1974-HKRS28-16-22_Part04 — Page 58

Control of building plans and COMMCNce- ment of work.

(Op. 121)

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(d) state that any person entitled to compensation under this Ordinance may serve a written claim upon the Director.

(4) If the owner of the building does not comply with a notice given to him under subsection (1) any public officer authorized in that behalf by the Director may enter the building and the land surrounding it, together with such other persons as he thinks necessary, and remove the object or structure described in the notice or cause it to be removed by those other persons.

(5) An object or structure removed under subsection (4) sball, whether or not it was erected or maintained in contravention of any Ordinance, be forfeited to the Crown free from the rights of any person and may be disposed of as the Director thinks fit. (6) In this section "owner" means the person holding the land direct from the Crown under a Crown lease.

15. (1) Notwithstanding the Buildings Ordinance, in any case where he is of the opinion that any building works or the commencement of any building works would be incompatible with any works or proposed or likely works for the construction, main- tenance or improvement of the railway or with the operation thereof, the Building Authority may to such extent as is neces- sary to avoid such incompatibility—

(a) refuse to give his approval to any plan or to consent to

the commencement of the building works:

(6) withdraw any approval which he has or is deemed to have given to any plan or any consent to the commence- ment of the building works;

(c) in the case of piling works, excavation works or founda-

tion works-

(1) require the amendment of any plan showing such works; or

(ii) impose conditions on the giving of approval of plans showing such works or consent to commence such works.

(2) The carrying out of any building works-

(e) contrary to any refusal, or following a withdrawal, of approval or consent under subsection (1)(a) or (1)(6); or

(6) otherwise than in accordance with any plan amended under subsection (1)(c)(i) or condition imposed under subsection (1)(c)(i),

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shall, for the purposes of section 23 of the Buildings Ordinance, (ca. 123) be deemed to constitute a contravention of that Ordinance.

(3) Where the Building Authority refuses under subsection (1)(a) to give his approval to any plan because he is of the opinion that the building works shown thereon would be imcompatible with works or proposed or likely works for the construction of stages 1 to 4 of the railway, the owner of the land on which such building works were to be carried out may, by notice in writing to the Director, require that the land be resumed under this Ordin-

ance.

(4) Where notice is given under subsection (3) the Governor shall, unless the notice is withdrawn, make an order under section 4(1) in respect of the land not more than 1 month after receipt of the notice by the Director, and the period of notice specified in the order shall be I month.

(5) In subsection (3) "owner" means the person holding the land direct from the Crown under a Crown lease.

16. Any person who wilfully obstructs any person lawfully Obstruction. exercising or performing any power duty or function arising under section 5(2)(a)(1), 7(2)(a)(1), 9, 11(2)(a)(i). 12(1), 12(6), 14(2) or 14(4) or lawfully exercising any power consequential or incidental to an easement created pursuant to section 6 shall be guilty of an offence and shall be liable on conviction to a fine of $5,000 and to imprisonment for one year.

PART IV

RIGHTS TO COMPENSATION AND CLAIMS PROCEDURE

17. No action, claim or proceedings shall lie or be brought No remedy against the Crown or any other person-

except under

this Ordin

(a) to restrain the doing of anything which is authorized by ance. or under this Ordinance or to compel the doing of anything which may be omitted to be done thereunder; or

(b) to recover damages, compensation or costs for-

(i) damage or disturbance to or loss of or in the value

of any land, chattel, trade or business;

(i) personal disturbance or inconvenience;

(iii) extinguishment, modification or restriction of rights;