1953-HKRS28-8-20_Part03 — Page 1

Appeal where

grant of re building

certificate

(3) No re-building certificate shall be given until the applicant has proved to the satisfaction of the Director of Public Works that he has complied with section 3B, nor until after the time for any appeal provided for by that section has expired nor, in the event of any such appeal heing made, until it has been determined.

(4) This section shall apply notwithstanding any agreement or condition that the Crown lease will not be granted until the building covenant which would bring subsection (1) into operation has been fulfilled.

(s) Nothing in this section shall be deemed to authorize any increase in the rent of the premises prior to their demolition,

38. (1) Where, pursuant to the provisions of subsection (2) of section 3A, the Director of Public Works gives notice of his intention to grant a re-

is intended, building certificate, the applicant may, within three weeks after receipt of such notice, serve in manner specified in section 32 notice in the prescribed form upon each tenant in occupation of the premises to which his application relates of the intention of the Director of Public Works to give a re-building certificate.

Second schedule, form 1.

(2) Any such tenant may, within three weeks after service upon him of such notice, appeal by way of petition to the Governor in Council against the proposal of the Director of Public Works to give a re- building certificate, and any tenant so appealing shall, within the said period, serve upon the applicant a copy of his petition.

(3) Any applicant for a re-building certificate who is served with a copy of a petition pursuant to the provisions of subsection (2) may, within fourteen days after such service, present a cross-petition to the Governor in Council, and in such event shall serve a copy of such cross-petition upon the tenant who has so appealed.

Appeal

where

gront of re building certificate is nut intended.

Second schedule, form 2

Further provisions touching appeals.

Procedure

WPHON

grant of re- building certificate. Second schedule. form 3.

30. (1) Where, pursuant to the provisions of subsection (a) of section 3A, the Director of Public Works gives notice of his intention not to give a re- building certificate, the applicant may, within three weeks after the receipt of such notion, appeal by way of petition to the Governor in Council against the pro- posal not to give a re-building certificate, and in the event of such appeal, the applicant shall, within the said period of three weeks, serve in manner specified in section 32 and in the prescribed form notice upon each tenant in occupation of the premises to which his application relates together with a copy of his petition.

(2) Any such tenant may, within fourteen days after service upon him of a copy of the notice, present a cross-petition to the Governor in Council, and in such event shall serve a copy thereof upon the applicant for the re-building certificate.

30. (1) Every petition and cross-petition to the Governor in Council under the provisions of section 3B and 3C shall be lodged with the Clerk of Councils.

(2) No person lodging a petition or cross-petition as aforesaid shall be entitled to appear before the Governor in Council, but every petition and cross- petition lodged in due time shall be taken into con- sideration by the Governor in Council who may direct that a re-building certificate be given or be not given as he may think fit in his absolute discretion.

(3) The decision of the Governor in Council shall be final.

3E. (1) Within one month after the giving of a re-building certificate by the Director of Public Works, it shall be lawful for the lessee, notwithstanding any contractual tenancy, to serve in manner specified in section 32 a notice in the prescribed form calling upon all persons in occupation of the premises peaceably to quit the same on or before the expiration of the pres cribed period of two months from the giving of the said certificate r Provided that where a contractual tenancy exists in respect of which the period of notice to be given exceeds one month the prescribed period