| To make provision concerning the re-development of sites of certain demolished buildings, and the compensation of certain tenants for loss of possession, and for purposes connected with the matters aforesaid. [11 January 1963] (Originally 2 of 1963) Cap 337 s 1 Short title This Ordinance may be cited as the Demolished Buildings (Re-development of Sites) Ordinance. Cap 337 s 2 Interpretation (1) In this Ordinance, unless the context otherwise requires- "Building Authority" (建筑事务监督) includes any person authorized to exercise the powers of the Building Authority under the Buildings Ordinance (Cap 123); "Director" (署长) means the Director of Buildings; (Amended L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993) "final award" (最终判给额) means the amount awarded under section 7 or, if the amount is reduced under section 8, the amount as so reduced; (Replaced 76 of 1981 s. 60) "Land Registry" (土地注册处) means the Land Registry established under the Land Registration Ordinance (Cap 128), and any New Territories Land Registry approved under the New Territories Ordinance (Cap 97); (Amended 8 of 1993 s. 2) "lease" (租契) includes an agreement for a lease and a tenancy agreement; "owner" (拥有人) does not include a mortgagee; "protected building" (受保障建筑物) means a building to which Part I of the Landlord and Tenant (Consolidation) Ordinance (Cap 7) applies or at the relevant date applied, and it also means a building to any part of which that Part applies or so applied; "protected tenant" (受保障租客) means a tenant or sub-tenant at the relevant date of a protected building or part thereof but only where and to the extent Part I of the Landlord and Tenant (Consolidation) Ordinance (Cap 7) applies or at the relevant date applied to the subject matter of his tenancy; "re-development notice" (重新发展通知书) means a notice served by the Director under section 3; "re-development order" (重新发展令) means an order made by the Director under section 4; "the relevant date" (有关日期) in relation to any protected building means- (a) where an order has been made under section 26 of the Buildings Ordinance (Cap 123) requiring the demolition of the building, the date of service of the order; or (b) where a fire or other calamity has occurred in consequence whereof the building has been demolished or certified by the Building Authority as being so dangerous as to require demolition, the date of the fire or calamity.(2) The duties imposed on and the powers granted to the Director under this Ordinance may be carried out and exercised by any officer of the Buildings Department authorized by the Director either generally or particularly and subject to his instructions. (Amended L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993) Cap 337 s 3 Premises made subject to Ordinance (1) Where under section 26 of the Buildings Ordinance (Cap 123) the Building Authority serves an order in respect of a protected building requiring the demolition thereof, or where the Building Authority certifies that, as a result of fire or other calamity occurring after the commencement of this Ordinance, a protected building has been demolished or has in his opinion been rendered so dangerous as to require demolition, the Director may, within 3 months of the service of the order or the occurrence of the fire or other calamity, serve notice in writing on the owner of the property comprising such building declaring that the property has become subject to the provisions of this Ordinance. (2) The Director shall cause a copy of such notice to be served on any person appearing from the Land Registry registers to have an interest in such property, and such notice shall be registered in the Land Registry by a memorial thereof signed by the Director. (Amended 8 of 1993 s. 2) Cap 337 s 4 Order for re-development Remarks: Amendments retroactively made - see 29 of 1998 s. 65 (1) Where a re-development notice has been served in respect of any property, the Director may, within 3 months of the date of service thereof, by order in writing served on the owner require the re-development of the site of the property, within such time as he may prescribe, by the replacement of the building thereon or formerly thereon with a new, sound and substantial building, completed fit for occupation, conforming to the covenants, conditions and stipulations of the Government lease, and, subject to the provisions of the Buildings Ordinance (Cap 123), of no less gross floor area than the building replaced. The owner may, within 21 days of the date of service of such order or such extended time as the Lands Tribunal may allow, appeal to the Lands Tribunal against such order. (Amended 62 of 1974 s. 16; 73 of 1984 s. 2) (2) Any order served under subsection (1) shall within one month of such service be registered in the Land Registry by a memorial thereof signed by the Director, and a copy of such order shall be served also on any person appearing from the Land Registry registers to have any interest in such property. (Amended 8 of 1993 s. 2) |
