1955-HKRS29-8-22_Part04 — Page 31

24

(2) Any person who commits an offence set out in the following table shall be liable to a fine of two thousand dollars and to imprisonment for six months.

(1) Contravention of—

subsection (1) of section

subsection (1) of section 12- subsection (2) of section 13- subsection (5) of section 18.

aubsection (1) of section 21 subsection (3) of section 22.

Offence.

(Necessity for consent to commence building works).

(Occupation of new building), (Failure to grant meana of access). (Occupation of a building subject to

& Closure Order), (Projections).

(Obscuring or defacing street namea

or building numbers).

(2) Failure to comply with any order of a magistrate or of the Building

Authority given under this Ordinance.

(8) Failure to give any notice required to be given under this Ordinance. (4) The contravention of any condition of a permit issued by the Build-

ing Authority under section 29 (modifications and exemptions).

(5) The use by a building owner or an authorized architect or a re- gistered contractor in any building works of any defective materials, worknianship or of any materials contrary to the provisions of this Ordinance.

(6) Knowingly misrepresenting a material fact in any plan, certiâcate, form or notice given to the Building Authority under this Ordinance. (7) The material divergence or deviation from work shown in any plan

approved by the Building Authority under this Ordinance.

(8) The obstruction of the Building Authority or of any officer authorized

by him in the execution of his powers under this Ordinance.

(9) The failure by an authorized architect or by a registered contractor to notify the Building Authority of the contravention of any regula- tion that would result from the carrying out of any work shown in a plan approved by the Building Authority:

Provided that in any prosecution for this offence it shall be a defence for the person charged to prove to the satisfaction of the court that he did not know of, nor could reasonably have discovered, such contravention.

(3) Any owner, agent, authorized architect, registered con- tractor, or any other person directly concerned with the building works, who permits an offence herein specified shall be guilty of such offence and liable to the penalty provided therefor.

(4) Where an offence under this Ordinance has been com- mitted by a body corporate, a partnership or association of persons unincorporated, any person who at the time of the commission of

26

the offence was a director, manager, partner, secretary or other similar officer thereof, or was purporting to act in any such capacity, shall also be deemed guilty of such offence unless he proves that the offence was committed without his consent or connivance, and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.

(5) Where anything is required to be done by the owner of a building, and by virtue of section 2 there is more than one owner of such building, it shall be a defence to any charge of failing to do that thing-

(a) that such thing was done by another owner of the

building; or

(b) that any notice or order in respect of such thing required under this Ordinance to be served on the owner was served on another owner of the building and not on the person charged.

PART V.

Exemptions.

28. (1) The following shall be exempt from the provisions Exemp- of this Ordinance—

(a) buildings belonging to the Crown or to the Government: (b) buildings upon any land vested in any person on behalf of Her Majesty's naval, military or air force services : Provided that the provisions of this Ordinance relating

to projections over or upon any portion of any street whether or not on land held under tease from the Crown, to hoardings and to scaffoldings shall apply to all buildings.

(2) (4) Except as otherwise provided under this Ordinance no alterations shall be required to any existing building erected in accordance with the laws of the Calony.

(6) Building works carried out in accordance with plans approved by the Building Authority before the com- mencement of this Ordinance. or under the proviso to subsection (2) of section 9, shall be deemed to have been carried out in accordance with the provisions of this Ordinance.

tiata.