LCQ10: Inadequate housing
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Question:
Under the Bedspace Apartments Ordinance (Cap. 447), a bedspace apartment (commonly known as a "caged home") means (i) any flat, or (ii) where the partitioning wall or walls between two or more adjoining flats in a building has or have been demolished, such two or more adjoining flats, in which there are 12 or more bedspaces used or intended to be used as sleeping accommodation under rental agreements. Any person who has not been issued with a certificate of exemption or a valid licence by the Bedspace Apartments Authority (i.e. the Secretary for Home Affairs) shall not operate, keep, manage or otherwise control a bedspace apartment. However, a grass-roots concern group has pointed out that as many as 5 000 people are estimated to be living in illegally operated bedspace apartments at present. On the other hand, the Director of the Hong Kong and Macao Affairs Office of the State Council said last month that it is hoped that by the time the country's second centenary goal is achieved, Hong Kong has bid farewell to subdivided units (SDUs) and caged homes. Regarding inadequate housing, will the Government inform this Council:
(1) whether it has compiled statistics on the current number of bedspace apartments in Hong Kong and the number of bedspaces provided in such apartments, with a breakdown by (i) the legality of the bedspace apartments and (ii) District Council (DC) district;
(2)whether it has compiled statistics on the respective current numbers of cubicle apartments and SDUs in Hong Kong, with a breakdown by DC district; and
(3) of the latest definition adopted for "SDU"?
Reply:
President,
In consultation with the Transport and Housing Bureau and the Development Bureau, the consolidated reply to the question is as follows:
(1) According to the extant laws of Hong Kong, operation of bedspace apartments is under the regulation of the Bedspace Apartments Ordinance (Cap. 447) (BAO). The purpose of the BAO is to ascertain that the premises intended to be used as bedspace apartments comply with structural and fire safety standards and the requirements on sanitary configuration, so as to ensure the safety of occupants and other users of the premises. Under the BAO, a bedspace apartment means any flat in which there are 12 or more bedspaces used or intended to be used as sleeping accommodation for individuals under rental agreements. Whether a premises is regarded as a bedspace apartment as interpreted under the BAO cannot be generalised, as it depends on the circumstances and the mode of operation of the case.
According to the records as at July 31, 2021 of the Office of the Licensing Authority (OLA) of the Home Affairs Department, there are eight bedspace apartments issued with a licence under the BAO, involving about 760 bedspaces in total. Among these bedspace apartments, five are situated in Yau Tsim Mong District (157 bedspaces in total), one in Sham Shui Po District (310 bedspaces), one in Central and Western District (270 bedspaces) and one in Eastern District (26 bedspaces).
The OLA does not maintain the figures in respect of the non-licensed premises (including those premises providing less than 12 bedspaces which are not subject to the regulation under the BAO).
(2) and (3) According to the results of the 2016 Population By-census (16BC) conducted by the Census and Statistics Department (C&SD), there were 5 800 households living in shared units (e.g. living in rooms, cubicles, bedspaces and cocklofts in private permanent buildings)(Note 1). C&SD does not have separate figures on households living in cubicles.
As for subdivided units (SDUs), according to the results of the 16BC, there were some 92 700 SDUs in Hong Kong. Their breakdown by District Council district is at Annex. The SDUs under the 16BC refer to the units that are formed by splitting a unit of quarters into two or more "internally connected" and "externally accessible" units commonly for rental purposes.
Separately, the Government proposes to implement suitable tenancy control on SDUs. According to the Landlord and Tenant (Consolidation) (Amendment) Bill 2021 which has been submitted to the Legislative Council for scrutiny, "SDU" means premises that form part of a unit (Note 2) of a building. In general, the proposed definition of "SDU" in the Bill could cover different types of SDUs in buildings including cubicles, bedspaces, space capsules, loft spaces, cage homes, as well as "rooftop houses" and "podium houses".
Note 1: The relevant figure has also been published in the Long Term Housing Strategy Annual Progress Reports 2017-2020.
Note 2: In the Bill, "unit", in relation to a building, means premises of the building falling within either or both of the following descriptions – (a) premises that are demarcated or shown as a separate unit (however described) in the building plan of the building; (b) premises that are referred to in the deed of mutual covenant of the building as a unit (however described) the owner of which is entitled to its exclusive possession, as opposed to the owners or occupiers of other parts of the building.
Ends/Wednesday, August 18, 2021
Issued at HKT 14:30
Issued at HKT 14:30
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