further information about this had been heard so far after the HD said the suggestion had been referred to the LandsD for approval. She hoped the D of L would urge his colleagues concerned to expedite the vetting and approval process. On the other hand, she had made a written request to the LandsD that more banner locations be provided for conveying messages to the public more effectively, but its reply was that the proposed locations were identified to be unsuitable for displaying banners. However, the LandsD had approved other requests for the same banner locations. She hoped her request would be taken into consideration again.
43. Mr YIU Kwok-wai said that Members needed banners to disseminate messages to members of the public, especially the residents of private housing estates. He hoped the D of L would follow up on this, and consider the possibility of providing more banner locations for Members. On the other hand, he hoped the Authorities could properly perform municipal work, such as weeding and removing rubbish and stagnant water, on Government land and even land not under the ambit of any Government departments. While the LandsD had carried out joint operations with other Government departments to curb illegal acts, such as illegally drying clothes on Government land, he opined that all Government departments should have sufficient resources in the long run to perform different municipal tasks so as to meet public expectations. He said that Government land could be left idle for several years and whenever the public lodged a complaint with a Government department, it would be only after weeks that officers would be deployed to take enforcement actions. He said the Authorities should augment the manpower and resources to improve municipal work with a view to improving the community environment.
44. In the court case demanding a judicial review of the Small House Policy, the Court ruled that indigenous inhabitants did not have any right to build small houses by way of PTG or Land Exchange arrangements. Mr TANG Che-keung asked what the Government would do next, and whether it would lodge appeals. He noted that the Government had continued to resume land to satisfy the housing needs of Hong Kong people. However, while a member of the public would be allocated a public rental flat after three to five years, indigenous inhabitants applying for construction of a small house would have to wait ten years or even a longer time for approval. For example, after the Government resumed land from landowners of Ha Mei San Tsuen, Yuen Long, through the implementation of the Village Expansion Areas Scheme in 1994, the scheme had been put on hold later and villagers could no longer apply for small house construction. He hoped that the D of L would properly address housing problems facing Ha Mei San Tsuen villagers.
45. Mr TANG Ho-nin said that there had been many comments that the Government had
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reserved more than 900 hectares of land as “Village Type Development” sites, after the Court handed down the judgment for a judicial review case pertaining to the Small House Policy, but the fact was that the scope of “Village Type Development” sites had never been expanded since 1972. He requested the Government to clarify the matter to avoid any public misunderstanding that indigenous inhabitants had been treated favourably. The LandsD would suspend the receipt of new applications for building small houses by way of PTG or Land Exchange arrangements as well as the processing of applications already received for PTG or Land Exchange arrangements. He said that the handling of the applications were unfair to small house construction applicants. On the other hand, he noted that the Government was resuming land from indigenous inhabitants at discounted prices for public housing development. He said this was unfair to indigenous inhabitants who were not eligible for small house construction or public housing accommodation. Lastly, he said he would join rural committee representatives to meet with the District Lands Officer (Yuen Long) over the slow pace on the part of the LandsD in vetting and approving applications for erection or redevelopment of small houses.
46. Mr TANG Cheuk-yin said that the LandsD was responsible for matters relating to the sales and resumption of land. The Authorities sold land at high prices and handled compensation matters pertaining to resumed land through an ex-gratia zonal compensation system consisting of four compensation zones (i.e. Zones A, B, C and D), where the maximum ex-gratia compensation rate (Zone A) was only $1,348.8 per square foot. He noted that the Government back then acquired land from indigenous inhabitants in Kam Tin at low prices and sold them through auction at high prices for the implementation of a development project at the West Rail Kam Sheung Road Station. This was unfair to Kam Tin indigenous inhabitants as the Government did not reveal that there would be a development project atop the railway station. On the other hand, he requested the Government to clarify the matter about the reservation and zoning of 900 hectares of land for “Village Type Development”, in order not to cause any public misunderstanding that the Government had treated indigenous inhabitants favourably and reserved a large quantity of land for them to build small houses. Lastly, the judgment handed down on a judicial review of the Small House Policy had had a major negative impact on indigenous inhabitants. While villagers usually had to wait ten years or a longer time for the green-light to build a small house, villagers affected by the suspension of the Village Expansion Areas scheme had waited more than two decades and still heard nothing about their applications. Therefore, he said that it was unreasonable for the Government to suspend the receipt of small house applications because of the judicial review case.
47. Mr TANG Hing-ip, BBS expressed his discontent towards the Government for imposing substantial fines on the erection of unauthorised structures in rural areas and unlawful Government land occupation. He also pointed out that it was unfair to applicants who had to wait years for LandsD’s approval to rebuild their old-style village houses as inflation pushed construction costs to a new level. While public housing applicants had to wait more than four years for a flat, indigenous inhabitants applying for redevelopment of their old-style village houses would face even more challenges as they had to wait more than a decade for an approval. He requested the LandsD to provide a reasonable explanation about this.
48. Mr TANG Ka-leung said that bureau directors and department heads of the Government used to talk about how they would maintain people’s livelihood and provide more district facilities when introducing their work during their YLDC visits. He said the D of L’s briefing today, however, focused on how they would take enforcement actions in respect of land use. He believed that the use of words “enforcement, regulatory” in their briefing was to downplay how the Authorities would demolish people’s houses. He noted that many low-income earners had no
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choice but to stay in urban sub-divided units with deplorable conditions while waiting indefinitely for a public housing unit. As for squatter structures in the New Territories, the Government allowed squatter occupants to reside there through the SCS in 1982. As most of squatter huts were built of wood and structurally weak, it was natural that their occupants refurbished them with more solid materials, such as metal shacks. However, the LandsD regarded them as unauthorised extensions and took actions against squatter residents, such as cancelling their squatter survey numbers instantly and demolishing the unauthorised structures. He said he hoped the LandsD would re-examine the squatter control policy.
49. Ms CHAN Mei-lin expressed her objection to the application to redevelop the Harbour Plaza Resort City hotel in Tin Shui Wai into residential blocks. With a population of almost 300 000, Tin Shui Wai could no longer cope with any more population growth. Transport services in the district were so inadequate that commuters could not board public transport vehicles easily. As redevelopment of the Harbour Plaza Resort City hotel defeated the Government’s original planning for Tin Shui Wai, she hoped the LandsD would perform its gatekeeper’s role properly. On the other hand, she noted there were quite a number of fallen trees lying on Government land near Tin Tsz Bus Terminus at Tin Hei Street, and there were two stormwater drains covered by leaves for a long time. The place rarely got cleaned and thus was susceptible to problems, such as flooding and mosquito or rodent infestations. Over the years, the LandsD had never deployed staff to clean the place spontaneously unless she requested them to do so. Therefore, she requested the Department to increase manpower and resources and monitor the performance of their outsourcing agencies. She also pointed out that rodent infestation had become more serious in recent years as it had spread to Tin Tsz Estate and affected the environmental hygiene of the district. She requested the LandsD to actively address the problems. Lastly, she said that the problem of illegal bicycle parking had also been getting worse in recent years as the LandsD had never sent staff to enforce the law or clean up places where bicycles were illegally parked, except displaying warning signs there. Many of such bicycles were abandoned and poorly maintained. There were also suitcases tied to roadside railings. They could have an adverse impact on the environment. She hoped the LandsD would change the mode of enforcement so that any illegally parked bicycles or objects found occupying Government land could be removed immediately to create a deterrent effect.
50. Mr TANG Lai-tung said that applicants for erection or redevelopment of small houses had to spend beyond their budget because of the LandsD’s slow progress in approving applications and high construction cost inflation. On the other hand, while the LandsD stressed they attached importance to effective use of Government land, many Government sites in rural areas had been enclosed or left vacant for many years. He also said that the prevailing squatter control policy was stringent as failure to remove unauthorised structures upon detection might be punished with a fine. He added that the policy defeated the Government’s objective of providing a happy and safe place of dwelling for members of the public and the Government did not consider compassionately the reason behind the addition of unauthorised structures to squatter structures. He described the enforcement actions as unreasonable. He suggested the LandsD re-register the existing sizes and building materials of squatter structures, while enquiring about the guidelines on application for erection of structures on agricultural land for warehousing and logistical purposes.
51. Mr Zachary WONG said that, according to the prevailing squatter control policy, which had been in place for nearly 40 years, building materials used for repair works of a squatter hut and their sizes should be the same as those previously registered. Most of squatter huts were built of wood, but wood suitable for repair works was hard to come by and could be more costly than bricks
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today. He hoped that the LandsD would review the squatter control policy to enable squatter residents to have safe dwellings. On the other hand, he mentioned the serious congestion on pedestrian paths along Yuen Long Main Road and increasing numbers of illegal shop front extension cases. The congestion was worsening because some shop front extension cases had been found not involving any breach of lease conditions. He suggested the Government take back the possession of the land occupied by shop front platforms pursuant to the Lands Resumption Ordinance (Cap. 124) to widen pavements. He also suggested the LandsD expedite the vetting and approval of applications by NGOs or social enterprises for the use of vacant school premises to make optimal use of land resources. On the other hand, he requested the LandsD to strictly enforce the law, saying that a large quantity of Government land was being illegally occupied for commercial gain, thus incurring great revenue loss for the Government. Lastly, he suggested the LandsD increase manpower substantially to expedite the processing of applications for short-term tenancies and short-term waivers.
52. Mr LEUNG Ming-kin said that it was unreasonable that the prevailing squatter control policy required building materials of squatter structures to be the same as those recorded in the 1982 SCS. He suggested the sizes and materials of all squatter structures should be re-registered from 2019 onwards, or that unauthorised building works (“UBWs”) on qualified squatter structures should be accepted under the Reporting Scheme for UBWs in the New Territories Exempted Houses (“NTEHs”) to avoid removal, provided that safety inspections and verification of the UBWs concerned were conducted every five years afterwards. Only by doing so could the Government help squatter structure residents. On the other hand, regarding the issue of short-term tenancies and short-term waivers, the rental increase by the LandsD of 25 per cent this year would inevitably hamper the growth of the logistics industry of Hong Kong, which was positioned as a hub for logistics and innovative technologies in the Guangdong-Hong Kong-Macau Greater Bay Area. Secondly, he suggested streamlining the procedures for redeveloping old buildings to permit reconstruction of old buildings in the entire village after issue of the safety permit by registered structural engineer. On the other hand, he pointed out that half of 13 581 hectares of land in Yuen Long was Government land and the other half privately owned. He hoped the Government could handle the work of land resumption properly to avoid slowing down the development of Yuen Long. Lastly, with someone applying for conversion of a rural school in Tai Kei Leng Tsuen, Yuen Long, into a residential site, he suggested that the Government turn the school campus into a community centre or a centre for the elderly.
53. Mr TO Ka-lun said that Government policies had invariably conveyed the impression that they were unreasonable and exerted pressure on the public. He said the Government had not tried to sympathise with villagers’ sufferings while trying to markedly increase Yuen Long’s existing population of about 600 000 to one million. He said the policy was unrealistic, citing busy roads and footpaths and inadequate transport services. He said the problems could not be properly addressed in the absence of coordination among Government departments, citing Ngau Tam Mei Village as a typical example. He hoped the LandsD would relay to the higher echelons of the Government that the existing population policy required a critical review. He also said the developer seeking to produce 5 000 housing units by redeveloping the Harbour Plaza Resort City hotel did not have regard to the actual circumstances of Tin Shui Wai. He also expressed objection to the illegal hanging of banners by some Members, which he described as eyesores.
54. The Chairman said that a villager had relayed to him that the location of his village house overlapped that of another house, as indicated by land lease and building plan. The LandsD issue removal orders to the owners of the two houses after UBWs were detected on one of them. He
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examined the building plan and found a discrepancy between land boundary measurements and the actual locations. He opined that it was unreasonable for the Government to require villagers to bear the cost of appointing a registered land surveyor to carry out relevant surveying work. The discrepancy found in land lease and building plan might be due to surveying mistakes made on the part of the Government. He enquired with the LandsD whether any mechanism was in place to deal with similar cases and help villagers resolve problems about lot boundaries. On the other hand, he mentioned that large numbers of mainland China refugees fled to Hong Kong back then to escape from the bane of wars. As the British Hong Kong Government was unable to build enough housing within a short time to accommodate the refugees, they were allowed to build squatter structures for their accommodation after obtaining landlord consent. He said that the present Government was unable to satisfy the housing needs of the public and should re-register all existing dimensions and materials of all squatter structures.
55. Mr Thomas CHAN, JP thanked Members for their comments on the work of the LandsD as well as their questions and suggestions regarding district affairs. He gave a consolidated response at the meeting to a number of major issues raised by Members as follows:
(1) The Development Bureau (“DEVB”) had already made an initial response to the judgment handed down on a judicial review of the Small House Policy. The Court ruled that the construction of a small house by way of the Free Building Licence (“FBL”) under the Small House Policy was a lawful traditional right and interest of the indigenous inhabitants of the New Territories within the meaning of Article 40 of the Basic Law, and was lawful and constitutional, while the PTG and Land Exchange arrangements under the Policy were not. The DEVB was considering whether to lodge an appeal after studying the judgment in detail and seeking legal advice. Pending a decision on whether to appeal, the LandsD would suspend the receipt of applications for grant of government land for building small houses by way of PTG and grant of government land for building small houses through Land Exchange arrangements, as well as the processing of such applications already received, while the FBL applications would be accepted and processed as usual;
(2) In the past four years, the DLO(YL) approved a total of 3 632 applications for construction of small houses and 800 applications for redevelopment of old buildings. In the year of 2018/19, a total of 145 old house applications were approved, exceeding the annual average of 123 approvals granted in the previous three years. However, as Yuen Long District was an extensive area with many rural villages, applications for construction of small houses and old buildings were on the increase. The LandsD would assess internal manpower deployment and the vetting and approval procedure to ensure compliance with the entire vetting and approval progress;
(3) As regards the re-development of old buildings, the LandsD was confronted with many problems in processing the applications. One of the biggest problems was land boundary differences, as indicated by the land leases or building plans of houses and their actual locations. The LandsD suggested that the relevant landowners engage registered land surveyors to clarify land boundaries and find solutions with the Department. As the problem involved a considerable number of land titles, the LandsD had to spend quite a lot of time looking up historical data and would, therefore, take time to vet and approve applications for redevelopment of old buildings. On the other hand, the LandsD would consider
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addressing such problems by means of land administration. In cases where many landowners were involved in the redevelopment of old buildings, the Department would propose that village representatives perform a steering and coordinating role and discuss feasible solutions to the problem with villagers;
(4) Under the prevailing squatter control policy, squatter structures surveyed during the SCS in 1982 were allocated squatter survey numbers, but they remained unauthorised in nature and were only “tolerated” on a temporary basis. By nature, any surveyed squatter structure (“SSS”) on Government land was unauthorised occupation of Government land and any SSS on private agricultural land was a structure erected on private agricultural land which was in breach of the lease. However, any SSS was tolerated to remain on a temporary basis, provided that the location, dimensions, building materials and use of each structure were the same as the 1982 SCS record, until the SSS had to be cleared for development, environmental improvement or safety reasons, or until the SSS was phased out through natural wastage (e.g. when the structure was not occupied or ceased to exist). Any extension, new erection, addition, change of use or alteration with materials that did not conform to the SCS record was not allowed for surveyed squatters. A SSS not complying with the aforementioned requirements would lose the status of a SSS and its SCS Record would also be cancelled;
(5) Since 22 June 2016, the LandsD had been strengthening squatter control measures while tightening its discretionary arrangements to prevent the extension, addition and new erection of squatter structures, and to prevent as far as possible the emergence of squatter structures causing environmental and hygienic problems or posing a danger to public safety. If there was evidence showing that it was a new extension completed after the above-mentioned date, actions would be taken such as cancelling the squatter survey number and demolishing the whole unauthorised structure on Government land immediately without giving any opportunity to rectify. For the unauthorised extensions completed before the above-mentioned date, enforcement actions would be taken against squatter structures with massive unauthorised extensions, especially the non-residential squatter structures sub-divided into units for letting purposes. On the other hand, cases of serious violations and cases where no improvement had been made after repeated warnings would be prioritised for enforcement actions. Main targets of the actions were cases involving the erection of unauthorised structures, unlawful extensions of squatter structures and profit-making irregularities in particular, as well as those involving serious violation of the squatter control policy. The LandsD needed to take stronger enforcement actions to enhance the deterrent effect, and had no intention to suppress squatter occupants, who were mostly law-abiding citizens;
(6) The LandsD would exercise enforcement discretion and flexibility in dealing with squatter residents affected by typhoon or flooding. For example, the Department would handle matters relating to repairs of squatter huts by their residents arising from natural disaster in a reasonable and appropriate manner. For example, rebuilding of many squatter structures in Sha Tau Kok which were almost completely destroyed by Typhoon Mangkhut last year had been completed by the end of last year, after the LandsD expeditiously vetted and approved their rebuilding applications with the co-operation and co-ordination of the Heung Yee Kuk;
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(7) In handling land compensation matters upon resumption of land in new development areas, the existing system covered four compensation zones (i.e. Zone A, Zone B, Zone C and Zone D) with ex-gratia compensation rates in descending order. The amounts of compensation were standardised for resumption of land within the same development area. Landowners dissatisfied with the amount of ex-gratia compensation might opt to apply to the Lands Tribunal for determination of the amount to ensure protection of their rights and interests. Ex-gratia compensation rates were currently assessed by professional surveyors based on relevant mechanisms, and would be adjusted by the LandsD in due course in accordance with changes in the market value of the land;
(8) Regarding the rehousing arrangements for eligible squatter residents affected by the Government’s development clearance exercises, the Hong Kong Housing Authority (“HKHA”) would continue to provide comprehensive means tests and other rehousing options, although the Government would offer to eligible households non-means tested rehousing options, including relocating to rental or subsidised sale flats in dedicated rehousing estates to be built and operated by the Hong Kong Housing Society. The enhanced rehousing arrangements were also applicable to the Kwu Tung North and Fanling North New Development Areas project, the public housing development at Wang Chau in Yuen Long, and the land resumption project in HSKNDA Project. The LandsD would review the implementation of rehousing arrangements in due course;
(9) The LandsD took land control actions to safeguard Government land from unlawful occupation, erection of unauthorised structures and illegal cultivation. The statutory authority for enforcement actions was largely derived from the Land (Miscellaneous Provisions) Ordinance, Cap. 28, which was applicable to all Government land, especially cases of prolonged occupation of Government land and unauthorised structures erected on Government land. The Department would not take enforcement action against certain highly moveable objects, such as bicycles, construction waste and moveable shop front platforms, etc., until after the enforcement notice had been affixed for more than 24 hours, the minimum notice period set after the legal advice of the Secretary for Justice was sought;
(10) As regards municipal and street management, the Yuen Long District Office (“YLDO”) should steer and co-ordinate inter-departmental joint operations to effectively address problems, such as shop front obstruction, illegal bicycle parking and “fly-tipping” of construction waste. The LandsD would render its full assistance in this regard as its main function was to take enforcement actions against cases of prolonged occupation of Government land. If certain land did not come within the purview of any Government department, and if the LandsD had its managerial role over it, including Government land enclosed by the Department and land being resumed, the Department would review the existing maintenance work for the land, such as weeding and cleaning refuse and stagnant water, in order to minimise the impact on the public;
(11) When the LandsD was in the course of preparing the terms and conditions for sale of Government land and processing applications for land lease modifications, some other Government departments might propose provision of certain community facilities required for the relevant land to cater for district needs. In
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processing the relevant applications for land lease modifications, the LandsD might include as appropriate clauses in the land lease for provision of such community facilities, such as requiring the developer to provide additional parking spaces in the light of Transport Department (“TD”)’s comments. In addition, if individual land could be re-zoned for residential or hotel use that was in compliance with the land lease, the developer had the right to apply to the TPB for a change in the lease terms for the use permitted in planning. If Members had different views on individual applications, the LandsD suggested they relay their views to the TPB, whose primary responsibility was to ensure that landowners comply with lease terms. If the use of any car park premises was in breach of the land lease, i.e. failing to provide parking spaces for use by residents or visitors, the LandsD would take enforcement action against their owners, such as issuing a warning and registering the warning letter at the Land Registry, commonly known as “imposing an encumbrance”. If there was sufficient evidence to indicate serious breaches of the land lease, the Department would consider the possibility of taking lease enforcement action, such as recovering the land in question in extreme cases;
(12) The LandsD would discuss with the YLDC about the construction of Tin Shui Wai Market as some preliminary thoughts had been formed among the FEHD, the Planning Department and the Architectural Services Department. The LandsD said it would render full support for the works;
(13) Regarding Members’ request to improve the arrangements for display of banners, the LandsD said that it was reviewing the “Management Scheme for the Display of Roadside Non-commercial Publicity Materials” and would add and vary suitable locations for displaying banners in a timely manner;
(14) In the past few years, the LandsD approved more than 10 applications from different NGOs or social enterprises to use vacant school premises. At the beginning of this year, the DEVB announced details of a funding scheme to support the use of vacant Government sites by NGOs. In order to better utilise land resources, where there were temporary vacant sites available, applications could be submitted by NGOs or social enterprises to rent such sites for community, institutional or non-profit making purposes on a short-term basis. The Government would subsidise the costs of basic works of eligible projects; and
(15) Given the vast size of Yuen Long District, there had been large numbers of applications for construction of small houses and for grant of short-term tenancies and short-term waivers. The LandsD would review manpower arrangements at the DLO(YL) and adjust its staffing level in due course for processing the applications.
56. In conclusion, the Chairman thanked the D of L for responding to Members’ enquiries. He noted that it was a big lesson on how to achieve effective land use, given the small size and dense population of Hong Kong. He suggested the LandsD consider Members’ views and review the relevant policies, including the squatter control policy, the land resumption policy and the Small House Policy, so that they could be implemented in line with changing circumstances to improve people’s livelihood.
(Post-meeting note: the Secretariat circulated PowerPoint slides of the briefing to Members on
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25 April 2019 for their reference.)
Item VI: Meeting with the Director of Civil Engineering and Development
Item VII: Question from DC Member: Mr CHAM Ka-hung, Daniel, BBS, MH, JP proposed discussion on a request that the Civil Engineering and Development Department respect the YLDC’s views on the developments of the district” (YLDC Paper No. 30/2019)
Item VIII: Question from DC Member: Mr LEUNG Ming-kin proposed discussion on “developing slip roads for Yuen Long Highway, optimising the use of the existing roads and easing the traffic flow at Pok Oi Roundabout” (YLDC Paper No. 31/2019)
Item IX: Question from DC Member: Mr LEUNG Ming-kin proposed discussion on “a request to expedite the implementation of traffic improvement proposals for the sections of Shap Pat Heung Road connecting Tai Tong Road, Kiu Hing Road and Kung Um Road” (YLDC Paper No. 32/2019) 57. The Chairman particularly welcomed Mr Ricky LAU, JP, the Director of Civil Engineering and Development, to the meeting with Members. He also asked Members to refer to Papers Nos. 30-32, which were questions raised by Members on development projects in the district and replies on the relevant items from the CEDD and the Highways Department (“HyD”). The Chairman also welcomed the following CEDD representatives to the meeting:
Chief Engineer/W1 Mr Desmond LAM Acting Senior Engineer/Public Relations Ms CHEUNG Lok-man
58. Mr Ricky LAU, JP briefed Members on the work of the CEDD and the progress of development projects and other works projects in Yuen Long District.
59. Mr Daniel CHAM, BBS, MH, JP said he, as the convenor of the Working Group on HSKNDA, had previously relayed to the Planning Department that the Department and the CEDD bypassed the Working Group and gazetted the Outline Zoning Plan (“OZP”) of the area when the latter had yet to hold all the special meetings on the project. Members expressed worries about public transport accessibility issues and opposed CEDD’s arrangements for removing Tin Ying Road. He expressed dissatisfaction with the handling of the matter by the CEDD, and hoped the Department could respect and consider Members’ views before proceeding with statutory procedures. The CEDD replied in writing that road and sewage collection systems had been gazetted in order to accelerate housing supply. At the same time, Members disagreed with the planning of transport facilities for public housing developments at Long Bin. He considered that the CEDD’s practice of considering and processing the views of the YLDC and the public together would only weaken the YLDC’s functions. He hoped the CEDD would discuss this with YLDC Members and resolve the problems as far as possible before proceeding with statutory procedures. He said that Route 11 was important to the development of Yuen Long District and the HSKNDA, but the project had been progressing more slowly than other development projects in the district. He hoped the CEDD would increase resources and fast-track the design process to complete Route 11 earlier than other development projects in the district and before a large population intake took place.
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60. Mr LEUNG Ming-kin asked questions about traffic congestion in the district and proposed short-term, medium-term and long-term solutions. For short-term solutions, he noted that the existing transport interchange at La Grove was very congested and CEDD’s proposal to deck part of Yuen Long Nullah to widen Kung Um Road and Kiu Hing Road to be two-lane carriageways was unsound. Instead, he suggested decking of a nullah section at Kung Um Road, replacement of the existing traffic lights with a roundabout, and provision of a footbridge to improve traffic conditions. He said that the Drainage Services Department (“DSD”) should not raise objection again to the proposed decking of the nullah because a consensus was already reached on issue as indicated by the 2017 environmental impact assessment report. For medium-term solutions, he suggested the CEDD accord priority to the construction of a new road at Pak Sha Tsuen to connect Kung Um Road with Tong Yan San Tsuen Interchange. For long-term solutions, he suggested construction of a tunnel at Kung Um Shan to connect with Route 11 to relieve southbound vehicular flow and enhance overall transport facilities. He hoped that the CEDD would report the progress of a feasibility study on Route 11, which commenced last year.
61. Ms YUEN Man-yee said that traffic congestion at Kung Um Road persisted after the occupation of La Grove and Park Signature, and occurred outside villages in Tai Tong during off-peak hours. If the Government did not improve Kung Um Road expeditiously, and when a large number of people moved into Yuen Long South in the future, the problem would get worse. Then, members of the public might spend even a longer time traveling to Yuen Long Town and might have trouble going out to work. She hoped the Director would take this problem seriously. On the other hand, she expressed concern about exposed tree roots along cycling tracks at Wang Chau as they obstructed bicycle movement. She also said the construction of a cycling track section between Pok Wai South Road and Yau Pok Road commenced some years ago and was proceeding at a snail’s pace.
62. Mr Zachary WONG said that when the CEDD normally would not gazette a development project or submit it to the Legislative Council for discussion without YLDC’s prior consent when the project was in the consultation stage with the Council. Therefore, the publication of the project in Gazette without their consent this time was regarded as disrespect for their views. Members normally would not object to a development project in Yuen Long District as long as the CEDD had been able to resolve traffic problems in the district, which were of concern to them. The majority of YLDC Members initially accepted in principle the three major development projects in the district, but the YLDC and relevant rural committees changed their mind later, mainly because the CEDD failed to heed their views on the planning for transport facilities. He said that Members’ concern was not the planning for transport facilities in development areas, but the increasing traffic flow after completion of the development areas. They feared traffic loads on the existing roadways in Yuen Long Town and rural areas would increase and worsen traffic congestion. Therefore, he hoped the Director could listen to Members’ views on transport issues. He also suggested construction of underground smart car parking facilities in new development areas. In June last year, YLDC Members visited Tokyo to inspect the operations of some smart car-parking facilities there, and then compiled a report of this for the Department’s reference. He believed the YLDC was the first DC to conduct an on-site inspection as such and relayed its views to the CEDD. However, the Government eventually went for Sham Shui Po instead of Yuen Long to try the idea. On the other hand, he suggested the CEDD introduce an eco-friendly, no-rail transport service in new development areas, citing that rail track occupied road space. He also suggested making cycling tracks a standard design in new roadway systems and building double-decker flyovers. On the other hand, he asked the CEDD for an update on the project of building a road to connect Park
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Signature with Shap Pat Heung Road, which was cancelled after the construction of a public housing project there. Lastly, he enquired with the CEDD when the roving exhibition being held at the Hong Kong Museum of History to mark its 15th anniversary would be held in Yuen Long.
63. Ms CHAN Mei-lin said the CEDD should expeditiously proceed with the construction of Route 11 to resolve traffic problems in Yuen Long. As regards the HSKNDA, the CEDD adhered to the plan to remove Tin Ying Road and turn it into a riverside promenade, although Members voiced objection, saying that this would force vehicles to take Tin Shui Road. He said that, if the CEDD insisted on removal of Tin Ying Road, Members would uphold their opposition to the development project. Members also requested the CEDD to expedite public housing construction, but the Department turned a deaf ear. She hoped the Director would consider Members’ views seriously. On the other hand, she objected to the construction of any eco-friendly rail transport service in the new development area, citing that rail track occupied a lot of road space. She said the CEDD should not build any more rail tracks in the new development area unless they were placed elevated or underground, in the midst of voices that LRT tracks should be removed from Yuen Long and Tin Shui Wai. She also mentioned that accidents occurred frequently at footpaths in Tin Shui Wai that stretched across cycling tracks, where cyclists were less willing to give way to pedestrians. She suggested the CEDD pay more attention to the designs of cycling tracks in the future.
64. Mr TANG Ka-leung said that the CEDD used to listen to Members’ views during their past discussions, and make improvements. Members’ biggest concern at present was traffic problems in the HSKNDA. Removal of Tin Ying Road, as being planned by the CEDD, would divert traffic to Ping Ha Road, making it an area with heavy traffic. He suggested construction of a flyover or an underground tunnel at Tin Ying Road to ease traffic flow on Ping Ha Road. On the other hand, he hoped the CEDD would re-consider the introduction of a green transit corridor to surround villages, as it would restrict their future development.
65. Mr TANG Hing-ip, BBS said the CEDD was consulting Members about development projects and would still take them forward even if there was any objection. Although the Secretary for Transport and Housing had said only “disposed sites” should be developed, sites in the district should not be regarded as “disposed sites” because of inadequate transport facilities there. The biggest concern among Members was whether the new development projects would aggravate the existing situation. Given the inadequate transport facilities, he was worried that traffic congestion in Yuen Long might get even worse when the district’s population increased by 600 000 after completion of development projects, such as public housing developments in Long Bin and Tan Kwai Tsuen. Moreover, the designs of two access roads next to the public housing project in Long Bin were problematic as their users would have to make a detour at Tong Yan San Tsuen and use Long Tin Road, which connected with a highway. He hoped the Director would accept Members’ views and suspend their construction.
66. Regarding the construction of cycling tracks as mentioned by the Director, Mr TANG Cheuk-yin said he had suggested the CEDD build cycling tracks on both sides of Kam Ho Road for connection with the Tai Lam Tunnel Bus Interchange. On the other hand, he opined that the feasibility study, as mentioned by the Director, of the plan to build a new road link between Tsing Long Highway and Kam Tin South was essential, saying that traffic congestion would get much worse if commuters to and from Tuen Mun relied on the Pok Oi Interchange only. If the project went ahead, members of the public could travel to Tuen Mun and urban areas via the new road link.
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On the other hand, he agreed that the plan to build a riverside promenade could enhance the environment, except that nearby rivers gave off a foul smell. He hoped the CEDD would cooperate with other relevant departments to improve the water quality there. On the other hand, he said that the CEDD should consider elevated and underground options in the construction of eco-friendly transport systems, given the existing problems caused by the LRT to Yuen Long Main Road.
67. Mr YIU Kwok-wai, MH said that the petition letter he had presented to the Director before the meeting were all about traffic conditions. Regarding the planning for the HSKNDA, he reiterated his objection to the removal of Tin Ying Road, saying the road offered Tin Shui Wai North residents a convenient access to the West Rail Tin Shui Wai Station. He hoped the CEDD would take care of the needs of the residents affected by the arrangements. He said he had learnt that one of the main priorities of the CEDD was the construction of cycling tracks to link up with all other cycling tracks in the New Territories. As he knew that details of the project would draw a lot of public comments, he invited the Director to have a bicycle ride with Members in the district to enable him to have a better understanding of the situation so as to facilitate the implementation of the project. On the other hand, although the nullah was a facility from the past development and other departments were in charge of decking works, he still took the opportunity to request the CEDD to play a role so that more space could be released for provision of other facilities and, in particular, to resolve traffic problems.
68. Ms LAU Kwai-yung expressed support for the Government’s policy to increase housing supply, but opined the CEDD should accord priority to developing the planning for large-scale infrastructural and transport facilities to cope with a large population intake in the future. For example, Tin Shui Wai residents had all along complained about the serious traffic congestion at Long Tin Road and the roundabout near Tin Tsz Road. The issues had been discussed for a long time and remained unresolved, although more people would move to the district in the future. She also objected to the removal of Tin Ying Road, saying the arrangements would cause West Rail station feeder buses to take Ping Ha Road instead, thereby extending the journey time. She was also worried that, while the CEDD had yet to relieve traffic congestion at the crossroads between Tin Yiu Road and Ping Ha Road, the Government’s plans to construct a Tin Shui Wai public market in the vicinity might aggravate the situation. She pointed out that the CEDD should provide sufficient transport facilities in Tin Shui Wai, where residents had to travel to work in other districts because of limited employment opportunities there.
69. Mr MAK Ip-sing said the CEDD was responsible for large-scale works projects of the Government and used to report to the YLDC every year in the past about its future plans, except in recent years. The Government had yet to commence any road planning for Yuen Long District, although it would embark on quite a number of large-scale development projects and infrastructure projects there. Yuen Long Town residents currently took Yuen Long Highway to Route 3, but traffic congestion occurred on Yuen Long Highway because of fewer slip roads there. He suggested that slip roads be constructed in Yuen Long East to connect with Yuen Long Highway, where areas such as Fung Cheung and Yuen Lung had a population of several ten thousands. He also suggested widening of roads or provision of more slip roads to increase the accessibility of Yuen Long District, where only two roads were currently available at the Pok Oi Interchange to provide access to urban areas. As there were also plans to deck some nullah sections at Yoho Midtown for hotel construction, he suggested the CEDD deck all the nullahs in Yuen Long East for release of more road space.
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70. Ms MA Shuk-yin said that Tin Yiu Estate and Tin Yau Court, both completed 28 years ago, were the oldest public housing estates in Tin Shui Wai. The CEDD also developed a lot of community facilities there at that time, such as shade structures at Tin Yiu Road, Tin Fuk Road, Tin Wu Road and Tin Shing Road. As the facilities were in poor condition now, she suggested the CEDD refurbish them. She welcomed the CEDD’s Hung Shui Kiu development plans, but objected to its arrangements for removing Tin Ying Road. Tin Ying Road was of vital importance to the transport network of Tin Shui Wai, and its removal would cause traffic congestion in the district. She suggested that the Director should not decide on the options of upgrading the existing roads until after he had inspected the traffic flow of the road in Tin Shui Wai during the peak hours.
71. Mr LEE Yuet-man, MH considered “We engineer Hong Kong’s development”, a slogan for the work objective of the CEDD as mentioned by the Director, lacked credibility. He expected residents near the West Rail Tin Shui Wai Station to face more difficulty getting on the train after completion of the proposed Hung Shui Kiu Station. He also requested the Director to review the methods of dealing with nullah issues. Separately, he opined the CEDD should address the problem of the facilities built by the former Territory Development Department (“TDD”), such as arbours and benches. He said the CEDD had replaced only a few benches at Locwood Court with the co-operation of the District Management Committee and the Leisure and Cultural Services Department (“LCSD”), but replacement works at other places had yet to be commenced. He hoped the Director would provide additional manpower and resources to resolve the long-standing problems expeditiously, and provide maintenance to the facilities continuously.
72. Mr LAI Wai-hung expressed disappointment at development programmes in Kam Tin South. He said the Government had issued papers some years ago on improvement schemes for Kam Tin Road and Lam Kam Road, which were scheduled for completion for 2013 and were shelved later on the grounds that it was not a matter of urgency. It was not until after many years of fighting by Members that the Government had finally commenced preparations for the works. The YLDC and rural committees had rejected the Pat Heung South development plan four times since its introduction by the DEVB. The plan received no support for its lack of road planning and with the focus on remedial works, having attached no importance to public interests. The CEDD only intended to bulldoze the plan through the Executive Council. The former Secretary for Development Eric Ma decided to commence the 18-month Feasibility Study of Traffic Improvement Scheme for Kam Sheung Road at the end of 2017, but Members had not been informed of any findings of the study. He suggested that the CEDD widen Kam Sheung Road as a standard vehicular access and build new roads, saying Members would support the CEDD’s development programmes for Kam Tin South as long as there would be a sound road network. He hoped the Director would follow up on this.
73. The Hon KWONG Chun-yu said that the former Civil Engineering Department and the TDD were merged into the existing CEDD before 2004, and no other department had been assigned the responsibility of carrying out maintenance works for the facilities built by the former TDD. Among them were arbours and benches, as well as the facilities near Tin Shui Wai Nullah and Yuen Long Town. Residents hoped the CEDD could refurbish the facilities as Typhoon Mangkhut had done greater damage to them. Although the YLDO had assisted in the maintenance of the facilities, Members hoped the CEDD would address the problem left over from history and clarify which departments should assume the maintenance and management responsibilities.
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74. Mr KWOK Hing-ping said the CEDD had built planters at Tin Chak Estate without giving prior notice to him. As the planter resembled a grave, he hoped the Department could send representatives to address the problem. As for the CEDD’s plan to remove Tin Ying Road, he pointed out that MTR feeder buses currently carried about 20 000 people every two hours to the West Rail Tin Shui Wai Station via Tin Ying Road. He suggested the Department send representatives to inspect the situation and decide how to address the problem. On the other hand, he noted that he had to ask for residents’ assistance to remove many large fallen trees seen in the wake of Typhoon Mangkhut, as no CEDD representatives had been deployed to handle the matter. As regards the cycling track at Kam Pok Road as mentioned by Members, he said he had visited the site several times for inspection. He found the CEDD had spent more than three years on the construction of the tunnel-type cycling track but it would not be completed until next year. He hoped the Department could follow up on the case.
75. Mr KWOK Keung, MH said that there was a shortfall of road facilities in Yuen Long District, although the Director had mentioned quite a number of mega road construction projects in the New Territories West before. As Tin Ying Road was a quick north-south road link in Tin Shui Wai, and if it had to be removed, the CEDD should build an underground tunnel as a substitution. As the construction of a north-south pedestrian corridor above Yuen Long Town Nullah was still pending since its introduction some years ago, he suggested the CEDD build a footbridge network as part of the Yuen Long South development project to connect with private housing estates in the district, with public passages provided along Yuen Long Town Nullah as convergence points. This could provide convenience for 300 000 residents walking between Yuen Long South and the West Rail Station. The CEDD should also construct a road to connect Long Tin Road with Yuen Long Highway to address traffic congestion at Long Tin Road, as well as a road to the Pok Oi interchange so as to resolve traffic congestion on westbound lanes. The CEDD should also widen Kam Tin Road, Kam Sheung Road and Lam Kam Road to tie in with the development of the district. He hoped the Department would listen to Members’ views and develop a seamless road network in the district.
76. Mr CHOW Wing-kan said that many vehicles parked along roads caused traffic congestion in Yuen Long Town, although there were sites suitable for the construction of multi-storey car-parking facilities. He suggested the CEDD provide sufficient parking spaces in new development areas. He noted that Nim Wan Road and Deep Bay Road were ideal points for watching birds and sunset, and suggested the CEDD build cycling tracks along the roads to help promote the tourism industry. He said the greening project undertaken by the CEDD was not successful. For example, Bauhinia Variegata planted beside the cycling track between Shui Sing House and Shui Lung House failed to bloom well; no flower planters were provided at the entrance of Tin Wah Estate; and the place for Agarwood trees outside the temporary car park at Tin Shui Wai Hospital was overgrown with weeds due to a lack of care. He hoped the Department would follow up on the cases.
77. Ms CHIU Sau-han, MH, agreed to Mr KWOK Keung, MH’s five suggestions. She had also voiced objection during the previous YLDC meetings to the provision of an interchange at a public housing development project in Long Bin, saying that this would cause external traffic congestion in Tin Shui Wai. She objected to removal of Tin Ying Road, via which Tin Shui Wai North residents went to the West Rail Station. She said the arrangements were not feasible and would have a great impact on residents. If Tin Ying Road had to be removed, the CEDD should build an underground tunnel instead. On the other hand, she agreed that the CEDD should deal with the problems caused by the facilities built by the former TDD. Although the CEDD wished
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to provide more open spaces for residents, she hoped the Department could address problems, such as mosquito-breeding near nullahs and dilapidated facilities.
78. Mr CHING Chan-ming enquired about the works schedule for the noise barrier at Long Tin Road. He said he had already suggested the CEDD address the traffic problem at the junction of Kung Um Road and Shap Pat Heung Road when it was conducting the first consultation on the development of Yuen Long South. He hoped the Department could put forward an improvement proposal to the YLDC in the middle of the year. He said the CEDD should first develop the road network and then the area to avoid site vehicles and residents competing to use roads when the works were underway. A Government official said a decade ago that a flyover would be built to connect Kung Um Road with Kiu Hing Road, but no progress had been made so far about the idea. He enquired with the CEDD about the works schedule for the flyover, saying he hoped something could be done to expeditiously relieve traffic congestion at the junction between La Grove and Shap Pat Heung Road. As regards the CEDD’s proposal of decking some nullahs to widen Kung Um Road and Kiu Hing Road and turn them into two-lane roads, he suggested the Department consider decking all the nullahs in the area instead for release of more usable space.
79. Mr CHEUNG Muk-lam said “it was necessary to develop housing; it was important to develop transport facilities.” He said about 220 000 people would move to the HSKNDA in the future, and that property developments in Tan Kwai Tsuen would offer more than 7 200 housing units to accommodate more than 20 000 people. As the population of the new development area, exclusive of housing developments by private developers, would increase by about 250 000, he did not think that the West Rail could cope with future population growth in Yuen Long South and Hung Shui Kiu, and said residents would find it more difficult to board the train at Kam Sheung Road Station. He suggested a Tuen Mun-Tsuen Wan rail link be constructed with Hung Shui Kiu as the first station to provide convenience for residents travelling in and out of the district. Given the inadequate transport facilities, he hoped that development projects could help improve the existing road networks and facilitate access by nearby residents. On the other hand, Members objected to the discussion on the public housing development at Long Bin, considering the arrangements for removing Tin Ying Road would aggravate external traffic congestion in Tin Shui Wai. Regarding the development of Yuen Long South, he opined the CEDD should accord priority to improving infrastructure and transport facilities at Tong Yan San Tsuen Interchange in order to meet other development needs.
80. The Vice-chairman said traffic congestion frequently occurred on the road section between Kam Tin Road (Westbound) and Castle Peak Road. According to his understanding, more than 4 000 housing units would be offered for sale at Cheung Chun San Tsuen, and there were plans to extend the Riva housing project. Some new property developments were under construction in the vicinity. He expected traffic flow in the area to increase after completion of the projects, and aggravate road congestion. Regarding the roads connecting Kam Tin with Route 3, only one of them offered access to Tsuen Wan and Kowloon. He suggested the CEDD consider the possibility of building one more westbound road in Kam Tin to divert traffic on Castle Peak Road. In fact, Members had suggested provision of a slip road at Pok Oi Interchange to divert traffic from Kam Tin to Tuen Mun via Castle Peak Road. As the existing road networks could not cope with future population growth in Kam Tin, he suggested the CEDD improve the planning for Route 3 to connect with roads in Tuen Mun and Sheung Shui, with a view to tackling traffic congestion in Yuen Long District.
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81. Mr Ricky LAU, JP gave a consolidated reply as follows:
(1) He thanked Members for their valuable comments, thus allowing the CEDD to enhance the planning and development projects for the district;
(2) Members voiced quite a lot of opinions on the planning for transport facilities in the district, which the CEDD had all along respected and considered as far as practicable during the design process. The Department had also conducted a large number of studies on traffic issues in the district, while at the same time learning that Members had generally been supportive of the Government’s housing development policy and efforts to develop land to increase housing supply. The CEDD also echoed the need to improve transport planning;
(3) The Government was currently involved in the planning for some major roads to improve the external transport links of Yuen Long in the long run. For example, the Government had proposed a set of roads and railway networks be built under the Lantau Tomorrow Vision to connect transport facilities in the northwest New Territories, including Yuen Long, with those in Kowloon and other urban areas;
(4) Due to the traffic congestion on Kung Um Road and Kiu Hing Road, the CEDD had plans to expeditiously deck certain nullahs in the area in the initial stage of Yuen Long South development to widen roads to two-lane carriageways. The CEDD would also discuss Members’ suggestion of decking all nullahs in the area with the DSD. The proposal of decking certain nullahs in the district was put forward in the hope of providing water-friendly facilities for public use when water quality in the district had been improved and nullahs in the district revitalised, as in other projects, such as the revitalisation of Kai Tak Nullah into sitting-out facilities. The Department also had plans to expedite the improvement works at Tong Yan San Tsuen Interchange to dovetail with development projects in Yuen Long South;
(5) The CEDD had embarked on the Feasibility Study on Traffic Improvement Scheme for Kam Sheung Road to explore the feasibility of rebuilding slip roads to improve the traffic condition at Pok Oi Interchange while at the same time building new roads to improve the accessibility of Tsing Long Highway, in order to relieve traffic congestion at Pok Oi Interchange. The CEDD would inform Members of the findings of the feasibility study as early as possible;
(6) Regarding Members’ views on removal of Tin Ying Road, the CEDD was aware that feeder bus Route K76 was an important bus route which took Tin Shui Wai North residents to and from the West Rail Tin Shui Wai Station. Therefore, the Department was exploring the feasibility of extending eco-friendly transport services to Tin Shui Wai North to enhance the convenience for the residents to travel to the West Rail station;
(7) The CEDD was expediting the construction of a cycling track network in the district, and would invite Members to an on-site inspection upon completion of the works;
(8) The CEDD took note of Members’ wish for the introduction of a no-rail eco-friendly transport service in the district, and would introduce different means of eco-friendly public transport in the public consultation stage and gauge views;
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(9) The CEDD had been replacing benches since the beginning of last year, which were among the facilities that Members said were built by the former TDD. More than half of the 400-plus benches in Tin Shui Wai had been replaced so far. While re-allocating resources to expedite the process, the CEDD had continued to discuss maintenance matters for arbours with the LCSD. The CEDD was also in discussion with Members regarding the new designs for about 20 of 60 to 70 arbours in the district that required a redesign; and
(10) As some of the plants planted by the CEDD according to the Greening Master Plans might have been destroyed by Typhoon Mangkhut, the Department would discuss with the LCSD and follow up on replanting arrangements.
82. In conclusion, the Chairman said the CEDD was a key Government department in charge of development projects in the district. The YLDC supported the Government’s policy to expedite housing supply, but would face dilemmas as a result of unresolved traffic problems in the district. In summary, Members had made three recommendations to address traffic problems in the district, namely retaining useful roads, widening the existing narrow roads, and building new roads and railways. As development projects in Yuen Long District had a direct effect on the overall development of Hong Kong, Members hoped to dovetail with the Government’s efforts to take forward the projects. Members also hoped that both the Government and CEDD could respect and accept their views on how to upgrade the projects, particularly ancillary transport arrangements. They hoped that shortcomings in the existing road networks could be rectified through development projects to facilitate access by residents. He once again thanked the Director and department representatives for attending the meeting.
(Post-meeting note: The Secretariat circulated PowerPoint slides of the briefing to Members on 25 April 2019 for their reference.)
Item X: Nim Wan Road and Deep Bay Road Improvement Scheme (YLDC Paper No. 33/2019) 83. The Chairman asked Members to take note of Paper No. 33, which was to brief Members on the latest progress of the Nim Wan Road and Deep Bay Road Improvement Scheme by the Environmental Protection Department (“EPD”) and seek their views on the subject. The Vice-chairman welcomed the following representatives to the meeting:
Environmental Protection Department Principal Environmental Protection Officer Mr Patrick LIU Senior Environmental Protection Officer Mr Derek LEUNG Senior Environmental Protection Officer (Atg.) Mr Christopher LAM
Ove Arup & Partners Hong Kong Ltd. Senior Engineer Mr MAK Lin-fat
84. Mr Patrick LIU reported the latest progress of the Nim Wan Road and Deep Bay Road Improvement Scheme and briefed Members on the proposed road improvements which generally comprised three parts:
(a) Part 1: Nim Wan Road (North) and Deep Bay Road improvement works project – it
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involved the upgrading of Deep Bay Road section and the northern section of Nim Wan Road between Lau Fau Shan roundabout and West New Territories (“WENT”) Landfill. The works included widening the existing one-lane two-way carriageway to a 7.3m wide single two-lane two-way carriageway, constructing a flyover to straighten the curved section of Nim Wan Road at Ha Pak Nai, and improving part of the drainage system at Ap Tsai Hang;
(b) Part 2: Construction works at the Tsang Kok Stream estuary – it involved filling the Tsang Kok Stream estuary with the provision of culverts to lead water away and construction of a rise up road linking the southern and northern sections of Nim Wan Road as an alternative route connecting Yuen Long and Tuen Mun; and
(c) Part 3: Nim Wan Road (South) realignment – it involved realignment of a southern section of Nim Wan Road from the north of Yung Long Road to the north of Ash Lagoon along the seawall.
85. Mr MAK Lin-fat presented to Members the design concepts of the proposed road improvement scheme.
86. Mr Patrick LIU said for Part 1 of the abovementioned scheme, i.e. Nim Wan Road (North) and Deep Bay Road improvement works, the consultancy study commissioned by EPD had confirmed the technical feasibility of the project which was included in the Government’s Capital Works Programme. After consulting the District Council and stakeholders, the EPD together with the HyD would proceed to the next design and investigation stage. He wished to consult Members on the road improvement scheme at this meeting for the reference by the Department to draw up detailed engineering design. The Department would continue to communicate with relevant stakeholders and consult the DC on the Nim Wan Road and Deep Bay Road Improvement Scheme again before it was gazetted. For Parts 2 and 3, the EPD would publish in gazette the realignment works at Nim Wan Road (South) and construction works at the Tsang Kok Stream estuary according to the Roads (Works, Use and Compensation) Ordinance (Cap. 370) and the Foreshore and Sea-bed (Reclamations) Ordinance (Cap. 127) respectively to move ahead to the planning stage of the works.
87. Mr CHOW Wing-kan said the idea of improving Nim Wan Road was proposed many years ago. Apart from visitors who went there on holidays mentioned before, he believed that the widening of the road to a standard two-lane two-way carriageway would attract more visitors. Therefore, providing additional roadside car parking spaces might not suffice to meet the need. In view of that, he suggested that the Department construct a multi-storey automated car park. On the proposal of installing an observation deck off the abandoned road, he held that the new road would block the sunset view. Tsang Tsui Columbarium, which was expected to provide 160 000 niches, would cause a significant increase in traffic flow at Nim Wan Road during the Ching Ming and Chung Yeung Festivals. Moreover, should the nearby WENT Landfill which would be saturated in a few years be used as a warehouse or for brownfield operations, many heavy vehicles would take Nim Wan Road to Tuen Mun River Trade Terminal. He hoped the Department would consider the road usage in the coming few years as well. He also proposed constructing footpaths and cycling tracks.
88. Mr TANG Hing-ip, BBS opined that the EPD took forward the road improvement
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scheme and widening works to make the landfill easily accessible by refuse collection vehicles, without adopting the public’s suggestion of constructing a layby or cycling track on the busy road for visitors. He did not understand why road widening works were in place but no footpath or cycling track would be provided. He also held that the HyD should coordinate the project incorporating footpath construction. The current road improvement scheme reflected that the Department was far from forward-looking.
89. Mr TANG Ka-leung thanked the Department for briefing and consulting the Ha Tsuen Rural Committee on the road improvement scheme. The rural committee which had given the Department many comments and suggestions supported that the works project should be accelerated. He pointed out that vehicles would travel via the bottom part of Ap Tsai Hang. Not only was it very dangerous, it also brought traffic to a standstill, turning Ha Pak Nai into a “dead town”. It had been a troubling issue for years, in particular when it took a few days for traffic in Ha Pak Nai to resume normal after the strike of Typhoon Mangkhut. Therefore, he hoped the Department would implement and take forward the works project as soon as possible.
90. Being puzzled by the issue concerning EPD, Mr Zachary WONG enquired why the road improvement scheme was proposed by the EPD but not the TD. He hoped the TD and the HyD would respond in respect of the scheme and indicate whether they were in favour of the proposal by the EPD. As the TD was responsible for the district’s traffic planning and the HyD was in charge of construction and supervision of roads, he doubted whether the EPD possessed sufficient professional knowledge for launching and supervising the works project. He pointed out it was TD’s long-standing practice to plan road improvements or widening projects only due to emerging traffic demands in the local area. However, it happened that individual departments could now develop roads without consulting the TD whenever they believed there were traffic demands. He strongly demanded the TD state its stance on the plans. In his opinion, the EPD’s road improvement scheme incorporating road widening works without constructing any footpath would affect pedestrian safety. Also, considering the significant works scale of the filling of Tsang Kok Stream estuary, he enquired why the Department devised such a plan instead of constructing a flyover across the stream.
91. Mr Daniel CHAM, BBS, MH, JP said most people would welcome the proposal of widening Deep Bay Road to a two-lane two-way road from a one-lane two-way carriageway which had caused inconvenience to the public for years. In spite of that, he would like to know the reason why the Department pushed forward the road improvement scheme. In general, road development took place only as part of the Government’s development plan of the local district and roads were usually planned by the TD or the HyD. However, this scheme was proposed by the EPD. At present, refuse collection vehicles reached WENT Landfill mainly from Tuen Mun. After the road improvement works had completed, refuse collection vehicles could access WENT Landfill via Nim Wan Road from Yuen Long or Tin Shui Wai. He enquired whether the road improvement scheme was launched to cater for the planned expansion of WENT Landfill or the traffic flow surge arising from the completion of Tsang Tsui Columbarium. He pointed out that a large number of vehicles, bicycles or visitors would be attracted to Nim Wan for the sunset scenery when the works project was concluded. Since the Department had no plan to build any cycling tracks or footpaths, he was concerned there would be traffic accidents involving vehicles and bicycles which frequently occurred on Ting Kok Road in Tai Po due to the absence of cycling tracks. To complement the launch of the improvement scheme, there should be standard facilities in the district.
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92. Mr KWOK Hing-ping agreed with what the Members had said. He hoped the Department would implement the road improvement scheme as soon as possible. As regards the construction of an observation deck for sunset appreciation proposed by the EPD, he said the Department should provide sufficient car parking spaces and public toilets for visitors.
93. Mr Patrick LIU thanked Members for their views and gave a consolidated reply as follows:
(1) For the design concepts of Nim Wan Road (North) and Deep Bay Road improvement works, the Department proposed to build footpaths at both sides along the road. However, due to topographical constraints, only one-sided footpaths could be built along certain road sections;
(2) The Department’s current plan was to widen the road to 7.3m wide with 2m-wide footpaths at both sides. It would be a challenge to develop cycling tracks under the existing topographical constraints. The Department would further explore Members’ proposal on building a “bicycle-friendly” environment in the study in the next stage;
(3) In response to Members’ enquiry on why the road improvement scheme was proposed by the EPD rather than the TD or the HyD, he provided the following explanation: local views collected during the Department’s consultation on waste management facilities in 2013/14 reflected the transport connections between Yuen Long and Tuen Mun were poor. As an example, Lung Kwu Tan in Tuen Mun was linked to the city centre only by one road. Having pledged a follow-up, the Department proposed the road improvement scheme. He agreed that transport and road planning was outside the Department’s professional purview, which was why the TD and the HyD representatives had taken part in the engineering feasibility study to provide expert advice. The HyD together with the EPD would proceed to the next stage of design and investigation, which he hoped would allay Members’ concerns;
(4) The Department understood that sufficient car parking spaces were necessary since the widened road and sunset lookout might increase visitor numbers and traffic flow. Apart from reserving space for car parking spaces as discussed in its preliminary study, the Department would further communicate with Members on the location and number of additional car parking spaces. Because of its concern that a notable increase in car parking spaces would attract more visitors and affect the livelihood of local residents, the Department would have to strike a balance between the two; and
(5) Regarding Members’ concern over the traffic flow increase when Tsang Tsui Columbarium was completed, it was noted from the traffic impact assessment (“TIA”) submitted by the Food and Health Bureau (“FHB”) the capacity of the existing road network (including Lung Mun Road and Lung Kwu Tan Road) could cope with the traffic flow after completion of the new columbarium facility. Referring to the improvement works project, the Department would carry out another TIA in parallel with the detailed design work to ensure the roads could meet the traffic demands arising from nearby facilities.
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94. As Members expressed concern over the blockage of sunset scene by the new road, Mr MAK Lin-fat said the Department proposed a scenic lookout on the existing road by the seashore. The front would not be blocked by the new road to be constructed at the rear of the lookout. As a result, the proposed road improvement would not obstruct the view of sunset.
95. Mr Patrick LIU added that the road section by the seashore would become a non-major road after the improvement scheme, so the Department planned to reserve the road and nearby area for the sunset lookout.
96. Mr MAK Lin-fat said since the existing road to the sea had sharp bends, the Department proposed a straighter road on the slope with car parking spaces near the new seashore lookout.
97. Mr Patrick LIU gave a consolidated reply as follows:
(1) The EPD would consider Members’ suggestion of building a public toilet when carrying out the detailed design; and
(2) Noting that Members hoped to accelerate the project, the Department would consider implementing the works in phases to speed up completion of urgent road works.
98. Mr Derek LEUNG said the existing Nim Wan Road (South) was built along the hillside with a circuitous route while Nim Wan Road (Part 3) under the realignment proposal would go along the seawall with a straighter route. Combined with the existing restricted roads inside WENT Landfill proposed to be open to connect Ha Pak Nai, Nim Wan Road (Part 3) could serve as an alternative local road linking Tuen Mun and Yuen Long in the long run. This would allow convenient access to the facilities near Nim Wan, including the columbarium to be completed in due course. In response to Members’ enquiry about the feasibility of constructing a flyover instead of filling the estuary, he explained that the existing Nim Wan Road (South) as the access to WENT Landfill would be closed after realignment. It was necessary for the Department to fill the estuary to form land for connecting the landfill and the new road. However, constructing a flyover could not serve the same purpose.
99. Mr Patrick LIU said the Department would examine Members’ views on Nim Wan Road and Deep Bay Road improvement scheme in detail.
100. Mr TO Ka-lun enquired whether there was an assessment on the road capacity during the Ching Ming and Chung Yeung Festivals at Nim Wan Road housing a columbarium and a garden of remembrance.
101. Mr Zachary WONG said the EPD claimed that the road improvement scheme was introduced in response to the request for road widening lodged during the consultation on waste management facilities. However, he pointed out that local communities had long ago put forward the road widening proposal, which was not made as a result of the Department’s consultation
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exercise on the landfill. At that time, the TD considered road improvements in the district unnecessary but now the EPD launched the works project, claiming that there was a need. If so, he questioned roads would be constructed without TD’s planning when the Housing Department found they were required for public housing development in the future. In his opinion, the Department failed to explain why it was the EPD instead of the TD which proposed the road improvement scheme. He further enquired about the reason for filling the Tsang Kok Stream estuary, the land use after the works, and whether the site would be used for constructing car park or sitting-out area. He also asked whether the alternate option of a flyover would cost less.
102. Mr Daniel CHAM, BBS, MH, JP said widening Nim Wan Road had been proposed for long. He believed that the Department had also planned for landfill expansion apart from road widening. In other words, the main reason for widening the road was to allow refuse collection vehicles from Yuen Long and Tin Shui Wai to enter the landfill directly via Nim Wan Road without passing through Tuen Mun. He enquired whether the Department had considered the traffic flow after widening Nim Wan Road and the impacts of an increase in refuse collection vehicles on the surroundings. He also asked about the capacity of the new road, taking into account of a surge in visitors to the columbarium from the New Territories West during the Ching Ming and Chung Yeung Festivals, and whether traffic congestion would arise in other areas such as Lau Fau Shan.
103. Mr TANG Ka-leung said as the District Councillor of his constituency, he considered that it did not matter which department initiated the scheme as long as the roads were improved and widened to standard roads to bring convenience to local residents. He hoped Members would understand local residents who had been troubled by road flooding on rainy days for years and support the Department to expedite the improvement scheme.
104. Mr Patrick LIU gave a consolidated reply as follows:
(1) As mentioned earlier, the TD and the HyD had participated in the study for the road improvement scheme, which was supported by the former. He assured Members that the HyD would assist in the works project in the next stage; (2) According to the TIA report provided by the FHB, the existing road network such as Lung Mun Road and Lung Kwu Tan Road could cope with the traffic flow after the completion of the columbarium. After implementing the road improvement scheme, there would be an alternative for visitors to access the columbarium. The Department believed that the FHB and the TD would make special traffic arrangements during the Ching Ming and Chung Yeung Festivals to prevent the road from being overloaded with the visitor increase; and (3) At present, almost 80% of waste was transported to WENT Landfill by sea while only some 20% of waste was transported by land. As most waste transported by land was from the local area, the Department believed that the number of refuse collection vehicles using Nim Wan Road would not grow suddenly with the launch of the road improvement scheme. Nevertheless, the Department would closely monitor the road usage by various types of vehicle and impacts on the local area so as to make adjustments where necessary.
105. Mr Derek LEUNG, in response to the proposed filling of Tsang Kok Stream estuary, repeated that the current access to the landfill would be closed after the road closure. After the
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construction of the new road, ancillary transport facilities connecting to the landfill were required to ensure the daily operation would not be affected. Since constructing a flyover would not serve the same function, it was necessary to fill the estuary of Tsang Kok Stream to provide adequate land for constructing ancillary transport facilities and other uses.
106. The Vice-chairman concluded that Members generally supported the proposed road improvement scheme by the Department and had given numerous comments on the road design. He hoped the Department would listen to and consider their views. Also, Members were concerned about the traffic flow after the implementation of the road improvement scheme. They hoped the Department would compile a comprehensive TIA report to prevent future transport problems. Just as what the local Member had said, the works progress should not be affected when the Department was considering Members’ views. He hoped the works project could be sped up. He thanked representatives of the departments and the consultancy for attending the meeting.
(Post-meeting note: The Secretariat circulated PowerPoint slides of the briefing to Members for their reference on 25 April 2019.)
Item XI: Work Plan of the Independent Commission Against Corruption (ICAC) Regional Office (New Territories North West) in 2019/20 (YLDC Paper No. 19/2019) 107. The Vice-chairman asked Members to take note of Paper No. 19, which set out the work strategies and focuses of the Work Plan of the ICAC Regional Office (New Territories North West) in 2019/20 for Members’ reference and comments. The Vice-chairman welcomed the following ICAC representatives to the meeting:
Regional Officer/New Territories West Ms Jodi LEUNG Senior Community Relations Officer Mr Terry NG
108. Ms Jodi LEUNG briefed Members on the work strategies and focuses of the Work Plan of the ICAC Regional Office (New Territories North West) in 2019/20. She also invited the YLDC to be the co-organiser of “Support Clean Election” integrity promotion activities in Yuen Long District.
109. The Vice-chairman concluded that Members had endorsed the YLDC as the co-organiser of “Support Clean Election” integrity promotion activities in Yuen Long District. He also hoped the YLDC would continue to work closely with the ICAC to promote messages on probity in the future.
Item XII: Invitation to YLDC to co-organise activities in celebration of the 70th anniversary of the founding of the People’s Republic of China (YLDC Paper No. 35/2019) 110. The Vice-chairman asked Members to take note of Paper No. 35, which was about the invitation extended by the Federation of Yuen Long Associations and the six Rural Committees in Yuen Long to the YLDC for co-organising activities in celebration of the 70th anniversary of the founding of the People’s Republic of China. It suggested that the Chairman serve as the temporary convenor of the Yuen Long District Organising Committee for the Celebration of the
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National Day of the People’s Republic of China (“Organising Committee”) and two to eight Members be appointed to the Organising Committee. It also proposed an allocation of $91,249.5 for employing a Project Officer for seven months with effect from 1 May 2019 to prepare for the activities. The overall budget of the activities would be submitted to the Finance Committee (“FC”) for consideration and endorsement in due course.
111. The Vice-chairman said that he, Ms CHIU Sau-han, MH, Ms LAU Kwai-yung, Mr LEUNG Ming-kin, Mr LUI Kin, MH, Ms MA Shuk-yin, Mr TANG Cheuk-him, Mr Ronnie TANG, Mr WONG Cheuk-kin and Ms WONG Wai-ling (10 Members in total) joined the Organising Committee on behalf of the YLDC in the previous year. He asked Members to endorse the Chairman to be the temporary convenor of the Organising Committee and raise their hands to indicate their interest in joining the Organising Committee.
112. Ms CHIU Sau-han, MH said she and Ms WONG Wai-ling were interested in joining the Organising Committee. Ms LAU Kwai-yung, Mr LEUNG Ming-kin, Mr LUI Kin, MH, Ms MA Shuk-yin and Mr SIU Long-ming, MH expressed their interest in joining the Organising Committee.
113. The Vice-chairman asked the Secretariat to invite Members to fill the remaining vacancies in the Organising Committee by letter. He also sought Members’ approval on the co-organisation of the activities and the allocation of $91,249.5 for employing a Project Officer for seven months to prepare for the activities.
114. Members raised no objection and endorsed the above arrangement.
115. Mr Zachary WONG enquired about the attendance of the YLDC representatives at the Organising Committee meetings in the previous year.
116. Ms Cindy PANG said the Secretariat would seek information on the meeting attendance of Member representatives in the previous year from the Organising Committee after the meeting.
117. Mr Zachary WONG said he would enquire about the attendance of Member representatives at meetings of organising committees for events co-organised with the YLDC, whether it was the Youth Festival, the Arts Festival or the Sports Festival. Therefore, he hoped the Secretariat would help provide the statistics in the future.
118. The Vice-chairman thanked Mr Zachary WONG for his view and looked forward to higher attendance of Member representatives at the Organising Committee meetings.
(Post-meeting note: On 18 April 2019, the YLDC Secretariat wrote to invite Members to join the Organising Committee. Mr KWOK Hing-ping and Mr KWOK Keung, MH had expressed their interest in joining. A total of nine Members, including Ms CHIU Sau-han, MH, Mr KWOK Hing-ping, Mr KWOK Keung, MH, Ms LAU Kwai-yung, Mr LEUNG Ming-kin, Mr LUI Kin, MH, Ms MA Shuk-yin, Mr SIU Long-ming, MH and Ms WONG Wai-ling would join the Organising
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Committee on behalf of the YLDC.)
Item XIII: Invitation to YLDC to form the “STEM@Yuen Long Co-ordinating Committee” (YLDC Paper No. 36/2019) 119. The Vice-chairman asked Members to take note of Paper No. 36, which was about the invitation extended by Yuen Long Town Hall Management Committee to the Chairman to be the temporary convenor and form the “STEM@Yuen Long Co-ordinating Committee” (“Co-ordinating Committee”) for organising STEM activities in the district. It was suggested that four Members be appointed to join the Co-ordinating Committee which also included four representatives from each of Yuen Long District Secondary School Heads Association, Yuen Long District Primary School Heads Association and Yuen Long Town Hall Management Committee.
120. The Vice-chairman said that Mr LEUNG Ming-kin, Ms MA Shuk-yin, Mr MAK Ip-sing, Mr MAN Kwong-ming and Mr TO Ka-lun (five Members in total) joined the Co-ordinating Committee on behalf of the YLDC in the previous year. He asked Members to endorse that the Chairman be the temporary convenor of the Co-ordinating Committee and raise their hands to indicate their interest in joining the Co-ordinating Committee this year.
121. Ms MA Shuk-yin and Mr TO Ka-lun said they were interested in joining the Co-ordinating Committee.
122. The Vice-chairman asked the Secretariat to invite Members to fill the remaining seats of the Co-ordinating Committee by letter.
123. Members endorsed that the Chairman be the temporary convenor of the Co-ordinating Committee.
(Post-meeting note: On 18 April 2019, the YLDC Secretariat wrote to invite Members to join the Co-ordinating Committee. Mr KWOK Hing-ping, Mr LEUNG Ming-kin and Mr MAK Ip-sing expressed their interest in joining. A total of five Members, including Mr KWOK Hing-ping, Mr LEUNG Ming-kin, Ms MA Shuk-yin, Mr MAK Ip-sing and Mr TO Ka-lun would join the Co-ordinating Committee on behalf of the YLDC.)
Item XIV: Community Participation Programme in Environmental Protection 2019/20 (YLDC Paper No. 37/2019) 124. The Vice-chairman asked Members to take note of Paper No. 37, which was about the invitation extended by the Environmental Protection Department (“EPD”) to the YLDC to continue to support the Community Participation Programme in Environmental Protection and endorse an allocation of $200,000 for supporting the YLDC to organise promotional activities at the community level to cultivate the values of “Use Less, Waste Less and Clean Recycling” and encourage the public to live a green life.
125. The Vice-chairman asked Members to consider whether to accept the above invitation. If the invitation was accepted, Members could consider providing the subsidy of $200,000 in total to the Working Group on the Promotion and Education for Environmental Protection under the
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YLDC for following up and arranging the activities.
126. Members raised no objection and endorsed the above arrangement.
Item XV: Invitation to YLDC to co-organise the Occupational Safety and Health Promotion Campaign 2019 (YLDC Paper No. 38/2019) 127. The Vice-chairman asked Members to take note of Paper No. 38, which was about the invitation extended by the Occupational Safety and Health Council (“OSHC”) to the YLDC to participate in the Occupational Safety and Health Promotion Campaign 2019. If Members accepted the above invitation, the OSHC would provide a subsidy of $40,000 to support the YLDC and district groups to organise activities promoting occupational safety and health.
128. The Chairman asked Members to consider whether to accept the invitation. If the invitation was accepted, Members could consider providing the subsidy of $40,000 in total to the Working Group on Building a Safe Community in Yuen Long under the YLDC for following up and arranging the activities.
129. Members raised no objection and endorsed the above arrangement.
Item XVI: Nomination of Representative for Appointment to the Third Selection Panel for Mandatory Building Inspection Scheme and Mandatory Window Inspection Scheme (YLDC Paper No. 40/2019) 130. The Vice-chairman asked Members to take note of Paper No. 40, which was about the invitation extended by the Building Department (“BD”) to the YLDC to nominate a representative to serve on the Selection Panel for the Mandatory Building Inspection Scheme and Mandatory Window Inspection Scheme (“Selection Panel”). The representative, whose three-year term of appointment would start on 1 June 2019 and expire on 31 May 2022, would advise the BD on the selection of target buildings.
131. The Vice-chairman said Mr MAK Ip-sing was the DC representative in the previous term. As suggested in the BD’s letter, when nominating the representative for appointment to the Selection Panel, the DC should refer to the principles on the system of appointments to advisory and statutory bodies established by Home Affairs Bureau (“HAB”), namely the “Six-year Rule” and the “Six-board Rule”, to ensure a healthy turnover of members and a reasonable distribution of workload. The Vice-chairman asked Members to make nominations.
132. As no nominations had been made at the meeting, the Vice-chairman asked the Secretariat to write to invite nominations from Members.
(Post-meeting note: The YLDC Secretariat was informed that Mr MAK Ip-sing would like to continue to serve on the above Selection Panel after the meeting. On 18 April 2019, it wrote to ask Members to express whether they agreed to the nomination of Mr MAK Ip-sing to serve on the above Selection Panel by circulation. During the designated circulation period, the Secretariat had
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received replies from 24 Members, who indicated that they would agree to the nomination of Mr MAK Ip-sing to serve on the above Selection Panel. Pursuant to Order 47(1) of the District Council Standing Orders, the nomination had been agreed by an absolute majority (i.e. more than half of the Members). Therefore, it would be taken that Mr MAK Ip-sing had been endorsed as a member of the Third Selection Panel for Mandatory Building Inspection Scheme and Mandatory Windows Inspection Scheme. The Secretariat had notified Members of the circulation result by letter on 29 April 2019.)
Item XVII: Report on the work progress of District-led Actions Scheme 133. The Vice-chairman invited Mr Enoch YUEN, JP, District Officer (Yuen Long) and Ms Joanna POON, Acting Assistant District Officer (Yuen Long) 1 to report the latest progress of District-led Actions Scheme (“DAS”).
134. Mr Enoch YUEN, JP thanked the departments for their concerted efforts in DAS. He also thanked Members for suggesting blackspots of illegal parking of bicycles and promoting DAS.
135. Ms Joanna POON briefed Members on the work progress of DAS.
136. Mr Daniel CHAM, BBS, MH, JP said during the enforcement actions against unauthorised shop extension, the Department removed unauthorised metal floor slabs without clearing those made of concrete. He said the problem had been reflected at the District Facilities Management Committee (“DFMC”) meeting, and as the District Lands Office (“DLO”) had stated at the meeting, it would be difficult to enforce the law if the metal floor slab was slightly moved. He demanded that the unreasonable and unsatisfactory situation be addressed. As concrete floor slabs were immovable, he enquired why the Department did not take enforcement action. Also, he pointed out that the Department had cleared bicycles in legal bicycle parking spaces near Central Park Towers. These bicycles were cleared by the TD which had posted notices on repairing the bicycle parking spaces, rather than through inter-departmental joint operations. The operation confused public members who parked their bicycles in legal bicycle parking spaces.
137. Mr Zachary WONG said he had reflected the unauthorised shop extension problem at Chun Yin Square but the DLO replied that it would not take enforcement action on individual cases, which would only be dealt with during joint operations. In the previous year, joint operations were taken there. Only illegal structures at small shops but not those of the most serious nature were removed. He enquired with the DLO on the rationales and whether inter-departmental joint operations at Chun Yin Square would be considered.
138. Mr Enoch YUEN, JP thanked the two Members for their views, saying that the YLDO was to coordinate the work of departments on taking enforcement actions under DAS. The YLDO noted Members’ views and would follow up on individual cases after the meeting.
Item XVIII: Funding provision for YLDC in 2019/20 (YLDC Paper No. 39/2019) 139. The Vice-chairman asked Members to take note of Paper No. 39, which reported the funding provision for the YLDC in 2019/20. He also asked Members to consider endorsing the proposed
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allocation of central reserve under the District Minor Works Block Vote of Home Affairs Department (“HAD”) in 2019/20 and note that payment of consultants’ fees and resident site staff costs would be arranged by the Headquarters.
140. Members endorsed the central reserve under the HAD’s District Minor Works Block Vote in 2019/20 and noted payment of the consultants’ fee and resident site staff costs would be arranged by the Headquarters.
141. The Vice-chairman said that a quorum was not present and directed the Secretariat to summon Members to the meeting.
(Fifteen minutes later)
142. As a quorum was not present, the Vice-chairman announced that the meeting was adjourned at 4:45 p.m.
(Post-meeting note: The YLDC Secretariat followed up with Members on two agenda items that had not been discussed at the meeting. The details were provided below. )
Item XIX: Progress reports of Committees (i) Yuen Long District Management Committee (YLDC Paper No.20/2019) (ii) District Facilities Management Committee (YLDC Paper No. 21/2019) (iii) Culture, Recreation, Community Service and Housing Committee (YLDC Paper No. 22/2019) (iv) Environmental Improvement Committee (YLDC Paper No. 23/2019) (v) Finance Committee (YLDC Paper No. 24/2019) (vi) Town Planning and Development Committee (YLDC Paper No. 25/2019) (vii) Traffic and Transport Committee (YLDC Paper No. 26/2019) (Post-meeting note: The YLDC Secretariat wrote to invite Members to note the progress reports of the Committees. No comments were received from Members within the specified period.)
Item XX: Any other business (i) New ex-officio YLDC Members joining the Committees under YLDC (Post-meeting note: Members endorsed the following applications for joining the Committees by circulation: Mr Jimmy MAN joined the FC, the TP&DC and the T&TC Mr TANG Che-keung joined the DFMC, the EIC and the TP&DC Mr CHING Chan-ming joined the DFMC, the TP&DC and the T&TC)
Yuen Long District Council Secretariat June 2019
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