TNAG-1363-FCO40-1809-Hong-Kong-Hansard-reports-and-minutes-of-the-meetings-of-the-1985 — Page 106

Speech by the Hon. CHAN Nai-keong, CBE, JP, Secretary for Lands and Works, at Legislative Council held on 6 November, 1985

Buildings (Amendment) (No. 2) Bill 1985

Sir,

I move that the Buildings (Amendment) (No. 2)

Bill 1985 be read a second time.

2.

This Bill seeks to amend section 2(2) of the

Buildings Ordinance to extend the Director of Building Development's power of delegation to any public officer.

3.

Under section 2(2) of the Buildings Ordinance the Director of Public Works was empowered to delegate any duties imposed on or powers granted to the Building Authority to any office:

of the Public Works Department. On defederalisation of the

Public Works Department in 1982, section 2 (2) of the Buildings Ordinance was amended transferring this power of delegation to the

Director of Building Development and thence to officers within the Building Development Department.

4.

Prior to defederalisation, powers under certain

sections of the Buildings Ordinance and Regulations had been

delegated to officers of the Highways Office. All these delegations include the recovery of costs of work carried out by the Building Authority. As these officers are now within the Engineering Development Department, the current delegation which should be restricted to the Building Development Department is no longer valid. In addition, some Project Managers of the New Territories

Development Department have been delegated with powers to act on behalf of the Building Authority. Assistance of other departments is still required for the administration of the Buildings Ordinance. The deficiency in the power of the Director of Building Development

to delegate outside the Building Development Department therefore

needs to be rectified.

5.

Clause 2 of the Bill amends section 2(2) of the Buildings Ordinance to permit the Director of Building Development to delegate to any public officer. Clause 3 of the Bill validates

the delegations made to public officers other than those in the Building Development Department.

6.

Sir, I move that the debate be now adjourned.