and further representations to the Chief Executive in Council for approval
within nine months of the expiry of the plan exhibition period (or within such
a further six-month period as may be extended by the Chief Executive).
As for planning enforcement, sections 22 and 23 were amended and a new
section 24A was added. The amended ordinance empowers the Planning
Authority (i.e. the Director of Planning) to enter or to have access through any
land or premises (except domestic premises) for investigation of a suspected
unauthorised development (UD). A notice may be served under section 22 to
request information relating to the suspected UD. Failure to comply with the
notice served under section 22 is an offence and will be liable to a fine of up to
100,000 Hong Kong dollars. A notice may be served under section 23 to request
discontinuation of a UD if the Authority is of the opinion that there is a UD. In
forming an opinion on whether there is a UD, the Authority must have regard to
aerial photographs taken by the Lands Department, the relevant statutory plans
and other relevant information. Upon the service of a notice under section 23(1),
the notice recipient will be required to discontinue the UD within a specified
period. Under the amended ordinance, the submission of a planning application
for regularising the UD will not be taken as a reasonable step to comply with the
notice. Technical amendments were made to section 23(9), and a section 24A
was added to clarify the burden of proof on the defendant and the prosecution.
Implementation of the Amendment Ordinance
On 8 June 2005, the then Director of Planning, Bosco Fung, said that the
Amendment Ordinance 2004 would mean a more transparent planning system
and more opportunities for public participation in the town planning process.201
It would also strengthen the planning enforcement control over unauthorised
developments in the rural New Territories. To facilitate the implementation of
the amended ordinance, the TPB promulgated eight sets of TPB guidelines on
the new procedures and requirements.
Members of the public have attached more and more importance to their
participation in town planning. They hope the planning process can be more
democratic and feature greater public engagement. Since the amended ordi-
nance was enacted in 2004, ordinary citizens still think that the current town
planning process is too exclusive and the TPB members are not neutral enough.
Besides, they feel excluded because of the professional jargon and believe that
urban spaces are being monopolised by the rich.202
Members of the planning and construction sectors, on the other hand, think
201
‘Ordinance to Make Planning System More Transparent’, Press Releases, 8 June 2005, http://www.info.
gov.hk/gia/general/200506/08/06080249.htm.
202
Shadow Long Term Housing Strategy Steering Committee and Land Justice League, Chongduo Xinjie
dongbei: goujian chengxiangjiao gong shengde 6 zhong xiangxiang (Regain the North East New Territories:
Six Visions for Building Symbiosis of Urban, Rural and Suburban Areas), Hong Kong, Shadow Long Term
Housing Strategy Steering Committee and Land Justice League, 2014, p.30.
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370 · MAKING HONG KONG
that the planning system still has room for improvement.203 In the opinion of
some critics, the TPB lacks representativeness and transparency. All the 36
Board members are appointed by the Chief Executive. The public has no right
to participate in the selection process or object to the member list. For instance,
Francis Lui, Vice Chairman of K. Wah Group, and Tony Tse, former General
Manager of the Sales Department of Henderson, are both prominent figures
of the real estate industry, but both of them used to serve as TPB members
as well. Both Legislative Councillor Lee Wing-tat and Patrick Lau, a lawmaker
representing the architectural, surveying and planning sector, point out that the
government should not appoint real estate developers to the TPB for fear of con-
flicts of interest. The Housing, Planning and Lands Bureau explains, however,
that TPB members come from different sectors of society and that the govern-
ment regularly reviews the TPB’s composition, so as to ensure that the overall
interests of the community are fully reflected.
A ruling by the Court of First Instance of the High Court in February 2015
reflected the difficulties faced by the TPB in carrying out its duties. When pre-
paring OZPs for Wan Chai, Mong Kok, Yau Ma Tei, and Ngau Tau Kok and
Kowloon Bay, the TPB imposed building height restrictions and the require-
ment for better ventilation with an aim to improve the living environment and
to reduce wall-effect buildings. But the Real Estate Developers Association of
Hong Kong (REDA) sought judicial review of the decision. The Court main-
tained that the TPB had a legal right to impose development restrictions, but
the TPB had violated procedural justice in making the decision without fully
considering the views of the REDA. Therefore the Court ruled in favour of the
REDA. The TPB was right in principle but was found wrong in procedures.
Both sides had their ups and downs. The TPB was dissatisfied with the ruling
and appealed to a higher court. The case lasted four years, and the decision went
against the Town Planning Board in 2015.204 While the judge’s mentioning of
violation of procedural justice may help the TPB improve its procedures, it may
also compromise the TPB’s effective functioning and even cause a chain reac-
tion. As a result, the TPB’s decisions on other projects may also face challenges.
The judge also criticised the TPB for not circulating developers’ objections
among its members until the day of the meeting, and questioned whether the
members had had enough time to digest the information before making a fair
decision. The judge suggested that the TPB required any written comments to
be submitted to members for inspection one or two weeks before hearing. Thus
TPB members could avoid making hasty decisions as they had in the past and
would no longer be regarded as ‘rubber stamps’. These criticisms by the judge
are based on the ideal scenario, because it would be demanding for all members
to attend every meeting with full concentration.
The representation hearing meetings are lengthy, and many TPB members
203
School of Journalism and Communication, Chinese University of Hong Kong, U-beat Magazine,
Volume 69, May 2005, www.com.cuhk.edu.hk/ubeat_past/050569/story10.htm.
204
Sing Tao Daily, 4 February 2015, p.A04. See http://www.info.gov.hk/gia/general/201502/03/
P201502030981.htm.
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Transformation after the return to China (1997–2015) · 371
have busy schedules. It is difficult for them to attend each and every meeting. It
is also impractical to request that the final decision be made with full attention
and complete attendance. In the long term, it would become difficult to attract
talented members of society to join the TPB. The court ruling highlighted the
TPB’s dilemma. Apart from considering filing an appeal, the TPB may also take
the opportunity to streamline the existing decision-making process.
In recent years, many interest groups, concern groups and individuals
have abused the appeal mechanism in town planning and resorted to filibus-
tering to serve their agenda. They insist on verbally repeating each and every
argument, even though such arguments are similar. That was the case for the
Central Military Dock and the conversion of the site of the former Lee Wai Lee
Technical Institute to residential use. The special meeting on representations
against the NENT New Development Areas Project lasted several months, with
unfortunate incidents of clashes and injuries in the process. The TPB won the
case in April 2015. When TPB members have to hear repeated opinions by
opponents, especially when such opinions have been adequately expressed in
the written representations, the efficiency of the approving process is affected.
To avoid more filibustering and so as not to discourage community leaders
from assuming public office, the government, based on the opinions of some TPB
members, agrees it is necessary to address the issue by requesting commenters
to provide their identity and contact information. Approval by the Legislative
Council is required for any amendment to the Town Planning Ordinance, which
seems difficult against the current political backdrop. Therefore the government
will study the possibility of implementing administrative measures and stream-
lining procedures, such as shortening the time of speeches by members of the
public, and requesting representatives to confirm their attendance at hearings in
order to avoid any impact that their absence may cause.
Since the implementation of the Amendment Ordinance 2004, the planning
system has become more transparent and provides more opportunities for
public participation. However, hearings have also become events for members
of the public to vent their anger at the government’s governance. On the positive
side, the government can hear the voices of NGOs and solicit public opinions.
From a negative point of view, however, the government is facing a lot more
variants and difficulties in carrying out its planning ideas and work.
Summary
Since Hong Kong’s return to China in 1997, the direction of urban planning
has been constantly adjusted and adapted to the aspirations of society. In the
early days after the return in 1997, the administration continued the practice of
government-led formulation of blueprints for the future with economic devel-
opment as the focus. After the global financial crisis, international speculation
on the Hong Kong dollar, the avian flu outbreak, the property market slump and
many other challenges, Hong Kong’s economy fell into recession. The develop-
ment policy, which had been otherwise effective, seemed to be ineffective and
failed to swiftly address problems. On the other hand, there were significant
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372 · MAKING HONG KONG
changes in social values. The usual practice of increasing urban land areas by
means of reclamation, especially when it was related to both sides of Victoria
Harbour, was being questioned. The demolition of the Star Ferry Pier and the
Queen’s Pier even caused controversy. Members of the public have attached
unprecedented importance to the conservation of historic buildings, the preser-
vation of collective memories and the inheritance of cultural values.
With the advent of the new millennium, the preservation and revitalisa-
tion of historical buildings were strengthened in urban renewal projects at the
request of the community. The cases involving the Central Police Station, the
West Wing of the Central Government Offices, and the tenement buildings and
markets in Central and Sheung Wan all reflected the government’s swift change
in policy. The complete demolition of old buildings and the construction of new
modern skyscrapers became synonymous with lack of cultural qualities. There
were strong calls from society for the conservation of historical relics. When
reviewing urban design guidelines, the government not only needed to include
assessment for the conservation and revitalisation of historic buildings, but had
to introduce new standards as well. To be specific, the overall development of
the city should take into account a number of factors, such as air quality, noise,
visual impact on both sides of Victoria Harbour, building heights and public
space. The development in rural areas, with the goal of redistributing the urban
population, was also constrained by the calls to improve urban life.
In the rather short time span of two decades since Hong Kong’s return, public
participation in town planning has become far more enthusiastic. Looking back
at the difficulties, incidents and reforms in town planning in recent times, we
find that planning tasks are becoming more and more arduous. While the gov-
ernment reviews the alignment of the existing system with the public interest
from time to time, this does not necessarily gain complete public recognition.
Fortunately, among the noisy disputes, we still see that the system is constantly
improved and that the humanistic spirit is more and more cherished in the city’s
development, which no longer focuses solely on economic benefits, as it did in
the early post-war days. More importance is attached to the living quality of each
member of society, as well as to the interests of the region and even humankind
as a whole. It is something that everyone in Hong Kong can be proud of.
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7
Challenge of sustainable
development (1997–2015)
Town Planning aims at shaping a quality living and working environment, facilitating
economic development, and promoting the health, safety, convenience and general
welfare of the community by guiding and controlling development and the use of
land. Based on the principle of sustainable development, town planning seeks to
bring about an organised, efficient and desirable place for the community to live and
work in. Given the limited land resources in Hong Kong, there is a need to strike a
balance in land utilization to meet the competing demands for housing, commerce,
industry, transport, recreation, nature conservation, heritage preservation and other
community needs. (Hong Kong: The Facts (Town Planning), Information Services
Department of the Government of the HKSAR, 2015)
More than two decades after the handover, Hong Kong is undergoing social
transformation while facing global warming, scarce resources and environmen-
tal degradation. The basic philosophy and strategies of urban planning must be
adapted to the changing social environment accordingly. Apart from adjust-
ments made by balancing economic, social, environmental and resource needs,
it is important to enhance community engagement in the development process,
which is different from the previous economy-driven approach. Since the hand-
over, the Hong Kong government has been proactive in developing new core
districts, cultural centres, development areas, boundary crossings and transpor-
tation networks, among other things. These novel concepts involve new plans
based on the government’s sustainable development strategies, shaping the
vision for the city’s future growth.
New core districts
As new core districts of the city, West Kowloon and South East Kowloon (cur-
rently known as Kai Tak Development or KTD) play a vital role in economic
growth, housing development, population decentralisation and the expansion
of the central business district. They will also contribute to the city’s new image
with culture, sports and tourism elements. In recent years, consensus has been
reached on the planning of the two districts despite heated debates. There are
concerns that public participation will delay the planning process. The Town
Planning Board (TPB), however, respects public opinion and lets Hong Kong
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374 · MAKING HONG KONG
people take part in the city’s future development so that they will have a greater
sense of belonging. Urban planning has turned a new page.
Cultural mix in West Kowloon
As early as 1986 when the Metroplan was introduced, the government planned
to carry out reclamation works in five areas with development potential around
Victoria Harbour, namely Aldrich Bay, Hung Hom Bay, West Kowloon, the
Central–Wan Chai waterfront and Green Island. Under the plan, about 640
hectares of land would be made available to accommodate more than 400,000
people and to meet the territory’s future development needs. ‘West Kowloon’
today is considered part of the Kowloon Planning Area No. 20 – South West
Kowloon Outline Zoning Plan (OZP), covering the West Kowloon Reclamation
and part of the former waterfronts in Sham Shui Po and Yau Ma Tei. The first
South West Kowloon OZP was formulated in 1992 and had been amended 29
times as of 2014. (See Figure 7.1.)
The West Kowloon Reclamation Project in 1996 created more than 330
hectares of land, from Lai Chi Kok and Stonecutters Island in the north to
Yau Ma Tei in the south. It provided land for private and public housing,
commercial and industrial developments, the government, private organisa-
tions, the community, recreational facilities, transport infrastructure and other
purposes. According to the Metroplan, the newly created land would reduce
the development density in the hinterland of West Kowloon and enable the
construction of major links to the new airport, such as the Western Harbour
Tunnel, the West Kowloon Expressway, a section of Route 3 and the Airport
Railway. In 1999, the government broke through the established framework
and planned to develop a world-class integrated arts, cultural and entertain-
ment district. Therefore, the use of the southern part of the West Kowloon
Reclamation, with about 40 hectares of land involved, was reviewed. The origi-
nal planning was revised and some proposed road works1 were cancelled.
As a result, the Planning Department formulated ‘Cultural Facilities: A Study
on Their Requirements and the Formulation of New Planning Standards and
Guidelines’ to investigate the future planning of the West Kowloon Cultural
District (WKCD).2
In 2001, the government launched an international concept plan competition
to invite proposals from the architecture sector for the development of an inte-
grated arts, cultural and entertainment district in West Kowloon.3 A total of 161
entries were received, with 71 from local participants and 90 from 30 overseas
1
Hong Kong Yearbook, Hong Kong, Information Services Department, 1999.
2
See http://paper.wenweipo.com/2004/12/09/PL0412090006.htm or http://www.arch.cuhk.edu.hk/
server1/resch2/livearch/projects/westkowloon/article/4c.pdf.
3
Consultative Committee on the Core Arts and Cultural Facilities of the West Kowloon Cultural
District, Recommendation Report of the Consultative Committee on the Core Arts and Cultural Facilities of the
West Kowloon Cultural District, Paper No. WKCD-398, 12 September 2007, p.1, http://www.legco.gov.hk/
yr04-05/english/hc/sub_com/hs02/papers/hs020912wkcd-398-e.pdf.
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Challenge of sustainable development (1997–2015) · 375
Source: Planning Department, West Kowloon Development Statement: Consultation Digest, Hong Kong, Planning Department, 1994, p.12.
Figure 7.1 West Kowloon Reclamation Project
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376 · MAKING HONG KONG
countries.4 In 2002, a proposal featuring a giant canopy was selected as the winner.
The government drafted a master plan for future development based on the design
and set up the Steering Committee for Development of WKCD to promote the
project. Hard hit by the Asian financial crisis as well as the SARS epidemic in
2003, the financially strapped government decided to introduce market-driven
private sector financing to take forward the WKCD project, with a community-
led approach involving a partnership between the business and cultural sectors.
Hence, an invitation for proposals (IFP) was widely sent out. In mid-2004, the
government conducted consultation on the IFP related to the development of
West Kowloon, and the public began to express their views on various aspects of
the project. The single development approach, the mandatory provision of a huge
canopy and the future role of the arts and cultural sector aroused controversy.
There was a general preference for a dedicated non-profit-making statutory body
to oversee the project. On 6 December 2004, the then Chief Secretary, Donald
Tsang, proposed the slogan of ‘An Icon for Culture and Leisure’, expressing the
government’s hope of developing the WKCD into ‘a world-class arts, cultural and
leisure district’, so that Hong Kong could become ‘one of the cities that don’t just
follow, but set global standards of excellence in the fields of art and culture’.5
In order to address the public concern about the WKCD being a real estate
development in disguise, the government established several mechanisms,
including these three:
1. The proponent chosen would be required to build core arts and cultural
facilities (CACFs) and operate them for 30 years. It would need to involve
top professionals in the arts and cultural field in managing such facilities.
2. The government had set a plot ratio parameter for the site, and any depar-
ture from the parameter should be robustly justified. The government
would reserve the right to accept or reject any proposal.
3. Public consultations would be required in the assessment of related pro-
posals. The draft OZP would be subject to approval by the TPB, mainly
consisting of members of the community, and be submitted to the Chief
Executive in Council for final review before it could be implemented.
In the Draft South West Kowloon Outline Zoning Plan No. S/K20/14, the
southern part of the area was rezoned to ‘other specified uses’ annotated ‘arts,
cultural, commercial and entertainment uses’ to facilitate future planning.
In the face of public debate in February 2006, the Hong Kong government
announced it would give up the initial development framework and scrap the
canopy design, and that the WKCD would be redesigned.6 In April of the
4
Hong Kong Planning Department, Planning Department Annual Report, Hong Kong, Planning
Department, 2003, p.13.
5
Donald Tsang, ‘New Concept, New Thinking’, 6 December 2004, news.gov.hk website, http://archive.
news.gov.hk/isd/ebulletin/en/category/ontherecord/041205/print/041205en11002.htm.
6
‘West Kowloon Cultural District’, Wikipedia, https://en.wikipedia.org/wiki/West_Kowloon_Cultural_
District.
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Challenge of sustainable development (1997–2015) · 377
same year, the government appointed the Consultative Committee on the
Core Arts and Cultural Facilities of the West Kowloon Cultural District and
its three advisory groups (the Performing Arts and Tourism Advisory Group,
the Museums Advisory Group and the Financial Matters Advisory Group)
to re-examine and reconfirm the need for CACFs in West Kowloon. On 12
September 2007, the consultative committee accepted the previous recom-
mendation by the Legislative Council for government subsidy and private
sector involvement, considering that operation, maintenance and construction
costs could not be recovered through CACFs. The consultative committee pro-
posed a prudent and transparent financing approach which would separate the
arts and cultural facilities from the commercial and residential developments in
the WKCD, whilst enabling the WKCD to develop and operate on a financially
self-sufficient basis.7
The consultative committee recommended the establishment of the West
Kowloon Cultural District Authority (WKCDA), which, after developing the
WKCD Master Layout Plan and laying out the footprint for the CACFs and res-
idential, hotel and commercial developments, would only develop and manage
the CACFs as well as the retail, dining and entertainment facilities which should
be integrated with the CACFs. The WKCDA, however, would not be involved
in the disposal of the residential, hotel and office sites, which would be disposed
of by the government in accordance with the established land sale procedure.
The estimated land revenue would be appropriated by the Legislative Council as
an upfront endowment in order to finance the capital costs. The WKCDA would
rely on rental proceeds as a source of recurring income to meet the operating
deficits of the CACFs.8
According to studies and estimations by the Government Economist, the
WKCD would bring to Hong Kong’s economy a cumulative value-added con-
tribution of 71 billion Hong Kong dollars (at present value) in the first 46 years
of operation; construction works for the WKCD would be able to create over
11,000 job opportunities in the construction industry; and the number of job
opportunities created would grow steadily to more than 21,500 after 30 years.
Moreover, some 4.5 million tourists are expected to be attracted to the WKCD
every year, bringing additional tourism revenue of 3.7 billion Hong Kong dollars
to the territory each year.9
In February 2008, the government presented a bill in the Legislative Council
7
Consultative Committee on the Core Arts and Cultural Facilities of the West Kowloon Cultural
District, ‘Recommendation Report of the Consultative Committee on the Core Arts and Cultural Facilities
of the West Kowloon Cultural District’, Press Releases, 12 September 2007, http://www.info.gov.hk/gia/
general/200709/12/P200709120230.htm.
8
Consultative Committee on the Core Arts and Cultural Facilities of the West Kowloon Cultural District,
Recommendation Report of the Consultative Committee on the Core Arts and Cultural Facilities of the West
Kowloon Cultural District, June 2007, pp.96–97, http://d3fveiluhe0xc2.cloudfront.net/media/_file/zip.zip.
9
Consultative Committee on the Core Arts and Cultural Facilities of the West Kowloon Cultural
District, ‘Recommendation Report of the Consultative Committee on the Core Arts and Cultural Facilities
of the West Kowloon Cultural District’, Press Releases, 12 September 2007, http://www.info.gov.hk/gia/
general/200709/12/P200709120230.htm.
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378 · MAKING HONG KONG
for the establishment of the WKCDA, a statutory body responsible for promot-
ing and developing the project. On 11 July, the Legislative Council enacted
the West Kowloon Cultural District Authority Ordinance and approved funding
of 21.6 billion Hong Kong dollars for the development of the WKCD. The
WKCDA was established on 23 October 2008.10 In 2009–10, two rounds of
public consultation were launched. In 2011, a development plan based on the
‘City Park’ concept by Foster + Partners, with desirable features of the two
proposals by Rocco Design Architects Ltd and the Office for Metropolitan
Architecture (OMA), was introduced to the public. In March 2012, the Draft
West Kowloon Cultural District Development Plan No. S/K20/WKCD/1 was
gazetted by the TPB and exhibited for public inspection. According to section
21(9) of the West Kowloon Cultural District Authority Ordinance, the develop-
ment plan replaced relevant parts in the South West Kowloon OZP and served
as parameters for the development of the WKCD. In September of the same
year, the TPB considered representations and comments in respect of the devel-
opment plan and decided not to uphold them. In January 2013, the develop-
ment plan was approved by the Chief Executive in Council and renumbered as
S/K20/WKCD/2.
According to the Draft West Kowloon Cultural District Development
Plan No. S/K20/WKCD/2,11 the WKCD would be located at the south of
Austin Road West and the Western Harbour Tunnel Toll Plaza, occupying a
total area of 40.91 hectares, with a planned resident population of 4,000. Arts
and cultural venues include the Mega Performance Venue/Exhibition Centre,
Amphitheatre, Freespace, M+ Museum, Lyric Theatre, Great Theatres, the
Musical Theatre, Music Centre, Centre for Contemporary Performance, two
medium-sized theatres, Xiqu Centre, arts groups in residence, art academy and
art education centres. There would also be different types of retail, dining, enter-
tainment, office, hotel and residential facilities. As part of the vehicle-free and
pedestrian-friendly design, the auxiliary access for vehicles, car park and loading
areas would be located in the basement to achieve low carbon emissions, low
energy consumption and low-cost maintenance, making creative use of the har-
bourfront and adjoining areas for public enjoyment. As for transport arrange-
ments, the WKCD would connect to neighbouring old areas, so it could be
reached from different parts of the territory. People could get close to Victoria
Harbour as part of their daily routine. The planning and design would be adap-
tive to arts, cultural and social and economic needs in future, highlighting the
concept of sustainable development planning.
Construction of buildings in the WKCD is subject to the following
restrictions:12
10
‘West Kowloon Cultural District’, Wikipedia, https://en.wikipedia.org/wiki/West_Kowloon_Cultural_
District.
11
Hong Kong Town Planning Board, West Kowloon Cultural District Development Plan No. S/K20/
WKCD/2, Hong Kong, Town Planning Board, 2013.
12
Hong Kong Town Planning Board, West Kowloon Cultural District Development Plan No. S/K20/
WKCD/2, Hong Kong, Town Planning Board, 2013, p.1.
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Challenge of sustainable development (1997–2015) · 379
Table 7.1 Distribution of land uses and GFAs in WKCD
Land use Maximum GFA
(square metres)
‘Open space’ 11,200
‘Other specified uses’ annotated ‘arts, cultural, entertainment and 358,850
commercial uses’ (OU(ACECU))
‘Other specified uses’ annotated ‘mixed uses’ (OU(MU)) 366,900
‘Other specified uses’ annotated ‘electricity substation’ (OU(ESS)) 3,400
Total 740,350
Source: Hong Kong Town Planning Board, West Kowloon Cultural District Development Plan No. S/K20/WKCD/2, Hong Kong,
Town Planning Board, 2013, p.9.
1. According to the Approved West Kowloon Cultural District Development
Plan No. S/K20/WKCD/2, the WKCD is subject to a maximum plot ratio
of 1.81, which allows a maximum gross floor area (GFA) of 740,350 square
metres based on the total area of approximately 40.91 hectares.13 To comply
with the maximum GFA allowed for the entire district, the maximum GFA
of each land use zoning has been planned accordingly. The restrictions for
various land and development mixes are as shown in Table 7.1.
2. Residential use will not exceed 20 per cent of the total plot ratio. For the land
designated for ‘other specified uses’ annotated ‘mixed use’, the maximum
GFA for residential use will be 148,070 square metres.
3. There will be public open space of not less than 23 hectares (including 3
hectares of piazza areas and a waterfront promenade of not less than 20
metres in width). In the OZP, the land designated for ‘open space’ would
cover an area of 17.23 hectares, including 3 hectares of piazza areas and
a waterfront promenade of not less than 20 metres in width. In addition,
the sub-areas designated for ‘other specified uses’ annotated ‘arts, cultural,
entertainment and commercial uses’ would provide not less than 57,700
square metres open space, which is interconnected and easily accessible.
The ‘public open space’ in the above zonings would cover a total area of not
less than 23 hectares.
Building height restrictions
The Approved West Kowloon Cultural District Development Plan No. S/
K20/WKCD/2 maintains the general building height profile of 50 mPD/70
mPD/100 mPD as stipulated in the South West Kowloon OZP for the WKCD.
The height profile was set based on the following urban design principles:
Hong Kong Town Planning Board, West Kowloon Cultural District Development Plan No. S/K20/
13
WKCD/2, Hong Kong, Town Planning Board, 2013, pp.8–9.
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380 · MAKING HONG KONG
1. preservation of public views from Sun Yat Sen Memorial Park at the seaside
of Sai Ying Pun towards the Kowloon Peak, Tsz Wan Shan and Lion Rock
ridgelines to maintain a 20 per cent building-free zone below the ridgelines;
2. preservation of public views from the Star Ferry Pier at the Central water-
front towards the Lion Rock ridgeline to maintain a 20 per cent building-
free zone below the ridgeline;
3. preservation of an open vista and green corridor from the ‘government,
institution or community’ heritage sites consisting of the declared mon-
uments of Hong Kong Observatory, the former Kowloon British School
(now Antiquities and Monuments Office) and the Grade II St Andrew’s
Church, through Kowloon Park and along the WKCD waterfront prom-
enade towards the western Victoria Harbour;
4. avoidance of unduly tall buildings with the wall effect and enhancement of
visual permeability from the harbour by the lowering of building height at
waterfront locations;
5. introduction of variation in building height for a coherent building height
profile across the WKCD; and
6. introduction of visual relief to soften the building masses clustering around
Kowloon Station.
Notwithstanding the building height restrictions, a stepped height profile
descending towards the waterfront was proposed to create height variation.
To optimise the development potential, the WKCDA proposed a minor
relaxation of the GFA (from 740,350 square metres to 851,400 square metres)
and the building height restrictions (by relaxing the height by 7–14 mPD within
the range of 50–70 mPD) of the WKCD in 2015. The application for planning
permission was conditionally approved by the TPB on 14 November 2015.14
Great importance is attached to external transport in the WKCD. Located
along the West Kowloon Expressway, Western Harbour Tunnel, Airport Railway
and West Rail Line, the WKCD is the planned terminus of the Express Rail Link.
Various traffic improvement schemes, including the Lin Cheung Road–Austin
Road West Underpass, the upgrading of the elevated Nga Cheung Road, the new
connection from Hoi Po Road to West Kowloon Expressway (Northbound),
the new link from the elevated Nga Cheung Road to West Harbour Tunnel, the
new road linking West Kowloon Expressway (Southbound) to at-grade Nga
Cheung Road, and the Canton Road/Austin Road West Junction Improvement,
14
Planning Application No. A/K20/121: The maximum GFA of the whole West Kowloon Cultural
District is relaxed from 740,350 square metres to 851,400 square metres (the plot ratio was increased from
1.81 to 2.08). The maximum GFA of zonings for art and cultural facilities, retail/dining/entertainment and
government, and institution or community is 484,780 square metres in total. The maximum GFA of hotel/
office zoning is 366,620 square metres. The residential use of zoning is retained at a maximum 20 per cent
of the total GFA of the whole district, i.e. 170,280 square metres. For the ‘open space’ zone, 23 hectares is
retained. In addition, in the zonings remarked ‘other specified uses’ annotated ‘arts, cultural, entertainment
and commercial uses’ and ‘mixed uses’, the building height restrictions within the height bands of 50 mPD and
70 mPD as stipulated on the WKCD Development Plan were relaxed by 7–14 mPD. For details, see http://
www1.ozp.tpb.gov.hk/gos/download.aspx?type=apply&caseno=A/K20/121&lang=0.
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Challenge of sustainable development (1997–2015) · 381
would be subsequently in place. Facilities for easy access to the WKCD would
include footbridges connecting the district to Kowloon Station, Kowloon Park
and the west of Elements, the extension of the Austin Road West subway, the
connection to the landscape deck at Austin Station, and a bridge to the China
Ferry Terminal (CFT). In addition, upon further investigation and a feasibility
study, two piers may be built at the southern and western edge of the WKCD to
facilitate water sports, subject to the Protection of the Harbour Ordinance (Cap.
531). The existing fireboat berth located at the north of the CFT along the West
Kowloon waterfront promenade may also be relocated if a suitable site is found.
Table 7.2 shows that, in the 1990s, most of the land in South West Kowloon
was used for comprehensive developments, or residential or industrial purposes.
The residential area in 2009 was significantly larger than that in 1998, while indus-
trial area and open space became much smaller because some plots were rezoned
for ‘other specified uses’ or the later WKCD. The ‘comprehensive development
area’ (CDA), including residential developments, retail stores, office buildings,
hotels, public transport interchanges and other ancillary facilities, has remained
at around 30 hectares, representing 9 to 11 per cent of the total area since 1992.
New central business district in South East Kowloon
The government’s Metroplan in the 1990s included planning for the redevel-
opment of Kowloon City, with balanced allocation for commercial, residen-
tial, industrial, leisure, governmental, institutional and community facilities
as well as maritime activities. The government also formulated a concept plan
for the Kai Tak Development and intended to turn it into a new community
for over 285,000 people. The main idea was to build residential properties on
the 50-hectare former apron area of Kai Tak Airport. The first residents were
expected to move in by 2003. By the end of 2008, the project would provide
accommodation for about 130,000 people.15 To meet the daily needs of resi-
dents, there would be the Metro Park covering approximately 50 hectares, and
the underground railway would be extended to there.
In 1998, the government combined about 270 hectares of Kai Tak Airport
with some 300 hectares of the adjacent reclamation area into the South East
Kowloon Development Area for comprehensive planning. Approximately 100
hectares of land in Cha Kwo Ling was reserved for the reprovisioning of the
Kowloon Bay Typhoon Shelter and the cargo working area. The surrounding
270 hectares of land covering Hung Hom, To Kwa Wan, Ma Tau Kok and
Kowloon City would be used for urban renewal to accommodate an estimated
population of 285,000 to 310,000. In November 1999, a feasibility study was
conducted on the overall development of South East Kowloon. It was proposed
to reduce the reclamation area to 133 hectares and the total development area
to about 410 hectares. Apart from housing and transportation purposes, it was
15
Hong Kong Planning Department, Planning Department Annual Report, Hong Kong, Planning
Department, 1997, p.35.
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M4593-HO_9781788117944_t.indd 382
Table 7.2 Comparison of planning of South West Kowloon over the years
Land use 1992 1996 1998 2009 2014
OZP No. S/K20/1 OZP No. S/K20/3 OZP No. S/K20/4 OZP No. S/K20/22 OZP No. S/K20/30
Area (%) Area (%) Area (%) Area (%) Area (%)
(hectares) (hectares) (hectares) (hectares) (hectares)
Commercial 8.88 2.75 8.41 2.61 5.37 1.67 3.54 1.07 3.54 1.06
Comprehensive development 30.92 9.57 30.92 9.57 36.49 11.34 31.01 9.35 33.43 10.05
area
Residential (Group A) 28.62 8.85 28.62 8.86 26.41 8.21 47.99 14.47 52.20 15.69
Industrial 18.35 5.68 18.35 5.68 17.54 5.45 1.85 0.56 1.85 0.56
Government, institution or 26.01 8.05 25.11 7.77 25.47 7.92 30.60 9.23 29.82 8.96
community
Open space 44.79 13.86 46.16 14.29 46.95 14.60 23.24 7.01 26.54 7.98
Other specified uses 43.87 13.57 43.72 13.53 43.56 13.54 78.84 23.77 29.45 8.85
Major road, etc. 121.75 37.67 121.75 37.69 119.88 37.27 114.62 34.54 114.94 34.55
Western Kowloon Cultural Zoned as various land uses Zoned as ‘other specified 40.91 12.30
District Development Plan uses’
area
Total development area 323.19 100.00 323.04 100.00 321.67 100.00 331.69 100.00 332.68 100.00
Typhoon shelter 70.66 – 70.66 – 70.19 – 70.19 – 70.19 –
Total planning scheme area 393.85 – 393.70 – 391.86 – 401.88 – 402.87 –
Sources: Hong Kong Town Planning Board, South West Kowloon Outline Zoning Plan No. S/K20/1, Hong Kong, Town Planning Board, 1992; Hong Kong Town Planning Board, South West Kowloon Outline Zoning Plan
No. S/K20/3, Hong Kong, Town Planning Board, 1996; Hong Kong Town Planning Board, South West Kowloon Outline Zoning Plan No. S/K20/4, Hong Kong, Town Planning Board, 1998; Hong Kong Town Planning Board,
South West Kowloon Outline Zoning Plan No. S/K20/22, Hong Kong, Town Planning Board, 2009; Hong Kong Town Planning Board, South West Kowloon Outline Zoning Plan No. S/K20/30, Hong Kong, Town Planning
Board, 2014.
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Challenge of sustainable development (1997–2015) · 383
proposed to construct buildings for government departments, community facil-
ities and tourism-related facilities. The population estimate was subsequently
reduced to 250,000. Moreover, there was an idea of building ‘a city within a city’
equipped with territory-wide facilities. In addition to a mass transit system for
the five new residential areas as well as a large commercial centre in the central
area of the waterfront, there would be a 50-hectare Metro Park and a 2-kilo-
metre waterfront promenade. Recreational and tourism facilities would include
an aviation training school, a museum and a stadium, whereas public facilities
would include a hospital, a railway depot, a helipad, a refuse transfer station and
a public filling barging point.
In May 2000, the government consulted the public on the Preliminary Layout
Plan (PLP). In September 2001, the feasibility study was substantially com-
pleted. Based on the study results the government prepared an outline master
development plan, which was translated into two OZPs, roughly the same as
the PLP, except that the Metro Park area was reduced to 24 hectares while the
waterfront promenade was lengthened to 5.4 kilometres. The planned popula-
tion of 250,000 and the proposed supply of 75,000 jobs remained unchanged.
The two OZPs were approved in July 2002.
In January 2004, the Court of Final Appeal interpreted the Protection of the
Harbour Ordinance and ruled that an overriding public need was required for any
proposed reclamation. As a result, the KTD was subject to thorough review and
planning revision to ensure compliance. In July 2004, the Planning Department
commissioned the Kai Tak Planning Review and created a new development
concept and preliminary outline development plan (PODP). With the com-
ments collected from the first round of public consultation between September
and November 2004, the Planning Department drafted three outline concept
plans (OCPs), each focusing on different land uses, in order to provide distinc-
tive directions of development for public discussion. The two-month second
round of public engagement was carried out in November 2005 to solicit public
opinion on the OCPs. After that, the third round of discussion was conducted
to seek consensus.
In 2007, the KTD was officially published as a major infrastructure project in
the Policy Address. The development area was reduced to about 328 hectares
covering the old Kai Tak Airport site and adjacent areas, with no reclamation
involved. The objective was to develop Kai Tak into a distinguished, vibrant,
attractive and people-oriented community by Victoria Harbour. Apart from
the new cruise terminal, major KTD projects included a multi-purpose sports
complex, government offices, a 24-hectare Metro Park, and commercial and
residential development. The company of renowned British architect Norman
Robert Foster also took part in the design of the Kai Tak Cruise Terminal, focus-
ing on flexibility, sustainability, environmental protection and intelligence. The
terminal building would be extended from the tip to the middle of the Kai Tak
runway, along with the cruise terminal, which would be able to accommodate
the world’s largest vessels. Upon completion, the terminal building would cover
an area of 7.6 hectares, with four storeys from the ground to the rooftop, total-
ling 70 metres in height. On the ground level there would be road and transport
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384 · MAKING HONG KONG
facilities, while the mezzanine floor would be used as parking and office space.
The immigration clearance hall would be located on the first floor and the Kai
Tak Cruise Terminal Park on the rooftop. As a practical and efficient establish-
ment, the terminal building would adopt a series of eco-friendly installations
and energy-saving facilities. The streamlined curved structure would effectively
introduce natural light for the interior and enhance ventilation and thus comfort.
The whole building would have a commercial floor area of 5,600 square metres,
with a capacity to handle 3,000 passengers per hour. There would be a visitor
service centre operated by the Tourism Board. An at-grade cross-boundary heli-
port would be established at the tip of the Kai Tak Airport runway,16 so that
tourists could enjoy a sight-seeing tour above Victoria Harbour. The terminal
building was designed with a number of eco-friendly elements, including a pho-
tovoltaic system, a solar hot water system, and a rainwater and air-conditioning
condensate recycling system for irrigation purposes.
The KTD would be completed in three phases by 2013, 2016 and 2021,
respectively. The first phase, including the construction of two roads, site for-
mation works for the cruise terminal at the former runway, the cruise terminal
building, the first berth, the first stage of a district cooling system, public housing
development and advance infrastructure works, commenced in 2009 and was
substantially completed in 2013. The second phase, which commenced in mid-
2011, includes the Trade and Industry Tower, the second stage of infrastruc-
ture works at the north apron, the first stage of Kai Tak Runway Park, the Kai
Tak Approach Channel, the bioremediation treatment at Kwun Tong Typhoon
Shelter, and radar works at the cruise terminal building rooftop.
On 12 October 2011, the then Chief Executive, Donald Tsang, introduced the
‘Energizing Kowloon East’ slogan in the Policy Address 2011–12, stressing that
traditional core business districts could no longer satisfy the growing demand
for office space driven by economic growth and that it would be necessary to
develop Kowloon East into another core business district. He pointed out that,
over the preceding decade, the total floor area of Grade A office space in Kwun
Tong and Kowloon Bay had surged 2.5 times to 1.4 million square metres. With
the development of the office area and tourism and leisure facilities at Kai Tak
as well as revitalised industrial buildings, Kowloon East was poised to become a
premium business district providing additional office space of 4 million square
metres. East Kowloon includes the new Kai Tak Development Area (KTDA),
Kwun Tong and Kowloon Bay, so the government would need to enhance con-
nectivity within East Kowloon, such as improving pedestrian access networks,
considering building an environmentally friendly linkage system through the
entire district, and strengthening external connectivity through the MTR Kwun
Tong Line and the future Sha Tin to Central Link.
On 7 June 2012, the Energizing Kowloon East Office (EKEO) was estab-
lished, with an aim to coordinate resources allocation and take forward the
16
Hong Kong Town Planning Board, Kowloon Planning Area No. 22 Kai Tak Outline Zoning Plan No. S/
K22/4, Hong Kong, Town Planning Board, 2012, http://www2.ozp.tpb.gov.hk/plan/ozp_plan_notes/tc/S_
K22_4_c.pdf.
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Challenge of sustainable development (1997–2015) · 385
Energizing Kowloon East policy. Adhering to connectivity, branding, design
and diversity (collectively known as ‘CBD2’) as the planning principle, the
EKEO was to convey the message of transforming Kowloon East into Hong
Kong’s second central business district. In 2013, the government proposed the
connection of the KTD to Kwun Tong and Kowloon Bay, with monorail as the
environmentally friendly link system (EFLS), so as to facilitate the transforma-
tion of Kowloon East into a core business district. In October of the same year,
the Civil Engineering and Development Department (CEDD) sought public
views and suggestions in respect of a detailed feasibility study on the link system.
On 18 November 2012, Liber Research Community, the Professional
Commons and Harmonic HK Concern Group proposed the development
of the KTDA into ‘Kai Tak for the People’, suggesting that the Development
Bureau shift the secondary stadium of Kai Tak Sports City to the south of the
main stadium. The 8-hectare spare plot could be used to build another 11,000
public housing units, so that the public/private housing ratio in the KTDA could
reach 6:4.17 The loss of land for the Metro Park would be compensated for with
the cancellation of the ‘low-density residential site with 1,300 flats’. As a result,
the proposed park could be extended southwards and the commercial area for
hotel development would be moved eastwards. After meeting and negotiating
with government departments, the three organisations held a joint press con-
ference on 27 January 2013 to make recommendations on the land use of Kai
Tak. In early April of the same year, an application was submitted to the TPB
to propose amendments to the OZP based on the ‘Kai Tak for the People’ pro-
posal. Two weeks later, the organisations met for discussion with the Secretary
for Development and members of the Legislative Council. The proposal, includ-
ing the layout of the stadium complex, crowd control in major sports events, the
Metro Park design, the impact of removing the hotel and other technical factors,
was not supported by the authorities. The rezoning application was also rejected
by the TPB.
The Policy Address on 16 January 2013 mentioned three key points for the
development of Kowloon East: Energizing Kowloon East (to develop a core
business district providing an additional 4 million square metres of office space);
Kai Tak Development (to review the planning of the area and explore the pos-
sibility of increasing office space and housing supply); and Kai Tak Fantasy (to
build an urban park called Kai Tak Fantasy at the runway tip and develop it into
an ‘edutainment’ destination).18 The proposal took environmental protection
and greening into consideration, adhering to the principle of sustainable devel-
opment as well as the establishment of the EFLS.
Kowloon East, as an alternative core business district for Hong Kong, had the
potential to supply an additional commercial/office floor area of about 5 million
square metres. The government was considering relocating or consolidating the
17
‘Kai Tak for the People’: A Citizen’s Alternative Plan website, www.procommons.org.hk/wp-content/
uploads/2012/11/kaitakmap.pdf.
18
RTHK website, 16 January 2013, http://rthk.hk/rthk/news/expressnews/20130116/
news_20130116_55_896050.htm.
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386 · MAKING HONG KONG
existing government facilities in the two action areas of Kowloon East. Starting
from 2014–15, suitable plots in the action areas would be made available to the
market. The government also developed the concept of a ‘walkable’ Kowloon
East in the Kowloon Bay and Kwun Tong Business Areas to improve the pedes-
trian environment and address traffic issues. Among other things, the govern-
ment studied arrangements to facilitate the construction of elevated walkways
by private property owners and examined the feasibility of face-lifting back
alleys and linking them to the pedestrian network. The 2015 Policy Address
announced a review of the planning and development density of the KTDA
to facilitate the transformation of Kowloon East. The KTDA was expected to
provide at least another 6,800 flats (including some 1,000 flats already approved
at the time) and at least 430,000 square metres of additional commercial floor
area.19 Moreover, the government would continue to take forward the Kai Tak
Fantasy project and carry out studies on the planning, engineering and imple-
mentation approach to enhance the progress of developing by phases a world-
class tourism, entertainment and leisure attraction.20 An acute general hospital
would be built in the KTDA to offer in-patient and ambulatory services. In addi-
tion, the Hospital Authority planned to provide approximately 250 new hospital
beds and increase the service quota to cope with escalating demand.21 The Kai
Tak Multi-purpose Sports Complex would be the largest sports facility in Hong
Kong. In May 2017, the Public Works Subcommittee of the Legislative Council
approved the funding for construction works valued at 31.9 billion Hong Kong
dollars,22 and in December 2017 the construction tender for the Kai Tak Sports
Centre entered the second phase.23 (See Table 7.3.)
According to the Kai Tak OZP, Kai Tak is planned to be developed into a
‘Culture, Sports, Tourism and Green Hub of Hong Kong’, featuring sports, peo-
ple-oriented, sustainable, eco-friendly elements in a distinguished and attractive
urban form. There would be six sub-areas, namely Kai Tak City Centre, Sports
Hub, Metro Park, Runway Precinct, Tourism and Leisure Hub and South Apron
Corner. Kai Tak would become another landmark of Hong Kong.
New development areas (NDAs)
North East New Territories (NENT) and North West New Territories
(NWNT)
In 1990, the government conducted the Territorial Development Strategy
Review (TDSR) and proposed a study of the strategic growth potential of
NENT, NWNT, Hong Kong Island South and Lamma Island. In early 1998,
19
2015 Policy Address website, www.policyaddress.gov.hk/2015/chi/p76.html.
20
2015 Policy Address website, www.policyaddress.gov.hk/2015/chi/p86.html.
21
2015 Policy Address website, www.policyaddress.gov.hk/2015/chi/p186.html.
22
See https://www.legco.gov.hk/yr16-17/chinese/fc/pwsc/papers/p17-02c.pdf; http://orientaldaily.on.cc
/cnt/news/20170624/00176_030.html.
23
See http://www.info.gov.hk/gia/general/201712/29/P2017122900630.htm.
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Challenge of sustainable development (1997–2015) · 387
Table 7.3 Land use distribution in the approved Kai Tak OZP No. S/K22/4
Land use Area % of total
(hectares) area
Commercial 14 4
Comprehensive development area 9.62 3
Residential (Group A) 10.43 3
Residential (Group B) 17.70 5
Residential (Group C) 6.56 2
Government, institution or community 37.85 12
Open space 99.38 31
Other specified uses 57.72 18
Including:
(i) ‘Arts and performance related uses’ zone 1.16
(ii) ‘Cruise terminal to include commercial development with 7.73
landscaped deck above’ zone
(iii) ‘Tourism related uses to include commercial, hotel and 5.93
entertainment’ zone
(iv) ‘Stadium’ zone 20.93
(v) Zones other than those above 21.97
Road and other utility services other than the above land uses 69.94 22
Total area 323.20 100
Source: Hong Kong Town Planning Board, Kai Tak Outline Zoning Plan No. S/K22/4, Hong Kong, Town Planning Board, 2012.
the Planning Department and the CEDD jointly commissioned the Planning
and Development Study on NENT and the Planning and Development Study
on NWNT, designating Kwu Tung North, Fanling North and Ping Che/Ta
Kwu Ling (the Three-in-One Scheme) and Hung Shui Kiu as NDAs. The gov-
ernment estimated that the population would increase to about 8.3 million by
2001 and believed the NDAs could provide more land for an additional popula-
tion of 1.5 million. Owing to slower growth in population and housing demand,
however, the government subsequently shelved the development proposals. In
Hong Kong 2030: Planning Vision and Strategy: Final Report, published in 2007,
the Planning Department estimated an increase of 1.6 million in population by
2030, so the plans of NENT and NWNT NDAs were once again on the agenda.
However, the government reiterated that it would not develop large new towns
as it had from the 1970s to the 1990s. Instead, it proposed planning smaller
NDAs in northern New Territories to supply land for comprehensive housing,
employment, tertiary education, special industries involving high-value-added
and pollution-free industries, and temporary port back-up and storage uses.
NDAs would be more diverse in terms of density, design and architectural
form. They would also provide convenient public transport and community
facilities. The focus would be placed on quality living space, so that users would
be able to enjoy a better-designed environment as well as an alternative way of
living. It was assumed that the NDAs would be able to accommodate 350,000
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388 · MAKING HONG KONG
people.24 Later, the NDAs were included as one of the ten major infrastructure
projects in the 2007–08 Policy Address by the Chief Executive.
Planning of North East New Territories new development areas (NENT NDAs)
In 2008, the government commissioned the NENT NDAs Planning and
Engineering Study (covering Kwu Tung North, Fanling North and Ping Che/
Ta Kwu Ling districts), and carried out the Stage One Public Engagement
(PE), soliciting public views on the vision and aspirations for the NDAs. The
Stage Two PE was carried out at the end of 2009, consulting the public on the
PODPs. The Stage Three PE was carried out in 2012 to gauge public views
on the recommended outline development plans (RODPs). In mid-2013, the
government revised and finalised the RODPs.25 In view of the absence of a
mass transit system, the original proposal of Ping Che/Ta Kwu Ling for lower-
density residential and special industrial developments needed to be reviewed
and replanned.26 On 20 December 2013, the TPB exhibited the OZPs for Kwu
Tung North and Fanling North for public inspection. On 27 June 2014, the
Legislative Council Finance Committee approved the funding proposal regard-
ing the advance site formation and engineering infrastructure works at Kwu
Tung North NDA and Fanling North NDA.27 In November 2014, the CEDD
conducted a detailed study of the advance site formation and infrastructure
works, which would commence subsequently. After considering the collected
representations and comments, the TPB agreed on 29 April 2015 that the draft
OZPs would be submitted to the Chief Executive for review. The draft OZPs
were approved by the Chief Executive in Council on 16 June 2015.
The Kwu Tung North and Fanling North NDAs would be included as an
extension of the Fanling/Sheung Shui New Town. Combined with the existing
new towns, the NDAs would become the Fanling/Sheung Shui/Kwu Tung New
Town.28 The two NDAs, covering a total area of 612 hectares, would provide
about 60,000 residential units for some 170,000 people, as well as 37,700 new
jobs.29 There would be a new hospital, specialist clinics, standard swimming
24