Protection of the Harbour Ordinance

by Legislative Council of Hong Kong

Layout 2

HONG KONG

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Ordiance No. 106 of 1997

An Ordinance to protect and preserve the harbour by establishing a presumption against reclamation in the harbour and by requiring such reclamation to be approved by the Legislative Council, and to make consequential amendments to other Ordinances.

[30 June 1997]

Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.

1. Short title

This Ordinance may be cited as the Protection of the Harbour Ordinance.

2. Interpretation

In this Ordinance, unless the context otherwise requires—

“central harbour” (中央海港) means the waters of Hong Kong within the boundaries specified in Schedule 1;

“reclamation” (填海工程) includes any work over and upon any foreshore and sea-bed;

“relevant Ordinance” (有關條例) means—

(a) the Foreshore and Sea-bed (Reclamations) Ordinance (Cap. 127);

(b) the Cross-Harbour Tunnel Ordinance (Cap. 203);

(c) the Eastern Harbour Crossing Ordinance (Cap. 215);

(d) the Mass Transit Railway (Land Resumption and Related Provisions) Ordinance (Cap. 276);

(e) the Roads (Works, Use and Compensation) Ordinance (Cap. 370);

(f) the Western Harbour Crossing Ordinance (Cap. 436); or

(g) any other Ordinance under which reclamation is authorized or which otherwise provides for reclamation.

3. Presumption against reclamation in the harbour

(1) The central harbour is to be protected and preserved as a special public asset and a natural heritage of Hong Kong people, and for that purpose there shall be a presumption against reclamation in the central harbour.

(2) All public officers and public bodies shall have regard to the principle stated in subsection (1) for guidance in the exercise of any powers vested in them.

4. Transitional

This Ordinance does not apply to any reclamation authorized under a relevant Ordinance before the commencement of this Ordinance.

Boundaries of the Central harbour

On the east—a straight line drawn from the extreme south-east point of Hung Hom adjacent to Kowloon Bay to the extreme north point of Hong Kong island at North Point.

On the west—a line following the course of the easternmost conduit of the tunnel defined in section 2 of the Western Harbour Crossing Ordinance (Cap. 436).