Town Council of Hong Kah (Common Property and Open Spaces) (Amendment) By-laws 2000

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Published in Subsidiary Legislation Supplement
on 28 Jul 2000

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No. S 342

Town Councils Act

(Chapter 329A)

Town Council of Hong Kah
(Common Property and Open Spaces)
(Amendment) By-laws 2000

In exercise of the powers conferred by section 24(1) of the Town Councils Act, the Town Council for the Town of Hong Kah hereby makes the following By-laws:

Citation and commencement

1. These By-laws may be cited as the Town Council of Hong Kah (Common Property and Open Spaces) (Amendment) By-laws 2000 and shall come into operation on 28th July 2000.

Deletion and substitution of by-law 8

2. By-law 8 of the Town Council of Hong Kah (Common Property and Open Spaces) By-laws (By 36) (referred to in these By-laws as the principal By-laws) is deleted and the following by-law substituted therefor:

“Power to remove and detain vehicles

8.—(1) Where a vehicle is parked on any common property or in any open space in contravention of any by-law, or appears to have been abandoned on any common property or in any open space, the secretary may, in his discretion and by himself or an officer authorised by the Town Council (referred to in this by-law as the authorised officer) —

(a)	remove the vehicle to a place of safety or any other place and detain it thereat; or
(b)	prevent the removal of the vehicle without his consent by fixing an immobilisation device to the vehicle.

(2) Where the secretary or the authorised officer has removed any vehicle to a place of safety or any other place under paragraph (1)(a) or fixed an immobilisation device to the vehicle under paragraph (1)(b), he shall, with reasonable despatch, give notice in writing to the owner of the vehicle as to the procedure by which he may secure the release of the vehicle.

(3) The notice under paragraph (2) shall be served on the owner of the vehicle —

(a)	in the case where the vehicle has been removed to a place of safety or any other place, in accordance with by-law 18 or where this is not possible, by posting it on any notice board maintained by the Town Council nearest the part of the common property or open space where the vehicle was parked or found; or
(b)	in the case where an immobilisation device has been fixed to the vehicle, by affixing the notice onto the windscreen or any conspicuous part of the vehicle.

(4) No vehicle which has been removed and detained by the secretary or the authorised officer or to which an immobilisation device has been fixed in accordance with this by-law shall be released to the owner of the vehicle except —

(a)	by or under the direction of the secretary or the authorised officer; and
(b)	upon the owner of the vehicle having paid all expenses incurred by the secretary or the authorised officer, and such other charges as may be imposed under these By-laws.

(5) Any person who, without the authority of the secretary or the authorised officer, removes or tampers with any notice affixed to a vehicle under paragraph (3)(b) shall be guilty of an offence.

(6) Any person who, without being authorised to do so in accordance with this by-law, removes or attempts to remove —

(a)	any vehicle from any place at which it is being detained under this by-law; or
(b)	an immobilisation device fixed to a vehicle in accordance with this by-law,

shall be guilty of an offence.

(7) Where any abandoned vehicle which has been removed and detained by the secretary or the authorised officer or to which an immobilisation device has been fixed in accordance with this by-law is not claimed by the owner within one month of the date of its detention or immobilisation, the secretary may, after giving one month’s notice in the Gazette of his intention to do so, sell the vehicle by public auction or otherwise dispose of it in any manner as he thinks fit.

(8) Where an abandoned vehicle has been sold or otherwise disposed of under paragraph (7), the proceeds of the sale or disposal of the vehicle shall be applied in payment of any expenses incurred in carrying out the provisions of this by-law and thereafter shall be applied in payment of all charges and fines payable under these By-laws and the surplus, if any, shall be paid to the owner of the vehicle.

(9) In this by-law, “immobilisation device” means any device or appliance designed or adapted to be fixed to any part of a vehicle for the purpose of preventing the vehicle from being driven or otherwise put in motion, being a device or appliance of such type approved by the secretary or an officer authorised by the Town Council in that behalf.”.

Amendment of by-law 17

3. By-law 17 of the principal By-laws is amended by deleting paragraph (2) and substituting the following paragraphs:

“(2) 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.

(3) 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 (2).

(4) Where the owner or occupier of a flat fails to comply with the notice of the Town Council under paragraph (3), 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.

(5) 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 (2) is an imminent danger to life or person, the Town Council may remove and detain such pot, plant, ornament, article, object or substance without any notice under paragraph (3).

(6) 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 (4) or (5) 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 7 days of such removal and detention.

(7) If the pot, plant, ornament, article, object or substance removed and detained by the Town Council under paragraph (4) or (5) is not claimed within 7 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.”.

Deletion of by-law 19

4. By-law 19 of the principal By-laws is deleted.

Made this 27th day of July 2000.

ANG MONG SENG

Chairman,
The Town Council for the
Town of Hong Kah,
Singapore.

[TC/AK/LEGJ/AN/p1; AG/LEG/SL/329A/97/15 Vol. 1]