Tag Archives: China

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Qualified person prohibited by disciplinary board from certifying prescribed inspections and repairs of windows for six months

     The Registered Contractors’ Disciplinary Board (the Board) has completed a disciplinary inquiry under the Buildings Ordinance (BO) and decided that a registered minor works contractor (RMWC) appointed as a qualified person (QP) under the Mandatory Window Inspection Scheme (MWIS) should be disciplined for failing to discharge the duties or abide by the requirements imposed on a QP under the BO. 

     The Board ordered the RMWC to be prohibited from certifying any prescribed inspection, or certifying or supervising any prescribed repair of windows, for six months with effect from the date of the Gazette, and to pay a total of $43,400, being the costs of the Board and the Buildings Department (BD) for conducting the inquiry. 

     The Board’s written decision and order issued on March 14 was published in the Gazette today (March 28). Details are available at the following link: www.gld.gov.hk/egazette/pdf/20252913/egn202529131789.pdf.

     The RMWC submitted a certificate to the BD in April 2021, certifying that a prescribed inspection had been carried out to the windows of a residential unit in Tuen Mun, and that those windows were safe and no prescribed repair was required. Subsequently, the BD conducted an investigation in response to a report and found that the rivets of some windows showed greyish white power or rust. 

     The RMWC was later prosecuted, convicted and fined $9,000 at the Tuen Mun Magistrates’ Courts in May 2022, pursuant to sections 40(2B)(b) of the BO, for having carried out a prescribed inspection in a manner likely to cause a risk of personal injury or property damage. 

     In view of the convictions and investigation results, the BD notified the Board for its consideration of disciplinary action against the RMWC under the provisions of section 13(1) of the BO. 

     A spokesperson for the BD reiterated that in order to ensure building safety, the BD attaches great importance to the quality of the prescribed inspection and repair of windows by a QP under the MWIS. Any QP who contravenes the relevant provisions of the BO in carrying out a prescribed inspection and repair of windows under the MWIS is not only liable to criminal prosecution but also disciplinary action under the BO.  read more

Approved Tai Po Outline Zoning Plan amended

     The Town Planning Board today (March 28) announced amendments to the approved Tai Po Outline Zoning Plan (OZP).
      
     The amendments mainly involve (i) rezoning a site at the junction of Lo Fai Road and Ting Kok Road from “Green Belt” (“GB”) and an area shown as ‘Road’ to “Residential (Group A)11” to facilitate a public housing development under a Land Sharing Pilot Scheme (LSPS) application (LSPS Site A); (ii) rezoning a site at Ting Kok Road to the north of Fortune Garden from “GB” and an area shown as ‘Road’ to “Residential (Group A)12” to facilitate a private housing development under a LSPS application (LSPS Site B); (iii) rezoning a site to the north of Shek Kwu Lung from “Open Space” to “Government, Institution or Community (3)”; (iv) rezoning two parcels of land adjoining the LSPS Site A and Site B along Ting Kok Road from areas shown as ‘Road’ to “GB”; (v) rezoning a strip of land to the east of the LSPS Site B along Ting Kok Road from “GB” to an area shown as ‘Road’; (vi) rezoning two parcels of land to the north of Fortune Garden along Ting Kok Road from “Residential (Group C)1” (“R(C)1”) to areas shown as ‘Road’; and (vii) rezoning a parcel of land to the north of Fortune Garden along Ting Kok Road from an area shown as ‘Road’ to “R(C)1”.
 
     The Notes and Explanatory Statement of the OZP are amended to take into account the above amendments. Opportunity is also taken to update the general information of various land use zones and the planning scheme area, where appropriate.
 
     The draft Tai Po OZP No. S/TP/31, incorporating the amendments, is available for public inspection during office hours at (i) the Secretariat of the Town Planning Board, (ii) the Planning Enquiry Counters, (iii) the Sha Tin, Tai Po and North District Planning Office, (iv) the Tai Po District Office, and (v) the Tai Po Rural Committee.
 
     Any person may make written representations in respect of the amendments to the Secretary of the Town Planning Board on or before May 28. Any person who intends to make a representation is advised to read the Town Planning Board Guidelines No. 29C on “Submission and Processing of Representations and Further Representations” (TPB PG-No. 29C).

     Submission of a representation should comply with the requirements set out in TPB PG-No. 29C. In particular, the representer should take note of the following:
 
* If the representer fails to provide his or her full name and the first four alphanumeric characters of his or her Hong Kong identity card or passport number as required under TPB PG-No. 29C, the representation submitted shall be treated as not having been made; and
* The Secretariat of the Town Planning Board reserves the right to require the representer to provide identity proof for verification.

     The Guidelines and the submission form are available at the above locations (i) and (ii) as well as the Town Planning Board’s website (www.tpb.gov.hk).

     Copies of the draft Tai Po OZP are available for sale at the Map Publications Centre in North Point. The electronic version of the OZP can be viewed on the Town Planning Board’s website (www.tpb.gov.hk). read more

Draft Nam Sang Wai Outline Zoning Plan approved

     The Chief Executive in Council has approved the draft Nam Sang Wai Outline Zoning Plan (OZP). 
      
     “The approved OZP provides a statutory land use planning framework to guide the development and redevelopment within the Nam Sang Wai area”, a spokesman for the Town Planning Board said today (March 28). 
      
     The planning scheme area, covering about 600 hectares, is bounded by San Tin Highway and Castle Peak Road – Tam Mi in the east, Mai Po and Fairview Park area in the north, Shan Pui River and Yuen Long New Town in the west and Shan Pui Chung Hau Tsuen and Castle Peak Road – Yuen Long in the south.

     The approved OZP has incorporated amendments shown on the draft Nam Sang Wai OZP No. S/YL-NSW/9, which mainly involve (i) rezoning an area to the north of Ho Chau Road from “Residential (Group D)” (“R(D)”) to “Residential (Group A)1”, “Residential (Group A)2” and “Other Specified Uses” (“OU”) annotated “Pumping Station” to facilitate public housing and private residential developments under a Land Sharing Pilot Scheme application; (ii) rezoning a strip of land to the north of Ho Chau Road from “R(D)” to “Village Type Development” (“V”) as an extension of the adjacent “V” zone, with the remaining knoll from “R(D)” to “Green Belt” to reflect the existing condition; and (iii) rezoning a site at Wing Kei Tsuen from “OU” annotated “Comprehensive Development to include Wetland Restoration Area” to “OU” annotated “Comprehensive Development to include Wetland Restoration Area 1” for a private comprehensive residential development.
      
     The Notes and Explanatory Statement of the OZP have been amended to reflect the above amendments. Opportunity is also taken to update the general information of various land use zonings and the planning circumstances, where appropriate. 
      
     The approved Nam Sang Wai OZP No. S/YL-NSW/10 is available for public inspection during office hours at (i) the Secretariat of the Town Planning Board, (ii) the Planning Enquiry Counters, (iii) the Fanling, Sheung Shui and Yuen Long East District Planning Office, (iv) the Yuen Long District Office, (v) the San Tin Rural Committee, and (vi) the Shap Pat Heung Rural Committee.
 
     Copies of the approved OZP are available for sale at the Map Publications Centre in North Point. The electronic version of the OZP can be viewed on the Town Planning Board’s website (www.tpb.gov.hk). read more