SUPPORTING NOTES

PUBLIC SECTOR

1. Statutory Bodies in Hong Kong

Except for the public sectors, there are also statutory like Urban Renewal Authority and Hong Kong Airports in Hong Kong, which are set up by law to enforce legislation on behalf of relevant districts.

2.Public Sector in mainland China

2a. the China Academy of Urban Planning and Design

The public sectors related to landscape design in mainland China are not detailed categorised as those in Hong Kong. Currently, the most authorised sector is the China Academy of Urban Planning and Design (CAUPD) with its main offices in Beijing.

CAUPD has four major roles:

• to offer planning advice for government authorities;

• to undertake planning studies and compose relevant norms;

• to provide planning consulting services; and

• to carry out works for social and public welfare.

• [Four branch offices: Shanghai (Shanghai Urban Planning and Design Research Institute); Shenzhen (Urban Planning & Design Institute of Shenzhen); Chongqing, Xiamen (Xiamen Urban Planning & Design Institute), Haikou and Shantou.]

Work range: urban planning, urban and landscape design, engineering design, engineering consulting, tourism planning, engineering surveying for heritage preservation, water-resource assessment for development projects, and architectural design and system integration for intelligent buildings. National service provider to undertake overseas projects in civil engineering surveying, consulting, design and inspection.

CAUPD is also authorised by the Academic Degrees Committee of the State Council to confer Master's Degrees in Urban Planning and to operate a postdoctoral research station. It is available for academic advanced studies.

* Red letters refers to the parts involving landscape designers.

2b. Urban and Rural Planning Institute (Provinces and cities)

Some provinces and cities have their own institute providing urban/rural planning and design, landscape design and district planning services (mainly locally). Such a type of sector is also a counterpart of landscape designers and graduates.

2c. Design and planning institute set up by China’s authoritative academic institutions

There are some universities with outstanding Landscape Architecture Design programs in China such as Tsinghua University, Beijing Forestry University, Tongji University, Southeast University and Nanjing Forestry University, etc. These academic institutions sometimes will set up their own research institute of design and planning which also provide similar services towards the society meanwhile they cultivate skilled personnel. Institute could be found like the Landscape architecture planning and design institute of Beijing forestry university (BLLA), Tsinghua Tongheng Urban Planning and Design Institute (THUPDi), The Design Institute of Landscape & Architecture China Academy of Art, etc.

Although related to specific academic institutes, this type of design and planning institutes hire eligible landscape designers or graduates all over the nation. Their business model is similar to private sectors.

PRIVATE SECTOR & COLLABORATIONS

1. Sole Proprietorship / Practitioner

If you have a large sum in hands, it would be an easy choice to register a sole proprietorship, in case you prefer to work alone and not to share a penny with others. But you'll also have to prepare for shouldering everything including the workloads, the debts, and the risks, all on your own.

2. Partnerships

If you don’t have sufficient money, or if you are afraid of the heavy pressure to run a business alone, you can set up a partnership, which is not complicated. Firstly, you need to work out the partnership agreement. Next, you should find a business office. Then, you need to apply for a license from the Business Registration Office of the Inland Revenue Department within one month of the commencement of business. And finally, you should pay the prescribed license fee.

Every partner in a firm is liable jointly with others for all debts and obligations that the firm incurred.

3. Private Companies

Another option is a company. The private limited liability company is the most common in Hong Kong. In a company, shareholders make sure a company has enough capital and earn dividends when profits are made. They aren’t liable personally for obligations incurred by other shareholders. Directors, who are appointed by the shareholders, are responsible for the daily operation of the company.

4. Collaborations

If everything goes well in the business that you set up before, you might be able to get involved in some large projects that require collaborations with other firms. There are many ways to do it, like co-ordinated groups, consortia and joint ventures. You need to be very careful when deciding or accepting to work jointly, because your dividends and responsibilities may vary in different forms of collaborations.

NGO

There is a growing interest in doing charitable work for communities or the Environment. These can be divided broadly into ‘not-for profit’ or ‘pro bono. These may be advisory or design appointments.

Non-profit legal entities can register either as a company or as a society under the Societies Ordinance via the Societies Office of the Police Department (society is the preferred structure for most informal associations and social groups). In either case, a non-profit organization must register the business with the Inland Revenue Department.

Not all non-profit organizations are charities. In Hong Kong only organizations that meet the requirements of Cap 112 Sect 88 of the Inland Revenue Ordinance are deemed to have charitable status, and thereby be exempt from tax. It is a requirement that the purposes of a Charity are ‘for the public benefit and entirely ‘charitable’ defined as:

1. relief of poverty;

2. advancement of education;

3. advancement of religion; and

4. other purposes of a charitable nature beneficial to the Hong Kong community

In NGOs related to civil construction and environmental protection, landscape designers are often doing environmental evaluation, civil parks value assessment, green area promotion and plants preservation, etc. NGOs hiring landscape designers in Hong Kong are listed but not limited as follows:

Hong Kong NGO Category https://www.hkngo.hk/hk/category/service_type

Environmental Protection Department -Non-Government Organisations

https://www.epd.gov.hk/epd/tc_chi/links/local/link_greengroups.html

Q&A QUOTES & NOTES

EMPLOYEE

- Public Sector (Hong Kong)

Q1.  Which department does not have permanent positions for landscape architects?

a) ASD

b) LandsD

c) HD

d) EPD

There are no permanent positions for landscape architects in the Environmental Protection Department.

Q2.  LCSD is responsible for designing public open space (i.e. park and country park)

a) Yes

b) No

LCSD is only responsible for managing the public open space and trees within the allocated public open space which those not included the country park. Country Park is managed by AFCD.

Q3. What does GLTMS in Development Bureau (work branch) stand for?

a) Greening, Landscaping, Tree Maintenance Section

b) Greenery, Landscape, Tree Management Section

c) Green, Landscaping, Tree Maintenance Section

d) Greening, Landscape, Tree Management Section

Q4. Which of the following statements about GLTMS in DEVB (WB) is incorrect?

a) The section underpinned by Greening and Landscape office (GLO) and Tree Management Office (TMO)

b) Issue technical circular for tree preservation

c) Maintain the Register of OLD and Valuable Trees

d) Issue guideline of proper tree survey and tree risk management

Maintain and protect the OVTs are responsible by LCSD where GLTMs only issue relevant practice notice and guideline to suggest a propers way to protect OVTs and each department and private sector need to follow the guideline.

Q5. Which of the following is not the responsibility of the Planning Department  ?

a) Involve in making Outline Zoning Plan (OZP)

b) Review Landscape Master Plan submitted by companies

c) Develop Greening Master Plans (GMP)

d) Review application of planning permission under Section 16 submitted by companies

Greening Master Plans is developed by CEDD not related to PlanD. PlanD is more related to deal with planning control such as the permission of land use, like column 1 and column 2.

- Public Sector (Mainland China)

Q6. If you are going to apply the position of Landscape Designer in Landscape architecture planning and design institute of Beijing forestry university (BLLA), which of the following is not a must?

a) Have gained relevant experience as required;

b) Graduated from Beijng Forestry University

c) Have a diploma of bachelor or master in landscape architecture design or relevant;

d) None of above.

Academic design institute will hire any eligible personnel without a must of related academic institute’s graduation certificate.

Q7. During a chat your friend told you he is in a project co-working with several international enterprises, which institute is he most probably in?

a) China Academy of Urban Planning and Design;

b) Guangdong Urban & Rural Planning and Design Institute

c)   Urban Planning & Design Institute of Shenzhen;

d)  The Design Institute of Landscape & Architecture China Academy of Art.

CAUPD is responsible for most of the international co-work projects and program including academic communication.

EMPLOYER

Q1.How much is the registration fee for a 1-year business registration certificate at the moment?

A. 0

B. 250

C. 2000

D. 5200

There is a “waiver period” from 1 April 2019 to 31 March 2020 when the IRD offers a reduction of HKD 2000 for business registration, but note that the levy is still required. For details, see https://www.ird.gov.hk/eng/pdf/brfee_waive_19-20e.pdf and https://www.ird.gov.hk/eng/pdf/brfee_table.pdf

Q2.Can you register sole proprietorship if you are not a registered landscape architect?

A. Yes

B. No

The Business Registration Office of the Inland Revenue Department does not take charge of the specific qualification requirements of business

Q3.What is/are not needed in the application for the business registration certificate?

Select one or more,

A. Residential address

B. Business address

C. A personal bank account

D. A business bank account

You can only apply for a business bank account for your practice after you receive the registration certificate. The IRD does not assess your personal during your application for a business registration certificate. For details, see https://www.ird.gov.hk/eng/tax/bre.htm

Q4.What is not needed for registering a charitable organization as a society in Hong Kong?

A. Identity documents

B. A bank statement

C. A statement of the objects of the society

D. Register of members kept in Hong Kong

Reason: The police does not require proof of any financial status. For details, see https://www.police.gov.hk/ppp_en/11_useful_info/licences/societies.html

Q5. SpongeBob and Patrick Star are planning to set up a partnership, which of the following is the correct procedure?

1.  Find a business office

2.  Pay the prescribed license fee

3.  Agree how to conduct the business

4.  Apply for a business license from the Business Registration Office of the Inland Revenue Department within one month of the commencement of business.

A) 1 – 3 – 2 - 4

B)  1 – 3 – 4 - 2

C)  3 – 1 – 4 – 2

D) 3  - 1 – 2 – 4

The correct procedure is firstly agree how to conduct the business, then find a business office. Then Apply for a business license from the Business Registration Office of the Inland Revenue Department within one month of the commencement of business. Finally pay the prescribed license fee.

Q6. In the ordinary course of business, Patrick Star accidently made a serious mistake and caused loss of firm, is SpongeBob liable for the loss?

A) Yes

B)  No

Every partner in a firm is liable jointly with the other partners for all debts and obligations of the firm incurred while he is a partner. If a partner commits a wrongful act or omission or causes any loss or injury to another person in the ordinary course of business, then all other partners are liable to the same extent as the partner committing the act or omission. However, a judgment recovered against any person liable in respect of any debt or damage shall not be a bar to an action against any other person who is jointly liable with him.

Q7. SpongeBob is one of the shareholders of a private limited liability company, which of the following statement is / are correct?

Select one or more,

A) He is responsible for the daily operation of the company

B)  He is liable personally for obligations by other shareholders

C) He will get dividend when company earn profits

D) He is able to appoint a board of directors  to manage the company

Directors are  responsible for the daily operation of the company; shareholders are not liable  personally for obligations by other shareholders.