Hong Kong Regulations

DISTRICT COURT CIVIL PROCEDURE (GENERAL) RULES - RULE 58

Landlord and Tenant (Consolidation) Ordinance; building plans, etc.

Caution: This is a past version. See the current version here.

(1) Where, in any proceedings before the Court, the question whether or not
any building is an entirely new building within the meaning of Part I of the
Landlord and Tenant (Consolidation) Ordinance ( Cap 7) is in issue the Court
may, for determining the issue, admit in evidence, and have regard to, any
official records.

(2) The Court may draw inferences from such records and the circumstances in
which they were made or deposited, and, in particular, may infer that any
building to which such records relate was duly constructed in accordance
therewith.

(3) For the purpose of this rule-

   (a)  the expression "official records" (官方紀錄) includes any plan,
        drawing, sketch, specification, bill of quantities, file, writing or
        other record maintained by, deposited with, or in the custody of, or
        appearing to be maintained by, deposited with, or in the custody of,
        the Building Authority or any Government department or public officer;

   (b)  "Building Authority" (建築事務監督) means the Building Authority
        under the Buildings Ordinance ( Cap 123). "official records"
        (官方紀錄) "Building Authority" (建築事務監督)