雙語社評齊齊聽

英語 (足本收聽)

普通話 (足本收聽)

【明報專訊】UNAUTHORISED DUMPING in the New Territories (N.T.) and the occupation of government lands for profit have been reported by the media and followed up by government departments recently. All this, however, shows that the authorities have not been enforcing the law in the N.T. vigorously enough. The approach taken by the government can even be regarded as weak.

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近期，新界一些土地違規堆填、霸佔官地營運牟利的情况，隨着傳媒報道，政府部門跟進處理，事態反映當局在新界地政的執法力度極度不足，政府取態甚至可以用軟弱來形容。

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The latest incident of unauthorised large-scale dumping involves the family members of Lau Wong-fat, former Chairman of the Heung Yee Kuk. A piece of land at Tai Tong, Yuen Long, which is around 200,000 square feet in area, was originally covered in lush green vegetation. However, since 2009, it has been used as a site for filling. The dump is now the size of three standard football pitches, and its highest point is around four metres above the lowest point of the pavement. Trucks, tractors and private cars are parked nearby, giving the site the appearance of a carpark. The filling has continued for seven years. The Planning Department has, on six occasions, issued Infringement Notices and Reinstatement Notices to the people concerned. However, after repeated wrangling over the matter, the dump has kept growing and reached its current size.

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最新一宗大規模違規填土，涉及前任鄉議局主席劉皇發的家族成員。事緣在元朗大棠約20萬平方呎土地，原本綠化盎然，由2009年開始被人用作倒泥，現在相當於3個標準足球場偌大面積，已經堆填至距離行人路最低處約有4米高，停泊了貨車、拖頭和私家車等，儼然是一處停車場。這處倒泥堆填為時長達7年，其間規劃署曾經對有關人等分別發出6次「違例通知書」和「恢復原狀通知書」，不過，幾經反覆爭持之後，堆填面積卻是愈來愈大，形成今日的景况。

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As can be seen from what is known, the people concerned in the matter have taken the orders of the Planning Department lightly, agreeing to them outwardly but paying no regard for them. No doubt their actions and attitudes have to do with what they desire. However, judging from its development, we believe that the incident stems from the authorities' giving these people too much freedom, allowing them to employ delaying tactics and exploit loopholes. The Planning Department has repeatedly confirmed that the huge dump at Tai Tong is unauthorised, and has demanded formally that the site be restored to its original state. It has twice imposed an encumbrance on specific lots of the site. The people concerned, nevertheless, have paid no regard for the moderate request of growing grass by the Planning Department.

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從已知過程看來，有關人等對規劃署執法虛與委蛇，陽奉陰違，他們的做法和取態固然與主觀欲求有關，不過檢視整個過程，主要還是當局執法讓他們有太多空間，可以拖延和鑽空子。大棠這宗大規模堆填個案，規劃署多次確認違規，多次正式通知要求恢復原狀，包括曾經兩度對個別地段釘契，但是有關人等連規劃署要求種草了事的低度要求也不理會。

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The lawless state on N.T. land is primarily due to the locals' disregard for the law. They have violated the regulations to make profits. However, the existing regulations and the way the authorities enforce the law are far less strict than they should be. As a result, evil has been left unchecked. Unlawful conduct is happening even more openly and brazenly. The unauthorised large-scale dumping at Tai Tong and Tin Shui Wai and the occupation of government lands at Wang Chau well illustrate the weakness of the government and the arrogance of the locals. In recent years, the locals in the New Territories, when commenting on the ownership and use of land in the district, have even argued that land in the N.T. has been owned by the indigenous inhabitants from the very beginning and they can do whatever they want. That is a twisted logic (and a disregard for the law), employed with the aim of extending infinitely their special privileges. Though the logic is not legally valid, there are a lot of people who believe that it is proof that they are the privileged. This is reflected by their unauthorised use of N.T. land.

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新界土地亂象，首先是地方人物無視法紀，違規牟利，當局則從法例規定以至執法力度都嚴重不足，遂出現養癰為患後果；久而久之，一些違法行為更明目張膽地進行。大棠、天水圍的大規模違規堆填，橫洲的霸佔官地等，正好說明官府力弱、地方橫行的實質。近年，新界地方人物對區內土地擁有和使用，有人說什麼新界的土地原本都是原居民的，他們想做什麼都可以，云云；這是罔顧法紀的歪理，無限擴張原居民特權，當然經不起法律檢驗，但是不少人視之為在新界有特權的依據，反映在他們違規使用新界土地的行為上。

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It is obvious that the authorities are held in low regard in the New Territories. First, the punishments as stipulated by the law are not severe enough. People are therefore encouraged to exploit the loopholes for profit. The government has to conduct a comprehensive review of the related regulations and revise them so as to create a deterrent effect and make people who violate the regulations pay a price. Second, the government has to reevaluate the manpower of related departments. An input of resources is needed to make sure that there are enough staff to enforce the law effectively and strictly and correct the ways N.T. lands are used currently.

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公權力在新界遭到漠視的狀態，甚為明顯。首先，現行法規罰則輕微，變相鼓勵鑽空子牟利行為，政府須全面檢視相關法規，進行修訂，務使法規罰則有阻嚇力，要違法違規的人付出代價。其次，政府要檢視相關部門的人力，投入資源，配置足夠人手，然後切實嚴格執法，扭轉目前新界土地使用的情况。

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明報社評2016.04.07

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

Ms YAU, Shirley Suk-ying
Lecturer, HKCC
www.hkcc-polyu.edu.hk/staff_directory/social_communication/details.php?id=341&lang=eng

郭熙琳
講師
www.hkcc-polyu.edu.hk/staff_directory/social_communication/details.php?id=98&lang=chi

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