【法规名称】
【法规编号】 79695 什么是编号？
【正 文】
第9页 CAP 131 TOWN PLANNING ORDINANCE
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[接上页] (a) posting a notice under section 23; and (b) verifying that an unauthorized development has been discontinued or any steps taken or land has been reinstated as required under section 23.(2) Notwithstanding subsection (1), the Authority shall not, save with the consent of the occupier or person in charge of the premises, enter domestic premises without a warrant issued by a magistrate under subsection (3). (3) If a magistrate is satisfied from information on oath that there are reasonable grounds to believe that there is or has been unauthorized development and it is necessary to enter the land or premises in order to ascertain whether there is or has been unauthorized development, the magistrate may issue a warrant authorizing the Authority or any person authorized in writing by the Authority to enter the land or premises. (4) Where the Authority or any person authorized by the Authority enters any place under a warrant issued under subsection (3) he shall produce his warrant. (5) Where the Authority or any person authorized by him enters any place under this section he may require any person present at that place- (a) to give details of his identity, name and address and produce his identity card issued under the Registration of Persons Ordinance (Cap 177) for inspection by him; or (b) who appears at the time to be reasonably responsible for or in charge of that place to give such information or render such assistance as may be necessary to enable him to carry out his functions under this section.(6) A warrant issued under subsection (3) shall continue in force until the purpose for which the entry is necessary has been satisfied. (Added 4 of 1991 s. 8) Cap 131 s 23 Enforcement on land within a development permission area (1) Where there is or was unauthorized development, the Authority may, in a notice served on one or more of a land owner, an occupier or a person who is responsible for the unauthorized development- (Amended 101 of 1991 s. 5) (a) specify the matters that constitute or constituted the unauthorized development; and (b) specify a date by which if the unauthorized development has not been discontinued, the Authority requires- (i) it to be discontinued; or (ii) permission for the development to be obtained under section 16.(2) Where the Authority considers that continuance of unauthorized development could- (a) constitute a health or safety hazard; (b) adversely affect the environment; or (c) make it impracticable or uneconomic to reinstate the land within a reasonable period,the Authority may, in a notice under subsection (1) or in case such a notice has already been served, in a further notice served, instead of specifying the same date under subsection (1)(b) for discontinuance and for obtaining permission, specify- (Amended 101 of 1991 s. 5) (i) an earlier date for discontinuance of the unauthorized development; and (ii) the steps, if any, required to be taken by a date specified in that regard to prevent anything related to the unauthorized development from causing any effect referred to in paragraph (a), (b) or (c).(3) Where a notice under subsection (1) has been served in relation to any unauthorized development and permission under section 16- (a) has not been obtained in respect of that development by the date specified in that regard; or (b) has been refused and all rights of review or appeal under section 17 have been exhausted, abandoned or have expired,the Authority may, subject to subsection (4), in a notice served on any person on whom a notice may be served under subsection (1), require such person to reinstate the land, by a date not earlier than 30 days after service of the notice, to the condition it was in immediately before the development permission area became effective or to such other condition, more favourable to the person served, as the Authority considers satisfactory. (4) Where the unauthorized development referred to in subsection (3) is or was on land included- (a) in a plan of an interim development permission area; and (b) within 6 months of the commencement of the Town Planning (Amendment) Ordinance 1991 (4 of 1991) in a plan of a development permission area,the Authority may, in the notice under subsection (3), require the person served to reinstate the land to the condition it was in immediately before notice of the plan of the interim development permission area was published in the Gazette or to such other condition, more favourable to the person served, as the Authority considers satisfactory. (4A) Where the Authority is satisfied- (a) in the case of a notice served under subsection (1) that- (i) the unauthorized development has been discontinued; or (ii) permission for the development has been obtained under section 16;(b) in the case of a further notice served under subsection (2) that- (i) the unauthorized development has been discontinued; (ii) the steps have been taken as required by the notice;(c) in the case of a notice served under subsection (3) that the land has been reinstated as required by the notice,he shall serve a further notice stating that- |
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