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HKIS LSD APC Part I Written Assessment study materials
HKIS LSD APC Part I Written Assessment study resources

HKIS LSD APC Part I Written Assessment practice questions

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Question 1Professional practice, ethics and the role of the Authorized Person (Surveying)

Under the Buildings Ordinance (Cap. 123), which person is responsible for preparing and signing the general building plans submitted to the Building Authority for a new development in Hong Kong?

  1. The registered geotechnical engineer for the site formation
  2. The registered contractor awarded the construction contract
  3. The registered structural engineer appointed for the project
  4. The Authorized Person appointed for the building works Correct answer.

Explanation

General building plans must be prepared and signed by the Authorized Person appointed for the works, who coordinates the submission and certifies compliance with the Ordinance and allied regulations. The other registered professionals sign only the plans within their own discipline, such as structural or geotechnical submissions.

Question 2Professional practice, ethics and the role of the Authorized Person (Surveying)

Which body administers the registration of Authorized Persons, Registered Structural Engineers and Registered Geotechnical Engineers in Hong Kong?

  1. The Hong Kong Institute of Surveyors
  2. The Buildings Department on behalf of the Building Authority Correct answer.
  3. The Architects Registration Board
  4. The Construction Industry Council

Explanation

Registration under the Buildings Ordinance is administered through the Buildings Department, which acts for the Building Authority in processing applications and maintaining the registers. Professional institutes and other boards do not hold the statutory registers created by the Ordinance.

Question 3Professional practice, ethics and the role of the Authorized Person (Surveying)

An Authorized Person discovers that a client intends to commence foundation works before the Building Authority has approved the plans. What is the AP's proper professional response?

  1. Proceed because foundation works are exempt from plan approval
  2. Decline to certify or supervise the unauthorised works and advise the client of the statutory prohibition Correct answer.
  3. Refer the matter to the contractor and continue as appointed
  4. Supervise the works but record the lack of approval in the site diary

Explanation

Building works require prior approval and consent from the Building Authority, and an AP must not lend professional legitimacy to works commenced without them. The AP should refuse to supervise or certify such works and clearly advise the client of the legal consequences.

Question 4Professional practice, ethics and the role of the Authorized Person (Surveying)

Which statement best describes the AP's supervisory duty during construction under the Buildings Ordinance?

  1. The AP may delegate all site supervision to the contractor's site agent
  2. The AP's duty is limited to checking the contractor's payment claims
  3. The AP must supervise to ensure the works are carried out in accordance with the approved plans and the Ordinance Correct answer.
  4. The AP need only visit the site when the contractor requests an inspection

Explanation

The Ordinance imposes a continuing duty on the AP to supervise building works so that they comply with approved plans and the statutory requirements. Supervision cannot be transferred wholesale to the contractor, whose role is to execute the works.

Question 5Professional practice, ethics and the role of the Authorized Person (Surveying)

A developer asks an AP to sign plans that the AP has not personally checked, on the assurance that another consultant verified them. How should the AP act?

  1. Refuse all involvement and withdraw from the appointment immediately
  2. Ask the contractor to countersign the plans as confirmation
  3. Sign only after personally satisfying himself or herself that the plans are correct and compliant Correct answer.
  4. Sign the plans and note reliance on the other consultant in the submission

Explanation

Signing plans is a personal professional certification, and the AP must have actually reviewed and be satisfied with their correctness and compliance. Reliance on unverified assurances, or shifting responsibility to a contractor, is inconsistent with that duty.

Question 6Professional practice, ethics and the role of the Authorized Person (Surveying)

What is the primary purpose of the code of practice published by the Building Authority for use by Authorized Persons?

  1. To replace the regulations with legally binding technical standards
  2. To provide practical guidance on achieving compliance with the Ordinance and its regulations Correct answer.
  3. To set the fee scale for professional services
  4. To govern disciplinary proceedings against contractors

Explanation

Codes of practice issued by the Building Authority give practical guidance on how to comply with statutory requirements and are relevant in assessing whether works meet the Ordinance. They do not replace the regulations or set professional fees.

Question 7Professional practice, ethics and the role of the Authorized Person (Surveying)

An AP is offered a success fee by a client that will be paid only if the Building Authority approves the plans without amendment. What is the principal ethical concern?

  1. The arrangement is acceptable because approval is the client's goal
  2. The fee is objectionable because contingency fees are always illegal
  3. The arrangement is acceptable if disclosed to the contractor
  4. The arrangement may compromise the AP's independent professional judgement Correct answer.

Explanation

Fees tied to a regulatory outcome can pressure an AP to compromise independent judgement or to press for approval in ways that conflict with professional obligations. Independence and objectivity must not be subordinated to a financial incentive.

Question 8Professional practice, ethics and the role of the Authorized Person (Surveying)

Which of the following best describes the AP's role in relation to occupation permits for a completed new building?

  1. The AP has no role once the superstructure is complete
  2. The AP issues the occupation permit directly to the owner
  3. The AP applies for and helps demonstrate that the building is fit for occupation Correct answer.
  4. The AP's role is limited to collecting the permit fee

Explanation

The AP is responsible for applying for an occupation permit and for showing the Building Authority that the completed works comply and the building is fit for occupation. The permit itself is issued by the Building Authority, not by the AP.

Question 9Professional practice, ethics and the role of the Authorized Person (Surveying)

An AP is asked to take on a project where the previous AP resigned after disagreements over structural adequacy. What is the most appropriate first step?

  1. Accept the appointment and rely on the contractor's assurance that the works are sound
  2. Decline the appointment because a change of AP is not permitted
  3. Obtain and review the previous AP's records and satisfy himself or herself of the works' compliance before accepting Correct answer.
  4. Report the previous AP to the Building Authority before reviewing any documents

Explanation

A successor AP must establish the state of the works and the adequacy of prior supervision before taking responsibility. Reviewing the former AP's records and site information is the proper basis for accepting the appointment.

Question 10Professional practice, ethics and the role of the Authorized Person (Surveying)

Which duty does an AP owe when certifying that works have been completed in accordance with approved plans?

  1. A duty to certify honestly and only on the basis of adequate inspection and evidence Correct answer.
  2. A duty to certify promptly whenever the contractor requests payment
  3. A duty to certify only after the occupation permit is issued
  4. A duty to certify based solely on the developer's written confirmation

Explanation

Certification is a professional statement that must rest on the AP's own inspection and adequate evidence, made honestly and without pressure. It cannot be reduced to a routine response to payment requests or the client's word.

Question 11Professional practice, ethics and the role of the Authorized Person (Surveying)

What is the effect of an AP allowing his or her professional indemnity insurance to lapse while continuing in private practice?

  1. It has no consequence because liability rests solely with the contractor
  2. It automatically suspends the AP's statutory registration
  3. It transfers the AP's liability to the client
  4. It exposes the AP to uninsured liability and may breach professional and contractual requirements Correct answer.

Explanation

Professional indemnity cover protects against claims for professional negligence, and practising without it leaves the AP personally exposed and may breach appointment terms or institute requirements. It does not shift liability to others or automatically cancel registration.

Question 12Professional practice, ethics and the role of the Authorized Person (Surveying)

An AP is also a shareholder in the contracting company tendering for the same project. What is the appropriate course of action?

  1. Declare the interest and decline involvement in assessing or certifying that contractor's work Correct answer.
  2. Resign from the contracting company only after the contract is awarded
  3. Keep the interest confidential because it is a private financial matter
  4. Declare the interest and continue with all duties as normal

Explanation

A direct financial interest in a tendering contractor creates a clear conflict with the AP's independent certification and supervision role. The AP should disclose the interest and step back from decisions affecting that contractor.

Question 13Professional practice, ethics and the role of the Authorized Person (Surveying)

Which statement correctly describes the relationship between an AP and a Registered Structural Engineer on a project requiring structural submission?

  1. Each is separately responsible for the plans and works within their own discipline Correct answer.
  2. The AP and RSE share a single indivisible certification duty
  3. The AP is responsible for the RSE's structural design and certification
  4. The RSE reports to the contractor on all design matters

Explanation

The Ordinance creates distinct statutory roles: the AP coordinates and supervises generally, while the RSE is responsible for structural design and its certification. Each professional remains accountable for his or her own scope.

Question 14Professional practice, ethics and the role of the Authorized Person (Surveying)

An AP is instructed by a client to omit a required fire-safety provision to reduce cost. The AP believes the omission would breach the regulations. What should the AP do?

  1. Refer the instruction to the RSE and proceed as directed
  2. Make the omission and rely on the contractor to raise it later
  3. Refuse to make the omission and explain the regulatory requirement to the client Correct answer.
  4. Include the omission but note the client's instruction in the file

Explanation

An AP cannot certify or supervise works known to contravene statutory requirements, whatever the client's cost objectives. The proper response is to refuse the instruction and advise the client of the applicable requirement.

Question 15Professional practice, ethics and the role of the Authorized Person (Surveying)

What does the term 'prescribed building professional' refer to in the context of Hong Kong building control?

  1. Any consultant engaged by a developer on a private project
  2. A professional whose registration is required by the Ordinance for particular building works Correct answer.
  3. An officer employed by the Building Authority
  4. A contractor registered to carry out general building works

Explanation

The term identifies the registered professionals, such as APs, RSEs and RGEs, whose involvement the Ordinance prescribes for defined categories of building works. It does not refer to unregistered consultants, contractors or Authority staff.

Question 16Professional practice, ethics and the role of the Authorized Person (Surveying)

An AP is asked to supervise works on a site where the contractor proposes a method that the AP considers unsafe but which is not expressly prohibited by the approved plans. How should the AP proceed?

  1. Leave the decision entirely to the contractor's safety officer
  2. Allow the method because it is not expressly prohibited by the plans
  3. Require a safe method and withhold endorsement of the unsafe proposal Correct answer.
  4. Approve the method and record the AP's reservations in the diary

Explanation

Compliance with approved plans is a minimum, not a licence to accept unsafe methods; the AP must exercise professional judgement on safety and refuse to endorse unsafe proposals. Safety responsibility cannot be passed wholly to the contractor's staff.

Question 17Professional practice, ethics and the role of the Authorized Person (Surveying)

Which of the following is the most accurate description of the AP's duty when amending approved plans after construction has started?

  1. Implement the changes on site and inform the Building Authority afterwards
  2. Implement the changes if the contractor agrees they are minor
  3. Implement the changes and record them only in the completion certificate
  4. Submit the amendments for approval and ensure works follow the approved revised plans Correct answer.

Explanation

Amendments to approved plans must themselves be submitted and approved before the affected works proceed, and the AP must ensure the works follow the approved revision. Proceeding first and notifying later defeats the statutory approval system.

Question 18Professional practice, ethics and the role of the Authorized Person (Surveying)

An AP is invited to sit on a selection panel for a contractor tender while the AP's firm is also bidding for the consultancy. What is the appropriate action?

  1. Accept the role because consultancy and contracting are separate markets
  2. Decline the panel role because of the conflict between the two roles Correct answer.
  3. Accept the role and abstain only when the AP's own firm is discussed
  4. Accept the role and disclose the interest after the tender closes

Explanation

Sitting on a panel that selects contractors while the AP's firm competes for related work creates a conflict that abstention on one item may not cure. Declining the role avoids both actual and perceived partiality.

Question 19Professional practice, ethics and the role of the Authorized Person (Surveying)

What is the significance of the AP's signature on a certificate of completion of building works?

  1. It guarantees the building will be free of defects for a fixed period
  2. It is a professional statement that the works comply with the Ordinance and approved plans Correct answer.
  3. It replaces the need for a separate occupation permit
  4. It transfers ownership of the building to the purchaser

Explanation

The certificate is a professional certification of compliance with the Ordinance and approved plans, on which the Building Authority and others rely. It is not a conveyance, a defect warranty or a substitute for the occupation permit.

Question 20Professional practice, ethics and the role of the Authorized Person (Surveying)

An AP learns that a junior member of staff has been signing site inspection records on the AP's behalf without the AP's knowledge. What is the most appropriate response?

  1. Stop the practice, review the affected records and re-inspect where necessary Correct answer.
  2. Allow the practice to continue provided the staff member is qualified
  3. Ignore the matter because the AP remains formally responsible
  4. Report the staff member to the contractor and take no further action

Explanation

Inspection records support the AP's certification and must reflect genuine inspections by authorised persons; unauthorised signing undermines their integrity. The AP should halt the practice, review the records and re-inspect where the evidence is unreliable.

Question 21Statutory framework: Buildings Ordinance, Lands Ordinance and related Hong Kong legislation

Under the Buildings Ordinance (Cap 123), which body is the principal authority responsible for administering the Ordinance and enforcing its provisions?

  1. The Town Planning Board under the Town Planning Ordinance
  2. The Housing Authority under the Housing Ordinance
  3. The Buildings Department under the Building Authority Correct answer.
  4. The Lands Department under the Director of Lands

Explanation

The Buildings Ordinance establishes the Building Authority, an office held by the Director of Buildings, who administers the Ordinance through the Buildings Department. The Director of Lands, the Housing Authority and the Town Planning Board derive their powers from different ordinances and do not enforce building control.

Question 22Statutory framework: Buildings Ordinance, Lands Ordinance and related Hong Kong legislation

Which legislation principally governs the grant, registration and control of Government land leases and land registration in Hong Kong?

  1. The Buildings Ordinance (Cap 123)
  2. The Lands Ordinance (Cap 28) and the Land Registration Ordinance (Cap 128) Correct answer.
  3. The Housing Ordinance (Cap 283)
  4. The Town Planning Ordinance (Cap 131)

Explanation

The Lands Ordinance and the Land Registration Ordinance together form the core statutory framework for land grants and registration of instruments affecting land. The Buildings Ordinance deals with construction control, while the Town Planning Ordinance and Housing Ordinance address zoning and public housing respectively.

Question 23Statutory framework: Buildings Ordinance, Lands Ordinance and related Hong Kong legislation

A developer proposes to erect a new building. Under the Buildings Ordinance, which document must generally be submitted to and approved by the Building Authority before building works may commence?

  1. A certificate of compliance with the lease
  2. A provisional occupation permit
  3. A plan of subdivision
  4. Building plans together with an application for approval Correct answer.

Explanation

Section 14 of the Buildings Ordinance requires that plans of proposed building works be submitted to the Building Authority for approval before works commence. Occupation permits relate to completion, plans of subdivision arise under other controls, and lease compliance is a Lands Department matter.

Question 24Statutory framework: Buildings Ordinance, Lands Ordinance and related Hong Kong legislation

Under the Buildings Ordinance, what is the primary purpose of a permit to commence building works issued by the Building Authority?

  1. To authorise the carrying out of building works in accordance with approved plans Correct answer.
  2. To transfer ownership of the development site
  3. To confirm that lease conditions have been satisfied
  4. To certify that the building is fit for occupation

Explanation

A permit to commence works authorises the actual carrying out of building works consistent with approved plans and conditions. Fitness for occupation is certified by an occupation permit, while ownership and lease compliance are separate land matters.

Question 25Statutory framework: Buildings Ordinance, Lands Ordinance and related Hong Kong legislation

An owner wishes to demolish an existing structure. Under the Buildings Ordinance, demolition works are treated as:

  1. land clearing governed solely by the Lands Ordinance
  2. minor works exempt from all statutory control
  3. maintenance works outside the scope of the Buildings Ordinance
  4. building works requiring the same statutory controls as erection Correct answer.

Explanation

The definition of building works in the Buildings Ordinance includes demolition, so demolition requires plan approval and a permit in the same way as erection. It is not exempt, not a purely land matter, and not excluded as maintenance.

Question 26Statutory framework: Buildings Ordinance, Lands Ordinance and related Hong Kong legislation

What is the principal function of an occupation permit issued under the Buildings Ordinance?

  1. To grant planning permission for the use
  2. To register the building in the Land Registry
  3. To certify that the building is suitable for occupation Correct answer.
  4. To authorise commencement of foundation works

Explanation

An occupation permit certifies that completed building works are fit for occupation, allowing lawful use of the building. Foundation works are authorised by a commencement permit, planning permission comes from the Town Planning Board, and registration is a Land Registry function.

Question 27Statutory framework: Buildings Ordinance, Lands Ordinance and related Hong Kong legislation

Which ordinance establishes the statutory planning system, including preparation of outline zoning plans and control of development in designated areas?

  1. The Town Planning Ordinance (Cap 131) Correct answer.
  2. The Buildings Ordinance (Cap 123)
  3. The Land Registration Ordinance (Cap 128)
  4. The Lands Ordinance (Cap 28)

Explanation

The Town Planning Ordinance establishes the Town Planning Board and the statutory plan system, including outline zoning plans. The other ordinances address building control, land grants and registration respectively.

Question 28Statutory framework: Buildings Ordinance, Lands Ordinance and related Hong Kong legislation

An authorised person discovers that approved plans have been departed from during construction. Under the Buildings Ordinance, the Building Authority may take which action?

  1. Automatically revoke the land lease
  2. Transfer the site to the Housing Authority
  3. Serve a notice requiring rectification or removal of the unauthorised works Correct answer.
  4. Cancel the developer's business registration

Explanation

The Building Authority has powers to require rectification, removal or stopping of works that deviate from approved plans. Revoking leases, transferring sites and cancelling business registration fall outside the Buildings Ordinance.

Question 29Statutory framework: Buildings Ordinance, Lands Ordinance and related Hong Kong legislation

What is the role of a registered structural engineer under the Buildings Ordinance?

  1. To design and supervise structural elements of building works within the statutory regime Correct answer.
  2. To approve outline zoning plans
  3. To certify land title for the developer
  4. To issue occupation permits on behalf of the Building Authority

Explanation

Registered structural engineers are part of the statutory professional regime for designing and supervising structural works. They do not certify title, issue occupation permits or approve plans, which are functions of the Building Authority and the Town Planning Board.

Question 30Statutory framework: Buildings Ordinance, Lands Ordinance and related Hong Kong legislation

Which of the following best describes the effect of the Land Registration Ordinance on instruments affecting land?

  1. It empowers the Town Planning Board to rezone land
  2. It authorises the Building Authority to approve building plans
  3. It sets structural design standards for buildings
  4. It provides for registration of instruments so that priority may be determined Correct answer.

Explanation

The Land Registration Ordinance establishes a system for registering instruments affecting land, which is relevant to determining priority between competing interests. Plan approval, rezoning and structural standards belong to other ordinances.

Question 31Statutory framework: Buildings Ordinance, Lands Ordinance and related Hong Kong legislation

Under the Buildings Ordinance, who may be appointed as an authorised person to supervise building works?

  1. A person registered as an authorised person under the Ordinance Correct answer.
  2. Any registered contractor
  3. Any licensed estate agent
  4. Any director of the developer company

Explanation

The Ordinance requires supervision by a person registered as an authorised person, typically an architect or engineer on the relevant register. Contractors, company directors and estate agents do not automatically hold that statutory status.

Question 32Statutory framework: Buildings Ordinance, Lands Ordinance and related Hong Kong legislation

A building owner receives a statutory order requiring removal of an unauthorised structure. If the owner fails to comply, the Building Authority may:

  1. suspend the owner's business registration
  2. confiscate the owner's other properties without notice
  3. carry out the works in default and recover the cost from the owner Correct answer.
  4. refer the matter to the Town Planning Board for rezoning

Explanation

Where a statutory order is not complied with, the Building Authority may execute the required works in default and recover the costs incurred from the owner. Confiscation of unrelated property, rezoning and business registration suspension are not remedies under the Ordinance.

Question 33Statutory framework: Buildings Ordinance, Lands Ordinance and related Hong Kong legislation

Which statement correctly distinguishes the roles of the Buildings Ordinance and the Lands Ordinance in a development project?

  1. Both ordinances deal exclusively with construction standards
  2. Neither ordinance applies to private developments
  3. The Lands Ordinance controls structural design; the Buildings Ordinance governs lease terms
  4. The Buildings Ordinance controls construction standards; the Lands Ordinance governs lease terms and land grants Correct answer.

Explanation

Building control under the Buildings Ordinance addresses construction, plan approval and safety, while the Lands Ordinance and lease conditions govern land grants and use restrictions. The two regimes operate in parallel and both apply to private developments.

Question 34Statutory framework: Buildings Ordinance, Lands Ordinance and related Hong Kong legislation

What is a lease condition (also called a land grant condition) primarily intended to do?

  1. Set out the terms on which Government land is granted and may be used Correct answer.
  2. Define the qualifications of registered contractors
  3. Prescribe the concrete grade for structural elements
  4. Establish the fee scale for building plan approval

Explanation

Lease conditions form part of the land grant and impose obligations and restrictions on how the land may be developed and used. Concrete grades, plan approval fees and contractor qualifications are governed by building legislation and regulations.

Question 35Statutory framework: Buildings Ordinance, Lands Ordinance and related Hong Kong legislation

Under the Buildings Ordinance, which party is generally responsible for ensuring that building works comply with approved plans and the Ordinance?

  1. The Town Planning Board
  2. The Land Registrar
  3. The owner and the appointed authorised person and registered contractor Correct answer.
  4. The Building Authority alone

Explanation

Responsibility for compliant works rests with the owner and the appointed authorised person and registered contractor, who must supervise and carry out works lawfully. The Building Authority enforces, the Town Planning Board plans, and the Land Registrar registers instruments.

Question 36Statutory framework: Buildings Ordinance, Lands Ordinance and related Hong Kong legislation

A site is subject to both an approved building plan and a lease restriction limiting the building height. Which statement is correct?

  1. The lease restriction is void once building plans are approved
  2. Approval of building plans automatically overrides the lease restriction
  3. Only the lease restriction applies and building approval is unnecessary
  4. Both the building approval and the lease restriction must be satisfied Correct answer.

Explanation

Building plan approval and lease compliance are separate requirements, and a developer must satisfy both. Approval under the Buildings Ordinance does not extinguish private or lease restrictions, and building approval remains necessary regardless of lease terms.

Question 37Statutory framework: Buildings Ordinance, Lands Ordinance and related Hong Kong legislation

What is the function of the Building Authority's power to order the investigation of a building or slope?

  1. To approve outline zoning plans
  2. To determine land ownership boundaries
  3. To register building plans in the Land Registry
  4. To require assessment of whether a building or slope is dangerous or liable to become dangerous Correct answer.

Explanation

The Building Authority may require investigation where there are concerns that a building or slope is dangerous or may become dangerous, so that remedial action can be assessed. Boundary determination, zoning and registration are functions of other bodies.

Question 38Statutory framework: Buildings Ordinance, Lands Ordinance and related Hong Kong legislation

Which of the following is a typical statutory duty of a registered contractor undertaking building works?

  1. Certifying the developer's title to the land
  2. Issuing occupation permits
  3. Approving amendments to the lease
  4. Providing adequate supervision and complying with the approved plans and permit conditions Correct answer.

Explanation

Registered contractors must supervise works adequately and carry them out in accordance with approved plans and permit conditions. Title certification, lease amendments and occupation permits are handled by other parties and authorities.

Question 39Statutory framework: Buildings Ordinance, Lands Ordinance and related Hong Kong legislation

Under the statutory regime, what is the significance of the register of authorised persons, registered structural engineers and registered contractors?

  1. It records all land transactions in Hong Kong
  2. It lists persons and firms qualified to perform statutory roles in building works Correct answer.
  3. It contains approved outline zoning plans
  4. It records convictions under the Housing Ordinance

Explanation

The registers identify persons and firms qualified to act in the statutory roles of authorised person, registered structural engineer and registered contractor. Land transactions, zoning plans and housing convictions are recorded elsewhere.

Question 40Statutory framework: Buildings Ordinance, Lands Ordinance and related Hong Kong legislation

An unauthorised signboard is erected without approval. Which statutory response is most consistent with the Buildings Ordinance regime?

  1. The Land Registrar must cancel the land grant
  2. The Housing Authority must rehouse the occupants
  3. The Town Planning Board must immediately rezone the site
  4. The Building Authority may take enforcement action, including removal orders or works in default Correct answer.

Explanation

Unauthorised building works, including certain signboards, may attract enforcement action such as removal orders and works in default by the Building Authority. Rezoning, cancellation of land grants and rehousing are not responses under the Buildings Ordinance.

Question 41Statutory framework: Buildings Ordinance, Lands Ordinance and related Hong Kong legislation

Which ordinance principally governs the control of premises used for industrial undertakings in relation to building and fire safety?

  1. The Land Registration Ordinance alone
  2. The Factories and Industrial Undertakings Ordinance read with building and fire safety legislation Correct answer.
  3. The Town Planning Ordinance alone
  4. The Housing Ordinance alone

Explanation

Industrial premises are regulated by the Factories and Industrial Undertakings Ordinance together with building and fire safety legislation, which impose safety obligations. The Land Registration, Housing and Town Planning Ordinances address different subject matter and do not alone control industrial building safety.

Question 42Statutory framework: Buildings Ordinance, Lands Ordinance and related Hong Kong legislation

What is the principal effect of a stop notice issued by the Building Authority?

  1. It requires the cessation of specified building works until the specified matters are resolved Correct answer.
  2. It converts the land lease into a short-term tenancy
  3. It approves the building plans retrospectively
  4. It permanently transfers the site to Government

Explanation

A stop notice requires works to cease until the identified issues are resolved, providing immediate control over unsafe or unauthorised works. It does not transfer land, approve plans retrospectively or alter the lease.

Question 43Statutory framework: Buildings Ordinance, Lands Ordinance and related Hong Kong legislation

Which statement best reflects the relationship between the Buildings Ordinance and the subsidiary regulations made under it?

  1. The regulations are advisory only and have no legal force
  2. The regulations set detailed technical and procedural requirements that operate within the parent Ordinance Correct answer.
  3. The regulations apply only to Government buildings
  4. The regulations override the parent Ordinance where they conflict

Explanation

Subsidiary regulations made under the Buildings Ordinance provide detailed technical and procedural requirements and operate within the framework of the parent Ordinance. They do not override it, are legally binding rather than advisory, and are not confined to Government buildings.

Question 44Statutory framework: Buildings Ordinance, Lands Ordinance and related Hong Kong legislation

A purchaser is reviewing a property and wants to confirm whether there are registered instruments affecting the title. Which statutory register should be consulted?

  1. The register of approved outline zoning plans
  2. The register of registered contractors
  3. The register of authorised persons
  4. The register maintained under the Land Registration Ordinance Correct answer.

Explanation

Instruments affecting title are recorded in the Land Registry under the Land Registration Ordinance, which is the appropriate source for title-related searches. The other registers concern professional qualifications or statutory plans, not title.

Question 45Land boundary survey, boundary determination and boundary disputes

Under the Land Survey Ordinance (Cap. 473), which body is responsible for authorising land boundary surveys that will be lodged with the Land Registry as part of a land boundary record?

  1. The Rating and Valuation Department
  2. The Buildings Department
  3. The District Lands Office
  4. The Land Survey Authority Correct answer.

Explanation

The Land Survey Ordinance establishes the Land Survey Authority, who administers the land boundary survey regime, including the preparation, certification and lodgement of land boundary records. Other departments may hold related records but do not authorise boundary surveys under this Ordinance.

Question 46Land boundary survey, boundary determination and boundary disputes

In Hong Kong land boundary survey practice, what does the term 'land boundary record' most precisely refer to?

  1. A title register extract listing the owners of a lot
  2. A plan and associated survey data deposited under the Land Survey Ordinance showing the position of boundaries of a land parcel Correct answer.
  3. A topographic map showing contours and utilities in a district
  4. A sketch prepared by a developer to illustrate a proposed subdivision layout

Explanation

A land boundary record is a formal deposit comprising a plan and supporting survey data that defines the position of parcel boundaries under the Land Survey Ordinance. It is a statutory record rather than a commercial sketch, ownership list or general topographic map.

Question 47Land boundary survey, boundary determination and boundary disputes

A surveyor is asked to re-establish a boundary between two rural lots where the original survey was based on a metes-and-bounds description referencing natural features. Which principle should guide the surveyor first?

  1. Re-establish the boundary by adopting the midpoint between the two owners' occupied fences
  2. Re-establish the boundary strictly by scaling distances from the current lot index plan
  3. Re-establish the boundary by giving priority to the natural features described, where they can be reliably identified Correct answer.
  4. Re-establish the boundary by reference to the most recent approved building plans

Explanation

In metes-and-bounds descriptions, natural monuments and features generally prevail over stated bearings and distances, because the description is anchored to the ground. Scaled plan distances and building plans are secondary evidence, and fences reflect occupation rather than title.

Question 48Land boundary survey, boundary determination and boundary disputes

Which of the following best describes the doctrine of adverse possession as it affects boundary disputes in Hong Kong?

  1. A long-standing occupier may acquire title to land if the statutory requirements are satisfied, notwithstanding the registered boundary Correct answer.
  2. Boundary disputes are always resolved in favour of the party who has the most recent survey plan
  3. Occupation of land can never affect the registered title under any circumstances
  4. A registered owner automatically loses title after twenty years of any occupation by a neighbour

Explanation

Adverse possession can, where the statutory criteria are met, extinguish the paper owner's title and vest it in the occupier, even across a registered boundary. It is not automatic on mere lapse of time, and a recent plan does not override substantive title principles.

Question 49Land boundary survey, boundary determination and boundary disputes

When preparing a boundary survey plan for lodgement, a surveyor discovers a small discrepancy between the measured boundary and the position shown on the lot index plan. What is the most appropriate professional response?

  1. Record and report the discrepancy with the supporting measurements and identify the source of the difference before certifying the plan Correct answer.
  2. Report the discrepancy only verbally to the client and proceed
  3. Adjust the measured boundary to match the index plan so that no discrepancy appears
  4. Omit the discrepant portion from the plan to avoid confusion

Explanation

A surveyor must document discrepancies transparently and investigate their cause, such as transformation error, monument disturbance or plan error, before certifying. Silently adjusting or omitting data undermines the integrity of the record and may mislead.

Question 50Land boundary survey, boundary determination and boundary disputes

What is the principal purpose of a boundary reconciliation (or 'boundary re-establishment') exercise in a dispute?

  1. To choose whichever boundary position minimises the cost of a new fence
  2. To confirm the boundary shown on the most recent unauthorised occupation survey
  3. To determine the most probable original boundary position by weighing all available evidence Correct answer.
  4. To establish a new boundary agreed informally by the parties without documentation

Explanation

Reconciliation weighs documentary, physical and survey evidence to determine the most probable position of the original boundary. Cost, unauthorised occupation surveys and undocumented informal agreement are not proper bases for a boundary determination.