84
Governor in Council em- powered in any appeal
to state case for
the opinion
of Full Court on question of law.
Order of Governor in Conncil enforced by the court
Breach of condition of modification or exemp- tion.
Registration of modifica- tion and cancellation thereof,
58
or setting aside, or such special conditions exist as render any such provision undesirable. may make such order in respect thereof as may be just.
The grounds of such appeal shall be concisely stated in writing, and the appellant may, if he so desires, be present at the hearing of such appeal and be heard in its support either by himself or by his representative, and the Governor in Coun- cil shall thereafter determine the matter in the absence of, and without further reference to, the Building Authority.
The Clerk of Councils shall give the appellant seven days notice of the hearing of the appeal, and shall at the same time furnish the appellant with a copy of the evidence and docu- ments submitted by the respondent for the consideration of the Governor in Council.
Provided that nothing herein contained shall be deemed to prevent any person from applying to the Supreme Court for a mandamus, injunction, prohibition, or other order should he elect so to do, instead of appealing to the Governor in Council under this section.
162. In any appeal under the provisions of section 161 the Governor in Council may at any time in his discretion direct a case to be stated for the opinion of the Full Court on any question of law involved in any appeal submitted to him. The terms of such case shall be agreed upon by the parties concerned, or in the event of their failure to agree shall be settled by the Full Court. The Full Court shall hear and deter- mine the question of law arising on any case stated as afore- said, and shall remit the matter to the Governor in Council who shall give effect by order to the finding of the court. The costs of such hearing shall be in the discretion of the court.
Any party to the appeal shall be entitled to be heard by counsel on the hearing of any case so stated.
No proceedings by way of mandamus, injunction, pro- hibition, or other order shall be taken against the Governor in Council in respect of anything arising out of this section.
163. Every order of the Governor in Council on any appeal shall be final and may be enforced by the Supreme Court as if it had been an order of that court.
164. The breach of or failure to perform any term or condition attached to any modification of or exemption from any provision of this Ordinance shall entitle the authority, by whom such modification or exemption was granted, to can- cel such modification or exemption, and thereafter the said provision shall apply to the property affected as if no such modification or exemption had been granted.
165. A memorandum stating the effect of any modifica- tion of or exemption from any provision of this Ordinance and of any terms or conditions attached thereto, signed by or on behalf of the authority granting it, and by or on behalf of the owner, may be registered in the Land Office against the proper- ty affected on payment by such owner of a fee of three dollars (euch fee to be paid in stamps), and in the event of the can- cellation of any modification or exemption a memorandum thereof signed by or on behalf of the cancelling authority shall Le registered by the Land Officer against the property affected without fee.
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Regulations.
A 871
E
166. The Governor in Council may alter, amend or Governor in revoke the whole or any part of the provisions of the Schedules Council may
alter and may substitute new provisions or new regulations therefor. Schedules and make regulations
Application of Ordinance.
...
.871
of Ordin-
167.-(1) Sections 6 to 147 shall not apply to any part Application of the New Territories except to New Kowloon, unless the ance to New Governor in Council shall by order otherwise direct; and Territories.
(2) Sections 31 and 32 shall not apply to any domestic building which existed on the 29th day of December, 1894, unless such building is situated within the City of Victoria, or at Kowloon, New Kowloon, Quarry Bay, Shaukiwan, or Aber- deen, or within such other districts or places as may be notified by the Governor in Council.
(3) The provisions of sections 6 and 116 so far as they relate to authorised architects shall not apply in any case in which the Building Authority shall so decide, and the Governor in Council may direct the Building Authority to prepare type- plans and may make regulations in regard to such type-plans if approved, and domestic buildings may, notwithstanding any- thing to the contrary in this Ordinance contained, be erected in accordance with such type-plans and regulations in any part of the Colony outside the City of Victoria or Kowloon.
etc.
from
168. No legal liability whatever shall rest upon the Government Government or upon any Government officer by reason of the exempted fact that any buildings or works other than Government build- liability. ings or works have been or may hereafter be erected or carried out upon designs or plans or of type, construction or materials consented to or approved of by the Government or by any Government officer or by reason of the fact that any such works or buildings are subject to the approval or inspection of any Government officer,
169. No matter or thing done by the Building Authority Limitation
liability
Authority,
or by any public officer or other person whomsoever acting of personal under the direction of the Building Authority shall, if it was of the done bona fide for the purpose of executing this Ordinance, Building subject them or any of them personally to any action, liability, and others. claim or demand whatsoever : Provided that nothing herein contained shall exempt any person from any proceeding by way of mandamus, injunction, prohibition, or other order un- less it is expressly so enacted.
of
170. The provisions of section 48 of the Interpretation Protection Ordinance, 1911, shall apply to actions or prosecutions com- persons
acting under menced against the Building Authority or any person acting the Ordin- under his direction or any public officer or other person acting ordinance in his aid, for anything done or intended to be done or omitted No. 31 of to be done under the provisions of this Ordinance.
1911.
171. Nothing herein contained shall be deemed to pre- Saving of vent or limit the exercise by His Majesty of any powers of to resumption contained in any Crown lease.
the Crown.
850
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