HOUSING ORDINANCE

HOUSING ORDINANCE

LAWS OF HONG KONG

HOUSING ORDINANCE

CHAPTER 283





CHAPTER 283

HOUSING ORDINANCE

ARRANGEMENT OF SECTIONS

Section

PART 1

PRELIMINARY

1. Short title
2. Interpretation
3. Establishment and constitution of the Housing Authority
4. General powers and duties of the Authority
5. Property vested in the Crown

5A, Transfer of assets and liabilities to Authority
...................................................

6. Incorporation
7. Committees
8. Execution and authentication of documents
9. Power of Governor to give directions
10. Delegation of powers
11. Exercise of power

PART 11

FINANCE

12.
13.
14.
15.

16. 17. 17A. Sale of land
........................... 17AA. Particular
conditions of sale 17B. 18.

Borrowing powers
............................................................................................
Investment of surplus funds
.............................................................................
Accounts and audit
..........................................................................................
Annual reports
................................................................................................

PART III

DISPOSAL OF PROPERTY

Leases of land in estates
................................................................................... Remission of rent
.............................................................................................

Void alienations
............................................................................................... Certain
Ordinances not to apply ......................................................................

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Section

PART IV

CONTROL OF
ESTATES

19. Termination of lease
19A. Notice of termination
20.Appeal against termination

21...................Eviction of trespassers ............................................................

22. Inspection of premises
23. Emergency closure of premises
24. Power to take custody of and dispose of property
25. Power to obtain information
25A. Restricted roads

25B..................Removal, etc. of vehicles .........................................
..................

25C. Sale of detained vehicles

PART V

OFFENCES AND
PENALTIES

26. False statements
26A. Court orders on purchaser's conviction under section 26(2)
26B. Court orders on conviction of other person under section 26(2)
27. Refusal to furnish information
27A. Unlawful alienation
28. Offences in respect of leases
29. Obstruction
29A. Limitation of time for prosecution of offences

PART VI

GENERAL

30. Authority may make bylaws
31. No claim to lie against the Authority or the Government
32. Certain parts of estates to be public places
33. Power to specify forms
34. Exemptions
35. Dispute as to English or Chinese version of lease, etc .
36.
37.
38.

Vesting of property
.......................................................................................... Transitional
........................................................................................

Schedule. Terms, Covenants and Conditions .................................................................

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CHAPTER 283

HOUSING

To provide for the establishment and functions of a Housing Authority and for
purposes connected therewith.

[1 April 19731

Originally 23 of 1973 - 74 of 1974, 42 of 1976, L.N. 16 of 1977, 19 of 1978, 33 of 1978, 79 of 1979, 15 of 1982, L.N.
76 of 1982, R. Ed. 1982,82 of 1984, 10 of 1986, L.N. 127 of 1986,56 of 1986, 16 of 1988, 80 of 1988

PART 1

PRELIMINARY

1. Short title

This Ordinance may be cited as the Housing Ordinance.

2. Interpretation

In this Ordinance, unless the context otherwise requires-

'Authority' means the Housing Authority established under section 3;

-authorized officer- means any public officer to whom the Authority, or a committee
of the Authority, has delegated any of its powers and functions under section
10;

'car park' means any land in an estate set aside and designated by signs by the
Authority for use as a car park; (Added 19 of 1978 s. 2)

'common parts- means the whole of any land sold or otherwise disposed of under
section 17A, except such parts thereof as have been specified or designated in
an instrument registered in the Land Office as being for the exclusive use,
occupation or enjoyment of an owner; (Added 33 of 1978s.2)

,,estate' means any land vested in the Authority or the control and management of
which has been vested in the Authority under section 5 or under a deed of
mutual covenantor otherwise; (Amended 33 of 1978s.2)

'housing' means residential, industrial, commercial and business accom

modation, buildings or premises;
'land' means immovable property;(Replaced 15 of 1982 s. 2)





'Land Office' means the Land Office established under the Land Registration
Ordinance (Cap. 128) and a District Land Office established under the New
Territories Ordinance(Cap. 97); (Added 33 of 1978s.2)

'lease' includes a licence, a tenancy agreement and an agreement for a lease,
licence, or tenancy agreement, granted or made or deemed to have been
granted or made under this Ordinance;

,,owner- means

(a)a person who for the time being appears from the records at the Land
Office to be the owner of an undivided share in land; and

(b)a registered mortgagee in possession of such undivided share in
land; (Added 33 of 1978s.2)

'parking place- means a place on a restricted road designated by signs or road
markings by the Authority as a place where vehicles may be parked; (Added
19 of 1978 s. 2)

'registered mortgagee' means

(a)a person to whom. an owner's interest in land has been mortgaged or
charged under a mortgage or charge which has been registered in the
Land Office; and

(b)a person in whose favour a charge upon land has been created by
virtue of any Ordinance; (Added 33 of 1978s.2)

'registered owner' means the person registered as owner of a vehicle in the register
of motor vehicles maintained under the Road Traffic Ordinance (Cap. 374);
(Added 15 of 1982 s. 2)

'restricted road' means a road, or any length of a road, designated as a restricted
road under section 25A; (Added 19 of 1978 s. 2)

'road' means a road (as defined in section 2 of the Road Traffic Ordinance (Cap.
374)) or private road (as defined in section 2 of the Road Traffic Ordinance
(Cap. 374)) within an estate; (Added 19 of 1978 s. 2. Amended 80 of1988 s. 16)

'tenant' includes licensee;

,'vehicle' means any vehicle whether mechanically propelled or otherwise intended
or adapted for use on roads but does not include a perambulator. (Added 19 of
1978 s. 2)

3. Establishment and constitution
of the Housing Authority

(1) There is hereby established a Housing Authority to be known as 'the

Hong Kong Housing Authority'. (2) The Authority shall consist of

(a) the Director of Housing;

(b) such number of persons, other than public officers as the

Governor may appoint;(Amended 15 of 1982 s. 3)





(c)such number of public officers, not exceeding 3, as the Governor may
appoint. (Amended 16 of 1988 s. 2)

(3) The Governor shall appoint

(a)one of the persons appointed under subsection (2)(b) as the
Chairman of the Authority; and

(b)one of the persons referred to in subsection (2) as the ViceChairman
of the Authority. (Replaced 16 of 1988 s. 2)

(4) The members of the Authority, other than public officers, shall be
appointed for a period of 2 years and shall be eligible for reappointment.

(5) Any member of the Authority who is not a public officer may at any time by
notice in writing to the Governor resign from the Authority.

(6) 9 members of the Authority shall form a quorum at any meeting of the
Authority. (Amended 16 of 1988 s. 2)

(7) At any meeting of the Authority, the Chairman or, in his absence, the Vice-
Chairman, or, in the absence of both of them, such member as the members present
shall select, shall preside.

(8) The Chairman or the person presiding in his absence shall have a vote on all
matters coming before the Authority; and in the case of an equality of votes he shall
also have a casting vote.

(9) Subject to this Ordinance, the Authority may make rules regulating the
procedure at meetings of the Authority or of any committee appointed under
section 7.

4. General powers and duties of the Authority ,

(1) The Authority shall exercise its powers and discharge its duties under this
Ordinance so as to secure the provision of housing and such amenities ancillary
thereto as the Authority thinks fit for such kinds or classes of persons as the
Authority may, subject to the approval of the Governor, determine.

(2) The Authority shall have the following powers

(a)to acquire and hold property of any description and, subject to the
terms and conditions upon which the same is held, to dispose of any
such property;

(aa) to prepare and execute proposals, plans and projects for the
construction, alteration, enlargement or improvement of buildings;
(Added 33 of 1978s. 3)

(b)to construct new buildings, and any premises or structures ancillary
thereto, for the provision of the housing referred to in subsection (1)
and to acquire, alter, enlarge, improve, repair or demolish houses or
buildings for this purpose;

to construct, acquire, alter, enlarge or improve any temporary
buildings which may be, or may be made, suitable for housing
proposes;





(d)to provide fixtures, fittings or furniture in buildings acquired by, or
under the control of, the Authority and to let, lend or hire such
fixtures, fittings or furniture on such terms and conditions as to
payment or otherwise as the Authority may think fit;

(e)to manage any housing, and any premises, structures and grounds
ancillary thereto, and any common parts, having regard to the
interests, welfare and comfort of the tenants, owners or occupiers
thereof, and to charge fees for its services in connection with such
management; (Replaced 33 of 1978s. 3)

(ea) to construct new buildings, and any premises or structures ancillary
thereto, or to acquire, alter, enlarge or improve any existing buildings,
for use as car parks; (Added 19 of 1978 s. 3)

(eb) to set aside for use as car parks any land, other than a carriageway,
vested in it; (Added 19 of 1978 s. 3)

(ec) to designate parking places; (Added 19 of 1978 s. 3)

(ed) to control the user of car parks and parking places, to allocate any
place in a car park or parking place for the use of vehicles of any
description or any particular type or class or for the use of any
person or persons of any particular class; (Added 19 of 1978 s. 3)

(ee) to fix such fees for the use of car parks and parking places, and to
collect the fees in such manner, as it thinks fit; (Added 19 of 1978
s.3)

(f)to carry out, subject to such directions as the Governor may from
time to time give, the clearance of any land in Hong Kong;

(g)to develop land and to lay out streets and open spaces for the
purpose of providing housing or in connection therewith;

(ga) to enter into, assign or accept the assignment of, and vary or
rescind, any contractor obligation; (Added 33 of 1978s. 3)

(gb) to charge fees for such other purposes as it thinks fit; (Added33 of
1978 s. 3)

to undertake and execute any lawful trust which has for its object the
furtherance of the provision of housing in Hong Kong or any other
object similar or incidental to any of the purposes of the authority;

(i)to accept gifts and donations, whether of property or otherwise and
whether subject to any special trust or not;

(ia)to guarantee financial obligations, loan money and accept security;
(Added 16 of 1988 s. 3)

(j)to advise the Governor concerning all matters of policy relating to
residential accommodation and services ancillary thereto;

(ja) to act as agent for the Crown in respect of the sale and development
of any land, including the nomination of purchasers in

respect of land leased from the Crown;(Added 15 of 1982 s. 4)







(k)to do all such other acts as are reasonably necessary for the
exercise or performance of all or any of the powers or duties of
the Authority under this Ordinance and to perform any other
function which is incidental or conducive to or connected with
the attainment or furtherance of the purposes of the Authority in
accordance with this Ordinance.
(3) In each financial year, before a date to be appointed by the Governor,
the Authority shall submit to the Governor for his approval a programme of
its proposed activities and estimates of the income and expenditure of the
Authority for the next financial year:
Provided that the programme and estimates for the first financial year of
the Authority shall be forwarded as soon as is practicable after the
commencement of this Ordinance.
(4) The policy of the Authority shall be directed to ensuring that the
revenue accruing to it from its estates shall be sufficient to meet its recurrent
expenditure on its estates.

5. Property vested in the Crown

The Governor may, by order, vest in the Authority the control and
management of any property which is vested in the Crown.

SA. Transfer of assets and liabilities to Authority

The assets and liabilities accounted for in the Home Ownership Fund as at
31 March 1988 shall, on 1 April 1988, become assets and liabilities of the
Authority.

(Added 16 of 1988 s. 4)

6. Incorporation

The Authority shall be a body corporate with perpetual succession and a
common seal and, for the purposes of this Ordinance, with a capacity to acquire
and hold land and to sue and be sued in the corporate name of the Authority.
(Amended 74 of 1974 s. 3)

7. Committees

(1) Subject to subsection (2), the Authority may appoint committees for
the better discharge of its functions under this Ordinance.
(2) The Authority shall appoint a committee comprising 12 members, at
least 4 of whom shall not be members of the Authority, for the purpose of
hearing appeals under section 20(1); and at any meeting of the committee





a quorum shall consist of 3 members, at least 1 of whom shall not be a member of
the Authority. (Replaced 42 of 1976s. 2. Amended 16 of 1988s. 5)

(3) A committee appointed under this section may include persons who are not
members of the Authority. (Amended 82 of 1984s. 2)

8. Execution and authentication of documents

Any instrument purporting to be executed under the seal of the Authority shall
be received in evidence upon its production without further proof and shall, unless
the contrary is proved, be deemed to be an instrument so executed.

9. Power of Governor to give directions

(1) The Governor may give such directions as he thinks fit, either generally or
in any particular case, with respect to the exercise or performance by the Authority
or a public officer, of any power, functions or duties under this Ordinance.

(2) The Authority and every public officer shall, in the exercise or performance
of any powers, functions or duties under this Ordinance, comply with any
directions given by the Governor under subsection (1).

10. Delegation of powers

(1) The Authority may delegate any of its powers and functions, other than
any power to make bylaws, to any public officer or class of public officers and to
any committee of the Authority appointed under section 7.

(2) Any committee of the Authority to which powers or functions have been
delegated by the Authority in accordance with subsection (1) may delegate any of
such powers and functions to any public officer or class of public officers.'

(3) The Director of Housing may, by notice in the Gazette, delegate any of his
powers and functions under this Ordinance to any public officer. (Added 15 of
1982 s. 5. Amended 16 of 1988 s. 6)

11. Exercise of power

Where any power is conferred upon any person by this Ordinance, or any
requirement, notice or direction is made or given thereunder, such power may be
exercised by that person and by other persons acting by direction, and that person
and any other persons so acting may use all force reasonably necessary for the
exercise of that power.





PART 11

FINANCE

12. Borrowing powers

The Authority may borrow from the Government, or from such other sources
as the Governor may approve, such moneys as may be required for the discharge of
the functions of the Authority under this Ordinance, upon such terms and
conditions as may be approved by the Governor.

13. Investment of surplus funds

(1) Any moneys in the hands of the Authority which are not immediately
required for the purposes of the Authority may be invested in such securities as
may be approved by the Financial Secretary. (Amended 16 of 1988 s. 7)

Provided that, during such time as any moneys are due by the Authority to the
Government, no such investment shall be made without the prior approval of the
Financial Secretary.

(2) If in any financial year there is an excess of revenue of the Authority over
the total sum required by it

(a) to meet the total outgoings and provisions of the Authority

properly chargeable to revenue; and

(b) to enable the Authority to

(i) make such allocations to reserves as it may reasonably consider
adequate; and

(ii) pay any moneys owing by it, whether or not payment is legally
due at the time,

the Financial Secretary may, after consultation with the Authority, give the
Authority directions requiring it to pay the whole or part of the excess to the
Government. (Added 16 of 1988 s. 7)

14. Accounts and audit

(1) The Authority shall keep, under the general direction of the Director of
Accounting Services, proper accounts and other records and shall prepare in
respect of each financial year a statement of accounts. (Amended L.N. 16 of 1977)

(2) Not later than 30 September following the end of each financial year, or
before a later date that the Governor may allow, the accounts of the Authority shall
be submitted to the Director of Audit who shall audit the

accounts and furnish a report on them.(Replaced 16 of 1988 s. 8)





(3) As soon as the accounts of the Authority have been audited, the
Authority shall send to the Governor a copy of the statement of accounts
signed by the Chairman together with a copy of the report made by the auditor
on that statement or on the accounts of the Authority.
(4) The Chief Secretary shall lay a copy of every such statement and
report on the table of the Legislative Council not later than 31 December next
following the end of the financial year or before such later date as the Governor
may allow. (Amended 16 of 1988 s. 8)

15. Annual reports

(1) The Authority shall, as soon as possible after the end of each financial
year, make to the Governor a report dealing generally with the activities of the
Authority during that year.
(2) The Chief Secretary shall lay a copy of every such annual report on
the table of the Legislative Council not later than 31 December next following
the financial year to which the annual report relates or before such later date as
the Governor may allow. (Amended 16 of 1988 s. 9)

PART 111

DISPOSAL OF PROPERTY

16. Leases of land in estates

(1) Subject to this Ordinance, the Authority may-
(a)let to any person, for any period, any land in an estate, subject to
the payment of such premium, rent or other consideration as the
Authority may determine; and
(b)fix the terms, covenants and conditions on which any land in an
estate may be let or occupied.
(2) Where the Authority grants a lease under subsection (1) of Crown
land in an estate of which control and management has been vested in it under
section 5, 37 or 38, the person occupying the land under and in accordance with
the lease shall be deemed, for the purposes of sections 4 and 6 of the Crown
Land Ordinance (Cap. 28), to be occupying the land under a licence issued
under section 5 of that Ordinance.

17. Remission of rent

The Authority may remit, in whole or in part and for such period as it
thinks fit, the payment of any rent, premium or other consideration payable
under any lease.





17A. Sale of land

(1) Subject to the conditions of the Crown lease in respect of any land in an
estate, and subject to the payment of such purchase price and such terms and
conditions of payment as the Authority may determine with the prior approval of
the Governor, the Authority may sell or otherwise dispose of any such land.

(2) Subject to the conditions of the Crown lease in respect of any land in an
estate, the Authority may fix the terms, covenants and conditions on which such
land may be sold or otherwise disposed of.

(3) The Authority shall determine the eligibility of persons to purchase land in
an estate, specify the form of application for the purchase of such land and the
information to be provided in such application, and charge such fee in respect of
such application as it may determine.

(Added 33 of 1978 s. 4)

17AA. Particular conditions of sale

(1) Without prejudice to the general power mentioned in section 17A(2), where

(a) any land in an estate is sold under section 17A to any person; or

(b) any land in respect of which the Authority is authorized to

nominate purchasers is sold to a person nominated by the Authority, the Director of
Housing may stipulate, by notice in the Gazette, that the agreement for sale and
purchase and the deed of assignment shall be subject to the terms, covenants and
conditions mentioned in the Schedule and the terms, covenants and conditions so
stipulated shall be part of the agreement and deed.

(2) The Governor in Council may amend the Schedule; and any agreement for
sale and purchase or any deed of assignment made subject to the terms, covenants
and conditions mentioned in the Schedule under subsection (1) shall continue to
have effect subject to any amendment of those terms, covenants and conditions
under this subsection.

(3) A statement in any agreement for sale and purchase or deed of assignment
mentioned in subsection (1) that the agreement or deed is subject to the terms,
covenants and conditions mentioned in the Schedule shall be sufficient evidence,
until the contrary is proved, that the Director of Housing has stipulated that the
agreement or deed shall be subject to those terms, covenants and conditions.

(Added 15 of 1982 s. 6. Amended 16 of 1988 s. 10)

17B. Void alienations

Where

(a) any land in any estate is sold under section 17A to any person; or





(b)any land in respect of which the Authority is authorized to
nominate purchasers is sold to a person nominated by the
Authority,
any alienation or conveyance or purported alienation or conveyance or any
agreement to alienate or convey such land-

(i) by that person in breach of any term or condition of the agreement for
sale and purchase or any covenant in the deed of assignment relating
to such land; and

shall be void.

(ii)by a mortgagee of such land in breach of any of the terms on which
the mortgage was authorized by the Director of Housing, (Amended
16 of 1988 s. 10)

(Replaced 15 of 1982 s. 7)

18. Certain Ordinances not to apply

(1) Part VII of the Public Health and Municipal Services Ordinance (Cap. 132)
and any regulations made under that Part shall not apply to any building or
structure to which a lease under section 16 relates. (Amended 33 of 1978 s. 5; 10 of
1986 s. 32)

(2) Subject to subsection (3), the Buildings Ordinance (Cap. 123) shall not apply
to any building to be constructed, or which is being constructed, by the Authority
and to any building which is vested in the Authority and no part of which has been
sold or otherwise disposed of under section 17A. (Addend 33 of 1978 s.5)

(3) The Buildings Ordinance (Cap. 123), other than section 21 thereof, shall
apply to any such building if, after its construction has been completed, any part of
it is sold or otherwise disposed of under section 17A of this Ordinance. (Added33 of
1978s. 5)

PART IV

CONTROL OF
ESTATES

19. Termination of lease

lease-

(1) Notwithstanding the terms thereof, the Authority may terminate any

(a)without notice, if, in the opinion of the Authority, the land held
under the lease has become unfit for human habitation, a nuisance,
dangerous to health or unsafe; or

(aa) without notice, if, in the opinion of the Authority, no person
authorized under the lease to occupy the land or part thereof

occupies the land or part thereof, or (Added 42 of 1976s.3)





(b)otherwise, by giving such notice to quit as may be provided for in
the lease or 1 month's notice to quit, whichever is the greater.

(2) Upon the termination of a lease under subsection (1), the tenant shall, if he
is still occupying the land, be a trespasser thereon.

(3) No court shall have jurisdiction to hear any application for relief by or on
behalf of a person whose lease has been terminated under subsection (1) in
connection with such termination.

19A. Notice of termination

(1) Where a lease has been terminated under section 19(1)(a) or (aa), the
Authority shall, as soon as practicable after such termination, serve notice in
writing thereof on the tenant specifying the date of the termination and the reasons
therefor.

(2) Service of a notice required to be served under subsection (1) may be
effected

(a) by delivering it to the tenant personally; or

(b)by sending it by post to the tenant at his last known postal address;
or

(c)where the last known postal address of the tenant is that of the
premises which are the subject of the lease, by affixing the notice to
the door of the premises.

(Added 42 of 1976 s. 4)

20. Appeal against termination

(1) Where a lease has been terminated under section 19(1)(a) or (aa), or where a
notice to quit has been given under section 19(1)(b), the tenant may appeal to the
committee, appointed by the Authority under section 7(2), not later than 15 days
after the date on which

(a)service of the notice of termination has been effected under section
19A(2); or

(b) notice to quite has been given under section 19(1)(b), as the case may
be:

Provided that where the committee is satisfied that the tenant is unable to
appeal by reason of ill-health, absence or other cause thought sufficient by the
committee, it may permit an appeal to be made on behalf of the tenant by a person
authorized under the lease to occupy the land or part of it. (Replaced 42 of 1976 s. 5.
Amended 15 of 1982 s. 8)

(2) An appeal under subsection (1) shall be in writing and shall state the
grounds of the appeal.

(3) The committee, in determining an appeal against a termination





(a)under section 19(1)(a) or (aa), may confirm, suspend or cancel
termination; (Amended 42 of 1976s. 5)

(b)under section 19(1)(b), may confirm, amend, suspend or cancel
the notice to quit.

(4) The decision of the committee shall be final.

21. Eviction of trespassers

(1) Subject to subsection (2), any person who is a trespasser in an estate shall
leave the estate when ordered to do so by an authorized officer.

(2) A person, upon whom a notice to quit has been served under section
19(1)(b) and who has appealed against the notice under section 20, shall not be
deemed to be a trespasser until his appeal has been determined.

(3) Any trespasser ordered to leave an estate who does not, within a
reasonable time, obey such order may be evicted from the estate by an authorized
officer who may use such force as may be reasonably necessary to evict such
trespasser and, for that purpose, may request the assistance of a police officer or
any other authorized officer.

22. Inspection of premises

An authorized officer may, at any time and in pursuance of his duties, enter
and inspect

23. Emergency closure of premises

(a) any land in an estate; or

(b)any land sold by the Authority or in respect of which the Authority
has nominated a purchaser and which land is subject to any
restriction against alienation, conveyance or parting with
possession.

(Replaced 15 of 1982 s. 9)

(1) If, in the opinion of the Authority, any building which is vested in the
Authority and no part of which has been sold or otherwise disposed of under
section 17A, or any part of such building, is or is likely to become dangerous by
reason of fire, wind, rain or any other cause, the Authority may by order declare the
building to be dangerous. (Amended 33 of 1978s. 6)

(2) On the making of an order under subsection (1) every lease of the building
or part thereof shall terminate forthwith.

(3) Where an order has been made under subsection (1)-

(a)every person in the building or part thereof shall quit forthwith the
same when required to do so by an authorized officer; and





(b)any authorized officer may evict any person who fails to quit
forthwith the building or part thereof when required to do so by an
authorized officer.

(4) In the exercise of his powers under subsection (3) an authorized officer, with
such assistance from police officers as he considers necessary, may use such force
as is reasonably necessary to evict any person who fails to quit the building or part
thereof when required to do so by an authorized officer.

24. Power to take custody of and dispose of property

(1) The Authority may take possession of any property-

(a)found on any land in an estate which has been the subject of a lease,
after the tenant has left the land following the termination of his
lease;

found on any land in an estate (other than land leased under section
16) vested in or under the control and management of the Authority
and which appears to an authorized officer to have been abandoned;
(Replaced 33 of 1978s. 7)

(c)which has been placed in or on or affixed to any land in an estate in
contravention of any condition in a lease, deed of assignment or
deed of mutual covenant; (Replaced 33 of 1978 s. 7)

which causes an obstruction or nuisance on or in any land in an
estate (other than land leased under section 16) vested in or under
the control and management of the Authority. (Replaced 33 of 1978
s.7)

(2) The Authority shall post, on or near the premises or place where the
property is or was situate, a notice setting out details of any property of which it
has taken possession under subsection (1) and shall, in such notice, call upon any
claimant to submit his claim to the property

(a)in the case of property referred to in subsection (1)(a), within such
time as is specified in the notice being not less than 7 days after the
day on which the notice was posted; and

(b)in the case of property referred to in subsection (1)(b), (c) or (d),
within 2 days after the day on which the notice was posted.

(3) The Authority may refuse to return any property of which it has taken
possession under subsection (1) unless satisfied that the claimant is the owner of
the property.

(4) The Authority may recover from a claimant to whom any property, of which
the Authority has taken possession under subsection (1), is returned any expenses
incurred by it in the removal and storage of such property.

(5) Any property of which the Authority has taken possession under
subsection (1), which is not claimed within the time referred to in subsection (2)





or which the Authority refuses to return under subsection (3) to any person,
shall become the property of the Authority free from the rights of any person
and may be disposed of by the Authority by sale or otherwise.
(6) If, within 6 months after the day on which the notice was posted under
subsection (2), any person satisfies the Authority that, at the time any property
sold pursuant to subsection (5) became the property of the Authority by
virtue of that subsection, he was the owner of such property, the Authority
shall pay to such person the balance of the proceeds of sale after deducting any
expenses incurred by the Authority in the removal, storage and sale of the
property.

25. Power to obtain information

(1) The Authority and any authorized officer may, for the purposes of
this Ordinance, serve on the owner or occupier of any land, whether or not in
an estate, a requisition in the specified form requiring him to furnish to the
Authority or the authorized officer, within the time stated in the form, the
particulars specified in the requisition. (Amended 15 of 1982 s. 10)
(2) The Authority and an authorized officer may, for the purposes of this
Ordinance, give notice in writing to the owner or occupier of any land, whether
or not in an estate, requiring him to attend at a time and place stated in the
notice and be examined concerning the occupation of the land. (Amended 15
of 1982 s. 10)
(3) The Authority and an authorized officer may require a person holding
a lease to produce it at such time and place as the Authority or authorized
officer may specify.

25A. Restricted roads

(1) The Authority may, with the approval of the Commissioner for
Transport and the Director of Highways, designate in the prescribed manner
any road or length of a road to be a restricted road. (Amended L.N. 76 of
1982; L.N. 127 of 1986)
(2)The Authority may restrict the entry to, or the parking of vehicles on,
a restricted road to vehicles owned or used by-
(a) the Authority or the Government;
(b) the tenants of premises abutting on the restricted road;
(c) bona fide visitors of such tenants; and
(d) other persons permitted by the Authority.
(3) Entry to a restricted road may be refused by the Authority to a vehicle
owned or used by any person specified in subsection (2)(b), (c) or (d) if no
parking place is available on the restricted road for the parking of the vehicle or
temporarily for any other reason.





(4) Nothing in this section shall apply to the rolling stock of the North-west
Railway as defined in the Kowloon-Canton Railway Corporation Ordinance(Cap.
372). (Added 56 of 1986 s.24)

(Added 19 of 1978 s. 4)

25B. Removal, etc., of vehicles

(1) For the purposes of this section and section 25C 'vehicle' includes any
load carried by a vehicle.

(2) The Authority or an authorized officer may impound or remove any vehicle
which is

(a)on a restricted road in contravention of a restriction imposed under
section 25A(2) or a refusal of entry imposed under section 25A(3);

(b)parked, or permitted to remain at rest, for whatever reason in any
place on a restricted road other than in a parking place;

(c)parked, or permitted to remain at rest, for whatever reason on a
pavement, road verge or hard shoulder of a restricted road or on a
centre reservation or traffic island on a restricted road;

(d)parked in a parking place unless such parking is authorized by the
Authority or an authorized officer; or (Amended 15 of 1982 S. 11)

(e)parked in a car park unless such parking is authorized by the
Authority or an authorized officer. (Amended 15 of 1982 s.]])

(3) The power of impounding or removing a vehicle under subsection (2) shall
be exercised only when

(a) the vehicle is unattended and the driver cannot be located; or

(b)the driver is unable to remove the vehicle, or refuses or fails to
remove the vehicle, on being requested to do so by the Authority or
an authorized officer.

(4) Subject to section 25C, any vehicle impounded or removed under this
section may be detained by the Authority until there is paid to the Authority such
impounding or removal charge and storage charge as may be prescribed and any
parking fee incurred in respect of the vehicle prior to its impounding or removal.

(Added 19 of 1978 s. 4)

25C. Sale of detained vehicles

(1) When a vehicle which is detained under section 25B is not claimed within 3
days after its detention, the Authority or an authorized officer shall serve on the
registered owner of the vehicle a notice informing him(Amended 79 of 1979 s. 2; 15 of
1982 s. 12)





(a) of the detention of the vehicle and the place of detention; and

(b)that unless the vehicle is removed from the place of detention, on
payment of any charges and parking fee payable under section
25B(4), within 14 days after the service of the notice on him, the
vehicle shall become the property of the Authority free from the
rights of any person and may be disposed of by the Authority by
sale or otherwise.

(2) If a vehicle is not removed in accordance with the notice served under
subsection (1), the vehicle shall become the property of the Authority free from the
rights of any person and may be disposed of by the Authority by sale or otherwise
as it thinks fit.

(3) If, within 6 months after the day on which a vehicle is sold pursuant to
subsection (2), any person satisfies the Authority that at the time the vehicle
became the property of the Authority by virtue of that subsection, he was the
registered owner of the vehicle, the Authority shall pay to such person the balance
of the proceeds of sale after deducting- (Amended 15 of 1982 s. 12)

(a) any charges and parking fee payable under section 25B(4); and

(b)any reasonable charges incurred by the Authority in respect of the
sale of the vehicle.

(Added 19 of 1978 s. 4)

PART V

OFFENCES AND
PENALTIES

26. False statements

(1) Any person who knowingly makes any false statement-

(a)in furnishing the particulars specified in a requisition under section
25(1);

(b) in an examination under section 25(2); or

(e) in respect of an application for a lease, shall be guilty of an ofrence and
shall be liable on conviction to a fine of $20,000 and to imprisonment for 6 months.

(2) Any person who makes any statement to the Authority-

(a)in respect of any matter relating to the purchase of land in an estate or
of land in respect of which the Authority is authorized to nominate
purchasers; or

(b)in providing any information to the Authority in respect of such
matter,
which he knows to be false or misleading as to a material particular shall be
guilty of an offence and shall be liable on conviction to a fine of $200,000 and to
imprisonment for 1 year. (Added33 of 1978s. 8)

(Amended 15 of 1982 s. 13)





under section 26(2)

committed in
either---
(a)
(1) Where a court convicts a person of an offence under section 26(2)
relation to the purchase of land by him, the court shall order,

that the land purchased by the offender be transferred to the
Authority or to such person as the Authority may nominate; or
(b)that the offender forfeit to the Crown a sum equivalent to the
difference between the purchase price of the land, including any
amount paid to the Crown under paragraph 1(b) of the Schedule,
and its market value, with vacant possession and without any
restriction as to alienation, conveyance or parting with pos-
session, at the date of the conviction:
Provided that-
(i) the court may, for special reason relating to the circumstances of
the offence, which it shall record, dispense with making an order;
and
(ii)the court shall not make an order mentioned in paragraph (a)
where it would prejudice another person who has, in good faith
and for valuable consideration, acquired an interest in the land.
(2) Following an order made under subsection (1)(a), the court shall
appoint a person to transfer the land and to execute all proper conveyances for
this purpose, against payment to the offender of the purchase price, including
any amount paid to the Crown under paragraph 1(b) of the Schedule, paid by
him, less-
(a)the amount due under any registered mortgage, which shall be
paid to the mortgagee; and
(b)any other amount that would have been deductible if the offender
had assigned the land to the Authority or its nominee under the
agreement for sale and purchase or the deed of assignment to
him.

(Added 15 of 1982 s. 14)

26B. Court orders on conviction of other
person under section 26(2)

(1) Where a court convicts a person of an offence under section 26(2)
committed in relation to the purchase of land by another person, the
court shall, on the application of the Authority, summon the purchaser to
appear before it to show cause why an order should not be made under
subsection (3).





(2) The summons mentioned in subsection (1) shall be served on the purchaser
personally or by leaving it with some person at the purchaser's residence.

(3) If the purchaser fails to appear to answer to the summons or if the court,
after due inquiry, is satisfied that the purchaser

(a)knew that the statement which was the subject of the offence had
been made by the convicted person to the Authority; and

(b)knew that the statement was false or misleading or, with reasonable
diligence, could have ascertained that it was false or misleading,

the court shall order, either-

(i)that the land purchased by the purchaser be transferred to the
Authority or to such person as the Authority may nominate; or

(ii) that the purchaser forfeit to the Crown a sum equivalent to the
different between the purchase price of the land including any
amount paid to the Crown under paragraph 1(b) of the Schedule, and
its market value, with vacant possession and without any restriction
as to alienation, conveyance or parting with possession, at the date
of the order.

(4) (a)The court may, for special reason relating to the circumstances of the
offence, which it shall record, dispense with making an order
mentioned in subsection (3).

(b)The court shall not make an order mentioned in subsection (3)(i)
where it would prejudice another person who has, in good faith and
for valuable consideration, acquired an interest in the land.

(5) Following an order made under subsection (3)(i), the court shall appoint a
person to transfer the land and to execute all proper conveyances for this purpose,
against payment to the purchaser of the purchase price including any amount paid
to the Crown under paragraph 1(b) of the Schedule, paid by him, less

(a)the amount due under any registered mortgage, which shall be paid to
the mortgagee; and

(b)any other amount that would have been deductible if the purchaser
had assigned the land to the Authority or its nominee under the
agreement for sate and purchase or the deed of assignment to him.

(6) For the purposes of subsection (3), the state of the purchaser's knowledge
shall be judged at any time before the land was conveyed to him.

(7) For the purposes of conducting the procedure in the inquiry mentioned in
subsection (3), the court shall have all the powers possessed by it when
conducting any other hearing within its jurisdiction.

(Added 15 of 1982 s. 14)





27. Refusal to furnish information

Any person who-

(a)refuses or neglects to furnish any of the particulars specified in a
requisition under section 25(1);

(b)refuses or neglects, when required under section 25(3), to produce
his lease,
shall be guilty of an offence and shall be liable on conviction to a fine of $10,000
and to imprisonment for 3 months.

27A. Unlawful alienation

(Amended 15 of 1982 s. 15)

Any person, other than a mortgagee under a mortgage guaranteed either
wholly or in part by the Crown, who, in the circumstances mentioned in section 17B,
alienates or conveys, purports to alienate or convey, parts with possession or
enters into an agreement to alienate, convey or part with possession, of the land
mentioned in that section commits an offence and is liable to a fine of $200,000 and
to imprisonment for 1 year.

(Added 15 of 1982 s. 16)

28. Offences in respect of leases

(1) Any person who, without the consent of the Authority, alters a lease shall
be guilty of an offence and shall be liable on conviction to a fine of $2,000 and to
imprisonment for 6 months.

(2) Any person who, knowing that a lease has been altered without the consent
of the Authority, makes any claim under, upon or by virtue of the same shall be
guilty of an ofrence and shall be liable on conviction to a fine of $2,000 and to
imprisonment for 6 months. (Added 42 of 1976s. 6)

29. Obstruction

Any person who obstructs the Authority or an authorized officer in the
exercise of any power or the performance of any duty conferred or imposed under
this Ordinance shall be guilty of an offence and shall be liable on conviction to a
fine of $2,000 and to imprisonment for 6 months.

29A. Limitation of time for prosecution of offences

Notwithstanding anything in the Magistrates Ordinance (Cap. 227)

(a) proceeding in respect of an offence against any section of this
Ordinance, other than section 26(2), may be brought at any time





within 2 years next after the commission of the offence or within 6
months after the discovery thereof by an authorized officer,
whichever period expires first;

(b)proceedings in respect of an offence against section 26(2) may be
brought at any time within 6 years next after the commission of the
offence or within 1 year after the discovery thereof by an authorized
officer, whichever period expires first.

(Replaced 33 of 1978s. 9. Amended 15 of 1982 s.17)

PART VI

GENERAL

30. Authority may make bylaws

(1) The Authority may make bylaws to provide for-

(a) the management and control of its estates;

(b) the sanitation and cleansing of its estates;

(c) the health of persons living in its estates;

(d) the selection of persons to whom leases may be granted;

(e)the manner in which applications for leases of premises in its estates
may be made;

(f)the preservation of good order and the prevention of abuses and
nuisances in its estates;

(fa) the management and control of common parts; (Added 33 of 1978s.
10)

(g) the control of the use of vehicles within its estates;

(ga) the control of access by vehicles to, and the regulation of parking of
vehicles on, restricted roads; (Added 19 of 1978 s. 5)

(gb) the control of the user of car parks and parking places and other
matters relating thereto; (Added 19 of 1978 s. 5)

(gc) the erection, with the approval of the Commissioner for Transport
and the Director of Highways, of road barriers and signs on
restricted roads; (Added 19 of 1978 s. 5. Amended L.N. 76 of 1982;
L.N. 127 of 1986)

(gd) the impounding and removal of vehicles, the storage of such
vehicles, and prescribing charges therefor; (Added 19 of 1978 s.5)

(ge) the ascertaining of the names and addresses of the registered owners
and drivers of vehicles using restricted roads, car parks and parking
places; (Added 15 of 1982 s. 18)

(h) the eviction of trespassers from its estates;

(i) the better carrying out of this Ordinance.





(2) Bylaws made by the Authority shall be subject to the approval of the
Legislative Council.

31. No claim to lie against the Authority
or the Government

Neither the Government, nor the Authority or any authorized officer, shall
be liable for any loss or damage suffered by any person in consequence of
anything done under section 24.

32. Certain parts of estates to be public places

Any land in an estate (other than land leased under section 16 or land
which has been sold or otherwise disposed of under section 17A) vested in or
under the control and management of the Authority shall be deemed to be a
public place for the purposes of the Summary Offences Ordinance (Cap. 228)
and the Public Order Ordinance (Cap. 245).

(Amended 33 of 1978 s. 11)

33. Power to specify forms

(1) The Authority may specify the forms to be used under this Ordinance.
(2) The Authority may publish in the Gazette any form specified by it
under subsection (1).

34. Exemptions

(1) The Authority shall, for the purpose of this Ordinance, be exempt
from the Inland Revenue Ordinance (Cap. 112).
(2) Property vested in or placed under the control of the Authority for the
purposes of this Ordinance shall be exempt from Part 1 of the Landlord and
Tenant (Consolidation) Ordinance (Cap. 7).

35. Dispute as to English or Chinese version of lease, etc.

If any dispute arises in respect of any difference between the English
version and the Chinese version of any lease, assignment, agreement, deed of
mutual covenant, letter, notice or other document required, granted, issued or
made by, under or for the purposes of this Ordinance, the English version shall
prevail.

(Amended 33 of 1978 s. 12)





36. Savings

(1) Any lease, tenancy, permit or licence granted under the repealed
Housing Ordinance (Cap. 283, 1964 Ed.) or the repealed Resettlement
Ordinance (Cap. 304, 1971 Ed.) and in force at the commencement of this
Ordinance shall continue in force and have effect upon the same terms,
covenants and conditions as if it were a lease.
(2) Any document referring to the repealed Resettlement Ordinance
(Cap. 304, 1971 Ed.) shall, so far as may be necessary for preserving its effect,
be construed as referring to or as including a reference to this Ordinance.

37. Vesting of property

(1) All the immovable property vested in the former Authority at the
commencement of this Ordinance shall at that date be vested in the Authority
by virtue of this Ordinance for the residue of the term of years created by the
respective Crown leases, subject to the covenants, conditions, stipulations,
exceptions, reservations, provisos and powers contained in and reserved by the
said Crown leases.
(2) Any other property, right and privilege vested in the former Authority
at the commencement of this Ordinance shall at that date be vested in the
Authority by virtue of this Ordinance on the terms and conditions, if any, on
which the same was vested at that date, and the Authority shall be subject to
the obligations and liabilities to which the former Authority was subject at the
commencement of this Ordinance.
(3) All rights, obligations and liabilities which immediately before the
commencement of this Ordinance were vested in or imposed on the
Commissioner for Housing shall, at the commencement of this Ordinance, be
deemed to be the rights, obligations and liabilities of the Authority.
(4) In this section, -former Authority' means the Hong Kong Housing
Authority established by the repealed Housing Ordinance (Cap. 283, 1964 Ed.).

38. Transitional

(1) The control and management of all land in respect of which, at the
commencement of this Ordinance, a competent authority had been appointed
shall vest in the Authority.
(2) Any other property, right and privilege vested in a competent
authority at the commencement of this Ordinance shall vest in the Authority on
the terms and conditions, if any, on which the same was vested at that date, and
the Authority shall be subject to the obligations and liabilities to which the
competent authority was subject at the commencement of this Ordinance.
(3) At the commencement of this Ordinance, every competent authority
shall deliver to the Authority all books, papers, documents, minutes, receipts





and accounts relating to the competent authority and to its operation under the
repealed Resettlement Ordinance (Cap. 304, 1971 Ed.).

(4) Every contract entered into under section 57 of the repealed Resettlement
Ordinance (Cap. 304, 1971 Ed.), whether in writing or not, to which a competent
authority was a party and which was in force immediately prior to the
commencement of this Ordinance, and whether or not of such nature that the rights
and liabilities thereunder could be assigned, shall have effect as from the
commencement of this Ordinance as if

(a) the Authority had been a party to such agreement; and

(b)for any reference (however worded and whether express or implied)
to a competent authority there were substituted in respect of
anything to be done on or after the commencement of this Ordinance
a reference to the Authority.

(5) Any proceedings under the repealed Resettlement Ordinance (Cap. 304,
1971 Ed.) pending at the commencement of this Ordinance to which a competent
authority was a party shall be continued as if the Authority was a party thereto in
lieu of the competent authority.

(6) Where anything under the repealed Resettlement Ordinance (Cap. 304, 1971
Ed.) has been commenced by or under the authority of a competent authority and
such thing is within the power of the Authority or was done in relation to any of the
matters transferred by this section to the Authority, such thing may be carried on
and completed by, or under the authority of, the Authority.

(7) Where, at the commencement of this Ordinance, rent is payable under the
repealed Resettlement Ordinance (Cap. 304, 1971 Ed.) in respect of any lease, the
Authority may, subject to subsections (8) and (9), vary, without the agreement of
the tenant, the rent so payable.

(8) The Authority shall, if it intends to vary the rent of a lease under subsection
(7), give to the tenant not less than 1 month's notice in writing of its intention and
shall state in the notice the amount of the new rent.

(9) Subsection (7) shall not apply if the tenant has paid, or agreed to pay, a
fine, premium or other consideration (other than rent) in order to obtain his lease.

(10) In this section 'competent authority' means a competent authority under
the repealed Resettlement Ordinance (Cap. 304, 1971 Ed.).

SCHEDULE

TERMS, COVENANTS AND CONDITIONS

[ss. 17AA, 26A &
26B]

1. Subject to paragraph 4, the purchaser shall not at any time alienate or convey, purport to
alienate or convey, part with possession or enter into any agreement to alienate, convey or part
with possession of, the land sold other than to the Authority, or such person as the Authority
may nominate, unless





(a) either-

(i) a period of 10 years has elapsed from the date of the assignment to the

purchaser; or

(ii) before that period has elapsed, the purchaser has offered to assign the land to

the Authority and the Authority or its nominee has declined to accept the
assignment; and

(b)the purchaser has first paid to the Crown an amount equal to that proportion of the
full market value, as assessed by the Director of Housing, of the land at the time of
that payment which is the same proportion of the full market value, as specified in
the deed of assignment, of the land at the time of the sale to the purchaser which
was not paid by the purchaser at the time of the assignment to him. (Amended 16 of
1988s.]])

Where the purchaser offers to assign the land to the Authority, or a person nominated by
the Authority, the purchase price shall be

(a)where the purchaser offers to assign the land before a period of 5 years has elapsed
from the date of the assignment to the purchaser, an amount equal to the price
(excluding interest on the price and any legal or other expenses incurred in
connection with the purchase of the land by the purchaser) paid by the purchaser on
assignment of the land to him;

(b)where the purchaser offers to assign the land after a period of not less than 5 years
has elapsed from the date of the assignment to the purchaser, an amount fixed by
the Director of Housing who, in fixing that amount, shall have regard to the price of
land, as similar as possible to that to be assigned by the purchaser, being offered for
sale, either by the Authority or in respect of which the Authority is authorized to
nominate purchasers, at the time of the purchaser's offer to assign:

Provided that if no such land is being offered for sale at that time, the
Director of Housing shall have regard to the price of such land last offered for sale.
(Amended ]6of 1988s. 11)

3. Against assignment of the land to the Authority, or a person nominated by the Authority, the
purchaser shall be entitled to receive the price as mentioned in paragraph 2(a) or (b), less

(a) the amount due under any registered mortgage, which shall be paid to the mortgagee;

(b) any rates or property tax due in respect of the land;

(c)any amount certified by the Authority as being the reasonable cost of making good
any damage or deterioration to the land;

(d) any amount due under any deed of mutual covenant in respect of the land;

(e) all legal costs and other expenses, fees and duty payable in respect of the
assignment
by the purchaser; and
any electricity, gas, water or other public utility charges due in respect of the land,

4. Notwithstanding that the purchaser has not paid the amount mentioned in paragraph 1, he
may, for the purpose of raising purchase money for the purchase of the land, mortgage the
land to such persons, and on such terms, as are authorized by the Director of Housing. (Amended
16 of 1988 s. 11)

2.

(Schedule added 15 of 1982 s.
19)

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