On 18/06/2013,
you requested for the version in force on 18/06/2013
incorporating all amendments published on or before 18/06/2013.
The closest version currently available is that of 20/06/2008.
65C.
—(1) Where a precinct has been declared under section 65B, the Board shall —
(a)
make arrangements to conduct in the manner prescribed a poll (in combination with another poll or otherwise) of prescribed owners of the flats within the precinct with a view to establishing their opinions about any proposal to carry out any of the following:
(i)
general upgrading works within the precinct together with specified upgrading works (if any) in any building within the precinct;
(ii)
special upgrading works within a building, or in relation to more than one building, in the precinct;
(iii)
flat upgrading works within any building in the precinct; and
(b)
do such other things as the Minister may direct.
(1A) A poll conducted in connection with any proposal to carry out special upgrading works within a building, or in relation to more than one building, in a precinct shall be a poll of the prescribed owners of prescribed flats within the building or buildings, as the case may be, being flats the occupants of which directly benefit from the special upgrading works.
(1B) A poll conducted in connection with any proposal to carry out any flat upgrading works within any building in a precinct shall be a poll of the prescribed owners of prescribed flats within the building.
(2) The Board may, with the approval of the Minister, carry out general upgrading works within a precinct if it appears from a poll conducted under subsection (1)(a) of the prescribed owners of flats within the precinct that 75% or more of the total value in votes of all prescribed owners of all flats within the precinct have been cast in favour of the proposal to carry out those upgrading works.
[16/95]
(3) Where the Minister has approved the carrying out of general upgrading works in a precinct under subsection (2), and —
(a)
in the case of a building comprising wholly of residential flats — it appears from a poll conducted under subsection (1)(a) of the prescribed owners of flats comprised in the building that 75% or more of the total value in votes of all prescribed owners of all flats in the building have been cast in favour of any proposal to carry out any specified upgrading works in the building; or
(b)
in the case of a building comprising residential and non-residential flats —
(i)
it appears from a poll conducted under subsection (1)(a) of the prescribed owners of residential flats comprised in the building that 75% or more of the total value in votes of all prescribed owners of all such residential flats have been cast in favour of any proposal to carry out any specified upgrading works in the part of the building comprising residential flats; and
(ii)
it appears from another poll conducted under subsection (1)(a) of the prescribed owners of non-residential flats comprised in the same building that 75% or more of the total value in votes of all prescribed owners of all such non-residential flats have been cast in favour of any proposal to carry out any specified upgrading works in the part of the building comprising non-residential flats,
the Board may, with the further approval of the Minister, carry out those specified upgrading works in the building within the precinct.
[16/95]
(4) Notwithstanding subsection (3), where it appears from the polls referred to in subsection (3)(b) that the minimum percentage of value in votes have been cast in favour of the proposal to carry out any specified upgrading works in a building by the prescribed owners of residential flats in the building but not by the prescribed owners of non-residential flats comprised in that building, the Board may, with the approvals of the Minister referred to in subsection (3), carry out the specified upgrading works in the part of the building comprising residential flats.
[16/95]
(5) The poll referred to in subsection (3)(b)(ii) shall be conducted in relation to a building if it appears from the poll referred to in subsection (3)(b)(i) that 75% or more of the total value in votes of all prescribed owners of all residential flats in the building have been cast in favour of the proposal to carry out specified upgrading works in the part of the building comprising residential flats, but not otherwise.
[16/95]
(5A) The Board may, with the approval of the Minister, carry out special upgrading works within a building, or in relation to more than one building, within a precinct if, and only if —
(a)
it appears from a poll of the owners referred to in subsection (1A) that 75% or more of the total value in votes of such owners within the building or buildings, as the case may be, have been cast in favour of the proposal to carry out special upgrading works within that building or in relation to those buildings; and
(b)
where the proposal is for the special upgrading works to be carried out within or in relation to any building in the precinct together with any general upgrading works within the precinct, it also appears from a poll of prescribed owners referred to in subsection (2) that 75% or more of the total value in votes of all such owners of all flats within the precinct have been cast in favour of the proposal to carry out the general upgrading works in the precinct.
(5B) The Board may, with the approval of the Minister, carry out any flat upgrading works within any building or buildings within a precinct if, and only if, it appears from a poll of the owners referred to in subsection (1B) that 75% or more of the total value in votes of such owners of flats within each such building have been cast in favour of the proposal to carry out the flat upgrading works within that building.
(6) No poll shall be invalid by reason of any failure to comply with any provision of this Part or any rules made thereunder relating to the conduct of a poll if it appears that the poll was conducted in accordance with the principles laid down in that provision, and that the failure did not affect the result of the poll.
[16/95]
(7) In this section, “owner” includes the Board in respect of any flat which the Board has not sold the leasehold interest therein.
[16/95]
(8) Any poll conducted by the Board before 1st April 1992 in any housing estate of the Board or any part thereof with a view to establishing the opinions of owners of the flats within the housing estate about proposals to carry out general upgrading works or specified upgrading works shall be deemed to be a poll conducted in accordance with this section.
[19/92]