Speech by the Secretary for Planning, Environment and Lands,
Mr Bowen Leung, in resuming the Second Reading of the
Town Planning (Amendment) Bill 1998 in the Provisional Legislative Council

Wednesday, March 25, 1998


Madame President,

I am grateful to Mr Yuen Mo and Members of the Bills Committee for the time and effort in examining this Bill.

To cope with increasing pressure for development, it is essential that the Government is able to deliver timely the necessary land for both housing as well as key infrastructure. It is with this objective in mind that the Secretary for Transport and I have proposed a co-ordinated package of amendments to various Ordinances with a view to streamlining the existing statutory procedures.

The Town Planning (Amendment) Bill 1998 aims to impose a statutory time-limit of nine months within which objections to a draft plan should be fully considered. This is also the main proposal of the Foreshore and Sea-bed (Reclamations) (Amendment) Bill 1998 on which I would be speaking later and that of the Roads (Works, Use and Compensation) (Amendment) Bill 1998 introduced separately by the Secretary for Transport.

I am grateful to the Bills Committee for agreeing with the objective of time-limiting the period for consideration of objections and sharing our view that the Bill is essential.

During discussions at the Bills Committee, Members expressed concerns over one provision of the Bill which gives the Chief Executive a discretionary power to extend the nine-month period, if necessary. The rationale behind the extension provision is to cater for exceptionally complicated cases such that no objectors would be deprived of a fair hearing because of a lack of sufficient time. This is a principle of natural justice that needs to be protected. Some Members, however, were worried that this might open up a leeway for objectors to get round the nine-month statutory limit, thus undermining the fundamental objective of the Bill. Having fully considered the legal implications and taken into account Members' concerns, we agreed to accept Members' suggestion of imposing a statutory limit of six months on the extension. With the support of the Bills Committee, I shall move a Committee Stage Amendment to the Bill to give effect to this additional time-limit.

Unlike the other two Ordinances, the Town Planning Ordinance stipulates more elaborate procedures for hearing objections. To enable the Town Planning Board (TPB) to fullfil the nine-month requirement, we have also proposed that the TPB be empowered to set up Committee(s), if necessary, to expedite hearings of objections. There have been considerable discussions at the Bills Committee on this proposal.

Let me clarify that all objections to draft plans would be first considered by the full TPB. Subject to the circumstances of each case, the Board may decide to hear the objections itself or to delegate its authority to the proposed ad hoc Committees, set up from among its own Members. The Board would have flexibility in determining the number of Committees to be set up and in appointing Members with relevant background to hear particular cases. The power of delegation is discretionary, not mandatory, and there should therefore be no question of small Committees usurping the power of the TPB. I am glad that Members of the Bills Committee have agreed that this is both an efficient and pragmatic means to enable the TPB to complete consideration of objections within nine months as far as practicable.

Some Members have also commented on the piecemeal nature of this Bill. Let me reassure this Council that the Government is firmly committed to overhauling the Town Planning Ordinance and would revert to this Council with a comprehensive package of proposals as soon as possible. This Bill is essential now as it ties in with similar amendments to other Ordinances I mentioned earlier to expedite statutory procedures that are essential to the future development of Hong Kong. I am grateful for the Bills Committee's understanding of this point.

In the course of the examination by the Bills Committee, we discovered two minor drafting errors in the Bill. Members of the Bills Committee agreed that they do not involve any policy issue and supported our proposed drafting amendments. With the Bills Committee's support, I shall move two separate Committee Stage Amendments to rectify the drafting errors and I shall explain in my later speech these drafting amendments in greater detail.

I urge Members to vote in support of the Bill.

Thank you, Madam President.