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Following is a question by the Hon Kam Nai-wai and a written reply by the Secretary for Development, Mrs Carrie Lam, in the Legislative Council today (February 29):
Question:
It has been reported that in response to media enquiries, a spokesman for the Chief Executive's Office stated on February 13 this year that the Chief Executive (CE) had reminded various Secretaries of Departments and Directors of Bureaux to review whether there was any unauthorized building work (UBW) in the properties owned by them, and that if necessary, they should appoint authorized persons themselves to inspect their property units and seek professional advice, while CE had not requested the officials concerned to report the progress of handling. In this connection, will the Government inform this Council:
(a) when CE reminded the Secretaries of Departments and Directors of Bureaux of the aforesaid issue; why he did not request them to report the progress of handling;
(b) how many and which Secretaries of Departments and Directors of Bureaux (or former Secretaries of Departments and Directors of Bureaux) have reported to CE or the authorities so far whether there are UBWs in the properties owned by them, and which of them have not yet done so;
(c) whether there are UBWs in the properties owned by the Secretaries of Departments and Directors of Bureaux (or former Secretaries of Departments and Directors of Bureaux) who have reported to CE or the authorities as mentioned in (b); if so, of the details (including the locations of the properties, the types and sizes of UBWs, when such UBWs were erected, the means of handling by the authorities, whether and when such UBWs were removed, as well as the current situation, etc.); and
(d) regarding the Secretaries of Departments and Directors of Bureaux (or former Secretaries of Departments and Directors of Bureaux) in (b) who have not reported to CE or the authorities, whether the authorities have investigated or whether they know if there is any UBW in their properties; if the investigation results reveal that or if the authorities know that there are UBWs in their properties, of the details (including the locations of the properties, the types and sizes of UBWs, when such UBWs were erected, the means of handling by the authorities, whether and when such UBWs were removed, as well as the current situation, etc.); if so far the authorities have not carried out any investigation or do not know the relevant situation, whether they will request them to give reports as soon as possible, and make public the contents (including the details of UBWs if there is any) of their reports; if they will, of the details; if not, the reasons for that?
Reply:
President,
Being the department responsible for enforcement against unauthorised building works (UBWs), the Buildings Department (BD) has all along been determined to act in accordance with the law and to be impartial to all. The BD will, as a matter of established practice, accord priority to follow up on cases of great public concern reported by members of the public or by the media involving senior government officials or celebrities with the objective of clearing any public concerns as soon as possible. After conducting the necessary inspection and investigation, the BD will take enforcement actions against all such cases in accordance with the Buildings Ordinance and the prevailing enforcement policy on UBWs in an impartial manner. There is no special arrangement in relation to the taking of enforcement action against properties owned by senior government officials or celebrities.
My reply to the various parts of the question is as follows:
Between late May and early June 2011, when UBWs became a topical issue among the media, the Chief Executive reminded various Secretaries of Departments and Directors of Bureaux to review whether there were any UBWs in the properties they owned, and requested that if necessary, they themselves should engage authorised persons to inspect their properties and seek professional advice.
Secretaries of Departments and Directors of Bureaux, as owners, have the obligation to properly handle the UBWs of their properties. Besides, since the relevant legislation is enforced by the professional department concerned in an impartial manner according to established policies, it is neither necessary nor suitable for the Chief Executive to intervene in their follow-up actions. As such, he did not request the Secretaries of Departments and Directors of Bureaux to report to him after inspection. The fact that he reminded the Secretaries of Departments and Directors of Bureaux to review whether their properties had any UBWs reflected the importance he attached to the issue. Secretaries of Departments and Directors of Bureaux also have a clear understanding of their own responsibilities.
Ends/Wednesday, February 29, 2012
Issued at HKT 14:33
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