1955-HKRS28-8-22_Part04 — Page 28

(Vol. VII, P. 44).

Naming of streets and numbering of buildings.

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(2) Where in the opinion of the Building Authority the public interest so requires he may-

(a) by order in writing served on the owner of the building any part of which projects, or attached to which is any projection, over any street or unleased Crown land require the alteration or removal of such projection within three months from the service of the order or within such lesser period as the Building Authority may deem neces- sary in the circumstances; or

(b) carry out or cause to be carried out such alteration or removal and, except in the case of a projection over a street held on lease from the Crown, recover the cost thereof from such owner.

(3) Where--

(a) no exemption is granted by the Building Authority under section zg for the re-erection over or upon any portion of a street held on lease from the Crown of a building which had been so built under the provisions of this or any earlier enactment; or

(b) the Building Authority exercises his power under sub- section (a) to require the alteration or removal of, or alters or removes any projection built under the provisions of this or any earlier enactment over such a street, compensation shall be paid by the Government to the owner of such building.

(4) Any dispute as to whether any compensation is payable or as to the amount of such compensation shall, in default of agreement, be determined by arbitration in accordance with the provisions of Order XXV of the Code of Civil Procedure.

22. (1) The Building Authority may affix to or paint or cause to be affixed to or painted on any building which fronts or abuis on any street the name of such street.

(2) The Building Authority may by an order in writing served on the owner of any building which fronts or abuts on any street require such building to be marked with the number allocated by, and in such manner as may be prescribed by the

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competent authority for the purpose of distinguishing such building. For the purposes of this subsection the competent authority shall be-

(a) in the case of the island of Hong Kong, Aplichau, Kowloon and New Kowloon, the Commissioner of Rating and Valuation;

(b) in the case of the New Territories (not including New

Kowloon), the District Commissioner, New Territories.

(3) No person shall obscure or deface any street name or building number.

of costs of works by

23. (1) In any case where under this Ordinance the Building Recovery Authority is authorized to recover the cost of works carried out by him or caused to be carried out by him, he may certify under Building his hand the cost due and names of the persons liable therefor, Authority. and may by such certificate apportion such cost among such persons.

(2) Such cost may include-

(a) the cost of materials supplied by the Building Authority

for the purpose of carrying out such works; and (b) supervision charges.

(3) A copy of the Building Authority's certificate shall be served upon each person affected thereby.

(4) Interest at the rate of ten per cent per annum from the expiry of one month from the date of such service shall be recover- able as part of such cost.

(5) The payment of such cost by any person shall be without prejudice to his right to recover the same from any person liable to pay the expenses of the repair of, or of other building works in connexion with, any building.

(6) Without prejudice to any other remedy of the Building Authority for the recovery of such cost, the Building Authority may recover the same by action in the District Court where the amount claimed does not exceed five thousand dollars, and in the Supreme Court where the amount claimed does exceed this sumE, under the provisions of this section.