HKU MLA
Landscape Practice 2019
You are a landscape architect
Professional Practice Examination (PPE)
An effective and important tool by which the Hong Kong Institute of Landscape Architects, hereafter referred to as the “HKILA”, measures an individual’s understanding of all aspects considered to be essential and desirable for the rational, executive practice of Landscape Architecture before deciding on an applicant’s election to Professional Membership of the HKILA
PPE- Rules and Regulations
PPE- Rules and Regulations
HKILA
Practical Training Record
The PTRsheets arerequired to be submitted to the HKILA for the assessment of the eligibility of the candidate to take the examination.The purpose of the PTR sheets istoassist both the candidate and the candidate’s training supervisor of the need to cover adequately all aspects of the PPE Syllabus. The PTR will help to demonstrate to the examiners the main areas in which professional experience has been gained.
PPE - Information Sheet
HKILA
Continuting Professional Development
The systematic maintenance, improvement and broadening of knowledge and skills and the development of personal qualities necessary for the execution of professional and technical dutiesthroughout the landscape architect's working life.
Code of Professional Conduct
HKILA
Honorary Members
Honorary Members shall be persons, other than landscape professionals, who shall have performed notable service in advancing the cause of landscape architecture.
General Information - FAQ
HKILA
Fellows
Fellows shall be Landscape Architects of at least fifteen years approved post qualification professional landscape experience and shall be elected to Fellowship in recognition of their outstanding contribution to the profession.
Types of Membership
HKILA
Professional Members
Professional Members shall be Landscape Architects whose ability, attainments, aims and character are judged to be such as will promote the objects of the Institute and who have graduated from a landscape architectural curriculum approved by the Registration Committee and/or have obtained a similarly approved professional qualification. Professional Members shall have the requisite years of post graduation experience as specified in the Bye-laws.
Membership Application
HKILA
Associate Members
Associate Members shall be persons who have graduated in Landscape Architecture from an institution whose curriculum has been accredited by the Institute or its acceptable equivalent in education and/or training. Associate Members shall be permitted to vote in the election of Council Members and Officers at General Meetings, and eligible for appointments to the Council and committees subject to the provision of Clause 7.1(i). Associate Members shall be eligible to take the Professional Practice Examination following a period of approved practical training in Hong Kong as specified in the entry requirements for the Professional Practice Examination.
LARB (Landscape Architects Registration Board HK)
Registration of R.L.A.
Graduate Members
Graduate Members shall be persons who have obtained a higher diploma or higher qualification in landscape architectural studies from a university or tertiary institution recognized but not accredited by the Institute. Graduate Members shall not be eligible to take the Professional Practice Examination.
Student Members
Student Members shall be persons who are duly enrolled in a course of landscape architecture approved by the Registration Committee.
Affiliate Members
The Institute may admit to affiliation persons who are involved in activities allied with the professional practice of landscape architecture. They shall be persons who do not qualify for other categories of membership under this Constitution and may include persons from related professions and trades, natural and social sciences and educators. All candidates for affiliation must be approved by the Registration Committee.
Where do you work
Greening, Landscape and Tree Management Section, Development Bureau
Nature of work: (There are two offices in the section)
(i) Greening and Landscape Office: Central coordination of Government's greening and landscape planning and design efforts
(ii) Tree Management Office: Advocacy of the adoption of a professional approach to tree management among tree management departments(e.g. HyD) and in the community at large and technical circular.
Architecture Services Department (ASD)
Nature of work:
(i)To provide architectural and landscape services for the design and construction of Government building projects and other projects under ASD’s control (ii)To provide advisory services to the Administration and other Government Departments on architectural and landscape design and development (Government in-house consultant
Highways Department (HyD)
Nature of work:
(i)To provide architectural and landscape services for the design and construction of Government building projects and other projects under ASD’s control (ii)To provide advisory services to the Administration and other Government Departments on architectural and landscape design and development (Government in-house consultant
SMRIS
Systematic Identification of Maintenance Responsibility of Slopes
Drainage Services Department (DSD)
Nature of work:
(i) To maintain vegetation on river, channel and sewage facilities (e.g. Sha Tin Treatment Works) under DSD jurisdiction; nurture vegetation to stabilise slopes (ii) To participate in research and design of landscape area within sewage facilities.
Planning Department (PlanD)
Nature of work:
(i) To involve in Outline Zoning Plan
(ii) To review Landscape Master Plan submitted by companies
(iii) To carry out consultancy of landscape work
Housing Department (HD)
Nature of work:
(i) To prepare landscape master plans, detail plans, and planting plans to utilize open spaces in public housing developments under the Housing Authority, or for other government departments;
(ii) To advise on landscap design and administrative control matters relating to landscape matters in public housing developments
(iii) To provide professional support and advice on matters relating to greening, landscape planning and design, landscape management and vegetation management in public housing developments, and other government departments
(iv) To manage consultants and co-ordinating works relating to landscape matters in public housing developments
(v) To supervise supporting staff including technical staff, horticultural site staff, and graduate trainees
LDI (mainland)
STATE-OWNED LOCAL DESIGN INSTITUTES
BIAD (mainland)
The Beijing Institute for Architectural Design Beijing Institute of Architectural Design (Group) Co., Ltd is a large-scale state-owned architectural design and consulting institute established in 1949, the same year the PRC founded. Beijing Municipal People’s government funded and established this wholly state-owned company in accordance with Company Law, it is also a first grade enterprise under supervision and management of the Beijing Municipal People's Government State-owned Assets Supervision and Administration Commission.
CADREG (mainland)
The China Architectural Design and Research Group
Sole Proprietorship
Conducted by one person who both owns and runs the business, i.e. no business partners Entitled to all profits and responsible for all the risks of the business Simple structure, suitable for small-scale, start-up, relatively low risk businesses.
Partnership
Less popular but have certain advantages over company Simpler and more flexible formation and operation No requirement to file annual returns and other forms of documents, therefore high degree of privacy Lower rate of income tax compared to companies Some professions, e.g. solicitors, allow to exist only as partnerships or sole proprietorship by law Number of partners cannot be more than 20 Governed by the Partnership Ordinance, Cap. 38, Laws of Hong Kong; principles of common law; and rules of equity Defined by statue as “the relation which subsists when persons carrying on a business in common with a view of profit” Fiduciary duties – based on mutual trust and confidence: Duty to act in good faith and to make full disclosure Duty not to make secret profits Duty to avoid conflict of interest Unlimited liability – to the firm and any one of the partners, regardless of share; a partner who satisfied claims of a creditor can hold other partners liability for contribution under Civil Liability (Contribution) Ordinance Only liable for the acts within the ordinary course of business of the firm Doctrine of “holding out” (s.16 of the Ordinance) – by words or by conduct represents as partner, actual reliance required Nationwide Building Society v Lewis [1998] (Lewis was an employee) n general new partners won’t be liable for liabilities incurred or committed before his entry, retired partner could on the other hand be liable for liabilities incurred before his/ her retirement Dissolution – by partners (fixed term or at will); by law (illegality); by court (insanity, incapacity, misconduct, where court considers just and equitable); requires to give public notice of dissolution under the Ordinance.
You are the boss
Market sector reserach
Often referred to as “field research,” primary research focuses on liaising with potential consumers directly, which you can do via a variety of methods, including: Observations,Surveys and questionnaires, in-depth interviews,focus groups,test marketing. Primary research will give you huge advantages over your competitors, allowing you to tap into market needs and trends, establish communication with customers early on, identify potential pitfalls and minimize risk.
Competitor Research
Competitor analysis can provide a great template for business success; doing what has worked well for other companies, and avoiding what has not, is a good place to start.
Business Plan
A business plan is a formal written document containing business goals, the methods on how these goals can be attained, and the time frame within which these goals need to be achieved. It also describes the nature of the business, background information on the organization, the organization's financial projections, and the strategies it intends to implement to achieve the stated targets.
Private limited liability company
The most common type of business entity registered in Hong Kong is a private limited liability company. Limited liability companies have a separate legal personality, limited liability for its owners, strong public perception and an enduring structure; raising capital and transfer of ownership is easier when compared to other business structures such as sole proprietorship and partnership. Foreign business professionals often refer to this type of entity as an offshore company in Hong Kong.
Director
A minimum of one individual director and unlimited maximum number of directors allowed. The director must be a natural person who can be of any nationality and need not be resident in Hong Kong. Directors must be at least 18 years of age and must not be bankrupt or convicted for any malpractices. There is no requirement for the directors to also be shareholders. Nominee corporate directors can also be appointed in addition to the individual director. Directors Board meetings can be held anywhere in the world.
Shareholders
A Hong Kong private limited company can have a minimum of 1 and maximum of 50 shareholders. There is no residency requirement for shareholders. A director and shareholder can be the same or different person. The shareholder must be at least 18 years of age and can belong to any nationality. The shareholder can be a person or a company. 100% local or foreign shareholding is allowed. Appointment of nominee shareholders is permitted. Shareholders meetings can be held anywhere in the world.
Company Secretary
Appointing a company secretary is mandatory. The secretary, if an individual, must ordinarily reside in Hong Kong; or if a body corporate must have its registered office or a place of business in Hong Kong. It has to be noted that in the case of a sole director/shareholder, the same person cannot act as the company secretary. The company secretary is responsible for maintaining the statutory books and records of the company and must also ensure the company’s compliance with all statutory requirements. A nominee secretary can be appointed.
Share Capital
Although there is no minimum share capital requirement, the general norm for companies incorporated in Hong Kong is to have at least one shareholder with one ordinary share issued on their formation. Share capital can be expressed in any major currency and is not restricted to the Hong Kong Dollar alone. Shares can be freely transferred, subject to a stamp duty fee. Bearer shares are not allowed.
Registered Address
In order to register a Hong Kong company, you must provide a local Hong Kong address as the registered address of the company. The registered address must be a physical address and cannot be a PO Box.
Public Information
Information about company officers viz. directors, shareholders and company secretary is public information as per Hong Kong Company Laws. It is mandatory to file details of the company officers with the Hong Kong Registrar of Companies. If you wish to maintain confidentiality you can appoint a corporate shareholder and nominee individual director by utilizing the services of a professional services firm.
Taxation
Corporate tax, (or profits tax as it is called), is set at 16.5% of assessable profits for companies setup in Hong Kong. Hong Kong follows a territorial basis of taxation i.e. only profits which arise in or derived from Hong Kong are subject to tax in Hong Kong. There is no capital gains tax, withholding tax on dividends, or GST/VAT in Hong Kong. For more details on corporate taxes, refer to Hong Kong Corporate Tax guide.
Ongoing Compliance
It is mandatory for companies to prepare and maintain accounts. Accounts must be audited annually by Certified Public Accountants in Hong Kong. The audited accounts together with tax return must be filed annually with the Inland Revenue Department. Every company is required to file annual returns with the Companies Registry and pay the annual registration fee. The Business Registration Certificate should be renewed, one month before expiry on an annual basis or once every three years, as the case may be. An Annual General Meeting (AGM) should be held annually very calendar year.
SWOT Analysis
Review the Business in relation to its Strengths / Opportunities / Weakness / Threats
Develop or control
Outline Zoning Plans (OZPs)
Outline Zoning Plan(OZP) is a kind of statutory plan prepared by the Town Planning Board under the Town Planning Ordinance. It is basically a plan that shows the land-use zonings and major road systems of individual planning scheme areas. Each plan is accompanied by a Schedule of Notes which show for a particular zone the uses always permitted (Column One Uses) and uses that would require permission from the Town Planning Board (Column Two Uses) upon application.
Information Services, Planning Department
Development Permission Area (DPA) Plans
DPA Plan is prepared for an area not previously covered by OZP. This Plan serves as a control to unauthorized development in the rural areas. This Plan will only be effective for three years from the date of publication and will be replaced by OZP within the period.
Information Services, Planning Department
Tree Survey and Tree Preservation and Tree Removal Application (TPRP)
The AP encouraged to assess the impact of the proposed development on existing tree(s) at the planning and early design stage in parallel to the preparation and submission of general building plans (GBP). The Application should contain (i) a conceptual proposal (the "Conceptual Proposal") comprising the tree survey submission, the tree removal proposal itself together with justifications for tree felling, transplanting, tree preservation/protection measures and a conceptual compensatory planting proposal and (ii) a detailed compensatory planting proposal (the "Detailed Proposal").
Information Services, Planning Department
Land-use planning
Process of regulating the use of land in an effort to promote more desirable social and environmental outcomes as well as more efficient use of resources. Goals of land-use planning may include environmental conservation, restraint of urban sprawl, minimization of transport costs, prevention of land-use conflicts, and a reduction in exposure to pollutants.
Town Planning Board(TPB)
The Town Planning Board is a statutory body established under the Town Planning Ordinance (Cap 131) with a view to promoting the health, safety,
convenience and general welfare of the community through the systematic preparation of plans for the layout of such areas of Hong Kong, as well as the types of buildings suitable for erection therein.
Urban Renewal Authority (URA)
A statutory body established in 2001 under the Urban Renewal Authority (URA) Ordinance, (Cap. 563) to supersede the Land Development Corporation. The URA collaborates with the Planning Department in the planning of urban renewal and regeneration projects for the improvement of old areas, and the execution of redevelopment projects in conjunction with developers and landowners.
Country and Marine Parks Authority
Within designated Country Parks and Marine Parks the authority for all planning and development control rests with the Country and Marine Parks
Authority.
Comprehensive Development Areas (CDA)
Zones intended for comprehensive development/redevelopment for residential and/or commercial uses with provision of public facilities , i.e. open space and/or G/IC uses. CDA zoning facilitates planning control over the development mix, parameters, scale, design and layout; taking account of various environmental, traffic, and infrastructure constraints.
Green Belt (GB)
Zone where there is a presumption against development. The planning intention is primarily for conservation of the existing natural environment or defining the limits of urban/sub-urban development by natural features to contain urban sprawl and to provide passive recreational activities.
Conservation Area (CA)
Area shown in a draft or approved plan prepared under Section 3 of the TPO with the aim to preserve the ecological and topographical features of the site, and separate sensitive areas like SSSIs from the threats of active development.
Sites of Special Scientific Interest (SSSI)
Area of land or water of special scientific interest by reason of its flora, fauna or geographical features identified by the Agriculture Fisheries and Conservation Department (AFCD) and listed in the register of sites of special scientific interest maintained by the Planning Department. Designated to protect the environment by ensuring proper attention is paid to them during land use planning.
Country Parks (CP)
Established under the Country Parks Ordinances (cap.208) for conservation (protection of vegetation and wildlife, geological, cultural or archaeological features in designated areas) and to encourage use for recreation and tourism. 20 Country Parks + 4 Extension Areas have been set up, covering about 40% of Hong Kong's area.The ordinance also makes provision for Special Areas to be created mainly for the purpose of nature conservation.
Coastal Protection Area (CPA)
Area zones for protecting high quality and scenic coastline. Only some of the above zones have statutory protection under the relevant ordinances. Others are just administrative zoning and the protection of them may be inadequate.
Development Permission Area Plans (DPA)
Provide interim planning control and development guidance for rural areas (NT) until OZPs can be prepared.
Environmental Impact Assessment (EIA)
EIA is to avoid, minimise and control the adverse impact on the environment of designated projects through the application of the environmental impact assessment process and the environmental permit system.
Winning a project
Contract
A contract is an agreement between individuals, which can be enforced by law. It is the legal relationship between the parties. There are three main essential criteria for a contract to exist, including Intention To Create Legal Relations; Consideration; Agreement – Offer and Acceptance.
Hong Kong e-Legislation
Invitation to Treat / Tender Invitation
An invitation to another person to make an offer to the contract.
AACSB (Architectural and Associated Consultants Selection Board)
Counter Offer
Making a counter automatically rejects the prior offer, and requires an acceptance under the terms of the counter offer or there is no contract.
ISO 9000 Certification (prequalification of listed consultant)
Tendering
Construction tendering is the process of submitting a proposal (tender) to undertake or manage the undertaking of a construction project in accordance with the conditions of the contract and the contract documents. The tender is treated as an offer to do the work for a certain amount of money (firm price), or a certain amount of profit (cost reimbursement or cost plus).
Professional Practice for Landscape Architects
Two-envelope System
A typical tendering method which requires tenders to submit both Technical Proposal and Fee Proposal. For the specific one that applied to the Hong Kong government, please refer to the course content on the website.
Technical Proposal
This document may include but not limited to the relevant project list, current project list, key staff (CVs), staff deployment, methodology, response to the brief, approach to cost-effectiveness, etc.
Fee Proposal
This document may include but not limited to, usually a lump sum price in payment stages, together with a schedule of hours to be worked, and charge rates for professional and technical staff, often also require a multiplier to be used on the additional services.
Percentage Fees
Paid by percentage of the total construction cost of the project. It is suitable for those straightforward project with known construction budget. Pros: ensure a part of money to run the project at each stage. Cons: fluctuate with market forces.
Time Charges
All work charged at agreed rates at stated intervals. It is suitable for those Projects with scope of work that is not foreseen. Pros: Consultant is paid for all working hours. Cons: May lower incentive for Consultants to work efficiently
Lump Sum Fees
Total sum of money is agreed for a defined package of services. It is suitable for those projects which the Scope of work is clearly defined but has variation in services. Pros: Limits of spend is known by both parties. Cons: Anything goes wrong the practice may lose money
Technical Circular
The guideline applied to the Hong Kong government and its relevant departments, especially for architecture and construction work.
Practice NoteThe guideline applied to contractors who have a contract with the Hong Kong government and its relevant departments, especially for architecture and construction work.
Main Contractor
The entity/person who has a direct contractual relationship with the client
Sub-contactor
The entity/ person who has a direct contractual relationship with the Main-contractor, but limited or no relationship with the Client.
Collateral Warranty
A collateral warranty is a legal agreement between the client and the sub-contractor. It forms a legal responsibility with a third party who would not normally have any right to claim on the contract. Collateral warranties, therefore, create direct contractual relationships between parties that would not otherwise exist and could include the funder/tenant/purchaser of a building
Back-to-back Contract
A contract to sub-contractor which mirror the contract between the client and the main contractor to ensure the terms and conditional are consistent with each other.
Accreditations through ISO 9000
Accreditation is determined by an external assessor/certification body, who will be a member of the National Accreditation Council for Certification Bodies. A firm whose management system has been successfully assessed by a certification body against the requirements of ISO 9000 is entered on a register and becomes a Registered Firm of Assessed Capability. Once accreditation is achieved by a business it is a sign of management quality assurance.
Designing the project
Procurement Method
A contract is an agreement between individuals, which can be enforced by law. It is the legal relationship between the parties. There are three main essential criteria for a contract to exist, including Intention To Create Legal Relations; Consideration; Agreement – Offer and Acceptance.
Professional Practice for Landscape Architects
Traditional Procurement
Client appoints a main consultant to lead the consultant team and contractor. The main consultant designs and manages the project until it is finished while the client binds various contracts with different parties.
Design-Build Procurement
A client only has to manage one contract with a design and build entity. The design and build entity is usually a construction company with architectural professions.
Management Contracting or Construction Management
Client appoints a consultant for design while have another project manager for contract and project management. It separates the duty of the traditional main consultant. This method is more common to see in the private land developer.
Awarding a project
Contractor
In construction stage, contractor specifically refers to an entity who has the contract with the consultant/ client that is responsible to build according to the design and instruction provided.
Professional Practice for Landscape Architects
Construction Tendering
Its nature and selection process is similar to tendering for a consultant. However, in the tendering document, client/consultant has to provide the required document, it includes but not limited to Drawing, Bill of Quantity and, specification nature and selection process are similar to tendering for a consultant. However, in the tendering document, client/consultant has to provide the required document, it includes but not limited to Drawing, Bill of Quantity and, Specification
Construction Drawing
It may include but not limited to master plan, details plan, section/elevation, which clearly shows the location, in right scale and annotated, that bind as a part of the contract.
Bill of Quantity
A table lists out the items needed ( labor and materials) and its cost / cost range and quantity. This document usually provided by Quantity Surveyor that bind as a part of the contract.
Specification
This document lists out the requirement of workmanship and the performance of each material, e.g. the surface treatment of tile paving for slip resistant. Hong Kong government provide a general specification for building and construction work while consultant or client can have additional specification according to the design purpose.
Simple Contract
Simple Contract may be made in writing, orally or by conduct and each party must contribute something to it to make it binding. The limitation on actions against simple contracts is 6 years.
Contract Under Seal
Contract Under Seal must be made by deed, i.e. they must be in writing and have to be signed, sealed and delivered by the party who arranges the contract. A contract by deed binds its maker without the need for consideration. The type of contracts which are required by law to be under seal include: leases exceeding three years; contracts without consideration; and transfers to the title of land.
Quantity Surveyor
A quantity surveyor (QS) is a construction industry professional with expert knowledge on construction costs and contracts. The duty is different from land surveyors or building surveyors. QS is a must in most of the project.
Running a project
Bills of Quantities (BQ)
The bill of quantities (sometimes referred to as 'BoQ' or 'BQ') is a document prepared by the cost consultant (often a quantity surveyor) that provides project specific measured quantities of the items of work identified by the drawings and specifications in the tender documentation.
Schedule of Rates (SOR)
A schedule of rates can be a list in a contract setting out the staff, labour and plant hire rates the contractor will use for pricing cost reimbursable instructed daywork.
Defects Liability Period (DLP)
The DLP is the period of time (usually 6 months) within which the Contractor is liable under the
terms of the contract to rectify any defects that are identified in the works.
Establishment Period (EP)
Establishment Period is different from the DLP, although runs concurrently. The EP (usually12 months but can be up to 5 years) is the period of time in which the Contractor is responsible for maintaining the planting works.
Extensions of Time (EOT)
If failure to complete the works by the original date for completion is caused by a delay which is beyond the control of the Contractor, then he may apply for an Extension of Time (EOT). If granted then the date for completion is adjusted accordingly, and thereby avoid the imposition of LDs.
Resident Site Staff (RSS)
Employed by the client to supervise the Contractor’s work on site, to check that the works are built in accordance with the contract requirements.
Method Statements (MS)
This MS outlines the objectives, standards, scope and implementation schedule of the protection measures. A work method statement, sometimes called a "safe system of work", is a document that details the way a work task or process is to be completed.
Clerk of Works Directions (COW)
The COW acts as an inspector on behalf of the Employer under the direction of the Architect and has no express authority to issue instructions, although he may give directions to the Contractor.