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1 – 10 of 543This practice paper examines the current practice of Hong Kong Lands Department regarding enforcement against breaches of the “user clause” in the Crown (Government) lease. A…
Abstract
This practice paper examines the current practice of Hong Kong Lands Department regarding enforcement against breaches of the “user clause” in the Crown (Government) lease. A total of 26 categories of lease drafting approaches regarding user restrictions are identified. It is argued that unless the relevant lease document expressly pins down the limit of ancillary office uses in industrial premises, as in one of the 26 categories identified, no enforcement of such uses shall be instigated.
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The purpose of paper is to investigate the institutional features of the leasehold system of Hong Kong, which is predicated on the freedom of contract as an institutional…
Abstract
Purpose
The purpose of paper is to investigate the institutional features of the leasehold system of Hong Kong, which is predicated on the freedom of contract as an institutional arrangement for land management and planning that promotes sustainable development.
Design/methodology/approach
The approach is analytical, using concepts of property rights informed by Coasian neo‐institutional economics and the ideas of Yu et al. on the Schumpeterian process in innovation.
Findings
It was demonstrated that the post‐contractual imposition of statutory planning control on the leasehold land management system in Hong Kong has adversely affected and adaptability of the leasehold system in achieving sustainability.
Research limitations/implications
This paper encourages a reinterpretation of statutory zoning in areas with a leasehold system and the reception of the land lease as a basis for innovations that help promote sustainable development.
Practical implications
This paper warns against legislative activism in planning controls as that can destroy or erode the basis for innovations that help promote sustainable development.
Originality/value
Using the idea of innovations of Yu et al. and Lai and Lorne, this paper further develops Lai theory of “planning by contract” as an alternative to “planning by edict”.
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This paper seeks to argue that racially discriminatory zoning in Colonial Hong Kong could have been a form of protectionism driven by economic considerations.
Abstract
Purpose
This paper seeks to argue that racially discriminatory zoning in Colonial Hong Kong could have been a form of protectionism driven by economic considerations.
Design/methodology/approach
This paper was based on a review of the relevant ordinances, literature, and public information, notably data obtained from the Land Registry and telephone directories.
Findings
This paper reveals that many writings on racial matters in Hong Kong were not a correct interpretation or presentation of facts. It shows that after the repeal of the discriminatory laws in 1946, an increasing number of people, both Chinese and European, were living in the Peak district. Besides, Chinese were found to be acquiring land even under the discriminatory law for Barker Road during the mid‐1920s and became, after 1946, the majority landlords by the mid‐1970s. This testifies to the argument that the Chinese could compete economically with Europeans for prime residential premises in Hong Kong.
Research limitations/implications
This paper lends further support to the Lawrence‐Marco proposition raised in Environment and Planning B: Planning and Design by Lai and Yu, which regards segregation zoning as a means to reduce the effective demand of an economically resourceful social group.
Practical implications
This paper shows how title documents for land and telephone directories can be used to measure the degree of racial segregation.
Originality/value
This paper is the first attempt to systematically re‐interpret English literature on racially discriminatory zoning in Hong Kong's Peak area using reliable public information from Crown Leases and telephone directories.
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One of the major impediments to urban renewal in Hong Kong is the acquisition of land from different owners in order to form adequate parcels for development. Compulsory purchase…
Abstract
One of the major impediments to urban renewal in Hong Kong is the acquisition of land from different owners in order to form adequate parcels for development. Compulsory purchase powers are not available to the private sector as only public authorities can properly exercise powers over individuals in the public interest. In the case of urban renewal, when the Land Development Corporation (LDC) exercises compulsory purchase powers, it has to go through long and rigorous procedures to demonstrate that there is no undue detriment to the interests of landowners. In this paper the practice of the LDC in this respect is examined in detail and the problems and issues of land assembly in the urban renewal process highlighted. Finally, new policies for land assembly are suggested as means of dealing with the difficulties identified.
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Lawrence Wai‐Chung Lai, Daniel Chi‐Wing Ho and Hing‐Fung Leung
This paper was motivated by the absence of a government examination of and professional interest in planning conditions as a means of development control in Hong Kong. Proposes to…
Abstract
Purpose
This paper was motivated by the absence of a government examination of and professional interest in planning conditions as a means of development control in Hong Kong. Proposes to examine this situation.
Design/methodology/approach
The research objective is achieved by a field survey and legal analysis of its findings. The field survey of all the 60 residential development projects in Hong Kong under comprehensive development area zoning subject to conditional planning permissions from 1998 to 2000 involving 119 planning applications was conducted to assess factual compliance with planning conditions.
Findings
The findings show that, while most physical planning obligations have been duly fulfilled in these projects, the non‐depositing of master layout plans for development poses actual and potential public domain problems of planning enforcement, building permission, conveyancing and property management. The major problems of non‐compliance are property purchasers being unable to fully appreciate the environment of a development when making a decision to buy; subsequent titles defects, unauthorised building works and operations. Suggestions are made to close the loopholes in planning law and to introduce a formal channel for retrospective rectification in the light of the social consequences of non‐compliance.
Originality/value
This paper is the first serious attempt to evaluate the importance of compliance with planning conditions in Hong Kong and its analysis should be of interest not only to local policy makers and professional people in particular, but also to researchers in comparative development control in general.
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Lawrence W.C. Lai and Daniel C.W. Ho
Extending the ground works of Ho (1993), Baldwin (1994), Walters and Hastings (1998a, 1998b) on property management in Hong Kong, this short paper documents the context[1] of…
Abstract
Extending the ground works of Ho (1993), Baldwin (1994), Walters and Hastings (1998a, 1998b) on property management in Hong Kong, this short paper documents the context[1] of research on illegal structures, explains the incentive for building illegal structures on government land and private property and discusses the significance of illegal structures for the proprietor and the property manager, as well as the relevant legislative provisions and policies.
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Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18;…
Abstract
Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18; Property Management Volumes 8‐18; Structural Survey Volumes 8‐18.
Index by subjects, compiled by K.G.B. Bakewell covering the following journals: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18; Property Management…
Abstract
Index by subjects, compiled by K.G.B. Bakewell covering the following journals: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18; Property Management Volumes 8‐18; Structural Survey Volumes 8‐18.
Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18;…
Abstract
Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18; Property Management Volumes 8‐18; Structural Survey Volumes 8‐18.
Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18;…
Abstract
Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18; Property Management Volumes 8‐18; Structural Survey Volumes 8‐18.