9789888754069
Distributed for Hong Kong University Press
Land Administration and Practice in Hong Kong
Fifth Edition, New edition
The authoritative guide to the current practices of land administration in Hong Kong.
This book examines both the historical context and current practices of land administration in Hong Kong. Although Hong Kong has an open and business-friendly environment, it is underpinned by a socialist leasehold land tenure system. The government is landlord to virtually all land and so it plays a pivotal role in the administration of this scare, and therefore, valuable resource. As land administration is governed by private contract law rather than legislation, it is constantly evolving with the courts handing down significant decisions on a regular basis. Government practice has had to respond to this as well as the community’s concern over how best land can be administered. This new edition includes substantial and important updates that will ensure that the book will continue to be useful to both students and practitioners of surveying, architecture, planning, and law, as well as to the wider business and financial community.
This book examines both the historical context and current practices of land administration in Hong Kong. Although Hong Kong has an open and business-friendly environment, it is underpinned by a socialist leasehold land tenure system. The government is landlord to virtually all land and so it plays a pivotal role in the administration of this scare, and therefore, valuable resource. As land administration is governed by private contract law rather than legislation, it is constantly evolving with the courts handing down significant decisions on a regular basis. Government practice has had to respond to this as well as the community’s concern over how best land can be administered. This new edition includes substantial and important updates that will ensure that the book will continue to be useful to both students and practitioners of surveying, architecture, planning, and law, as well as to the wider business and financial community.
240 pages | 6 halftones, 2 maps | 6 x 9 | © 2022
Asian Studies: East Asia
Economics and Business: Economics--Development, Growth, Planning, Economics--Urban and Regional
Table of Contents
Introduction xi
Section I Historical Development of Land Administration
1. The First Land Sales, 1841–1842 3
2. The Early Years, 1843–1898 9
3. 1898 Onwards: The New Territories Lease 16
4. The Sino-British Joint Declaration 1984 and the Basic Law 1990 26
5. Hong Kong Special Administrative Region Government 36
Section II Present-Day Land Administration
6. Economic Background, Land Needs, and Reclamations 49
7. Lands Department Functions under Administrative Law 58
8. Land Exchange and Lease Modifications 74
9. Development Control in Older Lease Conditions 84
10. Access Arrangements and Rights-of-Way 94
11. Town Planning Controls and Development Restrictions in Lease 97
Conditions
12. Land Management and Lease Enforcement 108
Section III Land Administration Problems and Practice Associated with
the New Territories
13. Land Exchange Entitlements (Also Known as Letters A/B) 123
14. Small House Policy and the 300-Foot Rule 129
15. Limitations Ordinance, Adverse Possession, and the Principle of 139
Encroachment
16. Tsos and Tongs and Their Impact on Land Assembly 144
17. Succession 147
18. Fung Shui and Graves 149
19. Boundary Disputes, Missing Lots, Missing Documents, 152
and Secondary Evidence
Section IV Future Developments in Land Administration
20. How Planning and Land Policy Could Be Used to Enhance 159
Conservation in Hong Kong
21. The Land Titles Ordinance 2004 170
Appendices 177
Glossary 211
Bibliography 214
Index 217
Section I Historical Development of Land Administration
1. The First Land Sales, 1841–1842 3
2. The Early Years, 1843–1898 9
3. 1898 Onwards: The New Territories Lease 16
4. The Sino-British Joint Declaration 1984 and the Basic Law 1990 26
5. Hong Kong Special Administrative Region Government 36
Section II Present-Day Land Administration
6. Economic Background, Land Needs, and Reclamations 49
7. Lands Department Functions under Administrative Law 58
8. Land Exchange and Lease Modifications 74
9. Development Control in Older Lease Conditions 84
10. Access Arrangements and Rights-of-Way 94
11. Town Planning Controls and Development Restrictions in Lease 97
Conditions
12. Land Management and Lease Enforcement 108
Section III Land Administration Problems and Practice Associated with
the New Territories
13. Land Exchange Entitlements (Also Known as Letters A/B) 123
14. Small House Policy and the 300-Foot Rule 129
15. Limitations Ordinance, Adverse Possession, and the Principle of 139
Encroachment
16. Tsos and Tongs and Their Impact on Land Assembly 144
17. Succession 147
18. Fung Shui and Graves 149
19. Boundary Disputes, Missing Lots, Missing Documents, 152
and Secondary Evidence
Section IV Future Developments in Land Administration
20. How Planning and Land Policy Could Be Used to Enhance 159
Conservation in Hong Kong
21. The Land Titles Ordinance 2004 170
Appendices 177
Glossary 211
Bibliography 214
Index 217