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Section 6 of the Land (Miscellaneous Provisions) Ordinance (Cap. 28 of the Laws of Hong Kong) (the Ordinance) regulates unlawful occupation of unleased land. Its key relevant provisions include:
(1) If unleased land is occupied, otherwise than under a licence or a deed or memorandum of appropriation, the Lands Department (LandsD) may post a notice, requiring the occupation of the land to cease before a date specified in the notice (section 6(1));
(2) If the occupation of unleased land does not cease as required by the above mentioned notice, public officers or other persons acting on the direction of LandsD may remove persons from the land and take possession of any property or structure on the land (section 6(2));
(3) If a structure is being erected on unleased land, otherwise than under a licence or a deed or memorandum of appropriation, relevant public officers or other persons may, without giving any notice, remove any person or property from the structure, demolish the structure, and take possession of such property and of any property resulting from the demolition of the structure (section 6(2A)).
Under the Ordinance, the definition of the term "occupy" includes use, inhabit, be in possession of, enjoy, erect or maintain a structure on or over, and place or maintain anything on, land; while the definition of the term "structure" includes a stilt, platform, fence and any other thing erected on or over land (section 2). Moreover, the concerned parties may commit criminal offences and may have to bear any cost incurred in the exercise of statutory powers by the relevant authorities. Please refer to Annex for details.
From mid-December 2014 until now, marquees, tents and other properties have been unlawfully occupying the unleased land on the pavement of the relevant parts of Tim Mei Avenue, Legislative Council Road and Harcourt Road. The Government has repeatedly urged the relevant parties to remove the marquees, tents, properties and things as soon as possible. The Government has also stated clearly that it has the responsibility to protect the public's right to use the roads, as well as to ensure public safety, public order and public health. Since the repeated appeals have been ignored, the Government considers that it is now the appropriate time to take enforcement action to remove those marquees, tents, properties and things.
Following up on the unlawful occupation of unleased land on the pavement of Tim Mei Avenue and nearby areas (the said land) by the erection and placement of marquees, tents and other properties and things, LandsD posted a statutory notice on site this morning (June 22) pursuant to the Ordinance, requiring the concerned parties to cease the unlawful occupation before June 24.
LandsD urges the relevant parties to comply with the directions of the notice, to cease occupation of the said land and remove all marquees, tents and other properties and things before the deadline.
LandsD will take further enforcement actions any time after the deadline without further notice. Such further enforcement actions include removing marquees, tents and other properties and things from the said land. According to section 6(3) of the Ordinance, any structure, property and thing of which possession is so taken shall become the property of the Government. They will not be returned and may be dealt with as the authorities think fit.
Ends/Monday, June 22, 2015
Issued at HKT 09:45
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