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Existing LTT: varying types street management and numerous cases to be handled

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Existing LTT: varying types street management and numerous cases to be handled

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The number of cases [unlawful occupation of government land] is substantial and their form and nature vary significantly (ranging from illegal bicycle parking on streets, abandoned vehicles, addition of shopfront platforms, dumping of wastes/construction wastes, depositing ties of bamboo scaffolds/skips, to the more serious cases of unlawful occupation of a large area of government land for brownfield operations or domestic structures)

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also include a link/qr code to show the parking rack that are allowed?

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To consider setting up specialist teams to take up land control duties that arisen from major street management problem in a territory-wide basis

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To consider setting up specialist teams to take up land control duties that arisen from major street management problem in a territory-wide basis

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What are the major street management problems? e.g. illegal dumping of construction materials, placement of roadside skips, abandoned vehicles on public roads etc

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Upon reviewing the Buildings Ordinance in the future, the Government will consider streamlining prosecution procedures against the expired notices (e.g. by means of issuing fixed penalty notices in lieu of court hearings) and increasing fines in order to enhance its deterrence. The Government has earlier indicated that it will put forward the legislative amendments for public consultation within next year

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Existing LTT: integrated manner for enforcement work

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Existing LTT: integrated manner for enforcement work

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Besides, the LandsD has implemented a number of measures to enhance enforcement work, including: … consolidating the enforcement manpower at various DLOs from April 2023 onwards, such that cases of land irregularities in the same district are handled by one single team in an integrated manner; use of

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To consider appointing an office coordinator to distinguish cases by nature and priority

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To consider appointing an office coordinator to distinguish cases by nature and priority

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Office coordinator may also take up coordination/communication with other teams such as tenancy team in land enforcement actions taken [Pat Heung Case, San Lung Wai DD111]

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Existing LTT: streamlining process of prosecution

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Existing LTT: streamlining process of prosecution

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we may consider ways to enhance deterrence where necessary, including streamlining the process of prosecution (e.g. by introducing other easier means for prosecution of such offences)

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Existing LTT: Priority given to selected cases

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Existing LTT: Priority given to selected cases

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LandsD has to adopt a pragmatic “risk-based” approach to prioritize its enforcement actions, with priority given to cases of larger scale, more serious contraventions, or cases involving safety or environmental hygiene risks.

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When taking land enforcement actions, the LandsD will post a statutory notice in accordance with the law requiring the occupier to cease occupation before a specified deadline. If the situation does not improve upon expiry of the deadline, the LandsD will take further actions, including taking possession of and clearing the property or structures remaining on the land, as well as considering instituting prosecutions against the occupier (if the identity of the occupier can be ascertained with evidence).

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To consider a sample template for preparation plan that leading to prosecution

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To consider a sample template for preparation plan that leading to prosecution

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[summarize the observations and suggestions as "case study" for the prosecution case]

[extract all prosecution plan on hand to list out major elements]

learning experience from 263 Queen's Road Wo Yick Mansion

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[QW] Publicity to public for the Department's step up actions through using a form/letter in different format

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[QW] Publicity to public for the Department's step up actions through using a form/letter in different format

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[seek DLO/HKWS for sample on BD's letter to notify the case are under consideration to be prosecued]

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To consider set priorities in prosecution

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To consider set priorities in prosecution

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[find the EDB manual (Part II Section 8 Instruction No. 3, Prosecution under the Buildings Ordinance in relation to Unauthorized Building Works)]

[summarize the priority list & extract any priority has reference value]

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https://www.bd.gov.hk/en/whats-new/press-releases/2024/0503-owner-fined-over-100000-for-not-complying-with-removal-order.html

https://www.bd.gov.hk/en/whats-new/press-releases/2024/0405-six-managers-and-three-co-owners-fined-over-460000-for-not-complying-with-removal-orders.html

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https://www.pland.gov.hk/pland_tc/cep/prosecution/index.html

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[QW] To consider publishing the convicted prosecution case in LandsD webpage  

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[QW] To consider publishing the convicted prosecution case in LandsD webpage  

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[double-check currently no information was published regularly on LandsD webpage regarding prosecution]

[list out the considerations behind the call-off of publishing registered warning letters in LandsD website]

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No. of final warning letter leading to re-entry/vesting

[current NTDLOs 2-3 letters]

No. of instigate land enforcement cases

No. of patrol conducted