【法规名称】
【法规编号】 79663 什么是编号？
【正 文】
第8页 CAP 344 BUILDING MANAGEMENT ORDINANCE
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[接上页] (a) in the case of the first such period after the date of registration of the corporation, not exceeding 15 months; and (b) in any other case, not exceeding 12 months,as the management committee may determine. (Replaced 27 of 1993 s. 21) (1A) Subject to subsection (3), any amount ("subsequent amount" (其后的款额) ) determined by a management committee under subsection (1) after the first such amount (so determined under that subsection) shall not exceed a sum equivalent to 150% of the preceding amount (so determined under that subsection) unless that subsequent amount is approved by the corporation by a resolution passed at a general meeting. (Added 27 of 1993 s. 21) (2) Subject to section 14(1) and to subsection (3), a management committee shall not increase the amount determined in accordance with subsection (1). (Amended 27 of 1993 s. 42) (3) A management committee may increase the amount required to be contributed by the owners to the extent to which the funds established and maintained under section 20 are insufficient to meet any payment due by the corporation in respect of the cost of complying with- (a) an order of the tribunal; or (Amended 27 of 1993 s. 42) (b) any notice, order or other document served upon the corporation in relation to the common parts by a public officer or public body under any Ordinance.(4) The Fifth Schedule shall have effect with respect to the amount to be determined under subsection (1), the preparation of budgets by the management committee for such determinations and the supply of copies of any documents in respect of those budgets. (Added 27 of 1993 s. 21) (5) In the event of any inconsistency between this section (which shall be construed to include the Fifth Schedule) and the terms of a deed of mutual covenant or any other agreement, this section shall prevail. (Added 27 of 1993 s. 21) Cap 344 s 22 Recovery of contributions from owners (1) The amount to be contributed by an owner towards the amount determined under section 21 shall be- (a) fixed by the management committee in accordance with the deed of mutual covenant (if any); (b) payable at such times and in such manner as the management committee may determine. (Amended 27 of 1993 s. 22)(2) If there is no deed of mutual covenant, or if the deed of mutual covenant does not provide for the fixing of contributions, the amount to be contributed by an owner towards the amount determined under section 21 shall be fixed by the management committee in accordance with the respective shares of the owners. (3) The amount payable by an owner under this section shall be a debt due from him to the corporation at the time when it is payable. (4) A certificate in writing signed by the chairman of the management committee stating the amount to be contributed under this section by an owner and when it is payable shall be admissible in evidence in any proceedings as prima facie evidence of the facts stated therein without further proof. Cap 344 s 23 Liability of occupier to pay contributions to funds (1) If any amount payable under section 22 by an owner who is not occupying a flat in the building concerned remains unpaid for a period of one month after it has become due to the corporation, the corporation may, without prejudice to any right of action against the owner, by notice in writing addressed to the occupier of the flat and served upon him either personally or by registered post, demand such amount from the occupier, who shall, subject to subsection (2), thereupon be liable to pay the same to the corporation. (2) Notwithstanding subsection (1), the liability of the occupier of a flat to pay an amount demanded from him under subsection (1) shall extend only to such amount of rent or other charge (exclusive of rates) as is due at the time of service on him of the demand, or falls due subsequently from him, in respect of his occupation of the flat. (3) In any proceedings by a corporation to recover an amount payable under subsection (1), it shall be presumed, until the contrary is proved, that the amount claimed does not exceed the amount of rent or other charge (exclusive of rates) due from the occupier at the time of commencement of such proceedings. (4) If an occupier of a flat has paid an amount in accordance with this section- (a) that amount may, subject to the terms on which he occupies the flat, be deducted by him from the rent or other charge due in respect of his occupation of the flat; and (b) any person, not being the owner, to whom such rent or other charge has been paid subject to such deduction, may in like manner as the occupier deduct such amount from the rent or other charge due from him in respect of the flat.(5) Any deduction by an occupier or other person under subsection (4) shall operate as a discharge, to the extent of the amount so deducted, of his liability for the rent or other charge. Cap 344 s 24 Distress for contributions (1) Subject to the provisions of this section, Part III of the Landlord and Tenant (Consolidation) Ordinance (Cap 7) shall apply to an amount payable under section 22 or 23 as if the amount were rent payable to the corporation as landlord of the owner's flat. (Rectified by the Attorney General under the Revised Edition of the Laws Ordinance 1965) (Amended L.N. 67 of 1985) |
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