Treating the Symptoms - A Critical Review of ... - Civic Exchange

URA Ordinance vs.Urban Renewal Strategy18The legislation that defines the URA’s organizationalmechanism was determined before its guiding principles,the Urban Renewal Strategy, was finalized. The Ordinanceitself gives scant mention of the Strategy, simply stating that“The Secretary [of Planning and Lands] may prepare fromtime to time an urban renewal strategy for the purposes ofthis Part relating to the carrying out of urban renewal”. 42It makes no reference to the Strategy’s content, leaving itentirely open-ended.While a legislative text is not the appropriate venue fora lengthy discussion of policy aims, one would expectto find in it a description of the legal and administrativemechanisms used to accomplish the policy goals. However,while the Ordinance lists a variety of purposes for the URA,the only mechanisms described within it are those utilizedfor redevelopment.The purposes of the URA stated in the Ordinance are:(a) replace the LDC as the body corporate establishedby statute having the responsibility of improving thestandard of housing and the built environment ofHong Kong by undertaking, encouraging, promotingand facilitating urban renewal;(b) improve the standard of housing and the builtenvironment of Hong Kong and the layout of built-upareas by replacing old and dilapidated areas with newdevelopment which is properly planned and, whereappropriate, provided with adequate transport andother infrastructure and community facilities;(c) achieve better utilization of land in the dilapidatedareas of the built environment of Hong Kong andto make land available to meet various developmentneeds;(d) prevent the decay of the built environment of HongKong by promoting the maintenance and improvementof individual buildings as regards their structuralstability, integrity of external finishes and fire safety aswell as the improvement of the physical appearanceand conditions of that built environment;(e) preserve buildings, sites and structures of historical,cultural or architectural interest; andThe Ordinance describes the URA’s financial arrangementsand powers, the procedures required to initiate, implement,and gain planning approval for redevelopment projects,procedures for public objection, and procedures forresuming land. No specific mechanisms are described tofulfil goals (d) and (e) — promoting building maintenanceand preserving historical structures.It can also be noted that all of the purposes stated inthe Ordinance relate to the improvement of physicalinfrastructure. There is no mention of social or environmentalconditions, for example. Moreover, the clause aboutheritage preservation was not present in the original versionof the bill, but was inserted at the suggestion of the LegCosubcommittee in charge of studying the bill. 43This redevelopment-centred mechanism lies in sharpcontrast to the Urban Renewal Strategy, which tries tospell out more holistic goals. The Strategy states thaturban renewal is not a “slash and burn process”, and thata “comprehensive and holistic approach should be adoptedto rejuvenate older urban areas by way of redevelopment,rehabilitation and heritage preservation.” 44 It states thatits urban renewal approach should be “people centred”,and that the purpose of urban renewal is to “improve thequality of life of residents in the urban area” and “reduce thenumber of inadequately housed people”. 45(f) engage in such other activities, and to performsuch other duties, as the Chief Executive may, afterconsultation with the Authority, permit or assign to itby order published in the Gazette.