378
THE HONGKONG GOVERNMENT GAZETTE, 4TH MAY; 1889.
Power of Governor to make rules.
18. The Governor in Council may from time to time make and when made, revoke, alter or add to all rules or regulations necessary for carrying out this Ordinance, and such rules and regulations shall have the force of law when published in the Government Gazette. •
Passed the Legislative Council of Hongkong, this 12th day of April, 1889.
ARATHOON SETH, Clerk of Councils.
Assented to by His Excellency the Governor, the 18th day of April, 1889.
FREDERICK STEWART, Colonial Secretary.
Title.
Preamble.
Short title
Repeal.
New Build- ings.
Contracts.
Government Buildings.
Kights or Liabilities between Landlord And Tenaut.
No. 15 OF 1889.
An Ordinance enacted by the Governor of Hong- kong, with the advice and consent of the Legis- lative Council thereof, for amending the Laws relating to the construction of Buildings in the Colony of Hongkong.
LS
G. WILLIAM DES VOUX.
[2nd May, 1889.]
WHEREAS it is expedient to amend the Laws relating
to Buildings in this Colony: Be it therefore enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:-
1. This Ordinance may be cited for all purposes as The Buildings Ordinance, 1889.
2. Ordinance No. 8 of 1856 is hereby ropealed except as to legal Proceedings commenced before the passing of this Ordinance, and except also as to buildings in course of construction of which the enclosing walls shall have been carried higher than the footings at the time of the commencement of this Ordinance. Every such building may be completed as if this Ordinance had not been passed. A building shall be deemed to be completed after the roof shall have been covered in.
3. The provisions relating to the construction of build- ings except as hereinafter specially provided shall apply only to buildings which are begun after the commencement of this Ordinance, or of which the enclosing walls have not been carried higher than the footings, or to such old buildings as-shall for the purposes of reconstruction be taken down to an extent which in the opinion of the Sur- ́ veyor General exceeds one half (such half to be measured in cubic feet) and all buildings described in this section shall be deemed to be new buildings.
4. Any Contract, made before the passing of this Ordinance, for the erection of any building which shall not have been carried higher than the footings at the time of the passing of this Ordinance, shall be carried into effect in the same manner as if this Ordinance had been passed at the time of the making thereof, and the necessary devia- tions from the terms of such contract may be made ac- cordingly: Provided that the extra cost (if any) of such necessary deviations shall be borne by the Party to such contract for whom the building is erected who may never- theless in lien thereof within Ten Days after the passing of this Ordinance cancel such contracts upon paying to the other Party, the value of the Work and Labor done and Materials supplied thereunder. Whenever any build- ing-contract shall be so cancelled, every sub-contract shall also be thereby cancelled upon the same terms.
5. The provisions of this Ordinance with reference to the rules for the construction of buildings shall not apply to buildings belonging to the Colonial Government, or to buildings upon any Land vested in any Person on behalf of the Naval or Military Departments of Her Majesty's Service, but all the provisions in relation to inflammable structures,. to hoardings, and scaffoldings, and verandahs shall apply without exception to all buildings throughout the Colony.
6. Nothing herein contained shall vary or affect the Rights or Liabilities as between Landlord and Tenant under any contract between them.