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THE HONGKONG GOVERNMENT GAZETTE, OCTOBER 4,. 1912.
No. 297.
By-laws made under Section 16 of the Public Health and Build- ings Ordinances, 1903-1911.
All by-laws originally contained in or since added to Schedule B of the Public Health and Buildings Ordinances 1903-1911 and published at page 479 of the Regulations of Hongkong 1910, under the heading "Removal of Ceilings, Stairlinings, etc.", are hereby repealed and the following by-laws substituted therefor :-
Removal of Ceilings, Stairlinings, Sv.
1. If in the opinion of the Board any area or block or blocks of buildings is or are specially liable to encourage the spread of epidemic, endemic, infectious or contagious disease, the Board may, subject to the approval of the Governor-in-Council, with a view to the prevention as far as possible of such disease, and whether any such disease exists within such area, block or blocks of buildings or not, declare that such area, block or blocks is or are subject to the provisions of these by-laws, and a notification of such de- claration shall be published in the Government Gazette, and notice of such declaration shall be posted in a conspicuous position in English and Chinese upon each building in the area. block or blocks affected by such declaration, and such notice shall be served on each owner of the property affected in manner provided by Section 37 of the Ordinance.
2. Within a period of one month from the date of the publication in the Gazette of the declaration as aforesaid the owner of every part of every building affected by the declara- tion shall (unless exemption has been granted in manner hereafter mentioned) remove from such building every ceiling and every lath and plaster or other hollow partition wall, and every hollow partition, screen, panelling, wainscotting, stairlining and other similar structure or fitting, and every skirting not constructed in accordance with Section 120 of the Ordinance.
3. The Board may, on the application of the owner or occupier of any building affected by any such declaration as aforesaid, grant to such owner or occupier exemption from compliance with all or any of the provisions of By-law 2 if in the opinion of the Board the granting of such exemption will not be prejudicial to the public' health.
4. If no such exemption as aforesaid has been granted, and the owner shall make default in complying with the provisions of By-law 2 within the prescribed period of one month, any officer of the Sanitary Department, who has been authorised by the Head of the Sanitary Department to carry out these by-laws, may enter the premises in respect of which default has been made, and may with such assistance as may be necessary remove the ceilings, walls and other structures and fittings to which By-law 2 applies.
5. The Board shall pay to the owner or occupier of any premises affected by these by-laws compensation, to be fixed by the Board, for the removal of every ceiling, wall and other structure and fitting removed under these by-laws, unless it is proved on behalf of the Board that the ceiling, wall, structure or fitting removed had been unlawfully erected or maintained in contravention of the Public Health and Buildings Ordinances,、 1903- 1911.
to cover Such compensation shall be calculated so as
the cost of making good the portions of the building damaged by such removal, including the limewashing of any exposed surface and the rebuilding of any necessary wall in materials approved by the Board, but no compensation shall be payable for any loss of rent or deterioration in the value of the property occasioned or alleged to be occasioned by the operation of these by-laws. In any case in which the amount claimed for compensation exceeds $250.00 an appeal shall lie from the decision of the Board as to the amount of the compensation to the Governor-in-Council whose decision thereon shall be final and conclusive provided however that no such appeal shall lie unless notice thereof shall have been given to the Clerk of Councils within fourteen days from the date upon which the appellant shall have been notified by the Board of any such decision as aforesaid.
6. The Board shall decide in each case whether the compensation, if any, is to be paid to the owner or to the occupier, and payment in accordance with the decision of the Board shall bar any further claim to compensation by owner or occupier, provided that
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