the offence was a director, manager, partner, secretary or other similar officer thereof, or was purporting to act in any such capacity, shall also be deemed guilty of such offence unless he proves that the offence was committed without his consent or connivance, and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.
(5) Where anything is required to be done by the owner of a building, and by virtue of section 2 there is more than one owner of such building, it shall be a defence to any charge of failing to do that thing—
- (a) that such thing was done by another owner of the building; or
- (b) that any notice or order in respect of such thing required under this Ordinance to be served on the owner was served on another owner of the building and not on the person charged.
PART V.
Exemptions.
Exemptions. 28. (1) The following shall be exempt from the provisions of this Ordinance—
- (a) buildings belonging to the Crown or to the Government;
- (b) buildings upon any land vested in any person on behalf of Her Majesty’s naval, military or air force services:
Provided that the provisions of this Ordinance relating to projections over or upon any portion of any street whether or not on land held under lease from the Crown, to hoardings and to scaffoldings shall apply to all buildings.
- (b) Building works carried out in accordance with plans approved by the Building Authority before the commencement of this Ordinance, or under the proviso
to subsection (2) of section 9, shall be deemed to have been carried out in accordance with the provisions of this Ordinance.
