Hong Kong Ordinances

TOWN PLANNING ORDINANCE - SECT 2C

Meetings of Board and of committees

(1) 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.

(2) Subsection (1) does not apply to—

   (a)  in the case of any meeting held under or for the purposes of
        section 6B, 6F, 12A, 16, 16A or 17, such part or parts of the meeting
        that are held for deliberation by the Board or the committee, as the
        case may be, for making any decision under section 6B(8), 6F(8)
        (whether with or without application of section 6F(9)), 12A(23),
        16(3), 16A(5) or 17(6), after hearing any person who, not being a
        member of the Board or the committee, as the case may be, is entitled
        or allowed to be heard or otherwise has an opportunity of making
        representations or providing information at the meeting; and

   (b)  in the case of any other meeting, the meeting or any part or parts of
        the meeting if in the opinion of the Board or the committee, as the
        case may be, it is likely that—

        (i)    the application of subsection (1) to such meeting or such part
               or parts of the meeting, as the case may be, would not be in
               the public interest;

        (ii)   the application of subsection (1) to such meeting or such part
               or parts of the meeting, as the case may be, would result in
               premature release of information that would prejudice the
               position of the Board, the Government, the Chief Executive or
               the Chief Executive in Council or, in the case of a meeting of
               the committee, the committee in carrying out its or his
               functions under this Ordinance;

        (iii)  the application of subsection (1) to such meeting or such part
               or parts of the meeting, as the case may be, would result in a
               disclosure of information in breach of any duty of
               confidentiality owed to any person by the Board or the
               Government or, in the case of a meeting of the committee, the
               committee, or owed to the Government by the Board or, in the
               case of a meeting of the committee, the committee, by virtue of
               any law or any requirement under any law, or in contravention
               of any prohibition by any order of a magistrate or a court or
               by any law or any requirement under any law;

        (iv)   the application of subsection (1) to such meeting or such part
               or parts of the meeting, as the case may be, would result in a
               disclosure of information in respect of which a claim to legal
               professional privilege could be maintained in law; or

        (v)    any matter transacted at such meeting or such part or parts of
               the meeting, as the case may be, would be relevant to the
               institution or conduct of any legal proceedings.

(3) 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. (Added 25 of 2004 s. 5)