Cap. 28A 《土地(雜項條文)規例》Land (Miscellaneous Provisions) Regulations

生效中

版本日期: 2025-07-01

Cap. 28

Cap. 29

Land (Miscellaneous Provisions) Regulations

(29 of 1998 s. 15)

(Cap. 28, section 19)

[1 October 1972]

(Format changes—E.R. 2 of 2020)

1. Citation

These regulations may be cited as the Land (Miscellaneous Provisions) Regulations.

(29 of 1998 s. 15)

2. Fees for licences in Hong Kong, Kowloon and New Kowloon

(1)

The fee payable for a licence to occupy Government land in an area specified in column 2 of Part I of Schedule 1, for a purpose not specified in column 2 of Part II of that Schedule, shall be that specified in column 3 of Part I of that Schedule (hereinafter referred to as the urban area standard rate).

(2)

The fee payable for a licence to occupy Government land for a purpose specified in column 2 of Part II of Schedule 1, shall be that specified in column 3 of Part II of that Schedule.

(3)

Except in the case of a licence to occupy Government land for the purpose mentioned in item 7, 15, 18 or 19 of Part II of Schedule 1 or as otherwise provided, the minimum fee for a licence to occupy Government land in Hong Kong, Kowloon and New Kowloon shall be $10. (L.N. 33 of 1974)

(4)

For the purpose of item 1 of Part II of Schedule 1 the decision of the Authority as to whether other cultivation is 1st Class or 2nd Class shall be final.

(5)

For the purpose of item 9 of Part II of Schedule 1, the decision of the Authority as to whether any land will be or is being used for non-profit-making, charitable or welfare purposes shall be final.

(29 of 1998 s. 16)

3. Fees for licences in the New Territories

(1)

The fee payable for a licence to occupy Government land in the New Territories (excluding New Kowloon) for a purpose not specified in column 2 of Part II of Schedule 2, shall be that specified in Part I of that Schedule (hereinafter referred to as the New Territories standard rate).

(2)

The fee payable for a licence to occupy Government land in the New Territories (excluding New Kowloon) for a purpose specified in column 2 of Part II of Schedule 2, shall be that specified in column 3 of Part II of that Schedule.

(3)

Except in the case of a licence to occupy Government land for the purpose mentioned in item 6, 9, 14, 17 or 18 of Part II of Schedule 2 or as otherwise provided, the minimum fee for a licence to occupy Government land in the New Territories shall be $5. (L.N. 33 of 1974)

(4)

For the purpose of item 9 of Part II of Schedule 2, the decision of the Authority as to whether any land will be or is being used for non-profit-making, charitable or welfare purposes shall be final.

(29 of 1998 s. 16)

3A. Fees relating to excavation permits or emergency excavation permits

(1)

The fee payable for the issue under section 10A(1) of the Ordinance of, or extension under section 10A(3) or 10D(4) of the Ordinance in respect of, an excavation permit shall be—

(a)

where the permit relates to an excavation in unleased land which is a street maintained by the Highways Department, that specified in column 3 of Part I of Schedule 3 against the applicable description in column 2 of that Part;

(b)

where the permit relates to an excavation in unleased land, other than any street maintained by the Highways Department, that specified in column 3 of Part II of Schedule 3 against the applicable description in column 2 of that Part.

(2)

The fee payable for an emergency excavation made or maintained during the initial period referred to in section 10C(4) of the Ordinance shall be that specified in column 3 of Part III of Schedule 3 against the applicable description in column 2 of that Part.

(17 of 2003 s. 11)

4. Duplicate licences

The Authority may, if satisfied that a licence issued under the Ordinance has been lost or destroyed, issue a duplicate thereof upon payment of a fee of $5.

5. Calculation of fees

If a fee payable under these regulations includes—

(a)

a number of cents less than 50, the number of cents shall be disregarded;

(b)

50 or more cents, such number of cents shall be regarded as one extra dollar.

6. Boundaries of districts

(1)

The boundaries of any district specified in any Schedule shall be those shown on a map signed by the Director of Lands and lodged in the Lands Department. (L.N. 94 of 1986; L.N. 291 of 1993)

(2)

Any such map may be inspected free of charge during office hours by any person.

Schedule 1

[reg. 2]

Part I — Urban Area Standard Rates

Item		District		Fee
1.	Hong Kong—
	(a)	Northern Sector from Shau Kei Wan to Kennedy Town (inclusive)		$10 per sq. metre per annum
	(b)	Chai Wan and Aberdeen		$5 per sq. metre per annum
	(c)	Village areas		$2.50 per sq. metre per annum
	(d)	Remainder of District		$1.00 per sq. metre per annum
				(L.N. 320 of 1976)
2.	Kowloon			$10 per sq. metre per annum
			(L.N. 320 of 1976)
3.	New Kowloon—
	(a)	West of Sha Tin Pass Road (including Hong Kong Airport)		$10 per sq. metre per annum
	(b)	East of Sha Tin Pass Road to Kwun Tong		$10 per sq. metre per annum
	(c)	Cha Kwo Ling		$5 per sq. metre per annum
	(d)	Yau Tong		$5 per sq. metre per annum
	(e)	Lei Yue Mun		$2.50 per sq. metre per annum
			(L.N. 320 of 1976)

Part II — Special Rates

Item	Purpose			Fee
1.	Cultivation—
	(a)	Pleasure garden and flower growing		$1,250 per hectare per annum
	(b)	Grass growing		$250 per hectare per annum
	(c)	Other cultivation—1st class		$1,250 per hectare per annum
	(c)	2nd class		$625 per hectare per annum
	(d)	Temporary building erected on area (a), (b) or (c)		$1.00 per sq. metre per annum (Minimum fee $20 per annum)
			(L.N. 320 of 1976)

2.	Drying Ground (including any building permitted thereon)			1/4 of Urban Area Standard Rate
3.	(Repealed 17 of 2003 s. 12)
4.	Filling Station (including any building permitted thereon and any tank associated therewith)—
	(a)	One outlet—
		(i)	Central Town	$3,000 per annum
		(ii)	Town	$2,500 per annum
		(iii)	Suburb	$2,000 per annum
		(iv)	Country	$1,500 per annum
	(b)	Each additional outlet		$500 per annum
5.	Government building (including any land connected therewith)			Open market rental value
6.	Harbour service kiosk			$120 per annum
7.	Military encroachment			$1.00 per annum
8.	Miscellaneous encroachment considered by the Authority to be of a minor nature			$20 per annum

9.	Non-profit-making, charitable and welfare purposes (including any building permitted thereon)			$10 per annum

10.	Pier			1/4 of Urban Area Standard Rate
11.	Playground (including any building permitted thereon)			$250 per annum

12.	Removal permit (for removal of earth, turf or stone)			Variable rate, as determined by the Authority
13.	Shipbreaking			$10 per ship per day (Minimum fee $250)
14.	Slipway			1/4 of Urban Area Standard Rate
15.	Utility—
	(a)	Poles (for overhead lines), underground cables and mains		No fee
	(b)	Pylons (for overhead lines) having an envelope area being an area of land used for the base and foundations of the pylon tower including any additional area of land overhung by any structures or fixtures attached to the pylon tower		$10 per sq. metre of pylon envelope area per annum
	(c)	Any pipeline or cable laid through Government tunnels		$6 per 10 mm diameter per metre per annum
			(L.N. 32 of 1989)
16.	Vehicle Parking—
	(a)	Covered—
		(i)	not exceeding 60 m²	1/4 of Urban Area Standard Rate
		(ii)	exceeding 60 m²	Urban Area Standard Rate
	(b)	Open (including any building permitted thereon not exceeding 10 m²)		1/8 of Urban Area Standard Rate
			(L.N. 320 of 1976)
17.	Water Supply (including intakes, pipelines, wells, reservoirs, pumphouses, etc.)—
	(a)	Agricultural		$20 per annum per installation
	(b)	Domestic, industrial and commercial		$100 per annum per installation
18.	Works Contract (area occupied in connection with a Public Works Contract)			No fee

19.	Dumping			No fee
			(L.N. 33 of 1974)

Schedule 2

[reg. 3]

Part I — New Territories Standard Rate

30 cents per sq. metre per annum

Part II — Special Rates

Item		Purpose		Fee
1.	Cultivation—
	(a)	Pleasure Garden		$1,250 per hectare per annum
	(b)	Unimproved grazing and grass cutting		50 cents per hectare or part thereof per annum
	(c)	Cultivation (including flower and grass growing, fish pond, threshing floor, salt pan and like use)		$20 per hectare per annum
	(d)	Temporary building erected on (a), (b) or (c)		30 cents per sq. metre per annum
			(L.N. 320 of 1976)
2.	Drying Ground (including any building permitted thereon)			$1,250 per hectare per annum
			(L.N. 320 of 1976)
3.	(Repealed 17 of 2003 s. 13)
4.	Filling Station (including any building permitted thereon and any tank associated therewith)—
	(a)	One outlet		$1,500.00 per annum
	(b)	Each additional outlet		$500 per annum
5.	Government building (including any land connected therewith)			Open market rental value

6.	Military encroachment			$1.00 per annum
7.	Miscellaneous encroachment considered by the Authority to be of a minor nature			$10.00 per annum

8.	Motor boat service kiosk			$120.00 per annum
9.	Non-profit-making, charitable and welfare purposes (including any building permitted thereon)			$1.00 per annum

10.	Pier or slipway			10 cents per sq. metre per annum
		(L.N. 320 of 1976)
11.	Playground (including any building permitted thereon)			$250.00 per annum

12.	Removal permit (for removal of earth, turf or stone)			Variable rate, as determined by the Authority
13.	Shipbreaking			$10.00 per ship per day (Minimum fee $250.00)
14.	Utility—
	(a)	Poles (for overhead lines), underground cables and mains		No fee
	(b)	Pylons (for overhead lines) having an envelope area being an area of land used for the base and foundations of the pylon tower including any additional area of land overhung by any structures or fixtures attached to the pylon tower		$10 per sq. metre of pylon envelope area per annum
	(c)	Any pipeline or cable laid through Government tunnels		$6 per 10 mm diameter per metre per annum
		(L.N. 32 of 1989)
15.	Vehicle Parking—
	(a)	Covered		30 cents per sq. metre per annum
	(b)	Open (including any building thereon not exceeding 10 m²)		10 cents per sq. metre per annum
		(L.N. 320 of 1976)
16.	Water Supply (including intakes, pipelines, wells, reservoirs, pumphouses)—
	(a)	Agricultural		$10.00 per annum per installation
	(b)	Domestic		$25.00 per annum per installation
	(c)	Industrial and commercial		$50.00 per annum per installation
17.	Works Contract (area occupied in connection with a Public Works Contract)			No fee

18.	Dumping			No fee
		(L.N. 33 of 1974)

Schedule 3 — Fees

[reg. 3A]

Part I — Fees Payable in respect of Excavation Permits relating to Excavations in Unleased Land which is a Street Maintained by the Highways Department

Item	Description	Fee
1.	Issue or deemed issue of an excavation permit referred to in sections 10A(1) and 10D(2) of the Ordinance	$2,830 plus a daily fee of $46 per day for the whole duration of the excavation permit
2.	Extension in respect of an excavation permit referred to in sections 10A(3) and 10D(4) of the Ordinance	(a)$825 plus a daily fee of $46 per day for the whole duration of the extended period; and
		(b)economic costs in the following scale for the whole duration of the extended period—
		(i)$29,200 per day for a strategic street;
		(ii)$11,330 per day for a sensitive street;
		(iii)$2,310 per day for a remaining street.

Part II — Fees Payable in respect of Excavation Permits relating to Excavations in Unleased Land, other than Streets Maintained by the Highways Department

Item	Description	Fee
1.	Issue of an excavation permit referred to in section 10A(1) of the Ordinance	$4,110
2.	Extension in respect of an excavation permit referred to in section 10A(3) of the Ordinance	$525

Part III — Fees Payable in respect of Emergency Excavations in Unleased Land which is a Street Maintained by the Highways Department

Item	Description		Fee
1.	Emergency excavation made or maintained during the initial period referred to in section 10C(4) of the Ordinance		$2,830 plus a daily fee of $46 per day for the whole duration of the emergency excavation determined in accordance with section 10C(5) of the Ordinance

(Schedule 3 added 17 of 2003 s. 14. Amended L.N. 5 of 2015; L.N. 205 of 2018; L.N. 66 of 2025)