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Ord. No. 24/79
BUILDINGS (AMENDMENT)
$5,000 for each day during which it is proved to the satisfaction of the court that the failure to comply with the order has continued.
(1C) Any person who-
(a) without reasonable excuse, fails to comply with an
order served on him under section 32(2); or
(b) contravenes section 32(3),
shall be guilty of an offence and shall be liable on convic- tion to a fine of $2,000 and to imprisonment for 6 months.
(2) Any person who-
(a) fails to give any notice required to be given under
section 25(1);
(b) contravenes any condition of a permit granted by
the Building Authority under section 42; or
(c) obstructs the Building Authority, any officer author- ized by him, any other public officer, a committee of review appointed under section 50 or any member of such committee of review, in the exercise of his or its powers under this Ordinance,
shall be guilty of an offence and shall, without prejudice to any other penalty, be liable on conviction to a fine of $10,000 and to imprisonment for 6 months.”;
(b) in subsection (2A)—
(i) by deleting paragraph (c) and substituting the following— "(c) knowingly misrepresents a material fact in any plan, certificate, form or notice given to the Building Authority under this Ordinance,";
(ii) by deleting "$50,000 and to imprisonment for 2 years:" and substituting the following-
"$250,000 and to imprisonment for 3 years."; and
(iii) by deleting the proviso;
(c) by inserting after subsection (2A) the following subsection-
“(2AA) Any authorized person or registered structural engineer who contravenes section 4(3)(b), or any registered contractor who contravenes section 9(3)(b), shall be guilty of an offence and shall be liable on conviction to a fine of $250,000 and to imprisonment for 3 years:
Provided that it shall be a defence in any prosecution for a contravention of any section referred to in this subsection for the person charged to prove to the satisfaction of the court that he did not know, nor could reasonably have dis- covered, the contravention referred to in the charge."; (d) by deleting subsection (2B) and substituting the following-
"(2B) Any person (whether or not an authorized person, a registered structural engineer or a registered contractor) directly concerned with any site formation works, piling works, foundation works or other form of building works who-
(a) carries out or has carried out such works, or authorizes or permits or has authorized or permitted such works to be carried out, in such manner that
BUILDINGS (AMENDMENT)
Ord. No. 24/79
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it causes injury to any person or damage to any property; or
(b) carries out or has carried out such works, or author- izes or permits or has authorized or permitted such works to be carried out, in such manner as is likely to cause a risk of injury to any person or damage to any property,
shall be guilty of an offence and shall be liable on conviction to a fine of $250,000 and to imprisonment for 3 years.";
(e) in subsection (2C)—
(i) in paragraph (a), by deleting "$50,000 and to imprisonment for 2 years" and substituting the following-
"$250,000 and to imprisonment for 3 years"; and
(ii) in paragraph (b), by deleting "$10,000" and substituting the following-
"$50,000";
(f) in subsection (3), by deleting "$2,000 and to imprisonment for
6 months" and substituting the following-
"$50,000 and to imprisonment for 1 year"; and
(g) in subsection (4), by deleting "$2,000 and to imprisonment for
6 months" and substituting the following-
"$50,000 and to imprisonment for 1 year".
Passed by the Hong Kong Legislative Council this 25th day of April 1979.
STEPHEN S. P. Tam,
Clerk to the Legislative Council.
This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.
STEPHEN S. P. Tam, Clerk to the Legislative Council.
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