62
Limitation on liability of members of committee of review.
CAP. 123]
Buildings
(1985 Ed.
53. (1) Without prejudice to section 37(1) or (2), no matter or thing done by all or any of the members of a committee of review, or by any public officer acting on the directions of a committee of review or any member of a committee of review, shall if it were done bona fide for the purpose of executing this Part of this Ordinance subject any member of the committee of review, or any such public officer, personally to any liability or to any claim, demand or action whatsoever, and any liability which would but for this section have been a liability personally of any member of the committee of review or any such public officer shall be a liability of the Crown,
(2) Nothing in this section shall affect in any way any liability of the Crown which exists apart from this section.
(Added, 40 of 1965, s. 10)
PART VIII
Saving.
(18 of 1935.)
Second Schedule.
Validation.
(73 of 1985.) (*23.11.85.)
SAVING AND VALIDATION
54. Notwithstanding the repeal of the Buildings Ordinance 1935, the provisions of sections 110 to 126 of that Ordinance set out in the Second Schedule hereto shall continue in operation until such time as they are replaced by regulations enacted under section 38 or by any other enactment expressed to be in substitution for the provisions of the said sections: (Amended, 16 of 1966, s. 11)
Provided that any reference to an architect in the said sections 110 to 126 shall be taken as references to an authorized person. (Added, 52 of 1974, s. 14)
55. Any public officer whom the Director of Building Development purported to authorize for the purposes of section 2(2) of this Ordinance at any time before the commencement* of the Buildings (Amendment) (No. 2) Ordinance 1985 shall be deemed to have been validly authorized, notwithstanding that the public officer was not an officer of the Building Development Department.
(73 of 1985, s. 4 incorporated)
FIRST SCHEDULE
PROCEDURE OF APPEAL TRIBUNAL
(s. 44.)
1. (1) A person appealing from a decision of the Building Authority under Part VI of this Ordinance (hereinafter referred to as the appellant) shall, within 3 weeks of such decision give notice in writing to the Building Authority stating the substance of the matter relating to his appeal.
(2) Upon receipt of such notice the Building Authority shall convene a meeting of the tribunal.
2. If it appears to the tribunal, after due consideration of any appeal, that no good cause has been shown why an inquiry should be held, it may refuse to hold an inquiry and shall inform the appellant accordingly.
3. (1) The tribunal shall permit the appellant and such other persons as it considers to be prejudiced by the decision, which is the subject of the appeal, to appear and to be heard at the inquiry, to be assisted in the presentation of their cases by other persons and to take such part in the proceedings as the tribunal may think proper:
62
Limitation on liability of members of committee of review.
CAP. 123]
Buildings
(1985 Ed.
53. (1) Without prejudice to section 37(1) or (2), no matter or thing done by all or any of the members of a committee of review, or by any public officer acting on the directions of a committee of review or any member of a committee of review, shall if it were done bona fide for the purpose of executing this Part of this Ordinance subject any member of the committee of review, or any such public officer, personally to any liability or to any claim, demand or action whatsoever, and any liability which would but for this section have been a liability personally of any member of the committee of review or any such public officer shall be a liability of the Crown,
(2) Nothing in this section shall affect in any way any liability of the Crown which exists apart from this section.
( Added, 40 of 1965, s. 10)
PART VIII
Saving.
(18 of 1935.)
Second Schedule.
Validation.
(73 of 1985.) (*23.11 85.1
SAVING AND VALIDATION
54. Notwithstanding the repeal of the Buildings Ordinance 1935. the provisions of sections 110 to 126 of that Ordinance set out in the Second Schedule hereto shall continue in operation until such time as they are replaced by regulations enacted under section 38 or by any other enactment expressed to be in substitution for the provisions of the said sections: (Amended, 16 of 1966, s. 11)
Provided that any reference to an architect in the said sections 110 to 126 shall be taken as references to an authorized person. (Added, 52 of 1974, s. 14)
55. Any public officer whom the Director of Building Devel- opment purported to authorize for the purposes of section 2(2) of this Ordinance at any time before the commencement* of the Buildings (Amendment) (No. 2) Ordinance 1985 shall be deemed to have been validly authorized, notwithstanding that the public officer was not an officer of the Building Development Department.
(73 of 1985, s. 4 incorporated)
FIRST SCHEDULE
PROCEDURE OF APPEAL TRIBUNAL
(s. 44.]
1. (1) A person appealing from a decision of the Building Authority under Part VI of this Ordinance (hereinafter referred to as the appellant) shall, within 3 weeks of such decision give notice in writing to the Building Authority stating the substance of the matter relating to his appeal.
(2) Upon receipt of such notice the Building Authority shall convene a meeting of the tribunal.
2. If it appears to the tribunal. after due consideration of any appeal, that no good cause has been shown why an inquiry should be held, it may refuse to hold an inquiry and shall inform the appellant accordingly.
3. (1) The tribunal shall permit the appellant and such other persons as it considers to be prejudiced by the decision, which is the subject of the appeal, to appear and to be heard at the inquiry, to be assisted in the presentation of their cases by other persons and to take such part in the proceedings as the tribunal may think proper:
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