TNAG-0807-FCO40-1012-Policy-for-housing-and-resettlement-in-Hong-Kong-1978 — Page 89

Consequential amendment to Buildings Ordinance.

(Cap. 123.)

10

13. Section 41(1) (aa) of the Buildings Ordinance.

is amended by inserting before "building" the following -

"subject to section 18(2) and (3) of the

Housing Ordinance, ".

Explanatory Memorandum

This Bill amends the Housing Ordinance to

give the Housing Authority an additional power to sell

land.

Clause 2 contains definitions of "land",

"common parts" and "owner" for the purpose of the new

provisions. Land includes a building or any part thereof.

The power to sell land therefore includes a power to sell a flat in a building and including the land surrounding the building. A purchaser will own an undivided share

in land and will be entitled to the exclusive use,

occupation and enjoyment of the flat owned by him but

the rest of the building including the land that is enjoyed with it will be the common parts.

Section 4 of the principal Ordinance contains

a power to construct new buildings for the purpose of providing housing and other amenities ancillary thereto.

Clause 3 amends section 4 to give the Authority additional powers including a power to manage the common parts.

Clause 4 adds 2 new sections to the principal

Ordinance.

The new section 17A empowers the Authority to sell flats in a building and the surrounding land.