1958-HKRS29-8-25_Part02 — Page 4

Erection

of build- ings by competent authority.

Erection of buldings

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39. A competent authority may erect on any cottage resettle- ment area any building or structure which he may deem necessary or expedient for the purpose for which such area was set aside.

40. (1) A competent authority may authorize by permit in other than writing the erection by any person of any building in any cottage resettlement area subject to the conditions as set forth in such permit.

buy a competent authority.

Existing buildings.

(2) An erection permit may stipulate that the building may be occupied by the person who has erected it or by any person who has been authorized by the competent authority to occupy such building and may permit the person who has erected the building to let the building or to sell the building whether for a cash payment or by a hire-purchase agreement in a form to be approved by the competent authority, to a person authorized to occupy such building in accordance with the provisions of section 43.

(3) Any person who has been authorized to erect a building in accordance with the provisions of subsection (1) who lets or seils or otherwise disposes of such building other than to a person who has been authorized to occupy such building in accordance with the provisions of section 43 shall be guilty of an offence and upon summary conviction shall be liable to a fine of five hundred dollars and to imprisonment for one year.

(4) No fee shall be payable for an erection permit.

41. (1) Any building which, at the date of the coming into operation of this Ordinance, is in an area designated in the Second Schedule and has been erected under or by reason of any authority or permission given under any enactment relating to the clearance or resettlement of squatters shall be deemed to have been authorized by a competent authority under the provisions of this Part of this Ordinance and this Part of this Ordinance shall apply to such building as if an erection permit had been granted in respect of such building under the provisions of section 40.

(2) Any such building in respect of which at the date of coming into operation of this Ordinance a rent is payable to the Crown, shall be deemed to have been let to the occupant in accordance with the provisions of section 48 and this Part of this Ordinance shall apply to such building as if it had been so let.

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(3) Any person who at the date of coming into operation of this Ordinance is in occupation of any such building as is described in subsection (1) under any permit or other document lawfully issued in accordance with the provisions of any enact- ment relating to the clearance and resettlement of squatters shall be deemed to be in occupation thereof in accordance with the provisions of this Ordinance, and under an occupation permit granted in accordance with section 43, and the exhibition by such person of the permit or other document issued under such enact- ment shall constitute the exhibition of an occupation permit re- quired by subsection (1) of section 46 so long as such person complies with the provisions of subsection (2) of that section.

or rent

42. If any person who occupies a building in a coltage re- Hire- selllement area under a hire-purchase agreement or rent agree purchase ment in a form approved by the Urban Council which he has agreement. entered into with a person who is beneficially entitled to such building defaults in payment of any instalment or rent due under such agreement a competent authority may cancel the occupation perruit in respect of such building by seven days notice in writing and the provisions of section 50 shall apply as if the occupation permit had been cancelled for breach of condition:

Provided that if a competent authority cancels an occupation permit in accordance with the provisions of this section he may require the person to whom the instalments due under a hire- purchase agreement should have been paid to refund to the person who should have paid such hïre-purchase instalments such pro- portion of payments already made in respect of such building as the competent authority shall consider just.

43. (1) A competent authority may authorize, by occupation Occupation Permit under his hand or under the hand of an authorized officer, of boildings. the occupation by any person and his dependants of any building in a cottage resettlement area, subject to the payment of such permit fee therefor as may be prescribed in regulations made under section $1.

(2) An occupation permit shall be in such form as shall be prescribed by such regulations and shall be in English and in Chinese.

(3) There shall be affixed to each occupation permit a group photograph of the permittee and of the dependants and eacli occupation permit shall contain a list of the dependants.