The Buildings Department has requested the owner of Times Square to comply with the Deed of Mutual Covenant and to open up the ground floor of the shopping mall for pedestrian access as well as leisure area.

The request came after citizens complained that they were being expelled by security guards of the building when they were hanging around at the open area in front of the mall.

The department discussed the matter with the management of Times Square and the latter agreed to review its execution of the covenant, Director of Buildings Department Cheung Hau-wai said on a Commercial Radio program yesterday.

Times Square officially opened in 1994. The developer has agreed with the government that the piazza would be classified as public open space which can be used for leisure, pedestrian access and exhibitions.

According to the covenant, the developer is obliged to provide a total of 32,000 square feet for open space, and 3,010 square meters for public passive activities.

However, a notice at the shopping mall states that the piazza is a private area.

"I agree that transparency is necessary (to classify and manage the areas for public use)," Cheung said. "We will discuss with Times Square how to clearly classify the areas for pedestrian access and open space for passive activities."

Manager of Times Square said on the radio program that the management will consider putting benches in the area for the elderly and disabled, and allowing passive activities which would not create disturbance to pedestrians. The department will also suggest planting trees around the public space.

Times Square reiterated that it has managed the space according to the deed of mutual covenant. Yet the manager admitted that it was wrong for the staff to rent out part of the public space to a coffee shop chain some time ago.

Cheung said the department had ordered the property owner of Times Square to shut down the cafe once they were informed about the misconduct.

Regarding the complaints that citizens were asked to leave the piazza, the manager said the management of security guards might have acted inappropriately due to the company's obscure guidelines, or the concerned security guards might have been "over-enthusiastic".

But the company never instructed them to expel any pedestrians, the manager added.

Legislator Sin Chung-kai suggested the government take away the rental income from exhibitions at the public space, and fine anyone who violates the covenant.

Director of Lands Department Annie Tam Kam-lan said a list containing 150 properties which were constructed after 1997 and were obliged to provide public open space will be announced by the end of March for public enquiry.

Any citizen who is denied entry to such public areas can lodge complaints with the Lands Department, Tam added.

(HK Edition 03/05/2008 page1)