1958-HKRS28-8-25_Part01 — Page 52

6

7

Reporting

of unlawful structurea.

Competent Authority

may

require lessee or parmiïltee of land to remove

squattera and

unlawful structure.

(c) take possession of, demolish and remove any unlawful

structure upon Crown land.

10, (1) If it comes to the notice of the lessee of land held on lease from the Crown or of the permittee of land held on permit from the Crown that any unlawful structure is being erected upon such land or has been erected on such land after the date of coming into operation of this Ordinance, the lessee or permittee shall report, in writing, the erection or existence of such unlawful structure to the competent authority within forty- eight hours of such erection or existence coming to his notice. Penalty on summary conviction five hundred dollars.

(2) If in any proceedings under this section it is proved to the satisfaction of the Court that an unlawful structure has been so erected the lessee or permittee of such land shall he deemed to have known of such erection unless he proves that he did not so know.

11. (1) A competent authority may by notice in writing require the lessee of land held on lease from the Crown or the permittee of land held on permit from the Crown-

(a) to evict from any unlawful structure upon such land any

squatter or other occupant thereof;

(h) to remove from such land or from any portion thereof

any squatter or trespasser:

(c) to take possession of, demolish and remove any unlawful

structure upon such land.

(2) Any notice given by a competent authority under sub- section (1) may specify-

(u) the time within which the requirement is to be completed;

and

(b) that any work to be done in pursuance of a requirement under paragraph (c) of subsection (1) shall be at the expense of the lessee or permittee, as the case may be.

(3) Upon notice as aforesaid being given, the lessee or per- mittee, as the case may be, shall act in accordance with the terms thereof,

Power of competent

in reapact

12. (1) When- (a) a lessee or permittee cannot readily be found or for any authority

other reason notice cannot be given as provided in sub- of squatters section (1) of section 11; or

and

unlawful

(b) a competent authority is satisfied that it is necessary or structares

desirable that such notice should be dispensed with; or

(c) a lessee or permittee does not comply with such notice,

a competent authority may, without giving such notice or any further notice, as the case may be, enter upon land held on lease or permit from the Crown, and exercise thereon the powers provided by paragraphs (a), (b) and (c) of subsection (1) of section 12.

(2) Wherever a competent authority acting under sub- section (c) takes possession of, demolishes or removes any un- lawful structure, the cost of such demolition or such removal, at the discretion of a competent authority, may be recovered from the lessee or the permittee, as the case may be.

13. (1) If it comes to the notice of a competent authority that any building which he has reason to believe may be an un- lawful structure is in course of erection or has been erected, he may serve notice requiring the owner of such building and the owner of the land upon which such building is being erected or has been erected to furnish to him within forty-eight hours of the service of such notice proof to his satisfaction that such building is in accordance with the terms of the Crown lease or permit under which such land is held.

(2) A notice under this section need not be addressed to the owner of a building or the owner of land by name.

(3) Service of such notice may be effected by handing a copy thereof to any adult person engaged in the building works and by affixing a copy of such notice to such building, or by any other method which the competent authority shall deem to be sufficient.

(4) The owner of the building and the owner of the land upon which the building is being erected or has been erected shall furnish to the competent authority within forty-eight hours of the service of the notice such proof as is referred to in sub- section (1).

an land on lease and on permit

Burden of proof that a building is not an illegal structure.