HKU MLA
Landscape Practice 2019
5 mins version
Full version
WHERER DO YOU WORK?
LEARNING OBJECTIVES
To understand landscape architectural work of nature in different public sectors, private sectors, education institutes within Hong Kong and Mainland China
1.0 PUBLIC SECTOR -HONG KONG
I. The Bureau and departments that have permanent position for landscape architecture
1.Greening, Landscape and Tree Management Section, Development Bureau (DevB)
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.
(Organization Structure of DevB
https://www.greening.gov.hk/en/about_gltms/orgchart_text.html)
*2.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)
(Organization Structure of ASD: https://www.archsd.gov.hk/en/about-us/organization-structure.aspx)
3.Highways Department (HyD)
Nature of work:
(i) To provide landscape design service within footbridge, roadside tree as well as thematic paving and railing
(i) To maintain vegetation on all ^SIMAR slopes and high speed roads under HyD’s jurisdiction; nurture vegetation to stabilise slopes, establish green backdrop to highway system, enhance the local ecological habitats in the urban area.
(ii) To carry out tree risk assessment and take appropriate measures to mitigate the risk while preserving trees as far as practicable within our responsible areas.
^(Know Your Slope Maintenance Responsibility through SMRIS https://www.landsd.gov.hk/en/images/doc/smris.pdf)
(Landscape Enhancement & Vegetation Maintenance https://www.hyd.gov.hk/en/district_and_maintenance/landscape/index.html)
(Requirements for Handover of Vegetation to Highways Department (2018 version) https://www.hyd.gov.hk/en/publications_and_publicity/publications/technical_document/handover_of_vegetation/doc/Requirement.pdf)
4.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.
(Greening in DSD https://www.dsd.gov.hk/EN/Greening/Drainage_and_Sewerage_Facilities/index.html)
(Landscape Information and Maintenance Schedule https://www.dsd.gov.hk/EN/Files/Greening/VCAB/Landscape.pdf)
5.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
https://www.pland.gov.hk/pland_en/p_study/comp_s/UDS/chi_v1/images_chi/pdf_paper/CommentCard_cn.pdf
6. 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 landscape 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
*Provide position of Chief Landscape Architect
II. Statutory Bodies
1.Urban Renewal Authority (URA)
Nature of work:
(i) To invite to developers (e.g. Kerry Properties Limited) tener for joint development. The examples of redevelopment are The Lee Tung Street and Kwun Tong New Town.
(ii) Submission of planning application to Town Planning Board for revising Master Layout Plan.
(iii)Consultation to the public and district councils about architectural and landscape related detailed design
(iv) Design and feasibility assessment
(https://www.ura.org.hk/en/media/press-release/20170927_K7)
2. MTR Corp.
http://www.mtr.com.hk/en/customer/main/index.html
2.0 PUBLIC SECTOR -Mainland China
I. STATE-OWNED LOCAL DESIGN INSTITUTES (LDI)
1.The History of LDI in Mainland China
Before the 1990s, all design institutes were state-owned and the only ones legally allowed designing. They were directly commissioned by the central government based on national wide logistic and economic central planning. Even before the late 1980s, a design fee was not introduced since all design institutes operated according to the annual quota given by the central government.
Since the last two decades, these design institutes started a dramatic transformation. In order to deal with new market conditions, new clients and trends, the huge bureaucratic institutes devised strategies to operate more flexible and market responsive. This leads to a process of privatization, both partly and fully. However, and as explained above, this did not imply that all government links were cut down – the LDI's became less visible but kept to a certain extent power behind the scenes.
2.The Current Condition of state owned LDI’s in Mainland China
The Beijing Institute for Architectural Design (BIAD)
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.
BIAD’s business scope:
• Urban Planning
• Investment Planning
• Large-scale Public Building Design
• Civil Architecture Design
• Interior Decoration Design
• Landscape Design
• Intelligent System Engineering Design for buildings
• Project Budget Establishment
• Weak Current Engineering
• Decoration engineering
• Project General Contracting
The China Architectural Design and Research Group (CADREG)
CADREG’s business scope:
• Engineering consultation
Project planning / Formulation of project proposal / Formulation of feasibility study report / Planning & design consultation / Design bidding / Agent for Project bidding / Design supervision / Project supervision / Project management / Project evaluation
• Planning
Urban planning / Town planning / Planning for community /Planning for development zone
• Building design
Residential design / Public building design / Industrial building design
• Municipal design
General municipal engineering design /Urban gas & industrial gas planning/ Sewage & refuse disposal design / Road & bridge design
Note: The above-mentioned scope of works does not cover scientific technology research, real estate development and project construction business.
• Special trade design
Building intelligence design/ Landscape design / Interior design / Construction drawing verification department
• Standard design
Formulation of standards & codes / Standard drawing design
• Building technology
Green buildings technology / MEP energy-saving technology / Scientific research & design technology / Building economy technology
• Architectural history
Historical building research / Traditional building design
The Shanghai Xian Dai Architectural Design
The Shanghai Xian Dai Architectural Design holds a dominant position in Shanghai, with a membership of 20 professional companies including East China Architectural Design & Research Institute (ECADI) and Shanghai Institute of Architectural Design & Research East China Design Institute (SIADR), housing more than 1000 staff members.
Business scope:
Covering the whole process of engineering construction project, including
• Planning
• Construction
• Water conservancy
• Municipal construction
• Landscape architecture
• Interior decoration, geotechnical engineering
• architectural acoustics
Other design consulting services, as well as general contracting service consisting of design, procurement and EPC.
II. The Bureau and departments that have position for landscape architecture
1.The Ministry of Housing and Urban-Rural Development (MOHURD)
The Ministry of Housing and Urban-Rural Development (MOHURD) is a ministry of the government of the People's Republic of China which provides housing and regulates the state constructionactivities in the country. It was formerly known as the Ministry of Construction
2.The Urban Administrative and Law Enforcement Bureau
The agency is usually part of a city or municipality's Urban Management Bureau. The agency is in charge with enforcement of urban management of the city. This includes local bylaws, city appearance bylaws, environment, sanitation, work safety, pollution control, health, and can involve enforcement in planning, greening, industry and commerce, environment protection, municipal affairs and water in large cities.
3.The State Forestry and Grassland Administration
The State Forestry and Grassland Administration is an administration of the People's Republic of China, in charge of the national forestry affairs. The administration is under management of the Ministry of Natural Resources.
Useful Links:
The specific departments and positions for graduates from landscape architecture and landscape gardening as the national civil servants in 2019:
3.0 MAINLAND CHINA: PRIVATE
1.Category:
- Landscape greening industry
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divided into four categories:
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municipal greening (oriental gardens, Lingnan gardens, green earth, national art gardens),refers to the urban public, community leisure base, ecological wetland and other landscape projects or garden projects affiliated to public institutions, which are invested and constructed by the government.
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real estate gardens (palm gardens, liberal arts gardens, Pubang gardens) mainly high-grade residential areas, villas, hotels, resorts and other surrounding landscape construction projects invested by real estate companies.
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ecological restoration (Tiehan Ecology) mainly refer to the artificial purchase and construction of vegetation to assist the restoration of damaged ecosystems (mainly mining site waste, excavation of highways and railways and other exposed mountain slopes), so as to gradually restore or gradually develop towards a virtuous circle.
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tourist scenic spots (East Pearl Landscape, North Forest Landscape, Austrian Landscape, Longri Landscape, Green Weichuang Landscape), mainly constructed by the government or tourism service companies according to the different themes and functions of sightseeing, leisure and vacation, and through local conditions or creative subversion, to construct different scenic spots and visual enjoyment, which can meet the psychological and cultural needs of tourists in "curiosity, experience and novelty".
- Real estate industry
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Residential Realtors
Of the 165 listed real estate enterprises in China, 122 are residential real estate developers. According to the 2016 annual report, these enterprises have a revenue scale of 100 billion, including Greenbelt Holdings, Vanke and Poly Real Estate.
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Commercial Realtors
Commercial real estate companies refer to those real estate companies which are engaged in the development, operation, management and service of commercial real estate and hold commercial property as strategic assets for a long time, and whose rental income accounts for a higher proportion of their business income.
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Park Realtors
In terms of urban distribution, domestic park development enterprises are either located in first-tier cities such as Beijing and Shanghai, or in special cities such as Nanjing, Suzhou and Zhenjiang, which have superior geographical location.
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Real Estate Service Enterprises
Real estate service enterprises refer to those intermediary service companies. The World Bank and the Academy of Sciences are the only two professional real estate service providers in A shares. They do not own real estate themselves, but provide consultation, price evaluation and other services to other real estate providers, and collect intermediary fees, information service fees, consultancy fees and so on.
4.0 PRIVATE SECTOR FORMS OF PRACTICE & ORGANISATION
• Professional Sectors
- LA / Arch / Eng / Planning / Env / Developer / Contractor Formation – Single discipline / Multi-discipline / Project Team
• Landscape Firms
• Landscape Units within Firms and Organisations
- Architectural Consultant, Engineering Consultants, Contractors, Developers, Planning Consultants
5.0 PRIVATE SECTOR STRUCTURES
Sole Proprietorship:
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Conducted by one person who both owns and runs the business, i.e. no business partners
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Entitled to all profits and responsible for all the risks of the business
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Simple structure, suitable for small-scale, start-up, relatively low risk businesses
Partnership:
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Less popular but have certain advantages over company
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Simpler and more flexible formation and operation
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No requirement to file annual returns and other forms of documents, therefore high degree of privacy
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Lower rate of income tax compared to companies
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Some professions, e.g. solicitors, allow to exist only as partnerships or sole proprietorship by law
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Number of partners cannot be more than 20
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Governed by the Partnership Ordinance, Cap. 38, Laws of Hong Kong; principles of common law; and rules of equity
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Defined by statue as “the relation which subsists when persons carrying on a business in common with a view of profit”
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Fiduciary duties – based on mutual trust and confidence:
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Duty to act in good faith and to make full disclosure
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Duty not to make secret profits
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Duty to avoid conflict of interest
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Unlimited liability – to the firm and any one of the partners, regardless of share; a partner who
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satisfied claims of a creditor can hold other partners liability for contribution under Civil Liability (Contribution) Ordinance
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Only liable for the acts within the ordinary course of business of the firm
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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)
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In 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
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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
Companies:
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Governed by the Companies Ordinance, Cap. 32, Laws of Hong Kong. Mainly 4 types:
• private limited company (liability limited by share)
• public limited company (liability limited by share)
• company limited by guarantee
• unlimited company (rarely opted)
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A separate legal entity incorporated by registration with the Companies Registry under the Ordinance
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Liabilities limited to the assets of the company and owners’ personal assets protected from business liabilities
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Memorandum of association (relationship between the company and outsiders) and articles of association (prescribe regulations for the internal management of a company)
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Private limited company (by share):
• Shareholders own the company, directors manage the company
• Shareholders minimum of 1 and maximum of 50, director minimum of 1 and no maximum
• Shareholder can be natural or artificial person, one director must be a natural person while the rest could be body corporate
• Shareholders entitled to a share in the profits of the company (dividend) according to their percentage of share, liability limited to the amount of their investment
• Shares can be easily transferred; change of shareholders/ membership doesn’t not affect existence/ succession of the company
• Ease of raising capital – by bringing in new shareholders or issuing more shares to existing shareholders, also relatively easier to secure bank loans
• More onerous on the formation costs and formalities expenses in operation – incorporation process, registration fee, AGM, accounting, disclosure requirements
• Positive image for investors/ public
• Tax benefits and incentives
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Public limited company (by share):
• Number of shareholder can be more than 50
• Many are listed on stock exchange
• Subject to stringent and ongoing statutory compliance, complex and expensive establishment and operation, public disclosure requirements
• Easy access to capital, public perception of company strength and capacity
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Company limited by guarantee – members (instead of shareholders) liable as guarantors for an amount set out in the memorandum of association upon the company being wound up
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Unlimited company – legal liability of shareholders not limited in the event of liquidation
OTHER FORMS OF PRACTICES
Number of other forms of practice that have evolved to suit the particular requirements of the business. These forms of practice are commonly adopted by design firms. In general, there is little legal definition of these forms of practice, and they should always be carefully planned with a joint agreement to cover: possible liability (current / previous projects); assets and extent of commitment; evaluation of costs; division of profit etc.
• Co-operative
• Association
• Consortia
• Joint Venture NGO’s
• Education Lecturing / Research
HKU/POLYU/THEi/CUHK/HKDI
NON-VOCATIONAL
All round skill set – Politics / Research / Advertising / anything you want to be! More Landscape Architects need to become decision makers - get onto boards of multinational companies in power / environment / resource management, Become company & government policy shapers. Be ambitious!
HOW TO GET EMPLOYED
CV / Portfolio / Letter of Application / Interview /
Advertisement
https://hk.jobsdb.com/hk/search-jobs/landscape-designer/1
Volunteering
Types of professional engagement
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HKILA’s publications
http://www.hkila.com/hkila_download.php
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Constitution & by-law
http://www.hkila.com/~hkilacom/file/news-pdf224.pdf
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Code of Professional Conduct
PEER ASSESSMENT
How would our classmate rate our performance ?
For the sharing session, Group 2
Inspiration to career planning : 6.1 /10
Rating : 5.6 /10
For the platform set-up, Group 6
Clearness of Format & User-friendliness : 4.0 /5
Creativity : 3.2 /5
Rating : 6.7 /10
Details of Comments: