Following is a question by the Hon Choy So-yuk and a reply by the Secretary for Housing, Planning and Lands, Mr Michael Suen, in the Legislative Council today (May 3):
Question:
In recent years, when carrying out building renovation or alternation works, many construction works contractors casually placed cargo compartments at roadsides for use as temporary storage for construction wastes. There have been complaints that such cargo compartments block traffic flow and will likely cause traffic accidents. Moreover, the dust and grit contain therein will easily pollute the environment and pose safety threats to pedestrians. In this connection, will the Government inform this Council:
(a) of the respective numbers of such complaints received, enforcement and prosecution actions taken by each of the departments concerned, as well as the number of persons convicted and the penalties imposed on them in each of the past three years; and
(b) whether the Government has implemented any new initiatives to improve the situation since this Council raised a question on the placing of cargo compartments at roadsides in December 2003; if it has, of the details of the initiatives; if not, the reasons for that?
Reply:
Madam President,
Cargo compartments or skips placed on streets or at roadsides are mostly used as temporary storage for construction waste generated from renovation or fitting-out in nearby buildings, pending transportation to landfill sites for dumping. The impact of such skips on traffic and pedestrians is temporary. The renovation and fitting-out trades have a practical need for these skips. Besides, their use reduces the dumping of construction waste on streets, which may cause environmental hygiene and traffic nuisance. My reply to the two-part question is as follows:
(a) The number of complaints received and the number of notices put up under section 6(1) of the Land (Miscellaneous Provisions) Ordinance by the Lands Department (LandsD) over the past three years are as follows:
| Year | No. of complaints received |
No. of notices put up |
|
----
|
-----------------
|
--------------
|
| 2003 |
90
|
90
|
| 2004 |
154
|
162
|
| 2005 |
822
|
869
|
Only in case of failure on the part of the owner of a skip to take any removal action after the expiry of the period specified in the notice affixed to the skip can LandsD institute a prosecution against him/her under the Land (Miscellaneous Provisions) Ordinance (Cap 28). LandsD successfully prosecuted 4 persons for unauthorised placing of skips. The prosecuted were fined $ 2,000 each upon conviction.
In the past three years, the Food and Environmental Hygiene Department (FEHD) received a total of 154 complaints in relation to the above breaches. Some of the complaints overlapped with those received by LandsD, and therefore were referred to LandsD for follow-up after verification. A total of 14 joint actions were conducted with the participation of both departments in the last year.
(b) Since 2003, the Administration has been joining hands with the relevant departments in addressing the issue of casual placing of skips at roadsides. If the skips at roadsides were found to cause rather serious impact on the traffic flow and the environmental hygiene in the vicinity, the case would be brought up for discussion at the District Management Committee. Where necessary, joint actions by the relevant departments (including LandsD, the Transport Department, the Highways Department, the Hong Kong Police Force and FEHD) would be taken, through the coordination of the District Officer concerned, to remove the skips in question. In handling the complaints received, the relevant departments may exercise the power conferred on them by the following Ordinances:
(i) In case of unauthorised placing of skip on the Government land, LandsD may, in accordance with the Land (Miscellaneous Provisions) Ordinance, put up a notice on the skip for not less than a day, requiring the owner to remove the skip before the deadline. Should the owner fail to do so, LandsD may confiscate the skip and initiate prosecution action against the owner;
(ii) If skips placed on public streets cause environmental nuisances or obstruction to street cleansing, FEHD may, under the Public Health and Municipal Services Ordinance, put up a notice on the skips for not less than four hours, requiring the owners to remove the same before the deadline. Should the owners fail to do so, FEHD may take action to remove the skips;
(iii) Under the Road Traffic (Traffic Control) Regulations, the Director of Highways or a police officer of the rank of sergeant or above may give notice, either orally or in writing, to the person responsible for any obstruction on or near a road which hinders or endangers any person to remove the obstruction as soon as possible. Should the person fail to remove the obstruction in compliance with the notice, the Director of Highways may arrange for its removal and recover the cost so incurred from the said person; and
(iv) If skips placed on public streets cause any obstruction, inconvenience or harm to pedestrians or vehicles passing by, FEHD or the Police may take immediate action under the Summary Offences Ordinance to remove and confiscate the skips causing the obstruction.
Ends/Wednesday, May 3, 2006
Issued at HKT 14:52
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