FRIDAY, JUNE 20, 1986
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BILL TO CLOSE LOOPHOLES IN SMALL HOUSE LAWS
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THE GOVERNOR IN COUNCIL HAS APPROVED MEASURES DESIGNED TO CLOSE LOOPHOLES IN LAWS EXEMPTING NEW TERRITORIES INDIGENOUS VILLAGERS FROM CERTAIN PROVISIONS OF THE BUILDINGS ORDINANCE.
THE NEW MEASURES, FORMING THE BUILDINGS ORDINANCE (APPLICATION TO THE NEW TERRITORIES) BILL 1986, WILL NOW BE INTRODUCED INTO THE LEGISLATIVE COUNCIL.
IF PASSED, THE BILL WILL REPLACE THE BUILDINGS ORDINANCE (APPLICATION TO THE NEW TERRITORIES) ORDINANCE, INTRODUCED 25 YEARS AGO, WHICH ALLOWS VILLAGERS TO BUILD, ONCE IN A LIFETIME A SMALL HOUSE WITHOUT COMPLYING WITH SOME BUILDINGS ORDINANCE REQUIREMENTS.
IT HAS BEEN FOUND THAT DEFECTS AND LOOPHOLES IN THE 1961 ORDINANCE HAVE RESULTED IN SEVERAL TYPES OF BUILDINGS BEING ERECTED BY NON-INDIGENOUS VILLAGERS UNDER THE EXEMPTION.
IT HAS ALSO CAUSED CONFUSION OVER WHICH BUILDINGS ARE EXEMPT AND THIS HAS SOMETIMES LED TO LITIGATION.
THE WORDING OF THE OLD ORDINANCE ALSO MAKES SITE FORMATION AND DRAINAGE WORKS FOR SMALL HOUSES EXEMPT, ALTHOUGH THIS WAS NEVER INTENDED.
IN ADDITION, DOUBT OVER VARIOUS TERMS HAS MADE INTERPRETATION DIFFICULT.
THE NEW LEGISLATION WILL SPECIFY EXEMPTIONS FROM THE BUILDINGS ORDINANCE SO THAT THEY APPLY TO INDIGENOUS VILLAGERS BUILDING HOUSES UNDER THE SMALL HOUSE POLICY.
IT WILL ALSO ENSURE THAT VILLAGERS COMPLY WITH PROCEDURES NECESSARY TO ENSURE PUBLIC HEALTH AND SAFETY.
BESIDES VILLAGE HOUSES, COMMUNITY BUILDINGS, SMALL AGRICULTURAL BUILDINGS AND SMALL DOMESTIC STRUCTURES BUILT UNDER THE TEMPORARY STRUCTURES POLICY WILL CONTINUE TO ENJOY EXEMPTION.
THE NEW ORDINANCE WAS DRAWN UP AFTER CONSULTATION WITH THE HEUNG YEE KUK.
THE KUK SUGGESTED THE PERMITTED HEIGHT OF SMALL HOUSES BE INCREASED FROM 7.62 METRES (25 FEET) TO 8.23 METRES (27 FEET) TO ENABLE THREE-STOREY HOUSES TO BE BUILT WITH REASONABLE CEILING HEIGHT AND VENTILATION AND THIS WAS AGREED.
DETAILS OF THE PROPOSED BILL WERE PUBLISHED IN THE GAZETTE TODAY (FRIDAY).
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