The second regular session of the Legislative Council continued to examine and analyze the Urban Building Legal System Bill yesterday. Evictions do not exempt persons from the need to obtain a judicial order before entering their premises without the consent of any person. The Chairman of the Second Regular Session, Mr Chan Chak Wu, pointed out that apart from entering residential buildings, legal buildings and private medical clinics currently required judicial orders for evictions. The Committee pointed out that it would like to know whether the Government would make reference to the Bill on the Legal Regime for Fire Safety of Buildings and Premises, which is also being scrutinised, and similarly exempt the two types of premises.

Foundation structure maintenance for ten years

In respect of maintenance and repair obligations, the Bill proposes that maintenance and repair works should be carried out when necessary in order to keep buildings in good condition at all times, especially in terms of safety, hygiene and general aesthetics, especially if such works have not been carried out for 10 years from the date of issue of the use permit. Mr Chan said that the provision would apply to new and old buildings when it came into effect and that building inspections would not be mandatory "when necessary". However, the Committee is concerned about the "bottom-line" penalty provisions of the Bill, which impose fines on natural or juridical persons who violate the provisions of the law and do not provide for special penalties. The Committee would like the Government to respond to whether the penalty clause of "bottom of the bargain" does not apply to the penalty for breach of the first paragraph of building maintenance.

According to Chen Zewu, the bill recommends that builders must guarantee the quality of their projects, including maintenance of the foundation and main structure for 10 years, and maintenance of exterior wall finishes, building waterproofing, power systems, stormwater and sewage drainage systems, and fire safety systems for five years. If problems occur during the warranty period, the builder is responsible for maintenance and repair. However, after the warranty period, the responsibility goes to the owner. The Bill also mentions that if signs of lack of maintenance are found in the building, the owner will be required to submit a report on the condition of the building prepared by a professional setting out the work, measures or works to be carried out and the relevant period.

List of movables in recorded documents

In respect of eviction procedures, the Bill proposes that in addition to residential buildings, solicitors' offices and private medical clinics now require a judicial order for eviction. Mr Chan pointed out that the Committee asked why only law firms and medical clinics needed judicial writs, while other media organizations, credit agencies, accounting firms and banks also had confidential documents. There is also a similar ordinance in the Legal Regime for Fire Safety of Buildings and Venues Bill which is being discussed in the Legislative Council.

In addition, the Bill proposes that if officers of the Land, Works and Transport Bureau find documents or movable property of value at the site of evictions and demolition, they should compile a record of the incident containing a list of such documents or movable property and a photographic record, which should be co-signed by officers of the Public Security Police Station assisting in the operation. Among them, "movable property of value" means that the value clearly exceeds $10,000. The Committee has queried whether the valuation of movable property and documents would require the presence of staff from other government departments such as the Finance Bureau and the Fire Services Bureau.

Chen Zewu said that the current progress of the review of the bill is ideal, it is expected that after two more meetings, the list of issues will be sorted out, and government representatives will be invited to attend the discussion after the lunar year.

------ From Macau Daily News February 3rd, 2021