determined by the Authority with the prior approval of the Governor. The terms, covenants and conditions of sale will be determined by the Authority subject to the conditions of the Crown lease.
Clause 4 (new section 17 A(3))
9
The Authority will determine the kinds or classes of persons to be eligible to purchase flats under the Home Ownership Scheme. It should be noted that the decision of the Authority will be subject to the directions of the Governor.
Clause 4 (new section 17 B)
10
The new section 17B gives effect to the restriction whereby Home Ownership flat purchasers cannot sell to third parties within the first 5 years without first offering to the Housing Authority at the original sale price less any dues. This clause will prevent any person from obtaining a valid title to such a flat by making all such assignments or agreements void unless they are in accordance with the Agreement for Sale and Pruchase and/or the Deed of Assignment.
Clause 5
11
Section 18 of the Housing Ordinance exempts all public rented housing estates from the Buildings Ordinance on the ground that the Housing Authority has the capability to manage its property efficiently. Because of the implications of lack of reasonable control in housing estates, abuses against the Buildings Ordinance must be detected and put right as soon as possible. However, different considerations apply when the Housing Authority sells flats to owners. It was agreed that because of the Authority's high standards of control and supervision (and partly to minimise delays), the Buildings Ordinance should not apply to buildings built by the Authority during the construction period. The new subsection (2) in clause 5 gives effect to the above. It is however necessary that the Buildings Ordinance should apply to buildings any part of which is sold after the construction of the buildings has been completed. On completion of buildings for Home Ownership, the Authority would notify the Building Authority and issue non-statutory certificate similar to the Occupation Permit. If an owner (including the Housing Authority) wished to carry out alterations subsequent to the completion of the building, he would have to comply with the provisions of the Buildings Ordinance. The other provisions of the Buildings Ordinance will also apply to such buildings (clause 5, new subsection (3)).
CONFIDENTIAL