1959-HKRS29-8-26_Part03 — Page 27

Amendment

of section 28.

Ameadament

of section 29.

26

escalator contractor, of any defective materials or of any materials which do not comply with the provisions of this Ordinance.";

(6) the deletion of subsection (3) and the substitution therefor of

the following-

"(3) Any person, being a person directly concerned in or with any building works, street works, lift works or escalator works, who permits the commission of any offence specified in this section shall be deemed to be guilty of such offence and shall be liable to the penalty prescribed therefor.";

(c) the addition at the end thereof of the following new

subsection-

"(6) Any prosecution under the provisions of this Ordinance may be commenced within six months of the commission of the offence or within six months of the same being discovered by or coming to the notice of the Building Authority.”.

21. Section 28 of the principal Ordinance is amended by- (a) the deletion of the colon at the end of paragraph (6) of sub- section (1) and the addition thereto of a semicolon and the following-

"and

(c) any street or access road vested in and maintained

by the Crown or the Government:";

(b) the deletion of subsection (2) and the substitution therefor of

the following-

"(2) Save as otherwise provided, no alteration shall be required to any existing building, private street, access road or lift erected or constructed in accordance with the laws of the Colony or to any existing escalator.";

(c) the insertion after the word "works" in the first place where

it occurs in subsection (3) of the following-

"other than drainage works or site formation works".

22. Section 29 of the principal Ordinance is amended by-er

(a) the insertion after the words "application therefor" in sub-

section (1) of the following-

"and upon payment of the prescribed fee";

27

(b) the deletion from subsection (2) of the words ", or section 4 (authorized architect to be appointed), or section 7 (registered contractor to be appointed)";

(c) the deletion of subsection (5) and the substitution therefor of

the following-

"(5) This section shall not apply to section 9.",

23. Section 30 of the principal Ordinance is amended by the Amendment deletion from subsection (2) of the words "a member of the Authorized of section 30. Architects Consulting Committed" and the substitution therefor of the following-

"an authorized architect".

of section 31.

24. Section 31 of the principal Ordinance is amended by the Amendment deletion from subsection (1) of the word "Every" and the substitution therefor of the following-

"Any person prejudiced in the manner set out in subsec- tion (1) of section 30 may institute an appeal and such".

25. Section 35 of the principal Ordinance is amended by the Amendment

of acction 35. deletion, at the end of the provisa to subsection (1), of the full stop and the substitution therefor of a colon and the following-

"Provided further that that Ordinance shall continue in operu- tion in relation to building works which were being carried out at the commencement of this Ordinance and in relation to any building erected in consequence thereof.".

26. (D) The new section 7A, added to the principal Ordinance by Savings. saction of this Ordinance, shall not apply to any lift works or escalator works which have, at the date of the commencement of this Ordinance, been commenced, notwithstanding that such works may be completed after such date.

(2) The sections substituted by sections 3 and 4 of this Ordinance for sections 7 and 9 of the principal Ordinance shall not apply to any street works which have, at the date of the commencement of this Ordinance, been commenced, notwithstanding that such works may be completed after such date.

27. Where, under subsection (2) of section 9 of the principal Application. Ordinance repealed by section 4 of this Ordinance, the Building Authority has given his consent to the carrying out of building works which conform with the provisions of the Buildings Ordinance repealed (Cap. 1231 by section 35 of the principal Ordinance (hereinafter referred to in this