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Contents of lay-out plans and
powers of the Board.
Ordinance
No. 10 of 1900.
Exhibition of draft plans.
Considera-
tion of objections.
4. (1) The Board's draft plans for the lay-out of any such area may show or make provision for--
(a) streets, railways and other main communications; (b) zones or districts set apart for use for residential, commercial, industrial or other specified uses:
(c) reserves for dovernment purposes;
(d) parks, recreation grounds and similar open spaces.
(2) The Board may recommend to the Governor in Council the resumption of any land interfering with its plans for the lay-out of any area; and resumption to avoid such interference shall be deemed to be resumption for a public purpose within the meaning of the Crown Lands Resumption Ordinance, 1900.
(3) Except in the case of resumption under the said Ordinance no compensation shall be paid to the proprietor or any person interested in any holding by reason of the fact that it lies within or is affected by any zone or district set apart under paragraph (b) of sub-section (1) of this section.
5. Every draft plan, prepared under the direction of the Board, which the Board deems suitable for submission to the Governor in Council for approval, shall be exhibited by the Board for public inspection at reasonable hours for a period of two months. During such period the Board shall advertise once a week in a local newspaper and shall notify in each issue of the Gazette the place and hours at which such plan may be inspected.
6. (1) Any person affected by the draft plan so exhibited may within the said period of two months send to the Board a written statement of his objections to anything appearing in the draft plan.
(2) Such written statement shall set out-
(a) the nature of and reasons for the objection;
(b) if the objection would be removed by an alteration of
the draft plan, any alteration proposed.
(3) Any such written statement shall be considered at a meeting of the Board, of which the objector shall be advised, and the objector or any duly authorized representative may attend and shall he heard if he so desires.
(4) The Board may reject any objection in whole or in part or frame amendments of the draft plan to meet such objection.
(5) Where, however, any such amendment appears to the Board to affect any land, other than that of the objector, held under lease from the Crown, the Board shall adjourn its meeting and give such notice by service, advertisement or otherwise as it deems desirable and practicable to the owner of the land in question. Any written objection to an amend- ment received within fourteen days after the giving of such notice shall be considered at the adjourned meeting of the Board at which the original objector and the objector to the amendment or any duly authorized representative shall be given an opportunity to attend and be heard.
of considered
7. After consideration of all objections, the Board shall Submission submit the draft plan, with or without amendments, to the draft plan Governor in Council for approval, and shall submit therewith
(a) a schedule of the objections (if any) made under section 6 and not withdrawn ;
(b) a schedule of the amendments (if any) framed by the Board with a view to meeting such objections.
to Governor in Council,
8.-(1) Upon submission of a draft plan the Governor in Powers of Council may
(a) approve it;
(b) refuse to approve it;
(c) refer it to the Board for further consideration and amendment.
(2) The Governor in Council may approve a draft plan notwithstanding that any requirements of this Ordinance applicable thereto have not been complied with.
(3) A draft plan approved as aforesaid is hereinafter referred to as an "approved plan".
(4) The Governor in Council may by notification in the Gazette correct any omission from or error in any approved plan.
(5) On such approval being given the approved plan shall be printed and exhibited for public inspection at such place as the Board may consider suitable and the fact of such approval and exhibition shall be notified in the Gazette.
(6) The Board shall supply a copy of any approved plan
to any person on payment of such fee as the Board may determine.
Governor in Council upon
submission.
9. If the Governor in Council refuses to approve a draft Refusal to plan such refusal shall be notified in the Gazette; but any such approve
plan. refusal shall be without prejudice to the preparation of a new draft plan and the submission of the same.
10. A copy of the approved plan, certified by the Deposit of Chairman of the Board shall be deposited in the Land Office copies of approved and the Land Officer shall make a note thereof in the register plan. relating to any parcel of land which appears to him to be affected thereby.
ment of
11. The Governor in Council may revoke in whole or in Revocation part any approved plan or may refer it to the Board for and replace- replacement by a new plan prepared, exhibited, considered. approved submitted, approved and deposited in accordance with the plans. foregoing provisions of this Ordinance. Notification of any such revocation or reference shall be published in the Gazette and noted by the Land Officer on the plan deposited under section 10. The Land Officer shall also amend as may be necessary any note made in the register under that section.
plans to
12. Until so revoked or replaced, approved plans shall be Approved used by all public officers and bodies as standards for guidance in the exercise of any powers vested in them.
serve as standards.
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Governor in Council
may make regulations.
Expenses of the Board.
13. The Governor in Council may make regulations for the purpose of facilitating the work of the Board and generally for the purpose of carrying the provisions of this Ordinance into effect.
14. Any expense incurred with the sanction of the Governor by the Board in connexion with the exercise of its powers or the performance of its duties under this Ordinance or the regulations made thereunder shall be met from moneys voted by the Legislative Council.
Passed the Legislative Council of Hong Kong, this 22nd day of June, 1939.
C. B. BURGESS,
Deputy Clerk of Councils.
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