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Following is a question by the Hon Cheung Hok-ming and a written reply by the Secretary for Housing, Planning and Lands, Mr Michael Suen, in the Legislative Council today (January 17):
Question:
It was reported that the land managers of Wu Kwai Sha Youth Village and Leung King Estate in Tuen Mun were suspected of having breached the tree preservation clauses in the relevant land leases by pruning trees extensively on the land concerned without the consent of the Lands Department. In this connection, will the Government inform this Council of:
(a) the circumstances under which tree preservation clauses are stipulated in the leases of private lands when they are granted, and the liabilities and penalties for breaching these clauses;
(b) the circumstances, as are generally provided for in such clauses, under which the grantees of private lands are required to obtain prior consent from the Lands Department before pruning trees on the lands concerned, the relevant application procedures and the conditions that the Lands Department will impose when giving consent; and
(c) the mechanism put in place by the Lands Department (such as whether staff members are deployed to conduct regular inspections) to ensure compliance with such clauses by the grantees of private lands and the actions which will be taken in the event of non-compliance?
Reply:
Madam President,
The Government is committed to implementing the greening policy. We encourage the pursuit of more active planting, proper maintenance and preservation of trees together with other vegetation in private developments, with a view to uplifting the quality of our living environment. In approving the planning applications, the Town Planning Board would require applicants to comply with the conditions relating to greening imposed. The Lands Department would take corresponding action by incorporating the tree preservation clauses in the relevant leases.
My reply to the three-part question is as follows:
(a) In accordance with the lease conditions, if any person is found in breach of the tree preservation clause without the prior consent of the Director of Lands, the Lands Department would charge a penalty land premium and impose a requirement for compensatory planting.
(b) Grantees have the responsibility for complying with the lease conditions (including the tree preservation clauses) and ensure that no trees are unnecessarily felled. Pruning is a normal step in tree care and hence no prior approval is required. For felling or transplanting of trees, grantees are required to submit an application to the Lands Department under the tree preservation clauses in the leases. The Lands Department would seek advice from departments concerned (e.g. the Architectural Services Department and the Agriculture, Fisheries and Conservation Department). In processing approval, the Lands Department would have regard to the actual circumstances and the justifications submitted, and might impose conditions such as transplanting of the affected trees or compensatory planting within the lot.
(c) The Lands Department would check the compliance with the tree preservation clause prior to the issue of the Certificate of Compliance. Generally, the Lands Department would not conduct regular site inspections solely for the purpose of the tree preservation clauses, but would cover this during ad hoc site inspections. In the event of breaches of the tree preservation clauses being detected, the Lands Department will take appropriate lease enforcement action, including charging a fine and requiring compensatory planting by the grantees.
Ends/Wednesday, January 17, 2007
Issued at HKT 12:31
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