LC Paper No. CB(1)1817/98-99
(These minutes have been
seen by the Administration)
Ref : CB1/PL/ITB/1
LegCo Panels on Information Technology and Broadcasting
and Planning, Lands and Works
Minutes of joint meeting
held on Thursday, 29 April 1999, at 3:45 pm
in Conference Room A of the Legislative Council Building
Members present :
Panel on Information Technology and Broadcasting
Hon SIN Chung-kai (Chairman)
Hon MA Fung-kwok (Deputy Chairman)
# Dr Hon Raymond HO Chung-tai, JP
Hon Eric LI Ka-cheung, JP
Hon Fred LI Wah-ming
Hon Howard YOUNG, JP
Hon YEUNG Yiu-chung
Hon Emily LAU Wai-hing, JP
Hon Timothy FOK Tsun-ting, JP
Panel on Planning, Lands and Works
Hon Edward HO Sing-tin, JP (Chairman)
Hon HO Sai-chu, JP
Hon LEE Wing-tat
Members attending :
Hon James TIEN Pei-chun, JP
Hon CHEUNG Man-kwong
Hon Ambrose CHEUNG Wing-sum, JP
Hon CHAN Kam-lam
Members absent :
Panel on Information Technology and Broadcasting
Hon Kenneth TING Woo-shou, JP
Hon David CHU Yu-lin
Prof Hon NG Ching-fai
# Hon James TO Kun-sun
Hon CHOY So-yuk
Hon LAW Chi-kwong, JP
Panel on Planning, Lands and Works
Dr Hon TANG Siu-tong, JP (Deputy Chairman)
Hon Ronald ARCULLI, JP
Hon WONG Yung-kan
Hon LAU Kong-wah
Hon LAU Wong-fat, GBS, JP
Hon Andrew CHENG Kar-foo
Hon TAM Yiu-chung, JP
# also a member of the Panel on Planning Lands and Works
Public officers attending :
For Item II
Mr K C KWONG
Secretary for Information Technology
and Broadcasting
Ms Eva CHENG
Deputy Secretary for Information Technology
and Broadcasting
Mr Martin GLASS
Deputy Secretary for the Treasury
Mr Albert CHENG
Chief Assistant Secretary for Works
Mr T Y CHEUNG
Project Manager (HK Island & Islands)
Territory Development Department
Mr M T WONG
Chief Engineer
Territory Development Department
Mr KWAN Chi Wai
Chief Traffic Engineer/HK
Transport Department
Clerk in attendance :
Mr Andy LAU
Chief Assistant Secretary (1)3 (Acting)
Staff in attendance :
Miss Odelia LEUNG
Chief Assistant Secretary (1)1
Mrs Mary TANG
Senior Assistant Secretary (1)2
Ms Sarah YUEN
Senior Assistant Secretary (1)4
I Election of chairman
Mr SIN Chung-kai was elected Chairman of the joint meeting.
II Briefing by the Administration on the Cyberport project
(Information package tabled at the meeting and circulated to
all Members after the meeting)
2. Mr Edward HO declared interest as he was a director of a firm which
had submitted an architectural proposal to the Pacific Century Group (PCG)
on the Cyberport project.
3. With the aid of PowerPoint presentation, the Secretary for Information
Technology and Broadcasting (S/ITB) briefed members on the details of the
financial arrangements and the up-to-date progress of the Cyberport project
as well as the essential infrastructure works to support the project.
Policy implications of the Cyberport project
4. Mr LEE Wing-tat enquired if the Cyberport project represented an
intended change in the land disposal policy whereby PCG, a private business
entity, was granted with the development right of the Cyberport project
without going through the usual competitive land bidding process.
He could not accept that there were sufficient grounds to justify a departure
from the long held principle of open and fair competition. His views
were shared by Miss Emily LAU and Mr Ambrose CHEUNG. In response, S/ITB
explained that there had been precedents in making use of property development
to finance infrastructural projects. Given that a Cyberport would
be an important element of the economic infrastructure and that spin-off
benefits would be created for other economic sectors, it was considered
appropriate to make use of property development to drive the Cyberport
project.
5. Mr Ambrose CHEUNG cast doubt on the above justification and indicated
that awarding the contract to PCG was a clear case of cronyism. Noting
that a group of property development companies had put forward an alternative
proposal to Government on the Cyberport, he requested the Administration
to re-examine the case for the sake of public interest. In reply,
S/ITB advised that the primary interest of the property companies was on
the associated property development of the Cyberport project. Up
to the present moment, he had not received any formal proposal from the
companies concerned expressing their preparedness to implement the information
technology (IT) part of the project.
6. Given that Government was the primary land supplier and could influence
property prices through various means, Mr Eric LI queried the rationale
for Government to take part in a real estate development project which
might give rise to conflict of interest. S/ITB stressed that Government's
main objective was to develop the Cyberport. Revenue generated from
ancillary property development was a side issue. In fact, revenue
from the ancillary residential development was simply an instrument for
financing. But in the negotiation process, Government needed to safeguard
its own interest. Any excess revenue so generated would be ploughed
back into General Revenue.
7. Pointing out that the process through which the Administration
had come to a decision to award the development right of the Cyberport
to PCG was unprecedented, Mr Ambrose CHEUNG urged the Administration to
account for the decision on the award of development rights to PCG.
To ensure the provision of a level playing field and to enhance transparency,
he also stressed the need for the Administration to draw up a policy for
future joint venture projects with clear guidelines on capital requirement
and other procedural matters. S/ITB undertook to examine Mr CHEUNG's
views. | Admin |
---|
Other alternatives
8. As to whether the Administration would consider awarding the Cyberport
project to other companies if they were prepared to take up both the IT
portion and the residential portion of the Cyberport project on terms no
less favourable than those being offered by PCG, S/ITB advised that
the success of the Cyberport project would depend very much on whether
it would be able to secure the right mix of tenants and to attract leading
IT companies to set up operations involving new IT applications in the
territory. Against this background, consideration had to be given
to the proponents' abilities to line up major IT companies to become anchor
tenants of the Cyberport. In considering the prominent status of
PCG in the IT industry, it was believed that PCG would be a suitable candidate
for the project. Addressing Mr CHEUNG Man-kwong's concern about possible
monopoly by PCG as a result of such preconditions, S/ITB stressed that
there was no case of a monopoly as the Cyberport portion would be wholly
owned by the Government. It was the intention of the Government to
sell its deemed equity interest in the residential portion of the project
to third parties. Further, Government maintained an open mind on
other IT projects put forward by potential proponents. They would
consider each case on its own. As regards the Cyberport, it would
be constructed by PCG and handed to Government. As such, there was
no case of a monopoly.
9. In reply to Mr Ambrose CHEUNG on whether consideration had been given
to requiring PCG to pay the premium, in full or in part, for the land of
the residential portion in advance so as to ensure that it could fetch
its full current open market value, S/ITB explained that revenues from
the ancillary residential development would be used to drive the Cyberport
project. After setting aside sufficient funds to complete the project
and the setting up of a $200 million Development Fund, profits would be
shared according to the respective capital contribution by both parties.
Government's capital contribution would be the value of the land for the
ancillary residential development at the time of grant of development right
to PCG. PCG's capital contribution would be the outturn of the peak
funding requirement.
The decision making process
The consultancy study
10. Mr LEE Wing-tat and Mr Fred LI commented that the consultation exercise
conducted by the Administration was misleading as participants were not
informed of the Administration's intention to allow developers to finance
the Cyberport project through revenues from the ancillary property development.
In response, S/ITB emphasised that while the Administration might not have
explored all possible development options with the IT companies consulted,
there was no intention whatsoever to mislead them. He referred members
to Annex A of the Administration's information package for details of the
Study and its outcome. The Deputy Secretary for Information Technology
and Broadcasting (DS/ITB) supplemented that in discussing the proposed
Cyberport with IT companies, they were free to express their views on the
project and no fixed agenda had been set for the purpose. In fact,
revenue from the ancillary property development was simply a form of financing
and the main theme of the consultation was to solicit views from the industry
on how to make the Cyberport project a success. However, in general,
there was very little interest expressed in constructing the Cyberport.
11. In response to Mr Fred LI's further comment that the success of
the Cyberport project was very much dependent on the ancillary residential
development, and hence, it should be highlighted at the first instance
during consultation. S/ITB maintained that the success of the Cyberport
project was dependent on whether it could create a strategic cluster of
leading IT and information system (IS) companies and a critical mass of
professional talents in Hong Kong in the shortest possible time.
12. Miss Emily LAU queried whether the consultant was relying on submissions
put forward by PCG for conducting the study and whether an independent
assessment could be made as a result. DS/ITB advised that to facilitate
the strategic assessment of developing a Cyberport in Hong Kong, case studies
had been performed by the consultant to obtain insights from the experience
of similar developments in other countries. After a cursory examination,
three overseas developments, namely, the Software Technology Park
at Bangalore (India), the Staten Island Teleport at New York (the United
States), and the Focus Teleport at Berlin (Germany) were selected for more
in-depth assessment in consideration of their different backgrounds.
Subsequently, a second phase of the study was conducted by the consultant
to sound out potential users on the design and specifications proposed
by PCG and their degree of interest in becoming tenants. Given the
substantial number of IT/IS companies in the industry, it was necessary
to identify potential Cyberport users for consultation purpose. Comments
received during interviews had been used as a basis to facilitate negotiation
with PCG.
13. As to Miss Emily LAU's query about whether the Study, which
had taken only a few weeks to complete, could size up the situation to
facilitate the Administration's decision, DS/ITB stressed that the consultees
were representative of different specialities and hence, the Study should
be able to yield credible results for reference. Moreover, consultees'
views would be followed up to ensure the Cyberport project would serve
its intended purpose. In response to members' repeated requests,
S/ITB agreed to consider members' request for releasing a copy of the full
report for members' reference with the sensitive parts blackened. | Admin |
---|
(Post-meeting note: The Study report with the commercially sensitive
parts taken out was circulated to all Members vide LC Paper No. CB(1)1314/98-99(02).)
14. Noting that one of the Executive Council (ExCo) members was
a senior partner of Arthur Anderson Business Consulting (AABC), the Consultant
engaged to conduct the Study, Miss Emily LAU expressed concern about the
possible conflict of interest and impartiality both on the part of the
Consultant in conducting the Study and on the part of the Councillor concerned
in making decisions in relation to the Cyberport project. In response,
S/ITB clarified that AABC had been entrusted with the Study through an
open tendering process without regard to its senior management. He, however,
refused on grounds of confidentiality to disclose details of the relevant
ExCo proceedings. Members instead agreed that the Chairman should write
to the Administration to clarify if the Councillor concerned had declared
her individual interests and abstained from discussion and voting on the
Cyberport project. | Clerk |
---|
(Post-meeting note: A letter to that effect had been sent to the
Director of Administration. The letter and the relevant reply were circulated
to all Members vide LC Paper No. CB(1)1312/98-99.)
General observations of the steps leading to the decision
15. Referring to the chronology of events as reported in paras 3, 6,
8 and 9 of the Administration's paper, Miss Emily LAU queried the fast
development of the Cyberport project, which had been struck within a few
months' time. In response, S/ITB pointed out that the prompt actions taken
by the Administration could be seen as signs of efficiency.
16. Miss Emily LAU further queried whether Government was under any
pressure to grant the development right for the Cyberport project to PCG
as a result of the allegation made by a major property developer in Hong
Kong in late 1998 about the change of political environment in Hong Kong
and his intention to withdraw a major investment in Hong Kong. S/ITB
emphasised that no regard had been made to such statements in public or
in private when coming to the decision nor was he under any pressure during
the decision making process.
17. Mr LEE Wing-tat also queried the decision making process, and enquired
if the Chief Executive's visit with PCG's head to Israel in January 1999
had helped to seal the Cyberport project as claimed by some media reports.
He was concerned that should this be the case, Hong Kong's long-established
reputation for fair competition would be tarnished. In response, S/ITB
advised that the allegation that the decision was made after a tour between
Chief Executive and the head of PCG to Israel was unfounded as the Administration,
back in December 1998, had already accepted in principle the idea of the
Cyberport project. In this regard, he pointed out that the idea of
the Cyberport was presented to Government by PCG in mid 1998. Having
examined the case, the Government engaged AABC in November 1998 to conduct
a strategic assessment on the concept of a Cyberport in Hong Kong and the
possible economic benefits to be brought about by such a project.
The findings were presented to Government in December 1998. The Administration
accepted that the project would produce economic benefits to Hong Kong
and proceeded with intensive negotiations with PCG. In parallel a
second phase of the study was conducted by AABC to sound out potential
users on the design and specifications proposed by PCG and their degree
of interest in becoming tenant.
18. Mr CHAN Kam-lam, on the other hand, showed appreciation for the
Administration's high efficiency in concluding the Cyberport project and
encouraged the Administration to continue to respond to market needs proactively
with a view to developing more innovative projects. On whether the Cyberport
project would be expanded should there be overwhelming response, S/ITB
pointed out that it was Government's intention that the Cyberport project
should act as a flagship project in promoting the development of IT in
Hong Kong. He noted Mr CHAN's comment that vacant units in existing industrial
estates should be effectively deployed in support of the IT industry and
reported that the Administration was considering allocating part of the
Science Park for such endeavours. He further reported that the Trade and
Industry Bureau was assessing how the different support services provided
by the Administration for industries and technologies could work together
more effectively.
Concerns about the present arrangements with PCG
Tenancy arrangements
19. Assuring Mr YEUNG Yiu-chung that the tenants secured by PCG would
contribute towards the target to develop Hong Kong into a centre for content
creation, S/ITB pointed out that apart from maintaining the management
right over the Cyberport, Government would also set up detailed selection
procedures for applicants so that only suitable tenants would be secured.
DS/ITB supplemented that all potential tenants understood the focus of
the Cyberport and they did not simply come for the concessionary tenancy
terms. In fact, some of them were already considering setting up multi-media
laboratories and expanding their businesses to promote electronic commerce
in the Cyberport. As such, when looked at from a wider angle, the Cyberport
project could also help to bring about adjustments to the investment strategies
of the IT companies concerned in Hong Kong.
20. Noting that when setting rent levels of the Cyberport, reference
would be made to similar schemes of Hong Kong's competitors to ensure they
would be competitive, Mr Eric LI opined that the facilities and rents of
the Cyberport per se were already attractive enough and hence PCG's contribution
towards attracting leading IT companies to the Cyberport was limited. In
response, S/ITB advised that by securing eight anchor tenants by the time
when the Cyberport Letter of Intent was signed, PCG had already more than
fulfilled its commitments in this regard. As to whether the Administration
had made any attempts to secure tenants but to no avail, so that PCG would
need to be drawn in to make the Cyberport a success, S/ITB reiterated that
because of the efforts of PCG, eight major IT companies had already indicated
that they would be anchor tenants of the Cyberport. It was not a
straight forward task to convince these companies to realign their business
plans and strategies to suit the development of the Cyberport. PCG's
marketing and their own network had been instrumental in achieving this.
On the other hand, PCG was selected having regard to a number of factors
and the decision was not simply based on a single factor (i.e. its ability
to line up major IT firms to become anchor tenants of the Cyberport).
Other arrangements
21. S/ITB confirmed in reply to Mr Ambrose CHEUNG that although PCG
could take out a mortgage loan on the development right over the site of
the residential portion to finance construction of the Cyberport project,
such funds would not be counted towards PCG's capital contribution for
the purpose of profit sharing. Addressing Mr CHEUNG's concern about risks
associated with such an arrangement, S/ITB clarified that the Government
was only granting the development right of the site to PCG, not the site
itself. Moreover, as stated in para 9(c)(iii) of the Administration's paper,
PCG would be required to provide a bank guarantee (or corporate guarantee
of the same quality) if it created encumbrances on the development right
in raising financing for the Cyberport project. As such, the Government
was insured against having to grant the development right to the bank concerned
in the case of default by PCG. The Administration would also require PCG
to specify in the mortgage agreement that should the bank concerned be
entitled to the development right upon PCG's failure to repay, it would
have to bear the same development obligations as those of PCG, including
those not related to the residential portion.
22. On the availability in the project agreement of punitive
provisions applicable in the event of slippage on the part of PCG, S/ITB
advised that in such a case, PCG would have to compensate the Government
for its loss in rental income. Further, as a major tenant of the
Cyberport, PCG would also suffer from the slippage as they could not launch
their own business plans on time. At members' request for a copy of the
agreement, S/ITB and DS/ITB explained that as it would contain details
of PCG's other commercial agreements, e.g., its financing agreement with
the bank, it was inappropriate to release it. He, however, noted
the Chairman's proposal to provide a copy of the agreement with the commercially
sensitive parts blackened. | Admin |
---|
23. Noting that apart from the construction of the Cyberport,
PCG would also be entrusted with the construction of the related essential
infrastructure works at a cost of $791 million, Mr CHEUNG Man-kwong queried
both the appropriateness of such an arrangement and whether the level of
payment was reasonable. In his view, the works project should, as
usual, be put up for open tender to ensure fairness. In response, S/ITB
explained that it was an existing practice to engage the project contractor
for the related essential infrastructure works in similar projects in respect
of which a funding proposal would be put to the Public Works Sub-committee
(PWSC) and the Finance Committee. The Project Manager (HK Island
& Islands ) of the Territory Development Department confirmed the above
and explained that to ensure smooth and speedy implementation, such an
arrangement was necessary because of site constraints and programming considerations.
Examples of such arrangements included Container Terminal No. 9 and the
River Trade Terminal in Tuen Mun. At members' request, the Administration
undertook to provide more such examples. | Admin |
---|
(Post-meeting note: The required details were tabled at the meeting
on 5 May 1999 and circulated to all Members thereafter vide LC Paper No.
CB(1)1275/98-99(03).)
Environmental concerns
24. Referring to paras 28 and 35 of the information paper, which showed
that the Cyberport project's rezoning request and environmental impact
assessment (EIA) report had been respectively endorsed by the Town Planning
Board and the EIA Sub-Committee of the Advisory Council on the Environment
(the Sub-Committee) expeditiously, Miss Emily LAU enquired whether the
related procedures had been properly observed and that no pressure had
been put on these bodies to expedite the Cyberport project. S/ITB
advised that submissions to the Town Planning Board and the Advisory Council
on the Environment were in line with normal procedures and no pressure
was exerted by Government on these bodies in vetting the related submissions.
DS/ITB supplemented that the EIA report had in fact taken a few months
to prepare and that the normal procedures stipulated by the EIA Ordinance,
including publication of the project brief in the newspaper and on the
Internet 30 days before submission for approval, had been followed.
The Chief Assistant Secretary for Works also supplemented that since the
EIA report was focused on the environmental impacts of such related infrastructures
as roads and sewage treatment plants, which would be necessary for any
kind of development, the relevant EIA could therefore be conducted in advance
for the report to come out even before the Cyberport project was finalised.
25. As regards whether public concerns about the Cyberport project had
been duly addressed, DS/ITB clarified in reply to Miss Emily LAU that the
Town Planning Board had only agreed that the relevant draft outline zoning
plan could be gazetted according to the Town Planning Ordinance, after
which the public would have a specified period, as provided for in the
Ordinance, to raise objections. In the meantime, only such preparatory
works as land formation could be proceeded. She also confirmed that any
objection to the Cyberport project on environmental grounds could be directed
to the Town Planning Board for consideration.
Financial concerns
26. Mr Ambrose CHEUNG enquired whether valuation of the land for the
residential portion at HK$8 billion had already taken into consideration
the rezoning of the site and the land premium. In reply, S/ITB clarified
that the figure was indeed the reserve price put forward by the law firm
representing a group of listed companies proposing that the site of the
residential portion be auctioned off. The Administration's own valuation
would be made on the basis of the ultimate use of the site, i.e. for residential
development.
27. Regarding the availability of estimates on property prices in the
vicinity of the Cyberport at present and upon completion of the project,
S/ITB said that no estimates had been made in this regard. However,
for financial planning purpose, a number of scenarios had been worked out.
He further advised that whilst current prices of new flats were not available
due to nil supply, the prices of second-hand flats in the district, which
were mostly older flats, were in the order of $4,000 per sq. ft.
28. Addressing the Chairman's concern about the high construction
cost of the Cyberport, DS/ITB explained that in setting the ceiling of
the construction cost, reference had been made to high-quality housing
estates where the residential portion was concerned, and to grade A commercial
premises where office units were concerned. She further clarified that
the cost covered the provision of facilities and the telecommunications
infrastructure. At the Chairman's request, S/ITB agreed to provide a breakdown
on the construction cost estimates. | Admin |
---|
(Post-meeting note: The required breakdown was tabled at the meeting
on 5 May 1999 and circulated to all Members thereafter vide LC Paper No.
CB(1)1275/98-99(02).)
Conclusion
29. In view of the late submission of the paper and the fact that
some members were unable to attend this meeting, members agreed that one
more special meeting should be scheduled to discuss the Cyberport project
at greater length before it was put forward to the PWSC for endorsement. | Clerk |
---|
(Post-meeting note: the meeting was subsequently scheduled for 5 May
1999.)
30. The meeting ended at 5:50 p.m.
Legislative Council Secretariat
9 August 1999