Opposition figures given leniency over structures

Justice chief Cheng demolished home additions immediately; why did legislator Mo and district councilor Zimmerman win reprieves, Chow Pak-chin asks

Teresa Cheng Yeukwah, the new secretary for justice, might never have expected exposure to the spotlight so frequently in the very beginning of her term — not for any controversial political issues but because of illegal structures found in her houses.

Opposition lawmakers attacked her and, for more than a month, asked her to step down. But in the meantime they ignored Claudia Mo Man-ching and Paul Zimmerman, friends from their own side, who were also involved in the same situation.

I am not surprised because the opposition always turn a blind eye under certain circumstances for years. However, I am shocked by the related government departments’ response, or the lack of it, on three of them — they showed totally different standards of enforcement of the Buildings Ordinance and related government policies.

Cheng’s illegal-structure scandal was reported on Jan 6. Three days later, Buildings Department staff entered her house for inspection.

Lands Department and Rating and Valuation Department representatives measured those illegal structures on Jan 11. Two weeks later, the Buildings Department announced that it had demolished three of the four major illegal structures.

But it is too early to praise their lawenforcement efficiency. Because they had let Mo and Zimmerman keep illegal structures more than eight years and 10 years, respectively.

As early as 2010, Mo was exposed to have added fences, gates and windows to the open space beneath her apartment. Following the recent illegal structure saga, the public was stunned to know Mo had not demolished them for eight years.

The reason why Mo was not required to demolish her illegal structure was evident in the Buildings Department’s reply to a media question.

Since changes on Mo’s garage did not pose a danger to the building structure, the department just advised her to resume the original purpose as soon as possible.

When the Lands Department replied to the media recently, it still only said that if any breach of lease conditions was confirmed, the department would take the action of enforcing the terms of the contract. Everyone knows the “if” here means “no deadline”.

However, it was not only Mo who had no fears. Zimmerman, Southern District councilor who will run in the March 11 Legislative Council by-election in the Architectural, Surveying, Planning and Landscape functional constituency, also seems to have been treated leniently.

The Lands Department warned Zimmerman that some rooftop structures were unauthorized as early as 2008. He chose to ignore the Lands Department for the past 10 years.

As all Hongkongers know if a leasecondition breach is detected, the Lands Department may take appropriate lease enforcement actions. The department will normally issue a warning letter to the owner concerned, requesting rectification of the lease breach within a specified time. If the owner does not rectify the breach by deadline, the Lands Department may register the warning letter at the Land Registry, commonly known as “imposing an encumbrance”.

But why did the Lands Department’s “imposing an encumbrance” on Zimmerman’s house end nowhere? According to Lands Department lawenforcement requirements, illegal structures must be rectified within 28 days.

However, after 10 years, why did the relevant authorities still did not act? Is it because Zimmerman is a Southern District councilor and his wife a senior Planning Department official? Or Zimmerman is involved in several urban planning, architectural and conservation groups?

Two weeks versus eight years and 10 years, Mo and Zimmerman’s lack of fear seems very reasonable.

I agree the public should be strict