To promote the health, safety, convenience and general welfare of the community by making provision for the systematic preparation and approval of plans for the lay-out of areas of Hong Kong as well as for the types of building suitable for erection therein and for the preparation and approval of plans for areas within which permission is required for development. (Amended 4 of 1991 s. 2) [23 June 1939] (Originally 20 of 1939 (Cap 131 1950)) Cap 131 s 1 Short title This Ordinance may be cited as the Town Planning Ordinance. Cap 131 s 1A Interpretation In this Ordinance, unless the context otherwise requires- "Appeal Board" (上诉委员会) means an Appeal Board constituted under section 17A; (Added 101 of 1991 s. 2) "Authority" (监督) means the Director of Planning; "building" (建筑物) includes a structure or part of a structure; "container" (货柜) includes a container converted for use as an accommodation or as storage or for any other use; (Added 22 of 1994 s. 2) "development" (发展) means carrying out building, engineering, mining or other operations in, on, over or under land, or making a material change in the use of land or buildings; "development permission area" (发展审批地区) means an area so designated in a plan prepared under sections 3(1)(b) and 20 but does not include land included in a plan of an interim development permission area; "existing use" (现有用途) in relation to a development permission area means a use of a building or land that was in existence immediately before the publication in the Gazette of notice of the draft plan of the development permission area; "interim development permission area" (中期发展审批地区) means an area so designated in a plan prepared under section 26; "land owner" (土地拥有人) has the same meaning as "owner" in section 2(1) of the Buildings Ordinance (Cap. 123); "material change in the use of land or buildings" (土地或建筑物用途的实质改变) includes depositing matter on land, notwithstanding that all or part of the land is already used for depositing matter, if the area, height or amount of the deposit is increased; "occupier" (占用人) includes a tenant of a land owner whether or not he pays rent, a person who resides in a building and a person who carries on a full-time occupation in a building; "property" (财产) includes anything contained in a vehicle or a container, but does not include immovable property; (Added 22 of 1994 s. 2) "unauthorized development" (违例发展) means- (a) in relation to land included in a plan of a development permission area or described in section 20(7), development in contravention of this Ordinance; and (b) in sections 22 and 23, in relation to land referred to in section 23(4), development other than development permitted under a plan of an interim development permission area, undertaken on or after the date on which notice of that plan is gazetted. (Added 4 of 1991 s. 3) Cap 131 s 2 Appointment of Town Planning Board Remarks: Adaptation amendments retroactively made - see 62 of 2000 s. 3 (1) The Chief Executive may appoint a Town Planning Board consisting of such official and unofficial members as he may nominate, and may appoint any member of the Board, either ex officio or personally, as chairman or vice-chairman and any public officer as secretary thereof. (Amended 62 of 2000 s. 3) (2) 5 members of the Board, one of whom must be the chairman or vice-chairman, shall form a quorum at any meeting of the Board. (3) For the better discharge of the functions of the Board under this Ordinance the Chief Executive may, by notice in the Gazette, from among the members of the Board, appoint committees of the Board and a chairman and vice-chairman of each committee. (Added 4 of 1991 s. 4. Amended 62 of 2000 s. 3) (4) 5 members of a committee appointed under subsection (3), one of whom must be the chairman or a vice-chairman and 3 of whom must be persons who are not official members, shall form a quorum at any meeting of the committee. (Added 4 of 1991 s. 4) (5) The Board may delegate any of its powers and functions- (a) under sections 3, 4(1), 4A, 5, 7(1) to (3), 16 and 20(1) to a committee appointed under subsection (3); and (b) to a public officer or class of public officer in respect of an application for- (i) a minor amendment to a permission previously granted under section 16; and (ii) permission for development within a development permission area on condition that the development is discontinued and the land reinstated, as directed by the public officer, within 6 months after the permission is granted. (Added 4 of 1991 s. 4) Cap 131 s 2A Appointment of committees by the Board (1) Notwithstanding section 2(3), the Board may appoint committees from among its members to exercise the Board's powers under section 6(6), (6A), (6B), (7), (8) and (9). (2) A committee appointed under this section shall consist of not less than 5 members at least 3 of whom are not public officers. (3) The Board shall, from the members of a committee appointed under this section, appoint one member to be Chairman of the committee and one member to be Deputy Chairman of the committee. (4) The quorum for a committee is the Chairman or Deputy Chairman and 2 members. (5) Notwithstanding subsection (4), a committee shall not meet or continue to meet unless a majority of those present are not public officers. (Added 16 of 1998 s. 2)________________________________________________________________________________ Notes: 1. Please see the transitional provisions contained in s. 5 of 16 of 1998, which section is reproduced as follows: "5. Transitional The amendments effected by this Ordinance shall not apply in respect of- (a) a draft plan which, prior to the commencement of this Ordinance, has been exhibited under section 5; or (b) an amendment to a draft plan which, prior to the commencement of this Ordinance, has been exhibited under section 7,of the Town Planning Ordinance (Cap 131).". 2. 16 of 1998 came into operation on 14 April 1998. Cap 131 s 3 Functions of the Board Remarks: Adaptation amendments retroactively made - see 62 of 2000 s. 3 (1) With a view to the promotion of the health, safety, convenience and general welfare of the community, the Board shall undertake the systematic preparation of- (a) draft plans for the lay-out of such areas of Hong Kong as the Chief Executive may direct, as well as for the types of building suitable for erection therein; and (Amended 62 of 2000 s. 3) (b) draft development permission area plans of such areas of Hong Kong as the Chief Executive may direct. (Amended 62 of 2000 s. 3)(2) In the course of preparation of the plans referred to in subsection (1), the Board shall make such inquiries and arrangements (including, if it thinks fit, the taking of any census of the occupants of any buildings or of the users of any thoroughfares or spaces) as it may consider necessary for the preparation of such drafts. (Replaced 4 of 1991 s. 5) Cap 131 s 4 Contents of lay-out plans and powers of the Board Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 44; 62 of 2000 s. 3 (1) The Board's draft plans prepared under section 3(1)(a) for the lay-out of any such area may show or make provision for- (Amended 4 of 1991 s. 6) (a) streets, railways and other main communications; (b) zones or districts set apart for use for residential, commercial, industrial or other specified uses; (c) reserves for Government, institution or community purposes; (d) parks, recreation grounds and similar open spaces; (e) zones or districts set apart for undetermined uses; (f) comprehensive development areas; (Added 2 of 1988 s. 2)*(g) country parks, coastal protection areas, sites of special scientific interest, green belts or other specified uses that promote conservation or protection of the environment; (Added 4 of 1991 s. 6) *(h) zones or districts set apart for use for village type development, agriculture or other specified rural uses; (Added 4 of 1991 s. 6) *(i) zones or districts set apart for use for open storage, (Added 4 of 1991 s. 6)and any matter whatsoever may be shown or provided for or specified in or in respect of the plans by means of such diagrams, illustrations, notes or descriptive matter as the Board thinks appropriate; and any such diagrams, illustrations, notes and descriptive matter shall be part of the plans. (Replaced 59 of 1974 s. 2) (2) The Board may recommend to the Chief Executive in Council the resumption of any land that interferes with the lay-out of an area shown on a draft or approved plan or on a master lay-out plan approved under section 4A; and resumption to avoid such interference shall be deemed to be resumption for a public purpose within the meaning of the Lands Resumption Ordinance (Cap 124). (Amended 2 of 1988 s. 2; 29 of 1998 s. 44; 62 of 2000 s. 3) (3) Except in the case of resumption under the said Ordinance no compensation shall be paid to the proprietor or any person interested in any holding by reason of the fact that it lies within or is affected by any zone or district set apart under subsection (1)(b). _____________________________________________________________________________ Note: * See 4 of 1991 s. 1(2) as to date of operation. Cap 131 s 4A Comprehensive development areas (1) Without restricting what the Board may, under sections 3 and 4, show or make provision for in a plan, the Board may, by a note on the plan, in respect of a comprehensive development area, prohibit the undertaking of any building works, as defined in the Buildings Ordinance (Cap 123), except- (a) as specified in the note; or (b) with the permission of the Board, which permission may be granted by reference to a plan approved by the Board under subsection (2).(2) An applicant for the Board's permission under subsection (1)(b) may be required by the Board- (a) to prepare a master lay-out plan and submit it to the Board for approval; and (b) to include information in the master lay-out plan respecting building dimensions, floor area for each use, building development programmes and any other matter the Board considers appropriate.(3) A copy of the approved master lay-out plan, certified by the Chairman of the Board, shall be deposited in the Land Registry and shall be available for inspection without payment of a fee. (Amended 8 of 1993 s. 2) (Added 2 of 1988 s. 3) Cap 131 s 5 Exhibition of draft plans Any draft plan, prepared under sections 3 and 4 under the direction of the Board, which the Board deems suitable for publication, shall be exhibited by the Board for public inspection at reasonable hours for a period of 2 months. During such period the Board shall advertise once a week in a local newspaper and shall notify in each issue of the Gazette the place and hours at which such plan may be inspected. The Board shall supply a copy of such plan to any person on payment of such fee as the Board may determine. (Amended 26 of 1956 s. 2; 59 of 1969 s. 3; 2 of 1988 s. 4) Cap 131 s 6 Consideration of objections Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 45 (1) Any person affected by the draft plan so exhibited may within the said period of 2 months send to the Board a written statement of his objections to anything appearing in the draft plan. (2) Such written statement shall set out- (a) the nature of and reasons for the objection; (b) if the objection would be removed by an alteration of the draft plan, any alteration proposed.(3) Upon receipt of a written statement of objection under subsection (1), the Board may give preliminary consideration to an objection in the absence of the objector and may propose amendments to the draft plan to meet the objection. (4) If the Board proposes an amendment to the draft plan pursuant to subsection (3), it shall give notice in writing of the amendment proposed to the objector by registered post and may invite the objector to withdraw his objection on the condition that the amendment is made as proposed. (5) An objector may notify the Board in writing within 14 days after service of notice under subsection (4) that his objection is withdrawn on the condition that the amendment is made as proposed but if no such notification is received the objection shall continue in force. (6) Where- (a) the Board does not propose amendments under subsection (3); or (b) an objector does not notify the Board under subsection (5) that his objection is withdrawn; or (c) an objector was conditionally withdrawn under subsection (5) and the Board does not proceed with the amendment proposed,the Board shall consider the written statement of objection at a meeting of which the objector is given reasonable notice, and the objector or his authorized representative may attend such meeting and if he desires shall be heard. (6A) The Board may direct that any objection made under subsection (1) in respect of the same draft plan or, as the case may be, received under subsection (8) shall be dealt with at the same meeting and such objection may be dealt with by the Board either individually or collectively as it may determine. (Added 16 of 1998 s. 3) (6B) If the objector or his authorized representative does not attend any meeting held for the purposes of subsection (6) or, as the case may be, for the purposes of subsection (8) the Board may proceed with the meeting and deal with the objection or adjourn it and such meeting may not be adjourned more than once. (Added 16 of 1998 s. 3) (7) In any case where an amendment made by the Board to meet an objection appears to the Board to affect any land, other than that of the objector, held under lease, tenancy or permit from the Government for a term exceeding 5 years, the Board shall give such notice by service, advertisement or otherwise as it deems desirable and practicable to the owner of the land in question. (Amended 29 of 1998 s. 45) (8) Any written objection received within 14 days after the giving of notice under subsection (7) shall be considered at a meeting of the Board of which the original objector and the objector to the amendment are given reasonable notice, and the objectors or their authorized representatives may attend such meeting and if he or they so desire shall be heard. (9) Upon consideration of an objection in accordance with subsection (6) or (8) the Board may reject the objection in whole or in part or may make amendments to the draft plan to meet such objection. (Amended 59 of 1969 s. 4)________________________________________________________________________________ Notes: 1. Please see the transitional provisions contained in s. 5 of 16 of 1998, which section is reproduced as follows: "5. Transitional The amendments effected by this Ordinance shall not apply in respect of- (a) a draft plan which, prior to the commencement of this Ordinance, has been exhibited under section 5; or (b) an amendment to a draft plan which, prior to the commencement of this Ordinance, has been exhibited under section 7,of the Town Planning Ordinance (Cap 131).". 2. 16 of 1998 came into operation on 14 April 1998. Cap 131 s 7 Amendment of draft plan by Board otherwise than consequent upon an objection Remarks: Adaptation amendments retroactively made - see 62 of 2000 s. 3 (1) In addition to the power of amendment contained in section 6, the Board may, at any time after exhibition of a draft plan under section 5 and before approval by the Chief Executive in Council under section 9, make amendments to a draft plan. (Amended 62 of 2000 s. 3) (2) Every amendment to a draft plan made under this section shall be exhibited by the Board for public inspection at reasonable hours for a period of 3 weeks and during such period the Board shall advertise twice a week in a local newspaper and shall notify in each issue of the Gazette the amendment to the draft plan and the hours at which such amendment may be inspected. (3) The Board shall supply a copy of an amendment to a draft plan made under this section to any person on payment of such fee as the Board may determine. (4) Any person affected by an amendment to a draft plan made under this section may object within the said period of 3 weeks in manner provided by section 6(1) and (2) and the provisions of section 6(3) to (9) shall thereupon apply. (Added 59 of 1969 s. 5) Cap 131 s 8 Submission of considered draft plan to Chief Executive in Council Remarks: Adaptation amendments retroactively made - see 62 of 2000 s. 3 (1) After consideration of all objections, the Board shall submit the draft plan, with or without amendments, to the Chief Executive in Council for approval, and shall submit therewith- (Amended 16 of 1998 s. 4; 62 of 2000 s. 3) (a) a schedule of the objections (if any) made under section 6 and not withdrawn; (b) a schedule of the amendments (if any) made by the Board with a view to meeting such objections. (Amended 59 of 1969 s. 6)(2) A submission to the Chief Executive in Council under subsection (1) shall- (a) in the case where the Board does not make amendments to the draft plan under section 7, be made before the expiration of a period of 9 months after the expiration of the period of 2 months mentioned in section 5; and (b) in the case where the Board does make amendments to the draft plan under section 7, be made before the expiration of a period of 9 months after the expiration both, of the period of 2 months mentioned in section 5 and of the period of 3 weeks mentioned in section 7,or in either case, such further period, being not more than 6 months, after the expiration of either period of 9 months as the Chief Executive may, on application by the Board, allow in any particular case. (Added 16 of 1998 s. 4) ________________________________________________________________________________ Notes: 1. Please see the transitional provisions contained in s. 5 of 16 of 1998, which section is reproduced as follows: "5. Transitional The amendments effected by this Ordinance shall not apply in respect of- (a) a draft plan which, prior to the commencement of this Ordinance, has been exhibited under section 5; or (b) an amendment to a draft plan which, prior to the commencement of this Ordinance, has been exhibited under section 7,of the Town Planning Ordinance (Cap 131).". 2. 16 of 1998 came into operation on 14 April 1998. Cap 131 s 9 Powers of Chief Executive in Council upon submission Remarks: Adaptation amendments retroactively made - see 62 of 2000 s. 3 (1) Upon submission of a draft plan the Chief Executive in Council may- (Amended 62 of 2000 s. 3) (a) approve it; (b) refuse to approve it; (c) refer it to the Board for further consideration and amendment.(2) The Chief Executive in Council may approve a draft plan notwithstanding that any requirements of this Ordinance applicable thereto have not been complied with. (Amended 62 of 2000 s. 3) (3) A draft plan approved as aforesaid is hereinafter referred to as an "approved plan". (4) The Chief Executive in Council may by notification in the Gazette correct any omission from or error in any approved plan. (Amended 62 of 2000 s. 3) (5) On such approval being given the approved plan shall be printed and exhibited for public inspection at such place as the Board may consider suitable and the fact of such approval and exhibition shall be notified in the Gazette. (6) The Board shall supply a copy of any approved plan to any person on payment of such fee as the Board may determine. Cap 131 s 10 Refusal to approve plan Remarks: Adaptation amendments retroactively made - see 62 of 2000 s. 3 If the Chief Executive in Council refuses to approve a draft plan such refusal shall be notified in the Gazette; but any such refusal shall be without prejudice to the preparation of a new draft plan and the submission of the same. (Amended 62 of 2000 s. 3) Cap 131 s 11 Deposit of copies of approved plan A copy of the approved plan, certified by the Chairman of the Board shall be deposited in the Land Registry and shall be available for inspection without payment of any fee. The Land Registrar shall cause to be posted and prominently displayed in the Land Registry notices in English and Chinese directing attention thereto. (Amended 26 of 1956 s. 3; 8 of 1993 ss. 2 & 3) Cap 131 s 12 Revocation, replacement and amendment of approved plans Expanded Cross Reference: 5,6,7,8,9,10,11 Remarks: Adaptation amendments retroactively made - see 62 of 2000 s. 3 (1) The Chief Executive in Council may- (Amended 62 of 2000 s. 3) (a) revoke in whole or in part any approved plan; or (b) refer any approved plan to the Board for- (i) replacement by a new plan, or (ii) amendment.(2) Notification of any revocation or reference under subsection (1) shall be published in the Gazette and noted by the Land Registrar on the copy of the plan deposited under section 11. (Amended 8 of 1993 s. 3) (3) Upon any reference under subsection (1)(b), a new plan in replacement of the plan referred or any amendment to the plan referred, as the case may be, shall be prepared, exhibited, considered, submitted, approved and deposited in accordance with the foregoing provisions of this Ordinance in like manner as the plan it replaces or amends and to this intent where the reference is under subsection (1)(b)(ii), the word "plan" in section 4, except as regards the master lay-out plan, and in sections 5 to 11, shall be construed as referring to the plan showing the amendment. <* Note - Exp. X-Ref.: Sections 5, 6, 7, 8, 9, 10, 11 *> (Amended 2 of 1988 s. 5) (4) A plan referred to the Board shall be replaced by the new approved plan or read as one with any approved amendment, as the case may be. The Land Registrar shall endorse accordingly the copy of the plan deposited under section 11 which has been replaced or amended. (Amended 8 of 1993 s. 3) (5) Any draft amendment prepared under subsection (3) shall be deemed to be a draft plan for the purposes of section 16(1)(d) of the Buildings Ordinance (Cap 123). (Replaced 3 of 1958 s. 2) Cap 131 s 13 Approved plans to serve as standards Approved plans shall be used by all public officers and bodies as standards for guidance in the exercise of any powers vested in them. (Amended 3 of 1958 s. 3) Cap 131 s 13A Works etc. authorized under Roads (Works, Use and Compensation) Ordinance and scheme authorized under Railways Ordinance Remarks: Adaptation amendments retroactively made - see 62 of 2000 s. 3 Any works or use authorized under the Roads (Works, Use and Compensation) Ordinance (Cap 370) or any scheme authorized under the Railways Ordinance (Cap 519) shall be deemed to be approved under this Ordinance, whether or not those works or that use or that scheme form part of a plan approved by the Chief Executive in Council under section 9. (Added 37 of 1982 s. 39. Amended 59 of 1997 s. 47; 62 of 2000 s. 3) Cap 131 s 14 Power to make regulations Remarks: Adaptation amendments retroactively made - see 62 of 2000 s. 3 The Chief Executive in Council may make regulations- (Amended 62 of 2000 s. 3) (a) providing for the procedures and matters relating to the taking possession of, removal, detention and disposal of property by the Authority under section 23(7A); (b) to facilitate the work of the Board; and (c) for the better carrying into effect of the provisions and purposes of this Ordinance. (Replaced 22 of 1994 s. 3) Cap 131 s 15 Expenses of the Board Remarks: Adaptation amendments retroactively made - see 62 of 2000 s. 3 Any expense incurred with the sanction of the Chief Executive by the Board in connection with the exercise of its powers or the performance of its duties under this Ordinance or the regulations made thereunder shall be met from moneys voted by the Legislative Council. (Amended 62 of 2000 s. 3) Cap 131 s 16 Applications for permission in respect of plans (1) Where a draft plan or approved plan, whether prepared or approved before or after the commencement of the Town Planning (Amendment and Validation) Ordinance 1974 (59 of 1974), provides for the grant of permission for any purpose, an application for the grant of such permission shall be made to the Board. (2) Any such application shall be addressed in writing to the secretary to the Board and shall be in such form and include such particulars as the Board thinks fit. (3) The Board shall within 2 months of the receipt of the application, consider the same in the absence of the applicant and, subject to subsection (4), may grant or refuse to grant the permission applied for. (4) The Board may grant permission under subsection (3) only to the extent shown or provided for or specified in the plan. (5) Any permission granted under subsection (3) may be subject to such conditions as the Board thinks fit. (6) The secretary to the Board shall notify the applicant in writing of the Board's decision on an application under this section, and where the Board refused to grant permission shall also notify the applicant of his right to a review under section 17. (7) For the purposes of section 16(1)(d) and (da) of the Buildings Ordinance (Cap 123), anything permitted by the Board under this section shall not be a contravention of any approved plan or draft plan prepared under this Ordinance. (Amended 2 of 1988 s. 6) (Added 59 of 1974 s. 3) Cap 131 s 17 Right of review (1) Where an applicant is aggrieved by a decision of the Board under section 16, the applicant may, within 21 days of being notified of the decision of the Board, apply in writing to the secretary to the Board for a review of the Board's decision. (Amended 101 of 1991 s. 3) (2) On receipt of an application under subsection (1), the secretary to the Board shall fix a time and place for the review, which shall be a day not more than 3 months of the receipt of the application, and shall give 14 days' notice thereof to the applicant. (3) On a review under this section the applicant or his authorized representative may attend before the Board and shall be given an opportunity to make representations. (4) If the applicant or an authorized representative does not attend at the time and place fixed for the review, the Board may proceed with the review or adjourn it. (5) On a review under this section the Board shall consider any written representations submitted by the applicant. (6) On a review under this section, the Board may, subject to section 16(4), grant or refuse to grant the permission applied for and may exercise the powers conferred by section 16(5). (7) (Repealed 101 of 1991 s. 3) (Added 59 of 1974 s. 3) Cap 131 s 17A Constitution of Appeal Board Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2; 62 of 2000 s. 3 (1) The Chief Executive may appoint a panel of persons ("the Appeal Board panel") whom he considers suitable to sit as members of an Appeal Board to hear an appeal under section 17B. (Amended 62 of 2000 s. 3) (2) The Chief Executive shall not appoint- (Amended 62 of 2000 s. 3) (a) a member of the Board; (b) a public officer; (c) a Justice of Appeal,to the Appeal Board panel. (Replaced 14 of 1996 s. 2) (2A) For the avoidance of doubt, in subsection (2), "public officer" (公职人员) does not include a judge of the Court of First Instance, a recorder of the Court of First Instance, a deputy judge of the Court of First Instance or a District Judge. (Added 14 of 1996 s. 2. Amended 25 of 1998 s. 2) (3) The Chief Executive may appoint a member of the Appeal Board panel as Chairman of the panel and may appoint one or more members as Deputy Chairmen of the panel as he thinks fit. (Amended 14 of 1996 s. 2; 62 of 2000 s. 3) (4) The Chief Executive may appoint a public officer to be the secretary to the Appeal Board panel. (Amended 62 of 2000 s. 3) (5) On receipt of a notice of appeal, the secretary to the Appeal Board panel shall notify the Chairman of the panel who, subject to subsections (6), (7), (11) and (16), shall nominate an Appeal Board. (6) The Chairman of the Appeal Board panel shall not nominate an Appeal Board to hear an appeal or act as its Chairman if he has a direct or indirect interest in the appeal. (7) A Deputy Chairman of the Appeal Board panel designated for the purpose by the Chairman of the panel shall, in the absence of the Chairman of the panel, or if the Chairman of the panel has a direct or indirect interest in an appeal, nominate an Appeal Board to hear the appeal. (Amended 14 of 1996 s. 2) (8) Subsection (6) shall apply to a Deputy Chairman of the Appeal Board panel as it applies to the Chairman of the panel. (Amended 14 of 1996 s. 2) (9) Subject to subsections (6), (8), (11) and (16), the Chairman or a Deputy Chairman and 4 other members of the Appeal Board panel shall constitute an Appeal Board to hear an appeal. (Amended 14 of 1996 s. 2) (10) Subject to subsections (6), (8), (11) and (16), the Chairman or a Deputy Chairman of the Appeal Board panel shall act as Chairman of an Appeal Board. (Amended 14 of 1996 s. 2) (11) If the Chairman of the Appeal Board panel and the Deputy Chairman designated under subsection (7) have a direct or indirect interest in an appeal, the Chief Executive may appoint another Deputy Chairman or another member of the panel, who does not have a direct or indirect interest in the appeal, to nominate an Appeal Board to hear the appeal and to act as Chairman of the Appeal Board. (Amended 14 of 1996 s. 2; 62 of 2000 s. 3) (12) At least 3 members, one of whom must be the Chairman of the Appeal Board, shall be present to hear and determine an appeal. (13) The Appeal Board shall hear the appeal and a majority of the members hearing the appeal shall determine questions before it. (14) Where there is an equality of votes in respect of any question to be determined in an appeal the Chairman of the Appeal Board shall have a casting vote in addition to his original vote. (15) A member shall not take part in determining the questions before the Appeal Board unless he has been present at all the Appeal Board meetings held in respect of the appeal concerned. (16) If the Chairman of the Appeal Board panel is precluded by illness or absence from Hong Kong from exercising his functions- (a) the Deputy Chairman designated under subsection (7) shall act as Chairman; or (b) if the Deputy Chairman designated under subsection (7) is unable to act as Chairman, the Chief Executive may appoint another Deputy Chairman or another member to act as Chairman. (Replaced 14 of 1996 s. 2. Amended 62 of 2000 s. 3) (Added 101 of 1991 s. 4) Cap 131 s 17B Appeals Remarks: Adaptation amendments retroactively made - see 62 of 2000 s. 3 (1) An applicant who is aggrieved by a decision of the Board on a review under section 17 may appeal by lodging, within 60 days after notification of the Board's decision under section 17(6), a notice of appeal setting out the grounds for the appeal and such other particulars as may be prescribed. (2) The appellant and the Board may appear before an Appeal Board in person, where applicable, or by an authorized representative. (3) No decision of an Appeal Board shall be questioned by virtue of the absence of a member of the Appeal Board during the hearing of an appeal provided that member does not participate in the final decision of the Appeal Board. (4) The Chief Executive in Council may make regulations prescribing the procedures to be followed in making an appeal, including matters to be set out in or to accompany the notice of appeal, the hearing of an appeal and the determination of an appeal. (Amended 62 of 2000 s. 3) (5) If a person mentioned in subsection (2) fails to appear on a date set for the hearing of an appeal, an Appeal Board may proceed to hear any other party entitled to appear and may make its decision without hearing the absent party. (6) Prior to or at the hearing of an appeal, an Appeal Board may- (a) consider and determine whether a party should have access to documents which the party claims are relevant to the appeal and which are in the possession or control of another person and order that other person to give the party access to such documents; (b) hear evidence on oath and administer any oath necessary to swear in a witness; (c) admit or take into account any statement, document, information or matter whether or not it would be admissible as evidence in a court of law; (d) by notice in writing summon any person to appear before it to give evidence and to produce any document or other thing specified in the notice.(7) Any notice or order of an Appeal Board shall be issued under the hand of the Chairman or a Deputy Chairman. (Amended 14 of 1996 s. 3) (8) At the completion of the hearing of parties appearing at an appeal or at any adjourned hearing, an Appeal Board may- (a) adjourn for such period as it considers necessary to reach its decision; (b) confirm, reverse or vary the decision appealed against; (c) award to a party such costs legal or otherwise as it considers reasonably incidental to the preparation and presentation of an appeal.(9) The decision of an Appeal Board on any appeal shall be final. (Added 101 of 1991 s. 4) Cap 131 s 17C Offences Any person who- (a) is served with a summons under section 17B(6)(d) and who- (i) refuses or neglects without sufficient cause to appear or to produce any document, record or other thing required to be produced; or (ii) refuses to be sworn or give evidence; or(b) refuses to comply with an order of the Appeal Board under section 17B(6),commits an offence and is liable to a fine of $50000. (Added 101 of 1991 s. 4) Cap 131 s 18 Amendment of diagrams, etc. (1) Where a draft plan prepared before the commencement of the Town Planning (Amendment and Validation) Ordinance 1974 (59 of 1974), whether it has been approved under section 9 or not, contains, or is accompanied by, diagrams, illustrations, notes or descriptive matter, the Board may, for the purpose of removing any uncertainty,- (a) amend such diagrams, illustrations, notes or descriptive matter; or (b) replace such diagrams, illustrations, notes or descriptive matter with such other diagrams, illustrations, notes or descriptive matter as it thinks fit,and the amended or new diagrams, illustrations, notes or descriptive matter shall be, and shall be deemed always validly to have been, part of the plan. (2) Where, pursuant to subsection (1), the Board amends or replaces any diagrams, illustrations, notes or descriptive matter contained in, or accompanying, a draft plan which has been approved under section 9, the Board shall notify the Land Registrar of the amendment or replacement and the Land Registrar shall make such amendment of the copy of the plan deposited with him under section 11 as may be necessary. (Amended 8 of 1993 s. 3) (3) Where the Board has amended or replaced any diagrams, illustrations, notes or descriptive matter under subsection (1), the Board shall make such amended or new diagrams, illustrations, notes or descriptive matter available for public inspection and shall publish in the Gazette a notice of the place and time at which the same may be inspected. (4) Notwithstanding any provision of this Ordinance, no objection shall be allowed to any amendment or replacement made by the Board under subsection (1). (Added 59 of 1974 s. 3) Cap 131 s 19 Comprehensive development area validation The inclusion in a plan of an area described as "(Other Specified Uses) Comprehensive Development Area" or "(Other Specified Uses) Comprehensive Redevelopment Area", and all decisions of the Board and of the Building Authority under the Buildings Ordinance (Cap 123) in relation to the area, that could have validly been included or made under this Ordinance or the Buildings Ordinance (Cap 123) had the amendments made by the Town Planning (Amendment) Ordinance 1988 (2 of 1988) been in operation at the time of the inclusion or decisions, shall not be held to be invalid by reason only that those amendments were not then in operation. (Added 2 of 1988 s. 7) Cap 131 s 20 Development permission area plans Expanded Cross Reference: 4A,5,6,7,8,9,10,11,12,13,13A Remarks: Adaptation amendments retroactively made - see 62 of 2000 s. 3 DEVELOPMENT PERMISSION AREAS (1) In any draft plan prepared under section 3(1)(b), the Board shall designate any area of Hong Kong, as directed by the Chief Executive, as a development permission area. (Amended 62 of 2000 s. 3) (2) The Board shall not designate as a development permission area any area that is or was previously included in a plan under this Ordinance, other than a plan prepared under section 26. (3) A draft plan referred to in subsection (1) may as in section 4(1) show or make provision within the development permission area for any of the matters specified in section 4(1) in relation to a plan prepared under section 3(1)(a). (4) Sections 4(3), 4A to 13A, 16 and 17 apply to a plan referred to in subsection (1) as they apply to a plan prepared under section 3(1)(a). <* Note - Exp. X-Ref.: Sections 4A, 5, 6, 7, 8, 9, 10, 11, 12, 13, 13A *> (5) A plan referred to in subsection (1), whether or not it becomes an approved plan, is effective for a period of 3 years after notice of the draft plan is first published in the Gazette pursuant to section 5, but on the application of the Board the Chief Executive in Council may, by a notice published in the Gazette before the end of the 3-year period, extend the period for up to one additional year. (Amended 62 of 2000 s. 3) (6) Except as provided in subsection (7)(a) and in the definition of "unauthorized development" in section 1A, where land that is within a plan referred to in subsection (1) is included in a plan prepared under section 3(1)(a), the plan referred to in subsection (1) ceases to be effective in relation to that land. (6A) Notwithstanding that the plan referred to in subsection (1) ceases to be effective under subsection (6), sections 16, 17 and 17B shall continue to apply to applications for permission submitted under section 16 during the effective period of 3 years or the period of up to one additional year as extended by the Chief Executive in Council, as referred to in subsection (5) until the right to be considered under section 16, right of review under section 17 and right of appeal under section 17B have been exhausted, abandoned or have expired; and the Board or the Appeal Board, as the case may be, shall consider under section 16, review under section 17 or hear an appeal under section 17B in respect of the applications to the extent as shown or provided for or specified in the plan referred to in subsection (1). (Added 22 of 1994 s. 4. Amended 62 of 2000 s. 3) (7) Where land that is within a plan referred to in subsection (1) is included in a plan prepared under section 3(1)(a), no person shall undertake or continue development on that land unless- (a) the development was an existing use in relation to the plan prepared under this section; (b) the development is permitted under the plan prepared under section 3(1)(a); or (c) permission to do so has been granted under section 16 either before or after the land was included in the plan prepared under section 3(1)(a).(8) A person who contravenes subsection (7) commits an offence and is liable, in the case of a first conviction, to a fine of $500000 and, in the case of a second or subsequent conviction, to a fine of $1000000. (Replaced L.N. 300 of 1995) (Added 4 of 1991 s. 8) Cap 131 s 21 Offence of unauthorized development (1) While a plan of a development permission area is effective, no person shall undertake or continue development in the development permission area unless- (a) the development is an existing use; (b) the development is permitted under the plan of the development permission area; or (c) permission to do so has been granted under section 16.(2) A person who contravenes subsection (1) commits an offence and is liable, in the case of a first conviction, to a fine of $500000 and, in the case of a second or subsequent conviction, to a fine of $1000000. (Replaced L.N. 300 of 1995) (Added 4 of 1991 s. 8) Cap 131 s 22 Power to inspect (1) The Authority may, without warrant or notice but at a reasonable time, enter land and any premises on it for the purposes of- (a) posting a notice under section 23; and (b) verifying that an unauthorized development has been discontinued or any steps taken or land has been reinstated as required under section 23.(2) Notwithstanding subsection (1), the Authority shall not, save with the consent of the occupier or person in charge of the premises, enter domestic premises without a warrant issued by a magistrate under subsection (3). (3) If a magistrate is satisfied from information on oath that there are reasonable grounds to believe that there is or has been unauthorized development and it is necessary to enter the land or premises in order to ascertain whether there is or has been unauthorized development, the magistrate may issue a warrant authorizing the Authority or any person authorized in writing by the Authority to enter the land or premises. (4) Where the Authority or any person authorized by the Authority enters any place under a warrant issued under subsection (3) he shall produce his warrant. (5) Where the Authority or any person authorized by him enters any place under this section he may require any person present at that place- (a) to give details of his identity, name and address and produce his identity card issued under the Registration of Persons Ordinance (Cap 177) for inspection by him; or (b) who appears at the time to be reasonably responsible for or in charge of that place to give such information or render such assistance as may be necessary to enable him to carry out his functions under this section.(6) A warrant issued under subsection (3) shall continue in force until the purpose for which the entry is necessary has been satisfied. (Added 4 of 1991 s. 8) Cap 131 s 23 Enforcement on land within a development permission area (1) Where there is or was unauthorized development, the Authority may, in a notice served on one or more of a land owner, an occupier or a person who is responsible for the unauthorized development- (Amended 101 of 1991 s. 5) (a) specify the matters that constitute or constituted the unauthorized development; and (b) specify a date by which if the unauthorized development has not been discontinued, the Authority requires- (i) it to be discontinued; or (ii) permission for the development to be obtained under section 16.(2) Where the Authority considers that continuance of unauthorized development could- (a) constitute a health or safety hazard; (b) adversely affect the environment; or (c) make it impracticable or uneconomic to reinstate the land within a reasonable period,the Authority may, in a notice under subsection (1) or in case such a notice has already been served, in a further notice served, instead of specifying the same date under subsection (1)(b) for discontinuance and for obtaining permission, specify- (Amended 101 of 1991 s. 5) (i) an earlier date for discontinuance of the unauthorized development; and (ii) the steps, if any, required to be taken by a date specified in that regard to prevent anything related to the unauthorized development from causing any effect referred to in paragraph (a), (b) or (c).(3) Where a notice under subsection (1) has been served in relation to any unauthorized development and permission under section 16- (a) has not been obtained in respect of that development by the date specified in that regard; or (b) has been refused and all rights of review or appeal under section 17 have been exhausted, abandoned or have expired,the Authority may, subject to subsection (4), in a notice served on any person on whom a notice may be served under subsection (1), require such person to reinstate the land, by a date not earlier than 30 days after service of the notice, to the condition it was in immediately before the development permission area became effective or to such other condition, more favourable to the person served, as the Authority considers satisfactory. (4) Where the unauthorized development referred to in subsection (3) is or was on land included- (a) in a plan of an interim development permission area; and (b) within 6 months of the commencement of the Town Planning (Amendment) Ordinance 1991 (4 of 1991) in a plan of a development permission area,the Authority may, in the notice under subsection (3), require the person served to reinstate the land to the condition it was in immediately before notice of the plan of the interim development permission area was published in the Gazette or to such other condition, more favourable to the person served, as the Authority considers satisfactory. (4A) Where the Authority is satisfied- (a) in the case of a notice served under subsection (1) that- (i) the unauthorized development has been discontinued; or (ii) permission for the development has been obtained under section 16;(b) in the case of a further notice served under subsection (2) that- (i) the unauthorized development has been discontinued; (ii) the steps have been taken as required by the notice;(c) in the case of a notice served under subsection (3) that the land has been reinstated as required by the notice,he shall serve a further notice stating that- (i) the unauthorized development has been discontinued; (ii) permission for the development has been obtained under section 16; or (iii) the steps have been taken as required by the notice,as the case may be, and shall as soon as reasonably practicable register such further notice in the Land Registry. (Added 101 of 1991 s. 5. Amended 8 of 1993 s. 2) (4B) A notice served under subsection (1), (2), (3) or (4A) shall be deemed to be an instrument affecting land or premises and shall be registrable in the manner required by or under the Land Registration Ordinance (Cap 128). (Added 101 of 1991 s. 5) (5) Where permission to undertake or continue development on land referred to in subsection (4)(a) was granted under section 26 before the land was included within the plan of the development permission area, the permission shall, for the purposes of sections 20(7)(c) and 21(1)(c) and subsection (1)(b)(ii), be deemed to be permission granted by the Board under section 16. (6) Where, by the date specified in that regard in a notice under this section- (a) the development has not been discontinued; (b) steps have not been taken as required under subsection (2); or (c) land has not been reinstated as required by subsection (3) or (4),a person who is served with the notice commits an offence and is liable- (i) in the case of a first conviction, to a fine of $500000; and in addition, to a fine of $50000 for each day, after the date in the notice, during which the person continues to fail to so comply; and (ii) in the case of a second or subsequent conviction, to a fine of $1000000; and in addition, to a fine of $100000 for each day, after the date in the notice, during which the person continues to fail to so comply. (Amended L.N. 300 of 1995; 14 of 1996 s. 4)(7) Where, by the date specified in that regard in a notice under this section- (a) an unauthorized development has not been discontinued; (b) steps have not been taken as required under subsection (2); or (c) land has not been reinstated as required by subsection (3) or (4),the Authority may enter the land and take whatever steps he considers necessary to ensure the discontinuance of the unauthorized development, to prevent the effects referred to in subsection (2)(a), (b) or (c) or to reinstate the land. (7A) The Authority may under subsection (7) take possession of, remove, detain and dispose of property that is on the land to which a notice served under this section relates. (Added 22 of 1994 s. 5) (7B) Subject to any regulation that may be made under section 14, the Government is not liable for the loss of or for damage to any property in the course of taking possession of, removal, detention or disposal of property by the Authority under subsection (7A), nor is any public officer or person so authorized by the Authority to take possession of, remove, detain or dispose of the property under subsection (7A) liable for the loss or damage, unless he has caused it wilfully, fraudulently or by gross negligence. (Added 22 of 1994 s. 5) (8) Expenses incurred by the Authority under subsection (7) are recoverable as a civil debt from any person served with a notice under this section. (9) It is a defence to a prosecution under subsection (6) and in a proceeding to recover expenses under subsection (8) if the defendant proves that- (a) he took all reasonable steps in the circumstances to comply with the notice; (b) the development was an existing use or, in the case of land within an interim development permission area, that the use of a building or land was in existence immediately before publication in the Gazette of the notice of the relevant plan of the interim development permission area; (c) the development is permitted under the plan of the development permission area or under a relevant plan of an interim development permission area; or (d) permission for the development was granted under section 16.(10) A notice under this section may be served on a person in person or by sending it by post to his address or depositing it in his post box or posting it in a prominent position- (a) on or near the land; or (b) on any premises or structure on the land,affected by the notice. (Amended 101 of 1991 s. 5) (Added 4 of 1991 s. 8) Cap 131 s 24 Review of Authority's decision (1) Any person aggrieved by a decision of the Authority under section 23(3) or (4) may, within 30 days after service of the notice under section 23(3), apply in writing to the Secretary for Housing, Planning and Lands for a review of the Authority's decision. (Amended L.N. 330 of 1999; L.N. 106 of 2002) (2) The Authority and the applicant are not entitled to be present during the review but the applicant shall be given copies of any material provided to the Secretary by the Authority and the applicant shall be given a reasonable time to provide further particulars in response to the material provided. (3) After considering the application and all submitted materials the Secretary may confirm or reverse the Authority's decision or make any decision the Authority could have made under section 23(3) or (4). (4) Where an application for review is received pursuant to this section the decision under section 23(3) or (4) that is under review is suspended in its operation until the review is disposed of. (Added 4 of 1991 s. 8) Cap 131 s 25 Delegation by Authority The Authority may authorize in writing any public officer to exercise any powers and to perform any duties conferred or imposed on the Authority by this Ordinance. (Added 4 of 1991 s. 8) Cap 131 s 26 Interim development permission areas Remarks: Adaptation amendments retroactively made - see 62 of 2000 s. 3 (1) Notwithstanding any other provision in this Ordinance, the Director of Planning- (a) may prepare plans designating any area of Hong Kong as the Chief Executive may direct as an interim development permission area and providing that development shall not be undertaken or continued in such area otherwise than in conformity with such plans or with the permission of the Director of Planning; (Amended 62 of 2000 s. 3) (b) may, for the purposes of paragraph (a), on an application being made for permission, grant permission in writing with or without conditions or refuse permission; and (c) shall cause notice to be published in the Gazette of any such plan.(2) Sections 4(1) and 4A shall apply to a plan prepared under subsection (1) as if the references in those sections to a draft plan of the Board were references to a plan prepared under subsection (1) and the references to the Board and the Chairman of the Board were references to the Director of Planning. (3) Where land to which a plan prepared under subsection (1) relates is subsequently included in a plan prepared under section 3, subsection (1) in so far as it requires conformity with such a plan or obtaining permission from the Director of Planning shall not apply as regards that land. (4) The Director of Planning shall not prepare a plan under subsection (1)(a) or cause a notice to be published under subsection (1)(c) after the commencement of the Town Planning (Amendment) Ordinance 1991 (4 of 1991). (Added 4 of 1991 s. 8)________________________________________________________________________________ Note: See 4 of 1991 s. 1(2) as to date of operation.
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