【法规名称】
【法规编号】 68901 什么是编号？
【正 文】
第5页 CAP 301 HONG KONG AIRPORT (CONTROL OF OBSTRUCTIONS) ORDINANCE
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[接上页] (10) Where an occupier who has given notice under subsection (7) and has not revoked the same fails to exercise his right to re-enter within the period allowed by subsection (9), he shall have no further rights of occupation, and the person who would have been entitled to receive the rent from such occupier shall be entitled to recover from him a sum equal to 1 month's rent by action brought in the District Court. Cap 301 s 16 Recovery of cost of works by Director of Buildings Remarks: Adaptation amendments retroactively made - see 61 of 1999 s. 3 (1) Where the Director of Buildings carries out any building works pursuant to the authority in that behalf conferred by section 13(a), he may recover the cost thereof from the owner of the building on which such building works are carried out, and may certify under his hand the amount due and the names of the persons liable therefor, and may by such certificate apportion such cost among such persons. (Amended L.N. 76 of 1982; L.N. 94 of 1986) (2) Such cost may include supervision charges. (3) A copy of the certificate of the Director of Buildings shall be served upon each person affected thereby. (Amended L.N. 76 of 1982; L.N. 94 of 1986) (4) Interest at the rate of 10 per cent per annum from the expiry of 1 month from the date of such service shall be recoverable as part of such cost. (5) The payment of such cost by any person shall be without prejudice to his right to recover the same from any other person. (6) Without prejudice to any other remedy of the Director of Buildings for the recovery of such cost, the same may be recovered as a debt due to the Government. (Replaced 13 of 1966 Schedule. Amended L.N. 76 of 1982; L.N. 94 of 1986; 61 of 1999 s. 3) (7) The writ of summons in connection with such action shall be taken to have been duly served if it appears, to the satisfaction of the court, that the writ was left at the defendant's residence or place of business, or in case the same is unknown, that it was left at the building in respect of which the claim is made. (8) A certificate under subsection (1) purporting to be under the hand of the Director of Buildings shall be prima facie evidence of the facts certified therein and of the signature of the Director of Buildings thereto. (Amended L.N. 76 of 1982; L.N. 94 of 1986) (9) Before the Director of Buildings commences to carry out any such building works as are referred to in subsection (1), he may register in the Land Registry against the land on which the works are to be carried out a notice of his intention to carry out such works, and if such a notice is registered the cost of the works and any interest thereon shall be and remain a first charge upon the said land until paid. (Amended L.N. 76 of 1982; L.N. 94 of 1986; 8 of 1993 s. 2) (Amended L.N. 291 of 1993) Cap 301 s 17 Payment by Government of cost of works Where any person is required to carry out building works in order to comply with the provisions of this Ordinance, the Director of Buildings may, on application being made to him in writing by such person, enter into an agreement with that person for payment by the Government of the cost of the works: (Amended L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993) Provided that this section shall not apply in the case of any building erected in contravention of section 4. Cap 301 s 18 Limitation of public liability (1) No liability shall rest upon the Government or upon any public officer by reason of the fact that any building works are carried out in accordance with the provisions of this Ordinance. (2) No matter or thing done by the Director-General of Civil Aviation or the Director of Buildings or the Director of Lands or by any public officer acting under the direction of either of them or by any supplier of electricity or gas or by any servant or agent of such supplier shall, if it was done bona fide for the purpose of executing this Ordinance, subject them personally to any action, liability, claim or demand whatsoever. (Amended L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993; L.N. 326 of 2000) Cap 301 s 19 Service of orders and notices Wherever in this Ordinance provision is made for service upon any person of any order or notice, it shall, save where otherwise specifically provided, be sufficient service if a copy of such order or notice is- (a) delivered to the person upon whom it is to be served; or (b) sent by registered post to the last known place of business or residence of such person; or (c) left with an adult occupier of the premises to which the order or notice relates; or (d) posted upon a conspicuous part of such premises and published in the Gazette. Cap 301 s 20 Offences Any person who- (a) carries out any building works in contravention of the provisions of section 4; (b) fails to comply with a notice under section 6(3); (c) obscures, severs, breaks or otherwise tampers with any mark, lighting or structure provided or erected in pursuance of the provisions of this Ordinance; |
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