【法规名称】
【法规编号】 79663 什么是编号？
【正 文】
第10页 CAP 344 BUILDING MANAGEMENT ORDINANCE
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[接上页] (3) The treasurer shall, if requested by the Authority or an authorized officer and without raising any charge, supply the copies referred to in subsection (2) to the Authority or that officer. (Added 27 of 1993 s. 24) Cap 344 s 29 Management committee to perform duties and exercise powers of corporation Subject to this Ordinance, the powers and duties conferred or imposed by this Ordinance on a corporation shall be exercised and performed on behalf of the corporation by the management committee. Cap 344 s 30 Dissolution of management committee and appointment of administrator PART V DISSOLUTION OF MANAGEMENT COMMITTEE AND APPOINTMENT OF ADMINISTRATOR (1) Subject to this section, the owners present at a meeting of the corporation convened under paragraph 1 of the Third Schedule may appoint an administrator and thereafter resolve that the management committee be dissolved. (2) A resolution under subsection (1) shall have no effect until a copy thereof, certified as correct by the chairman of the meeting at which the resolution was passed, is lodged with the Land Registrar within 14 days after the date of the meeting. (Amended 27 of 1993 s. 42) (3) An administrator shall hold office from the date upon which a certified copy of the resolution referred to in subsection (1) is lodged with the Land Registrar until- (a) the owners present at a meeting of the corporation convened under paragraph 1 of the Third Schedule appoint- (i) another administrator; or (ii) a new management committee; or(b) the tribunal appoints an administrator under section 31. (Amended 27 of 1993 s. 42) (Amended 8 of 1993 s. 3) Cap 344 s 31 Appointment of administrator by the court (1) The tribunal may, upon application made to it by- (a) an owner; (b) a registered mortgagee (if any); (c) an administrator; or (d) the Authority or an authorized officer, (Replaced 27 of 1993 s. 25)dissolve the management committee and appoint an administrator, or remove and replace an administrator, as the case may be. (Amended 27 of 1993 s. 42) (2) The tribunal may direct that an administrator appointed under subsection (1) shall hold office for an indefinite period or for a fixed period on such terms and conditions as to remuneration or otherwise as it thinks fit, and the remuneration and expenses of the administrator shall be deemed to be part of the expenses of management of the building under this Ordinance. (Amended 27 of 1993 s. 42) Cap 344 s 32 Powers and duties of an administrator (1) An administrator shall have all the powers and duties of a management committee and of the chairman, secretary and treasurer thereof. (Amended 27 of 1993 s. 26) (2) An administrator shall, within 7 days of the date of his appointment or the determination of his appointment, give notice thereof to the Land Registrar in such form as the Land Registrar may specify. (Amended 8 of 1993 s. 3; 27 of 1993 s. 42) (3) Any person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine of $100 for each day during which the contravention continues. (Amended 27 of 1993 s. 42) Cap 344 s 33 Winding up of corporations PART VI WINDING UP OF CORPORATIONS (1) A corporation may be wound up under the provisions of Part X of the Companies Ordinance (Cap 32) as if it were an unregistered company within the meaning of that Ordinance and the provisions of that Ordinance relating to the winding up of an unregistered company shall, in so far as they are applicable, apply to the winding up of a corporation. (2) In applying the provisions of the Companies Ordinance (Cap 32) under subsection (1)- (a) a reference to a director of a company shall be deemed to be a reference to a member of a management committee ; and (b) a reference to a member of a company shall be deemed to be a reference to an owner. Cap 344 s 34 Liability of owners on winding up In the winding up of a corporation under section 33, the owners shall be liable, both jointly and severally, to contribute, according to their respective shares, to the assets of the corporation to an amount sufficient to discharge its debts and liabilities. (Amended 27 of 1993 s. 27) Cap 344 s 34A Winding-up petitions and orders to be noted in register and records (1) Where- (a) a winding-up petition in respect of a corporation is presented to the tribunal by a petitioner; or (b) a winding-up order in respect of a corporation is made by the tribunal,the petitioner shall, as soon as is reasonably practicable, deliver a copy of the winding-up petition or the winding-up order, as the case may be, to the Land Registry. (2) The Land Registrar shall, on receipt of the copy of the winding-up petition or winding-up order, as the case may be, referred to in subsection (1)- (a) enter particulars of that petition or order in the register; and (b) endorse particulars of that petition or order on any record at the Land Registry in respect of a relevant owner.(3) If the petitioner referred to in subsection (1) fails to comply with that subsection no action or proceeding under the Companies Ordinance (Cap 32) shall be commenced or proceeded with until such time as he complies with that subsection, and any action or proceeding which has been commenced in respect of the corporation shall be stayed by the tribunal or otherwise cease and be of no effect until such time as that petitioner complies with that subsection. |
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