Introduction - HKU Libraries - The University of Hong Kong

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Annex IIIRe-entry/Vesting ProcedureDetection/ReferralInspection & report (with photo)byTi4Agreement on actionable caseSLE to seek DLO's agreement4Seek approval from HQ toproceed with lease enforcement actionApproval from HQby QLA/LaMReceipt ofForbearance FeeAcct. OfficeBreach purged,\n.f.a.letterby SLECLE/Control informed1st warning letter.4Re-inspection and report(with photo) after *28' daysor expiry of warning(forbearance) periodFinal '14/7*4 da^s warning lettervetted by SLE and signed by DLO4Final inspection& report (with photo)4Preparation of Instrument ofRe-entry or Vesting Notice, theassociated memorialand draft GNprepared by LE and checked by SLEInform CLE/Controlof breach purgedby SLE# Signing of Instrument ofRe-entry and Vesting ^ Notice andassociated Memorialdocuments vetted by RG(LO), andsigned by PGLAGazetting ofby Control Section, HQRegistration of the Re-entry/Vesting documents" by RG(LO)Landowner informedof Reentry/Vestingby RG(LO) &** Control Section, HQ* for recurrent cases only** for non-payment of premium instalment cases only[C/I (A) 001/ANNE-III .doc)
EXECUTIVE SUMMARYINVESTIGATION REPORT ONUNAUTHORISED BUILDING WORKS INNEW TERRITORIES EXEMPTED HOUSES1 Introduction1.1A direct investigation had previously been conductedon the Buildings Department's (BD's) enforcement action againstunauthorised building works (UBW). One of the concerns expressedin the investigation report was the existence of UBW in villagehouses in the New Territories (NT) . In view of the prima facieevidence of proliferation and aggravation of this problem, theCommissioner decided to conduct a direct investigation underSection 7(1) (b) of the Commissioner for Administrative ComplaintsOrdinance on the enforcement procedures and actions by LandsDepartment (Lands D) and BD against UBW in NT exempted houses(NTEH) with a view to establishing if -• the existing procedures are adequate and effective;andthey are being carried out consistently by theDistrict Land Offices (DLOs).2Background2.1 Under the Buildings Ordinance (Cap. 123) all buildingworks carried out without the approval and consent of theBuilding Authority (BA), i.e. the Director of Buildings (D of B)are UBW, except some minor exempted works. However, theBuildings Ordinance (Application to the New Territories)Ordinance (Cap. 121) empowers the Director of Lands (D of L) toissue Certificates of Exemption in respect of. certain buildingworks, site formation works and drainage works in the NT ^ forcertain types of buildings, mainly those for non-industrial,community or agricultural uses or for replacement of temporarystructures.2.2 Builders of NTEH are exempted from the requirement toappoint an authorised person (AP) and a registered contractor,seek approval from the BA for commencement of works, constructionof drainage works and access to a street and issue of anOccupation Permit. Broadly speaking, NTEHs comprise of SmallHouses (SH-) built on land granted under the NT Small House (NTSH)Policy introduced in 1972 and houses built on land granted
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 28 and 29: 5OverallObservationsand Findings5.1
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 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

Introduction - HKU Libraries - The University of Hong Kong

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