Hong Kong Ordinances

BUILDINGS ORDINANCE - SECT 2

Interpretation

(Past version on 31/12/2005).
(Past version on 31/12/2004).
(Past version on 01/04/1998).
(Past version on 27/03/1998).
(Past version on 22/12/1997).
(Past version on 07/11/1997).
(Past version on 01/07/1997).
(Past version on 30/06/1997).

(1) In this Ordinance, unless the context otherwise requires-

"access road" (通路) means a road on land held under lease, licence or
otherwise from the Government or on land over which the Government has granted
a right of way, providing access only to buildings used or intended to be used
wholly or mainly for purposes of habitation, and which is not a street; (Added
44 of 1959 s. 2. Amended 29 of 1998 s. 105)

"Architects Registration Board" (建築師註冊管理局) means the
Architects  Registration Board established by section 4 of the
Architects Registration  Ordinance ( Cap 408); (Added 54 of 1996 s. 2)

"authorized person" (認可人士) means a person whose name is on the
authorized  persons' register kept under section 3(1)-

   (a)  as an architect;

   (b)  as an engineer; or

   (c)  as a surveyor; (Replaced 54 of 1996 s. 2)

"building" (建築物) includes the whole, or any part, of any domestic or
public building or building which is constructed or adapted for use for
public entertainment, arch, bridge, cavern adapted or constructed to be used
for the storage of petroleum products, chimney, cook-house, cowshed, dock,
factory, garage, hangar, hoarding, latrine, matshed, office, oil 
storage installation, out-house, pier, shelter, shop, stable, stairs, wall,
warehouse, wharf, workshop or tower, sea-wall, breakwater, jetty, mole, quay,
cavern or any underground space adapted or constructed for occupation or use
for any purpose including its associated access tunnels and access shafts,
pylon or other similar structure supporting an aerial ropeway and such other
structures as the Building Authority may by notice in the Gazette declare to
be a building; (Amended 44 of 1959 s. 2; 19 of 1976 s. 32; 16 of 1978 s. 2; 5
of 1983 s. 2; 68 of 1993 s. 2; 72 of 1995 s. 15)

"Building Authority" (建築事務監督) means the Director of Buildings;
(Amended L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993)

"building owner" (建築物擁有人) means a person desiring to build a
new building or to alter an existing building and shall include the agent of
and authorized person appointed by a building owner; (Amended 91 of 1990 s. 2)

"building works" (建築工程) includes any kind of building construction,
site  formation works, ground investigation in the scheduled areas, foundation
works, repairs, demolition, alteration, addition and every kind of building
operation, and includes drainage works; (Amended 72 of 1980 s. 3; 41 of 1982
s. 2; 52 of 1990 s. 2)

"composite building" (綜合用途建築物) means a building that is partly
domestic and partly non-domestic; (Added 73 of 1983 s. 2)

"contraventions of the provisions of this Ordinance"
(違反本條例的條文) includes-

   (a)  failure to comply with any order given or any condition imposed by the
        Building Authority under this Ordinance;

   (b)  in the case of building works (other than minor works commenced under
        the simplified requirements), material divergence or deviation from
        any plan approved by the Building Authority under this Ordinance;

   (c)  in the case of minor works commenced under the simplified 
        requirements, material divergence or deviation from any plan required
        to be submitted to the Building Authority under the
        simplified requirements; and

   (d)  in the case of minor works commenced under the simplified 
        requirements, failure to submit to the Building Authority any
        certificate required to be submitted under the
        simplified requirements; (Replaced 20 of 2008 s. 3)

"dangerous building" (危險建築物) means any building in such a condition
as to cause risk of injury either to the occupiers or users of such building
or to the occupiers or users of any neighbouring building or to the general
public;

"design assumption" (設計假定) means an assumption stated or implied in
the design calculations or other documentation in respect of building works
submitted to the Building Authority; (Added 72 of 1980 s. 3)

"domestic" (住用), when used in relation to a part of a composite building,
means a part that is constructed or intended for habitation; (Added 73 of 1983
s. 2)

"domestic building" (住用建築物) means a building constructed or intended
to be
used for habitation and the expression "domestic purposes" (住用用途)
shall be construed accordingly; (Added 73 of 1983 s. 2)

"drain" (排水渠) means a drain used for the drainage of one building and
any buildings and yards appurtenant thereto; (Added 44 of 1959 s. 2)

"drainage works" (排水工程) means any work connected with the
construction, repair, alteration, disconnexion, trapping and ventilation of
drains or sewers; (Added 44 of 1959 s. 2)

"electronic record" (電子紀錄) has the same meaning as in section 2(1) of
the Electronic Transactions Ordinance ( Cap 553); (Added 20 of 2008 s. 3)

"emergency vehicular access" (緊急車輛通道), in relation to a building,
means a vehicular access used or to be used for access of a vehicle of the
Fire Services Department to the building in the event of a fire or other
emergency; (Added 15 of 2004 s. 2)

"Engineers Registration Board" (工程師註冊管理局) means the
Engineers Registration  Board established by section 3 of the
Engineers Registration Ordinance ( Cap 409); (Added 54 of 1996 s. 2)

"escalator" (自動梯) has the meaning assigned to it in section 2 of the
Lifts  and Escalators (Safety) Ordinance ( Cap 327); (Added 43 of 1987 s. 44)

"frontagers" (臨街處所擁有人) means, in the case of a private street
the owners of premises fronting, joining or abutting on such street, and in
the case of an access road the owners of premises to which such road provides
access; (Added 44 of 1959 s. 2)

"ground investigation" (土地勘測) means any exploratory drilling, boring,
excavating and probing of land for obtaining any information on ground
conditions and includes the installation of instruments, sampling, field
testing, any other site operation and laboratory testing of samples obtained
from such operations; (Added 41 of 1982 s. 2)

"groundwater drainage works" (地下水排水工程) means any work or
installation connected with the draining of water flowing, percolating or
lying under the surface of land but does not include drainage works as defined
in this section; (Added 41 of 1982 s. 2)

"habitation" (居住) in relation to the use of a building, or part of a
building, includes use of it for hotel, guest-house, boarding-house, hostel,
dormitory or similar accommodation; (Added 73 of 1983 s. 2)

"hand-dug caisson" (人工挖掘沉箱) means any foundation or
earth-retaining structure, or part thereof, the construction of which includes
the excavation of a shaft in the ground by means of digging carried out by any
person inside the shaft with or without the aid of machine tools; (Added 6 of
1995 s. 2)

"Land Registry" (土地註冊處) means the Land Registry referred to in
section  2 (1) of the Land Registration Ordinance ( Cap 128); (Added 55 of
1996 s. 2)

"lift" (升降機) has the meaning assigned to it in section 2 of the
Lifts and  Escalators (Safety) Ordinance ( Cap 327); (Replaced 43 of 1993 s.
2)

"minor works" (小型工程) means building works designated in the
regulations as minor works for the purposes of this definition; (Added 20 of
2008 s. 3)

"new building" (新建築物) means any building hereafter erected and also
any existing building of which not less than one half measured by volume is
rebuilt or which is altered to such an extent as to necessitate the
reconstruction of not less than one half of the superficial area of the main
walls;

"non-domestic" (非住用), when used in relation to a part of a composite 
building, means a part that is constructed or intended for use otherwise than
for habitation; (Added 73 of 1983 s. 2)

"non-domestic building" (非住用建築物) means a building that is not a
domestic  building; (Added 73 of 1983 s. 2)

"occupier" (佔用人) means in the case of domestic buildings a person
resident therein and in the case of other buildings means a person carrying on
an occupation full-time in such building;

"oil storage installation" (貯油裝置) means any tank having a capacity of
not less than 110000 litres, or a group of tanks any one of which is a tank
having a capacity of not less than 110000 litres, constructed above ground
level for the purpose of storing petroleum products; (Added 16 of 1978 s. 2.
Amended 68 of 1993 s. 2)

"owner" (擁有人) includes any person holding premises direct from the
Government whether under lease, licence or otherwise, any mortgagee in
possession and any person receiving the rent of any premises, solely or with
another, on his own behalf or that of any person, or who would receive the
same if such premises were let to a tenant, and where such owner as above
defined cannot be found or ascertained or is absent from Hong Kong or is under
disability, the agent of such owner; (Amended 29 of 1998 s. 105; 62 of 2000 s.
3)

"performance review" (表現檢討) means a report in respect of
building works, submitted by an authorized person, stating and justifying that
the building works have been inspected and monitored in the course of
construction and that the geotechnical design assumptions upon which the
building works have been based are valid; (Added 41 of 1982 s. 2)

"petroleum products" (石油產品) means crude petroleum or petroleum
feed-stock and includes-

   (a)  semi-refined petroleum; and

   (b)  wholly refined petroleum, which is liquid or solid at ambient
        temperatures and pressures; (Replaced 68 of 1993 s. 2)

"place of public entertainment" (公眾娛樂場所) and "public
entertainment" (公眾娛樂) have the same meanings assigned to them,
respectively, by the Places of  Public Entertainment Ordinance ( Cap 172);
(Added 72 of 1995 s. 15)

"plan" (圖則) includes drawings, details, diagrams, calculations, structural
details, structural calculations, geotechnical details and geotechnical
calculations; (Added 44 of 1959 s. 2. Amended 15 of 2004 s. 2)

"prescribed building professional" (訂明建築專業人士) means an
authorized person, a registered structural engineer or a
registered geotechnical engineer; (Added 20 of 2008 s. 3)

"prescribed qualification" (訂明資格) means the qualification prescribed
under this Ordinance or by the respective Registration Ordinance for inclusion
in the respective register; (Added 54 of 1996 s. 2)

"prescribed registered contractor" (訂明註冊承建商) means a
registered general  building contractor, registered specialist contractor or
registered minor  works contractor; (Added 20 of 2008 s. 3)

"private street" (私家街道) means a street on land held under lease,
licence or otherwise from the Government or on land over which the Government
has granted a right of way; (Added 44 of 1959 s. 2. Amended 29 of 1998 s. 105)

"register" (名冊) means a register maintained under this Ordinance and
includes a sub-register; (Added 54 of 1996 s. 2)

"registered architect" (註冊建築師) means a person whose name is on the
register of registered architects established and maintained under section  8
of the Architects Registration Ordinance ( Cap 408); (Added 54 of 1996 s. 2)

"registered general building contractor" (註冊一般建築承建商) means a
person whose name is for the time being on the register of general building
contractors maintained under section 8A; (Added 54 of 1996 s. 2)

"registered geotechnical engineer" (註冊岩土工程師) means a person
whose name is for the time being on the geotechnical engineers' register kept
under section 3(3A); (Added 15 of 2004 s. 2)

"registered minor works contractor" (註冊小型工程承建商) means a
person whose name is for the time being on the register or provisional
register of minor  works contractors maintained under section 8A; (Added 20 of
2008 s. 3)

"registered professional engineer" (註冊專業工程師) means a person
whose name is on the register of registered professional engineers established
and maintained under section 7 of the Engineers Registration Ordinance ( Cap 
409); (Added 54 of 1996 s. 2)

"registered professional surveyor" (註冊專業測量師) means a person
whose name is on the register of registered professional surveyors established
and maintained under section 7 of the Surveyors Registration Ordinance ( Cap 
417); (Added 54 of 1996 s. 2)

"registered specialist contractor" (註冊專門承建商) means a person
whose name is for the time being on the register of specialist contractors
maintained under section 8A; (Added 54 of 1996 s. 2)

"registered structural engineer" (註冊結構工程師) means a person whose
name is for the time being on the structural engineers' register kept under
section 3(3); (Added 52 of 1974 s. 2)

"Registration Committee" (註冊事務委員會) means an Authorized Persons
Registration Committee, a Structural Engineers Registration Committee, a
Geotechnical Engineers Registration Committee or a Contractors
Registration Committee, as the case requires; (Added 54 of 1996 s. 2. Amended
15 of 2004 s. 2)

"Registration Ordinance" (註冊條例) means the Architects Registration
Ordinance ( Cap 408), the Engineers Registration Ordinance ( Cap 409) or the
Surveyors Registration Ordinance ( Cap 417), as the case may be; (Added 54 of
1996 s. 2)

"regulations" (規例) means rules and regulations made under this Ordinance;

"scheduled areas" (附表所列地區) means the areas specified in the Fifth
Schedule and references to a building or building works in the scheduled areas
are, in the case of a building or building works situated partly in one of the
scheduled areas, references to that part of the building or building works so
situated; (Replaced 52 of 1990 s. 2)

"Secretary" (局長) means the Secretary for Development; (Added 20 of 2008 s.
3)

"sewer" (污水渠) does not include a drain as defined in this section, but
includes all sewers and drains used for the drainage of more than one building
and any buildings and yards appurtenant thereto; (Added 44 of 1959 s. 2)

"signboard" (招牌) means a hoarding, framework, scaffolding or other
structure erected solely for the purpose of displaying any advertisement,
making any announcement or notification, or displaying any visual image or
other information; (Added 15 of 2004 s. 2)

"simplified requirements" (簡化規定) means any requirements prescribed in
the regulations as simplified requirements for the purposes of this
definition; (Added 20 of 2008 s. 3)

"site formation works" (地盤平整工程) includes excavations on sloping
land, filling, landslip preventive works, landslip remedial works and ground
water drainage works; (Added 72 of 1980 s. 3. Amended 41 of 1982 s. 2)

"specialized works" (專門工程) means building works or street works
designated as specialized works under section 2A; (Replaced 20 of 2008 s. 3)

"specified" (指明), in relation to a form, means specified by the Building 
Authority under section 22(4); (Added 68 of 1993 s. 2)

"specified document" (指明文件) means-

   (a)  a document made, issued or given, or a plan submitted to or approved
        by the Building Authority, under or for the purposes of this Ordinance
        or the Buildings Ordinance 1935 (18 of 1935); or

   (b)  any part of the document or plan; (Added 20 of 2008 s. 3)

"specified document record" (指明文件紀錄) means-

   (a)  a record of a specified document made under section 36C(a);

   (b)  an electronic record made under section 36C(b); or

   (c)  a copy of an electronic record made under section 36C(c); (Added 20 of
        2008 s. 3)

"street" (街道) includes the whole or any part of any square, court or
alley, highway, lane, road, road-bridge, footpath, or passage whether a
thoroughfare or not;

"street works" (街道工程) means any work for the construction, formation
or laying out of any private street or access road, including the surfacing,
channelling, draining and lighting thereof, or for the reconstruction,
alteration or repair thereof; (Added 44 of 1959 s. 2)

"supervision plan" (監工計劃書) means a plan setting out the plan of
safety management of building works or street works prepared in compliance
with the technical memorandum issued under section 39A; (Added 54 of 1996 s.
2. Amended 15 of 2004 s. 2)

"Surveyors Registration Board" (測量師註冊管理局) means the
Surveyors Registration  Board established by section 3 of the
Surveyors Registration Ordinance ( Cap 417); (Added 54 of 1996 s. 2)

"ventilating system" (通風系統) means a mechanical system for introducing
or exhausting air; (Added 23 of 1971 s. 2)

"water pipe" (水管) means any water carrying pipe and fittings thereto other
than a drain or sewer but does not include any pipe or fitting forming any
part of a fire service or inside service within the meaning of the
Waterworks Ordinance ( Cap 102) the costs of maintenance of which shall, under
section 17(2)(b) of that Ordinance, be borne by the Water Authority. (Added 55
of 1996 s. 2) (Amended 43 of 1993 s. 2; 54 of 1996 s. 2)

(1A) Where this Ordinance refers to a person's certifying minor  works
commenced under the simplified requirements, it means the certification by the
person of anything that is required by the regulations to be certified in
respect of such minor works. (Added 20 of 2008 s. 3)

(1B) For the purposes of this Ordinance, minor works that are commenced or
carried out without the approval and consent of the Building  Authority under
section 14(1) are to be regarded as minor works commenced under the
simplified requirements if-

   (a)  a prescribed building professional or a prescribed registered 
        contractor has been appointed in respect of the works; or

   (b)  the works are commenced or carried out by a prescribed 
        registered contractor. (Added 20 of 2008 s. 3)

(2) The duties imposed on and the powers granted to the Building  Authority
under this Ordinance may be carried out and exercised by an officer of any
Department of the Government specified in the Fourth Schedule who is
authorized by the Director of Buildings either generally or particularly and
subject to his instructions. (Amended L.N. 76 of 1982; 73 of 1985 s. 2; L.N.
94 of 1986; L.N. 291 of 1993)

(3) The Legislative Council may by resolution amend the Fourth or Fifth
Schedule. (Added 73 of 1985 s. 2. Amended 6 of 1995 s. 2)

(4) Any reference in Part I or VII to registration in any register shall be
construed as the inclusion, retention, further retention or restoration of a
person's name in or to the relevant register, as the case may require. (Added
77 of 1994 s. 2)

"access road" (通路)

"Architects Registration Board" (建築師註冊管理局)

"authorized person" (認可人士)

"building" (建築物)

"Building Authority" (建築事務監督)

"building owner" (建築物擁有人)

"building works" (建築工程)

"composite building" (綜合用途建築物)

"contraventions of the provisions of this Ordinance"
(違反本條例的條文)

"dangerous building" (危險建築物)

"design assumption" (設計假定)

"domestic" (住用)

"domestic building" (住用建築物)

"domestic purposes" (住用用途)

"drainage works" (排水工程)

"electronic record" (電子紀錄)

"emergency vehicular access" (緊急車輛通道)

"Engineers Registration Board" (工程師註冊管理局)

"escalator" (自動梯)

"frontagers" (臨街處所擁有人)

"ground investigation" (土地勘測)

"groundwater drainage works" (地下水排水工程)

"habitation" (居住)

"hand-dug caisson" (人工挖掘沉箱)

"Land Registry" (土地註冊處)

"lift" (升降機)

"minor works" (小型工程)

"new building"

"non-domestic" (非住用)

"non-domestic building" (非住用建築物)

"occupier" (佔用人)

"oil storage installation" (貯油裝置)

"owner" (擁有人)

"performance review" (表現檢討)

"petroleum products" (石油產品)

"place of public entertainment" (公眾娛樂場所) and "public
entertainment" (公眾娛樂)

"plan" (圖則)

"prescribed building professional" (訂明建築專業人士)

"prescribed qualification" (訂明資格)

"prescribed registered contractor" (訂明註冊承建商)

"private street" (私家街道)

"register" (名冊)

"registered architect" (註冊建築師)

"registered general building contractor" (註冊一般建築承建商)

"registered geotechnical engineer" (註冊岩土工程師)

"registered minor works contractor" (註冊小型工程承建商)

"registered professional engineer" (註冊專業工程師)

"registered professional surveyor" (註冊專業測量師)

"registered specialist contractor" (註冊專門承建商)

"registered structural engineer" (註冊結構工程師)

"Registration Committee" (註冊事務委員會)

"Registration Ordinance" (註冊條例)

"regulations" (規例)

"scheduled areas" (附表所列地區)

"Secretary" (局長)

"sewer" (污水渠)

"signboard" (招牌)

"simplified requirements" (簡化規定)

"site formation works" (地盤平整工程)

"specialized works" (專門工程)

"specified" (指明)

"specified document" (指明文件)

"specified document record" (指明文件紀錄)

"street" (街道)

"street works" (街道工程)

"supervision plan" (監工計劃書)

"Surveyors Registration Board" (測量師註冊管理局)

"ventilating system" (通風系統)

"water pipe" (水管)