Section 2: Interpretation

In this Ordinance, unless the context otherwise requires-
“accountant” (會計師) means a certified public accountant (practising) within the meaning of the Professional Accountants Ordinance (Cap 50); (Added 27 of 1993 s. 4. Amended 23 of 2004 s. 56)
“administrator” (管理人) means a person appointed as an administrator under section 30 or 31;
“Authority” (主管當局) means the Secretary for Home Affairs; (Added 27 of 1993 s. 4)
“authorized officer” (獲受權人員) means any public officer authorized in writing by the Authority in that behalf; (Added 27 of 1993 s. 4)
“building” (建築物) means-
(a) any building which contains any number of flats comprising 2 or more levels, including basements or underground parking areas;
(b) any land upon which that building is erected; and
(c) any other land (if any) which-
(i) is in common ownership with that building or land; or
(ii) in relation to the appointment of a management committee under section 3, 3A, 4 or 40C or any application in respect thereof, is owned or held by any person for the common use, enjoyment and benefit (whether exclusively or otherwise) of the owners and occupiers of the flats in that building; (Replaced 27 of 1993 s. 4. Amended 5 of 2007 s. 3)
“Code of Practice” (工作守則) means any Code of Practice prepared, revised or issued from time to time by the Authority under section 44; (Added 27 of 1993 s. 4. Amended 69 of 2000 s. 2)
“common parts” (公用部分) means-
(a) the whole of a building, except such parts as have been specified or designated in an instrument registered in the Land Registry as being for the exclusive use, occupation or enjoyment of an owner; and (Amended 8 of 1993 s. 2)
(b) unless so specified or designated, those parts specified in Schedule 1; (Amended 5 of 2007 s. 40) “convenor” (召集人)-
(a) in relation to a meeting of owners convened under section 3, means the person referred to in section
3(1)(a) or (b) or the owner appointed under section 3(1)(c);
(b) in relation to a meeting of owners convened under section 3A, means the owner directed under section 3A(1);
(c) in relation to a meeting of owners convened under section 4, means the owner directed under section4(1); or
(d) in relation to a meeting of owners convened under section 40C, means the owner named in the order made under section 40C(1); (Added 5 of 2007 s. 3)
“corporation” (法團) means a corporation registered under section 8;
“deed of mutual covenant” (公契) means a document which-
(a) defines the rights, interests and obligations of owners among themselves; and
(b) is registered in the Land Registry; (Amended 8 of 1993 s. 2)
“estate” (屋邨) means the buildings or groups of buildings the subject of an application under section 34E(6); (Added 27 of 1993 s. 4)
“exempt estate” (獲轄免屋邨) means-
(a) any estate specified in Schedule 9; (Amended 5 of 2007 s. 40)
(b) any estate added to that Schedule under section 34E(6); (Added 27 of 1993 s. 4)
“flat” (單位) means any premises in a building which are referred to in a deed of mutual covenant whether described therein as a flat or by any other name and whether used as a dwelling, shop, factory, office or for any other purpose, of which the owner, as between himself and owners or occupiers of other parts of the same building, is entitled to the exclusive possession;
“Land Registrar” (土地註冊處處長) includes, in relation to buildings on land in the New Territories, the Authority, save that only the Land Registrar may specify forms; (Replaced 20 of 2002 s. 5)
“Land Registry” (土地註冊處) means the Land Registry established under the Land Registration Ordinance (Cap 128); (Replaced 20 of 2002 s. 5)
“management committee” (管理委員會) means a management committee appointed under section 3, 3A, 4 or 40C; (Amended 27 of 1993 s. 4; 5 of 2007 s. 3)
“member” (委員), in relation to a management committee, means a person appointed as a member of the management committee under section 14(2) or paragraph 2(1)(b), 5(2)(a), 6 or 6A of Schedule 2; (Added 5 of 2007 s. 3)
“occupier” (佔用人) means a tenant, sub-tenant or other person in lawful occupation of a flat, but does not include an owner of that flat; (Added 27 of 1993 s. 4)
“owner” (業主) means-
(a) a person who for the time being appears from the records at the Land Registry to be the owner of an undivided share in land on which there is a building; and (Amended 8 of 1993 s. 2)
(b) a registered mortgagee in possession of such share;
“register” (登記冊) means the register of corporations maintained under section 12;
“registered mortgagee” (已登記承按人) means-
(a) a person to whom an owner’s interest in a building has been mortgaged or charged under a mortgage or charge which has been registered in the Land Registry; and (Amended 8 of 1993 s. 2)
(b) a person in whose favour a charge upon a flat has been created by virtue of any Ordinance;
“share” (份數) means the share of an owner in a building determined in accordance with section 39;
“tenants’ representative” (租客代表) means the tenants’ representative appointed under section 15(1); (Added 27 of 1993 s. 4)
“tribunal” (審裁處) means the Lands Tribunal established under section 3 of the Lands Tribunal Ordinance (Cap 17). (Added 27 of 1993 s. 4)

(Amended 27 of 1993 s. 4)

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