1955-HKRS29-8-22_Part04 — Page 23

Necessity

for consent to

COMINEN DE

building works and require

ments for such consent. Form 3.

(Cap. 255; 1953 Reprint).

Form 4.

(e) On appeal the judge may confirm, vary or reverse the decision of the Contractors' Board and may exercise any power which the Contractors' Board might have exercised:

Provided that the judge may, notwithstanding that he is of opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if he considers that no substantial miscarriage of justice has actually occurred.

(d) The decision of the judge shall be final.

PART II.

Control of Building,

9. (1) Except as otherwise provided by this Ordinance, no person shall commence or carry out building works without the consent of the Building Authority in the prescribed form. Such consent shall not be deemed-

(a) to confer any title to land; nor

(b) to act as a waiver of any term in any lease or licence; nor (c) to grant any exemption from the provisions of this

Ordinance; nor

(d) to perinit any contravention of the Landlord and Tenant

Ordinance.

(2) The Building Authority may refuse his consent to the carrying out of any building works where-

(a) he has not received-

(1) notice in writing in the prescribed form;

(ii) such plans as may be prescribed by regulations; and (iii) such other documents and information as may be so

prescribed; or

(b) the prescribed fees in respect of such plans have not been

paid:

Provided that where plans are received within twelve months of the coming into operation of this Ordinance the Building Authority may give his consent to the carrying out of building works which conform with the provisions of the Buildings (Cap. 123) Ordinance.

9

(3) In giving his consent to the carrying out of any build- ing works involving the structural use of steel, concrete or timber the Buikling Authority may, notwithstanding the provisions of any regulations, by order in writing require the building owner, authorized architect and registered contractor to comply with such conditions as he may prescribe concerning-

(a) maximum loads and stresses:

(b) tests of materials;

(c) the use of materials;

(d) standards of workmanship; and

(e) qualified supervision.

(4) The Building Authority may refuse his consent to the carrying out of any building works which would result in a new building until he has received plans in respect of the whole build- ing for such building works as in his opinion are necessary to make such building comply with the standard of structural stability and public health established from time to time by regulations.

(5) The Building Authority shall refuse his consent to the carrying out of any building works which contravene an approved plan prepared under the Town Planning Ordinance.

(6) The Building Authority may refuse his consent to the carrying out of any building works which-

(Cap. 131).

(a) do not conform with draft plans prepared under the

Town Planning Ordinance;

(Cap. 131).

(b) contravene the provisions of any other enactment; or (e) would result in a building differing in height, design, type or intended use from buildings in the immediate neighbourhood or previously existing on the same site.

(7) Upon the expiration of such time as may be prescribed by regulations from the date of receipt by the Building Authority of all the particulars referred to in subsection (a), his consent to the building works referred to in such particulars shall be deemed to have been given unless by registered post or in other sufficient manner he has notified the authorized architect-

(a) that such particulars are not such as are prescribed by

regulations; or