Cap 283 s 24 Power to take custody of and dispose of property (HOUSING ORDINANCE)

Contents of Section

Chapter:	283	Title:	HOUSING ORDINANCE	Gazette Number:
Section:	24	Heading:	Power to take custody of and dispose of property	Version Date:	30/06/1997

(1) The Authority may take possession of any property-

(a) found on any land in an estate which has been the subject of a lease, after the tenant has left the land following the termination of his lease;

(b) found on any land in an estate (other than land leased under section 16) vested in or under the control and management of the Authority and which appears to an authorized officer to have been abandoned; (Replaced 33 of 1978 s. 7)

(c) which has been placed in or on or affixed to any land in an estate in contravention of any condition in a lease, deed of assignment or deed of mutual covenant; (Replaced 33 of 1978 s. 7)

(d) which causes an obstruction or nuisance on or in any land in an estate (other than land leased under section 16) vested in or under the control and management of the Authority. (Replaced 33 of 1978 s. 7)

(2) The Authority shall post, on or near the premises or place where the property is or was situate, a notice setting out details of any property of which it has taken possession under subsection (1) and shall, in such notice, call upon any claimant to submit his claim to the property-

(a) in the case of property referred to in subsection (1)(a), within such time as is specified in the notice being not less than 7 days after the day on which the notice was posted; and

(b) in the case of property referred to in subsection (1)(b), (c) or (d), within 2 days after the day on which the notice was posted.

(3) The Authority may refuse to return any property of which it has taken possession under subsection (1) unless satisfied that the claimant is the owner of the property.
(4) The Authority may recover from a claimant to whom any property, of which the Authority has taken possession under subsection (1), is returned any expenses incurred by it in the removal and storage of such property.
(5) Any property of which the Authority has taken possession under subsection (1), which is not claimed within the time referred to in subsection (2) or which the Authority refuses to return under subsection (3) to any person, shall become the property of the Authority free from the rights of any person and may be disposed of by the Authority by sale or otherwise.
(6) If, within 6 months after the day on which the notice was posted under subsection (2), any person satisfies the Authority that, at the time any property sold pursuant to subsection (5) became the property of the Authority by virtue of that subsection, he was the owner of such property, the Authority shall pay to such person the balance of the proceeds of sale after deducting any expenses incurred by the Authority in the removal, storage and sale of the property.