(c)
(d)
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The Land Registration Ordinance obliges the Land Registry to register any document which affect or appears to affect land. Where a transaction affects a piece of land or an undivided share in the land. therefore, this is registered, whether or not a structure, legal or illegal, is involved. Registration of a land transaction does not make an illegal structure legal.
Similarly, the Commissioner of Rating & Valuation does not count the number of illegal rooftop structures which have been assessed to rates. Rates are a tax on the occupation of tenements. Under the Rating Ordinance, a property which can be separately occupied is liable for assessment to rates and its occupants are required to contribute their share of the rates. Whether a structure is legal under the Buildings Ordinance is not relevant; and payment of rates does not bestow legality on it.
Rehousing assistance is offered to the occupants prior to the demolition of unauthorised rooftop structures. The policy is that no one will be rendered homeless as a result of such action. To qualify for public rental housing or for the Home Ownership Scheme, the occupants are required to prove that:
(i)
(ii)
they were living in the rooftop structures on or before 1 June 1982;
the majority of their family members have been living in Hong Kong for seven years or more; and
(iii) they have not owned any domestic property, not including the
concerned rooftop structures. in the last 24 months.
Rooftop occupants who do not meet these criteria are offered rehousing in temporary housing areas. Those who do not satisfy the length of residence requirement but are otherwise eligible may be rehoused in refurbished flats in older estates.