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Lo Hoi-ying

Homeowners in a Hong Kong subsidised housing estate will need to amend a legal land-use document to allow a cafe there to admit dogs, after the venue was disqualified from a pet-friendly licence scheme despite winning an application ballot.
The Housing Department said on Thursday that the owners of Kai Yan Court in Kai Tak must agree to amend the deed of mutual covenant (DMC) under the Land Registry, which currently bans dogs on the premises, for cafe Marz Menu to become a dog-friendly venue.
Although the cafe was among the ballot winners for a licence, its application was later rejected after further inspection of the estate’s land-use terms found that dogs were banned from the walkway outside the restaurant, an area that falls under the Housing Department.
The scheme run by the Food and Environmental Hygiene Department (FEHD) will launch on July 9.
In a reply to the South China Morning Post, the Housing Department said: “Since the current DMC of Kai Yan Court explicitly stipulates that dogs cannot be carried or kept in any part of the estate, it is currently difficult for restaurants within the estate grounds to become dog-friendly premises, unless the estate owners consent to amending the DMC provisions.
“Should the owners of Kai Yan Court wish to explore amending the DMC to allow the introduction of pet-friendly restaurants to the estate, we would be pleased to assist in handling the relevant procedures.”

In response to queries from the SCMP, the FEHD said that if a property explicitly prohibited dogs from entering its common areas, it would be “operationally difficult” for a restaurant to become a dog-friendly establishment.
The department added that it required applicants to confirm that their property permitted the entry of dogs and might request supplementary information from the applicant, or the owners or management companies of the property.
“Regarding the restaurant mentioned in the inquiry, the FEHD is currently verifying with the applicant and relevant departments whether dogs are permitted to enter the area where the restaurant is located,” it said.
“Once confirmed, the FEHD will issue permission to the applicant.”
The back-and-forth with authorities has left cafe owner Edward Tsang wondering why he has to deal with such “meaningless” red tape.
Although he was one of the 1,000 applicants awarded a licence after 1,600 signed up, he said he suddenly received a call from the FEHD saying the department could not proceed with his application.
“The departments did not coordinate before launching the scheme, and I actually won the ballot, but what do I do now?” he said.

Earlier this week, he turned to social media platform Threads to air his frustration and raise awareness about his situation, hoping that authorities could find a way to resolve it.
Tsang said he needed to pay the permit fee by June 24 to secure his spot, but felt the situation was becoming less hopeful.
He added that dog walkers frequently passed by the entrance to the restaurant and that the venue had not received any complaints.
Tsang said the restaurant had attracted many dog owners in the neighbourhood and had already been making preparations to comply with the FEHD’s rules before things took a disappointing turn.
“I even have an area outside my cafe for owners to tie their leashes and ‘park’ their pets while they take away food,” he said.
He questioned why the current land-use terms contradicted the government’s pet-friendly policy.
“There is a new policy in place, so why are they still using old regulations to block it?” Tsang said.
Former lawmaker Doreen Kong Yuk-foon, a lawyer by profession, said amending the DMC would be “a long shot” as it required 100 per cent of homeowners to agree.
Kong added that the deed would be difficult to change once residents moved in.
“Government policies cannot override the deed,” she said. “I believe that all the owners in the housing estate will not amend the deed just for this cafe.”
Kong said the government should consider such limitations when promoting pet-friendly policies.
Businesses were bound by the block government lease, the property’s deed of mutual covenant and the rental agreement, Kong added.
“Restaurants that want to be pet-friendly should check the documents for any restrictions on dogs,” she added.


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Cafe caught in red tape despite winning ballot for dog-friendly venue licence

The owner of Marz Menu has taken to social media to raise awareness of the situation and hopes that authorities can resolve it. Photo: Sam Tsang

Although the venue was one of the 1,000 applicants to be awarded a licence, it suddenly received a call from the FEHD saying the department could not proceed with its application. Photo: Sam Tsang

Cafe owner Edward Tsang says his venue has an area outside for owners to “park” their pets. Photo: Sam Tsang

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Diners bring their pets to a restaurant at a pet-friendly shopping centre in Sha Tin. Photo: Eugene Lee

Co-owner of Uluru Cafe says he expects business to improve especially on Saturdays and Sundays. Photo: Edmond So

Lawmaker Chan Hoi-yan has said that while some caterers left Friday’s ballot feeling disappointed, more places will be available in the coming months. Photo: Karma Lo

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People with their pets at a restaurant in the West Kowloon Cultural District. Photo: Sam Tsang

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News

Hong Kong

Society

Kai Yan Court’s owners must consent to amend land-use terms, which currently ban dogs on premises, to allow Marz Menu to become pet-friendly


Kai Yan Court’s owners must consent to amend land-use terms, which currently ban dogs on premises, to allow Marz Menu to become pet-friendly.


Pets in Hong Kong

The Food and Environmental Hygiene Department

Pets

Housing Department

Cafe caught in red tape despite winning ballot for dog-friendly venue licence

.css-1c6uqr6{color:inherit;font-weight:inherit;font-size:inherit;font-family:inherit;line-height:inherit;overflow-wrap:break-word;}Kai Yan Court’s owners must consent to amend land-use terms, which currently ban dogs on premises, to allow Marz Menu to become pet-friendly

Kai Yan Court’s owners must consent to amend land-use terms, which currently ban dogs on premises, to allow Marz Menu to become pet-friendly