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(i) Para. 6.2(9) : The recommendation is agreed. Althoughthis (the registration of breaches against propertytitles) may have a minimal effect on those NTEH whichare occupied by villagers and not for sale, it willdefinitely have a deterring effect on UBW.RESPONSE OF THE DIRECTOR OF BUILDINGSGeneral Comments7.2 The D of B notes that problems have been identified inthe DRR on UBW in NTEH. He agrees that the problems should beaddressed and in this light, welcomes the direct investigationand acknowledges that there were merits in principle in therecommendation of conducting a review. As to the scope of thereview and related matters, e.g. resources and the departmentsinvolved, further discussions within the Government arenecessary. He accepts the participation of BD in the review.Specific Comments7.3 The D of B also submitted the following specificcomments - .(a) Paras. 2.1 & 2.2 : The Buildings Ordinance(Application to the New Territories) Ordinance Cap.322 was repealed on 16 October 1987. NTEH builtbefore this date required no Certificate of Exemption.(b) Paras. 2.11 & 3*14(a) : Invoking the BuildingAuthority's powers under the Buildings Ordinance as aremedy for UBW in NTEH is only one of the possible.options. Other options should be explored, e.g.amending legislation and enhancing lease enforcementactions.(c)Paras. 3.15, 3.18, 3.19 & 3.20 : Great efforts weremade for two years by BD's front-line staff in the twotest cases (mentioned in the report). Much time wasspent on persuading the owners to remove the UBW.Arguing BD's position was necessary in the Land PolicyLiaison Committee/Heung Yee Kok, but the result wasdisappointing. One of the test cases was eventuallyresolved in October 1995 as reported in the DRR. Asregards the second case, the closure order applicationscheduled for 18 January 1996 was cancelled as theowner had started voluntarily to remove the additionalstorey. BD considers that the resources could bebetter utilised elsewhere in pursuit of the objectiveof building safety. The experience gained in thesetwo cases indicates that any success in takingenforcement action in NTEH depends very much upon theco-operation of the owners. They seem, however, to beunder the impression that the Government wouldtolerate UBW in NTEH for historical reasons. BD- 31 -