【法规名称】
【法规编号】 79663 什么是编号？
【正 文】
第7页 CAP 344 BUILDING MANAGEMENT ORDINANCE
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[接上页] Cap 344 s 19 Corporation may sell or register charges against flat in certain circumstances (1) If a deed of mutual covenant provides that if an owner fails to pay any sum which is payable under the deed of mutual covenant, a person may sell that owner's interest in the land or register a charge against such interest in the Land Registry, then, notwithstanding the provisions of the deed of mutual covenant, the corporation may, to the exclusion of such person, exercise such power of sale or register such charge in the same manner and subject to the same conditions as if it were the person referred to in the deed of mutual covenant. (Amended 8 of 1993 s. 2; 27 of 1993 s. 18) (2) The reference in subsection (1) to "fails to pay any sum which is payable under the deed of mutual covenant" shall be construed to extend to the failure by an owner to pay the costs incurred by the management committee in connection with the exercise by it of the powers conferred by section 40(1)(a)(ii) or (b). (Added 27 of 1993 s. 18) Cap 344 s 20 Establishment of funds Remarks: Amendments retroactively made - see 29 of 1998 s. 105 (1) A corporation shall establish and maintain a general fund- (a) to defray the cost of the exercise of its powers and the performance of its duties under the deed of mutual covenant (if any) and this Ordinance; and (b) to pay Government rent, premiums, taxes or other outgoings (including any outgoings in relation to any maintenance or repair work) which are payable in respect of the building as a whole. (Amended 27 of 1993 s. 19; 29 of 1998 s. 105)(2) A corporation may establish and maintain a contingency fund- (a) to provide for any expenditure of an unexpected or urgent nature; and (b) to meet any payments of the kind specified in sub-section (1) if the fund established thereby is insufficient to meet them.(3) A corporation shall maintain an interest-bearing account and shall use that account exclusively in respect of the management of the building. (Added 27 of 1993 s. 19) (4) Subject to subsections (5) and (6), a corporation shall without delay pay all money received by the corporation in respect of the management of the building into the account maintained under subsection (3). (Added 27 of 1993 s. 19) (5) Subject to subsection (6), the treasurer of a management committee may, out of money received by the corporation in respect of the management of the building, retain or pay into a current account a reasonable amount to cover expenditure of a minor nature, but that amount shall not exceed such figure as is determined from time to time by a resolution of the management committee. (Added 27 of 1993 s. 19) (6) The retention of a reasonable amount of money under subsection (5) or the payment of that amount into a current account in accordance with that subsection and any other arrangement for dealing with money received by a corporation shall be subject to such conditions as may be approved by a resolution of the management committee. (Added 27 of 1993 s. 19) (7) Any reference in this section to an account is a reference to an account opened- (a) with a bank within the meaning of section 2 of the Banking Ordinance (Cap 155); and (b) in the name of the corporation. (Replaced 49 of 1995 s. 53) Cap 344 s 20A Supplies, goods and services (1) The procurement of all supplies, goods or services required by a corporation in the exercise of its powers and the performance of its duties under the deed of mutual covenant (if any) or this Ordinance shall comply with such standards and guidelines as may be specified in a Code of Practice relating to such procurement. (2) Any supplies, goods or services referred to in subsection (1) the value of which exceeds or is likely to exceed- (a) the sum of $100000 or such other sum in substitution therefor as the Authority may specify by notice in the Gazette; or (b) a sum which is equivalent to 20% of the annual budget of the corporation or such other percentage in substitution therefor as may be approved by the corporation by a resolution passed at a general meeting,whichever is the lesser, shall be procured by invitation to tender. (3) The procurement by invitation to tender of any supplies, goods or services under subsection (2) and the tender procedure in respect thereof shall comply with such standards and guidelines as may be specified in a Code of Practice relating to such procurement and tender procedures. (4) All tender documents, copies of contracts, accounts and invoices and any other documents in the possession of a corporation and relating to the procurement of supplies, goods and services shall be kept by the corporation for such period, being not less than 6 years, as the corporation may determine. (Added 27 of 1993 s. 20) Cap 344 s 21 Contributions to funds (1) Subject to subsection (4), a management committee shall determine the amount to be contributed by the owners to the funds established and maintained under section 20 during such period- |
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