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Following is a question by the Hon Fred Li Wah-ming and a written reply by the Secretary for Transport and Housing, Ms Eva Cheng, in the Legislative Council today (April 14):
Question:
It has been learnt that as part of the listing requirements, The Link Real Estate Investment Trust ("The Link REIT") had given an undertaking to the Hong Kong Housing Authority ("HA") that it would carry out in phases the upgrading of the fire safety installations in the retail and car parking facilities under its management, so as to comply with the latest requirements under the Fire Safety (Commercial Premises) Ordinance (Cap. 502). In this connection, will the Government inform this Council:
(a) whether it knows the number of the upgrading projects of fire safety installations that The Link Management Limited ("The Link"), which manages The Link REIT, has originally undertaken to carry out in phases, and in how many phases the projects will be completed; among them, the respective numbers of projects which have been completed and have not yet been completed and the details (including the contents of the projects, the completion dates originally pledged, and the actual or expected completion dates) of the projects, listed by the housing estate where the facilities are located; among them, the number of facilities which comprise public space; according to current progress, when all the upgrading projects will be completed;
(b) whether the Fire Services Department has issued any fire safety direction to The Link on grounds that the shopping arcades and car parking facilities under its management have failed to comply with the requirements under the Fire Safety (Commercial Premises) Ordinance; if so, of the details, including when The Link was required to complete all the necessary upgrading projects of fire safety installations and the details of such projects, listed by the housing estate where the facilities are located; and
(c) whether the authorities have assessed the fire hazards the public face in using shopping arcades or car parking facilities for which the upgrading projects of fire safety installations have not yet been completed; if so, whether HA, as the manager of the Deed of Mutual Covenant, has required The Link to complete the upgrading projects by a specified deadline; if so, of the details?
Reply:
President,
Having incorporated the inputs of the Housing Department and the Security Bureau, my reply to the three-parts question is as follows:
(a) and (b) Since the listing of The Link Real Estate Investment Trust (The Link REIT) in November 2005, The Link Management Limited (LML) is responsible for the management of its estates. As in the case of other prescribed commercial premises (Note) under private ownership, those under The Link REIT shall have fire safety upgrading works carried out as required by the Fire Safety (Commercial Premises) Ordinance (the Ordinance) in four phases as delineated by the age of the prescribed commercial premises. The Fire Services Department (FSD) and the Buildings Department (BD) will conduct joint inspections of the prescribed commercial premises at the beginning of each phase and issue fire safety directions (the directions), subject to the inspection results, to require owners to complete fire safety upgrading works by the deadline specified in the directions.
According to the agreement between the Hong Kong Housing Authority (HA) and the LML, the HA will be responsible for the first two phases of the fire safety upgrading works required by the Ordinance. Prior to the listing of The Link REIT, the first two phases of the works were largely completed. Only part of the works remained to be followed up upon the listing of The Link REIT. In this connection, the HA has earmarked provisions for reimbursements made by the LML on works carried out. As far as the works in the second phase are concerned, all have been completed except for some building services works in Wan Tsui Estate which may affect tenants and need to be carried out in parallel with other upgrading works. The LML will undertake both the third and the fourth phases of the fire safety upgrading works at its own expense. The progress of inspections of premises under The Link REIT conducted by the FSD and the BD, and the progress of the related fire safety upgrading works, are set out in the Annex.
In dealing with the fire safety upgrading works for prescribed commercial premises under The Link REIT, the FSD and the BD adopt the same standards applicable to those premises under other private ownership. The FSD and the BD meet with The Link REIT regularly to discuss the progress of the fire safety upgrading works being carried out in compliance with the Ordinance. According to the information provided by the FSD and the BD, the progress of The Link REIT in complying with the directions is comparable to that of other prescribed commercial premises under private ownership.
(c) The purpose of the Ordinance is to provide better protection from the risk of fire for occupants and users of, and visitors to, premises and commercial buildings. The FSD and the BD have completed inspections for the first to the third phases, and commenced in March 2010 inspections of 38 prescribed commercial premises and 55 other commercial facilities under The Link REIT in the forth phase. The FSD and the BD expect to complete the joint inspections in four to five years, and will issue directions on the inspected premises to occupants of the premises after inspection.
Since the divestment of the shopping centres and car parks in 176 public housing projects to The Link REIT in late 2005, the HA has acted as the Deed of Mutual Covenant (DMC) manager (the Manager) in 91 of these public housing projects. The HA in accordance with its powers and duties under the DMCs, manages the "Common Areas" of these projects, executes the provisions of the DMCs and ensures the owners' compliance with the DMCs. According to the DMC, "Common Areas" means the areas intended for the common use and benefit of the housing estate as a whole.
There are no "Common Areas" in the prescribed commercial premises under the management of the LML. As specified above, prescribed commercial premises under the management of the LML are regulated by the Ordinance. The LML has to ensure that the premises under its management comply with all fire safety statutory requirements, and conduct fire safety upgrading works according to the directions issued by the relevant departments when necessary. Statutory authorities under the Ordinance will undertake proactive follow-up actions.
Note: "Prescribed commercial premises" refer to a building or part of a building with a total floor area exceeding 230 square metres of which is used, or is proposed to be used as bank; off-course betting; jewelry or goldsmith's business on premises that have a security area; supermarket, hypermarket or department store; or shopping arcade.
Annex
Progress of Inspection and Improvement Works for Prescribed Commercial Premises under The Link REIT:
Inspection Programme Progress Phases I and II
The Fire Services Department (FSD) and the Buildings Department (BD) have completed the joint inspections and issued a total of 45 fire safety directions (directions) to The Link REIT. All fire safety upgrading works in Phase I have been completed. As for Phase II, apart from some building services works in Wan Tsui Estate which may affect tenants and need to be carried out in parallel with other upgrading works, all other upgrading works have been completed.
Inspection Programme Progress Phase III
The FSD and the BD have completed the joint inspections on all 43 prescribed commercial premises (premises) covered under Phase III. The two Departments started issuing directions to The Link REIT from September 2009. As at March 31,2010, a total of 33 directions have been issued. The earliest expiry date of these directions is October 2010. Among the directions issued, 12 have already been complied with.
Inspection Programme Progress Phase IV
The FSD and the BD have commenced the joint inspections in Phase IV in March 2010. A total of 38 premises and 55 other commercial facilities will be covered in this Phase. The two Departments expect that the joint inspections would be completed in four to five years. Directions would be issued to the occupants of the relevant premises after the inspections throughout this period.
Ends/Wednesday, April 14, 2010
Issued at HKT 13:10
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