****************************************

Following is a question by Dr the Hon Tang Siu-tong and a written reply by the Secretary for Housing, Mr Dominic Wong, in the Legislative Council meeting this afternoon (Wednesday):

Question: Will the Government inform this Council:

(a) of the public rental housing estates-sold under the Tenants Purchase Scheme ("TPS estates"), which are or will soon be managed by private property management companies ("PMCs"); and

(b) of the institutions responsible for enforcing against hawkers trading within the TPS estates and the ordinances which authorise these institutions to enforce hawker control; and, if PMCs are responsible for hawker control,

(i) whether it is stipulated that prior approval from the Housing Department must be obtained before PMCs take enforcement action against hawkers; if so, of the approval procedure involved, the details of and the reasons for the stipulation; and

(ii) of the government department from which assistance can be sought when PMCs encounter difficulties in enforcing against hawkers?

Reply:

Madam President,

Twelve estates have been sold under the Tenants Purchase Scheme (TPS) and they are all managed by the Housing Authority. None of them will soon be managed by private property management companies.

Since TPS estates are private properties, like other private developments, they are managed in accordance with the Deeds of Mutual Covenant (DMC) which empower their manager (the Housing Authority for the existing 12 estates) to enforce hawker control in the estates.

According to Section 18 of the Building Management Ordinance (Cap. 344), an owners' corporation (OC) has the duty to maintain the common parts of the building in a state of good and serviceable repair and clean condition, and shall do all things reasonably necessary for the enforcement of obligations contained in the DMC for the control, management and administration of the building. The Housing Authority will be responsible to the OCs when formed, and will act according to the DMCs of the estates. The same will apply to private property management companies if they are engaged by the owners in future to manage the estates. There is no need to obtain prior approval from the Housing Department before these companies take enforcement action against hawkers.

If these companies encounter difficulties in enforcing the DMCs in the aspect of hawker control, they may seek assistance from the Food and Environmental Hygiene Department or, if necessary, the Police.

End/Wednesday, January 5, 2000

NNNN