CO129-554-9 Buildings Ordinance 1935 15-4-1935 - 15-4-1935 — Page 58

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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event of any contravention of this section, the occupier and also the owner shall be liable for such contravention, unless such owner proves that such occupation has taken place with- out his knowledge or consent.

Dangerous buildings.

and fencing

117. Every owner of a building which may be declared Shoring by the Building Authority, or an officer deputed by the of dangerous Governor in Council in that behalf, by an order in writing building. to such owner, to be dangerous, shall cause the same to be shored or otherwise properly secured and shall erect, in such manner as may be directed by the Building Authority, or an officer deputed as aforesaid, a proper fence or hoarding for the protection of passengers.

down

118. Buildings rendered dangerous by fire, wind or Taking other cause of whatsoever nature, to such an extent as, in

dangerous the opinion of the Building Authority, or an officer deputed building. by the Governor in Council in that behalf, necessitates their being taken down partly or wholly or otherwise made safe shall, upon the service on the owner of an order in writing from the Building Authority, or an officer deputed as afore- said, declaring that such building is in a dangerous condition and must be taken down partly or wholly or otherwise made safe and specifying the time within which the work is to be done, be taken down OF made safe by such owner accordingly.

cost of

owner.

119.—(1) If the owner of a dangerous building cannot Shoring or

taking down be found, or if, on such notice in writing as aforesaid, he dangerous refuses or neglects within the time fixed in such notice to building at shore or otherwise properly secure or to take down such dangerous building or such portion thereof as may be declared to be dangerous by the Building Authority, or an officer deputed as aforesaid, such dangerous building or such portion thereof shall, without delay, be shored or otherwise properly secured or taken down by persons employed by the Building Authority who shall be entitled to recover the cost thereof from the owner.

in cases of

(2) In all cases of emergency, the Building Authority Procedure or an officer deputed as aforesaid, may cause the necessary emergency. work to be done without any notice whatever, the cost of such work being recoverable from the owner.

of

The decision of the Building Authority or of an officer deputed as aforesaid, that the particular case is one emergency, shall be final and binding on all persons.

(3) Costs recoverable by the Building Authority from the owner under sub-sections 1 or 2 shall constitute a first charge on the land and premises on which the dangerous building is situated: Provided that the land and premises shall not be so chargeable as against a bonâ fide purchaser thereof for valuable consideration without notice.

magistrate

building.

120. It shall be lawful for a magistrate on a representa- Powers of tion being made to him by the Building Authority, or by an in case of officer deputed by the Governor in Council in that behalf, dangerous that the whole or any part of a building, by reason of any crack, settlement or other defect having shown itself in it, or by reason of the materials used or method of its con- struction having been found by examination to be defective,

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