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Contents

Long Title

Part I PRELIMINARY

Part II ESTABLISHMENT, INCORPORATION AND CONSTITUTION OF TOWN COUNCILS

Part III GENERAL PROVISIONS AS TO MEMBERS OF TOWN COUNCIL

Part IV FUNCTIONS AND POWERS OF TOWN COUNCIL

Part IVA LIFT UPGRADING WORKS

Part V PROCEEDINGS OF TOWN COUNCIL

Part VI FINANCIAL PROVISIONS

Part VII MISCELLANEOUS PROVISIONS

THE SCHEDULE

Legislative History

Comparative Table

 
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On 20/04/2014, you requested the version in force on 20/04/2014 incorporating all amendments published on or before 20/04/2014. The closest version currently available is that of 15/08/2005.
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PART VII
MISCELLANEOUS PROVISIONS
Recovery of conservancy and service charges from sale of flat
44.
—(1)  Where any conservancy and service charges levied in respect of any flat by a Town Council under section 39 remain unpaid on the expiry of the period of 90 days after the Town Council has served on the owner of the flat a written demand for such charges under section 39(6), the charges, together with any interest accrued thereon shall constitute a charge on the flat on the expiry of that period in favour of the Town Council.
(2)  Upon the constitution of the charge on a flat under subsection (1), the Town Council shall have the power of sale and all other powers relating or incidental thereto to sell and effectually transfer the title to the flat to any purchaser as if the Town Council is a registered mortgagee notwithstanding that the charge is not registered under the Land Titles Act (Cap. 157).
(3)  Any charge on a flat constituted under subsection (1) shall be subject to —
(a)
all encumbrances registered or notified under the Land Titles Act (Cap. 157) in respect of that flat before the date of the constitution of the charge;
(b)
all moneys due under the lease of the flat to the Board (on its own account or on account of the Central Provident Fund Board), whether before, on or after the date of the constitution of the charge; and
(c)
all moneys due to the Central Provident Fund Board under the charge constituted under section 21 or 21B of the Central Provident Fund Act (Cap. 36), whether before, on or after the date of the constitution of the charge.
(4)  Subject to subsection (5), a Town Council may, with the prior written approval of the Board, by notice of sale to be served or published in the prescribed manner, declare its intention of selling, on the expiry of the period of 90 days from the date of the notice of sale, any flat which is subject to a charge constituted under subsection (1), and if, on the expiry of that period, any conservancy and service charges (including any interest thereon) or any part thereof have not been paid or satisfied, the Town Council may sell that flat.
(5)  A Town Council shall not proceed under subsection (4) to sell any flat in respect of which any conservancy and service charges or any part thereof are due if there is or are upon the flat and liable to be seized and sold by the Town Council by writ of seizure and sale movable property belonging to the owner of the flat of a value estimated by the Town Council to be sufficient to realise the sum required to satisfy such unpaid charges and costs.
(6)  Where a Town Council has sold any flat under subsection (4), neither the purchaser of the flat nor the Registrar of Titles appointed under the Land Titles Act (Cap. 157) shall be concerned to inquire into the regularity or validity of the sale or transfer.
(7)  For the purpose of registration of a transfer of any flat sold under subsection (4), the Registrar of Titles may dispense with the production of the duplicate lease of the flat or the duplicate subsidiary certificate of title in respect of the flat, as the case may be.
(8)  The moneys received by a Town Council in exercise of its power of sale under subsection (4), after discharging all prior encumbrances, shall be held by it in trust to be applied —
(a)
firstly, in payment of all costs and expenses properly and reasonably incurred by the Town Council as incidental to the sale or any attempted sale, or otherwise;
(b)
secondly, in payment to the Central Provident Fund Board of all moneys secured by its charge constituted under section 21 or 21B of the Central Provident Fund Act (Cap. 36) and are referred to in subsection (3);
(c)
thirdly, in payment to the Board of such moneys due under the lease of the flat to the Board as are referred to in subsection (3);
(d)
fourthly, in payment to the Board of all moneys secured by its charge on the flat (if any) under section 65H of the Housing and Development Act (Cap. 129) for unpaid improvement contribution, and in payment to the Town Council of all moneys secured by its charge on the flat (if any), in the order of their priority;
(e)
fifthly, in discharge, equally and without preference, of —
(i)
the conservancy and service charges and interest accrued and due to the Town Council at the date of sale; and
(ii)
any improvement contribution (including any interest and penalty thereon) accrued and due to the Town Council at the date of the sale, whether or not secured by any charge under section 24D;
(f)
sixthly, in discharge of any improvement contribution (including any interest and penalty thereon) accrued and due to the Board at the date of the sale, which is not secured by any charge under section 65D of the Housing and Development Act (Cap. 129);
(g)
seventhly, in payment of subsequent mortgages and charges (if any) in the order of their priority; and
(h)
finally, the residue of such moneys so received shall be paid to the person who appears from the land-register kept under the Land Titles Act (Cap. 157) to be entitled to the flat sold or to be authorised to give receipts for the proceeds of the sale thereof.
(9)  Notwithstanding section 80 of the Land Titles Act, where further conservancy and service charges and interest thereon are due to a Town Council when a charge on a flat constituted under subsection (1) is subsisting, the amount of the charges due (including interest thereon) shall rank in priority to any other claims on the flat as if the charges were due at the date of the constitution of that charge.
[37/96]
(10)  Any charge on a flat constituted under subsection (1) shall —
(a)
continue in force until all the conservancy and service charges (including any interest thereon) secured by the charge have been paid; and
(b)
upon payment of the conservancy and service charges (including any interest thereon) and any necessary incidental expenses to the Town Council before it has exercised its powers of sale under subsection (4), be discharged and the owner of the flat shall be entitled to a certificate of discharge executed and acknowledged by the Town Council as to the receipt of such payment.
(11)  For the purpose of estimating the value of any movable property belonging to the owner of a flat under subsection (5), a Town Council may, by its employees or agents, enter upon the flat to carry out such valuation at any reasonable time after giving notice to any occupier of the flat.
[43
[37/96]
Deduction of arrears of charges from compensation and other moneys payable by Board
45.  Where any conservancy and service charges are due and remain unpaid by the owner or tenant of any flat to a Town Council upon the vesting of the flat in the Board under section 52 or 57 of the Housing and Development Act (Cap. 129) or upon the termination of the tenancy or lease of the flat, the Board may, on a request in writing by the Town Council and notwithstanding section 58 of that Act —
(a)
deduct such charges (including any interest and penalty thereon) remaining unpaid from any compensation, cash deposit and any other moneys in respect of the flat payable by the Board to the owner or tenant of the flat; and
(b)
subject to the law relating to bankruptcy and all statutory charges, encumbrances and moneys due and payable to the Board, pay the amount so deducted to the Town Council as soon as practicable.
[43A
[25/90]
Fines to be paid into Town Council Fund
46.  All fines imposed under this Act or any by-law made by a Town Council, less all reasonable legal costs (whenever incurred) for the prosecution thereof, and all moneys collected by it under section 49 shall be paid into the Town Council Fund.
[43B
[25/90]
Demand for particulars
47.
—(1)  A Town Council or any member or employee of a Town Council or any police officer who reasonably believes that any person has committed an offence under this Act or any by-law or rules made thereunder may require the person to furnish evidence of his identity.
(2)  The person mentioned in subsection (1) shall thereupon furnish such evidence of his identity as may be required by the police officer, the Town Council or its member or employee.
[25/90]
(3)  A Town Council may, subject to such conditions as it thinks fit, delegate to its managing agent or any employee of its managing agent the power under subsection (1).
(4)  Any power so delegated may be exercised by the agent or employee referred to in subsection (3), subject to the production of his authority when requested, in the name and on behalf of the Town Council.
[25/90]
(5)  Any person who refuses to furnish any information required of him by a Town Council, any member or employee of the Town Council, any police officer or any person to whom the power under subsection (1) has been delegated under subsection (3), or who wilfully mis-states such information, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.
[43C
[25/90]
Liability of owners of vehicles for parking offences
48.
—(1)  When a parking offence is committed within a Town, the person who, at the time of the commission of the offence, is the owner of the vehicle in respect of which the offence is committed shall be guilty of an offence under any by-law made by the Town Council in all respects as if he were the actual offender guilty of the parking offence unless the court is satisfied that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used.
[25/90]
(2)  Nothing in this section shall affect the liability of the actual offender except that where a penalty has been imposed on or recovered from a person in relation to any parking offence, no further penalty shall be imposed on or recovered from any other person in relation thereto.
[25/90]
(3)  Notwithstanding subsection (1), no owner of a vehicle shall by virtue of this section be guilty of an offence if he —
(a)
within 7 days after service on him by a Town Council of a notice alleging that he has been guilty of the offence, furnishes by statutory declaration to the Town Council the name and address of the person who was in charge of the vehicle at all relevant times relating to the parking offence;
(b)
satisfies the Town Council that he did not know and could not with reasonable diligence have ascertained such name and address; or
(c)
satisfies the court that he did not know and could not with reasonable diligence have ascertained such name and address.
[25/90]
(4)  A statutory declaration made under subsection (3)(a), if produced in any proceedings against the person named therein and in respect of any parking offence, shall be prima facie evidence that the person was in charge of the vehicle at all relevant times relating to the parking offence.
[25/90]
(5)  A statutory declaration which relates to more than one parking offence shall not be regarded as a statutory declaration under, or for the purposes of, subsection (3)(a).
[25/90]
(6)  In this section —
“owner”, in relation to a vehicle, includes —
(a)
any person who has the use of the vehicle under a hire-purchase agreement but excludes the owner under any such agreement;
(b)
the person in whose name the vehicle is registered except where the person has sold or otherwise disposed of the vehicle and has complied with the rules made under the Road Traffic Act (Cap. 276) applicable to him in regard to such sale or disposal; and
(c)
in the case of a vehicle in respect of which a general licence is issued under section 28 of the Road Traffic Act, the person to whom the general licence is issued;
“parking offence” means an offence of parking a vehicle or of causing or permitting a vehicle to stand, wait or be parked in contravention of any by-law made by a Town Council.
[43D
[25/90]
Composition of offences
49.  A Town Council may, in its discretion, compound any offence under this Act or any by-law made by it which is prescribed as a compoundable offence by collecting from the person reasonably suspected of having committed the offence a sum not exceeding $1,000.
[43E
[25/90; 37/96]
Minister may appoint any person to exercise or perform certain powers, etc.
50.
—(1)  Where the Minister is satisfied —
(a)
that a Town Council has failed to keep or maintain any part of the common property of any residential or commercial property in the housing estates of the Board within the Town in a state of good and serviceable repair or in a proper and clean condition; or
(b)
that any duty of a Town Council must be carried out urgently in order to remove any imminent danger to the health or safety of residents of the housing estates of the Board within the Town,
the Minister may —
(i)
in relation to paragraph (a), by order published in the Gazette, appoint any person to perform such powers, duties and functions of the Town Council and for such period as may be specified in the order; and
(ii)
in relation to paragraph (b), appoint any person to carry out any duty of the Town Council so as to remove the danger.
(2)  The Minister shall not make an order under subsection (1)(i) unless he has given not less than 7 days’ notice in writing to the chairman of his intention to appoint a person to exercise all or such of the powers, duties and functions of the Town Council as may be specified by the Minister in the notice.
(3)  The chairman may make representations to the Minister within 7 days after the date of the service of the notice.
(4)  Where the Minister has made an order under subsection (1)(i), no person other than the person appointed by the Minister may, while he holds office as such, exercise or perform any power, authority, duty or function which the person is authorised to exercise or perform by that order and any such power, function or duty may be exercised or performed by that person in the name and on behalf of the Town Council.
(5)  The costs and expenses incurred by any person appointed by the Minister under this section shall be paid out of the Town Council Fund by way of a levy under section 39.
(6)  Any person appointed under subsection (1) shall be entitled to the payment by the Town Council of such fee as the Minister may determine for performing any service under this section.
(7)  If there is for any reason no legally constituted Town Council for a Town, the Minister may by order published in the Gazette authorise any person to act in place of the Town Council for that Town pending the appointment of members of the Town Council under section 8.
(8)  Any order made under subsection (7) may contain such incidental, consequential or supplementary provisions as may appear to the Minister to be necessary or proper.
[44
Legal proceedings
51.  Any charges, fees or expenses or any penalties for late payment of such charges or fees payable to a Town Council under this Act —
(a)
may be recovered by the Town Council by an action for a debt in any court of competent authority; and
(b)
shall for the purposes of the Small Claims Tribunals Act (Cap. 308) be deemed to be moneys payable under a contract for the provision of services and the Town Council may lodge a claim for the payment of the charges, fees or expenses or any penalties for late payment of such charges or fees with a Small Claims Tribunal in accordance with the provisions of that Act.
[45
[37/96]
Protection from personal liability
52.  No suit or other legal proceedings shall lie personally against any member, officer or employee of a Town Council or other person acting under the direction of a Town Council for anything which is in good faith done or intended to be done in the execution or purported execution of this Act or any other Act.
[46
Board’s obligations under existing leases of flats
53.
—(1)  On the expiry of the period of 180 days, or such shorter period as the Minister may determine, after the establishment of a Town Council for the Town and so long as a Town Council is established for the Town, the Board as the lessor of the flats in the residential and commercial property and of the stalls in the market and food centres within the Town shall, notwithstanding the Housing and Development Act (Cap. 129) and the terms, covenants and conditions in the leases of those flats or stalls to the contrary, cease to be liable for the maintenance and management of the common property of the residential and commercial property in the housing estates in which those flats or stalls are situated, including the provision of cleaning services and the maintenance of mechanical equipment and installations in the Town, and thereupon the Town Council shall be liable for the maintenance and management of that common property.
(2)  Upon the establishment of a Town Council for the Town and so long as a Town Council is established for the Town, except as otherwise provided in this Act, the terms, covenants and conditions in the leases of the flats and stalls referred to in subsection (1) shall continue in force.
(3)  The Board as the lessor of the flats or stalls within the Town referred to in subsection (1) shall be entitled to enforce the performance of the terms, covenants and conditions in the leases as if this Act had not been enacted.
[47
Board’s liability for repairs, etc.
54.  The Board shall not be liable in respect of any action, claim or proceedings arising out of any —
(a)
repairs, maintenance, improvements or other works carried out by a Town Council or its agents to the common property of the residential and commercial property in the housing estates within the Town; or
(b)
charges paid to a Town Council by any person under this Act to meet the costs of such repairs, maintenance, improvements or other works.
[48
Dissolution of Town Council
55.
—(1)  Where at any time any elected member of the Town Council for any Town declared under section 3(1)(b) has requested for his constituency to be declared to be part of another Town or to be a Town by itself or where there is for any reason no legally constituted Town Council for a Town, the Minister may, if he considers it necessary, by order published in the Gazette dissolve the Town Council.
(2)  Notwithstanding section 53, where a Town Council is dissolved under subsection (1), the Board shall, upon the dissolution of that Town Council and pending the establishment of another Town Council for the Town, be responsible and liable, as the owner of the housing estates within the Town, for the maintenance and management of such housing estates and shall be entitled to enforce the performance of the terms, covenants and conditions in the leases relating to such housing estates as if this Act had not been enacted.
(3)  The Minister may, in any order made under subsection (1), make such incidental, consequential or supplementary provisions relating to the dissolution of the Town Council as may be necessary or expedient, including provisions for or with respect to the following matters:
(a)
the sale or disposition of any property of the Town Council;
(b)
the discharge of the liabilities of the Town Council;
(c)
the distribution of the assets of the Town Council;
(d)
the appointment and powers of any person to carry out the winding up of the affairs of the Town Council; and
(e)
any matter in respect of which it is, in the opinion of the Minister, just and equitable in the circumstances of the case to make provision in the order.
[49
Public servants for purposes of Penal Code
56.  All members, officers and employees of a Town Council and all employees of its managing agent shall be deemed to be public servants for the purposes of the Penal Code (Cap. 224).
[50
[25/90]
Rules
57.  The Minister may make such rules as he considers necessary or expedient for giving full effect to the provisions of this Act and for the due administration thereof and to prescribe matters necessary or convenient to be prescribed for carrying out or giving effect to this Act.
[51
Savings
58.
—(1)  Nothing in this Act shall be construed to affect any obligation or liability accrued or incurred under a lease for a flat in any residential or commercial property or for a stall in any market or food centre of the Board within a Town at any time prior to the establishment of the Town Council.
(2)  Any cause of action which has arisen between any such owner or tenant and the Board prior to the establishment of the Town Council may be continued and enforced as if this Act had not been enacted.
(3)  Nothing in this Act shall affect any rights or remedies that the Board or an owner or tenant of a flat in any residential or commercial property may have in relation to the flat or the common property, or any function of the Board, apart from this Act.
[52