Foreshore And Sea-Bed (Reclamations) Ordinance


Published: 1997-06-30

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Cap 127 - FORESHORE AND SEA-BED (RECLAMATIONS) ORDINANCE 1

Chapter: 127 FORESHORE AND SEA-BED (RECLAMATIONS)
ORDINANCE

Gazette Number Version Date


Long title 30/06/1997


To provide for the publication of proposals in respect of reclamations over and upon any foreshore and sea-bed; to
make provision in respect of objections to the proposals, the payment of compensation and connected matters;
and to repeal the Public Reclamations and Works Ordinance (Cap 113, 1984 Ed.) and the Foreshores and Sea
Bed Ordinance (Cap 127, 1984 Ed.).

(Enacted 1985)


[9 August 1985]

(Originally 63 of 1985)

Section: 1 Short title 30/06/1997


This Ordinance may be cited as the Foreshore and Sea-bed (Reclamations) Ordinance.
(Enacted 1985)


Section: 2 Interpretation 6 of 2001 12/04/2001


In this Ordinance, unless the context otherwise requires-
"Director" (署長) means the Director of Lands; (Amended L.N. 94 of 1986; L.N. 291 of 1993)
"foreshore and sea-bed" (前濱及海床) means the shore and bed of the sea and of any tidal water within Hong Kong,

below the line of the high water mark; and
"non-working day" (非工作日) means a day that is not a working day; (Added 6 of 2001 s. 3)
"note-issuing bank" (發鈔銀行), for the purposes of sections 14 and 15, has the meaning assigned to it by section 2 of

the Legal Tender Notes Issue Ordinance (Cap 65); (Added 6 of 2001 s. 3)
"reclamation" (填海工程) includes any work over and upon any foreshore and sea-bed;
"working day" (工作日), for the purposes of sections 14 and 15, means any day other than-

(a) a public holiday; or
(b) a gale warning day or black rainstorm warning day as defined in section 71(2) of the Interpretation and

General Clauses Ordinance (Cap 1). (Added 6 of 2001 s. 3)
(Enacted 1985)


Section: 3 Plans relating to reclamations 30/06/1997


Where a reclamation is proposed in relation to any foreshore and sea-bed, the Director shall prepare a plan
delineating and describing the proposed reclamation and the foreshore and sea-bed intended to be affected thereby.

(Enacted 1985)

Section: 4 Availability for public inspection 30/06/1997


A copy of a plan prepared under section 3 shall, upon the publication of a notice under section 5, be available for
inspection by the public free of charge at such offices of the Government as the Director may direct, during the hours
when those offices are open to the public.

(Enacted 1985)

Section: 5 Publication 30/06/1997


(1) Upon completion of the preparation of a plan under section 3, the Director shall cause notice of the plan to
be published-



Cap 127 - FORESHORE AND SEA-BED (RECLAMATIONS) ORDINANCE 2

(a) in 2 issues of the Gazette in both the Chinese and English languages;
(b) in 2 issues of a Chinese language newspaper;
(c) in 2 issues of an English language newspaper; and
(d) by affixing copies in the Chinese and English languages in such prominent positions within or near the

foreshore and sea-bed affected by the notice, as may be appropriate for the purposes of drawing the
notice to the attention of the public.

(2) The notice referred to in subsection (1) shall-
(a) describe the foreshore and sea-bed affected and describe the manner in which it will be affected by the

proposed reclamation;
(b) either be published together with a copy of the plan to which it relates, or state where and at what times

a copy of the plan may be inspected; and
(c) state that any person who considers that he has an interest, right or easement in or over the foreshore

and sea-bed so described, may object to the proposal under section 6.
(3) A notice published under this section shall be deemed to be notice to every person who has an interest, right

or easement in or over the foreshore and sea-bed described therein.
(Enacted 1985)


Section: 6 Objections 30/06/1997


(1) Any person who considers that he has an interest, right or easement in or over the foreshore and sea-bed
described in a notice published under section 5 may, by notice in writing delivered to the Director before the
expiration of such time being not less than 2 months as shall be specified in the notice, object to the proposed
reclamation.

(2) A notice of objection shall describe the interest, right or easement of the objector and the manner in which
he alleges he will be affected.

(3) An objection delivered under subsection (1) may be amended or withdrawn in writing at any time before
the proposed reclamation is considered under section 7 or 8; and if withdrawn, shall be treated for the purposes of
those sections as not having been made.

(Enacted 1985)

Section: 7 Authorization procedure if no objection made 62 of 2000 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 62 of 2000 s. 3


When the time for the making of objections under section 6 in respect of a proposed reclamation has expired and
no objection has been delivered to the Director, or if any objections made have all been withdrawn, the Chief
Executive may authorize the proposed reclamation.

(Amended 62 of 2000 s. 3)
(Enacted 1985)


Section: 8 Authorization procedure if objection made 17 of 1998 03/04/1998


Remarks:
Adaptation amendments retroactively made - see 62 of 2000 s. 3


(1) Where at the expiry of the time for the making of objections under section 6 in respect of a proposed
reclamation any objection has been delivered under that section, the Director shall, within a period of 9 months after
the expiry of that time, or within such further period of not more than 6 months after the expiry of that period as may,
upon the application of the Director, be allowed by the Chief Executive having regard to the circumstances of the case,
submit to the Chief Executive in Council for consideration the proposed reclamation and any such objection, and the
Chief Executive in Council shall consider the proposed reclamation and every objection and may-

(a) decline to authorize the reclamation;
(b) authorize the reclamation in part only and defer for further consideration at such future time as the

Chief Executive in Council shall specify, any objection which relates to the remaining part of the



Cap 127 - FORESHORE AND SEA-BED (RECLAMATIONS) ORDINANCE 3

reclamation not so authorized; or
(c) authorize the whole of the reclamation. (Amended 17 of 1998 s. 2)

(2) Where a reclamation is authorized under subsection (1)(b) or (c), the plan relating to such reclamation shall
be subject to such modifications and conditions as the Chief Executive in Council thinks fit. (Amended 62 of 2000 s.
3)

(Enacted 1985)

Section: 9 Notice of authorization and invitation to claim for

compensation
62 of 2000 01/07/1997



Remarks:
Adaptation amendments retroactively made - see 62 of 2000 s. 3


(1) Where a reclamation is authorized under section 7, 8(1)(b) or 8(1)(c) notice thereof shall, at any time before
the commencement of the reclamation, be-

(a) served by the Director on every person who has made an objection under section 6;
(b) published in one issue of the Gazette in both the Chinese and English languages; and
(c) made available for inspection by the public free of charge at such offices of the Government as the

Director may direct, during the hours when those offices are open to the public.
(2) The notice referred to in subsection (1) shall-

(a) describe the foreshore and sea-bed affected thereby;
(b) be served by the Director and published either with a copy of the plan to which it relates prepared

under section 3, or if modified by the Chief Executive in Council, with a copy of the plan as so
modified, or state where and at what times a copy of any such plan may be inspected; (Amended 62 of
2000 s. 3)

(c) state that any person who considers that he has an interest, right or easement in or over such foreshore
and sea-bed that will be injuriously affected by the reclamation may deliver a written claim for
compensation under section 12 for the injurious affection to the Director, before the expiry of such
time being not less than 1 year from the date when it is published in the Gazette, as shall be specified
in the notice.

(3) A notice served by the Director and published under this section shall be deemed to be notice to every
person who has an interest, right or easement in or over the foreshore and sea-bed so affected.

(Enacted 1985)

Section: 10 Extinguishment of rights upon publication of notice of

authorization
62 of 2000 01/07/1997



Remarks:
Adaptation amendments retroactively made - see 62 of 2000 s. 3


(1) Subject to section 17, upon the publication of a notice of authorization in the Gazette under section 9(1)(b)-
(a) all public and private rights in relation to the foreshore and sea-bed affected thereby shall be

extinguished and cease to exist; and
(b) no person shall have any right against the Government or any other person to compel or restrain

anything authorized under section 7, 8(1)(b) or 8(1)(c). (Amended 62 of 2000 s. 3)
(2) No action shall be brought or continued in respect of the extinguishment under subsection (1), in whole or

in part, of any public or private right.
(Enacted 1985)


Section: 11 No claim for money except under this Ordinance 62 of 2000 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 62 of 2000 s. 3


No person shall have any right against the Government or any other person to claim any money in respect of



Cap 127 - FORESHORE AND SEA-BED (RECLAMATIONS) ORDINANCE 4

anything authorized under section 7, 8(1)(b) or 8(1)(c) except to the extent of the entitlement to claim compensation
under section 12.

(Amended 62 of 2000 s. 3)
(Enacted 1985)


Section: 12 Claims for compensation 30/06/1997


(1) Any person who claims that his interest, right or easement in or over such foreshore and sea-bed will be
injuriously affected by the reclamation may deliver to the Director a written claim stating the sum of money which he
is willing to accept in full and final settlement of his claim together with such particulars as he may possess to
substantiate the claim and shall furnish to the Director such accounts, documents and further particulars as the
Director may request him to furnish, in support of the claim.

(2) A claim under subsection (1) shall be made before the expiry of the time specified in the notice served by
the Director and published under section 9(1) in respect of the reclamation.

(3) Where any costs or remuneration are reasonably incurred or paid by a claimant in employing persons to act
in a professional capacity in connexion with a claim under subsection (1), such claim may include a claim for such
costs or remuneration.

(Enacted 1985)

Section: 13 Settlement of claim 30/06/1997


(1) In relation to every reclamation the Director shall before the expiry of 6 months from the date when the
written claim is delivered to him or, if he has requested further particulars under section 12(1), before the expiry of 6
months from the date when they are furnished under that section, consider whether or not the claimant is a person
having an interest, right or easement in or over any foreshore and sea-bed that will be injuriously affected by the
reclamation and shall serve notice on the claimant in writing stating that he-

(a) admits the whole claim; or
(b) rejects the whole claim; or
(c) admits a specified part and rejects the remainder,

and shall where he rejects the whole claim, or admits a specified part and rejects the remainder, as the case may be,
give an adequate statement of his reasons for the rejection.

(2) If the Director admits the whole claim, or admits a specified part and rejects the remainder, he may agree
with the claimant as to the amount of compensation to be paid to the claimant in full and final settlement of the whole
claim or a specified part, as the case may be.

(3) Where-
(a) the Director rejects the claim in whole or in part; or
(b) after the expiry of 7 months from the date when the written claim is delivered to the Director or, if he

has requested further particulars under section 12(1), after the expiry of 7 months from the date when
they are furnished under that section, the Director and the claimant do not agree as to the amount of
compensation,

the Director or the claimant may refer the claim to the Lands Tribunal to determine in accordance with this Ordinance
and the Lands Tribunal Ordinance (Cap 17), the amount of compensation to be paid.

(4) In determining a claim referred to it under subsection (3) in respect of a reclamation, the Lands Tribunal
shall-

(a) hear any evidence which the Director or the claimant may wish to tender and, if so requested, hear
counsel or a solicitor on behalf of the party making the request; and

(b) determine the amount of compensation payable by the Government to the claimant in respect of any
interest, right or easement of the claimant in or over any foreshore or sea-bed injuriously affected by
the reclamation in full and final settlement of the claim.

(5) Notice of a reference under subsection (3) shall be served by the Director or the claimant, as the case may
be, on the other party to the proceedings, before the expiry of 7 days from the date when it is referred.

(6) A claim shall not be referred to the Lands Tribunal under subsection (3), unless it is referred before the
expiry of 1 year from the date of the notice served under subsection (1) or within such longer period as the Lands
Tribunal may in any case allow, but the total period for the purposes of this subsection shall not exceed 6 years from
that date.



Cap 127 - FORESHORE AND SEA-BED (RECLAMATIONS) ORDINANCE 5

(Enacted 1985)

Section: 14 Provisional payment pending determination of

compensation
6 of 2001 12/04/2001



(1) The Director may, pending the determination by the Lands Tribunal of the compensation payable under this
Ordinance, pay-

(a) an amount as a provisional payment of the amount payable by virtue of such determination; and
(b) interest on any payment made under paragraph (a), for the period from the date of publication of the

notice of authorization in the Gazette under section 9(1)(b) relating to the reclamation in question, until
the date on which the payment is made, calculated on a daily basis according to subsection (1A).
(Amended 6 of 2001 s. 3)

(1A) For the purposes of subsection (1)(b), the rate of interest paid-
(a) in respect of a working day must not be lower than the lowest of the interest rates paid on deposits at

24 hours' call by note-issuing banks at the close of business on that day; and
(b) in respect of a non-working day must not be lower than the lowest of the interest rates paid on deposits

at 24 hours' call by note-issuing banks at the close of business on the last working day before that day.
(Added 6 of 2001 s. 3)

(2) Any payment made by the Director under subsection (1) shall be without prejudice to the claim for
compensation under this Ordinance or the submission under this Ordinance of the matter to the Lands Tribunal for
determination of the amount of compensation to be paid, or the determination thereof by it under this Ordinance but
the amount of compensation payable by virtue of such determination shall be reduced by the amount of such payment.

(3) Where the amount of compensation payable by virtue of a determination of the Lands Tribunal under this
Ordinance is reduced under subsection (2) by the amount of any payment made under subsection (1), such
compensation shall not as from the date on which the payment is made, bear interest except on the amount thereof as
so reduced.

(4) Where the amount of any payment made by the Director under subsection (1) exceeds the amount of the
compensation payable by virtue of a determination by the Lands Tribunal, the amount of the excess shall be
recoverable by the Director as a civil debt.

(Enacted 1985)
________________________________________________________________________________
Notes:
For the validation of interest payments and application provisions relating to the amendments made by 6 of
2001, see section 13 of 6 of 2001.

Section: 15 Payment of compensation and interest 6 of 2001 12/04/2001


(1) All sums of money payable as compensation under this Ordinance together with interest thereon and all
costs and remuneration awarded against the Government, shall be paid out of the general revenue. (Amended 62 of
2000 s. 3)

(2) At any time after an agreement under section 13(2) or a determination by the Lands Tribunal of the amount
of compensation payable under this Ordinance, the Director may by notice published in the Gazette require the person
entitled to the compensation to collect it by the date and at the place specified in the notice.

(3) Subject to section 14(3), any sum of money payable as compensation by virtue of an agreement under
section 13(2) or a determination of the Lands Tribunal under this Ordinance shall bear interest from the date of
publication of the notice of authorization in the Gazette under section 9(1)(b) relating to the reclamation in question,
until the date specified in the notice published under subsection (2) of this section but no interest shall be payable in
respect of the amount of any costs or remuneration.

(4) Subject to subsection (4A), the rate of interest for the purposes of subsection (3) shall be such rate as the
Lands Tribunal may fix. (Replaced 6 of 2001 s. 3)

(4A) The rate of interest fixed under subsection (4)-
(a) in respect of a working day must not be lower than the lowest of the interest rates paid on deposits at

24 hours' call by note-issuing banks at the close of business on that day; and
(b) in respect of a non-working day must not be lower than the lowest of the interest rates paid on deposits

at 24 hours' call by note-issuing banks at the close of business on the last working day before that day.



Cap 127 - FORESHORE AND SEA-BED (RECLAMATIONS) ORDINANCE 6

(Added 6 of 2001 s. 3)
(5) If no claim is made for the payment out of the compensation money at the place and by the date specified in

the notice published under subsection (2), the Director shall pay such money to the Director of Accounting Services.
(6) The money paid to the Director of Accounting Services under subsection (5) or any part of it may, before

the expiry of 5 years from the date specified in the notice published under subsection (2), be claimed by the person
entitled thereto and upon such claim being substantiated shall be paid to the person so entitled.

(7) On the expiry of the period of 5 years referred to in subsection (6) the money or such part of it as remains
unpaid shall be transferred to the general revenue.

(Enacted 1985)
________________________________________________________________________________
Notes:
For the validation of interest payments and application provisions relating to the amendments made by 6 of
2001, see section 13 of 6 of 2001.

Section: 16 Payment when person entitled cannot be found, etc. 30/06/1997


When the person entitled to compensation is absent from Hong Kong or cannot be found or, before the expiry of
6 months from the date when the amount of compensation is agreed under section 13(2) or determined by the Lands
Tribunal under this Ordinance, makes no claim to the same, or is in the opinion of the Director unable to give an
effectual discharge for the same, the Director may direct that payment of the compensation shall be made to such other
person on behalf of the person entitled as he shall think proper, subject to such conditions as he thinks fit, and the
receipt of such other person shall be a valid and effectual discharge for the same in the same manner as if payment had
been made to the person entitled.

(Enacted 1985)

Section: 17 Saving of rights of Government 29 of 1998 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 105


Nothing in this Ordinance shall be deemed to be in derogation of any of the powers or rights of the Government
in respect of the foreshore and sea-bed or of the waters of Hong Kong.

(Amended 29 of 1998 s. 105)
(Enacted 1985)


Section: 18 Service of notices by Director 30/06/1997


Any notice required to be served by the Director upon any person under this Ordinance may be served by
serving a copy personally or by registered post addressed to the last known place of business or residence of the
person to be served.

(Enacted 1985)

Section: 19 (Omitted as spent) 30/06/1997


(Enacted 1985)

Section: 20 Transitional 17 of 1998 03/04/1998


(1) Notwithstanding the repeal of the Public Reclamations and Works Ordinance (Cap 113, 1984 Ed.), that
Ordinance shall continue to apply to any reclamation or proposed reclamation or other works of a public nature in
respect of which a notice had been published under section 2 of that Ordinance before the commencement of this
Ordinance.

(2) Notwithstanding the repeal of the Foreshores and Sea Bed Ordinance (Cap 127, 1984 Ed.), that Ordinance
shall continue to apply to any Crown lease in respect of which a notice had been published under section 4 of that
Ordinance before the commencement of this Ordinance.



Cap 127 - FORESHORE AND SEA-BED (RECLAMATIONS) ORDINANCE 7

(3) Where immediately before the commencement of the Foreshore and Sea-bed (Reclamations) (Amendment)
Ordinance 1998 (17 of 1998), a notice had been published under section 5 in respect of a proposed reclamation, the
period of 9 months as specified in section 8(1) shall be calculated as from-

(a) the commencement of that Ordinance; or
(b) the expiry of the time for the making of objections under section 6,

whichever is the later. (Added 17 of 1998 s. 3)
(Enacted 1985)

Related Laws