1959-HKRS29-8-26_Part03 — Page 24

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or, where he has received any objection within such period, until he has considered and made reply thereto, whichever is the later.

(4) If any order made under paragraph (a) of sub- section (2) is not complied with, the Building Authority may carry out or cause to be carried out the work required thereby to be carried out.

(5) The Building Authority may recover the cost of any work carried out pursuant to the provisions of para- graph (b) of subsection (2) or of subsection (4) from the frontagers; and the Building Authority shall apportion such

cost-

(4) in the case of private streets, according to the frontages of the premises owned by such frontagers;

or

(5) in the case of access roads, equally,

(6) (a) Upon the application of the frontager on a private street of, where there are more than one of the greater part in value of such frontagers, the Building Authority may, where he considers that the use of the street by the public is such as to justify its maintenance at the expense of the Goverment, undertake the further maintenance of the street.

(8) The Building Authority shall not undertake the

further maintenance of any private street until-

()the owner or owners of the land on which the street is constructed have surrendered such land to the Government free from all competing rights, titles, interests, trusts, claims, liens, demands and restrictions of all kinds whatsoever; and

(ii) any order which he may have made under paragraph (a) of subsection (2) has been complied with.

(7) The Building Authority may exempt from the application of this section, either wholly or in part, any private street on which no buildings front or abut.

(8) The cost of the supply of gas or electricity for the lighting of any private street shall be borne by the Govern-

ment.

Openings to or from dels.

20A. (1) Save where the Building Authority has given his consent-

(a) under this section, or

(8) for the commencement of building works or street

works which include such works,

no person shall carry out works for the construction, formation, laying out, or alteration of any means of access or opening to or from any street.

(2) The Building Authority may refuse to give his consent for such works where in bis opinion the intended access or opening to or from any street is such as to- (a) be dangerous or likely to be dangerous; or (b) be prejudicial to the safety or convenience of traffic or pedestrians using or expected to use such street.

(3) In giving his consent the Building Authority may by order in writing impose such conditions as he considers necessary for securing the safety and convenience of traffic and pedestrians using or expected to use the street.

(4) Works for the construction, formation, laying out or alteration of any means of access or opening to or from any street shall be deemed to be street works for the purposes of sections 13, 14, 15, 23, 24, 25, and Parts IV. V and VI of this Ordinance.”.

14. Section 22 of the principal Ordinance is amended by the Amendment insertion after the word "Authority" in subsection (2) of the following of section 22.

"or competent authority".

15. Section 23 of the principal Ordinance is amended by the Amendment deletion of subsection (10) and the substitution therefor of the of section 23. following-

*(10) At any time before such costs and any interest accrued thereon has been whally recovered, a memorial of the certificate referred to in subsection (1) may be registered in the Land Office against the title of any premises in respect of which such cost arose, and upon such registration the cost and any interest accrued or thereafter accruing shall-

(a) be recoverable by action in Court in accordance with the provisions of this section from any person who from such Land Office register then or thereafter appears to be the owner of such premises:

Provided that the amount recovered by virtue of this subsection shall not exceed the value of that person's interest in the premises charged: and Provided further