1955-HKRS29-8-22_Part04 — Page 29

Service of

notices and orders.

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(7) The writ of summons in connexion with such action shall be taken to have been duly served if it appears, to the satis- faction of the Court, that the writ was left at the defendant's residence or place of business, or in case the same is unknown, that it was left at the buildings in respect of which the claim is made.

(8) A certificate purporting to be under the hand of the Building Authority, made under the provisions of subsection (1), and setting forth that the cost claimed is due or payable to the Building Authority and that the person sued is liable for the payment thereof, and specifying the nature and particulars of the claim shall be prima facie evidence of the facts certified therein and of the signature of the Building Authority thereto.

(g) The Building Authority shall sue as Building Authority under this section, but may be represented in Court by any person he may appoint for such purpose.

(10). At any time before such cost has been wholly recovered a memorial of the certificate referred to in subsection (1) may at the discretion of the Building Authority be registered in the Land Office against the title of any property in respect of which such cost arose and in such event such cost shall be a charge upon the land recoverable in accordance with subsection (6) from any person who from such Land Office registers then or thereafter appears to be the owner thereof :

Provided that a charge shall not be deemed to arise solely by virtue of this subsection in respect of any person whose interest was registered before the registration of the memorial of such certificate by the Building Authority,

(1) Upon the recovery of any sum under this section the Building Authority shall lodge in the Land Office an appropriate memorial of satisfaction against any memorial lodged there by him under subsection (10).

24. Any notice, order or certificate required to be served under this Ordinance may be served by serving a copy-

(a) personally; or

(b) by registered post addressed to the last known place of

business or residence of the person to be served; or

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(c) by leaving the same with an adult occupier of the premises to which the notice or order relates or by posting the same upon a conspicuous part of such premises :

Provided that in addition to or in substitution for any such method of service the publication in the Gasette of any such notice or order together with the available particulars of the person to whom it is addressed shall be deemed to be good service.

26. (1) No liability shall rest upon Government or upon any Limitation

of public public officer by reason of the fact that any building works are liability. carried out in accordance with the provisions of this Ordinance or that such building works or the plans thereof or materials therefor are subject to inspection or approval by a public officer, nor shall anything in this Ordinance make it obligatory for the Building Authority to inspect any building, building works or materials or the site of any proposed building to ascertain that the provisions of this Ordinance are complied with or that plans, certificates and notices submitted to him are accurate.

(2) No matter or thing done by the Building Authority or by any public officer acting under his direction shall if it were done bona fide for the purpose of executing this Ordinance subject him or such public officer personally to any action, liability, claim or demand whatsoever.

(3) Section 17 of the Law Amendment (Miscellaneous (Cap. 23). Provisions) Ordinance (which relates to limitation of time and award of costs), shall apply to actions or prosecutions commenced against the Building Authority or any public officer acting under his direction for anything done or intended to be done or omitted to be done under this Ordinance.

(4) Nothing in this Ordinance contained shall exempt any person from any proceeding by way of mandamus, injunction, prohibition or other order unless it is expressly so enacted.

28. (1) The Governor in Council may by rules or regulations Regula-

tions. prescribe or provide for-

(a) the registration and control of-

(i) authorized architects; (ii) registered contractors;