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Introduction - HKU Libraries - The University of Hong Kong

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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 one<strong>of</strong> the major problems attributing to the proliferation andaggravation <strong>of</strong> 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 <strong>of</strong> the community. It is therefore a question <strong>of</strong> whether theenforcement against UBW in NTEH should be accorded a higherpriority in the light <strong>of</strong> 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 <strong>of</strong> theGovernment to work out a positive plan to tackle the problems <strong>of</strong>UBW.5.4 This Office observes that some owners <strong>of</strong> NTEH may beignorant <strong>of</strong> the restrictions placed on the exempted houses butmany <strong>of</strong> them are aware <strong>of</strong> them but choose to ignore them wheneverit suits their purposes. <strong>The</strong> IOs had accompanied LeaseEnforcement Teams on inspection duties on two occasions andwitnessed that some UBW on ro<strong>of</strong>-tops in one village were erectedin such a way that they were barely visible at street level.<strong>The</strong>y were painted in the same colour and built to the same heightas the adjoining stairhood that made their detection verydifficult. • Another case <strong>of</strong> blatant disregard <strong>of</strong> the leaserestrictions was a development in Yuen Long in which each <strong>of</strong> theexempt"houses therein was internally subdivided into 14 units,each with separate water and power meters and entrances, some <strong>of</strong>which 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 <strong>of</strong> Compliance was issued to thisdevelopment, which was obviously a case <strong>of</strong> non-compliance fromthe start.5.5 Under the current legislation, there is a lack <strong>of</strong>suitable deterrent measures that Lands D can take to preventviolation <strong>of</strong> the restrictions on the NTEH. As re-entry/vestingaction is too drastic a measure to be frequently employed, theworst scenario for the owners <strong>of</strong> UBW which are not too seriousor dangerous may be the demolition <strong>of</strong> the latter. By doing so,Government has to devote a great deal <strong>of</strong> resources to constantlymonitor, control and rectify the situation. This Office is <strong>of</strong>the view that in order to discourage the proliferation <strong>of</strong> UBW inthe^ interest <strong>of</strong> the public, the Lands D should be able toadminister suitable punitive measures to deter <strong>of</strong>fenders,particularly the defiant and/or repeated <strong>of</strong>fenders, in very much- 24 -

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