Amendment of section 30A.
Amendment of section 40.
4.
to cause, a risk of injury to any person or damage to any property, the Building Authority may, by order in writing, require that such work as he may specify therein be carried out, to ensure that the works will cease to constitute such a risk.
(2) An order made under subsection (1)— (a) may specify-
(i) the manner in which the work specified in the order shall be carried out:
(ii) the time before which the work shall be commenced and the time by which it shall be completed:
(iii) that the work shall be carried out with due diligence to the satisfaction of the Building Authority; and
(b) shall be addressed to and served on-
G) in the case of completed works, the owner thereof; and
(i) in any other case, the person for whom the works are being carried out or his agent.
(3) If a person fails to comply with an order served on him under subsection (1), the Building Authority may, without any further notice, curry out, or cause to be carried out, such work as may be necessary to ensure that the order will be complied wich.
(4) The cost of any work carried out, or caused to be carried out, by the Building Authority under subsection (3) may be recovered by the Building Authority from the person upon whom the order was served under subsection (2).".
Section 30A of the principal Ordinance is amended in subsection (1) by deleting paragraph (6),
5. Section 40 of the principal Ordinance is amended- (a) in subsection (2) by deleting items (5), (7) and (9) from
the table,
(b) by inserting the following after subsection (2)—
"(2A) Any person for whom any building works, street works, lift works or escalator works are being carried out and any authorized architect,
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registered contractor, registered lift contractor or registered escalator contractor directly concerned with any such works who-
(c) permits or authorizes to be incorporated in or used in the carrying out of any such works any materials which—
() are defective or do not comply with the provisions of this Ordinance;
(ii) have not been mixed, prepared. applied, used, crected, constructed, placed or fixed in the manner required for such materials under this Ordinance;
(b) diverges or deviates in any material way from any work shown in a plan approved by the Building Authority under this Ordinance; or
(c) being an authorized architect or a registered contractor. fails to notify the Building Authority of the contravention of any regulation which would result from the carrying out of any work shown in a plan approved by the Building Authority under this Ordinance.
shall be guilty of an offence and shall be liable on conviction to a fine of $50,000 and to imprisonment for 2 years:
Provided that it shall be a defence in any pros- ecution for the contravention of paragraph (c) for the person charged to prove to the satisfaction of the court that he did not know, nor could reasonably have discovered, the contravention referred to in the charge.
(2B) Any person being an authorized architect or a registered contractor directly concerned with any site formation works, piling works, foundation works or other form of building works who carries out such works, or authorizes or permits such works to be carried out, in such a manner as. in the opinion of the Building Authority, will cause, or will be likely to cause, a risk of injury to any per- son or damage to any property, shall be guilty of an offence and shall be liable on conviction to a fine of $50,000 and to imprisonment for 2 years.