Clause 53

Any person who sells or enters into an agreement to sell a building which has been erected or is in course of erection in contravention of any of the provisions of section 51 of this Ordinance or of section 9 of the Planning Ordinance, 1959 (Ord. 12 of 1959), shall be guilty of an offence under this Ordinance and shall on conviction be punished with imprisonment for a term which shall not be less than six months but which shall not exceed one year and shall also be liable to a fine not exceeding five thousand dollars.

Any person who erects or causes to be erected in contravention of any of the provisions of section 51 of this Ordinance or of section 9 of the Planning Ordinance, 1959, shall, if such building is subsequently sold or agreed to be sold, be guilty of an offence under this Ordinance and shall on conviction be punished with imprisonment for a term which shall not be less than six months but which shall not exceed one year and shall also be liable to a fine not exceeding five thousand dollars.

The court before which a person is convicted for an offence under subsection (1) or (2) of this section may also order such person to refund the purchase money for the building to the purchaser together with such compensation as the court deems fit and the provisions of section 447 of the Criminal Procedure Code (Cap. 132) shall be applicable to an order under this subsection.

No prosecution in respect of an offence under this section shall be instituted without the sanction of the Public Prosecutor.