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Quinton Chan

We are allowed to charge: Times Square
Times Square is prepared to reject a government request for information on how much it has charged  organisations staging exhibitions and commercial events on its piazza -  a public open space.
Sources from the developer said two independent legal advisers  felt the company had no obligation to hand over such business information.  The legal advisers said the deed of dedication for the piazza, signed between the developer and the government in 1992, did not limit the range of the charges.
'The deed of dedication allows us to charge,' a source said. 'It does not state that we cannot charge to the level that we have set.'
It has  been reported that  Times Square's 3,017-square-metre ground-level piazza is public open space. People were angry at the lack of seating and the mall's handling of pedestrians, who were hustled to leave by guards.
Charging high fees for  events also drew criticism.
Officials had said they were 'in the process of gathering information' on Times Square's possible breach of its deed of dedication for leasing out public open space for commercial use. The sources said Times Square received a government letter last week requesting information on the charges by Wednesday.
'It is likely we will turn down the request based on the legal advice obtained,' a source said. The source said the piazza was a privately owned area open for public use. 'This is a private area and we are the landlord,' he said.
According to the deed of dedication signed  by the  Buildings Department   and Zenuna Limited  - a  Wharf (Holdings)  subsidiary - the owner  'reserves the full right to place or permit the placing of temporary structures on [the piazza] ... for the purpose of temporary  exhibitions and displays'. But these structures must not impede the  right of pedestrian passage and use of the piazza.
The deed also set out that 'the owner may charge such organisations [using the piazza as an exhibition venue] for their use of electricity, water or related facilities and other services of the owner in respect of such exhibitions and displays'.
The deed also lists 11 banned activities, among them eating, drinking and activities other than passive recreation.
'We did not set those rules,' the source said. 'It was mutually agreed upon with the government. These rules are part of a contract which we have an obligation to enforce.'
The source said they felt  helpless over recent protests and activities held at the piazza that deliberately breached the rules.
Activists had recently gathered  to picnic and do performance art to demonstrate their right to use public space.
'We have sought help from the police and the Buildings Department.   The police told us that they could not help because the piazza is privately owned, while the Buildings Department asked us to be tolerant. We are very frustrated.'
Dos and don'ts
Activities not allowed in the deed signed by the Building Authority and Zenuna Limited in 1992
No climbing on or destroying the walls and fences
No bicycles or tricycles
No animals or birds
No noisy or disorderly conduct
No food or drinks
No throwing rubbish
No obstructing or disturbing other people using the piazza
No affixing of bills or placards
No destroying trees or plants or plucking of flowers
No moving barriers or railings
Games may be allowed, but only those not interferring with the amenities of the area



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