Planning enforcement in Hong Kong: implementing new planning law before the change of sovereignty

Bo Tang · Hing-fung Leung

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Local Governance and Planning Urban Planning and Governance Property Rights and Legal Doctrine

Abstract

Hong Kong has a dual planning enforcement structure. In the urban areas land leases and building regulations indirectly enforce planning controls but in the rural areas direct prosecutions can now be taken against unauthorised land uses. This paper reviews the operation of direct enforcement provisions introduced in 1991 and the amendments suggested in the July 1996 Consultation Paper on the Town Planning (Amendment) Bill. The implications of the Hong Kong Bill of Rights Ordinance and the applicability of English cases to Hong Kong, as well as the 1997 hand over of sovereignty to China, are also addressed.

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