1967 — Page 66

Urban Council Proceedings 市政局議事錄 All AI Reviewed

Page 66 of 259

110

HONG KONG URBAN COUNCIL

decision and would therefore put the case before the Appeals Sub-Committee, and a paper was circulated to that Sub-Committee on the 30th March. The delay in drafting and circulating the paper was due partly to a change of staff handling these matters in the Clearance Sub-division, and partly to unusual pressure of work on a difficult clearance operation.

The answer to the second part of the question is that the Resettlement Policy Select Committee confirmed the recommendation of the Appeals Sub-Committee on 31st May, and Mr. KWAN was informed of this result in a letter dated Friday 2nd June of which he acknowledged receipt on Tuesday the 6th. Arrangements were made for him to ballot for a shop at Tsz Wan Shan Estate yesterday the 12th June.

The answer to the third part of the question is that the procedure laid down by the Resettlement Policy Select Committee for deciding appeals necessarily results in some delay even if the various stages that have to be gone through are accomplished with all possible speed. As I said earlier, I accepted this case as an appeal against my decision on the 1st March, and the papers were circulated to the members of the Appeals Sub-Committee on the 30th. The Sub-Committee did not meet until the 25th April. I very much regret that nearly a month elapsed before the paper could be sent out, for reasons which I have explained, but I cannot recall precisely why the Sub-Committee did not meet until the 25th April; but I would say that the other panel of the Sub-Committee met on the 14th April, and that it has not always been easy to find a date that suits all members of a panel concerned and on which a committee room in the City Hall is available. Last month, the Resettlement Policy Select Committee set up 3 panels instead of 2 as in the past year, and decided that these panels could meet elsewhere than in the City Hall. I hope that this will enable appeals to reach the stage of a hearing more quickly than sometimes in the past. Once Mr. KWAN's appeal was heard by the Appeals Sub-Committee the procedure followed a normal course and the time-table was as follows:-

(a) 25th April: appeal heard by the Sub-Committee,

(b) 2nd May: draft minutes forwarded to the chairman of the Sub-Committee for consideration,

HONG KONG URBAN COUNCIL

111

(d) 9th May: draft minutes as amended by the Chairman circulated to members of the Sub-Committee for approval,

(e) 16th May: draft minutes of the Appeals Sub-Committee confirmed by presumption,

(f) 25th May: Minutes of the meeting of the Appeals Sub-Committee circulated to members of the Resettlement Policy Select Committee for confirmation of the recommendation,

(g) 31st May: recommendation of the Appeals Sub-Committee confirmed by the Resettlement Policy Select Committee by presumption,

(h) 2nd June: letter addressed to the appellant informing him of the decision.

MRS. ELLIOTT:- Mr. Chairman, may I thank the Commissioner for his very detailed answer, and may I ask the Commissioner if he realizes that I did not intend to criticize either him or his Department. I was only concerned about the difficulties of applicants who have to wait, as in this case, nearly four months before they know the final results. Therefore, may I ask the Commissioner if he could do all he can to hurry this up a bit?

COMMISSIONER FOR RESETTLEMENT:- Certainly. We do all we can. Sometimes we wish we could do more. In fact, we will, as always, endeavour to get these cases decided as quickly as possible.

MR. BERNACCHI:- Mr. Chairman, I would like to ask the Commissioner one question. I am speaking from memory and I might be wrong. I thought that it was resolved some time ago by the Resettlement Policy Select Committee that action could be taken where the answer was "yes" before the minutes were confirmed by presumption?

COMMISSIONER FOR RESETTLEMENT:- My memory is also faulty, Mr. Chairman. I cannot recall that resolution, but I will certainly look into it. I do not, however, think it will help, because we are still bound by Standing Order 22(8) which requires the confirmation of any recommendation of the sub-committee by the parent Select Committee.

MR. BERNACCHI:- Yes, in effect, you mean that it was, according to my recollection anyhow, that action was to be taken before the minutes of the Resettlement Policy Select Committee were confirmed by presumption. The only confirmation required by presumption is that of the minutes of the Appeals Sub-Committee.

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Page 66 of 259 T 110 HONG KONG URBAN COUNCIL decision and would therefore put the case before the Appeals Sub-Committee, and a paper was circulated to that Sub-Committee on the 30th March. The delay in drafting and circulating the paper was due partly to a change of staff handling these matters in the Clearance Sub-division, and partly to unusual pressure of work on a difficult clearance operation. The answer to the second part of the question is that the Resettlement Policy Select Committee confirmed the recommendation of the Appeals Sub-Committee on 31st May, and Mr. KWAN was informed of this result in a letter dated Friday 2nd June of which he acknowledged receipt on Tuesday the 6th. Arrangements were made for him to ballot for a shop at Tsz Wan Shan Estate yesterday the 12th June. The answer to the third part of the question is that the procedure laid down by the Resettlement Policy Select Committee for deciding appeals necessarily results in some delay even if the various stages that have to be gone through are accomplished with all possible speed. As I said earlier, I accepted this case as an appeal against my decision on the 1st March, and the papers were circulated to the members of the Appeals Sub-Committee on the 30th. The Sub-Committee did not meet until the 25th April. I very much regret that nearly a month elapsed before the paper could be sent out, for reasons which I have explained, but I cannot recall precisely why the Sub-Committee did not meet until the 25th April; but I would say that the other panel of the Sub-Committee met on the 14th April, and that it has not always been easy to find a date that suits all members of a panel concerned and on which a committee room in the City Hall is available. Last month, the Resettlement Policy Select Committee set up 3 panels instead of 2 as in the past year, and decided that these panels could meet elsewhere than in the City Hall. I hope that this will enable appeals to reach the stage of a hearing more quickly than sometimes in the past. Once Mr. KWAN's appeal was heard by the Appeals Sub-Committee the procedure followed a normal course and the time-table was as follows:- (a) 25th April: appeal heard by the Sub-Committee, (b) 2nd May: draft minutes forwarded to the chairman of the Sub-Committee for consideration, HONG KONG URBAN COUNCIL 111 (c) 5th May: draft minutes received back from the chairman with amendments, (d) 9th May: draft minutes as amended by the Chairman circulated to members of the Sub-Committee for approval, (e) 16th May: draft minutes of the Appeals Sub-Committee confirmed by presumption, (f) 25th May: Minutes of the meeting of the Appeals Sub-Committee circulated to members of the Resettlement Policy Select Committee for confirmation of the recommendation, (g) 31st May: recommendation of the Appeals Sub-Committee confirmed by the Resettlement Policy Select Committee by presumption, (h) 2nd June: letter addressed to the appellant informing him of the decision. MRS. ELLIOTT:- Mr. Chairman, may I thank the Commissioner for his very detailed answer, and may I ask the Commissioner if he realizes that I did not intend to criticize either him or his Department. I was only concerned about the difficulties of applicants who have to wait, as in this case, nearly four months before they know the final results. Therefore, may I ask the Commissioner if he could do all he can to hurry this up a bit? COMMISSIONER FOR RESETTLEMENT:- Certainly. We do all we can. Sometimes we wish we could do more. In fact, we will, as always, endeavour to get these cases decided as quickly as possible. MR. BERNACCHI:- Mr. Chairman, I would like to ask the Commissioner one question. I am speaking from memory and I might be wrong. I thought that it was resolved some time ago by the Resettlement Policy Select Committee that action could be taken where the answer was "yes" before the minutes were confirmed by presumption? COMMISSIONER FOR RESETTLEMENT:- My memory is also faulty, Mr. Chairman. I cannot recall that resolution, but I will certainly look into it. I do not, however, think it will help, because we are still bound by Standing Order 22(8) which requires the confirmation of any recommendation of the sub-committee by the parent Select Committee. MR. BERNACCHI:- Yes, in effect, you mean that it was, according to my recollection anyhow, that action was to be taken before the minutes of the Resettlement Policy Select Committee were confirmed by presumption. The only confirmation required by presumption is that of the minutes of the Appeals Sub-Committee. Page 66 of 2

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Page 66 of 259 T 110 HONG KONG URBAN COUNCIL decision and would therefore put the case before the Appeals Sub-Committee, and a paper was circulated to that Sub-Committee on the 30th March. The delay in drafting and circulating the paper was due partly to a change of staff handling these matters in the Clearance Sub-division, and partly to unusual pressure of work on a difficult clearance operation. The answer to the second part of the question is that the Resettlement Policy Select Committee confirmed the recommendation of the Appeals Sub-Committee on 31st May, and Mr. KWAN was informed of this result in a letter dated Friday 2nd June of which he acknowledged receipt on Tuesday the 6th. Arrangements were made for him to ballot for a shop at Tsz Wan Shan Estate yesterday the 12th June. The answer to the third part of the question is that the pro- cedure laid down by the Resettlement Policy Select Com- mittee for deciding appeals necessarily results in some delay even if the various stages that have to be gone through are accomplished with all possible speed. As I said earlier, I accepted this case as an appeal against my decision on the 1st March, and the papers were circulated to the members of the Appeals Sub-Committee on the 30th. The Sub-Committee did not meet until the 25th April. I very much regret that nearly a month elapsed before the paper could be sent out, for reasons which I have explained, but I cannot recall precisely why the Sub-Committee did not meet until the 25th April; but I would say that the other panel of the Sub-Committee met on the 14th April, and that it has not always been easy to find a date that suits all members of a panel con- cerned and on which a committee room in the City Hall is available. Last month, the Resettlement Policy Select Committee set up 3 panels instead of 2 as in the past year, and decided that these panels could meet elsewhere than in the City Hall. I hope that this will enable appeals to reach the stage of a hearing more quickly than some- times in the past. Once Mr. KWAN's appeal was heard by the Appeals Sub-Committee the procedure followed a normal course and the time-table was as follows:- (a) 25th April: appeal heard by the Sub-Committee, (b) 2nd May: draft minutes forwarded to the chairman of the Sub-Committee for consideration, HONG KONG URBAN COUNCIL 111 (c) 5th May: draft minutes received back from the chairman with amendments, (d) 9th May: draft minutes as amended by the Chair- man circulated to members of the Sub-Committee for approval, (e) 16th May: draft minutes of the Appeals Sub- Committee confirmed by presumption, (f) 25th May: Minutes of the meeting of the Appeals Sub-Committee circulated to members of the Re- settlement Policy Select Committee for confirmation of the recommendation, (g) 31st May: recommendation of the Appeals Sub- Committee confirmed by the Resettlement Policy Select Committee by presumption, (h) 2nd June: letter addressed to the appellant inform- ing him of the decision. MRS. ELLIOTT:-Mr. Chairman, may I thank the Commissioner for his very detailed answer, and may I ask the Commissioner if he realizes that I did not intend to criticize either him or his Department. I was only concerned about the difficulties of applicants who have to wait, as in this case, nearly four months before they know the final results. Therefore, may I ask the Commissioner if he could do all he can to hurry this up a bit? COMMISSIONER FOR RESETTLEMENT:-Certainly. We do all we Sometimes we wish we could do more. In fact we will, as always, endeavour to get these cases decided as quickly as possible. can. MR. BERNACCHI:-Mr. Chairman, I would like to ask the Com- missioner one question. I am speaking from memory and I might be wrong. I thought that it was resolved some time ago by the Resettle- ment Policy Select Committee that action could be taken where the answer was "yes" before the minutes were confirmed by presumption? COMMISSIONER FOR RESETTLEMENT:-My memory is also faulty, Mr. Chairman. I cannot recall that resolution, but I will certainly look into it. I do not, however, think it will help, because we are still bound by Standing Order 22(8) which requires the confirmation of any recommendation of the sub-committee by the parent Select Committee. MR. BERNACCHI:-Yes, in effect, you mean that it was, according to my recollection anyhow, that action was to be taken before the minutes of the Resettlement Policy Select Committee were confirmed by presumption. The only confirmation required by presumption is that of the minutes of the Appeals Sub-Committee. Page 66 of 2

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Page 66 of 259

110

HONG KONG URBAN COUNCIL

The answer to the third part of the question is that the pro- cedure laid down by the Resettlement Policy Select Com- mittee for deciding appeals necessarily results in some delay even if the various stages that have to be gone through are accomplished with all possible speed. As I said earlier, I accepted this case as an appeal against my decision on the 1st March, and the papers were circulated to the members of the Appeals Sub-Committee on the 30th. The Sub-Committee did not meet until the 25th April. I very much regret that nearly a month elapsed before the paper could be sent out, for reasons which I have explained, but I cannot recall precisely why the Sub-Committee did not meet until the 25th April; but I would say that the other panel of the Sub-Committee met on the 14th April, and that it has not always been easy to find a date that suits all members of a panel con- cerned and on which a committee room in the City Hall is available. Last month, the Resettlement Policy Select Committee set up 3 panels instead of 2 as in the past year, and decided that these panels could meet elsewhere than in the City Hall. I hope that this will enable appeals to reach the stage of a hearing more quickly than some- times in the past. Once Mr. KWAN's appeal was heard by the Appeals Sub-Committee the procedure followed a normal course and the time-table was as follows:-

(a) 25th April: appeal heard by the Sub-Committee, (b) 2nd May: draft minutes forwarded to the chairman

of the Sub-Committee for consideration,

HONG KONG URBAN COUNCIL

111

chairman with amendments,

(d) 9th May: draft minutes as amended by the Chair- man circulated to members of the Sub-Committee for approval,

(e) 16th May: draft minutes of the Appeals Sub-

Committee confirmed by presumption,

(f) 25th May: Minutes of the meeting of the Appeals Sub-Committee circulated to members of the Re- settlement Policy Select Committee for confirmation of the recommendation,

(g) 31st May: recommendation of the Appeals Sub- Committee confirmed by the Resettlement Policy Select Committee by presumption,

(h) 2nd June: letter addressed to the appellant inform-

ing him of the decision.

MRS. ELLIOTT:-Mr. Chairman, may I thank the Commissioner for his very detailed answer, and may I ask the Commissioner if he realizes that I did not intend to criticize either him or his Department. I was only concerned about the difficulties of applicants who have to wait, as in this case, nearly four months before they know the final results. Therefore, may I ask the Commissioner if he could do all he can to hurry this up a bit?

COMMISSIONER FOR RESETTLEMENT:-Certainly. We do all we Sometimes we wish we could do more. In fact we will, as always, endeavour to get these cases decided as quickly as possible.

can.

MR. BERNACCHI:-Mr. Chairman, I would like to ask the Com- missioner one question. I am speaking from memory and I might be wrong. I thought that it was resolved some time ago by the Resettle- ment Policy Select Committee that action could be taken where the answer was "yes" before the minutes were confirmed by presumption?

COMMISSIONER FOR RESETTLEMENT:-My memory is also faulty, Mr. Chairman. I cannot recall that resolution, but I will certainly look into it. I do not, however, think it will help, because we are still bound by Standing Order 22(8) which requires the confirmation of any recommendation of the sub-committee by the parent Select Committee.

MR. BERNACCHI:-Yes, in effect, you mean that it was, according to my recollection anyhow, that action was to be taken before the minutes of the Resettlement Policy Select Committee were confirmed by presumption. The only confirmation required by presumption is that of the minutes of the Appeals Sub-Committee.

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