Planning Law and the Right to City Planning: A Case Study of 'Walled Buildings' in Hong Kong

Abstract

Planning-related laws are a double-edged sword: while they can safeguard people’s planning rights, they may also privilege certain actors under the guise of equality before the law. This paper examines the case of “walled buildings” in Hong Kong through the perspective of planning law and the emerging right-to-city movement. Walled buildings, often high-density slab-block constructions that maximise harbour views but reduce natural ventilation and sunlight in surrounding areas, have proliferated due to outdated planning legislation and development-friendly regulations. The study analyses the delayed reform of the Town Planning Ordinance (1939; partially amended in 2004) and the Buildings Ordinance, identifying how these shaped the phenomenon. It further explores the 2005 amendment’s role in raising public awareness, the mobilisation of stakeholder networks, and the evolving socio-economic context that has fostered recognition of citizens’ right to city planning.