### Town Planning Ordinance 《城市規劃條例》

12. Revocation, replacement and amendment of approved plans
(1) The Chief Executive in Council may revoke in whole or in part—
(a) an approved plan; or
(b) an approval given under section 9 to a part of a partly approved plan. (Replaced 25 of 2023 s. 59)
(1A) The Secretary for Development may—
(a) refer an approved plan to the Board for—
(i) replacement by a new plan; or
(ii) amendment; or
(b) refer a partly approved plan to the Board for amendment of an approved part (referred part

### Town Planning Ordinance 《城市規劃條例》

13. Approved plans and approved parts of partly approved plans to serve as standards
(Amended 25 of 2023 s. 61)Approved plans and approved parts of partly approved plans must be used by all public officers and bodies as standards for guidance in the exercise of any powers vested in them.
(Amended 3 of 1958 s. 3; 25 of 2023 s. 61)

13A. Works etc. authorized under Roads (Works, Use and Compensation) Ordinance and scheme authorized under Railways Ordinance
Any works or use authorized under the Roads (Works, Use and Compensation) Ordinance (Cap. 370) or any scheme authorized under the Railways Ordinance (Cap. 519) shall be deemed to be approved under this Ordinance, whether or not those works or that use or that scheme form part of a plan approved by the Chief Executive in Council under section 9.
(Added 37 of 1982 s. 39. Amended 59 of 1997 s. 47; 62 of 2000 s. 3)

### Town Planning Ordinance 《城市規劃條例》

15. Expenses of the Board
Any expense incurred with the sanction of the Chief Executive by the Board in connection with the exercise of its powers or the performance of its duties under this Ordinance shall be met from moneys voted by the Legislative Council.
(Amended 62 of 2000 s. 3; 25 of 2004 s. 14)

### Town Planning Ordinance 《城市規劃條例》

17A. Constitution of Appeal Board
(1) The Chief Executive may appoint a panel of persons (the Appeal Board panel

### Town Planning Ordinance 《城市規劃條例》

17B. Appeals
(1) An applicant who is aggrieved by a decision of the Board on a review under section 17 may appeal by lodging, within 60 days after notification of the Board’s decision under section 17(6), a notice of appeal setting out the grounds for the appeal and such other particulars as may be prescribed.
(2) The appellant and the Board may appear before an Appeal Board in person, where applicable, or by an authorized representative.
(3) No decision of an Appeal Board shall be questioned by virtue of the absence of a member of the Appeal Board during the hearing of an appeal provided that member does not participate in the final decision of the Appeal Board.
(4) The Chief Executive in Council may make regulations prescribing the procedures to be followed in making an appeal, including matters to be set out in or to accompany the notice of appeal, the hearing of an appeal and the determination of an appeal. (Amended 62 of 2000 s. 3)
(5) If a person mentioned in subsection (2) fails to appear on a date set for the hearing of an appeal, an Appeal Board may proceed to hear any other party entitled to appear and may make its decision without hearing the absent party.
(6) Prior to or at the hearing of an appeal, an Appeal Board may—
(a) consider and determine whether a party should have access to documents which the party claims are relevant to the appeal and which are in the possession or control of another person and order that other person to give the party access to such documents;
(b) hear evidence on oath and administer any oath necessary to swear in a witness;
(c) admit or take into account any statement, document, information or matter whether or not it would be admissible as evidence in a court of law;
(d) by notice in writing summon any person to appear before it to give evidence and to produce any document or other thing specified in the notice.
(7) Any notice or order of an Appeal Board shall be issued under the hand of the Chairman or a Deputy Chairman. (Amended 14 of 1996 s. 3)
(8) At the completion of the hearing of parties appearing at an appeal or at any adjourned hearing, an Appeal Board may—
(a) adjourn for such period as it considers necessary to reach its decision;
(b) confirm, reverse or vary the decision appealed against;
(c) award to a party such costs legal or otherwise as it considers reasonably incidental to the preparation and presentation of an appeal.
(9) The decision of an Appeal Board on any appeal shall be final.
(Added 101 of 1991 s. 4)

### Town Planning Ordinance 《城市規劃條例》

17C. Offences
Any person who—
(a) is served with a summons under section 17B(6)(d) and who—
(i) refuses or neglects without sufficient cause to appear or to produce any document, record or other thing required to be produced; or
(ii) refuses to be sworn or give evidence; or
(b) refuses to comply with an order of the Appeal Board under section 17B(6),
commits an offence and is liable to a fine at level 5.
(Added 101 of 1991 s. 4. Amended E.R. 1 of 2021)

18. Amendment of diagrams, etc.
(1) Where a draft plan prepared before the commencement* of the Town Planning (Amendment and Validation) Ordinance 1974 (59 of 1974), whether it has been approved under section 9 or not, contains, or is accompanied by, diagrams, illustrations, notes or descriptive matter, the Board may, for the purpose of removing any uncertainty— (Amended E.R. 1 of 2021)
(a) amend such diagrams, illustrations, notes or descriptive matter; or
(b) replace such diagrams, illustrations, notes or descriptive matter with such other diagrams, illustrations, notes or descriptive matter as it thinks fit,
and the amended or new diagrams, illustrations, notes or descriptive matter shall be, and shall be deemed always validly to have been, part of the plan.
(2) Where, pursuant to subsection (1), the Board amends or replaces any diagrams, illustrations, notes or descriptive matter contained in, or accompanying, a draft plan which has been approved under section 9, the Board shall notify the Land Registrar of the amendment or replacement and the Land Registrar shall make such amendment of the copy of the plan deposited with him under section 11 as may be necessary. (Amended 8 of 1993 s. 3)
(3) Where the Board has amended or replaced any diagrams, illustrations, notes or descriptive matter under subsection (1), the Board shall make such amended or new diagrams, illustrations, notes or descriptive matter available for public inspection and shall publish in the Gazette a notice of the place and time at which the same may be inspected.
(4) Notwithstanding any provision of this Ordinance, no objection shall be allowed to any amendment or replacement made by the Board under subsection (1).
(Added 59 of 1974 s. 3) Editorial Note:
* Commencement date: 15 August 1974.

### Town Planning Ordinance 《城市規劃條例》

19. Comprehensive development area validation
The inclusion in a plan of an area described as “(Other Specified Uses) Comprehensive Development Area” or “(Other Specified Uses) Comprehensive Redevelopment Area”, and all decisions of the Board and of the Building Authority under the Buildings Ordinance (Cap. 123) in relation to the area, that could have validly been included or made under this Ordinance or the Buildings Ordinance (Cap. 123) had the amendments made by the Town Planning (Amendment) Ordinance 1988 (2 of 1988) been in operation at the time of the inclusion or decisions, shall not be held to be invalid by reason only that those amendments were not then in operation.
(Added 2 of 1988 s. 7)