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Breaches of lease conditions
Written answers to questions
Written Reply by Mr. C.R. Saunders, JP, Secretary
for Lands and Works, to question by Hon./POON Chi-fai at Legislative Council on 15 June 1988
Question:
9. MR. POON CHI-FAI asked:
Will Government inform this Council what measures it will take when a property owner breaches Crown lease conditions; how does Government ensure that such measures are equitable to the property owners?
SECRETARY FOR LANDS AND WORKS :
Sir,
Government takes lease enforcement measures on
breaches of lease conditions in order to prevent improper use of private land and buildings, and to support objectives for environmental improvement. There is a small lease enforcement team in every District Lands office of the Buildings and Lands Department. District Lands officers work to priorities which are aimed at ensuring that the worst offenders are dealt with first. The top priorities are industrial undertakings in residential or non-industrial buildings, particularly those undertakings which are dangerous or obnoxious.
When a breach of conditions is discovered, the owner is given notice that the District Lands officer has become aware of such a breach, and a first warning letter is then sent identifying the breach and giving the owner one month to remedy the position. If the breach is sufficiently serious to need more than one month's work to remedy it, then an extension of time will be given, subject to the payment of forbearance fees, to enable the owner to take remedial action. It is only if an owner ignores the warning letters and takes no remedial action that the Buildings and Lands Department will invoke the ultimate sanction of re-entry. Re-entry is therefore only taken as a last resort if all other avenues have been exhausted.
If a breach of conditions occurs, this is
usually a matter of fact. But in cases of doubt, legal advice is sought before lease enforcemrent action is
initiated. It should be stressed that the lease enforcement actions described above are carried out fairly, professionally, and in accordance with
well-defined procedures.
Page 240Page 241
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