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1 - HKU Libraries - The University of Hong Kong

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4*70 Compensation considerations aside, theconversion <strong>of</strong> the streets to EVA is also expected to meetwith objections from the ground level shopowners since itwill debar them from any loading and unloadingactivities, making their business non-viable.4.71 This Office understands that the PSRC has givenits careful and thorough consideration before deletingthose private streets from the resumption programme.Whilst it is a plus for the FSD if those streets can beresumed and the illegal structures as well as theillegally parked vehicles can be removed, the BD'sposition is that those illegal structures would usuallynot pose immediate danger. <strong>The</strong> PSRC therefore considersit inappropriate for the Administration, at theinvitation <strong>of</strong> the street owners, to take over themanagement responsibilities <strong>of</strong> those streets andeventually have to pay out multiple compensations. It isthe responsibilities <strong>of</strong> the street owners to keep theirenvironment clean and tidy. <strong>The</strong> Administration's longestablished policy on compensation relating to theresumption <strong>of</strong> private streets is that it will paystatutory compensation (in accordance with Roads (Works,Use and Compensation) Ordinance, Cap. 370 and Crown LandsResumption Ordinance, Cap. 124) if the claim isunforeseen before the resumption and is subsequentlyfound justifiable.4.72 <strong>The</strong>refore, when confronted with a large knownscale compensation, the PSRC will usually delete thestreet from the programme. Up to the present, theAdministration has not paid any compensation under thePrivate Street Resumption Programme. Whilst appreciatingthe above-mentioned practical considerations, this Officehas noted that the Administration also adopts a flexibleapproach to see what could be done within the existingresources and procedures whenever the resumption <strong>of</strong> aprivate street could not proceed due to the EVA problem.Examples are the cleansing and drainage services providedby the government departments concerned, on a costrecoverybasis, in these private streets. Such, however,are not related to fire safety issues.Previous Proposals <strong>of</strong> Legislative Amendments4.73 In view <strong>of</strong> the inadequacy <strong>of</strong> the BO to dealwith building plans where suitable EVAs were not-" 53 -

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