1970-HKRS28-8-37_Part04 — Page 22

Authenticated Laws 確真本香港法例 All

Power to make regula- tions.

Governor may amend Second

and Third

Schedules.

Saving of owner's rights.

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(2) A magistrate may, if satisfied by information on oath that it is necessary for any person to break into any flat which he is empowered to enter under subsection (1), by warrant authorize such person to break into the flat in the presence of a police officer.

(3) Any costs incurred by the management committee in con- nexion with the exercise by it of the powers conferred by sub- paragraph (ii) of paragraph (d) of subsection (1) or paragraph (b) of subsection (1) shall be recoverable by the corporation as a civil debt from the owner of the flat in respect of which such costs were incurred.

41. The Governor in Council may make regulations for any of the following matters-

(a) the fees payable in respect of the registration or filing of any documents submitted to the Land Officer under this Ordinance;

(b) the fees payable for the inspection or copying of any

documeat so registered or filed;

(c) the fees payable for the issue of any certificate under

this Ordinance;

(d) prescribing anything which is to be or may be prescribed

under this Ordinance:

(e) the better carrying out of the purposes of this Ordinance.

42. The Governor may, by order published in the Gazette, amend the Second and Third Schedules.

43. Nothing in this Ordinance shall prevent an owner fromh selling, assigning, mortgaging, charging, leasing or otherwise dis- posing of or dealing with his undivided share in a building.

FIRST SCHEDULE.

COMMON PARTS.

[4.2]

1. External walls and load bearing walls, foundations, columns, beams

and other structural supports.

2. Walls enclosing passageways, corridors and staircases.

3. The roofs, chimneys, gables, gutters, lightning conductors, aerials and

aerial cables.

4. Parapet walls, fences and boundary walls.

3. Vents serving two or more flats.

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6. Water tanks, pumps, wells, sewers, drains, soil pipes, waste pipes, channels, water-courses, gutters, ducts, downpipes, cables, conduits, refuse chutes, hoppers and refuse container chambers.

7. Cellars, toilets, water closets, wash houses, bathhouses, kitchens and

caretakers' flats.

8. Passageways, corridors, staircases, landings. light wells, staircase window frames and glazing, batchways, roofways and outlets to the roofs and doors and gates giving access thereto.

9. Lists, escalators, lift shafts and machinery and apparatus used in con-

nexion therewith and the housing thereof.

10. Lighting apparatus, air conditioning apparatus, central heating apparatus, fre fighting equipment and installations intended for the use and benefit of all of the owners generally and any 100m or chamber in which such apparatus, equipment or installation is fluted or installed.

11. Fixtures situated in a flat which are used in connexion with the

enjoyment of any other flat or other portion of the building.

SECOND SCHEDULE.

[84. 6 & 42.]

COMPOSITION AND PROCEDHIRE OF MANAGEMENT COMMITTEE.

J. The clacagement committee shall consist of-

(4) auch number of persons as is specified in the deed of mutual

covenant;

(b) if there is no deed of mutual covenant or the deed does not specify the mumber of persons which shall constitule the manege- ment committee, not less than

(1) three persons if the building contains not more than twelve fais; or

(U) five persons if the building contains more than twelve dats.

2. The owners shall, at a meeting convened under section 3 or 4, appoint-

(s) from amongst themselves, or in accordance with the deed of mutual covenant, the members of the management committee; (8) a chairman of the management committee, who shall be one of the persons appointed as a member of the management committee, (c) a secretary of the management committee who may, but need not be, one of the persons appointed as a member of the manage- ment committee.

1. Subject to section 14 and paragraph 4, the members of the management committee appointed at a mesting convened under section 3 or 4 sball bold office until a new management committee is appointed and assumes office at the second annual general meeting of the corporation.

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