1964-HKRS28-8-31_Part02 — Page 20

Authenticated Laws 確真本香港法例 All

an office, granted under subsection (3) and in accordance with such permission, in or over or upon any street, whether or not the street is on Hand held under lease from the Crown, and maintained for such time as may be necessary. (2) Nothing in subsection (I) authorizes- (a) the affixing of shoring in or over or upon any land, not being a street, unless the land is owned by either the owner of the building for which the shoring is erected or the person whose building works or proposed building works necessitate the erection of the shoring: or

(6) the affixing of shoring in or to or around, or otherwise in relation to, any building other than the building for which the sboring is erected. (3) Whenever it is necessary, for either of the pur- poses specified in subsection (1), to erect shoring in or over or upon a street, whether or not the street is on land held under lease from the Crown, the Director of Public Works or an officer of the Public Works Department authorized in that behalf by the Director of Public Works, either by name or by reference to an office, may, if he thinks fit, permit the erection of such shoring, subject to such conditions as he considers necessary.

(4) Any damage to a building for which shoring is erected pursuant to subsection (1) caused by or resulting from the erection or maintenance of the shoring shall be made good as soon as practicable by the person whose building works or proposed building works necessitated the erection or maintenance of the shoring.

(5) (a) Any occupier of a building for which shoring is erected pursuant to subsection (1). and any other person whatsoever, who suffers any loss or damage by reason of the erection or maintenance of the shoring shall be entitled to recover com- pensation from the person whose building works or proposed building works necessitated the erection or maintenance of the shoring.

(b) Where any dispute arises as to...

() whether compensation is payable under this subsection,

(ii) the amount of any such compensation, or (ii) the person to whom it is payable, the same shall be determined by arbitration.

(6) (a) Any person authorized by the Building Authority in the prescribed form may enter any building specified in such authorization for the purpose of ascertaining what shoring may be required for the building for either of the purposes specified in subsection (1) or of ascertaining the manner in which shoring for the building may be affixed or for the purpose of erecting shoring for the building pursuant to subsection (1) or of maintaining such shoring in good ander or of inspecting the same.

(b) An authorization granted to any person under paragraph (2) shall be deemed also to authorize any servant or agent of that person, and such an agent's servants, to enter the building for the like purpose.".

of section 26.

5. Section 26 of the principal Ordinance is amended by the Amendment insertion in subsection (1), after paragraph (e), of the following new paragraph-

"(ee) the construction, inspection, testing and safe working of

ventilating systems.”.

6. Section 27 of the principal Ordinance is amended by the Amendmeal insertion, after subsection (2), of the following new subsection--

"(2A) Any person who unlawfully and maliciously removes, pulls down, demolishes or damages, or in any way whatsoever interferes with, any shoring erected for a building pursuant to subsection (1) of section 9D shall be guilty of an offence and shall be liable to a fine of two thousand dollars and to imprisonment for six months."".

7.

The powers conferred upon the Building Authority by→ (a) the new paragraphs (k) and (D) inserted in subsection (1) of section 9B of the principal Ordinance by paragraph (b) of section 2:

(b) the new subsections (4) and (5) inserted in the said section

98 by paragraph (c) of section 2; or

(c) the new item inserted in the table to section 9C of the principal

Ordinance by section 3.

may be exercised notwithstanding that, as the case may be, the plans were submitted to the Building Authority for his approval, or the application for consent to commence the building works was made, prior to the commencement of this Ordinance.

of section 27.

Tangilonal provisions.

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.