9. CULTURAL HERITAGE IMPACT ASSESSMENT

9.1 Introduction

9.1.1 This Chapter provides an assessment of potential impacts of the proposed secondary channels on the cultural heritage resources within the Study Area.

Project Background

9.1.2 The works associated with this Project include the following:

· The construction of road side drains along the southern side of Sha Tau Kok Raod (MUP 03);

· Improvement to the stream lying to the west of Loi Tung (MUP 04A and 04B) that currently drains into the River Indus via a cross road drain;

· The construction of road side drains along the northern side of Sha Tau Kok Road (MUP 05); and

· Construction and improvement to pedestrian crossings and reinstatement of existing river bank with gabion lining at Lin Ma Hang (LMH01).

9.2 Aims of the Cultural Heritage Impact Assessment

9.2.1 The Cultural Heritage Impact Assessment (CHIA) consists of two sections, an Archaeological Impact Assessment and a Built Heritage Impact Assessment. The aims of the CHIA are as follows:

· to identify and highlight all archaeological deposits, cultural heritage resources, built heritage structures and cultural/ historical landscapes in the Study Area;

· to assess direct and indirect impacts which may result from the proposed construction activities of this Project on these resources; and

· to recommend mitigation of impacts where required.

9.3 Legislation and Standards

9.3.1 The protection of Cultural Heritage in Hong Kong is currently governed by two Ordinances.

9.3.2 The Antiquities and Monuments Ordinance (A&MO) (Cap.53) was enacted in 1976 and provides the statutory framework for the preservation of objects of historical, archaeological and palaeontological 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 palaeontological significance. It must be noted that the protective measures contained in the ordinance only pertain to Declared or Deemed Monuments.

9.3.3 The Environmental Impact Assessment Ordinance (EIAO) (Cap.499) provides additional legislative protection to sites of cultural heritage, which are threatened by development and the Environmental Protection Department is its authority. The Technical Memorandum on EIA Process (EIAO-TM) contains the guidelines and criteria for the assessment of sites of cultural heritage.

9.3.4 The CHIA will follow the Antiquities and Monuments Office “Criteria for Cultural Heritage Impact Assessment” and will fulfil the requirements as set out in Annexes 10 and 19 of the EIAO-TM.

9.4 Assessment Methodology

Archaeology

9.4.1 The assessment of the archaeological potential of the Study Area is as follows.

Desktop Assessment

9.4.2 Desktop assessment involves the following:

· Review background information of sites of cultural heritage within and in close proximity to the Study Area (AMO files, Public Records Office, map libraries, university and public libraries, published and unpublished government and non-government documents, cartographic and pictorial documents, existing geotechnical studies);

· Review Legislation (i.e. Antiquities and Monuments Ordinance, etc.);

· Review areas proposed for construction and operation activities and potential impacts generated; and

· Identification of sensitive receivers (i.e. archaeological sites and areas of archaeological potential.).

Impact Assessment and Evaluation

9.4.3 Impact assessment and evaluation involves the following:

· Identification of potential impacts, both direct and indirect, on sites of cultural heritage;

· Assessment of impacts according to the requirements of Annexes 10 and 19 of the EIAO-TM; and

· Evaluate impacts using EIAO-TM.

9.4.4 The scope for the investigation is set out in consultation with the Antiquities and Monuments Office (AMO) prior to implementation. The scope and requirement of the investigation of the investigation is to be fully implemented by the project proponent. Any archaeological field investigation should be conducted by qualified archaeologist engaged by the project proponent. The archaeologist should apply for Licence under the provision of the Antiquities and Monuments Ordinance (Cap.53), which will normally take at least two months time to process

Mitigation Measures

9.4.5 Any proposed works encroaching on sites of archaeological interest should be avoided as far as possible. Any unavoidable impacts on these sites of archaeological interest should be addressed with appropriate mitigation measures, such as:

· Preservation in situ; or

· Full-scale excavation prior to construction works; or

· Survey to identify the scale and extent of the areas of interest; or

· Archaeological monitoring programme, whereby a qualified archaeologist monitors the excavation works in areas of interest during the construction phase.

9.4.6 The mitigation measures should be agreed and implemented by the project proponent.

Built Heritage

9.4.7 The assessment of the built heritage resources of the Study Area is described below.

Desk-Based Study

9.4.8 The first stage of investigation was to undertake a desk-based study to determine the presence of historical occupation of the Study Area and to thus assess the potential for built heritage resources to be present. This study included information gathered from the following sources: the Antiquities and Monuments Office published and unpublished papers and studies; publications on relevant historical, anthropological and other cultural studies; unpublished archival, papers, records; collections and libraries of tertiary institutions; historical documents which can be found in Public Records Office, Lands Registry, District Lands Office, District Office, Museum of History; cartographic and pictorial documentation.

9.4.9 If the Study Area is determined to have the potential for containing heritage resources, then a field survey must be conducted in all areas where built heritage potential is established and existing information is not conclusive for purposes of the assessment.

Field Survey

9.4.10 The field survey, if required will incorporate the following methodology:

Survey Boundary

9.4.11 As well as the resources highlighted in the EIA Study Brief, the Survey incorporated all works areas and an area of 100 m on either side.

Definition of Features that Fall within the Scope of Built Heritage Survey

9.4.12 The following features will be included in the survey:

· All pre 1950 structures, these include any built feature (apart from graves and historical land use features, which are dealt with separately), such as; domestic structures, ancestral halls, temples, shrines, monasteries and nunneries, village gates, wells, schools, historic walls, bridges and stone tablets.

· Any post 1950 structure deemed to possess features containing architectural or cultural merit;

· All pre-war clan graves;

· Cultural landscape features, such as fung shui woods and ponds; and

· Historical land use features, such as historical tracks and pathways, stone walls and terraces, ponds and other agricultural features.

Recording Methodology

9.4.13 The detailed methodology for each of the categories of resources is presented below:

Built Features

9.4.14 The survey will consist of a field evaluation incorporating the collection of photographic, oral and written information, on the architecture and history of all structures that may be impacted by the proposed works. This information was hand recorded in the field. The information collected in the field survey was then entered onto type written forms for inclusion in the report. The design of the forms is based on AMO and ICOMOS (International Charter for the Conservation and Restoration of Monuments and Sites) standards for the recording of historical resources with modifications to suit architectural styles and situations encountered in Hong Kong. The forms have also been designed to provide details of all identified resources, including written descriptions of each recorded feature, including; age, details of architectural features, condition, past and present uses, an architectural appraisal, notes on any modifications, direction faced and associations with historical / cultural events or individuals. The location of each feature has also been highlighted on a 1:1000 scale map. A description of the surrounding environment will also be included as part of the survey.

Graves

9.4.15 Pre-war clan graves will also be included as part of the survey. Graves falling within any works area and which may receive direct impacts are recorded on field recording forms, which include a written description, a photographic record, a copy of the inscription and the dimensions. Grave groups located outside of the works area and which will not receive direct impacts, but may be indirectly impacted aesthetically by the proposed works will assessed as a group, rather than on an individual basis. An exception to this is if any grave within a group is found to fall within 10 m of a works area and may receive contact or vibration damage, it will be assessed individually. The locations of any identified graves and/or grave groupings will also be highlighted on a 1:1000 scale map.

Cultural and Historical Landscape Features

9.4.16 A written description of each recorded feature will be made, including information gathered from interviews with local informants. The location of each recorded feature will be highlighted on a 1:1000 scale map and a photographic record of each identified feature made.

9.4.17 Once all of the resources within the Study Area have been recorded and mapped, any potential adverse impacts associated with the works will then be identified and assessed. As well, appropriate mitigation measures presented, if required.

9.5 Results of Desk-Based Study

Archaeology

9.5.1 The result of the desk-based archaeological study is described below.

MUP03, MUP04A, MUP04B & MUP05

9.5.2 The proposed works (MUP03 and MUP04B) are located along the Sha Tau Kok Road. These impacts occur on Pleistocene terraced alluvium.

9.5.3 The secondary channel MUP04A is located to the west of Loi Tung village on Pleistocene terraced alluvium. It is situated on very low-lying agricultural fields of which some are in-use nurseries. The ginger flower vegetation is an indicator of water near surface in the Study Area.

9.5.4 The secondary channel works are on the riverbanks of the river on the western end of MUP05, to the east of the connection of MUP05 and MUP01 and MUP02 the alignment follows the road. Some of the channel has already been modified while other areas have surface water.

LMH01

9.5.5 The proposed works consist of the improvement of footbridges and minor bank improvements mainly in the vicinity of the village of Lin Ma Hang. The works will entail minimal disturbance and are all located within 5 m of the existing watercourse. The land area in general is low-lying and water logged.

Summary of Findings

9.5.6 The results of the desk-base review indicate there are no areas of archaeological interest, which will be affected by the proposed works. No further assessment in the form of field investigation is recommended. No mitigation is required under the EIA for the proposed works.

Built Heritage

9.5.7 The result of the desk-based built heritage study is described below.

Declared Monuments

9.5.8 There are no declared monuments within the Study Area.

Graded Historical Buildings

9.5.9 There are no graded historical buildings within the Study Area.

Historical Villages

9.5.10 The following information was collected on historical villages located within 100 m of the proposed works:

Lin Ma Hang: The village is situated at the border of Hong Kong and Shenzhen. When the division was made the village was split into two sections, the northern part of the village was renamed, Cheung Ling Tsuen, whilst the southern part (located in the closed border area of Hong Kong) retained the name of Lin Ma Hang Tsuen, whilst. The Yips are the main clan of the village. There are several ancestral halls in the village (AM970878).

Graves

9.5.11 No historical graves were identified.

Cultural and Historical Landscape Features

9.5.12 No cultural or historical landscape features were identified in the desk-based study.

9.6 Results of Built Heritage Survey

9.6.1 The detailed recording forms of the identified resources can be found in Appendix F. A summary of the findings for each of the Study Areas, including the background summaries and environmental settings will be presented in this section.

LMH01 (near Lin Ma Hang)

9.6.2 This village is spread out over a fairly large geographical area and not all of the sections fall within the Study Area for this project. The sections that do fall within the Study Area include the main grouping, which is located at the southern and southwestern base of a medium sized hill. This section contains intact historical residences, several ruins, village gates and a number of Tsz Tongs (AAHB-838 – 846, 848 and 852). This section of the village is fronted by a pond. The other group of structures that fall within the Study Area lie to the northwest of the group described above. This grouping consists of historical residences, ruins and a recently reconstructed entrance gate (AAHB-847, 849 – 851 and 855 – 881). Both groups of structures overlook former agricultural fields that are flanked by hills. The locations of the recorded resources can be found in Figure 9.1.

MUP03 (near Loi Tung)

9.6.3 The proposed works are located along the southern edge of the existing Sha Tau Kok Road. The only recorded resource in this section was a shrine (AAHB-853). The shrine is located to the north of Loi Tung Village (which falls outside of the Study Area). The land between the shrine and the alignment consists of former agricultural fields and modern buildings. The location of the shrine is highlighted in Figure 9.2.

MUP04A and MUP04B (near Loi Tung)

9.6.4 This section of the alignment runs through low-lying former agricultural fields. There are functioning and abandoned plant nurseries in the vicinity of the alignment. The only recorded resource in this part of the Study Area was a shrine (AAHB-854) situated slightly up from the base of a steep wooded hill slope. The location of the shrine is highlighted in Figure 9.2.

MUP05 (near Loi Tung)

9.6.5 This alignment runs along the existing river to the north of Sha Tau Kok Road. The shrine (AAHB-854) also falls within the Study Area of this alignment. The location of the shrine is highlighted in Figure 9.2.

9.7 Impact Assessment

Identification of Impacts

9.7.1 The impacts will be associated with the construction of secondary and local channels for the alleviation of flooding and to facilitate future development by improving the secondary and local storm water drainage systems near Man Uk Pin, as well as the construction of and improvement to pedestrian crossings and localised bank improvement at Lin Ma Hang. The maps showing the proposed works areas are illustrated in Figure 9.3 (LMH01: Lin Ma Hang) and Figure 9.4 (MUP03, 04A, 04B and 05: Near Loi Tung).

Prediction of Impacts

Construction Phase

9.7.2 Any heritage resource located within close proximity to the works area may be adversely impacted through vibration and/or receive direct damage from construction works. The access to temples, shrines and ancestral halls must also be maintained throughout the construction phase.

Operational Phase

9.7.3 The impacts associated with this phase of the project are of an aesthetic nature, in the sense that the surrounding environment of the historical villages and structures may be altered through channelling and or construction of drainage associated features.

9.8 Evaluation of Impacts

Construction Phase

9.8.1 The evaluation of potential impacts during construction phase is described below.

LMH01 (near Lin Ma Hang)

Built Heritage

Table 9.1

Assessment of Impacts (Construction Phase) to Built Heritage Features in LMH01 (near Lin Ma Hang)

Resource	Minimum Distance (Works Boundary)	Adverse Impacts
Domestic buildings, entrance gates, shrine, ruins, tsz tongs (AAHB-838 to 854 and 857 to 879)	10 to 90 m	No adverse impacts will result from the project, as the works are located at a sufficient distance from the recorded structures to provide an adequate buffer zone and access routes will not be affected.
Terrace row of houses (AAHB-855)	1 m	No adverse impacts will result from the project, as the engineering works associated with the improvements to the pedestrian crossing will not cause any vibration damage. As the structures lie outside of the works area, there will be no contact damage from construction equipment or related works.
Terrace wall (AAHB- 855) (an uncut stone terrace wall that runs from the ground level of the row of houses down to the level of the stream)	Within works area	The wall is constructed of uncut cobbles / small boulders and concrete and contains no fragile structural elements and will not be at risk from vibration damage, however, as the wall is in close proximity to the pedestrian crossing, it may be damaged by construction activities that come into direct contact with it. The wall is located within 0.5 m of the existing bridge and if design of the replacement bridge incorporates a wider structure, the wall may be directly impacted.
Ruin, stone wall (AAHB-856)	10 m	None, as the engineering works associated with the improvements to the pedestrian crossing will not cause any vibration damage and as the wall lies outside of the works area there will be no contact damage from construction equipment or related works.
Pond (AAHB-880)	10 m	There will be no adverse impacts to the pond, as it contains no historical structural features that may be damaged by construction works (the sides and land surrounding the pond are modern concrete).
Footbridge (AAHB-881)	50 m	There will be no adverse impacts to the footbridge as it is located at a sufficient distance to provide an adequate buffer zone.

MUP03 (near Loi Tung)

Built Heritage

Table 9.2

Assessment of Impacts (Construction Phase) to Built Heritage Features in MUP03 (near Loi Tung)

Resource	Minimum Distance (Works Boundary)	Adverse Impacts
Shrine (AAHB-853)	95 m	No adverse impacts will result from the project, as works are located at a sufficient distance from the recorded structures to provide an adequate buffer zone.

Graves

9.8.2 No historical graves were identified during the field survey.

Cultural and Historical Landscape Features

9.8.3 No cultural or historical landscape features were identified during the survey.

MUP04A and MUP04B (near Loi Tung)

Built Heritage

Table 9.3

Assessment of Impacts (Construction Phase) to Built Heritage Features in MUP04A (near Loi Tung)

Resource	Minimum Distance (Works Boundary)	Adverse Impacts
Shrine (AAHB-854)	35 m	No adverse impacts will result from the project, as works are located at a sufficient distance from the recorded structures to provide an adequate buffer zone.

Graves

9.8.4 No historical graves were identified during the field survey.

Cultural and Historical Landscape Features

9.8.5 No cultural or historical landscape features were identified during the survey.

MUP05 (near Loi Tung)

Built Heritage

Table 9.4

Assessment of Impacts (Construction Phase) to Built Heritage Features in MUP05 (near Loi Tung)

Resource	Minimum Distance (Works Boundary)	Adverse Impacts
Shrine (AAHB-854)	40 m	No adverse impacts will result from the project, as works are located at a sufficient distance from the recorded structures to provide an adequate buffer zone.

Graves

9.8.6 No historical graves were identified during the field survey.

Cultural and Historical Landscape Features

9.8.7 No cultural or historical landscape features were identified during the survey.

Operational Phase

LMH 01 (near Lin Ma Hang)

Built Heritage

Table 9.5

Assessment of Impacts (Operational Phase) to Built Heritage Features in LMH01 (near Lin Ma Hang)

Resource	Minimum Distance to drainage channel	Summary of Visual Impact	Intervening Landscape	Adverse Impacts
Domestic buildings, entrance gates, shrine, ruins, tsz tongs (AAHB-838 to 852 and 857 to 879)	15 to 90 m	Construction of pedestrian crossings	Village structures	No adverse impacts will result from the construction of the pedestrian crossing, as the village paths and existing foot bridges are all structurally modern and the improvements to the crossings will not have any adverse visual impact on the general cultural setting of the village.
Terrace row of houses (AAHB-855)	5 m	Construction/ improvement of pedestrian crossing	N/A	No adverse impacts will occur from the replacement structure, as the existing bridge is modern.
Stone terrace wall (AAHB-855)	0.5 m
Ruin, stone wall (AAHB-856)	10 m
Pond (AAHB-880)	10 m	Construction of pedestrian crossing	N/A	No adverse impacts will result from the construction of the pedestrian crossings in the vicinity of the pond, as both of the existing pedestrian crossings are modern. As well, the structural features associated with the pond (sides, fence, immediate surroundings are also modern).
Footbridge (AAHB-881)	50 m	Localised bank improvement	Lightly wooded and overgrown fields.	No adverse impacts will result from the reinstatement of the river bank with gabion lining, as the works are not located within the vicinity of the footbridge and will not affect the environmental setting of the bridge.

Graves

9.8.8 No historical graves were identified during the field survey.

Cultural and Historical Landscape Features

9.8.9 No cultural or historical landscape features were identified during the survey.

MUP03 (near Loi Tung)

Built Heritage

Table 9.6

Assessment of Impacts (Operational Phase) to Built Heritage Features in MUP03 (near Loi Tung)

Resource	Minimum Distance to drainage channel	Summary of Visual Impact	Intervening Landscape	Adverse Impacts
Shrine (AAHB-853)	100 m	The construction of road side drains along the southern side of Sha Tau Kok Road	Hillock, abandoned agricultural fields and modern structures.	None, as the roadside drains will not be visible from the shrine.

Graves

9.8.10 No historical graves were identified during the field survey.

Cultural and Historical Landscape Features

9.8.11 No cultural or historical landscape features were identified during the survey.

MUP04A and MUP04B (near Loi Tung)

Built Heritage

Table 9.7

Assessment of Impacts (Operational Phase) to Built Heritage Features in MUP04A (near Loi Tung)

Resource	Minimum Distance to drainage channel	Summary of Visual Impact	Intervening Landscape	Adverse Impacts
Shrine (AAHB-853)	40 m	Improvement to the stream lying to the west of Loi Tung that currently drains into the River Indus via a cross road drain	Abandoned agricultural fields, in use and abandoned plant nurseries.	None, as the river improvements will not be visible from the shrine.

Graves

9.8.12 No historical graves were identified during the field survey.

Cultural and Historical Landscape Features

9.8.13 No cultural or historical landscape features were identified during the survey.

MUP05 (near Loi Tung)

Built Heritage

Table 9.8

Assessment of Impacts (Operational Phase) to Built Heritage Features in MUP05 (near Loi Tung)

Resource	Minimum Distance to drainage channel	Summary of Visual Impact	Intervening Landscape	Adverse Impacts
Shrine (AAHB-854)	45 m	Construction of road side drains along the northern side of Sha Tau Kok Road	Shrub covered and open land, Sha Tau Kok Road.	None, as the construction of roadside drains along the existing Sha Tau Kok Road will not adversely affect the environmental setting of the area.

Graves

9.8.14 No historical graves were identified during the field survey.

Cultural and Historical Landscape Features

9.8.15 No cultural or historical landscape features were identified during the survey.

9.9 Mitigation Measures

Construction Phase

9.9.1 The proposed mitigation measures during construction phase are described below.

LMH01 (near Lin Ma Hang)

Table 9.9

Mitigation Recommendations for Impacted Resources (Construction Phase) to Built Heritage Features in LMH01 (near Lin Ma Hang)

Resource	Impact Assessment	Mitigation Recommendation
Terrace wall: an uncut stone terrace wall that runs from the ground level of the row of houses down to the level of the stream (AAHB- 855)	The wall is located within 0.5 m of the existing bridge and if the design of the replacement bridge incorporates a wider structure, the wall may be directly impacted.	The design of the replacement structure should be such that it does not require the removal of / or have contact with any section of the existing wall.
	As the wall is in close proximity to the pedestrian crossing, it may be damaged by construction activities that come into direct contact with it.	The wall should be provided with protective covering, in the form of heavy duty plastic sheeting, by the contractor.

MUP03 (near Loi Tung)

9.9.2 No adverse impacts were identified. No mitigation measures will be required.

MUP04A and MUP04B (near Loi Tung)

9.9.3 No adverse impacts were identified. No mitigation measures will be required.

MUP05 (near Loi Tung)

9.9.4 No adverse impacts were identified. No mitigation measures will be required.

Operational Phase

9.9.5 No adverse impacts were identified in all the proposed channels during operational phase. No mitigation measures will be required.

9.9.6 Table 9.10 summarizes the proposed mitigation measures and the implementation schedule.

Table 9.10

Summary of Mitigation Measures and Implementation Schedule

Resources	Proposed Works	Mitigation	Implementation Agent	Implementation Date
Stone terrace wall (AAHB-855) in Lin Ma Hang	Pedestrian crossing at Lin Ma Hang	The design of the replacement structure should be such that it does not require the removal of / or have contact with any section of the existing wall.	DSD (or the appointed detailed design engineer)	Detailed design stage
		The wall should be provided with protective covering, in the form of heavy duty plastic sheeting.	Contractor	Construction phase

9.10 Conclusions

9.10.1 The proposed drainage works will have no adverse impact on archaeological resources in either the construction or operational phases. The majority of built heritage features recorded in the survey will also not be adversely impacted. Potential adverse impacts to a stone terrace wall were identified only for the construction phase of the project in the Lin Ma Hang Study Area and appropriate mitigation measures have been proposed to negate the identified adverse impacts. No operational phase impact on the built heritage features is expected.

9.11 References

AMO File (AM970878)

The Antiquities and Monuments Ordinance (Cap.53) 1976.

The Criteria for Cultural Heritage Impact Assessment, AMO.

Environmental Impact Assessment Ordinance (EIAO), HKSAR, 1997.

Annex 10 and 19 of the Technical Memorandum on EIA Process (EIAO, Cap. 499, S.16).