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Following is a question by the Hon Leung Yiu-chung and a written reply by the Secretary for Security, Mr Ambrose S K Lee, in the Legislative Council today (May 17):
Question:
I have recently received requests for assistance from several members of the public who allege that they have been in adverse possession of some land lots in the New Territories for several decades and their houses, properties, crops, etc. on these land lots were demolished or sabotaged recently by persons sent by those who claimed to be the land owners, and some disused village houses were also flattened. Their reports of the incidents to the Police seeking assistance were not entertained. In this connection, will the Government inform this Council:
(a) of the legislation and measures in place to protect private properties on private land;
(b) how police officers should handle these cases for assistance under police internal guidelines;
(c) of the number of request for assistance cases received by the Police concerning sabotage of properties on private land in each of the past three years, together with a breakdown of such cases by districts; and among them, the number of cases which were not entertained; the respective numbers of persons who were arrested and prosecuted for criminal damage, as well as the penalties imposed by the court on those convicted; and
(d) whether the relevant authorities will review the existing legislation and the way the Police handle such cases, in order to effectively protect private properties on private land; if not, of the reasons for that?
Reply:
Madam President,
(a) If there is any theft or criminal damage of the relevant properties, the case in question may be referred to the Police for investigation and handling in accordance with the law (such as the Theft Ordinance (Cap. 210) and the Crimes Ordinance (Cap. 200)).
As regards disputes concerning land title between the landowners and persons claiming adverse possession in respect of private lots, according to our understanding, they may be dealt with by way of legal proceedings in accordance with the Limitation Ordinance (Cap. 347).
(b) & (c) The Police handle all cases of theft or criminal damage in the same manner, and would not adopt different handling approaches by virtue of differences in land ownership. Hence, there is no need for the Police to formulate specific internal guidelines or maintain specific statistics in respect of this kind of cases. Generally speaking, police officers will conduct enquiries according to the information and facts provided by the parties concerned. If no criminal element is involved, the Police will advise the parties concerned to resolve the matter by way of civil proceedings.
(d) The Police will continue to handle any acts involving criminal elements in accordance with the law.
We understand that, in the event of loss resulting from disputes over property on private land, the relevant parties may seek redress through civil proceedings under the common law.
Ends/Wednesday, May 17, 2006
Issued at HKT 15:02
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