1957-HKRS29-8-24_Part02 — Page 16

Powers of entry of Director

of Public

Director

of Civil

13. (1) The Director of Public Works or any public officer authorized in writing by him in that behalf may, during the hours of day-light, enter and where necessary, in the presence of a police Works and officer, break into any premises for the purpose of ascertaining whether the provisions of this Ordinance or the requirements of any notice given thereunder have been or are being complied with, or for the purpose of carrying out or causing to be carried out any building works pursuant to the authority in that behalf conferred by subsection (1) of section 7 or by section 12.

Aviation.

Closure orders in relation to buildings to be demolished or reduced In height.

(2) The Director of Civil Aviation or any public officer authorized in writing by him in that behalf may at any time enter and where necessary, in the presence of a police officer, break into any premises for the purpose of ascertaining whether the provi- sions of this Ordinance relating to marks, lights or beacons, or the requirements of any notice under this Ordinance relating thereto, have been or are being complied with.

14. (1) Where a building has to be demolished or reduced in height so that it may conform to the requirements of this Ordinance or any order made thereunder, and the owner of the building or the Director of Public Works, as the case may be, is about to undertake building works in order to effect such demoli- tion or reduction in height, the owner or the Director may apply to a magistrate for a closure order in relation to that building or any part thereof, and the magistrate shall make such order if he is satisfied that notice has been given in accordance with the provisions of subsection (4), and that it is necessary or expedient to order the closure of the building or part thereof so that such works may be expeditiously and properly carried out.

(2) A closure order under this section shall-

(a) specify the building or part thereof to be closed; and (b) order the closure of such building or part thereof under

the direction of a police officer; and

(c) order

(in the case of demolition, that the building be closed; or

(ii) in the case of reduction in height, that the building or part thereof remain closed until the Director of Public Works has given a certificate to the owner that the order is no longer required.

(3) No person shall occupy a building or part of a building to which a closure ordet relates during the continuance in force of the order,

(4) At least seven days' notice of Intention to apply for a closure order shall be given by the person making such application by posting the notice on a conspicuous part of the building to which it relates, and upon being so posted it shall be sufficient notice to all persons of such intention.

(5) Such notice shall be in both the English and the Chinese languages and shall specify the building to which it relates and whether the same is to be demolished or reduced in height, and in the case of a reduction in height, the extent thereof, the premises to be closed and the estimated period of closure; and in addition, in the case of a reduction in height, such notice shall reproduce this section in full.

(6) Any occupier who is evicted from a building under a closure order made to enablc a reduction in height thereof to be effected shall, subject to the following provisions of this section, be entitled to re-enter and re-occupy the premises occupied by him immediately prior to his eviction, but this subsection shall not be taken to preserve or revive any rights necessarily ex- tinguished or curtailed by the carrying out of any building works undertaken to effect such reduction in height.

(7) (a) Not later than fourteen days after the making of a closure order in relation to the reduction in height of a building, any occupier whose rights will not be extin- guished by any building works undertaken to effect such reduction may serve upon the owner notice of his inten- tion to re-occupy, on the expiry of the closure order, the premises occupied by him at the date of the giving of notice under subsection (4).

(b) Such notice of intention to re-occupy shall specify an address at which a notice under subsection (8) may be served.

(c) 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.