Introduction - HKU Libraries - The University of Hong Kong

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5OverallObservationsand Findings5.1 After studying all the relevant information providedby the Lands D and the BD on the subject of UBW in NTEH andvisiting various sites in the NT,, this Office has gained a betterunderstanding of B the issues involved. This chapter will set outour overall observations and findings with a view to drawing ourconclusions and recommendations in the next chapter.5.2 This Of fice notes that the Lands D had set its priorityfor lease enforcement according to the policy endorsed by theExecutive Council in 1975. High priority was basically accordedto enforcement against dangerous or obnoxious industrialundertakings in residential and non-industrial buildings as theseproblems were apparently rather serious in those days. Given thepassage of time and the gradual transformation of Hong Kong'smainstream industry from manufacture-oriented to service-orientedindustry since 1975, a significant number of local industrialundertakings had been relocated to mainland China. The problemsof industrial undertakings in residential and non-industrialbuildings might have significantly diminished as a result. On theother hand, the problems associated with UBW are becoming moreaggravated. It seems timely, after 20 years, for theAdministration to revisit the 1975 policy with a view toreassessing the relative priorities for lease enforcement.5.3 In the Report of the Investigation on UnauthorisedBuilding Works published by this Office in April 1995, it waspointed out that one of the major problems of the 1988 policy onUBW, which this Office opined was inherently unfair andinconsistent, was the lack of sufficient staff resources to carryout the policy in a proactive manner. The Administrationmaintained that in setting its policy, the Government was boundto take into account many factors including/ among others, theconstraints on its resources and the relative priorities givento all the many calls upon them and the views of the communityand that the 1988 policy was arrived at in a measured andconsidered way. This Office was of the view that in order totackle a problem of this magnitude and complexity, in additionto time and resources there should be a firm commitment and- 23 -
determination to grasp the nettle and to work out a positive planfor actually containing, if not resolving this problem. InChapter 4, this Office has highlighted resource constraint as oneof the major problems attributing to the proliferation andaggravation of UBW in NTEH. This Office appreciates that theAdministration allocate resources basically in accordance withthe relative priorities given to the many calls upon them and theviews of the community. It is therefore a question of whether theenforcement against UBW in NTEH should be accorded a higherpriority in the light of changing circumstances as brieflydescribed in para. 5.2. If after review, the Administrationconcedes that lease enforcement against UBW should be accordeda higher priority, serious consideration should then be given toallocating or redeploying the appropriate resources toenable the concerned departments to more effectively andproactively deal with the problem. Resource constraintapart, this Office still maintains the view that there shouldbe a firm commitment and determination on the part of theGovernment to work out a positive plan to tackle the problems ofUBW.5.4 This Office observes that some owners of NTEH may beignorant of the restrictions placed on the exempted houses butmany of them are aware of them but choose to ignore them wheneverit suits their purposes. The IOs had accompanied LeaseEnforcement Teams on inspection duties on two occasions andwitnessed that some UBW on roof-tops in one village were erectedin such a way that they were barely visible at street level.They were painted in the same colour and built to the same heightas the adjoining stairhood that made their detection verydifficult. • Another case of blatant disregard of the leaserestrictions was a development in Yuen Long in which each of theexempt"houses therein was internally subdivided into 14 units,each with separate water and power meters and entrances, some ofwhich via unauthorized external staircases. Although the ownersclaimed that each unit was only a self-contained -suite, the factthat each unit was provided with a separate entrance proved thatthey were purposely designed and built to facilitate separateownership or tenancy. No Letter of Compliance was issued to thisdevelopment, which was obviously a case of non-compliance fromthe start.5.5 Under the current legislation, there is a lack ofsuitable deterrent measures that Lands D can take to preventviolation of the restrictions on the NTEH. As re-entry/vestingaction is too drastic a measure to be frequently employed, theworst scenario for the owners of UBW which are not too seriousor dangerous may be the demolition of the latter. By doing so,Government has to devote a great deal of resources to constantlymonitor, control and rectify the situation. This Office is ofthe view that in order to discourage the proliferation of UBW inthe^ interest of the public, the Lands D should be able toadminister suitable punitive measures to deter offenders,particularly the defiant and/or repeated offenders, in very much- 24 -
Page 2 and 3: THE UNIVERSITY OF HONG KONGLIBRARIE
Page 4 and 5: C3. ESC. HO.C,
Page 6 and 7: 1Introduction1.1 In April 1995, the
Page 8 and 9: investigation report. The first six
Page 10 and 11: Ordinance (Application to the New T
Page 12 and 13: who needed housing, to build houses
Page 14 and 15: Ordinance, order for demolition or
Page 16 and 17: 3.2 Lease enforcement actions again
Page 18 and 19: (c) technical officers will correla
Page 20 and 21: indicate the size of the UBW proble
Page 22 and 23: BUILDINGS DEPARTMENT'S EXPERIENCE3.
Page 24 and 25: great deal of resources to deal wit
Page 26 and 27: out the resources available for lea
Page 30 and 31: the same way as traffic enforcement
Page 32 and 33: 6Conclusions andRecommendations6.1
Page 34 and 35: measures. The relevant consultative
Page 36 and 37: (i) Para. 6.2(9) : The recommendati
Page 38 and 39: (h)Para. 5.2 : It is not certain th
Page 40 and 41: (g)(h)that more resources could be
Page 42 and 43: (ii) with a roofed-over area not ex
Page 44 and 45: Annex IIIRe-entry/Vesting Procedure
Page 46 and 47: - 2 -outside the scope of the NTSH
Page 48 and 49: - 4 -need Government approval for r
Page 50 and 51: DLOs.- 6 -Those relating to assessm
Page 52: - 8 -• lease enforcement against

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