1980-HKRS28-16-28_Part05 — Page 35

(4) In cases of emergency the Building Authority may carry out or cause to be carried out such work as may appear to him to be necessary either without notice to the owner or person referred to in subsection (1), or before or after such notice, and so far as it is in the opinion of the Building Authority attributable to such emergency the cost thereof shall be recoverable from the owner or person. The decision of the Building Authority that the particular case is one of emergency shall be final and binding on all persons.*.

Section 33 of the principal Ordinance is amended—

Abdenument at wepling 31.

11.

(a)

in subsection (5), by inserting after "any building" the following-

"ot land";

APTREINA CINEMA of bection 34.

Amendmazal ot

con 35.

Amendoeat D neculon 38.

(b) in subsection (7), by deleting "buildings and substituting the

following-

"building or on the land"; and

(c) in subsection (9), by insecting after "premises" wherever it occurs

the following-

"or land".

12. Section 34 of the principal Ordinance is amended by deleting "or 26" and substituting the following-

*. 244. 26 or 27A".

13. Section 35(c) of the principal Ordinance is amended by inserting after "premiser" wherever it occurs the following—

"for land".

14. Section 38(1) of the principal Ordinance is amended by inserting after paragraph (5) the following paragraph-

"(ba) the planning, design and construction of site formation worka;”.

15. Section 40 of the principal Ordinance is amended-

in subsection (18)—–

Acrvenutoment of section 40.

(a)

Q) in paragraph (5), by inserting after "26(1)," the following—

"27A(1),”; and,

(i)) in paragraph (ii), by deleting for 26(1)" and substituting the following-

บ ", 26(1) or 27A(1)";

(b) by joserting after subsection (2AA) the following subsections-- "(2AB) Any person (whether or not an authorized person, a registered structural engineer or a registered contractor) directly concerned with any building works or street works set out in items 1, 2, 3, 4, 5 and 6 of Column A in the table to section 17(1) whó contravenes any condition imposed, or fails to comply with say requirement of an order in writing, under that section in respect of such building works or street works, or the plans thereof, shall be guilty of an offence and shall be liable on conviction to a fine of $50,000 and to imprisonment for 1 year.

(ZAC) Any person (whether or not an authorized person, a registered structural engineer or a registered contractor) directly concerned with any site formation works, piling works, excavation works or foundation works who contravenes

I

any condition imposed under item 7 in the table to section 17(1) in respect of such works, or the plans thereof, shali be guilty of an offence and shall be liable on conviction to a dne of $250,000 and to imprissament for 3 years.”; and

(c) by inserting after subsection (7) the following subsection—

"(7A) Where anything is required to be done by an owner of land or by a person referred to in section 27A(1), it shall be a defence to any charge of failing to do that thing that any notice or order in respect of such thing required under this Ordinance to be served on the owner of on such person was served on another owner of the land or on another such person and not on the person charged.".

16. Section 410) of the principal Ordinance is amended- (a) in paragraph (6), by deleting "and"; and

(b) by inserting after paragraph (5) the following paragraph-

"(ba) any land vested in the Housing Authority or in any person on behalf of Her Majesty's naval, military or air force services, and any unleased land within the meaning of the Crown Lood Ordinance other than such unleased land in respect of which a person is, under the terms of a Crown lease, under an obligation to maintain; aud”.

(Cap. 283

17. Section 50 of the principal Ordinance is amended-

(4) in subsection (3), by inserting after "building" the following-

"and the owner of any land":

(5) in subsection (7), by inserting after "premises" wherever it occurs

the following-

"or land"; and

(c) in subsection (10)—

(in paragraph (4) by inserting before "piling works" the Following

"sile formation works,”;

(ii) in paragraphs (0) and (5), by inserting after "other build- ing" wherever it occurs the following-

street or natural, formed of man-made land"; and

(ii) in paragraph (4)—

(A) by inserting after "other building" wherever it occuPI

the following

*, street or natural, formed or man-made land"; and (B) by inserting after "such building" the following-

street or land”.

Passed by the Hong Kong Legislative Coupil thịt 17th day of December 1980.

Clerk

the Legislative Council.

Amendment of *Boo 41.

A rose endlichemmat of Neccion $0.