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A GUIDE TO BUILDING DEVELOPMENT IN HONG KONG

rik
UNIVERSITY OF HONG KONG
LIBRARY
This book was received
in accordance with the Books
Registration Ordinance
Section 4
The Archi t ect ural Of f i ce and the Buildings Ordi nance Of f i ce have been in exi st ence f or
many years but it was not until 1 Apr i l 1982, f ol l owi ng the break-up of the f ormer Publ i c
Works Department, that together wi th a headquarters organi sati on they were l i nked to f or m
the Building Development Department.
The responsibilities of the department extend to both public and pri vate buildings. The
advice it provides on all aspects of building design and const ruct i on and mai ntenance of
the government estate meets the needs of the public sector, including quasi -governmental
bodies such as subvented hospitals and schools, whilst the i mpl ementati on of building
legislation ensures that buildings in the private sector are designed and const ruct ed to
meet health and saf ety requirements.
The increasing number of tall buildings whi ch constantl y change the skyl i ne of Hong
Kong ref l ect the ef f ort s made by the department to keep pace with the sheer vol ume of
building development and constantl y evolving building techniques. In thi s respect, I am
consci ous of the crucial role played by staf f at all levels who of ten have to work to ti ght
deadlines in di f f i cul t ci rcumstances.
In a booklet of thi s size it is not possible to cover adequately all the acti vi ti es in whi ch
the department is engaged but I believe that you wi l l nevertheless f i nd the cont ent s both
interesting and i nf ormati ve.
BOOKS REGISTRATION ORD INANC E
i\ umber* >,#K 8 61761
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(CHAU Cham-son)
Director of Building Development
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Message from Director 1
Contents 2
THE ARCHITECTURAL OFFICE 3
Functions/Commitment 4
Projects 5
Multi-disciplined Team 6
Architect 7
Structural Engineer 8
Quantity Surveyor 9
Building Services Engineer 10
Project Implementation 11
Design Process 12
Production Information 14
Tender 15
Construction Begins 16
Construction Progresses 17
Handover and Maintenance 18
Other Functions 19
THE BUILDINGS ORDINANCE OFFICE 21
Organisation 22
Branches and Duties 23
Building Control 24
Planning and Approval 25
Centralised Processing 26
Preparation 28
Construction 29
Completion 30
Illegal Building Works 31
Dangerous Buildings 32
Emergency Inspection 33
Dangerous Slopes/Signs 34
Miscellaneous Functions 35
Appeals and Prosecutions 36
THE ARCHITECTURAL OFFICE
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FUNCTIONS
The Archi tectural Of f i ce (AO) is one of the two
const i t uent parts - the other being Buildings Ordi nance
Of f i ce (BOO) - that make up the Building Development
Department.
The f unct i ons of AO can be broadly divided into f i ve
main areas. The f i r st and largest of these is to provide
archi t ect ural and associated servi ces to all Government
departments (some 60 in all) as wel l as to Her Majesty' s
Servi ces in Hong Kong and the Urban Council.
Secondl y, the of f i ce acts as the Government' s pro-
f essi onal and techni cal advisor on all building matters.
Thi rdl y, it oversees all government subvented
building proj ects and advises quasi -government
organi sat i ons and other managing agencies f or
subvented projects.
Fourthl y, it is responsible f or overseeing j oi nt -
venture developments between the Government and
pri vate developers, and entrusted projects such as the
Mass Transi t Rai l way.
Last, but by no means least, AO is also responsible
f or the mai ntenance and management of all public
bui l di ngs in Hong Kong wi th the excepti on of public
housing.
COMMITMENT
The overal l commi tment wi thi n the of f i ce can be divided
into three groups, the f i rst of whi ch is the Public Works
Building Programme. This consti tutes by f ar the largest
porti on of AO' s work, encompassi ng some 1 800 proj ects
in vari ous stages of development ranging f rom initial
f easi bi l i ty studies to the f i nal i si ng of accounts and
handing over to client departments.
The value of these items is estimated at over $28,000
mi l l i on and covers all types of buildings for AO' s 27
di f f erent client authori ti es, ranging f rom Educati on,
Social Wel f are and Urban Council to Mi l i tary, Police, and
Law and Order. This generates some 700 cont ract s
runni ng at any given time.
Annual expendi ture f or 1984/85 was $1,542 mi l l i on
and it is anti ci pated that thi s wi l l increase to $1,960
mi l l i on for 1985/86. In addition, some 120 projects, valued
at $46 million and coveri ng f i t t i ng out of leased accom-
modation, are currentl y being handled. The recurrent
mai ntenance of some 3000 buildings also generates
over 194 000 annual works items.
The second major group wi thi n AO' s workl oad is
that whi ch covers subvented building projects. As well as
having direct involvement in government buildings, the
of f i ce is also responsible f or subvented works whi ch
involve the overseeing of projects f or seven managing
organi sat i ons, cover i ng such areas as educat i on,
medi cal and health , and recreati on and
cul t ur al services. The maintenance of some 950 exi sti ng
schools also f al l s into this category of work. The annual
subventi on coveri ng thi s group of proj ects is approxi -
mately $700 million.
The thi rd and f i nal area of the of f i ce' s work covers
Joi nt Vent ure developments and entrusted works. These
can be broadly divided into government quarters, Mass
Transi t Railway Corporati on devel opments and other
types of j oi nt venture, such as the Macau Ferry Termi nal
current l y under constructi on. The total value of thi s
portion of work is esti mated at $1,950 million.
Murray Building -
headquarters of the Building Development Department
Tsim Sha Tsui Cultural Centre model.
New Supreme Court.
/m Sha Tsui Cultural Centre interior study.
Extensions to Queen Mary Hospital.
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Legislative Council Chambers existing elevation.
New Legislative Council Chambers interior study.
MULTI-DISCIPLINED TEAM
The head of AO is the Pri nci pal Government Archi t ect
who is responsi bl e to the Building Development Depart-
ment headquarters f or the work and day-to-day
management of the of f i ce, whi ch is a mul t i -di sci pl i nary
organi sati on embraci ng the f i ve prof essi onal di sci pl i nes
whi ch f orm the f unct i onal branches of AO.
The f i rst of these is Ar chi t ect ur al Branch, whi ch
manages, designs and co-ordi nates the building
projects under its control .
The second is Quanti ty Surveyi ng Branch whi ch
deals wi th building cost eval uati on, tender documenta-
ti on and provides contractual advice through the
archi tect.
Then comes St ruct ural Engi neeri ng Branch whi ch
designs f or and advises on matters connected wi th
the strength and stabi l i ty of projects, together wi th the
st ruct ural mai ntenance of exi sti ng buildings.
Building Servi ces Branch is the f our t h of AO' s
disciplines, and although on secondment f rom El ect ri cal
and Mechanical Services Department and t heref ore not
st ri ct l y part of BDD Establ i shment, f orms an essenti al
and integral part of the AO building team. It is responsi-
ble f or all aspects of mechanical, el ect ri cal and related
building services f or all AO projects.
Fi nal l y, there is Maintenance Branch whi ch, wi th the
excepti on of public housing, is responsible f or the main-
tenance of all government property i ncl udi ng Urban
Council and British Mi l i t ary bui l di ngs, amounti ng to
some 3 000 properties.
In support of these f i ve main branches is a large
f orce of site supervi sory st af f organi sed into a team
system based on zones and di stri cts, as wel l as
numerous prof essi onal , techni cal and cl eri cal st af f who
handle the di stri buti on and recordi ng of all corres-
pondence, di ssemi nati on of techni cal i nf ormat i on and
control of expendi ture. This amounts to a total of 2 250
staf f wi t hi n AO, 316 of whom are prof essi onal of f i cer s.
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DIRECTOR OF BUILDING DEVELOPMENT
ADMINISTRATION HEADQUARTERS BUILDINGS ORDINANCE OFFICE
ARCHITECTURAL OFFICE
ARCHITECTURAL QUANTITY SURVEYING STRUCTURAL ENGINEERING MAINTENANCE *BUILDING SERVICES
BRANCH BRANCH BRANCH BRANCH BRANCH
7 DIVISIONS 3 DIVISIONS 2 DIVISIONS 2 DIVISIONS 3 DIVISIONS
Sec onded from the Elec tric al and Mec hanic al Servic es Department.
ARCHITECT
The archi tect control s and co-ordi nates the design and
const ruct i on of the vari ous types of project wi t hi n AO
f rom inception to completion. He uses his prof essi onal
and creati ve experti se in assi mi l ati ng the general and
specif ic i nf ormati on related to the problem in hand,
i nvesti gati ng the nature of the problem and its possible
solutions and in developing and ref ining one or more of
these tentati ve sol uti ons, leading ul ti matel y to a f i nal
design.
At the same time, he is responsible for the com-
muni cati on of this design sol uti on to the cl i ent to ensure
the brief has been met, to the associated di sci pl i nes of
the design team to ensure thei r ef f or t s are introduced
and co-ordinated in the right order at the right time and
to the cont ract or to enable the sol uti on to be built. Once
building work commences he wi l l also supervi se quality
control to ensure that the project is implemented in
accordance wi th user requi rements and statutory
control s.
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The Chater Garden. Kohima Barracks Development Plan.
STRUCTURAL ENGINEER
The st r uct ur al engi neer i s responsi bl e f or det ermi ni ng
the st abi l i t y of a building at as low a cost as possible,
consi st ent wi th speci f i c design requi rements. He ensures
that the st ruct ure carri es into the ground the loads and
stresses whi ch resul t f rom the design, that i t copes wi th
expansi on and cont ract i on wi thout damage, is durabl e
wi th minimum mai ntenance and that the structural
members cause minimal obst ruct i on to the use of the
building and the passage of essenti al servi ces wi t hi n and
around it.
He also advises on the most sensible way of building
in t erms of the qual i ty, quant i t y and arrangement of
components and the sequence in whi ch they are used.
On si te, the engi neer is closely involved in inspection
and supervi si on of the st ruct ural work as it progresses
and assi sts the cont r act or in understandi ng the key
st r uct ur al f act or s af f ect i ng t he building. Tsim Sha Tsui Space Museum.
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Hong Kong Coliseum under construct/on.
QUANTITY SURVEYOR
The quanti ty sur veyor ( QS) advi ses on matters rel ati ng to
cost and cont ract s in building and associated projects.
This begins wi th cost advice t hrough the f easi bi l i t y,
outl i ne and design stages cul mi nati ng in an agreed cost
plan linked with an agreed scheme design. Next come
cost checki ng of the detailed design and producti on
drawi ngs agai nst the agreed cost plan f ol l owed by the
provi si on of advice on tenderi ng documentati on and
cont ract ual arrangements. This results in the producti on
of bi l l s of quanti ti es or a wri t t en speci f i cat i on to enable
cont r act or s to submit tenders. On receipt of these
tenders the QS wi l l exami ne and report on them.
Once the cont ract or has been appoi nted and work
has commenced on site, the QS wi l l be responsible for
regul ar val uati ons f or interim payments to the cont ract or
and f or the f i nal account.
Hong Kong International Airport.
design proposals |
measurement
bill of quantities
tenders invited
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tenders received
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tenders assessed
CONSTRUCTION
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BUIL DING SERVICES ENG INEER
The building servi ces engineer is concerned wi th
envi ronment al cont rol , such as air condi ti oni ng, l i ghti ng,
heati ng, etc., and also the provi si on of uti l i ti es such as
l i f t s and escal ators, and saf ety equipment, such as f i re
f i ght i ng i nstal l ati ons. The proporti on of capi tal costs
devoted to servi ces can vary wi del y wi th the building
desi gn and f unct i on. They are mostly energy consumi ng
and thi s f act or, together wi th the need to maintain all
engi neeri ng equi pment, makes their operati ng costs
parti cul arl y i mportant.
The building services engineer will theref ore be
involved in the design of a project at an earl y stage,
advising the archi tect on the space provision f or the
servi ces and on the level of servicing required f or the
project in hand. He is also responsible for produci ng the
necessary techni cal i nf ormati on to enable their instal-
lation, operati on and maintenance.
Solar heating.
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Solar heating Pik Uk Prison.
10
STAG E 1
client dept. establishes project
need
client prepares outline schedule
of requirements
suitable site identified
* *
STAG E 5
detailed design and production
information commence
design checked by
statutory authorities
bill of quantities prepared
STAG E 2
AO carry out initial feasibility
studies
site constraints identified
preliminary estimates obtained
project tendered
tenders received, tender report
prepared
contractor appointed, contract
signed
STAG E 6
STAG E 3
development conditions finalised
and issued
schedule of accommodation
approved
site formally allocated
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STAG E 7
construction period
AO supervise site operations
site staff monitor quality
control
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STAG E 4
design work commences
sketch proposals submitted to
client for approval
detailed estimates prepared
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construction completed
project handed over to client
AO Maintenance Branch take
over building maintenance
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DESIGN PROCESS
Design drawi ngs range f rom brief expl oratory sketches
and draf t const ruct i onal details to complete project
present at i on drawings. Their f orm varies greatly and
preparat i on may be by any member of the design team
f or a vari ety of purposes. Design drawi ngs express ideas
at all stages of a project and need to be f luent and
uninhibited by arbi trary rules. Essentially, the design
process helps the designer to think and to communicate
these thoughts to others. Sketches may be prolif ic
in number and may be short-lived, as the designer
constantl y re-def ines and ref ines his thoughts, leading
eventually to the f i nal design solution.
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FINAL DESIGN
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PRODUCTION INFORMATION
Producti on i nf ormat i on is prepared as part of the detailed
design stage to convey precise i nstructi ons, simply and
cl earl y, to the cont ract ors responsible f or the const ruc-
ti on of the building. Preparation of worki ng drawi ngs,
schedules and speci f i cati ons is co-ordi nated wi th other
di sci pl i nes to produce organi sed contract documents
wi t h clear ordered ref erences.
Producti on drawi ngs may not necessarily indicate
the appearance of the building but can be supported by
the concept design drawi ngs to assist i nterpretati on of
the overal l scheme. Production drawi ngs and schedules
are essenti al l y impersonal, and wi l l show the practi cal
minimum, drawn with an agreed and uni f orm techni que
of di mensi oni ng, annotati on, coding and ref erence.
General l y they are prepared in categori es, starting
wi th layout drawi ngs indicating the site and disposition
of bui l di ngs, then location drawi ngs showi ng the
elements and components of the projects, before moving
on to assembly drawi ngs showing the assembly and
f i xi ng of those components.
Addi t i onal l y, both the st ruct ural engineer and
building services engineer wi l l prepare their own pro-
ducti on i nf ormati on in the same sequential manner,
i ndi cati ng the parti cul ar aspects of their respective
di sci pl i nes. These will be read in conj unct i on with the
archi t ect ural drawi ngs to i l l ustrate how all the vari ous
aspects of a parti cul ar building are put together. They
wi l l also be given to the quanti ty surveyor to enable him
to measure each individial element and produce a Bill
of Quanti ti es f rom whi ch prospective cont ract ors can
estimate their tender prices.
Tuen Mun Hospital model.

TENDER
The tender is an of f er by a cont ract or or suppl i er to carry
out works or provide equipment as speci f i ed in ret urn f or
a stated sum of money, and there are set procedures
whi ch must be f ol l owed when tenderi ng f or government
projects.
Generally f or cont ract s let by AO, the tenders are f or
a f i xed sum, priced in accordance wi th the proposed
condi ti ons of contract. Prospecti ve t enderers ori gi nat e
f rom a select list of contractors/suppl i ers who have
previous experi ence i n carryi ng out government proj ect s.
This list is sub-divided into groups, accordi ng to level of
capabi l i ty.
Once a proj ect is ' gazet t ed' , i.e. t enders are i nvi ted,
any of the cont r act or s in the appropri at e group can
submi t a tender. All have access to the same i nf or mat i on
f rom which to produce their price, all have an equal
amount of ti me in whi ch to prepare i t, and all must submi t
thei r tenders on or bef ore a pre-determi ned ti me and
day.
These tenders are t hen checked by the quant i t y
surveyor to ensure all cont ract condi t i ons have been met
and no errors have been made in pri ci ng. A recom-
mendation is then made to the Tender Review Board
as to whi ch cont ract or should be appoi nted. Thi s is
generally - al though not necessari l y - the cont r act or
who submi tted the lowest tender.
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Harbour Road Magistracy photo montage.
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CONSTRUCTION BEG INS
Constructi on on site begins wi th the excavat i on of
building f oundat i ons whi ch have been designed to carry
the loads and stresses of the building to the ground. Due
to the geol ogi cal condi ti ons in Hong Kong, pi l i ng is the
most common type of f oundat i on al though there are
occasi ons when al t ernat i ves may be used. Piling is
usually carri ed out by a speci al i st cont ract or who wi l l
only be engaged f or thi s parti cul ar aspect. On com-
pletion the f oundat i ons wi l l be tested to ensure they wi l l
wi thstand the st ruct ural loading required. The site wi l l
then be handed over to the building cont ract or and
const ruct i on of the superst ruct ure wi l l commence.
Tsim Sha Tsui Cultural Complex site works.
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CONSTRUCTION PROG RESSES
HANDOVER AND MAINTENANCE
In the f i nal one or two weeks bef ore a building is handed
over to the cl i ent , the archi tect and his site st af f wi l l
inspect the project in its enti rety to ensure as far as
possible that any minor def ects are dealt with bef ore
commi ssi oni ng. Once these have been recti f i ed repre-
sentati ves of the cl i ent department and surveyors f rom
Maintenance Branch are invited to take possession of
the building.
There is a def ects liability period of six months
f ol l owi ng the completion duri ng whi ch time any f urt her
def ects or teething problems are still rectif ied by the
vari ous cont ract ors who built the project. Once this
period expi res however, the maintenance of the building
becomes the sole responsibility of the Maintenance
Branch of AO - a f urt her addition to the 3000 or so
properti es already under its control.
Rumsey Street Government Offices.
18
OTHER FUNCTIONS
Al though not highlighted in the main organi sati on of the
of f i ce, additional services and support are provided by
speci al i st groups wi thi n AO and on occasion external
consul tants.
Consultants are engaged as and when necessary,
to support the prof essi onal di sci pl i nes wi thi n the of f i ce.
Appointment is generally determined by two principal
f actors: either lack of manpower at a parti cul ar time, or
the need f or specialist expertise in a particular f i el d, f or
example accoustic design in a concert hall. Currentl y,
consul t ant s are engaged on major hospital develop-
ments as well as several packages of urban projects.
AO also gives technical advice and participates with
the private sector in j oi nt venture developments. These
acti vi ti es are undertaken by the Techni cal Advi sory
Servi ces section of the of f i ce. Joint vent ures are essen-
t i al l y proj ect s entrusted to the pri vate sector f or imple-
mentation. Technical Advisory Services' cont ri but i on
compri ses the draf t i ng of techni cal schedules whi ch are
annexed to the Conditions of Land Sale or Grant, and
state in detail the requi rements of the project.
The section also moni tors design proposals and the
progress of a development through the vari ous stages,
i ncl udi ng work on site. Joi nt vent ures at present
represent a sizeable proportion of the total expenditure
Macau Ferry Terminal.
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on building works. Current joint ventures include major
f erry termini, markets, sports f acilities, schools, quarters,
social welf are f acilities, multi-storey car parks, transport
termini, public toilets and refuse collection points.
The increasing utilisation of computers has resulted
in the introduction of a Computer Aided Design Section
into the of f i ce. AO has used computers for the calcula-
tion of structural and service requirements for some time.
This is currently being expanded by the inclusion of a
computer aided drafting system to assist in the design
process and the production of working drawings.
Certain types of building designed by AO - schools
and police stations, for example - are repeated in
different locations throughout the territory. A large
proportion of the production i nf ormati on for such a
building can often be the same for each location.
The computer enables the prof essional disciplines to
produce and co-ordinate this inf ormation, modify it
when necessary and store it for re-use as required. It is
also planned to expand the system to help in the actual
design of projects, using its speed and power to explore
alternative schemes which would take many weeks using
conventional methods, thus enabling the designer to
f i nd better solutions to the new and di f f erent problems he
f aces in the varied workload of AO.
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IHong Kong Harbour.
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THE BUILDINGS ORDINANCE OFFICE
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Buildings Ordinanc e Offic e
Building is the most obvi ous acti vi ty in Hong Kong. From
the 35 000 f l at s produced annual l y by the Government ' s
Housi ng Aut hor i t y to the huge steel and glass st ruct ures
that domi nate the skyl i ne, new bui l di ngs seem to be
spri ngi ng up everywhere one looks.
Buildings are f orced skywards by the shortage of
land in the Terri t ory, 70 per cent of whi ch is mountai nous
and not sui tabl e f or bui l di ng.
Because of t hi s, Hong Kong' s bui l di ngs seem to
reach ever higher. The Connaught Centre, f or many
years dominating the Central waterf ront as the tallest
bui l di ng in Hong Kong, has al ready been overshadowed
by its nei ghbour, the newly compl eted Exchange
Square, whi ch will house Hong Kong' s new united Stock
Exchange.
Only metres away the f ut ur i st i c steel st ruct ure whi ch
is the new headquarters of the Hong Kong and Shanghai
Banki ng Corporat i on domi nates the Central Business
Di stri ct.
None of these new bui l di ngs, however, is as tal l as
the 64-storey Hopewell Centre in Wanchai , current l y the
t al l est building in the Terri t ory.
But even thi s tower wi l l be topped by the new
74-storey Bank of China Building. Excavation work on
the Cent ral site f or t hi s new bank has j ust begun.
Wi t h so much bui l di ng t aki ng place in such a
rest ri ct ed area tight control s on const ruct i on are
essenti al .
As the Government ' s Secretary f or Lands and
Works, Mr Nicky Chan tol d a recent conf erence in Hong
Kong: ' Nobody woul d chal l enge Government' s right to
lay down minimum standards for the design of tall
bui l di ngs. We are f aced wi th a compl ex soci ety, rapid
t echnol ogi cal devel opment, and a need to make the best
use of resources.
Tall building designs today are constantl y under
review in an attempt to achieve maximum constructi on
ef f i ci ency. Thi s requi res i nnovati on as wel l as establ i sh-
ing standards f or design and const ruct i on.
'It is di f f i cul t to maintain a balance between i nnova-
ti on, whi ch by its very nature requi res the acceptance
of ri sk, and the desire to legislate against f ai l ure by
imposing st ri ngent control s.'
Charged wi th mai ntai ni ng thi s balance and wi th
ensuring that buildings and builders comply with regula-
ti ons is the Building Development Department of the
Lands and Works Branch.
It is quite a task. What started as the Good Order
and Cl eanl i ness Ordi nance of 1844 has grown into
a document of more than 360 pages known as the
Buildings Ordi nance and Regul ati ons.
The regul at i ons have been drawn up over the years:
To provide for the planning, design and construction of
bui l di ngs and associated works; to make provi si on f or
the renderi ng saf e of dangerous buildings and land; and
to make provision f or associated works.'
Thi s l egi sl ati on is admi ni stered by the Building
Aut hor i t y, whi ch is vested in the Di rector of Bui l di ng
Devel opment. His executi ve arm is the Bui l di ngs Ordi n-
ance Of f i ce whi ch cont rol s private bui l di ngs and street
works as well as Mass Transit Railway works to ensure
compl i ance wi th building law. The Of f i ce also deals wi t h
pri vate buildings and hillsides f ound to be dangerous, or
in a potenti al l y dangerous state.
The Bui l di ngs Ordi nance Of f i ce is headed by the
Pri nci pal Government Building Surveyor and its basic
organi sat i on is shown on next page.
Boundaries of di vi si ons coi nci de wi th Di stri ct Board
boundaries to f acilitate consultation with the boards.
Communi cat i on wi t h members of the public at all levels
is an essenti al part of the work of the Bui l di ngs Ordi n-
ance Of f i ce and st af f are cal l ed upon to assist on many
occasi ons, part i cul arl y i n connect i on wi th unauthori sed
buildings.
The major f unct i ons of the Buildings Ordi nance
Of f i ce are descri bed and i l l ust rat ed in the f ol l owi ng
pages.
The Hong Kong and Shanghai Bank -
the futuristic steel structure.
22
The Buildings Ordinanc e Offic e Organisation
Branches, Divisions, and Duties
Buildings
Ordinanc e
Offic e
*
Headquarters
General Branch Geographi cal and admi ni st r at i ve di vi si ons in
Hong Kong, Kowloon, and the New Terri tori es,
new bui l di ngs
Structural Engineering Branch Geographi cal and admi ni st rat i ve di vi si ons in
Hong Kong, Kowl oon, and the New Terri t ori es,
new buildings
Engi neers deployed to all other Branches and
di vi si ons
Control and Enforcement Branch Control Division
Specialist Branch
Enf orcement Division
unauthorised building works
Dangerous Buildings Di vi si on
dangerous buildings and slopes
Works Division
works by government cont ract or
Speci al Duties Di vi si on
l i censi ng
Mass Transi t Rai l way Di vi si on
mass transi t railway matters
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Litigation Unit l i ti gati on and l egi sl ati on
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BUILDING CONTROL
New Building Works
Devel opment is a t hri vi ng i ndustry in Hong Kong and
each new bui l di ng erected by pri vate i ndi vi dual s or by
corporati ons is the product of a commercial operation or
a personal goal. It may rise f r om new land recentl y
reclaimed f r om the sea, or f r om the redevelopment of
any number of older properti es. Given normal condi ti ons
the building wi l l have a lengthy l i f espan and thus it is
i mport ant that it is saf e, f unct i onal , and envi ronmental l y
acceptabl e.
Western F\ Old building for redevelopment
Typical old buildings.
. .
Planning and Approval
Once it has been decided to embark on a project, a
f easi bi l i ty study must be made for a suitable type of
development f rom the standpoint of both aesthetics and
prof i tabi l i ty. Market f orces of ten di ctate the cri teri a.
To assess these f orces, a developer may approach
a specialist consul tant, or seek advice f rom the many
prof essi onal s in Hong Kong concerned with building
development, who may have preliminary discussions
with Government. When all requirements have been
dealt wi th, f ormal Government approval to the project
wi l l be sought. It is at this point that the Buildings
Ordi nance Of f i ce becomes di rectl y involved.
Plans of the scheme must be submitted to the
Buildings Ordi nance Of f i ce f or scruti ny. The submi ssi on
must be made on the developer's behalf by an architect,
engineer or surveyor, who is appropri atel y authori sed
to do so under the Buildings Ordi nance. He is known as
an Aut hori sed Person. The documents accompanyi ng
the submission conf i rm his appoi ntment and f ormal l y
request approval of plans.
The Authori sed Person takes on the responsi bi l i ty
f or ensuri ng that overal l compl i ance wi th the building
legislation is achieved throughout the project. His
acti vi ti es are monitored by the Building Aut hori t y in the
public i nterest, by means of spot checks, to make sure
that he is di schargi ng his statutory duti es properl y.
GOV ERNMENT OF H ONG KONG
Form 9
BU IL D INGS ORD INANC E
(C hapter 123 )
Section 4(1)
BU IL D ING (AD MINISTRATION) REGU L ATIONS
Regulation 29
Application for approval of plans of building works and/ or street works*
and
Notice of appointment of authorized person
(*architect/ engineer/ surveyor) as co-ordinator;
Notice of appointment of registered structural engineer
as consultant to appointed authorized person
GOV ERNMENT OF H ONG KONG
Form 12
BU IL D INGS ORD I NANC E
(C hapter 123 )
Section 14
BU I L D I NG ( AD MI NI STRATI ON) REGU L ATI ONS
Regulation 3 0(1 )(a)
Approval of Plans
Approved
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NOTE: As these plans have been examined only as
outlined in Practice Note for Authorised Persons and
Registered Structural Engineers 1983.99, par ticular
attention is drawn to Section 4(3)(b) of the Buildings
Ordinance regarding the duty of Authorised Persons
and Registered Structural Engineers and to Section
14(2)(c) regarding possible contraventions of any
provision of the Buildings Ordinance. This approval
should not be taken as the authentication of any
document required to be submitted under Building
(Administration) Regulation 8(1).
The plans are passed to the appropri at e di vi si on of the
General Branch f or processing and scrut i ny f or com-
pliance wi th the Buildings Ordi nance and Regul ati ons.
This covers such diverse matters as provi si ons f or the
handicapped, gas water heaters, ref use chutes and
chambers, as well as compl i ance wi t h any other allied
l egi sl ati on. The scrut i ny also i ncl udes vi si t s to the
sites and consul tati on wi th a large number of other
Government Departments which wi l l give advice on their
parti cul ar areas of interest as shown in the f ol l owi ng
diagram:
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Civil Engineering Office
(Port Works Division)
Marine st r uct ur es
Geotechnical Control Of f ice
Sl opi ng si tes, basements
Geot echni cal lease condi t i ons
Works in Mid-levels
Highways Of f ice
Roads, street lighting, parki ng
Drai nage (Urban Areas)
Disused tunnel s
Lands Department
Lease condi ti ons
Tree preservation
Mass Transit Of f ice
Mass Transi t Rai l way and route
prot ect i on
Railway Development Of f i ce
Kowl oon Canton Rai l way
NT. Development Department
Drai nage (Rural /NT. Areas)
Registrar General (Land Of f i ce)
Land t i t l e, surrenders and dedi cati ons
Town Planning Of f ice
Pl anni ng and parki ng proposal s
Water Supplies Department
Water suppl i es, wel l s
Water catchment areas
Plans IN
Lands and
Works
Branc h
Buildings
Ordinanc e
Offic e
Centralised
processing
of plans
Plans OUT
Agriculture and Fisheries
Department
Count ry parks
Ci vi l Aviation Department
Il l umi nated signs adjoi ni ng the ai rport
and sky si gns
Education Department
Requi rements f or schools
Fire Services Department
Fire servi ces i nst al l at i ons
Housing Department
Other Private sector part i ci pat i on schemes
Branc hes Cl osure of dangerous bui l di ngs
Demol i ti ons
Labour Department
Factori es
Marine Department
Il l umi nated signs f aci ng the harbour
Transport Department
Tr af f i c management - school s
Mul ti -storey car parks
Tr af f i c on large developments
Urban Services Department
Public Health matters
When all the vi ews have been co-ordi nat ed and it is
consi dered that there are no major cont ravent i ons, the
Bui l di ng Aut hori t y gi ves hi s approval to the pl ans, copi es
of whi ch are retai ned f or public record purposes. If the
plans are not acceptabl e, they are rej ected and the
Authorised Person must reappraise the scheme and
start the process agai n unti l compl i ance is achieved.
Approval of the general building plans is not the
end of the process and f urt her approval of the st r uct ur al
design prepared by a Regi stered St r uct ur al Engineer is
required. Designs submitted by him are scruti ni sed by
staf f of the Structural Engi neeri ng Branch of the Buildings
Ordi nance Of f i ce who, when sati sf i ed, approve the plans
on behal f of the Building Aut hori t y.
Here again the Registered Structural Engineer is
responsi bl e f or ensuri ng that everyt hi ng compl i es wi t h
the Buildings Ordi nance and Regul ati ons but, in the
public interest, the Building Aut hori t y moni tors whet her
or not the Registered Structural Engineer is carryi ng out
his st at ut ory duti es properl y.
Buildings Ordinance Office team scrutinising plans.
1
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Foundation works commence for new Bank of China building.
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Preparation
Bef ore a new building can be started, the site itself
may need some preparat i on. If it i nvol ves slopes the
geot echni cal design wi l l have al ready been approved,
but if the demol i ti on of some exi st i ng bui l di ngs is
requi red, measures to protect both the general public
and the adjoi ni ng buildings must be consi dered bef ore
demol i ti on starts.
These measures i ncl ude the provi si on of hoardi ngs
and covered wal kways so that passers-by are not
endangered by debri s, as wel l as proper support to
adjoi ni ng bui l di ngs by ti mber shori ng, if necessary, both
bef ore and duri ng the demol i ti on works.
Expert supervi si on by the cont ract or is speci f i cal l y
required. If , duri ng the course of routi ne i nspecti ons, it is
considered that the way the work is being done is
dangerous, then the Bui l di ngs Ordi nance Of f i ce can and
wi l l order work to stop unti l adequate precaut i onary
measures have been taken. Hoardi ngs and wal kways
are also provided to give protecti on duri ng const ruct i on
works.
Well-protected demolition site.
Temporary protection following demolition.
Construction
Wi t h al l site preparat i on compl eted and al l approval s
obtained the developer wi l l be able to commence
bui l di ng, but he must f i r st obtai n the consent of the
Building Aut hori t y and then appoint a Regi stered
Cont r act or who hi msel f has responsi bi l i t i es under the
l aw to compl y wi t h al l the appropri at e regul at i ons. Once
again the Bui l di ng Aut hor i t y keeps a wat chi ng bri ef on
hi m j ust as f or the Aut hori sed Person and f or the
Regi stered St ruct ural Engineer.
The f i r st steps in any major si te works i nvol ve the
aspects governi ng the ground and sl opes- geot echni cal
mat t ers as they are known - together wi t h the basic
f oundat i ons. The l atter can be steel or concret e piles
(bored or dri ven), cai ssons, raf t s or any other type of
f oundat i on that a Regi stered St r uct ur al Engi neer has
sel ected as the most sui tabl e f or the site condi t i ons
and the type or devel opment proposed. The Regi stered
St ruct ural Engi neer (who i s whol l y responsi bl e) shoul d
caref ul l y supervi se thi s aspect but the St r uct ur al
Engi neeri ng Branch of the Bui l di ngs Ordi nance Of f i ce
wi l l also moni tor the works.
Once the bui l di ng is ' out of the ground' the wor k
of the Aut hori sed Person and Regi stered St r uct ur al
Engineer is moni tored t hrough spot checks by both a
surveyor and an engi neer f r om the Bui l di ngs Ordi nance
Of f i ce to conf i r m that the bui l di ng i s being erected i n
accordance wi th the approved plans, and is in general
compl i ance wi th the Bui l di ngs Ordi nance and Regula-
tions. Part i cul ar at t ent i on is paid to the qual i ty of
concret e used in const ruct i on.
With the completion of the structure all the internal
servi ces such as f i r e servi ces i nst al l at i on, wat er, ai r-
condi t i oni ng (if provided) and l i f t s can be i nstal l ed,
and both i nt ernal and ext ernal f i ni shi ng put in hand.
Drai nage is laid and tested to sat i sf y the Bui l di ng
Aut hori t y that it is in order and t hat , once covered, t here
wi l l be no potenti al health ri sks.
Site format/on.
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Augered piling.
29
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Completion
The bui l di ng should now be standi ng on its site as it was
planned and ready f or occupati on. Final checks are
made by the Building Aut hori t y to ensure that f resh water
and f l ushi ng water are avai l abl e, gas saf ety precauti ons
have been f ol l owed, l i f t s are worki ng and f i r e servi ces
i nst al l at i ons have been completed to the sat i sf act i on of
the Fire Servi ces Department.
If all these checks are sat i sf act ory and everythi ng is
f ound to be in order, the developer will receive a permit to
occupy the building. He wi l l , in many cases, also need to
obt ai n a cer t i f i cat e of compl i ance wi th the lease condi -
t i ons, f r om the Di rector of Lands, bef ore he can put the
building on the market for sale.
The work of the General Branch of the Buildings
Ordi nance Of f i ce is then ended and the f i ni shed building
comes into a new phase of cont rol di rected to ensure
t hat the standards of public health and saf ety are not
relaxed.
Newly completed building.
Checking of works in progress.
30
Illegal Building Works
Due to shortage of accommodation in Hong Kong,
owners and occupi ers of buildings sometimes carry out
i l l egal al t erat i ons and ext ensi ons to thei r premises.
Whi l st at f i r st gl ance minor changes may seem to cause
l i t t l e problem, it is when such minor changes are mul ti -
plied that they can become a risk to lif e or a hazard to
health. So many unauthori sed bui l di ng works have been
and are being carri ed out that cont rol must be exerci sed
to preserve both the saf ety of bui l di ngs and the envi ron-
ment of those who live or work in them.
The usual way the exi st ence of unauthori sed
bui l di ng work becomes known to the Buildings Ordi n-
ance Of f i ce i s through compl ai nt s f rom the general
public. These are passed in the f i r st i nstance to the
Cont rol Di vi si on of the Control and Enf orcement Branch
of the Bui l di ngs Ordi nance Of f i ce. Their aim is to make
an i nspecti on of the premises f eat uri ng in the compl ai nt,
and t echni cal of f i cer s are assigned to i nspect and com-
pare what they f i nd on the site wi th what was ori gi nal l y
approved.
The more common types of unauthori sed works are
roof -top structures, extensions to f l ats, cages, f illed in
re-ent rant s or f i l l ed- i n light wel l s, all of whi ch could
represent both a danger to the building or the public or
be a health hazard. Securi ty gates to f l at s also represent
a wel l known danger as they could i nt er f er e wi t h means
of escape f rom the premises.
In some cases a word to the owner may resul t in the
removal of the of f endi ng st r uct ur e, but more of t en t han
not it is necessary to serve an order on the owner gi vi ng
him a reasonabl e period to remove the st r uct ur e. If he
complies thi s is all to the good but if not, he will be
warned that unless he does so by a cer t ai n date, the
Government cont ract or wi l l be i nst ruct ed to remove the
of f endi ng st r uct ur e and the owner wi l l be charged wi t h
the actual cost of the work plus supervi si on charges.
If he persi sts in bui l di ng unauthori sed st r uct ur es,
the owner wi l l be prosecuted and, on convi ct i on, wi l l
suf f er a f i ne and/or i mpri sonment .
In an attempt to reduce the number of unauthori sed
st ruct ures, part i cul arl y i n new bui l di ngs, the Cont r ol
and Enf orcement Branch has programmed i nspect i ons
whi ch assist in det ect i on and enable rapi d act i on to be
taken. Furt her, as prevent i on is better than cure, the
publ i c at large is cont i nual l y being i nf ormed of what is
not permi tted, t hrough radio and T.V. announcement s
and advi sory posters.
Staf f of the Buildings Ordi nance Of f i ce are al ways
wi l l i ng to advise the public on what woul d be consi dered
to be unauthori sed building work and it is t her ef or e in
everybody' s i nterest to call the of f i ce if in doubt.
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Unauthorised structures.
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Dangerous Buildings
No bui l di ng wi l l remai n in good condi t i on i ndef i ni t el y
unless properl y mai ntai ned and wi th the passage of ti me
i t wi l l suf f er general det eri orat i on unti l parts or the whol e
of it become a hazard to the occupant s or the public at
large.
Tropi cal cycl ones (t yphoons), f i r es, and building
wor ks on adj oi ni ng si tes are all addi ti onal dangers to
bui l di ngs and can resul t in damage. Deteri orati on may
also be the resul t of the use of poor mat eri al s in
const ruct i on. In the i nt erest s of public saf et y, precau-
t i onar y measures and remedial works may be necessary.
Dangerous and def ect i ve bui l di ngs are usual l y
brought to the attenti on of the Dangerous Buildings
Di vi si on of the Bui l di ngs Ordi nance Of f i ce through a
compl ai nt f rom the publ i c or a report f r om another
Government Department of a specif ic incident. On receipt
of the compl ai nt an immediate i nspecti on is made. Partial collapse of an old building due to deteriorationf/964).
Fa/lure of retaining wall (1964)
If a building is in a dangerous condi ti on and
represents a t hreat to the saf et y of the occupant s it can
be closed on appl i cati on to the courts. The time of
cl osure is usually a month f ol l owi ng the appl i cat i on, but
in emergency cases the closure can be immediate or in a
f ew days. Arrangement s f or the t emporary rehousi ng of
tenants displaced by a cl osure are made in co-operat i on
wi th the Housing Department. Where a building cannot
be reasonably repaired an Order to demolish it will be
issued.
If repai r is possible and reasonabl e, then an Order
wi l l be served upon the owner stati ng the wor ks that
must be carri ed out. The owner wi l l be given the appro-
pri ate ti me to compl ete the repai rs but if he f ai l s to
compl y wi th the Order, the works wi l l be carri ed out by
the Government Cont ract or. The cost of the work, plus a
supervi si on charge, i s then recovered f rom the owner.
There are sti l l some 2 500 pre-war bui l di ngs in Hong
Kong, many of whi ch are in a di l api dat ed condi t i on.
In ant i ci pat i on of f ur t her det er i or at i on, the Bui l di ngs
Ordi nance Of f i ce makes pl anned surveys of var i ous
selected areas where the buildings are l i kel y to be in a
part i cul arl y sensi ti ve condi t i on. Such surveys reduce
si gni f i cant l y any danger of unexpected col l apses. The
aim of the Dangerous Bui l di ngs Di vi si on is to seek out
any potentially dangerous buildings, monitor them and
advise of f ur t her det eri orat i on, wi t h a vi ew to cl osure and
possi bl e demol i ti on if it is unreasonabl e to repai r them.
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Dangerous Slopes
Many pot ent i al l y dangerous sl opes and land support ed
by ret ai ni ng wal l s of dubi ous st rengt h have been
i dent i f i ed as the resul t of ext ensi ve surveys car r i ed out
under t he supervi si on of t he Geot echni cal Cont r ol Of f i ce
of t he Engi neer i ng Devel opment Depar t ment . Wher e
these surveys i nvol ve pri vat e bui l di ngs or land, an
order to st abi l i se or repai r them may be served on the
owners, who in a large devel opment may be numerous.
The si ze and compl exi t y of the wor ks requi red of t en
lead to di f f i cul t i es i n get t i ng al l the owners to agree wi t h
the resul t t hat , in the i nt erest s of publ i c saf et y, the
Government may step in and carry out the wor ks on
behal f of the owners. Such proj ect s nearl y al ways need a
speci al i st consul t ant f or the design and supervi si on of
the wor ks and his charges wi l l be i ncl uded in the costs to
be recovered f r om the owners.
Slope remedial works in progress.
Dangerous Signs
Wi th the thousands of si gns in Hong Kong it is i nevi t abl e
t hat some become so neglected that they represent a
danger to pedestri ans and t r af f i c, especi al l y the l arge
ones over public t horoughf ares. Where an owner can be
l ocated he is requi red to remove any di l api dated sign but
in cases where he cannot be f ound and the sign is
dangerous, t he Bui l di ngs Ordi nance Of f i ce arranges f or
i mmedi ate removal by the Government Cont ract or.
Slope remedial works. Dangerous signs.
'
Defective Drains
Not only buildings can be dangerous, but also def ecti ve
drains, for example, whi ch can pose a danger to health.
Where drains are clearly such a danger, a statutory
order wi l l be issued requiring the owner to carry out
repairs (which may be above and/or below ground) and
if he def aults, the work will be carri ed out by the Govern-
ment Contractor. It is of interest that where a large
building has a proper management committee, this wi l l
generally arrange for the work to be done by a contractor
f ami l i ar with the building.
The Government Contractor
Whenever owners have f ailed to carry out works required
by a statutory order, and where works are required for
emergency reasons, they are normally carried out by a
contractor appointed by the Government, who works
under the supervision of the Works Division of the
Buildings Ordinance Of f i ce. This division also liaises
wi th other Government departments in such matters as
the removal of projections f rom buildings, which may
interf ere with the construction of new f ly-overs or obstruct
bus routes.
Mass Transit
In the case of the Mass Transi t Railway, care has to be
taken to ensure that development along an exi sti ng
route does not af f ect the railway, and similarly that
potential developments do not prejudice any f ut ure
railway routes. The Buildings Ordinance Of f i ce theref ore
conti nues to monitor both situations.
Licensing
Licensing covers a wide range of subjects including
schools, kindergartens, child care centres, restaurants,
f ood business premises, cinemas, theatres and dance
halls. Al though the Building Authori ty is not responsible
f or licensing f or these matters, the Buildings Ordinance
Of f i ce is called upon to advise the licensing authorities
on the sui tabi l i ty of the structure and the ef f ecti veness of
means of escape in case of f i re. This is done by the
Special Duties Division, the end product being an
assurance to the public that matters concerni ng saf ety
have been properly taken care of.
The licensing of oil storage installations is con-
sidered necessary in order to protect the public f rom the
ef f ect s of a possible major oil spill and the Building
Authori ty is the actual Licensing Authori ty f or the
environmental consideration. All tanks must be inspected
at regular intervals by a qualif ied engineer who certif ies
thei r condition. Strict adherence to all the requirements
in the Building (Oil Storage Installations) Regulations
means that the Hong Kong public is given the maximum
protection.
Although not strictly a licensing matter, the Buildings
Ordi nance Of f i ce also deals wi th the subject of noise
f rom const ruct i on sites. Normally no powered equip-
ment, and in particular no piling, is permitted between
7.00 p.m. and 7.00 a.m. on weekdays or on Sundays and
public holidays.
However, there are occasi ons when it becomes
necessary for works to be allowed at night and a
rel axati on of the restri cti ons may be given in certai n
ci rcumstances upon appl i cati on to the Building
Aut hori t y. Limited mechanical equipment is t heref ore
sometimes allowed under Permitted Works Permits which
are based upon cri teri a laid down by the Envi ronmental
Protection Agency, the main aim being not to cause
di sturbance to the public. Permits are also issued in
excepti onal ci rcumstances, such as where t r af f i c
problems occur during worki ng hours or where work
must be carri ed out accordi ng to the tides.
Emergency Organisation
Emergencies can occur at any time or day or night and
in recognition of the i mportance of public saf ety the
Buildings Ordi nance Of f i ce mai ntai ns a 24-hour servi ce
by means of a radio paging system. In response to any
emergency call (normal l y f rom the Pol i ce), an of f i cer
f rom the Buildings Ordinance Of f i ce wi l l make an inspec-
tion to give advice and take all necessary action in
respect of any dangerous situation i nvol vi ng buildings.
In respect of dangerous slopes, the of f i cer calls upon
the services of the Geotechnical Control Of f i ce whi ch
also maintains a 24-hour emergency servi ce.
During tropi cal cyclones and sometimes duri ng
other adverse weather conditions, there may be a large
number of emergencies, and to cope wi th this si tuati on
the Buildings Ordinance Of f i ce sets up its own emergency
organisation wi th teams of up to 14 st af f , worki ng
six-hour shi f ts f or the durati on of the emergency. This
Emergency Centre also liaises wi th the Geotechni cal
Control Of f i ce' s Emergency Centre.
To deal with any parti cul arl y dangerous si tuati on,
the Government Contractor is also on f ul l alert duty, so
that he can provi de, for exampl e, t emporary shoring in
order to alleviate the danger. Af t er an emergency has
passed, any f urt her action is generally carri ed through
by staf f of the Dangerous Buildings Divisions, whi ch may
issue statutory orders or arrange f or emergency works to
be carried out.
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Temporary Buildings
During the many f est i val s in Hong Kong all sorts of
temporary st ruct ures, normal l y const ruct ed of bamboo,
are erected and the Buildings Ordi nance Of f i ce gives
advice on these st ruct ures to the Licensing Authori ty.
This duty evolved f rom the di sastrous f i r e in the stands at
Happy Valley Race Course in 1911, and again is yet
another instance where the Buildings Ordi nance Of f i ce
is protecti ng public saf ety.
Appeals and Prosecutions
Legislation, like buildings, may become out-dated or new
problems may arise requi ri ng new legislation, whi ch
means that all the laws must be kept under constant
review. In the Buildings Ordi nance Of f i ce this is done by
the Li ti gati on and Legislation Unit and changes in the
law are sought whenever necessary.
All legislation is subject to chal l enge and the
Buildings Ordi nance is no excepti on. Any person who
consi ders that he has been prejudi ced by a decision of
the Building Aut hori t y can put his case bef ore an Appeal
Tri bunal whi ch wi l l listen caref ul l y to the arguments of
both sides bef ore reaching a decision. Interpretati on of
the Ordi nance can also be challenged in the courts, so
overal l the public is well protected.
On occasi ons it is necessary to prosecute members
of the public on such matters as illegal building works. In
other cases, where dangerous building practi ces are
discovered, Authori sed Persons or cont ract ors might
f i nd themsel ves f aci ng charges in the courts. Where
prosecuti on is not appropri ate there are di sci pl i nary
boards to deal wi th cont ract ors or Authori sed Persons
who have been guilty of negligence or mi sconduct. In all
these si tuati ons the Li ti gati on Unit is the co-ordi nator.
The Building Aut hori t y through the Buildings Ordin-
ance Of f i ce of f er s a protecti ve service rather than a
product, but it is a servi ce that helps to ensure that
envi ronmental standards (where they concern buildings)
are maintained wi th the consequential benef i ts to the
communi ty at large.
Mat shed for Cantonese opera.
>
HKP 351-EOOab H77 L
[HKP] 354.20086 H77 L
HKP 35M.5DD.ab H77 L
|HK. Lands and Works Branch.
Information and Public
Relations Unit
Date Due 1360629
TOG

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