【法规名称】
【法规编号】 79695 什么是编号？
【正 文】
第10页 CAP 131 TOWN PLANNING ORDINANCE
|
[接上页] (i) the unauthorized development has been discontinued; (ii) permission for the development has been obtained under section 16; or (iii) the steps have been taken as required by the notice,as the case may be, and shall as soon as reasonably practicable register such further notice in the Land Registry. (Added 101 of 1991 s. 5. Amended 8 of 1993 s. 2) (4B) A notice served under subsection (1), (2), (3) or (4A) shall be deemed to be an instrument affecting land or premises and shall be registrable in the manner required by or under the Land Registration Ordinance (Cap 128). (Added 101 of 1991 s. 5) (5) Where permission to undertake or continue development on land referred to in subsection (4)(a) was granted under section 26 before the land was included within the plan of the development permission area, the permission shall, for the purposes of sections 20(7)(c) and 21(1)(c) and subsection (1)(b)(ii), be deemed to be permission granted by the Board under section 16. (6) Where, by the date specified in that regard in a notice under this section- (a) the development has not been discontinued; (b) steps have not been taken as required under subsection (2); or (c) land has not been reinstated as required by subsection (3) or (4),a person who is served with the notice commits an offence and is liable- (i) in the case of a first conviction, to a fine of $500000; and in addition, to a fine of $50000 for each day, after the date in the notice, during which the person continues to fail to so comply; and (ii) in the case of a second or subsequent conviction, to a fine of $1000000; and in addition, to a fine of $100000 for each day, after the date in the notice, during which the person continues to fail to so comply. (Amended L.N. 300 of 1995; 14 of 1996 s. 4)(7) Where, by the date specified in that regard in a notice under this section- (a) an unauthorized development has not been discontinued; (b) steps have not been taken as required under subsection (2); or (c) land has not been reinstated as required by subsection (3) or (4),the Authority may enter the land and take whatever steps he considers necessary to ensure the discontinuance of the unauthorized development, to prevent the effects referred to in subsection (2)(a), (b) or (c) or to reinstate the land. (7A) The Authority may under subsection (7) take possession of, remove, detain and dispose of property that is on the land to which a notice served under this section relates. (Added 22 of 1994 s. 5) (7B) Subject to any regulation that may be made under section 14, the Government is not liable for the loss of or for damage to any property in the course of taking possession of, removal, detention or disposal of property by the Authority under subsection (7A), nor is any public officer or person so authorized by the Authority to take possession of, remove, detain or dispose of the property under subsection (7A) liable for the loss or damage, unless he has caused it wilfully, fraudulently or by gross negligence. (Added 22 of 1994 s. 5) (8) Expenses incurred by the Authority under subsection (7) are recoverable as a civil debt from any person served with a notice under this section. (9) It is a defence to a prosecution under subsection (6) and in a proceeding to recover expenses under subsection (8) if the defendant proves that- (a) he took all reasonable steps in the circumstances to comply with the notice; (b) the development was an existing use or, in the case of land within an interim development permission area, that the use of a building or land was in existence immediately before publication in the Gazette of the notice of the relevant plan of the interim development permission area; (c) the development is permitted under the plan of the development permission area or under a relevant plan of an interim development permission area; or (d) permission for the development was granted under section 16.(10) A notice under this section may be served on a person in person or by sending it by post to his address or depositing it in his post box or posting it in a prominent position- (a) on or near the land; or (b) on any premises or structure on the land,affected by the notice. (Amended 101 of 1991 s. 5) (Added 4 of 1991 s. 8) Cap 131 s 24 Review of Authority's decision (1) Any person aggrieved by a decision of the Authority under section 23(3) or (4) may, within 30 days after service of the notice under section 23(3), apply in writing to the Secretary for Housing, Planning and Lands for a review of the Authority's decision. (Amended L.N. 330 of 1999; L.N. 106 of 2002) (2) The Authority and the applicant are not entitled to be present during the review but the applicant shall be given copies of any material provided to the Secretary by the Authority and the applicant shall be given a reasonable time to provide further particulars in response to the material provided. (3) After considering the application and all submitted materials the Secretary may confirm or reverse the Authority's decision or make any decision the Authority could have made under section 23(3) or (4). |
- 此法规有错误，我来纠正。请点击在此 提交错误内容或者您纠正的内容！