【法规名称】
【法规编号】 79799 什么是编号？
【正 文】
第6页 CAP 123F BUILDING (PLANNING) REGULATIONS
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[接上页] (5) For the purpose of paragraph (4), if since a hotel building or the hotel part of a building has been put into use- (a) no licence issued under section 8 or renewed under section 9 of the Hotel and Guesthouse Accommodation Ordinance (Cap 349) is in effect in respect of the hotel concerned; or (b) an order of exclusion is in effect under section 3 of that Ordinance in respect of the hotel concerned,then any use of the hotel building or of the hotel part of the building in whole or in part shall be deemed to be a change of use to a use other than that of a hotel. (6) Without prejudice to section 25 of the Ordinance, where any floor space in a hotel building or the hotel part of a building has been disregarded under paragraph (3) in determining the gross floor area of the hotel building or the hotel part of the building, no person, being the proprietor of the hotel or being the owner or occupier of the hotel building or the hotel part of the building, shall without prior approval of the Building Authority use, or cause to be used, the floor space in whole or in part for any use other than a use mentioned in sub-paragraph (a) or (b) of that paragraph. (7) Where- (a) the use of a hotel building or of the hotel part of a building in whole or in part is changed in contravention of paragraph (4); or (b) any floor space in whole or in part is used in contravention of paragraph (6),the Building Authority may by order in writing served on the proprietor of the hotel concerned or the owner or occupier of the hotel building or the hotel part of the building require him to discontinue its present use within such time or times as may be specified in the order. (8) Any person who contravenes paragraph (4) or (6) shall be guilty of an offence and shall be liable on conviction to a fine at level 6 and to imprisonment for 2 years; but it shall be a defence in any prosecution for a contravention of any provision referred to in this paragraph for the person charged to prove to the satisfaction of the court that he did not know, nor could reasonably have discovered, the contravention referred to in the charge. (9) Any person who, without reasonable excuse, fails to comply with an order served on him under paragraph (7) shall be guilty of an offence and shall be liable on conviction- (a) to a fine at level 5 and to imprisonment for 1 year; and (b) to a further fine at $5000 for each day during which it is proved to the satisfaction of the court that failure to comply with the order has continued. (39 of 2000 s. 7) Cap 123F reg 24 Height of storeys (1) Every room used or intended to be used for the purpose of an office or for habitation in any building shall have a height of not less than 2.5 m measured from floor to ceiling: (L.N. 406 of 1987) Provided that there shall be not less than 2.3 m measured from the floor to the underside of any beam. (2) In any such room having a sloping ceiling, the height shall be measured to the mean height of such ceiling above floor level: Provided that no portion of any room shall have a height of less than 2 m. (3) (Repealed L.N. 406 of 1987) (L.N. 294 of 1976) Cap 123F reg 25 Space about domestic buildings (1) (a) Every domestic building on a class A or B site or on a class C site shall have within the site an open space at the rear, or partly at the rear and partly at the side, at a level of not less than 150 mm below the floor of the lowermost storey in accordance with the Second Schedule: Provided that where the Building Authority considers it necessary for proper and equitable development or redevelopment of an adjacent site, he may require the provision of more open space than that specified in the Second Schedule. (G.N.A. 97 of 1962; L.N. 82 of 1963) (b) The open space provided pursuant to sub-paragraph (a) shall be such that no part of the building which bounds on such open space at any level shall be within 1.5 m, measured horizontally, of a line drawn vertically from a point in the boundary of the open space immediately opposite thereto. (L.N. 33 of 1966)(2) No part of any domestic building shall be erected within 1.5m of the rear boundary of the site. The open space so provided shall be counted as part of the open space required under this regulation. (L.N. 33 of 1966) (3) No existing domestic building which has an open space of equal or less area than that required by this regulation shall be altered in such manner as to reduce the existing amount of open space. (4) No existing domestic building which has a greater area of open space than that required by this regulation shall be altered in such a manner as to reduce the area of open space to less than that required by this regulation. (5) Where any open space or area is at a level more than 600 mm below an adjoining open space, safe parapet walls, railings or fences shall be provided by the person creating the difference in levels. (6) Access shall be provided to every open space. (L.N. 294 of 1976) Cap 123F reg 26 New buildings on existing street less than 4.5 m wide to be set back from centre line of street |
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