A spokesman for the Lands Department (LandsD) said today (April 24) that since stepping up its enforcement actions against unauthorised structures on private agricultural land from April 2014, the department, up to the end of March this year, took enforcement actions against around 3,000 cases, of which 909 cases involving a total of 950 private agricultural lots have been completed.
As at the end of March 2017, of the completed cases, 18 private agricultural lots were re-entered by the department under the Government Rights (Re-entry and Vesting Remedies) Ordinance (Cap. 126) as the owners had not demolished the unauthorised structures despite repeated warnings; demolition works of all unauthorised structures on 905 private agricultural lots were undertaken by the owners themselves upon the department's enforcement actions (including issuing statutory notices, issuing warning letters and registration of the warning letters at the Land Registry); and demolition works of all unauthorised structures on another 27 lots were arranged by the LandsD.
The spokesman pointed out that among the aforementioned 18 re-entered private agricultural lots, eight lots involved in two serious lease breach cases were re-entered in March this year. The first case is located in Kai Leng, Sheung Shui, New Territories, involving seven private agricultural lots of about 9,800 square metres and no less than 17 unauthorised structures, and the number of households involved is estimated at 27. The second case is located in Ng Ka Tsuen, Pat Heung, Yuen Long, New Territories, involving one private agricultural lot of about 6,600 square metres and 41 unauthorised structures, and the number of households involved is estimated at 39. As the private agricultural land becomes government land after re-entry, the District Lands Offices (DLOs) concerned have posted statutory notices at the sites involved under the Land (Miscellaneous Provisions) Ordinance (Cap. 28), requiring the occupiers to cease the occupation, failing which DLOs will take further land control action.
The spokesman said, "Private agricultural land becomes government land after re-entry. The LandsD will consider instituting prosecutions against any person who unlawfully occupies government land. Members of the public who intend to purchase or rent structures erected on agricultural land should therefore seek professional advice beforehand to avoid purchasing or renting structures in breach of lease. Otherwise, they may suffer losses or even be subject to criminal liability for continual occupation of the land re-entered upon, when the Government takes enforcement actions against unauthorised structures in the future."
As for the private agricultural land re-entered, while the former owner may apply for relief against re-entry by petition to the Chief Executive or by application to the Court of First Instance under the Government Rights (Re-entry and Vesting Remedies) Ordinance (Cap. 126), the process will take time and the Government accepts no responsibility for any loss suffered by the former owner in the interim. The former owner also has to bear the consequences of the breach. Even if an application for relief is eventually approved, the Government reserves all rights to impose conditions which may include requiring the former owner to pay a fine taking into account the estimated profits/rent which might have been generated during the unauthorised use of the structures erected.
The spokesman reiterated that the department would continue to take enforcement actions against unauthorised structures on private agricultural land. Once warning letters have been issued, the LandsD reserves the right to trigger re-entry actions without giving further notice.
Ends/Monday, April 24, 2017
Issued at HKT 17:30
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