Resident rights' report from Jeff Lam Yuet

[Zorro]

Jeff,

The questions are quite simple as I see them. They are:

1. When was the bus service started? (It's not listed as a "facility" within the DMC or sales documentation)
2. Upon whose authority?
3. Was the this a unilateral MO decision or was there consultation with DOC?
4. How much did the Octopus readers cost and who paid for them?
5. Was this purchase a unilateral MO decision or was it approved by DOC?
6. How much have owners paid in MO 10% rebate since the inception of the scheme?
7. Have alternative service providers (KMB etc) been approached to offer a public service given that we can prove a route revenue in excess of $10M p.a.?

Look forward to your answers.

Z....

[Poppet]

MTR have the addresses of all owners so they could send out questionaries to them rather than put them in mail boxes knowing that allot of apartments are rented out and owners will never see this stuff. I agree that buses should be either user pays or get rid it's an expense that isn't needed we have legs and can walk the 10/15 mins to the shopping mall.

[JEFF LAM YUET]

hi, sorry for the late reply due to other estate commitment.

1. the DMC started on 7/4/2003 from phase 1, I believe the service also started at the same time when residents started moving in cos it is a part of the developer promise to buyers
2. no owners' authority legal speaking cos there was no OC existed, but practically speaking, owners awared and may be even welcomed this service when the estate opened so nobody objected this idea, it was mainly a developer's promise
3 & 5. Will be solely MO/MTR/Landard/Developer's decision, cos there was no OC at that time and DOC only started in 2008
4. We paid for it for sure, I am checking the cost now, and will update you here ASAP.
6. If we successfully chased back the MR (10% MO's commission), I believe it will be about another $4,000,000
7. Previously speaking, commercial operators may not be interested in this route due to lack of residents, but it can be a way to study due to more land sales and more residents coming in in the near future.

I am so happy to know more and more people pay attention and get involved in dealing with estate issues. Let all of us work together to provide a better CC. Thx!

Dear Jeff,
I think you'll find that the P3 poll showed a majority in favour of a user pays system. Obviously this is not a definitive referendum for the whole estate but as a statistical sample group it's worthy of note before we commit owners to a further contract of "not so free" buses.

I fear your point regarding the MO fee is tenuous to say the least and to think they will pay money back is unfortunately more wishful thinking than reality. You seem to know a lot of history on this issue so before I write directly to challenge the MO's legal authority on this matter, perhaps you could answer a few background questions for me?

1. When was the bus service started? (It's not listed as a "facility" within the DMC or sales documentation)
2. Upon whose authority?
3. Was the this a unilateral MO decision or was there consultation with DOC?
4. How much did the Octopus readers cost and who paid for them?
5. Was this purchase a unilateral MO decision or was it approved by DOC?
6. How much have owners paid in MO 10% rebate since the inception of the scheme?
7. Have alternative service providers (KMB etc) been approached to offer a public service given that we can prove a route revenue in excess of $10M p.a.?

My initial feelings are that the MO have exceeded their authority (ultra vires) by commissioning the service outside of the DMC without mandate of the DOC or owners. Considering their rebate it can be further argued that they have failed in their overall fiduciary duty and unilaterally created a revenue stream for themselves. Given the financial significance, such an expenditure should reasonably only be given following a full owner referendum.

If this is the case a simple injunction (by DOC or single owner) will stop the service until a democratic vote has been taken.

The MO & DOC must put this issue to an owners vote and not make their own assumptions as to owners wishes.

Keep up the good work!

[JEFF LAM YUET]

just checked, the total cost of installation alone was about $150,000, not to mention the on-going maintain cost and license fee, it was discussed in DOC in OCT 2008, MO didn't consult owners but installed before hand, then the current phase 1 chairlady ms. Wong objected this plan, but the current phase 2, previous ph 3 and current phase 4 OCs showed no comment to support ms. Wong, then due to no strong objection, the whole plan is working til now.

Please support the current phase 1 and 3 good OCs. We need more resident voice in DOC to speak and act for us. Thanks.

[Icarus]

Thanks Jeff.
I see there's an Owner/MO forum on Tuesday 18th May at the clubhouse to discuss the proposed new bus rota. I think I will ask the MO a few probing questions then.

[JEFF LAM YUET]

great, it is our luck to have more owners concern about our estate matter so MO and the bad OCs will have more pressure to do less wrong things. I shall see you there on 18/5, please feel free to let me know who you are, it will be my great pleasure to know you. thanks.

[Gooner]

Jeff - do you live in CC or do you have property here (i know you had but ... now?)

Just curious.
Pardon me for asking.

[JEFF LAM YUET]

Hi my friend, yes I do live here in CC now, and I have lived in all 3 estates in TC North all manged by MTRC by the same group of management staff with the very same policies and same practice, so sometimes we won a case in SVC, it also applies to CS and CC or even other estates on TC MTR Line.

[JEFF LAM YUET]

Candidate 7, Jeff Lam Yuet seeks your support
China born, grow up in Hong Kong and educated in Australia with a Master Degree and multi-cultural experience, I am from a poor family and lucky to own private flats now, so I decide to work for community to return our society. I care kids, elderly people and middle class. I fight for owners’ rights and justice. Being in Australia for 10 years and active in Tung Chung community services for 4 years as an English, Cantonese and Mandarin speaker, I would like to serve Caribbean Coast with my local knowledge and overseas experience. I sincerely seek your support by voting or giving proxy to Lam Yuet. Please support Jeff and the current OC members for on-going improvement of our lovable estate.

Past Successful Experience:
1.   Refund of Pre-operating expense of 44 million dollars, with over 5 millions refunded to Caribbean Coast, Refund of Capital Fund Manager Remuneration over 1 million dollars to both Seaview Crescent and Caribbean Coast. Refund 6 million dollars of unpaid management fee from the landlord/developer/MTR, with about 2 million dollars will be paid into Caribbean Coast account
2.   Tender box installed in Caribbean Coast for open tender and more transparency, better competition means better quality improvement and lower price
3.   Change MTR-fully-own third party insurance company to another independent company with much better market rate, terms and conditions
4.   Objected the plan to build the 4 tallest public housing at plot 56, Spoke for owners for HK-ZH-MC Bridge project to minimise the environmental impact to residents
5.   Broke through the control of developer votes in tendering of MTR-managed estate in Tung Chung and saved up to 60% tender bill in lift, cleaning, and many other tendering
6.   Leaded the Seaview Crescent Owners’ Committee as the chairman there to win champion of the Best Estate Lantau Island 2009/2010
7.   Changed independent accounting firm for transparent estate finance, introduced legal advisor for better monitor, management and also provide free legal assistance to residents to MTR-managed estate in Tung Chung
8.   Reduced management fee of Seaview Crescent to only $1.48 per sq ft
9.   Receiving about $300,000 government allowance to install energy-saving facilities in Seaview Crescent and will save about $200,000 per year just from electricity bill as the first success application among all MTR-managed estates
10.   Setup the MTR owners committee that contain estate representatives from different MTR lines with managed by respected members in legal, social work, and police fields.
11.   Help to manage a primary school in Tung Chung as the school director, care our kids and Tung Chung education standard
12.   Help to improve our community of Tung Chung as a member of Area Committee under Home Affairs Department of HKSAR
13.   Ran or helped many non-profit events organised by many NPGs
14.   Ran or helped recreational and clubhouse events for better owners’ living standard

If I am elected, I shall fight for the following:
1.   Reduce the management fee & Increase the operational surplus without giving up our living standard, or at least start to build the foundation of it immediately!
2.   Push MTR to pay its unpaid manage fee of about $6 millions of phase 2,3,4,5
3.   Monitor HK-ZH-MC Bridge construction to ensure minimum environmental impact\
4.   Appoint independent accountant and legal advisor to Caribbean Coast
5.   Monitor tendering process for fair competition, quality improvement and real market rate
6.   Concern the building defeats and maintenance matters
7.   Enhance the communication and cooperation with other estates in our community to fight for common goals in transportation, education and environment, etc.
8.   Run more recreational activities and enhance the clubhouse service quality
9.   Recommend a monthly Tung Chung flea market in the garden area, bringing chances of used trade, owners forum, environmental friendly and social/non-profit/family-day/kid-loving activities for a better community
10.   Fight to stop high density building on plot 54, 55a, 55b, 56 in the future to protect our real estate value and living standard
11.   Introduce non-profit child-keeping service to Caribbean Coast residents
12.   Introduce non-profit Chinese Medicine service, keep the current mobile pet vet service that I helped to organize years ago, care our kids, retirees and all your “family members”
13.   Introduce free legal advice service to residents of Caribbean Coast, care your legal needs
14.   Run a multi-cultural group to discuss estate and community matters in English
15.   Suggest to improve our landmark clubhouse further by 8 methods below:
i.   Increase newspaper and magazine variety (including English titles), it serves a large proportion of clubhouse users with relatively low cost
ii.   Enhance the phase 2 clubhouse facilities to offer convenience to phase 2,3,4 owners, especially elderly residents
iii.   Introduce toys to kids and consider take-home option in step 2
iv.   Provide 1 more table tennis table, 1 snooker table, 1 electric mahjong table and 2 more gym machines
v.   Reopen the café canteen under the management of clubhouse with non-extra-profit intention to run it, so prices can be reasonable and all revenue will be entered into our estate account instead of any businessman
vi.   Allow the beach volleyball court to also be used as kid beach football playground
vii.   Run open days for climbing area to share individual trainers’ expensive fee,etc.
Total investment will be under $100,000 (i.e. 0.1% of our annual cost), return rate is 100-200% PA with breakeven period between 6 months to 1 year.

The improvement and appreciation of Caribbean Coast rely on your hands now. I would like to be your communication bridge in different languages for all estate matters, and I hope to work together with you to keep the current improvement for a better Caribbean Coast by joining the Owners’ Committee. Please attend the meeting on 26/8 or provide your proxy to LAM YUET by 24/8 8PM. Thanks.