1959-HKRS28-8-26_Part03 — Page 25

Addition of

new section

234.

Audition of

new section

24A.

22

that where the amount so recovered is equal to the value of the premises the charge created under paragraph (b) shall become void; and

(b) constitute a first charge on the said premises which shall give the Building Authority the same powers and remedies in respect thefcof as if he were a mortgagee having power of sale and lease and of appointing a receiver: Provided that the charge shall be void and no liability shall accrue under this subsection against a bona fide purchaser or mortgagee of the premises for valuable consideration who, sub- sequent to the completion of the works specified in the certificate and before the registration of the memorial thereof, has acquired and registered an interest in the premises to be charged.".

16. The principal Ordinance is amended by the addition, after section 23, of the following new section-

"Disposal of materiale

resulting from worka carried out by Building Authority.

23A. (1) Where the Building Authority has carried out or caused to be carried out works consequent upon the non-compliance with an order made by him under section 15 or 17 he may dispose of any materials resulting from such work.

(2) Where the Building Authority has carried out or caused to be carried out any works under subsection (3) or (4) of section 17 other than as a result of the non- compliance of an order made by him-

(a) he shall serve notice on the owner of the building concerned specifying the place at which and the time within which, being not less than three days from the date of the notice, any materials result- ing from such work may be collected; and

(5) in the event of such materials not being collected within the time specified in the notice he may dispose of the same.".

17. The principal Ordinance is amended by the addition, after section 24, of the following new section--

**Admissibility

in evidence al certified

copies at documents, elo.

(Cap. 113)

24A. (1) A copy, certified by the Building Authority or any public officer authorized by him in writing in that bebalf as a true copy, of any document made, issued or given under or for the purposes of this Ordinance or the Buildings Ordinance repealed by section 35, shall be admissible in evidence in any legal proceeding in every case in which the original could have been received in evidence.

23

(2) Any such copy which purports to be certified by the Building Authority or any such public officer shall be deemed to have been so certified until the contrary iş proved.

(3) The Building Authority or any public officer authorized by him may, upon payment of the prescribed fee, certify and issue any such copy to any person requiring the same.

(4) Nothing in this section shall be deemed to affect any claim of the Crown to withhold any document on the ground that its production would be contrary to the public interest.".

18. Section 26 of the principal Ordinance is amended by-

(a) the deletion of subsection (1) and the substitution therefor of

the following-

*(1) The Governor in Council may by rule or regula- tion prescribe or provide for-

(a) registration and control of-

(i) authorized architects,

(U) registered contractors,

(iii) registered lift contractors,

(iv) registered escalator contractors;

(6) the manner of making application for and grant- ing of approval of plans of building works or street works, and the giving of consent lo commence or carry on such works, including cases where it is desired-

to add to or alter building works or street works the commencement of which has already been consented to, or

(ii) to commence certain parts of building works

or street works before other parts;

(c) planning and design of buildings including-

(i) streets;

(i) projections:

(ii) heights, volumes and open spaces including

scavenging lanes;

(iv) lighting and ventilation;

Amegchment of section 26.