Ombudsman Hong Kong Winnie Chiu Wai-yin holds a press conference on May 13, 2021 on the results of two direct investigations. (PHOTO / HKSAR GOVERNMENT)

HONG KONG – The Office of the Ombudsman announced on Thursday that it has launched a direct investigation into unauthorized land developments in the territory after receiving numerous complaints against these irregularities.

Ombudsman Winnie Chiu Wai-yin said in a statement that they will examine the enforcement actions of the Planning Department (PlanD) and the Lands Department (LandsD) to determine if they have been effective against these unauthorized developments. 

"Land is a valuable social resource requiring the government’s prudent planning and monitoring over its use. Enforcement against unauthorized developments within a DPA (development permission area) aims at protecting the rural environment in the New Territories,” Chiu said.  

Chiu noted that the media has reported allegedly unauthorized uses of rural land in the New Territories for storage or temporary parking while other unauthorized developments occurred in conservation zones

She said a preliminary inquiry revealed that the PlanD receives over 1,500 complaints about unauthorized developments each year, with hundreds confirmed after investigation to be non-compliant cases, including repeated ones. 

There have also been cases involving both government and private land which required inter-departmental collaboration between the PlanD and the LandsD.

Chiu noted that the media has reported on alleged unauthorized uses of rural land in the New Territories for storage or temporary parking while other unauthorized developments occurred in conservation zones.

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“Without timely rectification, these irregularities could be detrimental to social development and even the ecosystem. Our office has received 30 related complaints over the past three years, reflecting public concern about this topic,” Chiu said.

She said they will look into the responsibilities of PlanD and LandsD and their collaboration in handling those cases, and “whether the existing mechanism is proper and effective in preventing unauthorized developments and handling relevant complaints”.

Currently, the PlanD takes enforcement action against unauthorized developments in the rural New Territories within DPAs under the Town Planning Ordinance. 

Specifically, developments within a DPA, including such operations as pond filling or land excavation and change of land use (such as using agricultural land for warehouses or workshops), are unauthorized unless the development is an "existing use" under the TPO, or covered by permission from the Town Planning Board, or permitted under the statutory plan.

For cases involving government land, the LandsD may enforce the Land (Miscellaneous Provisions) Ordinance against the illegal occupation of government land depending on the actual circumstances.

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On the other hand, the land uses of urban areas and new towns not covered by DPA plans are mainly regulated by land lease provisions, building plans and various licenses.