Cap. 127 - Foreshore and Sea-bed (Reclamations) Ordinance

To provide for the publication of proposals in respect of reclamations over and upon any foreshore and sea-bed; to make provision in respect of objections to the proposals, the payment of compensation and connected matters; and to repeal the Public Reclamations and Works Ordinance (Cap. 113, 1984 Ed.) and the Foreshores and Sea Bed Ordinance (Cap. 127, 1984 Ed.). [9 August 1985](Format changes—E.R. 6 of 2019) 1. Short title This Ordinance may be cited as the Foreshore and Sea-bed (Reclamations) Ordinance. 2. Interpretation In this Ordinance, unless the context otherwise requires—Director (署長) means the Director of Lands; (Amended L.N. 94 of 1986; L.N. 291 of 1993)foreshore and sea-bed (前濱及海床) means the shore and bed of the sea and of any tidal water within Hong Kong, below the line of the high water mark; (Amended E.R. 6 of 2019)reclamation (填海工程) includes any work over and upon any foreshore and sea-bed;reference interest rate (參考利率) means the 1-month Hong Kong Dollar Interest Settlement Rate published by The Hong Kong Association of Banks by the close of business on a day; (Added 25 of 2023 s. 23)Secretary (局長) means the Secretary for Development. (Added 25 of 2023 s. 23)(Amended 25 of 2023 s. 23) 2A. Assumption and delegation by Director (1) The Director may act under this Ordinance in relation to any reclamation proposed by the Director to be executed by—(a) a person who is not a public officer; or(b) a public officer on the Director’s behalf,and this Ordinance applies to the reclamation.(2) If the Director proposes that any reclamation be executed by another person, any compensation payable in respect of the reclamation is, subject to any agreement, payable by the Government.(3) The Director may in writing authorize any person, either generally or in any particular case, to exercise any of the powers, functions and duties conferred or imposed on the Director under this Ordinance.(Added 25 of 2023 s. 24) 3. Plans relating to reclamations Where a reclamation is proposed in relation to any foreshore and sea-bed, the Director shall prepare a plan delineating and describing the proposed reclamation and the foreshore and sea-bed intended to be affected thereby. 4. Availability for public inspection A copy of a plan prepared under section 3 shall, upon the publication of a notice under section 5, be available for inspection by the public free of charge at such offices of the Government as the Director may direct, during the hours when those offices are open to the public. 5. Publication (1) Upon completion of the preparation of a plan under section 3, the Director must cause notice of the plan to be published— (Amended 25 of 2023 s. 25)(a) in 2 issues of the Gazette in both the Chinese and English languages;(ab) on the website specified by the Director; (Added 25 of 2023 s. 25)(b) in 2 issues of a Chinese language newspaper;(c) in 2 issues of an English language newspaper; and(d) by affixing copies in the Chinese and English languages in such prominent positions within or near the foreshore and sea-bed affected by the notice, as may be appropriate for the purposes of drawing the notice to the attention of the public.(2) The notice referred to in subsection (1) shall—(a) describe the foreshore and sea-bed affected and describe the manner in which it will be affected by the proposed reclamation;(b) either be published together with a copy of the plan to which it relates, or state where and at what times a copy of the plan may be inspected; and(c) state that any person who considers that he has an interest, right or easement in or over the foreshore and sea-bed so described, may object to the proposal under section 6.(3) A notice published under this section shall be deemed to be notice to every person who has an interest, right or easement in or over the foreshore and sea-bed described therein. 6. Objections (1) Any person who considers that he has an interest, right or easement in or over the foreshore and sea-bed described in a notice published under section 5 may, by notice in writing delivered to the Director before the expiration of such time being not less than 2 months as shall be specified in the notice, object to the proposed reclamation.(2) A notice of objection shall describe the interest, right or easement of the objector and the manner in which he alleges he will be affected.(3) An objection made on a ground relating to any compensation (whether monetary or non-monetary) or any financial or other assistance (compensation or assistance) in connection with the proposed reclamation is, to the extent that it is made on that ground, invalid and treated as not having been made for the purposes of sections 7 and 8. (Replaced 25 of 2023 s. 26)(4) In subsection (3), the reference to a ground relating to any compensation or assistance includes—(a) a ground relating to whether any compensation or assistance is to be provided, whether or not under an enactment; and(b) a ground relating to the amount, extent or form of the compensation or assistance, or the time for its provision. (Added 25 of 2023 s. 26)(5) If the Director gives any written reply to an objection, the objector may give a response to the reply (including any comment on, or any request in connection with, the reply) within the period of 14 days after the day on which the reply is given. (Added 25 of 2023 s. 26)(6) For subsection (5), the mere notification by the Director that the objection is treated as unwithdrawn and will be submitted to the Chief Executive in Council does not constitute a reply. (Added 25 of 2023 s. 26)(7) A response that is given after the 14-day period mentioned in subsection (5) is treated as not having been given. (Added 25 of 2023 s. 26)(8) An objector may, by writing to the Director—(a) amend an objection made by the objector within the period for making objections; or(b) withdraw the objection in whole or in part before the proposed reclamation is submitted under section 8(1). (Added 25 of 2023 s. 26)(9) An objection (or a part of an objection) that has been withdrawn is treated as not having been made for the purposes of sections 7 and 8. (Added 25 of 2023 s. 26)(10) An objection, an amendment or withdrawal of an objection, or a response (referred to in subsection (5)) may be given to the Director by—(a) delivering it to an officer who is authorized by the Director to receive it on the Director’s behalf;(b) sending it by ordinary or registered post;(c) sending it by electronic mail transmission to an electronic mail address specified by the Director; or(d) sending it by fax transmission to a fax number specified by the Director. (Added 25 of 2023 s. 26)(11) A reply (referred to in subsection (5)) may be given to the objector by—(a) delivering it to the objector personally;(b) leaving it at the objector’s last known address;(c) sending it by ordinary or registered post addressed to the objector at the objector’s last known address;(d) sending it by electronic mail transmission to the objector’s last known electronic mail address; or(e) sending it by fax transmission to the objector’s last known fax number. (Added 25 of 2023 s. 26) 7. Authorization procedure if no objection made When the time for the making of objections under section 6 in respect of a proposed reclamation has expired and no objection has been delivered to the Director, or if any objections made have all been withdrawn, the Chief Executive may authorize the proposed reclamation.(Amended 62 of 2000 s. 3) 8. Authorization procedure if objection made (1) Where at the expiry of the time for the making of objections under section 6 in respect of a proposed reclamation any objection has been delivered under that section, the Director must, within the period determined in accordance with subsections (1A) and (1B), submit to the Chief Executive in Council for consideration the proposed reclamation and any such objection, and the Chief Executive in Council must consider the proposed reclamation and every objection and may— (Amended 25 of 2023 s. 27)(a) decline to authorize the reclamation;(b) authorize the reclamation in part only and defer for further consideration at a future time specified by the Chief Executive in Council any objection which relates to the remaining part of the reclamation not so authorized; or (Amended 25 of 2023 s. 27)(c) authorize the whole of the reclamation. (Amended 17 of 1998 s. 2)(1A) Except as extended under subsection (1B), the period mentioned in subsection (1) is 5 months after the date of expiry of the time for making objections under section 6. (Added 25 of 2023 s. 27)(1B) The Secretary may, on application by the Director—(a) extend the period mentioned in subsection (1A) for 2 months if the Secretary considers it appropriate to do so in a particular case; and(b) further extend the period on not more than 2 occasions and for 2 months for each extension if the Secretary is satisfied that exceptional circumstances exist in a particular case. (Added 25 of 2023 s. 27)(2) Where a reclamation is authorized under subsection (1)(b) or (c), the plan relating to such reclamation shall be subject to such modifications and conditions as the Chief Executive in Council thinks fit. (Amended 62 of 2000 s. 3) 9. Notice of authorization and invitation to claim for compensation (1) Where a reclamation is authorized under section 7, 8(1)(b) or 8(1)(c) notice thereof shall, at any time before the commencement of the reclamation, be—(a) served by the Director on every person who has made an objection under section 6;(b) published in one issue of the Gazette in both the Chinese and English languages; and(c) made available for inspection by the public free of charge at such offices of the Government as the Director may direct, during the hours when those offices are open to the public.(2) The notice referred to in subsection (1) shall—(a) describe the foreshore and sea-bed affected thereby;(b) be served by the Director and published either with a copy of the plan to which it relates prepared under section 3, or if modified by the Chief Executive in Council, with a copy of the plan as so modified, or state where and at what times a copy of any such plan may be inspected; (Amended 62 of 2000 s. 3)(c) state that any person who considers that he has an interest, right or easement in or over such foreshore and sea-bed that will be injuriously affected by the reclamation may deliver a written claim for compensation under section 12 for the injurious affection to the Director, before the expiry of such time being not less than 1 year from the date when it is published in the Gazette, as shall be specified in the notice.(3) A notice served by the Director and published under this section shall be deemed to be notice to every person who has an interest, right or easement in or over the foreshore and sea-bed so affected. 10. Extinguishment of rights upon publication of notice of authorization (1) Subject to section 17, upon the publication of a notice of authorization in the Gazette under section 9(1)(b)—(a) all public and private rights in relation to the foreshore and sea-bed affected thereby shall be extinguished and cease to exist; and(b) no person shall have any right against the Government or any other person to compel or restrain anything authorized under section 7, 8(1)(b) or 8(1)(c). (Amended 62 of 2000 s. 3)(2) No action shall be brought or continued in respect of the extinguishment under subsection (1), in whole or in part, of any public or private right. 11. No claim for money except under this Ordinance No person shall have any right against the Government or any other person to claim any money in respect of anything authorized under section 7, 8(1)(b) or 8(1)(c) except to the extent of the entitlement to claim compensation under section 12.(Amended 62 of 2000 s. 3) 12. Claims for compensation (1) Any person who claims that his interest, right or easement in or over such foreshore and sea-bed will be injuriously affected by the reclamation may deliver to the Director a written claim stating the sum of money which he is willing to accept in full and final settlement of his claim together with such particulars as he may possess to substantiate the claim and shall furnish to the Director such accounts, documents and further particulars as the Director may request him to furnish, in support of the claim.(2) A claim under subsection (1) shall be made before the expiry of the time specified in the notice served by the Director and published under section 9(1) in respect of the reclamation.(3) Where any costs or remuneration are reasonably incurred or paid by a claimant in employing persons to act in a professional capacity in connexion with a claim under subsection (1), such claim may include a claim for such costs or remuneration. 13. Settlement of claim (1) In relation to every reclamation the Director shall before the expiry of 6 months from the date when the written claim is delivered to him or, if he has requested further particulars under section 12(1), before the expiry of 6 months from the date when they are furnished under that section, consider whether or not the claimant is a person having an interest, right or easement in or over any foreshore and sea-bed that will be injuriously affected by the reclamation and shall serve notice on the claimant in writing stating that he—(a) admits the whole claim; or(b) rejects the whole claim; or(c) admits a specified part and rejects the remainder,and shall where he rejects the whole claim, or admits a specified part and rejects the remainder, as the case may be, give an adequate statement of his reasons for the rejection.(2) If the Director admits the whole claim, or admits a specified part and rejects the remainder, he may agree with the claimant as to the amount of compensation to be paid to the claimant in full and final settlement of the whole claim or a specified part, as the case may be.(3) Where—(a) the Director rejects the claim in whole or in part; or(b) after the expiry of 7 months from the date when the written claim is delivered to the Director or, if he has requested further particulars under section 12(1), after the expiry of 7 months from the date when they are furnished under that section, the Director and the claimant do not agree as to the amount of compensation,the Director or the claimant may refer the claim to the Lands Tribunal to determine in accordance with this Ordinance and the Lands Tribunal Ordinance (Cap. 17), the amount of compensation to be paid.(4) In determining a claim referred to it under subsection (3) in respect of a reclamation, the Lands Tribunal shall—(a) hear any evidence which the Director or the claimant may wish to tender and, if so requested, hear counsel or a solicitor on behalf of the party making the request; and(b) determine the amount of compensation payable by the Government to the claimant in respect of any interest, right or easement of the claimant in or over any foreshore or sea-bed injuriously affected by the reclamation in full and final settlement of the claim.(5) Notice of a reference under subsection (3) shall be served by the Director or the claimant, as the case may be, on the other party to the proceedings, before the expiry of 7 days from the date when it is referred.(6) A claim shall not be referred to the Lands Tribunal under subsection (3), unless it is referred before the expiry of 1 year from the date of the notice served under subsection (1) or within such longer period as the Lands Tribunal may in any case allow, but the total period for the purposes of this subsection shall not exceed 6 years from that date. 14. Provisional payment pending determination of compensation (1) The Director may, pending the determination by the Lands Tribunal of the compensation payable under this Ordinance, pay—(a) an amount as a provisional payment of the amount payable by virtue of such determination; and(b) interest on any payment made under paragraph (a), for the period from the date of publication of the notice of authorization in the Gazette under section 9(1)(b) relating to the reclamation in question, until the date on which the payment is made, calculated on a daily basis according to subsection (1A). (Amended 6 of 2001 s. 3)(1A) For the purposes of subsection (1)(b), the rate of interest paid— (Added 6 of 2001 s. 3)(a) in respect of a day on which the reference interest rate is published (publication day)—is the reference interest rate; and (Replaced 25 of 2023 s. 28)(b) in respect of a day other than a publication day—is the reference interest rate published on the last publication day before that day. (Replaced 25 of 2023 s. 28)(2) Any payment made by the Director under subsection (1) shall be without prejudice to the claim for compensation under this Ordinance or the submission under this Ordinance of the matter to the Lands Tribunal for determination of the amount of compensation to be paid, or the determination thereof by it under this Ordinance but the amount of compensation payable by virtue of such determination shall be reduced by the amount of such payment.(3) Where the amount of compensation payable by virtue of a determination of the Lands Tribunal under this Ordinance is reduced under subsection (2) by the amount of any payment made under subsection (1), such compensation shall not as from the date on which the payment is made, bear interest except on the amount thereof as so reduced.(4) Where the amount of any payment made by the Director under subsection (1) exceeds the amount of the compensation payable by virtue of a determination by the Lands Tribunal, the amount of the excess shall be recoverable by the Director as a civil debt. Editorial Note: For the validation of interest payments and application provisions relating to the amendments made by the Interest Rates (Miscellaneous Amendments) Ordinance 2001 (6 of 2001)—see section 13 of 6 of 2001. 15. Payment of compensation and interest (1) All sums of money payable as compensation under this Ordinance together with interest thereon and all costs and remuneration awarded against the Government, shall be paid out of the general revenue. (Amended 62 of 2000 s. 3)(2) At any time after an agreement under section 13(2) or a determination by the Lands Tribunal of the amount of compensation payable under this Ordinance, the Director may by notice published in the Gazette require the person entitled to the compensation to collect it by the date and at the place specified in the notice.(3) Subject to section 14(3), any sum of money payable as compensation by virtue of an agreement under section 13(2) or a determination of the Lands Tribunal under this Ordinance bears interest, calculated on a daily basis in accordance with subsection (4), from the date of publication of the notice of authorization in the Gazette under section 9(1)(b) relating to the reclamation in question, until the date specified in the notice published under subsection (2) of this section but no interest is payable in respect of the amount of any costs or remuneration. (Amended 25 of 2023 s. 29)(4) For subsection (3), the rate of interest payable—(a) in respect of a day on which the reference interest rate is published (publication day)—is the reference interest rate; and(b) in respect of a day other than a publication day—is the reference interest rate published on the last publication day before that day. (Replaced 25 of 2023 s. 29)(4A) (Repealed 25 of 2023 s. 29)(5) If no claim is made for the payment out of the compensation money at the place and by the date specified in the notice published under subsection (2), the Director shall pay such money to the Director of Accounting Services.(6) The money paid to the Director of Accounting Services under subsection (5) or any part of it may, before the expiry of 5 years from the date specified in the notice published under subsection (2), be claimed by the person entitled thereto and upon such claim being substantiated shall be paid to the person so entitled.(7) On the expiry of the period of 5 years referred to in subsection (6) the money or such part of it as remains unpaid shall be transferred to the general revenue. Editorial Note: For the validation of interest payments and application provisions relating to the amendments made by the Interest Rates (Miscellaneous Amendments) Ordinance 2001 (6 of 2001)—see section 13 of 6 of 2001. 16. Payment when person entitled cannot be found, etc. When the person entitled to compensation is absent from Hong Kong or cannot be found or, before the expiry of 6 months from the date when the amount of compensation is agreed under section 13(2) or determined by the Lands Tribunal under this Ordinance, makes no claim to the same, or is in the opinion of the Director unable to give an effectual discharge for the same, the Director may direct that payment of the compensation shall be made to such other person on behalf of the person entitled as he shall think proper, subject to such conditions as he thinks fit, and the receipt of such other person shall be a valid and effectual discharge for the same in the same manner as if payment had been made to the person entitled. 16A. Minor works (1) The Director may authorize any works over and upon any foreshore and sea-bed, the total area of foreshore and sea-bed affected by which is not more than 0.5 hectare, to construct any one or more of the items specified in the Schedule.(2) A person has no right against the Government or any other person to—(a) compel or restrain any works authorized under subsection (1); or(b) recover any money under this Ordinance in respect of any such works.(3) To avoid doubt, nothing in this Ordinance prevents a person from recovering any money, under any other Ordinance or any rule of common law or of equity, in respect of any works authorized under subsection (1).(4) Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16 do not apply in relation to any works authorized under subsection (1).(5) The Secretary may, by notice published in the Gazette, amend the Schedule.(Added 25 of 2023 s. 30) 16B. Absence of authorization of expenditure for works not prevent certain matters The fact that the expenditure for any works to be executed for a reclamation has not been approved or authorized under the Public Finance Ordinance (Cap. 2) or any other enactment does not prevent—(a) the authorization of the reclamation under section 7 or 8;(b) the authorization of the works under section 16A; or(c) the provision of any compensation (whether monetary or non-monetary) or any financial or other assistance, whether or not under an enactment, in connection with the reclamation or the works.(Added 25 of 2023 s. 30) 16C. Absence of plan under Town Planning Ordinance not prevent certain matters The fact that no draft plan, approved plan or partly approved plan within the meaning of the Town Planning Ordinance (Cap. 131) has been prepared under that Ordinance in relation to any foreshore and sea-bed does not prevent the doing of any of the following things in relation to the foreshore and sea-bed—(a) the preparation of a plan under section 3;(b) the publication of a notice of a plan under section 5;(c) the authorization of a reclamation under section 7 or 8;(d) the authorization of works under section 16A.(Added 25 of 2023 s. 30) 17. Saving of rights of Government Nothing in this Ordinance shall be deemed to be in derogation of any of the powers or rights of the Government in respect of the foreshore and sea-bed or of the waters of Hong Kong. (Amended 29 of 1998 s. 105) 18. Service of notices by Director Any notice required to be served by the Director upon any person under this Ordinance may be served by serving a copy personally or by registered post addressed to the last known place of business or residence of the person to be served. 19. (Omitted as spent—E.R. 6 of 2019) 20. Transitional (1) Notwithstanding the repeal of the Public Reclamations and Works Ordinance (Cap. 113, 1984 Ed.), that Ordinance shall continue to apply to any reclamation or proposed reclamation or other works of a public nature in respect of which a notice had been published under section 2 of that Ordinance before the commencement** of this Ordinance.(2) Notwithstanding the repeal of the Foreshores and Sea Bed Ordinance (Cap. 127, 1984 Ed.), that Ordinance shall continue to apply to any Government lease in respect of which a notice had been published under section 4 of that Ordinance before the commencement** of this Ordinance. (Amended 31 of 2025 s. 66)(3) Where immediately before the commencement@ of the Foreshore and Sea-bed (Reclamations) (Amendment) Ordinance 1998 (17 of 1998), a notice had been published under section 5 in respect of a proposed reclamation, the period of 9 months as specified in section 8(1) shall be calculated as from—(a) the commencement@ of that Ordinance; or(b) the expiry of the time for the making of objections under section 6,whichever is the later. (Added 17 of 1998 s. 3) Editorial Note: ** Commencement date: 9 August 1985. @ Commencement date: 3 April 1998. 21. Transitional provisions for Development (Town Planning, Lands and Works) (Miscellaneous Amendments) Ordinance 2023 (1) If the date of the first publication in the Gazette of a notice mentioned in section 5(1) in respect of a proposed reclamation falls before 1 September 2023, sections 5, 6 and 8 as in force immediately before 1 September 2023 continue to apply in relation to the proposed reclamation as if sections 25, 26 and 27 of the Amendment Ordinance had not been enacted.(2) If a notice mentioned in section 9(1) in respect of a reclamation is published in the Gazette before 1 September 2023, sections 14 and 15 as in force immediately before 1 September 2023 continue to apply in relation to the compensation in respect of the reclamation as if sections 28 and 29 of the Amendment Ordinance had not been enacted.(3) In this section—Amendment Ordinance (《修訂條例》) means the Development (Town Planning, Lands and Works) (Miscellaneous Amendments) Ordinance 2023 (25 of 2023).(Added 25 of 2023 s. 31) Schedule [s. 16A]Minor Works (Schedule added 25 of 2023 s. 32) 1. Pier 2. Landing steps 3. Harbour steps 4. Slipway 5. Mooring dolphin 6. Beacon 7. Floating pontoon 8. Submarine pipeline or outfall 9. Diffuser for open sea discharge 10. Seawater intake 11. Peripheral structure or feature associated with a marine structure