### Foreshore and Sea-bed (Reclamations) Ordinance 《前濱及海床(填海工程)條例》

1. Short title
This Ordinance may be cited as the Foreshore and Sea-bed (Reclamations) Ordinance.

2. Interpretation
In this Ordinance, unless the context otherwise requires—
Director (署長) means the Director of Lands; (Amended L.N. 94 of 1986; L.N. 291 of 1993)
foreshore and sea-bed (前濱及海床) means the shore and bed of the sea and of any tidal water within Hong Kong, below the line of the high water mark; (Amended E.R. 6 of 2019)
reclamation (填海工程) includes any work over and upon any foreshore and sea-bed;
reference interest rate (參考利率) means the 1-month Hong Kong Dollar Interest Settlement Rate published by The Hong Kong Association of Banks by the close of business on a day; (Added 25 of 2023 s. 23)
Secretary (局長) means the Secretary for Development. (Added 25 of 2023 s. 23)
(Amended 25 of 2023 s. 23)

2A. Assumption and delegation by Director
(1) The Director may act under this Ordinance in relation to any reclamation proposed by the Director to be executed by—
(a) a person who is not a public officer; or
(b) a public officer on the Director’s behalf,
and this Ordinance applies to the reclamation.
(2) If the Director proposes that any reclamation be executed by another person, any compensation payable in respect of the reclamation is, subject to any agreement, payable by the Government.
(3) The Director may in writing authorize any person, either generally or in any particular case, to exercise any of the powers, functions and duties conferred or imposed on the Director under this Ordinance.
(Added 25 of 2023 s. 24)

3. Plans relating to reclamations
Where a reclamation is proposed in relation to any foreshore and sea-bed, the Director shall prepare a plan delineating and describing the proposed reclamation and the foreshore and sea-bed intended to be affected thereby.

4. Availability for public inspection
A copy of a plan prepared under section 3 shall, upon the publication of a notice under section 5, be available for inspection by the public free of charge at such offices of the Government as the Director may direct, during the hours when those offices are open to the public.

### Foreshore and Sea-bed (Reclamations) Ordinance 《前濱及海床(填海工程)條例》

5. Publication
(1) Upon completion of the preparation of a plan under section 3, the Director must cause notice of the plan to be published— (Amended 25 of 2023 s. 25)
(a) in 2 issues of the Gazette in both the Chinese and English languages;
(ab) on the website specified by the Director; (Added 25 of 2023 s. 25)
(b) in 2 issues of a Chinese language newspaper;
(c) in 2 issues of an English language newspaper; and
(d) by affixing copies in the Chinese and English languages in such prominent positions within or near the foreshore and sea-bed affected by the notice, as may be appropriate for the purposes of drawing the notice to the attention of the public.
(2) The notice referred to in subsection (1) shall—
(a) describe the foreshore and sea-bed affected and describe the manner in which it will be affected by the proposed reclamation;
(b) either be published together with a copy of the plan to which it relates, or state where and at what times a copy of the plan may be inspected; and
(c) state that any person who considers that he has an interest, right or easement in or over the foreshore and sea-bed so described, may object to the proposal under section 6.
(3) A notice published under this section shall be deemed to be notice to every person who has an interest, right or easement in or over the foreshore and sea-bed described therein.

6. Objections
(1) Any person who considers that he has an interest, right or easement in or over the foreshore and sea-bed described in a notice published under section 5 may, by notice in writing delivered to the Director before the expiration of such time being not less than 2 months as shall be specified in the notice, object to the proposed reclamation.
(2) A notice of objection shall describe the interest, right or easement of the objector and the manner in which he alleges he will be affected.
(3) An objection made on a ground relating to any compensation (whether monetary or non-monetary) or any financial or other assistance (compensation or assistance

7. Authorization procedure if no objection made
When the time for the making of objections under section 6 in respect of a proposed reclamation has expired and no objection has been delivered to the Director, or if any objections made have all been withdrawn, the Chief Executive may authorize the proposed reclamation.
(Amended 62 of 2000 s. 3)

### Foreshore and Sea-bed (Reclamations) Ordinance 《前濱及海床(填海工程)條例》

8. Authorization procedure if objection made
(1) Where at the expiry of the time for the making of objections under section 6 in respect of a proposed reclamation any objection has been delivered under that section, the Director must, within the period determined in accordance with subsections (1A) and (1B), submit to the Chief Executive in Council for consideration the proposed reclamation and any such objection, and the Chief Executive in Council must consider the proposed reclamation and every objection and may— (Amended 25 of 2023 s. 27)
(a) decline to authorize the reclamation;
(b) authorize the reclamation in part only and defer for further consideration at a future time specified by the Chief Executive in Council any objection which relates to the remaining part of the reclamation not so authorized; or (Amended 25 of 2023 s. 27)
(c) authorize the whole of the reclamation. (Amended 17 of 1998 s. 2)
(1A) Except as extended under subsection (1B), the period mentioned in subsection (1) is 5 months after the date of expiry of the time for making objections under section 6. (Added 25 of 2023 s. 27)
(1B) The Secretary may, on application by the Director—
(a) extend the period mentioned in subsection (1A) for 2 months if the Secretary considers it appropriate to do so in a particular case; and
(b) further extend the period on not more than 2 occasions and for 2 months for each extension if the Secretary is satisfied that exceptional circumstances exist in a particular case. (Added 25 of 2023 s. 27)
(2) Where a reclamation is authorized under subsection (1)(b) or (c), the plan relating to such reclamation shall be subject to such modifications and conditions as the Chief Executive in Council thinks fit. (Amended 62 of 2000 s. 3)