1986 — Page 21

HONG KONG URBAN COUNCIL

The Promenade comprises two areas: the eastern portion which runs along the waterfront and which is provided with planting beds, arbours, benches and fountains, and the western portion which is simply a concourse built over the sea. The reason why it may appear to look bare is because over half of the area is hard-paved for the purpose of accommodating crowds at Chinese New Year, Christmas etc.

Since the Promenade opened in June 1982, over 300 trees have been planted. As part of the planting programme for 1986, 100 trees and 30 concrete planters have been included in the Promenade, half as replacement and half as new planting. It is, therefore, quite possible to plant trees to afford a degree of shade and improve the appearance of the Promenade. However, progress in this regard has been hampered by:----

(a) major festivals such as the Dragon Boat Festival, the New Year Fireworks Display and the Christmas lights display which have attracted thousands of people to the Promenade to enjoy themselves, to watch the dragon boat race or to watch the fireworks, and resulted in damage to some of the trees;

(b) many trees suffered root damage during Typhoon Ellen in 1983. Furthermore, the trees are constantly exposed to on-shore monsoon winds and consequently have grown at a very slow rate; and

(c) provision of additional planting pits is difficult because of the numerous utilities services which are located underneath the surface of the Promenade.

The Department is aware of the need to improve the appearance of the Promenade and it is hoped that a combination of the annual planting programme and typhoon-free conditions for a number of years will lead to visible improvements on the Promenade, as the trees reach maturity.

MR. SULKE (in English):—My friend has a lot of excuses but I sincerely hope that what he has now promised will be expedited and perhaps not only trees but shrubs and may be some grass can be planted as well.

MR. YOUNG (in English):-Mr. Chairman, I would reply that they were reasons rather than excuses, as for what was promised, I think we can say that what the department has promised was to plant more trees or scrubs or putting concrete pots there. That can be implemented with ease, but as for what was hoped i.e. a typhoon-free season, I do not think even the Chairman of the Urban Council can promise that.

THE HONOURABLE Cheong-leen (in English):—Mr. Chairman, will it be possible to have some more flowering trees and scrubs, as had couple of years ago, been suggested by the Tsim Sha Tsui Kaifong?

HONG KONG URBAN COUNCIL

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MR. YOUNG (in English):----Yes, if we are willing to put them all in pots of some kind because as explained there are restrictions which prevent us from just digging up the ground and planting on the spot there because if we did that you would probably run into many wires and cables of public facilities that are underneath the ground and not too far from that you will hit the water as well.

2. MR. WALTER M. SULKE asked the following question (in English):- District Board members have been advised that they are liable to civil claims for common law negligence if they give incorrect advice to citizens during their meet the public scheme sessions. What is the position in this regard for Urban Councillors handling their Ward cases?

DR. THE HONOURABLE KIM Y. S. Cham, CHAIRMAN OF THE ADMINISTRATION SELECT COMMITTEE, replied as follows (in Cantonese): Section 51 of the Urban Council Ordinance provides that no Member shall be personally subject to any action, liability, claim or demand in respect of any matter or thing done by him or her in good faith for the purpose of carrying into effect the provisions of the Urban Council Ordinance or of any other Ordinance conferring powers upon the Council. Accordingly a Member will not be personally liable for any decision or action he or she may take as a Delegated Member or as a member of a committee unless that is he or she was not acting in good faith. That provision only protects the Member and the Council itself may be liable if any improper action is taken.

However in giving advice to a constituent or member of the public in his or her Ward Office a Member is not carrying into effect the provisions of any Ordinance and he or she will not be protected by Section 51. There is, I am told, no specific authority on this point but it may be that a Member of the Council who negligently gives incorrect advice or information may be liable in damages if loss or damage is the direct consequence of that incorrect advice or information. That would seem most likely in the case of advice or information given in respect of matters which are within the jurisdiction of the Council such as the licensing of hawkers, food businesses or other activities in respect of which the constituent or member of the public could reasonably expect to rely upon advice or information given by the Member. The same may not be so in respect of matters outside the jurisdiction of the Council such as housing, immigration or matrimonial matters.

Each case would depend very much on its own circumstances, but in essence it would seem that a Member is obliged to take reasonable care when advising or giving information to constituents or Members of the public.

MR. TONG (in Cantonese):—Mr. Chairman, I think Dr. Cham has given a very good answer,

but in good faith I really wonder about its definition, how can we know for sure that someone is acting in good faith or not? Then he talks about negligence and he also said that members will have to bear the responsibility out of negligence, I think this is really very difficult because sometimes we may give