JN
WEDNESDAY, JULY 2, 1936
LOOPHOLES IN NT VILLAGE HOUSING LAW BEING CLOSED
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A BILL TO REPEAL LEGISLATION ON VILLAGE HOUSES IN THE NEW TERRITORIES, TO RECTIFY DEFECTS AND LOOPHOLES, WAS INTRODUCED INTO THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).
THE SECRETARY FOR LANDS AND WORKS, THE HON NICKY CHAN, MOVING THE SECOND READING OF THE BUILDINGS ORDINANCE (APPLICATION TO THE NEW TERRITORIES) BILL 1986, SAID THE BILL WAS INTENDED TO REPLACE THE BUILDINGS ORDINANCE (APPLICATION TO THE NEW TERRITORIES) ORDINANCE AND REGULATIONS WHICH HAD NOT PROVED SATISFACTORY.
THE PRESENT ORDINANCE, HE TOLD THE COUNCIL, DID NOT SPECIFY THAT EXEMPTIONS FROM THE BUILDINGS ORDINANCE PROCEDURES AND REQUIREMENTS APPLIED ONLY TO INDIGENOUS VILLAGERS UNDER THE SMALL HOUSE POLICY, WITH THE RESULT THAT A LARGE NUMBER OF BUILDINGS ERECTED BY NON-INDIGENOUS VILLAGERS HAD ALSO BEEN EXEMPT.
SECONDLY, ALTHOUGH IT WAS NEVER INTENDED, SITE FORMATION AND DRAINAGE WORKS HAD BEEN AUTOMATICALLY EXEMPT BECAUSE TERMS SUCH AS 'BUILDING WORKS' WERE LOOSELY DEFINED.
+THE MAIN PURPOSE OF THIS BILL IS TO RECTIFY THE DEFECTS AND LOOPHOLES IDENTIFIED IN THE CURRENT LEGISLATION,
HE SAID.
CLAUSE FIVE OF THE BILL SPECIFIED THAT AS A PREREQUISITE FOR EXEMPTION, THE BUILDING MUST BE BUILT BY AN INDIGENOUS VILLAGER,
OTHER STRUCTURES WHICH WOULD ALSO BE EXEMPT WOULD BE THOSE ERECTED BY BONA FIDE ORGANISATIONS FOR COMMUNITY USE, STRUCTURES ERECTED ON AGRICULTURAL LAND FOR AGRICULTURAL PURPOSES AND SMALL TEMPORARY DOMESTIC STRUCTURES FOR WHICH PERMISSION TO REBUILD HAD BEEN GIVEN.
MR CHAN SAID THAT TO ENSURE SITE FORMATION AND DRAINAGE WORKS WERE NOT AUTOMATICALLY EXEMPT, THE TERM BUILDING WORKS' HAD BEEN MORE PRECISELY DEFINED AND CERTIFICATES OF EXEMPTION WOULD BE
ISSUED SEPARATELY FOR SITE FORMATION AND DRAINAGE WORKS TO SAFEGUARD THE HEALTH AND SAFETY OF VILLAGERS.
HE SAID THE OPPORTUNITY HAD ALSO BEEN TAKEN TO INCREASE THE PERMITTED HEIGHT OF VILLAGE HOUSES FROM 7.62 METRES (25 FEET) TO 8.23 METRES (27 FEET) TO ENABLE THREE-STOREY HOUSES WITH REASONABLE CEILING HEIGHT AND VENTILATION TO BE BUILT.
+VILLAGE HOUSES ALREADY BUILT TO THE NEW HEIGHT BEFORE THE ENACTMENT OF THIS NEW ORDINANCE WILL BE DEALT WITH ON AN INDIVIDUAL BASIS BY THE DIRECTOR OF BUILDINGS AND LANDS, MR CHAN SAID.
LETTERS OF TOLERATION WOULD BE ISSUED AND A TOLERATION FEE LEVIED ACCORDING TO THE DEGREE OF CONTRAVENTION, UP TO A MAXIMUM OF $10 000.
+ IF THE VILLAGER IS ABLE TO DEMONSTRATE THAT THE BUILDING COMPLIES IN ALL RESPECTS WITH THE REQUIREMENTS OF THE NEW ORDINANCE, NO PENALTIES WILL BE CHARGED, HE SAID.
C
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