Notice of and voting at meetings,
Third Schedule.
$ (!) Notice of a meeting convened under section 3 or 4 shall be served upon each owner in accordance with subsection (2) not less than fourteen days before the date of the meeting-
(a) in the case of a meeting convened by a person referred to in paragraph (a) or (b) of subsection (1) of section 3. by the convenar;
(b) in the case of a meeting convened by the owners referred to in paragraph (c) of subsection (1) of section 3. by an owner nominated by the convenors;
(e) in the case of a meeting convened in accordance with an order made under subsection (1) of section 4, by the owner directed by the court la convene the meeting. (2) Service of a notice required to be served under sub. section (1) may be effected-
(a) personally upon the owner; or
(b) by registered post addressed to the owner at his last
known address; or
(c) by leaving the same at the owner's flat.
(3) A notice required to be served under subsection (1) shall be published in one English language and one Chinese language newspaper specified in a list of newspapers issued for this pur- pose by the Secretary for Home Affairs and published in the Gazette.
(4) A notice under subsection (1) shall specify-
(a) the date, time and place of such meeting; and
(b) the resolutions which are to be proposed and, in partic- ular, the resolution for the appointment of a manage- ment committes.
(5) At a meeting convened under section 3 or 4-
(a) each owner shall, save where the deed of mutual coven- ant otherwise provides, have one vote in respect of each share which he owns:
(b) a vote may be cast either personally or by a proxy appointed in accordance with sub-paragraph (2) of para- graph 4 of the Third Schedule; and
(c) if a share is jointly owned by two or more persons, the
vote in respect of that share may be cast-
(D) by a proxy jointly appointed by the co-owners; or (ii) by one co-owner appointed by the others; or (iii) if no appointment has been made under sub- paragraph (i) or (ii) either personally or by proxy by
5
the co-owner whose name stands first in relation to that share in the register kept at the Land Office,
(6) For the purposes of subsection (5), the appointment of a proxy shall have no effect unless the instrument appointing the proxy is produced at the meeting.
6. The provisions of the Second Schedule shall have effect with respect to the composition and procedure of a management committee.
PART III.
INCORPORATION.
7. (1) A management committee appointed under section 3 or 4 shall within fourteen days of such appointment apply to the Land Officer for the registration of the owners as a corporation under this Ordinance.
(2) An application under subsection (1) shall be in such form as the Land Officer may specify and shall include the follow- ing particulars--
(a) the name of the proposed corporation, which shall be in
the form "The Incorporated Owners of
[Dermption oự boufrióng)
(b) the name (if any) and address of the building:
(c) the address of the proposed registered office of the cor-
poration; and
(4) the name and address of the chairman and secretary of
the management committee.
(3) An application under subsection (1) shall be accom- panied by the following documents-
(a) a copy of the deed of mutual covenant (if any) in respect
of the building;
(b) where an application has been made to the court under subsection (1) of section 4, a copy of the order of the court,
(c) a copy of the resolution or other document evidencing the appointment of the management committee under section 3 or 4 certified as correct by the chairman or secretary of the management committee or by the chair- man of the meeting at which the resolution was passed;
and
(d) a declaration by the chairman or secretary of the management committec, in such form as the Land Officer may specify, that the provisions of section 3 or 4 and section 5 have been complied with.
Composition
and procedure of management committec. Second Schedate.
Application by management committee for
registration of
owners a3 #
corporation.