Addition of new section ISA.
(c) in subsection (5)-
(1) by deleting from paragraph (4) "the erection or maintenance of the shoring" in each place where those words occur and substituting the following—
"the erection, maintenance or dismantling of the shoring":
(ii) by deleting from paragraph (b) "by arbitration" and substituting the following-
"in accordance with the provisions of section 18A”.
The principal Ordinance is amended by adding, after section 18. the following new section-
3.
"Claims for compensa- tion.
(Cap. 255.)
Fourth Schedule.
18A. (1) Any occupier of a building for which shoring is erected pursuant to subsection (1) of sec- tion 18. and any other person whatsoever, who has suffered loss or damage by reason of the erection. maintenance or dismantling of the shoring may, save where he and the person whose building works or proposed building works necessitated the creation, maintenance or dismantling of the shoring have en- tered into an agreement in writing for the payment of compensation, apply in writing addressed to the Registrar of the Supreme Court for the appointment of a tenancy tribunal to hear and determine a dispute as to the matters referred to in paragraph (5) of subsection (5) of section 13.
(2) An application under subsection (1) may be made within three years of the date on which the loss or damage was suffered or within such extended time as the Chief Justice may in his discretion allow.
(3) Upon an application being made under sub- section (1), the Chief Justice shall appoint a tenancy tribunal consisting of a president and one or more other members under the provisions of subsection (1) of section 34 of the Landlord and Tenant Ordinance to hear and determine a dispute as to the matters referred to in paragraph (b) of subsection (5) of sec- tion 18.
(4) An application under subsection (1) shall be in the form prescribed in the Fourth Schedule and a copy of the application shall be served by the clerk to the tenancy tribunal on the person whose building works or proposed building works necessitated the crection, maintenance or dismantling of the shoring.
(060 115.)
4.
3
(5) The provisions of subsections (2), (3), (4) and (5) of section 34 of the Landlord and Tenant Ordinance shall apply to a tenancy tribunal appointed under subsection (3).
(6) Save in so far as provision is made therefor by this Ordinance, the practice and procedure in, and in connexion with, any proceedings before a tenancy tribunal appointed under subsection (3) shall be such as the president of such tribunal may from time to time determine.
(7) A tenancy tribunal appointed under sub- section (3) shall have the power to make such order es to costs as it shall think fit.
(8) The determination of the tenancy tribunal shall be Gnal and binding and shall be notified by the clerk in writing to the parties to the application and to the Building Authority.
(9) An award of compensation under this sec- tion may be enforced against the person liable to pay such compensation in the same manner as a judgment of the Supreme Court.".
The principal Ordinance is amended by adding, at the end thereof, the following new Schedule-
"FOURTH SCHEDULE.
FORM OF APPLICATION.
TENANCY TRIBUNAL
[5. [8A(4)]
IN THE MATTER of the Buildings Ordinance (Chapter 123). Application No.
(to be left blank]
APPLICATION FOR DETERMINATION OF DISPUTE UNDER SECTION 18(5)D).
I hereby apply for the appointment of a legancy tribunal under the provisions of the Landlord and Tenant Ordinance (Chapter 255) to hear and determine a dispute under section 18(5)(h) of the Buildings Ordinance (Chapter 123).
Addition of new Schedule.
No comments yet.
Private notes are available after approval.