Hong Kong Ordinances

BEDSPACE APARTMENTS ORDINANCE - SECT 35

Regulations

(1) The Secretary may by regulation provide for-

   (a)  reports and information to be supplied to the Authority in respect of
        bedspace apartments;

   (b)  the lodging of appeals under section 26 and the practice and procedure
        of the Appeal Board;

   (c)  fees to be charged for any matter under this Ordinance;

   (d)  any other matter or thing required or permitted to be prescribed under
        this Ordinance; and

   (e)  generally, the better carrying into effect of the provisions of this
        Ordinance.

(2) Any regulation made under this section may-

   (a)  prohibit the performance of particular acts without the consent of the
        Authority;

   (b)  authorize the Authority to require or prohibit the performance of
        particular acts; and

   (c)  require particular acts to be performed to the satisfaction of the
        Authority.

(3) Where the Authority is of the opinion that in respect of a
bedspace apartment, compliance with any requirement of any regulation would
cause hardship or injustice, or that it would be impracticable or unreasonable
to require such compliance, the Authority may, by notice in writing to the
person being the holder of the certificate of exemption in respect of the
bedspace apartment or (as the case may be) the licensee thereof, waive wholly,
partly or conditionally such requirement in respect of that
bedspace apartment.

(4) The Authority may by notice in writing to the person mentioned in
subsection (3)-

   (a)  amend any notice given under that subsection as the Authority thinks
        fit; or

   (b)  withdraw any such notice where it appears to the Authority that the
        circumstances by reason of which such notice was given have ceased to
        exist.

(5) Regulations made under this section may provide that a contravention of
any specified provision thereof shall be an offence punishable on conviction
by a fine not exceeding $50000 and a term of imprisonment not exceeding 1 year
and a further fine not exceeding $5000 for each day or part of a day during
which the offence has continued.

(6) Any regulation made under subsection (1)(c) may provide for-

   (a)  a different fee to be payable having regard to-

        (i)    the area of the premises used as a bedspace apartment;

        (ii)   the number of occupiers that a bedspace apartment is reasonably
               capable of accommodating; or

        (iii)  the period for which a certificate of exemption or a licence is
               issued; and

   (b)  the waiver, remission, reduction or refund of any fee. (Enacted 1994)