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Following is a question by the Hon Kam Nai-wai and a written reply by the Secretary for Transport and Housing, Ms Eva Cheng, at the Legislative Council meeting today (November 12):
Question:
It is learnt that the vehicular tunnel located beneath Garden Road, which connects Cheung Kong Center with Citibank Plaza, is a non-exclusive vehicular right of way and is required to be open for public use. However, the management companies of the two buildings installed vehicle gates and a traffic light near the exits of that access tunnel a few months ago, resulting in a longer journey time for vehicles using that tunnel. In this connection, will the Government inform this Council whether the above management companies had applied to the Transport Department and the Lands Department before installing the vehicle gates and the traffic light; if so, of the date on which the applications were made and the reasons for approving the applications; if not, whether the Government will examine if the installations are in breach of the terms of the land lease concerned or the relevant provisions of the Road Traffic (Traffic Control) Regulations (Cap. 374 sub. leg. G); if the installations are found to be in breach of the Regulations, whether the Government will institute prosecution, and whether the Commissioner for Transport will order the management companies to remove the above installations immediately?
Reply:
President,
According to the lease conditions governing Citibank Plaza, the owner of Citibank Plaza shall permit the owner and the occupiers of Cheung Kong Center, their bona fide visitors, and persons using the public car park within Cheung Kong Center, passage by motor vehicles only (except construction vehicles) through the "Non-exclusive Vehicular Right of Way" connecting Cheung Kong Center and Citibank Plaza. The recent installation of the vehicle gate and traffic lights within the lot boundary of Citibank Plaza near the exit of the "Non-exclusive Vehicular Right of Way" by the management company of Citibank Plaza does not contravene the aforesaid lease conditions.
According to the Road Traffic (Traffic Control) Regulations (Cap 374G) and Specification of Traffic Signs and Road Markings for Private Roads Notice (Cap 374P) (traffic control regulations), for installation of traffic lights on private roads, prior approval from Transport Department (TD) is required, unless they are placed on alternate one way roads and comply with regulations under relevant legislation and directions specified in the "Code of Practice for Private Roads" drawn up by TD. The management company of Citibank Plaza has not obtained TD's approval before installing the traffic lights. According to the traffic control regulations, TD may by notice in writing require the owner of a private road to remove traffic lights installed on private roads within a specified period. As for vehicle gates installed on private roads, normally no application to TD is required if they comply with the directions in the "Code of Practice for Private Roads".
Upon learning the installation of the traffic lights by the management company of Citibank Plaza, TD immediately contacted and wrote to the management company, drawing the latter's attention to the relevant traffic legislation and the company's responsibility, and requested the management company to rectify the situation. TD also reminded the management company of the department's power to require the removal of any unpermitted traffic signs in accordance with the law. In this regard, the management company had replied to TD indicating that they would remove the vehicle gate and traffic lights shortly. At the same time, in view of the recent influx of vehicular traffic, it has been examining the introduction of other traffic management measures on the private roads within its premises (including the installation of automatic vehicle gates), so as to enhance road safety. TD is in the process of examining the proposed measures in accordance with the law and providing technical advice.
Ends/Wednesday, November 12, 2008
Issued at HKT 11:56
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