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Introduction - HKU Libraries - The University of Hong Kong

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the same way as traffic enforcement by the issue <strong>of</strong> multiplepenalty tickets to similar <strong>of</strong>fenders. Owners must be given aclear and unambiguous message that UBW will not be tolerated andif they^ still choose to transgress in this area, they will beappropriately penalized financially until the UBW are removed.It is understood that this may involve extensive consultation,substantial legislative amendments and other administrativeconsiderations. Nevertheless, it is felt that the feasibility<strong>of</strong> adopting an equitable penalty scheme should be evaluated.Consideration could be given to imposing fixed penalty finesappropriately set according to the seriousness and incidence <strong>of</strong>persistence and/or repetition <strong>of</strong> the breach (es) against the moreserious breach (es) in addition to existing enforcement measures.For minor breach (es) in existing NTEHs, the same measures ascurrently applicable to new NTEHs could be adopted,5.6 Another effective determent may be the registration <strong>of</strong>the advisory letter against 'the property title at the LR. At themoment, DLO/Yuen Long is the only DLO that exercise suchregistration. <strong>The</strong> registration <strong>of</strong> the advisory letter and theLetter <strong>of</strong> Compliance after rectification with LR comes with a fee(normally about two hundred dollars) to be borne by Government.It is evident that when an owner wants to dispose <strong>of</strong> his propertywhich had been registered, he is more likely to purge the breachon his own accord so that the sale will not be jeopardized. ThisOffice feels that this practice should be exercised throughoutall DLOs. Arguably, the registration will have little effect ifthe owner has no intention <strong>of</strong> selling his property in theimmediate future but given the volatile property market in <strong>Hong</strong><strong>Kong</strong>, such encumbrances on future transactions will make theaverage owners think twice and take voluntary action to removethe UBW.5.7 This Office notes that most DLOs are provided with oneLease Enforcement Team as detailed in Chapter 4. DLO/Yuen Longhas two teams but they have to oversee a total <strong>of</strong> 130 scatteredvillages, DLO/Islands may have four teams on paper but theircurrent total strength is only four-and-a-half, including allranks and they have to cover four islands, viz. Lamma, PengChau, Cheung Chau and Lantau. It is worth mentioning again thatthe Lease Enforcement work on UBW in NTEH is only part <strong>of</strong> theteams' daily work as they have to also deal with UBW in multistoreybuildings and misuse <strong>of</strong> buildings. Other DLOs are notmuch better <strong>of</strong>f in staffing resources. Considering the size andnumber <strong>of</strong> villages in each district and the extent <strong>of</strong> the UBWproblem, the overall resources for lease enforcement actionsdoes appear to be totally inadequate.5.8 <strong>The</strong> need to resolve cases and take enforcement actionsquickly and decisively are obvious. Long unsettled cases^aredemoralising as the sense <strong>of</strong> accomplishment diminishes with time.Furthermore, slow progress means that cases may be handled bydifferent case <strong>of</strong>ficers due to staff changes. Continuity is lost- 25 -•

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