LandsD's follow-up work on village house at 33 Ng Fai Tin in Clear Water Bay, Sai Kung
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The District Lands Office/Sai Kung (DLO/SK) granted a short term tenancy (STT) (SX4181) to the existing owner of the village house at 33 Ng Fai Tin, Clear Water Bay, Sai Kung (the premises), at market rental for the purpose of a garden on the government land outside the village house commencing in mid-2006. The STT covers an area of about 104 square metres with permitted structures including a liquefied petroleum gas cylinder storage box, a prefabricated storage cabinet, boundary walls and fences.
A similar arrangement had also been made by the DLO/SK to grant to the former owner of the village house an STT of the same area and size for garden purposes outside the premises. In general, minor paving works within the tenancy area will not be considered as a breach of tenancy conditions. However, upon the expiry of tenancy, the Government, as the landlord, can request the tenant to reinstate the land to its original condition. According to the recent site inspections conducted by the DLO/SK, no breach of tenancy terms has been found.
There is an adjoining platform (about 24 sq m) on the government land near the part of a slope next to the village house. According to the existing record of the DLO/SK, the platform existed as early as 2000, but there is no information indicating by whom and when it was built. The existing owner of the village house originally applied to extend the STT to include the adjoining platform, but the application was not approved as the area was larger than the STT granted to the former owner. In other words, the area of the adjoining platform remains as government land.
During a site inspection by staff of the DLO/SK again on February 14, it was found that the platform had not been enclosed, but had underground lighting facilities installed, which constitutes occupation of government land. As the area of the platform has no other village houses nearby other than the premises, the DLO/SK has reason to believe the underground lighting facilities have been associated with the adjoining village house on Lot 595. The DLO/SK has issued a letter to the owner of the village house, and posted statutory notices under the Land (Miscellaneous Provisions) Ordinance (Cap. 28) today, on relevant portions of the government land to demand cessation of unlawful occupation by removal of the lighting facilities within 14 days.
Ends/Tuesday, February 20, 2018
Issued at HKT 15:57
Issued at HKT 15:57
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