Government explains management of private streets and footbridges in hong kong amid increasing maintenance costs and public usage concerns
Following is a question by Dr the Hon Chan Han-pan and a reply by the Secretary for Development, Ms Bernadette Linn, in the Legislative Council today (July 3):
Question:
It is learnt that many streets and footbridges in private housing courts (private streets and footbridges) are open for public use, with minority owners bearing the related cleaning, repair and maintenance costs over the years, and the relevant expenditure for some private streets and footbridges has gone up with the development in the vicinity and higher people flow. In this connection, will the Government inform this Council:
(1) of the current number of private streets and footbridges in Hong Kong that are open for public use; whether the Government received request for resumption of such streets and footbridges in the past five years, and the outcome of the follow-up actions;
(2) whether it will consider, on the premise of public interest being involved, such as when the relevant private streets and footbridges are connected to public facilities or there are new developments in their vicinity, resuming such private streets and footbridges; if not, of the reasons for that, and whether there are new measures to assist the owners concerned in coping with the increasing maintenance responsibility and financial pressure, so as to ensure that such facilities are safe and in pristine condition; and
(3) as the Government will carry out the Extension of Footbridge Network in Tsuen Wan project in the vicinity of the private footbridge connecting to Discovery Park, and as Noah's Ark Hong Kong, Ma Wan Fire Station and Ma Wan Park Phase 2 have to be accessed via Pak Yan Road, whether the Government will accede to the requests of the residents concerned by bringing the footbridge and street in question under the Government's management and maintenance; if so, of the specific timetable; if not, the reasons for that?
Reply:
President,
To facilitate integrated design and utilise lot owners' resources to achieve early completion of certain public facilities to meet community needs, the Government may require, via land lease conditions, lot owners to provide and make available facilities for public use, such as footbridges and roads, in private commercial and residential development projects as appropriate.
Subject to the lease conditions, after the completion of these footbridges or roads, lot owners may be required to return such facilities to the relevant government departments upon the latter's request, or continue to manage and maintain these facilities. I understand that Dr the Hon Chan is concerned about the latter.
In requiring lot owners to continue to manage and maintain the relevant facilities, the Government in general will consider one or more of the following consideration(s):
(i) the main users of the relevant footbridge or road are the lot owners of the concerned private development project, their tenants and guests;
(ii)integrating the relevant footbridge or road into the private development project for consolidated design and management would render the design more coherent and their management more effective;
(iii)the Government's resources allocation may not align with the private development project's implementation timetable, and there is a need to leverage the lot owners' resources to manage the facilities more effectively; and/or
(iv) the lot owners proposed on their own initiative to the Town Planning Board (TPB) to provide and manage such public facilities as a planning gain, when applying for a change in land use or seeking a planning approval concerning their private development project.
For the different parts of the question, having consulted the Transport and Logistics Bureau and the Lands Department (LandsD), the Development Bureau's response is as follows:
(1) The LandsD indicates that currently there are about 230 footbridges available for public use that are constructed and managed by lot owners as required under lease. As for roads available for public use, about 240 roads on government land are constructed and managed by lot owners. As roads on private land available for public use may not be required by the relevant land lease, the LandsD currently does not have comprehensive figures.
In the past five years, the LandsD has received eight requests for the Government to take back some of the relevant footbridges and roads. The Government is processing two of these cases, while the remaining cases were not accepted after consulting relevant departments, including the Transport Department (TD) and the Highways Department (HyD).
(2) Lot owners should fulfil their obligation under the land lease to manage and maintain the relevant footbridges and roads if the lease so requires. Lot owners (including flat owners who purchased individual units after completion of the development project) should also be aware of these responsibilities as included in the lease conditions and the deeds of mutual covenant of the building when they purchase the property.
As lot owner's expectation for the Government to take back relevant facilities is not only contrary to the land lease conditions, but also has implications on public resources, the Government would not accede to such requests as a matter of principle. If preliminarily there are sufficient grounds to justify individual applications, such as the usage of the facilities is significantly different from what was envisaged when the land lease was executed, or if there are environmental hygiene, traffic and road maintenance issues that far exceed what lot owners could handle, the Government would make a decision after considering relevant departments' resources and comments. Apart from that, if a road or footbridge was damaged or depilated to the detriment of user safety, the Government would consider conducting urgent repair works on the lot owners' behalf to ensure public safety, but would subsequently demand the lot owners to reimburse the relevant cost of works.
To avoid unforeseen disputes arising from more such cases in the future, for new development projects (such as those at planning or lease drafting stage), even when it is justified to request the lot owners to bear management responsibilities for the roads or footbridges, where feasible (for example, there is a reasonable size of commercial portion in the project), the Government's current practice is to stipulate that the management and maintenance responsibility of the relevant facilities be assigned to the lot owner(s) of the commercial portion of the development as far as possible, to avoid such responsibilities falling on the shoulders of individual flat owners of the residential portion.
(3) Regarding the two cases mentioned by the Member, the footbridge on Tai Chung Road adjacent to Discovery Park in Tsuen Wan was proposed to be erected by the lot owner of the project in 1991 to the TPB with a view to connecting its commercial and residential development project. Since the facility was proposed by the lot owner on its own accord, we do not consider it reasonable to now request the Government to relief the lot owner from complying with the obligations under the land lease. The current usage of the footbridge is also consistent with the situation when the lease was executed, and the Government does not have any plans now to take it back.
As for Pak Lai Road and part of Pak Yan Road in Ma Wan, the TD and the HyD have assessed the situation in light of local residents' concerns, and consider that the roads are still mainly used by the residents of Park Island at present, which is consistent with the usage envisaged when the lease was executed. The Government does not have any plans to take back the relevant roads at this stage. However, in light of the on-going development, especially the Ma Wan Park Phase 2, as well as the long-term planning of Ma Wan, the Government will continuously monitor and assess the usage of the road, and consider whether to take back the relevant part as and when appropriate.
Source: AI-generated images
Secretary for justice, mr paul lam, sc, emphasizes asia's role in upholding five principles of peaceful coexistence at international law colloquium
Following is the speech by the Secretary for Justice, Mr Paul Lam, SC, at the 2024 Colloquium on International Law today (July 5):
Distinguished guests, ladies and gentlemen,
Good afternoon. It is my privilege to join you today at this esteemed annual colloquium on international law, which has always been a wonderful platform for fruitful exchanges amongst all those interested in the development of international law.
First and foremost, I would like to extend my heartfelt gratitude to the Asian Academy of International Law (AAIL), the AAIL Foundation and the Chinese Society of International Law for organising this meaningful event and for inviting me to deliver this keynote speech.
(I) Background on the Five Principles
The theme of this Colloquium today is "Asia's Contribution to Five Principles of Peaceful Coexistence: Past and Future". Having listened to the insightful speeches delivered by our distinguished speakers on the topic this morning, I am very sure these Principles are no longer strangers to any of you.
To recap, the Five Principles of Peaceful Coexistence are: first, mutual respect for each other's territorial integrity and sovereignty; second, mutual non-aggression; third, mutual non-interference in each other's internal affairs; fourth, equality and mutual benefit; and lastly, peaceful coexistence.
While the Principles were initiated 70 years ago, they still play an influential and indispensable role under the international and national legal order today. For instance, the Five Principles have been enshrined in the preamble to the Chinese Constitution and reiterated in Article 4 of the Law on Foreign Relations of China enacted not too long ago.
(II) Asia's Contribution - the Past
On the international plane, the Five Principles have been accepted and further extended at the Bandung Conference in April 1955 by Asian and African States. They have also been incorporated into various bilateral and multilateral agreements and have been endorsed by numerous countries and international organisations.
For example, the tenets of the Five Principles were incorporated in a resolution on peaceful coexistence presented by India, Yugoslavia and Sweden, and unanimously adopted on December 11, 1957, by the United Nations General Assembly. In 1961, the Conference of Non-Aligned Nations in Belgrade also accepted the Five Principles as the principled core of the Non-Aligned Movement.
It is noteworthy that the Five Principles align closely with the principles enshrined in the Charter of the United Nations, which emphasises mutual respect for each other's territorial integrity and sovereignty, mutual non-aggression, non-interference in each other's internal affairs, equality and peaceful coexistence.
As President Xi mentioned during his important speech at the Conference Marking the 70th Anniversary of the Five Principles of Peaceful Coexistence in Beijing last Friday, and I quote, "the Five Principles of Peaceful Coexistence have set a historic benchmark for international relations and international rule of law. They fully conform with the purposes and principles of the UN Charter, with the evolving trend of international relations of our times, and with the fundamental interests of all nations."
(III) Asia's Contribution - the Future
Although 70 years have passed since the formulation of the Five Principles, they have withstood the test of time and remained highly relevant in the modern world.
Asia, with its rich and diverse cultural heritage, is well positioned to continue to contribute to the wider acceptance of the Five Principles by further practicing them when forging international relations across borders.
There are various ways through which Asian jurisdictions may continue to capitalise on these Principles for collective advancement.
(A) Belt and Road Initiative
First of all, Asian countries' continual participation in regional initiatives such as the Belt and Road Initiative (BRI) exemplifies the spirit of the Five Principles.
As discussed by the distinguished speakers in the morning session of this Colloquium, the BRI seeks to develop integrated trade corridors across Asia, the Middle East, Africa and Europe, covering more than 150 countries.
Just as President Xi mentioned in his speech last week, and I quote, "all countries, regardless of their size, strength and wealth, are equal members of the international community", with common interests, rights and responsibilities in international affairs and should work together for a shared future. In the same spirit, Asian states with a shared future and intertwined interests, may, through taking part in projects under the Belt and Road Initiative, continue to connect with each other and enjoy mutual benefits.
In this regard, Hong Kong, China, as an international financial centre, not only acts as a nexus for cross-border project financing, but also plays the role of an international legal and dispute resolution service centre as well as a capacity-building hub for foreign-related legal affairs.
International legal and dispute resolution centre
Specifically, under the principle of "one country, two systems", the Hong Kong Special Administrative Region (Hong Kong SAR) has the benefits of an independent and reliable legal system, strong rule of law and a large pool of legal talent specialising in the provision of legal and dispute-resolution services. Under our robust legal system, our talent provide diverse and comprehensive services to all sorts of investors engaged in trade and investment under the Belt and Road Initiative, such as arbitration and mediation services.
For example, the Asian African Legal Consultative Organization (AALCO) Hong Kong Regional Arbitration Centre opened its doors in 2022 to investors, including those involved in BRI-related disputes, to offer them cost-effective and time-efficient dispute resolution mechanisms, be it physical, online or hybrid mode.
Moreover, lawtech services are readily available in our city. Examples include the online dispute resolution (ODR) platform offered by eBRAM from Hong Kong, China, which provides secure platforms for the resolution of commercial and investment disputes involving Belt and Road countries through online negotiation, mediation and arbitration, for parties around the world.
Capacity-building centre
Further, the Hong Kong SAR strives to establish itself as a leading capacity-building centre for foreign-related legal affairs.
Over the years, Hong Kong has hosted or organised various capacity-building activities, including training workshops for both local and foreign legal experts, such as the 4th Investment Law and Investor-State Mediation Training co-organised by the Department of Justice, the Centre for Effective Dispute Resolution and the AAIL, which was held most recently from May 31 to June 1, 2024. Throughout the four editions of this event, over 200 participants from 38 jurisdictions have learnt from top-notch trainers and gained invaluable insights from the discussions and interactive exercises with their fellow participants.
Hong Kong also promotes capacity building by supporting the China-AALCO Exchange and Research Program on International Law, which provides annual training courses for delegates from AALCO members. In fact, this Colloquium constitutes the Hong Kong part of the seventh training session of the Program, which is organised by AAIL with the support of the Department of Justice.
It is also worth mentioning that the first edition of The Hague Academy of International Law's Advanced Course in Hong Kong was held in December last year, benefiting over 40 participants from about 20 jurisdictions around the world. We are planning to support the second edition this year.
Looking forward, the Hong Kong SAR will step up its efforts in enhancing collaboration with different international organisations in the field of capacity building, through the establishment of the Hong Kong International Legal Talents Training Academy as announced under the Chief Executive's 2023 Policy Address. The Academy will regularly organise practical training courses, seminars, international exchange programmes, etc to promote exchanges across borders, including amongst jurisdictions in the Belt and Road region. It is envisaged that the Academy will help promote mutual understanding on the international, regional and national legal systems, contributing to the practical application of the Five Principles by fostering mutual respect and understanding.
(B) Partnerships in Trade Relations
Secondly, building partnerships in trade relations is another way to foster mutual development and contribute to the Vision of Building a Community with a Shared Future for Mankind in the spirit of peaceful coexistence, attaining the ideals of an equal and orderly multipolar world and a universally beneficial and inclusive economic globalisation, as envisioned by President Xi in his speech last Friday.
In particular, through various economic and trade partnerships, Asian countries will continue to grow together and integrate into the regional industrial value chain for collective benefits.
Again, under the principle of "one country, two systems", Hong Kong has been using its name of "Hong Kong, China" to participate in bilateral and regional trade and investment partnerships under the framework of the World Trade Organization, WTO. It has concluded over 20 investment promotion and protection agreements, including such Asian countries as Japan, Republic of Korea and Thailand. It also signed a free trade agreement and an investment agreement with the 10 member states of ASEAN (Association of Southeast Asian Nations) in late 2017, and is actively seeking early accession to the Regional Comprehensive Economic Partnership, the RCEP.
Further, international organisations such as ASEAN and APEC (Asia-Pacific Economic Cooperation) foster regional dialogues and strengthen co-operation amongst Asian countries. Again, Hong Kong, China, has been actively participating in these forums and contributing to the holistic regional growth.
These trade partnerships and collaborative efforts continue to create synergies and mutual benefits for all economies concerned, contributing to the application of the Five Principles in the economic realm.
(C) Mediation
Finally, peaceful resolution of international disputes is also an important element under the Five Principles. President Xi also highlighted in his address last Friday that the Five Principles, and I quote, "offer a new path toward peaceful settlement of historic issues and international disputes, triumphing over obsolete, narrow-minded, antagonistic and confrontational mindsets such as bloc politics and sphere of influence."
In this regard, mediation can play a pivotal role, which has a long history in Asia, and there is growing global recognition for mediation as an effective means to resolve disputes amicably. Indeed, Article 33 of the United Nations Charter explicitly states that mediation and conciliation are important means of peaceful settlement of international disputes.
Asian countries, with their strong cultural preference for peaceful resolution of disputes, continue to be one of the driving forces for the growing adoption of mediation in times of conflict, including the use of mediation for cross-border disputes.
Hong Kong has also been actively promoting the use of mediation as an alternative dispute resolution mechanism locally, regionally and internationally, in the spirit of peaceful and efficient settlement of disputes.
Within the city, the Department of Justice has been running a campaign known as the "Mediate First" Pledge for many years to promote the use of mediation to resolve disputes in Hong Kong. The Chief Executive has also announced in the Policy Address 2023 the initiative to deepen the mediation culture by enhancing the mediation system.
Regionally, Hong Kong, China, has opted into the APEC Collaborative Framework for ODR of Cross-Border Business-to-Business Disputes since 2020. Under the Framework, ODR providers such as Hong Kong's eBRAM would first offer online negotiation and mediation services in the first and second stages of the procedure, and only when disputes remain unresolved after these two phases would they be arbitrated.
Internationally, my colleagues have been participating actively as part of the Chinese delegation in the UNCITRAL Working Group III on ISDS Reform. In particular, Hong Kong has hosted the Working Group III pre-Intersessional meeting in 2020 and Intersessional meeting in 2021, contributing to the successful adoption of the UNCITRAL Guidelines on Mediation for International Investment Disputes last year.
Recently, with the staunch support from the Central People's Government to strengthen Hong Kong as an international legal and dispute resolution services centre in the Asia Pacific region under the National 14th Five-Year Plan and the Greater Bay Area Development Plan, the International Organization for Mediation (IOMed) Preparatory Office was established in the Hong Kong SAR in 2023 and the Organization will be headquartered in Hong Kong upon its establishment.
The IOMed will be the first international inter-governmental legal organisation in the world specialising in settlement of international disputes by mediation that provides friendly, flexible, economical and efficient mediation services for international disputes, and will be a useful supplement to the existing dispute resolution institutions and means of dispute resolution, providing a new platform for the peaceful settlement of international disputes.
The Hong Kong SAR will continue to contribute to the development of peaceful settlement mechanisms that embody the spirit of the Five Principles.
(IV) Looking Forward
As we look into the future, it is clear that the Five Principles of Peaceful Coexistence will continue to offer valuable guidance to Asia and the world for building meaningful and harmonious international relations. It is indeed our collective responsibility to continue to promote the Five Principles to ensure a peaceful, prosperous and sustainable world for our future generations.
History shows us that Asia has set a great example that it is possible to collaborate for mutual growth and prosperity. As President Xi has reiterated in his speech, "China's resolve to promote common development across the world will not change." In this connection, through contributing to collaboration under initiatives such as the BRI, and acting as an international legal and dispute resolution centre as well as a capacity-building hub in the region, the Hong Kong SAR's efforts will continue to contribute to the upholding of the Five Principles, which I believe will live on for the common good of all in the years to come.
On this note, I wish you all a very fruitful time at the Colloquium exploring how the spirit of the Five Principles continues to shape developments in Asia and beyond in a positive manner.
Have an enjoyable luncheon and a pleasant afternoon. Thank you.
Speech by SJ at 2024 Colloquium on International Law Source: HKSAR Government Press Releases
