BASEMENTS (URBAN COUNCIL) BY-LAWS - CHAPTER 132C BASEMENTS (URBAN COUNCIL) BY-LAWS - LONG TITLE Empowering section (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 BASEMENTS (URBAN COUNCIL) BY-LAWS - LONG TITLE Empowering section VerDate:30/06/1997 (Cap. 132 section 88) [3 March 1961] (G.N.A. 30 of 1961) BASEMENTS (URBAN COUNCIL) BY-LAWS - BYLAW 1 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 BASEMENTS (URBAN COUNCIL) BY-LAWS - BYLAW 1 Citation VerDate:30/06/1997 These by-laws may be cited as the Basements (Urban Council) By-laws. (10 of 1986 s. 32(2)) BASEMENTS (URBAN COUNCIL) BY-LAWS - BYLAW 2 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 BASEMENTS (URBAN COUNCIL) BY-LAWS - BYLAW 2 Application VerDate:30/06/1997 These by-laws apply to the Urban Council area only. (10 of 1986 s. 32(2)) BASEMENTS (URBAN COUNCIL) BY-LAWS - BYLAW 3 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 BASEMENTS (URBAN COUNCIL) BY-LAWS - BYLAW 3 Interpretation VerDate:30/06/1997 In these by-laws, unless the context otherwise requires- "basement" (地庫) means any cellar, vault, underground room or any room any side of which abuts on or against the earth to an average height exceeding 600 mm above the level of the floor; (L.N. 89 of 1979) "Council" means the Urban Council. "basement" (地庫) "Council" BASEMENTS (URBAN COUNCIL) BY-LAWS - BYLAW 4 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 BASEMENTS (URBAN COUNCIL) BY-LAWS - BYLAW 4 Closure of certain basements VerDate:30/06/1997 (1) Without prejudice to any other powers which the court may exercise, on application being made to the court by or on behalf of the Council for the closing of any basement used for the purpose of human habitation, the court shall order the closure of such basement in any case where- (a) such basement is found by the court to be in such a state as to be a nuisance or injurious or dangerous to health; or (b) such basement having been constructed, reconstructed or converted under the provisions of the Buildings Ordinance (Cap. 123), the occupation or use thereof for the purpose of human habitation is contrary to the purpose for which such basement was constructed, reconstructed or converted, as the case may be. (2) Any closure order made under paragraph (1) shall continue in force until such time as the court is, on application either by the owner or occupier of the basement in respect of which such order was made or by or on behalf of the Council, satisfied that such basement has been rendered fit for human habitation or that it will no longer be used for such purpose. (3) No person shall occupy any basement during the continuance in force of a closure order made in respect thereof under paragraph (1). BASEMENTS (URBAN COUNCIL) BY-LAWS - BYLAW 5 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 BASEMENTS (URBAN COUNCIL) BY-LAWS - BYLAW 5 Offences and penalties VerDate:30/06/1997 Any person who contravenes by-law 4(3) shall be guilty of an offence and shall be liable on summary conviction to a fine at level 2 and to imprisonment for 1 month and shall be liable in addition to a fine of $100 for each day during which it is proved to the satisfaction of the court that the offence has continued. (L.N. 285 of 1987; L.N. 177 of 1996) BASEMENTS (URBAN COUNCIL) BY-LAWS - BYLAW 6 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 BASEMENTS (URBAN COUNCIL) BY-LAWS - BYLAW 6 Name in which proceedings for offences may be brought VerDate:30/06/1997 Without prejudice to the provisions of any other enactment relating to the prosecution of criminal offences and without prejudice to the powers of the Attorney General in relation to the prosecution of such offences, prosecutions for an offence under any of the provisions of these by-laws may be brought in the name of the Council.