CO129-588-20 Buildings Amendment Ordinance 1941 20-6-1941 - 3-7-1941 — Page 6

Enclosure No. 2.

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ATTORNEY GENERAL'S CHAMBERS,

Hong Kong, 19th June 1941.

REPORT ON ORDINANCE No. ..................... 12...of 19841

1.

I have examined the accompanying Ordinance intituled

an Ordinance to amend the Buildings Ordinance, 1935.

2. A print of the memorandum of Objects and

Reasons of the Bill for this Ordinance is attached.

3. I am of opinion that the Ordinance is not

contrary to the Governor's instructions and that

it is one to which His Excellency may properly

assent in the name of His Majesty and on His behalf.

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Attorney General

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Page

Objects and Reasons.

Section 116 (1) of the Buildings Ordinance, 1935, is as follows:-

No new building shall be occupied or used in any way, except by caretakers only not exceeding two in number, until an authorized architect shall have certified in writing accord- ing to the form contained in Schedule K to the Building' Authority that such building complies in all respects with the provisions of this Ordinance, and is structurally safe, nor until the owner shall have received a written permit to occupy such building.

The object of the Bill is to give the Building Authority power to issue a permit with respect to any building appro- priate to the use or occupation of such building as a domestic or a non-domestic building.

It has hitherto been the practice of the Building Authority to issue domestic and non-domestic permits for buildings intended to be used respectively as domestic or non-domestic buildings.

As there is some doubt as to whether the Building Authority has power to issue such permits it has been con- sidered advisable to enable the Building Authority to issue permits appropriate to the use and occupation of buildings as domestic or as non-domestic buildings.

The matter being one which primarily concerns the Health Authorities it has been provided that nuisances arising under section 116 (as amended) should be dealt with by the Chairman of the Urban Council or any person deputed by him on that behalf.

May, 1941.

C. G. ALABAster,

Attorney General.

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