1970-HKRS29-8-37_Part04 — Page 14

Piru Schedule.

(Cap. 125,)

(Cap. 97)

(Cap. 97.)

"building" means--

(a) any building which consists of two or more levels, in-

cluding basements; and

(b) the land upon which such a building is erected and any

land in common ownership with such land;

"common parts" means-

(a) the whole of a building, except such parts as have been specified or designated in an instrument registered in the Land Office as being for the exclusive use, occupation or enjoyment of an owner; and

(b) unless so specified or designated, those parts specified in

the First Schedule:

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"corporation" means a corporation registered under section 8: "court" means the District Court;

"deed of mutual covenant" means a document which-

(a) defines the rights, interests and obligations of owners

among themselves; and

(6) is registered in the Land Office:

"flat" means any premises in a building which are referred to in a deed of mutual covenant whether described therein as a flat or by any other name and whether used as a dwelling, shop. factory, office or for any other purpose, of which the owner, as between himself and owners or occupiers of other parts of the same building, is entitled to the exclusive possession; "Land Office" means the Land Office established under the Land Registration Ordinance and a District Land Office established under the New Territories Ordinance;

"Land Officer" includes, in relation to buildings on land registered in a District Land Office, an Assistant Land Officer appointed under section 9 of the New Territories Ordinance, save that only the Land Officer may specify forms;

"management committee" means a management committee

appointed under section 3 or 4;

"owner" means-

(a) a person who for the time being appears from the records at the Land Office to be the owner of an undivided share in land on which there is a building; and

(b) a registered mortgagee in possession of such share: "registered mortgagee" means-

(a) a person to whom an owner's interest in a building has been mortgaged or charged under a mortgage or charge which has been registered in the Land Office, and

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(6) a person in whose favour a charge upon a flat has been

created by virtue of any Ordinance:

"register" means the register of corporations maintained under

section 12;

"share" means the share of an owner in a building determined

in accordance with section 39.

PART II.

MANAGEMENT COMMITTEE.

3. (1) A meeting of the owners to appoint a management committee may be convened by......

(a) any person managing the building in accordance with

the deed of mutual covenant (if any); or

(b) any other person authorized to convene such a meeting

by the deed of mutual covenant (it any); or

(c) the owners of not less than five per cent of the shares. (2) At a meeting convened under subsection (1) a manage- ment committee may be appointed-

(a) in accordance with the deed of mutual covenant. if the deed provides for the appointment of a management committee; or

(b) if there is no deed of mutual covenant, or the deed contains no provision for the appointment of a manage- ment committee, by a resolution of the owners of not less than fifty per cent of the shares.

4. (1) The court may, upon application by—

(a) the owners of not less than twenty per cent of the shares:

(b) the Attorney General,

order that a meeting of owners shall be convened, by such owner as the court may direct, to appoint a management committee.

(2) Upon the making of an order under subsection (1) the court may order that the costs of the application shall be paid by the applicant or by any person opposing the application.

(3) If a corporation is established, the corporation shall refund to the applicant any costs paid by him in accordance with an order made under subsection (2).

(4) At a meeting convened in accordance with an order made under subsection (1), a management committee may be appointed by a resolution passed by a majority of votes of the owners voting at the meeting personally or by proxy.

Appointment

of management committee.

Appointment

of management committee after application to

court.