The Lands Department Must Do Its Work
積極匡正新界土地亂象 地政總署勿三分鐘熱度
文章日期:2012年6月29日

雙語社評齊齊聽

英語 (足本收聽)

普通話 (足本收聽)

【明報專訊】THE Lands Department showed its mettle yesterday, taking back a piece of land at Shui Mong Tin in Ma Shi Chau that had been illegally turned into a columbarium, and started demolishing the unauthorised building works on another piece of government land, which had long been occupied by Tai Tong Lychee Valley, Yuen Long. The government, evidently acting in response to the report of the Director of Audit, has taken a positive step.

英語

地政總署昨日「大發神威」,收回大埔馬屎洲水茫田一處違規骨灰龕場的土地,並開始清拆元朗大棠荔枝山莊所佔用官地的構建物,看來,這是政府積極回應審計報告的做法,值得肯定。

普通話

In handling the Ma Shi Chau columbarium case, the government has shown a toughness not much seen before. The site of the columbarium should, as stipulated in the government lease, have been used for agricultural purposes. However, it was "developed" into a columbarium with about 3,000 niches, and the developer then submitted an application for changing the land use, which the authorities turned down. As there is a shortage of columbaria in Hong Kong, a niche in a private columbarium is often sold for tens of thousands of dollars. If the Ma Shi Chau columbarium developer's "taking action before seeking permission" policy had worked, the columbarium could become a business worth hundreds of millions of dollars. Many would be sure to follow suit, and private columbaria would mushroom in the New Territories.

英語

政府以強硬手法處理馬屎洲骨灰龕場個案,較為罕有。據知,龕場原址地契限定作農地用途,但是被「開發」成為骨灰龕場,約有3000個龕位,業權人並向當局申請更改地契,已被否決。本港骨灰龕位短缺,一些私營龕場,一個龕位動輒需費數萬元,若這個龕場「先斬後奏」得逞,涉及數以億元計生意,其他人爭相仿效,新界墓地勢必遍地開花了。

普通話

The Ma Shi Chau columbarium site was originally privately owned, and the government has in fact confiscated it by "taking it back". The owner may bring the case to court if he feels unhappy about this. The government, however, has shown its determination to nip a problem in the bud before it progresses to a full-blown disorder. Timely action is necessary if the government is to deal with violations of land use restrictions, or things will become worse and get out of hand.

英語

骨灰龕場用地原本有業主,政府現在以「收回」方式處理,等同「充公」了該處土地,業主若不服,可能會有官司訴訟,不過,政府斷然處理,突顯了要消滅亂象於萌芽狀態的決心。政府處理新界違規使用土地,時效甚為重要,否則會出現積重難返局面。

普通話

Tai Tong Lychee Valley's illegal occupation of government land in the New Territories had lasted as many as 18 years, starting in the pre-1997 days when Hong Kong was still under British colonial rule. The case shows very clearly the total disregard of the law on the part of some New Territories residents, and the government's failure to apply the law. The government did not take any resolute action until the illegal occupation was exposed by the Director of Audit and widely covered by the media. Yesterday, lands officers together with contractors' workers went to Lychee Valley to pull down the unauthorised building works on government land.

英語

大棠荔枝山莊佔用新界官地長達18年,始自1997年之前的港英殖民地時代,一方面反映部分新界居民漠視法治,另方面則說明政府執法疏失,事態經由審計署揭發,傳媒廣泛報道之後,政府才拿出執法決心,昨日地政總署人員率同承建商,到山莊清拆官地上的非法構建物。

普通話

And yesterday some people armed with sticks and spades stationed themselves at the entrance to Lychee Valley, saying that they would not allow any demolition work. However, they did not intervene or resort to violence when the officers and workers started work. After all, Hong Kong is governed by the rule of law. As long as the government, suitably backed up by the police, is determined to take action which even though challenged is in strict accordance with the law, no bluffing challengers can make a stand. Those opposed to a government acting legally and reasonably must be prepared to pay if they do anything rash and irrational.

英語

昨日,一些人在山莊入口,個別拿着木棒、鐵鏟等,聲言會阻止清拆,不過,在當局人員採取行動時,這些人並無阻止和有激烈行動。情况顯示,香港乃法治之區,若公權力依法行事,即使受到挑戰,只要政府堅定執行,由警隊適當配合,則虛張聲勢之徒自然潰散。這種情况,說明在政府行為合法合理面前,違法理虧一方若非理性行事,就要考慮是否願意付出代價。

普通話

From 2008 to 2010, a total of 26 prosecutions were made by the Lands Department concerning the illegal occupation of government land, which resulted in 21 convictions carrying fines that, added together, amounted to $81,900, with the imposition of the maximum fine of $10,000 in two cases. This $10,000 maximum has never been adjusted since 1972, and is so low that it can have no deterrent effect. The fine must therefore be greatly increased. We believe that, in addition to the imposition of heavier penalties, the government should also clearly define its goals towards the New Territories in order to rectify step by step the widespread violation of land use regulations and solve the problem of unauthorised building works in village houses.

英語

由2008至2010年期間,地政總署就非法佔用官地檢控了26宗個案,21宗罪名成立,罰款總額為 81,900元,其中有兩宗個案被判最高罰款額1萬元。這個最高罰款額自從1972年以來,未曾調整過,罰款額之低,根本無阻嚇力,應該大幅調高。只有加重罰則,同時政府制訂明確目標,則新界土地使用亂象以及村屋僭建現象,才有可能逐步清除,使整體情况回歸正軌。

普通話

明報社評 2012.05.01

Presented by lecturers of Hong Kong Community College, PolyU and The Hong Kong Polytechnic University

Mr. NG, Raymond Wai-man

Lecturer, Hong Kong Community College, PolyU

http://www.hkcc-polyu.edu.hk/index.php?lang=eng&cms=137

焦妮娜

香港專上學院講師

http://www.hkcc-polyu.edu.hk/index.php?cms=1484&lang=big5

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