1961-HKRS29-8-28_Part03 — Page 1

Authenticated Laws 確真本香港法例 All

Form 25.

Fortus 20 And 21.

For 25A.

(b) in respect of the part of the building which is being occupied there is a temporary occupation permit, in the prescribed form, issued by the Building Authority, which temporary occupation permit has not expired and has not been revoked by the Building Authority.

(2) On receiving an application in the appropriate prescribed form, the Building Authority may issue-

(a) an occupation permit in respect of the new build-

ing which is the subject of such application; or } (b) a temporary occupation permit in respect of any part of a new building which is completed and which is the subject of the application.

(3) On the issue of a temporary occupation permit, the Building Authority may impose such conditions as he' may consider necessary including a condition limiting the duration of the temporary occupation permit to such period as he may consider necessary and may revoke a temporary occupation permit for breach of any such condition by the service on the building owner of notice of revocation in such form as may be prescribed.

(4) If an occupation permit is issued in respect of a building, every temporary occupation permit issued in respect of any part of the building shall thereupon be deemed to have been revoked.

(5) If a temporary occupation permit in respect of a part of a building has been revoked or has expired and an occupation permit has not been issued in respect of the building, the provisions of subsection (1) shall apply to such part of the building on the expiration of seven days from the expiry or revocation of the temporary occupa- tion permit.

(6) The Building Authority may refuse to issue a temporary occupation permit or an occupation permit under this section where-

(a) any part of the building works has been carried

out in contravention of any of the provisions of this Ordinance:

(6) any street works required under the provisions of this Ordinance ia connexion with any new private street or any access road, on to which the building abuts or fronts or by which access is obtained, remain to be completed; or

(c) in the case of a building in which a liftway is provided, a lift has not yet been installed therein. unless the liftway has been protected to the satis- faction of the Building Authority in such manner as to avoid any danger to persons using the building.

(7) Upon the expiration of fourteen days from the date of receipt by the Building Authority of an application in the appropriate prescribed form, for a temporary occupa- tion permit or for an occupation permit, such permit shall be deemed to have been granted unless the Building Authority has by notice in writing served on the building owper refused to issue such permit, specifying the ground for such refusal.".

3. Section 18 of the principal Ordinance is amended by the dele. Amendment tion of subsection (5) and the substitution therefor of the following—

"[5] No person except with the prior permission in writing of the Building Authority shall occupy any building during the continuance in force of a Closure Order made in respect thereof or in contravention of any condition imposed by the Building Authority in granting such permission.**.

4. Section 20 of the principal Ordinance is amended- (a) by the deletion in subsection (5) of paragraph (6) and the

substitution therefor of the following-

"(b) in the case of an access road. in proportion to the areas of the lots to which the road provides access.":

(b) by the insertion in subsection (8) after the word "street" of

the following-

"and the cost of maintaining all apparatus required for

such purpose"; and

(c) by the insertion at the end thereof of the following-

"(9) Where the Building Authority certifies that the lighting of an access road is in the public interest on the grounds of public safety, good order and security, the cost of the supply of gas or electricity for the lighting of the access road and the cost of maintaining all apparatus required for such purposes shall be borne by the Government.".

of section 18,

Amendment of sction 20.

5. Section 23 of the principal Ordinance is amended by the inser- Amendment tion in paragraph (b) of subsection (10) after the word "mortgagee" of of section 23. the following-

"under a mortgage by deed in common form".

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