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How Can Theories of Policy Process Be Used to Understand
Local Heritage Conservation Policy since the Handover?
Dissertation undertaken in partial fulfillment of the requirements
of the M.A. in Public Policy & Management,
City University of Hong Kong
By
LEUNG YU HIN MICHAEL
Department of Public and Social Administration
City University of Hong Kong
April 2011
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Contents
ACKNOWLEDGEMENT ............................................................................................................................5
ABSTRACT ..............................................................................................................................................6
LIST OF TABLES.......................................................................................................................................7
LIST OF FIGURES.....................................................................................................................................7
CHAPTER ONE: INTRODUCTION..............................................................................................................8
1.1BACKGROUND................................................................................................................................................81.2STUDY GOAL &RESEARCH QUESTION...............................................................................................................8
1.3METHODOLOGY .............................................................................................................................................91.3.1 Theoretical Frameworks ...................................................................................................................9
1.3.2 Literature Review ..............................................................................................................................91.3.3 Local News, Publication & Internet................................................................................................10
1.3.4 Interview..........................................................................................................................................101.3.5 Survey on Local Media Coverage ...................................................................................................10
1.4STRUCTURE OF THE STUDY.............................................................................................................................11
CHAPTER TWO: DEFINING HERITAGE, CONSERVATION, AND POLICY ...................................................13
2.1HERITAGE....................................................................................................................................................132.2CONSERVATION............................................................................................................................................14
2.3POLICY........................................................................................................................................................16
CHAPTER THREE: ANALYTICAL FRAMEWORKS......................................................................................18
3.1DAVID EASTONS POLITICAL SYSTEMFRAMEWORK (PSF) ..............................................................................183.1.1 Premises & Basic Notions ...............................................................................................................183.1.2 Variables ..........................................................................................................................................19
3.1.2.1 Essential Variable ......................................................................................................................................193.1.2.2 Input ...........................................................................................................................................................193.1.2.3 Output........................................................................................................................................................20
3.1.3 Hypotheses ......................................................................................................................................203.2SABATIERS ADVOCACY COALITION FRAMEWORK(ACF) ................................................................................21
3.2.1 Premises & Basic Notions ...............................................................................................................213.2.2 Variables ..........................................................................................................................................22
3.2.2.1 Belief system..............................................................................................................................................223.2.2.2 Stable Exogenous Variables......................................................................................................................233.2.2.3 Fluid Exogenous Variable..........................................................................................................................233.2.2.4 Constrains and Resource ..........................................................................................................................24
3.2.3 Hypotheses ......................................................................................................................................243.3KINGDONS MULTIPLE STREAMS FRAMEWORK (MSF)......................................................................................25
3.3.1 Premises & Basic Notion.................................................................................................................253.3.1.1 Ambiguity...................................................................................................................................................253.3.1.2 Temporal Sorting .......................................................................................................................................26
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3.3.1.3 Visible and Hidden Participants................................................................................................................263.3.2 Variables ..........................................................................................................................................26
3.3.2.1 Three Streams............................................................................................................................................26
3.3.2.2 Policy Entrepreneurs.................................................................................................................................283.3.3 Hypotheses Coupling & Policy Window......................................................................................28
CHAPTER FOUR: ORIGINAL CONSERVATION POLICY.............................................................................30
4.1LEGISLATION,REGULATIONS &GUIDELINES .....................................................................................................304.1.1 Antiquities and Monument Ordinance (A&MO)...........................................................................304.1.2 Graded Historical Buildings ............................................................................................................314.1.3 Environmental Impact Assessment Ordinance (EIAO)..................................................................324.1.4 Planning-related Laws and Regulations........................................................................................324.1.5 Urban Renewal Legislation.............................................................................................................354.1.6 Other Laws and Regulations ..........................................................................................................35
4.2INSTITUTIONS ..............................................................................................................................................374.2.1 Antiquities Authority & Heritage Policy Bureau............................................................................37
4.2.2 Antiquities Advisory Board (AAB) & Antiquities and Monuments Office (AMO) ........................384.2.3 Planning-related Institutions..........................................................................................................39
4.2.4 Urban Renewal Authority (URA) ....................................................................................................404.2.5 Chief Executive (CE) and Executive Council (ExCo)........................................................................414.2.6 Legislative Council (LegCo) and District Council (DC) ...................................................................414.2.7 Other Establishment Bodies ...........................................................................................................43
4.3PRESSURE GROUPS,PROFESSIONAL &ACADEMICS ...........................................................................................444.4FUNDING ....................................................................................................................................................46
4.4.1 Government Funds ..........................................................................................................................46
4.4.2 The Hong Kong Jockey Club Charities Trust (HKJCCT)...................................................................464.4.3 Lord Wilson Heritage Trust.............................................................................................................47
4.5SUMMERY ...................................................................................................................................................47
CHAPTER FIVE: CHALLENGES & DEMANDS ...........................................................................................51
5.1THE EXECUTIVE AND LEGISLATURE ..................................................................................................................51
5.2PUBLIC OPINION ..........................................................................................................................................565.3PRESSURE GROUPS,PROFESSIONAL &ACADEMICS ...........................................................................................615.4WAYS OF ADVOCACY ....................................................................................................................................675.5MAJOR CRISES .............................................................................................................................................69
5.4.1 Kom Tong Hall & Morrison Building .............................................................................................69
5.4.2 Central Police Station Compound (CPSC).......................................................................................735.4.3 Queens Pier.....................................................................................................................................75
5.5SUMMERY ...................................................................................................................................................78
CHAPTER SIX: POLICY CHANGE.............................................................................................................79
6.1FROM REVIEW TO INITIATIVES........................................................................................................................79
6.2ORGANIZATIONAL RESTRUCTURE....................................................................................................................826.3NEW CONSERVATION MEANS........................................................................................................................836.4RESOURCE ALLOCATION ................................................................................................................................876.5INACTION POLICIES.......................................................................................................................................886.6SUMMERY ...................................................................................................................................................89
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CHAPTER SEVEN: CONCLUSION ............................................................................................................90
REFERENCE CITED.................................................................................................................................92
APPENDIX ..........................................................................................................................................101
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Acknowledgement
I hope to express my sincere gratitude to my supervisor, Dr. Mark Hayllar, for his kind and
detailed guidance and warm support on my research. I thank Mr. Roy Ng Hei Man, Senior
Campaign Officer of the Conservancy Association, to be my interviewee providing me
much variable information. I would also like to thank Department of Public and Social
Administration as a whole for its support for me to finish this dissertation.
I want to thank my supervisors and colleagues, especially Mr. George Li, Mr. Vincent Lam and
Miss Gigi Chung in Home Affairs Department, and Mr. Hill Cheung, Miss Ida Lee and Mr. Kai
Cheung in Registration and Election Office, for their help, support and tolerance given. These
are essential for me to rush this demanding dissertation. I would also thank for encouragements
from my MAPPM coursemates.
Taking this chance, I would like to express my thanks to my family and friends. Without their
understanding and support, I cannot finish the task at all. I am always grateful to have a
supportive family allowing me to concentrate on my study. And I must thank my girlfriend,
Miss Mandy Ieong who always supports me. Lastly I would also thank Sharpskiers and other
friends who have given me help and encouragement in the period.
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Abstract
Heritage conservation in Hong Kong has been a controversial subject of policy since its
handover in 1997. Throughout the 2000s, numerous construction projects and demolitions of
historical buildings were hindered by conservation movements. And the Government has altered
its heritage policy to respond to the new challenges faced. This paper hopes to study related
policy processes of the issue. Three policy theories, namely Easton s Political System Theory,
Sabatier s Advocacy Coalition Framework, and Kingdon s Multi-Stream Theory, would be
adopted as frameworks to analyze originally existing heritage policy, recently emerging
challenges faced by the Administration, and the decision of policy changes. Considering
strengths and limitations of different theories, selected suitable framework would be applied to
different components of the policy area to synthetically and comprehensively understand local
heritage conservation policy. And in this study, Information, statistics, quantitative surveys, an
interview to pressure groups, and cases as examples are used.
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List of TablesTable 1: Combination of Keyword for Media Coverage Search .................................................. 11
Table 2: Questions and Answers of Public Survey on Review of Heritage
Conservation Policy, on 2004/05/23 ......................................................................................60
Table 3: Pressure Groups participated in heritage conservation advocacy ..................................61
Table 4: Donations of HKJCCT for Conservation Project since 2003 ......................................... 64
Table 5: Reporting of Major Local Press on 28 July 2007 for the Hunger Strike ....................... 68
Table 6: Policy Innovations announced by the Administration in the late 2007 .........................82
Table 7: Financial Arrangement of Projects in Revitalizing Historic Buildings
through Partnership Scheme ..................................................................................................85
List of FiguresFigure 1: No. of Chinese Articles with Keywords of "Conservation," "Preservation,"
or "Protection"..........................................................................................................................16
Figure 2: No. of English Articles with Keywords of "Conservation," "Preservation," or
"Protection" .............................................................................................................................. 16
Figure 3: No. of Questions or Motions about Heritage Conservation Raised in LegCo ............. 53
Figure 4: No. of Chinese Articles with Designated Keywords (in Linear Scale) ........................57
Figure 5: No. of English Articles with Designated Keywords (in Linear Scale)......................... 57
Figure 6: No. of Chinese Articles with Designated Keywords (in Log Scale) ............................ 58
Figure 7: No. of English Articles with Designated Keywords (in Log Scale)............................. 58
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Chapter One: Introduction
1.1 Background
Heritage Conservation in Hong Kong has become a heated and controversial topic in the
last decade. The Government of Hong Kong Special Administrative Region ( the
Government ) and private developers have faced massive opposition in their
development projects. Because of economic development, infrastructure constructions
and urban redevelopments, built heritage has been threatened under demolitions for
decades. However, since the handover, these projects were hindered by emergingconservation movements in which stakeholders including local residents and politicians
started participating in heritage conservation advocacy, anti-demolition demonstrations
and public education. Emerging pressure groups for conservation grew in civil society.
And Hong Kongers have showed increasing awareness and consensus on heritage
conservation. The Government altered its policy in response to these challenges. This
essay is written to examine relevant policy processes for understanding the policy
changes. On other words, this essay will discuss under the emerging challenge from
civil society, how local heritage conservation policies changed since the handover.
1.2 Study Goal & Research Question
This study aims to understand changes on local heritage conservation policy. It is worth
studying, first, because this arena is a relatively new scope of study which deserves to be
investigated. Statistics, information, survey and interview findings about heritage
conservation will be examined based on suitable policy frameworks. Second, the issue,
as an emerging policy agenda, is crucially related to future development and renewal of
the city, and to some extent to local public administration. The trend is that rising
pressure groups and conservation campaigns fighting for a more comprehensive and
effective conservation policy will probably continue in the foreseeable future, so this
study hopes to help public administrators better understanding and considering heritage
issues for their policy making. On the other hand, it is a pure research instead of a
policy-oriented research. This preliminary study is planned to understand local heritage
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conservation policy. For practical or detailed policy advices, further researches for
applied policy recommendations should be conducted.
The core research question of the study is to find out reasons for changes in local
heritage conservation policy since 1997. Theories on policy processes will be applied as
frameworks to analyze those changes. No single framework is expected to analyze the
whole policy or all related policy changes, instead, respective strengths of frameworks
were chosen for analyzing different parts of the issue. As this paper is intended to study
the policy changes emerged after the handover, the research focused on the time period
of the HKSAR Administration instead of during the British colonial Government.
1.3 Methodology
1.3.1 Theoretical Frameworks
Conceptual frameworks and hypotheses will be adopted in the research for examining
the components and changes of the conservation policy. Policy process theories,
including David Easton s Political System Theory, Paul A. Sabatier s Advocacy
Coalition Theory and Kingdon s Multiple Stream Theory, are selected as frameworks in
this research. Compared with other instruments i.e. theories and models in researches, a
framework provides only a system in meta-theoretical level. It helps to identify elements
and relationship in the system without setting well-defined variables, establishing
concrete relationships, nor predicting outcomes.1 In this study, the theories mentioned
remains in the level of conceptual frameworks, but not precise theories nor models.
1.3.2 Literature Review
First, scholarly papers and books on policy process theories are reviewed. Second,
academic essays, governmental, council and legal documents on local or foreign
heritage conservation were also read for understanding the issue, especially in local
context. For specific cases, reports of Antiquities Advisory Board or to certain heritage
issues were accessed through library or internet.
1 Elinor Ostrom, Governing the commons:the evolution of institutions for collective action, Cambridge
University Press, 1990, 39-41
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1.3.3 Local News, Publication & Internet
This research to a considerable extent have relied on local press and publications,
because first, it is the most extensive and accessible source of information, and second,
it provide irreplaceable information in some area such as public opinion in certain
period. Internet is also used, as an increasing number of documents and articles can be
accessed via websites but not elsewhere. For example, inmediahk.net, a media website
allowing and promoting free publishing, is an important means of publicity for localists
who little use traditional media.
1.3.4 Interview
An interview to Roy Ng Hei Man, Senior Campaign Officer of the Conservancy
Association, a famous local pressure group for heritage conservation since 1970s, was
conducted in March 2011. It helps to directly understand viewpoints from pressure
group itself to certain issues, including the cooperation among pressure groups, how
they view the changes in this decade.
1.3.5 Survey on Local Media Coverage
A quantitative search on local mass media and the governmental press was conducted on
WiseNews, which includes a database of local press, providing articles from local
newspapers, magazines and other Medias, as well as announcement and press release
from the Information Service Department. In this survey, unsurprisingly only local
newspapers and presses were included. Full list of local presses covered was attached in
Appendix II.
Eight combinations of keywords both in Chinese and English were selected to be input
into the database. The keywords were chosen, because they are commonly used terms
and jargon. While choosing monument instead of heritage is because of the
ambiguity of the latter term referring to both natural and cultural heritage, which is not a
problem in Chinese term gu ji. Combinations chosen cover most fields in the subject.
More combinations can provide a more balanced and comprehensive result, preventing
skewness caused by certain incidents in certain period through the decade. The
translatable combinations are listed as below:
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Table 1: Combination of Keyword for Media Coverage Search
In English In Chinese
"monument" ""
"monument" + "conservation" "" + ""
"monument" + "preservation" "" + ""
"monument" + "protection" "" + ""
"monument" + "revitalization or reuse" "" + " /"
declared monument(s)
"historical building(s)" ""
"graded historical building(s)" "*"
The survey was done on an annual basis, from 1998 to 2010. It was found that since
early 2000s, there has been a stable trend of increase on local coverage about heritage
and conservation, with some peaks in several years during the crisis of Kom Tong Hall
in 2002, redevelopment of Central Police Station Compound in 2004, and demolition of
Queen s Pier in 2007. Although there was no measure to exclude irrelevant news articles,
such as travelling features and translated reporting on foreign heritage, a limited number
of such articles were found, generally less than 10%. It is understandable that these
unrelated articles should not rise to a substantial number during the period, nor
considerably contributes to the soar. The complete result of the survey is attached in
Appendix III, and further discussion will be in following chapters.
1.4 Structure of the Study
The study will be divided into following six chapters. The second chapter will define
key concepts in the study, such as heritage, conservation and policy. The consistent
definitions will provide basis for effective researches and discussions. It is especially
necessary in this paper, in which certain concepts and terms are abstract and ambiguous.
Examples include heritage, conservation and sustainable development.
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In Chapter Three, analytical policy frameworks will be introduced. Basic assumptions,
central notion and major components of Sabatier's Advocacy Coalition Theory,
Kingdon's Multi-Stream Theory, and Easton's Political System Theory will be explained.
This chapter also will serve as a literature review of policy process theories.
In Chapter Four, originally existing conservation policy will be study, to provide basic
understanding for further discussions. In this part, related legislation, institutions,
funding arrangements, and interactions among different actors will be examined with the
three analytical frameworks.
In Chapter Five, recent challenges on local heritage conservation will be analyzed.
Emerging challenges and demands since the handover, such as changes in political
atmosphere, public opinion, civil society, will be identified and discussed with
substainal examples.
In Chapter Six, the frameworks will be applied to analyze the government's heritage
policy changes in the last decade. Alternations of conservation policy including
restructure of organization, introduction of new conservation means and resources
allocation will be introduced and discussed based on the frameworks.
In the Conclusion, the result of the study will be summarized. Reason for alternations on
local heritage conservation policy will be synthesized and strengths and weaknesses of
frameworks applied will be compared.
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Chapter Two: Defining Heritage, Conservation, and Policy
Several key concepts including heritage, conservation, and "policy" will be clarified
before going into the body of this research. It is especially necessary in this paper, in
which some concepts including heritage and conservation are abstract and
ambiguous.
2.1 Heritage
In general, heritage broadly refers to anything, cultural and natural, and tangible and
intangible, inherited from the past. Howard argues that things need to be recognized as
heritage, so identification is essential.2 This study focuses on physically identifiable
built historical heritage in Hong Kong only, and to limited mainly to historical buildings
under the same legal, institutional, funding and administrative framework. It is more
possible to understand this issue, rather than the more extensive policy concerning
natural and intangible heritage. Lichfield refers to built heritage as "hardware aspect of
heritage," which is physically existing, visible, and easily identified. He suggests three
kinds of built heritage: Monuments, Buildings and Sites.3
In Hong Kong, buildings are
the most common form of built heritage and more frequently exposed to the threats
raised by redevelopment projects or other works.
Jokilehto adopts the idea in the Venice Charter (an international charter for conservation
and restoration) that a heritage is imbued with a message from the past, and the
historic monument of generations of people remain to the present day as living
witnesses of their age-old tradition. He argues that the value of a heritage item depends
on its authenticity which is the basic principle and guideline in the Venice Charter.4
Based on the Venice Charter, the Australian International Council on Monuments and
Sites Charter for Places of Cultural Significance 1999, or the Burra Charter, states
2 Howard, Heritage management, interpretation, identity, Continuum International Publishing Group,
(2003) 63 Lichfield, Economics in Urban Conservation, Cambridge: Cambridge Universtiy Press, (1998)4 Jokilehto, History of Architectural Conservation, (1986) 6-9
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heritage is an entity with aesthetic, historic, scientific, social or spiritual value for
past, present or future generations. And the value of heritage "is embodied in the place
itself, its fabric, setting, use, associations ..." It supports that a built heritage means more
than the building itself, but includes its surrounding environment, function, and other
related objects. (Art 1.2) Jokilehto also argues to the need to include entire historic areas
instead of single buildings.5 Nonetheless, the Charter accepts that heritage "have a range
of values for different individuals or groups." (Art 1.2) 6 In other words, the Burra
Charter supports subjective criteria, such as collective memories, for assessments.
There is no precise definition of heritage in local legislation. Antiquities and MonumentOrdinance (A&MO) lacks a detailed definition of heritage, not to mention for built
historical heritage. The three concepts stated in The Burra Charter are not included in
assessing or grading procedures by Antiquities and Monument Office (AMO). However
they have become influential among the public. In the media coverage survey, it is
shown that the term conservation is replacing preservation and protection.
Regarding the trend, this study adopts the boarder definition of heritage in The Burra
Charter. Namely, a building with aesthetic, historic, scientific, social or spiritual values,
encompassing its surrounding environment, function, and other related objects, is
heritage. And subjective assessing criteria from particular groups and the public,
including the concept of collective memory, will also be included.
2.2 Conservation
In "Principles for the Conservation of Heritage Sites in China," conservation refers to
preserving "the physical remains of sites and their historic settings," and "the
authenticity of all the elements of the entire heritage site," in order to "retain for the
future its historic information and all its values." (Act. 2)7 The Burra Charter embraces
an even wider meaning of conservation to include all processes to take care of a place
5 Jokilehto, History of Architectural Conservation, 8,96 The Australian International Council on Monuments and Sites (ICOMOS), Charter for Places of Cultural
Significance 1999 (Burra Charter), 1999, accessible via http://australia.icomos.org/wp-
content/uploads/BURRA_CHARTER.pdf, p.27 Agnew, Neville, Demas, Martha, "Principles for the Conservation of Heritage Sites in China". Getty
Conservation Institute, 60.
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for retaining its historical value and cultural significance. Both documents show
conservation goes beyond preserving physical fabric and appearance of buildings,
instead, it included steps to retain historical and cultural values by all means. It further
urges conservators to keep environmental settings, use, associations and other related
objects unchanged as far as possible, (Art 1.2) and to respect existing fabric, use,
associations and meanings. (Art. 3.1) Larkham also argues that conservation deals with
more than mere aesthetics, not only to conserve materials of a heritage, but also to
maintain values embodied by it. And to some extent, the latter aim is rather more
important than the former one.8 This research also adopts this definition of conservation
which tries to keep all related elements unaltered. A cautious approach to change aslittle as possible is needed.
Nonetheless, it is necessary to delineate the concepts conservation and preservation.
These two concepts are closed and confusing in heritage policy. According to the Burra
Charter, conservation means all the processes of looking after a place so as to retain its
cultural significance, while preservation means maintaining the fabric of a place in its
existing state and retarding deterioration (Art 1.4&1.6) Cohen argues, on an urban
scale, conservation handles the urban environment as a whole, and not only
architecture.9 This research reflects this boarder sense of conservation concerning
policy on built heritage, because as mentioned it became more accepted from the public.
In the local press survey, three terms, conservation, preservation and also
protection, increased from 1998 to 2010, but in a contrasting level. The rise of
conservation mentioned in local media was much higher than the other two. In both
Figure 1 and 2, the term conservation (in blue) was found less used than
preservation (in red) and protection (in yellow) until the mid 2000s. Since then, the
frequency of using conservation soars in a largest degree, and becomes the most
popular one among the three terms. It showed the public turned to more accept
conservation than preservation or protection as in handling heritage.
8 Larkham, Conservation and the City, London: Routledge, (1996) 859 Cohen, Urban Conservation, Cambridge, (Mass: MIT Press, 1999) 13
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Figure 1: No. of Chinese Articles with Keywords of "Conservation," "Preservation," or "Protection"
Figure 2: No. of English Articles with Keywords of "Conservation," "Preservation," or "Protection"
2.3 Policy
Policy, in this paper, refers to the public policy of heritage conservation in Hong Kong.
In Jenkins work on public policy in 1978, he defined policy as:
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A set of interrelated decisions taken by a political actor or group of actors concerning
the selection of goals and the means of achieving them within a specified situation
where these decisions should, in principle, be within the power of these actors to
achieve.10
In local sense, heritage conservation policy is the Government s decision of actions to
conserve or of inaction, with related means adopted via legal and regulatory framework,
participating institutions and related financial arrangements. Therefore, in this paper, the
Government s enactment of laws, reorganization of department, introduction of
programmes, and allocation of resource for conservation are areas of discussion of thepaper.
On the other hand, local heritage issue is basically a regulatory policy, with no
connection to distributive or re-distributive issues. Traditionally the public viewed
heritage conservation as a trade-off from development which mainly means
constructions and commerce in the past. Changes on the concept of models of
development, e.g. the sustainable development which requires more balance on
environmental, social and cultural factors, provide local society larger rooms to discuss
and reform heritage conservation policy, which is considered more positive and essential
in the last decade.
10 W.I. Jenkins, Policy Analysis: A Political and Organizational Perspective (New York: St. Martin's Press,
1978) 15
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Chapter Three: Analytical frameworks
Three analytical frameworks are applied in this study. They are chosen with reference to
important features of science. 11 Although not all of them fulfill criteria for scientific
theories including clearly defined variables and hypotheses, and falsifiable hypotheses,
as mentioned, they are suppose to act as frameworks, requiring less clear definitions
especially on directions and magnitudes. As frameworks, the three theories chosen need
to identify elements and relationship in the system, but not to further measure their
detailed directions and magnitudes. These frameworks establish casual relationships
among variables. Examining causation analyzes the issue more deeply and logically.
The stages heuristic is therefore excluded in this research, although it is common in
analyzing policy process. And comparatively the three frameworks are internally
consistent. The Premises, basic notions, variables, and hypotheses of the systems of
three chosen analytical frameworks will be introduced as following.
3.1 David Easton s Political System Framework (PSF)
David Easton s political system theory is a general theory to analyze general political
phenomena, emphasizing on abstractly analytical functions, to study and explain
common political problems. This system, as a general analytical framework, can be
adopted to help analyze local heritage conservation policy.
3.1.1 Premises & Basic Notions
Easton argues that political life is a system of behavior, and takes a behavioural
approach to focus on the political interactions in a society. A political system, according
to him, allows authoritative allocations of social values, inducing people to accept the
results as binding. And this feature of authoritative allocations distinguishes a political
system from other social systems. In the system, various political behaviours such as
11 Charles Lave and James March, An introduction to Models in the Social Science (New York: Harper &
Row, 1975)
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intensity of people s demands to the authority and level of their acceptance to the
authoritative allocations are identified as variables. A political system can be analyzed
by examining linkage and relationship among variables.12
PSF is a delimited system with boundaries, cutting off between political interactions and
other kinds of behaviours. Easton urges to identify whether behaviour in the real world
belongs to the political system, although it may not be obvious. The system is not in a
vacant space; instead, it is surrounded and also influenced by natural and social
environments. The term intra-societal environment refers to social and physical
environments within society that the political system belongs to, while extra-societalenvironments refer to those outside society. These two types of environments compose
the total environment. Furthermore, PSF is an open system influenced by its
environment. Disturbance refers to influences from the total environment to a political
system. Disturbances cause stress to the system, forcing it to respond, although there are
also neutral and even positive disturbances. To maintain existence itself, Easton
emphasizes that most political systems can respond to stress.13
3.1.2 Variables
3.1.2.1 Essential Variable
The system needs to respond to stress aroused by disturbance, because it affects the
capacity of authoritative allocations and people's acceptance to binding decisions of the
system. These two basic components of a political system are known as "essential
variables," which determine continuity of the system. Stress can detract them from an
acceptable level, leading a system to stop functioning and collapse. To prevent its
collapse, however, political systems can respond to stress keeping essential variables
within a critical range.14
3.1.2.2 Input
12 David Easton, The Political System An Inquiry into the State of Political Science, New York: Alfred A.
Knopf, Inc., 1953, 201-205, 309-316
David Easton, A System Analysis of Political Life, New York:John Wiley & Sons, Inc., 1965, 17, 1813 Easton, A System Analysis of Political Life, 21-2514 Easton, A System Analysis of Political Life, 23,24
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Input and output are variables in the theory of political system. Input is a summary
variable including all kinds of stress. Demand and support are the two major inputs.
Stresses produced in the total environment enter the political system, as forms of
demands or supports. Demands directionally force the system to respond. Most of the
demands are transferred with a specific conversion process under transformation rules
from desires in the total environment. While some of them may be aroused inside the
system, for example, a legislator or a party discontent with the current election system
and demand for changes. Easton names it "withinputs.15
3.1.2.3 Output
On the other hand, output is a response of the political system to the environment. As
mentioned above, a political system will respond to stress, then output will be made
influencing the environment and as a result the output will in turn affect back the system
itself. Easton chooses to generally theorize common political behaviours, and less
concerned with empirical and case-specified analysis. Therefore, he directly adopts the
concept outputs of the authority, skipping the complex politics of decision making
processes inside the system. He argues, in a general theory, identifying and establishing
relationships among observable variables, including input and output, are suitable for
studying general political behaviours. He regards the internal decision making process
as an invisible black box. 16
3.1.3 Hypotheses
Except its impact on the total environment, output is important as it also determine
inputs to the system in the future. Outputs from the authority will interact with and
influence the environment, both intra-societally and extra-societally, provide feedback
to the system as input. It is because the changes generate new kinds of inputs, including
supports and demands. The authority will seek these feedbacks as information to modify
its previous policy. This cycle of "input - output - feedback - re-output" continues, and
15 Easton, A System Analysis of Political Life, 25-2716 Easton, A System Analysis of Political Life, 27-29
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called it a feedback loop. Therefore a political system is not in a status quo, instead, it
is continuously dynamic.17
In short, according to Easton, a political system is a large and continuous conversion
process. Variables including inputs and outputs keep entering and being produced in the
system. This conversion process as well as the feedback loop will continue, until the
political system stop to function or collapse. This, as a general political theory, will be
applied on the issue of local heritage conservation in following chapters. Although
Easton lays out a structural model with delimited boundaries, but it is also fluid and its
terms are not clearly defined and variables including input and output keeps non-stopchanging.
3.2 Sabatier s Advocacy Coalition Framework (ACF)
Another analytical tool in this study is Paul A. Sabatier and Hank C. Jenkins-Smith s
Advocacy Coalition Framework, which has been widely applied in OECD cases.18
3.2.1 Premises & Basic Notions
Sabatier s ACF based on five basic premises, first, to emphasize the role of technical
information in the process of policy change. Second, in time perspective a decade or
more is needed for understanding policy change. Third, policy subsystem is the most
useful unit to analyze policy change. Forth, journalists, researchers and policy analysts
and active actors at all level of government are added onto traditional notion of iron
triangles, administration, legislature and interest groups. And finally, the belief system
matters.19
Based on ACF, in a policy subsystem, active actors from various public and private
organizations who are concerned with certain policy issue, regularly attempt to affect
17 Easton, A System Analysis of Political Life, 27-3318 Paul A. Sabatier and Hank C. Jenkins-Smith, The Advocacy Coalition Framework: Assessment in
Theories of the Public Process, ed. Paul A. Sabatier, (Oxford: Westview, 1999), 117,11819 Sabatier and Jenkins-Smith, The Advocacy Coalition Framework, 118-120
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the policy. And advocacy coalitions, in which their members share a set of policy beliefs
and engage in coordinated activity over a period of time, exist in most policy subsystem.
They adopt strategies involving the use of guidance instruments, such as changes in
rules, budgets, personnel, or information, as means to alter the behavior of authorities to
promote and achieve their policy objectives. In case of conflicting strategies, a policy
broker, referring to a third group of actors between coalitions, may mediate and find
reasonable compromises to reduce intense conflict. This activity will lead to
governmental programmes, which then affect the environment and may cause coalitions
to revise their beliefs or to alter their strategies. Sabatier also argues for the importance
of interaction among coalitions, and emphasizes belief system of policy elites underwhich policy-oriented learning occurs. It is relatively enduring alternations of thought or
behavioral intentions that result from experience and/or new information and that are
concerned with the attainment or revision of policy objectives. Policy changes are the
results of both the competition inside a policy subsystem and the changes outside the
subsystem.
3.2.2 Variables
Variables in ACF are grouped into three categories, policy subsystem, exogenous
variables, and constraints and resources of subsystem actors.
3.2.2.1 Belief system
In an advocacy coalition, goals are complex, and cognitive biases and constraints affect
individuals perceiving and processing abilities. Therefore actors perceptions are
strongly filtered by their preexisting normative and perceptual beliefs, while their
analyses to information are limited by time and computational constraints. So a belief
system is a crucial element inside a coalition. The belief systems of a coalition are in a
hierarchical tripartite order. Deep core beliefs are basic normative and ontological
beliefs influencing all policy subsystems, which are difficult to change. Secondly,
policy core belief refers to normative commitments and causal perceptions across an
entire policy subsystem. Sabatier regards policy core beliefs as the fundamental glue of
coalition because this level of belief represents basic commitments among specialized
policy elites within the domain. Policy core beliefs of a coalition are fairly consistent for
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a period of time, but it will change over time following the changes in external
environment and after obtaining more evidence. Thirdly, is the secondary aspect the
comprises a set of subsystem-wide beliefs regarding seriousness of a problem, relative
importance of causal factors in a specific case, and policy preferences concerning
desirable regulations or budgetary allocations.20
3.2.2.2 Stable Exogenous Variables
Exogenous variables in an ACF will affect constraints and opportunities of subsystem
actors. They can be classified into two categories, one for relatively stable parameters
while the other for those more dynamic. The relatively stable set of parameters includes
basic attributes of the problem area, basic distribution of natural resources, fundamental
socio-cultural values and social structure, and basic constitutional structure. Sabatier
regards these variable are extremely difficult to change and therefore seldom the
subject of coalition strategies.21
Sabatier, citing Moe s example on different strategies
between coalitions in separation-of-power systems and their counterpart in Westminster-
style systems, suggests that as a law is difficult to overturn once it is enacted, legislation
is a typical focus of coalitions in the former system.22
3.2.2.3 Fluid Exogenous Variable
The set of dynamic factors are more fluid and changeable over a period of time, which
according to Sabatier is probably a decade. There can be changes in socio-economic
conditions, changes in systemic governing coalitions, policy decisions and impacts from
other subsystems. Sabatier argues these variables are a critical prerequisite to major
policy change. 23
20 Sabatier and Jenkins-Smith, The Advocacy Coalition Framework, 130-13521 Sabatier and Jenkins-Smith, The Advocacy Coalition Framework, 12022 Ibid23 Sabatier and Jenkins-Smith, The Advocacy Coalition Framework, 120-121
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3.2.2.4 Constrains and Resource
Most changes in exogenous variables will affect constraints and resources and then as aresult affect subsystems. Resources of coalitions and their actors in a policy subsystem
are influenced by constraints and resources in the environment.24
3.2.3 Hypotheses
Sabatier sets up nine hypotheses and later categorizes them into three groups,
respectively concerning advocacy coalition, policy change and learning across coalitions.
Among each category, one suitable hypothesis is selected for applying on this issue:
Hypothesis Concerning Advocacy Coalitions:
II. Actors within an advocacy coalition will show substantial consensus on issues
pertaining to the policy core, although less so on secondary aspects.
Hypothesis Concerning Policy Change:
II. The policy core attributes of a governmental action program are unlikely to be
changed in the absence of significant perturbations external to the subsystem.
Hypothesis Concerning Learning Across Coalitions:
IV. Policy oriented learning across belief systems is most likely when there exist
a forum that is:
(1) Prestigious enough to force professionals from different coalitions to
participate and
(2) Dominated by professional norms.
(Sabatier and Jenkins-Smith, The Advocacy Coalition Framework, p.124)
Sabatier s ACF is also a general theory possibly to be applied to various policies. But
comparatively, critical terms in ACF are defined more clearly than those in Easton s
political system framework. It basically contains two casual drivers, the core value, the
24 Ibid
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common belief system, among coalition members and external perturbation. And
hypotheses are clearly set, so falsifiability and applicability as an analytical framework
in this study, can be easier tested.
3.3 Kingdon s Multiple Streams Framework (MSF)
The final framework is provided by Kingdon s multiple streams theory, explaining pre-
decision processes including agenda setting and alternative specification. It is
considered as a unique comprehensive model of agenda setting.25 Unlike the previous
two frameworks, it does not intend to examine the decision making or output of asystem.
3.3.1 Premises & Basic Notion
3.3.1.1 Ambiguity
Kingdon argues a circumstance can be interpreted by many ways of thinking. These
perspectives may be reconcilable, vagueness, confusion and stress are caused. Cohen,March, and Olsen s explains three general properties: problematic preference, unclear
technology, and fluid participation in organized anarchies.26
First, people fail to define
goals. Nikolaos Zahariadis adds that politicians are forced by time constraints to make
decisions without clearly defining their preferences.27 Conflict will be raised inside an
organization when its members define their goals imprecisely. Cohen names an
organization in this condition as a loose collection of ideas which is unlikely to act on
the basis of goal. Second, technology, as a process turning inputs into output, is
unclear. Organized anarchies members do not sufficiently understand processes of their
organization. They only realize their own responsibility instead of that of partners or the
organization. Their jobs do not fit into the organization s general picture. So participants
25 Robinson, N. The Politics of Agenda Setting: The Car and the Shaping of Public Policy, UK: Ashgate
Publishing Limited, 2000.26 Nikolaos Zahariadis, Ambiguity, Time and Multiple in Theories of the Public Process, ed. Paul A.
Sabatier, (Oxford: Westview, 1999), 72-7427 Nikolaos Zahariadis, Ambiguity, Time and Multiple, 75
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tend to operate by trial and error to learn by experience and by pragmatic invention in
crises. Third, fluid participant and drifts of staff from one position to the next lead fluid
and unclear decisions. Moreover, members in nongovernmental organizations are
involved in certain subjects from time to time, and devote their time and effort to
decision making in different point of time.28
3.3.1.2 Temporal Sorting
Due to ambiguity, definition of problem is vague and probably shifting, hindering the
separation of relevant and irrelevant information for decision making. As a result,
preferences and problems cannot be clearly identified, and alternatives for most benefits
are not findable. MSF, therefore, is not based on the assumption of rational behaviors.
Instead, it accords to time. Drucker and Mackenzie suggest that as time is a unique and
scarce resource, it is the primary concern of decision makers to manage it effectively
rather than to manage a task itself.29
Nikolaos Zahariadis argues, in MSF, individuals
are assumed as less capable to choose an issue they hope to solve, but are more
concerned about the multitude of problems.30
3.3.1.3 Visible and Hidden ParticipantsKingdon distinguishes visible participants, such as the executive branch, bureaucrats,
media and politicians, from hidden participants, such as interest groups, researchers and
professionals. He delineates their respective role in policy process that the visible cluster
affects the agenda while the invisible cluster affects the alternatives.
3.3.2 Variables
3.3.2.1 Three Streams
The problem stream refers to problem recognitions in the MSF, which is crucial in
agenda setting. Kingdon explains that policymakers pay attention to some problems
28 Kingdon, J.W, Agenda, Alternatives and Public Policies. 2nd ed. (New York: HarperCollins College,
1984), 8929 Peter Drucker, The Effective Executive (New York: Random House, 1967), 25; R. Alec Mackenzie,
The Time Trap (New York: AMACOM, 1972) 230 Nikolaos Zahariadis, Ambiguity, Time and Multiple, 75,76
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instead of others, as these conditions are defined as problems. He writes conditions
come to be defined as problems, and have a better chance of rising on the agenda, when
we come to believe that we should do something to change them. 31 Attention-catching
indicators assessing magnitude of changes, dramatic events or crisis, and feedback from
existing programs are possibly to be defined as problem. And problems involve a
perceptual, interpretive element. 32 People to certain extent subjectively consider a
problem with their own values. This element decides which conditions become seen as a
problem while others do not.
In the policy stream, public policy proposals are formed and developed in the policycommunity which is a network of bureaucrats, politicians, academics, and researcher in
think tanks who are concerned on the same policy area. A wide range of ideas are
floating around the policy primeval soup. 33 However, only a few of them can receive
considerations, after being selected under criteria of technical feasibility and value
acceptability. Also, policy proposal conforming policymakers values are more likely to
be considered.
In the political stream, three elements, national mood, pressure group campaign, and
turnover in the executive and legislature are powerful agenda-setters. National mood
refers to a situation that most citizens of a country tend to think along certain common
lines, which changes occasionally. Officials tend to response to it to include agendas
people are concerned and prefer to ignore others. Campaigns of pressure groups provide
politicians with opportunities to formulate an image of balancing support and opposition,
leading to the prominence or obscurity of the issue. Turnover of key positions in the
administration, probably after elections, has an effect because new presidents and prime
ministers raise new priorities, programmes, or problems onto the agenda. Kingdon
concludes the combination of national mood and the turnover are crucial to political
process on agendas.
31 Kingdon. Agenda, Alternatives and Public Policies. 19832 Kingdon. Agenda, Alternatives and Public Policies. 11033 Nikolaos Zahariadis, Ambiguity, Time and Multiple, 76-78
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3.3.2.2 Policy Entrepreneurs
Policy entrepreneurs are individuals in or outside the government willing to invest
resources including energy, time and money for anticipated future returns. Anticipated
returns include material or purposive benefits, such as proposed policies, participating
satisfaction or personal benefit like career promotion.34 They use their time and energy
to educate the public thus keeping the concerned issue alive. They soften up both the
policy community, which tend to be inertia-bound and resistant to major change, and the
larger public, providing them new ideas and building acceptance for their proposal.35
Policy entrepreneurs must seize the chance of policy windows to initiate actions,
attaching the problem to their proposed solution and seeking politicians to accept their
idea. The chance to enter the policy agenda will dramatically rise, if the three streams of
a problem are coupled by entrepreneurs on time.
3.3.3 Hypotheses Coupling & Policy Window
None of the three streams are respectively sufficient to push an issue on the decision
agenda. In MSF, therefore the crucial argument is coupling, in which the three streams
are joined together in time at critical moments. 36 Kingdon defines these moments,
namely policy windows, as fleeting opportunities for entrepreneurs to promote
attention to their problems or to push their policy solutions. Pressing problems or events
in political stream can be chances for policy entrepreneurs to open policy windows.
However, policy windows are scarce and usually open for a short time. If any of the
three streams is missing, or if policy entrepreneurs fail to couple them in time, the
window closes and the problem is less like to be addressed.
To sum up, MSF is a synthesis theory combining the role of actors, problems and
exogenous developments in a single comprehensive model of agenda setting.37 Kingdon
consider policy decisions as collective output by several factors, and therefore
information among the system affects choices. Compared with Easton s ignoring the
34 Kingdon. Agenda, Alternatives and Public Policies. 17935Kingdon. Agenda, Alternatives and Public Policies. 12836 Kingdon. Agenda, Alternatives and Public Policies. 16537 Robinson. The Politics of Agenda Setting:, 2000.
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process inside the black box in PSF, Kingdon in contrast focuses on transformation
from input to output. MSF assumes a considerable amount of residual randomness and
views systems as constantly evolving and not necessarily setting into equilibrium.38 It is
competent to explain non-incremental policy change.39
38 Kingdon. Agenda, Alternatives and Public Policies. 21939 Mucciaroni, G.. The Garbage Can Model and the Study of Policy Making: A Critique, Polity, Vol. 24,
No. 3, (1992 ) 459-482.
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Chapter Four: Original Conservation Policy
Before going on to examine the policy changes, it is necessary to review the originally
existing conservation policy. This chapter introduces major regulative and institutional
frameworks, pressure group activities and funding arrangements for local heritage
conservation in the late 1990s. Frameworks will be adopted for analysis.
4.1 Legislation, Regulations & Guidelines
4.1.1 Antiquities and Monument Ordinance (A&MO)
A&MO (Cap. 53) provides the legal basis for the Antiquities Authority for executing
conservation measures. Antiquities Advisory Board (AAB), a statutory advisory body
for local conservation issue, was set up based on the ordinance. (Sect. 17) After
consulting AAB and getting CE s approval, Antiquities Authority can declare a building,
site or structure to be a monument, or a proposed monument. (Sect. 1-4) These statutory
statuses protect the monuments and proposed monuments, though for the latter case it is
only for 12 months, from damage, alternation and demolition. One of the major
criticisms to A&MO is its vague definition. Zhao Shao-zan, a famous local
archaeologist, criticized that its power to preserve heritage is insufficient. It does not
clearly define a heritage to be legally protected under the Ordinance, and this weakness
causes difficulty for preserving local heritage, especially on private lands.40 With the
vague definition in A&MO, only those heritage or sites the Antiquity Authority
regarded as historically or architecturally important would be declared as a monument,
receiving legal protection. Under this circumstance, many buildings, with known
historical or cultural value, were not accepted by the Authority while no measures for
enabling participation or appeals are provided to the public and AAB.
40 Committee of CU Student Press, "Interview about Local Archaeology," CU Student Press, 2000
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4.1.2 Graded Historical Buildings
Apart from declaration of monuments, selected old buildings were assessed and graded.After visiting Department of Environment of UK for examining its heritage policy, a
similar grading system was introduced to Hong Kong in the 1980s. (AAB s annual
report) The system encompasses three categories:
Grade I : Buildings of Outstanding Merit, every effort should be made to
preserve if possible
Grade II : Buildings of Special Merit, efforts should be made to selectively
preserve
Grade III: Buildings of Some Merits, not yet qualified for consideration as
possible monuments
According to Miss Angela Siu, then Curator (Historical Building) of Antiquities and
Monument Office (AMO), this three-tier grading system is an administrative measure,
providing AMO reference for conservation works. The Office classifies the buildings
based on their ages, architectural merits, association with local historical events and
figures. The list will be distributed to all relevant departments, and AMO will be
informed when these buildings are proposed for demolition, helping the Office to act at
an early stage to protect the heritage. However, as an internal assessment it provides no
legal protection to the graded buildings.41 No financial assistances were provided to
private owners as well. On the other hand, the grading system introduced from the then
suzerain was a policy transfer. To some extent this lesson-drawing can explain the
influence from extra-societal environments in PSF. Successful experience from foreign
countries would encourage demands for policy transfer, although there is no evidence of
conservator s related demand found.
41 Chui Hau Man, Melody, Tsoi Tan Mei, Anges, Heritage Preservation: Hong Kong & Overseas
Experience, Conservancy Association, August 2003, can be accessed via
http://www.conservancy.org.hk/heritage/Heritage_Report_eng.pdf
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4.1.3 Environmental Impact Assessment Ordinance (EIAO)
In 1998, EIAO (Cap. 499) was enacted to avoid and control adverse impacts of
designated projects on the environment, and it addressed project-specific and site-
specific environmental requirements. 42 Since then, designated construction and
operation projects were required to fulfill environmental impact assessments for
applying the environmental permits which is needed for works. Local heritage were
under protection of the statutory assessments according to supplementary regulation of
EIAO. Under the Ordinance, technical memorandum and guideline with criteria and
special requirement for cultural heritage were issued. 43 Under these legislation and
regulations regarding construction works, classified heritage potentially threatened are
protected through statutory impact assessments. However, only declared monuments,
and rarely other built heritage such as graded buildings, are classified as sites of
cultural heritage in normal practice. Therefore protection from EIAO is mainly limited
to declared monuments.
4.1.4 Planning-related Laws and Regulations
Town Planning Ordinance (TPO)(Cap. 131) is the legal framework for local town
planning, setting up a statutory body, the Town Planning Board (TPB) and provides
legal status for statutory plans. Any building works not in accordance to the plans or
without TPB s permission are prohibited. (Sect. 3&4) Although no designated zoning
42 LegCo, Paper for the House Committee meeting on 10 January 1997 Report of the Bill Committee onEnviromental Impact Assesment Bill LegCo Paper No. CB(1) /96-97Ref : CB1/BC/20/9543
Technical Memorandum on Environmental Impact Assessment Process is issue under EIAO to
provide detailed and technical guidance for assessment. (Sect. 16) Technical criteria and guideline for
heritage conservation is in its two annex, Criteria for Evaluating Visual and Landscape Impact, and
Impact on Sites of Cultural Heritage, Guidelines for Assessment of Impact on Sites of Cultural Heritage
and Other Impacts. (Annex 10&19)
Guidance Notes of Assessment of Impact on Sites of Cultural Heritage in Environmental Impact
Assessment Studies specifies certain criteria, such as age (pre-1950), qualities of historical, architectural
and cultural value for buildings and sites to be protected, and be restricted to undergo an assessment.
Relevant procedure and methodology for assessing potential adverse impacts on sites of cultural heritage
is written as well.
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Without statutory power and detailed practical measures, its effectiveness was in doubt,
although it is pro-conservation and comprehensively defines heritage and conservation
principles.
Buildings Ordinance (Cap. 123) and its subsidiary legislation control the density of
buildings development and restrict the plot ratio of areas in Hong Kong. These
restrictions are important to limit the potential of redevelopment in certain old urban
areas where built heritage were threatened by urban redevelopment. Under the
Ordinance, Buildings Department issued their Conservation of Historic Buildings:
Practice Note for Authorized Persons, Registered Structural Engineers and RegisteredGeo-technical Engineers for restoration and renovation practice for built heritage.
48But
according to Building Ordinance, there is no power to stop demolitions of built heritage.
Private owners can apply to Building Department for demolishing their building and the
Director for Building cannot reject the application by the reason of conservation.
Examples will be shown in cases of Kom Tong Hall and Morrison Building in the next
chapter.
On the other hand, some of existing Building laws hinder conservation to certain built
heritage. The Buildings (Construction) Regulations (Cap. 123B) requires protective
barriers of a building in at least 1.1m (Sect. 8), which is higher than that of some old
buildings. Conservation works to "Wo Cheong" pawn shop in Wan Chai and Lui Seng
Chun in Sham Shui Po needed to heighten the barriers, affecting the historical values of
heritage. While Fire Safety (Buildings) Ordinance (Cap. 572) regulates the fire safety
standards of a building, and causes difficulties from keeping outdated architectures and
facilities. In URA s revitalization project of "Wo Cheong" pawn shop, a pre-war
tenement house, a distinctive wooden staircase was demolished in according to the
modern standard of the Ordinance.49
48Buildings Department, Conservation of Historic Buildings: Practice Note for Authorized Persons,
Registered Structural Engineers and Registered Geo-technical Engineers, 2009, accessed via
http://www.bd.gov.hk/english/documents/pnap/signed/APP069se.pdf49 Hong Kong Economic Journal, New Fire Safety Guidelines Should be Made for Old Buildings (
), 2005-11-15
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4.1.5 Urban Renewal Legislation
Land Development Corporation Ordinance (LDCO) (Cap 15) was enacted in 1987 to set
up Land Development Corporation (LDC) and to provide LDC legal base to handle
urban redevelopment. LDC can use Lands Resumption Ordinance (Cap. 124) to
facilitate resumption of lands. But LDC s progress of redevelopment is regarded as
unsatisfied. Except a few successful cases such as Jubilee Street project (currently The
Center) and Wing Lok Street Project (currently Grand Millennium Plaza), most
redevelopment projects faced obstacles. After Urban Renewal Authority Ordinance
(URAO) (Cap. 563) enacted in 2000, Urban Renewal Authority (URA) was established
in the next year, replacing LDC to handle urban renewal issues. URAO laid down the
power, responsibility and formation of the management of URA. In addition to the
redevelopment affairs of LDC, URA is also responsible for preservation of urban built
heritage. URAO lays down that URA are responsible for preserving "buildings, sites and
structures of historical, cultural or architectural interest." (Sect. 5) URA was assigned to
identify and preserve buildings of historical, cultural or architectural interest, including
preservation as far as practicable of local characteristics . URAO requires Planning,
Environment and Lands Bureau to consult the public for finalizing the Urban Renewal
Strategy. (Sect. 20) URA needs to carry out the strategy and follows guidelines on this
document to prepare its draft plans. It is supposed to help transparency of URA s
planning and enhance public participation. However its effectiveness to reflect public
opinion on affected urban built heritage was limited with the lack of details, although it
was revealed later in mid-2000s.
4.1.6 Other Laws and Regulations
Other laws such as Country Park Ordinance (Cap. 208),50 regulations and circulars like
Procedures for EIA of Development Projects and Projects, 51 also play a role in
50 Country Park Ordinance (Cap. 208) empowers the Country Park Authority to preserve and maintain
buildings and sites of historical and cultural significance within country parks and special areas but
without prejudice to the AMO . (Sect. 4C) One of the examples is the conservation of Tung Lung Fort,
which was declared as a special area under the Ordinance and was laid in a Country Park. Antiquities and
Monuments Section, Urban Services Department, Report of the Antiquities Advisory Board, Government
Printer, Hong Kong, 1979, p.7
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4.2 Institutions
The role of institutions of heritage conservation is important, because they are privileged
in their position to formulate and implement the policy. Most of following are
organizations respectively empowered by related laws with their own unique roles to
implement the conservation policy.
4.2.1 Antiquities Authority & Heritage Policy Bureau
Until 2007, Secretary for Home Affairs (SHA) from Home Affairs Bureau (HAB), wasthe Antiquities Authority to be responsible for heritage-related issues. According to
A&MO, after consultation with AAB, SHA can declare historical building as a
monument or a proposed monument by notice in the Gazette. SHA needs to work with
AAB and AMO for advices and execution for heritage conservation. HAB as a policy
bureau is the policy formulation institution overseeing local heritage conservation policy.
This organization that SHA and HAB were principally responsible for local heritage
conservation was always criticized by conservators, as the Antiquity Authority did not
manage lands, planning or development which are regarded directly related to
conservation. For example, in 2007, Hong Kong Institute of Planners (HKIP) wrote to
HAB suggest moving AMO under Housing, Planning and Lands Bureau for introducing
heritage conservation zone and increasing efficiency. 53 They argued that without
necessary coordination, heritage will be exposed and threatened by commerce and
development. They also criticized the Authority for ignoring advices from AAB. For
example, the government sold the land of Murray House to Bank of China in 1982,
despite being advised by AAB to declare it as a monument since mid-1970. The removal
of the Tsim Sha Tsui Railway Station for building Hong Kong Cultural Centre in 1984
was another example that SHA tends to execute the Administration s plan rather than
serve to conserve local heritage. The Authority was also criticized as he rarely used the
power declare a historical building as a monument or a proposed monument if no
agreement was given from its owner.
53 Wen Wei Po, Antiquities should be preserved in Town Planning and Renewal (
), 1999-12-14
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4.2.2 Antiquities Advisory Board (AAB) & Antiquities and Monuments Office (AMO)
AAB is a statutory body to advise the Antiquities Authority for matters relating to
antiquities and monuments.54
Historical Buildings and Structure Committee among the
three committees under the Board is responsible for built heritage conservation and
grading advices.55 As just mentioned, the Antiquities Authority needs to consult AAB
before declaring a building as a statutory declared monument. It is also responsible for
grading historical buildings. People criticize for the unclear criteria for CE to appoint
members of AAB. This will be discussed in the conservation movement for Queen s
Pier in the next chapter.
AMO is a sub-department in Heritage and Museums Division of Leisure and Culture
Service Department (LCSD). The Office is the executive arm of Antiquities Authority
and the secretarial of AAB. As an executive arm of Antiquities Authority and AAB,
AMO is comprised by heritage professionals to identify, assess, and conserve heritage,
as well as to promote and educate the public. However, people always criticize that
AMO lacks resource and cannot perform its duty on conserving historical buildings.
According to a press release from LCSD, in AMO there were 38 staff in 1999 and 50 in
2002.56 In an AAB meeting in 2005, the problem of shortage of manpower and services
affected were raised. 57 And for the budget, it was $17 million and $27 million
respectively. With this sharp increase, however, for AMO it was still woefully
inadequate. 58 In fact, conservation to historical buildings was only carried out by one
out of the six sections of the Office. The Office even needs to seek funding outside. For
54 The number of committee members is steady increased from nine in 1977 to about twenty in the late
1990s and un-officialized. In 1979, four out of nine members are official members including theChairman and Vice Chairman. And until 1990 that official members were no longer appointed to the AAB,
representative of Urban Council and Rural Council were members of the Board) (Antiquities and
Monument Office Recreation and Culture Branch, Report of AAB 1988 & 1989, p.2855 In each committee, about ten members, in which a few are co-opted members, focus on own issue and
report to the main Board. Antiquities and Monument Office Municipal Service Branch, Report of AAB
1986 & 1987, p.2356 Leisure and Cultural Services Department, AMO leads way in heritage preservation, February 24,
2002, www.lcsd.gov.hk/en/ppr_release_det.php?pd=20020224&ps=02)57 Antiquities Advisory Board, , Minutes Of The Open Session Of The 121st Meeting, AAB/4/2005-0658 Leisure and Cultural Services Department, AMO leads way in heritage preservation, February 24,
2002, www.lcsd.gov.hk/en/ppr_release_det.php?pd=20020224&ps=02)
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example, AMO applied for Lord Wilson Heritage Trust and complete the Production of
the Proceedings of the International Conference on Heritage and Education project in
2005. This kind of education is core responsibility of AMO, but resource from the
charity trust was sought to perform this duty. Moreover, critics argued that AMO is a
low-level organization of the Government. With its limited power, AMO fails to
perform its duty of built heritage conservation.59
4.2.3 Planning-related Institutions
More than one organization were responsible for town planning in the late 1990s. In the
Government, planning related policy bureau,60 set up direction for overall planning in
the region, and ensure drafted plans consistent with the direction of the Government.
Department of Planning, as an executive level institution, formulates development
strategies and plans and guides the use of land. Both of the Bureau and Department
work with TPB for handling local town planning issues.
According to TPO, Town Planning Board (TPB) is responsible for drafting statutory
zoning plans including Outline Zoning Plans (OZPs) and Development Permission Area
(DPA) Plans for designated areas in Hong Kong. Statutory plans determine layouts and
land uses of areas. Existing declared monuments are listed in accompanying explanatory
statement of OZPs. TPB will consult AAB in case that there is any declared monument
in the plans, during drafting or approving statutory plans. TPB protects built heritage
from the threat of redevelopment by refusing change uses of the land. Notes in every
statutory plan regulate land use. First column of the notes states "uses always permitted"
while the second column states "uses that may be permitted." With application to the
TPB, land owner can apply for changing land use for redevelopment; TPB should reject
it after considering adverse impacts on the heritage on or near the site. Furthermore, to
speed up approvals, Director of Planning Department is authorized by TPB to handle
application for slight amendments on plans and temporary usage of the land of less than
59 Cody, "Heritage as Hologram: Hong Kong after a Change in Sovereignty, 1997-2001," 200260 Planning and Lands Bureau until 2002, Housing, Planning and Lands Bureau from 2002 to 2007, and
Development Bureau since 2007
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six months. Ng Ka Chiu, an academic in planning, also criticized that the existing TPB
lacks representativeness on heritage issues, and urged the Government to appoint more
related professionals into the Board. He further suggested adding the owners and local
residents as ad hoc members for getting comprehensive opinion.61
4.2.4 Urban Renewal Authority (URA)
The URA was set up based on URAO to replace the LDC for renewal projects in a
wider range of redevelopment, rehabitation, preservation and revitalization in Hong
Kong urban areas. Except the requirement to preserve historical buildings in URAO, in
the Urban Review Strategy, URA is also required to adopt a "People Centred" approach
to enhance sustainable development, preserve heritage, local culture and community
network. Planning, Development and Conservation Committee was set up under the
Board of URA to select conservation projects, submit the project to TPB, and prepare
proposal for conservation. Compared with the preceding institution, URA is also
empowered with more power for land resumption and has been granted more financial
resources. The Government has injected HKD10 billion to URA in 2002 helping it to
carry out its projects. URA has not participated in conservation projects in 2000. With
its new duty on urban preservation and revitalization, URA was a new institution on the
subject.
The preservation of Western Market, an Edwardian-architectural-style building built in
1906, is a case. The Market was originally planned to be redeveloped by LDC in the late
1980s. Under the preservation advocates that the Western Market was one of the
remaining old buildings in the district, LDC suggest to turn the market into a venue with
traditional crafts, artist stall and a restaurant.62 It committed that this preservation project
was feasible and financially feasible. 63 The Market was declared as a monument in
1990s only after the ExCo agreed to the plan. This case once again showed the
61 Ng Ka Chiu, Town Planning Ordinance Cannot Save Heritage (), The Sun,2004-08-1862 South China Morning Post, requiem for Central site, 25 April 198163 Kwan Nok Chan, Institutions, Policy Networks and Agenda Setting: Heritage Conservation in Hong
Kong, 1970-1997, (Mphil diss, Hong Kong University, 2010)
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executive-led nature of policy. It also shows that the government tended to accept
financially self-contained preservation, unwilling to bear financial burdens of
preservation.
4.2.5 Chief Executive (CE) and Executive Council (ExCo)
Replacing the Governor in colonial rule, the CE according to the Basic Law is the head
of the Government. In enforcement of A&MO, TPO and URAO, there are roles for CE
to approve or direct various actions, such as declaration of monuments, or exempt
projects from certain requirement. Furthermore, he appoints members of all advisory
and statutory bodies mentioned. As in the colonial period, ExCo remains to be an organ
assisting the CE in important policy making. Basically CE has the final power of
decision on enforcement and actions for conservation. In A&MO, the CE, replacing the
Governor, meets with the Executive Council to judge in case that a private owner
objects to a declaration of proposed monument on his land. (Sect. 2C) However, most
decisions related to heritage conservation reach neither the Governor nor the CE. The
Antiquities Authority and heritage-related institutions play a major role on conservation
policy, instead of the upper level. It to certain extent shows the lack of concern from the
Administration. This is unlike for statutory plans where the CE would with meet ExCo
to approve them.
4.2.6 Legislative Council (LegCo) and District Council (DC)
Enactment and amendment of A&MO, TPO, URAO and ordinance relating to
conservation are under LegCo s purview. The LegCo Finance Committee also approvesthe budget of the government which includes the part of capital expense that may relate
to constructions threatening local heritage. Public Work Subcommittee and Panels on
works and planning issues also play a role to approve these construction works. On the
other hand, LegCo Panel on Home Affair (before 2007) and Panel on Development
(since 2007) discuss issues of heritage conservation. Antiquities Authority and his
bureau and department need to answer interrogations from Councilors. DCs are district
assemblies in the 18 executive districts. Most local heritage issue entered DCs agendas.
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