Land Survey Ordinance Cap' 473

1
Land Survey Ordinance(Cap. 473)
2
Land Survey Ordinance

• An Ordinance to provide for-
• Registration and discipline of land surveyors
  engaged in land boundary surveys
• Control of standards of land boundary surveys
• Establishment of land boundary records and for
  related matters

3
Key Players of the Land Survey Ordinance

• The Secretary for Planning and Lands (SPL)
• The Land Survey Authority (LSA)
• The Land Surveyors Registration Committee (LSRC)
• The Disciplinary Board Panel
• Authorized Land Surveyors (ALSs)
• Legislation Section of the Survey and Mapping
  Office, Lands Department

4
Secretary for Planning Lands

• Appoints members of the Land Surveyors
  Registration Committee
• Handles complaint or referral of disciplinary
  offences of ALS
• Appoints a Disciplinary Board to conduct such an
  inquiry.

5
Land Survey Authority (LSA)

• Director of Lands shall be the LSA
• Deputy Director/Survey Mapping as LSA (being
  delegatee of Director of Lands)
• Functions-
• To control land boundary survey standards
• To maintain land boundary records
• To advise SPL regarding allegation of
  disciplinary offences committed by ALSs

6
Land Surveyors Registration Committee

• Comprises 3 public officers 3 ALSs appointed by
  SPL
• Functions-
• To establish/maintain a register of ALS
• To handle matters relating to the registration of
  ALSs

7
Disciplinary Board Panel

• Appointed by the Chief Executive
• Comprises 9 members3 legal practitioners, 3
  non-ALS HKIS members and 3 ALSs
• A Disciplinary Board will be appointed by SPL
  with three members selected from the Panel when
  there should be an inquiry into the conduct of an
  ALS

8
Authorized Land Surveyors

• Registered under the LSO with the following
  qualifications-
• A corporate member of HKIS (under the Land
  Surveying Division) or a land surveying institute
  recognized by LSRC
• One year post-qualification land boundary
  survey experience in Hong Kong acceptable to LSRC

9
Authorized Land Surveyors

• Responsibilities
• To ensure compliance with the code of practice
  (COP) in conducting every land boundary survey
  and preparing the plans.
• personally responsible for accuracy and
  completeness of plans signed and certified by him
• To perform legal duties as required under the
  Land Survey Ordinance

10
Legislation Section, SMO, LandsD

• Functions-
• To administer the operation of the LSO
• To provide secretarial support to the LSRC and
  any Disciplinary Board
• To process plans deposited by ALSs
• To assist LSA in the formulation/revision of the
  code of practice and other directions

11
The Operation of the Land Survey Ordinance(Cap.
473)
12
Major Activities

• Registration of ALSs
• Processing of plans under section 30 of the Land
  Survey Ordinance (Cap. 473)
• Disciplinary proceedings

13
Registration of ALSs

• Application to the Secretary of LSRC (Senior Land
  Surveyor/Legislation)
• Processed and approved by LSRC
• Registration in force for one year (1 Jan to 31
  Dec) and can be renewable
• The Registrar (Senior Land Surveyor/Legislation)
  maintains the register of ALSs
• Register available for inspection by public

14
Section 30 of LSO

• Any legal instrument effecting a subdivision of
  land has to be accompanied by a land boundary
  plan signed and certified by an ALS for
  registration with Land Registry
• Upon registration of such deed, ALS shall within
  7 days deposit with the LSA a duplicate land
  boundary plan and the corresponding survey record
  plan

15
Regulatory Check

• A means to monitor standards of land boundary
  survey conducted by ALS
• Items to be checked-
• consistency of submitted information
• compliance with COP

16
Code of Practice (COP)

• providing practical instruction/guidance in
  respect of land boundary surveys related
  matters
• the LSA after consultation with the HKIS,
• (a) approve and issue such COP (prepared by him
  or not) as in his opinion are suitable for that
  purpose(b) approve such COP issued or proposed
  to be issued otherwise than by him as in his
  opinion are suitable for that purpose.

17
Disciplinary Proceeding

• Complaint made to LSA concerning a disciplinary
  offence by an ALS should be referred to SPL (LSA
  may also made his own complaint to SPL)
• SPL appoints a Disciplinary Board to conduct an
  inquiry
• ALS aggrieved by Disciplinary Board decision may
  appeal to the Court of Appeal

18
Disciplinary Offences

• is negligent or misconducts himself in any
  professional respect as an ALS
• makes false certifications
• supplies to LSA erroneous information in relation
  to any land boundary survey
• fails to perform any legal duty under LSO
• fails to comply with a requirement of LSA under
  LSO

19
Inquiry by a Disciplinary Board

• Procedure governed by the Land Survey
  (Disciplinary Procedure) Regulation
• The Disciplinary Board may order the Registrar to
  remove the ALSs name from the register for a
  period or permanently or reprimand the ALS in
  writing