Legislative Council

LC Paper No. LS 10/98-99

Paper for the House Committee Meeting
of the Legislative Council
on 10 July 1998

Legal Service Division Report on
a Motion under section 2(3) of the Buildings Ordinance (Cap. 123)

The Secretary for Planning, Environment and Lands has given notice to move a motion at the meeting of the Legislative Council on 22 July 1998 under section 2(3) of the Buildings Ordinance (Cap. 123) to amend the description of a scheduled area in the Fifth Schedule to the Ordinance.

2. At present, Scheduled Area No. 3 in the Schedule is described as the railway protection areas along the Mass Transit Railway (MTR) lines shown on some specified plans deposited by the Secretary in the Land Registry. These protection areas are those within 30 metres from the edges of the MTR structures. The purpose of providing for these areas is to require the Building Authority's prior approval and consent for the commencement of all ground investigation works to be carried out within those areas. This is to protect MTR structures from being affected.

3. According to the draft speech by the Secretary on the motion issued by the Planning, Environment and Lands Bureau in July 1998, the amendments being proposed are to update the plans to take into account the changes that have been made to the MTR system since 1989, including addition of entrances, relocation of cooling water mains and incorporation of the Airport Railway comprising the Tung Chung Line and Airport Express Line.

4. The legal and drafting aspects of the draft resolution are in order.

Prepared by

CHEUNG Ping-kam, Arthur
Assistant Legal Adviser
Legislative Council Secretariat
6 July 1998