Minutes of the 21st Meeting of Yau Tsim Mong District Council (2012-2015)

Date : 26 February 2015 (Thursday) Time : 1:30 p.m. Venue : Yau Tsim Mong District Council Conference Room 4/F., Mong Kok Government Offices 30 Luen Wan Street Mong Kok, Kowloon

Present:

Chairman Mr CHUNG Kong-mo, JP

Vice-chairman Ms KO Po-ling, BBS, MH, JP

District Council Members Mr CHAN Siu-tong, MH Ms KWAN Sau-ling Mr CHAN Wai-keung Mr LAM Kin-man Mr CHOI Siu-fung, Benjamin Mr LAU Pak-kei Mr CHONG Wing-charn, Francis The Honourable TO Kun-sun, James Mr CHOW Chun-fai, BBS, JP Mr WONG Chung, John Mr HAU Wing-cheong, BBS, MH Mr WONG Kin-san Mr HUI Tak-leung Mr WONG Man-sing, Barry, MH Mr HUNG Chiu-wah, Derek Ms WONG Shu-ming Mr IP Ngo-tung, Chris Mr YEUNG Tsz-hei, Benny, MH

Representatives of the Government Mrs ARON Laura Liang, JP District Officer (Yau Tsim Mong) Home Affairs Department Miss NG Wai-chung, Jocelyn Assistant District Officer (Yau Tsim Home Affairs Department Mong) Mr LAU Ping-kwong Chief Health Inspector 1 (Mong Food and Environmental Kok) Hygiene Department Mr WONG Kam-wah District Environmental Hygiene Food and Environmental Superintendent (Yau Tsim) Hygiene Department Mr Mark FOSTER District Commander (Mong Kok Hong Kong Police Force District) Mr KWOK Pak-chung, Patrick District Commander (Yau Tsim) Hong Kong Police Force Ms YUEN Miu-chun, Christine Senior Transport Officer (Yau Tsim Transport Department Mong) Mr CHAIONG David, Stanley Chief Leisure Manager (Hong Kong Leisure and Cultural Services West) Department Mr POON Hiu-tung, Felix Engineer/14 (Kowloon) Civil Engineering and Development Department

- 1 - Mr LEE Chi-yin Senior Housing Manager (Kowloon Housing Department West and Hong Kong 1)

In Attendance:

Mr Rimsky YUEN, SC, JP Secretary for Justice Department of Justice Mr LEE Man-sing, Howard Administrative Assistant to Secretary Department of Justice for Justice Miss LEUNG Wing-sum, Anna Assistant Secretary (3C) Constitutional and Mainland Affairs Bureau Mr LEUNG Chi-ming Deputy District Leisure Manager Leisure and Cultural Services (District Support) Yau Tsim Mong Department Mr CHAN Yee-fei Head of Service (Hong Kong) New Home Association Ms FU Yim-ting, Jenny Centre In-Charge New Home Association Mr SUN Yuk-han, Chris, JP Deputy Secretary (Health) Food and Health Bureau Dr LEE Pui-man, Jeff Senior Medical & Health Officer, Food and Health Bureau Healthcare Planning and Development Office Mr LO Chun-man Senior Divisional Officer (Planning Fire Services Department Group) Mr KEUNG Sai-ming, Sam Divisional Officer (Planning Group) 2 Fire Services Department (Atg) Mr YIU Men-yeung Assistant Divisional Officer (Planning Fire Services Department Group) 3 Ms CHAN Man-ling, Juana Senior Architect (West Kowloon Home Affairs Bureau Cultural District) Mr HO Tat-hei Senior Project Manager 233 Architectural Services Department Mr LEUNG Heung-kwan, Ellis Deputy Director Andrew Lee King Fun & Associates Architects Ltd Mr CHOI Ching-yu, Marcus Senior Architect Andrew Lee King Fun & Associates Architects Ltd Mr Duncan PESCOD, GBS, JP Chief Operating Officer West Kowloon Cultural District Authority Ms Bonny WONG Director, Chief Executive Officer’s West Kowloon Cultural Office District Authority Mr Derek SUN Head, Planning and Development, West Kowloon Cultural Project Delivery District Authority Ms Lisa TSANG Head, Operations Development, West Kowloon Cultural Performing Arts District Authority Mr MOK Wing-cheong, Ringo Chief Engineer/Kowloon 5 (Kowloon) Civil Engineering and Development Department Mr LEUNG Wing-tak, David Senior Engineer/3 (Kowloon) Civil Engineering and Development Department Mr YC NG Head, Technical Services West Kowloon Cultural District Authority Ms DING Shuk-wah, Alice District Social Welfare Officer Social Welfare Department (Kowloon City/Yau Tsim Mong) (Atg) Mr LUK Kwok-po Chief Estate Officer/Kowloon Lands Department

- 2 - Mr LI Kam-hung, Joe Principal Estate Officer/Kowloon Lands Department West (North) Ms PANG Wai-shan, Catherine Senior Estate Surveyor/Kowloon Lands Department Central Mr CHAU Yat-cheung, District Planning Officer/Tsuen Wan Planning Department Lawrence & West Kowloon (Atg) Ms YUEN Man-sin, Michelle Senior Town Planner/Yau Tsim Mong Planning Department (Atg)

Secretary Ms CHUNG Siu-lan, Joanne Senior Executive Officer (District Home Affairs Department Council), Yau Tsim Mong District Office

Opening Remarks

The Chairman welcomed representatives from government departments and participants to the meeting. He reported that new District Commanders Mr Patrick KWOK and Mr Mark FOSTER succeeded District Commanders of the Yau Tsim Police District and the Mong Kok Police District of the Hong Kong Police Force respectively who had been transferred to other posts; and that Mr LI Ka-kei, District Environmental Hygiene Superintendent (Mong Kok) of the Food and Environmental Hygiene Department (“FEHD”) had also been transferred out and his successor Mr Eric CHEUNG, who was absent due to other official commitments, had designated Mr LAU Ping-kwong, Chief Health Inspector 1 (Mong Kok) to attend the meeting in his place. The Chairman suggested writing to the Commissioner of Police and the Director of Food and Environmental Hygiene in the name of the Yau Tsim Mong District Council (“YTMDC”) to express gratitude to Mr YU, Mr CHUNG and Mr LI for their contribution to the district and the YTMDC during their terms of office. There was no objection. The Chairman further said that Ms Christine YUEN, Senior Transport Officer (Yau Tsim Mong) of the Transport Department (“TD”) and Mr LEE Chi-yin, Senior Housing Manager (Kowloon West and Hong Kong 1) of the Housing Department were attending the meeting respectively in place of Mr Mario CHOY, Chief Transport Officer/Kowloon who was on leave and Mr LUI Kwong-fai, Chief Manager/Management (Kowloon West and Hong Kong) who was absent due to other commitments. The Chairman also said that due to other official commitments, Mr Ringo MOK, Chief Engineer/Kowloon 5 (Kowloon) of the Civil Engineering and Development Department (“CEDD”), would join the meeting later for discussion on Item 16, and before his arrival, Mr Felix POON, Engineer/14 (Kowloon), would attend the meeting in his place. Mrs Laura ARON, District Officer (Yau Tsim Mong) of the Home Affairs Department (“HAD”), would leave the meeting at 4:00 p.m. due to other official commitments and from then on, Miss Jocelyn NG, Assistant District Officer (Yau Tsim Mong), would attend the meeting in her place.

(Mr Derek HUNG and Mr LAU Pak-kei joined the meeting at 1:35 p.m.)

Item 1: Consultation Document on the Method for Selecting the Chief Executive by Universal Suffrage

- 3 -

Item 2: To Forge Consensus So As to Implement Universal Suffrage As Scheduled (YTMDC Paper No. 5/2015)

2. The Chairman said that Items 1 and 2, both concerned with the method for selecting the Chief Executive (“CE”) by universal suffrage, should be discussed together. There was no objection.

3. The Chairman welcomed Mr Rimsky YUEN, Secretary for Justice, Mr Howard LEE, Administrative Assistant to Secretary for Justice, and Miss Anna LEUNG, Assistant Secretary (3C) of the Constitutional and Mainland Affairs Bureau to the meeting.

4. Mr Rimsky YUEN briefly introduced the key points of the Consultation Document on the Method for Selecting the CE by Universal Suffrage as follows:

(i) The CE was currently elected by a 1 200-member Election Committee (“EC”). If universal suffrage for the CE election was implemented in 2017, 5 million eligible voters would be able to elect the CE through “one person, one vote” by that time.

(ii) If the CE was to be elected through “one person, one vote”, persons seeking nomination and candidates would have to face 7 million people in Hong Kong. To seek the support of the Nominating Committee (“NC”) and voters, they would be likely to put forward manifestoes that would be more responsive to public aspirations. The Government also hoped to enhance transparency and competitiveness of the nominating procedures, so that persons seeking nomination could have opportunities to introduce their manifestoes to the public while voters could give feedback through different platforms. This could facilitate interaction between the public and the NC in order to solicit extensive public support for nomination results.

(iii) Universal suffrage for selecting the CE was a prerequisite for universal suffrage for the Legislative Council (“LegCo”). The election of all LegCo Members by universal suffrage could only be implemented as the next step following the implementation of universal suffrage for the CE in 2017. This was of vital importance to the electoral system and governance of Hong Kong. Therefore, the Government hoped that the motion to amend Annex I to the Basic Law concerning the method for the selection of the CE, which would be put forth to the LegCo later, could obtain endorsement by a two-thirds majority of all LegCo Members.

(Mr HUI Tak-leung joined the meeting at 1:43 p.m.)

5. Mr Francis CHONG supplemented the contents of Paper No. 5/2015. He said that some members of the public did not truly understand Article 45 of and Annex I to the Basic Law and accused the Central Government of “breaking its promise”. He said that according to Article 45 of and Annex I to the Basic Law, the NC would select the CE candidates before voters elected the CE designate, who would formally be appointed by the Central Government as the CE. The Basic Law had never been pledged to establish an electoral system for the CE without a NC. He continued that the Standing Committee of the National People’s

- 4 - Congress (“NPCSC”) decided on 29 December 2007 that the selection of the CE by universal suffrage could be implemented in Hong Kong in 2017 but some people took it out of context. They opined that the decision implied “genuine universal suffrage” and overlooked that the selection of the CE by universal suffrage had to be implemented in accordance with the Basic Law. On the contrary, they criticised the Central Government for breaking its promise and such allegation was unfounded. He suggested the CE or Mr Rimsky YUEN spend 30-minute television airtime to explain to the public the contents of Article 45 of and Annex I to the Basic Law.

6. Mr Chris IP said that after two rounds of public consultation on constitutional reform, members of the public generally hoped to elect the CE through “one person, one vote” in 2017 and opined that the passage of the constitutional reform package was a great step forward for the constitutional development in Hong Kong. He continued that many opinion polls indicated that around 60% of the respondents supported the passage of the constitutional reform package. LegCo Members were turning themselves enemy of the public if they vetoed the package. He hoped that the Hon James TO could support the constitutional reform package such that 5 million eligible voters could have the opportunity to elect the CE by “one person, one vote” in 2017.

(Mr John WONG joined the meeting at 1:50 p.m.)

7. Ms KWAN Sau-ling said that the community still had divergent views on the method for selecting the CE by universal suffrage at present. The Government should step up publicity to the members of the public who did not clearly understand the relevant provisions of the Basic Law in order to forge consensus. She stressed that members of the public generally hoped that the selection of the CE by universal suffrage could be implemented in 2017 in accordance with the law.

8. The Hon James TO said that he was elected with more than 300 000 votes in the LegCo election in 2012 and his manifesto at that time included the pursuit of “genuine universal suffrage”. Many opinion polls also indicated that members of the public in support of the pan-democrats strongly requested the implementation of “genuine universal suffrage”. They would definitely not accept “fake universal suffrage” and even considered “fake universal suffrage” worse than an “impasse”. He continued that the decisions of the NPCSC might be amended or retracted according to Article 62 of the Constitution of the People’s Republic of China. He hoped that state leaders could give regard to the international situation as well as the status in Taiwan and Hong Kong and amend or retract the “8.31 Decision” of the NPCSC such that Hong Kong people could enjoy genuine universal suffrage, including genuine rights to nominate and vote.

9. Mr Chris IP said that he understood that the Hon James TO, as a pan-democratic LegCo Member, had to vote according to the preference of his supporters, but the findings of many opinion polls indicated that only around 30% of the respondents opposed the constitutional reform package and pan-democratic LegCo Members would go against the wish of the remaining some 60% of the respondents for not supporting the package. Pan-democratic LegCo Members had all along stressed the importance of opinion poll findings but they intended to veto the constitutional reform package, forsaking the interests of the majority to please the minority.

10. Mr Francis CHONG said that regarding the “genuine universal suffrage” and the

- 5 - “fake universal suffrage” referred to by the Hon James TO, a “genuine universal suffrage” was an election that bypassed the NC while a “fake universal suffrage” was an election that involved the NC. He stressed that the Basic Law had indicated that the NC and the EC would be involved. The members concerned were suitably qualified and experienced in Hong Kong. If they screened the persons seeking nomination as CE candidates, it would be more likely that candidates acceptable to the Central Authorities would stand for the CE election, which was beneficial to Hong Kong as a whole.

11. Mr CHAN Siu-tong said that the number of people electing the CE grew from 400 to 1 200 in only 17 years after the return of Hong Kong to China. If the constitutional reform package was passed, more than 5 million voters in Hong Kong could elect the CE by “one person, one vote” in 2017, outpacing the democratic development in many western democratic countries. Currently, around 60% of the respondents in public opinion polls aspired to select the CE by universal suffrage in 2017. He hoped that pan-democratic legislators could consider supporting the package. He also enquired when the Government could restart the “Five-Step Process of Constitutional Development” in case the package was voted down eventually.

12. The Vice-chairman indicated that the respect for the constitutional status of the Basic Law and the NPCSC’s Decisions formed an important foundation of law compliance. Since Hong Kong was a Special Administrative Region of China, the NPCSC would not decide on the constitutional development of Hong Kong recklessly. Hence, the NPCSC unanimously laid down the principles for Hong Kong’s constitutional development on 31 August 2014. She was of the view that constitutional development had to progress in a gradual and orderly manner to avoid chaos. In fact, constitutional development had progressed in such a manner in Hong Kong before the handover of sovereignty to the present. It was unwise of some people to request that the right to nominate be bundled with the right to vote.

13. Mr Rimsky YUEN responded as follows:

(i) The Central Authorities eagerly looked forward to the implementation of universal suffrage for selecting the CE in Hong Kong. He hoped that the constitutional reform package could be accepted by the general public of Hong Kong, the LegCo, the HKSAR Government and the Central Authorities.

(ii) The Central Authorities emphasised that constitutional development must be built on the basis of the Basic Law and the relevant Interpretation and Decisions of the NPCSC. Article 45 of the Basic Law also provided that the ultimate aim was the selection of the CE by universal suffrage upon nomination by a NC.

(iii) It took as much as four years and eight months to draft the Basic Law, during which a number of consultations were held in Hong Kong and the Mainland. Many Hong Kong people had expressed their views on the drafting of the Basic Law, including the provision relating to the formation of the NC. Any deviation from the Basic Law would have negative impacts on the respect for the constitutional system and the rule of law.

(iv) Implementing universal suffrage for selecting the CE would certainly be more desirable than an impasse. If universal suffrage was to be implemented for

- 6 - selecting the CE in 2017, 5 million eligible voters in Hong Kong could elect the CE by “one person, one vote”.

(v) The package to be put forward by the Government would not be final. The Government could amend the method for selecting the CE in the light of the actual situation in Hong Kong in the future. Article 7 of Annex I to the Basic Law prescribed the procedures for amending the method for selecting the CE.

(vi) He hoped that the public could weigh the pros and cons of passing and vetoing the package, and choose objectively whether to support the implementation of universal suffrage for selecting the CE in 2017.

(vii) He hoped that the public would analyse the issue in an objective, pragmatic and rational manner. He appealed to the public to take into account the overall development of Hong Kong and the interests of future generations. In this light, a step forward in constitutional development would surely be better than an impasse.

14. The Hon James TO opined that a CE with fake legitimacy could commit even more misdeeds. He continued that the “8.31 Decision” had shocked the parties that had put forward middle-of-the-road proposals. He doubted whether the Decision was compatible with the circumstances in Hong Kong. In addition, if universal suffrage for the selection of the CE was implemented in 2017, the Central Authorities might be less motivated to further improve Hong Kong’s electoral system. He then recounted that the Central Government had accepted the constitutional reform package put forward by the Democratic Party in 2010, the then CE had no knowledge of it until two days before the package was accepted. In this light, it was not impossible that the “8.31 Decision” could be amended or retracted.

15. Mr Francis CHONG said that the “8.31 Decision” was “big relaxation and little restriction” in essence. The “big relaxation” of the Decision meant that while the EC could nominate CE candidates and elect the CE at present, the CE candidates would be nominated by the NC and the CE would be elected by members of the general public registered as voters upon the passage of the constitutional reform package. As for “little restriction”, the present requirement for CE candidacy was nomination by 100 EC members only. However, persons who wished to stand for the CE election in future would need the nomination by more than half of all the NC members. As such, the “8.31 Decision” was conducive to the election of the CE who would more likely be acceptable to the Central Authorities.

16. Mr WONG Kin-san was displeased that pan-democrats stifled Hong Kong people’s opportunity to select the CE by universal suffrage in 2017. He added that upon the completion of the first round of public consultation on constitutional reform, the illegal Occupy Movement took place. A number of places in Mong Kok District had been occupied for 79 days and the residents in the Mong Kok District had a hard life. He wanted to know when the Government would bring the occupiers to justice.

17. Mr Benny YEUNG said that the constitutional reform package could allow the general public in Hong Kong to elect the CE by “one person, one vote” the soonest possible in 2017. He pointed out that the interpretations on “nomination power” varied from country to country, even among those countries with universal suffrage. In addition, the constitutional development of Hong Kong should tie in with its specific circumstances. He hoped that

- 7 - different sectors of the community could narrow the differences and give their views on the detailed arrangements for the selection of the CE by universal suffrage.

18. Mr Benjamin CHOI said that according to the Hon James TO’s remark, the CE elected under a system with screening was apparently legitimate and it would ease the Central Government’s pressure of improving the electoral method in Hong Kong. However, this remark in fact presumed that the public could not differentiate between “legitimacy” and “illegitimacy”. He continued that in the view of the Hon James TO, the public would take a fake election without legitimacy as genuine universal suffrage and would be misled into thinking that the CE elected under such an electoral system was legitimate. He considered that such view underestimated the collective wisdom of the public and that the Hon James TO should withdraw the remark.

19. Mr Rimsky YUEN responded as follows:

(i) As an open society with a high degree of transparency, Hong Kong would make continuous improvements over constitutional development. If universal suffrage for the selection of the CE was implemented in 2017, the public would request the future CE candidates to propose improvements on the electoral system. The discussions on constitutional development would not come to an end even if universal suffrage for the selection of the CE was implemented in 2017.

(ii) The political environment in Hong Kong nowadays was completely different from that in 2010. As such, it was not possible to assume that the NPCSC might revise or retract the Decision made on 31 August last year by the same token as in 2010. He hoped that the Councillors and members of the public who opposed the constitutional reform package could be pragmatic in assessing the possibility of revising or retracting the Decision by the NPCSC.

20. The Chairman said that the original motion in YTMDC Paper No. 5/2015 was proposed by Mr CHAN Siu-tong, Mr CHAN Wai-keung, Mr Benjamin CHOI, Mr Francis CHONG, Mr CHOW Chun-fai, Mr HAU Wing-cheong, Mr HUI Tak-leung, Mr Derek HUNG, Mr Chris IP, Ms KWAN Sau-ling, Mr LAU Pak-kei, Mr John WONG, Mr WONG Kin-san, Mr Barry WONG, Ms WONG Shu-ming and Mr Benny YEUNG and him, and was seconded by Ms KO Po-ling. The original motion was as follows:

“This District Council supports the scheduled implementation of universal suffrage for the Chief Executive election in 2017 in accordance with the Basic Law and the decision of the National People’s Congress Standing Committee on universal suffrage so that all eligible voters in Hong Kong can select the Chief Executive in a one-person, one-vote election. We call upon different social sectors to respect each other and to actively participate in the second round of public consultations on political reform so that the public can forge a consensus to request the Legislative Council to pass the political reform package as scheduled, and Hong Kong can make a great step forward in political reform.”

21. The Chairman continued that Mr LAM Kin-man had authorised the Hon James TO in writing to vote on his behalf. He added that the Hon James TO had proposed an ----- amended motion (Annex 1) in writing on 25 February 2015. The amended motion was

- 8 - seconded by Mr LAM Kin-man as follows:

“This District Council supports the revision or retraction of the ‘8.31 Decision’ made by the Standing Committee of the National People’s Congress (“NPCSC”) in accordance with Article 62 of the Constitution of the People’s Republic of China, and the restart of the Five-Step Process of Constitutional Development in accordance with the Basic Law and the NPCSC’s provisions and interpretation on issues relating to universal suffrage in 2004, with a view to implementing the universal suffrage for the Chief Executive election in 2017 as scheduled so that all eligible voters in Hong Kong can select the Chief Executive in a genuine one-person, one-vote election. We call upon different social sectors to respect each other and to actively participate in the discussion on restarting the political reform so that the public can forge a consensus to request the Legislative Council to veto the political reform package under the 8.31 framework, and Hong Kong can make a great step forward in political reform.”

22. The Chairman asked Councillors to vote on the amended motion according to YTMDC Standing Orders.

23. Voting result: The Hon James TO and Mr LAM Kin-man (The Hon James TO voted on his behalf) voted for the motion (2 votes). The Chairman, the Vice-chairman, Mr CHAN Siu-tong, Mr CHAN Wai-keung, Mr Benjamin CHOI, Mr Francis CHONG, Mr CHOW Chun-fai, Mr HAU Wing-cheong, Mr HUI Tak-leung, Mr Derek HUNG, Mr Chris IP, Ms KWAN Sau-ling, Mr LAU Pak-kei, Mr John WONG, Mr WONG Kin-san, Ms WONG Shu-ming and Mr Benny YEUNG voted against the motion (17 votes). No Councillor abstained from voting.

24. The Chairman announced that the amended motion was negatived. He then asked Councillors to vote on the original motion.

25. Voting result: The Chairman, the Vice-chairman, Mr CHAN Siu-tong, Mr CHAN Wai-keung, Mr Benjamin CHOI, Mr Francis CHONG, Mr CHOW Chun-fai, Mr HAU Wing-cheong, Mr HUI Tak-leung, Mr Derek HUNG, Mr Chris IP, Ms KWAN Sau-ling, Mr LAU Pak-kei, Mr John WONG, Mr WONG Kin-san, Ms WONG Shu-ming and Mr Benny YEUNG voted for the motion (17 votes). The Hon James TO and Mr LAM Kin-man (The Hon James TO voted on his behalf) voted against the motion (2 votes). No Councillor abstained from voting.

26. The Chairman announced that the original motion was passed.

27. The Chairman thanked the relevant representatives for joining the discussion on this item.

Item 3: Confirmation of Minutes of 20th YTMDC Meeting

28. The minutes of the last meeting were confirmed without amendment.

- 9 - Item 4: Financial Position of YTMDC as at 12 February 2015 (YTMDC Paper No. 6/2015)

Item 5: Application for Granting of Funds for District Free Entertainment Programmes Organised by Leisure and Cultural Services Department (“LCSD”) for Yau Tsim Mong (“YTM”) District in 2015-16 (YTMDC Paper No. 7/2015)

Item 6: Organisation of Recreation and Sports Activities in YTM District by LCSD from April 2015 to March 2016 (YTMDC Paper No. 8/2015)

Item 7: LCSD’s Funding Application for Organising Extension Activities of Public Libraries in YTM District from April 2015 to March 2016 (YTMDC Paper No. 9/2015)

Item 8: Revised Funding Application from YTM District Civic Education Campaign Co-ordinating Committee for Organising Civic Education Activities in YTM District in 2014-15 (YTMDC Paper No. 25/2015)

29. The Chairman proposed that the papers in respect of Items 4 to 8 about District Council (“DC”) funding applications be discussed together and there was no objection. He reminded Councillors to fill in the Declaration of Interests form on the table if necessary.

30. The Chairman welcomed Mr LEUNG Chi-ming, Deputy District Leisure Manager (District Support) Yau Tsim Mong of the LCSD to the meeting.

31. Councillors noted the financial position of the YTMDC funds as at 12 February 2015, and endorsed the funding application for Item 8 (YTMDC Paper No. 25/2015).

32. The Chairman said that the HAD had not informed the YTMDC of the amount of funds to be granted for the community involvement programmes for the following year. Councillors were invited to consider endorsing, in principle, the funding applications for Items 5 to 7 (YTMDC Paper Nos. 7/2015 to 9/2015), and to formally endorse the funding applications and the funding amounts at future meetings upon confirmation of the total funding for the following year. There was no objection.

Item 9: Appointment of YTMDC Non-standing Working Group and Election of Its Chairperson (YTMDC Paper No. 10/2015)

33. The Chairman said that at the YTMDC annual in-house meeting held on 5 February 2015, Councillors had endorsed the continued establishment of the Working Group on Publicity and Promotion (“WGPP”) in 2015-16. Councillors also endorsed that the

- 10 - Chairman of each working group must be a Councillor, and Councillor members and non-Councillor members of a working group should be in the ratio of 2:1. In addition, the WGPP was ad hoc in nature with a term of office not exceeding eight months. The new term of office of the WGPP would commence from 1 April 2015 until the suspension of operation of the current-term DC in preparation for the next DC ordinary election. The Chairman asked if Councillors confirmed the continued establishment of the WGPP in the new year. There was no objection.

34. The Chairman said that the Secretariat had written to Councillors earlier and asked them to indicate their willingness to join the WGPP in the next year. As at 9 February 2015, 10 Councillors had signed up for the WGPP. The name list was placed on the table for Councillors’ information.

35. The Chairman asked Councillors to nominate candidates for the Chairman of the WGPP and to cast votes accordingly. The result was as follows:

Nominee Nominator Seconder Working Group on Publicity and Promotion Chairman Mr LAU Pak-kei Ms KWAN Sau-ling Mr WONG Kin-san Mr HAU Wing-cheong

36. Councillors unanimously endorsed that Mr LAU Pak-kei, the current-term Chairman of the WGPP, was re-appointed as the Chairman of the WGPP for the new year.

37. The Chairman further indicated that on the basis of the 2:1 ratio between Councillor members and non-Councillor members, there should be a maximum of five non-Councillor members in the WGPP for the new year. The Secretariat had written to Councillors on 10 February 2015 to invite nominations of members of the local community to join the WGPP. By the deadline of 16 February 2015, the Secretariat had received five nominations in total. The name list concerned was placed on the table for Councillors’ reference.

38. The Chairman said that as the nominees from the local community for joining the WGPP for the next year did not exceed the prescribed seats, all the nominees were elected uncontested. The name list was as follows:

Non-Councillor Members of WGPP: (i) Mr CHU Wing-cheung (ii) Ms YIP Chun-chun, Daisy (iii) Ms FUNG Lai-mei (iv) Ms KWAN Louisa (v) Mr CHOW Chun-ming

39. Councillors endorsed the above nominations.

Item 10: Appointment of YTMDC District Activities Organising Committees (“OCs”) and Election of OC Chairpersons (YTMDC Paper No. 11/2015)

40. The Chairman indicated that at the YTMDC in-house meeting, Councillors had

- 11 - endorsed the retention of the existing five OCs under the DC in 2015-16: 1) Festival Celebration Organising Committee; 2) Organising Committee on Promotion of Civic Education; 3) Environmental Improvement Campaign Organising Committee; 4) Building Management Promotion Campaign Organising Committee; and 5) Organising Committee on Cultural Arts Events. He confirmed with Councillors about the continued establishment of the above five OCs in the next year and there was no objection.

41. The Chairman further said that the Secretariat had earlier written to Councillors, inviting them to indicate their willingness to join the above five OCs. The name list concerned was placed on the table for Councillors’ reference.

Election of OC Chairpersons

42. The Chairman asked Councillors to nominate candidates for the Chairpersons of the five OCs and to cast votes accordingly. The results were as follows:

Nominee Nominator Seconder Festival Celebration Organising Committee Chairman Mr CHOW Chun-fai Ms KO Po-ling Mr HAU Wing-cheong Ms KWAN Sau-ling Organising Committee on Promotion of Civic Education Chairman Mr HUI Tak-leung Mr Derek HUNG Mr LAU Pak-kei Mr Benny YEUNG Environmental Improvement Campaign Organising Committee Chairman Mr Benjamin CHOI Mr CHOW Chun-fai Ms KO Po-ling Ms KWAN Sau-ling Building Management Promotion Campaign Organising Committee Chairman Mr WONG Kin-san Mr CHOW Chun-fai Mr HAU Wing-cheong Ms KO Po-ling Organising Committee on Cultural Arts Events Chairman Mr Chris IP Mr Benny YEUNG Ms KO Po-ling Mr CHOW Chun-fai

43. There being no further comments, the Chairman closed the discussion on this item.

Item 11: Schedule of Meetings of YTMDC and Its Committees from April to September 2015 (YTMDC Paper No. 12/2015)

44. The Chairman said that at the YTMDC in-house meeting, Councillors had preliminarily endorsed the tentative schedule of meetings of the YTMDC and its committees ----- from April to September 2015 (Annex 2).

45. The Chairman confirmed with Councillors whether the schedule was formally adopted and there was no objection.

- 12 - Item 18: Further Request for Early Settlement of Disputes over Opening of Public Space of Metro Harbour View (YTMDC Paper No. 18/2015)

----- 46. The Chairman said that the written response (Annex 3) of the Development Bureau (“DEVB”) had been placed on the table for Councillors’ reference.

47. Mr LAU Pak-kei supplemented the contents of the paper and said that the issue of public space of the Metro Harbour View had been outstanding for years. He recalled that the owners’ corporation (“OC”) of the Metro Harbour View had discussed waiving the opening of public space of the Metro Harbour View at a meeting of the Yau Tsim Mong West Area Committee as early as in 2012, but the West Area Committee did not support addressing the issue by the means of a “waiver”. Besides, he was dissatisfied with the DEVB for not taking any follow-up actions on this issue so far. As the DEVB did not send any representative to attend the meeting, he requested that the discussion on this item should be continued at the next meeting.

48. Mr HUI Tak-leung supported further follow-up action on the issue of public space of the Metro Harbour View by the YTMDC. He said that it was a long-standing issue but the previous-term DC Member of the constituency concerned was indifferent to it.

49. Ms WONG Shu-ming was dissatisfied that the DEVB failed to follow up on the issue of public space of the Metro Harbour View and refused to send representatives to give Councillors and the public an account of the issue at the meeting. She agreed that the discussion on this item should be continued at the next meeting.

50. The Vice-chairman said that both she and Mr LAU Pak-kei were members of the West Area Committee. She supplemented that the West Area Committee had all along been concerned about the issue of public space of the Metro Harbour View and members of the Committee had also conducted site inspection and discussion. She opined that the stagnancy of the issue and the intensification of conflicts among owners were caused by the failure of the DEVB in sending representatives to attend meetings to explain to Councillors and the public its stance and views on the issue. Thus she agreed to continue discussion on this item at the next meeting.

51. Mr Derek HUNG appreciated the efforts of Mr LAU Pak-kei in following up on the item proactively. He opined that the DC member of the constituency of the last term had failed to follow up on the issue of public space of the Metro Harbour View, which remained unresolved as a result. He added that he and the Chairman had approached the OC and residents of the Metro Harbour View for details of the issue, but the DEVB had not taken any follow up actions on the issue over the past two years. He agreed to request the DEVB to propose, on its initiative, pragmatic and feasible solutions on waiving the opening of public space of the Metro Harbour View.

52. The Chairman asked whether Members agreed to continue the discussion on this item at the next meeting and there was no objection. The Chairman asked the District Officer to invite the DEVB to send representatives to attend the next meeting to discuss the issue concerned.

- 13 - Item 12: Funding Application for Signature Project (YTM) - YTM Multicultural Activity Centre (YTMDC Paper No. 13/2015)

53. The Chairman welcomed the following representatives to the meeting:

(a) Mrs Laura ARON, District Officer; and

(b) Mr CHAN Yee-fei, Head of Service (Hong Kong) and Ms Jenny FU, Centre In-Charge of the New Home Association (“NHA”).

54. Mrs Laura ARON briefly introduced the funding application for the YTM Multicultural Activity Centre (“Activity Centre”). She said that the District Facilities Management Committee (“DFMC”) had endorsed at the meeting on 8 January 2015 the use of funding for the preliminary promotional activities for the Signature Project Scheme (YTM District) (“Signature Project”), the estimates of expenditure as well as the contents of the proposed community involvement and promotional activities upon approval of funding by the Finance Committee of the LegCo. Having regard to the suggestions of the DFMC, the NHA, partner organisation of the Signature Project, had put forward a new proposal for the services of the Activity Centre, which included:

(i) Priority would be given to ethnic minority (“EM”) organisations registered in the YTM District in hiring the multi-purpose activity room;

(ii) The Activity Centre would offer free activities once a week;

(iii) The Activity Centre would set the service charges for the third year by the end of the first year having regard to the operational and financial status at that time;

(iv) Two tiers of regulatory framework, namely the steering committee and the advisory committee, would be added to the Activity Centre.

55. Mrs Laura ARON continued that the funding application for the Signature Project would be submitted to the Panel on Home Affairs of the LegCo for scrutiny at the meeting on 8 May 2015. She asked Members to discuss and support the funding application.

56. Mr Derek HUNG said that regarding the two tiers of regulatory framework for the Activity Centre proposed by the NHA, he wanted to know whether the advisory committee would take up the regulatory or advisory role.

57. Mr John WONG declared interest as an employee of the NHA and would not speak or vote on this item.

58. Mrs Laura ARON said that the “regulatory” and “advisory” roles should be separated. The Yau Tsim Mong District Office (“YTMDO”) would amend the wording concerned in paragraph 8.1 of Paper No. 13/2015 accordingly when it submitted the funding application to the Panel on Home Affairs.

59. Mr CHAN Yee-fei responded that members of the steering committee under the

- 14 - regulatory framework included representatives of the YTMDC, the YTMDO and the contractor. The steering committee was responsible for overseeing the standard and quality of services provided by the NHA in accordance with the contract signed with the YTMDO as well as the operation, direction and strategy of the Activity Centre. Members of the advisory committee included EM leaders in the community and representatives of community organisations. They were responsible for providing views and suggestions on the services of the Activity Centre.

60. The Vice-chairman said that she was one of the persons in charge of a social enterprise. In her experience, the advisory committee should canvass views widely while the steering committee should be responsible for monitoring the operation of the Activity Centre. She suggested that the YTMDO include a governance structure in the funding application paper to be submitted to the Panel on Home Affairs to ease the concerns of Councillors.

61. Mr Derek HUNG suggested that the YTMDO should use the phrase “ … 成立兩 層的監管和諮詢架構… ” (“… setting up a two-tier regulatory and advisory structure …”) in future as an amendment to paragraph 8.1 of Paper No. 13/2015. In addition, he considered that there was no need to prepare a governance structure.

62. Mr HAU Wing-cheong suggested that the NHA should set up a two-tier structure for the Activity Centre, including a steering committee and a management advisory committee.

63. Mr HUI Tak-leung did not agree that the regulatory structure of the Activity Centre should be multi-layered. He said that at the time of signing the contract with the YTMDO, the NHA had submitted the performance targets of the Activity Centre. The proposed steering committee should be able to monitor the service performance of the Activity Centre in accordance with the relevant targets.

64. Mrs Laura ARON said that there was ambiguity arising from the words “監管” (“regulatory”) and “諮詢” (“advisory”) in paragraph 8.1 of Paper No. 13/2015. She would discuss with the NHA later to revise the wording, so that there would be a clear division of work between the steering committee and the advisory committee. Furthermore, she opined that a proper balance should be struck between regulating the Activity Centre and the degree of autonomy enjoyed by the partner organisation.

65. The Chairman opined that the advisory committee was similar to the management committee in terms of functions. However, the former was responsible for formulating the direction for project development as well as performing the implementation and regulatory roles.

66. The Vice-chairman said that at the DFMC meeting, Councillors had earlier had thorough discussion on the funding application for the Signature Project and endorsed the application in principle. She considered that Mr Derek HUNG’s view was relevant to paper presentation only.

67. The Chairman asked Councillors whether they agreed to endorse Paper No. 13/2015 and there was no objection.

68. The Chairman thanked the relevant representatives for joining the discussion on this

- 15 - item.

Item 13: Voluntary Health Insurance Scheme and Regulation of Private Healthcare Facilities

69. The Chairman welcomed Mr Chris SUN, Deputy Secretary for Food and Health (Health) and Dr Jeff LEE, Senior Medical and Health Officer, Healthcare Planning and Development Office of the Food and Health Bureau (“FHB”) to the meeting.

70. Mr Chris SUN gave a PowerPoint presentation to briefly introduce the contents of the item:

(i) The Voluntary Health Insurance Scheme (“VHIS”) would regulate individual indemnity hospital insurance products. Insurers of this type of insurance products were required to offer to customers a Standard Plan conformable to the Minimum Requirements prescribed by the Government so as to improve the accessibility and continuity of individual hospital insurance, enhance the quality, as well as promote transparency and certainty of insurance protection.

(ii) The FHB had drawn reference from the experience of similar schemes implemented in Australia, Ireland, the Netherlands, Switzerland and the United States.

(iii) The Government would inject funds into the high risk pool (“HRP”) under the VHIS to allow high-risk individuals who were willing to pay for their own healthcare costs to take out hospital insurance. Furthermore, to encourage wider public participation in the VHIS, the Government would provide tax deduction for all individual hospital insurance policies that met or exceeded the Minimum Requirements. The Government would also set up a dedicated agency to monitor the implementation and operation of the VHIS as well as handle claims disputes.

(iv) In line with the implementation of the VHIS, the Government would review the demand for healthcare manpower, promote the development of private hospitals and strengthen the regulatory control on private healthcare facilities (“PHFs”), including hospitals, facilities providing high-risk medical procedures in an ambulatory setting and facilities providing medical services under the management of incorporated bodies.

(v) A PHF providing high-risk medical procedures in an ambulatory setting should be regulated under the new regulatory regime for PHFs. A medical procedure was classified as high-risk if the procedural risk was high, if the risk of anaesthesia involved was high, or if the patient’s condition was classified as unstable severe systemic disease (acute exacerbation) or worse.

(vi) The Government proposed imposing regulatory control on PHFs in five aspects, namely corporate governance, facilities management, standard of facilities, clinical quality, price transparency and sanctions.

- 16 - (The Hon James TO left the meeting at 3:30 p.m.)

71. Ms KWAN Sau-ling pointed out that the population in Hong Kong was ageing. In view of this, she asked whether the Government would consider setting up a dedicated department to provide health insurance scheme for the public. In addition, she was dissatisfied that medical insurance premiums had increased year after year and considered that the Government had not exercised sufficient regulation in this respect.

(Mr LAM Kin-man joined the meeting at 3:45 p.m.)

72. Mr Chris IP declared interest as a member of the Hospital Governing Committee of Queen Elizabeth Hospital. He said that while the Government would set up a HRP under the VHIS, high-risk individuals would still have to pay high premiums. He would like to know what incentives the Government would provide to attract members of the public to join the scheme. He further said that the representative of the FHB had pointed out that about 2 000 additional hospital beds would be provided in Hong Kong in 2017-18. However, he had learnt that there would be a shortage of 2 000 hospital beds in Kowloon Central Cluster in 2018-19. He was worried that the development of public and private hospitals might not be able to tie in with the VHIS to be implemented by the Government. Besides, he said that the Government required that a Standard Plan had to provide coverage for non-surgical cancer treatments (including chemotherapy and radiotherapy) as a separate item and set the benefit limit for that item at $150,000. However, he considered the sum insured inadequate. He hoped that the Government would examine the VHIS in detail and explore ways to attract public participation in the scheme.

73. Mr CHAN Siu-tong opined that the VHIS seemed to be designed for the middle class. He said that the Government planned to invest $4.3 billion in setting up the HRP to provide insurance protection for high-risk individuals aged 40 or below. He doubted whether the amount was sufficient and enquired how the VHIS would provide insurance protection for those aged above 40.

74. Ms WONG Shu-ming said that the Government should pay attention to issues concerning the insurance coverage of private insurance companies under the VHIS. Taking the Building Management Ordinance as an example, she pointed out that the OC of a building should procure third party risks insurance (“third party insurance”) in relation to the common parts of the building and the property of the OC, and that the respective District Office should offer assistance if the OC failed to procure third party insurance. She further indicated that under the VHIS, special attention was given to individuals who could not get insured due to old age or family history of diseases. She would like to know how many people in Hong Kong fell into the above two categories. In addition, she pointed out that private insurance companies would refine their own health insurance plans in response to the VHIS. She enquired how the Government would ensure that the VHIS could attract public participation.

75. The Vice-chairman commended the Government for the proposed setting up of the HRP under the VHIS while stepping up regulation over private insurance companies and enhancing the transparency of premiums. Besides, she enquired whether plans for critical illnesses would be covered under the VHIS.

(Mr Barry WONG joined the meeting at 4:00 p.m.)

- 17 - (Mr HAU Wing-cheong and Mr Benny YEUNG left the meeting at 4:00 p.m.)

76. Mr Chris SUN responded as follows:

(i) The VHIS was not intended as a total solution to the challenges faced by Hong Kong’s healthcare system, but a supplementary financing arrangement complementing public healthcare, and one of the control knobs in redressing the balance between public and private healthcare systems. Through the VHIS, the Government hoped to provide an alternative to those who were able and willing to use private healthcare services by enhancing the quality of health insurance in the market.

(ii) Under the VHIS, all individual indemnity hospital insurance products had to meet the Minimum Requirements prescribed by the Government. Meanwhile, the Government had measures in place to formulate migration arrangements for existing individual hospital insurance policies, so that some 1.5 million Hong Kong people who had already taken out health insurance could also benefit from the VHIS.

(iii) On the compensation amounts from private insurance companies, if a member of the public paid a premium of $100, the reimbursement from an insurance company was $57 only in 2011 and would be $67 to $68 at present. Compared with foreign countries, the compensation amounts from Hong Kong insurance companies were still on the low side. After the implementation of the VHIS, insurance companies had to disclose data on compensation amounts to the public and specify on each policy the age-banded premiums to be paid by the insured.

(iv) The aim of the Government’s setting up of the HRP under the VHIS was to allow some of the high-risk individuals who were willing to pay for their own healthcare costs to take out health insurance and use the services of PHFs, so that the pressure on public healthcare facilities could be relieved.

(v) Under the VHIS, the annual benefit level for non-surgical cancer treatments was $150,000 per case. This also covered cancer patients receiving targeted therapy in the public sector.

(vi) Increasing the supply of hospital beds in both private and public sectors was required for the implementation of the VHIS.

(vii) The HRP set up by the Government could help high-risk individuals who were currently rejected by insurers to purchase health insurance. Nevertheless, the individuals concerned should take out insurance upon the first year of implementation of the VHIS. Starting from the second year onwards, the HRP was limited to persons aged 40 or below. Non-high-risk individuals aged 40 or above could purchase health insurance at any age.

(viii) Since there was no restriction on the uses of benefit amount under critical illness insurance policies of private insurance companies and the benefit amount of this type of policy was in fact usually not spent on hospital care,

- 18 - there was no critical illness insurance under the VHIS. It was because that type of insurance would not necessarily be conducive to achieving the objectives of the VHIS.

(The Vice-chairman left the meeting at 4:10 p.m.)

77. The Chairman thanked the representatives of the HFB for joining the discussion on this item.

Item 14: Relocation of Supporting Operational Facilities of Tsim Sha Tsui Fire Station Complex (YTMDC Paper No. 14/2015)

78. The Chairman welcomed the following representatives to the meeting:

(a) Mr LO Chun-man, Senior Divisional Officer (Planning Group), Mr Sam KEUNG, Divisional Officer (Planning Group)2 (Atg) and Mr YIU Men-yeung, Assistant Divisional Officer (Planning Group)3 of the Fire Services Department (“FSD”);

(b) Ms Juana CHAN, Senior Architect (West Kowloon Cultural District) of the Home Affairs Bureau;

(c) Mr HO Tat-hei, Senior Project Manager 233 of the Architectural Services Department; and

(d) Mr Ellis LEUNG, Deputy Director and Mr Marcus CHOI, Senior Architect of Andrew Lee King Fun & Associates Architects Ltd.

79. Mr LO Chun-man said that the Government planned to relocate Tsim Sha Tsui Fire Station Complex by phases to tie in with the development of the West Kowloon Cultural District (“WKCD”). The second phase of the project was the relocation of the said fire station’s supporting operational facilities, including the Fire Protection Sub-regional Office, the FSD Workshop, the Physical Training Establishment office, gymnasium, the FSD dangerous goods store (“DG store”) and other ancillary facilities, to To Wah Road in Jordan.

80. Mr YIU Men-yeung gave a PowerPoint presentation on the captioned paper:

(i) The first phase of the project mainly involved the relocation of the transformer room to dovetail with the entrance design of the Xiqu Centre under construction adjacent to Tsim Sha Tsui Fire Station Complex. The first phase was expected to be completed by the end of 2016.

(ii) The second phase of the project was the relocation of the supporting operational facilities of Tsim Sha Tsui Fire Station Complex, including the Fire Protection Sub-regional Office, the FSD Workshop, the Physical Training Establishment office, gymnasium, the FSD DG store and other ancillary facilities, to To Wah Road in Jordan. The works would commence in the first quarter of 2016 and were expected to be completed by mid-2018. Upon the

- 19 - commissioning of the new complex, the supporting operational facilities located at the former site would be demolished and the vacated land would be handed over to the Lands Department (“LandsD”) and then to the West Kowloon Cultural District Authority (“WKCDA”) for development in 2019.

(iii) The FSD was identifying sites for the relocation of the operational facilities of Tsim Sha Tsui Fire Station Complex, including the fire station, fire services quarters, fireboat berth and other ancillary facilities.

(iv) In the vicinity of To Wah Road, there were Civil Aid Service Headquarters, bus terminus, Fire Services Department West Kowloon Rescue Training Centre, Centenary Substation of CLP Power Hong Kong Limited (“CLP”) and Sorrento.

81. Mr Marcus CHOI gave a PowerPoint presentation on the outlook design and views of the new complex. He said that the new complex would consist of eight floors from the ground floor to the seventh floor with a rooftop. The height of the complex would be 43.5 metres above the Principal Datum, which was approximately the same as the height of the buildings nearby. The colour tone of the facade of the new complex would be similar to that of other fire stations.

82. Mr Chris IP declared interest as a board member of the WKCDA. He said that the project for the relocation of supporting operational facilities of Tsim Sha Tsui Fire Station Complex was expected to be completed in 2018, but he worried that if road facilities in the vicinity of MTR Kowloon Station were not fully completed by that time, provision of fire services by the new fire station complex might be affected. In addition, he enquired whether the FSD would consider beautifying Tsim Sha Tsui Fire Station Complex if Xiqu Centre and cultural facilities in the WKCD had been completed before the relocation of supporting operational facilities of Tsim Sha Tsui Fire Station Complex to the new fire station complex to make the outlook more compatible with that of the buildings in the WKCD. He added that the staff of the FSD had told him that if supporting operational facilities were relocated to the north of Jordan Road, the FSD might not be able to maintain its performance pledge. However, the current site for the relocation of the facilities concerned was located at the north of Jordan Road, he thus asked if the FSD could ensure that fulfilment of its performance pledge would not be affected.

83. Mr Derek HUNG said that the FSD had only given an account of the first two phases of the relocation project in Paper No. 14/2015 but the third phase was missing. He noted that the site identified for the relocation of supporting operational facilities had not been finalised, he asked the representatives of the FSD to explain to Councillors the relevant details.

(Mr Francis CHONG and Mr CHOW Chun-fai left the meeting at 4:20 p.m.)

84. Mr CHAN Siu-tong said that the To Wah Road site for the new fire station complex was surrounded by highway, he would like to know if the FSD had considered the accessibility of the new fire station complex by fire appliances.

85. Mr LO Chun-man responded as follows:

- 20 - (i) Tsim Sha Tsui Fire Station Complex would be relocated in three phases. The first phase would involve relocating the transformer room, and the second phase would involve relocating supporting operational facilities to To Wah Road in Jordan. The supporting operational facilities located at the existing site would be demolished to make way for development by the WKCDA. The facilities to be relocated included Fire Protection Sub-regional Office, Physical Training Establishment office, gymnasium, FSD DG store, etc. All of them were auxiliary operational facilities that would not affect the operation and work of the FSD.

(ii) After completion of the second phase of the project, fire appliances would still be parked inside Tsim Sha Tsui Fire Station Complex.

(iii) For the third phase of the project, the FSD was identifying a suitable site to relocate Tsim Sha Tsui Fire Station Complex. If the FSD could not identify a site in the district, it would consider beautifying the existing site for Tsim Sha Tsui Fire Station Complex. However, it was too early to consider this option.

(iv) In identifying a relocation site for Tsim Sha Tsui Fire Station Complex, the FSD would consider if fire appliances could travel the shortest distance having regard to its performance pledge.

(v) The FSD would consult the YTMDC on the third phase of the project in due course.

86. Mr Chris IP said that he had learnt from other sources that Tsim Sha Tsui Fire Station Complex might be relocated to the junction of Austin Road and Nathan Road, or relocated to another location together with Tsim Sha Tsui Police Station. He had reservation about the identified site at Nathan Road as he was worried that issues on transport connection to Nathan Road might affect the FSD in meeting the performance pledge.

87. Mr Derek HUNG said that few locations in Tsim Sha Tsui West were available for the relocation of Tsim Sha Tsui Fire Station Complex. The FSD might consider relocating Tsim Sha Tsui Fire Station Complex to the present site of Haiphong Road Temporary Market. He continued that the relocated DG store would be very close to CLP Power Centenary Substation, he then enquired if the FSD had negotiated with the CLP Power on contingent measures. In addition, the LCSD planned to construct a rest garden in the vicinity of To Wah Road Bus Terminus in Jordan. Therefore, he hoped that planning of the rest garden would not be affected by the second phase of the relocation project.

88. Mr LO Chun-man responded as follows:

(i) The site for the new fire station complex was located next to Civil Aid Service Headquarters and Fire Services West Kowloon Rescue Training Centre. Vehicles accessing the new fire station complex could go via Jordan Road or Austin Road and travel through the roundabout at ground level of the Elements at MTR Kowloon Station. It was not necessary to travel along the highway and the site was not located at the entrance and the exit of the highway.

(ii) As the FSD Workshop would be relocated to the new fire station complex, the

- 21 - fire appliances accessing the new fire station complex were for regular maintenance only and the number would be small. Therefore, the completion of the new fire station complex would not create pressure on the traffic in the vicinity.

(iii) The DG store in Tsim Sha Tsui Fire Station Complex would also be relocated to the new fire station complex with an area ranging from 20 to 60 square feet. It would be used to store exhibits collected by FSD officers during enforcement actions, such as paint, solvents or gaseous products. Since the above goods were classified as dangerous goods, if the relevant exempted quantity was exceeded, the FSD had to store such goods in the DG store. The FSD had consulted the Environmental Protection Department and the relevant departments in planning the relocation of the DG store so as to make sure that the design of the DG store would meet the standard. The FSD officers would also properly handle the dangerous goods concerned.

89. Ms Juana CHAN responded that the Administration had considered relocating Tsim Sha Tsui Fire Station to the vacant site at the junction of Austin Road and Nathan Road for relocation in parallel with Tsim Sha Tsui Police Station during the third phase. However, the above vacant site had been zoned open space. A rezoning application and a feasibility study were required should Tsim Sha Tsui Fire Station be relocated there. In this regard, the department could not confirm the relocation site of the fire station complex at the current stage.

90. The Chairman concluded that Councillors were highly concerned with the third phase of relocation works of Tsim Sha Tsui Fire Station. He hoped that the FSD could consult the YTMDC upon confirmation of the site.

Item 15: West Kowloon Cultural District (“WKCD”) Public Open Space Bylaws (YTMDC Paper No. 15/2015)

91. The Chairman welcomed Mr Duncan PESCOD, Chief Operating Officer, Ms Bonny WONG, Director of Chief Executive Officer’s Office, Mr Derek SUN, Head of Planning and Development, Project Delivery and Ms Lisa TSANG, Head of Operations Development, Performing Arts of the WKCDA to the meeting.

92. Mr Duncan PESCOD and Mr Derek SUN gave a PowerPoint presentation on the West Kowloon Cultural District Public Open Space Bylaw (“Bylaw”):

(i) The West Kowloon Cultural District Authority Ordinance empowered the WKCDA to make bylaws, which were subject to the approval of the LegCo and applicable to all public open spaces in the WKCD.

(ii) The use of public open spaces should be as open and free as possible but a minimum level of authority was required for the WKCDA to manage the WKCD Park (“Park”) and other public open spaces.

(iii) On the drafting of the Bylaw, the WKCDA had taken into account the bylaws, regulations and management experience of local and overseas parks, pleasure

- 22 - grounds and theme parks. The Bylaw had to reflect the vision and mission of the Park.

(iv) The WKCDA had taken into account the views collected from the three-stage public engagement exercise between 2009 and 2011 as well as the findings of the “A Park We Share - Public Survey on the Operation of the Future West Kowloon Cultural District Park” conducted between May and June 2014 in making the Bylaw.

(v) The Bylaw conferred the corresponding power on the WKCDA while the relevant guidelines would aid the implementation of the Bylaw.

(vi) The WKCDA would ensure that the signage erected on public open spaces carried positive meaning in a user-friendly tone.

(vii) The WKCDA could close off certain areas of the Park for events or other needs. Outdoor events would be held in the Park but the WKCDA would also consider the needs of the public on the use of public open spaces in their daily life and strike an appropriate balance between the two. On the approval of outdoor events, the WKCDA would accord priority to cultural and arts events and public events.

(viii) The WKCDA encouraged street performance at public open spaces but street performers had to obtain a permit from the WKCDA. The “West Kowloon Street Performer Programme” was designed for professional performers.

(ix) With the permission of the WKCDA, commercial filming or photography at public open spaces was allowed. Those wishing to do so could submit an application to the WKCDA in accordance with the relevant guidelines.

(x) The WKCDA would only impose minimum restrictions on public conduct at public open spaces for safety considerations. Unless expressly stated in notices, visitors could play ball games, ride bicycles and fly kites with control strings no longer than 50 metres at public open spaces.

(xi) The Bylaw contained provisions on littering, damage to facilities, protection of fauna and flora, selling of goods or services and begging. Members of the public could bring pets into public open spaces but the pets must be at all times on a lead.

(xii) Only authorised vehicles or public transport vehicles were in public open spaces and offenders were liable to fines.

(xiii) The WKCDA could request a person in contravention of the Bylaw to produce proof of identity or request the person to leave public open spaces or go to the office of the WKCDA or a police station. The WKCDA could also detain an offender before the Police arrived.

(xiv) The WKCDA would consult various stakeholders to amend the proposed Bylaw, which would then be introduced to the LegCo for scrutiny. Likewise,

- 23 - the guidelines would be amended having regard to the views of stakeholders. The guidelines would be implemented when the Park was open.

93. Mr Barry WONG said that while performers had to apply for a permit from the WKCDA before staging street performances in public open spaces, some people might bring along loudspeakers to these open spaces for so-called “self-entertainment” activities. He would like to know whether the WKCDA would treat these people as street performers. He also enquired whether traditional or simplified Chinese would be used for the signage put up in public open spaces, and whether the pets brought along to these open spaces had to be muzzled. He further enquired how the WKCDA would deal with situations in public open spaces which involved persons merely wearing swimsuits, religious groups leading believers in practising group exercises, members of the public putting up tents, or banners being displayed at height.

94. Mr Chris IP declared interest as a board member of the WKCDA. He enquired whether the WKCDA would allow photography enthusiasts to bring along bulky professional photography equipment to public open spaces for photo-taking. He also said that public open spaces would be open throughout the day, and enquired whether the WKCDA would deploy staff to public open spaces for round-the-clock on-site duty to prevent the abuse or misuse of the facilities there by the public. Furthermore, he suggested designating an area in the public open spaces for flying kites. In addition, he enquired how the WKCDA would monitor the height of kite flying.

95. Ms KWAN Sau-ling requested the WKCDA to give regard to crowd management measures in drafting the Bylaw to prevent overcrowding in public open spaces. Besides, she opined that the signage put up in public open spaces had to be simple and easy to understand.

96. Mr Derek HUNG indicated that as the WKCD had an area of 40 hectares, it was necessary for the WKCDA to formulate the Bylaw for public open spaces. He further said that he was a member of the working group on drafting the Bylaw and guidelines, which was set up by the Consultation Panel of the WKCDA in mid-2014. The working group subsequently commissioned a consultant to study the contents of the Bylaw and conducted focus group discussions. He opined that the provisions of the Bylaw had to be precise and easy to understand for the purposes of prosecution. He further said that the WKCDA planned to hold a briefing session on the Bylaw on 9 March 2015, and enquired whether representatives from housing estates near the WKCD would be invited to attend.

97. Mr CHAN Siu-tong said that the Bylaw had to be precise and easy to enforce; otherwise the chaos in the Mong Kok Footbridge and the Mong Kok Pedestrian Precinct, as well as the problem concerning illegal parking of private cars in MTR Kowloon Station, would occur in the WKCD.

(Mr LAM Kin-man left the meeting at 5:05 p.m.)

98. The Chairman said that the Bylaw should be stringent rather than loose. He pointed out that present-day kites could be equipped with LED lights or even video-recording devices, and privacy problems might arise if kites equipped with such devices were flown to the housing estates above MTR Kowloon Station. In view of this, he suggested the WKCDA make it a requirement that the public was only allowed to fly kites in the designated area of public open spaces. He further indicated that as there were a number of street sleepers in the

- 24 - YTM District, it was necessary for the WKCDA to prohibit street sleeping in public open spaces when drafting the Bylaw. Besides, he would like to know whether the WKCDA would be exempted from liability if accidents occurred to members of the public playing ball games or cycling in public open spaces. He was also concerned about whether closed-circuit televisions (“CCTV”) would be installed in public open spaces so that video clips could be provided as corroborative evidence if necessary. Besides, he suggested that the WKCDA should specify in the Bylaw the activities prohibited in public open spaces to avoid future disputes.

99. Mr Duncan PESCOD responded as follows:

(i) The WKCDA hoped to strike a balance between control and freedom.

(ii) Street sleeping was prohibited in public open spaces under the Bylaw.

(iii) The signage erected in public open spaces would be presented in English and Chinese including both traditional and simplified Chinese.

(iv) The WKCD covered an area of 40 hectares. The WKCDA would not close public open spaces at night but staff would be deployed on site. Furthermore, a CCTV central monitoring system would be installed in public open spaces for round-the-clock monitoring.

(v) Any person who undertook filming or video recording in public open spaces for advantage or profit was required to apply for a permit from the WKCDA. Otherwise, no permit was required.

(vi) Members of the public could bring their pets into public open spaces if the pets were properly controlled.

(vii) The Bylaw was subject to the approval of the LegCo. There would be clarity in the provisions of the Bylaw. Furthermore, the Department of Justice (“DoJ”) would ensure that the Bylaw complied with the general requirements and standards of laws in Hong Kong.

(viii) The WKCDA staff would prohibit a person from being naked in public open spaces. A person who played football would not be intervened as long as the activity would not cause nuisance to others. The WKCDA attached great importance to staff training so as to ensure that their staff could take appropriate actions in response to the actual circumstances.

(ix) The WKCDA would meet with different stakeholders (such as residents nearby or cultural and arts groups) to exchange views on the operation of public open spaces in the WKCD.

(x) Camping was generally not allowed in public open spaces unless it was part of a major event (such as the scout camping) and an application for holding the event had been made to the WKCDA.

- 25 - (xi) Any person who wished to engage in commercial or profit-making activities in public open spaces was required to make an application and pay fees to the WKCDA.

(xii) A public graffiti area would be provided in public open spaces. The WKCDA would properly manage the graffiti area.

(xiii) The Bylaw aimed to facilitate the management of public open spaces by the WKCDA.

(xiv) As more than 1 000 parking spaces would be provided at the basement in the WKCD, members of the public did not have to park their vehicles in public open spaces.

(xv) The WKCDA attached great importance to staff training so as to help their staff to effectively handle any possible scenarios in public open spaces.

100. Mr Patrick KWOK responded as follows:

(i) As there were differences between the actual usage and the original management plans for the Mong Kok Pedestrian Precinct and the North District Park in the New Territories, he suggested the WKCDA study thoroughly whether the provisions of the Bylaw could be enforced effectively.

(ii) The Civil Aviation Department (“CAD”) had imposed regulation on drones. In this connection, he suggested the WKCDA consult the CAD on the issue of drones.

(iii) Members of the public might call the Police for assistance in law enforcement issues in public open spaces outside the office hours of the outsourced service provider of the WKCDA. In this connection, he suggested the WKCDA maintain close communication with the Yau Tsim Police District on the enforcement of the Bylaw.

101. Mr Duncan PESCOD responded as follows:

(i) Since public open spaces were open throughout the day, staff would be on duty around the clock. The WKCDA would contact the Police after the details were finalised.

(ii) The WKCDA staff and their contract staff were the authorised persons under the Bylaw.

(iii) With reference to the requirements of the CAD, drones were not permitted within public open spaces. Furthermore, the WKCDA would seek the input of the TD and the FSD on the Bylaw so that the Bylaw could comply with the requirements of the relevant legislation.

102. Mr Chris IP worried that the WKCDA would encounter difficulties in enforcing the Bylaw. However, he still supported the making of the Bylaw. Furthermore, he said that as

- 26 - public open spaces would be open throughout the day, the application procedures and approval details of the “West Kowloon Street Performer Programme” would be of concern.

103. Mr Barry WONG said that given the experience in managing specific areas in the district, he considered that the Bylaw should be more stringent. Furthermore, he hoped that not much Police manpower would be required to assist the WKCDA to enforce the Bylaw in public open spaces.

104. Mr CHAN Wai-keung spoke in English. He asked whether the guidelines were part of the law. He also said that the Guidelines on Street Performance in the West Kowloon Cultural District had stated that when a member of the public approached a street performer to discuss any issues, it was important to wait for a suitable interval in the performance before introducing himself to them, instead of interrupting the performance for dialogue. He wanted to know whether staff of the WKCDA would call the Police for assistance if any audience of street performances contravened this provision.

105. Mr Duncan PESCOD responded that the Bylaw was part of the law while the guidelines were not, but they were an aid to the interpretation of the Bylaw.

106. Mr CHAN Wai-keung spoke in English. He said that street performers at public open spaces might seek contributions from visitors. He wanted to know how the WKCDA distinguished such behaviour from hawking. He assumed that the WKCDA prohibited hawkers from selling any goods or services at public open spaces without its authorisation but pointed out that many street performers would sell the CDs they recorded right after the performance. He wanted to know how the WKCDA would handle the situation.

107. Mr Duncan PESCOD responded as follows:

(i) The guidelines were not part of the law while the Bylaw was. The WKCDA set out guidelines to explain how the authorised persons of the WKCDA would implement the Bylaw.

(ii) The WKCDA opined that the seeking of contributions from visitors by street performers after performance and hawking were two different kinds of behaviour, and could clearly be distinguished. Moreover, the WKCDA opined that there was nothing inappropriate for visitors to make contributions to street performers.

(iii) The WKCDA opined that the use of public open spaces should be as open and free as possible and regulation should not be too strict. Nevertheless, the authorised persons of the WKCDA could detain offenders before the Police arrived or require the offenders to leave the WKCD under the Bylaw.

(iv) The WKCDA was responsible for managing the WKCD while public open spaces were jointly managed by the relevant departments (e.g. the FEHD, the LCSD and the Police) and the WKCDA. Thus it was necessary to make the Bylaw to empower the WKCDA and other authorised persons to manage public open spaces.

108. Ms Lisa TSANG responded as follows:

- 27 -

(i) Public open spaces were open throughout the day. Some street performers would give performances at public open spaces at night. Thus the WKCDA would deploy manpower at night to issue permits for street performers and was considering the implementation details.

(ii) The WKCDA allowed street performers to sell the products they created, e.g. CDs and paintings.

109. The Chairman concluded that Councillors agreed that it was necessary for the WKCDA to make the Bylaw to regulate the use of and law enforcement at public open spaces. The YTMDC opined that the provisions of the Bylaw should rather be strict than loose in the light of its management experience of specific areas in the district. He hoped that the WKCDA could consider the views of Councillors in drafting the Bylaw.

Item 16: Integrated Basement for WKCD - Second Stage of Design, Site Investigation and Construction Works (YTMDC Paper No. 16/2015)

110. The Chairman welcomed the following representatives to the meeting:

(i) Mr Ringo MOK, Chief Engineer/Kowloon 5 (Kowloon) and Mr David LEUNG, Senior Engineer/3 (Kowloon) of the CEDD; and

(ii) Mr YC NG, Head, Technical Services of the WKCDA.

111. Mr Ringo MOK briefly introduced as follows:

(i) The CEDD had reported to Councillors the advance works for Zone 3B of the integrated basement for the WKCD, the design and site investigation works for Zones 2A and 2B as well as the gazettal of the underground road works for Zones 3A and 3B at the YTMDC meeting on 21 August 2014 and obtained the support of Councillors.

(ii) The advance works (i.e. foundation works) for infrastructure for Zone 3A had commenced in early January and were expected for completion in the second half of 2015. The underground road works for Zones 3A and 3B were also gazetted in mid-February.

(iii) For the infrastructure works for Zone 3A and the preliminary design and site investigation for Zone 2C, the CEDD considered it an opportune time to consult the YTMDC at this stage. The department hoped that Councillors would support the relevant works to facilitate early application of funding from the LegCo for works commencement upon gazettal so as to tie in with the completion of M+ in 2018.

112. Mr David LEUNG gave a PowerPoint presentation to briefly introduce the contents of the captioned paper:

- 28 - (i) The two-storey integrated basement, measuring more than 800 metres in length and more than 200 metres in width, would house government infrastructure, facilities of the WKCDA and facilities related to the sites for topside hotel-office-residential developments.

(ii) The proposed project scope covered the infrastructure works for Zone 3A (mainly including underground road, protection works for the Airport Express tunnels and associated facilities) and the preliminary design and site investigation for Zone 2C. The CEDD proposed including these works in the project scope of the funding application of the second stage of the integrated basement.

(iii) To dovetail with the completion of the M+ in 2018, the underground road works for Zone 3A covered the construction works for an approximately 0.1 km-long road section and the general enabling works for a remaining road section of about 0.1 km.

(iv) To dovetail with the phased development of the WKCD, the Government planned to seek funding from the LegCo for commencing the works of the second stage of the integrated basement as soon as possible, in the hope that the WKCD project could be completed by phases as planned by the WKCDA. The CEDD hoped that Councillors would support the project proposed in the paper.

113. Mr Derek HUNG said that the proposed works fell within the design, site investigation and construction works for the WKCD development. The CEDD had consulted the YTMDC twice in 2014 on the integrated basement works and received general support from Councillors. He further said that as a DC Member of the constituency concerned, he hoped that the proposed works could commence as soon as possible to dovetail with the phased development of the WKCD. He appealed for the support of Councillors to the funding application concerned.

114. The Chairman said that by diverting vehicles on the road to the underground, the integrated basement would help ease traffic flow on the road and thus increase the usable area on the ground level. He enquired whether Councillors supported the design, site investigation and construction works for the second stage of the integrated basement in the WKCD, and there was no objection.

115. Mr Ringo MOK indicated that after the gazettal process, the CEDD would seek funding from the LegCo for commencing the proposed works as soon as possible.

116. The Chairman thanked the representatives of the CEDD and the WKCDA for joining the discussion on this item.

Item 17: Concern over Illegal Structures Under Flyover off 301-311 Ferry Street (YTMDC Paper No. 17/2015)

----- 117. The Chairman said that the written responses (Annexes 4 and 5) of the Buildings Department and the Social Welfare Department (“SWD”) had been placed on the table for

- 29 - Councillors’ reference. He then welcomed the following representatives to the meeting:

(a) Ms Alice DING, District Social Welfare Officer (Kowloon City/Yau Tsim Mong) (Atg) of the SWD; and

(b) Mr LUK Kwok-po, Chief Estate Officer/Kowloon, and Mr Joe LI, Principal Estate Officer/Kowloon West (North) of the LandsD.

118. Mr HUI Tak-leung supplemented the contents of the paper and expressed gratitude to the LandsD and the FEHD for deploying their staff to inspect and clean the road section mentioned in the paper respectively. He opined that to tackle the street-sleeping problem more effectively, the non-governmental organisations (“NGOs”) commissioned by the SWD should improve communication with street sleepers. He further said that a total of 202 places were provided in the hostels for single persons operated by the NGOs commissioned by the SWD, and enquired about the number of such places in the YTM District.

119. Ms Alice DING responded that the SWD had endeavoured to cooperate and meet regularly with the relevant departments and the Salvation Army in order to properly tackle the street-sleeping problem in the district. She indicated that street sleeping was a highly complicated problem with causes varying from case to case, but the SWD would continue to cooperate with the relevant departments and tackle the problem proactively.

120. Mr LUK Kwok-po responded that with the coordination of the YTMDO, the LandsD, the SWD, the FEHD, the Police and the Salvation Army had conducted a joint operation in the district on 17 February 2015. During the operation, the departments learnt that there were eight to ten street sleepers and four wooden structures under the flyover off 301-311 Ferry Street. The FEHD staff took immediate follow-up actions on environmental hygiene issues at the scene. According to the information from the Salvation Army, there were still street sleepers living in the four structures and the Salvation Army was following up on the cases concerned. After the street sleepers moved out from these structures, the LandsD would remove the vacant structures in the subsequent joint operation.

121. Mr LAU Pak-kei said that the staff of the Lands Administration Office in other districts would post notices on the structures erected by street sleepers and removed the structures concerned if the structures were still occupied after the specified period. He would like to know why the LandsD staff did not take the same action at the said location under the flyover. He continued that he had written to the YTMDO and the relevant departments to report the case of a street sleeper erecting structures under the flyover opposite to the West Kowloon Disciplined Services Quarters at Sham Mong Road. Apart from cooking with open fire, the street sleeper might also have interfered with the electric meter at Sham Mong Road Flyover to abstract electricity. He asked the representatives of the department whether the case had been actively followed up and pointed out that the department should not wait until Councillors had submitted the paper before they carried out the joint operation.

122. Mr Derek HUNG said that he had earlier written to the SWD, the Highways Department and the YTMDO to report the structures erected by a street sleeper at Nga Cheung Road, yet the departments responded that the street sleeper and structures reported were not found at that location. He indicated that the street sleeper had erected structures with four pieces of hoarding and the problem had become more serious. He urged the

- 30 - LandsD and the departments concerned to follow up on the case expeditiously.

123. Mr Barry WONG said that the YTMDC had been very concerned about the street-sleeping problem in the district and hoped to offer timely assistance to street sleepers to help them to quit street sleeping. He hoped that the representatives of the relevant departments could reflect the difficulties in handling the street-sleeping problem so that Councillors could give advice. In addition, he agreed that NGOs should strengthen communication with street sleepers and considered that NGOs, government departments and Councillors should have better cooperation in handling street sleeping in order to solve the long-standing problem proactively.

124. The Chairman asked whether the LandsD staff would take immediate action to stop street sleepers from erecting structures on government land if found. He opined that the SWD should offer early assistance to new street sleepers when they first started street sleeping. The FEHD and the LandsD should also get involved timely when street sleepers started accumulating miscellaneous articles and erecting structures to prevent the problem from worsening.

125. Ms Alice DING responded that street sleeping was a complicated social issue which might involve personal and family problems. The Salvation Army had succeeded in helping some street sleepers in the district to quit street sleeping, but some street sleepers were stubborn and rejected the assistance from the relevant departments or organisations and continued street sleeping. She added that the Salvation Army had all along been providing services to street sleepers in the district, such as day and late-night outreaching visits, emergency shelter and short-term hostel placement, counselling, employment guidance, personal care and emergency relief fund. The SWD and the Salvation Army would also refer persons in need to apply for Comprehensive Social Security Assistance in light of the circumstances of individual cases.

126. Mr Joe LI responded that the handling of the problem of street sleepers involved complicated social issues. Without the participation and support of other relevant departments, the street-sleeping problem could not be rooted out by relying on the LandsD alone to stop street sleepers from erecting structures or to remove the structures. In addition, the public and other voluntary organisations would have a negative perception on the Government’s operations. He added that the LandsD had been actively participating in the joint operations helping street sleepers. In case street sleepers accepted the supporting services rendered by the relevant departments and were willing to move out from the structures, the LandsD would definitely take immediate action to remove the structures.

127. The Chairman was dissatisfied that the LandsD had not made early intervention to remove the structures erected by street sleepers. As a result, other street sleepers followed suit. The situation continued to deteriorate and the problem could not be put under control.

128. Mr HUI Tak-leung opined that the SWD had neither faced up to the street-sleeping problem in the district nor considered allocating more resources to formulate long-term policies and measures that could tackle the problem. He continued that the monthly rent allowance of $1,500 currently provided by the SWD to each street sleeper was not sufficient. He further enquired about the number of places in the YTM District among the 202 places in hostels for single persons and temporary shelters operated by NGOs subvented by the SWD, and the 397 places operated by NGOs on a self-financing basis. In addition, he was

- 31 - concerned if the hostels for single persons in the YTM District were always full. If it was the case, he held the view that the SWD should consider constructing more hostels of this type in the district.

129. Mr LAU Pak-kei further enquired of the SWD and the LandsD about the progress of follow-up action on the street-sleeping case under the flyover opposite to the West Kowloon Disciplined Services Quarters. Besides, he was dissatisfied with the remark of the representative of the LandsD that clearance of the structures erected by street sleepers would undermine the image of the Government. He emphasised that street sleepers and their structures would cause environmental hygiene nuisance to nearby residents. He reiterated that after the staff of the Lands Administration Office in other districts had posted notices on the structures of street sleepers, the street sleepers had moved out from their structures before the specified deadline.

130. Mr Barry WONG enquired whether staff of the LandsD were empowered by the law to immediately intervene in cases of street sleepers erecting structures on Government land.

131. Mr Derek HUNG said that quite a number of departments opined that the street-sleeping problem could be solved more easily through early intervention and handling. Although the representative of the LandsD did not agree that clearance of street sleepers’ structures could help solve the street-sleeping problem, he opined that the relevant departments should jointly formulate policy objectives for the handling of the street-sleeping problem, so as to avoid the lack of co-ordination among the departments on how to handle the problem. He added that if the SWD could not expeditiously follow up on the new street sleeper case at Nga Cheung Road, more street sleepers might gather there after a period of time and the problem would worsen.

132. Mr John WONG recalled that two years ago, he had reported to the relevant departments that street sleepers were found at Anchor Street Playground (near Greenfield Garden). He wanted to know if the LandsD had followed up on the case. He also enquired if the LandsD was empowered to clear the structures erected by street sleepers on Government land. If so, he would like to know why the LandsD had decided not to enforce the law. He also said that the problem of erection of structures by street sleepers had become widespread in the whole YTM District, thus he was dissatisfied with the response of the LandsD’s representative.

(Ms KWAN Sau-ling left the meeting at 6:20 p.m.)

133. Ms WONG Shu-ming expressed regret over the response of the LandsD’s representative. She pointed out that staff of the LandsD did not take enforcement action when street sleepers started erecting structures, which was equivalent to connivance. However, the LandsD would take enforcement action against shop front extensions by shops or obstruction by OCs. In this respect, it seemed that the LandsD had adopted double standards in its enforcement.

134. Ms Alice DING responded that in the YTM District, about 200 places were operated by NGOs subvented by the SWD and by other NGOs on a self-financing basis. The average occupancy rate was about 80%.

135. Mr LUK Kwok-po responded that it was the undisputed responsibility of the LandsD

- 32 - to handle illegal structures. However, if street sleepers were involved in illegal structures, the problem might be related to the areas of housing, district management and welfare at the same time. In this case, the relevant departments or NGOs had to provide various supporting services to street sleepers. He continued that District Offices co-ordinated joint operations by the relevant departments from time to time. During the operations, staff of the LandsD could post notices on unauthorised temporary structures in accordance with the Land (Miscellaneous Provisions) Ordinance, requiring occupiers to cease occupying the Government land concerned before a specified date. The LandsD would arrange clearance of the vacated structures only after street sleepers had accepted the assistance or service provided by the departments or NGOs and left the structures concerned.

136. The Chairman requested representatives of the LandsD to clarify why the department only invoked the Land (Miscellaneous Provisions) Ordinance in the joint operation.

137. Mr Joe LI responded that for the case at Sham Mong Road mentioned by Mr LAU Pak-kei, the staff of the LandsD had found miscellaneous articles such as cardboards piled up by a street sleeper when they conducted site inspection. No structures were found there and the Land (Miscellaneous Provisions) Ordinance could not be invoked to post removal notices. But the staff of the LandsD had verbally advised the street sleeper to leave as soon as possible. As for the case in Anchor Street Playground, the staff of the LandsD only found a street sleeper living on a handcart outside the playground. The street sleeper concerned no longer appeared at the above site.

138. Mr Patrick KWOK responded that the Police would assist other departments in law enforcement in joint operations. He pointed out that the Police was particularly concerned with cases of street sleepers involving public safety and drug problems. The Police would analyse each street sleeping black spot in the district and work out the enforcement priority. Moreover, he suggested the YTMDC consider setting up an inter-departmental task force to tackle the street-sleeping problem in the YTM District more effectively.

139. Miss Jocelyn NG responded that the location mentioned by Mr HUI Tak-leung in the discussion paper had been included as a street sleeping black spot at a meeting of the District Management Committee presided by the District Officer. As for other places that street sleepers gathered mentioned by Mr LAU Pak-kei, Mr Derek HUNG and Mr John WONG, the YTMDO would coordinate with the relevant departments for follow up action. It would also continue to coordinate with the relevant departments in mounting inter-departmental operations.

140. The Chairman wanted to know the progress of the follow-up action of the LandsD on the case of the street sleeper at Sham Mong Road. He said that the LandsD only took action in the joint operation and had indirectly encouraged the illegal erection of structures by street sleepers, causing the problem to worsen. He continued that the structures erected by street sleepers underneath the Ferry Street Flyover had caught fire twice. On one of the occasions, the flame even spread to the third floor of a nearby building and blackened the external wall. He further said that the street-sleeping problem was not only about environmental hygiene, it might even involve public safety, drugs and fire hazard. The relevant departments should make intervention as soon as possible. Moreover, he hoped that the relevant departments could tackle the street-sleeping problem underneath the entire Ferry Street Flyover together, and pay attention to the situation at the locations mentioned by Councillors at the meeting.

- 33 - 141. The Chairman thanked the representatives of government departments for joining the discussion on this item.

Item 19: To Censure the Government for Ignoring the Demands of the District Council and the Public, and to Urge the Government to Take the Lead in Redeveloping the Former Site of Mong Kok Market Immediately (YTMDC Paper No. 19/2015)

142. The Chairman welcomed the following representatives to the meeting:

(i) Ms Christine PANG, Senior Estate Surveyor/Kowloon Central of the LandsD;

(ii) Mr Lawrence CHAU, District Planning Officer/Tsuen Wan & West Kowloon (Atg) and Ms Michelle YUEN, Senior Town Planner/Yau Tsim Mong (Atg) of the PlanD; and

(iii) Miss Jocelyn NG, Assistant District Officer (Yau Tsim Mong).

143. Ms WONG Shu-ming supplemented the contents of the paper. She said that the Mong Kok Market was closed in 2010. For the sake of land sale proceeds, the Government planned to rezone the former Mong Kok Market site for commercial use and intended to require the developer to reserve floor space at the site for the provision of a community health centre (“CHC”) in future. The site was later included in the Mong Kok Outline Zoning Plan (“OZP”) but an organisation applied for a judicial review against the OZP, and thus the Government shelved the rezoning of the site. It was learnt that the Court had recently quashed the decision of the Town Planning Board (“TPB”) on the building height restriction in the OZP and referred the OZP to the TPB for reconsideration. In this regard, she wanted to know the follow-up arrangement of the PlanD. She requested the exclusion of the former Mong Kok Market site from the OZP and requested the Government to resume the development right of the site immediately to convert the site for community facilities use.

144. Mr HUI Tak-leung said that the Mong Kok Market was commissioned in 1977 and closed in 2010. Since then, the Government had left the former Mong Kok Market site idle. He recalled that at a meeting of the Community Building Committee (“CBC”), he proposed that the Government should demolish the former Mong Kok Market building. He reiterated the request to make use of the site for construction of a temporary park so as to avoid wastage of land resources.

145. Mr CHAN Wai-keung enquired whether the LandsD and the PlanD had expected any judicial review when proposing to rezone the former Mong Kok Market site to commercial development, resulting in the quashing of the TPB’s decision on the building height restriction in the OZP. In view of the development of the situation thus far, he asked whether the department would admit having made wrong assessment. In addition, he asked the amount of public funds wasted because the Government had left the former Mong Kok Market site idle. Furthermore, he asked the costs incurred by the Government in the judicial review of the OZP and whether the Government had predicted any further judicial review applications in case the TPB lodged an appeal.

146. The Chairman said that given the low utilisation rate of the Mong Kok Market, the

- 34 - YTMDC and local residents hoped that the site could be redeveloped for community facilities use. With the repeated efforts of the FEHD, the Mong Kok Market was finally closed in 2010. At that time, the Government undertook to include community facilities in the redevelopment project for the benefit of residents. However, the market had been closed for five years without any progress in redevelopment, which had disappointed the YTMDC and residents.

147. Mr Lawrence CHAU gave a PowerPoint presentation on the development plan of the former Mong Kok Market site as follows:

(i) With an area of 1 240 square metres, the former Mong Kok Market site was rezoned to “Commercial (3)” in the OZP.

(ii) The redevelopment of the former Mong Kok Market site was subject to a plot ratio of 9 and a building height restriction of 100 metres above the Principal Datum. Furthermore, a gross floor area of not less than 4 500 square metres would be zoned for the CHC use.

(iii) The plot ratio of the CHC was about 3.6, therefore there was room for the development of the former Mong Kok Market site to accommodate other appropriate uses. However, the relevant bureaux/departments had no plan to provide Government, Institution or Community (“GIC”) facilities at the site. Furthermore, given the proximity of the site to Nathan Road, which was a major commercial and transport axis in Kowloon, the Administration considered it desirable to develop the remaining floor area for commercial uses which were noise tolerant.

(iv) The proposed CHC would be located on the lower floors of the building, with a separate entrance and lift/escalator for easy access by patients. Furthermore, loading/unloading and parking facilities would be provided at the site.

(v) During the exhibition period of the OZP, the TPB received a representation. During the first three weeks when the representation was available for public inspection, the TPB received a submission. After considering the representation and the submission on 9 March 2012, the TPB decided not to uphold the representation.

(vi) The TPB was considering whether to lodge an appeal against the decision made by the Court of First Instance of the High Court on the judicial review of the Real Estate Developers Association of Hong Kong (“REDA”). If the TPB lodged an appeal, the court would set down the appeal. The PlanD would then consult the relevant departments again as to whether they wished to provide GIC facilities at the former Mong Kok Market site.

(vii) As the Government had started the planning procedures for the OZP, there was no need to initiate the procedures again for community facilities use.

148. Ms WONG Shu-ming said that residents were eager to develop the former Mong

- 35 - Kok Market site for community facilities use instead of commercial development. It was actually not necessary to rezone the site but it should be excluded from the OZP. Furthermore, she was dissatisfied that the representatives of the PlanD did not respond to the questions she raised in the discussion paper.

149. Mr CHAN Wai-keung said that the representatives of the PlanD had failed to directly respond to Councillors’ enquiries. He would like to know whether the TPB would consult the PlanD and the LandsD before deciding on whether to lodge an appeal. He also enquired whether the PlanD would consider excluding the former Mong Kok Market site from the OZP to avoid further delay to the development of the site if the Government anticipated that the appeal lodged by the TPB would probably be dismissed.

150. Mr HUI Tak-leung said that the Government had initially indicated that a floor area of about 4 500 square metres would be reserved for a CHC after the redevelopment of the former Mong Kok Market site, but the Government would simply reprovision part of the facilities of the Yau Ma Tei Specialist Clinic at the site, without providing new health services to residents in the Mong Kok District. This seemed to be an act to deceive the District Council. He reiterated that Councillors requested the Government to exclude the site from the OZP so that it could be used for community facilities. He enquired whether this proposal was feasible.

151. Mr Lawrence CHAU responded as follows:

(i) Under the prevailing legislation, the Government could not exclude from the OZP any sites subject to judicial review for other planning and development.

(ii) According to the OZP, the former Mong Kok Market site would be zoned “Commercial (3)”, in which a floor area of 4 500 square metres would be reserved for GIC uses.

(iii) If the site was rezoned to GIC, the Administration would have to initiate another round of planning procedures, which would take an even longer time.

(iv) The current judicial review on the OZP focused on the building height restriction in the OZP rather than the development purposes of the former Mong Kok Market.

152. Mr WONG Kin-san recalled that a departmental representative had said at a CBC meeting that the redevelopment project of the former Mong Kok Market had to be shelved due to judicial review. However, the court had recently requested the TPB to re-consider the amended parts of the OZP, and the TPB had not decided whether to make an appeal so far. The Government should take this opportunity to exclude the former Mong Kok Market site from the OZP, so that the site could be used for community facilities development to alleviate the inadequacy of community facilities in the Mong Kok District. He added that if the site was sold for commercial purposes, the developer should be responsible for demolishing the building on the site. In his view, the Government should first demolish the Mong Kok Market to vacate the land for community facilities, and then set aside floor space for the CHC when the developer carried out redevelopment at the site.

153. Mr CHAN Wai-keung said that the representative of the PlanD mentioned that rezoning of the former Mong Kok Market site to GIC uses would be very time-consuming.

- 36 - In his opinion, if the development of the site commenced only after the TPB had completed the appeal procedure, it might take even more time than rezoning the site to GIC uses.

154. Mr Lawrence CHAU responded as follows:

(i) The REDA had earlier applied for judicial review against the TPB’s submission of the OZP to the CE in Council for consideration and approval. While the High Court had accepted the grounds of the REDA, the TPB was currently considering whether to lodge an appeal or not. If an appeal was lodged, the case would be heard before the Court of Appeal or even the Court of Final Appeal. If the appeal was unsuccessful, the TPB would have to re-consider the OZP and submit it to the CE in Council for consideration and approval.

(ii) In view of Councillors’ proposal of rezoning the former Mong Kok Market site from commercial development to community facilities use, the PlanD would have to amend the OZP for consideration by the TPB, followed by consideration and approval by the CE in Council. The said procedures would be very time-consuming.

155. Ms Catherine PANG responded as follows:

(i) The former Mong Kok Market site was not included in the Land Sale Programme for the year 2015 to 2016 announced by the Secretary for Development in the afternoon of 26 February 2015.

(ii) The Mong Kok Market was in-situ and managed by the FEHD. Government departments that wished to use the building could contact the FEHD for discussion and the LandsD would render assistance. In addition, the LandsD would also be glad to facilitate any long-term development plans of any departments on the site, if such plan came to the notice of the LandsD.

156. The Chairman requested the representatives of the LandsD to clarify the said response.

157. Ms Catherine PANG responded that land uses should tie in with planning intentions.

158. Mr Lawrence CHAU said that the former Mong Kok Market site was zoned “Commercial (3)”, under which GIC uses were always allowed. He added that the site was in general intended for integrating developments including commercial and community facilities. Apart from commercial use, a floor area of not less than 4 500 square metres would be reserved for a CHC. The PlanD was consulting the relevant departments again on whether they intended to provide GIC facilities at the site.

159. Mr HUI Tak-leung would like to know whether the Government would consider demolishing the Mong Kok Market to vacate the land for temporary community facilities. Quoting the Soy Street Cooked Food Market as an example, he pointed out that after demolishing the cooked food market, the Government turned the site into a temporary car park to avoid wastage of land resources. He further enquired whether the Government would consider excluding the former Mong Kok Market site from the OZP to avoid the impediment to the redevelopment due to further delay to the planning procedures for the site.

- 37 - Besides, he enquired whether the representatives of the PlanD admitted that it had been dereliction of duty on the part of the department to include the site in the OZP.

160. Ms WONG Shu-ming emphasised that the former Mong Kok Market site was originally planned for GIC uses. To avoid complicating planning procedures, Councillors and members of the public urged the Government not to rezone the site to “Commercial (3)”. Rather, the Government should demolish the Mong Kok Market as soon as possible to vacate the site for uses as temporary or interim community facilities, so as to address the needs of residents.

161. Mr Barry WONG said that Councillors and members of the public hoped that the former Mong Kok Market site could be restored to GIC uses. However, the representative of the PlanD said that the site would be zoned “Commercial (3)” in which GIC facilities would be included. It seemed that commercial use was associated with GIC development. The representative of the PlanD also said that the time required for planning of the site for conversion to GIC uses would be much longer than that for the current planning. Yet, he reiterated that Councillors and members of the public hoped that the site could be restored to GIC uses. He urged the departments concerned to facilitate it in support in order to respond to the request of Councillors and members of the public.

162. Mr CHAN Wai-keung enquired whether the Government would consider allowing organisations in the district to make temporary use of the Mong Kok Market building.

163. Mr Lawrence CHAU responded as follows:

(i) The former Mong Kok Market site had been zoned “Commercial (3)”. If the site was to be rezoned for GIC uses, the planning procedures would have to commence afresh.

(ii) Any amendments to the OZP would result in a delay in the redevelopment of the site.

(iii) The former Mong Kok Market site was part of the OZP and could not be removed from the OZP.

(iv) In view of the judicial review, the OZP had not been approved so far.

(v) The TPB was an independent statutory body established under the Town Planning Ordinance. The PlanD, the DoJ and other relevant departments would give analysis and provide professional advice to the TPB on issues relevant to appeals, but the TPB should discuss and decide on its own whether to lodge an appeal.

164. Ms Catherine PANG responded that any party or department wishing to use the Mong Kok Market building on a short-term basis could discuss with the FEHD direct. She believed that the department would consider whether the proposed uses were appropriate. The FEHD was currently responsible for managing the Mong Kok Market building. If the department made an appropriate financial arrangement for demolishing the building and returned the vacant site to the LandsD for short-term uses, the LandsD would provide full assistance.

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165. Mr WONG Kin-san urged the representative of the PlanD to reflect the views of Councillors to the TPB and requested the TPB to make a decision on whether to lodge an appeal as soon as possible.

166. Mr CHAN Siu-tong enquired whether the DFMC under the YTMDC could decide on the short-term uses of the former Mong Kok Market site. He supplemented that the DFMC would not make a decision on the demolition of the Mong Kok Market building. If this proposal was not feasible, he suggested that Councillors vote on the motion in the discussion paper.

167. The Chairman said that Ms WONG Shu-ming, Mr HUI Tak-leung, Mr CHOW Chun-fai, Mr WONG Kin-san and Mr CHAN Wai-keung proposed a motion in the paper. The motion was seconded by Mr Barry WONG. The motion was as follows:

“The Government is requested to retake the lead in steering the development of the former Mong Kok Market site back to community use, and to commence planning for the site immediately in order not to waste the valuable land.”

168. Mr CHAN Siu-tong proposed to amend the original motion and a three-minute break.

169. The Chairman announced a three-minute break.

(The meeting was adjourned for three minutes)

----- 170. Mr Chris IP moved an amended motion (Annex 6), which was seconded by Mr LAU Pak-kei. The amended motion was as follows:

“The Administration is requested to retake the lead in steering the development of the former Mong Kok Market site back to community use, and to allow the District Facilities Management Committee of the Yau Tsim Mong District Council to commence provisional planning for the site in order not to waste the valuable land.”

171. The Chairman said that according to YTMDC Standing Orders, the Council would first vote on the amended motion. If the amended motion was passed, there was no need to vote on the original motion.

172. The Chairman asked Councillors to vote on the amended motion.

173. Voting result: The Chairman, Mr CHAN Siu-tong, Mr CHAN Wai-keung, Mr Benjamin CHOI, Mr HUI Tak-leung, Mr Derek HUNG, Mr Chris IP, Mr LAU Pak-kei, Mr John WONG, Mr WONG Kin-san, Mr Barry WONG and Ms WONG Shu-ming voted for the motion (12 votes). No Councillor voted against the motion or abstained from voting.

174. The Chairman announced that the amended motion was passed and said that the amended motion would be given to the representatives of the departments concerned.

Item 20: Progress Reports

- 39 - (1) District Management Committee (YTMDC Paper No. 20/2015) (2) Community Building Committee (YTMDC Paper No. 21/2015) (3) District Facilities Management Committee (YTMDC Paper No. 22/2015) (4) Food and Environmental Hygiene Committee (YTMDC Paper No. 23/2015) (5) Traffic and Transport Committee (YTMDC Paper No. 24/2015)

175. Councillors noted the contents of the progress reports.

Item 21: Any Other Business

YTM Spring Reception 2015

176. The Chairman said that the YTM Spring Reception 2015 jointly organised by the YTMDC and the YTMDO was scheduled for 1:30 p.m. on 27 February 2015 at 6/F, Chinese YMCA Kowloon Centre, 23 Waterloo Road.

177. There being no other business, the Chairman closed the meeting at 7:28 p.m. The next meeting would be held at 2:30 p.m. on 23 April 2015 (Thursday).

Yau Tsim Mong District Council Secretariat March 2015

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附錄 油尖旺區議會與轄下委員會 於 2015年的會議時間表 (暫擬) Schedule of Meetings of Yau Tsim Mong District Council and its Committees in 2015 (Tentative)

月份

Month 一月 二月 三月 四月 五月 六月 七月 八月 九月

January February March April May June July August September 會議

Meeting

26.2.2015 23.4.2015 25.6.2015 10.9.2015

區議會 星期四下午 — 星期四下午 星期四下午 星期四下午 — — — — District Council THUR PM THUR PM THUR PM THUR PM

(9.2.2015) (8.4.2015) (10.6.2015) (26.8.2015)

社區建設 5.2.2015 7.5.2015 4.6.2015 20.8.2015 委員會 星期四下午 — 星期四下午 星期四下午 星期四下午 Community — — — — THUR PM THUR PM THUR PM THUR PM Building (21.1.2015) (21.4.2015) (19.5.2015) (5.8.2015) Committee

地區設施 8.1.2015 5.3.2015 14.5.2015 2.7.2015 27.8.2015 管理委員會 星期四下午 星期四下午 星期四下午 星期四下午 星期四下午 District Facilities — — — — THUR PM THUR PM THUR PM THUR PM THUR PM Management (19.12.2014) (16.2.2015) (28.4.2015) (16.6.2015) (12.8.2015) Committee

交通運輸 15.1.2015 12.3.2015 21.5.2015 9.7.2015 3.9.2015 委員會 星期四下午 — 星期四下午 星期四下午 星期四下午 星期四下午 Traffic and — — — THUR PM THUR PM THUR PM THUR PM THUR PM Transport (30.12.2014) (25.2.2015) (6.5.2015) (23.6.2015) (19.8.2015) Committee

食物及環境 22.1.2015 19.3.2015 28.5.2015 16.7.2015 10.9.2015 Food and 星期四下午 星期四下午 星期四下午 星期四下午 星期四上午 — — — — Environmental THUR PM THUR PM THUR PM THUR PM THUR AM Hygiene (7.1.2015) (4.3.2015) (12.5.2015) (30.6.2015) (26.8.2015) Committee 房屋事務及大廈管 理委員會 29.1.2015 26.3.2015 11.6.2015 13.8.2015 Housing and 星期四下午 星期四下午 星期四下午 星期四下午 — — — — — Building THUR PM THUR PM THUR PM THUR PM Management (14.1.2015) (11.3.2015) (27.5.2015) (29.7.2015) Committee 註一 : 會議通常在下午2時30分開始 Note 1 : Meetings will normally commence at 2:30 p.m.

2015年2月5日

附件六 A n n e x 6

油尖旺區議會秘書︰

動議修訂第 1 9 項議程之動議

我們對於油尖旺區議會第 1 9 /2015 號文件之動議，提出以 下 修訂動議︰

「 要求當局重掌旺角街市舊址發展，回歸社區用途 方案，並交由油尖旺區議會地區設施管理委員會啟 動暫時規劃程序，勿再浪費珍貴土地。 」

動議人︰ 葉傲冬議員 和議人︰ 劉柏祺議員

2 6 . 2 . 2 0 1 5