TNAG-1698-FCO40-2367-Hong-Kong-courts-and-legal-system-Supreme-Court-(Amendment)-1987 — Page 34

(Cap. 123.)

(Cap. 116.)

6

(b) of a height of not more than 7.62 m-

(i) with a roofed-over area not exceeding 92.90 m2 where the buil

complies with approved plans; or

(ii) with a roofed-over area not exceeding 65.03 m2.

(2) In this Part "approved plans" means plans prepared by the Director or plans so prepared and modified with his consent.

2.

PART II

Certificate of exemption in respect of agricultural use

The building when constructed will be of a single storey and a height of not more than 4.57 m.

PART III

Certificate of exemption in respect of replacement housing

3. The building when constructed will have a roofed-over area of not more than 37.16 m2 and be of a height of not more than 5.18 m.

SECOND SCHEDULE

CONSEQUENTIAL AMENDMENTS

(s. 15.]

1. The Buildings Ordinance is amended by deleting section 1(2) and sub- stituting the following--

1986.

of

1986.)

2.

(

of

1986.)

(

of

1986.)

"(2) This Ordinance shall apply to the New Territories in the manner provided by the Buildings Ordinance (Application to the New Territories) Ordinance 1986.".

The Rating Ordinance is amended--

(a) in section 28—

(i) in subsections (2) and (2A), by inserting after "applies," the following— "or in respect of which a certificate of exemption has been issued under

section 4 or 5 of the Buildings Ordinance (Application to the New Territories) Ordinance 1986"; and

(ii) in subsection (2B), by deleting "Secretary for District Administra- tion" and substituting the following-

"Director of Buildings and Lands"; and

(b) in section 36(1)(c)—

of

1986.9

1986.)

(i) in sub-paragraph (i), by deleting "applies or applied; or" and sub- stituting the following-

"applied immediately before the coming into operation of the Buildings Ordinance (Application to the New Territories) Ordinance 1986;";

(ii) in sub-paragraph (ii), by inserting at the end the following-

"or"; and

(iii) by inserting after sub-paragraph (ii) the following-

"(iii) a building in respect of which a certificate of exemption in respect of building works has been issued under section 4 or 5(a), (b) or (d) of the Buildings Ordinance (Application to the New Territories) Ordinance 1986;".

7

3. Section 50(6)(1)(ii) of the Landlord and Tenant (Consolidation) Ordinance (Cap. 7.) mended by inserting after "Buildings Ordinance (Application to the New Territories) Ordinance" the following--

1986.)

of "or the Buildings Ordinance (Application to the New Territories) Ordinance

1986".

Explanatory Memorandum

This Bill repeals and replaces the Buildings Ordinance (Application to the New Territories) Ordinance and Regulations.

2.

3.

Clause 3 applies the Buildings Ordinance to the New Territories.

Part III empowers the Director of Buildings and Lands to issue certificates of exemption for building works for the purpose of village housing, community use, agricultural use or for replacement housing (clause 4). If he issues such a certificate of exemption for building works he may also issue certificates of exemption for site formation works and drainage works (clause 7). All certificates of exemption must be in writing (clause 9) and may be issued subject to such conditions as the Director may impose (clause 10). The effect of a certificate of exemption is, subject to certain limitations as to size, to exempt buildings built in accordance with it from certain provisions of the Buildings Ordinance and from the regulations made thereunder (clause 8).

4. Consequential amendments are made to the Buildings Ordinance, the Rating Ordinance and the Landlord and Tenant (Consolidation) Ordinance (clause 15 and the Second Schedule).

5. Notwithstanding the repeal of the Buildings Ordinance (Application to the New Territories) Ordinance and Regulations by clause 13 building works in progress under the repealed Ordinance and regulations are protected by transitional provisions contained in clause 14.

6. The Bill has no significant Public Service staffing or financial implications.

一九八六年建築物條例(新界適用)條例草案

摘要說明

本草案撤銷並取代建築物條例(新界適用)條例和建築物條例(新

界適用)規例。

= 草案第三條規定:建築物條例對新界適用。

三、 草案第三部授權屋宇地政署署長就下述建築物的建築工程簽發豁免 證明書,即——鄉村屋宇、供社團用的建築物、供農業用的建築物或重建的建 築物(草案第四條)。該署長假如簽發上述各類建築工程豁免證明書,他亦可 以簽發地盤開拓工程和排水工程的豁免證明書(草案第七條)。所有豁免證明 書必須以書面發出者為準(草案第九條),並可附載該署長所訂定的條件(草 案第十條 )。除建築物的大小和高度方面仍須受若干限制外,該豁免證明書的 作用在使按該證明書所列條件而建造的樓宇豁免遵守建築物條例內載的若干條 款規定以及根據該條例規定而制定的規例(草案第八條 )。

四

本草案分別對建築物條例、差餉條例、以及業主與住客(綜合)條 例的有關條款作出因應的修訂(草案第十五條和第二附表)。