BASEMENTS (URBAN COUNCIL) BY-LAWS

BASEMENTS (URBAN COUNCIL) BY-LAWS

BASEMENT (URBAN COUNCIL) BY-LAWS

(Cap. 132, section 88)

[3 March 1961.]

1. These by-laws may be cited as the Basements (Urban Council)
By-laws.

2. These by-laws apply to the Urban Council area only.

3. In these by-laws, unless the context otherwise requires-

'basement' means any cellar, vault, underground room or any room any
side of which abuts on or against the earth to an average height
exceeding 600 mm above the level of the floor;

'Council' means the Urban Council.

4. (1) Without prejudice to any other powers which the court may
exercise, on application being made to the court by or on behalf of the
Council for the closing of any basement used for the purpose of human
habitation, the court shall order the closure of such basement in any
case where-

(a)such basement is found by the court to be in such a state as
to be a nuisance or injurious or dangerous to health; or

(b)such basement having been constructed, reconstructed or
converted under the provisions of the Buildings Ordinance,
the occupation or use thereof for the purpose of human
habitation is contrary to the purpose for which such basement
was constructed, reconstructed or converted, as the case may
be.

(2) Any closure order made under paragraph (1) shall continue in
force until such time as the court is, on application either by the owner
or occupier of the basement in respect of which such order was made or
by or on behalf of the Council, satisfied that such basement has been
rendered fit for human habitation or that it will no longer be used for
such purpose.

(3) No person shall occupy any basement during the continuance
in force of a closure order made in respect thereof under paragraph (1).

5. Any person who contravenes by-law 4(3) shall be guilty of an
offence and shall be liable on summary conviction to a fine of $2,500 and
to imprisonment for 1 month and shall be liable in addition to a fine of
$50 for each day during which it is proved to the satisfaction of the
court that the offence has continued.





6. Without prejudice to the provisions of any other enact-
ment relating to the prosecution of criminal offences and without
prejudice to the powers of the Attorney General in relation to the
prosecution of such offences, prosecutions for an offence under any
of the provisions of these by-laws may be brought in the name of
the Council.
G.N.A. 30/61. L.N. 87/79. 10 of 1986. L.N. 285/87. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. L.N. 89/79. Closure of certain basements. (Cap. 123.) Offences and penalties. L.N. 285/87. Name in which proceedings for offences may be brought.

G.N.A. 30/61. L.N. 87/79. 10 of 1986. L.N. 285/87. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. L.N. 89/79. Closure of certain basements. (Cap. 123.) Offences and penalties. L.N. 285/87. Name in which proceedings for offences may be brought.

https://oelawhk.lib.hku.hk/items/show/2564

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