Hong Kong Ordinances

BUILDING MANAGEMENT ORDINANCE - SCHEDULE 10

HEARING AND DETERMINATION OF SPECIFIED PROCEEDINGS BY TRIBUNAL

(Past version on 30/06/1997).

SCHEDULE 10 [sections 42 & 45]
(Amended 5 of 2007 s. 35)

1. Proceedings relating to the interpretation and enforcement of the
provisions of this Ordinance.

2. Proceedings relating to the interpretation and enforcement of the terms and
provisions of a deed of mutual covenant, including such terms or provisions
impliedly incorporated into a deed of mutual covenant under Part VIA.

3. Proceedings relating to the use, occupation, enjoyment, possession or
ownership of the common parts or any other part of a building in which the
owners have a common interest.

4. Proceedings relating to the calculation or apportionment of-

   (a)  any sums payable or purported to be payable under a deed of mutual 
        covenant (if any);

   (b)  the funds and contributions referred to in sections 20 and 21;

   (c)  any management expenses or charges (howsoever named);

   (d)  any other outgoings, payments, debts or liabilities due or liable
        under this Ordinance or in accordance with the terms and provisions of
        an instrument which is registered in the Land Registry including a
        deed of  mutual covenant (if any).

5. Proceedings relating to any question of law concerning the powers and
duties of-

   (a)  a corporation;

   (b)  a management committee, and of the chairman, secretary and treasurer
        thereof;

   (c)  a manager within the meaning of section 34D(1);

   (d)  an owners' committee within the meaning of that section;

   (e)  the tenants' representative, including such powers and duties (if any)
        of a financial, pecuniary or fiduciary nature.

6. Proceedings relating to any question of law concerning ownership,
occupation or possession of the whole or any part of the building, including
ownership or an undivided share in a building or in land on which there is a
building.

7. Without prejudice to paragraph 6 and subject to section 45(3), proceedings
relating to any question of law concerning the extent and applicability or
otherwise of any contractual or proprietory right enjoyed by owners and
occupiers or otherwise referred to in the terms and provisions of an
instrument which is registered in the Land Registry including a
deed of mutual covenant (if any).

8. Proceedings relating to any question of law concerning any breach or
alleged breach of any covenant, term or condition specified in an instrument
which is registered in the Land Registry including a deed of  mutual covenant
(if any).

9. Proceedings relating to the enforcement of any contractual or
proprietory right referred to in paragraph 7 or any covenant, term or
condition referred to in paragraph 8, as the case may be, whether by way of
specific performance, injunction, declaration, damages or otherwise. (Added 27
of 1993 s. 41)