Building Authority's
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(3) Building works not involving the structure of any build- ing may be carried out in any building without application to or approval from the Building Authority:
Provided that nothing in this subsection shall perimit any building works to be carried out in contravention of any regulation.
29. (1) Where in the opinion of the Building Authority powers of special circumstances render it desirable he may, on receipt of an exemption. application therefor, permit by notice in writing in the prescribed
form modifications of the provisions of this Ordinance.
Form 11.
Form 10.
(Cap. 131).
(2) Every application for an exemption under this section, or section 4 (authorized architect to be appointed), or section 7 (registered contractor to be appointed) shall be in the prescribed form, and shall be considered on its own merits by the Building Authority who shall not be required to take account of exemptions granted in the past.
(3) A permit granted under this section may contain such conditions as the Building Authority shall deem necessary.
(4) No such permit shall be granted to the prejudice of the standard of structural stability and public health established from time to time by regulations.
(5) This section shall not apply to-
(4) the necessity for the Building Authority's consent under
subsection (1) of section 9; and
(b) the non-approval of plans under subsection (5) of section o of building works which do not conform with approved plans made under the Town Planning Ordinance.
(6) The breach of or failure to perform or to consent to any condition attached to a modification or exemption granted under this section shall render such modification or exemption invalid, and thereupon the purported grant of such modification exemption shall be no defence to any proceedings for non- compliance with the provisions of this Ordinance.
or
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PART VI. Appeals.
30. (1) The Governor may appoint from time to time an Establish- appeal tribunal (hereinafter referred to as the tribunal) for the ment of
appeal purpose of determining appeals by persons prejudiced by a tribunal. decision of the Building Authority in the exercise of his discretion in respect of any act, matter or thing which is by this Ordinance made subject to the exercise of such discretion (hereinafter referred to as an appeal).
(2) The tribunal shall consist of not less than three members appointed by the Governor, of whom one shall be nominated by the Building Authority, one shall be a member of the Authorized Architects Consulting Committee and one shall be appointed to represent property owners.
(3) Members of the tribunal shall be remunerated at a rate according to the amount of work, time occupied and magnitude of the interests involved, and such remuneration shall be deter- mined in each case by the Governor :
Provided that nothing in this subsection shall authorize the payment of remuneration to any person employed full time in any office of emolument under the Crown.
to hear
31. (1) Every appeal shall be determined by the tribunal by Tribusal a majority vote in the manner provided in the First Schedule: Арреді.
Provided that no appeal shall lie where the same would First involve interference with building works already commenced at the time of lodging such appeal.
(2) For the purposes of such determination the tribunal shall have all such powers as are vested in the Supreme Court in respect of-
(a) enforcing the attendance of witnesses and examining them
upon oath or otherwise;
(b) compelling the production of documents;
(c) ordering an inspection of premises; and
(d) entering upon and viewing premises.
Schedule.
32. Where the Building Authority is given notice of appeal Stay of
in the manner prescribed in the First Schedule he shall not carry exercise of
out nor permit the carrying out of the decision to which such appeal relates until such appeal has been determined:
powera.