221519-1935-Supplementary-Buildings — Page 10

Divergence

or deviation from approved plans.

Power of magistrate to require compliance

with Ordin.

ance.

Chinese domestic buildings within Mid-level,

Hill, or Kowloon Toint Districts

prohibited.

Building Authority to inspect any such

building on complaint.

Restriction

to the

Chinese in the Mid-

level, Hill or Kowloon Point District.

866

(b) Every material divergence or deviation from the work shown in any plan approved by the Building Authority, unless such divergence or deviation has received the written approval of the Building Authority shall be deemed a contravention of this Ordinance. In respect of any such divergence or devia- tion which is not so approved, every owner, agent, architect, engineer or clerk of works who condones such divergence or deviation and every contractor employed in the building who carried out such divergence or deviation shall upon summary conviction be liable to a fine not exceeding two thousand dollars in respect of every such divergence or deviation. Every material divergence or deviation from the work shown In such plan shall be reported in writing to the Building Authority within seven days from the date on which such divergence or deviation occurred, by the authorised architect whose duty it is to supervise such work. Failure on the part of such authorised architect to furnish such report to the Building Authority within the above-mentioned period shall render such authorised architect liable upon summary conviction to a fine not exceeding two thousand dollars and such failure shall be deemed prima facie evidence of condona- tion by such authorised architect of such divergence or deviation.

(7) In the case of any contravention of this Ordinance under sub-section (6), a Magistrate shall also have power to order the building works or any portion thereof to be forthwith altered or demolished so as to comply with the requirements of this Ordinance and to the satisfaction of the Building Authority.

Design of buildings.

7. It shall not be lawful to crect any Chinese domestic building (unless specially sanctioned by the Director of Public Works who shall be the sole judge as to what constitutes a Chinese domestic building) other than quarters for occupation by servants, within the Mid-level District, the Hill District or Kowloon Point District and no non-Chinese domestic build- ing shall be divided with the object of providing for its occupa- tion by more than one person to every one thousand cubic feet of clear internal space.

8. Upon the complaint of any person (whether such per- son be aggrieved or not) that a Chinese domestic building has been built within the Mid-level District, the Hill District, or Kowloon Point District or that any domestic building in either of such districts is sub-divided, in contravention of the pro- visions of this Ordinance, the Building Authority or any officer deputed by him for the purpose, shall inspect such building, and any person in any way obstructing such inspection shall be deemed to be acting in contravention of this Ordinance.

9. Nothing in sections 7 and 8 shall be held to prevent not to apply the owners of Chinese domestic buildings now existing within residences of the Mid-level District or the Hill District, or Kowloon Point District from repairing such buildings in accordance with their present structure, nor shall anything in this Ordinance be held to preclude any Chinese or other person from owning or occupying or residing in any lawful domestic building in the Mid-level District, the Hill District or Kowloon Point District; nor shall the said sections apply to any land in the occupation of the Naval, Military or Air-force Departments, but they shall

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