HKR proposes that members of the public shall have full access to the open space at Areas 6f and 10b. The Town Planning Board should pay due attention to the relevant provisions under the Land Grant and the DMC when considering these proposals.
If the proposals for provision of public open space are approved, the TPB should set out clear conditions specifying that HKR and HKR alone shall be responsible for all maintenance and management of the public areas. This is the established practice in DB, and must be maintained in all future developments.
As described in the Director of Audit Report from 2004, HKR has an obligation to provide public recreational facilities (PRF) in DB, and to this end has provided the Beach, Plaza, Central Park, hiking trails and cycle paths.
Until 2012, HKR unjustly forced the owners and residents of DB to pay for the upkeep of the PRF through their management fees. This injustice was finally righted in 2012, with the signing of an Undertaking between HKR and the SAR Government at the behest of Lands Department. This Undertaking mandates that HKR shall be solely responsible for the management and maintenance of the PRF throughout the term of the Land Grant.
There is no provision whatsoever under the DMC that gives HKR the right to force the owners of residential units in DB and their tenants to maintain any open space or facilities for the benefit of the general public.
In response to comments on this point during the first round of public consultation on the proposed developments at Area 6f and Area 10b, HKR gave vague and conflicting replies.
If approval is given for creation of public space at Areas 6f and 10b, the TPB must ensure that the principles established by the Undertaking are upheld. Specifically, any area that will be open to the public must be classified as PRF, and all the terms and conditions of the Undertaking applied.
Please feel free to copy some or all of the above when replying to the TPB. Don’t wait until your submission is “complete”. You may make multiple submissions at any time on different topics, up to the 15 July deadline.