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ARE YOU A LANDSCAPE ARCHITECT?
Are you a landscape architect?: Welcome
OUR GAME!
Hello everyone! Welcome to the TV show- the Millionaire. In this game, we’re all going to help Matthew with answering the questions, to see how much money we can earn for him. There’ll be a series of 8 topics - and after knowing these topics, we’re sure that you guys are all going to be one step closer to be a landscape architect.
Are you a landscape architect?: About
1.0 WHAT IS A PROFESSIONAL?
2.0 OBLIGATIONS OF THE LANDSCAPE ARCHITECT BEYOND HONG KONG
3.0 CODE OF PROFESSIONAL CONDUCT
4.0 THE IMPORTANCE OF PROFESSIONAL ETHICS
5.0 CONTINUING PROFESSIONAL DEVELOPMENT (CPD)
6.0 CATEGORIES OF RESPONSIBILITY
7.0 PROFESSIONAL LIABILITIES OF A LANDSCAPE ARCHITECT
8.0 LIABILITY MITIGATION
Are you a landscape architect?: Courses
Are you a landscape architect?: News
EXPLANATION 1.1
Answer: C
Written Examination + Oral Test
Part 1: A written test of pre-determined extent and content, conducted at a time and date set by the Board of Examiners (details per Addendum I) and
Part 2: An oral test conducted by a minimum of two selected members of the Board of Examiners (details per Addendum II), at a time following the completion of Part 1.
Content of the Exam:
Part I - Written Examination of the PPE - shall consist of:
(a) 50 Multiple Choice Questions and
(b) 10 Essay/Note type Questions in pairs, offering a choice between “either” one “or” the other.
The candidates are expected to answer all of the questions under (a) and five of the questions under (b) within a time limit of 3 and 1/2 hours. The total complement of questions will cover the entire syllabus as promulgated by the HKILA.
Examination Syllabus:
The syllabus of the examination is contained in the following general headings:
Section 1 – Professional responsibilities, liabilities, and ethics
Section 2 – Legal system and development control
Section 3 – Professional practice management
Section 4 – Construction contracts, and pre-tender & tendering procedures
Section 5 – Contract administration
Eligibility for admission to the PPE (Professional Practice Examination):
To be accepted as a candidate for taking the PPE an applicant must have:
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attained the age of 23,
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been an Associate Member of the HKILA for at least 12 months,
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an accredited academic qualification in Landscape Architecture (for details see the Accreditation Policy Paper)
Completed a minimum of two years approved professional practice experience in the field of Landscape Architecture, of which one year must have been undertaken within the Territory Hong Kong immediately prior to taking the PPE and, submitted a Practical Training Record (PTR) covering the two years.
Summary of Projects:
Are you a landscape architect?: Programs
EXPLANATION 1.2
Answer: D
2
Registered Practice in Hong Kong:
Government Bureau and Departments with Landscape Teams:
Development Bureau 發展局
Architectural Services Department 建築署
Civil Engineering and Development Department 土木工程拓展署
Drainage Services Department 渠務署
Highways Department 路政署
Housing Department 房屋署
Lands Department 地政總署
Planning Department 規劃署
Water Supplies Department 水務署
About LARB & LARO:
The Landscape Architects Registration Board (LARB) of Hong Kong was established on 10 September 1997 under the Landscape Architects Registration Ordinance - Cap. 516 (LARO). The Ordinance is written to provide for the registration of professional landscape architects and disciplinary control of the professional activities of registered professional landscape architects, and for related matters.
Are you a landscape architect?: Programs
EXPLANATION 2.1
Answer: A
Yes!
With HKILA accreditation, you can be a landscape architect outside of Hong Kong, but only in...
The MLA programme is a specialized, professional degree, designed to lead directly to a professional qualification and registration in landscape architecture. The programme has been accredited by the Hong Kong Institute of Landscape Architects (HKILA).
HKILA has reciprocal membership rights with the Australian Institute of Landscape Architects (AILA) and the New Zealand Institute of Landscape Architects (NZILA).
Professional practice examination may be exempted.
Want to be a chartered landscape architect elsewhere?
USA: Attain bachelor / master degree accredited by LAAB *some states provide flexibility for educational background*, 2-4 years work experience, LARE examination
UK: Attain bachelor (3-year) and master degree (1-year) accredited by Landscape Institute, or a postgraduate ‘conversion’ masters (2-year), 1-2 year work experience, chartership exam
Netherlands: Assessment qualification of degree obtained in HK can be requested to decide whether a professional traineeship has to be completed
Japan: Attain degree accredited by Japan Institute of Landscape Architecture, 2-3 years on-the-job-training, qualification recognition examination
China: No license available
Taiwan: No license available
Useful links in getting qualifications in foreign countries:
USA: https://www.asla.org/uploadedFiles/CMS/Government_Affairs/Licensure_One-sheet.pdf
UK: https://www.landscapeinstitute.org/member-content/chartership-exam/
Netherlands: https://www.architectenregister.nl/en/i-would-like-to-register/i-have-a-degree-from-another-country/
Japan: https://www.jila-zouen.org/
China: http://www.chsla.org.cn/
Taiwan: http://www.landscape.org.tw/about
Are you a landscape architect?: Programs
EXPLANATION 2.2
Answer: C
To be chartered internationally.
What is International Federation of Landscape Architects (IFLA)?
IFLA officially represents the world body of landscape architects through its member associations and regions and in both governmental and non-governmental organizations, that covers 5 sub-regions with 77 countries. Policies are developed collaboratively among the 5 sub-region committees and are presented to the World Council each year discussing the imminent issues faced by landscape architects globally.
Human-wildlife conflict has been a wicked problem in HK’s urban planning:
Instead of being drowned in the problem and context of HK, IFLA allows voices from all around the world to gather, and evoke landscape-based solutions appropriated globally.
Are you a landscape architect?: Programs
EXPLANATION 3.1
Answer: C
Members shall agree with their client at the beginning in oral form of terms and conditions.
Code of Professional Conduct is a guideline to give recommendations on behavior restriction for HKILA Members, including 4 aspects with 22 items in all.
1.Professional Attitudes
2. Responsibilities to the Society and Clients
3. Professional Colleagues
4. Landscape and Environment
Responsibilities to the Society and Clients: CPC No.10 item:
Members shall agree with their client, in writing, at the outset of a commission, the terms and conditions for the professional services to be supplied.
Are you a landscape architect?: Programs
EXPLANATION 3.2
Answer: A
Yes, they can. But the information presented is factual, relevant, and neither misleading nor discreditable to the profession.
Professional Colleagues: CPC No.14 item:
Members may promote and advertise their services provided always that the information presented is factual, relevant, and neither misleading nor discreditable to the profession.
You can download this in the website of HKILA:
https://www.hkila.com/useful-resources/
https://www.hkila.com/wp-content/uploads/2020/07/news-pdf320.pdf
Are you a landscape architect?: Programs
EXPLANATION 4.1
Answer: D
Construction debris
Landscape and Environment
- Recognize and conserve the cultural and historical context and the ecosystem to which the landscape belongs when generating design, planning and management proposals;
- Develop, use and specify materials, products and processes which exemplify the principles of sustainable management and landscape regeneration;
- Advocate values that support human health, environmental protection and biodiversity.
Are you a landscape architect?: Programs
EXPLANATION 4.2
Answer: D
Construction debris
Landscape and Environment
- Recognize and conserve the cultural and historical context and the ecosystem to which the landscape belongs when generating design, planning and management proposals;
- Develop, use and specify materials, products and processes which exemplify the principles of sustainable management and landscape regeneration;
- Advocate values that support human health, environmental protection and biodiversity.
Are you a landscape architect?: Programs
EXPLANATION 5.1
Answer: C
12 CPD Points
What is CPD?
Introduction:
To encourage landscape architects to deepen their knowledge and skills. This should be a normal part of the professional culture of all landscape architects irrespective of their level and area of practice.
Objective:
To encourage all members to implement and maintain a Personal CPD Plan that provides a balanced development of professional knowledge and skills.
Definition:
The systematic maintenance, improvement and broadening of knowledge and skills and the development of personal qualities.
The points scheme for measuring CPD activity:
Level 1 activity category: 2.0 points per contact hour
Level 2 activity category: 1.0 points per contact hour
Level 3 activity category: 0.5 points per contact hour
Level 1:
Academic education, leading to an examinable/assessable product, leading to refereed publication and contributing to the knowledge. The modes: full time, part time, sandwich, distance education, concentrated short/single topic course.
Level2:
Institute or professional organization training courses. These include conferences, seminars, workshops, colloquiums or certified training.
Level3:
Skill enhancement or information gathering. Include: study tours, visiting exhibitions, attendance at public lectures, seminars, and professional representation.
Personal CPD Plan:
The Personal CPD Plan is designed to ensure attention to all facets of professional development in a
recurrent and balanced way. Major topic areas for balanced professional development include 8 topic areas.
1. practice, contract and environmental law, administration and management (regulations)
2. technology, materials, techniques and documentation (constructions)
3. planning and design theory (theory)
4. natural sciences and environmental management (environment)
5. cultural/heritage landscape and social issues (social)
6. community participation and general communication processes and skills (community)
7. Institute works (institute)
8. Others
Are you a landscape architect?: Programs
EXPLANATION 5.2
Answer: D
Fellow & Professional Members
CPD is a mandatory requirement of all HKILA Fellow and Professional Members starting from 1st April 2003.
It is not mandatory for Associate Members but members are required to submit their Personal CPD Plan with each membership renewal and are strongly urged to participate in full CPD activities as this will substantially contribute to their progression to Professional membership.
AND, if the Personal CPD Plan of a member is found unacceptable, Fellow or Professional membership to HKILA is withdrawn and the member is registered as an Associate member until such time as an acceptable Personal CPD Plan is submitted.
Are you a landscape architect?: Programs
EXPLANATION 6.1
Answer: B
Having disclosed information of clients
Conflicts of Interest
Conflicts of interest can arise between yourself and your client either directly or through the actions of a third party. Typical situations where conflicts of interests may arise include:
• Holding an interest in another party by which you might gain unfair advantage (direct or indirect) contractor / neighbour / supplier / client
• Having privileged information – e.g. undisclosed information on adjoining sites which might benefit planning submissions, or privileged information regarding the fortunes of your client which might be used for financial gain
• Endorsement of proprietary products in return for a fee or discount on the product
• Contractor alternative of using a cheaper product when fees are percentage based (more time for yourselves in assessing and redesigning / less fee)
Are you a landscape architect?: Programs
EXPLANATION 6.2
Answer: B
No
The finalist in the Victoria Harbour Waterfront Public Furniture Design Competition, "Playing Circle", also has a circular wave design, which is alleged to be similar to the winning work of a competition by the New York Architectural League. The competition stipulates that if infringement of intellectual property rights will be disqualified, if some parts of the design involve third-party intellectual property rights, it is necessary to declare that it has been authorized by the owner of the intellectual property rights, and a statement must be signed when submitting.
Copyright
Under the Copyright Ordinance (Cap. 528), the copyright of all designs / special innovations / artwork / photos etc. is vested with the designer or originator of the work, unless expressly agreed within the contract. Clients usually only have the right to use the design for the project that it was designed for i.e. they can’t carry forward into other projects without permission / payment of any required fee.
Are you a landscape architect?: Programs
EXPLANATION 7.1
Answer: D
A person died from sudden heart disease, because he was too excited when playing cards on a table in a park
Answer D is right because heart disease is due to personal disease and it can happen anywhere. We may sign a contract without reading carefully, especially when a contract document is too long to read or we feel that it is mandatory to sign a contract to do something. Stop and read carefully before you sign because some illegal terms might be harmful to your personal rights especially your life. There are some terms written in the law of Hong Kong to limit ‘Negligence liability’.
Negligence liability ---- section 7, Cap 71, the Laws of Hong Kong
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A person CANNOT by reference to any contract term or to a notice given to persons generally or to particular persons exclude or restrict his liability for death or personal injury resulting from negligence.
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In the case of other loss or damage, a person CANNOT so exclude or restrict his liability for negligence except insofar as the term or notice satisfies the requirement of reasonableness.
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Where a contract term or notice purports to exclude or restrict liability for negligence a person’s agreement to or awareness of it is NOT of itself to be taken as indicating his voluntary acceptance of any risk.
EXPLANATION 8.1
Answer: D
Use laws to protect your rights
Law is the most powerful weapon to protect our rights against unreliability and equity. So, what should you do when facing the situation of breaching a contract? ‘Liability arising in contract’ applies between contracting parties where one of them deals as a consumer or on the other’s written standard terms of business.
liability arising in contract ----- section 8, Cap 71, the Laws of Hong Kong
As against that party, the other CANNOT by reference to any contract term
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when himself in breach of contract, exclude or restrict any liability of his in respect of the breach; or
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claim to be entitled
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to render a contractual performance substantially different from that which was reasonably expected of him; or
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in respect of the whole or any part of his contractual obligation, to render no performance at all,
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except in so far as (in any of the cases mentioned above in this subsection) the contract term satisfies the requirement of reasonableness..
What will you do next? Probably, you will take action against the break of contract. However, be careful of the limitation of action taking in Hong Kong’s law to securely protect your benefit on time.
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Limitation of actions of contract and tort, and certain other actions ----- Cap 347, the laws of Hong Kong
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actions shall not be brought after the expiration of 6 years from the date on which the cause of action accrued
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actions founded on simple contract or on tort
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actions to enforce a recognizance
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actions to enforce an award, where the submission is not by an instrument under seal.
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