Submission of Town Planning Board on the Protection of the Harbour Bill
Background
The preliminary views of the Town Planning Board (the Board) on the Protection of the Harbour Bill (the Bill) were submitted to the Bills Committee on 17.4.1997. After the receipt of the Briefing Paper which sets out the background and arguments for the Bill, the Board deliberated in detail the Bill on 25.4.1997. The Board has the following views on the Bill.
Presumption Against Reclamation
Clause 3(1) of the Bill stipulates a presumption against reclamation in the harbour and contains a provision that no reclamation can be carried out except with the approval of the Legislative Council (LegCo) after a proposal from the Governor. Harbour reclamations have been playing an important role in meeting the demand for land for various uses and infrastructural facilities in the planning and development of Hong Kong. They have also provided opportunities to address environmental problems in their hinterland, for instance, in redressing shortfalls of open space and recreational amenities. The Board considers that by including a presumption against harbour reclamations, the Bill would unnecessarily fetter the range of options to resolve land use, transport and environmental problems that could be offered by reclamation. This would undermine the effectiveness and functions of the Board in discharging its statutory duties.
Functions of the Executive Council and the LegCo
Pursuant to the provisions of the Town Planning Ordinance (TPO), all statutory town plans including those covering proposed reclamations will be submitted to the Governor in Council for approval. Clause 4(1) of the Bill however stipulates that the Governor would make recommendations to the LegCo for the approval of reclamation proposals. This would transfer the responsibility of planning and land use development involving reclamation from the Board and the Executive to the Legislature.
Control over Reclamation Works
There are checks and balances on reclamation works. Since late 1995, the Administration has agreed that reclamation projects will not be authorized under the Foreshore and Sea-bed (Reclamations) Ordinance (FS(R)O) until after the completion of the statutory planning procedures including plan making, plan exhibition and consideration of objections under the TPO. The Governor in Council would consider all objections to the proposed reclamation under the TPO and the FS(R)O together in making a decision on a proposed reclamation. The Administration and the Board have also agreed on an administrative arrangement under which all future reclamation proposals would be submitted in the form of a list to the Board for consideration in advance to enable the Board to determine whether any proposed reclamation would need to be submitted to the Board for consideration in the form of a new statutory town plan or as an amendment to an existing statutory town plan. The Board would consider the land use proposals for the reclamation and scrutinise the extent of the reclamation as well.
Reclamation works are subject to public scrutiny again as and when they are submitted to the LegCo for inclusion as public works and for approval of funding.
The Briefing Paper points out that the LegCo has no control over some reclamation works which do not require public works and funding such as those implemented by the private sector. However, it should be noted that provision of infrastructure and other facilities to serve development on these reclamations would still require public works and funding which are controlled by the LegCo.
Procedures and Criteria for Consideration of the Reclamation Proposals by the LegCo
The Bill is silent on the procedures and criteria for the consideration of reclamation proposals by the LegCo. The absence of agreed procedures and criteria may bring town planning into time-consuming political arguments and will cause considerable delay to the reclamation projects and in turn the realisation of planning proposals. Most importantly, reclamation proposals may be considered by the LegCo in isolation without regard to the overall planning context. The Board considers that reclamations, like any other development proposals, should be considered at an early planning stage in a comprehensive manner taking into account the role they perform and the possible environmental, traffic and land use implications that they may cause, as well as any remedial or proactive measures that may be taken to complement them with their hinterland in achieving the overall planning objectives.
Workload of the LegCo
According to the Bill, reclamation includes any work over and upon any foreshore and sea-bed. Therefore, small-scale reclamation projects such as those for the construction of piers and utility facilities along the shoreline would also require the approval of the LegCo. This would subject a wide range of routine works to the approval of the LegCo. Given that the main functions of the LegCo are to enact laws and control public expenditure, urgent reclamation projects may be held up by the LegCo as a result of competing priorities and heavy workload.
Original Provision in the Bill to Subject Reclamation Proposals to the Approval of the Board
Paragraph 25 of the Briefing Paper states that the Bill originally required the Board, rather than the LegCo, to approve all reclamation proposals. The concerned clauses were dropped due to the charging effect that such an arrangement might cause. In fact, the original Bill did not empower the Board to approve all reclamation proposals but only those proposals which were required to provide essential infrastructural facilities. For proposals for purposes other than providing essential infrastructural facilities, approval from the LegCo is still required.
Reclamation is a Planning Issue
Reclamations are generally required to address certain land use, transport or infrastructural issues. The need or otherwise of a reclamation is primarily a planning issue which should be considered in a comprehensive manner having regard to the overall planning context. To separate decisions on reclamation proposals from the planning of the rest of Hong Kong is unwise. Under the TPO, the Board is charged with the statutory duties to prepare town plans for the reclamations. It is more appropriate also for the Board to consider whether there should be a reclamation in the first place and then to prepare the statutory town plan for it.
Planning issues related to reclamations should be considered at an early stage through the normal planning process which involves the preparation and exhibition of the statutory town plans for public inspection and consideration of objections, prior to a decision being made on the reclamation works.
Accordingly, it is proposed that the functions of the Board should be expanded to include making recommendations to the Governor in Council on reclamation proposals. The Administration should consider how this can be achieved expeditiously.
Establishment of a Strategic Planning Advisory Committee (SPAC)
Paragraph 13 of the Briefing Paper sets out a proposal for the appointment of a non-statutory SPAC to give advice on strategic planning issues. The proposal for appointing SPAC is not part of the Bill and therefore should not be considered together with the Bill. The Board has reservation on the need for SPAC as it would have significant implications on the functions and operation of the Board. It may cause conflict and constrain the Board in discharging its statutory duties if SPAC and the Board had different opinions on strategic planning issues including reclamation. The Board considers that strategic and local planning should be done in an integrated manner. Advice on strategic planning could be absorbed or taken up by the existing Board rather than a new body. The Board understands that matters related to strategic planning are under consideration in the review of the existing TPO.
The Bill as Temporary Measure
The Briefing Paper states that the Bill is put forward as a temporary holding measure. Once it is passed into law, it is not easy to repeal. It is not clear under what circumstances that the Bill will be repealed.
Composition of the Bills Committee
It may not be appropriate for the proponent of the Bill to sit as a member of the Bills Committee.
Conclusion
The Board appreciates the public concern on harbour reclamations. The issue has been discussed by the Board on several occasions and an administrative arrangement with the Administration has been agreed to enable the Board to consider reclamation proposals at the early planning stage. The Board has reservations on the Bill on the following grounds :
- reclamation proposals are primarily planning issues which should be addressed in an overall planning context rather than in isolation;
- the presumption against reclamation will unnecessarily fetter the range of options to resolve land use, transport and environmental problems that could be offered by reclamation;
- the Bill will transfer the decision-making power on planning and land use development involving reclamation from the Board and the Executive to the Legislature;
- the LegCo has the power to control reclamation works through approval or otherwise of public works and funding; and
- the Bill may cause considerable delay to the reclamation projects.
The Board considers that reclamation proposals are primarily planning issues. The Board proposes that, other than preparing statutory town plans for reclamations, the functions of the Board should be expanded to include making recommendations on reclamation proposals.
Town Planning Board
May 1997
Last Updated on {{PUBLISH AUTO[[DATE("d mmm, yyyy")]]}}
