2. The Town Council of Cheng San (Common Property and Open Spaces) By-laws (By 37) (referred to in these By-laws as the principal By-laws) are amended by inserting, immediately after by-law 4, the following by-law:| “Dangerously positioned objects |
4A.—(1) No person shall place any pot, plant, ornament, article, object or substance on any window-sill, corridor or other part of the common property within the Town in such manner which, in the opinion of the Town Council, is likely to endanger the life or cause injury to any person or cause damage to any common property within the Town or the property of any other person.| (2) The Town Council may, by notice in writing, direct any owner or occupier of a flat within the Town to remove, within 7 days of the date of such notice, any pot, plant, ornament, article, object or substance placed on any window-sill, corridor or other part of the common property outside the flat in contravention of paragraph (1). |
| (3) Where the owner or occupier of a flat fails to comply with the notice of the Town Council under paragraph (2), the Town Council may remove and detain the pot, plant, ornament, article, object or substance, as the case may be, and the amount of the expenses incurred by the Town Council in such removal and detention shall be recoverable from that owner or occupier. |
| (4) Where, in the opinion of the Town Council, any pot, plant, ornament, article, object or substance placed on any window-sill, corridor or other part of the common property within the Town in contravention of paragraph (1) is an imminent danger to life or person, the Town Council may remove or remove and detain such pot, plant, ornament, article, object or substance without any notice under paragraph (2). |
| (5) The Town Council shall immediately give written notice to the owner or occupier of the flat or other person having lawful possession of the pot, plant, ornament, article, object or substance removed and detained by the Town Council under paragraph (3) or (4) that he may, on payment of the expenses incurred by the Town Council in such removal and detention, claim possession from the Town Council within 30 days of such removal and detention. |
(6) If the pot, plant, ornament, article, object or substance removed and detained by the Town Council under paragraph (3) or (4) is not claimed within 30 days of such removal and detention by the owner or occupier of the flat or other person who had lawful possession thereof when it was removed and detained, the Town Council may —| (a) | dispose of such pot, plant, ornament, article, object or substance by public auction or otherwise; and | | (b) | apply the proceeds of the sale to the expenses incurred by the Town Council in the removal and detention, and the surplus, if any, shall be paid to such owner, occupier or other person.”. |
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