Provision applicable to such Owners’ meeting. Notwithstanding any other provisions to the contrary herein contained, the following provisions shall apply to a meeting convened as provided in Clause 8.1 hereof :- (a) The person convening such meeting of the Owners shall, at least fourteen (14) days before the date of the meeting, give notice of the meeting to each Owner. Such notice of meeting shall specify :- (i) the date, time and place of the meeting; and (ii) the resolutions (if any) that are to be proposed at the meeting; (b) The notice of meeting referred to in Clause 8.2(a) shall be posted on the public notice boards of or a prominent place in the Development and if possible, may be given :- (i) by delivering it personally to the Owner; (ii) by sending it by post to the Owner at his last known address; or (iii) by leaving at the Owner's Unit or depositing it in the letter box for that Unit; (c) No business shall be transacted at any meeting unless a quorum is present when the meeting proceeds to business and Owners present in person or by proxy who in the aggregate have vested in them not less than seventy-five per cent (75%) of the total number of Undivided Shares in the part of the Development in question (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall be a quorum; (d) If within half an hour from the time appointed for the meeting a quorum is not present, the meeting shall stand adjourned to the same time and day in the following week at the same place, and if at such adjourned meeting a quorum is not present, the Owners present shall be deemed to constitute a quorum; (e) The Manager shall be the chairman of the meeting; (f) The chairman shall cause a record to be kept of the persons present at the meeting and notes of the proceedings thereof; (g) Every Owner shall have one vote for each Undivided Share allocated to the part of the Development (excluding the Undivided Shares allocated to the Common Areas and Facilities) vested in him and in the case of Owners who together are entitled to one such Undivided Share, such Owners shall jointly have one vote for each such Undivided Share and in case of dispute, the Owner whose name stands first in relation to that Undivided Share in the register kept at the Land Registry shall have the right to vote, and in case of equality of votes, the chairman shall have a second or casting vote; (h) Votes may be given either personally or by proxy; (i) The instrument appointing a proxy shall be deposited with the chairman of the meeting either before or at the meeting; (j) A resolution passed at a duly convened meeting by the Owners of not less than seventy five per cent (75%) of the Undivided Shares allocated to damaged part(s) of the Development (excluding the Undivided Shares allocated to the Common Areas and Facilities) present in person or by proxy and voting shall be binding on all the Owners of the relevant part of the Development PROVIDED as follows :- (i) the notice convening the meeting shall specify the intention to propose a resolution concerning such matter; (ii) any resolution purported to be passed at any such meeting concerning any other matter shall not be valid; (iii) no resolution shall be valid if it is contrary to the provisions of this Deed; (k) A resolution in writing signed by Owners who in the aggregate have vested in them for the time being not less than seventy-five per cent (75%) of the Undivided Shares allocated to the part of the Development in question (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall be as valid and effectual as if it had been passed at a duly convened meeting of such Owners; and (l) Apart from the notice given under sub-clause (a) of this Clause, the accidental omission to give notice to any Owner shall not invalidate the meeting or any resolution passed thereat.
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Provision applicable to such Owners’ meeting. Notwithstanding any other provisions to the contrary herein contained, the The following provisions shall apply to a meeting convened as provided in Clause 8.1 61 hereof :-
(a) The person convening such meeting of the Owners shall, at least fourteen (14) days before the date of the meeting, give notice of the meeting to each Owner. Such notice of meeting shall specify :-
(i) the date, time and place of the meeting; and
(ii) the resolutions (if any) that are to be proposed at the meeting;
(b) The notice of meeting referred to in Clause 8.2(a62(a) shall be posted on the public notice boards of or a prominent place in the Development and if possible, may be given :-
(i) by delivering it personally to the Owner;
(ii) by sending it by post to the Owner at his last known address; or
(iii) by leaving at the Owner's Unit or depositing it in the letter box for that Unit;
(c) No business shall be transacted at any meeting unless a quorum is present when the meeting proceeds to business and Owners present in person or by proxy who in the aggregate have vested in them not less than seventy-five per cent (75%) of the total number of Undivided Shares in the part of the Development in question (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall be a quorum;
(d) If within half an hour from the time appointed for the meeting a quorum is not present, the meeting shall stand adjourned to the same time and day in the following week at the same place, and if at such adjourned meeting a quorum is not present, the Owners present shall be deemed to constitute a quorum;
(e) The Manager shall be the chairman of the meeting;
(f) The chairman shall cause a record to be kept of the persons present at the meeting and notes of the proceedings thereof;
(g) Every Owner shall have one vote for each Undivided Share allocated to the part of the Development (excluding the Undivided Shares allocated to the Common Areas and Facilities) vested in him and in the case of Owners who together are entitled to one such Undivided Share, such Owners shall jointly have one vote for each such Undivided Share and in case of dispute, the Owner whose name stands first in relation to that Undivided Share in the register kept at the Land Registry shall have the right to vote, and in case of equality of votes, the chairman shall have a second or casting vote;
(h) Votes may be given either personally or by proxy;
(i) The instrument appointing a proxy shall be deposited with the chairman of the meeting either before or at the meeting;
(j) A resolution passed at a duly convened meeting by the Owners of not less than seventy five per cent (75%) % of the Undivided Shares allocated to damaged part(s) of the Development (excluding the Undivided Shares allocated to the Common Areas and Facilities) present in person or by proxy and voting shall be binding on all the Owners of the relevant part of the Development PROVIDED as follows :-
(i) the notice convening the meeting shall specify the intention to propose a resolution concerning such matter;
(ii) any resolution purported to be passed at any such meeting concerning any other matter shall not be valid;
(iii) no resolution shall be valid if it is contrary to the provisions of this Deed;
(k) A resolution in writing signed by Owners who in the aggregate have vested in them for the time being not less than seventy-five per cent (75%) of the Undivided Shares allocated to the part of the Development in question (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall be as valid and effectual as if it had been passed at a duly convened meeting of such Owners; and
(l) Apart from the notice given under sub-clause (a) of this Clause, the accidental omission to give notice to any Owner shall not invalidate the meeting or any resolution passed thereat. SECTION X MISCELLANEOUS PROVISIONS 63. Schedules 7 and 8 to the Building Management Ordinance, etc.
(a) Nothing contained in this Deed shall prejudice the operation of the Building Management Ordinance (Cap.344).
(b) The First Owner shall deposit a copy of Schedules 7 and 8 to the Building Management Ordinance (Cap.344) (both of the English and Chinese versions) in the management office for reference by all Owners free of costs and for taking copies at their own expense and upon payment of a reasonable charge. All charges received must be credited to the Special Fund.
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