Interpro- tation.
Orders by Governor in Council relating to heights of buildings.
(Cap. 1).
2. (0) In this Ordinance, Save where the context otherwise requires-
"building" includes the whole, or any part, of any building, arch, bridge, chimney, cookhouse, cowshed, dock, factory, garage, hangar, hoarding, latrine, lift, matshed, office, out-house, pier, shelter, shop, stable, stairs, wall, warehouse, wharf, or workshop, and any mast or pole or other structure projecting skywards;
"building works" includes any kind of building construction, site formation, drainage works, repairs, maintenance, demolition, alteration, addition and every kind of building operation, and any lighting or marking required to be provided under the provisions of this Ordinance;
"land" includes all buildings thereon ;
"owner" includes any person holding premises direct from the Crown whether under lease, licence or otherwise, any mort. gagee in possession and any person receiving the rent of any premises, solely or with another, on his own behalf or that of any person, or who would receive the same if such premises were let to a tenant, and where such owner as above defined cannot be found or ascertained or is absent from the Colony or is under disability, the agent of such owner.
(2) Any reference in this Ordinance to the safety of aircraft means the safety of aircraft using Hong Kong Airport.
PART 11.
Control of heights of buildings and lighting. and provision of aids to air navigation.
3. (1) Where in the opinion of the Governor in Council the safety of aircraft so requires, he may by order-
(a) prescribe areas within which all buildings are prohibited; (b) prescribe areas within which no building shall exceed the height specified in such order above principal datum- which expression shall have the same meaning as in the First Schedule to the Interpretation Ordinance;
(c) require to be demolished any building erected within an area in which all buildings have been prohibited by an order under paragraph (4), or require to be reduced in height, or, where reduction in height is not feasible, to be demolished, any building which does not conform with an order under paragraph (b).
(a) Where an order is made under paragraph (a) or (b) of subsection (1), it shall be published in the Gazette, and a copy thereof together with a plan of the prescribed area, signed by the Clerk of Councils, shall be deposited at the Land Office.
(3) An order under paragraphi (e) of subsection (1) shall be served upon the owner of the premises affected, and may be registered at the Land Office against the land affected by deliver- ing to the said office a memorial thereof signed by the Clerk of Councils and containing the full terms of such order.
be erected
4 No building shall be erected in any area in which No build- buildings are prohibited, and no building shall be erected above inge to the prescribed height, contrary to any order under paragraph (4) contrary or (5) of subsection (1) of section 3.
5+
to orders under section 3.
of Civil
The Director of Civil Aviation may, by notice in writing Director served on the owner of any building which is the subject of an Aviation order under paragraph (c) of subsection (1) of section 3, specify may
specify the date by which such building is to be demolished, or the height for thereof is to be reduced, in compliance with such order.
demolition or reduc- tion in height of building.
of Civil
6. (1) Where in the opinion of the Director of Civil Avia- Director tion the safety of aircraft requires the marking of any building Aviation or the provision of warning or guiding lights thereon, he shall may, by notice in writing served upon the owner of the building inform require
marking him of the marking or lights required, and call upon him to elect and in writing, within fourteen days of the date of such notice, whether lights on buildings. he desires the Government to provide the marking or lights, or whether he desires to do so himself.
(2) If the owner desires the Government to provide the mark- ing or lights, it shall be lawful for the Government to provide, and thereafter to maintain, the same.