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HONG KONG URBAN COUNCIL

problems concerning cleanliness in the estates, the Department would tell residents that they fell within the jurisdiction of the Housing Department. That is why many public housing residents don't think that the Council can do anything to improve their living environment.

Section 20(1) of the Public Health and Municipal Services Ordinance empowers the Department to serve a notice to the occupiers of public areas to remove waste from those areas within 24 hours otherwise they can be subject to prosecution. When we refer to the term 'occupiers', under the definition of British law, it includes people who are in control or responsible for the management of that area. So, in the case of public housing estates, the occupiers refer to the Housing Department. Obviously, the Council has the legislative power to require the Housing Department and the Hong Kong Housing Society as occupiers of most of the public areas in public housing estates to improve the cleanliness of these areas.

Also, under section 15(1)(b) of the Public Health and Municipal Services Ordinance and the Bylaw Clause 5(2), the Council can also require building management to clean up certain public areas including lifts, roof tops and canopies. They have the responsibilities to clean up these areas. Obviously, the Council has the power to compel them to do so. But in the past, we failed to see that the Council had any clear policy to collaborate with the Housing Department to take action on this. The Council has the right but it seems that in the past we lack the will to exercise our power under the legislation. I think it is time to change our non-intervention policy towards the Housing Department. We should strictly enforce the Public Health and Municipal Service Ordinance and to ask the Housing Department as well as the Hong Kong Housing Society, as managers of most of the public areas in public housing estates to improve the sanitation of the areas immediately, and lay charge against the Housing Department and the Hong Kong Housing Society in case of violation of the Ordinance. I so move.

Mr. Kam Nai-WAI (in Cantonese):-Mr. Chairman, when we mention management problems in public housing estates, we mostly focus on the Housing Department. Mr. LAI has just talked about the management of public housing units in urban areas by the Housing Department and we are talking in excess of 0.3 million flats with more than 1 million people living inside. But we should also look at the Housing Society, they are in charge of 22 000 flats in the urban area with a population of over 80 000. So, it is even more difficult to monitor the work of the Housing Society.

Because the Housing Department is a government department, it will be monitored by the Audit Department and the COMAC. But as far as the Housing Society is concerned, it is very difficult for us to monitor its work. I can take the case of Kwun Lung Lau in Central and Western District as an example. The building was built in 1967/68, almost 30 years ago. Even though my office has not been set up for 30 years, we have nonetheless received lots of complaints from residents of Kwun Lung Lau regarding collection of refuse