Provision of Land for Government Projects or use

Ref : LW 76/80/210 II LANDS AND WORKS BRANCH
GOVERNMENT SECRETARIAT
MURRAY BUILDING
GARDEN ROAD
HONG KONG
LWBTC No. 26/85
21 October 1985
Lands and Works Branch Technical Circular No. 26/85
Provision of Land for Government Projects or Use
(This is a revision of PWD TC 24/80 which is hereby cancelled. The
revisions are principally to provide for (a) better protection of land on
clearance and on completion of works, (b) early consultation with CNTA
and the Area Clearance Co-ordinator in the Urban Area or New Territories
Area and (c) terminology for defederalisation of PWD)
1. INTRODUCTION
1.1 This Circular stipulates the procedures to be followed for the provision of land
required both permanently and temporarily for public works projects and other
Government use including public housing estates, open spaces, park and
playgrounds but not including the Mass Transit Railway; it covers reservation,
allocation, grant, acquisition, clearance, setting-out, control during construction,
handing-over and change of use. No reference is made in the circular to the
Provision of Land for Housing Authority Projects which will be the subject of a
separate Lands and Works Branch Technical Circular.
1.2 This Circular covers both the Urban Area and the New Territories and has been
agreed by the Secretaries for District Administration and Transport and the
Directors of Urban Services and Regional Services. It also applies to foreshore
and seabed but does not cover separate but parallel procedures required in
connection with public works projects and other Government uses such as the
Roads (Works, Use and Compensation), Public Reclamations & Works and
Crown Lands Resumption Ordinances.
1.3 For works in Kai Tak Airport reference should also be made to PWD TC No.
63/73.

1.4 The contents of this Circular are
LWBTC No. 26/85
- 2 -
1. INTRODUCTION 1
2. DEFINITIONS 2
3. PROCEDURE 4
3.1 Reservation 4
3.2 Project Planning 5
3.3 Land Allocation 6
3.4 Acquisition & Clearance 9
Page
3.5 Construction Matters 14
3.6 Change of Use 17
Application Form App. A
2. DEFINITIONS
(for the purpose of procedures under this Circular only)
Project - The public works project or other Government/Urban
council use for which land is required.
Site - The area of land on which the work associated with the
Project is to be carried out. The Site includes the working
space contiguous to the work, but excludes all works
areas, borrow areas etc. outside the site to be used or
formed during the course of the project but not required
permanently for it.
Works Area - A piece of land contiguous to the works required for a
limited period of time to facilitate or permit construction.
Borrow Area - An area of land or seabed outside the Site from which the
removal of earth, sand or stone is permitted for
construction of the Project..

Area Clearance Coordinator
Officer Clearance Coordinator
LWBTC No. 26/85
- 3 -
- The officer responsible for Lands and Works Group of
Departments' co-ordination of clearance in the area where
the Project is located (PM for each New town; PM/JB for
Sai Kung District; GE/NT for Yuen Long District and
Islands District only; UADA for the Urban Area).
- The officer responsible for ensuring that all relevant
information on his office's clearance is passed to all
concerned at the appropriate time; he will also act as
liaison officer generally.
District Office - The District Office of the district in which the clearance is
implemented.
District Lands Office - The Office responsible for the administration of the land
which is required for the Project.
District Planning
Office
- The Office responsible for district planning of the area
where the Project is located (UADO District Planning
Section, New Town Development Office or the Town
Planning Division as appropriate).
District Survey Office - The L.D. office responsible for land survey of the area
required for the Project.
District Squatter
Control Office
- The Office responsible for squatter control in the area
where the Project is located (relevant H.D. District
Squatter Control Section).
Client Department - The Department for whom the Project is being
constructed.
Project Office - A Works Office or other Government Office responsible
for the planning, design or construction of the Project.
Project Site Plan - A plan showing the extent and location of the land
anticipated to be required for the Project. (Normally 1 : 2
000 scale).
Preliminary Project
Plan
- A plan illustrating the layout and general nature of the
Project with site boundaries indicated. (Normally 1 : 1000
scale)
Project Plan - A finalised version of the Preliminary Project Plan.

Preliminary Allocation
Plan
LWBTC No. 26/85
- 4 -
- A Plan showing up-to-date details, approximate area and
proposed boundaries of the project site based on the
Project Plan or Preliminary Project Plan and on agreed
conditions.
Allocation Plan - A finalised version of the Preliminary Allocation Plan
showing up-to-date detail, final area and confirmed
boundaries of the project site. Allocation Plans are
normally fully dimensioned.
Land Allocation - A parcel of Crown Land allocated either temporarily or
permanently for a specific works or use to a Government
department.
Land Conference - The District Land Conference for the area where the
Project is located.
3. PROCEDURE
3.1 Reservation
3.1.1 Request
After establishing the need for a project, the Client Department or Project
Office should indicate the general locality and approximate area required
for the project and forward their request for site reservation to the
District Planning Office in case of permanent development or to DLO in
case of temporary uses. For highways projects, request for site
reservation should be made by TD or HO at the time when long-term
road proposals, street-widening plans or project plans are circulated.
3.1.2 Selection of Site
By District Planning Office or DLO (see (a) above) in consultation with
the Client Department or Project Office, CPWO of the Urban District,
Area Clearance Co-ordination and other relevant Government
departments.
3.1.3 Project Site Plan Preparation
By District Planning Office or DLO (see (a) above) - normally extract of
town plan or survey sheet.
3.1.4 Follow up
If acquisition of private land will be required to make site available,
District Lands Office will inform Client Department, Project Office and
District Office for their preliminary information and any necessary
action.

LWBTC No. 26/85
- 5 -
3.1.5 N.B. Site definition is tentative until detailed design is complete : all
matters concerning adjacent land must therefore be referred to DPO or
DLO c.c. Project Office.
3.2 Project Planning
This part of the procedure is to be followed for roads, site formation, land
preventative works, reclamation, drainage, pipeline and pier projects etc. where
the Sites are not confined within compounds. For these projects, formal
allocation of Sites is not necessary but specifically defined Lands such as Borrow
Areas or works areas required for construction shall be subject to temporary
allocations in accordance with para. 3.3.
3.2.1 Preliminary Project Plan
(a) Preparation
By Project Office when Project in Cat. B, or D of the Public Works
Programme or accepted as a charge to another vote, except minor
works to be constructed by CNTA, to show Site and nature of
Project together if possible with anticipated Works Areas and
Borrow Areas. Amenity Areas which cannot be permanently
alienated for use as public pleasure grounds should be identified on
plans as needs become apparent.
(b) Distribution
(i) By Project Office for comments of interested parties including
Client Department (who in turn notify the appropriate
maintenance department (e.g. USD/RSD, DO, AFD or LD) in
respect of amenity areas, where applicable), District Planning
Office, District Lands Office, District Survey Office, H.D.
Clearance Division, DO, HO, GCO, WSD, CPWO of the
Urban District, Area Clearance Co-ordinator, Transport
Department etc. as appropriate with request for order of costs
of any consequential works, including resumption,
compensation and clearance.

LWBTC No. 26/85
3.2.2 Project Plan
- 6 -
(ii) Project office to state when land likely to be required, to
identify works Division/Office and to request District Lands
Office and H.D. Clearance Division to give estimate of time
required for resumption and clearance, c.c. Area Clearance Coordinator.
Prepared by Project Office after comments on Preliminary Project Plan
and consultation as necessary and issued to these listed in para. 3.2.1.
3.2.3 Approval
Project Plan by L & W Conference if required by standing procedure.
3.2.4 Follow up
3.3 Land Allocation
Where proposed timing requires funds for resumption, compensations
and/or clearances before funds will become available for construction,
Chief Estate Surveyor/Acquisition of Lands Department should ensure
that adequate funds are available to meet the estimated cost when the
works item is in Category AB. Project Office to consult with CES/A,
District Lands Office, H.D. Clearance Division and DO and Area
Clearance Co-ordinator of changes in project programme and layout; see
also Paragraph 3.4(a)(vi) regarding Office Clearance Co-ordinators.
This part of the procedure is to be followed for buildings, treatment plants, service
reservoirs, depots, Works Areas, Borrow area etc. which involve formal
permanent or temporary allocations of specifically defined lands; access roads
may be included.
3.3.1 Request for Allocation
(a) By client Department or Project Office to District Lands Office,
when Project in Cat. B or D of the Public Works Programme or
accepted as a charge to another vote with a statement on when land
likely to be required and request that allocation conditions and site
plan be prepared copying request to DO, CPWO of the Urban
District and Area Clearance Co-ordinator. District Lands Office,
Client Department, or Project Office as appropriate to inform H.D.
Clearance Division at this stage of location and when land likely to
be required.

LWBTC No. 26/85
- 7 -
(b) Requests for Works and Borrow Areas made separately by Project
Office to District Lands Office with indication of time and
duration.
3.3.2 Preliminary Allocation Plan
Prepared by District Lands Office on receipt of request. Precise
boundaries to be determined after architectural/engineering investigation.
3.3.3 Allocation Conditions
Draft prepared by District Lands Office and circulated with statement
giving identify of Project Office as well as Preliminary Allocation Plan
in duplicate to interested parties including client Department, District
Office, District Planning Office, Highways Office, Water Supplies
Department, Geotechnical Control Office, relevant works divisions, DO,
Chief Public Works Officer of Urban District, Transport Department,
Commissioner of Police, DUS/DRS and H.D. Clearance Division for
comment, c.c. Area Clearance Co-ordinator and Project Office.
3.3.4 Approval
For both Permanent and Temporary allocations by DLO who may refer it
to District Lands Conference if consider desirable.
N.B. Minor roadside amenity areas and sitting out areas not involving
buildings, situated outside the limits of a public highway, may
be handed over, temporarily or permanently as appropriate, to
DUS/DRS for future maintenance and management without
formal allocation conditions. Amenity areas within the limits of
a public highway do not require formal allocation and may be
dealt with by the issue of a simple no objection letter.
Authority to approve other USD/RSD temporary amenity areas
and RCPs has been delegated to SES subject to certain provisos.

LWBTC No. 26/85
- 8 -
3.3.5 Notification of Allocation
(a) After approval by SES/DLO/District Land Conference or GLA
as appropriate, District Survey Office on request of District
Lands Office prepares Allocation Plan where necessary which in
the case of Government Land Allocations will be chopped by
District Lands Office :
"Site allocation approved by ................ on / / ".
(b) District Lands Office distributes Allocation Plan and Conditions
of Allocation Grant to Client Department as follows:
Client Department - (2 copies each)
Project Office - (2 copies plan, 1 copy
condition - should be
submitted 3 months
prior to gazetting land
clearances)
H.D. Clearance
)
Division
)
Geotechnical Control )
Office
)
District Planning
)
Office
) - (1 copy plan,
Commissioner of
) 1 copy conditions)
Police
)
Water Supplies
)
Department
)
Transport Department )
Highways Works
)
Division
)

LWBTC No. 26/85
- 9 -
Area Clearance Co-
)
ordinator
)
Relevant Works Division )
(D & A/Port Works )
Division etc.)
)
CPWO of Urban
)
District
)
DO )
DCS/DNTS )
- (1 copy plan,
1 copy conditions)
(c) District Lands Office distributes plan and conditions of
allocation of Works/Borrow Areas to Project Office in
accordance with circulation in (b) above.
(d) District Lands Office and H.D. Clearance Division will advise
Project Office (for information) and Client Department of order
of cost of resumption, compensations and clearance that should
be met from Head 701 Subhead 1004CA (for Urban Council and
Housing Authority projects) and 1010CA (for PWP projects)
and of time required for resumption and clearance. Relevant
District Office should be kept informed.
3.3.6 Follow up
(Possession of site is given separately, see sub-Paragraphs
3.4.3(c)(ii) and 3.5.4(a)).
As for Paragraph 3.2.4
3.4 Acquisition & Clearance
3.4.1 Clearance Programme
(a) General
Action under this Paragraph 3.4.1 is additional to and does NOT
take the place of action under other paragraphs.
(b) Long-Term Programme
Five-year, two-year and other programmes will be prepared when
and under arrangements agreed by H.D. Clearance Division,
District Lands Office and Area Clearance Co-ordinator.

LWBTC No. 26/85
- 10 -
(c) Annual Programme
(d) Re-clearance
(i) For all clearances anticipated in the following financial year
Project Offices to :
ensure in October that H.D. Clearance Division,
District Lands Office and CES/A for the Urban Area
have been sent for each clearance the appropriate Plan
under Paragraphs 3.2, 3.3 or 3.4.2 or other plan
showing probable clearance extent, and
by mid-December inform Area Clearance Co-ordinator
of anticipated clearance month and particulars of
preliminary plan or Clearance Application Form for
each clearance in each Clearance District.
(ii) Area Clearance co-ordinator will check and consolidate
Office returns with requirements for land transactions and the
Environmental Improvement Scheme into a L & W Group
Programme for each Clearance District and forward to H.D.
c.c. District Lands Office by the end of December. H.D. will
use the L & W Group Programmes in preparing their annual
programme of housing allocations for all purposes and will
confirm whether the L & W Group Programme can be
accommodated.
(i) Client departments are reminded that it is their responsibility to
take all necessary precautions to prevent unauthorised occupation
of land under their control. If unable to provide adequate
protection with the staff resources at their disposal, assistance may
be sought from the Lands Department for arranging security guard
service or fencing as appropriate, provided that the client
department has funds available for the expenditure incurred.

LWBTC No. 26/85
- 11 -
(ii) If after handing over to a Project Office, a site is illegally occupied
and has to be cleared again the Project Office is to request the
District Lands Office c.c. H.D. Clearance Division to take action to
re-clear the site. The costs of re-clearance will be met from the
Land Acquisition Vote under the control of the District Lands
Office. It should be noted there may not be funds immediately
available for unscheduled re-clearances and there is no guarantee
that project/contract deadlines will be met.
(e) Programme Reviews
Offices may inform H.D. Clearance Division c.c. District Lands Office
and Area Clearance Co-ordinator later of Clearances which could not be
foreseen for the annual programme and H.D. will endeavour to fit them
in at one of their programme reviews. Paragraphs 3.2.4, 3.3.6 & 3.4.2
provide for notification of clearance-date changes.
(f) Priorities
If at any stage H.D. find that forecast development clearances in a
Clearance District within a certain time scale cannot be accommodated,
they will inform the Area Clearance Co-ordinator concerned. The latter
will arrange for priorities of the clearances involved to be reviewed with
inter-departmental consultation as appropriate (e.g. Works Progress
Committee/DPC). If necessary after that, a submission will be made to
the Public Works Priorities Committee so that a definitive view can be
taken on priorities as a whole.
(g) Office Co-ordination
While Office Clearance Co-ordinators will be concerned with all
procedures in Paragraphs 3.1 to 3.4, they will pay particular attention to
this Paragraph [3.4.1]. Changes in office holders should be notified to
those involved.

LWBTC No. 26/85
3.4.2 Clearance Application
- 12 -
(a) By Project Office to District Lands Office with copy to H.D.
Clearance Division etc. in format of Appendix A 9 months (or 12
months where required by HD for Projects involving major
clearance) before work is expected to start (except in urgent cases)
irrespective of the category if any of the Project in the Public
Works Programme, and whether procedures under the Road
(Works, Use, Compensation) Ordinance, etc., have been completed
and irrespective of whether the Site has been allocated formally;
singed by "Chief" Officer except urgent cases to be signed by
"Government" Officer or Assistant Director. The plan, normally 1 :
1000 scale will show by thick black pecked line all the land
required including that for formation areas, Works and Borrow
Areas; it will also show the area in m 2 of each parcel of land.
Occupation should be phased when appropriate to avoid clearance
sooner then necessary.
(b) If necessary, separate application can be made for advance
clearance of part of a Site or Borrow Area for site-investigation or
topographical survey, but this should be avoided as far as possible
by limiting such surveys to what can be achieved with temporary
access arranged by District Lands Office. Such clearance can only
be done if District Lands Office agrees to make special
arrangements for control of cleared area until works start.
3.4.3 Processing
(a) By District Lands Office
(i) Complete Application Form and forward 4 copies to H.D.
Clearance Division with copies as noted on Appendix A.
(ii) Prepare for licence and tenancy cancellation and resumption
procedures.

LWBTC No. 26/85
- 13 -
(iii) Immediately before submitting resumption proposals to
Secretariat, check if sufficient provision in Head 701
Subhead 1004CA in respect of Urban Council and Housing
Authority Projects and in Head 701 Subhead 1010CA in
respect of PWP Projects has been made.
(iv) Arrange clearance of debris and is Housing Department
requests, arrange for demolition of substantial structures.
(v) From receipt of application Form, take action to ensure
clearance by date required; if possible delays arise,
immediately advise H.D. and Project Office.
(b) By Housing Department
(i) Programme clearance and confirm date and estimate to
District Lands Office, CES/A for the Urban Area and Project
Office.
(ii) Advise District Lands Office is demolition of substantial
structure required.
(iii) If possible delays arise, immediately inform District Lands
Office, Project Office and District Offices concerned.
(c) By Project Office
(i) If change of programme arises, immediately advise District
Lands Office, H.D., Area Clearance Co-ordinator and D.O.
(ii) Arrange for contractor to take possession or in case of directlabour
jobs take possession of site etc. on date agreed with
H.D. and District Lands Office. Clearance should not
normally be carried out until work can commence but where,
for some reason it has to be earlier, alternative arrangements
for taking possession of site and preventing squatting and
illegal parking should be made in conjunction with Housing
Department and District Lands office. It must be emphasised
that sites should be made available on the agreed date as far
as possible, failing which the contractor may claim for late
possession of the site.

3.5 Construction Matters
LWBTC No. 26/85
- 14 -
3.5.1 Setting-out of Building Lines
(a) By District Survey Office on request in writing from Project
Office from Project Office giving at least thirty days notice.
District Survey Office to inform Project Office when setting-out
will be carried out and Project Office will arrange to inspect and
preserve marks.
or (b) By Engineering Project Office in accordance with the agreed
Engineering Dimension Plan (i.e. agreed with District Survey
Office).
3.5.2 Contractual Arrangements
(a) Contract Documents are to contain :
(i) Contract drawings showing clearly the exact location and
boundary of the site and Works/Borrow Areas and the period
during which any Works Areas are available for the Contract
if this is not the same as the contract period.
(ii) The period for which each area will be made available.
(Project Office to consider providing only part of Works
Areas for defect liability period.)
(iii) Requirement for contractor to keep clean and clear of illegal
occupation all areas allocated for his use and if possible to
confine temporary offices to one or two defined areas (to
assist recognition by District Squatter Control Office and
District Lands Office.) (Project Office to consider need for
specifying fencing, hoarding, guards, etc.)

LWBTC No. 26/85
- 15 -
(b) Form PWD 84 - Consent to erect Temporary Structure on Works
Site
3.5.3 Site Control
To be issued by Project Office for temporary structures in cases
where works site cannot be defined in contract document (e.g.
Maintenance contracts). Site to be jointly selected with District
Lands Office.
(a) Contractor* when ordered by Project Office to start work, to be
required to take charge of Site and Works/Borrow Areas and be
responsible for keeping clean and clear of illegal occupation.
(b) Plans for areas allocation to contractor to be sent by Project Office
to :-
Contractor* for retention in Site Office
District Lands Office ) (with statement of period
District Squatter
Control Office
)
)
for which areas have been
allocated.)
(c) Project Office to ensure contractor* fulfils responsibilities for
keeping areas clean and clear, for working borrow areas safely and
for siting temporary structures together. Where illegal occupation
is found despite this, and on request of contractor, to arrange
assistance of District Lands Office c.c. H.D. Clearance Division in
eviction and clearance but every effort must be made to avoid
additions to the Clearance Programme in this way.
3.5.4 On Completion
* For direct-labour jobs, responsibilities rest with Project Office.
(a) Handing Over of Site
Prior to a contractor vacating the whole or any part of a Site or
Work/Borrow Area, Project Office to arrange for area being
vacated, after necessary joint inspections, to be formally handed
over and confirmed in writing in one of the following ways to
ensure continuous control :

LWBTC No. 26/85
- 16 -
(i) For completed Project, to Client Department where
applicable. In the case of amenity areas, the subsequent
management and maintenance responsibilities should be
discussed and agreed among the Client Department, the
Lands Department and the Maintenance Department (e.g.
USD/RSD, DO, AFD or LD), where appropriate.
(ii) For immediate further works under the same project to
follow-up contractor.
(iii) For immediate further works under another Project, to
follow-up contractor through relevant Project Office, who
should already have taken action as necessary under earlier
Sections of this Procedure.
or
(iv) In all other cases to District Lands Office and District
Squatter Control Office whose relative responsibilities for
keeping the area clear will depend on use to which land is to
be put.
N.B. In case A, B & C District Lands Office and District Squatter
Control Office to be informed of arrangement made. At the
time of hand-over, the Department taking over should be
advised in writing of its obligation to take all possible
precautions against squatting or dumping.
(b) Cleanliness
(i) The Project Office engineer/architect responsible for the
contract or direct-labour job must inspect the Site etc. and,
when satisfied certify in writing to his Division Head that
(a) all temporary structures have been removed,
(b) the Site etc., has been left in a clean and satisfactory
condition and,

3.6 Change of Use
LWBTC No. 26/85
- 17 -
(c) the Site etc., has been handed over in accordance with
the appropriate part of (a) above giving particulars.
(ii) For a contract covered by L & W Group General Conditions
of Contract in which the clearance of the site is a general
obligation, the contractor is not entitled to such payment as
may be attributable to this work unless and until he has
satisfactory completed it.
(c) As constructed Plan
Project Office will forward 2 copies each of as-constructed survey
to District Survey Office, District Planning Office and Client
Department.
3.6.1 Circumstances involved
Any proposal for :
(a) substantial change of use
(b) complete redevelopment
(c) additional project
or (d) substantial building alteration with additional floors or extension
on any piece of land.
3.6.2 Planning request
By Client Department or Project Office at earliest state with plan
showing Site and nature of proposal to District Planning Office, or DLO
as appropriate (see para. 3.1.1) for comment and consideration whether
special application needed to Town Planning Board or other authority.

LWBTC No. 26/85
3.6.3 Allocation Check
- 18 -
If District Planning Office agrees in principle and when the proposal is in
Cat. B or D of PWP of accepted as charge to a vote, Client Department or
Project Office to ask District Lands Office to consider need to update any
previous Allocation or Grant Conditions.
( J.R. Todd )
Secretary for Lands and Works