上週末在高塘下洋慘遭破壞的季節性濕地有超過6成土地屬於榮登拓展有限公司。該公司由陳麗明持有，並由范惠玲擔任秘書，在2012年2月以$6,702,008購入鄰近多個地段。我們到訪該公司的註冊地址，發現現址為“New Hall Design Limited” 的建築設計公司，同樣由陳麗明持有。職員稱公司擁有高塘下洋的土地，但負責人正在休假。她們會在下週聯絡我們，以得知鄉議局是否合法地取得業主同意下斬樹。
【Country Parks under attack from the Heung Yee Kuk】
Last Sunday, the Heung Yee Kuk felled trees and removed vegetation on wetland deep inside the Sai Kung Country Park.
It was a protest against Government’s plan to zone the area for conservation. The Kuk claimed the zoning would restrict farming on this enclave of private land. This is nonsense for two reasons. First, farming is always allowed, even on agricultural land in country parks. Secondly, our investigation has now revealed that the land in question was sold to developers in 2012. The indigenous villagers long gave up their interest in farming.
What the Heung Yee Kuk is really after is the right to build small houses on private land in country parks. The pattern of the sale of village land to developers, destruction of vegetation, the push for rezoning and the illegal sale of the “Ding” right to build small houses, is replayed constantly throughout the New Territories, including deep inside our country parks.
The Small House Policy is unsustainable, attracts illegal activities, and results in environmentally disastrous developments. The Kuk’s push for small houses in country park enclaves is harmful to the surrounding country parks and nearby marine resources. Since the Tai Long Sai Wan incident in 2010, Designing Hong Kong together with community, hiking and conservation groups has worked hard to protect the country parks from these destructive developments.
Heung Yee Kuk ‘farming’ lies exposed
Over 60% of the seasonal wetland in Ko Tong Ha Yeung which was subject to tree felling this weekend, was bought by Glory Top Develop Limited on February 2012 for $6,702,008. The company is owned by Chan Lai Ming, and Fan Wai Ling is the secretary. We visited their office which was branded “New Hall Design Limited” – a company with the same directors. Staff confirmed that the land at Ko Tong Ha Yeung was theirs, but that the person in charge was on holiday and would call us back upon her return next week. Whether the Heung Yee Kuk had approval to cut the trees is yet unclear.
Records uncovered by Designing Hong Kong’s land searches for Tai Tan, Uk Tau, Ko Tong and Ko Tong Ha Yeung can be found here:http://goo.gl/QJPt4B
News Report on villagers tree felling and vegetation clearance:
Hong Kong Free Press: https://goo.gl/10Ynma
“Tai Tan, Uk Tau and Ko Tong suspected over 50 Small Houses Front man Scheme”
(Please scroll down for English )
Front men schemes covering 50+ small houses in Tai Tan, Uk Tau and Ko Tong
(Designing Hong Kong “Tai Tan, Uk Tau and Ko Tong Land Ownership Study” PowerPoint presentation：
A study of land transactions in Tai Tan, Uk Tau and Ko Tong shows that for more than 50 small house applications to the Lands Department and/or Town Planning Board the land was first bought by developers and transferred to the applicants just prior to their applications. These patterns are strikingly similar to the front man scheme discovered in the Sha Tin Tai Che Village court case (No. DCCC25/2015) during which the Court considered this an illegal practice.
Based on our findings we made the following recommendations to the Administration, the Town Planning Board and the ICAC to deter front men schemes abusing the small house policy:
1. Upon receipt of applications for small house developments the Lands Department should consider the transaction history of the site(s) involved. Suspicious cases should be examined in detail.
2. Group applications by “dings” on behalf of developers should be rejected. Only applications made by individual applicants should be considered.
3. The intention of the applicant to live in their small house must be considered including a study of their immigration records to determine whether applicants ordinarily reside in Hong Kong. Only ordinary residents should be allowed to apply.
4. Details of applications for small houses must be made public with an online database showing the applicant, an overview of the land transactions and current status, and the progress of the applications.
5. When considering draft plans and applications, the Town Planning Board and the Planning Department must take into account the land transaction history. This is essential in ensuring that the Board does not aid and abet front men schemes.
6. To prevent government officials from breaching the law, ICAC is drafting recommendations on how the Lands Department can minimize risks when handling applications which create development values. We call for the report to be disclosed to the public. It should not be restricted to the Lands Department. A detailed review should be published so that the general public can better understand how front men schemes can be prevented.
Apple Daily: http://goo.gl/Bpsr5n
(Photo credit: Conservancy Association)
Protect Pak Sha O – Click and object to zoning:http://protectskpso.weebly.com/
Deadline for comments is 4 February.
We urge you to help the Conservancy Association protect the cultural and architectural landscape and ecology of Pak Sha O, a historic hakka village located in the Sai Kung West Country Park.
In December 2015, a draft Outline Zoning Plan (S/NE-PSO/1) was published for public consultation. It shows where small house developments will be permitted. Surprisingly, it is exactly the land already sold to Xinhua Bookstore Xiang Jiang Group Limited. The Planning Department says that they are responding to villagers’ claims that a large area is needed for small house developments.
But their demand is highly suspect. Records show that villagers sold their agricultural land to Xinhua some 5 years ago. Records also show that recently Xinhua “sold back” the land to villagers who have “ding rights”. Are these villagers acting as frontmen for the developer? Is the demand for small houses genuine or simply a scheme for development profits?
It is a mystery as to why the Planning Department is aiding and abetting this obvious frontmen scheme recently found to be illegal by the District Court. The boundaries of the area the Planning Department is proposing for small houses is near exact the land bought by Xinhua!
We call on the community to object to this blatant development scheme. Help the Conservancy Association by completing the on-line form http://protectskpso.weebly.com/
Just a coincidence? The visual above shows the land bought by Xinhua (pink areas), the land subsequently sold back to villagers in whose names recently applications were submitted for small houses (red dots), and the boundary (brown line) of the proposed v-zone, the area where construction of small houses would be permitted in the future if the Town Planning Board approves the proposal form the Planning Department.
For more information, please see on-line reports (in Chinese) from the Conservancy Association:
Protect Pak Sha O– Click and object to zoning:
(A/SK-TLW/1; A/SK-TLW/2; A/SK-TLW/3; A/SK-TLW/4; A/SK-TLW/5)
Dear Chairman and Members,
I object to planning permission for the development of five houses as this will impact the natural and cultural heritage of Tai Long Wan, and contravene the planning intention as agreed under the Outline Zoning Plan for Tai Long Wan (S/SK-TLW/5).
We, the undersigned, hereby petition the HKSAR Chief Executive, C.Y Leung to:
1) Abolish the divisive, discriminatory, outdated and unsustainable Small House Policy without any further delay
or, at the very least:
2) Amend the SHP without undue delay so that the SHP no longer applies within Country Park boundaries