Hong Kong Ordinances

DISABILITY DISCRIMINATION ORDINANCE - SECT 84

Building approvals

(1) Notwithstanding any provision in any other Ordinance (whether enacted
before or after the commencement of this Ordinance) but subject to subsection
(3), a public authority which has the power to approve building works shall
not, in respect of those works, approve building plans, whether for a new
building or for the alterations or additions to an existing building unless
the person seeking approval satisfies the public  authority that such access
as is reasonable in the circumstances to the building or premises will be
provided for persons with a disability.

(2) In considering whether reasonable access will be provided under subsection
(1), the public authority may take into account-

   (a)  whether it is practicable to provide such access within the curtilage
        of the building, bearing in mind the physical location and immediate
        environs of the building; and

   (b)  whether providing such access would impose unjustifiable  hardship on
        the person seeking approval or on any other person.

(3) Subsection (1) has no application to-

   (a)  buildings of 13 m or less in height above ground level which are used,
        or intended to be used, for occupation by a single family; or

   (b)  temporary buildings or contractor's sheds referred to in Part VII of
        the Building (Planning) Regulations ( Cap 123 sub. leg.).

(4) In this section, "public authority" (公共主管當局) includes-

   (a)  the Director of Lands;

   (b)  the Building Authority;

   (c)  the Housing Authority;

   (d)  the Director of Architectural Services. (Enacted 1995)

"public authority" (公共主管當局)