| 英文摘要 |
This first part of this paper discusses the law and practices in Hong Kong in relating to gross floor area (GFA) concession measures, against the background of urban renewal, including the adjustment of those measures during the recent revision of regulatory framework in the year of 2010. The second part raises three legal issues: the first is how the right to adequate housing and sustainable development could serve as legal framework, under which GFA measures could align with the goal of urban renewal; the second issue is given the rationale for the adjustment of GFA measures is public interest, how the government defines public interest in relating to GFA measures; and the third issue is how to contain the negative impact of GFA measures via supervision. The third part of paper by the observation of and comparison with GFA measures in other jurisdiction, notably the measures in Regulation on Review of Planned Floor Ratio of Urban Renewal Unit in Shenzhen City (DRAFT) issued by Shenzhen government in 2018, points out that GFA exists in most mainland cities mainly as economic incentives to induce developers to construct space/facilities that benefits the public during urban renewal. However, since current measures lack detailed design and do not clearly delineate public interest in specific measures, it becomes difficult to assess its effectiveness in promoting those public interest. The author suggests the relevant legislation to clarify the rationale for specific GFA measures, to continuous monitor the implementation of those measures, and to periodically adjust them to best achieve the desired policy goal. |
