SCMP: Village chief, developer disagree over illegal works

Village chief, developer disagree over illegal works
By Cheung Chi-fai

The question of who is responsible for illegal works at a Tai Po village - and who should pay for their demolition - became more confused yesterday as a small developer and the village chief traded accusations.

The war of words came as Lands Department workers continued to tear down a bridge and cement track that were built without permission across government land at Shan Liu.

Village chief Leung Pak-keung, who said as recently as Tuesday that he had been responsible for the works, leading to a piece of his land, changed tack and said the Wo Tin Development Co was to blame.

The department said earlier it did not know who was responsible, leaving open the possibility that the taxpayers would have to foot the demolition bill. Demolition - delayed because villagers had denied access to the site across private land amid accusations of threats by the department - began on Monday after Leung guaranteed access.

The latest remarks from the village chief, who has already refused to pay for the demolition, came after he was told Wo Tin had blamed him.

"The works have nothing to do with me," he said. "I played no part in this and I never instructed workers what and how to build."

He only admitted he had helped clear vegetation from the site. He also said the developer had not taken his advice to seek government permission - although he said days ago that it was useless to seek official approval because of red tape.

An employee of Wo Tin Development Co said Leung was the person in charge of the works and rejected any financial responsibility for the demolition.

"Why would our company be held responsible? We are not the party in charge, but he is," said Gigi Cheng of Wo Tin. She added that "had he not built such a large bridge, there would not be any problem".

Cheng said Wo Tin's role was nothing more than that of a middleman that had struck a HK$100,000 tenancy deal between Leung and a client, whom she did not identify, over Leung's land.

But she said the client had concerns over the safety of access to the site, which was to be turned into a private facility for dog-walking and farming, so Wo Tin had voluntarily agreed to send workers to labour under Leung's instructions.

Cheng said the work cost more than HK$100,000, which was supposed to be paid by the client, but she did not say if payment had been made, by or to whom.

Leung said he had no idea his land had been leased or that it would be turned into a dog park.

Whether Leung or the developer has breached the law is now up to the Lands Department.

The Lands (Miscellaneous Provisions) Ordinance states that any person who engages, arranges or directs erection of any unauthorised structures on government land shall be guilty of an offence.

An offender is liable to a fine of HK$10,000 and imprisonment of six months.

If it can be proved the offence was done for gain, the fine will be increased to HK$50,000 and the jail term to one year. The law also empowers the government to recover the costs of demolishing the structures from the offender.

Democrat legislator Lee Wing-tat urged the department to seriously investigate the dispute.

"Whoever the suspect is, it is the department's duty to go down there to visit the village chief, ask him questions, collect all the relevant information and meet anyone that might be related," he said.

The Lands Department said it still had no evidence to suggest anyone, including Leung, was responsible for the illegal work.