XN000022-1985-04-28 — Page 6

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SUNDAY, APRIL 28, 1985

ACCORDING TO THE LATEST REPORT ON LAND CONTROL, 1984 WAS A YEAR OF CONSOLIDATION AS FAR AS LEASE ENFORCEMENT WORK WAS CONCERNED WITH MOST DISTRICTS REPORTING A GATHERING MOMENTUM OF WORK DONE.

SINCE THE ESTABLISHMENT OF THE LANDS DEPARTMENT IN APRIL 1982, EACH OF THE FOUR URBAN DISTRICT LANDS OFFICES AND EIGHT NEW TERRITORIES DISTRICT LANDS OFFICES HAS SET UP ITS OWN LEASE ENFORCEMENT TEAM RESPONSIBLE FOR TAKING ACTION AGAINST BREACHES OF CONDITIONS CONTAINED IN A LEASE.

THERE ARE A VARIETY OF BREACHES BUT MOST ARE BREACHES OF THE USER CONDITIONS, SUCH AS OPERATION OF INDUSTRIAL UNDERTAKINGS IN RESIDENTIAL OR NON-INDUSTRIAL BUILDINGS, MISUSE OF CARPARKING SPACES IN INDUSTRIAL OR RESIDENTIAL BUILDINGS, AS WELL AS UNAUTHORISED BUILDING WORKS IN MULTI-STOREY BUILDINGS AND VILLAGE-TYPE RESIDENTIAL HOUSES.

LEASE ENFORCEMENT ACTION IS NECESSARY TO ELIMINATE NUISANCE, HAZARDS, CONGESTION OF ACCESS ROADS AND OTHER ENVIRONMENTAL PROBLEMS CAUSED BY SUCH BREACHES.

LESSEES ARE ADVISED TO PURGE THE BREACHES, FAILING WHICH ACTION WOULD BE TAKEN INCLUDING THE RE-ENTRY OF THE PROPERTY TO THE CROWN OR VESTING OF THE RELEVANT INTEREST OF A PROPERTY IN THE COLONIAL TREASURER INCORPORATED.

UPON RE-ENTRY OR VESTING, THE LANDOWNER LOSES ALL HIS RIGHTS AND INTEREST ON THE PROPERTY. HOWEVER, HE MAY, WITHIN SIX MONTHS OF RE-ENTRY OR VESTING, PETITION THE GOVERNOR OR APPLY TO THE HIGH COURT FOR RELIEF AGAINST THE ACTION TAKEN.

BUT THIS WILL ONLY BE GRANTED PROVIDED THE LANDOWNER RECTIFIES THE BREACH, PAYS THE OUTSTANDING CROWN DUES AND A PENALTY AND MEETS ANY OTHER TERMS REQUIRED OF HIM.

LAND CONTROL STAFF OF THE LANDS DEPARTMENT ARE ALSO INVOLVED IN THE INSPECTION OF ALL NEWLY-COMPLETED BUILDINGS TO CHECK FOR BREACHES. POSTERS ARE DISPLAYED IN THESE BUILDINGS AND OWNERS ARE ADVISED TO OBSERVE AND COMPLY WITH LEASE CONDITIONS.

DISTRICT LANDS OFFICES IN THE NEW TERRITORIES ALSO TAKE ACTION AGAINST UNAUTHORISED BUILDING WORKS AND UNAUTHORISED USES OF CARPORTS IN A NUMBER OF HIGH-CLASS RESIDENTIAL AREAS. RESULT IN THESE CASES HAS BEEN SATISFACTORY AS MOST OWNERS RECTIFY THE BREACHES AFTER THEY RECEIVE WARNING LETTERS.

DURING THE YEAR. A TOTAL OF 4 873 CASES WERE DEALT WITH 1 915 CASES BROUGHT FORWARD FROM THE PREVIOUS YEAR AND 2 958 DETECTED AND/OR REPORTED WITHIN THE YEAR.

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