1964_BUILDINGS_ORDINANCE — Page 55

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CAP. 123

Buildings

[1985 Ed.

obstructs the entry to the building specified in such warrant of any police officer or other person authorized by such warrant to enter the same shall be guilty of an offence and shall be liable to a fine of $50,000 and to imprisonment for 1 year. ( Added, 40 of 1965, s. 7. Amended, 24 of 1979, s. 3)

(4A) Any person who, after a copy of warrant issued under section 28C has been posted under subsection (2) of that section, obstructs the entry upon the land specified in the warrant by any police officer or other person authorized by the warrant to enter upon the land or obstructs the carrying out or maintenance of any groundwater drainage works by any person authorized by the warrant to carry out or maintain the works shall be guilty of an offence and shall be liable to a fine of $50,000 and to imprisonment for 1 year. (Added, 41 of 1982, s. 10)

(5) Any person, being a person directly concerned in or with any building works, street works, lift works or escalator works, who permits the commission of any offence specified in this section shall be deemed to be guilty of such offence and shall be liable to the penalty prescribed therefor. ( Replaced, 44 of 1959, s. 20)

(6) Where an offence under this Ordinance has been com- mitted by a body corporate, a partnership or association of persons unincorporated, any person who at the time of the com- mission of the offence was a director, manager, partner, secretary or other similar officer thereof, or was purporting to act in any such capacity, shall also be deemed guilty of such offence unless he proves that the offence was committed without his consent or connivance, and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.

(7) Where anything is required to be done by the owner of a building, and by virtue of section 2 there is more than one owner of such building, it shall be a defence to any charge of failing to do that thing-

(a) that such thing was done by another owner of the building;

or

(b) that any notice or order in respect of such thing required under this Ordinance to be served on the owner was served on another owner of the building and not on the person charged.

(7A) Where anything is required to be done by an owner of land or by a person referred to in section 27A(1), it shall be a defence to any charge of failing to do that thing that any notice or order in respect of such thing required under this Ordinance to be served on the owner or on such person was served on another owner of the land or on another such person and not on the person charged. (Added, 72 of 1980, s. 15)

(8) Any prosecution under the provisions of this Ordinance may be commenced within 6 months of the commission of the

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