Report

11 CULTURAL HERITAGE

11.1 Legislation, Standards and Guidelines

11.1.1 General

11.1.1.1 Legislation, Standards, Guidelines and Criteria relevant to the consideration of Cultural Heritage Impacts under this study include the following:

· Antiquities and Monuments Ordinances;

· Environmental Impact Assessment Ordinance;

· Hong Kong Planning Standards and Guidelines;

· Technical Memorandum on Environmental Impact Assessment Process (TM-EIAO); and

· Guidelines for Cultural Heritage Impact Assessment.

11.1.2 Antiquities and Monuments Ordinances

11.1.2.1 The Antiquities and Monuments Ordinance (the Ordinance) provides the statutory framework to provide for the preservation of objects of historical, archaeological and paleontological interest. The Ordinance contains the statutory procedures for the Declaration of Monuments. The proposed monument can be any place, building, site or structure, which is considered to be of public interest by reason of its historical, archaeological or paleontological significance.

11.1.2.2 Under Section 6 and subject to sub-section (4) of the Ordinance, the following acts are prohibited in relation to certain monuments, except under permit:

· To excavate, carry on building works, plant or fell trees or deposit earth or refuse on or in a proposed monument or monument; and

· To demolish, remove, obstruct, deface or interfere with a proposed monument or monument.

11.1.2.3 The discovery of an antiquity, as defined in the Ordinance must be reported to the Antiquities Authority, or a designated person. The Ordinance also provides that, the ownership of every relic discovered in Hong Kong after the commencement of this Ordinance shall vest in the Government from the moment of discovery. The Authority on behalf of the Government may disclaim ownership of the relic.

11.1.2.4 No archaeological excavation may be carried out by any person, other than the Antiquities Authority and the designated person, without a licence issued by the Antiquities Authority. A licence will only be issued if the Antiquities Authority is satisfied that the applicant has sufficient scientific training or experience to enable him to carry out the excavation and search satisfactorily, is able to conduct, or arrange for, a proper scientific study of any antiquities discovered as a result of the excavation and search and has sufficient staff and financial support.

11.1.2.5 It should also be noted that the discovery of an antiquity under any circumstances must be reported to the authority, i.e. the Secretary for Development or designated person. The authority may require that the antiquity or suspected antiquity is identified to the authority and that any person who has discovered an antiquity or suspected antiquity should take all reasonable measures to protect it.

11.1.3 Environmental Impact Assessment Ordinance

11.1.3.1 The Environmental Impact Assessment Ordinance (EIAO) was implemented on 1 April 1998. Its purpose is to avoid, minimize and control the adverse impact on the environment of designated projects, through the application of the EIA process and the Environmental Permit (EP) system.

11.1.4 Hong Kong Planning Standards and Guidelines

11.1.4.1 Chapter 10 of the HKPSG details the planning principle for the conservation of natural landscape and habitats, historic buildings and sites of archaeological interest. The document states that the retention of significant heritage features should be adopted through the creation of conservation zones within which uses should be restricted to ensure the sustainability of the heritage features. The guidelines state that the concept of conservation of heritage features, should not be restricted to individual structures, but should endeavour to embrace the setting of the feature or features in both urban and rural settings.

11.1.4.2 The guidelines also address the issue of the preparation of plans for the conservation of historic buildings, sites of archaeological interest and other antiquities. It is noted that the existing Declared Monuments and proposed monuments, and sites of archaeological interest are listed in the explanatory notes of Statutory Town Plans and it is stated that prior consultation with Antiquities and Monuments Office (AMO) is necessary for any redevelopment or rezoning proposals affecting the monuments and their surrounding environments.

11.1.4.3 It is also noted that planning intention for non-statutory town plans at the sub-regional level should be include the protection of monuments, historic buildings, sites of archaeological interest and other antiquities through the identification of such features on sub-regional layout plans. The appendices list the legislation and administrative controls for conservation, other conservation related measures in Hong Kong, and government departments involved in conservation.

11.1.5 Technical Memorandum on Environmental Impact Assessment Process (EIAO-TM)

11.1.5.1 The general criteria and guidelines for evaluating and assessing impacts to Sites of Cultural Heritage are listed in Annexed 10 and 19 of the EIAO-TM. It is stated in Annex 10 that all adverse impacts to Sites of Cultural Heritage should be kept to an absolute minimum and that the general presumption of impact assessment should be in favour of the protection and conservation of all Sites of Cultural Heritage. Annex 19 provides the details of scope and methodology for undertaking cultural heritage impact assessment, including baseline study, impact assessment and mitigation measures.

11.1.6 Guidelines for Cultural Heritage Impact Assessment

11.1.6.1 This document, as issued by AMO, outlines the specific technical requirement for conducting terrestrial archaeological and built heritage impact assessments and is based upon the requirements of the EIAO-TM. It includes the parameters and scope for the baseline study, specifically desk-based research and field evaluation. There are also included guidelines encompassing reporting requirements and archive preparation and submission in the form of Guidelines for Archaeological Reports and Guidelines for the Handling of Archaeological Finds and Archives.

11.1.6.2 The prerequisite conditions for conducting impact assessment and mitigation measures are presented in detail, including the prediction and evaluation of impacts based upon five levels of significance (Beneficial, Acceptable, Acceptable with Mitigation Measures, Unacceptable and Undetermined). The guidelines also state that preservation in totality must be taken as the first priority and if this is not feasible due to site constraints or other factors, full justification must be provided.

11.1.6.3 Mitigation measures will be proposed in cases with identified impacts and shall have the aim of minimizing the degree of adverse impact and also where applicable providing enhancement to a heritage site through means such as enhancement of the existing environment or improvement to accessibility of heritage sites. The responsibility for the implementation of any proposed mitigation measures must be clearly stated with details of when and where the measures will be implemented and by whom.

11.2 Description of the Environment

11.2.1.1 The Project is situated in Yuen Long Town Centre. It is an elevated walkway right above the section of Yuen Long Nullah between Long Ping West Rail Station and south of Kau Yuk Road. The Yuen Long Nullah is a concrete paved modified water channel constructed in the early 60s. It diverts the flow from Tai Tong and Yuen Long Town to Shan Pui River and then to Deep Bay.

11.2.1.2 In accordance with Appendix G of the EIA Study Brief (No. ESB-278/2014), the built heritage assessment should include areas within a distance of 100 m from the site boundary of the Project, associated works, supporting facilities and essential infrastructures. As shown in Figure 11.1, the 100 m assessment area of the Project is a highly urbanized town area consisting of residential buildings, a village (Tai Kiu Tsuen), schools, etc.

11.3 Built Heritage Impact Assessment

11.3.1 Assessment Methodology

Desk-based Study

11.3.1.1 A desk-based study has been undertaken to determine the presence of built heritage within the 100m assessment area. Information has been gathered from the following resources:

· the list of declared and proposed monuments issued by AMO:

· result of the assessment of 1444 historic buildings issued by AMO;

· result of the assessment of new items in addition to 1444 historic buildings issued by AMO; and

· government historic sites identified by AMO.

11.3.1.2 Based on the information of the desk-based study, a site visit was also conducted to confirm the findings and identify any site of cultural heritage.

Built Heritage Survey

11.3.1.3 The purpose of the built heritage survey is to identify and record built heritage resources those may be affected by the Project within the 100m assessment area. A site survey was undertaken for identification of graded historic buildings and the historic village, Tai Kiu Tsuen. The information gathered in the built heritage survey will be used for the assessment of impacts arising from the Project.

Impact Assessment and Mitigation Recommendations

11.3.1.4 Prediction and identification of both direct and indirect impacts that may affect the built heritage resources is undertaken with special attention paid to the built heritage resources. Preservation in-situ will always be the first priority for sites of cultural heritage. If preservation in totality is not possible, mitigation will be proposed to minimize the degree of adverse impact to the greatest possible extent. As well, any disturbance to sites of cultural heritage that may cause physical damage should be avoid wherever possible through alteration of design, construction method or protective measures as appropriate.

11.3.2 Baseline Conditions

Declared Monuments

11.3.2.1 There are no records of declared monuments published and maintained by AMO within the 100m assessment area.

Graded Historic Buildings

11.3.2.2 There is one Nil Grade Historic Building (No. 21 Tai Kiu Tsuen) within 100m assessment area. In addition, one Proposed Grade 3 Historic Building (Entrance Tower of Tai Kiu Tsuen) is located close to the boundary of 100m assessment area (i.e. 110m from the work area). Locations of these two historic buildings are shown in Figure 11.1.

Proposed Grade 3 Historic Building - Entrance Tower of Tai Kiu Tsuen (CH01)

11.3.2.3 This is a Proposed Grade 3 Historic Building located about 110m from the Project. The Entrance Tower of Tai Kiu Tsuen was believed to be founded at the same period with Tai Kiu Tsuen around 1610. The multi-surname village was named Tai Kiu Tsuen because a stone bridge was present at the west of the village. Earth God, alias God of Walled Village for the villagers, is reversed in the Entrance Tower. A detailed description and photographs of the entrance tower can be found in the Catalogue in Appendix 11.1 and the location is highlighted in Figure 11.2.

Nil Grade Historic Building – No. 21 Tai Kiu Tsuen (CH02)

11.3.2.4 This is a Nil Grade Historic Building located about 90m from the Project. This private house was built in 1939 and owned by the Chan clan who originated from Dongguan. In the past, villagers of Tai Kiu Tsuen used well water until the introduction of running water in the late 1950s. Electricity, however, was already available after the Japanese Occupation (1941-1945). The house is now occupied by the Chans and still in good condition. A detailed description and photograph of this building can be found in the Catalogue in Appendix 11.2 and the location is highlighted in Figure 11.3.

Other Cultural Elements

11.3.2.5 As mentioned in Section 11.2, the assessment area is a highly urbanized town centre. Majority of the buildings within the assessment area are medium-rise and high-rise residential, tenement house (post-war), schools and shopping centres. No pre-war historical graves, notable feng shui woods and ponds or historical trackways were identified.

11.3.3 Identification and Evaluation of the Potential Impact

Construction Phase

11.3.3.1 Heritage resources in close proximity (i.e. 5m or less from the proposed works areas) may be damaged by contact with the machinery during the works. Since all the identified built heritage resources are located at least 90m from the proposed works areas, direct damage from machinery during works is not anticipated.

11.3.3.2 The construction works of the Project involves piling works. This works has potential to cause structural damage from ground borne vibration to the built heritage resources in the vicinity. As mentioned in Section 11.3.3.1, the buffer distance between the work areas and the built heritage resources is at least 90m. Therefore, indirect damage to the built heritage resources due to the construction works is also not anticipated.

11.3.3.3 The assessment of impacts for the construction phase is summarized in Table 11.1.

Table 11.1 Evaluation of Impacts for Built Heritage Resources (Construction Phase)

Recorded Resource	Minimum Distance to Works	Impact Assessment	Level of Impact
CH01 - Entrance Tower of Tai Kiu Tsuen (Proposed Grade 3 Historic Building)	110m	Direct damage by contact with machinery and indirect damage by ground born vibration from works is not anticipated due to the sufficient buffer distance between proposed work areas and CH01	Acceptable
CH02 - No. 21 Tai Kiu Tsuen (Nil Grade Historic Building)	90m	Direct damage by contact with machinery and indirect damage by ground born vibration from works is not anticipated due to the sufficient buffer distance between proposed work areas and CH02	Acceptable

Operational Phase

11.3.3.4 The major impact from the Project will be the visual impact to the identified built heritage resources. Under the current situation, the view from the identified heritage resources is blocked by the surrounding buildings. According to the application of proposed comprehensive commercial / residential development at Tai Kiu Tsuen (A/YL/136-1) in Year 2014, the Entrance Tower of Tai Kiu Tsuen (CH01) (a Proposed Grade 3 historic building) will be preserved under the approval conditions. The future visual impact to the historic building is mainly arise from the comprehensive commercial / residential development rather than from the Project in consideration of the elevated pedestrian corridor is located about 110 m from CH01. Therefore, significant visual impact is not anticipated.

11.3.3.5 The assessment of impacts for the operational phase is summarized in Table 11.2.

Table 11.2 Evaluation of Impacts for Built Heritage Resources (Operational Phase)

Recorded Resource	Minimum Distance to Works	Impact Assessment	Level of Impact
CH01 - Entrance Tower of Tai Kiu Tsuen (Proposed Grade 3 Historic Building)	110m	The view to the Project site is blocked by the existing buildings and will be blocked by the comprehensive commercial / residential development. No significant visual impact is anticipated.	Acceptable
CH02 - No. 21 Tai Kiu Tsuen (Nil Grade Historic Building)	90m	The view to the Project site is blocked by the existing buildings. No significant visual impact is anticipated.	Acceptable

11.3.4 Mitigation Measures

Construction Phase

11.3.4.1 As potential impact on the identified built heritage resources is not anticipated. No mitigation measure is considered necessary during the construction phase.

Operational Phase

11.3.4.2 As potential impact on the identified built heritage resources is not anticipated. No mitigation measure is considered necessary during the operational phase.

11.4 Archaeological Impact Assessment

11.4.1 Assessment Methodology

Desk-based Study

11.4.1.1 A desk-based study has been undertaken to identify any known or potential sites of archaeological interest within the 100m assessment area and to evaluate the cultural significance of these sites once identified. Information has been gathered from the AMO published and unpublished papers and studies and publications on relevant historical, anthropological and other cultural studies.

Site Visit

11.4.1.2 To supplement the information gathered in the desk-based study, a site visit was undertaken on 22 May 2015 to assess the current status of the 100m assessment area and also to make note of existing impacts.

Archaeological Field Investigation (if required)

11.4.1.3 If the results of the desk-based study and site visit indicate that there is insufficient data for purpose of identification of sites of archaeological interest, determination of cultural significance and assessment of impacts, an archaeological field investigation programme will be designed and submitted to the AMO for approval. Once approved, a qualified archaeologist must apply for a Licence to Excavate and Search for Antiquities, which must be approved by the Antiquities Authority before issuance. The archaeological field investigation typically consists of some or all of the following steps:

Field Scan

11.4.1.4 If necessary, field walking will be conducted to identify archaeological deposits on the surface. The scanning of the surface for archaeological material will be conducted, under ideal circumstances, in a systematic manner and covers the entire 100m assessment area. Particular attention will be given to areas of land undistributed in the recent past and to exposed areas such as riverbed cuts, erosion areas, terraces, etc. During the field scanning, concentrations of finds will be recoded, bagged and plotted on 1:1000 scale mapping and will be retained as part of the archive. Topography, surface conditions and existing impacts will be noted during the field walking.

Auger Testing Programme

11.4.1.5 If necessary, auger survey will be carried out within the 100m assessment area in order to establish soil sequence, the presence / absence of cultural soils or deposits and their horizontal extent. The auger tool consists of a bucket, pole and handle will be vertically drilled by hand into the surface. When the bucket is filled with soil, the auger is extracted and the soil will be emptied from the bucket. Soils will be described and depth changes will be also recorded. The auger hole will be abandoned when water table, the end of the auger or rock is reached or the auger bucket fails to hold the soil. The location of each auger hole test will be marked on a 1:1000 scale map. The results of the auger tests will provide one of the criteria used to position the test pit excavations.

Test Pit Excavation

11.4.1.6 If necessary, test pit excavations will be carried out to verify the archaeological potential within 100m assessment area. The choice of location for test pit excavations will depend on various factors such as desk-based information, landforms, field scan and auger test results as well as issues relating to access.

11.4.1.7 Hand digging of test pits measuring between 1 by 1 and 2 by 2 metres will be carried out in order to determine the presence / absence of archaeological deposits and their stratigraphy. The size may depend on close proximity to large trees, narrow terraces or other external factors. Hand excavation will continue until decomposing rock or sterile soils are reached and no potential for further cultural layers exists. A test pit will also be abandoned when the effects of ground water prevent further excavation or when the depth poses safety problems.

11.4.1.8 During excavation contexts, finds and features will be recorded, soils will be described and relevant depths will be measured. Artefacts will be collected, bagged and labelled by context. Sections will be photographed and drawn and, if required, ground plans will be also photographed and/or drawn. The position of each test pit, its top and bottom levels will be recorded by a qualified land surveyor and plotted on 1:1000 scale mapping. On completion of all recording test pits will be backfilled.

Reporting and Submission of Archive

11.4.1.9 A report of the findings of the archaeological survey will be complied following the requirements as outlined in the AMO’s Guidelines for Archaeological Reports. The processing of recovered archaeological material and preparation of the project archive will follow the AMO’s Guidelines for Handling of Archaeological Finds and Archives.

Impact Assessment and Mitigation Recommendations

11.4.1.10 Prediction and identification of both direct and indirect impacts must be undertaken to identify any potential adverse effects to all identified sites of archaeological interest within 100m assessment area. A detailed description of the works and all available plans (with their relationship to the identified resources clearly shown) should be included, to illustrate the nature and degree of potential impacts. The impact assessment must adhere to the detailed requirement of Annexes 10 and 19 of the EIAO-TM.

11.4.1.11 As stated in the Guidelines for Cultural Heritage Impact Assessment “Preservation in totality must be taken as the first priority”. If such preservation is not feasible, as in the case where the need for a particular development can be shown to have benefits that outweigh the significance of the site of archaeological interest, a programme of mitigation measures must be designed and submitted to the AMO for approval. The mitigation measures must be clearly listed and the party responsible for implementation and timing of the measures must also be included. Examples of mitigation measures include: rescue excavation and archaeological watching brief.

11.4.2 Baseline Conditions

11.4.2.1 No site of archaeological interest and government historic site was identified within the 100m assessment area of the Project.

11.4.2.2 As mentioned in Section 11.2, the assessment area is a highly urbanized town centre. Majority of the assessment area are covered by buildings, concrete-paved road and footpaths. The archaeological potential of the assessment area is considered as low.

11.4.3 Identification and Evaluation of the Potential Impact

Construction Phase

11.4.3.1 During construction phase, the construction work of the elevated pedestrian corridor will be conducted within the Yuen Long Nullah and footpath along the nullah. As there is no site of archaeological interest identified within the assessment area. No significant archaeological impact is anticipated due to the low archaeological potential of the assessment area. Therefore, no potential impact is anticipated during the construction phase and archaeological field survey is considered not necessary for the Project.

Operational Phase

11.4.3.2 No potential impact is anticipated during the operational phase.

11.4.4 Mitigation Measures

Construction Phase

11.4.4.1 As potential impact is not anticipated. No mitigation measure is considered necessary during the construction phase.

Operational Phase

11.4.4.2 As potential impact is not anticipated. No mitigation measure is considered necessary during the operational phase.

11.5 Conclusion

11.5.1 Built Heritage

11.5.1.1 Two built heritage resources, the Entrance Tower of Tai Kiu Tsuen (Proposed Grade 3 Historic Building)(CH01) and No. 21 Tai Kiu Tsuen (Nil Graded Historic Building) (CH02), were identified close to and within the 100m assessment area respectively. Besides these historic buildings, no heritage resources with significant value were identified.

11.5.1.2 During construction phase, no direct impact is anticipated as the construction work will be confined within the nullah and footpath along the nullah. Indirect impact, such as ground borne vibration and visual impact, is considered minimal and acceptable due to there will be at least 90m buffer distance between the historic buildings and the work area of the Project.

11.5.1.3 During operational phase, entrance tower of Tai Kiu Tsuen (Proposed Grade 3 Historic Building)(CH01) will be preserved under the approval conditions of the application of proposed comprehensive commercial / residential development at Tai Kiu Tsuen (A/YL/136-1). Since both identified built heritage resources will be surrounding by the existing buildings and future comprehensive commercial / residential development, potential visual impact of the Project is considered minimal and acceptable as there will be no direct view from the identified heritage resources to the Project under both current and future conditions.

11.5.2 Archaeology

11.5.2.1 No site of archaeological interest, government historical site and area of significant archaeological potential were identified within the 100 m assessment area. As the work area of the Project will be confined within the Yuen Long Nullah and footpath along the nullah. No potential archaeological impact is anticipated and no archaeological survey is considered necessary for the Project.