40
CAP. 123]
Form 41
Form 42.
Magistrate's
warrant.
Sixth Schedule.
Obligation to make good, and compensation for, damage.
Buildings
[1985 Ed.
(4) The Building Authority shall consider every objection to the relevant works made to him within the time specified in the notice and not withdrawn and, by order in the prescribed form, may, subject to such conditions as he considers necessary, authorize with or without alteration the carrying out of the relevant works.
(5) Notice of any authorization under subsection (4) or of any refusal so to authorize shall be served by the Building Authority in the prescribed form on every person required to be served with a notice under subsection (2).
(6) The person authorized under subsection (4) shall have authority to carry out the relevant works and for that purpose to enter upon any land specified in the authorization.
(7) An authorization granted under subsection (4) to any person shall be deemed also to authorize any servant or agent of that person, and the agent's servants.
(Added, 41 of 1982, s. 8)
28C. (1) If a magistrate is satisfied by evidence on oath that the entry upon any land or the carrying out or maintenance of any groundwater drainage works by any person authorized under section 28B(4) has been obstructed, he may upon application by or on behalf of the person so authorized issue a warrant in the form in the Sixth Schedule authorizing,
(a) every person so authorized before the issue of the warrant to enter upon the land on such occasions and at such times as may be necessary for the purpose for which the authorization under section 28B(4) was granted and to carry out or maintain any such authorized works; and
(b) any police officer of or above the rank of inspector and any other police officer acting under his direction to enter upon the land in company with, and for the purpose of preventing the obstruction of, any person authorized under paragraph (a), and in the execution of the warrant any such police officer may use such force as may be necessary.
(2) A copy, in the English language and in the Chinese language, of any warrant issued under subsection (1) shall be posted in a conspicuous position on the land to which it relates.
(Added, 41 of 1982, s. 8)
28D. (1) Any damage to any land entered upon under section 28B(6) or 28C(1) or to any property thereon, whether above or below ground level, caused by or resulting from the carrying out or maintenance of the relevant works shall be made good as soon as practicable by the person authorized under section 28B(4).
(2) Any person who, by reason of the carrying out or maintenance of the relevant works, suffers any loss or damage to any land or property entered upon, cut through or interfered with shall be entitled to recover compensation from the person in connexion
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