Following is a question by the Hon Starry Lee and a written reply by the Secretary for Development, Mr Paul Chan, in the Legislative Council today (February 4):
Question:
Some owners of the flats in a large private housing estate have relayed to me that the land lease of their housing estate provides that the lessee must build a footbridge within the precincts of the housing estate for public use and bear the management and maintenance responsibilities for the footbridge. The relevant management and maintenance costs, as well as third party insurance premiums place a heavy burden on the owners of the housing estate. However, the utilisation rate of the footbridge has been very low as it is not connected to any shopping mall or other footbridge. It is learnt that the owners of the housing estate generally support the Government's taking over of the management and maintenance responsibilities for the footbridge or even its demolition. However, the relevant proposal involves modification of the land lease and must therefore have the consent of the Government. In this connection, will the Government inform this Council:
(a) of the existing number of footbridges open for use by the public throughout Hong Kong that were built according to the requirements of the land leases of private developments and, among them, the number of footbridges the management and maintenance responsibilities for which are borne by the land lessees;
(b) of the circumstances under which the authorities will take over from the land lessee the management and maintenance responsibilities for a footbridge which is open for public use; whether there are precedents; if there are, of the details and the authorities' considerations in the cases concerned; and
(c) whether it has measures (such as setting up a maintenance fund) to assist owners of private housing estates to cope with the expenditure on the repair and maintenance of footbridges open for public use within the precincts of their estates; if so, of the details; if not, the reasons for that?
Reply:
President,
The provision of public facilities in private developments is intended to encourage integrated design, optimisation of land use and better site planning and utilisation; to facilitate the timely availability of some public facilities for the envisaged population intake of private development projects, or to meet citizens' broader needs. Moreover, the land leases of some private developments would include requirements for the provision of facilities for public use such as footbridges in order to enhance the connectivity between sites.
Based on information provided by the Lands Department, the Highways Department and the Transport Department, I reply to the various parts of the question as follows:
(a) Since 1980, a total of 257 footbridges have been built by developers for public use as required under the land leases of the private developments concerned. Of these, 29 have been taken over by relevant Government departments in accordance with the land lease conditions; 227 footbridges are now being managed and maintained by the owners concerned according to the land lease conditions; and the Government had also invoked the relevant land lease condition to take over the one remaining footbridge located on Government land for management and maintenance, with the responsibility of such handed over to the relevant Government departments.
(b) For cases involving the management and maintenance of public facilities in accordance with the land lease conditions of private developments, the owners of the respective developments shall perform their obligation under lease. As the use of public resources will be involved in the event of the Government taking up the management and maintenance responsibility of the relevant public facilities, the Government does not make such arrangements as a matter of principle. The Government may prudently examine individual cases on a case-by-case basis if there are compelling reasons supporting the Government to take back the relevant management and maintenance responsibility.
According to the records of relevant departments, from 1980 till the present day, only on one occasion in 2005 did the Government invoke the relevant land lease condition to take over a footbridge situated on Government land and its management and maintenance responsibility from the owners (which were originally responsible for such responsibility) to the departments concerned. In making this exceptional decision, the Government had taken into account the owners' request, location of the footbridge, other practical considerations as well as the consolidated views of the departments concerned.
(c) The owners of the concerned developments shall perform the obligation specified in the land lease of providing the public facilities as well as the related management and maintenance responsibility. The Government has no plan of considering the use of public money to introduce supporting measures for the owners of these developments to assist their performing of obligations under lease.
Ends/Wednesday, February 4, 2015
Issued at HKT 12:31
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