â€‹Following is a question by the Hon Rock Chen and a written reply by the Secretary for Culture, Sports and Tourism, Mr Kevin Yeung, in the Legislative Council today (June 26):
 
Question:
 
     Hong Kong is vigorously promoting a mega event economy and developing mega event tourism, with over 100 mega events to be held in the second half of this year. On the other hand, a drone show featuring Japanese cartoon characters held in Tsim Sha Tsui last month (the Drone Show) attracted viewing by many members of the public and tourists, resulting in large crowds and temporary road closures in various parts of Tsim Sha Tsui. Regarding the traffic and crowd control measures for mega events, will the Government inform this Council:
 
(1) as some members of the public have relayed that on the day of the Drone Show, as a result of temporary road closures in the Tsim Sha Tsui waterfront area, many motorists and members of the public had to make detours, and in particular, severe traffic congestions in Canton Road and Kowloon Park Drive had seriously jammed outgoing traffic from the Western Harbour Crossing heading towards Canton Road after turning right from Austin Road, whether the authorities had communicated with the organizer in advance to estimate the pedestrian and traffic flow for formulating appropriate traffic control measures; of the authorities' improvement plan in future;
 
(2) as it is learnt that the Drone Show was organized by a commercial organization, with the Culture, Sports and Tourism Bureau being just a supporting organization, and the organizer only announced the relevant details shortly before the event, affecting the relevant arrangements of the Government and other organizations, how the authorities will cooperate with the local travel industry in future, such as whether advanced publicity and promotion will be conducted for mega events organized by commercial organizations, and proper coordination be made with the relevant government departments (e.g. ‍the Hong Kong Police Force and the Hong Kong Fire Services Department) beforehand; and
 
(3) whether there is a standard procedure for assessing the attractiveness of mega events, as well as the anticipated number of visitors and traffic flow; whether the authorities will, on the premise of mega events being assessed to be popular, model on the special traffic and transport arrangements for the Lunar New Year Fireworks Display (including adjusting the service frequencies and routes of public transport), notify members of the public, motorists and visitors of the relevant road closures, as well as implement and announce crowd control measures in advance?
 
Reply:
 
President,
 
     Hong Kong is Asia's Events Capital. Mega events bear strategic significance for Hong Kong. Not only do the events generate more business opportunities for various industries including hotel, catering, retail, transportation etc and boost the local economy, but also attract tourists to personally experience Hong Kong's actual situation and vibrancy, and make the best ambassadors to tell the good stories of Hong Kong.

     In consultation with the Transport and Logistics Bureau and the Security Bureau, my reply to the question raised by the Hon Rock Chen is as follows:

     The organising of mega events often requires vetting, approval and support by different government departments to ensure the compliance with requirements in hard and soft infrastructure, for instance, matters on venues and licences. The relevant bureaux, departments and statutory bodies will closely communicate and cooperate to render sufficient interdepartmental assistance and nurture the culture of supporting and facilitating successful organisation of mega events in Hong Kong.

     On the traffic and crowd management of mega events, in general, relevant government departments, including the Police and the Transport Department (TD), will estimate the potential impact and demand caused on the traffic flow and crowd situation in the vicinity, with regard to the information provided by the event organiser and/or the relevant policy bureau or department responsible for the large scale event as well as the nature and scale of the event, to formulate appropriate temporary measures, such as road closures and traffic diversions, accordingly. With reference to such temporary traffic arrangements, the TD will also coordinate various public transport (PT) operators to suitably adjust PT services (including service suspension, adjustment or curtailment of the routes, etc). In addition, service enhancements or provision of special PT services will be arranged when necessary, basing on the anticipated passenger flow and travelling demand, to facilitate crowd dispersal. Depending on the need, the TD will disseminate information about the temporary road closures, traffic diversions, and special PT service arrangements through various channels, prior to the event to facilitate advance planning of journeys by the public. During mega events, the TD's Emergency Transport Co-ordination Centre (ETCC) will also closely monitor the traffic conditions and coordinate in a timely manner when needed. ETCC will disseminate the latest information regarding the special traffic and transportation arrangements to the public as well. Take the Lunar New Year Fireworks Display held in February 2024 as an example. The Government made traffic and transport arrangements, which included implementation and announcement of crowd control measures in advance, and informed the members of public, drivers and tourists about the road closures, while adjusting headway and routing of PT services, in order to help manage the crowd and traffic around the Victoria Harbour. The arrangements facilitated a crowd of over 338 000 to enjoy the spectacular fireworks show on both sides of the Victoria Harbour. As for other mega events, relevant government departments will still devise suitable traffic and crowd control measures according to anticipated situation and risk assessment, and disseminate the information to the public through appropriate means and channels.

     For the traffic situation in the vicinity of the drone show in Tsim Sha Tsui East on May 25 as mentioned in the question, according to record, there was a traffic accident in the junction of Salisbury Road and Nathan Road in the evening on day of event, resulted in 8 persons injured. The Police implemented temporary road closures because of the accident, affecting the traffic in the area of Tsim Sha Tsui East.

     On the announcement and publicity of mega events, the Government has compiled and published the 2024 first half and second half calendars of mega events. The Government will continuously update the calendars of mega events and maintain close liaison with tourism, catering, retail, hotel and other sectors, with a view to informing the industries of the upcoming mega events early and allowing their early preparations for a portfolio of attractive tourism products, dining packages etc. For example, we have created special routes, arranging group tours to visit the "A Path to Glory – Jin Yong's Centennial Memorial, Sculpted by Ren Zhe" exhibition in Central and the adjacent tourism spots, through travel agents. Besides, leveraging pyrotechnics and drone shows, the travel trade has introduced signature products such as harbour cruises and pyrotechnics-themed dinners, bringing business opportunities for the catering, retail and other related sectors, stimulating consumption and generating economic benefits. The event mentioned in the question was organised by private organisation. The Culture, Sports and Tourism Bureau has maintained close liaison with the event organiser over the past months and coordinated relevant government departments to provide assistance required, with a view to facilitating a smooth organisation of the event in Hong Kong with needed conditions. While the Government will continue to encourage early announcement of mega event information, appropriate coordination and accommodation will be provided to suit the organiser's preference and plan on publicity and commercial collaboration.

     Following is the speech by the Acting Chief Secretary for Administration, Mr Cheuk Wing-hing, at the Opening Ceremony of the Vocational Training Council (VTC)-the Institute of Technical Education (ITE) International Student Seminar 2024 this morning (June 26):

President Leung (President of Legislative Council (LegCo), Mr Andrew Leung), Dr Daniel Yip (Deputy Chairman of VTC), Mr Paul Chong (Deputy Chairman of VTC), Mr Donald Tong (Executive Director of VTC), Mr Andrew Chong (Chairman of the ITE), Ms Low Khah Gek (CEO of ITE), honourable LegCo Members, distinguished speakers and guests, students, ladies and gentlemen,

     Good morning. I am delighted to be here today at the Opening Ceremony of the VTC-ITE International Student Seminar 2024 to celebrate the unwavering enthusiasm for innovation of our youth. On behalf of the HKSAR Government, I would like to express my appreciation to the Vocational Training Council and the Institute of Technical Education (ITE) from Singapore, not only for being leading providers of vocational and professional education training (VPET), but also for championing meaningful exchanges and collaboration on VPET between Singapore and Hong Kong. I am delighted that the VTC and the ITE have brought together some 600 bright young minds from Hong Kong, Singapore and Shenzhen today at this biennial event to explore innovative solutions that can help build a sustainable future. I congratulate you on this impressive achievement.

     We all believe, and it is true, that the future belongs to our youth. Your innovative ideas, creative minds and professional knowledge are crucial to our society. Every one of you here today can become change-makers and contribute to shaping a better world. I am excited for you for having the opportunity to share ideas, discuss global challenges, devise solutions and effect meaningful social changes through this valuable platform, and making new friends along the way.

     The HKSAR Government places great importance on the education and development of our youth. In addition to the many initiatives, programmes and schemes to enhance support for them on various fronts, we take pride in our education system that prepares our youth for their future. In particular, VPET plays a pivotal role in broadening the learning opportunities for young people and working adults as well as nurturing the requisite human capital for Hong Kong's development. To provide the manpower required for sustaining the social and economic development of Hong Kong, the HKSAR Government has made strenuous efforts in fostering industry-institution collaboration and promoting VPET. Through VPET, we provide quality, flexible and diversified study pathways with multiple entry and exit points for young people with different aspirations and abilities.

     To complete the VPET articulation pathway and enhance its recognition, as announced in the Chief Executive's 2023 Policy Address, we have pressed ahead with the establishment of universities of applied sciences, providing an alternative pathway to success for young people who aspire to pursue careers in professional skills sectors. Furthermore, to provide the highly sought-after talent equipped with information technology (IT) skills and knowledge, we support the VTC to establish the Hong Kong Institute of Information Technology (HKIIT) to provide dedicated IT programmes, to meet the manpower need of different industries and foster the innovation and technology development of Hong Kong. The newly established HKIIT will offer a wide range of IT and relevant programmes, ranging from pre-employment and in-service training to the upskilling and reskilling programmes for learners from different backgrounds. I am sure the HKIIT will provide new platforms to further the collaboration between VTC and ITE.

     Today, it is my great pleasure to witness the signing of an Addendum to the Memorandum of Understanding between the VTC and the ITE. This signifies the expansion of programme collaboration between the two reputable institutions and greater synergy in talent development and promotion of VPET between Singapore and Hong Kong. I am confident that the VTC-ITE partnership will continue to flourish and contribute to the ongoing development of VPET around the globe.

     Lastly, I wish the seminar a resounding success, and for everyone here, an enjoyable and rewarding experience in the coming three days. Thank you.

     The Innovation and Technology Commission announced today (June 26) that the second City I&T Grand Challenge had received 1 172 submissions from nearly 2 500 contestants on an individual or team basis. More than 90 per cent of the contestants came from Hong Kong, with the rest from Mainland China, Australia, Singapore and the United States. After the first phase of assessment, 220 submissions were shortlisted to enter the next stage, the semi-pitch.

     During the submission period, five briefing sessions were held to ensure the compatibility of the participants' innovation and technology (I&T) solutions with the competition subjects. In addition, online workshops on innovation and design thinking were held for 350 primary and secondary school teachers to equip them with appropriate guidance for their teams in the Primary and Secondary School Groups.

     A spokesman for the Commission said, "To help participants prepare for the approaching semi-pitch, training workshops on pitching skills and prototype building were organised for shortlisted participants of all Groups. In addition, trainings for participants of primary and secondary schools were specially arranged with an aim to stimulate their insight on the subjects of the competition and to enhance their I&T solutions through real-life experience."

     The second City I&T Grand Challenge was launched on March 16 under the theme "Hong Kong's Got I&T". All sectors of the community were invited to put forward I&T solutions focusing on two subjects, namely "I&T for Nature (Yama)" (improving the operation and management of country parks and campsites, and enhancing hikers' experiences in nature) and "I&T for Community (Community Wellness)" (enhancing support for carers). The competition opened for submission from April 5 to May 16 and is divided into four categories, which are the Primary School Group, the Secondary School Group, the University/Tertiary Institute Group and the Open Group. Among the 1 172 shortlisted submissions, 393 of them selected "I&T for Nature (Yama)", while the remaining 779 selected "I&T for Community (Community Wellness)" as the topic. 

     The semi-pitch will be held between July 9 and 20 at the Hong Kong Science Park and InnoCentre. An online session will also be organised to enable non-local contestants to participate. The grand pitch will be staged on August 10 at the Hong Kong Science Park. Winners of each Group will be awarded cash prizes and trophies. To drive applications of I&T solutions for the benefit of the general public, winners of the University/Tertiary Institute and Open Groups will also be given financial support for research and development, as well as training sessions to refine their solutions for trials at designated venues such as government departments or public organisations. Details are available on the event website (citytechgc.hk).

    

     Following is a question by the Hon Kenneth Fok and a written reply by the Secretary for Development, Ms Bernadette Linn, in the Legislative Council today (June 26):
 
Question:
 
     There are views that with the progressive development of the Northern Metropolis, the value of the land in the area has increased significantly, and the situation of adverse possession of land has aroused concern. In this connection, will the Government inform this Council:
      
(1) whether it has compiled statistics on the number of litigation cases of adverse possession of land involving land in the New Territories in the past three years and, among them, the respective numbers of cases in which the persons in possession of someone else's land have been granted court orders to establish their adverse possession and cases which are still being processed;
      
(2) whether it has considered formulating measures or mechanisms to enable landowners to, by non-litigation means, enforce recovery of land which has not yet been in someone else's possession for 12 ‍years, so as to avoid unnecessary litigations; if so, of the details; if not, the reasons for that; and
      
(3) whether it will consider adding provisions to the Limitation Ordinance (Cap. 347) to lay down a clear definition of "malicious occupier" and deny such persons the right to apply to the court for an order to establish their adverse possession, so as to better safeguard the properties of members of the public; if so, of the details; if not, the reasons for that?

Reply:
 
President,

     The concept of adverse possession originates from common law. The key provisions and basic principles relating to adverse possession may be found in the Limitation Ordinance (Cap. 347) and relevant case laws. In general, if private land is occupied by others, land owners may apply to the court to evict the occupiers and recover the land. The application must be made within 12 years counting from the accrual of the relevant right of action. On the other hand, land occupiers may apply for a court order for establishing their adverse possession rights after being in possession of the relevant land for 12 years or more.

     Litigations involving adverse possession of land include the occupiers citing adverse possession as a defence when owners apply to the courts for eviction order, or when the occupiers apply to the courts on their own for an order establishing their adverse possession rights. Under both circumstances, the burden of proof for adverse possession lies with the occupiers. According to precedents of relevant court cases, occupiers must prove to the court on their (i) factual possession of the land in tandem with (ii) the requisite intention to possess the relevant land (i.e. the intention to possess to the exclusion of the owners and all other persons), as well as (iii) continuous and uninterrupted possession for 12 years.

     Land and properties are valuable resources in Hong Kong. We believe most owners would properly manage their properties to avoid them being occupied by others. In fact, owners should be able to avoid their land being adversely possessed if they manage their land properly through suitable measures such as regular patrol, fencing off the land if circumstances allow, erecting warning signs, etc, and take appropriate actions when occupation of the land by others is detected.

     In past cases, the courts pointed out that there are stringent requirements on the burden of proof on the applicants for adverse possession (see the three main requirements mentioned above), as a ruling to deprive the owners of their possession right to the land entails serious consequences. In addition, even if the courts establish the occupiers' rights of adverse possession, it does not imply that the occupiers (as adverse possessors) would enjoy the exact same rights as the owners. The Lands Department (LandsD) would proceed with caution for any application in relation to leases of land with court orders on adverse possession, or any compensation arising from land resumption, so as to protect the legal interests of the owners and adverse possessors. If needed, the LandsD would require the relevant persons to apply for court order to put things beyond doubt.

     For the various parts of the question raised by the Hon Kenneth Fok, my reply is set out below:
     
(1) As litigations involving adverse possession of private land is a private matter between the owners and the occupiers, the Government does not compile the relevant information. In response to the Member's question, we have checked the relevant legal database (note), which shows that in the period from January 1, 2021 to June 19, 2024, the courts made 77 rulings involving adverse possession claims on private land in the New Territories. Among them, 39 cases were ruled in favour of the occupiers' adverse possession claims, and the remaining 38 were ruled against the occupiers. On the other hand, there is no information relating to adverse possession claims that are still pending court rulings in the relevant database, hence we are unable to provide statistics on such pending cases.

(2) As mentioned above, if occupiers wish to apply to the courts for adverse possession, they are required to prove possession for 12 years. As such, when it comes to owners' attention that their land has been occupied by others, they should take prompt actions to recover the land. If owners are unable to recover land after engaging the occupiers, owners should consider making prompt application to the courts to require the occupiers to depart and to recover the land, as the only way to avoid being time-barred from initiating land recovery actions is to file an application with the courts. Owners may also consider, before the limitation period expires, means other than litigations to resolve the disputes, such as mediation. Mediation is an alternative means in settling disputes apart from litigation, where impartial and professionally trained mediators will assist all parties in undergoing negotiation and reaching a settlement that is mutually acceptable.

(3) As regard whether the Government will clarify the definition of "malicious occupier" in the legislation and exclude such persons from applying to the courts for establishing the rights of adverse possession as raised in the Hon Kenneth Fok's question, our understanding is that "malicious occupier" is not a legal term, and among discussion in the public domain it generally refers to persons gaining occupation and control over land by illegal or aggressive means, such as gaining possession of the land by damaging the fence or locks despite it having been fenced off or locked by the owners.

     â€‹In law there is a principle that persons making a claim should not be benefited from their illegal acts. As to whether the involvement of illegal acts would affect the chance of establishing adverse possession, legal precedents show that the courts would take into account the specific circumstances of the particular cases when making a ruling, including the nature and severity of the illegal acts involved, so as to determine the applicability of the aforementioned principle.

     â€‹The Law Reform Commission put forth in its 2014 report the recommendations that under the current deeds registration system, the existing provisions on adverse possession should be retained, but the law of adverse possession should be recast under the prospective title registration system under the Land Titles Ordinance (Cap. 585). As the Development Bureau mentioned when briefing the Legislative Council on the "New Land First" proposal under the Land Titles Ordinance in December 2022, we are considering dis-applying or disallowing adverse possession for "new land" under the title registration system, so as to dovetail with the principle of land title certainty conferred by the Land Titles Ordinance. We plan to further elaborate on the relevant arrangement when submitting to the Legislative Council the amendment bill on the Land Titles Ordinance early next year.

Note: The relevant research was conducted on the electronic database Lexis Advance® HK, with "adverse possession" and "new territories" as the key words under "HK Cases". The information gathered may not cover all cases.

     â€‹As the Heat Stress at Work Warning is now in effect, the Labour Department (LD) reminds employers and employees to take appropriate measures during the effective period of the warning to prevent heat stroke when working in hot weather or hot environments.
      
     Employees who work outdoors or in non-air-conditioned indoor environments face high levels of heat stress and are at a relatively higher risk of heat stroke. Employers should assess the risk factors of heat stress for employees at work and, based on the identified risk factors, take necessary preventive and control measures, including rescheduling work periods, setting up shading covers, providing ventilation and heat dissipation equipment, and reminding employees to replenish water and rest in a timely manner.
      
     The Heat Stress at Work Warning is formulated by the LD based on the Hong Kong Heat Index. There are three levels of the warning: Amber, Red and Black, which help employers and employees better understand the level of heat stress while working outdoors or indoors without air-conditioning systems.
      
     A spokesman for the LD said that when the department issues the Heat Stress at Work Warning, employers must refer to the criteria and recommendations provided in the "Guidance Notes on Prevention of Heat Stroke at Work" to conduct risk assessments, according to the workloads and other relevant heat stress risk factors, for employees who work outdoors or in non-air-conditioned indoor workplaces. Appropriate rest breaks should be arranged every hour, as far as reasonably practicable, based on various levels of the Heat Stress at Work Warning, to reduce employees' risk of heat stroke.
      
     Employees must also follow instructions to rest on time. Whenever there are any symptoms of heat-related illnesses, such as headache, dizziness, thirst, and nausea, they should rest in a cool and shady place, drink water, and inform employers/supervisors to take appropriate action immediately.
      
     The LD issued the "Guidance Notes on Prevention of Heat Stroke at Work", detailing the various risk factors that should be considered when conducting heat stress risk assessments and recommending corresponding control measures for identified risk factors for employers' and employees' reference. For the Heat Stress at Work Warning and related guidelines, please refer to the department's thematic webpage: www.labour.gov.hk/eng/news/prevention_of_heat_stroke_at_work.htm.