問人生… …

問人生… …

我問時間：怎樣才能留住你？

時間說：你走過的每一步路，愛過的每一個人，做過的每一件事，其實都有我的印記。

冬季護膚方法大全

冬季護膚方法大全 精致女人一定要看

更多健康護膚及減肥瘦身資訊：https://goo.gl/EfMyTN

　　一到冬季，皮膚會變得比較敏感脆弱，這個時候，不能隨便盲目護膚，亂用護膚品。不同的季節的護膚方法都不同，要了解好季節護膚的常識，找到適合自己的護膚產品，才能保持肌膚水潤健康。以下收集了有關冬季護膚方面的相關重要常識，還不了解的姐妹們趕快看下哦!

一位媽媽寫給叛逆兒子的信，（有孩子的家長一定聽一聽）

一位媽媽寫給叛逆兒子的信，（有孩子的家長一定聽一聽）

大蒜存放不好很容易發芽？教你大蒜保存一年不發芽的妙招

大蒜存放不好很容易發芽？

教你大蒜保存一年不發芽的妙招

生活小妙招：大米儲存放了它，再也不會生米蟲！

米蟲最討厭它，把它放在米缸裏，大米儲存一年都不長蟲不發霉

牙膏加上白醋沒想到有這麼厲害的清潔效能，看完我馬上跟著做，省錢又好用！

牙膏加上白醋沒想到有這麼厲害的清潔效能，看完我馬上跟著做，省錢又好用！

賭神大叔3把牌贏180萬，金盆洗手教人千術識騙局

兩分鐘简單自製清潔劑，只花一兩元錢即可，有效去除廚房油污漬！

輕鬆剝大蒜的方法，一分鐘能剝一大袋

埃及金字塔至今未解8大之迷： 難道金字塔是外星人協助下建造的嗎？

雞蛋營養豐富，但是不能和這3種食物一起吃，會嚴重影響健康

天空突然出現了一張可怕的臉！感覺時間都靜止了.... ...

18種時尚圍巾系法 ---讓您這個冬季 既時尚又不臃腫

                                          更多健康護膚及減肥瘦身資訊：https://goo.gl/EfMyTN

減肥利器：看完這視頻後您還敢胖下去嗎？！

正在進行減肥的您，看完了這視頻還敢亂吃東西嗎？！....科科

10分鐘瘦腿美腿操：簡單三個動作即可快速塑造立體美腿

10分鐘瘦腿美腿操：簡單三個動作即可快速塑造立體美腿

更多健康護膚及減肥瘦身資訊：https://goo.gl/EfMyTN

修長均勻的大長腿，是每個女生的夢想，不過，一些先天和後天因素的影響，導致了不少女性瘦腿夢的破滅。同時，也讓一部分女生背上了大象腿的包袱，不僅十分影響氣質，而且也讓自己的穿衣搭配受到影響。其實，想要擁有均勻的大長腿非常簡單，下面就來為大家介紹10分鐘瘦腿美腿操。

科學減肥瘦身：7種效果最好的減肥方法

科學減肥瘦身：7種效果最好的減肥方法

你知道快速減肥方法的有效方法嗎？ 下面就為大家帶來7種效果最好的減肥方法，一起來看看吧。

美容彩妝小常識：粉餅的六大功效

美容彩妝小常識：粉餅的六大功效

粉餅的作用是什麼？粉餅有什麼用？現在我們就一起來看看粉餅有什麼作用吧！

皮膚美白就要做對這四步

皮膚美白就要做對這四步

美白的產品買了不少，可是效果並不好。是什麼原因呢？因為你做錯了這4點，所以永遠都達不到你的白皙肌膚的標準。

減肥小常識: 這7個導致肥胖的生活習慣你有嗎？！

減肥小常識: 這7個導致肥胖的生活習慣你有嗎？！

我們日常生活中有很多養成的習慣，有些時候這些習慣會讓我們吃些大虧，比如拿減肥來說，有些飲食不好的習慣就很容易讓我們致胖，下面就去看看生活中這7個致胖的習慣有哪些。

怎樣吃燕麥片減肥～煮著吃效果最好

怎樣吃燕麥片減肥效果最好？

燕麥片減肥原理

營養飽腹

燕麥生長在1000米以上的高海拔地區，生長環境非常寒冷。造就了燕麥片高蛋白低熱量的特性；同時燕麥片中富含大量的具有可溶和不溶性粗纖維，能大量吸收人體內的膽固醇並排出體外。燕麥片中的高粘稠度可溶性纖維，能減慢胃部消化時間，讓人感到飽腹感。所以很多人吃完燕麥片後就會感覺很長時間都不餓，和以前吃飯的感覺完全不一樣了。攝入的脂肪少了，身體自然而然就會瘦下來。

呼啦圈可以瘦腰嗎?

呼啦圈可以瘦腰嗎? 

呼啦圈 當然 可以瘦腰，不過需要延長運動 時間 而且是持續性的運動，達到有氧運動的階段，這樣就可消耗身體儲存的脂肪及過多的熱量。

腹部減肥~5個懶人腹部減肥有效方法

腹部減肥~5個懶人腹部減肥有效方法

腹部減肥，腹部的肉肉怎麼減最快？現在就與大家分享懶人腹部減肥的最最快方法，幫助大家擺脫小肚子困擾。

搏擊減肥操

生活隨想: 美國專業營養師整理出來的15個最強懶人減肥法

生活隨想: 美國專業營養師整理出來的15個最強懶人減肥法: 美國專業營養師整理出來的 15 個最強懶人減肥法 減肥不用節食或瘋狂運動的 15 個懶人日常輕鬆減肥方法 減肥最重要的就是堅持，但是很多人無法堅持運動和合理飲食，懶人瘦身法應運而生，只要你能在日常生活中融入這 15 個減肥方法，讓你“瘦”益無窮！ ...

生活隨想: 健康減肥：收腹減肥法 每天堅持3分鐘就能減掉大肚子

生活隨想: 健康減肥：收腹減肥法 每天堅持3分鐘就能減掉大肚子: 收腹減肥法 每天堅持 3 分鐘就能減掉大肚子 收腹減肥簡單有效，主要有: 呼吸瘦腹 、 收腹走路 和 坐姿收腹 三種方式。只要每天堅持收腹 3 分鐘，腹部的贅肉就能消失掉哦，趕緊試試吧。

健康減肥：收腹減肥法 每天堅持3分鐘就能減掉大肚子

收腹減肥法 每天堅持3分鐘就能減掉大肚子

收腹減肥簡單有效，主要有:呼吸瘦腹、收腹走路和坐姿收腹三種方式。只要每天堅持收腹3分鐘，腹部的贅肉就能消失掉哦，趕緊試試吧。

適合東方女性的科學減肥膳食最佳模式

適合東方女性的科學減肥膳食最佳模式

人體的能量主要來源碳水化合物，而食用過量的脂肪就等於增加過量的體重。

科學家研究發現，同樣吃某些食物，有的女性越吃越胖，另外的卻體重適中，原因自然很多，但與食物搭配是否科學合理不無關係。科學家們將此規律歸納為甲乙兩公式：

這樣減肥只會越減越肥～減肥的8個誤區

這樣減肥只會越減越肥～減肥的8個誤區

很多朋友每天都在不停的減肥，堅持運動，而且在飲食上也一直控制，吃的都是些低熱量的食物，可是減肥的效果並不理想，甚至有些人還出現了越減越肥的狀態。為什麼會這樣呢?其實這是因為他們掉進了減肥的誤區，方法錯誤，自然效果不好，下面就來介紹下減肥的8個誤區。

美國專業營養師整理出來的15個最強懶人減肥法

美國專業營養師整理出來的15個最強懶人減肥法

減肥不用節食或瘋狂運動的15個懶人日常輕鬆減肥方法

減肥最重要的就是堅持，但是很多人無法堅持運動和合理飲食，懶人瘦身法應運而生，只要你能在日常生活中融入這15個減肥方法，讓你“瘦”益無窮！

想要瘦身的念頭人人有，但往往總是「心有餘而力不足」，不是半途而廢就是無疾而終。

地政署 産業主任（Estate Officer （SO））招聘面試 Past 168 interview Questions

地政署 産業主任（Estate Officer （SO））招聘面試 Past 168 interview Questions

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地政署 產業主任（Estate Officer （SO））招聘面試 Past interview Questions for 201X年招聘 --- Part 1

Part 4  Technical Questions

Question 1.      Introduce the 5 Valuation methods

1) Direct comparison Method is the most widely used method in Hong Kong as well as other mature markets. The property under consideration is directly compared with similar properties which have been sold recently, and a valuation is arrived at on the basis of such comparison. The reason behind this method is that the best evidence of value is the price paid for similar properties. This method works well in a place like Hong Kong which has an active and well-publicised property market, but if and only if the market works reasonably rationally. Direct comparison is also quick and straightforward, and is the best method for valuing standardised units in housing estates. Even if a valuer uses other methods he will invariably have recourse to the method of comparison as well.

2) Investment Method; its simplest form is to sum up all future (discounted) rental income. This is a very logical assertion of property value as no one will buy a property at a price that is higher than the total income it can generate. On the other hand, no owner will sell at a price that is smaller than the total income the property can generate, or he may as well keep the property for rental income himself. The process of summation is called capitalisation which takes the present values of these future rental incomes into consideration. In an inflationary economy, it is normally expected that a dollar receivable this time next year is worth less than the same dollar today. The basic logic in investment appraisal is therefore the understanding that money has a time value. Hence, the present value (PV) of one dollar receivable after n years at an interest rate (or discount rate) is obtained by means of a mathematical formula. This process is called discounting. In the process of summing up all the future discounted rental values (assuming rental continues to be receivable in the long run), we can apply a simple formula by dividing the current annual market rent of that property by the market yield of that class of property. Hence, the higher the expected income, the higher the expected capital value of the property.

3) The profits approach is used for valuing operating commercial properties, especially hotel properties, and is based on the assumption that the value of some properties will be related to the profits generated from their use. The predominant consideration in this valuation method is the nature of the business activities carried on in the property. The aim of the method is to find the portion of the profits of the business going into the rent. The rent is then used to find the capital value.

4) Contractor’s Method is seldom used and is used sometimes as a last resort

to value the type of properties which rarely change hands and for which there are few or no comparables, e.g. hospitals, town halls, schools, libraries, churches and other such buildings. In this method, the value of the property is equal to the value of the site (for that specific purpose) plus the estimated cost of replacement of the building, or the cost of rebuilding a structure for the same functional use.

5) Residual method: In theory, demand for land is a derived(衍生) demand, which means that purchasers’ demand for properties to be built on land makes land itself a valuable asset for a developer to bid for. As such, land value is a residual value. In the residual method of valuation, an estimate is made of the value of the completed development, called the gross development value (GDV). From that, deductions are made to cover the costs, including building costs, bank interest, professional fees, marketing and agency expenses, contingencies, administrative charges for purchase of the site, etc., as well as the developer’s profit, and the residue is the value of the land, the maximum bid price that can be paid by the developer.

The following factors all affect the development potential and value of a piece of land:

i) _ Area of land: generally speaking, the smaller the land the lower the efficiency ratio of the building on the land, i.e. the ratio of saleable floor area to the gross floor

area (GFA) of the building.

ii) _ Site classification: there are three kinds of sites, namely, class A, class B and class C sites, and they all have different permitted site coverage and plot ratio.

iii) _ Density zoning: there are three density zones, and permitted site coverage and plot ratio are different for each zone.

iv_ Lease restrictions: as the Government is the ultimate owner of all land, it is empowered to impose restrictions on the use of land. The restrictions in a government lease on permitted user, site coverage and plot ratio may vary from lease to lease.

v_ Zoning and other restriction such as Maximum Plot Ratio as stipulated in respective Outline Zoning Plan: this would affect the permitted site coverage and plot ratio of the building.

vi_ Amalgamation of sites: if two adjoining sites can be amalgamated, the development may become more profitable.

Question 2.      How to assess the land value by using residual method?

In the residual method of valuation, an estimate is made of the value of the completed development, called the gross development value (GDV). From that, deductions are made to cover the costs, including building costs, bank interest, professional fees, marketing and agency expenses, contingencies, administrative charges for purchase of the site, etc., as well as the developer’s profit, and the residue is the value of the land, the maximum bid price that can be paid by the developer.

Question 3.      What is Planning S.16 Application?

According to Section 16 of the Town Planning Ordinance (TPO), Section 16 applications are required (to seek a planning permission) where the proposed use is listed under "Column 2" of the Notes of the Outline Zoning Plan, or as is required under the "Remarks" section of the Notes. This means that it is a use or development which can be permitted only at the discretion of the TPB. If the use is listed under "Column 1", then it can be done without a Section 16 application. Uses under "Column 2" require an application so that the TPB can be sure that it is appropriate in the location.

The TPB can also impose conditions that make sure the development is acceptable. These conditions could relate to the landscaping of the site, the setting back of the building to provide a wider public foot path, or the need to conserve and manage an ecologically sensitive environment.

Planning Review:   Any applicant who considers the TPB’s decision on an application to be unsatisfactory may apply for a review of that decision under Section 17 of the Ordinance. The decision may be unsatisfactory because one of the approval conditions is considered unreasonable, or the application may have been rejected. An application for a review must be made within 21 days of receiving the TPB’s written decision (from the date of the written reply).

Planning Appeal:    Under Section 17B(1), following a rejection of a Section 17(1) Review, there is one further opportunity for an appeal of that decision provided by the Town Planning Appeal Board (Appeal Board). The applicant can ask the Appeal Board to reconsider the TPB’s decision if he considers that the decision is wrong or unreasonable.

Question 4.      What is Rezoning?

Rezoning means to request the Town Planning Board to amend a statutory town plan (being a ‘draft plan’; or an ‘approved plan’) in force, exercising its powers to make plans under s.3(1), so that the proposed use can be carried out or may be carried out directly or after a successful planning application.

This (Rezoning) may arise when the proprietor業主finds that there is no possibility of developing the use without contravening違反the town plan as a matter of course under Column 1, or making a planning application under Column 2 to the Notes (or cover pages) of a statutory town plan.  

e.g.:

1)   把位於鞍駿街的一塊用地，由「住宅（乙類）3」地帶改劃為「政府、機構或社區」地帶。  Rezoning of a site at On Chun Street from “Residential (Group B)3” (“R(B)3”) to “Government, Institution or Community” (“G/IC”).

Question 5.      What is Planning Intention

It refers to the purpose for a given land use zone. Or, the overall town planning development goal of a given land zone.

It is decided according to the public interest.

Question 6.      The definition of Class of Site in Hong Kong / definition of Class A , B & C site according to Building (Planning) Regulations

“class A site” (甲類地盤) means a site, not being a class B site or class C site, that abuts on one specified street not less than 4.5 m wide or on more than one such street;

“class B site” (乙類地盤) means, subject to paragraph (2), a corner site that abuts on two specified streets neither of which is less than 4.5 m wide;

“class C site” (丙類地盤) means, subject to paragraph (2), a corner site that abuts on three specified streets none of which is less than 4.5 m wide.

(a) a corner site shall not be regarded as abutting on 2 specified streets unless at least 40 per cent of the boundary of the site abuts on the streets; and

(b) a corner site shall not be regarded as abutting on 3 specified streets unless at least 60 per cent of the boundary of the site abuts on the streets.

Question 7.      The definition of Street in Hong Kong

The permitted site coverage and plot ratio for a building to be erected on a site is determined according to the class of the site, which in turn depends on the number of streets not less than 4.5m wide that the site abuts.

Question 8. If a site doest not abut upon a street 4.5 or wider, the Building Authority how to determine the height of the building, its site coverage and plot ratio?

Where a site does not abut upon a street 4.5m or wider, the Building Authority may determine the height of the building, its site coverage and plot ratio.

Normally, the Building Authority will determine that any new building may not exceed the volume of the building which already exists on the site.

However, there have been cases in which the Building Authority have allowed a higher density, taking into account the volume of buildings on nearby lots.

Question 9. (Section 16(1) of the Building Ordinance) The grounds upon which the Building Authority may refuse/ reject to approve plans

Section 16(1) of the Building Ordinance ----Grounds on which approval or consent may be refused:

The Building Authority may refuse to give his approval of any plans of building works where—

(d) the carrying out of the building works shown thereon would contravene the provisions of this Ordinance or of any other enactment, or would contravene any approved or draft plan prepared under the Town Planning Ordinance (Cap 131);

(g) the carrying out of the building works shown thereon would result in a building differing in height, design, type or intended use from buildings in the immediate neighbourhood or previously existing on the same site;

(p) in the case of building works to be carried out on a site which in his opinion ought to be provided with streets having adequate connexion (聯接)to a public street, he is not satisfied that such streets are or will be provided; (Added 59 of 1973 s. 2. Amended L.N. 159 of 1990)

It is worthy of note that building plans must be approved by the Building Authority unless the grounds for refusal are such as are mentioned in Section 16 of the Building Ordinance.

If the submitted building plans do not conform to the conditions of a Land Lease, the Authority may not refuse to approve the building plans, although the SAR Government may be able to secure compliance by other means, e.g. an injunction or re-entry.

Question 10.     The role of Building Department , Town planning board/ Planning Department, Lands Department in land development

In Hong Kong, land development is basically constrained (限制) by three types of development control, namely planning controls such as statutory control and non-statutory guidelines, outline zoning plans in the urban areas and development permission areas in rural areas; building controls as stipulated by the Building Ordinance and Building (Planning) Regulations; and the lease controls laid down specifically for each individual piece of land sold.

Building Department is the executive arm (執行機構) of the Building Authority to carry out the building controls. 

Planning Department is the executive arm of the Planning Authority to carry out the planning controls. 

Lands Department is the executive arm of the Land Authority to carry out the lease controls. 

Question 11.    related to the contents of lease

Normally, a current land lease includes 3 main parts: (1) the particulars of the subject lot; (2) General conditions of sale; and (3) Special conditions. Usually, main items in Special conditions are Building Covenant, User Clause, Master Layout Plan and Development Conditions.

As one of the development controls in Hong Kong (i.e. Lease Control), Land leases stipulates the duties and obligations of leaseholder. The leaseholder (i.e. private owners) have to meet the development requirements such as 1) lease term, 2) permitted uses, 3) maximum building height, 4) minimum and maximum gross floor area/ plot ratio, 5) maximum permitted site coverage…etc.

Question 12.   What is lease modification?

(a) Lease modification is a permanent variation of restrictions under Government leases or land grants.

(b) Waivers are temporary permissions granted by Lands Department to relax restrictions under Government leases or land grants.

(c) Government leases, under which all private property in Hong Kong is held, usually contain restrictions as to the uses which the land or buildings may be put. Where a leaseholder wishes to carry out activities for a permanent/temporary period which do not comply with his lease conditions, he should apply for a lease modification/waiver from the Lands Department to permanently vary/temporarily relax the restriction(s) under the lease. If the lease modification/wavier application is approved, the Government, as landlord, will require the leaseholder to pay a premium reflecting the enhanced value of the property/a fee reflecting the enhanced value of the property for the period of the waiver.

Question 13.   What is the modification premium?

The modification premium charged to the modification seeker represents the enhancement in value (or the difference in the ‘after’ and ‘before’ value of the best permissible use) due to the approved modification.

Question 14.   What is temporary Waiver?

http://www.landsd.gov.hk/en/legco/pamphlet.htm

Any departure from lease conditions must obtain prior approval from the Lands Department. Otherwise, the property will be liable to lease enforcement action.

Waivers are temporary permissions granted by Lands Department to relax restrictions under Government leases or land grants.

Government leases, under which all private property in Hong Kong is held, usually contain restrictions as to the uses which the land or buildings may be put.

Where a leaseholder wishes to carry out activities for a temporary period which do not comply with his lease conditions, he should apply for a waiver from the Lands Department to temporarily relax the restriction(s) under the lease.

If the waiver application is approved, the Government, as landlord, will require the leaseholder to pay a fee reflecting the enhanced value of the property for the period of the waiver. Additional relevant conditions related to the new use of the property may also be imposed.

Broadly speaking waivers can be categorized into two types:

A)  Those directly affecting land.
For example, to permit relaxation of the user restriction or the erection of structures in respect of agricultural land;

and

B)  Those concerning buildings.
For example, to allow commercial activities in industrial buildings.

Waivers are normally granted for a term of one year and thereafter quarterly until terminated by either Government or the leaseholder by giving three months notice.

Occasionally, waivers may be granted up to a maximum of three years with further extension subject to approval.

Question 15.   What is temporary Waiver fee?

If the waiver application is approved, the Government, as landlord, will require the leaseholder to pay a fee reflecting the enhanced value of the property for the period of the waiver. Additional relevant conditions related to the new use of the property may also be imposed.

In accordance with current policy, waiver fees for the two types of waivers are assessed on the following basis :-

1)   Those waivers affecting land

1a)  In the Urban Areas, waiver fees are assessed on the annual difference in full market land value before and after the waiver is granted.

1b)  In the New Territories, waiver fees are assessed by multipling the total area of the concerned land by a standard rate on an individual lot basis.

2)   Those waivers concerning buildings

The waiver fee is equal to the difference in annual rental value of the premises before and after the issue of the waiver letter.

3)   Waiver fees are generally re-assessed every three years albeit some waiver letters may entitle Government to revise the fees annually or after the prescribed notice period.

Question 16.     What is Government Rent地租?

Different Types of Government Rent

As from 1 July 1997, there are four different types of Government rent collected from different leaseholders depending on the terms of their respective Government leases, namely,

(a) zone Government rent, which is usually a nominal amount, payable throughout the lease term as stipulated in the Government lease;

(b) Government rent payable during the renewal term of a renewable Government lease which is subject to the Government Leases Ordinance, Cap. 40;

(c) Government rent equal to 3% of the rateable value from time to time of the land leased, which is assessable under the Rent Ordinance ; and

*(the Government Rent (Assessment and Collection) Ordinance, Cap. 515 (referred to here as the “Rent Ordinance”) was enacted on 30 May 1997)

(d) concessionary Government rent, which is usually a nominal amount, payable for qualifying interests held by New Territories indigenous villagers continuously since 30 June 1984, as provided for under the Rent Ordinance .

The Lands Department is responsible for the collection of zone and concessionary Government rents, i.e. types (a) and (d) above. For Government rent of type (b), Rating and Valuation Department is responsible for assessing the rent and notifying the Lands Department of the assessment for billing and collection. The Rent Ordinance is administered by the Rating and Valuation Department, which is solely responsible for the assessment and collection of Government rent of type (c).

Question 17.     What is the CC 滿意紙 and OP佔用許可證/入伙紙?

A Certificate of Compliance is issued to the registered owners when all the positive obligations imposed under the General and Special Conditions of the land grant/sale documents have been complied with to the satisfaction of the Director of Lands.

* “必須履行的責任” (positive obligations)

Normally, any application received for the issue of the Certificate could be processed in parallel with the processing of the issue of the Occupation Permit by the Buildings Department, where applicable.

Occupation Permit (Occupation Permit, commonly known as OP), completed the construction of buildings, building inspection by the Buildings Department to meet the structural safety requirements, and issues occupation permits.

As regards new buildings, the department scrutinises and approves building plans, carries out audit checks on construction works and site safety to meet the structural safety requirements and issues occupation permits upon completion of new buildings. 對於新樓宇，屋宇署負責審核及批准建築圖則，就建築工程及地盤安全的事宜進行審查，以及在新樓宇落成後發出佔用許可證。

入伙紙(Occupation Permit)

當發展商把樓宇建成後，便會向屋宇署申請入伙紙(Occupation Permit)。屋宇署收到有關的申講後，便會派員檢驗該物業或屋苑是否合乎法律的規定，如走火通道的設計是否合乎消防條例；此外，亦會檢查物業的圖則，看建築結構是否合乎標準。若物業能合乎有關的要求，屋宇署便會批出入伙紙。

如為非住宅用途，留意在入則時的指定用途，例如：

1.     Shop For Non-Domestic Use

2.     Office For Non-Domestic Use

3.      Restaurant For Non-Domestic Use

4.     Kitchen For Non-Domestic Use

如實施用途違反入伙紙上的規定用途，在不會違反地契及大廈公契約的情況下，可重新入則（ADDITION & ALTERATION PLAN）申請改變用途。

Question 18.     (Definition of technical terms) What is Plot Ratio, Site Coverage, GFA, SA and Density Zones?

GFA

SA :

Saleable Area shall include Balcony and other similar features such as Verandah and Utility Platform. The area of such features shall be measured from the exterior of the enclosing walls but excluding the full thickness of such enclosing walls which abut on the unit.

Plot Ratio : is the ratio of the total gross floor area of the building to the area of the site. (PR=GFA/Site Area)

Site Coverage: means the percentage of the site that is covered by buildings.

Density Zones: For the purposes of residential development control, the territory is divided int defined density zones. Residential Zone 1; Residential Zone 2; Residential Zone 3 and Residential Zone 4.

Question 19.     Lease Enforcement in Hong Kong

(LI  Section K – 1)

As all land in Hong Kong is leased from Government lease enforcement of conditions, covenants, etc. is essential to maintain the correct planned use of land and buildings.

Authority: In general terms the authority to enforce the lease conditions is implied within the terms of the agreement.  However there is also additional legislation to assist in lease enforcement such as the Land (Miscellaneous Provisions) Ordinance, Cap. 28 and Government Rights (Re-entry and Vesting Remedies) Ordinance, Cap. 126. The Director of Lands has the authority to administer the various provisions under these Ordinances.

Policies have been formulated to deal with (a) the control of unauthorised use of buildings; (b) re-entry of land and premises where owners will not comply with lease covenants; (c) forbearance to re-enter; and (d) procedures to regularise certain tolerated non-conforming uses (e.g. Short Term Waiver STW).

In some circumstances it may be appropriate to advise the owner to apply for a modification/waiver of his lease to allow such use but otherwise lease enforcement action will be taken.

Question 20.     Land Resumption in Hong Kong

A)    Government may acquire private (leased) land for public purposes either by resumption or by negotiation with the landowners.  A public purpose may be :

a road scheme (involving the construction of a new road wholly or partly on private property);

a new market; an open space;

a fire station or housing estate;

or any item in the Public Works Programme where private (leased) land is required; the redevelopment of an area to a greater density or for different purposes;

the implementation of an OZP; a CDA or a planned layout; either by Government,

the Housing Society or the Urban Renewal Authority.

B)    Private land can be acquired by proceedings under a number of ordinances, including (but not exclusively):

(a) the Lands Resumption Ordinance, Cap 124;

(b) the Roads (Works, Use and Compensation) Ordinance,

Cap 370;

(c) the Railways Ordinance, Cap 519; and

(d) the Water Pollution Control (Sewerage) Regulation, Cap 358.

C)    Resumption under Lands Resumption Ordinance, Cap 124

This Ordinance enables Government to acquire private land required for "a public purpose". Resumption for "a public purpose" as defined under Section 2 of the Ordinance, Cap 124 would be recommended to the Chief Executive in Council only after the Secretary for Justice confirms that in her opinion the proposed use to which the site is to be put is indeed a public purpose.

Resumption is normally initiated by Lands Department at the request of other Government departments for implementation of Public Works Programme items and from quasi-government organisations for the purpose of implementing developments such as public housing according to an approved Outline Zoning Plan or Master Layout Plan. Consultation will be made with relevant District Councils (which may also comprise Chairmen of the Rural Committees in the district) for all projects involving resumption and clearance. Views from public consultations and written objections are fully taken into consideration by ExCo in reaching its decision.

D)  Compensation

Persons affected by land resumption will, subject to eligibility, be offered ex-gratia land compensation. If they do not accept the offer, they may make statutory claims.

Statutory Compensation

When land is resumed, the Ordinance under which the legal interest is extinguished or affected provides for payment of compensation. The compensatable interest is specified by the particular Ordinance and if the offer of ex-gratia compensation is not acceptable to the former landowners, they may submit statutory claims. If the amount of the claim cannot be agreed, either the claimant or Government may refer the claim

to the Lands Tribunal for a final determination. Interest on statutory compensation is payable by Government from the date of resumption until the date of payment.

According to Section 10 of Lands Resumption Ordinance, Cap 124, the compensation (if any) payable on the basis of-

(a) the value of the land resumed and any buildings erected thereon at the date of resumption;
(b) the value of any easement or other right in the land resumed, owned, held or enjoyed by a claimant at the date of resumption;
(c) the amount of loss or damage suffered by any claimant due to the severance of the land resumed or any building erected thereon from any other land of the claimant, or building erected thereon, contiguous or adjacent thereto;
(d) the amount of loss or damage to a business conducted by a claimant at the date of resumption on the land resumed or in any building erected thereon, due to the removal of the business from that land or building as a result of the resumption;
(e) in the case of land resumed under an order made under section 3 on or after the commencement of the Crown Lands Resumption (Amendment) Ordinance 1984 (5 of 1984)-

(i) the amount of any expenses reasonably incurred by him in moving from any premises owned or occupied by him on the land resumed to, or in connection with the acquisition of, alternative land or land and buildings, but excluding any amount to which paragraph (d) applies;
(ii) the amount of any costs or remuneration mentioned in sections 6(2A) and 8(4). (Added 5 of 1984 s. 5)

Moreover, according to Section 12(d) of Lands Resumption Ordinance, Cap 124, the value of the land resumed shall be taken to be the amount which the land if sold by a willing seller in the open market might be expected to realize. (i.e. Full Market Value) 被收回土地的價值，須被視為由自願的賣家在公開市場出售該土地而預期變現可得的款額

For Reference only:

L.I. E - 8

B. Heads of Claim

Heads of Claim	Cap. 124	Cap. 370 (Schedule Pt. I & II)	Cap. 276 (First Schedule)	Cap. 127
(1) Land resumed	Open Market Value (OMV) of interest in land at date of resumption (S.10-12)	Same as Cap. 124 (Item 1, Pt. II)	Same as Cap. 124 (Item 1, Pt. I)	No provision
	Urban Area
	A. Owner-occupied
	Cleared Site Value (CSV) less all statutory sums for business loss/disturbance and removal expenses if any paid to the owner or such ex-gratia allowances if any paid to the owner in lieu of the statutory sums, or Existing Use Value (EUV)
	B. Tenanted
	(i) Site value, deduct tenants' interest and demolition costs from CSV to allow for delivery of VP & demolition; or
	(ii) EUV subject to tenancies
	C. Old scheduled agr. lot
	Standard rate (gazetted in G.N.), see App XLVII & LI E9 part B (3)A.

4.96

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L.I. E - 8

Heads of Claim	Cap. 124	Cap. 370 (Schedule Pt. I & II)	Cap. 276 (First Schedule)	Cap. 127
(1) Land Resumed (Cont'd)	D. Old scheduled bldg. lot Standard rate approved by F.C., but not gazetted in G.N. see App. XLVII & LI E9 part B (3)B.
	N.T. E. Agr. land Standard basic rate (gazetted in G.N.), see App. XLVII & LI E9 part C (8)A.
	F. Bldg. land Valuation + Standard basic rate (gazetted in G.N.), see App. XLVII & LI E9 part C (8)B Valuation follows bases at A & B above.
	G. When a portion of a building lot is affected, refer to LI E9 part C (8)C.

4.96

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Heads of Claim	Cap. 124	Cap. 370 (Schedule Pt. I & II)	Cap. 276 (First Schedule)	Cap. 127
(4) Injurious affection	No provision	No provision	No provision	Amount of loss suffered (S. 12)
(5) Disturbance	(i) Business loss as the result of total extinguishment or removal of the business from the resumed property; may be temporary or permanent (ii) Loss on forced sale of fixtures and fittings, plant, machinery and stock (iii) Expenses involved in the removal to alternative premises (iv) Surveyors fee and any legal costs involved in the resumed property. (S.10(2)(d) & (e))	As for Cap. 124 and disturbance payment for disturbance resulting from - (i) creation of easement(Item 2, Pt II) (ii) severance (Item 3, Pt II) (iii) Road Closure or extinction, modification or restriction of a private right in respect of road under S.17 (test on adverse affect may be by way of comparing the restrictions on accessibility imposed under the traffic management scheme before and after the closure, modification, or extinction in the absence of data on pedestrian/ vehicular traffic flow). (Item 4, Part II)	As for Cap. 124 and disturbance payment for disturbance resulting from - (i) creation of easement (Item 2, Pt I) (ii) structural damage to bldg resulting from construction or operation of MTR (Item 6, Pt I) (iii) damage to land or bldg resulting from the exercise of S.12 power, i.e. preventive & remedial works (Item 7, Pt I)	No provision. "Injurious affection" arguably does not include disturbance.
		(iv) extinction of private right over Crown foreshore or sea-bed (Item 5, Pt II)

4.96

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L.I. E - 8

Heads of Claim	Cap. 124	Cap. 370 (Schedule Pt. I & II)	Cap. 276 (First Schedule)	Cap. 127
(5) Disturbance (Cont'd)		(v) physical damage to land or bldg resulting from road works (Item 6, pt II)
		(vi) physical damage to land or bldg resulting from the exercise of S.19 power, i.e. inspection preventive works (Item 7, Pt II) (vii) exercise of S.21 power, i.e. removal of object or structure (Item 8, Pt II)
Note: Business loss/trade claims and related loss and expenses may be claimed under these Ordinances and includes loss of goodwill, loss of profit and or removal of fixtures, fittings, plant, machinery and stock, except Cap. 127.

Question 21.     RAILWAYS ORDINANCE (Cap.519) Section 22, 32 and Part II of the Schedule (附表)

Resumption of Land under the Railways Ordinance, Cap 519

This Ordinance provides for publication of a proposed railway scheme, objections to the scheme, the authority to authorize the scheme and powers to resume land and to create rights of occupation of land etc. The procedures for land resumption under this Ordinance are essentially the same as those under the Roads (Works, Use and Compensation) Ordinance, Cap 370.

Section 22 - Closure of roads封閉道路等: (give the Authority to undertake road closure)

Sub-Section (1) The Secretary may, for the purposes of or incidental to the scheme, in relation to any road, Government foreshore or sea-bed described in the scheme, by order-

(a) authorize the closure or substantial alteration of the road or part of it either permanently or temporarily;
(b) authorize the reclamation of or other works over or upon the Government foreshore or sea-bed;
(c) declare that, or the extent to which, and the time at, or duration for which, any public or private right in, upon, under or over the road, Government foreshore or sea-bed is extinguished, modified or restricted.

Sub-section (1) 局長可藉命令為方案或其附帶事宜的目的，就方案描述的任何道路、政府前濱或海床

Section 32 - Compensation補償: (give the right to the affected person to claim a compensation)

Sub-section (1) The right to compensation referred to in section 31 is the right to recover from the Government for the matters set out in column 1 of Part II of the Schedule a sum assessed on the basis specified in column 2 and with regard to Part I of the Schedule, subject to-

(a) the claim being served on the Secretary within the period specified in column 4 of Part II of the Schedule; and
(b) the other provisions of this Ordinance.

Part II of the Schedule (附表) Item 4

	Matters for which compensation may be claimed	Basis on which compensation is to be assessed	Persons who may claim compensation for their respective losses	Period within which the claim must be served on the Secretary
4.	(a) The closure of, or extinction, modification or restriction of a private right in respect of, a road or part of a road under section 22 of this Ordinance, so that access to any land is adversely affected.	(a) The expense fairly and reasonably incurred in remedying or mitigating the effect of such closure, extinction, modification or restriction, as far as may be practicable, and any diminution in the open market value of the claimant's interest in the land after such expense has been incurred.	(a) Any person owning a compensatable interest in the land.	(a) Before the expiration of 1 year from the closure, extinction, modification or restriction.

Question 22.   Short Term Tenancies

The Administration’s policy is that where there is vacant government land which has not been designated for a specific use or is not required for development in the near future, it will take the opportunity to make the land available through STTs for temporary use.

The STT policy objectives include:

(a) ensuring temporary beneficial use of the land which would help reduce the cost of preventing the land from unlawful occupation or environmental/health problems;

(b) obtaining revenue from what would otherwise be idle land resources; and

(c) establishing a system of temporary tenure which can be administered easily, fairly and cost effectively.

根據政府的政策，未有預定用途或在短期內不會發展的空置政府土

地，會以短期租約的方式，批出作臨時用途。短期租約政策的方針包括：

(a) 確保土地作有效益的臨時用途，以免土地遭不合法佔用，或引起 環境／ 生問題，從而減省政府開支；

(b) 善用閑置的土地資源，為政府帶來收入；及

(c) 確立易於管理、公平且符合成本效益的臨時租地制度

The Lands D grants STTs by:

(a) Open Tender. Land that is likely to be of general commercial interest is let by open tender. Examples include STTs for stores, fee-paying public car parks, plant nurseries and golf driving ranges;

(b) Direct Grant. STT may be granted directly where the land is of no general commercial interest and there is only one interested party. Examples of uses include works areas required for public projects or by utility companies, and sites for non-profit-making activities by charitable/non-profit-making organisations for which policy support by the relevant policy bureau has been given;

(c) Regularisation of unauthorised occupation of government land. When unlawful occupation of government land without structures is detected by the Lands D, it may be regularised under certain circumstances by the issue of an STT to the occupier at market rent. The Lands D considers that this is a pragmatic way of resolving the unlawful occupation problem of government land  and obviates the need for deploying considerable manpower in conducting frequent inspections to prevent its re-occupation; and

(d) Conversion from Government Land Licence/Permit. Since the mid-1970s, it has been the Government policy to convert old land licences to STTs to effect better land control. The land licences were issued in the past to regularize squatters in the rural areas of the New Territories or for other specified purposes and are rarely issued nowadays.

地政總署以下列方式批出短期租約：

(a) 公開招標 商界一般可能感興趣的土地，都會以公開招標方式租出。這類短期租約的例子包括存放場、收費公眾停車場、苗圃，以及高爾夫球練習場；

(b) 直接批地 商界一般不感興趣而且只有單一人士或機構感到有興趣的土地，便可能會直接批出短期租約。這類土地用途包括公共 工程或公用事業公司所需的工地，以及慈善／非牟利機構的非牟 利活動用地，而有關決策局在政策上已給予支持；

(c) 規範非法佔用政府土地 如地政總署發現有人非法佔用政府土 地，而土地上未有搭建物，該署可在某些情況下按市值租金向佔 用人批出短期租約，整頓有關情況。地政總署認為這是務實的方 法，解決某幅政府土地被非法佔用的問題，亦免卻動用不少的人 手經常視察，以防該幅政府土地再遭佔用；及

(d) 由政府土地租用牌照／許可證轉換 自七十年代中期，政府採取 的政策，是把舊有的土地租用牌照轉換成短期租約，以便更有效 實施土地管制。昔日，發出土地租用牌照的目的，是要整頓新界 鄉間的寮屋或對某些特定用途的土地批出牌照，但現今已甚少批 出這類牌照。