CO129-554-9 Buildings Ordinance 1935 15-4-1935 - 15-4-1935_Part_002





Matshed regulations. 1. In these regulations, GENERAL. includes structures of wood, Inter- mats, palm leaves, thatch or other inflammable material. pretation. 2. No matshed shall be erected or maintained within fifty yards Proximity to of any other building unless with the permission in writing of the buildings. Building Authority. 3. Every application for permission to erect a matshed shall Application. specify the proposed dimensions of the matshed, the period of time for which such matshed is required and, if it is intended for habita- tion by more than two persons, the maximum number of persons it is intended to accommodate at night; and no matshed shall be used for habitation by more than two persons unless the permission to erect such matshed expressly states that it may be so used. 4. No part of the structure of any matshed shall be within ten Proximity to feet of any telegraph or telephone wire or electric cable. telegraph and telephone wires. 5. The permit-holder shall be responsible for any act or Contraven- omission by which any of these regulations is contravened and shall tions. indemnify the Government and the Building Authority from all and every claim that may be brought against the Government, or the Building Authority, in respect of sanctioning the erection of the mat- sheds referred to in such permit. 6. Any contravention of these regulations and any breach of the Penalty. conditions of a permit will entitle the Building Authority to cancel and withdraw the permit without notice, and will render the person responsible for any such contravention or breach liable upon summary conviction to a penalty not exceeding one hundred dollars. 7. Every matshed shall, at all times, be kept in a cleanly con- Sanitary dition, and all garbage and other refuse matters shall be removed maintenance. therefrom at least once every twenty-four hours and be properly dis- posed of to the satisfaction of the Sanitary Board. 8. On the expiry of the permit the permit-holder shall remove Removal. such, matshed without delay and shall clear the site to the satisfaction of the Building Authority. SPECIAL REGULATIONS FOR MATSHEDS USED OR INTENDED TO BE USED FOR HABITATION. 9. The following regulations apply only to matsheds used or in- Application tended to be used for habitation by more than two persons. of Regula. tions. 10-19. 10. The site of every such matshed shall be levelled, and the Freparation site, including the ground surface for a distance of not less than three of site. feet from the outer walls of such matshed, shall be covered with a layer of good lime or cement-concrete at least six inches thick and finished off smooth to the satisfaction of the Building Authority and provided with channels graded to discharge where required by the Building Authority. Provided that in all cases in which the floor of the matshed averages at least two and a half feet above the ground and the space below such floor is not inclosed, or in which the matshed is erected over water, the foregoing requirements may with the permission of the Building Authority be dispensed with. 11. No such matshed may be erected in such a manner that Distance any part of any external wall of such matshed is at a less distance than from hill- eight feet horizontally from any cutting. to be affixed. Kitchens. Latrines. Drainage. Over crowding. Sleeping accom. modation. Exemption. Protection of planta. tions. 12. A board shall be exposed on the outside of every such mat- shed containing the following information:- (a) Name of permit-holder. (b) Number of permit. (c) Date of issue of permit. (d) Duration of permit. (e) Maximum number of persons it is intended to accom- 13. The ground surface of every kitchen used in connexion with any such matshed shall be covered with good lime or cement-concrete at least six inches thick and finished off smooth to the satisfaction of the Building Authority. 14. Adequate latrine accommodation shall be provided for the occupants of every such matshed and the ground surface of every such latrine shall be covered with good lime or cement-concrete at least six inches thick and finished off smooth and graded and channelled to the satisfaction of the Building Authority. Every receptacle in a pail latrine shall be fly proof. 15. Adequate arrangements, to the satisfaction of the Building Authority, shall be made for the drainage of every such matshed, and also of every such kitchen and latrine, as well as of the ground im mediately surrounding them. Adequate provision shall also be made for conducting all suliage-waters into a public sewer, if available, failing which, they shall be disposed of as the Building Authority may direct. 16. Each occupant of any such matshed shall be provided with at least thirty square feet of unobstructed floor area and three hun- dred and thirty cubic feet of clear and unobstructed, internal air space. 17. Every such matshed upon a site that is concreted shall be provided with suitable beds or bunks for the use of the occupants, and such beds or bunks shall be at least two feet above the floor of such matshed. 18. In all cases in which any such matshed is intended to be used for occupation for a period not exceeding three months, and is occupied by not more than twenty persons, the Building Authority may, in his discretion, exempt such matshed from compliance with any or all of the foregoing provisions: Provided always that such exemption shall not be deemed to protect the permit-holder from legal action in the event of a nuisance arising from the erection of such matshed. 19. The Building Authority may require the applicant for per- mission to erect any matshed intended for the housing of more than two persons to sign an undertaking in the following form, and to make a deposit in the Treasury of a sum to be fixed by the Building Authority, not exceeding five hundred dollars for each matshed, as security for the performance of such undertaking. UNDERTAKING TO PROTECT TREES, &c., NEAR MATSHED. In consideration of the issue to the undersigned of a permit to erect housing of [workmen] .matshed...... at.... hereby undertake to make good any loss or destruction of or damage to any trees, shrubs or under growth or other Government property on unleased Crown land within a distance of five hundred yards from any part of any matshed erect- ed under such permit, occurring while such matshed stands, unless can prove to the satisfaction of the Building Authority that such loss, destruction or damage has not occurred through the act, neglect or default of any person employed by or any person making use of any such matshed; hereby agree that the amount of any such loss, destruction or damage for which ... may be liable under this document, as assessed by the Superintendent of the Botanical and Forestry Department, may be deducted from the aut.... of $..... which have deposited with the Treasurer as security for that purpose. As witness 19...... Witness. hand this.......... SCHEDULE M. [ss. 123 & 166.j EARTH CUTTING, &C. REGULATIONS. Regulations as to obtaining stone, earth, sand, clay or turf from Crown land. 1. No person shall cut or remove earth, sand, clay, or turf, or collect. extract, split, blast or remove stones from any land not under lease from the Crown, without having previously obtained a written permit from the Director of Public Works, and such permit must be kept by the head workman on the ground and shall be pro- duced whenever required by the Director of Public Works or any officer deputed by him, or by the police, and shall have stated in it the period for which it will be available. 2. The place where stone, earth, sand, clay or turf is to be obtained shall, where practicable, be stated in the permit. 3. As each case may require special precautions, the permit- holder must obey any special instructions of the Director of Public Works indorsed on the permit. 4. Permits for the obtaining of stone will be limited to the collection of loose boulders. 5. Any perimit may be limited to the collection of a stated quantity, 6. No stone shall be rolled on to, or left deposited upon, any public road or allowed to roll over any hill-slope to the danger of life or property or to the detriment of trees. 7. All escarpments caused by the cutting on unleased Crown land must be sloped uniformly and properly turfed upon completion of the excavation. 8. Any infringement of these regulations will entitle the Director of Public Works to cancel and withdraw the permit without notice, and will render the person to whom the permit was granted liable upon summary conviction to a penalty not exceeding one hundred dollars. 9. The Director of Public Works shall have power at any time to cancel and withdraw a permit, without giving any notice or assign- ing any cause for such withdrawal. 10. The permit-holder is to provide a competent foreman, who is to remain on the ground during the whole of the time the men are obtaining the material, for the purpose of ensuring that the work is carried out without undermining or prejudically affecting or endangering the stability of any bank or of any land or property adjoining, and to prevent the rolling of stones over any hill-slope to the danger of life or property or to the detriment of trees, and to see that all regulations and conditions attached to the permit are properly complied with, 11. The charges to be made in respect to each and every permit granted by the Director of Public Works under these Regulations shall be determined by him in each case 12. As regards the New Territories, except New Kowloon, these Regulations shall be read and construed as if the words District Officer appeared instead of the words "Director of Public Works." Note:-Any contravention of the Buildings Ordinance, 1935, as regards the above matters renders not only the labourer doing the work, but the permit-holder, contractor, or foreman under whom such labourer is working, liable to the penalty provided by such Ordinance. SCHEDULE N. [ss. 127 & 166.] Notice to abate a building nuisance. OFFICE OF THE BUILDING AUTHORITY, HONG KONG, 19...... To A.B., It has been brought to my attention that a nuisance exists your situated which contravenes section of the Buildings Ordinance, 1935. I have therefore to give you notice under the said Ordinance to abate the nuisance within a period expiring on (Signed) Building Authority.

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