Hong Kong Ordinances

BUILDING MANAGEMENT ORDINANCE - SECT 45

Jurisdiction of tribunal in relation to building management

(Past version on 01/08/2000).
(Past version on 30/06/1997).

PART VIII

JURISDICTION VESTED IN LANDS TRIBUNAL

(1) The tribunal shall have jurisdiction to hear and determine any proceedings
specified in Schedule 10.

(2) No person other than a person to whom this section applies shall be
competent to commence any proceedings referred to in subsection

(1).

(3) Subject to the provisions of this Ordinance, nothing in this section or
Schedule 10 shall be construed to vest in the tribunal any jurisdiction other
than civil jurisdiction or any jurisdiction to make any order which would, if
made, have the effect of rendering void, negativing or substantially varying
in whole or in part any contractual or proprietory right enjoyed by any owner
or occupier 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). (Amended 69 of 2000 s. 22)

(4) This section applies to the following persons, namely-

   (a)  an owner;

   (aa) the Authority; (Added 69 of 2000 s. 22)

   (b)  a person referred to in section 3(1)(a) or (b);

   (c)  a management committee;

   (d)  a corporation;

   (e)  a manager within the meaning of Part VIA;

   (f)  an owners' committee within the meaning of that Part;

   (g)  a registered mortgagee;

   (h)  an administrator;

   (i)  with leave of the tribunal, the tenants' representative; or

   (j)  with leave of the tribunal, any other person specified in an
        instrument which is registered in the Land Registry including a
        deed of  mutual covenant (if any).

(5) In this section and Schedule 10, "proprietory right" (所有權權利)
includes any such right express or implied whether specified in an easement,
licence, permission or otherwise. (Amended 5 of 2007 s. 64) (Part VIII added
27 of 1993 s. 37)

"proprietory right" (所有權權利)