Cap. 131 《城市規劃條例》Town Planning Ordinance

In this Ordinance, unless the context otherwise requires— (Amended 25 of 2023 s. 41)

For the purposes of this Ordinance—

For the purposes of this Ordinance, subject to subsection (4), if a part of a partly approved plan is not an approved part (subject part), the subject part is the outstanding part of the plan. (Added 25 of 2023 s. 41)

If there is more than one subject part in respect of a partly approved plan, the subject parts together constitute the outstanding part of the plan. (Added 25 of 2023 s. 41)

If the outstanding part (or any part of the outstanding part) of a plan is amended by the Board under this Ordinance, except otherwise provided in this Ordinance, a reference to the outstanding part of the plan is a reference to that part as amended. (Added 25 of 2023 s. 41)

For the purposes of this Ordinance—

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)

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.

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)

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)

The Board may delegate any of its powers and functions—

and, for the avoidance of doubt, the provisions of this Ordinance are, with necessary modifications, to be construed and have application accordingly. (Added 4 of 1991 s. 4. Amended 25 of 2004 s. 3; 25 of 2023 s. 42)

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)

A committee appointed under this section shall consist of not less than 5 members, at least 3 of whom are not public officers. (Amended E.R. 1 of 2021)

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.

The quorum for a committee is the Chairman or Deputy Chairman and 2 members.

Notwithstanding subsection (4), a committee shall not meet or continue to meet unless a majority of those present are not public officers.

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.

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.

Any member of the Board or of a committee appointed under section 2(3) or 2A may require any business which is being transacted by the circulation of papers under subsection (1) to be transacted at a meeting of the Board or of the committee, as the case may be, by giving a notice in writing to the chairman of the Board or of the committee, as the case may be, within the period specified in the papers.

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.

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.

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.

Subsection (1) does not apply to—

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.

Without affecting subsection (3), the Board may determine—

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—

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.

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)

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)

The Board may recommend to the Chief Executive in Council the resumption of any land that interferes with the lay-out of an area shown on a draft plan, approved plan or partly approved plan, or on a master lay-out plan approved under section 4A; and resumption to avoid such interference is taken to be resumption for a public purpose within the meaning of the Lands Resumption Ordinance (Cap. 124). (Amended 2 of 1988 s. 2; 29 of 1998 s. 44; 62 of 2000 s. 3; 25 of 2023 s. 44)

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).

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—

An applicant for the Board’s permission under subsection (1)(b) may be required by the Board—

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)

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.

A representation referred to in subsection (1) must— (Amended 25 of 2023 s. 46)

Where a representation referred to in subsection (1)—

If, in the opinion of the Board, any reason for the representation is a reason concerning compensation or assistance relating to, or arising from, any of the following matters—

the representation, to the extent that it is made for that reason, may be treated by the Board as not having been made. (Added 25 of 2023 s. 46)

For the purposes of subsection (3A), a reason concerning compensation or assistance relating to, or arising from, any of the matters mentioned in subsection (3A)(a) and (b) includes—

The Board must, as soon as reasonably practicable after a representation is made under subsection (1), make the representation available for public inspection at reasonable hours, and must continue to do so until the Chief Executive in Council has made a decision under section 9 in respect of the plan or the subject part of the plan. (Amended 25 of 2023 s. 46)

(Repealed 25 of 2023 s. 46)

In this section—

If a person makes a representation under section 6(1), the Board must, as soon as reasonably practicable after the period of 2 months mentioned in that section expires, hold a meeting to consider the representation. (Replaced 25 of 2023 s. 48)

For the purposes of subsection (1), the Board must give reasonable notice of the particulars of the meeting (including the date, time and place of the meeting) to the person who makes the representation (Person A). (Replaced 25 of 2023 s. 48)

Person A is entitled to attend and to be heard at the meeting. (Replaced 25 of 2023 s. 48)

If Person A is not a natural person, Person A may authorize a natural person to attend the meeting on Person A’s behalf. (Replaced 25 of 2023 s. 48)

If—

Person A may authorize another natural person to attend the meeting on Person A’s behalf. (Added 25 of 2023 s. 48)

If neither Person A nor the person authorized under subsection (4) or (4A) by Person A attends the meeting, the Board may—

Without prejudice to subsection (4B), where the Board is satisfied that there are reasonable grounds to do so, it may adjourn any meeting held or to be held under subsection (1) to such date as it considers appropriate. (Amended 25 of 2023 s. 48)

If there is more than one representation under section 6(1) in respect of the plan in question—

Where—

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.

After considering any representation under this section, the Board must decide whether or not—

If the Board proposes any amendment under section 6B(8), the Board must, as soon as reasonably practicable after the amendment is proposed, make the proposed amendment available for public inspection at reasonable hours, and must continue to do so until the Chief Executive in Council has made a decision under section 9 in respect of the plan or the subject part of the plan. (Replaced 25 of 2023 s. 49)

For any proposed amendment that is made available for public inspection under subsection (1), the Board must—

A notice referred to in subsection (2)(a) or (b) must— (Amended 25 of 2023 s. 49)

In this section—

If the Board proposes any amendment under section 6B(8), within the first 3 weeks of the period during which the proposed amendment is made available for public inspection under section 6C(1) (first 3 weeks), any person may make a further representation to the Board in respect of the proposed amendment. (Replaced 25 of 2023 s. 50)

A further representation referred to in subsection (1) must— (Amended 25 of 2023 s. 50)

If the further representation is made to the Board after the first 3 weeks expires, the further representation is to be treated as not having been made. (Replaced 25 of 2023 s. 50)

If the further representation does not comply with any of the requirements specified in or made under subsection (2), the further representation may be treated as not having been made. (Added 25 of 2023 s. 50)

If, in the opinion of the Board, any reason for the further representation is a reason concerning compensation or assistance relating to, or arising from, any of the following matters—

the further representation, to the extent that it is made for that reason, may be treated by the Board as not having been made. (Added 25 of 2023 s. 50)

For the purposes of subsection (3B), a reason concerning compensation or assistance relating to, or arising from, any of the matters mentioned in subsection (3B)(a) and (b) includes—

The Board must, as soon as reasonably practicable after a further representation is made under subsection (1), make the further representation available for public inspection at reasonable hours, and must continue to do so until the Chief Executive in Council has made a decision under section 9 in respect of the plan or the subject part of the plan. (Amended 25 of 2023 s. 50)

In this section—

This section applies if—

The person may, by written notice to the Board, withdraw the representation or further representation (as the case requires).

After a representation or further representation is withdrawn under subsection (2), the representation or further representation (as the case requires) is to be treated as not having been made.

If a person makes a further representation under section 6D(1), the Board must, as soon as reasonably practicable after the period of 3 weeks referred to in that section expires, hold a meeting to consider the further representation. (Replaced 25 of 2023 s. 52)

(Repealed 25 of 2023 s. 52)

Where the Board is satisfied that there are reasonable grounds to do so, it may adjourn any meeting held or to be held under subsection (1) to such date as it considers appropriate. (Amended 25 of 2023 s. 52)

If there is more than one further representation under section 6D(1) in respect of the proposed amendment in question—

Where—

the provisions of this section also apply, with necessary modifications, to the meeting so adjourned or the meeting held in accordance with the direction, as the case may be, save to the extent that the Board otherwise directs. (Amended 25 of 2023 s. 52)

Subject to subsection (9), after considering any further representation under this section, the Board must decide—

If, in respect of any proposed amendment proposed under section 6B(8)—

the Board must decide to amend the plan in question by the proposed amendment. (Replaced 25 of 2023 s. 52)

If the Board amends a plan under section 6F or 6G—

If, because of subsection (1), a plan is read as including an amendment, the Board—

Without affecting sections 6, 6B, 6C, 6D, 6E, 6F, 6G and 6H, the Board may, at any time—

make any amendment to the plan or the part (as the case requires). (Replaced 25 of 2023 s. 55)

Every amendment made under subsection (1) must be exhibited by the Board for public inspection at reasonable hours for a period of 2 months and during such period the Board must advertise once a week in 2 daily Chinese language local newspapers and 1 daily English language local newspaper and must notify in each issue of the Gazette the information specified in subsection (2A). (Amended 25 of 2004 s. 9; 25 of 2023 s. 55)

The information is—

The Board must also publish the information specified in subsection (2A) on the Board’s website during the 2-month period referred to in subsection (2). (Added 25 of 2023 s. 55)

The Board must supply a copy of an amendment made under subsection (1) to any person on payment of such fee as the Board may determine. (Amended 25 of 2023 s. 55)

If the Board makes an amendment under subsection (1), sections 6, 6B, 6C, 6D, 6E, 6F, 6G and 6H apply, with necessary modifications, to and in relation to the amendment. (Replaced 25 of 2023 s. 55)

Without affecting subsection (4), if the Board makes an amendment under subsection (1), sections 6, 6B, 6C, 6D, 6E, 6F, 6G and 6H are to so apply as if—

For the avoidance of doubt, where sections 6, 6B, 6C, 6D, 6E, 6F, 6G and 6H have application in the manner described in subsections (4) and (4A), any reference to any of those provisions in this or any other Ordinance is, with necessary modifications, to be construed accordingly. (Added 25 of 2004 s. 9. Amended 25 of 2023 s. 55)

Subject as otherwise provided in this Ordinance, if the Board makes any amendment to a plan under subsection (1)—

Before the specified period in relation to a draft plan expires, the Board must submit the plan to the Chief Executive in Council—

Subsection (1)(b) however does not apply to a plan to which this Ordinance applies because of section 25(7) of the Urban Renewal Authority Ordinance (Cap. 563).

The Board must submit the plan to the Chief Executive in Council under subsection (1) together with—

For submission of a plan to the Chief Executive in Council under subsection (1)(a), the specified period is, subject to subsection (6)—

For submission of a plan to the Chief Executive in Council under subsection (1)(b), the specified period is, subject to subsection (6)—

If the period of 5 months mentioned in subsection (4)(a) or (b)(i) or (ii) or (5)(a) or (b)(i) or (ii) (5-month period) is extended under subsection (7) or (8)(a) or (b), the specified period is to be the period extended under subsection (7) or (8)(a) or (b) (as the case requires) for the submission.

If the Secretary for Development considers it appropriate to do so in a particular case, the Secretary may extend the 5-month period for 2 months (2-month period).

If, in respect of a particular case, the Secretary is satisfied that exceptional circumstances exist, the Secretary may—

In this section—

On submission of a plan under section 8(1)(a) for approval, the Chief Executive in Council may—

On submission of a plan under section 8(1)(b) for approval of the submitted part, the Chief Executive in Council may—

The Chief Executive in Council may approve a plan under subsection (1)(a), or the submitted part of a plan under subsection (2)(a), even though a requirement of this Ordinance that is applicable to the plan, or to the submitted part, has not been complied with.

In this section—

This section applies if a plan is referred to the Board under section 9(1)(c) or (2)(c).

For a referral under section 9(1)(c), the Board may make amendment under section 7 to any part of the plan.

For a referral under section 9(2)(c), the Board may make amendment under section 7 to the specified part of the plan.

Subject to subsection (5), section 7 applies, with necessary modifications, for the purposes of this section.

Section 7(1) is to be construed as if the words “Without affecting sections 6, 6B, 6C, 6D, 6E, 6F, 6G and 6H,” were omitted.

If any amendment is made by the Board under section 7 (as applied by this section), subject to subsection (7), sections 8 and 9 apply, with necessary modifications, to the plan or the part or parts of the plan for which approval of the Chief Executive in Council is sought.

In applying section 8(3), the Board must submit the plan together with—

In this section—

Subsections (2) and (3) apply if a draft plan (subject plan) becomes a partly approved plan.

Sections 7, 8, 9 and 9A apply, with necessary modifications, to the outstanding part of the subject plan as if the outstanding part itself were a draft plan.

Without affecting subsection (2), section 7(1) is to apply as if—

If, but for this section, section 9A would have applied in relation to an amendment to a plan, section 9A continues to apply to the amendment as if this section had not been enacted.

This section applies if a plan or a part of a plan is approved under section 9.

As soon as reasonably practicable after approval is given to a plan or a part of a plan under section 9, the Board—

On payment by a person of the fee the Board determines, the Board must provide a copy of the approved plan or partly approved plan to the person.

This section applies if the Chief Executive in Council refuses to approve a plan or a part of a plan under section 9.

The Board must notify the refusal in the Gazette.

The refusal does not prevent the preparation of a new draft plan and its submission under this Ordinance.

After a plan or a part of a plan is approved under section 9, the Chairman of the Board is to cause a copy of the approved plan or partly approved plan, that is certified by the Chairman, to be deposited in the Land Registry.

Every copy deposited under subsection (1) is to be made available by the Land Registrar for public inspection free of charge.

After a copy of the plan is deposited in the Land Registry (fact), the Land Registrar must cause a notice, in both the English language and the Chinese language, to be displayed in a prominent place in the Land Registry informing members of the public of the fact.

The Chief Executive in Council may revoke in whole or in part—

The Secretary for Development may—

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

Upon any reference under subsection (1A), a new plan in replacement of the plan referred or a plan showing any amendment to the plan referred or to the referred part, as the case requires, must be prepared, exhibited, considered, submitted, approved and deposited in accordance with the foregoing provisions of this Ordinance in like manner as the plan the new plan replaces or the amendment amends, as the case requires, and to this intent where the reference is under subsection (1A)(a)(ii) or (b)— (Amended 25 of 2004 s. 11; 25 of 2023 s. 59)

For the avoidance of doubt, where the specified provisions have application in the manner described in subsection (3), any reference to any of those provisions in this or any other Ordinance is, with necessary modifications, to be construed accordingly. (Added 25 of 2004 s. 11)

If a plan has been referred to the Board under subsection (1A) (referred plan) for amendment, and consequent on the referral, a part of the plan prepared under subsection (3) (first subsection (3) plan) because of the referral is refused under section 9 (as applied by this section), the part of the referred plan that is covered by the part so refused forms part of the first subsection (3) plan and is taken to be an approved part of the first subsection (3) plan (specified approved part). (Added 25 of 2023 s. 59)

A plan showing amendment to a specified approved part (subsequent plan) must be prepared under subsection (3) (as modified by subsection (3D)). (Added 25 of 2023 s. 59. Amended E.R. 4 of 2023)

For the purposes of subsection (3C)—

For the purposes of subsection (3C), if a part of a subsequent plan is refused under section 9 (as applied by this section), the part of the first subsection (3) plan that is covered by the part so refused forms part of the subsequent plan and is taken to be an approved part of the subsequent plan. (Added 25 of 2023 s. 59)

To avoid doubt, a plan any part of which is taken to be an approved part under subsection (3B) or (3E) is not required to be referred to the Board under subsection (1A) for amendment of that part. (Added 25 of 2023 s. 59)

If—

the original plan or the original part of the original plan, as the case requires, is to be read with the latest approved part. (Added 25 of 2023 s. 59)

If, in relation to a first subsection (3) plan, a subsequent plan is prepared under subsection (3) and a part of the subsequent plan is approved under section 9 (as applied by this section) (subsequent approved part), the original plan or the original part of the original plan (as the case requires) is to be read with the subsequent approved part. (Added 25 of 2023 s. 59)

A plan referred to the Board is to be replaced by the new plan or the plan showing the amendment as approved under section 9, as the case requires. The Land Registrar must endorse accordingly the copy of the plan deposited under section 11 which has been replaced or amended.

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

Subject to subsection (2), an eligible person may apply to the Board for consideration of any proposal in relation to—

Where at the time when an application is made under subsection (1)—

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.

An application made under subsection (1) shall—

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.

Notwithstanding subsection (16), the Board may refuse to consider an application made under subsection (1) where—

(Repealed 25 of 2023 s. 60)

Where—

the Board may accept the further information for the purposes of the application.

The Board must not accept any further information given by the applicant to the Board for the purposes of the application if the further information is given at a time not falling within a specified period. (Added 25 of 2023 s. 60)

Where the Board accepts any further information for the purposes of an application under subsection (13)—

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).

The Board must within 2 months after the receipt of an application made under subsection (1) hold a meeting to consider the application. (Amended 25 of 2023 s. 60)

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.

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.

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—

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.

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.

(Repealed 25 of 2023 s. 60)

Upon consideration of an application at a meeting under subsection (16), the Board may—

Where the Board accepts, in whole or in part, an application under subsection (23)(a), the Board must— (Amended 25 of 2023 s. 60)

The Board may, by notice published in the Gazette, specify one or more than one period during which an applicant may give further information to the Board to supplement the information included in the application. (Added 25 of 2023 s. 60)

A notice published under subsection (24A) is not subsidiary legislation. (Added 25 of 2023 s. 60)

In this section—

The Chief Executive in Council may make regulations— (Amended 62 of 2000 s. 3; 25 of 2004 s. 13)

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)

Any fees prescribed under subsection (2) for the purposes of section 12A(3)(c), 16(2)(c) or 16A(3)(b)—

Any regulation made under subsection (2) may—

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)

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)

Where a draft plan, partly approved plan or approved plan, whether prepared or approved before or after the commencement* of the Town Planning (Amendment and Validation) Ordinance 1974 (59 of 1974), provides for the grant of permission for any purpose, an application for the grant of such permission must be made to the Board. (Amended 25 of 2023 s. 62)

Any such application shall be addressed in writing to the secretary to the Board and shall— (Amended 25 of 2004 s. 15)

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)

Notwithstanding subsection (3), the Board may refuse to consider an application made under subsection (1) where—

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)

In respect of any application referred to in subsection (2C), the Board—

A notice referred to in subsection (2D)(a) or (b)(i) or (ii) must— (Amended 25 of 2023 s. 62)

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)

Any comment referred to in subsection (2F) shall be made in such manner as the Board requires. (Added 25 of 2004 s. 15)

Where any comment referred to in subsection (2F)—

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)

Where—

the Board may accept the further information for the purposes of the application. (Added 25 of 2004 s. 15)

The Board must not accept any further information given by the applicant to the Board for the purposes of the application if the further information is given at a time not falling within a specified period. (Added 25 of 2023 s. 62)

Where the Board accepts any further information for the purposes of an application under subsection (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 (2J) from subsection (2K)(c). (Added 25 of 2004 s. 15)

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)

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)

The Board may grant permission under subsection (3) only to the extent shown or provided for or specified in the plan.

Any permission granted under subsection (3) may be subject to such conditions as the Board thinks fit.

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.

For the purposes of section 16(1)(d) and (da) of the Buildings Ordinance (Cap. 123), anything permitted under a permission granted by the Board under this section is not a contravention of— (Amended 2 of 1988 s. 6; 25 of 2004 s. 15; 25 of 2023 s. 62)

The Board may, by notice published in the Gazette, specify one or more than one period during which an applicant may give further information to the Board to supplement the information included in the application. (Added 25 of 2023 s. 62)

A notice published under subsection (7A) is not subsidiary legislation. (Added 25 of 2023 s. 62)

In this section—

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.

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.

An application made under subsection (2) shall—

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).

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.

An application may be accepted under subsection (5) subject to such conditions as the Board requires.

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—

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.

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.

The Board may by notice published in the Gazette—

A notice published under subsection (10) is not subsidiary legislation.

In this section—

Subject to subsection (1A), if an applicant is aggrieved by a decision of the Board under section 16 or 16A, the applicant may, within 21 days of being notified of the decision of the Board, apply to the secretary to the Board for a review of the Board’s decision. (Amended 101 of 1991 s. 3; 25 of 2004 s. 17; 25 of 2023 s. 63)

The application—

The Board must refuse an application if the application does not set out any grounds for the review. (Added 25 of 2023 s. 63)

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.

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)

In respect of any application referred to in subsection (2A), the Board—

A notice referred to in subsection (2B)(a) or (b)(i) or (ii) must— (Amended 25 of 2023 s. 63)

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)

Any comment referred to in subsection (2D) shall be made in such manner as the Board requires. (Added 25 of 2004 s. 17)

Where any comment referred to in subsection (2D)—

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)

Where—

the Board may accept the further information for the purposes of the application. (Added 25 of 2004 s. 17)

The Board must not accept any further information given by the applicant to the Board for the purposes of the application if the further information is given at a time not falling within a specified period. (Added 25 of 2023 s. 63)

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

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)

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.

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.

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)

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)

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)

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)

(Repealed 101 of 1991 s. 3)

The Board may, by notice published in the Gazette, specify one or more than one period during which an applicant may give further information to the Board to supplement the information included in the application. (Added 25 of 2023 s. 63)

A notice published under subsection (8) is not subsidiary legislation. (Added 25 of 2023 s. 63)

In this section—

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)

The Chief Executive shall not appoint— (Amended 62 of 2000 s. 3)

to the Appeal Board panel. (Replaced 14 of 1996 s. 2)

The Chief Executive may appoint a member of the Appeal Board panel as Chairman of the panel and may appoint one or more members as Deputy Chairmen of the panel as he thinks fit. (Amended 14 of 1996 s. 2; 62 of 2000 s. 3)

The Chief Executive may appoint a public officer to be the secretary to the Appeal Board panel. (Amended 62 of 2000 s. 3)

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.

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.

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)

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)

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)

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)

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)

At least 3 members, one of whom must be the Chairman of the Appeal Board, shall be present to hear and determine an appeal.

The Appeal Board shall hear the appeal and a majority of the members hearing the appeal shall determine questions before it.

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.

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.

If the Chairman of the Appeal Board panel is precluded by illness or absence from Hong Kong from exercising his functions—

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.

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

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.

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)

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

Prior to or at the hearing of an appeal, an Appeal Board may—

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)

At the completion of the hearing of parties appearing at an appeal or at any adjourned hearing, an Appeal Board may—

The decision of an Appeal Board on any appeal shall be final.

Where a draft plan prepared before the commencement* of the Town Planning (Amendment and Validation) Ordinance 1974 (59 of 1974), whether it has been approved under section 9 or not, contains, or is accompanied by, diagrams, illustrations, notes or descriptive matter, the Board may, for the purpose of removing any uncertainty— (Amended E.R. 1 of 2021)

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.

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)

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.

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

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.

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).

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).

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)

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.

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)

Where land that is within a plan referred to in subsection (1) is included in a plan prepared under section 3(1)(a), a person must not undertake or continue development on that land unless— (Amended 25 of 2023 s. 70)

A person who contravenes subsection (7) commits an offence and is liable, in the case of a first conviction, to a fine of $500,000 and, in the case of a second or subsequent conviction, to a fine of $1,000,000. (Replaced L.N. 300 of 1995)

Subsection (8) has effect subject to section 111 of the Private Columbaria Ordinance (Cap. 630). (Added 8 of 2017 s. 120 and E.R. 4 of 2017)

While a plan of a development permission area is effective, a person must not undertake or continue development in the development permission area unless—

A person who contravenes subsection (1) commits an offence and is liable, in the case of a first conviction, to a fine of $500,000 and, in the case of a second or subsequent conviction, to a fine of $1,000,000. (Replaced L.N. 300 of 1995)

Subsection (2) has effect subject to section 111 of the Private Columbaria Ordinance (Cap. 630). (Added 8 of 2017 s. 121 and E.R. 4 of 2017)

This section applies to an area that is included in a plan under this Ordinance.

However, this section does not apply to an area—

The Secretary for Development may, by notice published in the Gazette, designate an area to be a regulated area—

A notice under subsection (3) must describe and delineate the area concerned by reference to a plan prepared and signed under section 21B.

The Secretary may, by notice published in the Gazette—

A notice under subsection (5)(a)(i) or (ii) must describe and delineate the expanded area or reduced area (as the case requires) by reference to a plan prepared and signed under section 21B.

A notice made under subsection (3) or (5) is not subsidiary legislation.

The Secretary for Development may prepare a plan for the purposes of section 21A(4) or (6).

The Secretary must sign the plan prepared under subsection (1).

After a designation or modification is made under section 21A(3) or (5)(a), the Secretary for Development is to cause a copy of the regulated area plan to which the designation or modification relates to be deposited in the Land Registry.

Every copy deposited under subsection (1) is to be made available by the Land Registrar for public inspection free of charge.

The Secretary may, on payment of the fee determined under subsection (4), provide a copy of the regulated area plan to a person.

The Secretary may determine the fee to be paid by a person for the provision of a copy under subsection (3).

A designation of regulated area under section 21A(3) takes effect on the date of publication of the notice by which the designation is made.

A modification of a regulated area designation under section 21A(5)(a) takes effect on the date of publication of the notice by which the modification is made.

A regulated area designation is effective until it is modified or revoked under section 21A(5).

While a regulated area designation is effective, a person must not undertake or continue development in the regulated area unless—

A person who contravenes subsection (1) commits an offence and is liable—

Subsection (2) has effect subject to section 111 of the Private Columbaria Ordinance (Cap. 630).

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)

Notwithstanding subsection (1)— (Amended 25 of 2004 s. 18)

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)

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.

Where the Authority or any person authorized by the Authority enters any place under this section, the Authority or the authorized person may exercise any of the following powers— (Amended 25 of 2023 s. 73)

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

For the purposes of exercising any power or performing any duty under or for the purposes of section 20, 21, 21F or 23, or determining whether there is or was any contravention of any of the provisions of section 20, 21, 21F or 23, where the Authority has reasonable grounds to believe that any person has any relevant information, the Authority may by notice in writing served on the person require the person to provide the relevant information to the Authority, within the period specified in the notice. (Added 25 of 2004 s. 18. Amended 25 of 2023 s. 73)

A person who—

commits an offence and is liable to a fine at level 6. (Added 25 of 2004 s. 18)

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)

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)

then— (Amended 25 of 2004 s. 19)

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)

Where a notice under subsection (1) has been served in relation to any relevant matters, the Authority may, subject to subsection (4), in a notice served on any person on whom a notice may be served under subsection (1), require such person to reinstate the land, by a date not earlier than 30 days after service of the notice— (Amended 25 of 2023 s. 74)

Where the relevant matters referred to in subsection (3) were on land included— (Amended 25 of 2004 s. 19)

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.

Where the Authority is satisfied—

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)

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)

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.

Where, by the date specified in that regard in a notice under this section—

a person who is served with the notice commits an offence and is liable—

Where, by the date specified in that regard in a notice under this section—

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.

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)

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)

Expenses incurred by the Authority under subsection (7) are recoverable as a civil debt from any person served with a notice under this section.

Where the Authority is satisfied—

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)

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)

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—

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 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—

affected by the notice. (Amended 101 of 1991 s. 5)

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—

Subsections (1) and (2) have effect subject to section 111 of the Private Columbaria Ordinance (Cap. 630). (Added 8 of 2017 s. 122 and E.R. 4 of 2017)

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)

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.

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).

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.

Notwithstanding any other provision in this Ordinance, the Director of Planning—

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.

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.

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).

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.

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.

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.

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.

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.

Notwithstanding anything in the amending Ordinance but subject to subsections (1), (2), (3), (4) and (5)—

and, for the avoidance of doubt, the provisions of this Ordinance shall, with necessary modifications, be construed and have application accordingly.

This section is in addition to and not in derogation of section 23 of the Interpretation and General Clauses Ordinance (Cap. 1).

In this section—

Subsections (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13) and (14) apply to a plan if the first day on which the plan is exhibited under section 5 falls on a day before 1 September 2023 (exhibited plan).

If the last day of the period for which the plan is required to be exhibited under section 5 falls on or after 1 September 2023, section 5 of the pre-amended Ordinance applies to the plan.

Subject to subsection (4), sections 6, 6A, 6B, 6C, 6D, 6E, 6F, 6G and 6H of the pre-amended Ordinance apply, with necessary modifications, to an exhibited plan.

For the purposes of subsection (3), for a plan to which section 9 of the Amended Ordinance applies because of subsection (8)—

Section 7 of the pre-amended Ordinance applies to an amendment made under that section to an exhibited plan if the first day on which the amendment is exhibited under that section falls on a day before 1 September 2023.

Section 9 of the pre-amended Ordinance (pre-amended section 9) applies to an exhibited plan if the submission of the plan was made under section 8 before 1 September 2023 but a decision under section 9 is pending immediately before that date.

If, because of subsection (6), an exhibited plan is referred to the Board under the pre-amended section 9 for further consideration and amendment, the Board may make any amendment under section 7 (as applied by section 9A of the Amended Ordinance) to the referred plan.

For an exhibited plan in respect of which submission has not been made under section 8 before 1 September 2023, subject to subsections (9), (10), (11), (12) and (13), sections 8 and 9 of the Amended Ordinance apply to the plan.

If, because of subsection (8), section 8 of the Amended Ordinance applies to a plan, the period before the expiry of which the plan must be submitted under that section (specified period) is—

If the period of 9 months mentioned in subsection (9)(a)(i), (ii) or (iii) or (b)(i), (ii) or (iii) (9-month period) is extended under subsection (11) or (12)(a) or (b), the specified period is to be the period extended under subsection (11) or (12)(a) or (b) (as the case requires) for the submission.

If the Secretary for Development considers it appropriate to do so in a particular case, the Secretary may extend the 9-month period for 2 months (2-month period).

If, in respect of a particular case, the Secretary is satisfied that exceptional circumstances exist, the Secretary may—

Where a submission is made under section 8 (as applied by subsection (8)) (new section 8), without affecting subsection (3) of the new section 8—

Section 12 of the pre-amended Ordinance applies to a plan referred to the Board under section 12 before 1 September 2023 if a new plan prepared for replacement of the plan referred, or a plan showing any amendment to the plan referred, is an exhibited plan.

Subject to subsection (16), section 12A of the pre-amended Ordinance applies to an application made under section 12A before 1 September 2023.

For the purposes of subsection (15)—

Section 16 of the pre-amended Ordinance applies to an application made under section 16 before 1 September 2023.

A reference in section 16A to section 16 includes section 16 as applied by subsection (17).

Section 17 of the pre-amended Ordinance applies to—

A reference in section 17 of the Amended Ordinance to section 16 includes section 16 as applied by subsection (17).

A reference in section 17 of the Amended Ordinance to section 16A is to be read with subsection (18).

References in section 17B to section 17 and section 17(6) include section 17 and section 17(6) of the pre-amended Ordinance as applied by subsection (19).

For the purposes of this section—

In this section—