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Following is a speech by the Secretary for Planning, Environment and Lands, Mr Bowen Leung, in moving a resolution to amend the Fifth Schedule to the Buildings Ordinance in the Legislative Council today (Wednesday):

Madam President,

I move the resolution standing in my name in the Agenda.

2. The motion seeks to amend the description of Scheduled Area No. 3 in the Fifth Schedule to the Buildings Ordinance ("the Ordinance") to refer to the plans dated 29 June 1998 deposited in the Land Registry.

3. At present, Scheduled Area No. 3 is defined as "the railway protection areas along the Mass Transit Railway lines being the areas delineated and shown edged black on the plans numbered MT/RP/1 to 21, MT/G/113, MT/RP/30 to 42, MT/G/115, MT/RP/50 to 65, MT/G/310, EHC/RP/1 to 5 and EHC/019 dated 17 March 1992 signed by the Secretary for Planning, Environment and Lands and deposited in the Land Registry".

4. The railway protection areas are those within 30 metres from the edges of the Mass Transit Railway (MTR) structures. Any ground investigation and underground drainage works in Scheduled Area No. 3 fall within the definition of "building works" under the Ordinance. Pursuant to Section 14 of the Ordinance, such building works require the Building Authority's prior approval and consent for its commencement. This is to protect the MTR structures from being affected by the carrying out of the ground investigation and drainage works.

5. The plans to which the description of Scheduled Area No. 3 now refers do not reflect the changes that have been made to the existing MTR system since 1989 when the plans were last updated. The changes include additional entrances at Diamond Hill Station, Kowloon Tong Station and Wan Chai Station, and the relocation of cooling water mains at Lai Chi Kok Station. Moreover, the plans do not cover the railway protection areas for the Airport Railway comprising Tung Chung Line and Airport Express Line.

6. We have therefore prepared a new set of plans to replace the existing plans, the numbering of which has incidentally been amended to be MTR/G/1 to 3, MTR/RP/1 to 46, MTR/RP/50 to 66 and MTR/RP/101 to 170. The plans, which were dated 29 June 1998, were deposited in the Land Registry.

7. I urge Members to support this motion as this ensures that Scheduled Area No. 3 in the Fifth Schedule refers to the plans showing the latest railway protection areas for the MTR system.

8. Madam President, I beg to move.

End/Wednesday, July 22, 1998

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