Transfer of Development Rights Approach: Striking the Balance between Economic Development and Historic Preservation in Surveying and Built Environment Vol 19(1), 38-53 December 2008 ISSN 1816-9554

Transfer of Development Rights Approach: Striking the Balance between Economic Development and Historic Preservation in Hong Kong

P Li*

ABSTRACT

Can the Transfer of Development Rights work in Hong Kong? This paper looks at the fundamentals of the TDR; the current control on property development and its effect on heritage buildings; the conditions for applying the TDR in Hong Kong; and examples of completed TDR cases, before concluding that the future looks promising for TDR applications here. It examines certain TDR cases like the early Letter B land redemption certificates; the redevelopment of the Hoover Theatre into the Paliburg Plaza and Regal Hotel in Causeway Bay; the HSBC Tower at 1 Queen’s Road Central; Tai Fu Tai at San Tin, Yuen Long; the Morrison Hall in ; the well-known case of the Ohel Leah on Robinson Road, Mid-Levels; and the recent case of King Yin Lane at 45 Stubbs Road. With the establishment of the Development Bureau in July 2007 overseeing planning, land, buildings, works and heritage, it is possible to find the fulcrum between economic development and historical preservation.

KEYWORDS

Transfer of Development Rights Balance Economic development Historic preservation Hong Kong

SBE *Faculty of Architecture, University of Sydney, NSW 2006, Australia 38 Email: [email protected] Surveying and Built Environment Vol 19(1), 38-53 December 2008 ISSN 1816-9554

INTRODUCTION Hong Kong has pioneered and practiced a form of the TDR since the 1960s. Based on a UNESCO-sponsored The government implemented a land conference paper in 1999, Cody (2002) redemption certificate system for land wrote an interesting article on the resumed in the rural area, which was Transfer of Development Rights (TDR) commonly known as the Letters A and as an incentive for historic preservation B. Lai (2000) argued that the Letter in Hong Kong. After examining the A/B system had the beauty of settling strengths and weaknesses of five TDR- compensation for resuming rural land related cases of the ‘Letters B’ land in the New Territories for small house redemption certificate (Nissim, 1999); development with minimal government the Lee Theatre; Pun Uk in Yuen Long; spending. the London Mission Building; and Cheung Kong Centre, he was cautious This worked so efficiently in the about the viability of this incentive transfer of development rights that scheme in Hong Kong. Cody (2002) suggested resurrecting the Letter B system. He also lamented the After a brief introduction, this paper unfortunate case of the Lee Theatre1 will consider the fundamentals of in Causeway Bay where no transfer TDR; the current control on property of plot ratio was permitted under the development and its effect on heritage rigid planning and density control buildings; the conditions for applying mechanism for ‘non in-situ sites’. TDR in Hong Kong; and examples of completed TDR cases, before coming Rationale behind the TDR to the conclusion that the future looks In essence, the TDR is the transfer bright and sunny for TDR applications of surplus development rights from here. a sending site to a receiving site. Commercially, the transfer of surplus The establishment of the Development development rights from one lot to Bureau in July 2007 - which puts another enables a developer to increase planning, land, buildings, works and density at the receiving site in a popular heritage under one roof - makes it district so that he can reap higher profit. possible to find the fulcrum between In the United States, developers benefit development and preservation. from the clarity and consistency that the TDR programmes offer (Pruetz, 1997), and they make development more FUNDAMENTALS OF TDR predictable. The sending lot owner can realize his unused development rights Early Practice of the Transfer of and recoup a lump sum from the sale. Development Rights The TDR can be applied in Hong Kong It can be argued that the difference as an effective tool in preserving many between the existing and permissible of the heritage buildings under threat plot ratio can be transferred and and at minimal public cost. Interestingly, SBE traded openly in the market place. 39 Transfer of Development Rights Approach: Striking the Balance between Economic Development and Historic Preservation in Hong Kong Surveying and Built Environment Vol 19(1), 38-53 December 2008 ISSN 1816-9554

Proceeds from these sales could be a series of paper in December 1998.2 used for preservation, maintenance or improvement of the historic heritage Government intervention can be in the buildings. This would perhaps help to form of issuing administrative orders ease the burden on public spending and against demolition; incentives measures provide an incentive for private owners like permission for transferring to maintain their private lot. development rights, and direct funding in repairing heritage sites. King Yin Need for Sustainable Development Lane was saved this way when the In his Policy Address the Chief owner and the Government reached an Executive spelt out a policy statement understanding on 25 January 2008. The on heritage conservation which was owner will surrender the whole site to endorsed by the Executive Council Government after restoration and an in 2007. Increasingly, the public adjacent slope site of similar size will is concerned about the hidden be granted to the owner for the same environmental and social cost of development parameter of 0.5 plot ratio development. This is expressed in and maximum three storeys, see http:// outcries and sometimes by radical www.amo.gov.hk/en/news_20080711. actions taken by green groups, php. consumer advocates and political parties. Conservation and economic CURRENT CONTROL growth are not mutually exclusive and are in fact compatible with each ON PROPERTY other. The need is to strike the balance DEVELOPMENT AND ITS between preservation and development. EFFECT ON HERITAGE BUILDINGS Theoretical Basis Increasingly economic considerations The Harsh Reality Facing Owners are taking precedence over cultural, The harsh reality for cultural political, social and aesthetic values conservation is that the market demand when it comes to making decisions and for properties has been so intense that in allocating resources for conserving prime sites with development potential cultural heritage. This trend is occurring are very much sought after. As evident in many countries and often decisions in older areas like or about what and how to conserve are Wanchai, many pre-war buildings could strongly influenced by economic only provide low return for their owners considerations. The Getty Conservation because of their old age, functional Institute (GCI) of the United States obsolescence and rent control measures. has conducted in depth studies and In the meantime commercial retail attempted to bridge the gap between activities and large-space users had economic expansion and cultural expanded and moved to other popular conservation. The GCI invited various commercial areas. While government SBE prominent scholars to participate in their subsidies on repair and maintenance 40 research and published their findings in for private heritage buildings were Surveying and Built Environment Vol 19(1), 38-53 December 2008 ISSN 1816-9554 virtually unheard of until lately, there conditions form a solid base for land was little incentive for owners to hold related income to government. on to dilapidated or under-developed structures, which offered low income. Compensation to Owners of Declared Monument Buildings Existing Control Over Building The relevant Ordinance governing Development compensation for land resumption for The Planning Department, Lands conservation purposes is the Antiquities Department, and Building Department and Monuments Ordinance (Cap 53) are the key bodies that look after and enacted in 1976.3 Its main purpose maintain control on the real estate is to protect historic buildings and and building development relying, antiquities in Hong Kong. The spirit of respectively, on the Town Planning the Ordinance allows the authorities to Ordinance, the Government leases preserve significant historic structures and the Buildings Ordinance and for the public’s benefit and for the administrative Practice Notes (Lai, Ho enjoyment by future generations. and Leung 2004) . Frequently, when a site of historic It is worth mentioning that the interest is under threat or is about to be government has taken the view that demolished, the government announces terms of the Government leases can be in a Gazette n o t i c e a p r o p o s e d varied to allow changes in the use of monument status for the site. There land. This can be for a longer term in were two occasions when the proposed the form of lease modification or land monument status was used, firstly in exchange, or for a temporary basis the case of the in such as short-term waivers for minor 1986, and in the case of the Morrison changes of uses. These changes of lease Hall at Tuen Mun.4

Ohel Leah Synagogue Morrison Hall

Figure 1: Government declared a proposed monument status for both the Ohel Leah Synagogue and Morrison Hall in order to preserve the buildings. SBE Source: photo by Raymond Chan 41 Transfer of Development Rights Approach: Striking the Balance between Economic Development and Historic Preservation in Hong Kong Surveying and Built Environment Vol 19(1), 38-53 December 2008 ISSN 1816-9554

A Declaration of ‘proposed status’ is Hong Kong practiced some kind of valid for twelve months and may be transfer of development rights in the extended. However the affected owner form of land redemption certificates may object to the ‘proposed’ status. commonly known as Letters A and B If an objection fails, he can make an during the 1960s to 1980s. According appeal to the Chief Executive (CE). to the former Director of Lands, Bob The CE may direct the declaration to Pope,5 these redemption certificates stand, vary the declaration or withdraw were issued to fulfill the desire of the declaration altogether. The CE’s indigenous New Territories landowners decision is final and is not subject to for owning land. Pope argued that an review by the Court. attachment to the land was established long ago as the rural community had Currently there are over 80 declared by tradition made a living through monuments in Hong Kong http:// farming and were dependent on land to www.amo.gov.hk/en/monuments. survive. Major clans had owned land php, but because of the discretionary for generations and were influential compensation system, the Authority has in local politics, as such their co- issued declarations sparingly. However, operation was beneficial in new town extensive surveys for heritage buildings development and the government was have been conducted and a record of keen to appease them by offering two the locations of important heritage square feet of building land in exchange buildings is kept by the Authority. In for five square feet of agricultural land 2007 the Government listed nearly 500 resumed. Building land surrendered buildings in Hong Kong as historical was exchanged on a foot for foot basis. buildings, but King Yin Lane was not on the list. In the final phase of operating Letters A and B, the government was concerned that there was insufficient land for CONDITIONS FOR redemption by certificate holders. APPLYING THE TRANSFER The issuance of Letters A and B OF DEVELOPMENT came to a halt in the early 1980s. A RIGHTS IN HONG KONG flexible approach was made and the government allowed Letters A and B In order to make the TDR a success in to be used as cash in land premium Hong Kong, it is necessary to establish payment, rates and government rent. In an efficient, open, fair and transparent the mid- to late-1980s, most remaining system so that there is clarity and a Letters A and B ended up in the hands reasonable procedure for the public of major developers like Henderson to follow. The Hong Kong experience and Chinachem. They were allowed and additional control mechanisms to bid for prime sites in the new town required for implementing the TDR are areas such as sites near the Shatin considered here. Race Course. Huge profits were made SBE following the soaring property prices, 42 Lessons from Letters A and B and developers were able to move Surveying and Built Environment Vol 19(1), 38-53 December 2008 ISSN 1816-9554

Figure 2: Large amounts of rural lands were resumed using Letters A and B. These agricultural lands were turned into developable land thus making room for massive housing projects and the construction of railway lines. The above shows a traditional Chinese pagoda at Ping Shan in the foreground and public housing estates in Tin Shui Wai. Source: Photo by Raymond Chan these remote rural development rights thus transferring development rights around without much restriction. Lai across districts. Because of this measure (2002) believed that as well as opening the government was able to assemble up new development areas in the land and to complete important New Territories without offending the infrastructure projects with minimal indigenous villages, the certificates of administrative cost or use of public land entitlements method also promoted funds. urban renewal in the old urban areas, and hence more balanced development Additional Requirements for in the core and peripheral areas. Implementing the TDR Costonis (1974) mentioned a number One could argue that the Letters A and of requirements in order to facilitate B system had taken a different role from implementing the TDR, and in the its original purpose and became a form context of Hong Kong the following are of TDR. In most cases the original rural suggested: sites being compulsorily acquired were in places like Yuen Long, Tuen Mun and Designation of TDR Transfer Districts Taipo. Through trading, the passage of A TDR Transfer District is an area or time and eventual redemption, building boundary within which development land lots were granted to developers in rights can be transferred. In order to SBE places such as Tsuen Wan and Shatin allow easy TDR trading and treating 43 Transfer of Development Rights Approach: Striking the Balance between Economic Development and Historic Preservation in Hong Kong Surveying and Built Environment Vol 19(1), 38-53 December 2008 ISSN 1816-9554

them like ordinary daily sale of reporting for heritage assessment and properties, it is suggested that TDR TDR purposes. sales could commence from trading of rights between similar land lots within Valuation for Transfer of Development the same district. For instance, property Rights rights of commercial/residential zoned It is suggested that the valuation of sites in an area like Wanchai can be Development Rights should be made traded within Wanchai. on a basis similar to resumption of land by the government. This should A TDR transfer district boundary for an enable easy administration and urban area of Hong Kong should adopt allow officials to follow precedents and follow existing Outline Zoning established in similar situations. In Plan boundaries. The advantage in fact, the Lands Tribunal has been using OZP Plans is that most land use operating successfully for many years, zoning restrictions are well defined and and over the years, a large number of their density control specified. With precedent cases have been built up these Transfer District Boundaries in for assessing compensation for land place, further analysis can be made development rights. Such experience is to ensure that the first transfers could crucial in formulating a solid base for take place between sites of similar quantifying and assessing the transfer zoning restrictions, characteristics and of development rights in Hong Kong. land value in order to smooth the way forward. As in most land resumption cases, the main principle for assessing Heritage Assessment Certification land compensation is based on A comprehensive survey check list the differences in the open market for heritage properties including value before and after a declaration confirmation of title ownership, of resumption. This involves the formulation of statements of assessment of existing land-use value significance, existing use value, against possible value after lease potential development value, layout modification or change in permissible plans, structural defects, unique repair density and uses. problems and remedies required can be prepared prior to conferring the Accepted Lands Tribunal valuation TDR status. Such a comprehensive methods include a ‘comparative survey certification process is needed method’, ‘residual valuation’, to establish a base line for quantifying ‘investment method’, ‘contractor’s the TDR values for heritage structures method’ and ‘profits method’. Of and for determining possible remaining these, the ‘comparative method’ is surplus development right values widely used and preferred by the Lands available for a property. Hong Kong has Tribunal. a sizable pool of building professionals SBE and consultants, and their talents can be Possible Legal Instrument for the TDR 44 used in formulating a high standard of There are cases where a successful Surveying and Built Environment Vol 19(1), 38-53 December 2008 ISSN 1816-9554 application of the TDR principle has The surplus development rights were been achieved, for example, in the case put to proper uses. If the office lot of the redevelopment of the Hoover (Paliburg Plaza) were to be redeveloped, Theatre into the Paliburg Plaza and its maximum plot ratio permitted would Regal Hotel at the junction of Yee Woo be equivalent to its existing bulk. Street and Pennington Street, Causeway Bay. As regards enforcement of the TDR in Hong Kong, instruments such as These adjoining sites comprise two restrictive covenants can be used. As plots of land, and the developer has in the case of the Paliburg Plaza and transferred surplus plot ratio from the the Regal Hotel, a restrictive covenant office tower portion onto the hotel site. was executed between the parties and This arrangement proved beneficial as registered at the Land Registry. The the hotel portion is extremely profitable. document stated clearly the transfer

Paliburg Plaza – sending site

Regal Hotel – receiving site

Figure 3: Paliburg Plaza as shown colored red has transferred its surplus plot ratio to adjoining Regal Hotel shown colored blue. This has resulted in increased floor area at the hotel than what would have been permitted under SBE existing Building (Planning) Regulations. 45 Transfer of Development Rights Approach: Striking the Balance between Economic Development and Historic Preservation in Hong Kong Surveying and Built Environment Vol 19(1), 38-53 December 2008 ISSN 1816-9554

Ground Floor,

1 Queen’s Rd C

Figure 4: Ground level of the HSCB Bank Main Building at 1 Queen’s Road C. The creation of the plaza at ground level has resulted in an increased plot ratio for the building by 20 % (Lambot & Chamber, 1986).

of rights between the lots and the compensated in having a higher density permanent diminution of development than would normally be permitted. rights on the sending lot. For example, in the case of the HSBC Tower at 1 Queen’s Road Central, Incentive Zoning and Bonus Plot Ratio where the ground level is used for One important building planning public passage, in exchange the Bank control concept is incentive zoning, was allowed additional floor spaces in better known in Hong Kong as bonus the upper floor office portion. plot ratio, which is related to the TDR. New developments bring about higher There is a limit to the extent of the density, increased traffic flow and permissible bonus. By a rule of thumb, generally impose additional burdens the dedication of one square foot of on existing infrastructure. In order to ground floor space will gain five square ease congestion, additional open spaces feet at the upper floor level in Hong or public amenity areas are needed. Kong.6 The intention is to compensate The authorities have been encouraging owners with an equivalent amount developers to provide these amenities of space for his effort, so that he is by granting them bonus plot ratio. The not better or worse off than before. intention is to encourage the developer Granting of a bonus plot ratio is the to dedicate part of his site for public prerogative of the government and it is SBE 7 46 amenity purposes. In return he is not a compulsory act. Surveying and Built Environment Vol 19(1), 38-53 December 2008 ISSN 1816-9554

Summary not all heritage sites have the benefit Hong Kong has a well-defined of being next to another lot ready for Buildings Ordinance; an established development. Many of the heritage outline zoning plan system under the sites are surrounded by buildings of Town Planning Ordinance stating the different ages or held under fragmented specific density permissible in most ownership. As developers have no urban areas or districts; an efficient obligation to consider preservation bureaucratic framework for land as a compulsory step in building plan administration and registration, and a submission, they forego conservation well-established legal and court system opportunities when it seems convenient. for land compensation cases. Therefore Therefore matching suitable transfer it is well equipped to launch the TDR. sites can be difficult. For this reason a limited number of contiguous site The real estate industry is accustomed transfers have taken place. to the planning regime and regulatory controls. With the help of the anti- Completed TDR for Adjoining Sites corruption agency there are limited The case of Tai Fu Tai8 is one example cases of official impropriety. This has of the TDR of contiguous sites. Tai Fu helped to lay the ground for launching Tai is a grand, official mansion built the TDR. by Man Chung-luen in 1865 at San Tin, Yuen Long. Lengthy negotiations Hong Kong’s law courts are well between the owners and the government experienced in dealing with claims took place and in exchange for or counter claims in land-related preserving the site, the government court cases, and precedents for land agreed to exchange land at an adjoining resumption, compensation valuation lot, allowing it to be developed for and related decisions are plentiful. We residential use. Tai Fu Tai was restored have a solid judicial system that is well in 1986 and was hailed as a major accustomed to offer fair compensation success for heritage conservation at the for cases involving land interest time. The adjoining site is now used as disputes. The TDR can be easily a low-rise residential housing project. accommodated in the Lands Tribunal, District Court or Court of Appeal The other well-known case is the situations. Ohel Leah Synagogue9 in Robinson Road, Mid-Levels. In the case of the EXAMPLES OF Synagogue conservation, transfer of development rights for adjoining sites COMPLETED TDR CASES took place. In this case the developer, IN HONG KONG Swire, joined with the Synagogue and used its surplus plot ratio to develop Transfer of Development Rights for a twin residential tower block on an Adjoining Sites adjoining site. The development is a This type of TDR sites must be commercial success as it has achieved SBE contiguous or next to each other. But a successful transfer of development 47 Transfer of Development Rights Approach: Striking the Balance between Economic Development and Historic Preservation in Hong Kong Surveying and Built Environment Vol 19(1), 38-53 December 2008 ISSN 1816-9554

Figure 5: Tai Fu Tai is an example of adjoining site TDR, the dotted line area behind Tai Fu Tai mansion is developed into a residential complex using government land in exchange for conservation of the grand mansion. Source: map from www.centanet.com and photo by Raymond Chan

rights between sites and the developer practice outside Hong Kong. In the was rewarded with a handsome profit. United States, the technique has been in use since the 1970s and improved Transfer of Development Rights for versions are now used in preserving Non-Contiguous Sites important heritage buildings and land Like the TDR at adjoining sites, TDR resources such as farmland, rain forest, for non-contiguous sites is a common dessert, swamp, and areas of special

The towering block that overshadows the synagogue has created a Grand Canyon effect on the surrounding area

Before and after

development

Figure 6: Plan of the Synagogue and Robinson Place (McDougall & Pettman, SBE 2000) 48 Source: photo from Swire Group Annual Report Surveying and Built Environment Vol 19(1), 38-53 December 2008 ISSN 1816-9554 scientific interest (Pruetz, 2003). In they are needed. In the case of Hong Canada and Australia, owners of non- Kong we propose that the surplus contiguous sites can sell their unused development rights could go to other development rights in return for cash to sites within the same Transfer District. refurbish or preserve heritage buildings. Surplus development rights could be traded and travel to other sites Similarly, non-contiguous site transfer elsewhere, and not be restricted to an allows development rights to move adjoining plot. from a sending lot and go where

The landmark building (A) utilizes only a fraction of the development rights of the site, the remainder of which (B) are transferred to various other sites within a transfer district and appears as additional bulk (C) on neighboring buildings

Figure 7: TDR for non-contiguous sites

Another possibility in Hong Kong create new ones. When additional is to allow redistribution of surplus bonus development rights are awarded development rights to different parts to owners, it is in essence creating of a TDR Transfer District in contrast additional spaces above what was to confining all transfer on to a single originally planned within an area. receiving site. The difference between But the non-contiguous TDR simply non-contiguous transfers against bonus redistributes and does not disturb plot ratio is that it aims to redistribute existing density or upset infrastructure permissible development rights limits. SBE designed within a district and not to 49 Transfer of Development Rights Approach: Striking the Balance between Economic Development and Historic Preservation in Hong Kong Surveying and Built Environment Vol 19(1), 38-53 December 2008 ISSN 1816-9554

CONCLUSION redevelopment potential from heritage sites can be turned into a useful asset for Heritage buildings can be considered both the property owner and a benefit as a form of public goods in that no for the public. Bold steps put forward one can be excluded from enjoying by the then Secretary for Planning and them. Government intervention in these Lands, Mr John Tsang, back in 2001 areas could be in the form of funding, should be in place so that the TDR in regulating and administration of could work, namely: these services. While competition for To designate heritage areas instead of public resources by different interest just individual historical buildings; groups, lobbies and different agencies To transfer GFA credits from a is relentless, the TDR permits the sending site to a receiving site that are tapping of an important resource within not contiguous; and the heritage building stocks. Generating To relax the maximum plot ratios funds from heritage buildings through and site coverage permissible under the the application of the TDR can Building (Planning) Regulations and allow money to be expended for on- the statutory town plans.10 going maintenance and repair. The involvement of private property owners With the proactive steps taken by the is essential, as they also hold the key Development Bureau in trying hard to to the success of the TDR. However, preserve such historic buildings as King the government should take the lead Yin Lane and the on Pokfulam in conservation and implementation of Road, there is some light at the end of the TDR in forming bodies like a Land the tunnel. As the Chief Executive put it Development Rights Bank. in his Policy Address 2007: ‘I can assure you that we are adopting a very positive If the TDR is in place, heritage-building attitude towards heritage conservation. restoration could be self-financed and We feel that the time really has come these restored buildings could continue for us to treasure the sense of place, the to generate a reasonable economic sense of identity that this generation has return. Thus the TDR could help to shift developed and attached to Hong Kong’s the attitude of favoring redevelopment cultural history and the past so that and allow owners of old buildings to we have a story to tell for our future have an option in restoration. These generations’.11 incentives could change the public perception of heritage conservation. ACKNOWLEDGEMENT Developers would think more carefully whether there can be profit from The contributions by Mr Raymond restoration. Redevelopment need not be Chan to this paper are gratefully the only profitable option. acknowledged here, and so are the comments by the anonymous referees Local heritage conservation will gain of the Surveying and Built Environment more if consideration can be given SBE Journal. 50 to including the TDR, so that the Surveying and Built Environment Vol 19(1), 38-53 December 2008 ISSN 1816-9554

NOTES the Antiquities and Monuments Ordinance, Cap 53, decided to declare the Morrison Building in , Tuen 1. According to the booklet on relics and Mun, a Proposed Monument with effect historic buildings published by the Wanchai from 11 April 2003. The declaration, which District Council in 1992, the Lee Theatre on was published in the Gazette on 11 April Leighton Road was built by the Lee Hysan 2003, would have effect for twelve months. Family in 1925. The theatre was famous for This gave the historical building temporary its revolving stage where both traditional statutory protection from demolition to enable Chinese and Western opera and dance were the Government to negotiate with the owner performed. Most of the time movies were to reach a consensus on its preservation. shown here. It has been redeveloped into a 22 storey shopping arcade with a total of 5. Bob Pope, former Lands Department 313,770 sq ft gross floor area. The podium Director, wrote an article for the Hong and its basement have been used as a gym Kong Institute of Surveyors Journal in 1984 and department store, and its upper floor explaining the origin and structure of Letters comprises a cinema, furniture showroom, A and B. health club, shopping spaces and restaurants. 6. The current Building Ordinance permits 2. In late 1997, the Getty Conservation Institute additional plot ratio and site coverage where (GCI) began development of a multi-year part of a site has to be surrendered, or is inquiry to explore the values and benefits of resumed, for street widening purposes, or cultural heritage conservation. The findings where land at ground-floor level is retained of their meeting in California were published by the owner but dedicated to the public use. in a series of papers and publications by the Where land is surrendered, the plot may be GCI in 1998. increased by a. 20 % or, 3. Under the Antiquities and Monuments b. 5 x area of land acquired / area of site Ordinance (Cap 53), ‘Antiquities’ means – left which ever is less. (a) a relic and (b) a place, building, site or structure 7. Gordon Cruden was the President of the erected, formed or built by human Lands Tribunal, Hong Kong and wrote agency before the year 1800 and the extensively on the subject of land law. He ruins or remains of any such place, mentioned that the granting of an additional building site or structure, whether or not plot ratio to a developer is not compulsory the same has been modified, added to or and the authority may decide against the restored after the year 1799; granting of an additional plot ratio if it ‘Monument’ means a place, building considers such a decision is in public’s site or structure, which is declared to interest (Cruden, 1999). be a monument, historical building or archaeological or palaeontological site or 8. Tai Fu Tai was an elegant mansion built structure under Section 3. as a residence in the 4th year of Tongzhi The Ordinance extends to antiquities and (1865) of the Qing dynasty by Man Chung- monuments on ‘private land’ which includes luen whose ancestors settled in San Tin in land held under a lease, agreement for lease, the 15th century. The building is considered tenancy, licence permit, deed or other valid one of the most beautifully embellished title from government. The Ordinance is traditional Chinese buildings in Hong Kong administered by the Secretary of Home and is renowned for its fine architectural Affairs and for the purpose of the Ordinance decorations. ‘The Governor in Council is referred to as the ‘Authority’. approved the declaration of Tai Fu Tai on 28 January 1986 and it was formally 4. The Secretary for Home Affairs, in his gazetted as a historic building on 10 July SBE capacity as the Antiquities Authority under 51 Transfer of Development Rights Approach: Striking the Balance between Economic Development and Historic Preservation in Hong Kong Surveying and Built Environment Vol 19(1), 38-53 December 2008 ISSN 1816-9554

1987 upon the conclusion of negotiations to Hong Kong Government (1986/87), transfer development rights of the plot to an Report of the Antiquities Advisory alternative site’. Antiquities Advisory Board Report (1986 & 1987, p.10) Board, Hong Kong Government, Hong Kong. 9. The Ohel Leah Synagogue was built in 1902 by a banker, Sir Jacob E. Sassoon, Hong Kong Government (1992), in memory of his mother, Mrs Leah E. Wanchai District Its Relics and Sassoon. It is a two storeyed Eastern Jewish- styled building. It was restored in 1998. The Legends. Wanchai District Board: Hong restoration project obtained the Outstanding Kong. Project Award of UNESCO Asia-Pacific Heritage 2000 Awards for Cultural Heritage Lai, WCL (2000), ‘Housing indigenous Conservation. villagers in a modern society: an 10. A speech on the transfer of development examination of the Hong Kong small rights delivered by the Secretary for house policy’, Third World Planning Planning and Lands, Mr John C Tsang, at Review, 22(2), 207-230. the annual general meeting of the Hong Kong Institute of Architects on December Lai WCL (2002), ‘Planning and 18, 2001. http://www.info.gov.hk/gia/ general/200112/18/1218098.htm Property Rights in Hong Kong under Constitutional Capitalism’, 11. ‘Conserving Hong Kong’s Heritage’, a speech International Planning Studies, 7(3), delivered by Mrs Carrie Lam, Secretary for 213-225. Development, to the Hong Kong Democratic Foundation on 10 December 2007. http:// www.hkdf.org/newsarticles.asp?show=newsa Lai WCL, Ho CWD and Leung HF rticles&newsarticle=208 (2004), Change in Use of Land: a Practical Guide to Development in Hong Kong. Hong Kong University REFERENCES Press, Hong Kong.

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