TNAG-0810-FCO40-1015-Legislation-for-Crown-lands-in-Hong-Kong-1979 — Page 47

2.

10

Section 6 of the Crown Land Ordinance provides

that, where unleased land is unlawfully occupied, the

Authority may by notice require the unlawful occupation

to cease. Failure to comply with such a notice is an

offence and also enables the Authority to take possession

of the structure and demolish it. However, the delay

involved in using this procedure sometimes prevents action

being taken when the authorities discover an illegal

structure in the course of construction or that has been

newly built but not occupied.

Experience has shown that

many of these structures are built by criminal elements

for sale to the public. In these circumstances, clause

3 of the Bill amends section 6 so as to enable an unlawful

structure to be demolished without notice if it is either

in the course of construction or is not being habitually

and bona fide used. Clause 3 further amends section 6 by

making it an offence for any person to be engaged in the

building of an unlawful structure on unleased land or for

any person to arrange or direct such building works.

3.

The amendments to section 6 have necessitated

some minor amendments to the definition of "authorized

person" in section 2 of the principal Ordinance. These

amendments are contained in clause 2 of the Bill.

Clause 4 of the Bill changes the heading to

Part IV of the principal ordinance so as to reflect its

broader scope.