Minutes of the 5th Meeting of the Food, Environment, Hygiene & Works Committee (2014-2015) Central and Western District Council Date Time Venue : 23rd October 2014 : 2:30 p.m. : Conference Room 14/F, Harbour Building 38 Pier Road, Central, Hong Kong Present: Chairman Mr LEE Chi-hang, Sidney* Members Mr CHAN Chit-kwai, BBS, JP* Mr CHAN Choi-hi, MH* Mr CHAN Hok-fung, MH* Ms CHENG Lai-king* Mr CHEUNG Kwok-kwan, JP Mr CHEUNG Yick-hung, Jackie Mr HUI Chi-fung* Mr IP Kwok-him, GBS, JP Mr KAM Nai-wai, MH Miss LO Yee-hang Miss SIU Ka-yi* Mr MAN Chi-wah, MH* Mr WONG Kin-shing* Mr YIP Wing-shing, BBS, MH, JP* Co-opted Members Mr LI Po-ming Mr LUI Hung-pan* Ms NG Hoi-yan, Bonnie* Mr YEUNG Ho-kei Mr YEUNG Hok-ming* Remarks: (2:57 pm – 5:27 pm) (6:00 pm – end of the meeting) (2:30 pm – 4:10 pm) (2:30 pm – 5:37 pm) (2:30 pm – 3:20 pm) (3:07 pm – end of the meeting) (2:45 pm – end of the meeting) * Members who attended the whole meeting ( ) Time of attendance of Members -1- Guests Item 4 Mr LAM Chik-man Ms HO Wai-hung Mr CHU Kam-sing, Daniel Miss YU Yan-yan, Rosanna Item 5 Mr LING Wing-cheong Item 6 Mr KWAN Tung-hoi Mr Duncan WONG Mr LAI Kam-to Mr CHEUNG Pak-kin Mr CHAU Shu-man Ms NG Yuk-wa, Alice Item 7 Mr KWAN Tung-hoi Ms TSANG Wai-wah Mr LING Wing-cheong Item 8 Professor Thomas FLEMMIG Mrs Kenny WONG Item 9 Mr TSE Ying-kit Mr CHING Chi-yan, Billy Mr FAN Ka-yin Government Property Agency Chief Property Manager (Acquisition, Allocation & Disposal) Planning Department Senior Town Planner/HK 4 Social Welfare Department Assistant District Social Welfare Officer (Central Western/Southern/Islands) 2 Central and Western District Senior Executive Officer (District Office Management) Food and Environmental Hygiene Department Acting District Environmental Hygiene Superintendent (Central/Western) Highways Department Hong Kong & China Gas Company Limited Hong Kong & China Gas Company Limited Hong Kong & China Gas Company Limited Electrical & Mechanical Services Department Electrical & Mechanical Services Department District Engineer/West General Manager - Marketing & Sales Highways Department Drainage Services Department Food and Environmental Hygiene Department District Engineer/West Senior Engineer/Central and Western Faculty of Dentistry, University of Hong Kong/ The Prince Philip Dental Hospital The Prince Philip Dental Hospital Acting Dean/Acting Director Fire Services Department Station Commander, Kennedy Town Fire Station Police Community Relations Officer (Western District) Neighbourhood Police Coordinator, Police Community Relations Office (Western District) Hong Kong Police Force Hong Kong Police Force -2- Senior Network Operation Manager Senior Customer Maintenance Service Manager Senior Engineer/Gas Standards A3 Engineer/Gas Standards A3/2 Acting District Environmental Hygiene Superintendent (Central/Western) Comptroller Mr KWOK Kin-man, Alex Lands Department Miss YU Yan-yan, Rosanna Efficiency Unit Highways Department Buildings Department Buildings Department Food and Environmental Hygiene Department Central and Western District Office Senior Estate Surveyor/LC & LE (District Lands Office/Hong Kong East, West & South) Principle Management Services Officer (Efficiency Unit) 3 Project Adviser District Engineer/West Senior Structural Engineer/MBI1-D Structural Engineer/MBI1-D5 Acting District Environmental Hygiene Superintendent (Central/Western) Senior Executive Officer (District Management) Mr LAM Kwok-wai, Simon Mr YUK Wai-fung Mr KWAN Tung-hoi Mr CHAN Wai-tai Mr CHENG Chi-lung Mr LING Wing-cheong Efficiency Unit Item 10 Ms HO Wai-hung Mr NG Pak-ming Planning Department CSBO Association Senior Town Planner/HK 4 President Food and Environmental Hygiene Department Acting District Environmental Hygiene Superintendent (Central/Western) Item 11 Mr LING Wing-cheong Item 12 Mr SUEN Yau-hau, Tony Administration Wing, Chief Secretary for Administration’s Office Mr YUEN Fook-cheung, Administration Wing, Chief Raymond Secretary for Administration’s Office Item 13 Mr LING Wing-cheong In Attendance Miss CHOW Ho-kiu, Cheryl, JP Mr CHAN Yun-man, Winston Ms WONG Ming-wai Miss YU Yan-yan, Rosanna Ms WONG Kam-ling, Candy Ms WONG Yuet-kwan, Mandy Ms AU Shui-fan Chief Executive Officer (Common Services) Senior Executive Officer (Common Services) 1 Food and Environmental Hygiene Department Acting District Environmental Hygiene Superintendent (Central/Western) Central and Western District Office Central and Western District Office Central and Western District Office Central and Western District Office Buildings Department District Officer Lands Department Senior Estate Surveyor/Central (District Lands Office, Hong Kong West and South) Neighbourhood Police Coordinator, Police Community Relations Office (Central District) Hong Kong Police Force -3- Assistant District Officer Senior Executive Officer (District Council) Senior Executive Officer (District Management) Building Surveyor/A3-SD Mr CHING Chi-yan, Billy Mr FAN Ka-yin Hong Kong Police Force Mr LING Wing-cheong Food and Environmental Hygiene Department Leisure and Cultural Services Department Civil Engineering and Development Department Environmental Protection Department Mr CHOI Yiu-kwok, Kent Mr YIP Man-ying, Stanley Mr LAW See-hon, Sean Hong Kong Police Force Secretary Miss YIP Kit-wai, Angel Central and Western District Office Police Community Relations Officer (Western District) Neighbourhood Police Co-ordinator, Police Community Relations Office (Western District) Acting District Environmental Hygiene Superintendent (Central/Western) Deputy District Leisure Manager (Central and Western) 2 Engineer 25 (Hong Kong Island Division 1) Senior Environmental Protection Officer (Regional South) 1 Executive Officer (District Council) 3 Absent with Apologies Dr Malcolm LAM Mr CHAN Ho-lim, Joseph (Sick Leave) Mr NG Siu-keung, Thomas, MH, JP Miss LAU Wai-yan, Vienna Opening Remarks The Chairman welcomed Members and representatives from government departments to the 5th meeting of the Food, Environment, Hygiene & Works Committee (FEHWC) (2014-15). The Chairman also welcomed Mr LING Wing-cheong, Acting District Environmental Hygiene Superintendent (Central/Western), Ms Candy WONG, Building Surveyor of the Buildings Department (BD), Ms Mandy WONG, Senior Estate Surveyor/Central (District Lands Office, Hong Kong West and South) of the Lands Department (LandsD), Ms Rosanna YU, Senior Executive Officer (District Management) of the Central and Western District Office (C&WDO), who succeeded the retired Mr YIP Ming-bor, Mrs CHEUNG CHOY Suk-ling, Aka, Mr LAM Chi-ming, Kempis and Ms YEUNG Lai-ching, Regent respectively and Ms AU Sui-fun, Neighbourhood Police Coordinator, Police Community Relations Office (Central District) of the Hong Kong Police Force (HKPF) and Mr Stanley YIP, Engineer 25 (Hong Kong Island Division 1) of the Civil Engineering and Development Department (CEDD), who attended the meeting on behalf of Mr SOO Wan-lok and Ms YAU Man-shan, Doris respectively. Moreover, the Secretariat received the notification of absence from Mr Joseph CHAN, who said that he could not attend the meeting due to sickness. Members unanimously endorsed Mr Joseph CHAN’s application for absence from the meeting. Item 1: Adoption of the Agenda (2:30 pm) 2. The agenda had been revised. agenda was adopted. There were no comments from Members and the -4- Item 2: Confirmation of the Minutes of the 4th Meeting of FEHWC on 24 July 2014 (2:31 pm) 3. Members had no comments on the minutes of the 4th meeting of FEHWC and the minutes were confirmed. Item 3: Reports of the Chairman and Working Groups (2:31 pm – 2:32 pm) 4. The Chairman said that the Secretariat had passed the following information papers for Members’ perusal through circulation: No. 66/2014 68/2014 77/2014 80/2014 82/2014 Document Title Central and Western (C&W) District Environmental Protection and Improvement Working Group of Central and Western District Council (C&WDC) 2014/15 Environmental Protection Department’s Funding Application: Plastic Bag Charging 1,2,3 Food and Environmental Hygiene Department (FEHD) C&W District Minor Work Progress Report (until the end of July 2014) Actions taken Against the Obstruction Caused by Waste Recycling Shops FEHD C&W District Minor Work Progress Report (until the end of September 2014) Half-yearly Progress Report on Building Management Coordination Committee in C&W District (March 2014 to August 2014) Circulation Date 28 July 2014 1 September 2014 22 October 2014 7 October 2014 20 October 2014 Item 4: Strong Request for Redeveloping the Western Police Station Married Quarters to a Community Services Complex (C&W FEHWC Paper No. 67/2014) (2:32 pm – 3:00 pm) 5. Mr YEUNG Hok-ming said that the FEHWC had discussed the relevant issue in 2008 and 2013 and the reply of the department this time was the same as the earlier ones. He said that the department had indicated in its reply in 2013 that the site would be zoned as community hall but the reply this time did not mention that. Moreover, he pointed out that it was a waste of resources to leave the Western Police Station Married Quarters (the Quarters) vacant for so long. As various departments were in need of land in the district, he hoped the Quarters could be opened for departmental use. He enquired of the department about the specific details concerning the partial opening of the former Western Magistracy Building for use of community facilities for the C&WDO in 2015. 6. Mr CHAN Chit-kwai suggested the department submit a specific plan on the partial opening of the former Western Magistracy Building for use of community facilities and asked the department when it would formally open. -5- 7. Mr CHAN Hok-fung supported using the Quarters to provide government service to the public, especially social welfare services. He said that previously a youth centre in the C&W District was almost being forced out due to lease conditions. Only under the mediation of the Social Welfare Department (SWD) was it allowed to stay. He asked the department why it did not hand over the site for the SWD to provide service to residents. Moreover, he pointed out that with the convenient location of the Quarters, the department should study carefully with the SWD the provision of facilities in the building to serve the community. He enquired of the department about the details of the proposed community facilities to be provided in the former Western Magistracy Building. 8. Mr CHAN Choi-hi pointed out that places were needed by groups and organisations in the district for operation; hence he suggested the Government Property Agency (GPA) set out a timetable for the development of the Quarters. Moreover, he proposed that the District Council (DC) set up a non-standing working group in which the GPA would coordinate with various departments to follow up on how the Quarters should be developed. He also suggested arranging site visits to inspect the condition of the facilities and the department should consider leasing out sites to district organisations by way of short-term tenancy. 9. Ms CHENG Lai-king asked the LandsD to explain what was meant by “the Quarters was situated on permanent government land” and whether only the HKPF had the power to propose redevelopment or development. She quoted the reply of the department that the Quarters was a structure supporting the lower part of the retaining wall at Queen’s Road West and the demolition works would be complicated. She enquired whether the department would wait to demolish the Quarters with the Western Police Station in one go. She pointed out that former Police Married Quarters at Hollywood Road had been leased out on temporary tenancy and suggested the department take back the Quarters for leasing out to residents on short term tenancy when they were waiting for allocation of public housing units. She worried that if being vacant for a long time, the Quarters would become derelict and thus required demolition. It was also possible that after being vacant for such a long period, the building might be declared as a monument and could not be demolished. 10. Mr MAN Chi-wah agreed with the views of Ms CHENG Lai-king that the department should consider leasing out the Quarters to district organisations by way of short term tenancies (STTs). This could at least ensure a certain usage rate of the Quarters before it was declared a monument. 11. Miss LO Yee-hang would like to know the internal conditions of the Quarters at present, as well as the department’s development timetable and direction for it. In view of the convenient location of the Quarters and the lack of public facilities in the district, she suggested the department consider opening part of the area for use of public facilities. 12. Mr LAM Chik-man, Chief Property Manager (Acquisition, Allocation & Disposal) of the GPA, explained that the policy of the government was to relocate government offices with no location requirements out of high-value areas or Central Business Districts (CBD), and to utilise the government-owned properties as far as possible so as to reduce rental expenditure. Regarding the physical conditions of the former Quarters, the GPA had consulted and confirmed with the Architectural Services Department (ArchSD) that the Quarters located within the boundary of the Western Police Station was a structure supporting the lower part of the retaining wall at Queen’s Road West. The ArchSD had installed measures on the fence wall that had been reinforced in the earlier years, and conducted -6- regular monitoring every two months. The wall was in good condition so far. As for the proposal of leasing out the former Quarters by way of STTs, the GPA would further study its technical feasibility and cost effectiveness. He also indicated that the departments concerned had actively studied the development roadmap and timetable of the site in the past year, but some technical issues remain to be solved, such as operation, purpose and space requirement of the departments. Moreover, it needed to dovetail with the development of the nearby Western Police Station and some time was required to process the case. In addition, when departments were in need of extra space for new services, the GPA would follow the established mechanism to identify suitable places, such as allocation of existing government properties, construction of new government offices and leasing of private properties, etc. As for the former Western Magistracy Building, at present there were about over 3 000 square metres allocated for use of departments. The GPA had considered the earlier suggestion of the C&WDC, the needs of the residents in the district as well as the demand of the C&WDO for providing extra space for use of community facilities. Furthermore, there would be vacated space in the Building in mid-2014. Based on the above considerations, the GPA had allocated the space to the Home Affairs Department (HAD). It was believed that the facilities concerned would come into operation in a short period of time. 13. Miss Rosanna YU, Senior Executive Officer (District Management) of the C&WDO, said that after the study the department considered that the site was suitable for use of activity rooms and meeting rooms. The DFMC would be consulted again once a concrete proposal was ready. The facilities were expected to open for public use within 2015. 14. The Chairman invited Members to express their views and raise questions. main points of Members’ comments were as follows: The (i) Mr CHAN Choi-hi indicated that if the proposal of STTs was to be implemented, we must know the present conditions of the Quarters and the areas available for use, as well as coordinate with the project of the Western Police Station. In light of this, he suggested a site visit be conducted there. (ii) Mr YEUNG Hok-ming said that the Quarters had been vacant for over 10 years and the DC had discussed the issue in 2008 and 2013. He enquired when the department would submit a concrete proposal to the DC. Furthermore, he asked the GPA about the size of the activity room and the meeting room and in which floor did they locate in the former Western Magistracy Building. (iii) Mr YIP Wing-shing said that as the DC had mentioned the proposal concerned for many times, the department should react accordingly and considered opening the facilities to the public in light of the short supply of facilities in the district. For example, he said that a district sports association did not have an office. He thus suggested the government vacate some space for use of district organisations. (iv) The Chairman said that the Quarters had been vacant since 2007. However, since the department had repeatedly said that time was needed to study on the demolition works of the retaining wall at previous meetings, the issue had made no headway so far. The department should take the blame for this. He indicated that if the department had no idea how to revitalise the Quarters, it could consider leasing it out to district organisations for temporary use by way of STTs. -7- 15. Mr LAM Chik-man responded that the GPA would further study the technical feasibility and cost effectiveness etc. of putting the former Quarters to temporary use. He pointed out that the current target was to complete the study concerned within six months to a year and the GPA would consult the DC once a concrete proposal was ready. As for the space in the former Western Magistracy Building allocated to the HAD, it had a net area of about 146 square metres. In response to the comment of Mr YIP Wing-shing that some non-governmental organisations in the district were in need of accommodation, he indicated that government departments could apply to the GPA according to their service needs, whereas the GPA would process the applications according to the established mechanism. 16. Ms HO Wai-hung, Senior Town Planner/HK 4 of the Planning Department, said that the site concerned was zoned “Government, Institution or Community” in the Sai Ying Pun and Sheung Wan Outline Zoning Plan. The proposed uses were uses always permitted in the zone concerned. 17. Mr YIP Wing-shing indicated that the department could enquire of the Assistant District Social Welfare Officer (Central Western/Southern/Islands) of the SWD and the District Officer of the C&WDO about the information on the demand for community facilities in the district. He said that the department should address the urgent needs of people and grant land for use of community facilities as soon as possible. He also suggested that the Committee write to the GPA or the Development Bureau to relay its opinions. 18. The Chairman concluded that since the GPA had not yet agreed to grant land for community development at present, it was inappropriate to conduct site visits now. He agreed on the suggestion made by Mr YIP Wing-shing that the Committee should write to request the GPA to gather pace in the opening of the Quarters for community use. 19. Mr CHAN Choi-hi hoped that the department would provide a land development schedule the soonest possible and arrange for Members to conduct site visits in due course. Item 5: Request for Improving the Problems of Environmental Hygiene Caused by Refuse Collection in Western District (C&W FEHWC Paper No. 69/2014) (3:00 pm - 3:30 pm) 20. The Chairman invited Members to express their views and raise questions. main points of Members’ comments were as follows: (i) The Mr CHAN Hok-fung said that some members of the public had reflected the frequent problem of refuse accumulation in the district while the C&WDC had had many discussions about the absence of street cleaners to clean the streets in the district. He had inspected Victoria Road with the former District Environmental Hygiene Superintendent (Central/Western) of the FEHD and spied a contractor moving a large-sized refuse discarded on the street to another place. He expressed his disappointment to the performance of the FEHD in recent years, saying that there were problems in its supervision work as well as the work attitude of its contractors. He asked why the FEHD did not consider terminating the contract with the errant contractor after five warning letters and 47 default notices were issued as stated in the response of the FEHD. -8- (ii) Mr CHAN Chit-kwai shared the view of Mr CHAN Hok-fung that the environmental hygiene of the community had been deteriorating; pointing out that inadequate supervision over contractors was the root of the problem. He also suggested that the department should step up prosecution against persons who illegally discarded refuse at public places in the district, review the performance of the cleansing contractors which had been complained against and step up prosecution against errant private cleansing contractors of buildings. (iii) Mr WONG Kin-shing suggested that the department and cleansing contractors should reschedule the refuse collection work, so as to mitigate the impact on busy streets caused by refuse accumulation. (iv) Mr YEUNG Hok-ming presented photos revealing the woeful environmental hygiene conditions at the junction of Water Street and Queen’s Road West, Caine Road, the junction of Li Yuen Street West and Queen’s Road Central, and Belcher’s Street. He said that he had once witnessed a contractor placing on the street the refuse collected from a refuse bin. He commended the FEHD for easing the impact on pedestrians by advancing the refuse collection time for Po Tuck Street. (v) Miss SIU Ka-yi suggested that the department step up enforcement actions and strengthen communication on the handling of refuse with restaurants. (vi) The Chairman opined that the department should strengthen supervision over cleansing contractors as the hygiene condition of streets had constantly deteriorating over the past two years. 21. Mr LING Wing-cheong, Acting District Environmental Hygiene Superintendent (Central/Western) of the FEHD, said that the department would step up publicity to educate the public and the cleansing workers, supervise the cleansing contractors engaged by the department and impose heavy penalties against irregularities. Furthermore, the department had stepped up prosecution against persons who illegally discarded refuse at public places in the district. As at 22 October, the number of fixed penalty tickets issued increased to 41 from 36 and 4 prosecution had been initiated. On the other hand, the department would also post notices at hygienic black spots to remind the public not to discard refuse at will. The department would also proactively consider Members’ suggestion of clearing the refuse discarded at public places at an earlier time to reduce the nuisance to residents. 22. The Chairman invited Members to express their views and raise questions. main points of Members’ comments were as follows: The (i) Mr CHAN Hok-fung proposed that the department consider replacing cleansing contractors with poor performance and provide the current street cleaning schedule for supervision of Members. He indicated that the FEHD should proactively find a solution to stop the hygiene condition of streets from deteriorating continuously. (ii) Mr IP Kwok-him said that it was very important to keep the city clean. He opined that instead of ignoring the problem of refuse being discarded on the streets for a prolonged period, the department should confront it. He suggested strengthening communication with contractors to enhance the existing refuse handling process. -9- (iii) Mr CHAN Choi-hi accused the FEHD for giving standard answers repeatedly and advised the department to work out a complete solution for the problem. He also enquired whether the work quality of contractors was affected by a tender system which favoured bidders offering the lowest bid. He requested the department to give specific response after the meeting. (iv) Mr YEUNG Hok-ming pointed out that there was no cleansing worker on duty on the streets and he had spied the FEHD cleansing workers turning a blind eye on refuse. He questioned how the department could set a good example and whether its supervision standards were still being complied with. (v) The Chairman said that the problem of refuse being discarded on the streets for a prolonged period might have been caused by the early closure of refuse collection points. He suggested the department consider extending their service hour. Indicating that the deterrent effect of the prosecutions by the department had been weakened recently, he suggested the department step up enforcement actions. 23. Mr LING Wing-cheong expressed his concerns over the problem of refuse being discarded at public places in the district, saying that a multi-pronged approach including prosecution and education would be adopted to solve the problem. In response to Mr CHAN Hok-fung’s opinion, he said that the record of punishment for contractors kept by the department would become one of the considerations in future tenders for service contracts. In response to the Chairman’s opinion, he said that the department would decide whether the service hours of refuse collection points should be extended after discerning the service needs by consulting people from the district and private cleansing companies. Item 6: Concern over the Road Subsidence Occurred off King Ming Mansion in Third Street (C&W FEHWC Paper No. 70/2014) (3:30 pm – 3:46 pm) 24. The Chairman invited Members to express their views and raise questions. main points of Members’ comments were as follows: The (i) Mr YEUNG Hok-ming enquired of the HyD whether the burst of water mains had resulted in loss of underground soil near the water mains in the vicinity of King Ming Mansion. He asked whether an explosion would occur if a void was developed underneath the water mains as a result of soil loss with a large amount of town gas accumulated due to leakage. He pointed out that the HyD had taken six days to reopen the road for vehicular traffic after the occurrence of the incident. He suggested the HyD speed up the resumption of traffic in the same circumstances in the future. (ii) Mr WONG Kin-shing pointed out that the WSD should be vigilant for the loss of underground soil after water main bursts and conduct upgrading and mitigation works while maintaining the water mains in the future. - 10 - (iii) Mr CHAN Chit-kwai enquired about how the Hong Kong and China Gas Company Limited (HKCG) would conduct leakage surveys if the underground pipes could not be reached by foot. He also enquired about the details of its built-in monitoring and data system as well as the criteria for assessing town gas leakage. Furthermore, he enquired of the Electrical and Mechanical Services Department (EMSD) how the system could detect minor gas leakage or the leaked gas accumulated at hidden locations. In addition, he enquired about how the EMSD would monitor the conditions of installations other than gas appliances. 25. Mr KWAN Tung-hoi, District Engineer/West of the HyD, said that on the day the incident occurred, his colleagues could only help repair the road surface after the HKCG had handled the gas pipes. 26. Mr CHAU Shu-man, Senior Engineer/Gas Standards A3 of the EMSD, said that the HKCG would supplement the operational details of its electronic monitoring system. As regards the monitoring of minor leakage, he pointed out that the HKCG would regularly conduct annual leakage surveys on underground pipes while the EMSD would conduct audit inspections from time to time on the surveys carried out by the HKCG. Apart from gas appliances, the HKCG would also inspect the pipes on the external walls of buildings. Furthermore, the EMSD was also committed to encouraging the public/owners’ committees/property management agencies to arrange inspections with HKCG for the pipes on the external walls of their buildings. 27. Mr LAI Kam-to, Senior Network Operation Manager of the HKCG, pointed out that during road subsidence, town gas would rise quickly through the cracks on the road surface and diluted with the air. Upon receiving the incident report, the 24-hour emergency team of the HKCG would carry out urgent repairs and immediately notify the Fire Service Department. In addition, the HKCG would conduct leakage surveys six times per year on the gas pipe network. As for some inaccessible pipe networks, the HKCG would apply advanced technology from overseas, such as remote laser detectors, to detect if there was any gas leakage. The HKCG 24-hour Grid Control Centre was located in the headquarters at North Point, with dedicated staff on duty to monitor the town gas facilities. Upon receiving gas leakage report, the control centre would monitor the situation through the system and deploy staff to handle the incident in a timely manner. 28. The Chairman invited Members to express their views and raise questions. main points of Members’ comments were as follows: (i) The Mr YEUNG Hok-ming pointed out that an enclosed space would be formed if the road did not subside while there was a loss of underground soil. He asked whether an explosion would occur if minor leakage of town gas had accumulated in the enclosed space. Furthermore, he asked how the HKCG would monitor the situation. 29. Mr LAI Kam-to pointed out that equipped with sensitive instrument, the technicians of the HKCG would conduct walking surveys six times a year for the gas pipelines to ensure normal operation. When there was road subsidence caused by water main bursts, the company staff would use sensitive instrument for detection and handling of such cases. In addition, the HKCG would communicate with parties which had to conduct works in enclosed space. Leakage alarming devices would be installed when necessary. - 11 - Item 7: Concern over the Flooding Problem Occurred in Sheung Wan, Sai Wan and Sai Ying Pun during Rainstorm (C&W FEHWC Paper No. 71/2014) (3:46 pm – 4:20 pm) 30. The Chairman invited Members to express their views and raise questions. main points of Members’ comments were as follows: The (i) Miss SIU Ka-yi pointed out that she had submitted similar papers a few years ago, yet the blockage of drains had not yet improved when there were rainstorms. She enquired about the details for increasing the number of gullies or their relocation. (ii) Mr CHAN Hok-fung said that since 2008, the HyD had conducted a number of improvement works near Belcher’s Street in Sai Wan. However, he found out recently that there were no gullies in some places or the flow rate was low. He mentioned as an example that flooding occurred at the gully pit outside “Jan Ji Mei”, a light refreshment restaurant, at the junction of Belcher’s Street and Davis Street when it rained. He found that there were no water intakes for collecting rainwater near the bus stop at Luen Hong Apartments at Belcher’s Street during a site visit with the DSD staff in response to the bad smell problem of drains. He proposed that the department should increase the number of water intakes at that location to improve the flow rate and monitor the blockage of drains. (iii) Mr CHAN Chit-kwai suspected that the outsourced cleansing contractors of the FEHD had dumped refuse cleared by them into gullies. He suggested the FEHD investigate the source of refuse in the gullies and impose heavy penalty on the contractors concerned if the allegation was true. (iv) Mr CHAN Choi-hi suggested the department review the need for additional gullies and gully pits in the entire C&W District and hoped the department could submit a report on drainage clearance every year. He also requested the department to provide to the DC a timetable for the promised improvement measures and set out, by the 15 areas, the list of gullies or gully pits in the C&W District for monitoring of DC Members. (v) Mr MAN Chi-wah pointed out that most areas in Sheung Wan and Sai Wan were land from reclamation. Sheung Wan had previously been affected by backflow of sea water but the situation was significantly improved upon the provisioning of storm tanks in Sheung Wan. He worried that the same problem would occur in Sai Ying Pun and Sai Wan. He hoped the relevant departments could study on its probability and plan and provide additional storm tanks in Sai Wan and Sai Ying Pun. (vi) Mr IP Kwok-him said that a large amount of sand, gravels and refuse were found in drainage pipes as indicated by the reply of the DSD. He also noticed such problem at Chiu Kwong Street and Connaught Road West. He enquired whether it was common for drainage pipes to be blocked by sand and gravels and whether the accumulation came from illegal dumping or loss of soil. - 12 - (vii) Mr YEUNG Hok-ming said that quite a few flooding incidents occurred at Connaught Road West and Chiu Kwong Street this year. He had conducted a site visit with the HyD, the DSD and the LCSD last year. These departments said that additional gully pits would be provided but they had yet to follow up the matter to date. He pointed out that accidents might happen as he had seen people opening covers of sewage pipes to divert stormwater. In view of this, he hoped the HyD could provide additional gully pits as soon as possible. Besides, the LCSD said that additional gully pits could be provided at the planters at Connaught Road West to facilitate diversion of stormwater into inner roads but the works had not yet commenced. He also noticed that the drainage pipes were blocked by sand and gravels and suggested the HyD arrange clearing work more frequently since the DSD had indicated that that was the responsibility of the HyD. Moreover, the West Island Line would be commissioned soon and the entrances/exits of MTR stations were also located in low-lying areas or adjacent to drainage facilities. As it would have great impact on residents should flooding occur, he hoped the department could resolve the problem thoroughly in the long run. (viii) Mr LI Po-ming considered that the DSD had a positive attitude towards flood prevention work. He supported Mr CHAN Choi-hi’s suggestion to request the department to submit report on drainage clearance in the Western District and Sai Ying Pun to the Committee. Moreover, he indicated that the Wanchai and Central & Western District Industries and Commerce Association had conducted a questionnaire survey on the effectiveness of the Sheung Wan Stormwater Pumping Station upon its completion. The survey targeted at shop operators affected by flooding and they generally considered the project effective. He suggested the department study the provision of storm tanks in the Western District and Sai Ying Pun. (ix) Mr YEUNG Ho-kei cited the drainage blockage and gushing on Hill Road as an example, indicating that he had seen workers of the DSD dredge a large amount of silt from it. He opined that the department should conduct in-depth study on the source of silt at the bottom of the pits. 31. Ms TSANG Wai-wah, Senior Engineer/Central and Western of the DSD, first introduced the division of work in the maintenance of the stormwater collection system among various departments. She pointed out that the FEHD was responsible for the clearing of gullies, the HyD was responsible for the repair and maintenance of drainage pipes between the gullies and the main drains as well as the configuration of gullies while the DSD was responsible for the repair and maintenance of the main drains. As for the suggestion of Members to provide storm tanks in other areas, she pointed out that the Hong Kong West Drainage Tunnel was in place at the Mid-levels which aimed to address the flooding problem at the downstream areas of Hong Kong Island. Moreover, the feasibility study for the review of the Drainage Master Plan in Northern Hong Kong Island had commenced. The status of the stormwater drainage system in Northern Hong Kong Island would be reviewed and optimisation measures would be formulated in the study. She pointed out that the amount of sand and gravels found was not particularly large when they cleared up the main drains. The department had liaised with the MTR Corporation Limited and was studying short term improvement measures for the entrances/exits of the MTR station on Hill Road. The department would inspect the drain section about every fortnight and would arrange clearing work when necessary. In general, the department would arrange clearing work once a month. - 13 - She pointed out that there was no evidence of people dumping silt into the stormwater collection system illegally for the time being. 32. Mr KWAN Tung-hoi, District Engineer/West of the HyD, said that the C&W District was an old district and its course of development had changed. Although the HyD had been reviewing the number of gullies at the carriageways in Hong Kong, no specific proposal had been worked out yet. The department would later provide specific information for reference of the C&WDC. He pointed out that since rubbish would flow to gullies with rainwater, the department had arranged regular clearing work for them. He would also follow up with relevant staff after the meeting on the problem posed by the gullies near “Jan Ji Mei”, a restaurant on Belcher’s Street, and at Belcher’s Street bus stop as mentioned by Mr CHAN Hok-fung. He said that the department would consider adding or relocating gullies at places where flooding often occurred. He told Mr IP Kwok-him that the FEHD would assist in gully clearing work. As for Mr YEUNG Hok-ming’s allegation that the department had undertaken to provide additional gullies at Connaught Road West and Chiu Kwong Street, he said that he would follow up on the issue with his colleagues after the meeting. In response to Mr YEUNG Ho-kei’s opinion that sand and silt had often been dug out from the manholes on Hill Road, he indicated that that was the work of the DSD. 33. The Chairman suggested that the HyD together with Members of the constituencies concerned find out the locations which required addition or replacement of gullies after the meeting. 34. Mr KWAN Tung-hoi of the HyD said that the suggestion would be passed to relevant colleagues for follow-up actions. 35. Mr LING Wing-cheong of the FEHD responded to Mr CHAN Chit-kwai’s opinion, indicating that the department would arrange officers to step up inspection and impose stiff penalty on the contractor who was confirmed to have discarded refuse. He supplemented that the contractor had been providing street cleansing service for the Western District for 16 months. The department had punished the contractor for several times and had cut the monthly fee due to its service problems, malpractices and negligence. He added that the performance record of a contractor would become a factor for consideration in future tenders for the department’s service contracts. Item 8: Request for an Explanation to be Provided by Prince Philip Dental Hospital Regarding the Water Contamination Occurred in Early 2014 (C&W FEHWC Paper No. 72/2014) (4:20 pm - 4:32 pm) 36. The Chairman invited Members to express their views and raise questions. main points of Members’ comments were as follows: (i) The Mr WONG Kin-shing enquired about the types of bacteria contained in the murky water samples collected from the Prince Philip Dental Hospital (the PPDH) after the incident. He asked whether the absence of affected patients was the reason not to disclosure the incident to the public. Furthermore, he pointed out that though the PPDH was managed by the PPDH Board of Governors (the Board), its service target was the public. As the PPDH had only given an explanation on the incident to its management committee without informing the public, he deemed the notification - 14 - mechanism deficient. He asked whether the PPDH could join the Hong Kong West Cluster (HKWC) and make use of its notification channels. (ii) Ms CHENG Lai-king said that the incident occurred in early 2014 but the laboratory test for drinking water samples was conducted by the WSD on 5 September 2014. She enquired whether the department could provide the drinking water samples collected in early 2014 and information on the frequency of sample collection. (iii) Mr CHAN Chit-kwai declared that he was a staff member of the University of Hong Kong (HKU). He agreed with Ms CHENG Lai-king that the department should make available the drinking water samples collected in early 2014. Mr CHAN Chit-kwai enquired about the preliminary investigation results of the incident and the handling method in future. He opined that the PPDH should face up to the problem. 37. Professor Thomas FLEMMIG, Acting Dean/Acting Director of the Faculty of Dentistry of the HKU/the PPDH, indicated that the HKU and the PPDH had attached great importance to hospital infection control over the years. A Task Force chaired by the Dean of the Faculty of Dentistry, who was also the Director of the PPDH, had been set up to investigate the incident and to ensure the health of patients. The report would be submitted to the Board upon its completion by the end of 2014. The PPDH would also carry out regular disinfection for all dental chairs and closely monitor the quality of the water supplied, and report on the matter to the Board. 38. Mrs Kenny WONG, Comptroller of the PPDH, said that the hospital had always strictly adhered to the dental chair cleansing procedures. After the water samples collected in early 2014 from two to three dental chairs were found to be murky, the PPDH had extracted water samples for laboratory test immediately. The results showed that the bacteria contained were common species and would pose no health threat to patients. Meanwhile, there were no reports of patients being affected. In fact, the hospital had strengthened cleansing procedures by which disinfection would be carried out more frequently and water quality assessment conducted regularly. She explained that the major purpose of the hospital was teaching instead of serving civil servants and the general public. She supplemented that the investigation report was expected to be completed by late November. At present, the water quality assessments carried out by the hospital for dental chairs showed that water quality was normal. Given that the PPDH was not a hospital under the Hospital Authority (HA) and no patient had been affected, the PPDH had not notified the public of the incident. She said that Mr WONG Kin-shing’s proposal to include the PPDH in the notification mechanism of the HKWC of the HA would be relayed to the Board. She indicated that if there was any future incident affecting patients’ health, the hospital would announce the details and alert the public. 39. Mr WONG Kin-shing enquired about the species of bacteria identified in the murky water samples. 40. Ms Kenny WONG said that they were only common bacterial species and would pose no health threat to patients. 41. The Chairman suggested that the hospital provide information on the species of bacteria in writing for Members’ reference after the meeting. - 15 - Item 9: Strong Concern over the Street Obstruction Caused by Materials Used for Partitioning of Sub-divided Units for One Week, and Reprimand for Improper Handling of the Irregularity by Government Departments (C&W DC Paper No. 73/2014) (4:32 pm - 5:19 pm) 42. The Chairman invited Members to express their views and raise questions. main points of Members’ comments were as follows: The (i) Mr WONG Kin-shing said that he had notified 1823 about the case on 22 August this year and it was referred to the BD for follow up actions. The BD replied on 27 August that it had to review the situation and would provide a response 30 days later. He enquired of the BD why it did not order the non-compliant parties to stop the unauthorised building works (UBWs) earlier after they were identified. He considered that the BD was inefficient in handling the complaints concerning UBWs. (ii) Mr CHEUNG Kwok-kwan said that the Efficiency Unit indicated that it had referred the case concerned to the LandsD on 22 August but the department said in its response that it only received the referred case from 1823 on 25 August. He enquired of the LandsD about the reason for not removing the construction materials after the complaint was received and waiting until 30 August. He wanted to know the details of how the department would follow up complaints. (iii) Mr CHAN Hok-fung said that the construction materials for sub-divided units had occupied two-thirds of the pavement but the departments had left them where they were and shirked responsibility to each other. He pointed out that the departments should not fuss over who was responsible; they should handle the construction materials obstructing the pavement first. He considered that the problem concerned should be reflected to the Secretaries of Departments. (iv) The Chairman supplemented that the complaint could only be handled on 25 August as 22 August was Friday and government departments had closed at 5:09 pm. He was disappointed that 1823, while providing 24-hour service, had to wait until the office hours of government departments before it could follow up on complaints. He pointed out that he had once spied shop front extension (SFE) cases at night and called 1823. The FEHD also responded a few days later, saying that no SFE problem was found during daytime and there was no manpower for conducting inspection at night after office hours. He pointed out that the department should conduct a review on this. 43. Mr YEUNG Hok-ming said that the Police had deployed staff to conduct site inspections every day since 22 August and locations which posed danger to public safety were enclosed. However, as the Police could not remove the obstacles, it still had to wait for the relevant departments to take follow up actions. He said his colleague had called 1823 on 22 August, reporting that construction materials were found dumped on the street. At that time, the staff of 1823 said that the case would be referred to the FEHD. However, he changed tack later, saying that the case should be followed up by the LandsD because the construction materials were dumped on the pavement. As he worried that the LandsD was inefficient in taking follow up actions, he called 1823 on 23 August again to request the FEHD to follow up. He received a call from the FEHD thereafter, saying that the case should be handled by the - 16 - HyD as construction materials were involved while the HyD subsequently said that the LandsD should be responsible. The LandsD received the complaint not until 25 August. He also phoned Kempis LAM, Senior Estate Surveyor/Central of the LandsD on the same day but failed to reach him. However, he pointed out that the department had responded swiftly after he phoned the C&WDO on 28 August to request it to contact the District Lands Office, Hong Kong West and South (DLO). He hoped the departments would not mind their own business only and the FEHD could explain why it said no complaint was received in its response. (Post-meeting note: According to the record of the DLO, Mr Kempis LAM of the DLO was on leave in the afternoon of 25 August. In fact, the DLO had received the complaint concerned referred by 1823 via the LandsD in the morning of 25 August and had taken land control action on 28 August.) 44. Mr YUK Wai-fung, Project Adviser of the Efficiency Unit, apologised for Members’ unpleasant experience in using the service of 1823 and the misunderstanding caused by his colleagues owing to the unclear account given during the phone conversation. Mr YUK Wai-fung said that member of the public who phoned on 22 August requested the FEHD to take follow up actions. However, it was inappropriate for the staff of 1823 handling the call to say that the call would be referred to the FEHD. The Efficiency Unit had all along had stringent requirement in place that the nature of the case should be made clear before it could be referred to relevant departments. As the case involved dumping of construction materials on the pedestrian road, it should be followed up by the LandsD. Thus the Efficiency Unit did not refer the case to the FEHD but handed it over to the LandsD on 22 August instead. As for the call from Mr YEUNG received on 23 August, the staff of 1823 had mistaken construction materials as construction wastes due to negligence. As the removal of construction wastes at public places fell within the purview of the HyD, the case was referred to the staff of 1823 who handled calls for the HyD. When staff of 1823 later learnt that it was construction materials that were obstructing the pavement, the case was referred to the LandsD immediately. He apologised for misleading Councillors and Members into believing that departments shirked responsibilities to each other due to miscommunication of staff. He pointed out that all the four telephone complaints concerning the case had been referred to the LandsD whereas the four telephone enquiries concerning UBWs had been referred to the BD for follow up actions. Thus the allegation that departments shirked responsibilities to each other was unfounded. The department had conducted a review on the incident and would step up training for staff. He also apologised to the departments affected. 45. The Chairman asked the LandsD why it the removal work of construction materials concerned was handed over to the HyD. 46. Mr Alex KWOK, Senior Estate Surveyor/LC & LE (DLO/Hong Kong East, West & South) of the LandsD, said that 1823 had referred the case to the LandsD by email on 22 August. And the LandsD had subsequently referred it to the DLO for follow up actions by email in the morning of 25 August. The department had then told 1823 that the DLO would follow up on the case concerned on 27 August. Departmental staff was also deployed to inspect the site within 3 days (i.e. 28 August) according to the departmental guidelines and construction materials were found dumped on public pavement. On the same day the department had posted notice to request the owner to remove the construction materials concerned before 30 August 2014 according to the Lands (Miscellaneous Provisions) - 17 - Ordinance (Cap. 28). At the same time, the department had also contacted the HyD to request its assistance in removing the construction materials still dumped on the public pavement after the end of the notice period. In response to the Chairman’s question, he said that the department had followed the general guidelines on the division of work for frontline staff in its request for the HyD’s assistance in removing construction materials still dumped on the pavement after the end of the notice period. 47. The Chairman said that it was unacceptable for the DLO to handle the case in such an inefficient way and that the department should face squarely the problem of frequent street obstruction by construction materials. He enquired of the HyD whether the department would take immediate action should the complainant report that there were construction wastes obstructing the street. Besides, he also wanted to know the progress of the BD in handling UBWs complaints. 48. Mr KWAN Tung-hoi, District Engineer/West of the HyD, said that the department had no statutory power to remove articles on the road. They only assisted in the removal of obstacles at the notice of the DLO. 49. Mr CHENG Chi-lung, Structural Engineer/MBI1-D5 of the BD, said that the department received a complaint referred by 1823 concerning UBWs in progress on 25 August. As the case fell within the category requiring the most urgent action, the department had to deploy consultant to conduct onsite investigation and review within 48 hours and make a reply within 30 days according to its service guidelines. As for the case on No. 8 Water Street, the BD had commissioned a consultant to follow up immediately. A site inspection and investigation had been conducted by the consultant and an advisory letter displayed on 27 August. As the department had received several relevant complaints, it had also deployed staff to conduct site inspection on 29 August. Construction materials were found during the inspection but no UBWs were observed. They thus issued an advisory letter to the owner concerned. Moreover, BD staff had also inspected the premises below and no structural danger was observed. 50. Mr TSE Ying-kit, Station Commander of the Kennedy Town Fire Station of the FSD, said that a complaint was received at 10:41 am on 26 August that articles were found obstructing the entrance/exit at No. 8 Water Street. A site inspection was carried out by FSD officers at 2:10 pm on the same day during which construction materials were found on the street. However, the case did not violate the Fire Services Ordinance since those materials had not blocked the entrance/exit of any building. A similar complaint was received at 3:59 pm on the same day and another site inspection was conducted by FSD officers at 5:13 pm on the same day. The situation remained unchanged and therefore the FSD referred the case to the LandsD for follow up actions. It also tried to contact the Police for assistance in locating the owner. 51. Mr LING Wing-cheong of the FEHD said that the department would remain vigilant about the incident concerned. 52. The Chairman invited Members to express their views and raise questions. main points of Members’ comments were as follows: (i) The Mr YEUNG Hok-ming said that the incident was followed up immediately thanks to the efforts of the HyD but he worried whether the HyD would wait for a few days - 18 - after it received instruction from the DLO before taking action in the future. He pointed out that cracks were found in the sub-divided units and worried that danger might arise. He said that the BD had to face the problem squarely. (ii) Mr WONG Kin-shing enquired of the BD whether it would not send staff to conduct site inspection if only one complaint was received. Moreover, he pointed out that it was too long for the department to take 30 days to make a reply. He considered that actions should be taken immediately if the consultant found out any UBWs during site inspections. He said that the department had taken immediate actions against UBWs during site inspections before and asked why it did not take actions this time. He enquired about the criteria for taking the actions concerned. (iii) Mr CHAN Chit-kwai enquired why the Efficiency Unit referred the complaint to the LandsD on 25 August despite the fact that it was received on 22 August. He also wanted to know why the DLO deployed staff to conduct site inspection on 28 August while the complaint was received on 25 August. He pointed out that the DC and 1823 had worked closely in the last 10 years and many complaints in the district were resolved with the assistance of 1823. He hoped the department could arrange a visit to the 1823 service centre for DC Members when appropriate. (iv) The Chairman said that the construction materials dumped outside residential buildings had occupied the whole pavement, with less than one metre in width was left for use of pedestrians. He pointed out that the department should not tolerate the situation and take action until the end of the month. This was not an isolated case as bamboo poles were often placed in the district. He considered that the department face the problem squarely. 53. Mr Alex KWOK believed that the relevant departments could take actions in accordance with relevant legislation if the construction materials placed on the street had caused serious obstruction and pose danger to pedestrians. If the construction materials did not cause serious obstruction or pose danger to pedestrians, 1823 would refer the case to the LandsD for handling. According to the law, the department had to give a notice of at least 24 hours for the relevant parties to remove the construction materials. In response to Mr CHAN Chit-kwai’s enquiry, he pointed out that the LandsD received the case referred by 1823 on 22 August and passed it to the DLO for handling on 25 August. He said that a site visit was arranged on 28 August according to the internal guidelines of the department. He believed that there might be room for improvement in case handling and staff of the department would do their best despite resource constraints. 54. Mr YUK Wai-fung said that the training contents would be reviewed from time to time and welcomed DC Members to visit 1823 call centre. 55. Mr CHAN Wai-tai, Senior Structural Engineer/MBI 1-D of the BD, responded that the follow-up actions taken by the department had nothing to do with the number of complaints received. Moreover, he pointed out that his colleagues did not spy any construction works in progress during the site inspection or else they would stop it at once. 56. Mr CHAN Choi-hi said that the Efficiency Unit should conduct a review on this and there was also room for improvement for the DLO. It was unacceptable for the DLO to carry out site inspection three days after a complaint was received. He suggested the department use this case for future training purpose. He also proposed to refer this to the - 19 - Ombudsman and the Audit Commission for them to review whether the Efficiency Unit was worth its salt. 57. The Chairman suggested forwarding the confirmed minutes to the Director of Lands for his information of Members’ views. Item 10: Concern over the Planning Application to Rezone the Site at No. 1-7, Tak Sing Lane, Sai Ying Pun (C&W DC Paper No. 74/2014) (5:19 pm - 5:35 pm) 58. The Chairman said that the Town Planning Board (TPB) would consider the planning application to rezone the site at No. 1-7, Tak Sing Lane, Sai Ying Pun in November this year. Since the consultation period of the TPB had ended, he could only entrust Members who would attend TPB meetings to relay the Members’ views. He pointed out that as the Owners’ Corporations (OCs) and residents in the vicinity were concerned with the application, he submitted the paper for information of departments and Members so that they could express their views. 59. The Chairman said that before the meeting he had received a letter from the CSBO Association in which it requested to speak at the meeting. The Chairman agreed to allow the chairman of the CSBO Association to make supplement for three minutes before inviting discussion for the paper. 60. Mr NG Pak-ming, Chairman of the CSBO Association, said that many residents in the vicinity recently reflected their worries about the impact of the rezoning of the site at No. 1-7, Tak Sing Lane on surrounding environment, air quality and privacy. Some residents indicated that there was not much space left at Centre Street at present and worried that the proposed pencil building would affect future living environment and fire escapes. He suggested the PlanD reflect to the TPB the views of nearby residents. 61. The Chairman invited Members to express their views and raise questions. main points of Members’ comments were as follows: The (i) Mr KAM Nai-wai objected to the rezoning of the site from open space to residential use. He pointed out that the DC had discussed TPB applications after the consultation period and submitted the minutes for the TPB’s perusal before. He suggested the Committee write to the TPB to reflect Members’ views. He enquired for the details of the conditional approval given to the planning application of a proposed restaurant on the ground floor at No. 1-7, Tak Sing Lane on 23 May 2014 mentioned in the response of the PlanD. (ii) Ms CHENG Lai-king enquired for the information of the applicant of the rezoning application and the current owner of the site at No. 1-7, Tak Sing Lane. Data showed that there was no carriageway at that site and she enquired whether the proposed construction of a 25-storey building conformed to fire safety specifications. She wondered whether the Government would sell the site, if it was Government-owned, and the amount of profits or land premium it would get should the relevant lot be rezoned as “Residential (Group A) 23”. She suggested writing to the Secretary for Development and the Chief Executive to reflect their discontent - 20 - with the Government in rezoning the open space for residential use. (iii) Mr HUI Chi-fung objected to the rezoning application, pointing out that it was a sensitive issue to rezone open space for other uses. The Council and residents would surely support the plan should compensation be provided or such change be beneficial to the community. He said that some OCs had reflected to him that the proposed pencil building would result in overcrowding of buildings. He considered the application would do no good to the community and thus he objected to the application concerned. (iv) Mr YEUNG Hok-ming said that he had conducted a questionnaire survey and the respondents had unanimously objected to the application. He said that he had submitted a petition letter before the TPB meeting and the letter would be tabled for members’ perusal. He suggested relaying the views of this meeting and the objection of the DC to the PlanD on the rezoning of the open space for residential use. (v) The Chairman had consulted the views of OCs in the vicinity and received many objections, not least the OC of Yue Sun Mansion. Yue Sun Mansion also proffered a letter for him to read out. The contents were as below: they had sent out 160 questionnaires in which 53% were returned. All the 60 questionnaires returned objected to the rezoning application and the views were mainly in four aspects: (1) the impact of high-density buildings on air quality and lighting, and the blockage of fire escapes was unacceptable; (2) high population density would lead to pollution and law and order problems; (3) privacy would be affected should buildings be too close and the proposed building and Yue Sun Mansion were so close as if there was no space left between the two buildings; and (4) the area of open space in the district could not be reduced. The Chairman said that he agreed with the views of Members and suggested the Secretariat forward the draft minutes to the TPB for perusal before its meeting on 28 November 2014. 62. Ms HO Wai-hung, Senior Town Planner/HK 4 of the PlanD, explained that according to the Town Planning Ordinance, anyone could submit an application for amendment of plan. The application concerned was submitted by some land owners to the TPB for rezoning purpose. Built in 1950s, the seven three-storey private residential buildings on the lot had predated the gazettal of the first Sai Ying Pun and Sheung Wan Outline Zoning Plan (OZP). The site concerned was zoned as “open space” in the first OZP but had yet to be implemented. In response to Mr KAM Nai-wai’s enquiry about the application for restaurant use, she said that the planning application concerned was also submitted by existing land owners. She explained that application to and approval from the TPB was required before a site within an “open space” zone could be used for restaurant purpose. The applicant had submitted a planning application in April 2014 which was approved by the TPB in May. As for the enquiry of Ms CHENG Lai-king on the land premium, it inappropriate for her to answer as the matter fell within the purview of the LandsD. Although the consultation period for the application concerned had ended, she welcomed the Committee to forward the minutes to TPB members for perusal. Item 11: Serious Problem of Dog Fouling Causing Overpowering Stench at Mid-levels West (C&W FEHWC Paper No. 75/2014) - 21 - (5:35 pm - 5:42 pm) 63. Mr CHAN Chit-kwai remarked that there was a need to supervise the contractors given that 22 default notices had been issued by the department within a year. Besides, he also enquired about the amount deducted from the monthly payment to the relevant contractors. He proposed stiffening penalties against inconsiderate dog owners and identifying them by means of the microchip implanted into their dogs. He suggested that the C&WDC pass the proposal to the Agriculture, Fisheries and Conservation Department for consideration. 64. The Chairman invited Members to express their views and raise questions. The main points of Members’ comments were as follows: (i) Mr YEUNG Hok-ming relayed that the rampant problem of dog fouling did not only affect the Mid-levels West but the entire C&W District. For example, dog fouls were found at Third Street, South Lane and the footbridge leading to the Sun Yat Sen Memorial Park. He suggested that the FEHD arrange staff to institute prosecution at night and at South Lane in the morning. He hoped that the department would step up cleansing and prosecution efforts. (ii) The Chairman supplemented that dog fouling problem in the vicinity of Sheung Fung Lane and the section of Eastern Street near Bonham Road was also very severe. In fact the C&WDC had discussed similar papers once or twice a year during these years. He hoped that the department would make its best effort to mitigate the problem. 65. Mr LING Wing-cheong of the FEHD said that he attached great importance to Members’ opinions, explaining that 22 default notices had been issued to the service contractors concerned and amounts of approximately $700 to $3,000 had been deducted for each case from the monthly payment, depending on the level of seriousness. For example, while lesser penalty would be imposed for cases involving staff smoking when providing service or other irregularities, heavier penalty would be in order for improper treatment of refuse. The department would proactively follow up the locations named by Members and step up cleansing and prosecution efforts. 66. Mr CHAN Chit-kwai suggested that the FEHD enhance publicity and public education by displaying eye-catching posters and changing promotional banners more frequently. He also hoped that the department would pass on the message about pressing charges on inconsiderate dog owners by means of the microchips implanted into their dogs. Besides, the department should also consider increasing the amount of penalty to produce stronger deterrent effect. He suggested that contractors be required to clean the streets with clean water every day or every two days. 67. Mr LING Wing-cheong said that the measures suggested by Mr CHAN Chit-kwai would be adopted. 68. Mr YIP Wing-shing added that the black spots of dog fouling in the district included a section of escalator at Sands Street near Ching Lin Terrace and Tower 3 of the Belcher’s near Pok Fu Lam. A letter would be written to the FEHD later. - 22 - Item 12: Request for Dismantling the Railings Recently Installed at the Civic Square Outside the New Central Government Complex to Safeguard the Freedom of Public Meeting and Demonstration of the Public (C&W FEHWC Paper No. 76/2014) (5:42 pm - 6:12 pm) 69. Mr HUI Chi-fung supplemented the contents of the paper, pointing out that although the design of the new Central Government Complex (CGO) had adopted the concept of “Door Always Open”, additional security railings had been installed before the Occupy Central movement had commenced. He indicated that at a Legislative Council (LegCo) meeting in 2011, the Government had promised to open the East Wing Forecourt (Forecourt) to the public 24 hours a day. However, it broke the promise by imposing restrictions on the opening hours and closing the Forecourt without any explanation. He indicated that the restrictions would inconvenience the general public who had to handle livelihood issues at the East Wing of the CGO. At the same time, he also pointed out that in the past the Government would consult the C&WDC for any additions to the buildings in the C&W District. However, the relevant departments had not consulted the LegCo before installing additional security railings this time. Only after the media had reported about it had the Government responded to the matter. He hoped that the department would give an account on the consultation process. 70. Mr Tony SUEN, Chief Executive Officer (Common Services) of the Administration Wing of the Chief Secretary for Administration’s Office, said that they had sought clarity from the PlanD and the Department of Justice that the Forecourt was government property instead of public open space. As the land allocatee was the Director of Administration, the Administration Wing had the legal right and responsibility to maintain the normal operation of the Forecourt. The Director of Administration could also impose temporary access control in response to security needs and urgent situation. For example, if additional railings had not been installed, the normal operation of the Legco would have been seriously affected with protesters storming into the Forecourt on 26 September. Moreover, he indicated that since the CGO and Chief Executive’s Office were the offices of principal officials including secretaries of various bureaus, it was necessary to strengthen the security facilities. The Administration Wing would review the security arrangement from time to time, and the results suggested that there was a need for strengthening the facilities along the periphery of the buildings, including the erection of a fence to boost the overall security and bring the security facilities at the East Wing on par with those at the West Wing. In response to Mr HUI Chi-fung’s enquiry, Mr Tony SUEN explained that the security arrangement for the CGO were the Government’s internal affairs. The Forecourt of the East Wing was only closed from 11:00 pm to 6:00 am daily. However, LegCo Members and other personnel holding a valid staff/media permit issued by the LegCo or CGO would be allowed access as usual. Moreover, the public could still apply for holding public meetings/processions on Sundays and public holidays from 10:00 am to 6:30 pm at the Forecourt. Given that the above minor adjustments had little impact on the public and that they were internal affairs only, the Government considered it unnecessary to conduct public consultation especially for this. Nevertheless, the Administration Wing had written to the LegCo and notified the public through press release on the day when the additional railings were installed. 71. The Chairman invited Members to express their views and raise questions. The main points of Members’ comments were as follows: - 23 - (i) Mr WONG Kin-shing pointed out that if the Government had not erected the railings, the public would not have stormed the Forecourt. Without any consultation, the Government had erected railings at and restricted public access for the Forecourt, a place for public meetings and demonstrations. Its action had hastened the Occupy Central movement. He pointed out that railings were erected around government offices after the reunification of Hong Kong, which looked more like “bird cages” now. He asked the department why railings were erected outside the Forecourt instead of their own office to prevent demonstrators from bursting into it. He said that this would thwart the public’s efforts to approach government officials to express their views. (ii) Mr HUI Chi-fung considered that the department’s response was absolutely ridiculous. He opposed to the department’s backpedalling on its promise of opening the Forecourt and conducting the fencing works without consulting the DC. He said that the PlanD had consulted the DC on the rezoning of the Central harbourfront for military use, although it involved national affairs. He pointed out that the works did not follow the usual practice of the DC. In view of this, he asked whether the Government would not consult the DC on future additional building works. (iii) Ms CHENG Lai-king said that it was stated in the PlanD’s response that the Forecourt formed part of the CGO and the Director of Administration was responsible for its management. However, there were also papers indicating that the area was a public space. In view of this, she asked the PlanD whether the public should be refused entry there. She said that the new CGO aimed to serve the public and its door should always open. She hoped that the motion set out in the paper could be passed. (iv) Mr CHAN Chit-kwai said that it was understandable for the Forecourt to close from 11 pm to 6 am daily on grounds of security. He said that members of the public could still apply and obtain approval for holding public meetings as long as the department did not change its original practice. Furthermore, he considered that there was a need to enhance the security of the CGO. (v) Mr CHAN Hok-fung said that the Forecourt was formerly designed as a parking bay for picking up/dropping off passengers. It was not a piazza area. He pointed out that a lot of confidential documents were kept at the CGO. He worried that if some radical demonstrators stormed the CGO, the internal operations of the Government would be affected. He pointed out that it was the demonstrators, not the railings of the Forecourt, who had stood in the way of people who needed to visit the CGO. (vi) Ms CHENG Lai-king said what she had just referred to was the opening of the Forecourt instead of the Chief Executive’s Office. (vii) Mr WONG Kin-shing agreed that the security should be enhanced and proposed to add a steel gate or steel door at the CGO. However, he opined that space should be reserved for members of the public. 72. Mr Raymond YUEN, Senior Executive Officer (Common Services) 1 of the Administration Wing of the Chief Secretary for Administration’s Office, explained the - 24 - original intent underlying the design of the Forecourt. He pointed out that the Forecourt was not a public open space. Forming part of the CGO, it was an open area comprising a vehicular driveway, a flagstaff platform and two connected pedestrian walkways. It was used primarily as vehicular access for the CGO and a pick up/drop off point for passengers. Therefore, it was not open to the public for staging demonstrations and petitions during working days. The Forecourt also served as a pedestrian passageway, which connected the elevated walkway linking the Admiralty Centre and the CITIC Tower on the podium level, for members of the public visiting the CGO and the adjacent LegCo Complex. Members of the public could use the escalator to reach the Forecourt and then go to the LegCo Complex. He pointed out that the Government had balanced the freedom of expression and the right of peaceful assembly by allowing public meetings/processions be organised at the Forecourt on Sundays and public holidays after the commissioning of the new CGO in 2011. Over the past three years, the department had approved more than 130 applications, which involved more than 90 Sundays and public holidays. He said that the practice was similar to that of the old CGO and there was no significant difference before and after the erection of the security railings. The arrangement was also generally in line with what the Administration Wing had stated in the LegCo House Committee and the LegCo Commission in 2011 that the access to the CGO and the LegCo would be open 24 hours a day in principle. With the security railings in place, the Forecourt was closed from 11 pm to 6 am daily. However, LegCo Members and other personnel holding a valid staff/media permit issued the CGO or LegCo would still be allowed access as usual. The minor adjustment of the access arrangement had been made taking into account the security needs and the fact that very few members of the public would need to visit the CGO or LegCo late at night. The impact to the public would be minimal. During the closing period of the Forecourt, members of the public might still use other alternative routes to access the LegCo Complex, for example via the Tamar Park, or the escalators or elevators connecting the elevated walkway to Harcourt Road and Tim Mei Avenue. In light of this, the Administration Wing had not breached its promise. The Forecourt was only temporarily closed at present based on security concerns. 73. Mr HUI Chi-fung asked whether the department had breached its promise that the access to the CGO and the LegCo would be open 24 hours a day in principle by adjusting the opening hours to 6:00 am to 11:00 pm daily. 74. Mr Raymond YUEN said that only minor adjustments had been made on the current arrangement and it was still generally in line with what the Administration Wing had stated in the LegCo House Committee and the LegCo Commission in 2011 that the access to the CGO and the LegCo would be open 24 hours a day for use of LegCo Members and the public. 75. After voting, the below motion proposed by Mr HUI Chi-fung and Ms CHENG Lai-king was negatived. Motion: “The C&WDC opined that the installation works of additional railings at Civic Square outside the Central Government Complex and measures restricting the people’s right of holding public meeting at the above site would cause obstruction to public procession and demonstration there. As a result, the freedom of expression and demonstration of the public would be violated. Therefore, the C&WDC requested the Government to: 1. 2. dismantle the railings recently installed at Civic Square remove the time restriction of using Civic Square by the public - 25 - 3. reopen the access to Civic Square for use by the public 24 hours a day.” (5 Members voted for the motion: Mr KAM Nai-wai (authorised Mr WONG kin-shing to vote on his behalf), Ms CHENG Lai-king, Mr HUI Chi-fung, Mr WONG Kin-shing and Ms Bonnie NG) (18 Members voted against the motion: Mr Sidney LEE, Dr Malcolm LAM (authorised Mr CHAN Chit-kwai to vote on his behalf), Mr YIP Wing-shing, Mr CHAN Hok-fung, Mr IP Kwok-him (authourised Mr CHAN Hok-fung to vote on his behalf), Mr CHAN Chit-kwai, Mr CHAN Choi-hi, Mr MAN Chi-wah, Miss LO Yee-hang (authorised Mr CHAN Hok-fung to vote on her behalf), Miss SIU Ka-yi, Mr Thomas NG (authorised Mr YIP Wing-shing to vote on his behalf), Mr Jackie CHEUNG, Mr CHEUNG Kwok-kwan (authorised Mr CHAN Hok-fung to vote on his behalf), Mr Joseph CHAN (authorised Mr CHAN Choi-hi to vote on his behalf), Mr LI Po-ming, Mr LUI Hung-pan, Mr YEUNG Ho-kei and Mr YEUNG Hok-ming) (0 Member abstained from the voting) 76. The Chairman said that the draft minutes of this meeting would be send to the PlanD for a written response. Item 13: Poor Environmental Hygiene of the Public Latrine for Male on Robinson Road (C&W FEHWC Paper No.81/2014) (6:12 pm - 6:15 pm) 77. Ms CHENG Lai-king said that the public latrine for male on Robinson Road was mainly used by taxi drivers and the environmental hygiene there was poor. She suggested that the department should step up cleansing efforts and remove the odour. She also proposed relocating the latrine and asked for the department’s views on the sites for relocation. 78. Mr LING Wing-cheong of the FEHD said that the department would step up cleansing efforts at the public latrine for male on Robinson Road. Meanwhile, it would also urge the cleansing contractors to provide sufficient air fresheners in the latrine. Although the FEHD had no existing plan to relocate the latrine, the ArchSD would conduct minor repair works for it in December 2014 for improvement. Item 14: Bad smell problems with the drains in Belcher Bay (C&W FEHWC Paper No.78/2014) (6:15 pm - 6:16 pm) 79. The Chairman asked Members to note the contents of the paper. Item 15: Action Checklist of the Matters Arising from the Fourth Meeting of FEHWC (C&W FEHWC Paper No.79/2014) (6:16 pm - 6:17 pm) 80. The Chairman asked Members to note the contents of the paper. - 26 - Item 16: (6:17 pm) 81. Any Other Business No other business was raised by Members. Item 17: (6:17 pm) Date of the Next Meeting 82. The Chairman said that the 6th FEHWC meeting would be held on 15 January 2015. The paper submission deadline for government departments would be 23 December 2014, while the deadline for Members would be 31 December 2014. The Chairman thanked Members, government representatives and guests for attending the meeting and announced that there was no other business. The meeting was adjourned at 6:17 pm. The minutes were confirmed on 15 January 2015 Chairman: Mr Sidney LEE Secretary: Miss Angel YIP Central and Western District Council Secretariat January 2015 - 27 -