Author Archives: hksar gov

     Following is a question by the Hon Lau Kwok-fan and a written reply by the Secretary for Home Affairs, Mr Lau Kong-wah, in the Legislative Council today (July 11):
 
Question:
 
     Regarding the minor works projects implemented by District Councils (DCs) under the District Minor Works (DMW) Programme, will the Government inform this Council:

(1) of the number of works projects proposed by each DC in each of the past two years and the first half of this year, with a breakdown by project progress (including (i) the relevant feasibility study/design work being under way, (ii) project found to be infeasible after study, (iii) project already endorsed by DC for implementation, and (iv) project completed);

(2) of (i) the average construction cost and (ii) the average construction period of the works projects completed in each of the past two years and the first half of this year; among such projects, the number of those the span of which from inception to completion straddled two DC terms (broken down by DC district);

(3) of the account balance of the DMW Programme in each of the past five years; and

(4) as it has been more than six years since the Finance Committee of this Council approved an increase in the financial ceiling of the delegated authority for Category D works projects (including DMW projects) to $30 million in July 2012, and as the construction costs of works projects have been rising incessantly during the period, whether the Government will propose to the Finance Committee the raising of such financial ceiling according to the cumulative inflation over the years; if so, of the details; if not, the reasons for that?

Reply:

President,

     Regarding Hon Lau Kwok-fan’s question, upon consultation with the Financial Services and the Treasury Bureau, our reply to the question is as follows:

(1) The number of District Minor Works (DMW) projects endorsed by District Councils (DCs) over the past two years and for the period from January to March 2018 and their respective progress, break down by DC, are set out in Annex.

(2) (i) The average construction cost of the works projects completed in each of the past two years and for the period from January to March 2018 are as follows:
 

2016	2017	2018 (as at end March)
$0.7 million	$0.9 million	$1.6 million

(ii) The average construction period of the works projects completed in each of the past two years and for the period from January to March 2018 are as follows:
 

2016	2017	2018 (as at end March)
6 months	7 months	5 months

     Among such projects, the number of those spanning over two DC terms from inception to completion are as follows:
 

District	Number of Projects
Central & Western	21
Eastern	32
Southern	42
Wan Chai	9
Kowloon City	30
Kwun Tong	41
Yau Tsim Mong	22
Sham Shui Po	31
Wong Tai Sin	21
Islands	40
Sai Kung	24
Tai Po	23
Tsuen Wan	44
Yuen Long	33
Sha Tin	41
Tuen Mun	16
North	22
Kwai Tsing	41
Headquarters	3
Total	536

(3) The annual provision under the DMW Programme for the past five years was $340 million. The account balance of the Programme in each of the past five years are set out as follows:
 

2013-14	2014-15	2015-16	2016-17	2017-18
$12 million	$2 million	$1 million	$1 million	$1 million

(4) According to the Financial Services and the Treasury Bureau, the Government would regularly review the financial ceiling of delegated authority for items under the block allocation subheads of the Capital Works Reserve Fund (CWRF). The Finance Committee approved the increase of financial ceiling from $21 million to $30 million in 2012. According to the assessment with reference to tender price indices since 2012, the average price of construction works under the block allocation subheads of the CWRF (including projects under the DMW Programme) has only increased slightly. Thus, the Government would not consider adjusting the financial ceiling concerned at the moment. read more

     A man who went missing in Wong Tai Sin was located.      Poon Hang-fong, aged 57, went missing after he left his residence in Fung Tak Estate on April 16. His family made a report to Police on April 21. … read more

     The results of the 2018 Hong Kong Diploma of Secondary Education (HKDSE) Examination were released today (July 11). Young persons in custody obtained satisfactory results in the examination this year.
 
     A total of 16 young persons in custody from Pik Uk Correctional Institution, Cape Collinson Correctional Institution and Lai King Correctional Institution enrolled in this year’s HKDSE Examination. They took a total of 93 examination papers and obtained level 2 or above in 67 papers, or 72 per cent of all papers taken, with one of them obtaining level 5 in Economics. One candidate at Lai King Correctional Institution scored 21 marks overall in the six papers taken – the highest score obtained by a young person in custody in this year’s examination as well as the highest by a female young person in custody in all the past examinations.
 
     Exams sat included the four core subjects of Chinese Language, English Language, Mathematics and Liberal Studies, as well as the two electives of Economics and Tourism and Hospitality Studies.
 
     Education has long been provided by the Correctional Services Department (CSD) to help young persons in custody further their studies, find jobs and reintegrate into society after their release.
 
     The Superintendent of Lai King Correctional Institution, Mr Edmund Sun, said, “Study prepares persons in custody for their reintegration into society, and academic qualifications obtained in public examinations improve their chances of finding jobs or furthering their studies.”
 
     The preparation of young persons in custody for the HKDSE Examination is not an easy task, Mr Sun added. In the process, the persons in custody demonstrate their determination and perseverance in overcoming learning difficulties. Family support as well as guidance and assistance from CSD staff and teachers are also very important to them. In addition to gaining accredited qualifications, it is imperative that young persons in custody are able to establish positive attitudes and values through participation in examinations, Mr Sun said. He encouraged young persons in custody to continue seizing the chance to study and strive for a better future. He also called on the public to give rehabilitated offenders equal opportunities and support their reintegration into society.
 
     The department provides a half-day education programme and half-day vocational training for young persons in custody under the age of 21. Guidance and assistance are also in place for adult persons in custody, who are encouraged to participate in studies on a voluntary basis.
 
     To keep in line with the development of Hong Kong education, the CSD has initiated the New Senior Secondary curriculum in phases at correctional institutions and helps young persons in custody sit the HKDSE Examination. Young persons in custody are given the same opportunity to study at correctional institutions as students in mainstream schools.

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     Following is a question by the Hon Wilson Or and a reply by the Acting Secretary for Transport and Housing, Dr Raymond So Wai-man, in the Legislative Council today (July 11):
      
Question:

     It has been reported that when the Hong Kong Housing Authority (HA) divested in 2005 certain retail and car parking facilities of its public rental housing (PRH) estates to The Link Real Estate Investment Trust, which has been renamed as Link Real Estate Investment Trust (Link REIT), it sold in the same lot the titles to some common areas in certain housing estates.  If such common areas are involved in the public facilities the addition of which is intended by HA or the owners’ corporations of the housing estates concerned, the relevant works may be carried out only after the consent of Link REIT (or the new owners) has been obtained. At present, a number of works projects for retrofitting public facilities cannot commence as such consent has not been obtained. For example, the lift and escalator projects at Po Tak Estate, Kwun Tong, have dragged on for 10 years, and no date has been fixed for implementing the lift retrofitting works for a centre for the elderly in Lower Wong Tai Sin Estate, resulting in the elderly with impaired mobility having to walk up and down tens of steps to commute to and from the centre every day. In this connection, will the Government inform this Council:
      
(1) of the number of complaints, received by the Government since 2005, alleging that HA’s selling the titles to some common areas in PRH estates has resulted in a failure to retrofit public facilities to those estates; the mechanism currently in place to handle such cases;
 
(2) whether the Government has, since 2005, conducted any study on the impact on the residents caused by the sale by HA to Link REIT of the title to some common areas in PRH estates; if so, of the outcome; if not, the reasons for that; and
 
(3) whether the Government will consider invoking the Lands Resumption Ordinance (Cap 124) to resume the titles to the common areas concerned so as to retrofit the relevant public facilities; if so, of the details; if not, the reasons for that?
 
Reply:
 
President,
 
     My consolidated reply to various parts of the question raised by the Hon Wilson Or is as follows.
      
     As with private housing projects in general, in the public housing projects jointly owned by the Hong Kong Housing Authority (HA) and other owners (including owners of the commercial facilities, owners of individual residential flats, etc.), the titles of the common areas are co-owned by the owners in accordance with the Deeds of Mutual Covenant (DMCs). The responsibility for the management and maintenance of these common areas shall, in accordance with the provisions of the respective DMCs, be borne by all owners. For the estates or courts with Owners’ Corporations (OCs) formed, matters relating to the day-to-day management are discussed and resolved by the OCs in accordance with the requirements under the Building Management Ordinance (BMO) and the DMCs through convening meetings of the Management Committee or owners’ meetings. As one of the owners, HA will, apart from paying the management fees according to its management shares, also nominate representatives to participate in the OCs’ affairs.
      
     Works relating to the installation of common facilities in the common areas are subject to the consent of the relevant owners. The costs of the works and future maintenance are also shared by all owners according to the DMC or other agreements. If the proposed installation of common facilities involves changes to the land use or land lease conditions, approval from the Lands Department is required. Other owners of the lot are also required to give consent in the application process. Besides, when considering the installation of common facilities in these common areas, consideration should be given on the technical feasibility, topographical factors, social acceptance and compliance with the Buildings Ordinance and related planning requirements. Depending on the actual circumstances of individual estates and courts, HA and other owners will, in accordance with the mechanism above, follow up various works proposals of common facilities. As regards the cases of Po Tat Estate and Lower Wong Tai Sin Estate mentioned in the question, HA has already conveyed views on the installation of common facilities to the relevant organisations and stakeholders in accordance with the prevailing mechanism and is actively exploring various feasible options.
      
     The Government does not maintain statistics on the number of complaints relating to the installation of common facilities in public housing projects under HA since 2005, and has no plan to conduct a study on the matters mentioned in the second part of the question.
      
     At present, the Government has no plan to recover the titles of common areas in public housing developments under HA by invoking the Lands Resumption Ordinance. read more

     Following is a question by the Hon Wilson Or and a reply by the Acting Secretary for Transport and Housing, Dr Raymond So Wai-man, in the Legislative Council today (July 11):
      
Question:

     It has been reported that when the Hong Kong Housing Authority (HA) divested in 2005 certain retail and car parking facilities of its public rental housing (PRH) estates to The Link Real Estate Investment Trust, which has been renamed as Link Real Estate Investment Trust (Link REIT), it sold in the same lot the titles to some common areas in certain housing estates.  If such common areas are involved in the public facilities the addition of which is intended by HA or the owners’ corporations of the housing estates concerned, the relevant works may be carried out only after the consent of Link REIT (or the new owners) has been obtained. At present, a number of works projects for retrofitting public facilities cannot commence as such consent has not been obtained. For example, the lift and escalator projects at Po Tak Estate, Kwun Tong, have dragged on for 10 years, and no date has been fixed for implementing the lift retrofitting works for a centre for the elderly in Lower Wong Tai Sin Estate, resulting in the elderly with impaired mobility having to walk up and down tens of steps to commute to and from the centre every day. In this connection, will the Government inform this Council:
      
(1) of the number of complaints, received by the Government since 2005, alleging that HA’s selling the titles to some common areas in PRH estates has resulted in a failure to retrofit public facilities to those estates; the mechanism currently in place to handle such cases;
 
(2) whether the Government has, since 2005, conducted any study on the impact on the residents caused by the sale by HA to Link REIT of the title to some common areas in PRH estates; if so, of the outcome; if not, the reasons for that; and
 
(3) whether the Government will consider invoking the Lands Resumption Ordinance (Cap 124) to resume the titles to the common areas concerned so as to retrofit the relevant public facilities; if so, of the details; if not, the reasons for that?
 
Reply:
 
President,
 
     My consolidated reply to various parts of the question raised by the Hon Wilson Or is as follows.
      
     As with private housing projects in general, in the public housing projects jointly owned by the Hong Kong Housing Authority (HA) and other owners (including owners of the commercial facilities, owners of individual residential flats, etc.), the titles of the common areas are co-owned by the owners in accordance with the Deeds of Mutual Covenant (DMCs). The responsibility for the management and maintenance of these common areas shall, in accordance with the provisions of the respective DMCs, be borne by all owners. For the estates or courts with Owners’ Corporations (OCs) formed, matters relating to the day-to-day management are discussed and resolved by the OCs in accordance with the requirements under the Building Management Ordinance (BMO) and the DMCs through convening meetings of the Management Committee or owners’ meetings. As one of the owners, HA will, apart from paying the management fees according to its management shares, also nominate representatives to participate in the OCs’ affairs.
      
     Works relating to the installation of common facilities in the common areas are subject to the consent of the relevant owners. The costs of the works and future maintenance are also shared by all owners according to the DMC or other agreements. If the proposed installation of common facilities involves changes to the land use or land lease conditions, approval from the Lands Department is required. Other owners of the lot are also required to give consent in the application process. Besides, when considering the installation of common facilities in these common areas, consideration should be given on the technical feasibility, topographical factors, social acceptance and compliance with the Buildings Ordinance and related planning requirements. Depending on the actual circumstances of individual estates and courts, HA and other owners will, in accordance with the mechanism above, follow up various works proposals of common facilities. As regards the cases of Po Tat Estate and Lower Wong Tai Sin Estate mentioned in the question, HA has already conveyed views on the installation of common facilities to the relevant organisations and stakeholders in accordance with the prevailing mechanism and is actively exploring various feasible options.
      
     The Government does not maintain statistics on the number of complaints relating to the installation of common facilities in public housing projects under HA since 2005, and has no plan to conduct a study on the matters mentioned in the second part of the question.
      
     At present, the Government has no plan to recover the titles of common areas in public housing developments under HA by invoking the Lands Resumption Ordinance. read more