1955-HKRS29-8-22_Part04 — Page 26

Closure Order.

(Cap. 255, 1963 Reprint).

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after such notice, and so far as it is in the opinion of the Building Authority attributable to such emergency the cost thereof shall be recoverable from the owner. The decision of the Building Authority that the particular case is one of emergency shall be final and binding on all persons.

18. (1) Upon the application of-

(a) the Building Authority where in his opinion any building

is dangerous or liable to become dangerous; or

(6) the owner-

(1) where a notice has been served upon him by the Building Authority requiring closure of a building under section 17; or

(ii) where the Building Authority has supplied a cer- tificate to him showing that a building should be closed in order to enable building works to be carried out with- out danger to the occupiers or to the public,

a magistrate shall on being satisfied that notice has been given in accordance with the provisions of subsection (2) make a Closure Order:

Provided that nothing in sub-paragraph (ii) of paragraph (b) of this subsection shall entitle an owner to carry out any building works which would result in a contravention of the Landlord and Tenant Ordinance.

(z) (a) Seven days notice of intention to apply for a Closure Order shall be given by the person making such applica- tion by posting a copy of such notice upon a conspicuous part of the building to be affected, and upon being so posted such notice shall be deemed to be notice to all persons of such intention :

Provided that in the case of an emergency such notice shall be given as is practicable.

(b) The notice shall reproduce in clear and legible form sub- sections (3) and (7) of this section in both the English and Chinese languages.

(3) (4) Within fourteen days of the posting of the notice under subsection (2) any occupier of the building may serve on the owner notice of his intention to re-occupy the building on the expiry of the Closure Order.

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(b) Such notice of intention to re-occupy may be revoked in like manner by the occupier during the continuance in force of the Closure Order.

(4) A Closure Order made under this section shail- (a) specify the building to be closed; and

(b) order the closure thereof under the direction of a police

officer; and

(c) order that such building remain closed until the Building Authority shall have certified in writing that the order is no longer required.

(5) No person shall occupy any building during the con- tinuance in force of a Closure Order made in respect thereof.

(6) Notice of the expiry of a Closure Order shall be given by the owner in like manner and for a like period as a notice of intention to apply for such order. Notwithstanding the giving by the Building Authority of a certificate under paragraph (0) of subsection (4), the Closure Order shall be deemed to continue in force until the giving of a notice under this subsection.

(7) Any occupier who has given notice under subsection (3) may, during the continuance in force of the notice of expiry of the Closure Order, re-enter and occupy the building upon the terms and conditions relating to such occupation at the date of the making of the Closure Order:

Provided that nothing in this subsection shall preserve or revive any rights necessarily extinguished or curtailed by the carrying out of any building works in compliance with an order of the Building Authority made under subsection (3) of section 17.

(8) Where an occupier who has given notice under sah- section (3) and has not revoked the same fails to exercise his right to re-enter, the person who would have been entitled to receive the rent from such occupier shall be entitled to recover from him a sum equal to one month's rent by action commenced in the District Court.

19. (1) All drainage works for any building shall be carried Drainage, out by the owner of such building to the satisfaction of the Build- ing Authority and in compliance with regulations,