Hong Kong Ordinances

TOWN PLANNING ORDINANCE - SECT 12

Revocation, replacement and amendment of approved plans

(Past version on 01/07/1997).
(Past version on 30/06/1997).

(1) The Chief Executive in Council may- (Amended 62 of 2000 s. 3)

   (a)  revoke in whole or in part any approved plan; or

   (b)  refer any approved plan to the Board for-

        (i)    replacement by a new plan, or

        (ii)   amendment.

(2) Notification of any revocation or reference under subsection

(1) shall be published in the Gazette and noted by the Land Registrar on the
copy of the plan deposited under section 11.

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

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

   (b)  sections 3, 4, 4A, 5, 6, 6A, 6B, 6C, 6D, 6E, 6F, 6G, 6H, 7, 8, 9, 10
        and 11 shall so apply as if-

        (i)	each of the references to "the draft plan" in section 6(1) and 


(2)(a) were a reference to any of the amendments;

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

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

        (iv)	each of the references to "draft plan in question" in sections 
6F(8) and (9)(b) and 6G, the first and second references to "draft plan"
in section 6H(1) and the first reference to "draft plan" in section 6H(2) were
a reference to the part or parts of the plan to which section 6B(8)

(as having application in the manner described in this subsection) has
application. (Amended 2 of 1988 s. 5)

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

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

(5) Any draft plan showing the amendments as prepared under sections 3 and 4
shall be deemed to be a draft plan for the purposes of section 16(1)(d) of the
Buildings Ordinance ( Cap 123). (Replaced 3 of 1958 s. 2. Amended 8 of 1993 s.
3; 25 of 2004 s. 11)

"plan"