Hong Kong Ordinances

RAILWAYS ORDINANCE - SECT 27

Control of building plans and commencement of work

Adaptation amendments retroactively made - see 62 of 1999 s. 3

(1) The Building Authority may do the following, notwithstanding the
Buildings Ordinance ( Cap 123), to the extent necessary to avoid any
incompatibility where he is of the opinion that building works, or the
commencement of building works, on land described in the scheme including
building works outside the boundaries of the scheme would be incompatible with
the scheme or the operation or maintenance of the railway-

   (a)  refuse to give his approval to any plan or to consent to the
        commencement of the building works;

   (b)  if there is no subsisting consent to the commencement of the building
        works, withdraw any approval which he has or is deemed to have given
        to any plan;

   (c)  require the amendment of any plan relating to the building works;

   (d)  impose conditions, whether as to time or otherwise, on the giving of
        approval to plans relating to the building works or consent to
        commence the works; and

   (e)  withdraw an approval which he has given or is deemed to have given or
        a consent to the commencement of the building works.

(2) The carrying out of any building works-

   (a)  contrary to any refusal referred to in subsection (1)(a) or following
        withdrawal of approval or consent referred to in subsection

(1)(b) or (e); or

   (b)  otherwise than in accordance with any plan amended as referred to in
        subsection (1)(c) or condition imposed as referred to in subsection

(1)(d), for the purposes of sections 23 and 24 of the Buildings Ordinance (
Cap  123) is deemed to be a contravention of that Ordinance.

(3) The powers of the Building Authority under subsection (1) arise as soon as
a scheme or an amendment to a scheme has been deposited under section 6.

(4) As soon as reasonably practicable after the Chief Executive in Council has
authorized the scheme under this Ordinance, the Building Authority must-
(Amended 62 of 1999 s. 3)

   (a)  review any action required under subsection (1);

   (b)  vary such action so that it is consistent with the authorization.

(5) The Building Authority, when acting under subsection (1), must advise the
person who intends to carry out the building works on land described in the
scheme the particulars of which he is of the opinion that the building works
would be incompatible with the scheme.

(6) The owner of land specified in subsection (5) may, by notice in writing to
the Secretary, require that the land be resumed under this Ordinance where-

   (a)  the Building Authority refuses to give his approval to any plan or to
        consent to the commencement of any building works or withdraws any
        approval or consent under subsection (1)(a), (b) or (e); and

   (b)  the Building Authority maintains a refusal or withdrawal after
        reviewing his action; and

   (c)  the Building Authority advises that any building works on the land
        specified by him would be incompatible with the scheme; and

   (d)  the building works and any related plan are consistent with the
        Government lease or other instrument under which the land is held and
        with any law or requirement made under any law.

(7) The owner of land specified in subsection (5) may, by notice in writing to
the Secretary, require that the land be resumed under this Ordinance where-

   (a)  the Building Authority imposes a condition delaying building works as
        described in subsection (1)(d); and

   (b)  the Building Authority maintains that condition after reviewing his
        action; and

   (c)  the Building Authority advises that, for the time being, building
        works on the land specified by him would be incompatible with the
        scheme; and

   (d)  the Building Authority does not, on application in writing made not
        less than 2 years after imposition of that condition, grant approval
        and consent to commence the building works to allow them to commence
        within 12 months; and

   (e)  the building works and any related plan are consistent with the
        Government lease or other instrument under which the land is held and
        with any law or requirement made under any law.

(8) Where the owner gives notice as described in subsection (6) or

(7), the Chief Executive is required, unless the notice is withdrawn, to order
the resumption of the land mentioned in subsection (6)(c) or (7)(c) not more
than 28 days after receipt of the notice by the Secretary. The period of
notice specified in the order for resumption of the land is not to be longer
than 28 days. (Amended 62 of 1999 s. 3)

(9) A person with a compensatable interest in land specified in subsection (5)
may apply to the Chief Executive in Council for an order that the land be
resumed under this Ordinance and the Chief Executive in Council may, if he
thinks it just and equitable to do so, order the resumption where- (Amended 62
of 1999 s. 3)

   (a)  the Building Authority imposes a condition delaying building works as
        described in subsection (1)(d); and

   (b)  the Building Authority maintains that condition after reviewing his
        action; and

   (c)  the Building Authority advises that, for any period specified by him,
        building works on the land specified by him would be incompatible with
        the scheme; and

   (d)  the building works and any related plan are consistent with the
        Government lease or other instrument under which the land is held and
        with any law or requirement made under any law.

(10) Where the Chief Executive in Council makes an order under subsection (9),
the Chief Executive is required to order the resumption of the land specified
in subsection (9)(c) not more than 28 days after the order was made. The
period of notice specified in the order for resumption of the land is not to
be longer than 28 days. (Amended 62 of 1999 s. 3)