—(1) Where any housing estate of the Board or any part thereof within a Town has been declared a precinct under section 24B, the Town Council for that Town shall, as soon as practicable —
make arrangements to conduct in the manner prescribed a poll of such owners of the flats within the precinct as may be prescribed with a view to establishing their opinions about the Town Council’s proposals to carry out lift upgrading works in buildings within the precinct; and
do such other things as the Minister may direct.
(2) A poll in connection with any Town Council’s proposal to carry out lift upgrading works in any building within a precinct within its Town —
shall not be conducted except with the prior written approval of the Board; and
shall be a poll of such owners of such flats within the building as may be prescribed, being flats the occupants of which directly benefit from the lift upgrading works.
(3) A Town Council may carry out lift upgrading works in any building within a precinct within its Town if, and only if —
it appears from a poll of the prescribed owners of flats referred to in subsection (2)(b) that the total voting value of votes in favour of the Town Council’s proposal to carry out lift upgrading works in the building is at least 75% of the total voting value of votes of all such owners; and
the Minister approves the carrying out of such lift upgrading works.
(4) 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.
(5) In this section, “owner” includes the Board in respect of any flat which the Board has not sold the leasehold interest therein.
[23/2005 wef 15/08/2005]