Hong Kong Ordinances

BUILDING MANAGEMENT ORDINANCE - SECT 23

Liability of occupier to pay contributions to funds

(1) If any amount payable under section 22 by an owner who is not occupying a
flat in the building concerned remains unpaid for a period of one month after
it has become due to the corporation, the corporation may, without prejudice
to any right of action against the owner, by notice in writing addressed to
the occupier of the flat and served upon him either personally or by
registered post, demand such amount from the occupier, who shall, subject to
subsection (2), thereupon be liable to pay the same to the corporation.

(2) Notwithstanding subsection (1), the liability of the occupier of a flat to
pay an amount demanded from him under subsection (1) shall extend only to such
amount of rent or other charge (exclusive of rates) as is due at the time of
service on him of the demand, or falls due subsequently from him, in respect
of his occupation of the flat.

(3) In any proceedings by a corporation to recover an amount payable under
subsection (1), it shall be presumed, until the contrary is proved, that the
amount claimed does not exceed the amount of rent or other charge (exclusive
of rates) due from the occupier at the time of commencement of such
proceedings.

(4) If an occupier of a flat has paid an amount in accordance with this
section-

   (a)  that amount may, subject to the terms on which he occupies the flat,
        be deducted by him from the rent or other charge due in respect of his
        occupation of the flat; and

   (b)  any person, not being the owner, to whom such rent or other charge has
        been paid subject to such deduction, may in like manner as the
        occupier deduct such amount from the rent or other charge due from him
        in respect of the flat.

(5) Any deduction by an occupier or other person under subsection

(4) shall operate as a discharge, to the extent of the amount so deducted, of
his liability for the rent or other charge.