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Following is a reply by the Secretary for Security, Mr Ambrose S K Lee, to a question by the Hon Cyd Ho Sau-lan in the Legislative Council today (March 3):
Question:
It has been learnt that the United Services Recreation Club ("USRC"), which is located within the Gun Club Hill Barracks, used to be a recreation club for the former British Garrison in Hong Kong and their family dependents. It was owned and administered by the British Garrison in Hong Kong before 1997, and its ownership was subsequently handed over to the People's Liberation Army Hong Kong Garrison ("PLA Garrison") after the handover of sovereignty in 1997. At present, USRC is a private club which generates profits by collecting membership fees and monthly subscriptions, and it is administered by a private company with its membership open to application by the public. In this connection, will the Government inform this Council:
(a) if it knows whether the site at which the aforesaid club is situated is a military site under the management of the PLA Garrison with defence purposes; whether the authorities have collected from USRC or the PLA Garrison any fee, rent or rates, etc.;
(b) if it knows whether the PLA Garrison has participated in the management of USRC and shared its profits; if it has assessed whether the PLA Garrison has contravened the requirement under the Law of the People's Republic of China on the Garrisoning of the Hong Kong Special Administrative Region that stationed forces are prohibited from engaging in profit-making operating activities in whatsoever manner; if an assessment has been conducted, of the outcome; and
(c) if it knows whether there are military sites under the management of the PLA Garrison which are currently used for purposes unrelated or not directly related to defence; if there are, whether the authorities have planned to acquire such sites and categorise them as "Government, Institution or Community" sites?
Reply :
President,
(a) The United Services Recreation Club (USRC) is situated within the Gun Club Hill Barracks in Kowloon. Before July 1, 1997, under the direction and control of the British Garrison, it mainly provided recreational facilities and services for its members with its membership open to the general public. The purpose of the operation of the USRC was not to earn profits. The facilities were run by the Club on its own which was financially independent.
The Exchange of Notes between the Government of the People's Republic of China and the Government of the United Kingdom in 1994 on the arrangements for the future use of the military sites in Hong Kong provides that "[f]rom July 1, 1997, the United Services Recreation Club will continue to enjoy the use of all facilities on the same terms as at present. Its membership will remain open to civilians. The commanding officer of the Chinese garrison or his representative will assume the responsibilities for the direction and control of the Club." Therefore, since July 1, 1997, in accordance with its past mode of operation, the USRC has continued to be run by the Club on its own to provide recreational facilities and services at the same location.
The USRC is required to pay to the Government an annual fee for a Certificate of Compliance under the Clubs (Safety of Premises) (Fees) Regulation (Cap.376, subsidiary legislation B) and rates under the Rating Ordinance (Cap. 116).
(b) According to our understanding, the Hong Kong Garrison of the Chinese People's Liberation Army, or the Hong Kong Garrison in short, neither takes part in the daily management of the USRC, nor shares any of the Club's income. Therefore, there is no question of the Hong Kong Garrison engaging in profit-making business activities. In this regard, the Hong Kong Garrison has not contravened the relevant requirement under the Law of the People's Republic of China on the Garrisoning of the Hong Kong Special Administrative Region (the Garrison Law).
(c) Article 14 of the Basic Law provides that the Central People's Government (CPG) shall be responsible for the defence of the Hong Kong Special Administrative Region. Article 5 of the Garrison Law provides that one of the defence functions and responsibilities of the Hong Kong Garrison is to control military facilities. The use of military sites is a defence matter for which the CPG and the Hong Kong Garrison are entirely responsible.
Article 13 of the Garrison Law provides that if the Government of the Hong Kong Special Administrative Region (HKSARG) requires for public use any part of the land used for military purposes by the Hong Kong Garrison, it shall seek approval of the CPG. The HKSARG shall in return provide land and military facilities for the Hong Kong Garrison at such sites as agreed to by the CPG, and shall bear all the expenses and costs entailed. At this stage, the HKSARG does not see a need to invoke Article 13 of the Garrison Law to acquire any military facilities or military sites being controlled by the Hong Kong Garrison.
Ends/Wednesday, March 3, 2010
Issued at HKT 16:41
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