Urban Council
may grant permits
to erect
buildings in
resettle- ment Area, (Cap. 123)
General conditiona
in Schedule and any special
4. (1) The Buildings Ordinance shall not apply to any resettlement area and the Urban Council may, in its discretion, by permit under the hand of the secretary, authorize the erection therein of buildings and structures and, subject to the instructions of the Governor in Council, may charge such fees therefor as it may deem fit. All such fees shall be paid into general revenue.
(2) Every such permit shall state on the face of it that it is determinable upon breach of the general and special conditions endorsed thereon and that if it is lawfully so determined there shall be no right to refund of any part of the fee paid for the grant thereof or in consideration therefor and no right to compensation in respect of anything done by the permittee on the premises including the erection of any structure thereon or any expenditure of money thereon,
(3) Notwithstanding the inclusion in any permit of the provision in paragraph (2), compensation shall be paid in the circumstances and to the extent mentioned in regulation 7 and the Governor in Council may in any particular case upon any petition under regulation g or upon the recommendation of the Urban Council direct that an ex gratia grant be made to any person whose permit has been cancelled,
8. The general conditions in the Schedule hereto or such general conditions as the Governor in Council may from time to time substitute therefor shall apply to any such permit and the Urban Council may also in its discretion attach to any permit imposed by such special conditions as appear 10 it to be convenient or Urban
appropriate to any particular case or class of cases and are not inconsistent with the provisions of these regulations.
conditions
Council to
apply to
permita.
Urban Council
may walve
breach of conditions.
I'rocedure upon cancella-
tion of permit.
6. Notwithstanding that by reason of breach of any general or special condition a permit becomes liable to revocation it shall be lawful for the Urban Council in its discretion to waive such breach and to refrain from cancelling such permit.
7. If in any case the Urban Council lawfully cancels any permit for breach of condition or by giving such notice as may be provided for then the permittee shall as from the date from which such cancellation takes effect become liable to eviction from the premises and after the Council has caused him to be informed whether verbally or otherwise that the permit has been cancelled the following provisions shall apply--
(a) if the permittee or any person who is on the premises without authority fails on request of the Urban Council
3
or of any authorized officer to quit the premises the Lirban Council may use all such force as may be reason- ably necessary to evict such permince or any such person from the resettlement area and may to that end invoke the assistance of the Police and of any authorized officer;
(b) if the Urban Council is of opinion that any building or structure on ilic premises is dangerous or insanitary or likely to become dangerous or insanitary and that such condition whether actual or apprehended cannot be remedied without incurring such expense as in all the circumstances of the case would be unreasonable, or if the Urban Council is of opinion that any such building or structure may be removed without damage to the building or structure occupied by another permittec or to part of such building or structure and the building or structure is of such a type that the permittee could without undue hardship or expense remove it and erect it elsewhere, then and in every such case the Urban Council may in its discretion call upon the permittee to demolish and remove such structure or building within such time as the Council may in its discretion specify, in which event such permittee shall be afforded such access to the premises as may be necessary for demolition and removal, and after the specified time the Urban Council sha|| cause such dangerous or insanitary structure to be demolished or removed;
(c) if the discretion conferred by paragraph (b) is inapplic- able or is not exercised then the Urban Council shall, after taking such steps to remedy the condition of the building or structure us it shall deem necessary, endeavour to grant a fresh permit of the premises to a person of whom it approves ;
(d) if the Urban Council succeeds in granting a fresh permit as mentioned in paragraph (c) then it shall, after deduc- tion of the expenses, if any, incurred by the Council in remedying the condition of the building or structure as aforesaid, pay such part of the consideration for the grant thereof as in its opinion is reasonably attributable to the presence on the premises of the building or structure erected thereon to the permittee who has been evicted :
Provided that so long as the Urban Council shall have notified the permittee of the provisions of this regulation it shall