Advertisement
Opinion

Officials share blame for rampant abuse of government land

Lack of enforcement action and bureaucratic inertia serve only to encourage illegal occupation of public property

2-MIN READ2-MIN
Staff from Lands Department erect a warning sign at the illegally developed land in Tung Ah Pui Village in Shek O. Photo: David Wong
SCMP Editorial
The way the government deals with land illegally occupied in the New Territories is absurd to say the least. Instead of taking resolute enforcement action, there appears to be a policy of tolerance, so much so that it effectively entrenches, if not encourages, abuses. Credit goes to the Ombudsman, therefore, for going after the Lands Department for allowing those who have grabbed government land to stay put, sometimes for decades.

Currently, officials are empowered to reclaim occupied sites when the period for rectification expires. But offenders may continue to occupy the land by applying for short-term tenancy or temporary waiver of conditions of leases, with approvals sometimes taking years rather than 24 weeks as stipulated under internal guidelines. What’s more absurd is that enforcement action is suspended once an application has been made.

Advertisement
Tai Tong Lychee Valley in Yuen Long’s Tai Lam Country Park has unlawfully occupied government land for 18 years. A Director of Audit report slammed the Lands Department for dragging its feet to clear the unauthorised structures. Photo: David Wong
Tai Tong Lychee Valley in Yuen Long’s Tai Lam Country Park has unlawfully occupied government land for 18 years. A Director of Audit report slammed the Lands Department for dragging its feet to clear the unauthorised structures. Photo: David Wong

That explains why land abuses have become so rampant. In one case, a cafe has ignored complaints from local residents to illegally operate rent-free in the open area of a village for almost 20 years. The average waiting time for approval for short-term tenancy has ranged from 13 to 19 months in recent years. The loss of rental income arising from the delay could be significant.

Advertisement

The government has sought to dispel the impression that all breaches would be allowed to continue, saying some 60 per cent of applications had been rejected. But with one in three cases approved, the percentage is still uncomfortably high.

Advertisement
Select Voice
Select Speed
1.00x