【法规名称】
【法规编号】 79663 什么是编号？
【正 文】
第3页 CAP 344 BUILDING MANAGEMENT ORDINANCE
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[接上页] (b) by post addressed to the owner, and any person referred to in section 3(1)(a) or (b) at his last known address; or (Replaced 27 of 1993 s. 8) (c) in the case of an owner, by leaving the notice at the owner's flat or depositing the notice in his letter box. (Replaced 27 of 1993 s. 8. Amended 12 of 1998 s. 3)(3) A notice required to be served under subsection (1) shall- (a) be displayed in a prominent place in the building; and (b) be published in a newspaper, from amongst a list of newspapers specified by the Authority from time to time for that purpose, (Amended 69 of 2000 s. 6)and the display and publication of that notice shall be effected by the person referred to in paragraph (a), (b), (ba) or (c) of that subsection, as the case may be. (Replaced 27 of 1993 s. 8) (4) A notice under subsection (1) shall specify- (a) the date, time and place of such meeting; and (b) the resolutions which are to be proposed and, in particular, the resolution for the appointment of a management committee.(5) At a meeting convened under section 3, 3A, 4 or 40C- (Amended 69 of 2000 s. 6) (a) each owner shall, save where the deed of mutual covenant otherwise provides, have one vote in respect of each share which he owns; (b) a vote may be cast either personally or by a proxy appointed in accordance with paragraph 4(2) of the Third Schedule; and (c) if a share is jointly owned by 2 or more persons, the vote in respect of that share may be cast- (i) by a proxy jointly appointed by the co-owners; or (ii) by one co-owner appointed by the others; or (iii) if no appointment has been made under subparagraph (i) or (ii), then either personally or by proxy by one of the co-owners; and, in the case of any meeting where more than one of the co-owners seeks to cast a vote in respect of the share, only the vote that is cast, in person or by proxy, by the co-owner whose name, in order of priority, stands highest in relation to that share in the register kept at the Land Registry shall be treated as valid. (Replaced 69 of 2000 s. 6)(6) For the purposes of subsection (5), the appointment of a proxy shall have no effect unless the instrument appointing the proxy is lodged with the person or one of the persons, as the case may be, who convened the meeting not less than 24 hours before the time for the holding of the meeting at which the proxy proposes to vote, or within such lesser time as the person presiding at the meeting shall allow. (Amended 27 of 1993 ss. 8 & 42) Cap 344 s 5A Application of section 5 to meetings held under section 40C For the purposes of the application of section 5 (notice of and voting at meetings) to meetings held under section 40C- (a) the references in section 5 to an "owner" shall be construed as references to a person who is an owner of any particular percentage of the total number of shares into which the building is divided; (b) section 5(5)(a) shall apply to a meeting to be held under section 40C, as if the words "shall have one vote" were substituted for "shall, save where the deed of mutual covenant otherwise provides, have one vote in respect of each share which he owns"; (c) section 5(5)(c) shall apply as if it were deleted and the following substituted- "(c) in the case of joint ownership, the vote may be cast- (i) by a proxy jointly appointed by the co-owners; (ii) by one co-owner appointed by the others; or (iii) if no appointment has been made under subparagraph (i) or (ii), then either personally or by proxy by one of the co-owners; and, in the case of any meeting where more than one of the co-owners seeks to cast a vote, only the vote that is cast, in person or by proxy, by the co-owner whose name, in order of priority, stands highest in the register kept at the Land Registry shall be treated as valid.". (Added 69 of 2000 s. 7) Cap 344 s 5B Enumeration of owners Schedule 11 shall have effect with respect to the enumeration of the percentage of owners referred to in the provisions of the Ordinance specified in that Schedule in the case where, in those provisions as so specified, a reference to a percentage of the owners is- (a) to be construed as a reference to the total expressed percentage of the number of persons who are owners without regard to their ownership of any particular percentage of the total number of shares into which the building is divided; and (b) not to be construed as the owners of the total expressed percentage of the shares. (Added 69 of 2000 s. 7) Cap 344 s 6 Composition and procedure of management committee The Second Schedule shall have effect with respect to the composition and procedure of a management committee. (Amended 27 of 1993 s. 42) Cap 344 s 7 Application by management committee for registration of owners as a corporation PART III INCORPORATION (1) A management committee appointed under section 3, 3A, 4 or 40C shall within 28 days of such appointment apply to the Land Registrar for the registration of the owners as a corporation under this Ordinance. (Amended 8 of 1993 s. 3) |
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