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Following is a question by the Dr Hon Lam Tai-fai and a written reply by the Secretary for Security, Mr Lai Tung-kwok, in the Legislative Council today (June 10):
Question:
Many members of the public have relayed to me that although it has been months since the occupation movement ended in the end of last year, there are at present quite a number of people still occupying the pavements along Tim Mei Avenue in Admiralty and the public places nearby. Apart from putting up unauthorised structures such as tents, pitches, huts, etc., these occupiers have also placed large quantities of miscellaneous objects there. Such acts not only have caused serious obstructions on passageways, but are also alleged of breaking the law. These members of the public have indicated that they do not understand why the Government has not yet taken any action to tackle the situation. In this connection, will the Government inform this Council:
(1) whether it has surveyed (i) the numbers of structures such as tents, pitches, huts, etc., (ii) the respective areas occupied by such structures, and (iii) the number of such occupiers, at the aforesaid location;
(2) whether it has looked into the purpose of such occupiers in occupying public places; if it has, of the details; if not, the reasons for that;
(3) whether it has looked into the organisations, groups and political parties to which such occupiers belong; if it has, of the details; if not, the reasons for that;
(4) of the daily quantity of garbage and level of noise generated by such occupiers at present; the extra manpower and resources deployed by the authorities to deal with the garbage;
(5) whether it has assessed the impact of the occupation of public places on various social aspects (including the accessibility of pedestrian passages, law and order, environmental hygiene, public order, pedestrian safety, etc.); if it has assessed, of the details; if it has not assessed, the reasons for that;
(6) whether it has assessed if the aforesaid occupation of public places has breached the law; if the assessment outcome is in the affirmative, of the legislation contravened, and whether and when the authorities will institute prosecutions; if the assessment outcome is in the negative, the reasons for that;
(7) of the numbers of related complaints which the Police have dealt with, followed up and replied, as well as their details;
(8) of the government departments which are responsible for tackling the aforesaid occupation of public places; their follow-up actions taken in respect of such situation;
(9) whether the authorities have put in place a set of law enforcement criteria against illegal occupation of public places for the purpose of street sleeping; if they have, of the details; if not, the reasons for that;
(10) why it has not carried out clearance operation all along;
(11) whether it will consider setting a deadline by which the occupiers have to remove their structures and miscellaneous objects on their own, and taking actions to remove such objects after the deadline; if it will, of the details; if not, the reasons for that;
(12) whether the Chief Executive and the principal officials under the accountability system have visited the aforesaid sites to understand the situation; if they have, of the details; if not, the reasons for that;
(13) whether it has assessed if the Government continuously turning a blind eye to the occupation of public places for several months has undermined the credibility of its governance, affected the overall image of Hong Kong, and hindered the development of the tourism industry; and
(14) whether the authorities will tackle the occupation of pavements immediately after this Council has voted on the proposals on the method for selecting the Chief Executive in 2017; if they will, of the details; if not, the reasons for that?
Reply:
President,
With respect to the Dr Hon Lam Tai-fai's concern over the occupation of pavements of Tim Mei Avenue and nearby public places in Admiralty as well as the allegedly illegal erection of tents and placement of objects by certain members of the public, the Government's reply is as follows:
(1) to (3) According to Police records, as at May 31 this year, there were in total about 200 tents and erected structures of different sizes, plus other objects such as tables, chairs, potted plants and helmets etc., on the pavements of Tim Mei Avenue and Harcourt Road. Such tents, erected structures and other objects have illegally occupied a large area of the aforesaid pavements. According to observations and media reports, some of the tents were empty at times, while at other times people of different backgrounds chatted, slept, cooked, read or used mobile phones etc. inside or near the tents.
(4) and (7) From December 15 last year to May 31 this year, the Police have received over 30 reports involving obstruction caused by the tents, erected structures and other objects on the aforesaid pavements. In respect of law and order, in the same period, a total of four persons concerning three cases were arrested by the Police on the pavements of Tim Mei Avenue and Harcourt Road for suspected common assault and criminal damage. The Police will continue to closely monitor the situation of the aforementioned pavements, maintain law and order, and combat illegal acts.
In the same period, the Food and Environmental Hygiene Department (FEHD) has received 11 complaints on environmental hygiene pertaining to tent erection, odour emission and pest problems on the pavements of Tim Mei Avenue and Harcourt Road. While daily sweeping and refuse collection as well as regular pest control are being conducted on the aforesaid pavements, the FEHD has been unable to carry out routine street-washing as usual since last December due to the illegal occupation of certain pavement sections of Tim Mei Avenue and Harcourt Road.
(5) to (6) and (8) to (14) The HKSAR Government respects the public in expressing their views in a lawful and peaceful manner. The Government, at the same time, also has the responsibility to safeguard the public﷿s right of using the roads, as well as to ensure public safety, public order and public health.
The pavements of Tim Mei Avenue and Harcourt Road are a public place and a main access to the Central Government Offices (CGO) and Legislative Council Complex (LCC). While expressing their views, members of the public should respect others' right to use these roads and should not illegally occupy public place by means of tents, erected structures or other objects.
From the perspective of law and order, given that most of the tents on the aforesaid pavements are enclosed and that a few of them are indeed very large, it is difficult for passers-by to see from the outside what articles are stored inside the tents, or whether such articles are dangerous, offensive or illegal, and whether any person is lurking inside the tents for any criminal act, thereby causing concern amongst passers-by over their own personal safety. At the same time, some members of the community have already expressed dissatisfaction over the acts of illegally occupying the pavements of Tim Mei Avenue and Harcourt Road. Large-scale illegal occupation of pavements will heighten the risk of confrontation between people of different views at these locations. Besides, a section of the pavement on Tim Mei Avenue outside the CGO is a designated public activity area. Members of the public and the media often have to stand on vehicular access in order to stage demonstrations or cover news as the pavement is occupied by the tents, hence exposing themselves to danger. The above-mentioned various factors will create risks in respect of law and order on relevant pavements.
On environmental hygiene, given that the pavements of Tim Mei Avenue and Harcourt Road outside the LCC and CGO have not been thoroughly washed for about half a year, coupled with the hot and humid summer of Hong Kong, the tents, erected structures and other objects currently occupying these pavements may trigger environmental hygiene problems such as mosquito and pest breeding as well as odour emission etc.
The HKSAR Government urges the protestors to remove the tents, erected structures and other objects from the pavements of Tim Mei Avenue and Harcourt Road outside the CGO and LCC, so that members of the public can use these pavements in the normal way. Relevant government departments will continue to closely monitor the situation of the aforesaid pavements, examine necessary follow-up measures and take appropriate law enforcement actions at an appropriate time. It is not appropriate to reveal details at this stage.
Ends/Wednesday, June 10, 2015
Issued at HKT 16:25
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