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1. Harbour not a right for people, court told

2. Long-awaited West Rail to open next Saturday

3. Planners throw out arts hub objections

4. West Rail due to start running next Saturday

5. East Rail crack leads to chaos

1. Harbour not a right for people, court told
Paris Lord, The Standard 13 December 2003

A law protecting the harbour did not imply the landmark was a human right for all Hong Kong people, a court was told.

Presenting his reply on the final day of the Town Planning Board's (TPB) appeal into the ruling against its Wan Chai reclamation project, senior counsel for the TPB Robert Tang also said yesterday human rights cases could not be applied to the appeal.

On Thursday, senior counsel for Society for the Protection of the Harbour Anthony Neoh said the Protection of the Harbour Ordinance implied the harbour was an ``inter-generational right'' of the Hong Kong people, and used international cases to support his argument.

The full-bench of the Court of Final Appeal was hearing an appeal by the TPB into the July verdict by Madam Justice Carlye Chu who found in favour of the society.

She ruled out the planned reclamation, quashed the TPB's draft outline zoning plan for Wan Chai north and asked the body to reconsider it.

Justice Chu ruled any future reclamation had to meet three tests - having a compelling, overriding and present need; no viable alternative; minimum impairment.

A spokesman for the board yesterday said it had asked the government to conduct a comprehensive planning and engineering review on Wan Chai Development Phase II.

The TPB also asked to draw up a minimum reclamation option that would comply with the law.

The board appealed against Justice Chu's earlier judgment to seek a clarification of the legal principles behind the ordinance, the spokesman said. It called the judgement a ``highly restrictive interpretation which could have far-reaching implications'' on future planning and development of the harbour front areas.

``The board wishes to bring the harbour to the people of Hong Kong by providing a well-planned, accessible and vibrant waterfront,'' the spokesman said.

The justices reserved their decision on the four-day hearing and are expected to present their judgment in about two months.

2. Long-awaited West Rail to open next Saturday
Dennis Ng, The Standard 13 December 2003

The Kowloon-Canton Railway Corporation has finally decided to open the HK$46.4 billion West Rail next Saturday, just days before the end-of-the-year deadline.

The new service has been welcomed by many New Territories residents though some fear they may not be able to afford the fares.

There have also been fears over safety, because yesterday's announcement of the opening date coincided with travel chaos on the East Rail line.

``We have carried out thorough tests on the West Rail over the past six months and I don't think there will be any major problem,'' KCRC chairman Michael Tien said.

``The only challenge facing us will be the interconnection between the Light Rail and the West Rail.''

He said that during the six-week trial period, West Rail services reached an average punctuality of 99 per cent, well above the minimum requirement of 95 per cent.

He said the average daily service delivery reached 99.6 per cent which was also above the required level of 97.5 per cent.

3. Planners throw out arts hub objections
CHEUNG CHI-FAI, SCMP 13 December 2003

The Town Planning Board last night gave up its control over key planning stages of the West Kowloon cultural hub.

The board yesterday rejected all 11 objections filed against the Planning Department's unusually flexible zoning proposal for the 40-hectare site.

After hearing the objections, the board upheld the government's view that most aspects of the proposed $24 billion cultural district, including hotels, residential blocks and commercial complexes, did not need its approval. It maintained the site should be zoned under "other specified uses" under the Town Planning Ordinance.

This means the developer will be allowed a virtual free hand in designing the development without being restricted by pre-set planning rules.

Yesterday's announcement follows controversy over the government's decision to grant the project to a single developer.

Most of the objectors raised doubts about whether there were enough planning controls over the project. Five of the objectors were developers while the rest were individuals or concern groups.

Under the Draft Southwest Kowloon Outline Zoning Plan, no planning control on such things as density, height, plot-ratio and total gross floor space allowed on the site will be stipulated at the moment.

The Town Planning Board controls will be added to the plan only after the government and its chosen developer reach an agreement on the project. Critics warn that such a move would effectively make any controls fit the plan.

The public will be given an opportunity to object to the agreed plan as it will go through the normal procedures of being gazetted and put up for consultation. Minor amendments will be allowed after the consultation. And future changes to the controls laid down in the plan will still need approval by the board.

A board spokeswoman said the zoning plan would allow flexibility for developers to draw up their best development plans for the site.

"The plan is not tailor-made for the developers. But it does offer them greater flexibility in designing the best plans for the project," she said.

The government is now inviting submissions of interest from developers. At least 10 companies, including Cheung Kong and Sun Hung Kai, have made submissions.

The spokeswoman said all developers were still bound to follow the government's development guidelines, including ensuring that 55 per cent of the site would be covered by a canopy structure no taller than specified heights.

Wong Wah-sang, chairman of Urban Watch, which filed an objection to the plan, said the board had lost control of the development.

"By giving up its power to exercise control, the board has simply become a rubber stamp," he said.

Martin Fung King-heng, a council member of the Institute of Architects, said: "The zoning effectively means that the chosen developer will have great bargaining power as to what the planning control should be."

Legislator Abraham Razack, who represents the real estate sector, hoped the government would tender the project in a fair manner.

"I hope . . . no bidder will receive preferential treatment because of their size and ability," he said.

4. West Rail due to start running next Saturday
JOSEPH LO, SCMP 13 December 2003

For commuters in the northwestern New Territories, the wait is nearly over. Trains will begin normal operations on the KCR's West Rail line next Saturday.

Kowloon-Canton Railway Corporation chairman Michael Tien Puk-sun announced the long-awaited start date yesterday after a meeting of the company's managing board.

Mr Tien said services on the $46 billion line would begin at 2pm a week from today.

"All statutory inspections have been completed. The chief inspector of railways has also advised that West Rail is in a safe and sound condition for operations," he said.

The KCR chief said the decision to launch services followed six weeks of fault-free trial operations, during which average daily punctuality was 99 per cent. Only four of 400 trains running each day were more than three minutes late. "This was well above the minimum criterion of 95 per cent punctuality," Mr Tien said.

Fares will be discounted for the first three months of operation. Journeys between Tuen Mun and Nam Cheong station in West Kowloon - where West Rail interchanges with the MTR's Tung Chung line and, via a new walkway, with the Tsuen Wan line at Mei Foo station - will cost $12.80, a 20 per cent reduction on the standard $16 fare. A 10 per cent discount will apply to West Rail passengers' onward journeys by MTR from Mei Foo or Nam Cheong.

To avoid overcrowding during the first few days of West Rail operations, trains will operate from 6.30am at the peak-period frequency of one every three minutes. Under normal operation, the peak period will begin at 7am.

Before its official opening, two days have been set aside for commuters to try out the line. The trial services will operate between 10am on Wednesday and 12.45am on Thursday and from 5.45am on Thursday to 12.45am on Friday. Adults will pay a flat fare of $15 and children $7.50. Proceeds from the two days of trials would be donated to charity, Mr Tien said.

The KCR had a contractual obligation to launch West Rail services by the beginning of next year. Glitches with its signalling system meant the launch date was pushed to the wire. Mr Tien had initially predicted the line would be open by September. Later, he forecast an October start and then a November launch, only to be forced to backtrack each time because of reliability problems.

The KCRC chairman also announced a restructuring of the government-owned company's operations to combine its East Rail, West Rail and Light Transit Rail divisions under one management. He said there would be no redundancies. Mr Tien said 300 temporary workers would be hired to assist commuters using West Rail.

It was also announced his term as chairman had been extended for another two years.

5. East Rail crack leads to chaos
JOSEPH LO, SCMP 13 December 2003

The morning commute from the New Territories was thrown into chaos yesterday after a 5mm-wide crack was detected on a section of the KCR's East Rail line near Kowloon Tong.

The crack was discovered at 7.45am by rail workers. Services did not return to normal until just before 9am after emergency repairs. KCR officials said the problem section was examined and replaced.

Commuters complained that bus services were not provided by the KCR. One passenger said it took nearly an hour to travel from Tai Wai to Hunghom.

East Rail public affairs manager Ida Leung Pik-fu said buses were not ordered to carry stranded commuters because the company believed the problem could be fixed quickly.