LEGISLATIVE COUNCIL ─ 15 June 2011 11819 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 15 June 2011 The Council met at Eleven o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE JASPER TSANG YOK-SING, G.B.S., J.P. THE HONOURABLE ALBERT HO CHUN-YAN IR DR THE HONOURABLE RAYMOND HO CHUNG-TAI, S.B.S., S.B.ST.J., J.P. THE HONOURABLE LEE CHEUK-YAN DR THE HONOURABLE DAVID LI KWOK-PO, G.B.M., G.B.S., J.P. THE HONOURABLE FRED LI WAH-MING, S.B.S., J.P. DR THE HONOURABLE MARGARET NG THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE CHEUNG MAN-KWONG THE HONOURABLE CHAN KAM-LAM, S.B.S., J.P. THE HONOURABLE MRS SOPHIE LEUNG LAU YAU-FUN, G.B.S., J.P. THE HONOURABLE LEUNG YIU-CHUNG DR THE HONOURABLE PHILIP WONG YU-HONG, G.B.S. THE HONOURABLE WONG YUNG-KAN, S.B.S., J.P. 11820 LEGISLATIVE COUNCIL ─ 15 June 2011 THE HONOURABLE LAU KONG-WAH, J.P. THE HONOURABLE LAU WONG-FAT, G.B.M., G.B.S., J.P. THE HONOURABLE MIRIAM LAU KIN-YEE, G.B.S., J.P. THE HONOURABLE EMILY LAU WAI-HING, J.P. THE HONOURABLE ANDREW CHENG KAR-FOO THE HONOURABLE TIMOTHY FOK TSUN-TING, G.B.S., J.P. THE HONOURABLE TAM YIU-CHUNG, G.B.S., J.P. THE HONOURABLE ABRAHAM SHEK LAI-HIM, S.B.S., J.P. THE HONOURABLE LI FUNG-YING, S.B.S., J.P. THE HONOURABLE TOMMY CHEUNG YU-YAN, S.B.S., J.P. THE HONOURABLE FREDERICK FUNG KIN-KEE, S.B.S., J.P. THE HONOURABLE AUDREY EU YUET-MEE, S.C., J.P. THE HONOURABLE VINCENT FANG KANG, S.B.S., J.P. THE HONOURABLE WONG KWOK-HING, M.H. THE HONOURABLE LEE WING-TAT DR THE HONOURABLE JOSEPH LEE KOK-LONG, S.B.S., J.P. THE HONOURABLE JEFFREY LAM KIN-FUNG, S.B.S., J.P. THE HONOURABLE ANDREW LEUNG KWAN-YUEN, G.B.S., J.P. THE HONOURABLE CHEUNG HOK-MING, G.B.S., J.P. THE HONOURABLE WONG TING-KWONG, B.B.S., J.P. LEGISLATIVE COUNCIL ─ 15 June 2011 11821 THE HONOURABLE RONNY TONG KA-WAH, S.C. THE HONOURABLE CHIM PUI-CHUNG PROF THE HONOURABLE PATRICK LAU SAU-SHING, S.B.S., J.P. THE HONOURABLE KAM NAI-WAI, M.H. THE HONOURABLE CYD HO SAU-LAN THE HONOURABLE STARRY LEE WAI-KING, J.P. DR THE HONOURABLE LAM TAI-FAI, B.B.S., J.P. THE HONOURABLE CHAN HAK-KAN THE HONOURABLE PAUL CHAN MO-PO, M.H., J.P. THE HONOURABLE CHAN KIN-POR, J.P. DR THE HONOURABLE PRISCILLA LEUNG MEI-FUN DR THE HONOURABLE LEUNG KA-LAU THE HONOURABLE CHEUNG KWOK-CHE THE HONOURABLE WONG SING-CHI THE HONOURABLE WONG KWOK-KIN, B.B.S. THE HONOURABLE IP WAI-MING, M.H. THE HONOURABLE IP KWOK-HIM, G.B.S., J.P. THE HONOURABLE MRS REGINA IP LAU SUK-YEE, G.B.S., J.P. DR THE HONOURABLE PAN PEY-CHYOU THE HONOURABLE PAUL TSE WAI-CHUN 11822 LEGISLATIVE COUNCIL ─ 15 June 2011 DR THE HONOURABLE SAMSON TAM WAI-HO, J.P. THE HONOURABLE ALAN LEONG KAH-KIT, S.C. THE HONOURABLE LEUNG KWOK-HUNG THE HONOURABLE TANYA CHAN THE HONOURABLE ALBERT CHAN WAI-YIP THE HONOURABLE WONG YUK-MAN PUBLIC OFFICERS ATTENDING: THE HONOURABLE JOHN TSANG CHUN-WAH, G.B.M., J.P. THE FINANCIAL SECRETARY THE HONOURABLE STEPHEN LAM SUI-LUNG, G.B.S., J.P. SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS MR LAI TUNG-KWOK, S.B.S., I.D.S.M., J.P. SECRETARY FOR SECURITY DR THE HONOURABLE YORK CHOW YAT-NGOK, G.B.S., J.P. SECRETARY FOR FOOD AND HEALTH THE HONOURABLE TSANG TAK-SING, G.B.S., J.P. SECRETARY FOR HOME AFFAIRS THE HONOURABLE MATTHEW CHEUNG KIN-CHUNG, G.B.S., J.P. SECRETARY FOR LABOUR AND WELFARE THE HONOURABLE MRS CARRIE LAM CHENG YUET-NGOR, G.B.S., J.P. SECRETARY FOR DEVELOPMENT THE HONOURABLE EVA CHENG, J.P. SECRETARY FOR TRANSPORT AND HOUSING LEGISLATIVE COUNCIL ─ 15 June 2011 11823 MR GREGORY SO KAM-LEUNG, J.P. SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT PROF GABRIEL MATTHEW LEUNG, J.P. UNDER SECRETARY FOR FOOD AND HEALTH CLERKS IN ATTENDANCE: MS PAULINE NG MAN-WAH, SECRETARY GENERAL MISS ODELIA LEUNG HING-YEE, ASSISTANT SECRETARY GENERAL MRS JUSTINA LAM CHENG BO-LING, ASSISTANT SECRETARY GENERAL MRS PERCY MA, ASSISTANT SECRETARY GENERAL 11824 LEGISLATIVE COUNCIL ─ 15 June 2011 PRESIDENT (in Cantonese): Clerk, please ring the bell to summon Members to the Chamber. (After the summoning bell had been rung, a number of Members entered the Chamber) TABLING OF PAPERS The following papers were laid on the table under Rule 21(2) of the Rules of Procedure: Subsidiary Legislation/Instrument L.N. No. Prevention and Control of Disease Ordinance (Amendment of Schedule 1) Notice 2011.................................... 101/2011 Other Papers Report No. 25/10-11 of the House Committee on Consideration of Subsidiary Legislation and Other Instruments Report of the Bills Committee on Dutiable Commodities (Amendment) Bill 2011 Report of the Bills Committee on Motor Vehicles (First Registration Tax) (Amendment) Bill 2011 Report of the Bills Committee on Residential Care Homes (Persons with Disabilities) Bill ORAL ANSWERS TO QUESTIONS PRESIDENT (in Cantonese): Questions. First question. LEGISLATIVE COUNCIL ─ 15 June 2011 11825 Regulation of Overhanging Advertisement Signboards Outside Buildings 1. MR IP KWOK-HIM (in Cantonese): President, at present, in districts where private buildings are in great numbers, such as Wan Chai and Mong Kok, and so on, the advertisement signboards overhanging outside quite a number of buildings are huge in size and they are as high as the buildings. In many cases, the signboards are only owned by some households or even one particular household in the building concerned. However, under the existing legislation, erecting overhanging signboards outside buildings is not subject to regulation by the Deed of Mutual Covenant (DMC), nor does it require the approval of the owners' corporations (OCs). The Buildings Department (BD), which is responsible for vetting and approving applications for erecting such signboards, stresses that in vetting and approving such applications, it only takes into account whether the signboards will affect the structural safety of the buildings. In this connection, will the Government inform this Council: (a) whether, at present, there are avenues or government departments which can effectively prevent the erection of overhanging signboards outside buildings without the consent of other owners of the buildings; if so, of the details; (b) whether it has considered amending the existing legislation to address the above situation, so as to safeguard the rights of other owners of the buildings; if it has, of the details; if not, the reasons for that; and (c) given that while the aforesaid signboards are only owned by individual households, the owners of the entire buildings concerned have to collectively bear the removal costs in the event that the signboards are found to be illegal and have to be removed, and the OCs concerned can only resort to civil litigation to recover the removal costs from owners who are not willing to pay such costs, whether the Government has examined if there are ways to change such a situation; what assistance government departments can provide in respect of such disputes? 11826 LEGISLATIVE COUNCIL ─ 15 June 2011 SECRETARY FOR DEVELOPMENT (in Cantonese): President, as the question raised by Mr IP Kwok-him involves problems of building safety and management, the Secretary for Home Affairs and I will jointly answer questions from Members. Any person who carries out buildings works, including erection of signboards, in the common part of a private building shall ensure that the relevant works comply with the requirements under all the current statutory provisions and the legal documents applicable to that common part. The Buildings Ordinance (Cap. 123) (BO), administered by the BD, aims to regulate the planning, design and construction of buildings and building works, and prescribes the standards regarding structural and fire safety of buildings in order to safeguard the safety of the public. Erection of signboards on external walls of buildings is a kind of building works which shall be regulated under the BO. In this respect, the BD has issued a practice note to specify the display area, spacing, position, material and structural safety standards of the signboards erected on external walls of buildings. On the other hand, a DMC demarcates the rights, benefits and responsibilities, and so on, amongst property owners. The administration of a DMC rests with the parties to the contract and the Government is not a party to the contract. If a person intends to construct or hang a signboard on an external wall, he should carefully peruse the relevant land lease and DMC to ensure that there will not be any contravention of the relevant provisions. If queries are encountered, he should seek legal advice. Whether the erection of a signboard in the common part of a building will be governed by the DMC depends on the provisions in the DMC concerned. Therefore, I need to point out that the situation that "overhanging signboards outside buildings is not subject to regulation by the DMC" as mentioned in the question could not be concluded in an indiscriminate manner. Section 14(2) of the BO stipulates that neither the approval of any plans nor the consent to the commencement of any building works from the Building Authority shall be deemed: (a) to confer any title to land; (b) to act as a waiver of any term in any lease or licence; or (c) to grant any exemption from or to permit any contravention of any of the provisions of the BO or of any other enactment.