Hong Kong Ordinances

BUILDINGS ORDINANCE - SECT 27A

Dangerous hillsides, etc.

(Past version on 01/07/1997).
(Past version on 30/06/1997).

(1) Where in the opinion of the Building Authority any natural, formed or
man-made land, or any earth-retaining structure, has due to any cause been
rendered so dangerous or liable to become so dangerous that it will collapse,
or be likely to collapse, either totally or partially, and thereby will cause,
or will be likely to cause, a risk of injury to any person or damage to any
property, the Building Authority may by order in writing served on the owner
of the land or structure, or on the person who under the terms of a Government
lease is under an obligation to maintain the land or structure, declare the
land or structure to be dangerous or liable to become dangerous. (Amended 68
of 1993 s. 16; 29 of 1998 s. 105)

(2) An order under subsection (1) may require the owner or person referred to
in subsection (1)-

   (a)  to do such work as may be specified in the order;

   (b)  to appoint an authorized person, a registered structural  engineer or
        a registered geotechnical engineer or any combination of them
        specified in the order to carry out such investigation in relation to
        the land or structure as may be so specified; and (Amended 15 of 2004
        s. 23)

   (c)  to submit for approval by the Building Authority proposals for work to
        be done to make the land or structure safe based on the findings of
        the investigation, within such time or times as may be specified in
        the order. (Replaced 91 of 1990 s. 4)

(2A) Where proposals for work are submitted pursuant to an order under
subsection (1), the Building Authority may-

   (a)  approve the proposals;

   (b)  require amendments to or substitution of the proposals; or

   (c)  refuse the proposals. (Added 91 of 1990 s. 4)

(2B) On giving approval to proposals for work required to be submitted under
subsection (2), the Building Authority may by order in writing served on the
owner or person referred to in subsection (1) require the carrying out of such
approved work on the land and structure to make the land and structure safe
within such time as may be specified in the order. (Added 91 of 1990 s. 4)

(2C) All work and investigations specified in an order under this section
shall be carried out to such standard acceptable to the Building  Authority
and in compliance with regulations. (Added 91 of 1990 s. 4)

(2D) Upon the service of an order under this section, the Building  Authority
shall-

   (a)  in the case of an order served on the owner referred to in subsection
        (1), cause the order to be registered by memorial in the Land 
        Registry against the land or structure to which the order relates; and

   (b)  in the case of an order served on the person referred to in subsection
        (1), cause the order to be registered by memorial in the Land 
        Registry against the property that is leased under the Government
        lease referred to in that subsection. (Added 55 of 1996 s. 6. Amended
        29 of 1998 s. 105)

(3) Where the owner or person referred to in subsection (1) cannot be found or
fails to comply with the requirements of an order served under this section or
any part of the order or where there is failure to comply with the requirement
of subsection (2C) or where proposals submitted under this section are
refused, the Building Authority may, without further notice, carry out or
cause to be carried out-

   (a)  all or any part of the work or investigation specified in the order;

   (b)  such other investigation as he considers to be necessary or expedient
        from time to time; and

   (c)  such work as he considers to be necessary or expedient to make the
        land and structure safe, based on the findings of the investigation on
        the land and structure, whether such investigation is done by the
        owner or person or by the Building Authority, and, subject to
        subsection (3A), the cost of such work or investigation shall be
        recoverable from that owner or person. (Amended 91 of 1990 s. 4; 55 of
        1996 s. 6)

(3A) If the order has been registered with the Land Registry in accordance
with subsection (2D), the cost of any work or investigation that the
Building Authority carried out or caused to be carried out under subsection
(3) shall be recoverable from any person who, as at the date of completion of
the work or investigation (as the case may be), is-

   (a)  where subsection (2D)(a) applies, the owner of the land or structure
        to which the order relates; or

   (b)  where subsection (2D)(b) applies, the person who under the terms of
        the relevant Government lease is under an obligation to maintain the
        land or structure to which the order relates. (Added 55 of 1996 s. 6.
        Amended 29 of 1998 s. 105)

(3B) A certificate purporting to be under the hand of the Building  Authority
and stating the date of completion of any work or investigation carried out
under subsection (3) shall be prima facie evidence of that fact. (Added 55 of
1996 s. 6)

(4) In cases of emergency the Building Authority may carry out or cause to be
carried out such work as may appear to him to be necessary either without
notice to the owner or person referred to in subsection

(1), or before or after such notice, and so far as it is in the opinion of the
Building Authority attributable to such emergency the cost thereof shall be
recoverable from the owner or person. The decision of the Building Authority
that the particular case is one of emergency shall be final and binding on all
persons. (Amended L.N. 159 of 1990) (Added 72 of 1980 s. 10)