| To promote the health, safety, convenience and general welfare of the community by making provision for the systematic preparation and approval of plans for the lay-out of areas of Hong Kong as well as for the types of building suitable for erection therein and for the preparation and approval of plans for areas within which permission is required for development. (Amended 4 of 1991 s. 2) [23 June 1939] (Originally 20 of 1939 (Cap 131 1950)) Cap 131 s 1 Short title This Ordinance may be cited as the Town Planning Ordinance. Cap 131 s 1A Interpretation In this Ordinance, unless the context otherwise requires- "Appeal Board" (上诉委员会) means an Appeal Board constituted under section 17A; (Added 101 of 1991 s. 2) "Authority" (监督) means the Director of Planning; "building" (建筑物) includes a structure or part of a structure; "container" (货柜) includes a container converted for use as an accommodation or as storage or for any other use; (Added 22 of 1994 s. 2) "development" (发展) means carrying out building, engineering, mining or other operations in, on, over or under land, or making a material change in the use of land or buildings; "development permission area" (发展审批地区) means an area so designated in a plan prepared under sections 3(1)(b) and 20 but does not include land included in a plan of an interim development permission area; "existing use" (现有用途) in relation to a development permission area means a use of a building or land that was in existence immediately before the publication in the Gazette of notice of the draft plan of the development permission area; "interim development permission area" (中期发展审批地区) means an area so designated in a plan prepared under section 26; "land owner" (土地拥有人) has the same meaning as "owner" in section 2(1) of the Buildings Ordinance (Cap. 123); "material change in the use of land or buildings" (土地或建筑物用途的实质改变) includes depositing matter on land, notwithstanding that all or part of the land is already used for depositing matter, if the area, height or amount of the deposit is increased; "occupier" (占用人) includes a tenant of a land owner whether or not he pays rent, a person who resides in a building and a person who carries on a full-time occupation in a building; "property" (财产) includes anything contained in a vehicle or a container, but does not include immovable property; (Added 22 of 1994 s. 2) "unauthorized development" (违例发展) means- (a) in relation to land included in a plan of a development permission area or described in section 20(7), development in contravention of this Ordinance; and (b) in sections 22 and 23, in relation to land referred to in section 23(4), development other than development permitted under a plan of an interim development permission area, undertaken on or after the date on which notice of that plan is gazetted. (Added 4 of 1991 s. 3) Cap 131 s 2 Appointment of Town Planning Board Remarks: Adaptation amendments retroactively made - see 62 of 2000 s. 3 (1) The Chief Executive may appoint a Town Planning Board consisting of such official and unofficial members as he may nominate, and may appoint any member of the Board, either ex officio or personally, as chairman or vice-chairman and any public officer as secretary thereof. (Amended 62 of 2000 s. 3) (2) 5 members of the Board, one of whom must be the chairman or vice-chairman, shall form a quorum at any meeting of the Board. (3) For the better discharge of the functions of the Board under this Ordinance the Chief Executive may, by notice in the Gazette, from among the members of the Board, appoint committees of the Board and a chairman and vice-chairman of each committee. (Added 4 of 1991 s. 4. Amended 62 of 2000 s. 3) (4) 5 members of a committee appointed under subsection (3), one of whom must be the chairman or a vice-chairman and 3 of whom must be persons who are not official members, shall form a quorum at any meeting of the committee. (Added 4 of 1991 s. 4) (5) The Board may delegate any of its powers and functions- (a) under sections 3, 4(1), 4A, 5, 7(1) to (3), 16 and 20(1) to a committee appointed under subsection (3); and (b) to a public officer or class of public officer in respect of an application for- (i) a minor amendment to a permission previously granted under section 16; and (ii) permission for development within a development permission area on condition that the development is discontinued and the land reinstated, as directed by the public officer, within 6 months after the permission is granted. (Added 4 of 1991 s. 4) Cap 131 s 2A Appointment of committees by the Board (1) Notwithstanding section 2(3), the Board may appoint committees from among its members to exercise the Board's powers under section 6(6), (6A), (6B), (7), (8) and (9). (2) A committee appointed under this section shall consist of not less than 5 members at least 3 of whom are not public officers. |
