1949-HKRS28-8-16_Part02 — Page 46

Centificate of cost and re-

of.

(xiv) erection of supports for neighbouring properties, on payment or otherwise by the owners of such neighbouring properties of a fair proportion thereof; and

(xv) such other work as the Director may expressly specify or which may in his opinion manifest itself from time to time as becésaůty.

5. (1) The cost of clearance affected by the Director under section d'hereof shall be assessed as equitably na may be by the covery dhe Director having regard to the amount of war damage affecting any particular site and shall be certified by him and shall include an aldition not exceeding twenty-five per cent thereof in respect of the cost of supervision of the work, the cost of obtaining fenders (if any) and issuing notices, and unless already provided for In the tender or otherwise there shall be allowed as a reduction the amount that arises from the sale of materials removed from the site or such anm as appears to the Director to be fair compensation for the value of materials removed therefrom for immediate or anbaequent use by the Crown,

Ordinance No. 5 of 1929.

(2) The coal of such clearance as an certified shall constitute a first charge on the land which comprises the war damaged site as against the owner or any person into whose hands the same may come and whether or not such person be a bona file purchaser thereof for valuable consideration without notice.

(3) The certificate of such charge may be registered in the appropriate Land Office against the title of the land affected and the Land Officer shall in any particular case refuse the registration of any conveyance for money or money's worth relating to the property unless in his opinion satisfactory provision is made for the liquidation of such charge.

(4) The owner of any war damaged site and his successors in title and nasigns shall be liable to the Crown for the amount specified in such certificate up to the value of his interest in the property but not further or otherwise but together with interest at the rate of four per centum per annum from the date of such certificate to the date of payment thereof:

Provided that the Governor in Council may in such case or cases us be thinks fit waive the payment of such interest and provided that nothing in this Ordinance contained shall prevent the exercise by the Crown of any other rights for the recovery of such charge in particular the right of re-entry where that arises by deed, lease, agreement or otherwise:

And provided that if a net profit results from the sale or disposal of material removed from a war damaged site after all clearance measures that the Director deem necessary thereon have hoen effected and all charges authorised in respect thereof under this Ordinance have been leducted then the amount of such net profit shall be notified to the owner if his whereabouts can be ascertained and paid to him on request or if not requested shall be dealt with in accordance with the Unclaimed Balances Ordinance, 1929.

6.

Where the Director has reasou to suppose that by reason Breach of of a covenant or condition enforceable against him an owner has covenants to

mainoin. unfulfilled responsibilities relating to the maintenance or apkeep of a building on a war damaged site and whether the Director has taken any steps further than to declare the site n war damaged site or not, he may serve upon such owner a notification in accordance with Form No. 4 in the Schedule, with such modifica- tious as appear to be necessary, requiring the owner to state within the same period of three weeks what period bo requires to fulfil such responsibilities.

auction.

7. (1) In the event of re-entry for breach of an owner's Power to covenants in respect of non-payment of a charge certified under sell by section 5, or re-entry for breach of no owner's covenant relating to maintenance or repair of a building on a war damaged site, or if a site re-entered upon for other reasons is subsequently declared by the Director to be a war damaged site, the Director shall vanae a new lease of such land to be sold by public auction upon such terms as the Governor may approve.

(2) The price or premium realised from such auction shall be retained towards satisfaction of any charge and interest thereon and proper costs and charges in connection therewith and in connection with the auction and the balance remaining thereafter shall without prejudice to any lawful claim thereto be paid to the owner up to the extent of his interest and in the event of the owner not being traced or not making any claim shall be dealt with in accordance with the Tuclaimed Balances Ordinance, 1929,

Ordinance No. S of

(3) Notwithstanding the provisions of sub-section (1) no rgag. sale shall take place without the consent of the owner except after one month's notice of such intention has been published under the hand of the Colonial Secretary in the Gazette and not even then if a petition for relief has been presented to the Supreme Court or to the Governor in Council unless and until a decision permitting such sale has been arrived at upon such petition.

8. During the period for which this Ordinance remains in Amendment force, section 8 of the Crown Rights (Ite-entry) Ordiuauce, 1870, of Ordinance

No. + GE sball be reud as though the following words were added at the 1870. and thereof:

"but in the case of site which hag been declared to be a war damaged site by the Director of Public Works unler section 3 of the War Damaged Sites Ordinance, 1949, the Governor in Council shall in his discretion have power-

(i) in the case of an unsatisfied charge for the cost of site clearance to cause a sale by public auction of a new lease of the land to take place instead of giving relief and cause to be refunded to the owner the amount so realised less the amount of the charge and all proper charges and expenses; and

(i) in the ease of some other breach of covenant to receive representations by the owner with regard to his intention or capacity to carry out the terms under which he