Commissioning of Support Service Centre for Minority Owners under Compulsory Sale to enhance support for affected minority owners
To cope with the ageing of buildings, the Government has been implementing a dual-track strategy of redevelopment and rehabilitation through multiple measures. Among these measures, the Land (Compulsory Sale for Redevelopment) (Amendment) Ordinance 2024 was passed by the Legislative Council (LegCo) on 18 July this year to update and streamline the compulsory sale regime in four directions, i.e. lowering the compulsory sale application thresholds; facilitating multiple adjoining-lot compulsory sale applications; streamlining the legal process of the compulsory sale regime; and enhancing support for affected minority owners. In particular, the Support Service Centre for Minority Owners under Compulsory Sale (SMOCS) has recently commenced service to provide minority owners with one-stop support. Today, I have invited my colleague in the Development Bureau (DEVB) to give an account of the latest progress of the legislative amendment and how the Government will enhance protection for affected minority owners. Updating and streamlining the compulsory sale regime to provide more comprehensive support Assistant Secretary (Urban Renewal) of the DEVB and Deputy Head of the Dedicated Office of Support Services for Minority Owners under Compulsory Sale (DOSS), Mr Henry WONG, says that the amendment to the Land (Compulsory Sale for Redevelopment) Ordinance (the Ordinance) is aimed at leveraging the private market force to expedite urban renewal; assisting the minority owners of old and dilapidated buildings by providing a way out for redevelopment; addressing the potential safety hazards in buildings; as well as improving the residents’ living environment. The amendment to the Ordinance was passed by the LegCo in July this year, and the Government will gazette the commencement date of the amendment as soon as possible. Subject to negative vetting by the LegCo, the amendment is expected to come into effect in mid-December this year the earliest. Setting up DOSS and SMOCS to provide minority owners with one-stop support services While expediting the redevelopment of old buildings, Mr Henry WONG says, the Government attaches great importance to safeguarding the interests of minority owners. In addition to a number of statutory protections for minority owners affected by compulsory sale which the prevailing Ordinance provides, the amendment will allow minority owners to continue occupation of their properties for up to six months after compulsory sale. As an administrative measure to further enhance support for minority owners, the DEVB has set up the DOSS to co-ordinate the relevant support services. The DOSS will also give steer to the SMOCS established by the Urban Renewal Authority (URA) to provide minority owners with support services at different stages of compulsory sale applications, so as to give them a better grasp of their statutory rights and ensure they are sufficiently protected. The SMOCS is completely independent from the URA in operation and is directly accountable to the DOSS under the DEVB. SMOCS’s provision of preliminary professional advisory services free of charge When faced with compulsory sale, minority owners are particularly concerned about the ways to deal with the relevant legal procedures and obtain necessary information and professional services. In this connection, the DOSS and the SMOCS have launched publicity and public education campaigns. Through contacts with local networks such as the District Councils, Care Teams and District Offices, they have proactively organised outreach publicity campaigns, visits to old buildings and a series of seminars, workshops and roadshows to enhance the understanding of the public and minority owners of old buildings about the acquisition of private buildings and the compulsory sale application mechanism. Moreover, the SMOCS has formed partnerships with professional organisations and professional personnel from different sectors (including lawyers, surveyors, mediators and social workers), as well as designated non-government organisations, in jointly providing comprehensive and effective one-stop support for minority owners affected by compulsory sale applications. We have so far garnered support from more than 60 lawyers and about 30 surveyors to, as arranged by the SMOCS, provide preliminary professional advisory services free of charge for minority owners affected by compulsory sale applications in the form of seminars. In addition, the SMOCS also provides the following free services: referrals to legal and related professional services, emotional counselling, searching of alternative accommodation, etc. Proactively enabling and encouraging minority owners to resolve disputes over compulsory sale by mediation as an alternative to litigation In the course of dealing with compulsory sale litigation, minority owners of old buildings, especially those in their old age, may be subjected to psychological stress. In this regard, the SMOCS will proactively enable and encourage minority owners to resolve disputes over compulsory sale by mediation as an alternative to litigation. To increase the successful rate of mediation, the SMOCS will provide minority owners with a referral list of accredited mediators, as well as granting subsidies on two fronts: firstly, provision of partial subsidy of the mediation fee; and secondly, provision of independent third-party valuation reports of properties and lots at a concessionary fee for minority owners’ reference during the mediation stage. The reports can assist minority owners in understanding the value of their properties and making informed decisions as to whether they should accept the acquisition offers made by the compulsory sale applicants, or continue with the compulsory sale proceedings. The SMOCS’s commissioning and the amendment to the Ordinance soon to become effective mark a major step forward for Hong Kong in arresting the problem of ageing buildings and safeguarding the interests of minority owners therein. The SMOCS is located at Unit D, 6/F, 777-783 Yu Chau West Street, near Lai Chi Kok MTR Station. It opens from 9:00 am to 1:00 pm and 2:00 pm to 6:00 pm on Mondays to Fridays (visits are by appointment only). For enquiries, please call 2156 8050 during opening hours. For service details, please browse the SMOCS website at https://smocs.hk/en/home/index.html |
1 September, 2024
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