解決房屋問題是現屆政府施政重中之重,施政報告提出多項短中期拓土措施,包括補地價仲裁先導計劃,希望加快達成補地價協議,有效增加土地供應。但有團體質疑市場難以覓得獨立仲裁員,擔心有利發展商壓價,令庫房收入減少,甚至令人質疑官商勾結。

本港土地供應主要來自官地、鐵路沿線上蓋及發展商補地價項目,其中以補地價方式釋出土地需時最久。 港府急於增加土地供應,想方設法簡化補地價程序,加快土地供應,本來無可厚非,然而引入仲裁機制是否可行,卻不能不令人懷疑。據正如關注團體所指,本港市場小,恐怕難以物色到從未與發展商合作過的專業人士出任仲裁員。 再說,發展基於成本考量,自然盡量壓低補價,一旦最終補價金額低於當局估價,除了導致土地收入減少,亦難免令人質疑當局把關不力。

補地價仲裁機制問題複雜,與其吃力不討好,不如首先研究如何優化現行制度。說到底,土地是香港最珍貴的天然資源,亦是公共財政的主要收入之一,補地價引起爭議在所難免。事關公眾利益,港府固然應該把好關,不能賤賣土地,但也不能疊床架屋,把釐定地價的責任卸給仲裁機制。

It is more practical to optimize the land supply system than to go for the controversial premium arbitration.

Housing is the most important problem the present government needs to solve. The Policy Address has put forward a number of measures to increase land supply in the short and medium term, including a Pilot Scheme for Arbitration on Land Premium to facilitate early agreement on land premium. But some concern groups question if it would be very difficult to find independent arbitrators in the market, and they worry that the arrangement may be conducive to the developers’ suppression of land price while the government's coffers will be undermined. Some even suspect a government-business collusion.

There are three main sources of land supply in Hong Kong: government land, superstructures along railway lines and developers paying premiums for projects. Among them, paying premium is the most time-consuming method. Since the government is eager to increase land supply as fast as possible, it is understandable that it would spare no efforts in streamlining the premium-paying procedures. However, the feasibility of introducing an arbitration mechanism is indeed doubtful. As the concern groups have rightly pointed out, Hong Kong is such a small market that it will be very difficult to find professionals who have never worked with developers before to act as arbitrators. Moreover, cost is a significant consideration in property development and it is natural for the developers to suppress the premium as much as possible. In case the ultimate premium is lower than the authorities’ valuation, not only land revenue will be reduced, the government’s role of gatekeeper will also be called into question.

Arbitration on land premium involves a lot of complicated issues. Instead of undertaking an arduous and thankless task, the government might as well optimize the existing system. Land is the most precious natural resource in Hong Kong and a major source of revenue for the government; it is unavoidable that disputes would occur over land premium. As public interest is involved, the government must keep the gate tight and should neither sell our land cheap, nor shift the responsibility of setting the premium onto arbitrators.

重要生字

arbitration on land premium 地價仲裁

government-business collusion 官商勾結

arduous and thankless task 吃力不討好

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