Buildings legislation needs review

Updated: 2012-08-01 06:58

(HK Edition)

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Buildings legislation needs review

Executive Councillor Fanny Law has confidence that Chief Executive Leung Chun-ying will forge ahead step by step with his governance blueprint and is not distracted by the swirling controversies surrounding his new administration. She also tells Joseph Li that it is good that Wang Guangya, Director of the Hong Kong & Macao Affairs Office, dispelled the rumor that the central government planned to replace Leung before the rumor spread.

Leung Chun-ying's administration has had a rocky beginning, with the CE himself embroiled in a furor over unauthorized building works on his property and an integrity crisis, while several principal officials encountered other problems.

Speaking to China Daily in an exclusive interview, Fanny Law, who worked closely with Leung through the election campaign and the preparation for the transfer of power, contends that the Buildings Ordinance is outdated and too severe in its application to minor building works which pose no hazard to structural safety. She has added her voices to the suggestion of many others in the community who want to review the ordinance.

She believes Leung had forgotten or was grossly negligent that he had erected unauthorized building works after moving into his residence over a decade ago.

"The law is rather harsh because any interior building works without approval of the Buildings Department are deemed illegal structures, but the government does not take enforcement action if they do not impede structural safety," she commented.

"I guess unauthorized building works are not the same as illegal structures. Many people carry out minor, unimportant interior works in their homes that pose no threat to structural safety. The Buildings Department will be very busy if approval is required for every single works project. It is time the government reviewed the ordinance.

"I trust the trellis was erected when he purchased the property. He had appointed professional people to seek approval for the covered walkway and the metal gate. But at that time, it was unclear if the trellis needed approval and it was possible that even the professional thought approval was not needed.

As to Leung's character, Law described the new Chief Executive as someone who is often misunderstood.

"He is a reserved person who works seriously, seldom talks, or laughs. Although he knows many people, he has not many intimate friends," she said. "Because of his close working relationship with the mainland, many say he is an underground communist party member who will clamp down on liberties in Hong Kong now that he has assumed office. But during the election campaign, his supporters as well as ordinary citizens were inspired by his ideas, and considered him a person of wisdom, ability, vision and heart and they obviously chose the most suitable person from the three candidates."

She voices her dismay over the controversies surrounding the new administration, but at the same time finds merit in the fact that the people of Hong Kong attach such great importance to the integrity of officials and vigorous efforts to stamp out corruption as two of Hong Kong's core values.

Law singles out another issue that damaged Leung's popular standing namely: the 'dinner party with triad members' which Law and two members of Leung's campaign staff attended.

"That dinner party with triad members, which later proved a fabrication, caused his popularity to plummet by 10 percent, while his integrity was put into question over the unauthorized building works," she said. "I am very much saddened by these two incidents. Yet I am proud because such strong reaction reflected people's high regard for integrity and anti-corruption, which are Hong Kong's soft power."

"In his (Leung's) understanding, there may be no such thing as unauthorized building works. There is no question of his integrity, but it is unfortunate that he is accused of concealing because he cannot explain the incident fully, given that an election petition is ongoing. That's why I always say 'justice delayed is justice denied'.

"Incidents of unauthorized building works involving senior officials broke out last year. If he intended to run in the election, why didn't he remove those works discreetly? You see Albert Ho (Democratic Party chairman) also removed the unauthorized building works in his home."

(HK Edition 08/01/2012 page4)