Cap. 131 - Town Planning Ordinance

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 in those areas) and for the preparation and approval of plans for areas within which permission is required for development, including making provision for the enforcement of this Ordinance and for related matters. (Amended 4 of 1991 s. 2; 25 of 2023 s. 67) [23 June 1939](Format changes—E.R. 1 of 2021) 1. Short title This Ordinance may be cited as the Town Planning Ordinance. 1A. Interpretation (1) In this Ordinance, unless the context otherwise requires— (Amended 25 of 2023 s. 41)Appeal Board (上訴委員會) means an Appeal Board constituted under section 17A; (Added 101 of 1991 s. 2)approved part (已核准部分)—(a) means—(i) any part of a plan mentioned in subsection (2)(b)(i); or(ii) any part of a plan that is approved under section 9(2); and(b) includes any part of a plan that is taken to be an approved part of the plan because of section 12(3B) or (3E); (Added 25 of 2023 s. 41)approved plan (核准圖)—see subsection (2)(b); (Added 25 of 2023 s. 41)Authority (監督) means the Director of Planning;Board (規劃委員會) means the Town Planning Board appointed under section 2; (Added 25 of 2023 s. 41)building (建築物) includes a structure or part of a structure;container (貨櫃) includes a container converted for use as an accommodation or as storage or for any other use; (Added 22 of 1994 s. 2)development (發展) 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 (發展審批地區) 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 (現有用途), 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; (Amended E.R. 1 of 2021)interim development permission area (中期發展審批地區) means an area so designated in a plan prepared under section 26;land owner (土地擁有人) 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 (土地或建築物用途的實質改變) 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;material date (關鍵日期) means 9 December 2022; (Added 25 of 2023 s. 68)occupier (佔用人) 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;outstanding part (待核准部分)—see subsections (3), (4) and (5); (Added 25 of 2023 s. 41)partly approved plan (局部核准圖)—see subsection (2)(a); (Added 25 of 2023 s. 41)pre-material-date use (關鍵日期前用途), in relation to a regulated area, means a use of a building or land that was in existence immediately before the material date; (Added 25 of 2023 s. 68)prescribed fee (訂明費用), in relation to any matter, means the fee prescribed in relation to that matter by a regulation made under section 14(2); (Added 25 of 2004 s. 2)property (財產) includes anything contained in a vehicle or a container, but does not include immovable property; (Added 22 of 1994 s. 2)regulated area (受規管地區) means—(a) an area designated under section 21A(3); or(b) an area modified under section 21A(5)(a); (Added 25 of 2023 s. 68)regulated area designation (受規管地區指定) means—(a) a designation under section 21A(3); or(b) a designation mentioned in paragraph (a) as modified from time to time by section 21A(5)(a); (Added 25 of 2023 s. 68)regulated area plan (受規管地區圖則) means a plan prepared and signed under section 21B; (Added 25 of 2023 s. 68) unauthorized development (違例發展)— (Amended 25 of 2023 s. 68) (a) in relation to land included in a plan of a development permission area, land to which section 20(7) applies, or a regulated area, means development in contravention of this Ordinance; and (b) in sections 22 and 23, in relation to land referred to in section 23(4), means 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. (Amended 25 of 2023 s. 68) (2) For the purposes of this Ordinance—(a) a plan is a partly approved plan if—(i) there is any approved part in respect of the plan; but(ii) the plan is not an approved plan; and(b) a plan is an approved plan if—(i) the whole plan is approved under section 9; or(ii) all parts of the plan are approved parts. (Added 25 of 2023 s. 41)(3) For the purposes of this Ordinance, subject to subsection (4), if a part of a partly approved plan is not an approved part (subject part), the subject part is the outstanding part of the plan. (Added 25 of 2023 s. 41)(4) If there is more than one subject part in respect of a partly approved plan, the subject parts together constitute the outstanding part of the plan. (Added 25 of 2023 s. 41)(5) If the outstanding part (or any part of the outstanding part) of a plan is amended by the Board under this Ordinance, except otherwise provided in this Ordinance, a reference to the outstanding part of the plan is a reference to that part as amended. (Added 25 of 2023 s. 41)(6) For the purposes of this Ordinance—(a) if the Chief Executive in Council refuses to approve a plan under section 9, the plan is taken as not having been prepared from the date of the refusal; and(b) if the Chief Executive in Council refuses to approve any part of a plan under section 9, the part so refused is not to be treated as part of the plan from the date of the refusal. (Added 25 of 2023 s. 41)(Added 4 of 1991 s. 3) 2. Appointment of Town Planning Board (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), 8, 12A, 16, 16A and 20(1) to a committee appointed under subsection (3);(b) to a public officer or class of public officer in respect of— (Amended 25 of 2004 s. 3)(i) an application made under section 16A(2); and (Replaced 25 of 2004 s. 3)(ii) an application for 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; and(c) under sections 6B(4A)(b), 12A(13) and (15), 16(2J) and (2L) and 17(2H) and (2J) to the secretary of the Board, (Added 25 of 2004 s. 3. Amended 25 of 2023 s. 42)and, for the avoidance of doubt, the provisions of this Ordinance are, with necessary modifications, to be construed and have application accordingly. (Added 4 of 1991 s. 4. Amended 25 of 2004 s. 3; 25 of 2023 s. 42) 2A. Appointment of committees by the Board (1) Notwithstanding section 2(3), the Board may appoint committees from among its members to exercise any of the Board’s powers and functions under sections 6B, 6C, 6D, 6E, 6F, 6G and 6H, and, for the avoidance of doubt, the provisions of this Ordinance shall, with necessary modifications, be construed and have application accordingly. (Amended 25 of 2004 s. 4)(2) A committee appointed under this section shall consist of not less than 5 members, at least 3 of whom are not public officers. (Amended E.R. 1 of 2021)(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) 2B. Transaction of business by circulation of papers (1) The Board or any committee appointed under section 2(3) or 2A may transact any of its business by the circulation of papers among its members, whether any such member is in or outside Hong Kong, unless the holding of a meeting for the purpose is required either by any express provision of this Ordinance or by necessary implication from any provision of this Ordinance.(2) Subject to subsections (3) and (4), upon the circulation of papers under subsection (1), a resolution in writing which is approved in writing by a majority of the members of the Board or of a committee appointed under section 2(3) or 2A shall be as valid and effectual as if it had been a resolution passed at a meeting of the Board or the committee, as the case may be, by the votes of the members by whom the resolution is so approved.(3) Any member of the Board or of a committee appointed under section 2(3) or 2A may require any business which is being transacted by the circulation of papers under subsection (1) to be transacted at a meeting of the Board or of the committee, as the case may be, by giving a notice in writing to the chairman of the Board or of the committee, as the case may be, within the period specified in the papers.(4) Where, in respect of any business being transacted by the circulation of papers, a notice is given under subsection (3) to the chairman of the Board or of a committee appointed under section 2(3) or 2A, any resolution approved in writing under subsection (2) in respect of the business shall be void.(5) For the avoidance of doubt, a reference to circulation of papers in this section includes circulation of information by electronic means, and the reference to the papers in this section shall be construed accordingly.(Added 25 of 2004 s. 5) 2C. Meetings of Board and of committees (1) Subject to subsection (2), all meetings of the Board or of any committee appointed under section 2(3) or 2A shall be open to the public.(2) Subsection (1) does not apply to—(a) in the case of any meeting held under or for the purposes of section 6B, 6F, 12A, 16, 16A or 17, such part or parts of the meeting that are held for deliberation by the Board or the committee, as the case may be, for making any decision under section 6B(8), 6F(8) or (9), 12A(23), 16(3), 16A(5) or 17(6), after hearing any person who, not being a member of the Board or the committee, as the case may be, is entitled or allowed to be heard or otherwise has an opportunity of making representations or providing information at the meeting; and (Amended 25 of 2023 s. 43)(b) in the case of any other meeting, the meeting or any part or parts of the meeting if in the opinion of the Board or the committee, as the case may be, it is likely that—(i) the application of subsection (1) to such meeting or such part or parts of the meeting, as the case may be, would not be in the public interest;(ii) the application of subsection (1) to such meeting or such part or parts of the meeting, as the case may be, would result in premature release of information that would prejudice the position of the Board, the Government, the Chief Executive or the Chief Executive in Council or, in the case of a meeting of the committee, the committee in carrying out its or his functions under this Ordinance;(iii) the application of subsection (1) to such meeting or such part or parts of the meeting, as the case may be, would result in a disclosure of information in breach of any duty of confidentiality owed to any person by the Board or the Government or, in the case of a meeting of the committee, the committee, or owed to the Government by the Board or, in the case of a meeting of the committee, the committee, by virtue of any law or any requirement under any law, or in contravention of any prohibition by any order of a magistrate or a court or by any law or any requirement under any law;(iv) the application of subsection (1) to such meeting or such part or parts of the meeting, as the case may be, would result in a disclosure of information in respect of which a claim to legal professional privilege could be maintained in law; or(v) any matter transacted at such meeting or such part or parts of the meeting, as the case may be, would be relevant to the institution or conduct of any legal proceedings.(3) Subject to the provisions of this Ordinance, the Board or any committee appointed under section 2(3) or 2A may determine its practice and procedure at its meeting.(4) Without affecting subsection (3), the Board may determine—(a) the length of time for a person who makes a representation under section 6(1) (specified person) to present the person’s case at a meeting held under section 6B; and(b) the length of time for a person who is authorized by one or more specified persons to present the specified persons’ cases at such a meeting. (Added 25 of 2023 s. 43)(Added 25 of 2004 s. 5) 3. Functions of the Board (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(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) 4. Contents of lay-out plans and powers of the Board (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 nature conservation or protection of the environment; (Added 4 of 1991 s. 6. Amended 25 of 2023 s. 44)*(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 plan, approved plan or partly approved plan, or on a master lay-out plan approved under section 4A; and resumption to avoid such interference is taken 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; 25 of 2023 s. 44)(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). Editorial Note: * Deemed to have come into operation on 27 July 1990—see section 1(2) of 4 of 1991. 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) 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, must be exhibited by the Board for public inspection at reasonable hours for a period of 2 months. During such period the Board must advertise once a week in 2 daily Chinese language local newspapers and 1 daily English language local newspaper and must notify in each issue of the Gazette the place and hours at which such plan may be inspected (inspection information). The Board must also publish, during such period, the inspection information on the Board’s website. The Board must 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; 25 of 2004 s. 6; 25 of 2023 s. 45) 6. Representations relating to draft plans (1) Within the period of 2 months during which a draft plan is exhibited under section 5, any person may make representation to the Board in respect of the draft plan.(2) A representation referred to in subsection (1) must— (Amended 25 of 2023 s. 46)(a) indicate—(i) the particular matter in the plan to which the representation relates;(ii) the nature of and reasons for the representation; and(iii) the amendments (if any) proposed by the person to the plan; and (Amended 25 of 2023 s. 46)(b) be made in such manner as the Board requires.(3) Where a representation referred to in subsection (1)—(a) is made to the Board after the expiration of the period of 2 months referred to in subsection (1), it shall be treated as not having been made; or(b) does not comply with any of the requirements specified in or made under subsection (2), it may be treated as not having been made.(3A) If, in the opinion of the Board, any reason for the representation is a reason concerning compensation or assistance relating to, or arising from, any of the following matters—(a) the resumption, or acquisition, of any land by the Government under an enactment;(b) the clearance, or obtaining vacant possession, of any land by the Government,the representation, to the extent that it is made for that reason, may be treated by the Board as not having been made. (Added 25 of 2023 s. 46)(3B) For the purposes of subsection (3A), a reason concerning compensation or assistance relating to, or arising from, any of the matters mentioned in subsection (3A)(a) and (b) includes—(a) a reason relating to whether any compensation or assistance is to be provided, whether or not under an enactment, to a person affected by any of those matters; and(b) a reason relating to the amount, extent or form of the compensation or assistance mentioned in paragraph (a) or the time for its provision. (Added 25 of 2023 s. 46)(4) The Board must, as soon as reasonably practicable after a representation is made under subsection (1), make the representation available for public inspection at reasonable hours, and must continue to do so until the Chief Executive in Council has made a decision under section 9 in respect of the plan or the subject part of the plan. (Amended 25 of 2023 s. 46)(5)-(6) (Repealed 25 of 2023 s. 46)(7) In this section—compensation or assistance (補償或援助) means any compensation (whether monetary or non-monetary) or any financial or other assistance;subject part (標的部分), in relation to a representation made under this section, means the part or parts of the plan to which the representation relates. (Added 25 of 2023 s. 46)(Replaced 25 of 2004 s. 7) 6A. (Repealed 25 of 2023 s. 47) 6B. Consideration of representations made under section 6, etc. (Amended 25 of 2023 s. 48)(1) If a person makes a representation under section 6(1), the Board must, as soon as reasonably practicable after the period of 2 months mentioned in that section expires, hold a meeting to consider the representation. (Replaced 25 of 2023 s. 48)(2) For the purposes of subsection (1), the Board must give reasonable notice of the particulars of the meeting (including the date, time and place of the meeting) to the person who makes the representation (Person A). (Replaced 25 of 2023 s. 48)(3) Person A is entitled to attend and to be heard at the meeting. (Replaced 25 of 2023 s. 48)(4) If Person A is not a natural person, Person A may authorize a natural person to attend the meeting on Person A’s behalf. (Replaced 25 of 2023 s. 48)(4A) If—(a) Person A is a natural person; and(b) the Board is satisfied that Person A is unable to attend the meeting because of exceptional circumstances,Person A may authorize another natural person to attend the meeting on Person A’s behalf. (Added 25 of 2023 s. 48)(4B) If neither Person A nor the person authorized under subsection (4) or (4A) by Person A attends the meeting, the Board may—(a) proceed with the meeting in their absence; or(b) adjourn the meeting to a further date the Board considers appropriate. (Added 25 of 2023 s. 48)(5) Without prejudice to subsection (4B), where the Board is satisfied that there are reasonable grounds to do so, it may adjourn any meeting held or to be held under subsection (1) to such date as it considers appropriate. (Amended 25 of 2023 s. 48)(6) If there is more than one representation under section 6(1) in respect of the plan in question—(a) the Board may direct that all or some of the representations be considered at the same meeting; and(b) if the Board makes a direction under paragraph (a), the Board may consider any of the representations to which the direction relates individually or collectively. (Replaced 25 of 2023 s. 48)(7) Where—(a) any meeting is adjourned under subsection (4B) or (5); or (Amended 25 of 2023 s. 48)(b) the Board makes a direction under subsection (6),the provisions of this section also apply, with necessary modifications, to the meeting so adjourned or the meeting held in accordance with the direction, as the case may be, save to the extent that the Board otherwise directs.(8) After considering any representation under this section, the Board must decide whether or not—(a) to propose amendment to the plan in the manner proposed in the representation; or(b) to propose amendment to the plan in any other manner that, in the opinion of the Board, will meet the representation. (Replaced 25 of 2023 s. 48)(Added 25 of 2004 s. 8) 6C. Proposed amendments under section 6B(8) to be made available for public inspection (1) If the Board proposes any amendment under section 6B(8), the Board must, as soon as reasonably practicable after the amendment is proposed, make the proposed amendment available for public inspection at reasonable hours, and must continue to do so until the Chief Executive in Council has made a decision under section 9 in respect of the plan or the subject part of the plan. (Replaced 25 of 2023 s. 49)(2) For any proposed amendment that is made available for public inspection under subsection (1), the Board must—(a) cause a notice that complies with subsection (3) to be published in 2 daily Chinese language local newspapers and 1 daily English language local newspaper once a week during the first 3 weeks of the period during which the proposed amendment is so available for public inspection (first 3 weeks); and(b) cause a notice that complies with subsection (3) to be published on the Board’s website during the first 3 weeks. (Replaced 25 of 2023 s. 49)(3) A notice referred to in subsection (2)(a) or (b) must— (Amended 25 of 2023 s. 49)(a) specify the place and hours at which the proposed amendment to which the notice relates is available for public inspection under subsection (1); and(b) indicate that any further representation may be made to the Board in respect of the proposed amendment under section 6D(1) and specify the place and hours at which any further representation so made will be available for public inspection under section 6D(4). (Amended 25 of 2023 s. 49)(4) In this section—subject part (標的部分), in relation to an amendment proposed under section 6B(8), means the part or parts of the plan to which the proposed amendment relates. (Added 25 of 2023 s. 49)(Added 25 of 2004 s. 8) 6D. Further representations in respect of proposed amendments (1) If the Board proposes any amendment under section 6B(8), within the first 3 weeks of the period during which the proposed amendment is made available for public inspection under section 6C(1) (first 3 weeks), any person may make a further representation to the Board in respect of the proposed amendment. (Replaced 25 of 2023 s. 50)(2) A further representation referred to in subsection (1) must— (Amended 25 of 2023 s. 50)(a) indicate—(i) the proposed amendment to which the further representation relates;(ii) whether the further representation is made in support of, or in opposition to, the proposed amendment; and(iii) the reasons for the further representation; and (Amended 25 of 2023 s. 50)(b) be made in such manner as the Board requires.(3) If the further representation is made to the Board after the first 3 weeks expires, the further representation is to be treated as not having been made. (Replaced 25 of 2023 s. 50)(3A) If the further representation does not comply with any of the requirements specified in or made under subsection (2), the further representation may be treated as not having been made. (Added 25 of 2023 s. 50)(3B) If, in the opinion of the Board, any reason for the further representation is a reason concerning compensation or assistance relating to, or arising from, any of the following matters—(a) the resumption, or acquisition, of any land by the Government under an enactment;(b) the clearance, or obtaining vacant possession, of any land by the Government,the further representation, to the extent that it is made for that reason, may be treated by the Board as not having been made. (Added 25 of 2023 s. 50)(3C) For the purposes of subsection (3B), a reason concerning compensation or assistance relating to, or arising from, any of the matters mentioned in subsection (3B)(a) and (b) includes—(a) a reason relating to whether any compensation or assistance is to be provided, whether or not under an enactment, to a person affected by any of those matters; and(b) a reason relating to the amount, extent or form of the compensation or assistance mentioned in paragraph (a) or the time for its provision. (Added 25 of 2023 s. 50)(4) The Board must, as soon as reasonably practicable after a further representation is made under subsection (1), make the further representation available for public inspection at reasonable hours, and must continue to do so until the Chief Executive in Council has made a decision under section 9 in respect of the plan or the subject part of the plan. (Amended 25 of 2023 s. 50)(5) In this section—compensation or assistance (補償或援助) means any compensation (whether monetary or non-monetary) or any financial or other assistance;subject part (標的部分), in relation to a further representation made under this section, means the part or parts of the plan to which the further representation relates. (Added 25 of 2023 s. 50)(Added 25 of 2004 s. 8) 6E. Withdrawal of representations made under section 6 (1) This section applies if—(a) a person makes—(i) a representation under section 6(1); or(ii) a further representation under section 6D(1); and(b) the representation or further representation (as the case requires) has not yet been considered at a meeting under section 6B(1) or 6F(1) (as the case requires).(2) The person may, by written notice to the Board, withdraw the representation or further representation (as the case requires).(3) After a representation or further representation is withdrawn under subsection (2), the representation or further representation (as the case requires) is to be treated as not having been made.(Replaced 25 of 2023 s. 51) 6F. Consideration of further representations in respect of proposed amendments (1) If a person makes a further representation under section 6D(1), the Board must, as soon as reasonably practicable after the period of 3 weeks referred to in that section expires, hold a meeting to consider the further representation. (Replaced 25 of 2023 s. 52)(2)-(4) (Repealed 25 of 2023 s. 52)(5) Where the Board is satisfied that there are reasonable grounds to do so, it may adjourn any meeting held or to be held under subsection (1) to such date as it considers appropriate. (Amended 25 of 2023 s. 52)(6) If there is more than one further representation under section 6D(1) in respect of the proposed amendment in question—(a) the Board may direct that all or some of the further representations be considered at the same meeting; and(b) if the Board makes a direction under paragraph (a), the Board may consider any of the further representations to which the direction relates individually or collectively. (Replaced 25 of 2023 s. 52)(7) Where—(a) any meeting is adjourned under subsection (5); or(b) the Board makes a direction under subsection (6)(a),the provisions of this section also apply, with necessary modifications, to the meeting so adjourned or the meeting held in accordance with the direction, as the case may be, save to the extent that the Board otherwise directs. (Amended 25 of 2023 s. 52)(8) Subject to subsection (9), after considering any further representation under this section, the Board must decide—(a) whether or not to amend the plan in question; and(b) if the Board decides to amend the plan in question, whether to amend it by the proposed amendment in question or by the proposed amendment as varied in the manner the Board considers appropriate. (Replaced 25 of 2023 s. 52)(9) If, in respect of any proposed amendment proposed under section 6B(8)—(a) one or more further representations are made under section 6D(1); and(b) none of the further representations indicates under section 6D(2)(a)(ii) that it is made in opposition to the proposed amendment,the Board must decide to amend the plan in question by the proposed amendment. (Replaced 25 of 2023 s. 52)(Added 25 of 2004 s. 8) 6G. Where there is no further representation in respect of proposed amendment If, within the period of 3 weeks referred to in section 6D(1), no further representation is made in respect of the proposed amendment proposed under section 6B(8), the Board must, as soon as reasonably practicable after the period expires, amend the plan in question by the proposed amendment.(Replaced 25 of 2023 s. 53) 6H. Effect of amendments made under section 6F or 6G (1) If the Board amends a plan under section 6F or 6G—(a) the plan is to be read as including the amendment; and(b) a reference to the plan (however described) in this Ordinance or any other enactment is, unless the context otherwise requires, to be construed accordingly.(2) If, because of subsection (1), a plan is read as including an amendment, the Board—(a) must, as soon as reasonably practicable after the amendment is made, make the amendment available for public inspection at reasonable hours; and(b) must continue to do so until the Chief Executive in Council has made a decision under section 9 in respect of the plan or the part of the plan to which the amendment relates.(Replaced 25 of 2023 s. 54) 7. Amendment of draft plans by the Board (1) Without affecting sections 6, 6B, 6C, 6D, 6E, 6F, 6G and 6H, the Board may, at any time—(a) after the exhibition of a plan under section 5; and(b) before approval is given by the Chief Executive in Council under section 9 in respect of the plan or a part of the plan,make any amendment to the plan or the part (as the case requires). (Replaced 25 of 2023 s. 55)(2) Every amendment made under subsection (1) must be exhibited by the Board for public inspection at reasonable hours for a period of 2 months and during such period the Board must advertise once a week in 2 daily Chinese language local newspapers and 1 daily English language local newspaper and must notify in each issue of the Gazette the information specified in subsection (2A). (Amended 25 of 2004 s. 9; 25 of 2023 s. 55)(2A) The information is—(a) the amendment; and(b) the place and hours at which such amendment may be inspected. (Added 25 of 2023 s. 55)(2B) The Board must also publish the information specified in subsection (2A) on the Board’s website during the 2-month period referred to in subsection (2). (Added 25 of 2023 s. 55)(3) The Board must supply a copy of an amendment made under subsection (1) to any person on payment of such fee as the Board may determine. (Amended 25 of 2023 s. 55)(4) If the Board makes an amendment under subsection (1), sections 6, 6B, 6C, 6D, 6E, 6F, 6G and 6H apply, with necessary modifications, to and in relation to the amendment. (Replaced 25 of 2023 s. 55)(4A) Without affecting subsection (4), if the Board makes an amendment under subsection (1), sections 6, 6B, 6C, 6D, 6E, 6F, 6G and 6H are to so apply as if—(a) the reference to “the period of 2 months during which a draft plan is exhibited under section 5” in section 6(1) were a reference to the period of 2 months during which the amendment is exhibited under subsection (2);(b) the reference to “the draft plan” in section 6(1) were a reference to the amendment;(c) each of the references to “the plan” in section 6(2)(a) were a reference to the amendment;(d) the reference to “the part or parts of the plan to which the representation relates” in the definition of subject part in section 6(7) were a reference to the part or parts of the plan concerning any area covered by the amendment to which the representation relates;(e) the reference to “the plan in question” in section 6B(6) were a reference to the amendment;(f) each of the references to “the plan” in section 6B(8) were a reference to the part or parts of the plan concerning any area covered by the amendment to which the representation relates;(g) the references to “the plan in question” in sections 6F(8) and (9) and 6G were references to the part or parts of the plan to which section 6B(8) (as modified by this subsection) applies;(h) the reference to “a plan under section 6F or 6G” in section 6H(1) were a reference to the part or parts of the plan to which section 6B(8) (as modified by this subsection) applies;(i) the reference to “the plan” in section 6H(1)(a) were a reference to the part or parts of the plan to which section 6B(8) (as modified by this subsection) applies; and(j) the reference to “a plan” in section 6H(2) were a reference to the part or parts of the plan to which section 6B(8) (as modified by this subsection) applies. (Added 25 of 2023 s. 55)(5) For the avoidance of doubt, where sections 6, 6B, 6C, 6D, 6E, 6F, 6G and 6H have application in the manner described in subsections (4) and (4A), any reference to any of those provisions in this or any other Ordinance is, with necessary modifications, to be construed accordingly. (Added 25 of 2004 s. 9. Amended 25 of 2023 s. 55)(6) Subject as otherwise provided in this Ordinance, if the Board makes any amendment to a plan under subsection (1)—(a) the plan is to be read as including the amendment; and(b) a reference to the plan (however described) in this Ordinance or any other enactment is, unless the context otherwise requires, to be construed accordingly. (Replaced 25 of 2023 s. 55)(Added 59 of 1969 s. 5) 8. Submission of considered draft plan to Chief Executive in Council (1) Before the specified period in relation to a draft plan expires, the Board must submit the plan to the Chief Executive in Council—(a) for approval in whole; or(b) for approval of the part or parts of the plan specified by the Board.(2) Subsection (1)(b) however does not apply to a plan to which this Ordinance applies because of section 25(7) of the Urban Renewal Authority Ordinance (Cap. 563).(3) The Board must submit the plan to the Chief Executive in Council under subsection (1) together with—(a) if the submission is made under subsection (1)(a)—(i) a schedule containing every representation made under section 6(1) in respect of the plan, including every representation made under that section in respect of any amendment made under section 7 to the plan;(ii) a schedule containing every further representation made under section 6D(1) in respect of any proposed amendment to the plan; and(iii) a schedule containing every amendment made by the Board under this Ordinance to the plan; and(b) if the submission is made under subsection (1)(b)—(i) a schedule containing every representation made under section 6(1) in respect of the submitted part, including every representation made under that section in respect of any amendment made under section 7 to the submitted part;(ii) a schedule containing every further representation made under section 6D(1) in respect of any proposed amendment to the submitted part; and(iii) a schedule containing every amendment made by the Board under this Ordinance to the submitted part.(4) For submission of a plan to the Chief Executive in Council under subsection (1)(a), the specified period is, subject to subsection (6)—(a) if there is no amendment under section 7 to the plan—the period of 5 months after the period of 2 months mentioned in section 5 expires; and(b) if there is any amendment under section 7 to the plan—(i) where there is only one amendment under section 7—the period of 5 months after the period of 2 months mentioned in section 7(2) expires; and(ii) where there is more than one amendment under section 7—the period of 5 months after the period of 2 months mentioned in section 7(2) in relation to the last of those amendments expires.(5) For submission of a plan to the Chief Executive in Council under subsection (1)(b), the specified period is, subject to subsection (6)—(a) if there is no amendment under section 7 to the submitted part—the period of 5 months after the period of 2 months mentioned in section 5 expires; and(b) if there is any amendment under section 7 to the submitted part—(i) where there is only one amendment under section 7—the period of 5 months after the period of 2 months mentioned in section 7(2) expires; and(ii) where there is more than one amendment under section 7—the period of 5 months after the period of 2 months mentioned in section 7(2) in relation to the last of those amendments expires.(6) If the period of 5 months mentioned in subsection (4)(a) or (b)(i) or (ii) or (5)(a) or (b)(i) or (ii) (5-month period) is extended under subsection (7) or (8)(a) or (b), the specified period is to be the period extended under subsection (7) or (8)(a) or (b) (as the case requires) for the submission.(7) If the Secretary for Development considers it appropriate to do so in a particular case, the Secretary may extend the 5-month period for 2 months (2-month period).(8) If, in respect of a particular case, the Secretary is satisfied that exceptional circumstances exist, the Secretary may—(a) extend the 2-month period for 2 months; and(b) further extend the period extended under paragraph (a) for another 2 months.(9) In this section—specified period (指明期間)—see subsections (4), (5) and (6);submitted part (呈交部分), in relation to a plan submitted under subsection (1)(b)—(a) if the Board specifies only one part of the plan for the Chief Executive in Council’s approval—means the specified part; and(b) if the Board specifies more than one part of the plan for the Chief Executive in Council’s approval—means all those parts of the plan that are specified by the Board.(Replaced 25 of 2023 s. 56) 9. Powers of Chief Executive in Council on submission of draft plans (1) On submission of a plan under section 8(1)(a) for approval, the Chief Executive in Council may—(a) approve the plan;(b) refuse to approve the plan; or(c) refer the plan to the Board for consideration and amendment.(2) On submission of a plan under section 8(1)(b) for approval of the submitted part, the Chief Executive in Council may—(a) approve the submitted part;(b) refuse to approve the submitted part; or(c) refer the plan to the Board for consideration and amendment of the submitted part.(3) The Chief Executive in Council may approve a plan under subsection (1)(a), or the submitted part of a plan under subsection (2)(a), even though a requirement of this Ordinance that is applicable to the plan, or to the submitted part, has not been complied with.(4) In this section—submitted part (呈交部分) has the meaning given by section 8(9).(Replaced 25 of 2023 s. 56) 9A. Amendment of draft plan or submitted part because of section 9(1)(c) or (2)(c) (1) This section applies if a plan is referred to the Board under section 9(1)(c) or (2)(c).(2) For a referral under section 9(1)(c), the Board may make amendment under section 7 to any part of the plan.(3) For a referral under section 9(2)(c), the Board may make amendment under section 7 to the specified part of the plan.(4) Subject to subsection (5), section 7 applies, with necessary modifications, for the purposes of this section.(5) Section 7(1) is to be construed as if the words “Without affecting sections 6, 6B, 6C, 6D, 6E, 6F, 6G and 6H,” were omitted.(6) If any amendment is made by the Board under section 7 (as applied by this section), subject to subsection (7), sections 8 and 9 apply, with necessary modifications, to the plan or the part or parts of the plan for which approval of the Chief Executive in Council is sought.(7) In applying section 8(3), the Board must submit the plan together with—(a) for a submission made under section 8(1)(a)—(i) a schedule containing every amendment made under section 7 (as applied by this section) (Section 7) to the plan;(ii) a schedule containing every representation made under section 6(1) (as applied by Section 7) in respect of the amendment;(iii) a schedule containing every further representation made under section 6D(1) (as applied by Section 7) in respect of any proposed amendment to the plan; and(iv) a schedule containing every other amendment made by the Board under this Ordinance to the plan; and(b) for a submission made under section 8(1)(b)—(i) a schedule containing every amendment made under Section 7 to the submitted part;(ii) a schedule containing every representation made under section 6(1) (as applied by Section 7) in respect of the amendment;(iii) a schedule containing every further representation made under section 6D(1) (as applied by Section 7) in respect of any proposed amendment to the submitted part; and(iv) a schedule containing every other amendment made by the Board under this Ordinance to the submitted part.(8) In this section—specified part (指明部分)—(a) in relation to a plan referred to the Board under section 9(2)(c) for consideration and amendment to a particular part of the plan—means the particular part; and(b) in relation to a plan referred to the Board under section 9(2)(c) for consideration and amendment to more than one part of the plan—means all those parts;submitted part (呈交部分) has the meaning given by section 8(9).(Added 25 of 2023 s. 57) 9B. Submission for approval of outstanding part of plan etc. (1) Subsections (2) and (3) apply if a draft plan (subject plan) becomes a partly approved plan.(2) Sections 7, 8, 9 and 9A apply, with necessary modifications, to the outstanding part of the subject plan as if the outstanding part itself were a draft plan.(3) Without affecting subsection (2), section 7(1) is to apply as if—(a) the words “Without affecting sections 6, 6B, 6C, 6D, 6E, 6F, 6G and 6H,” in section 7(1) were omitted;(b) the reference to “exhibition of a plan” in section 7(1)(a) were a reference to the exhibition of the subject plan;(c) the reference to “the plan or a part of the plan” in section 7(1)(b) were a reference to the outstanding part, or a part of the outstanding part (specified part), of the subject plan; and(d) the reference to “the plan or the part” in section 7(1) were a reference to the outstanding part, or the specified part, of the subject plan.(4) If, but for this section, section 9A would have applied in relation to an amendment to a plan, section 9A continues to apply to the amendment as if this section had not been enacted.(Added 25 of 2023 s. 57) 9C. Correction of errors in approved plans and approved parts of partly approved plans The Chief Executive in Council may, by notification in the Gazette, correct any omission for or error in—(a) an approved plan; or(b) an approved part of a partly approved plan.(Added 25 of 2023 s. 57) 9D. Exhibition of approved plans and partly approved plans and provision of copies of plans (1) This section applies if a plan or a part of a plan is approved under section 9.(2) As soon as reasonably practicable after approval is given to a plan or a part of a plan under section 9, the Board—(a) must cause the plan so approved or the plan with the part so approved to be printed and exhibited for public inspection at a place the Board considers appropriate; and(b) must notify in the Gazette the fact that the approval is given and that the plan is so exhibited.(3) On payment by a person of the fee the Board determines, the Board must provide a copy of the approved plan or partly approved plan to the person.(Added 25 of 2023 s. 57) 10. Refusal to approve plans or part of plans under section 9 (1) This section applies if the Chief Executive in Council refuses to approve a plan or a part of a plan under section 9.(2) The Board must notify the refusal in the Gazette.(3) The refusal does not prevent the preparation of a new draft plan and its submission under this Ordinance.(Replaced 25 of 2023 s. 58) 11. Copies of approved plans and partly approved plans to be deposited in Land Registry etc.

(1) After a plan or a part of a plan is approved under section 9, the Chairman of the Board is to cause a copy of the approved plan or partly approved plan, that is certified by the Chairman, to be deposited in the Land Registry.(2) Every copy deposited under subsection (1) is to be made available by the Land Registrar for public inspection free of charge.(3) After a copy of the plan is deposited in the Land Registry (fact), the Land Registrar must cause a notice, in both the English language and the Chinese language, to be displayed in a prominent place in the Land Registry informing members of the public of the fact.(Replaced 25 of 2023 s. 58) 12. Revocation, replacement and amendment of approved plans (1) The Chief Executive in Council may revoke in whole or in part—(a) an approved plan; or(b) an approval given under section 9 to a part of a partly approved plan. (Replaced 25 of 2023 s. 59)(1A) The Secretary for Development may—(a) refer an approved plan to the Board for—(i) replacement by a new plan; or(ii) amendment; or(b) refer a partly approved plan to the Board for amendment of an approved part (referred part). (Added 25 of 2023 s. 59)(2) Notification of any revocation or reference under subsection (1) or (1A) must be published in the Gazette and noted by the Land Registrar on the copy of the plan deposited under section 11.(3) Upon any reference under subsection (1A), a new plan in replacement of the plan referred or a plan showing any amendment to the plan referred or to the referred part, as the case requires, must be prepared, exhibited, considered, submitted, approved and deposited in accordance with the foregoing provisions of this Ordinance in like manner as the plan the new plan replaces or the amendment amends, as the case requires, and to this intent where the reference is under subsection (1A)(a)(ii) or (b)— (Amended 25 of 2004 s. 11; 25 of 2023 s. 59)(a) subject to paragraph (b), sections 3, 4, 4A, 5, 6, 6B, 6C, 6D, 6E, 6F, 6G, 6H, 7, 8, 9, 9A, 9B, 9C, 9D, 10 and 11 (specified provisions) are to apply, with necessary modifications, to and in relation to the plan showing the amendment as they apply to and in relation to a plan otherwise required to be prepared under section 3(1); and(b) the specified provisions are to so apply as if—(i) the reference to “the draft plan” in section 6(1) were a reference to the amendment;(ii) each of the references to “the plan” in section 6(2)(a) were a reference to the amendment;(iii) the reference to “the part or parts of the plan to which the representation relates” in the definition of subject part in section 6(7) were a reference to the part or parts of the plan concerning any area covered by the amendment to which the representation relates;(iv) the reference to “the plan in question” in section 6B(6) were a reference to the amendment;(v) each of the references to “the plan” in section 6B(8) were a reference to the part or parts of the plan concerning any area covered by the amendment to which the representation relates;(vi) the references to “the plan in question” in sections 6F(8) and (9) and 6G were references to the part or parts of the plan to which section 6B(8) (as modified by this subsection) applies;(vii) the reference to “a plan under section 6F or 6G” in section 6H(1) were a reference to the part or parts of the plan to which section 6B(8) (as modified by this subsection) applies;(viii) the reference to “the plan” in section 6H(1)(a) were a reference to the part or parts of the plan to which section 6B(8) (as modified by this subsection) applies; and(ix) the reference to “a plan” in section 6H(2) were a reference to the part or parts of the plan to which section 6B(8) (as modified by this subsection) applies. (Replaced 25 of 2023 s. 59)(3A) For the avoidance of doubt, where the specified provisions have application in the manner described in subsection (3), any reference to any of those provisions in this or any other Ordinance is, with necessary modifications, to be construed accordingly. (Added 25 of 2004 s. 11)(3B) If a plan has been referred to the Board under subsection (1A) (referred plan) for amendment, and consequent on the referral, a part of the plan prepared under subsection (3) (first subsection (3) plan) because of the referral is refused under section 9 (as applied by this section), the part of the referred plan that is covered by the part so refused forms part of the first subsection (3) plan and is taken to be an approved part of the first subsection (3) plan (specified approved part). (Added 25 of 2023 s. 59)(3C) A plan showing amendment to a specified approved part (subsequent plan) must be prepared under subsection (3) (as modified by subsection (3D)). (Added 25 of 2023 s. 59. Amended E.R. 4 of 2023)(3D) For the purposes of subsection (3C)—(a) a reference to “a plan showing any amendment to the plan referred or to the referred part, as the case requires,” in subsection (3) includes a subsequent plan; and(b) the provisions of subsections (3) and (3A) are to be construed accordingly. (Added 25 of 2023 s. 59)(3E) For the purposes of subsection (3C), if a part of a subsequent plan is refused under section 9 (as applied by this section), the part of the first subsection (3) plan that is covered by the part so refused forms part of the subsequent plan and is taken to be an approved part of the subsequent plan. (Added 25 of 2023 s. 59)(3F) To avoid doubt, a plan any part of which is taken to be an approved part under subsection (3B) or (3E) is not required to be referred to the Board under subsection (1A) for amendment of that part. (Added 25 of 2023 s. 59)(3G) If—(a) an approved plan (original plan) or an approved part of a partly approved plan (original part of the original plan) is referred to the Board under this section for amendment; and(b) a part of the plan prepared under subsection (3) because of the referral is approved under section 9 (as applied by this section) (latest approved part),the original plan or the original part of the original plan, as the case requires, is to be read with the latest approved part. (Added 25 of 2023 s. 59)(3H) If, in relation to a first subsection (3) plan, a subsequent plan is prepared under subsection (3) and a part of the subsequent plan is approved under section 9 (as applied by this section) (subsequent approved part), the original plan or the original part of the original plan (as the case requires) is to be read with the subsequent approved part. (Added 25 of 2023 s. 59)(4) A plan referred to the Board is to be replaced by the new plan or the plan showing the amendment as approved under section 9, as the case requires. The Land Registrar must endorse accordingly the copy of the plan deposited under section 11 which has been replaced or amended.(5) Any draft plan showing the amendment as prepared under sections 3 and 4 is taken 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. Amended 8 of 1993 s. 3; 25 of 2004 s. 11; 25 of 2023 s. 59) 12A. Amendment of plans on application to the Board (1) Subject to subsection (2), an eligible person may apply to the Board for consideration of any proposal in relation to—(a) any part of an approved plan that is an original approved plan; or(b) any approved part of a partly approved plan that is an original approved plan. (Replaced 25 of 2023 s. 60)(2) Where at the time when an application is made under subsection (1)—(a) the original approved plan to which the application relates is a referred approved plan; and(b) there is a relevant draft plan in relation to the original approved plan,no proposal under the application shall relate to any matter relevant to any area covered by any amendment introduced to the original approved plan by the relevant draft plan.(3) An application made under subsection (1) shall—(a) set out—(i) whether the applicant considers he has within a reasonable period before the application is made—(A) obtained the consent in writing of each person (other than himself) who is a current land owner in respect of the application, or notified such person in writing of the application; or(B) taken such reasonable steps as the Board requires in order to obtain the consent of such person in respect of the application, or to give notification to such person in respect of the application; and(ii) particulars of such consent or notification or such steps, as the case may be;(b) subject to paragraph (a), be in such form and include such particulars as the Board requires; and(c) be accompanied by the prescribed fee (if any).(4) Where an application is made under subsection (1), the Board may require the applicant to verify any matter or particulars set out or included in the application, whether by statutory declaration or otherwise.(5) Notwithstanding subsection (16), the Board may refuse to consider an application made under subsection (1) where—(a) the application does not comply with any of the requirements specified in or made under subsection (3); or(b) the Board is not satisfied that the applicant has within a reasonable period before the application is made—(i) obtained the consent in writing of each person (other than the applicant) who is a current land owner in respect of the application, or notified such person in writing of the application; or(ii) taken such reasonable steps as the Board requires in order to obtain the consent of such person in respect of the application, or to give notification to such person in respect of the application.(6)-(12) (Repealed 25 of 2023 s. 60)(13) Where—(a) at any time during the specified period, any further information is given to the Board by the applicant to supplement the information included in the application; and (Amended 25 of 2023 s. 60)(b) inclusion of the further information in the application does not, in the opinion of the Board, result in a material change of the nature of the application,the Board may accept the further information for the purposes of the application.(13A) The Board must not accept any further information given by the applicant to the Board for the purposes of the application if the further information is given at a time not falling within a specified period. (Added 25 of 2023 s. 60)(14) Where the Board accepts any further information for the purposes of an application under subsection (13)—(a) subject to paragraph (c), the further information is to be regarded as having been included in the application; and (Amended 25 of 2023 s. 60)(b) (Repealed 25 of 2023 s. 60)(c) subject to any exemption under subsection (15)—(i) (Repealed 25 of 2023 s. 60)(ii) for the purposes of subsection (16), the application is to be regarded as received when the further information is received. (Amended 25 of 2023 s. 60)(15) Where the Board is satisfied that there are reasonable grounds to do so, it may exempt any further information accepted by it for the purposes of an application under subsection (13) from subsection (14)(c).(16) The Board must within 2 months after the receipt of an application made under subsection (1) hold a meeting to consider the application. (Amended 25 of 2023 s. 60)(17) The Board shall, in respect of any meeting to be held to consider an application under subsection (16), give reasonable notice of particulars of the meeting (including the date, time and place of the meeting) to the applicant.(18) At a meeting held to consider an application under subsection (16), the applicant is entitled to attend and to be heard, either in person or by an authorized representative.(19) If, at a meeting held to consider an application under subsection (16), the applicant fails to attend, either in person or by an authorized representative, the Board may—(a) proceed with the meeting in his absence; or(b) adjourn the meeting to such date as it considers appropriate.(20) Without prejudice to subsection (19), where the Board is satisfied that there are reasonable grounds to do so, it may adjourn any meeting held or to be held under subsection (16) to such date as it considers appropriate.(21) Where any meeting is adjourned under subsection (19) or (20), the provisions of this section also apply, with necessary modifications, to the meeting so adjourned, save to the extent that the Board otherwise directs.(22) (Repealed 25 of 2023 s. 60)(23) Upon consideration of an application at a meeting under subsection (16), the Board may—(a) accept, in whole or in part, the application; or(b) refuse the application.(24) Where the Board accepts, in whole or in part, an application under subsection (23)(a), the Board must— (Amended 25 of 2023 s. 60)(a) subject to paragraphs (b) and (c), request the Secretary for Development to refer the original approved plan to the Board for amendment under section 12(1A)(a)(ii) or (b);(b) where, at the time when the Board so accepts the application, the original approved plan has been referred to the Board for amendment under the old section 12(1)(b)(ii) or section 12(1A)(a)(ii) or (b) but there is no relevant draft plan in relation to the original approved plan— (Amended 25 of 2023 s. 60)(i) prepare the draft plan showing the amendment to the original approved plan under sections 3 and 4 with reference to the application as so accepted; (ii) make the amendment to the relevant draft plan, when it is available, under section 7 with reference to the application as so accepted; or(iii) request the Secretary to refer the relevant approved plan, when it is available, to the Board for amendment under section 12(1A)(a)(ii) or (b); or(c) where, at the time when the Board so accepts the application, the original approved plan has been referred to the Board for amendment under the old section 12(1)(b)(ii) or section 12(1A)(a)(ii) or (b) and there is a relevant draft plan in relation to the original approved plan— (Amended 25 of 2023 s. 60)(i) make the amendment to the relevant draft plan under section 7 with reference to the application as so accepted; or(ii) request the Secretary to refer the relevant approved plan, when it is available, to the Board for amendment under section 12(1A)(a)(ii) or (b). (Amended 25 of 2023 s. 60)(24A) The Board may, by notice published in the Gazette, specify one or more than one period during which an applicant may give further information to the Board to supplement the information included in the application. (Added 25 of 2023 s. 60)(24B) A notice published under subsection (24A) is not subsidiary legislation. (Added 25 of 2023 s. 60)(25) In this section—current land owner (現行土地擁有人), in relation to an application made under subsection (1), means any person whose name is registered in the Land Registry as that of an owner of the land to which the application relates, as at the commencement of such period before the application is made as is specified by the Board by notice published in the Gazette;eligible person (合資格人士), in relation to an application made under subsection (1) for consideration of any proposal relating to any part of an original approved plan (specified part), means—(a) a person whose name is registered in the Land Registry as that of an owner of any non-Government land covered by the specified part;(b) a person who has obtained written consent from a person mentioned in paragraph (a);(c) a person who has obtained written consent of the Director of Lands in relation to any Government land covered by the specified part;(d) a public officer; or(e) a public body as defined by section 2 of the Prevention of Bribery Ordinance (Cap. 201); (Added 25 of 2023 s. 60)Government land (政府土地) means—(a) any unleased land as defined by section 2 of the Land (Miscellaneous Provisions) Ordinance (Cap. 28); or(b) any land that is the subject of a short term tenancy (as defined by section 3(1) of the New Territories Leases (Extension) Ordinance (Cap. 150)) granted by or on behalf of the Government; (Added 25 of 2023 s. 60)non-Government land (非政府土地) means any land other than Government land; (Added 25 of 2023 s. 60)old section 12(1)(b)(ii) (原有第12(1)(b)(ii)條) means section 12(1)(b)(ii) as in force before 1 September 2023; (Added 25 of 2023 s. 60) original approved plan (原核准圖) means a plan which at the time when the application in question is made is— (a) an approved plan or partly approved plan; or (Replaced 25 of 2023 s. 60) (b) a referred approved plan; referred approved plan (被發還核准圖) means any plan referred to the Board for amendment under the old section 12(1)(b)(ii) or section 12(1A)(a)(ii) or (b), except where a draft plan has further to the reference been approved (whether in whole or in part) under section 9; (Amended 25 of 2023 s. 60)relevant approved plan (有關核准圖), in relation to an original approved plan within the description of subsection (24)(b) or (c), means the plan which has further to the reference of the original approved plan to the Board for amendment under the old section 12(1)(b)(ii) or section 12(1A)(a)(ii) or (b) been approved (whether in whole or in part) by the Chief Executive in Council under section 9; (Amended 25 of 2023 s. 60)relevant draft plan (有關草圖), in relation to an original approved plan within the description of subsection (2)(a) or (24)(b) or (c), means the draft plan which has further to the reference of the original approved plan to the Board for amendment under the old section 12(1)(b)(ii) or section 12(1A)(a)(ii) or (b) been exhibited under section 5; (Amended 25 of 2023 s. 60)specified period (指明期間), in relation to an application made under subsection (1), means a period specified by the Board under subsection (24A) in respect of the application. (Added 25 of 2023 s. 60)(Added 25 of 2004 s. 12) 13. Approved plans and approved parts of partly approved plans to serve as standards (Amended 25 of 2023 s. 61)Approved plans and approved parts of partly approved plans must 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; 25 of 2023 s. 61) 13A. Works etc. authorized under Roads (Works, Use and Compensation) Ordinance and scheme authorized under Railways Ordinance 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) 14. Power to make regulations (1) The Chief Executive in Council may make regulations— (Amended 62 of 2000 s. 3; 25 of 2004 s. 13)(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), and matters relating to the issue and registration of notices associated with the taking possession, removal, detention or disposal of such property; (Amended 25 of 2004 s. 13)(b) to facilitate the work of the Board; and(c) for the better carrying into effect of the provisions and purposes of this Ordinance.(2) The Secretary for Development may by regulation prescribe fees for the purposes of sections 12A(3)(c), 16(2)(c) and 16A(3)(b). (Added 25 of 2004 s. 13. Amended L.N. 130 of 2007)(3) Any fees prescribed under subsection (2) for the purposes of section 12A(3)(c), 16(2)(c) or 16A(3)(b)—(a) may be fixed at levels sufficient to effect the recovery of expenditure incurred, or likely to be incurred, whether by the Board or by the Government, in relation generally to the processing of applications made under section 12A(1), 16(1) or 16A(2), as the case may be; and(b) shall not be limited by reference to the amount of administrative or other costs incurred, or likely to be incurred, in relation to the processing of any particular application to which such fees relate. (Added 25 of 2004 s. 13)(4) Any regulation made under subsection (2) may—(a) provide that the amount of any fees may be fixed by reference to a scale prescribed in the regulation; and(b) provide for the payment of different fees by or in relation to persons or cases of different classes or descriptions. (Added 25 of 2004 s. 13)(5) The Secretary for Financial Services and the Treasury, and any public officer authorized by the Secretary in that behalf, may in any particular case waive or reduce any fees prescribed under subsection (2) as the Secretary or the public officer, as the case may be, thinks fit. (Added 25 of 2004 s. 13)(6) No fees prescribed under subsection (2) shall be payable by any Government department which does not operate under a trading fund within the meaning of the Trading Funds Ordinance (Cap. 430), and for the purposes of subsection (3)(a), any expenditure incurred, or likely to be incurred, whether by the Board or by the Government, in relation to the processing of any application made by any such Government department under section 12A(1), 16(1) or 16A(2), as the case may be, shall be disregarded. (Added 25 of 2004 s. 13)(Replaced 22 of 1994 s. 3) 15. Expenses of the Board 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 shall be met from moneys voted by the Legislative Council.(Amended 62 of 2000 s. 3; 25 of 2004 s. 14) 16. Applications for permission in respect of plans (1) Where a draft plan, partly approved 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 must be made to the Board. (Amended 25 of 2023 s. 62)(2) Any such application shall be addressed in writing to the secretary to the Board and shall— (Amended 25 of 2004 s. 15)(a) set out—(i) whether the applicant considers he has within a reasonable period before the application is made—(A) obtained the consent in writing of each person (other than himself) who is a current land owner in respect of the application, or notified such person in writing of the application; or(B) taken such reasonable steps as the Board requires in order to obtain the consent of such person in respect of the application, or to give notification to such person in respect of the application; and(ii) particulars of such consent or notification or such steps, as the case may be;(b) subject to paragraph (a), be in such form and include such particulars as the Board requires; and(c) be accompanied by the prescribed fee (if any). (Amended 25 of 2004 s. 15)(2A) Where an application is made under subsection (1), the Board may require the applicant to verify any matter or particulars set out or included in the application, whether by statutory declaration or otherwise. (Added 25 of 2004 s. 15)(2B) Notwithstanding subsection (3), the Board may refuse to consider an application made under subsection (1) where—(a) the application does not comply with any of the requirements specified in or made under subsection (2); or(b) the Board is not satisfied that the applicant has within a reasonable period before the application is made—(i) obtained the consent in writing of each person (other than the applicant) who is a current land owner in respect of the application, or notified such person in writing of the application; or(ii) taken such reasonable steps as the Board requires in order to obtain the consent of such person in respect of the application, or to give notification to such person in respect of the application. (Added 25 of 2004 s. 15)(2C) The Board shall, as soon as reasonably practicable after any application is made to it under subsection (1), make the application available for public inspection at reasonable hours, and shall continue to do so until the application has been considered at a meeting under subsection (3). (Added 25 of 2004 s. 15)(2D) In respect of any application referred to in subsection (2C), the Board—(a) must cause a notice that complies with subsection (2E) to be posted in a prominent position on or near the land to which the application relates, or on any premises or structure on the land, at the beginning of the period during which the application is available for public inspection under subsection (2C); or (Added 25 of 2004 s. 15. Amended 25 of 2023 s. 62)(b) must—(i) cause a notice that complies with subsection (2E) to be published in 2 daily Chinese language local newspapers and 1 daily English language local newspaper once a week during the first 3 weeks of the period referred to in paragraph (a) (first 3 weeks); and(ii) cause a notice that complies with subsection (2E) to be published on the Board’s website during the first 3 weeks. (Replaced 25 of 2023 s. 62)(2E) A notice referred to in subsection (2D)(a) or (b)(i) or (ii) must— (Amended 25 of 2023 s. 62)(a) specify the place and hours at which the application to which the notice relates is available for public inspection under subsection (2C); and(b) indicate that comments may be made to the Board in respect of the application under subsection (2F) and specify the place and hours at which any comments so made will be available for public inspection under subsection (2I). (Added 25 of 2004 s. 15)(2F) Within the first 3 weeks of the period during which any application is available for public inspection under subsection (2C), any person may make comment to the Board in respect of the application. (Added 25 of 2004 s. 15)(2G) Any comment referred to in subsection (2F) shall be made in such manner as the Board requires. (Added 25 of 2004 s. 15)(2H) Where any comment referred to in subsection (2F)—(a) is made to the Board after the expiration of the period of 3 weeks referred to in subsection (2F), it shall be treated as not having been made; or(b) does not comply with any of the requirements made under subsection (2G), it may be treated as not having been made. (Added 25 of 2004 s. 15)(2I) The Board shall, as soon as reasonably practicable after the expiration of the period of 3 weeks referred to in subsection (2F), make all comments made to it under that subsection available for public inspection at reasonable hours, and shall continue to do so until the application in question has been considered at a meeting under subsection (3). (Added 25 of 2004 s. 15)(2J) Where—(a) at any time during the specified period, any further information is given to the Board by the applicant to supplement the information included in the application; and (Amended 25 of 2023 s. 62)(b) inclusion of the further information in the application does not, in the opinion of the Board, result in a material change of the nature of the application,the Board may accept the further information for the purposes of the application. (Added 25 of 2004 s. 15)(2JA) The Board must not accept any further information given by the applicant to the Board for the purposes of the application if the further information is given at a time not falling within a specified period. (Added 25 of 2023 s. 62)(2K) Where the Board accepts any further information for the purposes of an application under subsection (2J)—(a) subject to paragraphs (b) and (c), the further information shall be regarded as having been included in the application;(b) subsection (2C) shall further apply, with necessary modifications, to and in relation to the further information as it applies to and in relation to the application; and (c) subject to any exemption under subsection (2L)—(i) subsections (2D), (2E), (2F), (2G), (2H) and (2I) shall further apply, with necessary modifications, to and in relation to the further information as they apply to and in relation to the application; and(ii) for the purposes of subsection (3), the application shall be regarded as received when the further information is received. (Added 25 of 2004 s. 15)(2L) Where the Board is satisfied that there are reasonable grounds to do so, it may exempt any further information accepted by it for the purposes of an application under subsection (2J) from subsection (2K)(c). (Added 25 of 2004 s. 15)(3) The Board shall within 2 months of the receipt of the application, consider the same at a meeting and, subject to subsection (4), may grant or refuse to grant the permission applied for. (Amended 25 of 2004 s. 15)(3A) In considering an application at a meeting under subsection (3), the Board shall also take into account any comment made in respect of the application under subsection (2F). (Added 25 of 2004 s. 15)(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 under a permission granted by the Board under this section is not a contravention of— (Amended 2 of 1988 s. 6; 25 of 2004 s. 15; 25 of 2023 s. 62)(a) any approved plan or partly approved plan under this Ordinance; or(b) any draft plan prepared under this Ordinance. (Amended 25 of 2023 s. 62)(7A) The Board may, by notice published in the Gazette, specify one or more than one period during which an applicant may give further information to the Board to supplement the information included in the application. (Added 25 of 2023 s. 62)(7B) A notice published under subsection (7A) is not subsidiary legislation. (Added 25 of 2023 s. 62)(8) In this section, current land owner (現行土地擁有人), in relation to an application made under subsection (1), means any person whose name is registered in the Land Registry as that of an owner of the land to which the application relates, as at the commencement of such period before the application is made as is specified by the Board by notice published in the Gazette. (Added 25 of 2004 s. 15)(9) In this section—specified period (指明期間), in relation to an application made under subsection (1), means a period specified by the Board under subsection (7A) in respect of the application. (Added 25 of 2023 s. 62)(Added 59 of 1974 s. 3) Editorial Note: * Commencement date: 15 August 1974. 16A. Amendments to permissions in respect of plans (1) Where any permission is granted under section 16, the permission may, apart from being read as it is, be read as having effect subject to any amendments which are Class A amendments.(2) Where any permission is granted under section 16, the person to whom the permission is granted may apply to the Board for acceptance of any amendments which are Class B amendments in relation to the permission for the purposes of this section.(3) An application made under subsection (2) shall—(a) be in such form and include such particulars as the Board requires; and(b) be accompanied by the prescribed fee (if any).(4) Notwithstanding subsection (5), the Board may refuse to consider an application made under subsection (2) where the application does not comply with any of the requirements specified in or made under subsection (3).(5) The Board shall within 2 months after the receipt of an application made under subsection (2) consider the application and may accept or refuse the application.(6) An application may be accepted under subsection (5) subject to such conditions as the Board requires.(7) Where the Board has under subsection (5) accepted any application or applications in respect of any permission granted under section 16, the permission may, apart from being read as it is, be read as having effect subject to the amendments which are the subject of—(a) where only one such application has been accepted, the application; or(b) where two or more such applications have been accepted, any one of the applications.(8) The Board shall notify the applicant in writing of its decision under subsection (5), and where it refused the application shall also notify the applicant of his right to a review under section 17.(9) Notwithstanding anything in this section, in construing any reference in this section to a permission granted under section 16 (however described), any amendments taking effect in relation to the permission under this section shall be disregarded.(10) The Board may by notice published in the Gazette—(a) specify any class or description of relevant amendments for the purposes of the definition of Class A amendments in subsection (12); and(b) specify any class or description of relevant amendments for the purposes of the definition of Class B amendments in subsection (12).(11) A notice published under subsection (10) is not subsidiary legislation.(12) In this section—Class A amendments (A類修訂) means relevant amendments of a class or description specified by the Board under subsection (10)(a);Class B amendments (B類修訂) means relevant amendments of a class or description specified by the Board under subsection (10)(b);relevant amendments (有關修訂) means amendments to any permission granted under section 16.(Added 25 of 2004 s. 16) 17. Right of review (1) Subject to subsection (1A), if an applicant is aggrieved by a decision of the Board under section 16 or 16A, the applicant may, within 21 days of being notified of the decision of the Board, apply to the secretary to the Board for a review of the Board’s decision. (Amended 101 of 1991 s. 3; 25 of 2004 s. 17; 25 of 2023 s. 63)(1A) The application—(a) must be in writing; and(b) must set out the grounds for the review. (Added 25 of 2023 s. 63)(1B) The Board must refuse an application if the application does not set out any grounds for the review. (Added 25 of 2023 s. 63)(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.(2A) The Board shall, as soon as reasonably practicable after any application is made to it under subsection (1) for a review of its decision under section 16, make the application available for public inspection at reasonable hours, and shall continue to do so until the decision in question has been reviewed under this section. (Added 25 of 2004 s. 17)(2B) In respect of any application referred to in subsection (2A), the Board—(a) must cause a notice that complies with subsection (2C) to be posted in a prominent position on or near the land to which the application relates, or on any premises or structure on the land, at the beginning of the period during which the application is available for public inspection under subsection (2A); or (Added 25 of 2004 s. 17. Amended 25 of 2023 s. 63)(b) must—(i) cause a notice that complies with subsection (2C) to be published in 2 daily Chinese language local newspapers and 1 daily English language local newspaper once a week during the first 3 weeks of the period referred to in paragraph (a) (first 3 weeks); and(ii) cause a notice that complies with subsection (2C) to be published on the Board’s website during the first 3 weeks. (Replaced 25 of 2023 s. 63)(2C) A notice referred to in subsection (2B)(a) or (b)(i) or (ii) must— (Amended 25 of 2023 s. 63)(a) specify the place and hours at which the application to which the notice relates is available for public inspection under subsection (2A); and(b) indicate that comments may be made to the Board in respect of the application under subsection (2D) and specify the place and hours at which any comments so made will be available for public inspection under subsection (2G). (Added 25 of 2004 s. 17)(2D) Within the first 3 weeks of the period during which any application is available for public inspection under subsection (2A), any person may make comment to the Board in respect of the application. (Added 25 of 2004 s. 17)(2E) Any comment referred to in subsection (2D) shall be made in such manner as the Board requires. (Added 25 of 2004 s. 17)(2F) Where any comment referred to in subsection (2D)—(a) is made to the Board after the expiration of the period of 3 weeks referred to in subsection (2D), it shall be treated as not having been made; or(b) does not comply with any of the requirements made under subsection (2E), it may be treated as not having been made. (Added 25 of 2004 s. 17)(2G) The Board shall, as soon as reasonably practicable after the expiration of the period of 3 weeks referred to in subsection (2D), make all comments made to it under that subsection available for public inspection at reasonable hours, and shall continue to do so until the decision in question has been reviewed under this section. (Added 25 of 2004 s. 17)(2H) Where—(a) at any time during the specified period, any further information is given to the Board by the applicant to supplement the information included in the application; and (Amended 25 of 2023 s. 63)(b) inclusion of the further information in the application does not, in the opinion of the Board, result in a material change of the nature of the application,the Board may accept the further information for the purposes of the application. (Added 25 of 2004 s. 17)(2HA) The Board must not accept any further information given by the applicant to the Board for the purposes of the application if the further information is given at a time not falling within a specified period. (Added 25 of 2023 s. 63)(2I) Where the Board accepts any further information for the purposes of an application under subsection (2H)—(a) subject to paragraphs (b) and (c), the further information shall be regarded as having been included in the application;(b) where the application is an application for a review of the Board’s decision under section 16, subsection (2A) shall further apply, with necessary modifications, to and in relation to the further information as it applies to and in relation to the application; and(c) subject to any exemption under subsection (2J)—(i) where the application is an application for a review of the Board’s decision under section 16, subsections (2B), (2C), (2D), (2E), (2F) and (2G) shall further apply, with necessary modifications, to and in relation to the further information as they apply to and in relation to the application; and(ii) for the purposes of subsection (2)—(A) the application shall be regarded as received when the further information is received; and(B) anything done under subsection (2) before receipt of the further information shall have effect subject to anything done under that subsection upon application of this subsection. (Added 25 of 2004 s. 17)(2J) Where the Board is satisfied that there are reasonable grounds to do so, it may exempt any further information accepted by it for the purposes of an application under subsection (2H) from subsection (2I)(c). (Added 25 of 2004 s. 17)(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.(4A) Without prejudice to subsection (4), where the Board is satisfied that there are reasonable grounds to do so, it may adjourn the review to such date as it considers appropriate. (Added 25 of 2004 s. 17)(4B) Where any review is adjourned under subsection (4) or (4A), the provisions of this section also apply, with necessary modifications, to the review so adjourned, save to the extent that the Board otherwise directs. (Added 25 of 2004 s. 17)(5) On a review under this section the Board shall take into account any written representation submitted by the applicant and, in the case of an application for a review of its decision under section 16, any comment made in respect of the application under subsection (2D). (Amended 25 of 2004 s. 17)(6) On a review under this section, the Board may confirm or reverse the decision in question, or substitute for the decision in question any decision it could have made under section 16 or 16A, as the case may be. (Amended 25 of 2004 s. 17)(7) (Repealed 101 of 1991 s. 3)(8) The Board may, by notice published in the Gazette, specify one or more than one period during which an applicant may give further information to the Board to supplement the information included in the application. (Added 25 of 2023 s. 63)(9) A notice published under subsection (8) is not subsidiary legislation. (Added 25 of 2023 s. 63)(10) In this section—specified period (指明期間), in relation to an application made under subsection (1), means a period specified by the Board under subsection (8) in respect of the application. (Added 25 of 2023 s. 63)(Added 59 of 1974 s. 3) 17A. Constitution of Appeal Board (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 (公職人員) 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) 17B. Appeals (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) 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 at level 5.(Added 101 of 1991 s. 4. Amended E.R. 1 of 2021) 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— (Amended E.R. 1 of 2021)(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) Editorial Note: * Commencement date: 15 August 1974. 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)(Cross-heading repealed 25 of 2023 s. 69) 20. Development permission area plans (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).(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), a person must not undertake or continue development on that land unless— (Amended 25 of 2023 s. 70)(a) the development was an existing use in relation to the plan prepared under this section;(b) the development on that land is permitted under a plan—(i) that is prepared under section 3(1)(a) (whether or not the plan is approved in whole or in part under section 9); and(ii) that is the latest plan in relation to the land; or (Replaced 25 of 2023 s. 70)(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 $500,000 and, in the case of a second or subsequent conviction, to a fine of $1,000,000. (Replaced L.N. 300 of 1995)(9) Subsection (8) has effect subject to section 111 of the Private Columbaria Ordinance (Cap. 630). (Added 8 of 2017 s. 120 and E.R. 4 of 2017)(Added 4 of 1991 s. 8) 21. Offence of unauthorized development—development permission area (Amended 25 of 2023 s. 71)(1) While a plan of a development permission area is effective, a person must not undertake or continue development in the development permission area unless—(a) the development in the area is an existing use;(b) the development in the area is permitted under a plan—(i) that is prepared under section 3(1)(b) (whether or not the plan is approved in whole or in part under section 9); and(ii) that is the latest plan in relation to the area; or(c) permission to do so has been granted under section 16. (Replaced 25 of 2023 s. 71)(2) A person who contravenes subsection (1) commits an offence and is liable, in the case of a first conviction, to a fine of $500,000 and, in the case of a second or subsequent conviction, to a fine of $1,000,000. (Replaced L.N. 300 of 1995)(3) Subsection (2) has effect subject to section 111 of the Private Columbaria Ordinance (Cap. 630). (Added 8 of 2017 s. 121 and E.R. 4 of 2017)(Added 4 of 1991 s. 8) 21A. Regulated area (1) This section applies to an area that is included in a plan under this Ordinance.(2) However, this section does not apply to an area—(a) that is within the Hong Kong Island, Kowloon, or the New Kowloon; or(b) that is any land included in a plan of a development permission area or is any land to which section 20(7) applies.(3) The Secretary for Development may, by notice published in the Gazette, designate an area to be a regulated area—(a) for the purpose of protecting the area from environmental degradation;(b) for the purpose of nature conservation; or(c) for both of the purposes mentioned in paragraphs (a) and (b).(4) A notice under subsection (3) must describe and delineate the area concerned by reference to a plan prepared and signed under section 21B.(5) The Secretary may, by notice published in the Gazette—(a) modify a regulated area designation, including—(i) expanding the area covered by the designation for either or both of the purposes mentioned in subsection (3)(a) and (b) (designated area); and(ii) reducing the designated area; or(b) revoke a regulated area designation.(6) A notice under subsection (5)(a)(i) or (ii) must describe and delineate the expanded area or reduced area (as the case requires) by reference to a plan prepared and signed under section 21B.(7) A notice made under subsection (3) or (5) is not subsidiary legislation.(Added 25 of 2023 s. 72) 21B. Plan to be prepared and signed by Secretary for Development for purposes of section 21A(4) or (6) (1) The Secretary for Development may prepare a plan for the purposes of section 21A(4) or (6).(2) The Secretary must sign the plan prepared under subsection (1).(Added 25 of 2023 s. 72) 21C. Copies of regulated area plan to be deposited in Land Registry etc. (1) After a designation or modification is made under section 21A(3) or (5)(a), the Secretary for Development is to cause a copy of the regulated area plan to which the designation or modification relates to be deposited in the Land Registry.(2) Every copy deposited under subsection (1) is to be made available by the Land Registrar for public inspection free of charge.(3) The Secretary may, on payment of the fee determined under subsection (4), provide a copy of the regulated area plan to a person.(4) The Secretary may determine the fee to be paid by a person for the provision of a copy under subsection (3).(Added 25 of 2023 s. 72) 21D. When regulated area designation takes effect or ceases to be effective (1) A designation of regulated area under section 21A(3) takes effect on the date of publication of the notice by which the designation is made.(2) A modification of a regulated area designation under section 21A(5)(a) takes effect on the date of publication of the notice by which the modification is made.(3) A regulated area designation is effective until it is modified or revoked under section 21A(5).(Added 25 of 2023 s. 72) 21E. When revocation of designation takes effect A revocation made under section 21A(5)(b) in relation to a regulated area designation takes effect on the date of publication of the notice by which the revocation is made.(Added 25 of 2023 s. 72) 21F. Offence of unauthorized development—regulated area (1) While a regulated area designation is effective, a person must not undertake or continue development in the regulated area unless—(a) the development in the area is a pre-material-date use;(b) the development in the area is permitted under a plan—(i) that is prepared under section 3(1)(a) (whether or not the plan is approved in whole or in part under section 9); and(ii) that is the latest plan in relation to the 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—(a) on a first conviction—to a fine of $500,000; and(b) on a second or subsequent conviction—to a fine of $1,000,000.(3) Subsection (2) has effect subject to section 111 of the Private Columbaria Ordinance (Cap. 630).(Added 25 of 2023 s. 72) 22. Power to inspect and require provision of information (1) The Authority may, without warrant or notice but at a reasonable time, enter land and any premises on it for the purposes of, and enter land and any premises on it through which access is needed for the purposes of— (Amended 25 of 2004 s. 18)(aa) ascertaining whether there is or was unauthorized development or any matters that in the opinion of the Authority constitute or constituted an unauthorized development; (Added 25 of 2004 s. 18)(a) posting a notice under section 23;(b) verifying that an unauthorized development or any matters that in the opinion of the Authority constitute or constituted an unauthorized development have been discontinued or any steps taken or land has been reinstated as required under section 23. (Amended 25 of 2004 s. 18)(2) Notwithstanding subsection (1)— (Amended 25 of 2004 s. 18)(a) the Authority shall not exercise any power under subsection (1) for the purposes of ascertaining any matter under subsection (1)(aa) unless the Authority has reasonable grounds to suspect that there is or was unauthorized development and it is necessary to enter the land or premises in question, or to have access through the land or premises in question, as the case may be, in order to enable the Authority to ascertain the matter; and(b) 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). (Amended 25 of 2004 s. 18)(3) If a magistrate is satisfied from information on oath that there are reasonable grounds to believe that there is or was unauthorized development and it is necessary to enter any land or premises, or to have access through any land or premises, in order to enable the Authority to ascertain whether there is or was unauthorized development or any matters that in the opinion of the Authority constitute or constituted an 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. (Amended 25 of 2004 s. 18)(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 the Authority enters any place under this section, the Authority or the authorized person may exercise any of the following powers— (Amended 25 of 2023 s. 73)(a) require any person present at that place to give details of the person’s identity, name and address, and produce the person’s identity card issued under the Registration of Persons Ordinance (Cap. 177) for inspection by the Authority or the authorized person; (Replaced 25 of 2023 s. 73)(b) require any person present at that place 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 the Authority or the authorized person to carry out their functions under this section. (Amended 25 of 2023 s. 73)(6) A warrant issued under subsection (3) shall continue in force until the purpose for which the entry is necessary has been satisfied.(7) For the purposes of exercising any power or performing any duty under or for the purposes of section 20, 21, 21F or 23, or determining whether there is or was any contravention of any of the provisions of section 20, 21, 21F or 23, where the Authority has reasonable grounds to believe that any person has any relevant information, the Authority may by notice in writing served on the person require the person to provide the relevant information to the Authority, within the period specified in the notice. (Added 25 of 2004 s. 18. Amended 25 of 2023 s. 73)(8) A person who—(a) fails without reasonable excuse to comply with the requirements of a notice served on him under subsection (7); or(b) in compliance or purported compliance with such a notice—(i) provides to the Authority any information which he knows to be false in a material particular;(ii) recklessly provides to the Authority any information which is false in a material particular; or(iii) knowingly omits any material particular,commits an offence and is liable to a fine at level 6. (Added 25 of 2004 s. 18)(9) In subsection (7), relevant information (有關資料) means information reasonably required by the Authority for the purposes of—(a) ascertaining whether there is or was unauthorized development or any matters that in the opinion of the Authority constitute or constituted an unauthorized development;(b) identifying any person—(i) who undertakes or continues, or undertook or continued, any development; or(ii) on whom a notice may be served under section 23(1). (Added 25 of 2004 s. 18)(Added 4 of 1991 s. 8) 23. Enforcement on land within a development permission area or regulated area (Amended 25 of 2023 s. 74)(1) Where, in the opinion of the Authority, 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 relevant matters— (Amended 101 of 1991 s. 5; 25 of 2004 s. 19)(a) specify the relevant matters; and (Replaced 25 of 2004 s. 19)(b) specify a date by which the Authority requires the relevant matters to be discontinued, if they have not by then been discontinued. (Replaced 25 of 2004 s. 19)(2) Where, apart from being of the opinion that there is or was unauthorized development, the Authority considers that continuance of the relevant matters could— (Amended 25 of 2004 s. 19)(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,then— (Amended 25 of 2004 s. 19)(d) where a notice has not been served under subsection (1) in relation to the relevant matters, the Authority may in a notice served under that subsection—(i) specify the date for discontinuance of the relevant matters under subsection (1)(b), after taking into account the effects referred to in paragraph (a), (b) or (c); and(ii) further specify any steps required to be taken, by a date specified in that regard, to prevent anything related to the relevant matters from causing such effects; or(e) where a notice has been served under subsection (1) in relation to the relevant matters, the Authority may in a further notice served on the same person on whom the notice has been served—(i) substitute the date specified for discontinuance of the relevant matters under subsection (1)(b) in the notice that has been served by an earlier date, after taking into account such effects; and(ii) further specify any steps required to be taken, by a date specified in that regard, to prevent anything related to the relevant matters from causing such effects.(2A) A notice served on a person under subsection (1) in relation to the relevant matters shall be read as having effect subject to any further notice served on the same person under subsection (2)(e) in relation to the relevant matters. (Added 25 of 2004 s. 19)(3) Where a notice under subsection (1) has been served in relation to any relevant matters, 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— (Amended 25 of 2023 s. 74)(a) if the land is included in a plan of a development permission area or is a land to which section 20(7) applies—(i) to the condition it was in immediately before the development permission area became effective; or(ii) to any other condition, more favourable to the person, that the Authority considers satisfactory; and(b) if the land is in a regulated area—(i) to the condition it was in immediately before the material date; or(ii) to any other condition, more favourable to the person, that the Authority considers satisfactory. (Amended 25 of 2023 s. 74)(4) Where the relevant matters referred to in subsection (3) were on land included— (Amended 25 of 2004 s. 19)(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) (read as having effect subject to any further notice under subsection (2A))—(i) that the relevant matters required by the notice to be discontinued have been discontinued as so required; and(ii) that the steps (if any) required by the notice to be taken have been taken as so required; or(b) in the case of a notice served under subsection (3), that the land required by the notice to be reinstated has been reinstated as so required,he shall serve on the person on whom the notice has been served a further notice specifying the matters in respect of which he is so satisfied. (Replaced 25 of 2004 s. 19)(4B) The Authority shall, as soon as reasonably practicable after service of a notice under subsection (1), (2), (3) or (4A), register the notice in the Land Registry. (Replaced 25 of 2004 s. 19)(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), 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 relevant matters have not been discontinued as required by the notice; (Replaced 25 of 2004 s. 19)(b) steps have not been taken as required by the notice; or(c) land has not been reinstated as required by the notice,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 $500,000; and in addition, to a fine of $50,000 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 $1,000,000; and in addition, to a fine of $100,000 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) the relevant matters have not been discontinued as required by the notice; (Replaced 25 of 2004 s. 19)(b) steps have not been taken as required by the notice; or(c) land has not been reinstated as required by the notice,the Authority may enter the land and take whatever steps he considers necessary to ensure the discontinuance of the relevant matters, 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(1), 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.(8A) Where the Authority is satisfied—(a) that—(i) the relevant matters that have not been discontinued by the date specified in that regard in a notice under this section have been discontinued at any time after that date;(ii) steps that have not been taken by the date specified in that regard in a notice under this section have been taken at any time after that date; or(iii) land that has not been reinstated by the date specified in that regard in a notice under this section has been reinstated at any time after that date; and(b) if the Authority has incurred any expenses for such purpose under subsection (7), that the expenses have been paid to or recovered by the Authority,he shall serve on the person on whom the notice has been served a further notice specifying the matters in respect of which he is so satisfied, and shall as soon as reasonably practicable after service of the further notice register such further notice in the Land Registry. (Added 25 of 2004 s. 19)(8B) A notice served under this section shall be deemed to be an instrument affecting land or premises and shall be registrable in the Land Registry, but a failure to register such a notice in the Land Registry shall not affect its validity against the person on whom the notice has been served. (Added 25 of 2004 s. 19)(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) the defendant took all reasonable steps in the circumstances to comply with the notice; (Amended 25 of 2023 s. 74)(aa) the unauthorized development which existed according to the opinion of the Authority in fact was not a development; (Added 25 of 2004 s. 19)(b) the unauthorized development on land included in a plan of a development permission area or on land to which section 20(7) applies, which existed according to the opinion of the Authority, in fact 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; (Amended 25 of 2023 s. 74)(ba) the unauthorized development in the regulated area which existed according to the opinion of the Authority in fact was a pre-material-date use; (Added 25 of 2023 s. 74)(c) the unauthorized development which existed according to the opinion of the Authority in fact is permitted under the latest plan of the development permission area or under a relevant plan of an interim development permission area; (Amended 25 of 2023 s. 74)(ca) the unauthorized development which existed according to the opinion of the Authority in fact is permitted under a plan—(i) that is prepared under section 3(1)(a) (whether or not the plan is approved in whole or in part under section 9); and(ii) that is the latest plan in relation to the land; or (Added 25 of 2023 s. 74)(d) the unauthorized development which existed according to the opinion of the Authority in fact was a development for which permission had been granted under section 16.(9A) In the prosecution of an offence alleged to have been committed under subsection (6), it shall not be necessary for the prosecution to prove that—(a) the unauthorized development which existed according to the opinion of the Authority in fact was a development or was an unauthorized development; or(b) the relevant matters which constituted such unauthorized development according to the opinion of the Authority in fact constituted such unauthorized development. (Added 25 of 2004 s. 19)(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)(11) In forming any opinion as to whether there is or was any unauthorized development, or whether any matters constitute or constituted an unauthorized development, for the purpose of exercising any power or performing any duty under this section, the Authority may have regard to—(a) any document, or any copy of a document, to which section 24A applies;(b) any draft plan, partly approved plan or approved plan exhibited under this Ordinance; and (Amended 25 of 2023 s. 64)(c) any other information or thing which appears to the Authority to be relevant to the exercise of the power or the performance of the duty, as the case may be. (Added 25 of 2004 s. 19)(12) In this section, relevant matters (有關事項), in relation to any unauthorized development which in the opinion of the Authority exists or existed, means any matters which in the opinion of the Authority constitute or constituted such unauthorized development. (Added 25 of 2004 s. 19)(13) Subsections (1) and (2) have effect subject to section 111 of the Private Columbaria Ordinance (Cap. 630). (Added 8 of 2017 s. 122 and E.R. 4 of 2017)(Added 4 of 1991 s. 8. Amended 25 of 2004 s. 19) Editorial Note: * Commencement date: 25 January 1991. 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 Development for a review of the Authority’s decision. (Amended L.N. 330 of 1999; L.N. 106 of 2002; L.N. 130 of 2007)(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) 24A. Evidence In any proceedings under this Ordinance, any document incorporating an image of an aerial photograph of land, or any copy of such document, purporting to be issued by the Lands Department and purporting to be signed or initialled by any public officer authorized by the Director of Lands in that behalf shall on its production be admissible, without further proof, as prima facie evidence of the matters shown therein.(Added 25 of 2004 s. 20) 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) 26. Interim development permission areas# (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) Editorial Note: # Deemed to have come into operation on 27 July 1990—see section 1(2) of 4 of 1991. * Commencement date: 25 January 1991. 27. Board to supply copies of documents or materials Where any document or material is available for public inspection under section 6(4), 6C(1), 6D(4), 6H(2), 16(2C) or (2I) or 17(2A) or (2G), the Board must supply a copy of the document or material to any person on payment of such fee as the Board may determine.(Added 25 of 2004 s. 21. Amended 25 of 2023 s. 65) 28. Transitional and saving provisions relating to Town Planning (Amendment) Ordinance 2004 (1) The amendments effected by sections 6, 7, 8, 9(a), (b) and (c) and 10 of the amending Ordinance do not apply in respect of any case in which the draft plan in question has been exhibited under section 5 of the pre-amended Ordinance or its corresponding provision before the commencement* of the amending Ordinance (whether or not there have been amendments to it under section 7 of the pre-amended Ordinance or its corresponding provision), and, for the avoidance of doubt, the provisions of this Ordinance shall, with necessary modifications, be construed and have application accordingly.(2) The amendments effected by section 11(a), (b), (c) and (d) of the amending Ordinance do not apply in respect of any case in which the approved plan in question has been referred by the Chief Executive in Council to the Board under section 12(1)(b) of the pre-amended Ordinance or its corresponding provision before the commencement of the amending Ordinance, and, for the avoidance of doubt, the provisions of this Ordinance shall, with necessary modifications, be construed and have application accordingly.(3) The amendments effected by section 15 of the amending Ordinance do not apply in respect of any case in which the application for the grant of permission in question has been made to the Board under section 16(1) of the pre-amended Ordinance or its corresponding provision before the commencement of the amending Ordinance, and, for the avoidance of doubt, the provisions of this Ordinance shall, with necessary modifications, be construed and have application accordingly.(4) The amendments effected by section 17 of the amending Ordinance, in relation to a decision made under section 16, do not apply in respect of any case in which the application for the grant of permission in question has been made to the Board under section 16(1) of the pre-amended Ordinance or its corresponding provision before the commencement of the amending Ordinance, and, for the avoidance of doubt, the provisions of this Ordinance shall, with necessary modifications, be construed and have application accordingly.(5) The amendments effected by section 19 of the amending Ordinance do not apply in respect of any case in relation to which a notice has been served under section 23(1) of the pre-amended Ordinance or its corresponding provision before the commencement of the amending Ordinance, and, for the avoidance of doubt, the provisions of this Ordinance shall, with necessary modifications, be construed and have application accordingly.(6) Notwithstanding anything in the amending Ordinance but subject to subsections (1), (2), (3), (4) and (5)—(a) any plan a notice of which has been published under section 5 of the pre-amended Ordinance or its corresponding provision shall be regarded as a plan a notice of which has been published under section 5;(b) any amendments made to a draft plan under section 7 of the pre-amended Ordinance or its corresponding provision shall be regarded as amendments made to the draft plan under section 7; and(c) any permission granted under section 16 of the pre-amended Ordinance or its corresponding provision shall be regarded as having been granted under section 16,and, for the avoidance of doubt, the provisions of this Ordinance shall, with necessary modifications, be construed and have application accordingly.(7) This section is in addition to and not in derogation of section 23 of the Interpretation and General Clauses Ordinance (Cap. 1).(8) In this section—amending Ordinance (修訂條例) means the Town Planning (Amendment) Ordinance 2004 (25 of 2004); corresponding provision (相應條文), in relation to a provision of the pre-amended Ordinance, means any provision of this Ordinance as in force at any time before the commencement of the amending Ordinance, other than the pre-amended Ordinance, that substantially corresponds to that provision of the pre-amended Ordinance;pre-amended Ordinance (未修訂條例) means this Ordinance as in force immediately before the commencement of the amending Ordinance.(Added 25 of 2004 s. 21)Editorial Note:* Commencement date : 10 June 2005. 29. Transitional and saving provisions relating to Development (Town Planning, Lands and Works) (Miscellaneous Amendments) Ordinance 2023 (1) Subsections (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13) and (14) apply to a plan if the first day on which the plan is exhibited under section 5 falls on a day before 1 September 2023 (exhibited plan).(2) If the last day of the period for which the plan is required to be exhibited under section 5 falls on or after 1 September 2023, section 5 of the pre-amended Ordinance applies to the plan.(3) Subject to subsection (4), sections 6, 6A, 6B, 6C, 6D, 6E, 6F, 6G and 6H of the pre-amended Ordinance apply, with necessary modifications, to an exhibited plan.(4) For the purposes of subsection (3), for a plan to which section 9 of the Amended Ordinance applies because of subsection (8)—(a) the references in sections 6(4) and 6A(4) of the pre-amended Ordinance to “a decision in respect of the draft plan in question” made by the Chief Executive in Council under section 9 are references to a decision made by the Chief Executive in Council under section 9 of the Amended Ordinance in respect of the plan or the part or parts of the plan to which the representation relates;(b) the reference in section 6C(1) of the pre-amended Ordinance to “a decision in respect of the draft plan in question” made by the Chief Executive in Council under section 9 is a reference to a decision made by the Chief Executive in Council under section 9 of the Amended Ordinance in respect of the plan or the part or parts of the plan to which the amendment proposed under section 6B(8) of the pre-amended Ordinance relates;(c) the reference in section 6D(4) of the pre-amended Ordinance to “a decision in respect of the draft plan in question” made by the Chief Executive in Council under section 9 is a reference to a decision made by the Chief Executive in Council under section 9 of the Amended Ordinance in respect of the plan or the part or parts of the plan to which the further representation relates; and(d) the reference in section 6H(2) of the pre-amended Ordinance to “a decision in respect of the draft plan” made by the Chief Executive in Council under section 9 is a reference to a decision made by the Chief Executive in Council under section 9 of the Amended Ordinance in respect of the plan or the part or parts of the plan to which the amendments relate.(5) Section 7 of the pre-amended Ordinance applies to an amendment made under that section to an exhibited plan if the first day on which the amendment is exhibited under that section falls on a day before 1 September 2023.(6) Section 9 of the pre-amended Ordinance (pre-amended section 9) applies to an exhibited plan if the submission of the plan was made under section 8 before 1 September 2023 but a decision under section 9 is pending immediately before that date.(7) If, because of subsection (6), an exhibited plan is referred to the Board under the pre-amended section 9 for further consideration and amendment, the Board may make any amendment under section 7 (as applied by section 9A of the Amended Ordinance) to the referred plan.(8) For an exhibited plan in respect of which submission has not been made under section 8 before 1 September 2023, subject to subsections (9), (10), (11), (12) and (13), sections 8 and 9 of the Amended Ordinance apply to the plan.(9) If, because of subsection (8), section 8 of the Amended Ordinance applies to a plan, the period before the expiry of which the plan must be submitted under that section (specified period) is—(a) for a submission under section 8(1)(a) of the Amended Ordinance, subject to subsection (10)—(i) where there is no amendment under section 7 of Cap. 131 to the plan—the period of 9 months after the period of 2 months mentioned in section 5 expires;(ii) where there is only one amendment under section 7 of Cap. 131 to the plan—the period of 9 months after the period of 2 months mentioned in section 7(2) expires; and(iii) where there is more than one amendment under section 7 of Cap. 131 to the plan—the period of 9 months after the period of 2 months mentioned in section 7(2) in relation to the last of those amendments expires; and(b) for a submission under section 8(1)(b) of the Amended Ordinance, subject to subsection (10)—(i) where there is no amendment under section 7 of Cap. 131 to the submitted part—the period of 9 months after the period of 2 months mentioned in section 5 expires;(ii) where there is only one amendment under section 7 of Cap. 131 to the submitted part—the period of 9 months after the period of 2 months mentioned in section 7(2) expires; and(iii) where there is more than one amendment under section 7 of Cap. 131 to the submitted part—the period of 9 months after the period of 2 months mentioned in section 7(2) in relation to the last of those amendments expires.(10) If the period of 9 months mentioned in subsection (9)(a)(i), (ii) or (iii) or (b)(i), (ii) or (iii) (9-month period) is extended under subsection (11) or (12)(a) or (b), the specified period is to be the period extended under subsection (11) or (12)(a) or (b) (as the case requires) for the submission.(11) If the Secretary for Development considers it appropriate to do so in a particular case, the Secretary may extend the 9-month period for 2 months (2-month period).(12) If, in respect of a particular case, the Secretary is satisfied that exceptional circumstances exist, the Secretary may—(a) extend the 2-month period for 2 months; and(b) further extend the period extended under paragraph (a) for another 2 months.(13) Where a submission is made under section 8 (as applied by subsection (8)) (new section 8), without affecting subsection (3) of the new section 8—(a) for a submission under subsection (1)(a) of the new section 8, if—(i) any representations, comments, further representations or amendments have been made under section 6, 6A, 6D, 6F, 6G or 7 before 1 September 2023 in relation to the exhibited plan; or(ii) any representations, comments, further representations or amendments have been made under section 6, 6A, 6D, 6F, 6G or 7 (which applies because of subsection (3) or (5)) in relation to the plan,the Board must comply with section 8(1A) of the pre-amended Ordinance (pre-amended section 8(1A)); and(b) for a submission under subsection (1)(b) of the new section 8, if—(i) any representations, comments, further representations or amendments have been made under section 6, 6A, 6D, 6F, 6G or 7 before 1 September 2023 in relation to the submitted part of the exhibited plan; or(ii) any representations, comments, further representations or amendments have been made under section 6, 6A, 6D, 6F, 6G or 7 (which applies because of subsection (3) or (5)) in relation to the submitted part of the plan,the Board must comply with the pre-amended section 8(1A) in so far as the submitted part is concerned.(14) Section 12 of the pre-amended Ordinance applies to a plan referred to the Board under section 12 before 1 September 2023 if a new plan prepared for replacement of the plan referred, or a plan showing any amendment to the plan referred, is an exhibited plan.(15) Subject to subsection (16), section 12A of the pre-amended Ordinance applies to an application made under section 12A before 1 September 2023.(16) For the purposes of subsection (15)—(a) the references in section 12A(24)(a), (b)(iii) and (c)(ii) of the pre-amended Ordinance to “the Chief Executive in Council” are to be construed as references to the Secretary for Development;(b) the reference in section 12A(24)(a) of the pre-amended Ordinance to “section 12(1)(b)(ii)” is to be construed as a reference to section 12(1A)(a)(ii) or (b) of the Amended Ordinance;(c) the first reference in section 12A(24)(b) of the pre-amended Ordinance to “section 12(1)(b)(ii)” is to be construed as a reference to section 12(1)(b)(ii) as in force before 1 September 2023 or section 12(1A)(a)(ii) or (b) of the Amended Ordinance (as the case requires);(d) the reference in section 12A(24)(b)(iii) of the pre-amended Ordinance to “section 12(1)(b)(ii)” is to be construed as a reference to section 12(1A)(a)(ii) or (b) of the Amended Ordinance;(e) the first reference in section 12A(24)(c) of the pre-amended Ordinance to “section 12(1)(b)(ii)” is to be construed as a reference to section 12(1)(b)(ii) as in force before 1 September 2023 or section 12(1A)(a)(ii) or (b) of the Amended Ordinance (as the case requires);(f) the reference in section 12A(24)(c)(ii) of the pre-amended Ordinance to “section 12(1)(b)(ii)” is to be construed as a reference to section 12(1A)(a)(ii) or (b) of the Amended Ordinance; and(g) the definitions of original approved plan, referred approved plan, relevant approved plan and relevant draft plan in section 12A(25) of the pre-amended Ordinance are to be respectively replaced by the definitions of original approved plan, referred approved plan, relevant approved plan and relevant draft plan in section 12A(25) of the Amended Ordinance.(17) Section 16 of the pre-amended Ordinance applies to an application made under section 16 before 1 September 2023.(18) A reference in section 16A to section 16 includes section 16 as applied by subsection (17).(19) Section 17 of the pre-amended Ordinance applies to—(a) an application for a review of a decision of the Board made under section 16 in respect of an application made under section 16(1) before 1 September 2023; and(b) an application for a review of a decision of the Board made under section 16A in respect of an application made under section 16A(2) before 1 September 2023.(20) A reference in section 17 of the Amended Ordinance to section 16 includes section 16 as applied by subsection (17).(21) A reference in section 17 of the Amended Ordinance to section 16A is to be read with subsection (18).(22) References in section 17B to section 17 and section 17(6) include section 17 and section 17(6) of the pre-amended Ordinance as applied by subsection (19).(23) For the purposes of this section—(a) references to sections 5, 7(1) to (3), 8, 12A, 16 and 16A in section 2(5)(a) of the Amended Ordinance include references to those sections in the pre-amended Ordinance as applied by this section;(b) references to sections 12A(13) and (15), 16(2J) and (2L) and 17(2H) and (2J) in section 2(5)(c) of the Amended Ordinance include references to those sections in the pre-amended Ordinance as applied by this section;(c) the power of the Board under section 2A of the Amended Ordinance to appoint committees from among its members to exercise any of the Board’s powers and functions under sections 6B, 6C, 6D, 6E, 6F, 6G and 6H includes a power of the Board to appoint committees from among its members to exercise any of the Board’s powers and functions under sections 6B, 6C, 6D, 6E, 6F, 6G and 6H of the pre-amended Ordinance as applied by this section;(d) section 2C(2)(a) of the pre-amended Ordinance applies in relation to a meeting held under or for the purposes of section 6B, 6F, 12A, 16, 16A or 17 of the pre-amended Ordinance as applied by this section; and(e) section 27 of the pre-amended Ordinance applies to any document or material that is available for public inspection under section 6(4), 6A(4), 6C(1), 6D(4), 6H(2), 12A(6) or (12), 16(2C) or (2I) or 17(2A) or (2G) of the pre-amended Ordinance as applied by this section.(24) In this section—Amended Ordinance (《經修訂條例》) means Cap.

131 as amended by the Amendment Ordinance;Amendment Ordinance (《修訂條例》) means the Development (Town Planning, Lands and Works) (Miscellaneous Amendments) Ordinance 2023 (25 of 2023);Cap. 131 (《第131章》) means the Town Planning Ordinance (Cap. 131);pre-amended Ordinance (《原有條例》) means Cap. 131 as in force immediately before 1 September 2023.(Added 25 of 2023 s. 66)