### Demolished Buildings (Re-development of Sites) Ordinance 《已拆卸建築物(原址重新發展)條例》

2. Interpretation
(1) In this Ordinance, unless the context otherwise requires—
Building Authority (建築事務監督) includes any person authorized to exercise the powers of the Building Authority under the Buildings Ordinance (Cap. 123);
Director (署長) means the Director of Buildings; (Amended L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993)
final award (最終判給額) means the amount awarded under section 7 or, if the amount is reduced under section 8, the amount as so reduced; (Replaced 76 of 1981 s. 60)
Land Registry (土地註冊處) means the Land Registry established under the Land Registration Ordinance (Cap. 128); (Amended 8 of 1993 s. 2; 20 of 2002 s. 5)
lease (租契) includes an agreement for a lease and a tenancy agreement;
owner (擁有人) does not include a mortgagee;
protected building (受保障建築物) means a building to which Part I of the Landlord and Tenant (Consolidation) Ordinance (Cap. 7) applies or at the relevant date applied, and it also means a building to any part of which that Part applies or so applied;
protected tenant (受保障租客) means a tenant or sub-tenant at the relevant date of a protected building or part thereof but only where and to the extent Part I of the Landlord and Tenant (Consolidation) Ordinance (Cap. 7) applies or at the relevant date applied to the subject matter of his tenancy;
re-development notice (重新發展通知書) means a notice served by the Director under section 3;
re-development order (重新發展令) means an order made by the Director under section 4;
the relevant date (有關日期) in relation to any protected building means—
(a) where an order has been made under section 26 of the Buildings Ordinance (Cap. 123) requiring the demolition of the building, the date of service of the order; or
(b) where a fire or other calamity has occurred in consequence whereof the building has been demolished or certified by the Building Authority as being so dangerous as to require demolition, the date of the fire or calamity.

(2) The duties imposed on and the powers granted to the Director under this Ordinance may be carried out and exercised by any officer of the Buildings Department authorized by the Director either generally or particularly and subject to his instructions. (Amended L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993)

### Demolished Buildings (Re-development of Sites) Ordinance 《已拆卸建築物(原址重新發展)條例》

3. Premises made subject to Ordinance
(1) Where under section 26 of the Buildings Ordinance (Cap. 123) the Building Authority serves an order in respect of a protected building requiring the demolition thereof, or where the Building Authority certifies that, as a result of fire or other calamity occurring after the commencement* of this Ordinance, a protected building has been demolished or has in his opinion been rendered so dangerous as to require demolition, the Director may, within 3 months of the service of the order or the occurrence of the fire or other calamity, serve notice in writing on the owner of the property comprising such building declaring that the property has become subject to the provisions of this Ordinance.
(2) The Director shall cause a copy of such notice to be served on any person appearing from the Land Registry registers to have an interest in such property, and such notice shall be registered in the Land Registry by a memorial thereof signed by the Director. (Amended 8 of 1993 s. 2)

Editorial Note:
* Commencement date: 11 January 1963.

### Demolished Buildings (Re-development of Sites) Ordinance 《已拆卸建築物(原址重新發展)條例》

4. Order for re-development
(1) Where a re-development notice has been served in respect of any property, the Director may, within 3 months of the date of service thereof, by order in writing served on the owner require the re-development of the site of the property, within such time as he may prescribe, by the replacement of the building thereon or formerly thereon with a new, sound and substantial building, completed fit for occupation, conforming to the covenants, conditions and stipulations of the Government lease, and, subject to the provisions of the Buildings Ordinance (Cap. 123), of no less gross floor area than the building replaced. The owner may, within 21 days of the date of service of such order or such extended time as the Lands Tribunal may allow, appeal to the Lands Tribunal against such order. (Amended 62 of 1974 s. 16; 73 of 1984 s. 2)
(2) Any order served under subsection (1) shall within one month of such service be registered in the Land Registry by a memorial thereof signed by the Director, and a copy of such order shall be served also on any person appearing from the Land Registry registers to have any interest in such property. (Amended 8 of 1993 s. 2)
(3) Upon the expiry of the time limited for appeal against an order made under subsection (1), or, in the event of an appeal, where such order is confirmed or another order is substituted therefor, the requirements made in such order or substituted order shall be deemed to be covenants, conditions or stipulations in the Government lease of the property to which the order relates, and thereafter failure to comply with any such requirement shall entitle the Government to re-enter upon the property under and in accordance with the provisions of the Government Rights (Re-entry and Vesting Remedies) Ordinance (Cap. 126).
(Amended 29 of 1998 s. 65)

5. Extinguishment of rights of protected tenants and compensation therefor
Where a re-development notice has been served in respect of any property—
(a) Part I of the Landlord and Tenant (Consolidation) Ordinance (Cap. 7) shall cease to apply to any part of any building comprised in the property, and the protected tenants shall cease to have any rights of occupation or possession in any such building; and
(b) every protected tenant shall be entitled to compensation in accordance with the provisions of this Ordinance from the person who was the owner of such property immediately before such notice was served.

### Demolished Buildings (Re-development of Sites) Ordinance 《已拆卸建築物(原址重新發展)條例》

6. Assessment of incremental value
(1) Where a re-development notice has been served in respect of any property, the Director of Lands or any officer authorized by him shall assess the incremental value thereof, which shall be the amount by which the market value of the property with vacant possession after the service of such notice exceeds what was the market value of the property in occupation prior to the service by the Building Authority of the order for demolition or prior to the fire or other calamity occasioning the issue under section 3 of the certificate of the Building Authority, as the case may be.
(2) The Director of Lands or any officer authorized by him shall give notice of such assessment to the owner of the property and to any person appearing from the Land Registry registers to have a mortgage on the property, and in addition he shall communicate it to any other person, not being a tenant, who makes application in writing to him and who he considers has good grounds for requiring such information. (Amended 8 of 1993 s. 2)
(3) The owner or any mortgagee so notified may, within 14 days of such notification, appeal to the Lands Tribunal against the assessment. (Amended 62 of 1974 s. 16)
(Amended L.N. 291 of 1993)