APPENDIX XIV
Summaries of Typical Complaints Cases Handled by UMELCO Office
I.
Complaints/Appeals
Successful
Maintenance of Access Road for Residents of Yau Kam Tau, Tsuen Wan (C 3839/83)
A resident at Yau Kam Tau, Tsuen Wan complained to UMELCO about the problems faced by residents in the area. He stated that there was a large construction site near the building for the construction of a tunnel and treatment works by the Water Supplies Department. The only access road to their building was being used by heavy construction vehicles. The
access road was regarded by the
Water Supplies Department as a private waterworks access road for the maintenance of waterworks installations. Because of this, under departmental policy, the Department was not bound to maintain the road up to highways standard. As time went by and because of use by heavy construction vehicles, the condition of the access road had gradually deteriorated. In addition, since the access road was regarded as a private waterworks access road, the police were unable to take action against vehicles illegally parked there.
The matter was taken up with the Government departments concerned. Subsequent advice obtained by the Director of Water Supplies was that the access road in question should not be regarded as a private waterworks access road. The reason for this was that under the conditions of the grant, the Water Supplies Department was required to provide access to the site for members of the public. With this clarification, the Water Supplies Department took necessary action to effect improvement to the access road. The police too were able to take enforcement action against illegally parked vehicles. The complainant later reported that the residents were satisfied with the outcome of their
complaint and thanked UMELCO for their assistance.
Appeal for Animal Trading Licence (C 1935/84)
A pet bird trader appealed to UMELCO for the issuance of an animal trading licence to carry on his pet bird business. He stated that his application was refused by the Director of Agriculture and Fisheries due to the objections of the Director of Lands on the ground that his shop was an illegal structure. The appellant was aggrieved that while similar licences had been issued to illegal structures in his neighbourhood, his application was rejected.
The case was taken up with the Director of Agriculture and Fisheries who confirmed the objections of the Director of Lands. He also advised that since 1982, animal trading licences had not been issued to people operating in illegal structures although licences formerly granted would continue to be renewed.
The Director of Agriculture and Fisheries subsequently sought advice from the Attorney General's Chambers. The legal opinion was that when considering an application for an animal trading licence, the Director of Agriculture and Fisheries should only consider the specific terms of the Public Health (Animals and Birds) (Animal Traders) Regulations, Cap. 139 and matters directly relevant to the suitability or otherwise of the premises for the purpose for which the licence was sought. The fact that the premises in question were illegal was only relevant if the structure was going to be cleared within the license period thus raising the question of the proper disposal of the animals or birds concerned.
In the light of this legal advice, the Director of Agriculture and Fisheries processed the application and approved it.
Appeal for Compensation (C 1976/84)
A duck breeder in the New Territories complained to UMELCO that since April 1984 a large quantity of silt had been washed into his ponds from a nearby construction site. The result was that silt had filled up his three small ponds and one fifth of his large pond. He had complained to the District Lands Office (North). Indeed, the contractor had agreed to take necessary measures to prevent further silt from being washed downhill and to remove the silt from the smaller ponds. However, the complainant was aggrieved that the contractor had failed to take the agreed action. Silt had once again accumulated in his ponds in August 1984.
The case was taken up with the District Lands Officer (North). A meeting was held, attended by the District Lands Officer, the Project Manager, NT and the consultant engineer concerned. In the meantime, the Director of Agriculture and Fisheries assessed the amount of compensation payable to the complainant. The contractor eventually agreed to pay
compensation amounting to about $200,000, which included the cost for desilting the ponds by the complainant.
Complaint about Lack of Proper Sewerage and Street Lighting (C 2306/84)
A resident of Sheung Shui complained to UMELCO about the lack of proper sewerage along a section of a road in Tsui Keng Village, Sheung Shui, which caused the accumulation of foul water along the road and posed a health nuisance. He also stated that the road in question was in need of adequate street lighting.
The matter was taken up with the Director of the then New Territories Services Department and the District Officer (North). After investigating the
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