Hong Kong Ordinances

TOWN PLANNING ORDINANCE - SECT 14

Power to make regulations

(Past version on 10/06/2005).
(Past version on 01/07/1997).
(Past version on 30/06/1997).

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

   (a)  providing for the procedures and matters relating to the taking
        possession of, removal, detention and disposal of property by the
        Authority under section 23(7A), and matters relating to the issue and
        registration of notices associated with the taking possession,
        removal, detention or disposal of such property; (Amended 25 of 2004
        s. 13)

   (b)  to facilitate the work of the Board; and

   (c)  for the better carrying into effect of the provisions and purposes of
        this Ordinance.

(2) 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)

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

   (a)  may be fixed at levels sufficient to effect the recovery of
        expenditure incurred, or likely to be incurred, whether by the Board
        or by the Government, in relation generally to the processing of
        applications made under section 12A(1), 16(1) or 16A(2), as the case
        may be; and

   (b)  shall not be limited by reference to the amount of administrative or
        other costs incurred, or likely to be incurred, in relation to the
        processing of any particular application to which such fees relate.
        (Added 25 of 2004 s. 13)

(4) Any regulation made under subsection (2) may-

   (a)  provide that the amount of any fees may be fixed by reference to a
        scale prescribed in the regulation; and

   (b)  provide for the payment of different fees by or in relation to persons
        or cases of different classes or descriptions. (Added 25 of 2004 s.
        13)

(5) 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)

(6) 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)
(Replaced 22 of 1994 s. 3)