Hong Kong Ordinances

BEDSPACE APARTMENTS ORDINANCE - SECT 25

Recovery of cost of works by Authority

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 34 of 1999 s. 3

(1) In any case where the Authority is authorized under this Part to recover
the cost of works executed or caused to be executed by him-

   (a)  he may certify under his hand the nature of the works executed, the
        amount of the cost due and the name of the person liable therefor; and

   (b)  the cost recoverable may include the cost of labour and materials
        supplied by or at the request of the Authority for the purpose of
        carrying out such works and supervision charges.

(2) The Authority's certificate under subsection (1)(a) shall state that upon
registration thereof in the Land Registry in the circumstance described in
subsection (8), the cost due and interest thereon shall constitute a legal
charge on the premises used as the bedspace apartment in respect of which the
cost was incurred.

(3) A copy of the Authority's certificate under subsection (1)(a) shall be
served on the holder of the certificate of exemption or (as the case may be)
the licensee of the bedspace apartment in respect of which the cost in
question was incurred.

(4) Interest at the rate of 10% per annum from the expiration of 1 month after
the date of service of the Authority's certificate under subsection (1)(a)
shall be recoverable as part of the cost due.

(5) Without prejudice to any other remedy of the Authority for the recovery of
the cost due, such cost may be recovered as a debt due to the Government.
(Amended 34 of 1999 s. 3)

(6) A writ of summons in connection with any proceedings taken for the
recovery of the cost due shall be taken to have been duly served if the court
is satisfied that the writ was left at, or sent by registered post addressed
to, the defendant's address last known to the Authority, and a copy was left
at the bedspace apartment in respect of which the claim arose.

(7) In any proceedings a certificate purporting to be made under subsection
(1)(a) under the hand of the Authority shall be evidence of the facts stated
therein.

(8) Where, in relation to the bedspace apartment in respect of which the cost
in question was incurred, the holder of the certificate of  exemption or (as
the case may be) the licensee is the owner of the premises used as the
bedspace apartment or the agent of such owner, then at any time before the
cost due and interest accrued thereon have been recovered in full, the
Authority's certificate under subsection (1)(a) may be registered in the Land
Registry against the title of the premises used as the bedspace apartment, and
upon such registration the cost due and any interest accrued or accruing after
such registration shall constitute a legal charge on such premises, and such
charge shall give the Authority the same powers and remedies in respect of
such premises as if he were a mortgagee under a mortgage by deed in common
form having powers of sale and lease and of appointing a receiver.

(9) Notwithstanding subsection (8), a charge under that subsection shall, for
the purposes of the Land Registration Ordinance ( Cap 128), have priority from
the commencement of the day following the date of its registration.

(10) Upon the recovery in full of any sum in respect of which a certificate
has been registered under subsection (8) the Authority shall lodge or cause to
be lodged in the Land Registry an appropriate memorial of satisfaction against
any certificate registered by him under that subsection. (Enacted 1994)