WAR DAMAGED SITES ORDINANCE

WAR DAMAGED SITES ORDINANCE

CHAPTER 264.

WAR DAMAGED SITES.

To facilitate the clearance of war dainaged sites, to provide
for the recovery of the cost thereof, and for sale of the
sites where so required.
[27th May, 1949.]

1. This Ordinance may be 'cited as the War
Damaged Sites Ordinance.

2. In this Ordinance-
'Director' means the Director of Public Works and
includes in the case of a public servant anyone acting
with the authority of such Director, and in the case
of a corporation or a person not a public servant shall
mean a corporation or a person acting in relation to a
specified war damaged site with the written authority
of such Director or the agent of such corporation or
person ;
'owner' includes any person holding premises direct from
the Crown or entitled so to do; and, where such owner
cannot be found or ascertained or is absent from the
Colony or is under disability, the agent of such owner ;
and for the purposes of this Ordinance, every mortgagee
in possession shall be deemed an owner; and a person
holding over against the Crown after the expiration or
sooner determination by re-entry or otherwise of a
leasehold term shall for the purposes of this Ordinance
be deemed to be an owner;
'war damage' includes-
(a)damage occurring (whether accidentally or not) as
the result of action taken by the enemy, or action
taken in combating the enemy or in repelling an
anticipated *attack by the enemy, or, during the
enemy occupation of the Colony, as a result of
action taken by allied forces or action taken in
combating allied forces or in repelling an
anticipated attack by allied forces;
(b)damage occurring (whether accidentally or not) as
the direct result of measures to avoid the spreading
of, or otherwise to mitigate, the consequences of
such damage as aforesaid;





(c)accidental damage occurring as the direct result of
any precautionary or preparatory measures taken
with a view to preventing or hindering the carrying
out of any attack by the enemy on the Colony or
during the enemy occupation of the Colony by
allied forces on the Colony or in either case in
anticipation of attack or action in furtherance of
such attack;
and shall include damage or destruction to buildings or
damage or the deposit of refuse or rubble on land arising
as a consequence of bombing, shelling, fire, looting,
neglect or otherwise after and as a natural result of the
proclamation of war with Japan dated the 8th day of
December, 1941 ;
'war damaged site' means any land in the Colony
(including the New Territories) which in the opinion
of the Director requires to be cleared as a consequence
wholly or partly of war damage thereto or war damage
in the neighbourhood thereof. -

3. (1) The Director may, by notice in writing in
Form I in the Schedule, declare any land to be a war damaged
site and require the owner to state in writing within a period
of three weeks in accordance with ForM 2 in the Schedule
what his intentions are with regard to clearance thereof.

(2) In the following events-
(a) if the owner cannot be found, or ascertained, or
is absent from the Colony and his agent cannot
be found or ascertained, or is dead and no
representation has been granted to his estate or
his personal representatives cannot be found;
(b)if the information required is not received by the
Director within three weeks of service of Form I,
the Director may publish notification in the Gazette in
accordance with Form 3 in the Schedule.

(3) If at any time an owner requests an extension of
time in which to effect clearance of a war damaged site, the
Director may in his discretion grant an extension for such
period as appears to him to be reasonable and will notify
the owner in writing whether such extension is granted
or not.





4. (1) On the expiration of six clear weeks from the
service of a notice in accordance with Form I or if publica-
tion of a Gazette notification in accordance with subsection
(2) Of section 3 has taken place, then on the expiration of
three clear weeks from the date thereof, together in either
case with the period of the extension in any particular case
duly approved by the Director in accordance with subsection
(3) of section 3, if clearance of a war darnaged site has not
been effected, the Director may without further notice. enter
and effect clearance of such war damaged site either wholly
or to such extent as seems to him expedient and either
separately or together with other sites being so dealt with.

2) In the event of an owner of a war damaged site
requesting that tinder the provisions of this Ordinance
clearance shall be effected by the Director at the cost of the
owner, then the Director may forthwith enter and effect such
clearance either wholly or to such extent as seems t o him to
be expedient, and either separately or together with other
sites being so dealt with.

(3) For the purpose of the provisions of this Ordinance
clearance of a war damaged site shall include such of the
following acts as the Director may in each case from tirne
to time consider necessary-
(a) demolition of buildings or parts thereof;
(b)removal of rubble, stone, bricks, wood, pipes,
paving, girders, rods, metal, roofing, building,
refuse, domestic refuse, decaying matter, rubbish,
huts, and all or any materials that could be utilised
for erecting permanent or temporary buildings;
(c)disposal of such materials by selling, tipping in
authorized places, or use elsewhere;
(d) levelling sites and filling cavities therein;
(e)disconnexion, diversion of, or necessary work in
connexion with water, gas, electricity or other
services;
filling, blocking, clearing, diverting or other
necessary works in connexion with ditches, cess-
pits, drains or sewers;
(g) eviction of persons living in insanitary conditions;
(h) mosquito control measures;
(i) rodent control measures;





(i) disinfection ;
(k) nullah-training;
(1) re-construction of paths
(m) erection of fences or walls;
(n)erection of supports for neighbouring properties, on
payment or otherwise by the owners of such neigh-
bouring properties of a fair proportion thereof; and
(o)such other work as the Director may expressly
specify or which may in his opinion manifest itself
from time to time as necessary.

(i) The cost of clearance effected by the Director
under section 4 shall be assessed as equitably as may be
by the Director having regard to the amount of war damage
affecting any particular site and shall be certified by him
and shall include an addition not exceeding twenty-five
per cent thereof in respect of the cost of supervision of the
work, the cost of obtaining tenders (if any) and issuing
notices, and unless already provided for in the tender or
otherwise there shall be allowed as a reduction the amount
that arises from the sale of materials removed from the site
or such sum as appears to the Director to be fair compensa-
tion for the value of materials removed therefrom for
immediate or subsequent use by the Crown.

(2) The cost of stich clearance as so certified shall
constitute a first charge on the land which comprises the
war damaged site as against the owner or any person into
whose hands the same may come and whether or not such
person be a bona fide purchaser thereof for valuable con-
sideration without notice.

(3) The certificate of such charge may be registered in
the appropriate Land Office against the title of the land
affected and the Land Officer shall in any particular case
refuse the registration cif any conveyance for money, or
money's worth relating to the property unless in his opinion
satisfactory provision is made for the liquidation of such
charge.

(4) The owner of any war damaged site and his
successors in title and assigns shall be liable to the Crown
for the amount specified in such certificate tip to the value
of his interest in the property but not further or otherwise





but together with interest at the rate of four pcr cent per
annum from the date of such certificate to the date of pay-
ment thereof : Provided that the Governor in Council may
in such case or cases as he thinks fit waive the payment of
such interest.
(5) Nothing in this Ordinance contained shall prevent
the exercise by the Crown of any other rights for the
recovery of such charge in particular the right of re-entry
where that arises by deed, lease, agreement or otherwise.
(6) If a net profit results from the sale or disposal of
material removed from a war damaged site after all clearance
measures that the Director deem necessary thereon have
been effected and all charges authorized in respect thereof
under this Ordinance have been deducted then the arnount
of such net profit shall be notified to the owner if his where-
abouts can be ascertained and paid to him on request or
if not requested shall be dealt with in accordance with the
Unclaimed Balances Ordinance.

6. Where the Director has reason to suppose that by
reason of a covenant or condition enforceable against him
an owner has unfulfilled responsibilities relating to the
maintenance or upkeep of a building on a war damaged
site and whether the Director has taken any steps further
than to declare the site a war damaged site or not, he may
serve upon such owner a notification in accordance with
Form 4 in the Schedule, with such modifications as appear
to be necessary, requiring the owner to state within the sarne
period of three weeks what period he requires to fulfil such
responsibilities.

7. (1) In the event of re-entry for breach of an
owner's covenants in respect of non-payment of a charge
certified under section 5, or re-entry for breach of an
owner's covenant relating to maintenance or repair of a
building on a war damaged site, or if a site re-entered upon
for other reasons is subsequently declared by the Director
to be a war damaged site, the Director shall cause a new
lease of such land to be sold by public auction upon sucli
terms as the Governor may approve.
(2) The price or premium realized from such auction
shall be retained towards satisfaction of any charge and
interest thereon and proper costs and charges in connexion





therewith and in connexion with the auction and the balance
remaining thereafter shall without prejudice to any lawful
claim thereto be paid to the owner tip to the extent of his
interest and in the event of the owner not being traced or
not making any claim shall be dealt with in accordance
with the Unclaimed Balances Ordinance.

(3) Notwithstanding the provisions of subsection (1) no
sate shall take place without the consent of the owner except
after one month's notice of such intention has been published
under the hand of the Colonial Secretary in the Gazette
and not even then if a petition for relief has been presented
to the Supreme Court or to the Governor in Council unless
and until a decision permitting such sale has been arrived
at upon such petition.

8. During the period for which this Ordinance remains
in force, section 7 of the Crown Rights (Re-entry)
Ordinance, shall be read as though the following words
were added at the end thereof-
'but in the case of a site which has been declared
to be a war damaged site by the Director of Public
1Forks under section 3 of the War Damaged. Sites
Ordinance, the Governor in Council shall in his
discretion have power-
(a) in the case of an unsatisfied charge for the cost of
site clearance to cause a sale by public auction of
a new lease of the land to take place instead of
giving relief and cause to be refunded to the owner
the amount so realized less the amount of the charge
and all proper charges and expenses; and
(b) in the case of some other breach of covenant to
receive representations by the owner with regard to
his intention or capacity to carry out the terms
under which he holds the land front the Crown and,
if not satisfied with such representations, to cause
a sale by public atiction of a new lease of the land
to take place and cause to be refunded to the owner
the ainount so realized less the aniount of all proper
charges and expenses.'

9. (1) Whenever any person is dissatisfied with the
exercise of the discretion of the Director or with any action





or decision of any other person as to the carrying out of or
the meaning of any of the provisions of this Ordinance, or
whenever any of the provisions of this Ordinance are,
owing to special conditions, undesirable, the person so
dissatisfied may appeal to the Governor in Council who, if
in his opinion the exercise of such discretion or such action
or decision requires modification, revocation, or setting
aside, or such special conditions exist as render any such
provision undesirable, may make such order in respect
thereof as may be just. The grounds of such appeal shall
be concisely stated in writing, and the appellant, may, il:
he so desires, be present at the hearing of such appeal and
be heard in its support either by himself or by his repre-
sentative, and the Governor in Council shall thereaftet
determine the matter in the absence of and without further
reference to the Director. The Clerk of Councils shall give
the appellant seven days' notice of the hearing of the appeal
and shall at the same time furnish the appellant with a copy,
of the evidence and documents submitted by the respondent
for the consideration of the Governor in Council : Provided
that nothing herein contained shall be deemed to prevent
any person from applying to the Supreme Court for a
mandamus, injunction, prohibition, or other order should
he elect so to do, instead of appealing to the Governor in
Council under this section.

(2) For the purposes of sections 8, 9, 10, 11 and 12,
the Governor in Council may from time to time or for such
period or in respect of such matters as may seem expedient
in the event of multiplicity or length of matters to be
considered or decided under the provisions of this Ordin-
ance, authorize a committee of the Governor in Council to
exercise generally or in any class of cases or in any,partiullr
case, all or any of the duties and powers vested in the
Governor in Council under this Ordinance and thereupon
such committee shall have vested in them, subject to
revocation by the Governor in Council, the duties and
powers to which any such authority relates.

10. Every order of the Governor in Council on any,
appeal shall be final and may be enforced by the Supreme
Court as of it had been an order of that court.





11. Any notice required to be served under this
Ordinance may be served either personally or by sending
the same by registered post to the usual or last known
place of business or residence of the person to be served
and the date of such service shall be taken to be the date
that such personal service is effected or date of the certificate
that such notice has been delivered to the post office as the
case may be: Provided that all notices to be served under
this Ordinance or to be published in the Gazette shall be
so served or published together with a translation thereof
in Chinese.

12. Any person who obstructs or impedes in the
execution of his duties or authority under this Ordinance
any person authorized by the Director to enter any, premises
for the purposes thereof shall in addition to any other
punishment to which he may be liable tinder any other law,
be liable to a fine of fifty dollars and. to imprisonment for
one month provided that warning is first given verbally or
otherwise-
(a)that clearance of the site has to be effected under
the provisions of this Ordinance; and
(b)that such obstruction or impediment wouid be in
offence.

13. The Director may with the consent of the Governor
sanction such airiendments of the forms contained in the
Schedule as he may deem necessary or expedient and any
form so amended shall be valid and sufficient for the
purposes of this Ordinance.

14. The provisions of this Ordinance shall be in
addition to and not in derogation of any other powers
conferred by or under any enactment including in particular
the Crown Lands Resumption Ordinance, the Public Health
(Sanitation) Ordinance, 1935, and the Building Ordinance
and all such powers may be exercised in the same manner
and by the same authority as if this Ordinance had not
been made, nor shall anything in this Ordinance be
construed as derogating in my way from any rights or
powers of the Crown or liabilities of other parties conferred,
reserved, or imposed by Ordinance, law, deed, agreement-
or custom in existence immediately before the coming into





operation of this Ordinance, nor shall anything herein
contained vary or affect the rights or liabilities as between
landlord and tenant under any contract between them or
vary the subsisting contractual or other rights between
adjoining owners.

SCHEDULE.

FORM 1. [s. 3 (1)]
WAR DAMAGED SITES ORDINANCE.
(Chapter 264 of the Revised Edition).

To:-

........................................................

............Lot Number
Situate at ................................................

Under the provisions of the above Ordinance and on considera-
tion of information supplied to me, I DECLARE the above named
land to be a war damaged site and that it is necessary that
clearance of the site shall be effected.
2. You are therefore required within a period of three weeks
from the date of this notice to return the attached Form 2 stating
what period you require to effect clearance. If no reply is received,
or if the period you request is regarded as unreasonable, or if
clearance is not effected within the period you specify, the land
may be cleared under arrangements to be made by me, and the
cost, with an addition in respect of incidental costs, may be recovered
under the provisions of the Ordinance, including in certain circum-
stances by sale of the premises by auction.
3. In the opinion of the Director the following works are
considered necessary-

General site clearance and in particular-

4. The Director has the right under the Ordinance, and
reserves such right, to specify other work if such appears to him
from time to lime to be necessary.

Director of Public Works.

Date ....................................





FORm 2. [s. 3(1)]
WAR DAMAGED SITES ORDINANCE.
(Chapter 264 of the Revised Edition).
To:-Director of Public Works,
The Public Works Department,
Lower Albert Road,
llong Kong.
..Lot Number ........................
at ................................................
I undertake to clear this site in accordance with your notice
and in any case within six weeks from ....................................
(date as in notice.)
I am the owner

agent of the owner
Signed ..................................
Address ................................

OR
Lot Number ........................
................................................
I am unable to undertake the clearance of this site within
six weeks because .....................................................................
..........................................................................................
I request a period of from
I am the owner (date as in notice.)

agent of the owner
Signed ..................................
Address ................................

OR
Lot Number ........................
Signature at ................................................
I do not consider that the value of this site justifies the cost
of clearance and I undertake to execute a surrender thereof to
the Crown without compensation when called upon by the Land
Officer so to do.
I am the owner
agent of the owner
Signed ..................................
Address ................................

OR
Lot Number ........................
Signature at ................................................
I wish clearance of this site to be efTected by you at my
cost. I understand that in accordance with the Ordinance there
will be additions to such cost in respect of supervision and other
matters, and that in certain circumstances the property may be
sold by public auction in order to recover such cost.
I am the owner
agent of the owner
Signed ..........................
Address ................................





FORM 3. [s. 3 (2) (b).]
WAR DAMAGED SITES ORDINANCE.
(Chapter 264 of the Revised Edition).
Notice to owners of the following land-

Lot No. Location.

TAKE NOTICE that the above-named parcels of land have
each been declared to be war damaged sites, and it is necessary
that clearance of such sites shall be effected.
2. Unless an objection is lodged with me within a period
of three weeks from the date hereof and a satisfactory under-
taking given to effect clearance, the land may be cleared under
arrangements to be made by me, and the cost, with an addition
in respect of incidental costs, may be recovered in the manner
provided in the Ordinance, including in certain circumstances by
sale of the premises by auction.

Director of Public Works.

Public Works Department,
Lower Albert Road,
Hong Kong.

Date...............

FORm 4. [s. 6.]
WAR DAMAGED SITES ORDINANCE.
(Chapter 264 of the Revised Edition).
To:-

...................

........................
............Lot Number
Situate at ................................................
In accordance with the powers contained in section 6 of the
above Ordinance, the above-named parcel of land has been declared
to be a war damaged site.





I am informed that there is therefore a breach by you of the
conditions under which you hold the property from the Grown
in relation to your covenants to maintain and repair a building
on the land. You must therefore please stdte within a period
of three weeks when you intend to rehabilitate the property to
my satisfaction, and you must understand that if default continues
the Crown can be given, by the Governor in Council, a power
of sale additionally to the normal rights of the Grown following
re-entry for breach of covenant. The form hereunder may be used
for your reply.

Director of Public Works.

Public Works Department,
Lower Albert Road,
Hong Kong.

Date .......................................

To:-Director of Public Works,
The Public Works Department,
Lower Albert Road,
Hong Kong.

............ Lot Number
Situate at ................................................

I request a period of months to enable me
to deliver plans to you for rebuilding under section 128 of the
Building Ordinance (Chapter 123 of the Revised Edition).

Signed ..................................
Address ................................

Date............................................................
27 of 1949. Short title. Interpretation. [s. 2 cont.] Notice and entry on sites. Schedule. Forms 1 & 2. Schedule. Form 3. Power to effect clearance, and scope thereof defined. [s. 4 cont.] certificate of cost and recovery thereof. (Cap. 122.) Breach of covenants to maintain. Schedule. Form 4. Power to sell by auction. [s. 7 cont.] (Cap. 122.) Temporary special amendment of Crown Rights Re-Entry Ordinance. (Cap. 126.) Appeal to Governor in Council. Order final and to be enforced. Service of notices. Penalty for obstruction. Amendment of forms. Savings. (Cap. 124.) (15 of 1935.) (Cap. 123.) [Sch, cont.] [Sch, cont.]

27 of 1949. Short title. Interpretation. [s. 2 cont.] Notice and entry on sites. Schedule. Forms 1 & 2. Schedule. Form 3. Power to effect clearance, and scope thereof defined. [s. 4 cont.] certificate of cost and recovery thereof. (Cap. 122.) Breach of covenants to maintain. Schedule. Form 4. Power to sell by auction. [s. 7 cont.] (Cap. 122.) Temporary special amendment of Crown Rights Re-Entry Ordinance. (Cap. 126.) Appeal to Governor in Council. Order final and to be enforced. Service of notices. Penalty for obstruction. Amendment of forms. Savings. (Cap. 124.) (15 of 1935.) (Cap. 123.) [Sch, cont.] [Sch, cont.]

https://oelawhk.lib.hku.hk/items/show/2118

1950

v6

264

12