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DR. THE HONOURABLE KIM CHAM (in Cantonese):—Mr. Chairman, the focus of the answer is we should not act out of negligence, if we act out of negligence must face legal consequences.
Mr. Peter Chan (in Cantonese):—Mr. Chairman, it seems to me that we are focusing on negligence. I think we should really let a professional have an opportunity to define negligence and about the factors involved and how we can avoid being charged. Dr. CHAM, I do not know whether you can arrange the Senior Crown Counsel/Urban Council (SCC/UC) to explain to the Urban Councillors about the fine points concerning the word of 'negligence', I know a little bit but I know SCC/UC knows best.
DR. THE HONOURABLE KIM CHAM (in Cantonese):—Mr. Chairman, the SCC is our legal advisor, I am sure he will be most happy to give you free answers concerning legal questions and I am sure he will give you ample legal guidance.
MISS YEUNG (in Cantonese):—Mr. Chairman, I ask the same question as Mr. Peter CHAN asked, I will just like to repeat one point, I do not think we need to ask this question, I think we should have all these provisions explained to us very clearly, so that we can look up these definitions for reference very easily.
DR. THE HONOURABLE KIM CHAM (in Cantonese): Mr. Chairman, we still need legal definition concerning negligence and in good faith because this will affect the verdicts in many cases.
CHAIRMAN (in English):—May I suggest Dr. CHAM that this would be a rather fruitful source of discussion for the Administration Select Committee at the next meeting with the SCC/UC present.
3. MR. L. H. KWAN asked the following question (in Cantonese):—I would like to ask a few questions about the development of recreational facilities in Kowloon Park:
(a) Will the Urban Council consider providing a temporary badminton court in the near future?
(b) Will the Urban Council also consider providing an area for the use of residents practising shadow-boxing?
(c) Could I be informed whether the Royal Hong Kong Jockey Club will finance the building of swimming pools and if so, when will construction start and when will it be completed?
MR. HOWARD H. W. YOUNG, CHAIRMAN OF THE RECREATION SELECT COMMITTEE, replied as follows (in English):—Mr. Chairman, I am honoured to answer the last question of today as well.
This question concerns Kowloon Park and asks if the Council will consider providing a temporary badminton court there in the near future, as well as a suitable area for shadow boxing. It also asks if the Royal Hong Kong Jockey Club will finance the building of swimming pools in the park and, if so, when will construction start and when will it be completed.
If I may take the last question first I can say that the Royal Hong Kong Jockey Club has indeed agreed to undertake the financing and construction of the entire area of Kowloon Park as a turnkey project, including swimming pools, which will then be handed over to the Urban Council for public use in the early spring of 1988. I will be making a statement on the project later in the meeting.
As Members know, I represent the Council, Mr. Chairman, with yourself, on the Kowloon Park Project Board and I can say there will certainly be suitable areas in which local residents will be able to practise shadow boxing and to assemble for a wide variety of similar leisure and recreation activity when it is finished.
Because of the very ambitious timetable that has been set, we can expect to see major construction activity on the site in the very near future so I regret that there will now be no opportunity to provide temporary badminton facilities there. However, Mr. Kwan will be delighted to hear that the Park development is to include also an indoor games facility so it will not be long before the local residents will be able to enjoy first-class, permanent badminton facilities at Kowloon Park.
Mr. Chairman, I am glad to feel that I would not be liable to civil claims, if my advice is incorrect in any way.
MR. KWAN (in Cantonese):—Mr. Chairman, I am glad to hear that the construction will start very soon, I do not know whether it will be phased or it will affect the existing facilities within the Kowloon Parks?
MR. YOUNG (in Cantonese):—Mr. Chairman, of course, when we have re-development it will certainly affect some of the facilities, some facilities will be affected to a greater extent because some soccer pitches will have to be moved to another area but our plan is to build a new soccer pitch before we remove the old one. Some facilities will not be affected, for example, the Chinese Garden and the museum, they will be open to the public as usual.
MR. LAWRENCE FUNG (in English): Mr. Chairman, I believe Part C of Mr. KWAN's question has not been fully answered, I refer specifically to swimming pools, can that be dealt with now?
MR. YOUNG (in English):—Mr. Chairman, I did say in my verbal reply, as supposed the written reply that the construction of the park did include swimming pools.
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Page 168 of 195
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HONG KONG URBAN COUNCIL
DR. THE HONOURABLE KIM CHAM (in Cantonese):-Mr. Chairman, the focus of the answer is we should not act out of negligence, if we act out of negligence must face legal consequences.
we
Mr. Peter Chan (in Cantonese):---Mr. Chairman, it seems to me that we are focusing on negligence. I think we should really let a professional have an opportunity to define negligence and about the factors involved and how we can avoid being charged. Dr. CHAM, I do not know whether you can arrange the Senior Crown Counsel/Urban Council (SCC/UC) to explain to the Urban Councillors about the fine points concerning the word of 'negligence', I know a little bit but I know SCC/UC knows best.
DR. THE HONOURABLE Kim Cham (in Cantonese):—Mr. Chairman, the SCC is our legal advisor, I am sure he will be most happy to give you free answers concerning legal questions and I am sure he will give you ample legal guidance.
MISS YEUNG (in Cantonese):—Mr. Chairman, I ask the same question as Mr. Peter CHAN asked, I will just like to repeat one point, I do not think we need to ask this question, I think we should have all these provisions explained to us very clearly, so that we can look up these definitions for reference very easily.
DR. THE HONOURABLE KIM CHAM (in Cantonese): Mr. Chairman, we still need legal definition concerning negligence and in good faith because this will affect the verdicts in many cases.
CHAIRMAN (in English):-May I suggest Dr. CHAM that this would be a rather fruitful source of discussion for the Administration Select Committee at the next meeting with the SCC/UC present.
3. MR. L. H. KWAN asked the following question (in Cantonese):—I would like to ask a few questions about the development of recreational facilities in Kowloon Park:
(a) Will the Urban Council consider providing a temporary badminton court in
the near future?
(b) Will the Urban Council also consider providing an area for the use of
residents practising shadow-boxing?
(c) Could I be informed whether the Royal Hong Kong Jockey Club will finance the building of swimming pools and if so, when will construction start and when will it be completed?
MR. HOWARD H. W. YOUNG, CHAIRMAN OF THE RECREAtion Select Committee, replied as follows (in English):—Mr. Chairman, I am honoured to answer the last question of today as well.
This question concerns Kowloon Park and asks if the Council will consider providing a temporary badminton court there in the near future, as well as an
HONG KONG URBAN COUNCIL
Page 168 of 195
9
suitable area for shadow boxing. It also asks if the Royal Hong Kong Jockey Club will finance the building of swimming pools in the park and, if so, when will construction start and when will it be completed.
If I may take the last question first I can say that the Royal Hong Kong Jockey Club has indeed agreed to undertake the financing and construction of the entire area of Kowloon Park as a turnkey project, including swimming pools, which will then be handed over to the Urban Council for public use in the early spring of 1988. I will be making a statement on the project later in the meeting.
As Members know, I represent the Council, Mr. Chairman, with yourself, on the Kowloon Park Project Board and I can say there will certainly be suitable areas in which local residents will be able to practise shadow boxing and to assemble for a wide variety of similar leisure and recreation activity when it is finished.
Because of the very ambitious timetable that has been set, we can expect to see major construction activity on the site in the very near future so I regret that there will now be no opportunity to provide temporary badminton facilities there. However, Mr. Kwan will be delighted to hear that the Park development is to include also an indoor games facility so it will not be long before the local residents will be able to enjoy first-class, permanent badminton facilities at Kowloon Park.
Mr. Chairman, I am glad to feel that I would not be liable to civil claims, if my advice is incorrect in any way.
MR. KWAN (in Cantonese):-Mr. Chairman, I am glad to hear that the construction will start very soon, I do not know whether it will be phased or it will affect the existing facilities within the Kowloon Parks?
MR. YOUNG (in Cantonese):-Mr. Chairman, of course, when we have re- development it will certainly affect some of the facilities, some facilities will be affected to a greater extent because some soccer pitches will have to be moved to another area but our plan is to build a new soccer pitch before we remove the old one. Some facilities will not be affected, for example, the Chinese Garden and the museum, they will be open to the public as usual.
MR. LAWRENCE FUNG (in English): Mr. Chairman, I believe Part C of Mr. KWAN's question has not been fully answered, I refer specifically to swimming pools, can that be dealt with now?
MR. YOUNG (in English):-Mr. Chairman, I did say in my verbal reply, as supposed the written reply that the construction of the park did include swimming pools.
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