Town Planning Ordinance


Published: 1997-06-30

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Cap 131 - TOWN PLANNING ORDINANCE 1

Chapter: 131 TOWN PLANNING ORDINANCE Gazette Number Version Date

Long title 30/06/1997


To promote the health, safety, convenience and general welfare of the community by making provision for the
systematic preparation and approval of plans for the lay-out of areas of Hong Kong as well as for the types of
building suitable for erection therein and for the preparation and approval of plans for areas within which
permission is required for development.

(Amended 4 of 1991 s. 2)


[23 June 1939]


(Originally 20 of 1939 (Cap 131 1950))

Section: 1 Short title 30/06/1997


This Ordinance may be cited as the Town Planning Ordinance.

Section: 1A Interpretation L.N. 50 of 2005 10/06/2005


In this Ordinance, unless the context otherwise requires-
"Appeal Board" (上訴委員會) means an Appeal Board constituted under section 17A; (Added 101 of 1991 s. 2)
"Authority" (監督) means the Director of Planning;
"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;

"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;

"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;

"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)

"unauthorized development" (違例發展) means-
(a) in relation to land included in a plan of a development permission area or described in section 20(7),

development in contravention of this Ordinance; and
(b) in sections 22 and 23, in relation to land referred to in section 23(4), development other than

development permitted under a plan of an interim development permission area, undertaken on or after
the date on which notice of that plan is gazetted.



Cap 131 - TOWN PLANNING ORDINANCE 2

(Added 4 of 1991 s. 3)

Section: 2 Appointment of Town Planning Board L.N. 50 of 2005 10/06/2005


(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 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)

and, for the avoidance of doubt, the provisions of this Ordinance shall, with necessary modifications, be construed and
have application accordingly. (Added 4 of 1991 s. 4. Amended 25 of 2004 s. 3)

Section: 2A Appointment of committees by the Board L.N. 50 of 2005 10/06/2005


(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.

(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)


Section: 2B Transaction of business by circulation of papers L.N. 50 of 2005 10/06/2005


(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



Cap 131 - TOWN PLANNING ORDINANCE 3

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)

Section: 2C Meetings of Board and of committees L.N. 50 of 2005 10/06/2005


(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) (whether with or without application of
section 6F(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

(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.

(Added 25 of 2004 s. 5)

Section: 3 Functions of the Board 62 of 2000 01/07/1997


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


(1) With a view to the promotion of the health, safety, convenience and general welfare of the community, the
Board shall undertake the systematic preparation of-

(a) draft plans for the lay-out of such areas of Hong Kong as the Chief Executive may direct, as well as for
the types of building suitable for erection therein; and

(b) draft development permission area plans of such areas of Hong Kong as the Chief Executive may



Cap 131 - TOWN PLANNING ORDINANCE 4

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)

Section: 4 Contents of lay-out plans and powers of the Board 29 of 1998; 62 of

2000
01/07/1997



Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 44; 62 of 2000 s. 3


(1) The Board's draft plans prepared under section 3(1)(a) for the lay-out of any such area may show or make
provision for- (Amended 4 of 1991 s. 6)

(a) streets, railways and other main communications;
(b) zones or districts set apart for use for residential, commercial, industrial or other specified uses;
(c) reserves for Government, institution or community purposes;
(d) parks, recreation grounds and similar open spaces;
(e) zones or districts set apart for undetermined uses;
(f) comprehensive development areas; (Added 2 of 1988 s. 2)

*(g) country parks, coastal protection areas, sites of special scientific interest, green belts or other specified
uses that promote conservation or protection of the environment; (Added 4 of 1991 s. 6)

*(h) zones or districts set apart for use for village type development, agriculture or other specified rural
uses; (Added 4 of 1991 s. 6)

*(i) zones or districts set apart for use for open storage, (Added 4 of 1991 s. 6)
and any matter whatsoever may be shown or provided for or specified in or in respect of the plans by means of such
diagrams, illustrations, notes or descriptive matter as the Board thinks appropriate; and any such diagrams,
illustrations, notes and descriptive matter shall be part of the plans. (Replaced 59 of 1974 s. 2)

(2) The Board may recommend to the Chief Executive in Council the resumption of any land that interferes
with the lay-out of an area shown on a draft or approved plan or on a master lay-out plan approved under section 4A;
and resumption to avoid such interference shall be deemed to be resumption for a public purpose within the meaning
of the Lands Resumption Ordinance (Cap 124). (Amended 2 of 1988 s. 2; 29 of 1998 s. 44; 62 of 2000 s. 3)

(3) Except in the case of resumption under the said Ordinance no compensation shall be paid to the proprietor
or any person interested in any holding by reason of the fact that it lies within or is affected by any zone or district set
apart under subsection (1)(b).
_____________________________________________________________________________
Note:
* See 4 of 1991 s. 1(2) as to date of operation.

Section: 4A Comprehensive development areas 30/06/1997


(1) Without restricting what the Board may, under sections 3 and 4, show or make provision for in a plan, the
Board may, by a note on the plan, in respect of a comprehensive development area, prohibit the undertaking of any
building works, as defined in the Buildings Ordinance (Cap 123), except-

(a) as specified in the note; or
(b) with the permission of the Board, which permission may be granted by reference to a plan approved by

the Board under subsection (2).
(2) An applicant for the Board's permission under subsection (1)(b) may be required by the Board-

(a) to prepare a master lay-out plan and submit it to the Board for approval; and
(b) to include information in the master lay-out plan respecting building dimensions, floor area for each

use, building development programmes and any other matter the Board considers appropriate.
(3) A copy of the approved master lay-out plan, certified by the Chairman of the Board, shall be deposited in

the Land Registry and shall be available for inspection without payment of a fee. (Amended 8 of 1993 s. 2)
(Added 2 of 1988 s. 3)





Cap 131 - TOWN PLANNING ORDINANCE 5

Section: 5 Exhibition of draft plans L.N. 50 of 2005 10/06/2005


Any draft plan, prepared under sections 3 and 4 under the direction of the Board, which the Board deems
suitable for publication, shall be exhibited by the Board for public inspection at reasonable hours for a period of 2
months. During such period the Board shall advertise once a week in 2 daily Chinese language local newspapers and 1
daily English language local newspaper and shall notify in each issue of the Gazette the place and hours at which such
plan may be inspected. The Board shall supply a copy of such plan to any person on payment of such fee as the Board
may determine.

(Amended 26 of 1956 s. 2; 59 of 1969 s. 3; 2 of 1988 s. 4; 25 of 2004 s. 6)

Section: 6 Representations relating to draft plans L.N. 50 of 2005 10/06/2005


(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) shall—
(a) indicate—

(i) the particular matter in the draft 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 draft plan; and

(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.

(4) The Board shall, as soon as reasonably practicable after the expiration of the period of 2 months referred to
in subsection (1), make all representations made to it under that subsection available for public inspection at
reasonable hours, and shall continue to do so until the Chief Executive in Council has made a decision in respect of
the draft plan in question under section 9.

(5) In respect of any representations which are available for public inspection under subsection (4), the Board
shall cause a notice that complies with subsection (6) 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
representations are so available for public inspection.

(6) A notice referred to in subsection (5) shall—
(a) specify the place and hours at which the representations to which the notice relates are available for

public inspection under subsection (4); and
(b) indicate that comments may be made to the Board in respect of the representations under section 6A(1)

and specify the place and hours at which any comments so made will be available for public inspection
under section 6A(4).

(Replaced 25 of 2004 s. 7)

Section: 6A Comments on representations L.N. 50 of 2005 10/06/2005


(1) Within the first 3 weeks of the period during which any representation is available for public inspection
under section 6(4), any person may make comment to the Board in respect of the representation.

(2) Any comment referred to in subsection (1) shall be made in such manner as the Board requires.
(3) Where any comment referred to in subsection (1)—

(a) is made to the Board after the expiration of the period of 3 weeks referred to in subsection (1), it shall
be treated as not having been made; or

(b) does not comply with any of the requirements made under subsection (2), it may be treated as not
having been made.

(4) The Board shall, as soon as reasonably practicable after the expiration of the period of 3 weeks referred to
in subsection (1), make all comments made to it under that subsection available for public inspection at reasonable
hours, and shall continue to do so until the Chief Executive in Council has made a decision in respect of the draft plan



Cap 131 - TOWN PLANNING ORDINANCE 6

in question under section 9.
(Added 25 of 2004 s. 8)


Section: 6B Consideration of representations, etc. L.N. 50 of 2005 10/06/2005


(1) Where any representation is made under section 6(1), the Board shall hold a meeting to consider the
representation, as well as any comment made in respect of the representation under section 6A(1), as soon as
reasonably practicable after the expiration of the period of 3 weeks referred to in section 6A(1).

(2) The Board shall, in respect of any meeting to be held under subsection (1), give reasonable notice of
particulars of the meeting (including the date, time and place of the meeting) to—

(a) the person who made the representation to which the meeting relates under section 6(1); and
(b) the persons (if any) who made any comment in respect of the representation under section 6A(1).

(3) At a meeting held under subsection (1)—
(a) the person who made the representation to which the meeting relates under section 6(1); and
(b) the persons (if any) who made any comment in respect of the representation under section 6A(1),

are entitled to attend and to be heard, either in person or by an authorized representative.
(4) If, at a meeting held under subsection (1), any of the persons entitled to attend and to be heard at the

meeting under subsection (3) 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.

(5) Without prejudice to subsection (4), 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.

(6) The Board may direct that all or some of the representations made in respect of the draft plan in question
under section 6(1) shall be considered at the same meeting, whereupon such representations, as well as any comment
made in respect of any of such representations—

(a) shall be considered at the same meeting; and
(b) may be considered by the Board either individually or collectively as it may determine.

(7) Where—
(a) any meeting is adjourned under subsection (4) or (5); or
(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) Upon consideration of any representation, as well as any comment, at a meeting under subsection (1), the
Board shall decide whether or not to propose amendments to the draft plan in question in the manner proposed in the
representation or otherwise in the manner that, in the opinion of the Board, will meet the representation.

(Added 25 of 2004 s. 8)

Section: 6C Proposed amendments under section 6B(8) to be made

available for public inspection
L.N. 50 of 2005 10/06/2005



(1) Where the Board proposes any amendments under section 6B(8), the Board shall, as soon as reasonably
practicable after the amendments are proposed, make the proposed amendments available for public inspection at
reasonable hours, and shall continue to do so until the Chief Executive in Council has made a decision in respect of
the draft plan in question under section 9.

(2) In respect of any proposed amendments which are available for public inspection under subsection (1), the
Board shall 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 amendments are so available for public inspection.

(3) A notice referred to in subsection (2) shall—
(a) specify the place and hours at which the proposed amendments to which the notice relates are available

for public inspection under subsection (1); and
(b) indicate that further representations may be made to the Board in respect of the proposed amendments

under section 6D(1) and specify the place and hours at which any further representations so made will
be available for public inspection under section 6D(4).



Cap 131 - TOWN PLANNING ORDINANCE 7

(Added 25 of 2004 s. 8)

Section: 6D Further representations in respect of proposed

amendments
L.N. 50 of 2005 10/06/2005



(1) Where the Board proposes any amendments under section 6B(8), within the first 3 weeks of the period
during which the proposed amendments are available for public inspection under section 6C(1), any person, other than
that who has made any representation or comment after consideration of which the proposed amendments are
proposed under section 6B(8), may make further representation to the Board in respect of the proposed amendments.

(2) A further representation referred to in subsection (1) shall—
(a) indicate—

(i) the proposed amendments to which the further representation relates;
(ii) whether the further representation is made in support of, or in opposition to, the proposed

amendments; and
(iii) the reasons for the further representation; and

(b) be made in such manner as the Board requires.
(3) Where a further representation referred to in subsection (1)—

(a) is made to the Board after the expiration of the period of 3 weeks 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.

(4) The Board shall, as soon as reasonably practicable after the expiration of the period of 3 weeks referred to
in subsection (1), make all further representations made to it under that subsection available for public inspection at
reasonable hours, and shall continue to do so until the Chief Executive in Council has made a decision in respect of
the draft plan in question under section 9.

(Added 25 of 2004 s. 8)

Section: 6E Withdrawal of representations, etc. L.N. 50 of 2005 10/06/2005


(1) Any person who makes any representation under section 6(1), or makes any comment in respect of any such
representation under section 6A(1), may by notice in writing to the Board withdraw the representation or comment, as
the case may be, at any time before the representation or comment, as the case may be, has been considered at a
meeting under section 6B(1).

(2) Any person who makes any further representation under section 6D(1) may by notice in writing to the
Board withdraw the further representation at any time before the further representation has been considered at a
meeting under section 6F(1).

(3) Where any representation, comment or further representation is withdrawn under subsection (1) or (2)—
(a) the representation, comment or further representation, as the case may be, shall thereafter be treated as

not having been made; and
(b) in the case of the withdrawal of any representation, any comment made under section 6A(1) in respect

of the representation shall thereafter be treated as not having been made.
(Added 25 of 2004 s. 8)


Section: 6F Consideration of further representations in respect of

proposed amendments
L.N. 50 of 2005 10/06/2005



(1) Where any further representation is made under section 6D(1), the Board shall hold a meeting to consider
the further representation as soon as reasonably practicable after the expiration of the period of 3 weeks referred to in
that section.

(2) The Board shall, in respect of any meeting to be held under subsection (1), give reasonable notice of
particulars of the meeting (including the date, time and place of the meeting) to—

(a) the person who made the further representation to which the meeting relates under section 6D(1); and
(b) the person who made any representation or comment after consideration of which the proposed

amendments in question are proposed under section 6B(8).



Cap 131 - TOWN PLANNING ORDINANCE 8

(3) At a meeting held under subsection (1)—
(a) the person who made the further representation to which the meeting relates under section 6D(1); and
(b) the person who made any representation or comment after consideration of which the proposed

amendments in question are proposed under section 6B(8),
are entitled to attend and to be heard, either in person or by an authorized representative.

(4) If, at a meeting held under subsection (1), any of the persons entitled to attend and to be heard at the
meeting under subsection (3) 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.

(5) Without prejudice to subsection (4), 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.

(6) The Board may direct that all further representations made in respect of the proposed amendments in
question under section 6D(1) shall be considered at the same meeting, whereupon such further representations—

(a) shall be considered at the same meeting; and
(b) may be considered by the Board either individually or collectively as it may determine.

(7) Where—
(a) any meeting is adjourned under subsection (4) or (5); or
(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) Upon consideration of any further representation at a meeting under subsection (1), the Board shall decide
whether or not to amend the draft plan in question, either by the proposed amendments in question, or by the proposed
amendments as further varied in such manner as it considers appropriate.

(9) Where, in respect of any proposed amendments proposed under section 6B(8), any further representation is
made under section 6D(1) but no such further representation indicates under section 6D(2)(a)(ii) that it is made in
opposition to the proposed amendments—

(a) subsections (3) and (4) shall not have application to any meeting to be held under subsection (1) in
respect of any such further representation, and the other provisions of this section shall, with necessary
modifications, be construed and have application accordingly; and

(b) subsection (8) shall be construed as requiring the Board, upon consideration of any such further
representation, to amend the draft plan in question by the proposed amendments.

(Added 25 of 2004 s. 8)

Section: 6G Cases where there are no further representations in

respect of proposed amendments
L.N. 50 of 2005 10/06/2005



Where, in respect of any proposed amendments proposed under section 6B(8), no further representation is made
under section 6D(1) within the period of 3 weeks referred to in that section, the Board shall, as soon as reasonably
practicable after the expiration of the period, amend the draft plan in question by the proposed amendments.

(Added 25 of 2004 s. 8)

Section: 6H Effect of amendments under section 6F or 6G L.N. 50 of 2005 10/06/2005


(1) Where the Board amends a draft plan under section 6F(8) (whether with or without application of section
6F(9)) or 6G, the draft plan shall thereafter be read as including the amendments, and, for the avoidance of doubt, any
reference to the draft plan (however described) in this or any other Ordinance shall, unless the context otherwise
requires, be construed accordingly.

(2) Where any draft plan is read as including any amendments under subsection (1), the Board shall, as soon as
reasonably practicable thereafter, make the amendments available for public inspection at reasonable hours, and shall
continue to do so until the Chief Executive in Council has made a decision in respect of the draft plan under section 9.

(Added 25 of 2004 s. 8)




Cap 131 - TOWN PLANNING ORDINANCE 9

Section: 7 Amendment of draft plans by the Board L.N. 50 of 2005 10/06/2005


(1) Without prejudice to sections 6, 6A, 6B, 6C, 6D, 6E, 6F, 6G and 6H, the Board may, at any time after
exhibition of a draft plan under section 5 and before approval by the Chief Executive in Council under section 9, make
amendments to a draft plan. (Amended 62 of 2000 s. 3; 25 of 2004 s. 9)

(2) Every amendment to a draft plan made under this section shall be exhibited by the Board for public
inspection at reasonable hours for a period of 2 months and during such period the Board shall advertise once a week
in 2 daily Chinese language local newspapers and 1 daily English language local newspaper and shall notify in each
issue of the Gazette the amendment to the draft plan and the place and hours at which such amendment may be
inspected. (Amended 25 of 2004 s. 9)

(3) The Board shall supply a copy of an amendment to a draft plan made under this section to any person on
payment of such fee as the Board may determine.

(4) Where the Board makes any amendments to a draft plan under subsection (1)—
(a) subject to paragraph (b), sections 6, 6A, 6B, 6C, 6D, 6E, 6F, 6G and 6H shall apply, with necessary

modifications, to and in relation to the amendments as they apply to and in relation to a draft plan
exhibited under section 5; and

(b) sections 6, 6A, 6B, 6C, 6D, 6E, 6F, 6G and 6H shall so apply as if—
(i) 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 amendments are
exhibited under subsection (2);

(ii) each of the references to “the draft plan” in section 6(1) and (2)(a) were a reference to any of
the amendments;

(iii) the reference to “the representations made in respect of the draft plan in question under section
6(1)” in section 6B(6) were a reference to the representations made in respect of any of the
amendments under section 6(1) (as having application in the manner described in this
subsection);

(iv) the reference to “the draft plan in question” in section 6B(8) were a reference to the part or
parts of the draft plan that concerns or concern any area covered by the amendments to which the
representation in question and the comment in question (if any) relate;

(v) each of the references to “draft plan in question” in sections 6F(8) and (9)(b) and 6G, the first
and second references to “draft plan” in section 6H(1) and the first reference to “draft plan”
in section 6H(2) were a reference to the part or parts of the draft plan to which section 6B(8) (as
having application in the manner described in this subsection) has application; and

(vi) each of the references to “draft plan in question” in sections 6(4), 6A(4), 6C(1) and 6D(4), the
third reference to “draft plan” in section 6H(1) and the second reference to “draft plan” in
section 6H(2) remained a reference to the draft plan. (Replaced 25 of 2004 s. 9)

(5) For the avoidance of doubt, where sections 6, 6A, 6B, 6C, 6D, 6E, 6F, 6G and 6H have application in the
manner described in subsection (4), any reference to any of those provisions in this or any other Ordinance shall, with
necessary modifications, be construed accordingly. (Added 25 of 2004 s. 9)

(6) Subject as otherwise provided in this Ordinance, where the Board makes any amendments to a draft plan
under this section, the draft plan shall thereafter be read as including those amendments, and, for the avoidance of
doubt, any reference to the draft plan (however described) in this or any other Ordinance shall, unless the context
otherwise requires, be construed accordingly. (Added 25 of 2004 s. 9)

(Added 59 of 1969 s. 5)

Section: 8 Submission of considered draft plan to Chief Executive in

Council
L.N. 50 of 2005 10/06/2005



(1) Before the expiration of the period specified in subsection (2) in relation to a draft plan, the Board shall
submit the draft plan to the Chief Executive in Council for approval. (Replaced 25 of 2004 s. 10)

(1A) The Board shall submit a draft plan to the Chief Executive in Council under subsection (1) together with-
(a) a schedule of the representations (if any) made under section 6(1) in respect of the draft plan (whether

with or without any amendments made under this Ordinance) or any of the amendments made under



Cap 131 - TOWN PLANNING ORDINANCE 10

section 7 to the draft plan (whether with or without any amendments made under this Ordinance), and
the comments (if any) made under section 6A(1) in respect of any of such representations;

(b) a schedule of the further representations (if any) made under section 6D(1) in respect of any proposed
amendments to the draft plan (whether with or without any amendments made under this Ordinance);
and

(c) a schedule of the amendments (if any) made by the Board under this Ordinance to the draft plan
(whether with or without any amendments made under this Ordinance). (Added 25 of 2004 s. 10)

(2) A submission of a draft plan to the Chief Executive in Council under subsection (1) shall- (Amended 25 of
2004 s. 10)

(a) where there have been no amendments under section 7, be made before the expiration of a period of 9
months after the expiration of the period of 2 months mentioned in section 5; and

(b) where there have been amendments under section 7, be made before the expiration of a period of 9
months after the expiration both, of the period of 2 months mentioned in section 5 and of the period of
2 months mentioned in section 7,

or in either case, such further period, being not more than 6 months, after the expiration of either period of 9 months as
the Chief Executive may, on application by the Board, allow in any particular case. (Added 16 of 1998 s. 4. Amended
25 of 2004 s. 10)

Section: 9 Powers of Chief Executive in Council upon submission 62 of 2000 01/07/1997


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


(1) Upon submission of a draft plan the Chief Executive in Council may- (Amended 62 of 2000 s. 3)
(a) approve it;
(b) refuse to approve it;
(c) refer it to the Board for further consideration and amendment.

(2) The Chief Executive in Council may approve a draft plan notwithstanding that any requirements of this
Ordinance applicable thereto have not been complied with. (Amended 62 of 2000 s. 3)

(3) A draft plan approved as aforesaid is hereinafter referred to as an "approved plan".
(4) The Chief Executive in Council may by notification in the Gazette correct any omission from or error in

any approved plan. (Amended 62 of 2000 s. 3)
(5) On such approval being given the approved plan shall be printed and exhibited for public inspection at such

place as the Board may consider suitable and the fact of such approval and exhibition shall be notified in the Gazette.
(6) The Board shall supply a copy of any approved plan to any person on payment of such fee as the Board

may determine.

Section: 10 Refusal to approve plan 62 of 2000 01/07/1997


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


If the Chief Executive in Council refuses to approve a draft plan such refusal shall be notified in the Gazette; but
any such refusal shall be without prejudice to the preparation of a new draft plan and the submission of the same.

(Amended 62 of 2000 s. 3)

Section: 11 Deposit of copies of approved plan 30/06/1997


A copy of the approved plan, certified by the Chairman of the Board shall be deposited in the Land Registry and
shall be available for inspection without payment of any fee. The Land Registrar shall cause to be posted and
prominently displayed in the Land Registry notices in English and Chinese directing attention thereto.

(Amended 26 of 1956 s. 3; 8 of 1993 ss. 2 & 3)




Cap 131 - TOWN PLANNING ORDINANCE 11

Section: 12 Revocation, replacement and amendment of approved
plans

L.N. 50 of 2005 10/06/2005



(1) The Chief Executive in Council may- (Amended 62 of 2000 s. 3)
(a) revoke in whole or in part any approved plan; or
(b) refer any approved plan to the Board for-

(i) replacement by a new plan, or
(ii) amendment.

(2) Notification of any revocation or reference under subsection (1) shall be published in the Gazette and noted
by the Land Registrar on the copy of the plan deposited under section 11.

(3) Upon any reference under subsection (1)(b), a new plan in replacement of the plan referred or a plan
showing any amendments to the plan referred, as the case may be, shall be prepared, exhibited, considered, submitted,
approved and deposited in accordance with the foregoing provisions of this Ordinance in like manner as the plan the
new plan replaces or the amendments amend, as the case may be, and to this intent where the reference is under
subsection (1)(b)(ii)- (Amended 25 of 2004 s. 11)

(a) subject to paragraph (b), sections 3, 4, 4A, 5, 6, 6A, 6B, 6C, 6D, 6E, 6F, 6G, 6H, 7, 8, 9, 10 and 11
shall apply, with necessary modifications, to and in relation to the plan showing the amendments as
they apply to and in relation to a plan otherwise required to be prepared under section 3(1); and

(b) sections 3, 4, 4A, 5, 6, 6A, 6B, 6C, 6D, 6E, 6F, 6G, 6H, 7, 8, 9, 10 and 11 shall so apply as if-
(i) each of the references to "the draft plan" in section 6(1) and (2)(a) were a reference to any of the

amendments;
(ii) the reference to "the representations made in respect of the draft plan in question under section

6(1)" in section 6B(6) were a reference to the representations made in respect of any of the
amendments under section 6(1) (as having application in the manner described in this
subsection);

(iii) the reference to "the draft plan in question" in section 6B(8) were a reference to the part or parts
of the plan showing the amendments that concerns or concern any area covered by the
amendments to which the representation in question and the comment in question (if any) relate;
and

(iv) each of the references to "draft plan in question" in sections 6F(8) and (9)(b) and 6G, the first and
second references to "draft plan" in section 6H(1) and the first reference to "draft plan" in section
6H(2) were a reference to the part or parts of the plan to which section 6B(8) (as having
application in the manner described in this subsection) has application. (Amended 2 of 1988 s.
5)

(3A) For the avoidance of doubt, where sections 3, 4, 4A, 5, 6, 6A, 6B, 6C, 6D, 6E, 6F, 6G, 6H, 7, 8, 9, 10 and
11 have application in the manner described in subsection (3), any reference to any of those provisions in this or any
other Ordinance shall, with necessary modifications, be construed accordingly. (Added 25 of 2004 s. 11)

(4) A plan referred to the Board shall be replaced by the new plan or the plan showing the amendments as
approved under section 9, as the case may be. The Land Registrar shall endorse accordingly the copy of the plan
deposited under section 11 which has been replaced or amended.

(5) Any draft plan showing the amendments as prepared under sections 3 and 4 shall be deemed to be a draft
plan for the purposes of section 16(1)(d) of the Buildings Ordinance (Cap 123).

(Replaced 3 of 1958 s. 2. Amended 8 of 1993 s. 3; 25 of 2004 s. 11)

Section: 12A Amendment of plans on application to the Board L.N. 50 of 2005 10/06/2005


(1) Subject to subsection (2), any person may apply to the Board for consideration of any proposal in relation to
an original approved plan for the purposes of this section.

(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—



Cap 131 - TOWN PLANNING ORDINANCE 12

(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) 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 (16).

(7) In respect of any application referred to in subsection (6), the Board—
(a) shall cause a notice that complies with subsection (8) 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 (6); or

(b) shall cause a notice that complies with subsection (8) 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).

(8) A notice referred to in subsection (7)(a) or (b) shall—
(a) specify the place and hours at which the application to which the notice relates is available for public

inspection under subsection (6); and
(b) indicate that comments may be made to the Board in respect of the application under subsection (9)

and specify the place and hours at which any comments so made will be available for public inspection
under subsection (12).

(9) Within the first 3 weeks of the period during which any application is available for public inspection under
subsection (6), any person may make comment to the Board in respect of the application.

(10) Any comment referred to in subsection (9) shall be made in such manner as the Board requires.
(11) Where any comment referred to in subsection (9)—

(a) is made to the Board after the expiration of the period of 3 weeks referred to in subsection (9), it shall
be treated as not having been made; or

(b) does not comply with any of the requirements made under subsection (10), it may be treated as not
having been made.

(12) The Board shall, as soon as reasonably practicable after the expiration of the period of 3 weeks referred to
in subsection (9), 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
(16).

(13) Where—
(a) at any time after an application is made under subsection (1) but before consideration by the Board of

the application at a meeting under subsection (16), any further information is given to the Board by the



Cap 131 - TOWN PLANNING ORDINANCE 13

applicant to supplement the information included in the application; and
(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.

(14) Where the Board accepts any further information for the purposes of an application under subsection (13)—
(a) subject to paragraphs (b) and (c), the further information shall be regarded as having been included in

the application;
(b) subsection (6) 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 (15)—

(i) subsections (7), (8), (9), (10), (11) and (12) 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 (16), the application shall be regarded as received when the further
information is received.

(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 shall within 3 months after the receipt of an application made under subsection (1) hold a
meeting to consider the application.

(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) In considering an application at a meeting held under subsection (16), the Board shall also take into account
any comment made in respect of the application under subsection (9).

(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 shall—
(a) subject to paragraphs (b) and (c), request the Chief Executive in Council to refer the original approved

plan to the Board for amendment under section 12(1)(b)(ii);
(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 section 12(1)(b)(ii) but there is no relevant draft plan in
relation to the original approved plan—
(i) prepare the draft plan showing amendments to the original approved plan under sections 3 and 4

with reference to the application as so accepted;
(ii) make amendments to the relevant draft plan, when it is available, under section 7 with reference

to the application as so accepted; or
(iii) request the Chief Executive in Council to refer the relevant approved plan, when it is available,

to the Board for amendment under section 12(1)(b)(ii); 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 section 12(1)(b)(ii) and there is a relevant draft plan in
relation to the original approved plan—
(i) make amendments to the relevant draft plan under section 7 with reference to the application as

so accepted; or
(ii) request the Chief Executive in Council to refer the relevant approved plan, when it is available,

to the Board for amendment under section 12(1)(b)(ii).



Cap 131 - TOWN PLANNING ORDINANCE 14

(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;

“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
(b) a referred approved plan;

“referred approved plan” (被發還核准圖) means any plan referred to the Board for amendment under section
12(1)(b)(ii), except where a draft plan has further to the reference been approved under section 9;

“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 approved plan which has further to the reference of the plan to the Board for
amendment under section 12(1)(b)(ii) been approved as such by the Chief Executive in Council under section 9;

“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 plan to the Board for
amendment under section 12(1)(b)(ii) been exhibited under section 5.

(Added 25 of 2004 s. 12)

Section: 13 Approved plans to serve as standards 30/06/1997


Approved plans shall be used by all public officers and bodies as standards for guidance in the exercise of any
powers vested in them.

(Amended 3 of 1958 s. 3)

Section: 13A Works etc. authorized under Roads (Works, Use and

Compensation) Ordinance and scheme authorized under
Railways Ordinance

L.N. 390 of 1997 11/07/1997



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


Any works or use authorized under the Roads (Works, Use and Compensation) Ordinance (Cap 370) or any
scheme authorized under the Railways Ordinance (Cap 519) shall be deemed to be approved under this Ordinance,
whether or not those works or that use or that scheme form part of a plan approved by the Chief Executive in Council
under section 9.

(Added 37 of 1982 s. 39. Amended 59 of 1997 s. 47; 62 of 2000 s. 3)

Section: 14 Power to make regulations L.N. 130 of 2007 01/07/2007


Remarks:
For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative
Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.


(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)-



Cap 131 - TOWN PLANNING ORDINANCE 15

(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)

Section: 15 Expenses of the Board L.N. 50 of 2005 10/06/2005


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)

Section: 16 Applications for permission in respect of plans L.N. 50 of 2005 10/06/2005


(1) Where a draft plan or approved plan, whether prepared or approved before or after the commencement of
the Town Planning (Amendment and Validation) Ordinance 1974 (59 of 1974), provides for the grant of permission
for any purpose, an application for the grant of such permission shall be made to the Board.

(2) Any such application shall be addressed in writing to the secretary to the Board and shall— (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



Cap 131 - TOWN PLANNING ORDINANCE 16

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) shall 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

(b) shall 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). (Added 25 of 2004 s. 15)

(2E) A notice referred to in subsection (2D)(a) or (b) shall—
(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 after an application is made under subsection (1) but before consideration by the Board of

the application at a meeting under subsection (3), any further information is given to the Board by the
applicant to supplement the information included in the application; and

(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)
(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



Cap 131 - TOWN PLANNING ORDINANCE 17

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 shall not be a contravention of any approved plan or draft
plan prepared under this Ordinance. (Amended 2 of 1988 s. 6; 25 of 2004 s. 15)

(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)

(Added 59 of 1974 s. 3)

Section: 16A Amendments to permissions in respect of plans L.N. 50 of 2005 10/06/2005


(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—



Cap 131 - TOWN PLANNING ORDINANCE 18

“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)


Section: 17 Right of review L.N. 50 of 2005 10/06/2005


(1) Where 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 in writing 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)

(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) shall 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

(b) shall 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). (Added 25 of 2004 s. 17)

(2C) A notice referred to in subsection (2B)(a) or (b) shall—
(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 after an application is made under subsection (1) but before review of the decision in

question under this section, any further information is given to the Board by the applicant to
supplement the information included in the application; and

(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)
(2I) Where the Board accepts any further information for the purposes of an application under subsection (2H)



Cap 131 - TOWN PLANNING ORDINANCE 19


(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)
(Added 59 of 1974 s. 3)


Section: 17A Constitution of Appeal Board 25 of 1998; 62 of

2000
01/07/1997



Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2; 62 of 2000 s. 3


(1) The Chief Executive may appoint a panel of persons ("the Appeal Board panel") whom he considers
suitable to sit as members of an Appeal Board to hear an appeal under section 17B. (Amended 62 of 2000 s. 3)

(2) The Chief Executive shall not appoint- (Amended 62 of 2000 s. 3)
(a) a member of the Board;
(b) a public officer;
(c) a Justice of Appeal,

to the Appeal Board panel. (Replaced 14 of 1996 s. 2)
(2A) For the avoidance of doubt, in subsection (2), "public officer" (公職人員) 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



Cap 131 - TOWN PLANNING ORDINANCE 20

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)

Section: 17B Appeals 62 of 2000 01/07/1997


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


(1) An applicant who is aggrieved by a decision of the Board on a review under section 17 may appeal by
lodging, within 60 days after notification of the Board's decision under section 17(6), a notice of appeal setting out the
grounds for the appeal and such other particulars as may be prescribed.

(2) The appellant and the Board may appear before an Appeal Board in person, where applicable, or by an
authorized representative.

(3) No decision of an Appeal Board shall be questioned by virtue of the absence of a member of the Appeal
Board during the hearing of an appeal provided that member does not participate in the final decision of the Appeal
Board.

(4) The Chief Executive in Council may make regulations prescribing the procedures to be followed in making
an appeal, including matters to be set out in or to accompany the notice of appeal, the hearing of an appeal and the
determination of an appeal. (Amended 62 of 2000 s. 3)

(5) If a person mentioned in subsection (2) fails to appear on a date set for the hearing of an appeal, an Appeal
Board may proceed to hear any other party entitled to appear and may make its decision without hearing the absent



Cap 131 - TOWN PLANNING ORDINANCE 21

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)

Section: 17C Offences 30/06/1997


Any person who-
(a) is served with a summons under section 17B(6)(d) and who-

(i) refuses or neglects without sufficient cause to appear or to produce any document, record or
other thing required to be produced; or

(ii) refuses to be sworn or give evidence; or
(b) refuses to comply with an order of the Appeal Board under section 17B(6),

commits an offence and is liable to a fine of $50000.
(Added 101 of 1991 s. 4)


Section: 18 Amendment of diagrams, etc. 30/06/1997


(1) Where a draft plan prepared before the commencement of the Town Planning (Amendment and Validation)
Ordinance 1974 (59 of 1974), whether it has been approved under section 9 or not, contains, or is accompanied by,
diagrams, illustrations, notes or descriptive matter, the Board may, for the purpose of removing any uncertainty,-

(a) amend such diagrams, illustrations, notes or descriptive matter; or
(b) replace such diagrams, illustrations, notes or descriptive matter with such other diagrams, illustrations,

notes or descriptive matter as it thinks fit,
and the amended or new diagrams, illustrations, notes or descriptive matter shall be, and shall be deemed always
validly to have been, part of the plan.

(2) Where, pursuant to subsection (1), the Board amends or replaces any diagrams, illustrations, notes or
descriptive matter contained in, or accompanying, a draft plan which has been approved under section 9, the Board
shall notify the Land Registrar of the amendment or replacement and the Land Registrar shall make such amendment
of the copy of the plan deposited with him under section 11 as may be necessary. (Amended 8 of 1993 s. 3)

(3) Where the Board has amended or replaced any diagrams, illustrations, notes or descriptive matter under
subsection (1), the Board shall make such amended or new diagrams, illustrations, notes or descriptive matter
available for public inspection and shall publish in the Gazette a notice of the place and time at which the same may
be inspected.

(4) Notwithstanding any provision of this Ordinance, no objection shall be allowed to any amendment or
replacement made by the Board under subsection (1).

(Added 59 of 1974 s. 3)




Cap 131 - TOWN PLANNING ORDINANCE 22

Section: 19 Comprehensive development area validation 30/06/1997


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)

Section: 20 Development permission area plans 62 of 2000 01/07/1997


Expanded Cross Reference:

4A, 5, 6, 7, 8, 9, 10, 11, 12, 13, 13A



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


DEVELOPMENT PERMISSION AREAS


(1) In any draft plan prepared under section 3(1)(b), the Board shall designate any area of Hong Kong, as
directed by the Chief Executive, as a development permission area. (Amended 62 of 2000 s. 3)

(2) The Board shall not designate as a development permission area any area that is or was previously included
in a plan under this Ordinance, other than a plan prepared under section 26.

(3) A draft plan referred to in subsection (1) may as in section 4(1) show or make provision within the
development permission area for any of the matters specified in section 4(1) in relation to a plan prepared under
section 3(1)(a).

(4) Sections 4(3), 4A to 13A, 16 and 17 apply to a plan referred to in subsection (1) as they apply to a plan
prepared under section 3(1)(a).

(5) A plan referred to in subsection (1), whether or not it becomes an approved plan, is effective for a period of
3 years after notice of the draft plan is first published in the Gazette pursuant to section 5, but on the application of the
Board the Chief Executive in Council may, by a notice published in the Gazette before the end of the 3-year period,
extend the period for up to one additional year. (Amended 62 of 2000 s. 3)

(6) Except as provided in subsection (7)(a) and in the definition of "unauthorized development" in section 1A,
where land that is within a plan referred to in subsection (1) is included in a plan prepared under section 3(1)(a), the
plan referred to in subsection (1) ceases to be effective in relation to that land.

(6A) Notwithstanding that the plan referred to in subsection (1) ceases to be effective under subsection (6),
sections 16, 17 and 17B shall continue to apply to applications for permission submitted under section 16 during the
effective period of 3 years or the period of up to one additional year as extended by the Chief Executive in Council, as
referred to in subsection (5) until the right to be considered under section 16, right of review under section 17 and
right of appeal under section 17B have been exhausted, abandoned or have expired; and the Board or the Appeal
Board, as the case may be, shall consider under section 16, review under section 17 or hear an appeal under section
17B in respect of the applications to the extent as shown or provided for or specified in the plan referred to in
subsection (1). (Added 22 of 1994 s. 4. Amended 62 of 2000 s. 3)

(7) Where land that is within a plan referred to in subsection (1) is included in a plan prepared under section
3(1)(a), no person shall undertake or continue development on that land unless-

(a) the development was an existing use in relation to the plan prepared under this section;
(b) the development is permitted under the plan prepared under section 3(1)(a); or
(c) permission to do so has been granted under section 16 either before or after the land was included in

the plan prepared under section 3(1)(a).
(8) A person who contravenes subsection (7) commits an offence and is liable, in the case of a first conviction,

to a fine of $500000 and, in the case of a second or subsequent conviction, to a fine of $1000000. (Replaced L.N. 300
of 1995)

(Added 4 of 1991 s. 8)




Cap 131 - TOWN PLANNING ORDINANCE 23

Section: 21 Offence of unauthorized development 30/06/1997


(1) While a plan of a development permission area is effective, no person shall undertake or continue
development in the development permission area unless-

(a) the development is an existing use;
(b) the development is permitted under the plan of the development permission area; or
(c) permission to do so has been granted under section 16.

(2) A person who contravenes subsection (1) commits an offence and is liable, in the case of a first conviction,
to a fine of $500000 and, in the case of a second or subsequent conviction, to a fine of $1000000. (Replaced L.N. 300
of 1995)

(Added 4 of 1991 s. 8)

Section: 22 Power to inspect and require provision of information L.N. 50 of 2005 10/06/2005


(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 him enters any place under this section he may require
any person present at that place-

(a) to give details of his identity, name and address and produce his identity card issued under the
Registration of Persons Ordinance (Cap 177) for inspection by him; or

(b) who appears at the time to be reasonably responsible for or in charge of that place to give such
information or render such assistance as may be necessary to enable him to carry out his functions
under this section.

(6) A warrant issued under subsection (3) shall continue in force until the purpose for which the entry is
necessary has been satisfied.

(7) For the purposes of exercising any power or performing any duty under or for the purposes of section 20,
21 or 23, or determining whether there is or was any contravention of any of the provisions of section 20, 21 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 him to provide the relevant information to the Authority, within
the period specified in the notice. (Added 25 of 2004 s. 18)

(8) A person who-



Cap 131 - TOWN PLANNING ORDINANCE 24

(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)

Section: 23 Enforcement on land within a development permission

area
L.N. 50 of 2005 10/06/2005



(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, to the condition
it was in immediately before the development permission area became effective or to such other condition, more
favourable to the person served, as the Authority considers satisfactory.

(4) Where the 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



Cap 131 - TOWN PLANNING ORDINANCE 25

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 $500000; and in addition, to a fine of $50000 for each day,

after the date in the notice, during which the person continues to fail to so comply; and
(ii) in the case of a second or subsequent conviction, to a fine of $1000000; and in addition, to a fine of

$100000 for each day, after the date in the notice, during which the person continues to fail to so
comply. (Amended L.N. 300 of 1995; 14 of 1996 s. 4)

(7) Where, by the date specified in that regard in a notice under this section-
(a) 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,



Cap 131 - TOWN PLANNING ORDINANCE 26

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) he took all reasonable steps in the circumstances to comply with the notice;
(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 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;

(c) the unauthorized development which existed according to the opinion of the Authority in fact is
permitted under the plan of the development permission area or under a relevant plan of an interim
development permission area; or

(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 or approved plan exhibited under this Ordinance; and
(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)

(Added 4 of 1991 s. 8. Amended 25 of 2004 s. 19)

Section: 24 Review of Authority's decision L.N. 130 of 2007 01/07/2007


Remarks:
For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative
Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.


(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.



Cap 131 - TOWN PLANNING ORDINANCE 27

(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)

Section: 24A Evidence L.N. 50 of 2005 10/06/2005


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)

Section: 25 Delegation by Authority 30/06/1997


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)

Section: 26 Interim development permission areas 62 of 2000 01/07/1997


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


(1) Notwithstanding any other provision in this Ordinance, the Director of Planning-
(a) may prepare plans designating any area of Hong Kong as the Chief Executive may direct as an interim

development permission area and providing that development shall not be undertaken or continued in
such area otherwise than in conformity with such plans or with the permission of the Director of
Planning; (Amended 62 of 2000 s. 3)

(b) may, for the purposes of paragraph (a), on an application being made for permission, grant permission
in writing with or without conditions or refuse permission; and

(c) shall cause notice to be published in the Gazette of any such plan.
(2) Sections 4(1) and 4A shall apply to a plan prepared under subsection (1) as if the references in those

sections to a draft plan of the Board were references to a plan prepared under subsection (1) and the references to the
Board and the Chairman of the Board were references to the Director of Planning.

(3) Where land to which a plan prepared under subsection (1) relates is subsequently included in a plan
prepared under section 3, subsection (1) in so far as it requires conformity with such a plan or obtaining permission
from the Director of Planning shall not apply as regards that land.

(4) The Director of Planning shall not prepare a plan under subsection (1)(a) or cause a notice to be published
under subsection (1)(c) after the commencement of the Town Planning (Amendment) Ordinance 1991 (4 of 1991).

(Added 4 of 1991 s. 8)
________________________________________________________________________________
Note:
See 4 of 1991 s. 1(2) as to date of operation.

Section: 27 Board to supply copies of documents or materials L.N. 50 of 2005 10/06/2005


Where any document or material 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), the Board shall 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)




Cap 131 - TOWN PLANNING ORDINANCE 28

Section: 28 Transitional and saving provisions relating to Town
Planning (Amendment) Ordinance 2004

L.N. 50 of 2005 10/06/2005



(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)
________________________________________________________________________________
Note:
* Commencement date : 10 June 2005.

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