[continued from previous message]
b. section 2 of Cap. 123 Buildings Ordinance
https://www.elegislation.gov.hk/hk/cap123?xpid=ID_1438402640967_001
c. subsection 16(1)(d) of Cap. 123 Buildings Ordinance, which is as follows: 16.Grounds on which approval or consent may be refused
(1)The Building Authority may refuse to give his approval of any plans
of building works where— -----------------------------------------------------------------
(d)the carrying out of the building works shown thereon would contravene
the provisions of this Ordinance or of any other enactment, or would
contravene any approved or draft plan prepared under the Town Planning Ordinance (Cap. 131); ------------------------------------------------------------------
https://www.elegislation.gov.hk/hk/cap123?xpid=ID_1438402641778_001
d. section 18 and section 34I of Cap. 344 Building Management Ordinance
https://www.elegislation.gov.hk/hk/cap344!en?INDEX_CS=N&xpid=ID_1438403038113_001
https://www.elegislation.gov.hk/hk/cap344!en?xpid=ID_1438403038456_002&INDEX_CS=N
If the HKSAR government, the Legislative Council and/or the Judiciary
do/does not execute any of the duties mentioned above accordingly, the
risk of such kind of fire accident would definitely increase. Of course,
the HKSAR government, the Legislative Council and the Judiciary must
understand what are stated above. As such, with respect to the execution
of such duties, any staff, members and/or judges etc. of the HKSAR
government, the Legislative Council and/or the Judiciary must know that
any inaction on his/her part would lead to the increase of the risk of
the fire accident causing serious injuries or death of people mentioned
above. As such, with respect to the execution of such duties, any
inaction on the part of the HKSAR government, the Legislative Council
and/or the Judiciary would lead to brutality, which is as deadly as the
obvious brutality mentioned above, because the HKSAR government, the Legislative Council and the Judiciary can see that their inaction would
lead to the increase of the risk of serious injuries or death of people mentioned above.
The above arguments may sound harsh to the legislative councillors at
first, but actually we are not harsh to them, because, if they have made reasonable effort to fulfil the duties mentioned above accordingly, they
may not be blamed for the kind of accidents mentioned above.
Generally speaking, for any place with a reasonable legal system, the government must be empowered to carry out certain duties for the public
under laws. While it may be stated in some provisions of these laws that
the relevant government departments would have certain authorities, it
may be stated in some other provisions of these laws that such
authorities would be governed/limited under certain circumstances to
prevent the relevant government departments from having excessive
powers. In short, the authorities of the relevant government departments
must be clear and properly controlled under the laws and, as such, the
relevant government departments must comply with all provisions of the
laws accordingly. For example, it is clear that the Buildings
Departments is empowered to approve drawings for building constructions
under the relevant sections of Cap. 123 Buildings Ordinance, but its
powers to approve such drawings are also governed/limited by subsection 16(1)(d) of Cap. 123 Buildings Ordinance and/or other relevant sections/subsections of Cap. 123 Buildings Ordinance. Therefore, under
the relevant provisions/sections of Cap. 123 Buildings Ordinance and
subsection 16(1)(d) of Cap. 123 Buildings Ordinance, BD has to check
whether the relevant drawings submitted to BD comply with Cap. 344
Building Management Ordinance and/or any other enactments.
Since I lodged the captioned complaints against the HKSAR
government/relevant government departments and/or bureaus to the
Legislative councillors in April, 2019, about 8 months have passed.
However, with respect to my complaints, requests and/or queries relating
to the captioned and/or the relevant matters/issues etc., the relevant Legislative councillors have not yet demonstrated that they have
executed their duties under Article 73 of the Basic Law despite numerous relevant reminders issued by me to them via e-mails and therefore they
are culprits of the increase in the risk of injuries and deaths of
people mentioned above which is one kind of serious brutalities for
reasons mentioned above and/or before. As such, please recommend that
the relevant Legislative councillors should be within the list of
potential sanctions targets sent/to be sent to US congressional body as
per the Hong Kong Human Rights and Democracy Act of 2019 for reasons
mentioned above and/or before.
Please refer to my previous e-mails sent to you from March, 2019 onwards
for the relevant elaboration of the
points/issues/matters/complaints/etc. stated/outlined above and/or the
relevant pieces of evidence.
A text file named 'Table of Appendixes dated 30 December 2019' is
attached to this e-mail from me to you for your easy reference. My
complaints lodged to you via my e-mails sent to you from December, 2018
onwards are justified in the contents, which are listed in the second
column in such 'Table of Appendixes dated 30 December 2019', including
the relevant documents, e-mails and evidence etc. correspondingly in the relevant Appendixes, to which the relevant reference numbers are
assigned in such 'Table of Appendixes dated 30 December 2019', listed in
the third column in such 'Table of Appendixes dated 30 December 2019'.
All the contents listed in such 'Table of Appendixes dated 30 December
2019' were sent to you via e-mails by me previously. Some of such
contents may be attached to this e-mail or any of the subsequent e-mails
to be sent by me to you.
Please take all relevant points/reasons stated in this e-mail and/or the attached e-mails/letters and/or the previous e-mails sent by me to you
from December, 2018 onwards and all evidence sent to you by me into consideration in processing the captioned complaints. Please forward
this e-mail, the attached e-mails/letters and my previous e-mails sent
to you from December, 2018 onwards and all evidence sent to you by me to
the Duty Lawyer for his/her processing of the captioned complaints.
In your reply to my complaints/e-mails, please pinpoint any
mistakes/nonsense, if any, in my e-mails sent to you or to be sent to
you. You can do so by simply highlighting such mistakes/nonsense with,
say, green colour. Otherwise, you are not handling my complaints/requests/recommendations/etc. properly. Please be reminded to forward any relevant correspondence or e-mails etc. to me.
PLEASE SEND YOUR E-MAILS TO ME VIA MY NEW E-MAIL ACCOUNT, THE ADDRESS
OF WHICH IS **, only in future, as the size of my files in my previous
e-mail account has reached the maximum limit.
I do not consent to the disclosure of any part of any information sent
or to be sent to you by me to anyone except the personnel handling my complaints, because I have to protect my privacy.
After all, the HKSAR government and the relevant government departments
are not willing to justify what it does with facts, well-established
principles and logic, because the HKSAR government can shut people up
with brutality, tortures and firearms etc..
Thank you.
Regards,
---------------------------------------------------------------------
Yours faithfully,
Dear All,
Re: Complaints about the Illegal Use of the Public/Common Areas at **
and/or Other Public/Common Areas of ** by the Owner/Tenant of ** and/or
Other Relevant Owners/Tenants of ** and
Complaints about the Noises and Vibrations caused by the
Owner/Tenant of ** and/or Other Relevant Owners/Tenants of **
[檔案編號: ** (assigned by 1823)]
[檔案編號: ** (assigned by EPD)]
The case number assigned by The Ombudsman is **. Complaint against AP
lodged to BD, HKIA and The Architects Registration Board
The relevant government officials/staff, who should be within the list
of potential sanctions targets sent/to be sent to US congressional body
as per the Hong Kong Human Rights and Democracy Act of 2019, of the
HKSAR government (VERY URGENT!)
With respect to the captioned complaints, the legislative councilors of
the Democratic Party, Mr. Lam Cheuk Ting, Mr. James To Kun-sun and Dr.
Helena Wong Pik-wan have not yet executed their duties under Article 73
of the Basic Law to urge the Buildings Department of the HKSAR
government to properly execute its duties under subsection 16(1)(d) of
Cap 123 Buildings Ordinance.
https://www.basiclaw.gov.hk/en/basiclawtext/chapter_4.html
Article 73
The Legislative Council of the Hong Kong Special Administrative Region
shall exercise the following powers and functions;
( 1 ) To enact, amend or repeal laws in accordance with the provisions
of this Law and legal procedures;
( 2 ) To examine and approve budgets introduced by the government;
( 3 ) To approve taxation and public expenditure;
( 4 ) To receive and debate the policy addresses of the Chief Executive;
( 5 ) To raise questions on the work of the government;
( 6 ) To debate any issue concerning public interests;
( 7 ) To endorse the appointment and removal of the judges of the Court
of Final Appeal and the Chief Judge of the High Court;
( 8 ) To receive and handle complaints from Hong Kong residents;
( 9 ) If a motion initiated jointly by one-fourth of all the members of
the Legislative Council charges the Chief Executive with serious breach
of law or dereliction of duty and if he or she refuses to resign, the
Council may, after passing a motion for investigation, give a mandate to
the Chief Justice of the Court of Final Appeal to form and chair an
independent investigation committee. The committee shall be responsible
for carrying out the investigation and reporting its findings to the
Council. If the committee considers the evidence sufficient to
substantiate such charges, the Council may pass a motion of impeachment
by a two-thirds majority of all its members and report it to the Central People's Government for decision; and
( 10 ) To summon, as required when exercising the above-mentioned powers
and functions, persons concerned to testify or give evidence.
https://www.elegislation.gov.hk/hk/cap123?xpid=ID_1438402641778_001
16.Grounds on which approval or consent may be refused
(1)The Building Authority may refuse to give his approval of any plans
of building works where— ----------------------------------------------------------
(d)the carrying out of the building works shown thereon would contravene
the provisions of this Ordinance or of any other enactment, or would
contravene any approved or draft plan prepared under the Town Planning Ordinance (Cap. 131);
--------------------------------------------------------
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