5
General power to issue certificates of exemption in respect of building works.
Special power to issue certificates of exemption in respect of building works.
Determination of indigenous villager.
Site formation
works and drainage works.
Effect of certificate
of exemption.
(Cap. 123.)
(Cap. 123.)
First Schedule.
PART III
CERTIFICATES OF EXEMPTION
4. The Director may issue a certificate of exemption in respect of any building works in the New Territories.
5.
The Director may issue a certificate of exemption in respect of building works in the New Territories-
(a) for a building to be built by an indigenous villager and to be used for
non-industrial purposes;
(b) for a building to be built by a community organization for the use of the
community;
(c) for a building to be built on agricultural land and to be used solely for
agricultural purposes;
(d) for the replacement of a temporary structure in the New Territories.
6. (1) The Director may, for the purposes of section 5(a), treat a person as an indigenous villager if he is satisfied that that person's connexion with a recognized village in the New Territories is sufficient to treat him as an indigenous villager.
(2) The Director shall keep a list of villages recognized by him for the purposes of subsection (1).
7.
Where the Director has issued a certificate of exemption under section 4 or 5
he may also issue-
(a) a certificate of exemption in respect of site formation works;
(b) a certificate of exemption in respect of drainage works.
8. (1) Subject to subsection (2) and to compliance with any conditions imposed by the Director under section 10-
(a) sections 4, 9, 14, 21 and 30 of the Buildings Ordinance and the regulations
made under that Ordinance shall not apply-
(i) in respect of building works or site formation works; and
(ii) for any building,
specified in a certificate of exemption; and
(b) the provisions and regulations mentioned in paragraph (a) and section 28 of
the Buildings Ordinance shall not apply—
(i) in respect of any drainage works; and
(ii) for any building,
specified in a certificate of exemption,
carried out by or on behalf of the person named in that certificate of exemption.
(2) Subsection (1) shall not apply in relation to a certificate of exemption issued under section 4 or 5 in respect of a building of greater dimensions than the building described-
(a) in the case of—
(i) a certificate of exemption in respect of village housing;
(ii) a certificate of exemption in respect of community use; or
(iii) a certificate of exemption granted under section 4,
in Part I of the First Schedule;
(b) in the case of a certificate of exemption in respect of agricultural use, in
Part II of the First Schedule; or
(c) in the case of a certificate of exemption in respect of replacement housing, in
Part III of the First Schedule.
9.
Any certificate of exemption issued under this Ordinance shall be in writing Certificates to be In a form determined by the Director.
in writing.
10. The Director may issue a certificate of exemption subject to such conditions Director may relating to safety and health or such other reasonable conditions as he may impose impose and any such conditions shall be recorded on the certificate of exemption.
conditions.
11. For the purpose of any proceedings under this Ordinance a document Proof of issue of purporting to be a copy of a certificate of exemption and purporting to be certified to certificate.
be a true copy by the Director or any District Lands Officer shall be received in evidence on its production without further proof, and—
(a) until the contrary is proved, it shall be presumed that-
(i) the document is a true copy of the certificate of exemption; and
(ii) the person who certified the document was, as the case may be, the Director or a District Lands Officer; and
(b) such document shall be prima facie evidence of all matters contained
therein.
12. The powers of the Director under this Ordinance, other than his powers under section 4 or 6, may be exercised on his behalf by any District Lands Officer of a District in the New Territories.
Powers of Director may be exercised by District Lands Officer.
13. (1) The Buildings Ordinance (Application to the New Territories) Ordin- Repeal and ance is repealed.
revocation. (Cap. 322.)
(2) The Buildings Ordinance (Application to the New Territories) Regulations (Cap. 322, are revoked.
sub. leg.)
14. Notwithstanding the repeal of the Buildings Ordinance (Application to the Transitional. New Territories) Ordinance and the Buildings Ordinance (Application to the New (Cap. 322.) Territories) Regulations by section 13, that Ordinance and those regulations shall (Cap. 322, continue to apply to any building works, site formation works or drainage works to sub. leg.) which that Ordinance and those regulations applied immediately before their repeal, and which are in course of being carried out at the commencement of this Ordinance.
15. The Ordinances set out in the Second Schedule are amended in the manner Consequential set out therein.
FIRST SCHEDULE
CONDITIONS
PART I
Certificate of exemption in respect of village housing or
community use, or issued under section 4
[s. 8(2).]
1. (1) The building, when constructed, will be a building of not more than 3 storeys and
(a) of a height of more than 7.62 m but not more than 8.23 m and with a roofed-over area not exceeding 65.03 m2, and in respect of which the thickness of cach load-bearing wall-
(i) in the case of a load-bearing reinforced concrete wall is not less than 175 mm thick; or
(ii) of the lowest storey is in the case of a load-bearing brick wall not less than 340 mm; and
(iii) of any higher storey is in the case of a load-bearing brick wall not less than 225 mm; or
amendments. Second Schedule.