Clause 14

A Town Council must, in the exercise of its powers and the performance of its functions and duties under this Act in relation to the residential property and commercial property in the housing estates of the Board within its Town, work cooperatively and in collaboration with the following for the benefit of the residents of those estates:

the Board in the discharge of the Board’s functions under the Housing and Development Act (Cap. 129);

any statutory authority or public officer performing functions (but without specific power) under any written law for any of the following purposes:

securing public safety and ensuring public order in or around the Town;

preventing disease or injury, or creating and maintaining a healthy environment in or around the Town;

urban development that integrates electronic, information and communication technologies so as to improve quality of life for residents in and around the Town.(2) Where —

the Board, or a statutory authority or public officer mentioned in subsection (1)(b), intends to perform within the Town for which a Town Council is established, a function under any written law for any of the purposes mentioned in subsection (1)(a) or (b), as the case may be;

the Board, or the statutory authority or public officer, has given to the Town Council a notice of its or the officer’s intention to perform that function on or in relation to the common property of the residential and commercial property in the housing estates of the Board within the Town; and

the Town Council has unreasonably delayed, hampered or prevented the performance of that function on or in relation to that common property,the Board, or the statutory authority or public officer (as the case may be) with the consent of the Board, may give notice to the Town Council concerned requiring the Town Council (according to the circumstances of the case) to do, or to refrain from doing, such things as are specified in the notice as to facilitate or enable the Board, or the statutory authority or public officer (as the case may be), to so perform that function.(3) If a notice given to a Town Council under subsection (2) is not complied with, the Board, or the statutory authority or public officer (as the case may be) may —

carry out, or cause to be carried out all or any of the things as are specified in the notice, and perform its or the officer’s function on or in relation to the common property of the residential and commercial property in the housing estates of the Board within the Town; and

recover all expenses reasonably incurred by the Board, or the statutory authority or public officer (as the case may be) carrying out those things.(4) Without affecting subsection (3), if a Town Council fails, without reasonable excuse, to comply with the requirements of a notice given to it under subsection (2), that Town Council shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $50 for every day or part of a day during which the offence continues after conviction.(5) To avoid doubt, this section is in addition to, and not in derogation of, any other written law that makes it an offence to obstruct or impede a public officer or statutory authority or the Board, or an officer of a statutory authority or the Board, in the performance of its or the officer’s public function.(6) This section does not apply to or in relation to any emergency‑related purpose within the meaning of section 21B.(7) To avoid doubt, this section does not prohibit a Town Council from proposing reasonable terms and conditions for carrying out activities mentioned in section 19(2) or (3).Direction to Town Councils for emergency‑related measures21B.—

The Minister may, by written direction given to a Town Council —

require the Town Council to prepare itself to deal with specified kinds of emergency‑related purposes; or

require that —

access be given to specified kinds of services by the Town Council for specified kinds of emergency‑related purposes; or

priority of access be given to specified kinds of services by the Town Council for specified kinds of emergency‑related purposes.(2) Every direction under subsection (1)(b) must specify the Ministry, department or statutory authority to whom access, or priority of access, must be given.(3) The manner in which those preparations are to be made or that access, or priority of access, is to be given must be set out in the direction under subsection (1).(4) The terms and conditions on which the preparations are to be made or that access, or priority of access, is to be given must be set out in the direction under subsection (1).(5) A Town Council must comply with every direction given to it under subsection (1).(6) A Town Council that fails to comply with any direction of the Minister given under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.(7) In this section, “emergency‑related purpose” means a purpose related to the management of —

a public health emergency within the meaning of the Infectious Diseases Act (Cap. 137);

a civil defence emergency within the meaning of the Civil Defence Act (Cap. 42); or

any other public emergency (natural or otherwise).”.