Landscape Architects Registration Ordinance


Published: 1997-06-30

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Cap 516 - LANDSCAPE ARCHITECTS REGISTRATION ORDINANCE 1

Chapter: 516 LANDSCAPE ARCHITECTS REGISTRATION
ORDINANCE

Gazette Number Version Date


Long title 30/06/1997


An Ordinance to provide for the registration of professional landscape architects and disciplinary control of the
professional activities of registered professional landscape architects, and for related matters.

[6 June 1997]


(Originally 55 of 1997)

Part: I PRELIMINARY 30/06/1997




Section: 1 Short title 30/06/1997


This Ordinance may be cited as the Landscape Architects Registration Ordinance.

Section: 2 Interpretation 10 of 2005 08/07/2005


(1) In this Ordinance, unless the context otherwise requires- (Amended 10 of 2005 s. 115)
"Board" (管理局) means the registration board established under section 3;
"Chairman" (主席) means the Chairman of the Board elected under section 5;
"Council" (理事會) means the Council of the Institute;
"disciplinary offence" (違紀行為) means an act or omission set out in section 20(1);
"inquiry committee" (研訊委員會) means an inquiry committee established under section 21;
"Institute" (學會) means The Hong Kong Institute of Landscape Architects established under The Hong Kong

Institute of Landscape Architects Incorporation Ordinance (Cap 1162);
"member of the Institute" (學會會員) means a person who is a Member or a Fellow under the constitution of the

Institute;
"register" (註冊紀錄冊) means the register established under section 7;
"Registrar" (註冊主任) means the Registrar appointed under section 10;
"registration committee" (註冊事務委員會) means a registration committee established under section 16;
"review committee" (覆核委員會) means a review committee appointed under section 25(2).

(2) For the purposes of sections 26(2) and 27(1), an appeal to the Court of Appeal shall be deemed to be finally
determined when the earliest of the following events occurs, whichever is applicable in the circumstances-

(a) when the appeal to the Court of Appeal is withdrawn or abandoned;
(b) when the specified period expires without an application for leave to appeal having been made to the

Court of Appeal;
(c) if, before the expiry of the specified period, an application for leave to appeal is made to the Court of

Appeal-
(i) when the application is withdrawn or abandoned;
(ii) if the application is refused, when the specified period expires without an application for leave to

appeal having been made to the Court of Final Appeal; or
(iii) if the application is granted, when the appeal to the Court of Final Appeal is withdrawn,

abandoned or disposed of; or
(d) if, before the expiry of the specified period, an application for leave to appeal is made to the Court of

Final Appeal-
(i) when the application is withdrawn, abandoned or refused; or
(ii) if the application is granted, when the appeal to the Court of Final Appeal is withdrawn,

abandoned or disposed of. (Added 10 of 2005 s. 115)
(3) In subsection (2)-



Cap 516 - LANDSCAPE ARCHITECTS REGISTRATION ORDINANCE 2

"application for leave to appeal" (上訴許可申請) means an application made to the Court of Appeal or the Court of
Final Appeal under section 24 of the Hong Kong Court of Final Appeal Ordinance (Cap 484) for leave to appeal
to the Court of Final Appeal from a judgment of the Court of Appeal;

"specified period" (指明限期)-
(a) in the case of an application for leave to appeal made to the Court of Appeal, means-

(i) subject to subparagraph (ii), the period of 28 days within which the notice of motion referred to
in section 24(2) of the Hong Kong Court of Final Appeal Ordinance (Cap 484) is required to be
filed; or

(ii) if, on an application made within the 28-day period referred to in subparagraph (i), the Court of
Appeal extends that period, the period as so extended; or

(b) in the case of an application for leave to appeal made to the Court of Final Appeal, means-
(i) subject to subparagraph (ii), the period of 28 days within which the notice of motion referred to

in section 24(4) of the Hong Kong Court of Final Appeal Ordinance (Cap 484) is required to be
filed; or

(ii) if, on an application made within the 28-day period referred to in subparagraph (i), the Court of
Final Appeal extends that period, the period as so extended. (Added 10 of 2005 s. 115)


Part: II LANDSCAPE ARCHITECTS REGISTRATION BOARD 30/06/1997




Section: 3 Constitution of the Board 57 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 57 of 1999 s. 3


(1) There is established a board to be known as the Landscape Architects Registration Board which shall be a
body corporate having perpetual succession and a common seal.

(2) The Board shall consist of not less than 10 members appointed by the Council and, in addition, may include
one member appointed by the Chief Executive. (Amended 57 of 1999 s. 3)

(3) The Chief Executive shall give notice in the Gazette of every appointment made under this section.
(Amended 57 of 1999 s. 3)

(4) The Council shall not appoint a person as a member of the Board unless he is a member of the Institute.

Section: 4 Tenure of office 57 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 57 of 1999 s. 3


(1) Members appointed by the Council-
(a) shall be appointed for 4 years or such lesser period as may be specified in the terms of appointment;
(b) may resign by giving notice in writing to the Board; and
(c) subject to subsection (2) may be reappointed.

(2) A member-
(a) who has been a member of the Board appointed by the Council continuously for 8 years; or
(b) whose period of service as a member of the Board appointed by the Council exceeds 8 years in any 10

year period,
may not be reappointed until a period of 2 years since he last served has elapsed when he shall be eligible for
reappointment as if he had not previously been appointed.

(3) The member appointed by the Chief Executive shall hold office at the discretion of the Chief Executive.
(Amended 57 of 1999 s. 3)

(4) If the Board is satisfied that a member of the Board appointed by the Council-
(a) has become bankrupt or has entered into a composition or scheme of arrangement with his creditors

within the meaning of the Bankruptcy Ordinance (Cap 6);
(b) has become so incapacitated by physical or mental illness as to be unable to carry out his duties as a



Cap 516 - LANDSCAPE ARCHITECTS REGISTRATION ORDINANCE 3

member;
(c) has ceased to be ordinarily resident in Hong Kong;
(d) has been sentenced to imprisonment, whether suspended or not, by any court or magistrate;
(e) has been found guilty of a disciplinary offence; or
(f) notwithstanding any of the other grounds for removal, is, in the opinion of the Board, unable or unfit to

carry out his functions as a member of the Board,
the Board may by notice in writing terminate his appointment.

(5) Where any member of the Board appointed by the Council is precluded by temporary absence or incapacity
from carrying out his functions as a member for any period or resigns, the Council may appoint another person to hold
office in place of such member-

(a) in the case of a temporary absence or incapacity, during the period of temporary absence or incapacity;
or

(b) in the case of a resignation, for the balance of the period for which the resigning member was due to
serve.


Section: 5 Chairman 30/06/1997


(1) The Board shall elect a Chairman and a Vice-chairman each year from among the members and not more
than 15 months shall elapse between the date of one election and the next.

(2) A member elected as Chairman or Vice-chairman under subsection (1) may at any time, by notice in writing
to the Board, resign from the office of Chairman or Vice-chairman.

Section: 6 Proceedings 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 Chairman, or in his absence, the Vice-chairman, may appoint the time and place for the Board to meet.
(2) The Registrar shall, or a member of the Board may, on the written requisition of not less than 2 members,

give notice of a meeting of the Board to be held not sooner than 7 days but within 28 days from the receipt of the
requisition and appoint the time and place for that purpose.

(3) The Board shall meet at least once every 6 months and as often as may be necessary to transact the business
of the Board.

(4) The Board shall not transact business at a meeting other than to adjourn unless there is a quorum of one-
third of the members of the Board present.

(5) The Board may make rules, not inconsistent with this section, setting out the procedures to be followed at
meetings.

(6) The Board shall lodge a copy of any rules made under subsection (5) with the Secretary for Development.
(Amended L.N. 106 of 2002; L.N. 130 of 2007)

Section: 7 Functions of the Board 30/06/1997


The Board shall-
(a) establish and maintain a register of registered landscape architects;
(b) set and review the qualification standards for registration as a registered landscape architect and related

registration matters;
(c) advise the Government and the Institute on registration matters;
(d) examine and verify the qualifications of persons who apply for registration as registered landscape

architects;
(e) receive, examine, accept or reject applications for registration and renewal of registration as a

registered landscape architect;
(f) deal with disciplinary offences in accordance with this Ordinance;
(g) keep proper records of its proceedings and accounts; and
(h) carry out such other functions as this Ordinance may prescribe.



Cap 516 - LANDSCAPE ARCHITECTS REGISTRATION ORDINANCE 4


Section: 8 Powers of the Board 30/06/1997


The Board may-
(a) set fees payable to it under this Ordinance;
(b) establish committees to advise the Board on the carrying out of the powers and duties of the Board;
(c) employ persons to assist with the carrying out of its functions under this Ordinance;
(d) from time to time engage such professional advisers as it may consider necessary or expedient;
(e) make rules for the conduct and discipline of registered landscape architects;
(f) make rules for the reimbursement of reasonable expenses incurred by persons attending to the business

of the Board;
(g) make further rules required under this Ordinance.


Section: 9 No fees payable to Board members 30/06/1997


No fees shall be paid to any member of the Board for his services as a member.

Part: III REGISTER AND CERTIFICATES 30/06/1997




Section: 10 Appointment and duties of Registrar 30/06/1997


(1) The Board shall appoint a person to be Registrar upon such terms and conditions as it thinks fit.
(2) The Registrar shall-

(a) be responsible for the custody of the register; and
(b) serve as secretary to the Board, and, subject to any rules made by the Board, the registration committee

and any inquiry committee.

Section: 11 Form of register 30/06/1997


(1) The Registrar shall, in accordance with the directions of the Board, keep the register in which he shall enter
in respect of every registered landscape architect-

(a) the name and address of the registered landscape architect;
(b) the qualification on which his registration is based; and
(c) any other details that the Board may direct.

(2) The register shall be available to any person for inspection free of charge at an office nominated from time
to time by the Board at such reasonable times as the Board may direct.

(3) A person whose name is entered in the register shall within 28 days notify the Registrar of any change in the
particulars prescribed by subsection (1).

(4) The Board shall not charge a fee to amend the register.

Section: 12 Qualifications for registration 30/06/1997


(1) The Board shall not register a person as a registered landscape architect unless-
(a) he-

(i) is a member of the Institute; or
(ii) is a member of a landscape architectural body the membership of which is accepted by the Board

as being of a standard not less than that of a member of the Institute; or
(iii) has passed such examination in landscape architecture and other subjects and has received such

training and experience as the Board may accept, either generally or in a particular case, as a
qualification of a standard not less than that of a member of the Institute; and

(b) he satisfies the Board that he has had 1 year's relevant professional experience in Hong Kong before
the date of his application for registration; and

(c) he is ordinarily resident in Hong Kong; and



Cap 516 - LANDSCAPE ARCHITECTS REGISTRATION ORDINANCE 5

(d) he is not the subject of an inquiry committee or a disciplinary order under Part IV which precludes him
from being registered under this Ordinance; and

(e) he satisfies the Board by declaration in writing that he is competent to practise as a landscape architect;
and

(f) he is a fit and proper person to be registered.
(2) Without limiting the effect of subsection (1)(f), the Board may refuse to register a person as a registered

landscape architect who-
(a) has been convicted in Hong Kong or elsewhere of any offence which may bring the profession into

disrepute and sentenced to imprisonment, whether suspended or not; or
(b) has committed misconduct or neglect in a professional respect.

(3) Where the Board is satisfied by an applicant that he is competent to practise landscape architecture and the
Board is later satisfied that the person is not competent to practise landscape architecture, the Board may refer the
matter to an inquiry committee who shall deal with it as if it was a complaint under section 21(1).

Section: 13 Application for registration 30/06/1997


(1) A person shall apply for registration as a registered landscape architect in such form and manner as the
Board may specify.

(2) An applicant shall pay to the Board at the time of lodging his application the fee for an application for
registration.

(3) The Board may, in its discretion, require an applicant to undertake a written examination under section
12(1)(a)(iii) of his knowledge of landscape architecture and professional matters.

Section: 14 Acceptance or refusal of registration 30/06/1997


(1) The Board may accept or reject an application for registration or renewal of registration under this
Ordinance.

(2) Where the Board accepts or rejects an application for registration or renewal of registration, the Registrar
shall act in accordance with rules made by the Board.

(3) Where the Board rejects an application for registration or renewal of registration, it shall give reasons for
the rejection.

Section: 15 Expiry of registration and renewal 30/06/1997


(1) The entry in the register of a person as a registered landscape architect under this Ordinance-
(a) shall remain in force for 12 months from the date when he was registered;
(b) may be renewed annually by application of the person so registered.

(2) A registered landscape architect shall apply for renewal of registration to the Registrar in the form specified
by the Board not earlier than 3 months and not later than 28 days prior to the expiry of the current registration.

(3) A registered landscape architect shall pay to the Board the fee for an application for renewal of registration
at the time of applying for renewal of registration.

(4) If a registered landscape architect does not apply for renewal of registration before the expiry of his current
registration-

(a) the Registrar shall, on the expiry of the current registration, note in the register that registration has not
been renewed; and

(b) the person shall be deemed not to be currently on the register from the date of expiry of his
registration.

(5) The Board may reject an application for renewal if it is satisfied that the applicant does not continue to
comply with the requirements for registration set out in section 12.

(6) Where a registered landscape architect fails to renew his registration within time, the Board may extend the
time for renewal of registration if the registered landscape architect pays to the Board the fee for the extension of time.

(7) Any grant of extension of time by the Board shall not affect any offence under any other Ordinance that the
person who has failed to renew on time may commit as a result of the failure.

(8) If the registration of a registered landscape architect has expired, the Board may require him to reapply for
registration instead of renewing his registration.



Cap 516 - LANDSCAPE ARCHITECTS REGISTRATION ORDINANCE 6


Section: 16 Registration committee 57 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 57 of 1999 s. 3


(1) The Board may appoint a registration committee of not less than 3 persons who are members of the Institute
to examine the qualifications of applicants.

(2) The Chief Executive may nominate a person to be a member of the registration committee, and, if a person
is so nominated, the Board shall appoint him to the committee. (Amended 57 of 1999 s. 3)

(3) The registration committee shall make recommendations to the Board on the acceptability of the
qualifications which require the Board's acceptance under section 12(1)(a)(ii) or (iii).

(4) The Board shall not be bound by a recommendation of the registration committee under subsection (3).
(5) The Board may delegate any of its functions relating to registration and the renewal of registration to the

registration committee.

Section: 17 Certificate of registration 30/06/1997


The Registrar may, on payment by a registered landscape architect to the Board of the fee, issue to the registered
landscape architect a certificate of registration or a certificate of renewal of registration in the form specified by the
Board.

Section: 18 Notice to Board on leaving Hong Kong 30/06/1997


A registered landscape architect shall notify the Board if he is likely to be absent from Hong Kong for a
continuous period of more than 6 months.

Section: 19 Removal of name from the register 10 of 2005 08/07/2005


(1) The Registrar may remove the name of a registered landscape architect from the register if he has notice
that the registered landscape architect has-

(a) died;
(b) applied to discontinue his registration;
(c) in the opinion of the Board, ceased to be ordinarily resident in Hong Kong;
(d) failed to renew his registration;
(e) ceased to hold a qualification by virtue of which he was registered; or
(f) failed to notify a change of details required under section 11(3).

(2) For the purpose of subsection (1)(c), if a registered landscape architect has failed to reside in Hong Kong
for a period of 2 years or more, the Board shall not consider him to be ordinarily resident in Hong Kong.

(3) Subject to section 26(2), the Registrar shall remove a name from the register if he receives an order of the
Court of Final Appeal, the Court of Appeal or an inquiry committee directing that the name be removed from the
register. (Amended 10 of 2005 s. 116)

(4) Where the Registrar intends to remove the name of a registered landscape architect from the register under
subsection (1)(c), (d), (e) or (f), he shall send notice of his intention by prepaid registered post to the registered address
of the registered landscape architect and shall not remove his name until the expiry of a period of 28 days after the
date of posting the notice.

(5) If the Registrar gives notice to a registered landscape architect that-
(a) the Board is of the opinion that he is not ordinarily resident in Hong Kong and, before the Registrar

acts to remove his name from the register, the registered landscape architect satisfies the Board that he
is ordinarily resident in Hong Kong;

(b) he has not applied to renew his registration and, before the Registrar acts to remove his name from the
register, the registered landscape architect properly applies to renew his registration;

(c) he has ceased to hold a qualification by virtue of which he was registered and, before the Registrar acts
to remove his name from the register, the registered landscape architect satisfies the Board that he
holds the qualification; or



Cap 516 - LANDSCAPE ARCHITECTS REGISTRATION ORDINANCE 7

(d) he has failed to notify a change in particulars required under section 11(3) and, before the Registrar
acts to remove his name from the register, the registered landscape architect takes such action as will
remedy the defect in the register,

the Registrar shall not remove the name from the register for the reason set out in the notice referred to in subsection
(4).

(6) If the name of a registered landscape architect is removed from the register, his registration is cancelled and
he shall return any certificate issued in respect of his registration to the Registrar.

(7) The Board shall not be liable to refund to a person any fee, or any part of any fee, on the removal of his
name from the register.

(8) The Registrar may correct any error apparent on the face of the register.

Part: IV DISCIPLINARY PROCEEDINGS 30/06/1997




Section: 20 Disciplinary offences 30/06/1997


(1) A registered landscape architect commits a disciplinary offence if he-
(a) commits misconduct or neglect in any professional respect;
(b) has been convicted of an offence under this Ordinance;
(c) has obtained registration under this Ordinance by fraud or misrepresentation;
(d) was not at the time of his registration under this Ordinance entitled to be registered;
(e) without reasonable excuse, fails to attend before an inquiry committee when summoned either as a

witness or as a person in respect of whom the inquiry committee is meeting; or
(f) has been convicted in Hong Kong or elsewhere of any offence which may bring the profession into

disrepute and sentenced to imprisonment, whether the sentence is suspended or not.
(2) If a person who has been guilty of misconduct or neglect in a professional respect or has been convicted of

an offence under this Ordinance or has been convicted of an offence likely to bring the profession into disrepute and
sentenced to imprisonment, informs the Board of such misconduct, neglect or conviction when he applies for
registration or renewal of registration and the Board subsequently accepts the person for registration or renewal of
registration, that person shall not, for the purposes of registration or renewal of registration, be considered as having
committed a disciplinary offence in respect of the disclosed misconduct, neglect or conviction.

(3) Where the Registrar receives a complaint concerning a disciplinary offence, the Registrar shall submit the
facts to 2 members of the Board appointed by the Board for the purpose, and the members, in consultation with the
Registrar, shall determine whether the complaint should be referred to the Board.

Section: 21 Inquiry committee and rules of conduct 30/06/1997


(1) The Board may refer any complaint concerning a disciplinary offence to an inquiry committee for decision,
and for that purpose the Board may establish an inquiry committee of not less than 3 members of the Institute to
determine whether or not the registered landscape architect against whom the complaint is made has committed a
disciplinary offence.

(2) The Board may make rules providing for the conduct of its inquiries by an inquiry committee and for other
matters relating to the investigation of an alleged disciplinary offence.

(3) The inquiry committee shall not proceed to hear evidence of a complaint concerning a disciplinary offence
unless the registered landscape architect in respect of whom the complaint is made is given 28 days' notice of the
complaint and the date, time and place of the hearing.

(4) The registered landscape architect referred to in subsection (3) shall be entitled to attend and hear all
evidence produced at the hearing and shall be provided with a copy of this Ordinance and any rules made under this
section.

(5) The Board may make rules for the rehearing of an inquiry by an inquiry committee.
(6) Where a registered landscape architect is alleged to have committed a disciplinary offence under section

20(1)(b) or (f), the inquiry committee-
(a) shall not be required to inquire whether the registered landscape architect was properly convicted of

the alleged offence; and
(b) may consider any record of the case in which a conviction was recorded and any other evidence which



Cap 516 - LANDSCAPE ARCHITECTS REGISTRATION ORDINANCE 8

is relevant as showing the nature and gravity of the offence.
(7) The inquiry committee may, in deciding whether a person has committed a disciplinary offence, have

regard to any code of professional conduct or practice promulgated by the Board or currently in use by the Institute.

Section: 22 Legal adviser 30/06/1997


The Board may appoint a legal practitioner to advise an inquiry committee and a review committee on any
points of law and procedure that arise before, during or after the inquiry.

Section: 23 Disciplinary order of inquiry committee 25 of 2008 11/07/2008


(1) Where an inquiry committee finds that a registered landscape architect committed a disciplinary offence, on
confirmation by a review committee of the finding, or on the variation of the finding or any proposed order based on
the recommendation of the review committee, the inquiry committee may make any one or more of the following
orders-

(a) order the Registrar to remove the name of the registered landscape architect from the register;
(b) order the Registrar to remove the name of the registered landscape architect from the register for such

period as the inquiry committee may think fit;
(c) reprimand the registered landscape architect in writing and order the Registrar to record the reprimand

on the register;
(d) order that an order made under this section be suspended, subject to such conditions as the inquiry

committee may think fit, for a period of not exceeding 2 years;
(e) order that the Board shall not accept an application from the registered landscape architect for

registration as a registered landscape architect either for a fixed period or until the registered landscape
architect satisfies the Board that he should be registered;

(f) order that the Chairman admonish the registered landscape architect orally;
(g) order the registered landscape architect to pay all or part of the costs of any of the Registrar, the Board

or the inquiry committee arising from the case if, but only if, the inquiry committee is satisfied that in
all the circumstances of the case it would be unjust and inequitable not to do so.

(2) Costs payable by virtue of an order under subsection (1)(g) shall be recoverable as a civil debt.
(3) The inquiry committee may-

(a) assess the amount of any costs to be payable by virtue of an order under subsection (1)(g); or
(b) order that those costs be taxed on the basis of any one of the scale of costs specified in Part I of

Schedule 1 to Order 62 of the Rules of the District Court (Cap 336 sub. leg. H), (Amended 25 of 2008
s. 19)

and the Schedules to Order 62 of the Rules of the High Court (Cap 4 sub. leg. A) shall, with all necessary
modifications, apply to the taxation and recovery of costs. (Amended 57 of 1999 s. 3)

(4) For the purposes of this Ordinance (including sections 25 and 28), any assessment or order under subsection
(3) shall be deemed to be part of the order under subsection (1)(g) to which it relates.

Section: 24 Powers in regard to obtaining of evidence and conduct at

inquiry
30/06/1997



(1) An inquiry committee shall have power-
(a) to hear, receive and examine evidence on oath;
(b) to summon any person to attend the inquiry either as the person whose conduct is the subject of the

inquiry or to give evidence or produce any document or other thing in his possession and to examine
him as a witness or require him to produce any document or other thing in his possession, subject to all
just exceptions;

(c) to admit or exclude the public or any member of the public from the inquiry;
(d) to admit or exclude the press from the inquiry;
(e) to award any person summoned to attend the inquiry as a witness such sum, to be paid from the funds

of the Board, as in the opinion of the inquiry committee has been reasonably expended by him in
connection with his attendance.

(2) The Registrar shall sign summonses to witnesses.



Cap 516 - LANDSCAPE ARCHITECTS REGISTRATION ORDINANCE 9

(3) No person shall be required to answer any question or produce any document or other thing which, in the
opinion of the inquiry committee, may tend to incriminate him.

(4) A witness shall, in respect of any evidence given by him before the inquiry committee, be entitled to the
same privileges to which he would be entitled if he were giving evidence in court.

Section: 25 Review of disciplinary orders 30/06/1997


(1) When an inquiry committee completes its hearing in respect of a disciplinary offence and makes a finding
that a disciplinary offence has been committed, the Registrar shall forthwith forward the inquiry committee's decision
and details of any order proposed to be made by the inquiry committee under section 23 to the Board for review.

(2) The Board shall appoint 3 of its members to sit with the Chairman as a review committee to review the
decision of the inquiry committee.

(3) The Board shall not appoint a member of the inquiry committee to be a member of the review committee.
(4) The review committee may-

(a) confirm the decision and any proposed order of the inquiry committee;
(b) reverse a finding of guilt by the inquiry committee;
(c) recommend that any proposed order made by the inquiry committee be varied; or
(d) remit the decision or any proposed order of the inquiry committee to the inquiry committee with

directions to reconsider the decision or proposed order or both.
(5) The inquiry committee shall comply with the directions and recommendation, if any, of the review

committee.

Section: 26 Service of orders of inquiry committee 10 of 2005 08/07/2005


(1) The Registrar shall serve a copy of any order made under section 23(1), together with a copy of the inquiry
committee's reasons, or serve notice that the inquiry committee has not found that the registered landscape architect
concerned committed a disciplinary offence, upon the registered landscape architect concerned, either personally or by
registered post addressed to his registered address immediately when the Registrar receives-

(a) the report of the review committee, unless the inquiry committee is to reconsider its decision; or
(b) any order of the inquiry committee reviewed under section 25(4)(d).

(2) The Registrar shall not remove the name of the registered landscape architect from the register before the
expiry of a period of 3 months after the date of service of the order under subsection (1) or, in the case of an appeal
made to the Court of Appeal against the order under section 28, before the appeal is finally determined. (Amended 10
of 2005 s. 117)

(3) Any person whose name has been removed from the register under this Ordinance may apply to the Board
for the restoration of his name to the register, and the Board may, after such inquiry and subject to such conditions as
it may consider desirable, allow or refuse the application.

(4) If the Board allows an application under subsection (3), it shall order the Registrar to restore the name of
the applicant to the register on payment by the applicant of the prescribed fee.

Section: 27 Publication of disciplinary orders 10 of 2005 08/07/2005


(1) After the expiry of the time within which an appeal may be made to the Court of Appeal under section 28
against an order of an inquiry committee made under section 23(1)(a), (b), (c), (d) or (e) or, if such an appeal has been
made, after the appeal is finally determined, the Board- (Amended 10 of 2005 s. 118)

(a) shall publish a copy of the order or, if the order is varied on appeal, the order as so varied in at least
one English and one Chinese language newspaper circulating daily in Hong Kong; and

(b) may publish the order or, if the order is varied on appeal, the order as so varied in any other
publication or manner as the Board thinks fit. (Amended 10 of 2005 s. 118)

(2) Where an order is published under subsection (1), the Board-
(a) shall publish with such order sufficient particulars to acquaint the public with the nature of the matter

to which the order relates; and
(b) may publish with such order an account of the proceedings of the inquiry committee.

(3) No action in damages for defamation shall lie against any person as a result of publishing an order and other
particulars required or permitted under this section.



Cap 516 - LANDSCAPE ARCHITECTS REGISTRATION ORDINANCE 10


Part: V APPEALS 30/06/1997




Section: 28 Appeal to Court of Appeal 10 of 2005 08/07/2005


(1) Any person who is aggrieved by any decision or order made in respect of him under section 14(1), 15(5) or
23(1) may appeal to the Court of Appeal. (Amended 10 of 2005 s. 119)

(2) The Court of Appeal may affirm, reverse or vary the decision or order appealed against. (Amended 10 of
2005 s. 119)

(3) Where a person appeals against an order of any inquiry committee, the Court of Appeal shall consider the
reasons of the inquiry committee and submissions upon the findings of fact and law of the inquiry committee made on
behalf of the parties to the inquiry and may call for the original record of the evidence taken and any document put in
evidence before the inquiry committee. (Amended 10 of 2005 s. 119)

(4) The Court of Appeal may, upon special grounds being shown, consider any additional evidence not
adduced before the inquiry committee.

(5) (Repealed 10 of 2005 s. 114)
(6) The practice in relation to any appeal shall be subject to any rules of court made under the High Court

Ordinance (Cap 4). (Amended 57 of 1999 s. 3)
(7) The Court of Appeal shall not have power to hear any appeal against a decision or order made under section

14(1), 15(5) or 23(1) unless-
(a) in the case of a decision made under section 14(1) or 15(5), notice of such appeal is given within 3

months after the applicant is notified in writing of the decision;
(b) in the case of an order made under section 23(1), notice of such appeal is given within 3 months of the

service of the order under section 26.
(8) In deciding any appeal under this section the Court of Appeal may make such order for the payment of

costs as it considers reasonable.

Part: VI USE OF TITLE 30/06/1997




Section: 29 Use of title 57 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 57 of 1999 s. 3


(1) A person whose name does not appear on the register shall not be entitled to describe himself as "landscape
architect" or "registered landscape architect" or to use the initials "R.L.A." after his name.

(2) Subject to subsection (4), the Board may apply to a judge for an order restraining any person whose name is
not on the register from describing himself as "landscape architect" or "registered landscape architect" or using the
initials "R.L.A.".

(3) A person whose name is not on the register may describe himself as a landscape architect if he describes
himself by reference to a membership of any body or institute of landscape architects formed outside Hong Kong
which description does not imply that he has the right to practise landscape architecture in Hong Kong under the
description of landscape architect. (Amended 57 of 1999 s. 3)

(4) Subject to subsection (3), a person including a firm or company shall not use the description of "landscape
architects" or "registered landscape architects" or the initials "R.L.A." unless-

(a) at each place where the person carries on the business of landscape architecture, the business is
conducted under the supervision of a registered landscape architect who does not act at the same time
in a similar capacity for any other person other than for a firm or company that has substantially the
same beneficial ownership and management as the person (where the person is a firm or company);

(b) where the person carries on a multidisciplinary practice, that business, so far as it relates to landscape
architecture, is under the full time control and management of a registered landscape architect who
does not act at the same time in a similar capacity for any other person other than for a firm or
company that has substantially the same beneficial ownership and management as the person (where



Cap 516 - LANDSCAPE ARCHITECTS REGISTRATION ORDINANCE 11

the person is a firm or company).

Part: VII OFFENCES AND EVIDENCE 30/06/1997




Section: 30 Offences and penalties 57 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 57 of 1999 s. 3


(1) Any person who-
(a) having been summoned by an inquiry committee to attend as a witness or to produce a document or

other thing under section 24 without reasonable excuse refuses or fails to do so;
(b) attends as a witness before an inquiry committee and, without lawful excuse, refuses or fails to answer

any question put to him by the inquiry committee;
(c) fraudulently obtains registration as a registered landscape architect for himself or any other person;
(d) obtains registration as a registered landscape architect for himself or any other person by means of any

misleading, false or fraudulent representation or statement, either orally or in writing;
(e) makes or causes to be made any falsification in the register;
(f) impersonates or falsely represents himself as being the person referred to in any certificate or

document presented to the Board or any inquiry committee in connection with its functions under this
Ordinance;

(g) falsely takes or uses any name, initials, title, addition or description implying that his name is entered
in the register;

(h) not being a registered landscape architect, knowingly permits the use of or uses in connection with his
business or profession the description-
(i) "landscape architect";
(ii) "registered landscape architect";
(iii) the initials "R.L.A."; or
(iv) any initials or abbreviations or words intended to cause, or which may reasonably cause, any

person to believe that the person using the initials or abbreviations is on the register;
(i) not being on the register, advertises or represents himself as a registered landscape architect or

knowingly permits himself to be so advertised or represented;
(j) holds himself out to be ordinarily resident in Hong Kong at the time of making an application for

registration when he is not so ordinarily resident,
commits an offence and is liable to a fine at level 5 and to imprisonment for 1 year.

(2) Subsection (1)(h) shall not apply in relation to the use by any member of any body or institute of landscape
architects formed outside Hong Kong who is not a registered landscape architect, of any description or initials which
he is entitled to use under the constitution of that body or institute if by such use he does not represent that his name is
entered on the register. (Amended 57 of 1999 s. 3)

Section: 31 Certificate as evidence 30/06/1997


A certificate, purporting to be signed by the Registrar, that the name of a person has or has not been entered in or
has been removed or ordered to be removed from the register shall for all purposes, without further proof, be evidence
of the facts stated in the certificate.

Section: 32 Saving 57 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 57 of 1999 s. 3


Nothing in this Ordinance shall affect or be deemed to affect the rights of the Central Authorities or the
Government of the Hong Kong Special Administrative Region under the Basic Law and other laws or the rights of any
body politic or corporate or of any other persons except such as are mentioned or referred to in this Ordinance and



Cap 516 - LANDSCAPE ARCHITECTS REGISTRATION ORDINANCE 12

those claiming by, through, from or under them.
(Amended 57 of 1999 s. 3)

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