The current-term Government is going to end soon. I would like to take this opportunity to review the history of the squatter policy and introduce to you the strengthened squatter control measures adopted by the Lands Department (LandsD) over the past year, so as to explain to the public and the community the purpose and rationale of the said policy.
The Development Bureau (DEVB) spares no effort in identifying sites for housing. However, due to historical reasons, there are still some 380 000 squatter structures for various uses across Hong Kong, Kowloon and the New Territories which were covered in the Squatter Control Survey in 1982. The Government has always maintained that such surveyed squatters are “unauthorised” structures. They are only “tolerated” and “allowed to exist” until they are phased out through natural wastage or being cleared by the Government for development, environmental improvement or safety reasons. In other words, the long-term objective of the policy is to carry out squatter clearances gradually with a view to vacating the land for other long-term development uses. Therefore, members of the public should not take for granted the long-term use or even profit-making renting and selling of such surveyed squatters; however, to our disappointment, some people actually accuse the Government of forced eviction when land involving these unauthorised structures is required for development purposes.
Public Housing Comes, Squatter Shacks Goes
Looking back in history, the development of squatters can be traced back to as early as the mid-1940s to late 1970s when a large number of Mainland immigrants flocked to Hong Kong. As a result, hundreds of thousands of people erected squatter huts, including all kinds of scrappy metal, wooden and stone shacks, on undeveloped and unleased government land or private agricultural land for residential use. The squatter areas in those days were very crowded and sanitary conditions were very substandard; intertwining electrical cables and wires were found everywhere; and fires were frequent events, leaving residents under threats of losing their lives and properties. It was only after the catastrophic Shek Kip Mei fire in 1953 which destroyed a lot of wooden huts and left more than 50 000 people homeless overnight that the Government decided to build multi-storey resettlement buildings to accommodate the affected residents. This public housing project eventually extended to low- and middle-income families and the number of squatters began to decrease from then onwards.
The Government had in early days registered the size, use and building materials of squatter structures with an aim of freezing the number of squatter structures and realising the policy objectives of phasing out squatter structures progressively. In 1982, the Housing Department’s territory-wide survey revealed that there were 1 049 squatter areas comprising around 570 000 squatter structures. Each surveyed squatter structure (SS structure) covered in this survey was assigned a squatter survey number. Later on, due to the Government’s clearance operations, the number of squatter areas has decreased to 772 and SS structures to around 380 000 as of March 2017. Moreover, the LandsD has taken over the squatter control duties from the Housing Department since April 2006.
“Tolerated Existence” Is No Equivalent of “Legal Title”
All along, it is explicitly provided that any extension, addition, change of use or alteration with materials not in compliance with the Squatter Control Survey Record is not allowed. Such “tolerated existence” of squatter structures does not confer on any person or recognise his right or legal right to occupy the land involved. Hence, I can clearly point out that “tolerated existence” is not equivalent to legal title. When there are needs in the society to release sites for development or creating new development areas, the Government is only implementing the squatter control policy which has been announced and implemented for years when removing the squatter structures on the subject sites. It is strictly an act in accordance with the law and it is about making reasonable choices. I would also like to take this opportunity to remind the public that while the existing squatter control policy does not impose any requirement on the identity of an occupant, such SS structures remain unauthorised and are only tolerated. Occupants of SS structures hold no legal title of them and purchases or renting of such structures are not protected by law. Notices of the LandsD are posted in squatter areas to remind the public of the relevant restrictions.
As of March 2016, there were 347 staff members under the seven Squatter Control Offices of the LandsD who were responsible for monitoring and inspecting squatter structures in Hong Kong to ensure compliance with the squatter control policy. Regarding media reports on the rampant unauthorised extensions/alterations of squatter structures, with some cases going to the point of “converting squatter structures into luxury homes”, we adopt a zero tolerance policy. The LandsD has tightened the discretionary arrangements for rectification of irregularities among SS structures since 22 June 2016. Specifically, if there is evidence proving that a new extension is completed after 22 June 2016, LandsD will take enforcement actions and no rectification opportunity will be given. The squatter survey number will be cancelled instantly and the whole unauthorised structure on government land will be demolished upon detection. The lease enforcement actions will be taken immediately against cases involving newly extended structures on private land which are in breach of lease conditions.
Moreover, the LandsD announced on 28 March 2017 that it would strengthen enforcement actions against unlawful occupation of government land and tighten arrangements for processing applications for “regularisation of unlawful occupation of government land” (regularisation applications) (please refer to the corresponding press release for details). In the past, during the processing of a regularisation application, the LandsD would suspend its enforcement actions without imposing any requirements on the occupier. As it takes time to process an application, this would amount to extending the time of the applicant’s occupation at no cost at all, and the applicant could simply cease occupying the land only when and if his application is rejected by the LandsD or due to his disagreement with the terms of the short-term tenancy offered by the LandsD. The new arrangements require an applicant to pay in advance a punitive fee for his or her act of unauthorised occupation and meanwhile start to pay rents as early as during the processing of the application through payment of a forbearance fee. These arrangements are to ensure that the occupier will have to first pay a price for his act of unauthorised occupation even if he has submitted a regularisation application. The purpose of laying down such tightened arrangements is to make optimal use of our precious land resources.
During my tenure with the DEVB in the past few years, I have a profound feeling on how housing and land problems have been plaguing so many of our fellow citizens. Our colleagues have been working hard with other policy bureaux to seek more housing sites through a multi-pronged approach. Our aim is to enhance the living environment of the public as soon as possible, as well as facilitating social and economic development in a holistic manner. Despite our earnest intentions, the Government has been bombarded with slogan-style smears and twisted out of context attacks from time to time. It is never the Government’s intention to destroy people’s home without reasons. To the contrary, in spite of all those unreasonable allegations, we have stood firm and acted in a responsible manner to promote urban development and make every effort to provide reasonable assistance to affected parties with a view to creating a better future for everyone. Of course, we do not have a magic wand that can realise all our blueprints for the future in the blink of an eye, but I believe that by uniting our society under the same goal, we can create a bright and promising future for Hong Kong.
This year marks the 20th anniversary of the return of Hong Kong to the Motherland. I hope people from all walks of life can stand side by side to promote and take forward the steady development of Hong Kong. I sincerely wish the new-term Government every success under the leadership and co-operation of the Chief Executive-Elect, Mrs Carrie Lam, and all Principal Officials. I would also like to express my gratitude to the Chief Executive, Mr C Y Leung, and the Financial Secretary, Mr Paul Chan, for their support to the work of the DEVB. My heartfelt thanks also go to my colleagues in the DEVB and its departments. They have been standing by my side and offering their best to serve the society. I truly believe they will keep contributing to the sustainable development of Hong Kong.
25 June, 2017
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