221402-1935-Supplementary-Public-Health-Sanitation- — Page 33

Vacancies

among arbitrators.

Breach of

condition of

modification

680

94. During the pendency of any proceedings before the arbitrators, if either of them shall from any cause be unable to act, his place, if he is a person appointed by the Governor, shall be filled by some other person so appointed, and if he is a person appointed by the claimant, shall be filled by some other person so appointed.

Miscellaneous.

95. The breach of or failure to perform any term or condition attached to any modification of or exemption from or exemption. any provision of this Ordinance shall entitle the authority by whom such modification or exemption was granted to can- cel such modification or exemption, and thereafter the said provision shall apply to the property affected as if no such modification or exemption had been granted.

of modifica- tion and

thereof,

Registration 96. A memorandum stating the effect of any modifica- tion of or exemption from any provision of this Ordinance and cancellation of any terms or conditions attached thereto, signed by or on behalf of the authority granting it, and by or on behalf of the owner, may be registered in the Land Office against the pro- perty affected on payment by such owner of a fee of three dollars (such fee to be paid in stamps), and in the event of the cancellation of any modification or exemption a memorandum thereof signed by or on behalf of the cancelling authority shall be registered by the Land Officer against the property affected without fee.

Limitation of personal liability of members of the Council, Building Authority

and others.

Protection

of persons acting

under the Ordinance, Ordinance

No 31 of 1911.

Application

of Ordin- ance to New Territories,

etc.

Certificates granted under

Ordinances repealed preserved.

97. No matter or thing done by the Council or Building Authority or by any member of the Council, or by any Health Officer or Sanitary Inspector or other person whomsoever acting under the direction of the Council, a Health Officer or the Building Authority, shall, if it was done bonâ fide for the purpose of executing this Ordinance, subject them or any of them personally to any action, liability, claim or demand whatsoever: Provided that nothing herein contained shall exempt any person from any proceeding by way of mandamus, injunction, prohibition or other order unless it is expressly so enacted.

98. The provisions of section 48 of the Interpretation Ordinance, 1911, shall apply to actions or proceedings com- menced against the Council, a Health Officer, the Building Authority or any person acting under their or his direction, or against any member of the Urban Council or any officer or other person acting in his aid, for anything done or intended to be done or omitted to be done under the provisions of this Ordinance.

99. This Ordinance and the regulations and by-laws made thereunder shall not apply to any part of the New Terri- tories, except New Kowloon, unless and to such extent as the Governor in Council shall by order otherwise direct.

100. Nothing in this Ordinance shall be deemed in any way to derogate from or lessen the validity or effect of any licence, certificate or written permission of the Sanitary Board granted before the commencement of this Ordinance under the authority of or in accordance with any Ordinance in force at the date of the issue of such licence, certificate or written permission.