【法规名称】
【法规编号】 68901 什么是编号？
【正 文】
第4页 CAP 301 HONG KONG AIRPORT (CONTROL OF OBSTRUCTIONS) ORDINANCE
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[接上页] (2) Any person who fails to comply with a notice under subsection (1) within 14 days of service of such notice commits an offence and is liable to a fine of $2000 and to imprisonment for 6 months. (3) Where a notice under subsection (1) is not complied with within 14 days of service thereof or where in the opinion of the Director-General of Civil Aviation the proper operation of any warning light, guiding light, aircraft beacon or navigational or approach aids requires the immediate felling of, removal of or dealing with any tree, shrub, plant or vegetation, the Director or any public officer authorized in writing by him in that behalf may at any time enter upon any land and may fell, remove or deal with in such manner as the Director may specify any such tree, shrub, plant or vegetation. (Amended L.N. 326 of 2000) (4) Any reasonable expenses incurred by an occupier in complying with a notice under subsection (1) shall be paid by the Government. (Added 77 of 1978 s. 5) Cap 301 s 15 Closure orders in relation to buildings to be demolished or reduced in height (1) Where a building has to be demolished or reduced in height so that it may conform to the requirements of this Ordinance or any order made thereunder, and the owner of the building or the Director of Buildings, as the case may be, is about to undertake building works in order to effect such demolition or reduction in height, the owner or the Director may apply to a magistrate for a closure order in relation to that building or any part thereof, and the magistrate shall make such order if he is satisfied that notice has been given in accordance with the provisions of subsection (4), and that it is necessary or expedient to order the closure of the building or part thereof so that such works may be expeditiously and properly carried out. (Amended L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993) (2) A closure order under this section shall- (a) specify the building or part thereof to be closed; and (b) order the closure of such building or part thereof under the direction of a police officer; and (c) order- (i) in the case of demolition, that the building be closed; or (ii) in the case of reduction in height, that the building or part thereof remain closed until the Director of Buildings has given a certificate to the owner that the order is no longer required. (Amended L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993)(3) No person shall occupy a building or part of a building to which a closure order relates during the continuance in force of the order. (4) At least 7 days' notice of intention to apply for a closure order shall be given by the person making such application by posting the notice on a conspicuous part of the building to which it relates, and upon being so posted it shall be sufficient notice to all persons of such intention. (5) Such notice shall be in both the English and the Chinese languages and shall specify the building to which it relates and whether the same is to be demolished or reduced in height, and in the case of a reduction in height, the extent thereof, the premises to be closed and the estimated period of closure; and in addition, in the case of a reduction in height, such notice shall reproduce this section in full. (6) Any occupier who is evicted from a building under a closure order made to enable a reduction in height thereof to be effected shall, subject to the following provisions of this section, be entitled to re-enter and re-occupy the premises occupied by him immediately prior to his eviction, but this subsection shall not be taken to preserve or revive any rights necessarily extinguished or curtailed by the carrying out of any building works undertaken to effect such reduction in height. (7) (a) Not later than 14 days after the making of a closure order in relation to the reduction in height of a building, any occupier whose rights will not be extinguished by any building works undertaken to effect such reduction may serve upon the owner notice of his intention to re-occupy, on the expiry of the closure order, the premises occupied by him at the date of the giving of notice under subsection (4). (b) Such notice of intention to re-occupy shall specify an address at which a notice under subsection (8) may be served. (c) Such notice of intention to re-occupy may be revoked in like manner by the occupier during the continuance in force of the closure order.(8) Within 3 days of the receipt of a certificate of the Director of Buildings given under subsection (2)(c)(ii), the owner of the building to which it relates shall serve notice of the expiry of the closure order upon every occupier who has given notice under subsection (7)(a), and has not revoked the same, and such notice of expiry shall be served by sending it by registered post to such occupier at the address specified in the notice given by him under subsection (7). (Amended L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993) (9) Any occupier who has given notice under subsection (7) and has not revoked the same, may, within 14 days of the date of service of the notice of expiry, re-enter and re-occupy the premises previously occupied by him to the extent that the same are still in existence, upon such terms and conditions relating to the premises as were in force at the date of the closure order in so far as the same are still applicable, and, in the event of the value of the premises to the occupier having been diminished as a result of the carrying out of any such building works as are referred to in subsection (1), at such reduced rent as is reasonable having regard to all the circumstances, and in default of agreement between the parties as to the amount of such reduced rent, the amount shall be determined by arbitration in accordance with the provisions of the Arbitration Ordinance (Cap 341). |
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