XN000022-1990-02-21 — Page 4

WEDNESDAY, FEBRUARY 21, 1990

LAW PROHIBITING TRANSACTION IN SUB-DIVIDED UNITS IMPRACTICAL

SALE

THE GOVERNMENT DOES NOT CONSIDER LEGISLATION ΤΟ PROHIBIT THE AND PURCHASE OF SUB-DIVIDED DOMESTIC UNITS TO BE EITHER APPROPRIATE OR PRACTICABLE, THE ACTING SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS, THE HON CLIVE OXLEY, TOLD THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

MR OXLEY SAID SUCH LEGISLATION WOULD BE INCONSISTENT WITH THE BASIC RIGHTS OF OWNERSHIP, INCLUDING THE RIGHT OF AN OWNER TO DISPOSE OF HIS OWN PROPERTY AS HE SAW FIT.

HE WAS REPLYING TO A QUESTION FROM THE HON CHUNG PUI-LAM ON CONVERSION AND SALE OF SUB-DIVIDED UNITS.

"SUCH LEGISLATION WOULD BE OBJECTIONABLE IN PRINCIPLE INASMUCH AS IT WOULD INTRODUCE INTO PROPERTY CONVEYANCING AND OWNERSHIP A HIGHLY UNDESIRABLE ELEMENT OF UNCERTAINTY," MR OXLEY SAID.

HE ADDED THAT IT WOULD ALSO BE DIFFICULT FOR THE GOVERNMENT TO POLICE THE SALE AND PURCHASE OF SUB-DIVIDED UNITS ΤΟ ESTABLISH IN EVERY CASE WHETHER THE SUB-DIVISION HAD BEEN APPROVED BY THE BUILDING AUTHORITY.

IN HONG KONG, HE SAID, PURCHASERS OF PROPERTY WERE GENERALLY REPRESENTED BY THEIR OWN SOLICITORS WHO HAD A RESPONSIBILITY TO PROTECT THE INTERESTS OF THEIR CLIENTS.

MR OXLEY SAID THE MAJORITY OF CASES INVESTIGATED BY THE BUILDINGS ORDINANCE OFFICE AS A RESULT OF COMPLAINTS RECEIVED SINCE 1985 CONCERNING UNAUTHORISED SUB-DIVISION OF FLATS INTO SMALLER UNITS PROVED NOT TO INVOLVE ALTERATIONS WHICH MIGHT AFFECT THE STRUCTURAL SAFETY OF THE BUILDINGS CONCERNED.

"IN THOSE CASES WHERE THE ALTERATION WORKS WERE CONSIDERED TO POSE EITHER A THREAT TO THE STRUCTURAL SAFETY OF THE BUILDING OR A HAZARD TO HEALTH, ENFORCEMENT ACTION WAS TAKEN UNDER THE BUILDINGS ORDINANCE, HE SAID.

THE SITUATION WAS MORE COMPLICATED IN CASES WHERE THE UNIT HAD ALREADY BEEN SUB-DIVIDED AND OCCUPIED.

"OCCUPIERS OF SUCH SUB-DIVIDED UNITS WOULD BE LIKELY TO HARDSHIP IF THE ILLEGAL CONVERSIONS WERE DEMOLISHED, AND BUILDINGS ORDINANCE OFFICE DOES TAKE INDIVIDUAL CIRCUMSTANCES ACCOUNT WHEN CONSIDERING ENFORCEMENT ACTION," HE SAID.

FACE

THE

INTO

NEVERTHELESS, WHERE A THREAT TO SAFETY OR A HEALTH HAZARD WAS ESTABLISHED, ENFORCEMENT ACTION WAS TAKEN, MR OXLEY ADDED.

0

/4