1955-HKRS29-8-22_Part04 — Page 33

Governor in Council

28

Provided that this section shall not apply where after receipt of the notice of appeal the Building Authority by a counter-notice in writing served on the person appealing certifies that an emergency requires the doing of the acts or other things specified in the counter-notice.

33. (1) The determination of the tribunal shall be final and may review. not liable to be set aside for irregularity or error in matter of form, except where the Building Authority certifies in writing that in his opinion such determination involves a matter of Government policy and gives notice to the Colonial Secretary and the parties concerned within fourteen days of such determination.

No compen- sation to

(2) Where a notice has been received by the Colonial Secretary under subsection (1) the Governor in Council may review the determination to which such notice relates and for that purpose may call for the record of proceedings before the tribunal and for the written representations of such parties as he may require.

(3) Upon the review of such determination the Governor in Council may confirm or set aside the same, and may give such direction to the Building Authority as he may see fit. The decision of the Governor in Council shall be final.

34. Nothing in this Part shall authorize the award or payment

be awarded. of compensation to any person.

29

(a) The Verandahs and Balconies (Inclosure for Office (Cap. 263). Accommodation) Ordinance is hereby repealed.

FIRST SCHEDULE.

Procedure of Appeal Tribunal

[section 31.]

1.

(1) A person appesting from a decision of the Building Authority under Part VI of this Ordinance (hereinafter referred to as the appellant) shall, within three weeks of such decision give notice in writing to the Building Authority slating the substance of the matter relating to his appeal.

(3) Upon receipt of such notice the Building Authority shall convene a meeting of the tribunal.

2. If it appears to the tribunal, after due consideration of any appeal, that no good cause has been shown why an Inquiry should be held, it may refuse to hold an inquiry and shall inform the appellant accordingly.

2. (1) The tribunal shall permit the appellant and such other persons as it considers to be projudiced by the decision, which is the subject of the appeal to appear and to be heard at the inquiry, to be assisted in the presentation of their casca by other persons and to tako such part in the proceedings as the tribunal may think proper:

Provided that no person shall be entitled as of right in the capacity of counsel, solicitor or other paid advocate to conduct the case for the appellant or such other persona by addressing the tribunal or examining or cross-examining witnesses.

(2) For the purposes of sub-paragraph (1) the tribunel may cause such notice to be given to any person or to the public at large as it may think proper.

(3) The inquiry shall be held at such place and time as the tribunaÎ may determine and shall be a private inquiry,

SECOND SCHEDULE.

Provisions of Ordinance to continue in operation.

[section 35.]

Repeal of Cap, 123,

sections

42 and 43

and

Cap. 263. Savings. Second

PART VIL.

Repeal and Savings.

35. (1) The Buildings Ordinance is hereby repealed:

Provided that each of the sections of that Ordinance

of Cap. 116, specified in the first column of the Second Schedule as amended in the manner set out in the second column thereof shall continue in operation until such time as it is replaced by regulations enacted under section 26 or by any other enactment expressed to be in substitution for such section of that Ordinance.

Schedule.

(2) Sections 42 and 43 and subsections (5) and (6) of section (Cap. 116). 44 of the Rating Ordinance (which deal with numbering of

Lenements) are hereby repealed.

Subject Matter and SectioN.

Lifts

Subacil drainage

34.

70.

of open spaces.

and

Water Closets

Latripes.

Drainage.

79 - 85.

86 & 87

91 & 93 - 98,

Amendment.

Delete from second line the words "section 89" and substitute "regula- tion".