【法规名称】
【法规编号】 79663 什么是编号？
【正 文】
第2页 CAP 344 BUILDING MANAGEMENT ORDINANCE
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[接上页] (Amended 8 of 1993 s. 2; 27 of 1993 s. 4) Cap 344 s 2A (Repealed 27 of 1993 s. 5) Cap 344 s 3 Appointment of management committee PART II MANAGEMENT COMMITTEE (1) A meeting of the owners to appoint a management committee may be convened by- (a) any person managing the building in accordance with the deed of mutual covenant (if any); or (b) any other person authorized to convene such a meeting by the deed of mutual covenant (if any); or (c) the owners of not less than 5% of the shares.(2) At a meeting convened under subsection (1) a management committee may be appointed- (a) in accordance with the deed of mutual covenant, if the deed provides for the appointment of a management committee; or (b) if there is no deed of mutual covenant, or the deed contains no provision for the appointment of a management committee, by a resolution of the owners of not less than 30% of the shares. (Amended 69 of 2000 s. 3) (Amended 27 of 1993 s. 42) Cap 344 s 3A Appointment of management committee after application to the Authority (1) The Authority may, upon application by the owners of not less than 20% of the shares, order that a meeting of owners shall be convened, by such owner ("convenor" (召集人) ) as the Authority may direct, to appoint a management committee. (Amended 69 of 2000 s. 4) (2) Any person referred to in section 3(1)(a) or (b) shall be entitled to attend a meeting of owners convened under this section. (3) Subject to subsection (5), the meeting of owners convened under this section may, by a resolution passed by a majority of the votes of the owners voting either personally or by proxy, appoint a management committee. (4) Any owner, or person referred to in section 3(1)(a) or (b), as the case may be, who wishes to oppose the appointment of a management committee may, by notice served upon the Authority not less than 7 days before the date of the meeting, object to the order convening the meeting of owners under this section. (5) If, under subsection (4), the Authority receives- (a) notices of objection from owners of not less than 20% of the shares; or (Amended 12 of 1998 s. 2) (b) a notice of objection from a person referred to in section 3(1)(a) or (b) endorsed or otherwise supported by owners of not less than 20% of the shares, (Amended 12 of 1998 s. 2; 69 of 2000 s. 4)any order of the Authority under subsection (1) shall be of no effect and the Authority shall notify the convenor accordingly who shall, so far as practicable, bring the notification to the attention of each owner or other person served with a notice under section 5(1)(ba). (6) Where any order of the Authority is of no effect by virtue of subsection (5) the Authority may advise the applicant to apply to the tribunal under section 4(1)(a) or the Authority or an authorized officer may apply to the tribunal under section 4(1)(b). (Added 27 of 1993 s. 6) Cap 344 s 4 Appointment of management committee after application to tribunal (1) The tribunal may, upon application by- (a) the owners of not less than 10% of the shares; or (Amended 69 of 2000 s. 5) (b) the Authority or an authorized officer, (Replaced 27 of 1993 s. 7)order that a meeting of owners shall be convened, by such owner as the tribunal may direct, to appoint a management committee. (Amended 27 of 1993 s. 42) (2) Upon the making of an order under subsection (1) the tribunal may order that the costs of the application shall be paid by the applicant or by any person opposing the application. (Amended 27 of 1993 s. 42) (3) If a corporation is established under Part III, the corporation shall refund to the applicant any costs paid by him in accordance with an order made under subsection (2). (Amended 27 of 1993 s. 7) (4) The meeting of owners convened under this section may, by a resolution passed by a majority of the votes of the owners voting either personally or by proxy, appoint a management committee. (Replaced 27 of 1993 s. 7) Cap 344 s 5 Notice of and voting at meetings (1) Notice of a meeting convened under section 3, 3A, 4 or 40C shall be served upon each owner, and any person referred to in section 3(1)(a) or (b) in accordance with subsection (2) not less than 14 days before the date of the meeting- (Amended 69 of 2000 s. 6) (a) in the case of a meeting convened by a person referred to in section 3(1)(a) or (b), by the convenor; (b) in the case of a meeting convene by the owners referred to in section 3(1)(c), by an owner nominated by the convenors; (ba) in the case of a meeting convened in accordance with an order made under section 3A(1), by the owner directed by the Authority to convene the meeting; (Added 27 of 1993 s. 8) (c) in the case of a meeting convened in accordance with an order made under section 4(1), by the owner directed by the tribunal to convene the meeting. (Amended L.N. 63 of 1992; 12 of 1998 s. 3)(2) Service of a notice required to be served under subsection (1) may be effected- (a) personally upon the owner, and any person referred to in section 3(1)(a) or (b); or |
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