Enforcement against breaches of crown leases in Hong Kong industrial premises

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.published_or_final_versio

Land use rights reform and the real estate market in China: a synoptic account of theoretical issues and the property rights system

Is China's “land use rights” legislation which distinguishes transferable “land use rights” and inalienable “land ownership”, a novel concept unknown to human kind before, or a pragmatic reversion to the private property rights system abolished by the communist revolution? Advocates the view that the latter is a more correct interpretation. As part of a “going capitalist” economic reform programme, such a reversion is manifested in the legal recognition of the leasehold tenure after the “responsibility system” in privatizing agricultural production had proved to be successful. As the development of private property rights is a prelude to market transactions, the Chinese land use rights reform should be conducive to the success of the economic liberalization policy of China, provided that there is a contemporaneous advance in the development of the rule of law and technical know-how, such as valuation and land surveying.published_or_final_versio

'As Planning is Everything, it is Good for Something!’ A Coasian Economic Taxonomy of Modes of Planning

Against two extreme forms of thinking, which have influenced planning theory, this article argues, in the context of a looming amount of literature generated in a movement for private planning, that the distinction between private planning and public planning is a valid one, but one in need of tweaking. However, the plan–market dichotomy (i.e. the assumption that state and private planning is mutually exclusive) is fallacious. Informed by the neo-institutional economic assumption of rational decisions and the stance of contractual solutions, it rides on the surge in private planning by proposing a taxonomy of planning that combines two modes of planning with two types of planning agent and discusses their possible interrelationships using some neo-institutional economic reasoning informed by the ideas of Coase. Some pedagogical and theoretical implications are also discussed.postprin

The formation of owners’ corporations in Hong Kong’s private housing estates: A probit evaluation of Mancur Olson’s group theory

Abstract: This paper uses a probit model to analyse 100 observations in terms of three hypotheses about the formation of owners’ corporations in high-density private housing estates in Hong Kong within the context of Mancur Olson’s group theory. The findings do not reject the theory, revealing that it is more likely for an older urban estate with fewer owners to form owners’ corporations. The discussion includes a brief introduction to Olson’s group theory and the development of the probit analysis. Some speculative thoughts about public participation in local level urban management and planning are offered in the conclusion.published_or_final_versio

Unauthorised structures in a high-rise high-density environment-The case of Hong Kong

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.published_or_final_versio

'Farms are not Zoos': a Post-Colonial Study on Enclosure and Conservation of Military Heritage Buildings in Hong Kong

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Discriminatory zoning in colonial Hong Kong: A review of the post-war literature and some further evidence for an economic theory of discrimination

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. © Emerald Group Publishing Limited.postprin

'Where to Draw the Line?’ That is a Land Use Planning Question for the Land Surveyor and the Town Planner

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