Paper for Provisional Legislative Council
Panel on Housing
Rectification of Defects at On Ning Garden
The purpose of this paper is to advise Members of the progress of the rectification of defects associated with site settlement at On Ning Garden.
2.The developer of On Ning Garden, Hening Investment Ltd., has undertaken to carry out maintenance and repair works caused by site settlement for a period of ten years (up to December 2000) at its own expense. Following a dispute between the developer and the owners of On Ning Garden, the Housing Department conducted an investigation into the cause of the 266 defects reported by the owners and found that 96 defects were caused by site settlement. As a result, the Housing Department demanded the developer to fulfill its agreement to rectify the 96 defects associated with site settlement within the following time frame:
- complete rectification of three urgent categories of defects with imminent hazards to common utility services by 28 November 1997; and
- complete rectification of the remaining defects by 26 December 1997.
3.At the Panel on Housing meeting held on 17 November 1997, the Government announced that if the developer failed to comply with the undertaking to rectify all defects associated with site settlement at its own expense within the prescribed time, the Housing Department would carry out those repair works and take legal action to recover costs.
4.The developer failed to meet the 28 November deadline for completion of the urgent repair works. In the light of this, the Housing Department deployed its maintenance contractor on the following day to commence the repair works. It is envisaged that the three urgent categories of defects will be rectified within four weeks and upon completion, repair works on the remaining defects will follow.
5.In order to ensure smooth progress of the repair works, the Housing Department has formed a liaison group with the owners corporation to co-ordinate arrangements for the repair works. The first liaison meeting was held on 27 November 1997. It will continue on a regular basis to resolve the problems involved in the repair works.