【法规名称】
【法规编号】 79663 什么是编号？
【正 文】
第11页 CAP 344 BUILDING MANAGEMENT ORDINANCE
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[接上页] (Added 27 of 1993 s. 28) Cap 344 s 34B Interpretation In this Part- "commencement of the winding up" (清盘开始) means the time of the presentation of the petition to the tribunal for the winding up of the corporation; "relevant owner" (有关业主) means- (a) a person who, at any time between the date of the commencement of the winding up and the date on which the Land Registrar enters particulars of the winding-up petition in the register under section 34A(2)(a) ("the relevant period" (有关期间) ), appears from the records at the Land Registry to be or to have been the owner of a share in a building maintained by a corporation the subject of that petition; and (b) a registered mortgagee in possession of that share during that relevant period. (Added 27 of 1993 s. 28) Cap 344 s 34C Application PART VIA DEEDS OF MUTUAL COVENANT (1) This Part, except where otherwise expressly provided, applies only to a building in respect of which a deed of mutual covenant is in force whether that deed came into force before or after the material date. (2) In the event of any inconsistency between this Part and the terms of a deed of mutual covenant or any other agreement, this Part shall prevail. (Added 27 of 1993 s. 29) Cap 344 s 34D Interpretation (1) In this Part and the Seventh and Eighth Schedules, unless the context otherwise require- "manager" (经理人) in respect of a building, means the person who for the time being is, for the purposes of the deed of mutual covenant in respect of the building, managing that building; "material date" (关键日期) means the commencement of section 29 of the Multi-storey Building (Owners Incorporation) (Amendment) Ordinance 1993 (27 of 1993); "owners' committee" (业主委员会) in respect of a building, means- (a) where a management committee has been appointed under section 3, 3A, 4 or 40C, the management committee; or (Amended 69 of 2000 s. 13) (b) where no such management committee has been appointed, the committee of owners (howsoever named) formed under and in accordance with the deed of mutual covenant in respect of the building.(2) In this Part and the Seventh Schedule, a reference to a resolution of the owners' committee is a reference to a resolution passed by a majority of the votes of the members of the owners' committee present at a meeting convened and conducted in accordance with the deed of mutual covenant. (3) In this Part, a reference to a resolution of the owners is- (a) if there is a corporation, a reference to a resolution passed at a general meeting of the corporation convened and conducted in accordance with the Third Schedule; or (b) if there is no corporation, a reference to a resolution passed by a majority of the votes of the owners voting either personally of by proxy at a general meeting convened and conducted in accordance with the deed of mutual covenant.(4) In the Seventh Schedule, a reference to a resolution of the owners is a reference to a resolution passed at a general meeting of the corporation convened and conducted in accordance with the Third Schedule. (Added 27 of 1993 s. 29) Cap 344 s 34E Mandatory terms in deeds of mutual covenant (1) Subject to subsection (4), the provisions in the Seventh Schedule shall be impliedly incorporated- (a) into every deed of mutual covenant made on or after the material date; and (b) as from the material date, into every deed of mutual covenant made before that date.(2) The provisions incorporated into a deed of mutual covenant by virtue of this section shall- (a) bind the owners and manager of the building; and (b) prevail over any other provision in the deed that is inconsistent with them.(3) This section shall not operate to attach new legal consequences to any act done or omission occurring under a deed of mutual covenant before the material date. (4) The Authority may- (a) subject to subsection (5), upon application by the manager of the building or any other person having an interest in the management of the building; or (b) in the case of an exempt estate, upon the application of the person ("the single manager" (单一经理人) ) who for the time being is, for the purpose of the deed of mutual covenant in respect of the buildings or groups of buildings comprising the estate, managing that estate,from time to time by notice in the Gazette, exclude the application to the building, or to the buildings or groups of buildings comprising the exempt estate, as the case may be, of paragraph 7 of the Seventh Schedule for a period not exceeding 3 years and subject to such conditions (if any) as he sees fit. (5) The Authority shall not exclude the application to the building of paragraph 7 of the Seventh Schedule under subsection (4)(a) if the Authority receives (in aggregate) a number of notices of objection from owners of not less than 50% of the shares in respect of that building, such notices opposing the application under that subsection. (6) Subject to subsection (7), the Authority may, upon application by any owner, manager, person referred to in section 3(1)(a) or (b), any other person having an interest in the management of a building or any single manager, specify by order published in the Gazette the addition of any estate to, or the deletion of any estate (being an exempt estate) from, the Ninth Schedule. |
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