Following is a question by the Hon Wong Sing-chi and a written reply by the Secretary for Housing, Planning and Lands, Mr Michael Suen, in the Legislative Council today (January 14):
Question:
Regarding the problem of conducting commercial activities on government land which is occupied without authorisation or in breach of land grant conditions, will the Government inform this Council of:
(a) the location, area and years of occupation of individual pieces of government land with the above situation in the past five years, the commercial activities undertaken, as well as the government department(s) responsible for regulating such activities and the details of the follow-up actions taken; whether the authorities have assessed the turnover of such commercial activities and the amount of rent payable; if so, of the assessment results; and
(b) the follow-up actions the authorities have taken against the unauthorised occupation of government land for use as premises for the sale of food or food processing, so as to ensure food hygiene and safety as well as safeguard public health; whether the authorities will consider conducting inter-departmental joint operations to resolve the problem?
Reply:
Madam President,
My reply to the two parts of the question is as follows:
(a) As regards commercial activities conducted on government land without authorisation or in breach of the lease conditions, details of these cases are provided in Annexes A and B respectively. The Lands Department (Lands D) is responsible for taking land control action against illegal occupation of government land and to ensure compliance of the terms of leased land by the lessees. Depending on the types of activities taken place on the concerned sites, other relevant Government departments can also take appropriate action, as and when necessary, in accordance with their departmental policies.
When unauthorised occupation of Government land is detected, Lands D will normally require the occupier to cease occupation in accordance with the relevant provisions of the Land (Miscellaneous Provisions) Ordinance (Cap. 28). Where appropriate, Lands D will regularise the unauthorised occupation by granting short term tenancies (STT) to the occupiers at market rent. If the unauthorised occupation cannot be regularised and has to be ceased, no STT will be offered and rent assessment will not be carried out.
Similarly, if unauthorised change of use of leased land is discovered, Lands D will require the lessee to rectify the unauthorised use. Where appropriate, Lands D will allow the change of use by issuing a short term waiver (STW) to the lessee at a fee. If the unauthorised use is not allowed and the lessee is required to cease such activity, STW will not be issued and no fee will be assessed.
(b) Regulation of food business falls under the purview of the Food and Environmental Hygiene Department (FEHD). To safeguard public health, any person who wishes to operate a food business needs to obtain a licence from FEHD and to comply with the relevant licensing requirements and conditions. Unlicensed operators will be prosecuted regardless of whether the food premises are located on government land or not.
If Government land is occupied without authorisation for use as premises for the sale of food or food processing, Lands D will take land control action and will also refer the matter to FEHD for appropriate follow up actions within the latter's authority.
Ends/Wednesday, January 14, 2004
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