XN000022-1990-10-31 — Page 55

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WEDNESDAY, OCTOBER 31, 1990

THESE POWERS INVOLVED NO INFRINGEMENT OF THE BILL OF RIGHTS, MR BARNES SAID.

TOWN FOR THE ITS OWN

TURNING TO THE QUESTION OF APPEALS, MR BARNES SAID THE PLANNING ORDINANCE HAD BEEN CRITICISED BECAUSE IT PROVIDED BOARD TO HEAR OBJECTIONS TO ITS OWN PLANS AND TO CONDUCT REVIEWS OF ITS REFUSALS OF PLANNING APPLICATIONS.

BOARD'S

THESE CRITICISMS HAD ALSO BEEN APPLIED TO THE FUNCTIONS AS EXTENDED UNDER THE AMENDING ORDINANCE, AND ALSO TO THE DIRECTOR OF PLANNING'S POWERS TO REFUSE APPROVALS UNDER THE INTERIM DEVELOPMENT PERMISSION AREA (IDPA) SYSTEM AND HIS MORE PERMANENT POWERS TO ATTACH CONDITIONS TO NOTICES OF REINSTATEMENT.

THE QUESTION OF THE BOARD'S FUNCTION HAD TO BE DEALT WITH IN THE OVERALL REVIEW, MR BARNES SAID.

"AN APPEAL AGAINST THE DIRECTOR'S POWERS TO ATTACH CONDITIONS TO NOTICES UNDER THIS BILL COULD, HOWEVER, BE CONSIDERED, BUT HIS POWERS TO APPROVE OR REFUSE PERMISSION UNDER THE IDPA SYSTEM WILL DISAPPEAR WITHIN SIX MONTHS OF ENACTMENT OF THE BILL, AND IN ANY CASE HIS DECISIONS, TO BECOME EFFECTIVE AND ENFORCEABLE, WILL HAVE TO BE CONFIRMED BY THE BOARD. SO IT MAY BE UNNECESSARY TO CONSIDER APPEAL PROCEDURES AGAINST THESE POWERS WHICH WILL BE IN FORCE FOR SHORT A TIME".

SO

TURNING то THE MATTER OF OLDER PRIVATE BUILDINGS, WHOSE CONDITION BECAME A MATTER OF CONCERN FOLLOWING TWO RECENT INCIDENTS, MR BARNES SAID THESE INCIDENTS APPEARED TO SHOW THAT THERE WERE SERIOUS PROBLEMS RESULTING BOTH FROM LACK OF MAINTENANCE AND FROM ILLEGAL CONSTRUCTION.

"WE HAVE VERY LITTLE TRADITION OF PROPER AND SUSTAINED BUILDING MAINTENANCE IN HONG KONG, AND THE BUILDINGS ORDINANCE OFFICE'S INITIAL SURVEY HAS SHOWN JUST HOW LARGE A TASK OF REMEDIAL ACTION AWAITS US."

THE GOVERNMENT, THROUGH THE BUILDINGS ORDINANCE OFFICE, WOULD CONTINUE WITH ITS PROGRAMME OF INSPECTIONS TO IDENTIFY POTENTIAL SOURCES OF DANGER AND BRING THEM TO THE ATTENTION OF THEIR OWNERS FOR URGENT REMEDIAL ACTION.

"PRIVATE BUILDING OWNERS MUST NOW FACE UP TO THEIR RESPONSIBILITY FOR ENSURING THAT THEIR BUILDINGS ARE PROPERLY MAINTAINED AND REPAIRED.

"UNAUTHORISED BUILDING WORK MUST CEASE AND ALTERATIONS TO BUILDINGS MUST NOT BE CARRIED OUT WITHOUT PROPER PLANNING AND APPROVAL.

"PRIVATE ARCHITECTS, ENGINEERS AND SURVEYORS EMPLOYED ON WHAT SHOULD BE DONE TO MINIMISE RISKS AND TO REGULAR INSPECTIONS.'

SHOULD CARRY

BE

OUT

/THE DIRECTOR