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<![CDATA[Historical Laws of Hong Kong Online]]> https://oelawhk.lib.hku.hk/items/browse/page/25?output=rss2 Mon, 08 Jun 2026 01:52:35 +0800 webadmin@lib.hku.hk (Historical Laws of Hong Kong Online) Zend_Feed http://blogs.law.harvard.edu/tech/rss <![CDATA[COURSE OF TRAINING, STUDY AND EXAMINATION FOR APPLICANTS FOR REGISTRATION AS PHARMACISTS REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2666

Title

COURSE OF TRAINING, STUDY AND EXAMINATION FOR APPLICANTS FOR REGISTRATION AS PHARMACISTS REGULATIONS

Description






COURSE OF TRAINING, STUDY AND EXAMINATION
FOR APPLICANTS FOR REGISTRATION AS
PHARMACISTS REGULATIONS.

(Cap. 138, section 4).

[1st January, 1938.]

REQUIREMENTS FOR REGISTRATION AS AN APPRENTICE OR STUDENT.

1. Every applicant for registration as an apprentice or student
must have entered into Articles of Pupilage with a registered phar-
macist or with a body corporate entitled to become an authorized
seller of poisons, or with a pharmacist jointly with either the
committee of a hospital or similar institution or the owner of a
pharmaceutical manufacturing laboratory:
Provided that where a person is engaged on a full time agree-
ment in a Government hospital or other Government institution
under the direction of a qualified pharmacist, such agreement shall
be accepted in the place of Articles of Pupilage.

2. - At the time of making an application for registration as
an apprentice or student the applicant shall-
(a)lodge with the registrar a certificate of having passed the
Matriculation Examination of the University of Hong
Kong or such other equivalent examination as the regis-
trar shall approve;
(b) pay the prescribed fee for registration;
(c) lodge with the registrar a copy of his Articles of Pupilage.

QUALIFYiNG ExAmINATioN-GENERAL.

3. The Qualifying Examination shall be styled 'The Chemist
and Druggist Qualifying Examination'.

4. The Qualifying Examination shall be in two parts, the
first part the Intermediate Examination and the second part the
Final Examination.

TRAINING AND REQUIREMENTS FOR ADMISSION TO THE
QUALIFYiNo ExAMINATioN.

Requirements for entry to the Intermediate Examination.

5. The Intermediate Examination shall be held twice a year
in June and December. When applying to enter for the first time,
the candidate shall-
(a) have been registered as an apprentice or student;





(b) pay the prescribed fee;

(c)lodge with the registrar a certificate on the official form
obtainable from the registrar signed by the applicant's
principal or his authorized deputy that, subsequent to
registration as an apprentice or student, he has attended
a course of approved instruction at a recognized educa-
tional institution over a period of one year full time study
or two years' attendance at evening classes.

6. The subjects of the Intermediate Examination shall be
Chemistry, Physics and Biology and the examination shall be con-
ducted in accordance with the syllabus as approved from time to
time by the Governor in Council. The registrar shall supply, with-
out fee, a copy of the syllabus to any person on application.

7. A person who has been registered as an apprentice or
student and who satisfies the registrar that he has passed one of
the examinations set out in Appendix 1 shall be deemed to have
passed the Intermediate Examination provided that the subjects
include Chemistry, Physics and Biology. If the subjects include
two only of those prescribed in these regulations he shall be deem-
ed to have passed the examination in such two subjects.

8. A candidate shall present himself for examination in all
of the subjects of the examination except that a candidate who
shall be deemed to have passed the examination in two of the
subjects only may present himself for examination in the one re-
maining subject.

9. A candidate who has failed to satisfy the Examiners in
one subject only may, subject to the permission of the Examiners,
present himself for examination in that one subject only. Before
he applies to enter again for the examination a candidate who has
failed to satisfy the Examiners shall produce satisfactory evidence
to the Examiners that he has complied with any conditions made
by them concerning his presenting himself for examination in the
subject in which he failed to satisfy the Examiners.

10. Except in the following circumstances no fee or portion
of a fee shall be returned-

(a)a candidate who withdraws before the last date of entry
for the examination shall receive back the fee paid.,

(b)a candidate who has entered for the examination but fails
to present himself and submits proof satisfactory to the
registrar that his absence was due to illness or other un-
avoidable cause shall receive back the fee paid.





Requirements for Entry to the Final Examination.

11. The Examination shall be held twice a year in March
and October. When applying to enter the Examination for the
first time a candidate shall-

(a)have passed or be deemed to have passed the Intermediate
Examination;

(b) pay the prescribed fee;

(c) produce to the registrar---
(1) a certificate of registration of birth;
(H) a declaration, signed by the candidate on the
official form obtainable from the registrar, that he has
been trained under the supervision of a registered phar-
macist in the dispensing and compounding of medicines
for a period of not less than four thousand hours, spread
over not less than two years, in one of the following
places-
(i)a set of premises registered under Part I of the
Ordinance;
(ii) a manufacturing pharmaceutical laboratory;
(iii) a dispensary of a hospital or similar institution.
The declaration shall state the address of the place or
places at which the course has been undergone with the
dates and periods of such training and shall be signed
by the pharmacist who supervised the training. The
declaration shall only be valid if the course was under-
gone by the candidate subsequent to registration as an
apprentice or student and while serving under Articles
of Pupilage in accordance with regulations, and only if
the course was subsequent to such Articles of Pupilage
having been endorsed by the registrar and a copy lodged
with him;
(III) a certificate on the official form obtainable
from the registrar signed by the candidate's principal or
his deputy that, subsequent to having passed or being
deemed to have passed the Intermediate Examination,
the candidate has attended at a recognized educational
institution an approved systematic course of instruction
in the subjects of the Final Examination and has com-
pleted the work to the satisfaction of the principal. The
course of instruction shall be spread over a period of
not less than 250 hours in Pharmaceutics, 250 hours in
Pharmaceutical Chemistry and 250 hours in Physiology,
Pharmacognosy and Forensic Pharmacy.





12. The subjects of the Examination shall be Pharmaceu-
tics, Pharmaceutical Chemistry, Pharmacognosy, Physiology and
Forensic Pharmacy, and shall be in accordance with the syllabus
as approved from time to time by the Governor in Council. The
registrar shall supply, without fee, a copy of the syllabus to any
person on application.

13. A candidate shall present himself for examination in all
subjects of the Examination except that-
(a)a candidate who has failed to satisfy the Examiners in
one subject only, may, subject to the permission of the
Examiners, present himself for examination in that one
subject only. Before he applies to enter again for the
Examination a candidate who has failed to satisfy the
Examiners shall produce satisfactory evidence to the
Examiners that he has complied with any conditions
made by them concerning his presenting himself again
for examination in the subject in which he failed to
satisfy the Examiners;
(b)a candidate who satisfies the Examiners in the subject
or subjects in which he presents himself for examination
in accordance with these regulations shall be granted a
certificate by the Examiners to that effect and entitling
him to be registered as a chemist and druggist in accord-
ance with the provisions of the Ordinance:
Provided that no such certificate shall be issued
until such time as the candidate has attained the age
of twenty-one years.

14. The Articles of Pupilage shall contain the provisions of
the draft Articles set out in Appendix 2 or provisions to like
effect or the provisions of any Articles under which the candidate
may have been serving on the 18th March, 1949, provided that
such Articles had been endorsed by the registrar.

15. Except in the following circumstances no fee or portion
of a fee shall be returned-
(a)a candidate who withdraws before the last date of entry
for the examination shall receive back the fee paid;
(b)a candidate who has entered for the examination but
fails to present himself and submits to the registrar proof
satisfactory to the registrar that his absence was due to
illness or other unavoidable cause shall receive back the
fee paid.

16. Notwithstanding the provisions of the foregoing regula-
tions it shall be permissible for the registrar to exempt from com-
pliance with any requirement contained in such of the regulations





as apply to examinations for registration as an apprentice or
student to courses of theoretical and practical study, any person
who produces evidence to the satisfaction of the registrar that
either-
(a)he has complied with a corresponding requirement under
previous regulations at the time such regulations were in
force; or
(b)he has received a sufficient preliminary practical training
in a course of study for the subjects of the examination.

17. Notwithstanding the provisions of the foregoing regula-
tions the registrar may, subject to such conditions as he may
prescribe, accept a practical course of study undergone in a
place other than Hong Kong provided the person is registered
as an apprentice or student.

18. A candidate who has received training in a place other
than Hong Kong may, at the discretion of the registrar. be
admitted to the Final Examination of the Chemist and Druggist
Qualifying Examination provided that-
(a)he produces evidence satisfactory to the registrar of
having undergone a course of training and study which,
in the opinion of the registrar, is equivalent to that
required under regulation 11;
(b)he produces evidence satisfactory to the registrar of
having passed an examination which in the opinion of
the registrar is equivalent to the Intermediate Examina-
tion of the Chemist and Druggist Qualifying Examina-
tion;
(c)he pays the prescribed fee for entry to the Final
Examination.

CITATION.

19. These regulations may be cited as the Course of Train-
ing, Study and Examination for Applicants for Registration as
Pharmacists Regulations.

APPENDIX 1. [reg. 7.]

ExAmINATION ACCEPTED IN PLACE OF THE FiRsT PART OR
INTERMEDIATE ExAMINATION FOR THE CUEMIST AND
DRuGGiST QUALi~G ExAmINATioN.

A candidate shall be deemed to have passed the Intermediate Examina-
tion of the Chemist and Druggist Qualifying Examination if he produces
evidence to the registrar as having passed one of the following examinations
provided that the subjects include Chemistry, Physics and Biology-
(a) the Final or Intermediate Examination for a degree in Arts or
Science of the University of Hong Kong or of any other British
or Colonial or Dominion University;





(b) the Higher School Examination;

(c)the First or any subsequent examination for any degree or
diploma recognized by the General Medical Council;

(d)the Preliminary Scientific Examination for Chemist and Druggist
of the Pharmacy and Poisons Ordinance if taken prior to the
18th of March, 1949.

APPENDIX 2. [reg. 14.]

DRAFT ARmcLEs OF PUPILAGE.

It is agreed between ..of
(hereinafter called the Employer) of the first part .................................
of ..................................... (hereinafter called the Pupil), son or ward of
.... (hereinafter called the Parent or Guardian)
of the third part, as follows:-

1. The Pupil for himself and the Parent or Guardian as surety for
him jointly and severally bind themselves that the Pupil shall honestly
faithfully and diligently serve the Employer in his business of Dispensing
Chemist for a period of ...........years f rom the day of
............................................ Nineteen hundred and which
day is declared to be the commencement of the Pupilage of the Pupil; that
the Pupil shall always keep the Employer's secrets and shall obey his
lawful commands, and shall not without authority make copies of any
papers or books belonging to the Employer; that the Pupil shall not absent
himself from the Employer's service without leave, shall behave himself
civilly and respectfully to the Employer and his customers, shall observe
the rules appended to these Articles and shall both during and outside of
business hours abstain from all illegal practices.

2. And the Employer (in consideration of the Premium of
H.KA ....now paid by the Parent or Guardian the receipt of
which the Employer hereby acknowledges)* binds himself to instruct the
Pupil in his business of Dispensing Chemist; to afford the Pupil such
reasonable opportunities and work as may be required to enable him to
learn the same; to observe the rules appended to these Articles; to grant
the Pupil such facilities to attend such classes as may be necessary; on
their due completion to discharge these Articles in the form provided and
if in his opinion correct, to verify the facts set out in the declaration
regarding the practical study required by the regulations to be made by
the Pupil when entering for the Qualifying Examination.

3. And the Employer further binds his executors and administrators
to repay to the Parent or Guardian a proportionate part of the premium
afore-mentioned in the event of the death of the Employer before the
expiration of these Articles, or alternatively to make provision for the com-
pletion by the Pupil of the remainder of the Pupilage under conditions
acceptable under the afore-mentioned regulations without cost to the Parent
or Guardian.





4. In Witness Whereof the parties to these Articles have set their
hands and seals this .............day of Nineteen
hundred and

Signed, Scaled and Delivered by the .......
said Employer in the presence of(Employer)

.............1 1
(Witness)

Occupation ........ .

Address ................................

Signed, Scaled and Delivered by the
said Pupil in the presence of

......................
( Witness)

Occupation ...................................

Address .... ...........................

Signed, Scaled and Delivered by !he ....................... ..
said Parent or Guardian in the (Parent or Guardian)
presence of

Occupation
Address

In the foregoing Articles words importing the singular number shall
include the plural and vice versa. words importing the masculine gender
shall include the feminine, the words importing persons shall include Firms
and Corporations. unless there be anything in the context repugnant to
such construction.

DISCHARGE.

.................................in respect that ........ ........ ... has
served me in terms of the foregoing Articles during the whole period herein
stipulated do hereby discharge him and also .. .
of all obligations under the said Articles.

In Witness Whereof 1 have set my hand this day of
................ - - 1 .. Nineteen hundred and

No receipt stamp necessary,
delete if not applicable,

APPENDIX.

Rules for Practical Course of Study During Apprenticeship.

1. The employer shall from time to time if so requested. furnish
such information as may be required by the registrar about the staff,
accommodation. equipment and work of the shop. hospital, dispensary or
manufacturing laboratory where the apprenticeship is being carried out, and





shall permit a representative of the registrar to inspect the premises at any
reasonable time during working hours.

2. If the employer is not a registered pharmacist or does not under-
take personally the practical course of study of the pupil he shall appoint
some registered pharmacist member of his staff who shall be responsible
to the employer therefor.

3. The practical course of study shall include-
(a) the manipulation of pharmaceutical apparatus in common use;
(b) the preparation of the more commonly used galenicals;
(c)the reading, translation and copying of prescriptions including the
checking of doses;
(d) the dispensing of prescriptions;
(e)experience in the keeping of the records required by the different
parts of the Pharmacy and Poisons Ordinance and Dangerous
Drugs Ordinance. as affecting pharmaceutical practice.

4. The apprentice or pupil shall keep a record of his work.

5. The employer shall provide such apparatus, books of reference,
materials and the opportunity to enable the pupil to undergo the practical
course of study outlined in paragraph 3.

6. The number of pupils that may be employed in any shop, hospital
dispensary or manufacturing pharmaceutical laboratory, shall not exceed
two for each registered pharmacist engaged in the work in which the
pupil is undergoing the course mentioned and referred to above.
8 of 1937, First Schedule. G.N.A. 54/49. G.N.A. 187/52. G.N.A. 187/52. (Cap. 138.) (Cap. 138.) (Cap. 138.) (Cap. 134.)

Abstract

8 of 1937, First Schedule. G.N.A. 54/49. G.N.A. 187/52. G.N.A. 187/52. (Cap. 138.) (Cap. 138.) (Cap. 138.) (Cap. 134.)

Identifier

https://oelawhk.lib.hku.hk/items/show/2666

Edition

1964

Volume

v11

Subsequent Cap No.

138

Number of Pages

8
]]>
Tue, 23 Aug 2011 18:09:51 +0800
<![CDATA[POISONS LIST REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2665

Title

POISONS LIST REGULATIONS

Description






POISONS LIST REGULATIONS

(Cap. 138, section 29)

[1 July 1978] L.N. ]46of 1978

L.N. 164 of 1975 - L.N. 228 of 1975, L.N. 194 of 1977, L.N. 138 of 1978, L.N. 370 of 1980 L.N.
416 of 1984, L.N. 130 of 1986, R. Ed. 1986, L.N. 131 of 1987, LN. 198 of 1989, 4MI?,

1. Citation

These regulations may be cited as the Poisons List Regulations.

2. Interpretation

In the Poisons List set out in the Schedule, unless the context otherwise
requires-
(a)a reference to a substance shall include a reference to that
substance prepared either from natural sources or artificially;
(b)a reference to a substance shall include a reference to that
substance when contained as such in any preparation, solution,
mixture or natural substance;
(c)a 'derivative' is an organic compound which is related to
another organic compound (henceforth called the 'parent
compound') by virtue of its having-
(i) the same elemental ring and/or chain, nucleus or skeleton;
and
(ii) similar pharmaceutical activity. It may have a molecular
weight which may be the same as, or higher or lower (for
example, after formation of a derivative by the process
commonly known as dehydrogenation) than that of the
parent compound, and its preparation may or may not
require the presence of the parent compound;
(d)substances listed under the headings 'W' are those whose uses
are essentially medicinal, whilst substances listed under the
headings 'B' are not normally used medicinally.

3. Poisons List

The Poisons List is set out in the Schedule.

00





SCHEDULE [regs. 2 & 3]

THE PoisoNs LisT

PARTI

A

Acebutolo; its salts
Acetanilide; alkyl acetanilides
Acetohexamide
Acetorphine; its salts; its esters and ethers; their salts
Acetylcarbromal
Acetyldihydrocodeine; its salts
Alclofenac; its complexes
Alcuronium; its salts
Alizapride; its salts
Alkaloids, the following; their quaternary compounds; any salt, simple or complex, of any
substance falling within the following-
Aconite, alkaloids of
Atropine
Belladonna, alkaloids of
Brucine
Calabar bean, alkaloids of
Coca, alkaloids of
Cocaine
Codeine; its esters and ethers
Colchicum, alkaloids of
Coniine
Cotarnine
Curare, alkaloids ofi. curare bases
Ecgonine; its esters and ethers
Emetine
Ephedra, alkaloids of
Ergot, alkaloids of
Gelsemium, alkaloids of
Homatropine
Hyoscine
Hyoscyarnine
Lobelia, alkaloids of
Morphine; its esters and ethers
Nicotine
Nux Vomica, alkaloids of
Papaverine
Pilocarpus, alkaloids of
Pomegranate, alkaloids of





Quebracho, alkaloids of
Rauwolfia, alkaloids of; their derivatives
Sabadilla, alkaloids of
Stavesacre, alkaloids of
Strychnine
Thebaine
Veratrum, alkaloids of
Vinca, alkaloids of
Yohimba, alkaloids of
Allopurinol
Allylisopropylacetylurea
Allylprodine; its salts
Almitrine; its salts
Alphadolone; its esters
Alphaxalone
Alprenolol; its salts
Alufibrate
Amantadine; its salts
Amidopyrine; its salts
Amiloride; its salts
Amineptine; its salts
Amino-alcohols esterified with benzoic acid, phenylacctic acid, phenylpropionic acid, cinnamic acid
or the derivatives of these acids; their salts (except procaine when in a preparation containing any
substance to which the Antibiotics Ordinance (Cap. 137) for the time being applies)
para-Aminobenzenesulphonamide; its salts; derivatives of para-aminobenzenesulphonamide having
any of the hydrogen atoms of the para-amino group or of the sulphonamide group substituted by
another radical; their salts
para-Aminobenzoic acid, esters of; their salts
Aminoglutethimide
Aminopterin; its derivatives
Aminorex; its salts
para-Aminosalicylic acid; its salts; its derivatives; their salts; any compound with any substance
falling within this item
Amitriptyline; its salts
Arnrinone
Amsacrine; its salts
Amyl nitrite
AmyIene hydrate
Androgenic, oestrogenic and progestational substances, the following-
Benzoestrol
Derivatives of stilbene, dibenzyl or naphthalene with oestrogenic activity; their esters
Steroid compounds with androgenic or oestrogenic or progestational activity; their esters
Anileridine; its salts





Antihistamine substances, the following; their salts; any compound with any substance falling
within this item-
Antazoline
Astemizole
Bromodiphenhydrainine
Buctizine
Chlorcyclizine
Cyclizine
3-Di-n-butylaminomethyl-4, 5, 6-trihydroxyphthalide
Dimethothiazine
Diphenhydramine
Doxylamine
Isothipendyl
Ketotifen &-L, vai-
Mebhydrolin ~Atm
Meelozine
Methdilazine
Phenindamine
Promethazine
Terfenadine
Thenalidine
Trimeprazine
Tripelennamine
Substances being tetra-substituted N derivatives of ethylene-diamine or propylenediamine
Antihistamine substances other than the above; their salts; any compounds with such
substances; when contained in preparations for parenteral use
Antimony, chlorides of; organic compounds of; antimonates; antimonites
Antithymocyte Immunoglobulin
Apomorphine; its salts; its quaternary compounds
Aprindine; its salts
Arsenical substances, the following: halides of arsenic; organic compounds of arsenic; oxides of
arsenic; sulphides of arsenic; arsenates; arsenites; thioarsenates
Atenolol; its salts
Atracurium Besylate
Auranofin
Azacyclonol; its salts
Azapropazone
Azauridine; its derivatives
Aziridine; its derivatives
Baclofen
Barbituric acid; its salts; its derivatives; their salts; any compound with any substance falling within
this item
Befunolol; its salts
Benactyzine; its salts
Benoxaprofen; its salts





Benzethidine; its salts
Benzhexol; its salts
Benzoylmorphine; its salts
Benzquinarnide
Benztropine and its homologues; their salts
Benzydamine; its salts
BenzyImorphine; its salts
Betaxolol; its salts
Bethanidine; its salts
Bezafibrate
Bezitramide; its salts
N-[4, 4-Bis (para-fluorophenyl) butyll piperidine, 4-substituted derivatives of., their salts
Bitolterol; its salts
Bromocriptine; its salts
Bromvaletone
Bucolome
Bufexamac
Buformin; its salts
Bumadizone; its salts
Bumetanide; its salts; its derivatives; their salts
Bupranolol; its salts
Buprenorphine; its salts
Buserelin; its salts
Buspirone; its salts
Busulphan; its salts
Butorphanol; its salts
Butylchloral hydrate
>Cannabinol and its tetrahydro derivatives; their 3-alkyl homologues; any ester or ether of any
substance falling within this item
Cannabis; the resin of cannabis; extracts of cannabis; tinctures of cannabis; cannabin tannate
Cantharidin; cantharidates
Captodiarnine; its salts
Captopril
Caramiphen; its salts
Carbachol
Carbamazepine
Carboplatin
Carbromal
Carbutamide
Carisoprodol





Carmustine
Carperidine; its salts
Carprofen; its salts
Carteolol; its salts
Chloral; its addition and its condensation products; any compound with any substance falling
within this item
Chlordiazepoxide; its salts
Chlormethiazole; its salts
Chlormezanone
Chloroform
Chlorothiazide and other derivatives of benzo-1, 2, 4-thiadiazine-7-sulphonamide 1, I-dioxide,
whether hydrogenated or not; their salts
Chlorphenoxamine; its salts
Chlorphentermine; its salts
Chlorpropamide; its salts
Chlorprothixene and other derivatives of 9-methylenethiaxanthen; their salts
Chlorthalidone and other derivatives of ortho-chlorobenzenesulphonamide
Chlorzoxazone
Chymopapain
Cisplatin
Clioquinol
Clobazam
Clofibrate
Clomiphene; its salts
Clomipramine; its salts; its derivatives; their salts
Clonidine; its salts
Clonitazene; its salts
Clorexolone
Clorprenaline; its salts
Clothiapine
Colaspase
Collagen, purified
Corticotrophins
Corynebacterium parvum
Creosote obtained from wood
Croton, oil of
4-Cyano-2-dimethylamino-4, 4-diphenylbutane; its salts
4-Cyano-1-methyl-4-phenylpipeiidine; its salts
Cyclarbamate
Cyclobenzaprine; its salts





Cyclofenil
I -Cyclohexyl-3-para-toluenesulphonylurea (tolcyclamide)
Cyclosporin A
Cycrimine; its salts
Cytarabine; its salts
Dacarbazine
Deanol acetamidobenzoate
Debrisoquine; its salts
Dehydroemetine; its salts
Demecarium bromide
Desipramine; its salts
Desomorphine; its salts; its esters and ethers; their salts
DiacetyInalorphine; its salts
Diampromide; its salts
Diazepam and other compounds containing the chemical structure of dihydro-1, 4-benzodiazepine
substituted to any degree; their salts
Diazoxide
Diclofenac; its salts
Diethylaminoethylephedrine; its salts
Diethyl para-nitrophenyl phosphate
Difenoxin; its salts
Diflunisal
Digitalis, glycosides of; other active principles of digitalis
Dihydrallazine; its salts
Dihydrocodeine; its salts; its esters and ethers; their salts
Dihydrocodeinone; its salts
Dihydrocodeinone 0-carboxymethyloxime; its salts; its esters; their salts
Dihydrocodeinone enol acetate; its salts
Dihydromorphine; its salts; its esters and ethers; their salts
3-(3, 4-Dihydroxyphenyl) alanine; its salts
Dimenoxadole; its salts
Dimepheptanol; its salts; its esters and ethers; their salts
Dioxaphetyl butyrate; its salts
Diperodon; its salts
Diphenoxylate; its salts
Dipipanone; its salts
Disopyramide; its salts
Disulfiram
Dithienylallylamines; dithienylalkyallylamines; their salts
Dothiepin; its salts





Doxapram; its salts
Doxepin; its salts; its derivatives; their salts
Droperidol
Dyflos
l> Ecothiopate iodide
Ectylurea
Elaterin
Embutramide
Emylcamate
Enalapril; its salts
Erythrityl tetranitrate
Etafedrine; its salts
Ethacrynic acid; its salts
Ethambutol; its salts
Etlichlorvynol
Ethinamate
Ethionamide
Ethoglucid
Ethoheptazine; its salts
Ethylmorphine; its salts; its esters and ethers; their salts
EthyInoradrenaline; its salts
Etidronic acid; its salts
Etodolac
Etofibrate
Etomidate; its salts
Etonitazene; its salts
Etoposide
Etorphine; its salts; its esters and ethers; their salts
Etoxeridine; its salts
Etretinate
Fenbufen
Fencamfamin; its salts
Fenclofenac; its salts
Fendiline; its salts
Fenfluramine; its salts
Fenofibrate
Fenoprofen; its salts
Fenoterol; its salts
Fenoxazoline; its salts
Fentanyl; its salts





Fentiazac; its salts
Feprazone
Flecainide; its salts
Fluanisone
Flucytosine
Flufenarnic acid; its salts; its esters; their salts
Fluorouracil; its derivatives
Flupenthixol; its salts
Flurbiprofen
Fluspirilene
Flutamide
Frusemide
Furethidine; its salts
Gallamine; its salts; its quaternary compounds
Gemlibrozil
Glibenclamide
Glibornuride
Gliclazide
Glipizide
Gliquidone
Glutethimide; its salts
Glyceryl trinitrate
Glymidine
Guanabenz; its salts
Guanethidine; its salts
Guanfacine; its salts
Guanidines, the following---
polymethylene diguanidines; di-para-anisyl-para-phenetylguanidine; their salts
Halofuginone; its salts
Haloperidol and other 4-substituted derivatives of N-(3-para-fluorobenzoyl-propyl) piperidine
Hexamethylmelamine
Hexapropyrnate
Hydrallazine; its salts
Hydrazines, the following and their alpha-methyl derivatives-
Benzyl hydrazine
Phenethyl hydrazine
Phenoxyethyl hydrazine
their salts; their acyl derivatives; their salts
Hydrocyanic acid; cyanides, other than ferrocyanides and ferricyanides
Hydromorphinol; its salts; its esters and ethers; their salts





Hydromorphone; its salts; its esters and ethers; their salts
Hydroxycinchoninic acids; derivatives of, their salts; their esters
Hydroxy-N, N-dimethyltryptamines; their esters and ethers; any salt of any substance falling within
this item
3-Hydroxy-N-methylmorphinan; its salts; its optical isomers; their salts
3-Hydroxymorphinan; its salts; its optical isomers; their salts, their esters and ethers; their salts
3-Hydroxy-N-phenacylmorphinan; its salts; its optical isomers; their salts; their esters and ethers;
their salts
Hydroxypethidine; its salts; its esters and ethers; their salts
Hydroxyphenamate
Hydroxyurea
Hydroxyzine; its salts
Ibuprofen; its salts
Ifosfamide
Imipramine; its salts
Indomethacin; its salts
Indoprofen; its salts
Indoramin; its salts
Insulin
Interferons
1prindole; its salts
Isoaminile; its salts
Isoetharine; its salts
Isomethadone; its salts
Isoniazid; its salts; its derivatives; their salts; any compound with any substance falling within this
item
Isoprenaline; its salts
Isopyrin; its salts
Isotretinoin
Isoxicam; its salts
Ketamine; its salts
Ketobemidone; its salts; its esters and ethers; their salts
Ketoconazole
Ketophenylbutazone
Ketoprofen; its salts
Labetalol; its salts
Laudexium; its salts
Lead acetates; compounds of lead with acids from fixed oils
Lignocaine; its salts
Lithium carbonate





Lithium Sulphate
Lomustine
Lonazolac; its salts
Lorcainide; its salts
Loxapine; its salts
Lysergamide; its salts, simple or complex; its quaternary compounds
Lysergic acid; its salts, simple or complex; its quaternary compounds
Lysergide; its salts, simple or complex; its quaternary compounds
Lysuride; its salts
Mannityl hexanitrate
Mannomustine; its salts
Maprotiline; its salts
Mazindol
Mebezonium iodide
Mebutamate
Mecarnylamine; its salts
Meclofenamic Acid; its salts
Meclofenoxate; its salts
Mefenamic acid; its salts; its esters; their salts
Mefruside
Mephenesin; its esters; their salts
Mephenoxalone
Mepirizole
Meprobamate
alpha-Meprodine; its salts
beta-Meprodine; its salts
Mercaptopurine; its salts; its derivatives; their salts
Mercury, nitrates of, organic compounds of, oxides of, mercuric ammonium chloride; mercuric
chloride; mercuric iodide; mercuric oxycyanide; mercuric thiocyanate; potassiomercuric iodides
Mescaline; its salts; other derivatives of phenethylamine formed by substitution in the aromatic
ring; their salts
Metaxalone
Metazocine; its salts; its esters and ethers; their salts
Metergoline
Metformin; its salts
Methadone; its salts
Methadyl acetate; its salts
Methaqualone; its salts
Methixene; its salts
Methocarbamol





Methorphan; its salts; its optical isomers; their salts
Methoxsalen
Methoxyphenamine; its salts
Methylaminoheptane; its salts
MethyIdesorphine; its salts; its esters and ethers; their salts
MethyIdihydromorphine; its salts; its esters and ethers; their salts
Methyldopa; its esters; their salts
2-Methyl-3-morpholino- 1, I-diphenylpropanecarboxylic acid; its salts; its esters; their salts
Methylpentynol; its derivatives
alpha-Methylphenethylamine; beta-methylphenethylamine; alpha-ethylphenethylamine; beta-
ethylphenethylamine; their optical isomers; any synthetic compound structurally derived from
any of those substances by substitution in the aliphatic part or by ring closure therein (or by both
such substitution and such closure) or by substitution in the aromatic ring (with or without
substitution at the nitrogen atom), except hydroxyamphetamine, methoxyphenamine,
pholedrine, pren~ and N-substituted derivatives of ephedrine; any salt of any substance
falling within this item
Methylphenidate; its salts
1-Methyl-4-phenylpiperidine-4-carboxylic acid; its salts; its esters; their salts
Methyprylone
Metipranolol; its salts
Metoclopramide; its salts
Metolazone
Metopon; its salts; its esters and ethers; their salts
Metoprolol; its salts
Mexiletine; its salts
Mianserin; its salts
Minoxidil
Mitobronitol
Mitopodozide; its salts
Mitotane
Mitoxantrone; its salts
Mofebutazone; its salts
Molindone; its salts
Moramide; its salts; its optical isomers; their salts
Morpheridine; its salts
Mustine and any other N-substituted derivative of di-(2-chloroethyl)amine; their salts
Muzolimine
Myrophine; its salts
Myrtecaine; its salts
Nadolol; its salts
Nalbuphine; its salts
Nalorphine; its salts





Naproxen; its salts
Nedocromil; its salts
Nefopam; its salts
Niclofolan
Nicocodine; its salts
Nifedipine
Nifenazone
Niflumic Acid; its salts
Nimodipine
Nitrendipine
Nitromethaqualone; its salts
Nomifensine; its salts
Noracymethadol; its salts
Noramidopyrine methanesulphonate; its salts
Norcodeine; its salts; its esters and ethers; their salts
Norfloxacin; its salts; its esters
Normethadone; its salts
Normorphine; its salts; its esters and ethers; their salts
Norpipanone; its salts
Nortriptyline; its salts
Ofloxacin; its salts; its esters
Opipramol; its salts; its derivatives; their salts
Opium
Orciprenaline; its salts
Orphenadrine; its salts
Orthocaine; its salts
Ouabain
Oxalic acid; its salts other than quadroxalates
Oxanamide
Oxethazaine; its salts
Oxolamine; its salts
Oxprenolol; its salts
Oxycinchoninic acid; its derivatives; their salts; their esters
Oxycodone; its salts; its esters and ethers; their salts
Oxymorphone; its salts; its esters and ethers; their salts
Oxypertine
Oxyphenbutazone
Oxytocins
Pancuronium; its salts





Paraldehyde
Paramethadione
Pargyline; its salts
Pemoline; its salts
Pernpidine; its salts
Penbutolol; its salts
Penicillamine; its salts
Pentazocine; its salts
Pentolinium; its salts
Phenacemide
Phenacctin
Phenadoxone; its salts
Phenaglycodol
Phenampromide; its salts
Phenazoeine; its salts; its esters and ethers; their salts
Phenbutrazate
Phencyclidine; its salts
Phenetidylphenacctin
Phenformin; its salts
Phenols (any member of the series of phenols of which the first member is phenol and of which the
molecular composition varies from member to member by 1 atom of carbon and 2 atoms of
hydrogen) except in substances containing less than 60%, weight in weight, of phenols;
compounds of phenol with a metal, except in substances containing less than the equivalent of
60%, weight in weight, of phenols
Phenomorphan; its salts; its esters and ethers; their salts
Phenoperidine; its salts; its esters and ethers; their salts
Phenothiazine; its salts; its derivatives (except dimethoxanate); their salts (except salts of
dimethoxanate); any compound with any substance falling within this item
Phenprenazone
Phenprobarnate
Phenylbutazone; its salts
2-Phenyleinchoninic acid; 2-salicylcinchoninic acid; their salts; their esters
5-Phenylhydantoin; its alkyl and aryl derivatives; their salts
4-Phenylpiperidine-4-carboxylic acid ethyl ester; its salts
Pholcodine; its salts; its esters and ethers; their salts
Picric acid
Picrotoxin
Piminodine; its salts
Pipobroman
Piritramide; its salts
Piromidic acid; its salts





Piroxicam
Pirprofen; its salts
Pituitary gland, the active principles of, other than corticotrophins, oxytocins and vasopressins
Podophyllum resin
Polymethylenebistrimethylammonium salts
Pramoxine; its salts
Prazosin; its salts
Primidone
Prindolol; its salts
Probucol
Procainamide; its salts
Procarbazine; its salts
Procaterol; its salts
Procyclidine; its salts
alpha-Prodine; its salts
beta-Prodine; its salts
Proglumetacin; its salts
Proheptazine; its salts
Promoxolane
Propafenone; its salts
Propanidid
Propofol
Propoxyphene; its salts; its optical isomers; their salts
Propranolol; its salts; its derivatives; their salts
Propylhexedrine; its salts
Proquazone
Prostaglandins, the following and their derivatives-
Alprostadil
Dinoprost
Dinoprostone
Misoprostol
their salts; their esters
Prothionamide
Prothipendyl; its salts
Protriptyline; its salts; its derivatives; their salts
Pyrazinamide
PyrithyIdione
Quinethazone
Quinidine; its salts
Quinine; its salts; its derivatives; their salts





Reproterol; its salts
Rimiterol; its salts
Rosoxacin; its salts
Salbutamol; its salts
Savin, oil of
Sodium cromoglycate
Sotalol; its salts
Spironolactone
Strophanthus, glycosides of
Styramate
Sulindac
Sulphinpyrazone
Sulphonal; alkyl sulphonals
Sulpiride
Sultopride
Suprarenal gland, the active principles of, their salts; their derivatives; their
salts
Sutoprofen; its salts
Suxamethonium; its salts
Syrosingop-e
Tamoxifen; its salts
Teniposide
Terazosin; its salts
Terbutaline; its salts
Tetrabenazine; its salts
Tetracosatrin; its salts
Thalidomide; its salts
Thallium, salts of
Theofibrate
Thiacetazone
Thiocarlide; its salts
Thiotepa
Thyroid gland, the active principles of; their salts
Ticlopidine; its salts
Tilidate; its salts
Timolol; its salts
Tinoridiner; its salts
Todralazine; its salts
Tofernacin; its salts
Tolazamide





Tolbutamide
Tolfenamic Acid; its salts
Tolmetin; its salts
Tolperisone; its salts
Tramadol; its salts
Tranylcypromine; its salts
Trazodone; its salts
Tretamine; its salts
Trianiterene; its salts
Triaziquone
Tribromoethyl alcohol
2, 2, 2-Trichloroethyl alcohol, esters of; their salts
Trilostane
Trimeperidine; its salts
Trimetaphan; its salts
Trimethadione
Trimetozine
Trimipramine; its salts
Trioxsalen
Tybamate
Urapidil; its salts
Urethane
Valnoctamide
ValpToic acid; its salts; its esters
Vasopressins
Verapami~ its salts
Vencuronium; its salts
Viloxazine; its salts
Vindesine; its salts
Zidovudine
Zimelidine; its salts
Zomepirac; its salts
Zoxazolarnine; its salts
B
Alkali fluorides other than those specified in Part II of this
list
Barium, salts of, except barium sulphate
alpha-Chorohydrin 3-chloro-1, 2-Propanediol





Chlorophacinone 2-[(p-chlorophenyl) phenyl-
acetyll-1, 3-indandione
Coumachlor 4-hydroxy-3-13-oxo-l-(p-
chloropheny)-butyll coumarin
Coumafuryl 3-(ot-acetonylfurfuryl)-4-
hydroxycournarin
Cournatetralyl 3-a-tetralyl-4-hydroxycoumarin
Crimidine 2-chloro-4-(dimethylami-
no)-6-methylpyrimidine
Difenacourn 3 (3-p-diphenyl- 1, 2, 3, 4-
tetrahydronaphth-l-yl)-
4-hydroxycoumarin
Dimetilan
Dinitrocresols (DNOC); their compounds with a metal or 2-methyl-4, 6-dinitrophenol
base, except preparations for use in agriculture or (dinitrocresol)
horticulture
Dinitronaphthols; dinitrophenols; dinitrothymols
Diphacinone 2-diphenylacetyl-l, 3-indandione
Fluoroacetamide; fluoroacetanilide
Hexachlorophane, the following-
(a) medicinal products for human use containing
more than 0. 1 % hexachlorophane;
(b) preparations for animal use-
(i) aerosols the contents of the container of
which contain more than 0.1%
hexachlorophane;
(ii) soaps and shampoos containing more than
2% hexachlorophane;
(iii) other medicinal products (except those for
oral administration to sheep or cattle for liver
fluke disease) containing more than 0.75%
hexachlorophane
Monofluoroacetic acid; its salts
meta-Nitrophenol; orthonitrophenol; paranitrophenol
Organo-tin compounds, the following-
Compounds of fentin
Phosmet
Phosphorus, yellow
Pindone 2-pivalyM, 3-indandione
Pyriminil N-3-pyridyImethyPN'-p-
nitrophenylurea
Sulphuric acid, except substances containing not more than
70%, weight in weight, of sulphuric acid
Valone 2-isovaleryM, 3-indandione
Warfarin 3-(a-acetonylbenzyl)-4-
hydroxycournarin





Zinc phosphide
(L.N. 138 of 1978; L.N. 370 of 1980; L.N. 416 of 1984; L.N. 130 of 1986; L.N. 131 of 1987;
L.N. 198 of 1989)

PART II

A

Antihistamine substances not included in Part I of this List; their salts; their compounds with any
other substance
alpha-Chloralose
Pharmaceutical products retailed in the form as supplied by the manufacturer, containing a poison
listed in Part IA of this List, (excepting pharmaceutical products containing any poison
appearing in the Third Schedule to Pharmacy & Poisons Regulations (Cap. 138 sub. leg.)) where
the proportion of such poison does not exceed the equivalent of 0.01% by weight of arsenic
trioxide, cantharidin, cocaine, coniine, ecgonine, hydrocyanic acid, strychnine, alkaloids of
aconite, alkaloids of coca and alkaloids of gelsemium, solution of mercurochrome for external
use only containing not more than 2 %, weight in volume, of mercurochrome and 0. 1 % in the
case of other poisons
Phenols as defined in Part I of this List in substances containing less than 60%, weight in weight, of
phenols; compounds of phenol with a metal in substances containing less than the equivalent of
60%, weight in weight, of phenols.

B

Ammonia
Bendiocarb (2, 3-isopropylidenedioxyphenyimethylearbamate)--
(a)liquid preparations, solutions or mixtures containing not more
than 0.5% by weight of bendiocarb
(b)aerosols containing not more than 0.5% by weight of
bendiocarb
gamma-Benzene hexachloride (1, 2, 3, 4, 5, 6-hexachlorocyclohexane)
Carbaryl
Chlordane (1, 2, 4, 5, 6, 7, 10, 10-octachloro-4, 7, 8, 9-tetrahydro-4, 7-methyleneindene)
alpha-Chlorohydrin preparations made up ready for the destruction of rats and mice
Chlorophacinone preparations made up ready for the destruction of rats and mice
Cournachlor preparations made up ready for the destruction of rats and mice
Coumafuryl preparations made up ready for the destruction of rats and mice
Coumatetralyl preparations made up ready for the destruction of rats and mice
Crimidine preparations made up ready for the destruction of rats and mice
Diamines, the following; their salts-
Phenylene diamines; toluene diamines; other alkylated-benzene diamines
Diazinon (a) other than in a liquid, powder or granular form; or
(b) contained in an aerosol dispenser
Dichlorvos (a) other than in a liquid, powder or granular form; or
(b) contained in an aerosol dispenser
Dicophane (1, 1, 1 -tichloro-2, 2-di-(4-chlorophenyl) ethane)
Difenacourn preparations made up ready for the destruction of rats and mice





Dimetilan (2-dimethylcarbamoyl-3-methyl-5-pyrazolyl dimethyl-carbamate)
preparations in the form of fly blotters containing not more than
2.5% of dimetilan
Diphacinone preparations made up ready for the destruction of rats and mice
Formaldehyde
Formic acid
Hydrochloric acid
Hydrofluoric acid; alkali fluorides; alkali metal bifluorides; ammonium bifluorides; sodium
silicofluoride
Malathion (a) other than in a liquid, powder or granular form; or
(b) contained in an aerosol dispenser
Metallic oxalates
Nitric acid
Nitrobenzene
Phosphoric acid
Pindone preparations made up ready for the destruction of rats and mice
Potassium hydroxide
Products retailed in the form as supplied by the manufacturer, containing a poison listed in Part 1B
of this List, where the proportion of such poison does not exceed the equivalent of 0. 1 %
Pyrimmil preparations made up ready for the destruction of rats and mice
Sodium hydroxide
Sodium nitrite
Valone preparations made up ready for the destruction of rats and mice
Warfarin preparations made up ready for the destruction of rats and mice
Zinc Phosphide preparations made up ready for the destruction of rats and mice
(L.N. 138 of 1978)

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/2665

Edition

1964

Volume

v11

Subsequent Cap No.

138

Number of Pages

20
]]>
Tue, 23 Aug 2011 18:09:50 +0800
<![CDATA[PHARMACY AND POISONS REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2664

Title

PHARMACY AND POISONS REGULATIONS

Description






PHARMACY AND POISONS REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation 0 age

PART I

PRELIMINARY

1 Citation.................................. ... ... ... ... ... . ... A 4

2. Interpretation ............................. ... ... A 4

3. Application of section 22 restricted to the First Schedule ... ... ... ... A 5
4. Extension of labelling provisions and relaxation with respect to poisons in the

Sixth Schedule ... ... ... ... ... ... . 1 . ... ... ... ... ... ... A 5

5. Extension of section 22 to sales wholesale etc. and relaxation of the section ... A 5
6. Relaxation of section 28(3) in the case of certain medicines ... ... ... - A 7
7. Exemption from the provisions relating solely to the First Schedule ... ... ... A 7
8. Complete exemption for articles and substances in the Second Schedule ... ... A 7

PART 11

ADDITIONAL RESTRICTIONS ON THE SALE OF POISONS

9.................................Additional restriction of sale of poisons in the Third Schedule ... ... ... A 7

10............................Restriction of sales by listed sellers of poisons .1 . ... ... ... ... A 8

10A.....................................Prohibition on dispensing of prescriptions by listed sellers of poisons A 8

11...................Restriction of sale of strychnine ... ... ... ... ... ... ... ... ... A 8

PART III

SUPPLEMENTARY PROVISIONS WITH RESPECT To
LABELLING
AND CONTAINERS

12...................Manner of labelling containers ... ... ... ... ... ... ... ... - A9

13.................Labelling of name of poison ... ... ... ... ... ... ... ... ... - A 9

14..............................Labelling of particulars as to proportions of the poison ... ... ... ... A 10

15.....................'Poison' to be in English and Chinese - . 1. .. 1 ... ... ... ... A10

16..........................Special precautions in the case of certain articles .. ... ... ... ... ... A 11

17.....................Name of seller and address of premises ... ... ... ... ... ... ... ... A 11

18.............Form of containers ...... ... ... ... .. ... ... ... ... ... ... ... A 12

PARTIV

STORAGE AND TRANSPORT

19.............Storage of poisons ........ ... ... ... . ... ... ... ... ... ... A 12
20.............Transport of poisons .... ... ... ... ... ... ... ... ... ... ... ... A 13

21. Special provisions with respect to the transport of poisons in the Seventh







Schedule................................ ... ... ... ... ... ... ... ... A
13





Regulation Page
PART V

SPECIAL PROVISIONS WITH RESPECT TO
INSTITUTIONS

22. Supply of medicines to out-patients from certain institutions, etc . ... ... ... A 13
23. Supply of medicines for use in institutions, etc . ... ... ... ... ... ... ... A 14
24. Storage of poisons in institutions ... ... ... ... ... ... ... ... ... ... A 14

PART VA

LISTED SELLERS OF
POISONS

24A...........................Applications to be entered on list under section 25 ... ... ... ... ... A 15

PARTVB

REGISTRATION OF
PREMISES

24B. Applications to register premises under section 13
24C.......................Certificate of registration under section 13 ... ... ... ... ... ... ... A 16

PART VI

WHOLESALE
DEALERS

25......................Sale and supply of poisons wholesale ... ... ...

26. Pharmacy and Poisons (Wholesale Licences) Committee

27.................Sales by wholesale dealers ... ... ... ... ...

28......................Records to be kept by wholesale dealer ... ... ... ... ... ... ... ... A 17

PART VII

MANUFACTURERS

29.................Licensing of manufacturers ... ... ... ... ... ... ... ... ... ... A 19

30. Manufacture to be under supervision of a registered pharmacist ... ... ... A 19

31.................Labelling by manufacturers ... ... ... ... ... ... ... ... ... ... A 20

32..........................Manufacturing workers not to infect products ... ... ... ... ... ... A 21

33...............Duties of manufacturers .... ... ... ... ... ... ... ... ... ... ... A 21
34...............Manufacturer's premises .... ... ... ... ... ... ... ... ... ... ... A 21

35......................Records to be kept by manufacturers ... ... ... ... ... ... ... ... A 22

PART VIII

REGISTRATION OF PHARMACEUTICAL PRODUCTS AND
SUBSTANCES

36..............................Registration of pharmaceutical products and substances ... ... ... ... A 22

36A.....[Spent] .......................... ... ... ... ... ... ... ... ... ... A 24

36B..................Clinical trials and medicinal tests ... ... ... ... ... ... ... ... ... A 24











Regulation.................................. Page

36C. Definition of 'pharmaceutical product and 'substance' for the purposes of this

Part ................................ ... ... ... ... ... ... ... ... A 24

36D. Duplicate certificates ... ... ... ... . ... ... ... ... ... ... ... ... ... A 24

37. Factors relevant to determination of application for registration ... ... ... A 25

PART VIIIA

REGISTRATION OF IMPORTERS AND EXPORTERS

37A.........................Application for registration under section 28A ... ... ... ... ... ... A 26

PART IX

SALE OF MEDICINES

38......................Disclosure of composition of medicines ... ... ... ... ... ... ... ... A26

PART X

MISCELLANEOUS

39...................Period of keeping of records . ~ . ... ... ... ... ... ... ... ... ... A 28

40........Penalties ...................... ... ... ... ... ... ... ... ... ... A 28

41.................Certificates, forms and fees ... ... ... ... ... ... ... ... ... ... A 29

42...............Transitional provisions .... ... ... ... ... ... ... ... ... ... ... A 29

SCHEDULES

First Schedule. Substances failing within the Poisons List to which special restrictions

apply under regulations 3 and 5 ... ... ... ... ... ... ... ... A 29

Second Schedule.Articles exempted by regulation 8 from the provisions of the Ordinance

and of these regulations ........ ... ... ... ... ... ... A43

Third Schedule.Substances required by regulation 9 to be sold by retail only upon a
prescription given by a registered medical practitioner, registered

dentist or duly qualified veterinary surgeon ... ... ... ... ... A 48

Fourth Schedule. Statement of particulars as to proportion of poison in certain cases

permitted by regulation 14(a) ... ... ... ... ... ... ... ... A 57

Fifth Schedule. Indication of statement prescribed by regulation 15 for the purposes of

section 27(c) of the Ordinance ... ... ... ... ... ... ... ... A 60

Sixth Schedule. Poisons exempted by regulation 4 from labelling provisions when sold

or supplied in certain circumstances ... ... ... ... ... ... A 62

Seventh Schedule.Poisons required by regulation 21 to be specially labelled for

transport ...................... ... ... ... ... ... ... ... A 62







Eighth Schedule..Forms ..................... ... ... ... ... ... ... ... ... A 63

Ninth Schedule...Fees ............................ ... ... ... ... ... A 81





PHARMACY AND POISONS REGULATIONS

(Cap. 138, section 29)

[1 July 1978.]

PART 1

PRELIMINARY

1. These regulations may be cited as the Pharmacy and Poisons
Regulations.

2. (1) In these regulations, unless the context otherwise requires

'antimonial poisons- means organic and inorganic compounds of
antimony;

'arsenicsl poisons' means organic and inorganic compounds of
arsenic;

'British Pharmaceutical Codex', 'British Pharmacopoeia', 'British
National Formulary' and 'British Veterinary Codex' include the
supplements thereto;

'food' includes a beverage;

'medicine for the internal treatment of human and animal ailments'
includes any medicine to be administered by injection, but does
not include any mouth-wash, eye-drops, eye-lotion, ear-drops,
nasal drops, douche or similar article;

'Tribunal' means the Pharmacy and Poisons Appeal Tribunal
established by section 30 of the Ordinance;

veterinary institution' means a veterinary hospital, veterinary clinic or
other premises where sick animals are treated.

(2) In these regulations any reference to an alkaloid shall include a
reference to any salt of that alkaloid, and, in a case where the esters of
an alkaloid are included in the Poisons List by virtue of the words 'its
esters', to any esters of that alkaloid.

(3) Any reference in the Schedules to these regulations to the
percentage of a poison contained in any substance or preparation shall,
unless otherwise expressly provided, be construed in the following
manner, that is to say, a reference to a substance or preparation
containing 1 per cent of any poison means

(a)in the case of a solid, that 1 gramme of the poison is
contained in every 100 grammes of the substance or
preparation;





(b)in the case of a liquid, that 1 millilitre of the poison, or, if the
poison itself is a solid, 1 gramme of the poison, is contained in
every 100 millilitres of the substance or preparation,

and so in proportion for any greater or less percentage.

(4) Substances listed under the headings 'A' in the Schedules to
these regulations are those whose uses are essentially medicinal, whilst
substances listed under the headings 'B' are not normally used
medicinally.

(5) Where in these regulations reference is made to a numbered
section the reference shall be a reference to that section of the
Ordinance.

(6) Where functions are conferred on a committee by any provision
of these regulations, references in such provision to 'the Committee'
shall be construed as references to the executive committee established
under section 4A of the Ordinance for the purpose of performing such
functions.

3. Section 22 (which sets out the person to whom poisons included
in Part 1 of the Poisons List may be sold and which requires the making
of entries in the poisons book) shall apply to substances included in
the First Schedule other than those substances included in the Third
Schedule.

4. (1) Subject to paragraph (2), the provisions of section 27 and
regulations 12 to 17 (which provisions relate to the labelling of poisons)
shall apply to sales exempted by section 32, and shall also apply to the
supply of poisons (otherwise than on sale) and references in those
provisions to the sale and the seller of poisons shall be deemed to refer
to the supply and the supplier of poisons respectively.

(2) In the case of the sale or supply of any of the poisons included
in the Sixth Schedule to a person who

(a)carries on a business in the course of which poisons are
regularly sold by way of wholesale dealing or are regularly
used in the manufacture of other articles; and

(b) requires the poison for the purpose of that business,

if the outside of the package in which the poison is sold or supplied is
labelled conspicuously with words indicating the dangerous properties
of the poison, it shall be necessary to comply only with regulation 15
and section 27(a) and section 27(d) (as modified by regulation 17).

5. (1) Section 22 shall apply to sales exempted by section 32, except
sales of poisons to be exported to purchasers outside Hong Kong, and
shall also apply to the supply in the form of a commercial sample,
otherwise than on sale, of any substance included in the First Schedule
in like manner as if references in section 22 to the sale and seller of
poisons respectively included references to the supply and the supplier
of poisons in the form of commercial samples:





Provided that section 22 shall not apply to the sale or supply of
any article by the manufacturer thereof or by a person carrying on a
business in the course of which poisons are regularly sold by way of
wholesale dealing, if

(a)the article is sold or supplied to a person carrying on a
business in the course of which poisons are regularly sold or
are regularly used in the manufacture of other articles; and

(b)the seller or supplier is reasonably satisfied that the purchaser
requires the article for the purpose of that business.

(2) Section 22(1) shall, in its application to sales exempted by
section 32 and to the supply in the form of commercial samples of
substances included in the First Schedule, be deemed to be satisfied if
the person to whom the poison or sample is sold or supplied is known
by the person in charge of the department of the business through
which the sale or supply is effected to be a person to whom the poison
or sample may properly be sold or supplied.

(3) Subject to paragraph (4), so much of section 22(3)(b) as requires
an entry in the poisons book to be signed by the purchaser of a poison
shall not, as respects the sale of a poison to a person for the purpose of
his trade, business or profession, apply if the following requirements are
satisfied

(a)the seller shall obtain before the completion of the sale an
order in writing signed by the purchaser stating his name and
address, trade, business or profession, the name and quantity
of the article to be purchased, and the purpose for which it is
required;

(b)the seller shall be reasonably satisfied that the signature is
that of the person purporting to have signed the order, and
that that person carries on the trade, business or profession
stated in the order, being one in which the poison to be
purchased is used; and

(c)if the article sold is sent by post, it shall be sent by registered
post.

(4) Where a person represents that he urgently requires a poison
for the purpose of his trade, business or profession, the seller may, if he
is reasonably satisfied that the person so requires the poison and is, by
reason of some emergency, unable before delivery either to furnish to
the seller an order in writing duly signed or to attend and sign the entry
in the book, deliver the poison to the purchaser on an undertaking by
the purchaser to furnish such an order within 48 hours next following.

(5) Any purchaser by whom an undertaking under paragraph (4)
has been given who fails to deliver to the seller a signed order in
accordance with the undertaking, or any person who for the purpose of
obtaining delivery of any poison makes a statement which is to his
knowledge false in any material particular shall be guilty of an offence
and shall be liable on conviction to a fine of $10,000 and to
imprisonment for 12 months.





(6) In the case of a sale or the supplying of a poison included
in the First Schedule to an institution such of the provisions of this
regulation as require the purchaser to state his trade, business or
profession and the seller to be satisfied with respect thereto shall not
apply and for the reference in paragraph (4) to the purposes of the
purchaser's trade, business or profession there shall be substituted in
the case of any such sale a reference to the name of the institution
and the full name and rank or position held at the institution of the
person making the order.

6. The requirements of section 28(3) (which requires particu-
lars of medicines supplied or dispensed under that section to be
entered in a book) shall be satisfied in respect of medicines included
in the First Schedule, but need not be satisfied in respect of other
medicines which are supplied by-
(a)a registered medical practitioner for the purposes of medi-
cal treatment; or
(b)an authorized seller of poisons on and in accordance with a
prescription given by a registered medical practitioner.

7. The provisions of these regulations and of the Ordinance
(as modified by these regulations) which apply solely to the sub-
stances in the First Schedule shall not apply to-
(a) machine-spread plasters;
(b) surgical dressings;
(e)articles containing barium carbonate or zinc phosphide
prepared for the destruction of rats and mice; or
(d)corn paints in which the only poison is a poison included in
the Poisons List under the heading 'Cannabis'.

8. (1) Subject to paragraph (2), nothing in the Ordinance or
these regulations shall apply---
(a) to any article in Group 1 of the Second Schedule; or
(b)to any of the articles or substances specified in the second
column of Group 11 of the Second Schedule opposite the
description of the poison specified in the first column
thereof.
(2) Notwithstanding paragraph (1)(b), Parts VII, VIII, VIIIA,
IX and X of these regulations shall apply to every article or sub-
stance referred to in that paragraph, that is a pharmaceutical pro-
duct within the meaning of the Ordinance.

PART II

ADDITIONAL RESTRICTIONS ON THE SALE OF POISONS

9. (1) No person shall sell any poison included in the Third
Schedule, except on and in accordance with a prescription given by
a registered medical practitioner, registered dentist or duly qualified
veterinary surgeon.





(2) This regulation shall apply to the sale of any such poison,
including a medicine exempted by section 28, but shall not apply to any
sale exempted by section 32.

(3) For the purposes of this regulation a prescription shall-

(a)be in writing and be signed by the person giving it with his
usual signature and be dated by him;

(b) specify the address of the person giving it;

(e)specify the name and address of the person for whose
treatment it is given or, if the prescription is given by a duly
qualified veterinary surgeon, of the person to whom the
medicine is to be delivered;

(d) have written thereon, if given by a dentist, the words 'For
dental treatment only or, if given by a duly
qualified veterinary surgeon, the words 'For animal treat-
ment only and

(e)indicate the total amount of the medicine to be supplied and
the dose to be taken or administered.

(4) The person dispensing the prescription shall comply with the
following requirements

(a)the prescription shall not be dispensed more than once unless
the prescriber has directed either

(i) that it may be dispensed a stated number of times; or

(ii) that it may be dispensed at stated intervals;

(b)if the prescription contains a direction that it may be dispensed
a stated number of times or at stated intervals, it shall not be
dispensed otherwise than in accordance with the direction;

(e)at the time of dispensing there shall be noted on the
prescription above the signature of the prescriber the name and
address of the seller and the date on which the prescription is
dispensed; and

(d)except in the case of a prescription which may be dispensed
again, the prescription shall, for a period of 2 years, be retained
and kept on the premises on which it was dispensed in such
manner as to be readily available for inspection.

10. No listed seller of poisons shall sell any poison other than a
solution of ammonia, hydrochloric acid, nitric acid, potassium
quadroxalate or sulphuric acid, except in a closed container as closed by
the manufacturer or other person from whom the poison was obtained.

10A. No listed seller of poisons shall dispense any prescription for
medicine.

11. (1) No person shall sell or supply strychnine except as an
ingredient in a medicine.





(2) This regulation shall extend to transactions exempted by
section 32, but shall not apply to the sale of strychnine

(a) by way of wholesale dealing;

(b) to be exported to purchasers outside Hong Kong;

(c)for the purpose of being compounded in medicines prescribed
or administered by a registered medical practitioner or duly
qualified veterinary surgeon; or

(d)to a person or institution concerned with education, scientific
research or chemical analysis, for the purpose of that
education, research or analysis.

PART III

SUPPLEMENTARY PROVISIONS WITH RESPECT To
LABELLING
AND CONTAINERS

12. (1) Subject to paragraphs (2) and (3), the particulars with which
the container of a poison is required to be labelled under section 27 and
under these regulations, shall appear in a conspicuous position on the
container in which the poison is sold and on every box or other
covering of whatever nature enclosing the container, and the particulars
shall be clearly and distinctly set out and not in any way obscured or
obliterated.

(2) Where the poison is contained in a cachet or similar article it
shall not be necessary to label the article itself, if evey box or other
covering in which the article is enclosed is labelled in accordance with
paragraph (1).

(3) Nothing in section 27 or in this regulation or regulations 13 to
17 shall be deemed to require the labelling of any transparent cover or
any wrapper, hamper, packing case, crate or other covering used solely
for the purposes of transport or delivery.

13. (1) For the purposes of section 27(a) and regulation 22(3)(a), the
name of a poison shall be the term under which it is included in the
Poisons List:

Provided that, where the term describes a group of poisons and
not the poison specifically, the name of the poison shall be

(a)if the poison is the subject of a monograph in either the British
Pharmacopoeia, the British Pharmaceutical Codex or the British
Veterinary Codex, one of the names or synonyms or
abbreviated names set out at the head of the monograph; or

(b) in any other case, the accepted scientific name or the name
descriptive of the true nature and origin of the poison.

(2) For the purposes of the proviso to paragraph (1), where-

(a)a substance is the subject of a monograph in the British
Pharmacopoeia, the British Pharmaceutical Codex or the





British Veterinary Codex, or any dilution, concentration or
admixture of such substance; or

(b)a preparation is contained in the British Pharmacopoeia, the
British Pharmaceutical Codex, the British National Formulary
or the British Veterinary Codex, or any dilution, concentration
or admixture of such preparation; or

(c)a surgical dressing of a type for which a standard is
prescribed in the British Pharmaceutical Codex,

it shall be sufficient to state the name, synonym or abbreviated name
used to describe the substance, preparation or surgical dressing with
the addition of the letters B.P., B.P.C., B.N.F. or B. Vet. C., as the case
may be.

14. For the purpose of section 27(b) (which requires preparation
containing poisons to be labelled with particulars as to the proportion
of each poison therein)

(a)in the case of a preparation containing a poison specified in
the first column of the Fourth Schedule, it shall be sufficient to
state on the label the particulars specified in the second
column of that Schedule against the description of the poison;

(b)in the case of a substance, preparation or surgical dressing
which is named in accordance with regulation 13(2), it shall
not be necessary to state on the label the proportion of the
poison contained in the substance, preparation or surgical
dressing, and in the case of any dilution, concentration or
admixture of such substance or preparation it shall be
sufficient to state the proportion which the substance or
preparation bears to the total ingredients of that dilution,
concentration or admixture;

(c)where the poison is in tablets, pills, cachets, capsules,
lozenges or similar articles, it shall be sufficient to state on the
label of the box or other covering in which the articles are
enclosed the number of the articles and the amount of the
poison, or in the case of a preparation or substance mentioned
in paragraph (b), the amount of the preparation or substance,
contained in each article;

(d)where the poison is in ampoules it shall be sufficient to show
the name of the poison contained in it together with, either its
concentration (if in solution or in emulsified form), or the
quantity (if in solid form); and

(e)where any proportion is stated as a percentage, the statement
shall indicate whether the percentage is calculated on the
basis of weight in weight, weight in volume, or volume in
volume.

15. (1) The word 'poison' or other statement as specified in the
Fifth Schedule with which a container of a poison is required to be
labelled pursuant to section 27(c) shall be printed clearly in both English
and Chinese.





(2) The container of any article specified in the Fifth Schedule shall,
instead of being labelled with the word 'Poison *M' be labelled with
the words specified in that Schedule as applicable to that article.

(3) The words referred to in paragraph (2) or the word 'Poison **',
as the case may be, shall not be modified in meaning by the addition of
any other words or marks, and

(a)in the case of a substance included in the First Schedule, shall
either be in red lettering or be set against a red background;
and

(b)in all cases shall either be on a separate label or be surrounded
by a line within which there shall be no other words except
words with which the container of the poison is required to be
labelled under the Ordinance or these regulations.

16. (1) No person shall sell or supply any poison-

(a)in the case of a liquid other than a medicine, in a container of a
capacity of not more than 2 litres, unless the container is
labelled with the words 'Not to be taken and

(b)in the case of an embrocation, liniment, lotion, liquid
antiseptic, or other liquid medicine for external application,
unless the container is labelled with the type of preparation
and the words 'For external use only

(2) No person shall sell or supply any compressed hydrocyanic
acid, unless the container thereof is labelled with the words ' Warning.
This container holds poisonous gas and should only be opened and
used by persons having expert knowledge of the precautions to be
taken in its use.

(3) This regulation shall be in addition to the other requirements of
the Ordinance and of these regulations with respect to labelling and
shall apply to the transactions referred to in sections 28 and 32, but shall
not apply to the sale or supply of poisons to be exported to purchasers
outside Hong Kong.

17. (1) Section 27(d) (which requires the container of a poison to
be labelled with the name of the seller and the address of the premises
on which it was sold) shall apply to the transactions referred to in
section 32, but shall not apply

(a)in the case of an article sold for the purpose of being sold
again in the same container; or

(b)to poisons to be exported to purchasers outside Hong Kong.

(2) The requirements of section 27(d) shall be deemed to be
satisfied, in the case of a poison supplied from a warehouse or depot, if
the container of the poison is labelled with the address of the supplier's
principal place of business.





(3) Where any poison (other than a substance included in the First
Schedule) is sold in a container and outer covering, being the container
and covering in which it was obtained by the seller, it shall be sufficient
if the name of the seller and the address of the premises on which it was
sold appear only on the outer covering.

(4) Where the names of more than one person or more than one
address appear on any label, there shall also be words on the label
indicating clearly which person is the seller and at which of the
addresses the poison was sold.

18. (1) No person shall sell, whether wholesale or retail, or supply
any poison unless

(a)it is contained in a container impervious to the poison and
sufficiently stout to prevent leakage arising from the ordinary
risks of handling and transport; and

(b)in the case of a liquid contained in a glass bottle or plastic
container containing not more than 2 litres, not being a
medicine made up ready to be taken for the internal treatment
of human or animal ailments, the outer surface of the bottle or
container is fluted vertically with ribs or grooves recognizable
by touch.

(2) Paragraph (1)(a) shall apply to the transactions referred to in
section 28, and paragraph (1)(b) shall apply to the transactions
exempted by section 32 but shall not apply to the sale or supply of
poisons to be exported to purchasers outside Hong Kong.

PART IV

STORAGE AND TRANSPORT

19. (1) No person shall store any poison except in a container
impervious to the poison and sufficiently stout to prevent leakage from
the container arising from the ordinary risks of handling.

(2) No person shall store any substance included in the First
Schedule in any retail shop or premises used in connexion therewith
unless the sub substance A

(a) in a a capboard ------ reserved solely for the storage of
poisons, which cupboard or drawer shall be fitted with an
adequate lock the key for which shall be retained by the
registered pharmacist; or '

(b)in a part of the premises to which customers are not permitted
to have access and which is partitioned off or otherwise
separated from the remainder of the premises.

(3) No food shall be stored in the part of the premises where such
poison or substance is stored.





20. No person shall consign any poison for transport unless it is
sufficiently stoutly packed to avoid leakage arising from the ordinary
risks of handling and transport.

21. (1) No person shall consign for transport by carrier any poison
included in the Seventh Schedule unless the outside of the package
containing the article is labelled conspicuously with the name or
description of the poison as set forth in that Schedule and a notice
indicating that it is to be kept separate from food and from empty
containers in which food has been contained.

(2) No person shall knowingly transport any poison included in the
Seventh Schedule, either on his own behalf or for another person, in any
vehicle in which food is being transported, unless the food is carried in a
part of the vehicle effectively separated from that containing the poison,
or is otherwise adequately protected from the risk of contamination.

(3) This regulation shall not apply to medicines.

PART V

SPECIAL PROVISIONS WITH RESPECT TO
INSTITUTIONS

22. (1) Nothing in the Ordinance or in these regulations, except
regulation 16, shall apply with respect to

(a)any medicine dispensed in an institution where the dispensing
is under the supervision of a registered pharmacist or other
person as may be approved by the Director of Medical an
Health Services; or

(b)any medicine for the treatment of animals supplied from a
veterinary institution which is under the superintendence of a
duly qualified veterinary surgeon,

if the requirements of this regulation are satisfied in relation thereto.

(2) The medicine shall not be supplied except by, or on and in
accordance with a prescription of, a duly registered medical practitioner
for the purposes of medical treatment, or a registered dentist for the p
purposes of dental treatment, or a duly qualified veterinary surgeon for
the purposes of animal treatment.

(3) In a case where a substance included in the First Schedule is
supplied, a record shall be kept on the premises in such a way that there
can readily be traced at any time during a period of 2 years after the date
on which the substance was supplied the following particulars--

(a) the name and quantity of the poison supplied;

(b) the date on which the poison was supplied;





(c)the name and address of the person to whom the poison was
supplied; and

(d)the name of the person who supplied the poison or who gave
the prescription upon which it was supplied.

(4) The container of the medicine shall be labelled-

(a)with a designation sufficient to identify the institution or
veterinary institution from which it was supplied;

(b)except in the case of a medicine made up ready for treatment,
with the word 'Poison';

(c)in the case of a poison supplied from a veterinary institution,
with the words 'For animal treatment only'.

(5) The medicine shall be clearly labelled with instructions for use
in English and in Chinese.

(6) In the case of a medicine to which regulation 16 applies the
requirements of that regulation shall be satisfied in addition to the
requirements of this regulation.

23. (1) In any institution in which medicines are dispensed in a
dispensing or pharmaceutical department in charge of a registered
pharmacist or any other person approved by the Director of Medical
and Health Services for that purpose, no medicine containing a poison
shall be supplied from that department, except in cases of emergency,
for use in the wards, operating theatres or other sections of the
institution, except in accordance with paragraphs (2) and (3).

(2) Subject to paragraph (4), the medicines shall not be supplied
except upon a written order signed by a duly registered medical
practitioner, registered dentist, or by a person authorized to be in charge
of a ward, theatre or other section of the institution.

(3) The container of the medicine shall be labelled-

(a) with words describing its contents;

(b)in the case of substances included in the First Schedule, with
a distinguishing mark or other indication indicating that the
poison is to be stored in a cupboard reserved solely for the
storage of poisons.

(4) In the case of an emergency, a medicine containing a poison
may be supplied without a written order if the person ordering the
medicine undertakes to furnish a written order in respect of that
medicine within the next 24 hours.

24. (1) In any institution in which medicines are dispensed in a
dispensing or pharmaceutical department in the charge of a person
appointed for the purpose, all poisons other than those issued for use
within the institution shall be stored in that department.





(2) In any institution to which paragraph (1) does not apply all
poisons other than those issued for use within the institution shall be
stored

(a)in the charge of a person appointed for the purpose by the
governing body or person in control of the institution; and

(b)in the case of substances included in the First Schedule either
in a cupboard or drawer, or on a shelf, reserved solely for the
storage of poisons.

(3) No poison shall be stored on an open shelf, unless the
container of the poison is distinguishable by touch from the containers
of any other substances stored in the same premises.

(4) In every institution, every substance in the First Schedule
which is stored in the wards shall be stored in a locked cupboard
reserved for the storage of poisons.

(5) All places in which poisons are required by this regulation to be
stored shall be inspected at regular intervals of time not exceeding three
months by a registered pharmacist or registered medical practitioner
appointed for the purpose by the governing body of the institution and
a record of all inspections shall be made in a book kept at the institution.

PART VA

LISTED SELLERS OF
POISONS

24A. (1) Any application under section 25(1) shall be made in
writing to the Committee and shall be accompanied by the fee specified
in the Ninth Schedule.

(2) The Committee may grant or refuse any application under this
regulation and shall notify the applicant of its decision:

Provided that if the Committee intends to refuse an application the
Committee shall first notify the applicant and the applicant may, not
later than 14 days after the date of such notification, submit
representations in writing to the Committee in support of his
application.

(3) Where the Committee grants an application under this
regulation the Committee shall notify the Board of its decision and shall
state whether the applicant has paid the prescribed fee.

(4) Any person aggrieved by a decision of the Committee under
this regulation may, in the prescribed manner, appeal to the Tribunal
against that decision.





PART VB

REGISTRATION OF PREMISES

24B. An application to register premises under section 13 shall
be-

(a)made to the Board in the form prescribed in the Eighth
Schedule; and

(b)submitted together with a copy of the certificate of registra-
tion of the registered pharmacist in whose presence or
under whose supervision the actual sale of poisons will be
conducted under section 11(1) of the Ordinance.

24C. A certificate of registration under section 13 shall be in
the form prescribed in the Eighth Schedule.

PART VI

WHOLESALE DEALERS

25. No person other than an authorized seller of poisons or a
licensed manufacturer selling pharmaceutical products of his own
manufacture only shall, by way of wholesale dealing, sell or supply
at or from any premises any substance or article consisting of or
containing any poison unless he is the holder of a wholesale poisons
licence issued to him by the Committee in respect of those premises.

26. (1) There shall be for the purposes of this Part a Com-
mittee to be called the Pharmacy and Poisons (Wholesale Licences)
Committee.

(2) [Deleted, L.N. 369180]

(3) The Committee may issue a wholesale poisons licence on
payment of the fee prescribed in the Ninth Schedule.

(4) The issue of a wholesale poisons licence shall be at the
discretion of the Committee and shall be in the form prescribed in
the Eighth Schedule.

(5) The Committee may revoke a wholesale poisons licence or
suspend it for such period as it thinks fit, if in its opinion the holder
has failed to comply with the conditions subject to which the licence
was issued or with any of these regulations, or has been convicted of
an offence under the Ordinance.

(6) Any person aggrieved by a decision of the Committee
under this regulation may, in the prescribed manner, appeal to the
Tribunal against that decision.

(7) [Deleted, L.N. 369180]





(8) An applicant for a wholesale poisons licence-

(a)shall nominate in writing a responsible person to be in
charge of poisons; and

(b)may nominate in writing a deputy to act during the
temporary absence of the responsible person.

(9) An applicant shall at the time of his application submit to
the Secretary of the Board the name of the person so nominated and
of any deputy, and shall advise the Secretary of any change within 7
days of its occurrence.

27. No person holding a wholesale poisons licence or a licence
to manufacture pharmaceutical products shall sell or supply any
poisons except to-

(a)another wholesale dealer duly licensed to sell poisons
wholesale;

(b) an authorized seller of poisons;

(c) a registered pharmacist;

(d)a registered medical practitioner, a registered dentist or a
duly qualified veterinary surgeon;

(e)persons who require the poison for the purpose of their
trade or business;

a Government department or public officer requiring the
article for the purposes of the public service;

(g)a person or an establishment concerned with education or
scientific research, if the article is required for the purposes
of such education or research;

(h) an institution;

(i) purchasers outside Hong Kong; or

(j) a listed seller of poisons:

Provided that only such poisons shall be supplied to a
listed seller of poisons as are included in the classes of
poisons in Part 11 of the Poisons List that the listed seller is
licensed to sell.

28. (1) The holder of a wholesale poisons licence or a licence
to manufacture pharmaceutical products shall record the following
particulars of all transactions whereby poisons included in Part 1 of
the Poisons List are acquired by him whether by way of import,
purchase, gift or otherwise-

(a) the date of the transaction;

(b) the name of the supplier;

(c) the name of the poison and unit of quantity;





(d) the total quantity of the poison;

(e) the nature of the transaction; and

(f)a reference to the invoice or other documents supporting the
transaction.

(2) The holder of a wholesale poisons licence or a licence to
manufacture pharmaceutical products shall record the following
particulars of all transactions for the disposition of poisons included in
Part 1 of the Poisons List, whether uncompounded or as part of a
pharmaceutical product and whether such disposition is by way of
export, sale, gift or otherwise

(a) the date of the transaction;

(b) the nature of the transaction;

(e) the name of the person to whom the poison is supplied;

(d)the quantity of the poison or pharmaceutical product, as the
case may be;

(e)a reference to the invoice or other documents supporting the
transaction;

(f)the name of the poison or pharmaceutical product, as the case
may be, and the unit of quantity;

(g)the balance of the poison remaining in his possession after
the transaction.

(3) For each poison in Part 1 of the Poisons List there shall be a
separate entry in the records and all transactions involving that poison
shall be entered in a part of the records reserved for that poison.

(4) Unless the Committee approves another system of recording, all
records of transactions involving poisons in Part 1 of the Poisons List
shall be made in the form prescribed in the Eighth Schedule.

(5) Every transaction to which these regulations relate shall be
recorded within 72 hours after the time it took place.

(6) Records of sales or supplies maintained under this regulation
shall be supported by documents signed by the purchaser.

(7) In the case of an export transaction the holder of a wholesale
poisons licence or a licence to manufacture pharmaceutical products
shall retain all shipping and other documents supporting the
transaction.

(8) A holder of a wholesale poisons licence or a wholesale dealer in
medicines not containing poisons shall set up and maintain a system of
control that will enable the rapid and, so far as practicable, complete
recall of any lot or batch of a pharmaceutical substance or product from
sale to the public in the event of the pharmaceutical substance or
product being found to be dangerous or injurious to health.





PART VII

MANUFACTURERS

29. (1) Subject to paragraph (2), no person shall manufacture
any pharmaceutical product on any premises unless he is the holder
of a licence to manufacture pharmaceutical products on those
premises.

(2) Paragraph (1) and regulations 33 and 35 shall not apply to
an authorized seller of poisons, who in the course of his retail
business, manufactures any pharmaceutical product at any premises
registered by him under the Ordinance in quantities which in the
opinion of the Board, are consistent with the scope of his business
and the nature of the product.

(3) The Committee may issue a licence to manufacture phar-
maceutical products in such form as it may prescribe on payment of
the fee prescribed in the Ninth Schedule.

(4) The Committee may revoke the licence or suspend it for
such period as it thinks fit, if, in its opinion, the licensee has failed to
comply with the conditions subject to which the licence was issued or
with any of these regulations.

(5) For the purpose of certifying that a manufacturer is licen-
sed under this regulation, the Committee, subject to any conditions
it may impose and to the payment of the fee prescribed in the Ninth
Schedule. may issue to the manufacturer-

(a) a certificate for manufacture; or

(b)an interim-certificate for manufacture, in the forms pre-
scribed in the Eighth Schedule.

(6) For the purpose of exporting pharmaceutical products
manufactured by a manufacturer licensed under this regulation, the
Committee may issue a free sale certificate in the form prescribed in
the Eighth Schedule subject to such conditions as the Committee
may impose and upon payment of the fee prescribed in the Ninth
Schedule.

(7) Any person aggrieved by a decision of the Committee
under this regulation may, in the prescribed manner, appeal to the
Tribunal against that decision.

30. (1) In all premises in which pharmaceutical products are
manufactured such products shall be manufactured by or under the
supervision of---.

(a) a registered pharmacist;

(b)a Fellow or Associate of the Royal Institute of Chemistry;
or

(c)a person having such other qualifications or sufficient ex-
perience as may be approved by the Board.





(2) For the purposes of paragraph (1), 'supervision' means the
exercise by any of the persons referred to in paragraph (1) of control
over the process of manufacture and of the persons engaged therein.

31. (1) Subject to paragraph (4), a manufacturer or authorized seller
of poisons, supplying for distribution under regulation 29(2), shall label
or cause to be labelled the container of each pharmaceutical product,
with the following particulars

(a) the appropriate designation of-

(i) the substance or substances from which the
pharmaceutical product was manufactured;

(ii) each of the active constituents of the product; or

(iii) each of the ingredients from which the product was
compounded;

(b)in the case where the appropriate designation of each of the
active constituents or ingredients of a product is given, the
appropriate quantitative particulars of those constituents or
ingredients;

(c) the name and address of the manufacturer; and

(d)the number of the certificate of drug/product registration or
the provisional certificate of drug/product registration of the
pharmaceutical product issued by the Board.

(2) For the purposes of paragraph(1)
(a)the expression 'appropriate designation', in relation to a
substance, constituent or ingredient, means

(i) in the case of a poison included in the Poisons List, the
name with which the container of the poison is for the time
being required to be labelled in accordance with regulation
13;

(ii) in the case where a substance, constituent or ingredient
is not a poison and is described in any of the monographs
contained in the edition of the British Pharmacopoeia, the
British Pharmaceutical Codex or the British Veterinary Codex
which was last published before the date on which the article
was sold or supplied, the description set out at the head of
that monograph; and

(iii) in any other case the accepted scientific name or the
name descriptive of the true nature and origin of the
substance, constituent or ingredient;

(b)the expression 'appropriate quantitative particulars', in
relation to the active constituent or ingredient of a
pharmaceutical product, means

(i) the percentage or quantity of that constituent or
ingredient contained in the pharmaceutical product sold or
supplied;or

(ii) in the case of a pharmaceutical product which is in pill,
capsule, tablet or similar article, either the percentage





or quantity of the substance or substances comprising or
forming part of the pills, capsules, tablets or similar articles, or
the quantity of each constituent or ingredient in each pill,
capsule, tablet or article.

(3) For the purposes of paragraph (1) the container to be labelled
shall, where the pharmaceutical product is packed by the manufacturer
in more than one container, be the container which is likely to be sold or
distributed to the ultimate user of the product.

(4) In the case of a pharmaceutical product intended for export it
shall be a sufficient compliance with this regulation if the container of
the product is labelled with the following particulars

(a) the name and address of the manufacturer; and

(b) such other details as the importing country may require.

32. A manufacturer shall take adequate steps to ensure that every
person engaged in the manufacturing or packing of pharmaceutical
products does not contaminate or infect such products.

33. (1) Subject to paragraph (IA), a manufacturer shall test each lot
or batch of raw or bulk material intended to be used in the manufacture
of pharmaceutical products to ensure identity and purity.

(IA) Raw or bulk material the identity and purity of which the
manufacturer thereof has certified by a certificate of analysis does not
require a test by a manufacturer under paragraph (1).

(2) A manufacturer shall test each batch of pharmaceutical
products in a finished form to ensure identity and potency.

(3) Every parenteral product shall be manufactured in accordance
with the method of preparation of injections laid down by the British
Pharmacopoeia or other Pharmacopoeia with which the particular
product is intended to comply.

(4) A manufacturer shall maintain a control sample of each batch of
finished products under conditions of storage suitable to that product
for a period of not less than the normal shelf-life of the product or 2
years after the last transaction in that batch of products whichever is
the shorter period.

(5) A manufacturer shall set up and maintain a system of control
that will enable the rapid and, so far as practicable, complete recall of
any lot or batch of a pharmaceutical substance or product from sale to
the public in the event of the pharmaceutical substance or product being
found to be dangerous or injurious to health.

34. (1) No pharmaceutical product shall be manufactured unless the
premises and the fittings and machinery therein used in the
manufacturing and packaging of such product are of such construction,
materials and finish as to

(a) permit the ready and efficient cleaning of all surfaces; and





(b)avoid the contamination of the product during manufac-
ture and packing.

(2) All premises used in the manufacturing, testing, packing
and despatch of pharmaceutical products shall be-

(a) suitable for the purpose; and

(b) maintained in a clean and orderly condition.

(3) The temperature and humidity of the premises shall be
controlled as appropriate to the manufacture of the product or the
process being carried out therein.

(4) All parenteral products shall be manufactured and put into
containers in an enclosed area in which aseptic conditions can be
maintained.

(5) The enclosed area referred to in paragraph (4) shall be
separate from the areas used for the manufacture and packing of
other pharmaceutical products.

35. (1) A manufacturer shall maintain adequate records in
respect of each pharmaceutical product prepared by him, showing---

(a)the quantities of all substances used in the manufacture of
the product;

(b) the quantity of the product manufactured;

(c)the name and the address of the person to whom the phar-
maceutical product was sold or supplied;

(d)the nature and results of tests made on each lot or batch of
raw or bulk materials used in the product;

(e)the nature and results of tests made on each batch of
finished product;

any complaints received relating to the product and the
action taken thereon by him; and

(g)the nature and result of any tests made on the samples
retained.

(2) The records required to be maintained by paragraph (1)
shall be completed within 72 hours from the time the process or test
was carried out or the transaction took place.

PART VIII

REGISTRATION OF PHARMACEUTICAL PRODUCTS AND SUBSTANCES

36. (1) Subject to paragraph (IA), no person shall sell, offer
for sale or distribute or possess for the purposes of sale, distribution
or other use any pharmaceutical product or substance unless the
product or substance is registered with the Board-





(a)by the manufacturer, if the pharmaceutical product or
substance is manufactured in Hong Kong;

(b)by the importer, if the pharmaceutical product or substance is
manufactured outside Hong Kong; or

(c)by the local branch, subsidiary, representative, agent or
distributor of an overseas manufacturer.

(IA) Nothing in paragraph (1) shall apply in the case of possession
or use where the pharmaceutical product or substance

(a) has been imported into Hong Kong-

(i) to be exported outside Hong Kong;

(ii) by a pharmaceutical manufacturer for the purpose of
manufacture or the compounding of pharmaceutical
preparations;

(iii) for the purpose of treatment by a registered medical
practitioner or a registered dentist, of a particular patient or,
for the purpose of treatment by a duly qualified veterinary
surgeon of a particular animal; or

(b)has been manufactured in Hong Kong to be exported outside
Hong Kong.

(2) Application for the initial registration of a pharmaceutical
product or substance shall be made in the form prescribed in the Eighth
Schedule and shall be accompanied by the fee prescribed in the Ninth
Schedule.

(3) The particulars to be registered shall include-

(a)the trivial, proprietary or approved name of the product or
substance;

(b)the chemical name in the case of a substance which has no
trivial, proprietary or approved name;

(c) details of the composition in the case of a product;

(d) the name and address of the manufacturer;

(e)the name and address of the person who applies for
registration; and

the quantity or quantities of the dose form contained in a unit
package or unit packages in the case of a product.

(4) Representative specimen sales packs of the product or
representative samples of the substance shall be made available for
inspection by the Committee. In the case of products not yet marketed
the Committee may accept prototypes of the packs and proposed
wordings of the labels on the understanding that these will be replaced
by actual sale packs not later than 6 months after registration of the
product or substance.

(5) The Committee may issue to an applicant a registration
certificate in the form prescribed in the Eighth Schedule valid for a
period of 5 years from the date of registration on payment of the fee
prescribed in the Ninth Schedule.





(6) The Committee shall advise the applicant whether the
pharmaceutical product or substance appears in the Poisons List and if
so, under which classification.

(7) A registration certificate issued under paragraph (5) shall be
renewable on payment of the fee prescribed in the Ninth Schedule.

(8) The Committee may deregister a pharmaceutical product or
substance if it considers it to be in the public interest to do so.

(8A) Where the Committee refuses to register or deregisters a
pharmaceutical product or substance it shall forward to the applicant or
permit holder, as the case may be, a notice of refusal or of deregistration
and shall state in such notice its reasons for refusal to register or for
deregistration.

(9) Any person aggrieved by a decision of the Committee under
this regulation may, in the prescribed manner, appeal to the Tribunal
against that decision.

(10) [Deleted, L.N. 369180]

(11) Any change in the particulars referred to in paragraph (3) shall
be reported to the Committee within 14 days.

36A. [Spent]

36B. (1) For the purpose of conducting a clinical trial on human
beings or a medicinal test on animals application shall be made in
writing to the Committee and shall be accompanied by the fee
prescribed in the Ninth Schedule.

(2) A sample of the product or substance and a copy of the
protocol for the trial or test shall accompany the application.

(3) The Committee may issue a clinical trial certificate or medicinal
test certificate in the form prescribed in the Eighth Schedule valid for a
period not exceeding 2 years on payment of the fee prescribed in the
Ninth Schedule.

(4) Any person aggrieved by a decision of the Committee under
this regulation may, in the prescribed manner, appeal to the Tribunal
against that decision.

36C. For the purposes of this Part 'pharmaceutical product' and
'substance' have the meaning assigned to 'pharmaceutical product'
and 'medicine' in the Ordinance.

36D. (1) The Committee may issue a duplicate of any certificate
issued under this Part if the Committee is satisfied that the original
certificate has been lost or destroyed or that for other good reason such
duplicate ought to be issued.





(2) A duplicate certificate issued under this regulation shall be
certified in such manner as the Committee may determine.

(3) There shall be payable in respect of any duplicate certificate
issued under this regulation the fee prescribed in respect thereof in the
Ninth Schedule.

37. (1) In dealing with an application for initial registration of a
pharmaceutical product or substance the Committee shall in particular
take into consideration

(a)the safety of the pharmaceutical product or substance to
which the application relates;

(b)the efficacy of the pharmaceutical product or substance for
the purposes for which the product or substance is proposed
to be administered; and

(c)the quality of the pharmaceutical product or substance
according to the specification and the method or proposed
method of manufacture of the product or substance, and the
provisions proposed for securing that the product or
substance as sold or supplied will be of that quality.

(2) In taking into consideration the efficacy for a particular purpose
of a pharmaceutical product or substance to which such an application
relates, the Committee shall leave out of account any question whether
a pharmaceutical product or substance of another description would or
might be equally or more efficacious for that purpose:

Provided that nothing in the paragraph shall be construed as
requiring the Committee, in considering the safety of a pharmaceutical
product or substance of a particular description, in relation to a purpose
for which it is proposed to be administered, to leave out of account any
question whether a pharmaceutical product or substance of another
description, being equally or more efficacious for that purpose, would or
might be safer in relation to that purpose.

(3) In dealing with an application by an importer the Committee
shall also take into consideration in particular the methods, standards
and conditions of manufacture of the pharmaceutical product or
substance in respect of which application is made and may, if it thinks
fit, require the production by the applicant of one or both of the
following

(a)an undertaking, given by the manufacturer of any such
products or substances, to permit the premises where they are
to be manufactured, and the operations carried on or to be
carried on in the course of manufacturing them, to be
inspected by or on behalf of the Committee;

(b)a declaration, given by or on behalf of the manufacturer of any
such products or substances, that, in relation to the
manufacture of these products any requirements imposed





by or under the law of the country in which they are or are to
be manufactured have been or will be complied with.

(4) The Committee shall make arrangements for the separate
processing of an application for the registration of a new pharmaceutical
product or new substance so that its registration shall not be unduly
delayed.

(5) For the purposes of paragraph (4) 'new pharmaceutical
product' and 'new substance' means a medicine containing an active
ingredient, or a substance, having a chemical formula which has not
previously been marketed or registered in Hong Kong under some other
name or description.

PART VIIIA

REGISTRATION OF IMPORTERS AND
EXPORTERS

37A. (1) Any application for registration under section 28A as an
importer or exporter of pharmaceutical products shall be made to the
Committee in Form 13 in the Eighth Schedule and shall be accompanied
by the fee specified in the Ninth Schedule.

(2) The Committee may require any applicant under this regulation
to furnish such information and to permit such inspection of premises
and storage facilities used by the applicant for the purposes of his
business as the Committee may specify by notice to the applicant.

(3) The Committee may grant or refuse any application under this
regulation as the Committee may deem fit.

(4) The Committee shall furnish any person whose application is
granted with a certificate in Form 14 in the Eighth Schedule.

(5) Any person aggrieved by a decision of the Committee under
this regulation may, in the prescribed manner, appeal to the Tribunal
against that decision.

PART IX

SALE OF MEDICINES

38. (1) Subject to these regulations, no person shall-

(a)sell any article consisting of or comprising a substance
recommended as a medicine; or

(b)supply any such article as a sample for the purpose of
inducing persons to buy the substances of which it consist
or which it comprises,

unless-

(i) the article is labelled as required under regulation 31; or





(ii) the particulars specified under regulation 3 1 (1) are printed
so as to be clearly legible in English or Chinese on the
article or a label affixed thereto.

(2) Nothing in this regulation shall apply to any article-

(a)made up and supplied for the use of a particular person,
being an article prescribed by reference to the needs of that
person; or

(b) consisting wholly of either-
(i) a product resulting solely from the pharmaceutical
treatment of natural products as referred to by the Chinese
Herbal Materia Medica;
(ii) a mixture the sole ingredients of which are two or
more of such products; or
(iii) a natural mineral water or an artificial imitation
thereof.

(3) For the purposes of this regulation-

'advertisement' includes any notice, circular, pamphlet, label,
wrapper or other document, and any announcement made
orally or by any means of producing or transmitting light or
sound;

'proprietary designation', in relation to the sale of an article
consisting of or comprising a substance recommended as a
medicine, means words used or proposed to be used in con-
nexion with the sale of articles consisting of or comprising the
substance, for the purpose of indicating that they are the goods
of a particular person by virtue of manufacture, selection,
certification, dealing with or offering for sale; and 'proprietor'
in relation to such a designation means the person whose goods
are indicated or intended to be indicated by the designation;

'substance' includes a preparation;

'substance recommended as a medicine', in relation to the sale of an
article consisting or comprising a substance so recommended,
means a substance which is referred to-

(a)on the article, or on any wrapper or container in which the
article is sold, or on any label affixed to, or in any
document enclosed in, the article or such wrapper or
container; or

(b)in any placard or other document exhibited at the place
where the article is sold; or

(c)in any advertisement published after the coming into
operation of these regulations by or on behalf of the
manufacturer of the article, or the person carrying on the
business in the course of which the article was sold, or, in a
case where the article was under a proprietary designation,
the proprietor of the designation,





in terms which are calculated to lead to the use of the substance for
the prevention or treatment of any ailment, infirmity or injury
affecting the human body, not being terms which give a definite
indication that the substance is intended to be used as, or as part
of, a food or drink, and not as, or as part of, a medicine.

PART X

MISCELLANEOUS

39. All-

(a) poisons books;

(b) books kept under section 28(3);

(c)certificates given under section 22(1)(a) kept by authorized
sellers of poisons;

(d)books or other form of records and documents required to be
kept or retained by holders of wholesale poisons licences
under regulation 28; and

(e)all records and documents required to be kept or retained by
manufacturers under regulation 35,

shall be preserved by the authorized seller of poisons, holder of
wholesale poison licence or manufacturer, as the case may be, in the
premises in which the transaction recorded took place

(i)for a period of 2 years from the date of the last entry therein;
or

(ii) in relation to a certificate or document, for a period of 2 years
from the date of the transaction.

40. (1) Any person who contravenes any of the provisions of
regulation 9(1) or (4), 10, 10A, 11, 12, 15, 16(1) or (2), 18, 19, 20, 2 1(1) or
(1), 22(2), (3), (4) or (5), 23(1), (2) or (3), 24, 25, 28, 30(1), 31(1), 32, 33(1),
(2), (3), (4) or (5), 34, 35, 36(1) or (11), 38(1) or 39 commits an offence and
is liable on conviction

(a) for a first offence to a fine of $2,500;

(b) for a second offence to a fine of $5,000;

(c)for a third or subsequent offence to a fine of $ 10,000 and to
imprisonment for 12 months; and

(d)to a further fine of $1,000 for every day during which any
offence continues subsequent to the date of the conviction
for the offence.

(2) Any person who contravenes regulation 27 commits an offence
and is liable on conviction to a fine of $10,000 and to imprisonment for
12 months.





(3) Any person who contravenes regulation 29(1) commits an
offence and is liable on conviction to a fine of $10.000 and to
imprisonment for 12 months, and to a further fine of $1,000 for every day
during which the offence continues subsequent to the date of the
conviction for the offence.

41. (1) The certificate referred to in section 22(1)(a) may be given by
any person known both to the intending purchaser and the intending
seller and shall be in the form prescribed in the Eighth Schedule.

(2) A certificate of registration issued under section 9 of the
Ordinance shall be in the form prescribed in the Eighth Schedule.

(M) The logo referred to in section 13A(1) shall be in the form
prescribed in the Eighth Schedule.

(3) The particulars of sales of poisons which are required by
section 22(3) to be entered in a book shall be entered in the form
prescribed in the Eighth Schedule.

(4) The fees to be paid under the Ordinance and these regulations
shall be those prescribed in the Ninth Schedule.

42. Where a person would, but for this regulation, be liable to a
penalty for not holding a licence to manufacture pharmaceutical
products, he shall not be so liable

(a) until the expiry of a period of 3 months immediately
following the commencement of these regulations; or

(b)where, before the expiry of that period, he applies for a licence,
until

(i) he obtains a licence; or

(ii) his application is refused.

FIRST SCHEDULE [regs. 3, 5(1), 6, 7,
15(3),17(3),19(2),
22(3), 23(3)(b),
24(2)(b), (4).]

SUBSTANCES FALLING WITHIN THE POISONS LIST TO WHICH
SPECIAL
RESTRICTIONS APPLY UNDER REGULATIONS 3 AND 5

A

Acebutolol; its salts Acetanilide; alkyl acetanilides
Acetohexamide Acctorphine; its salts; its esters and ethers; their
salts Acetylcarbromal Acetyldihydrocodeine; its salts
Alc)ofenae; its complexes A lcuronium; its salts





Alkaloids, the following; their quaternary compounds; any salts, simple or complex,
of any substance falling within the following-

Aconite, alkaloids of, except substances containing less than 0.02% of the
alkaloids of aconite

Atropine, except substances containing less than 0. 15% of atropine or not
more than 1 % of atropine methonitrate

Belladonna, alkaloids of, except substances containing less than 0.15% of the
alkaloids of belladonna calculated as hyoscyarnine

Brucine, except substances containing less than 0.2% of brucine
Calabar bean, alkaloids of

Coca, alkaloids of, except substances containing less than 0. 1 % of the alkaloids
of coca

Cocaine, except substances containing less than 0. 1 % of cocaine
Codeine, except substances containing less than 1.5% of codeine
Colchicum, alkaloids of
Coniine, except substances containing less than 0. 1 % of coniine
Cotarnine, except substances containing less than 0.2% of cotarnine
Curare, alkaloids of, curare bases

Ecgonine; its esters and ethers; except substances containing less than the
equivalent of 0.1% of ecgonine

Emetine, except substances containing less than 1 % of emetine
Ephedrine; its optical isomers; their salts; when contained in aerosol dispensers
Ergot, alkaloids of

Gelsemium, alkaloids of, except substances containing less than 0.1% of the
alkaloids of gelsemium

Homatropine, except substances containing less than 0. 15% of
homatropine
Hyoscine, except substances containing less than 0. 15% of hyoscine
Hyoscyarnine, except substances containing less than 0. 15% of hyoscine

Lobelia, alkaloids of, except substances containing less than 0.5% of the
alkaloids of lobelia

Morphine; its esters and ethers; except substances containing less than 0.2% of
morphine calculated as anhydrous morphine

Nicotine

Nux Vomica, alkaloids of, except substances containing less than 0.2% of
strychnine

Papaverine, except substances containing less than 1 % of papaverine

Pilocarpus, alkaloids of, except substances containing less than 0.5% of the
alkaloids of pilocarpus

Pomegranate, alkaloids of, except substances containing less than 0.5% of the
alkaloids of pomegranate

Quebracho, alkaloids of
Rauwolfia, alkaloids of., their derivatives

Sabadilla, alkaloids of, except substances containing less than 1 % of the
alkaloids of sabadilla







Stavesacre, alkaloids of, except substances containing less than 0.2% of the
alkaloids of stavesacre

Strychnine, except substances containing less than 0.2% of
strychnine
Thebaine, except substances containing less than 1 % of thebaine

Veratrum, alkaloids of, except substances containing less than 1 % of the
alkaloids of veratrum

Vinca, alkaloids of
Yohimba, alkaloids of

Allylisopropylacetylurea

Allylprodine; its salts

Almitrine; its salts

Alphadolone; its esters

Alphaxalone

Alprenolol; its salts





Alufibrate
Amantadine; its salts
Amidopyrine; its salts
Amiloride; its salts
Amineptine; its salts

Amino-alcohols esterified with benzoic acid, phenylacctic acid, phenylpropionic
acid, cinnamic acid or the derivatives of these acids; their salts (except
substances containing less than 10% of esterified amino-alcohols and except
procaine when in a preparation containing any substance to which the
Antibiotics Ordinance for the time being applies)

para-Aminobenzenesulphonamide; its salts; derivatives of para-
aminobenzenesulphonamide having any of the hydrogen atoms of the para-
amino group or of the sulphonamide group substituted by another radical; their
salts, except when contained in ointments or surgical dressings or in preparations
for the prevention and treatment of diseases in poultry

Aminoglutethirnide
Aminopterin; its derivatives
Aminorex; its salts

para-Aminosalicylic acid; its salts; its derivatives; their salts; any compound with
any substance falling within this item

Amitriptyline; its salts
Arnrinone
Amsacrine; its salts
Anrylene hydrate

Androgenic, oestrogenic and progestational substances, the
followingBenzoestrol

Derivatives of stilbene, dibenzyl or naphthalene with oestrogenic activity; their
esters

Steroid compounds with androgenic or oestrogenic or progestational activity;
their esters

Anileridine; its salts

Antihistamine substances, the following; their salts; any compound with any
substance falling within this item

Antazoline
Doxylamine
Mebhydrolin

Tripelennamine

Antimonial poisons, except substances containing less than the equivalent of 1 %
of antimony trioxide

Antithymocyte Immunoglobulin

Apomorphine; its salts; its quaternary compounds; except substances containing
less than 0.2% of apomorphine

Aprindine; its salts

Arsenical poisons, except substances containing less than the equivalent of 0.0 1 %
of arsenic trioxide and except dentifrices containing less than 0.5% of acetarsol

Atenolol; its salts
Atracurium Besylate






Auranofin
Azacyclonal; its salts
Azapropazone





Azauridine; its derivatives
Aziridine; its derivatives
Baclofen
Barbituric acid; its salts; its derivatives; their salts; any compound with any substance
falling within this item
3Genactyzine; its salts
Benoxaprofen; its salts
Benzethidine; its salts
Benzhexol; its salts
Benzquinarnide
Benzoylmorphine; its salts
Benztropine and its homologues; their salts
Benzydamine; its salts
BenzyImorphine; its salts
Betaxolol; its salts
Bethanidine; its salts
Bezalibrate
Bezitramide; its salts
N-[4,4-Bis(para-fluorophenyl)butyllpiperidine, 4-substituted derivatives of, their
salts
Bitolterol and its salts when contained in aerosol dispensers
Bromocriptine; its salts
Bromvaletone
Bucolome
Buflexamac
Buformin; its salts
Bumadizone; its salts
Bumetanide; its salts; its derivatives; their salts
Bupranolol; its salts
Buprenorphine; its salts
Buserelin; its salts
Busulphan; its salts
Butorphanol; its salts
--3~c-annabinol and its tetrahydro derivatives; their 3-alkyl homologues; any ester or
ether of any substance falling within this item
Cannabis; the resin of cannabis; extracts of cannabis; tinctures of cannabis; cannabin
tennate
Cantharidin, except substances containing less than 0.01 % of cantharidin
Cantharidates, except substances containing less than the equivalent of 0.01% of
cantharidin
Captodiarnine; its salts
Captopril
Caramiphen; its salts
Carbachol
Carbamazepine





Carboplatin
Carbromal
Carbutamide
Carisoprodol
Carmustine
Carperidine; its salts
Carprofen; its salts
Carteolol; its salts
Chloral; its addition and its condensation products other than alphachloralose; any
compound with any substance falling within this item, except when contained, in
the form of chloral hydrate, in preparations intended for external application only
Chlordiazepoxide; its salts
Chlormethiazole; its salts
Chlormezanone
Chloroform, except substances containing not more than 5% of chloroform or when
in preparations not intended for the internal treatment of human ailments
Chlorothiazide and other derivatives of benzo-1,2,4-thiadiazine-7-sulphonamide 1,
1-dioxide, whether hydrogenated or not; their salts
Chlorphenoxamine; its salts
Chlorphentermine; its salts
Chlorpropamide; its salts
Chlorprothixene and other derivatives of 9-methylenethiaxanthen; their salts
Chlorthalidone and other derivatives of ortho-chlorobenzene-sulphonamide
Chlorzoxazone
Chymopapain
Cisplatin
Clioquinol
Clobazam.
Clofibrate
Clomiphene; its salts
Clomipramine; its salts; its derivatives; their salts
Clonidine; its salts
Clonitazene; its salts
Clorexolone
Clorprenaline and its salts when contained in aerosol dispensers
Clothiapine
Colaspase
Collagen, purified
Corticotrophins
Corynebacterium parvum
4-Cyano-2-dimethylamino-4,4-diphenylbutane; its salts
4-Cyano-1-methyi-4-phenylpiperidine; its salts
Cyclarbamate
Cyclobenzaprine; its salts





Cyclofenil
Cyclosporin A
Cycrimine; its salts
Cytarabine; its salts
Dacarbazine
Deanol acetamidobenzoate
Debrisoquine; its salts
Dehydroemetine; its salts
Demecarium bromide
Desipramine; its salts
Desomorphine; its salts; its esters and ethers; their salts
DiacetyInalorphine; its salts
Diampromide; its salts
Diazepam and other compounds containing the chemical structure of dihydro-1,
4-benzodiazepine substituted to any degree; their salts
Diazoxide
Diclofenac; its salts
Diethyl para-nitrophenyl phosphate
Difenoxin; its salts
Diflunisal
DigitN#7glycosides and other active principles of, except substances containing less
than,6ne xinit of activity (as defined in the British Pharmacopoeia) in 2 grammes of
the ScbgrTn-ce
Dihydrallazine; its salts
Dihydrocodeine; its salts; its esters and ethers; their salts
Dihydrocodeinonc; its salts
Dihydrocodeinone 0-carboxymethyloximc; its salts; its esters; their salts
Dihydrocodeinone enol acetate; its salts
Dihydromorphine; its salts; its esters and ethers; their salts
3-(3,4-Dihydroxyphenyl)alanine; its salts
Dimenoxadole; its salts
Dimepheptanol; its salts; its esters and ethers; their salts
Dioxaphetyl butyrate; its salts
Diphenoxylate; its salts
Dipipanone; its salts
Disopyramide; its salts
Disulfiram
Dithienylallylamines; dithienylaikylallylamines; their salts
Dothiepin; its salts
Doxapram; its salts
Doxepin; its salts; its derivatives; their salts
Droperidol
Dyftos
Ecothiopate iodide





Ectylurea
Embutramide
Emylcamate
Enalapril; its salts
Ethacrynic acid; its salts
Ethambutol; its salts
Etlichlorvynol
Ethinamate
Ethionamide
Ethoglucid
Ethoheptazine; its salts
Ethylmorphine; its salts; its esters and ethers; their salts; except substances containing
less than 0.2% of ethyimorphine
EthyInoradrenaline; its salts
Etidronic acid; its salts
Etodolac
Etofibrate
Etomidate; its salts
Etonitazene; its salts
Etoposide
Etorphine; its salts; its esters and ethers; their salts
Etoxeridine; its salts

Fencarnfamin; its salts
Fenclofenac; its salts
Fendiline; its salts
Fenfluramine; its salts
Fenofibrate
Fenoprofen; its salts
Fenoterol and its salts when contained in aerosol dispensers
Fenoxazoline; its salts
Fentanyl; its salts
Fentiazac; its salts
Feprazone
Flecainide; its salts
Fluanisone
Flufenarnic acid; its salts; its esters; their salts
Fluorouracil; its derivatives
Flupenthixol; its salts
Flurbiprofen
Fluspirilene
Flutamide





Frusemide
Furethidine; its salts
Gallamine its salts; its quaternary compounds
Gemfibrozil
Glibenclamide
Glibornuride
Gliclazide
Glipizide
Gliquidone
Glutethimide; its salts
Glymidine
Guanabenz; its salts
Guanethidine; its salts
Guanfacine; its salts

Guanidines, the following Polymethylene diguanidines; di-para-anisyl-para-
phenetylguanidine; their salts

Halofuginone; its salts

Haloperidol and other 4-substituted derivatives of N-(3-parafluorobenzoyl-propyl)
piperidine

Hexachlorophane contained in medicinal products except (a) in the case of
medicinal products for human use substances containing 0. 1 % or less; and (b) in
the case of medicinal products for animal use (i) aerosols the contents of the
container of which contain 0. 1 % or less; (ii) soaps and shampoos containing
2% or less; (iii) other medicinal products containing 0.75% or less; and (c)
preparations for oral administration to sheep or cattle for liver fluke disease

Hexamethylmelamine
Hexapropyrnate
Hydiazines, the following and their alpha-rnethyl derivatives-

Benzyl hydrazine

Phenethyl hydrazine

Plienoxyethyl hydrazine

their salts; their acyl derivatives; their salts
Hydrallazine; its salts

Hydrocyanic acid, except substances containing less than 0.15%, weight in weight,
of hydrocyanic acid (HCN); cyanides, other than ferrocyanides and ferricyanides,
except substances containing less than the equivalent of 0. 1 % weight in weight,
of hydrocyanic acid (HCN)

Hydromorphinol; its salts; its esters and ethers; their salts
Hydromorphone; its salts'. its esters and ethers; their salts

Hydroxycinchoninic acids; derivatives of, their salts; their esters; except substances
containing less than 3% of hydroxycinchoninic acid or a derivative thereof

Hydroxy-N,N-dimethyltryptarnines; their esters and ethers; any salt of any
substance falling within this item

3-Hydroxy-N-methyimorphinan; its salts; its optical isomers; their salts

3-Hydroxymorphinan; its salts; its optical isomers; their salts; their esters and
ethers; their salts

3-Hydroxy-N-phenacylmorphinan; its salts; its optical isomers; their salts; their
esters and ethers; their salts







Hydroxypethidine; its salts; its esters and ethers; their salts





Hydroxyphenamate
Hydroxyurea
Hydroxyzine; its salts
Ifosfamide
Imipramine; its salts
Indomethacin; its salts
Indoprofen; its salts
Indoramin; its salts
1prindole; its salts
Isoaminile; its salts
Isoetharine; its salts
Isomethadone; its salts
Isoniazid; its salts; its derivatives; their salts; any compound with any substance
falling within this item
Isoprenaline; its salts
Isopyrin; its salts
Isotretinoin
Isoxicam; its salts
Ketamine; its salts
Ketobemidone; its salts; its esters and ethers; their salts
Ketoconazole
Ketophenylbutazone
Labetalol; its salts
Laudexium; its salts
Lead, compounds of, with acids from fixed oils
Lithium carbonate
Lithium Sulphate
Lomustine
Lonazolac; its salts
Lorcainide; its salts
Loxapine; its salts
Lysuride; its salts
Mannomustine; its salts
Maprotiline; its salts
Mazindol
Mebezonium iodide
Mebutamate
Mecarnylamine; its salts
Meclofenamic Acid; its salts
Meclofenoxate; its salts
Mefenamic acid; its salts; its esters; their salts
Mefruside
Mephenesin; its esters; their salts





Mephenoxalone
Mepirizole
Meprobamate
alpha-Meprodine; its salts
beta-Meprodine; its salts
Mercaptopurine; its salts; its derivatives; their salts

Mercuric chloride, except substances containing less than 1% of mercuric chloride;
mercuric iodide, except substances containing less than 2% of mercuric iodide;
nitrates of mercury, except substances containing less than the equivalent of 3%,
weight in weight, of mercury (Hg); potassiomercuric iodides, except substances
containing less than the equivalent of 1 % of mercuric iodide; organic
compounds of mercury, except substances, not being aerosols, containing less
than the equivalent of 0. 3 %, weight in weight, of mercury (Hg)

Mescaline; its salts; other derivatives of phenethylamine formed by substitution in
the aromatic ring; their salts

Metaxalone
Metazoeine; its salts; its esters and ethers; their salts
Metergoline
Metformin; its salts
Methadone; its salts
Methadyl acetate; its salts
Methaqualone; its salts
Methixene; its salts
Methocarbamol

Methorphan; its salts; its optical isomers; their salts; except substances containing
less than 1.5% of dextromethorphan

Methoxsalen
Methoxyphenamine; its salts
Methylaminoheptane; its salts
MethyIdesorphine; its salts; its esters and ethers; their salts
MethyIdihydromorphine; its salts; its esters and ethers; their salts
MethyIdopa.; its esters; their salts
2-Methyl-3-morpholino- 1, I-diphenylpropanecarboxylic acid; its salts; its esters;
their

salts
Methylpentynol; its derivatives
alpha-Methylpenethylamine; beta-methylphenethylamine; alpha-ethylphenethylamine;
beta-ethylphenethylamine; their optical isomers; any synthetic
compound structurally derived from any of those substances by subsitution in the
aliphatic part or by ring closure therein (or by both such substitution and such
closure) or by substitution in the aromatic ring (with or without substitution at
the nitrogen atom), except hydroxyamphetamine, methoxyphenamine, phenylpropanolamine,
pholedrine, prenylamine and N-subsituted derivatives of ephedrine; any salt of any
substance falling within this item

Methylphenidate; its salts
1-Methyl-4-phenylpiperidine-4-carboxylic acid; its salts; its esters; their
salts

Methyprylone
&etoclopramide; its salts
Metolazone
Metopon; its salts; its esters and ethers; their salts
Metoprolol; its salts





Mexiletine; its salts
Mianserin; its salts
Minoxidil
Mitobronitol
Mitopodozide; its salts
Mitotane
Mitoxantrone; its salts
Mofebutazone; its salts
Molindone; its salts
Moramide; its salts; its optical isomers; their salts
Morpheridine; its salts
Mustine and any other N-substituted derivative of di-(2-chloroethyl)afnine; their salts
Muzolimine
Myrophine; its salts
Myrtecaine; its salts
Nadolol; its salts
Nalbuphine; its salts
Nalorphine; its salts
Naproxen; its salts
Nefopam; its salts
Niclofolan
Nicocodine; its salts
Nifenazone
Niflumic Acid; its salts
Nitromethaqualone; its salts
Nomifensine; its salts
Noracymethadol; its salts
Noramidopyrine methanesulphonate; its salts
Norcodeine; its salts; its esters and ethers; their salts
Norfloxacin; its salts; its esters
Normethadone; its salts
Normorphine; its salts; its esters and ethers; their salts
Norpipanone; its salts
Nortriptyline; its salts
Ofloxacin; its salts; its esters
Opipramol; its salts; its derivatives; their salts
Opium, except substances containing less than 0.2% of morphine calculated as
anhydrous morphine
Orciprenaline; its salts
Orphenadrine; its salts
Ouabain
Oxanamide
Oxethazaine; its salts





Oxprenolol; its salts
Oxycinchoninic acid; its derivatives; their salts; their esters
Oxycodone; its salts; its esters and ethers; their salts
Oxymorphone; its salts; its esters and ethers; their salts
Oxypertine
Oxyphenbutazone
Oxytocins
Pancuronium; its salts
Paraldehyde
Paramethadione
Pargyline; its salts
Pemoline; its salts
Pernpidine; its salts
Penbutolol; its salts
Penicillamine; its salts
Pentazocine; its salts
Pentolinium; its salts
Phenacemide
Phenacctin
Phenadoxone; its salts
Phenaglycodol
Phenampromide; its salts
Phenazoeine; its salts; its esters and ethers; their salts
Phenbutrazate
Phencyclidine; its salts
Phenetidylphenacctin
Phenformin; its salts
Phenomorphan; its salts; its esters and ethers; their salts
Phenoperidine; its salts; its esters and ethers; their salts
Phenothiazine; its salts; its derivatives (except dimethoxanate and promethazine);
their salts (except salts of dimethoxanate and promethazine); any compound with
any substance falling within this item
Phenprenazone
Phenprobarnate
Phenylbutazone; its salts
2-Phenyleinchoninic acid; 2-salicylcinchoninic acid; their salts; their esters
5-Phenyihydantoin; its alkyl and aryl derivatives; their salts
4-Phenylpiperidine-4-carboxylic acid ethyl ester; its salts
Pholcodine; its salts; its esters and ethers; their salts; except substances containing less
than 1.5% of pholcodine
Picrotoxin
Piminodine; its salts
Pipobroman
Piritramide; its salts





Piromidic acid; its salts
Piroxicam
Pirprofen; its salts
Pituitary gland, the active principles of, other than corticotrophins, oxytocins and
vasopressins
Polymethylenebistrimethylammoidum salts
Prazosin; its salts
Primidone
Prindolol; its salts
Probucol
Procainamide; its salts
Procarbazine; its salts
Procaterol and its salts when contained in aerosol dispensers
Procyclidine; its salts
alpha-Prodine; its salts
beta-Prodine; its salts
Proglumetacin; its salts
Proheptazine; its salts
Promoxolane
Propafenone; its salts
Propanidid
Propofol
Propoxyphene; its salts; its optical isomers; their salts
Propranolol; its salts; its derivatives; their salts
Propylhexedrine; its salts
Proquazone
Prostaglandins, the following and their derivatives-
Alprostadil
Dinoprost
Dinoprostotle
Misoprostol
their salts; their esters
Prothionamide
Prothipendyl; its salts
Protriptyline; its salts; its derivatives; their salts
Pyrazinamide
PyrithyIdione
Quinethazone
Quinidine; its salts
Quinine; its salts; its derivatives; their salts
Reproterof and its salts when contained in aerosol dispensers
Rimiterol and its salts when contained in aerosol dispensers
Rosoxacin; its salts
Salbutamol and its salts when contained in aerosol dispensers
Savin, oil of





Sotalol; its salts
Spironolactone
Strophanthus, glycosides of
Styramate
Sulindac
Sulphinpyrazone
Sulphonal; alkyl sulphonals
Sulpiride
Sultopride
Suprarenal gland, the active principles of, except adrenaline and noradrenaline
(other
than when contained in aerosol dispensers); their salts, except salts of adrenaline
(other than when contained in aerosol dispensers); their derivatives; their salts
Sutoprofen; its salts
Suxamethonium; its salts
Syrosingopine

Tamoxifen;.moxifen; its salts
Teniposide
Terbutaline and its salts when contained in aerosol dispensers
Tetrabenazine; its salts
Tetracosatrin; its salts
Thalidomide; its salts
Thallium, salts of
Theofibrate
Thiacetazone
Thiocarlide; its salts
Thiotepa
Thyroid gland, the active principles of., their salts
Tilidate; its salts
Timolol; its salts
Tinoridine; its salts
Todralazine; its salts
Tofenacin; its salts
Tolazamide
Tolbutamide
Tolfenamic Acid; its salts
Tolmetin; its salts
Tolperisone; its salts
Tranyleypromine; its salts
Trazodone; its salts
Tretamine; its salts
Triarnterene; its salts
Triaziquone
Tribromoethyl alcohol





2,2,2-Trichloroethyl alcohol, esters of, their salts
Trilostane
Trimeperidine; its salts
Trimetaphan; its salts
Trimethadione
Trimetozine
Trimipramine; its salts
Trioxsalen
Tybamate
Urapidil; its salts
Urethane
Valnoctamide
Valproic acid; its salts; its esters
Vasopressins
Vencuronium; its salts
Verapamil; its salts
Viloxazine; its salts
Vindesine; its salts
PC- melidine; its salts
zi
Zomepirac; its salts
Zoxazolarnine; its salts

B

Barium, salts of, except barium sulphate
alpha-Chlorohydrin Crimidine
Dimetilan
Dinitrocresols (DNOC), their compounds with a metal or a base, except preparations
for use in agriculture or horticulture
Dinitronaphthols; dinitrophenols; dinitrothymols
Fluoroacetamide; fluoroacetanilide
Monofluoroacetic acid; its salts
meta-Nitrophenol; ortho-nitrophenol; para-nitrophenol
Organo-tin compounds, the following-
Compounds of fentin
Phosmet
Pyriminil
Zinc phosphide

SECOND SCHEDULE [reg. S.]

ARTICLES EXEMPTED BY REGULATION 8 FROM THE PROVISIONS OF
TKE ORDINANCE AND OF THESE REGULATIONS

GROUP 1

GENERAL EXEMPTIONS

Adhesives; agricultural pesticides; anti-fouling compositions; builders' materials;
ceramics; distempers; electrical valves; enamels; explosives; fillers; fireworks; fluores-





cent lamps; glazes; glues; inks; lacquer solvents; loading materials; matches; motor
fuels and lubricants; paints other than pharmaceutical paints; photographic paper;
pigments; plastics; propellants; rubber; varnishes

GROUP 11

SPECIAL ExEmPTIONS

A

Poison Substance or article in which exempted

Alkaloids, the following-
Brucine Surgical spirit containing not more than 0.015%
of brucine

Emetine lpecacuanha; extracts and tinctures of ipeca-
cuanha; substances containing less than 0.05%
of emetine
Ephedra, alkaloids of Substances containing less than 1% of the alka-
loids of ephedra, their optical isomers
Lobelia, alkaloids of Preparations for the relief of asthma in the form
of cigarettes, smoking mixtures or fumigants;
substances containing less than 0. 1 % of the
alkaloids of lobelia
Pilocarpus, alkaloids of Substances containing less than 0.025% of the
alkaloids of pilocarpus, preparations contain-
ing not more than 2%, weight of the
sulphate salt of transpilosine
Pomegranate, alkaloids of Pomegranate bark
Stavesacre, alkaloids of Soaps; ointmentsl lotions for external use
para-Aminobenzenesulphona- Feeding stuffs containing not more than 0.5% of
mide; its salts; derivatives total sulphonamides
of para-aminobenzenesul-
phonamidehavinganyofthe
hydrogen atoms of the
para amino gropup of of
the sulphonamide group
substituted by another
radical; their salts
Androgenic, oestrogenic and Preparations intended for external application
progestational substances, only; except preparations containing more than
the following- 4 milligrammes of oestrogenic substance per
Benzoestrol 100 grammes of inert substance
Derivatives of stilbene,
dibenzyl or naphth-
alene with oestrogenic
activity; their esters
Steroid compounds with preparations intended to be taken orally for con-
androgenic or traceptive purposes only which contain not
oestrogenic or more than 50 microgrammes of oestrogenic
progestational substance and not more than 5 milligammes
activity; their esters of progestational substance; multivitamin
preparations with or without minerals contain-
ing not more than 0.01 Ing. ethinyloestradiol or
not more than 2.5 rng. Methyltestosterone or
both in each dosage form
Antihistamine substances; Preparations intended for external application
their salts; any compound only and preparations containing not more
with any substance failing than 1 % of anti-histamine substances for appli-
within this item cation in the nose or eye





Poison Substance or article in which exempted
Arsenical posions Poultry or pig feeding stuffs containing not more
than 0.005% of 4-hydroxy-3-nitrophenylarso-
nic acid and not containing any other arsenical
posion; animal feeding stuffs containing not
more than 0.01% of arsenilic acid and not
containing any other arsenical poison; poultry
feeding stuffs containing not more than
0.0375% of carbarsone and not containing any
other arsenical poison;
medicines containing arsenic in a non-assimilable
form
Barbituric acid; its salts; its Self-heating preparations, in aerosol dispensers
derivatives; their salts; any intended for external application only, contain-
compound with any sub- ing 1, 5-diethyl-2-thio-4, 6-pyrimidine-dione
stance falling within this and not containing any other substance men-
item tioned opposite hereto in the first column
Chloroform Substances containing less than 1 % of chloro-
form; solid preparations; toothpaste
Clioquinol Preparations intended for external application
only
Creosote obtained from wood Substances containing less than 50% of creosote
obtained from wood
Diperodon; its salts Preparations intended for external application
only, containing not more than 1 % of dipero-
don, calculated as anhydrous base
Hydrocyanic acid Preparations of wild cherry; in reagent kits sup-
plied for medical or veterinary purposes; sub-
stances containing less than the equivalent of
0.1%, weight in weight, of hydrocyanic acid
(HCN)
Lead acetate Substances containing less than 4% of lead
acetate
Lead, compounds of Machine-spread plasters
Lignocaine; its salts Preparations intended for external application
only, containing not more than 0.7% of Ligno-
caine or its salts
Mercury, nitrates of Ointments containing less than the equivalent of
3%, weight in weight, of mercury (Hg)
Mescaline; its salts Living plants
Phenols Butylated hydroxytoluene, carvacrol, creosote
obtained from coal tar;
essential oils in which phenols occur naturally;
medicines containing less than 1 % of phenols;
nasal sprays, mouth washes, pastilles, lozenges,
capsules, pessaries, ointments or suppositories
containing less than 2.5% of phenols, in reagent
kits supplied for medical or veterinary pur-
poses;
smelling bottles;
soaps for washing;
solid substances, other than pastilles, lozenges,
capsules, pessaries, ointments and supposi-
tories, containing less than 60% of phenols;
Tar (coal or wood), crude or refined;
para-tertiary amylphenol;
tertiary butylcresol;
para-tertiary butylphenol;
para-(1, 1, 3, 3-tetramethylbutyl) phenol;
thymol





Poison Substance or article in which exempted
Phenyl mercuric salts Toilet, cosmetic and therapeutic preparations
containing not more than 0.01% of phenyl
mercuric salts as preservative; antiseptic dress-
ings on toothbrushes; in textiles containing
not more than 0.01 % of phenyl mercuric salts
as a bacteriostat and fungicide
Picric acid Substances containing less than 5% of picric acid
Podophyllum resin Preparations containing not more than 1.5%,
weight in weight, of podophyllum resin
Procaine Feeding stuffs containing any substance to which
the Antibiotics Ordinance for the time being
applies
Quinine; its salts; its Preparations containing not more than 1% of
derivatives; their salts quinine, its salts, its derivatives or their salts;
soft drinks, wines or tonic wines; preparations
containing not more than 15% of quinine, its
salts, its derivatives or their salts for use in
the manufacture of soft drinks, wines, tonic
wines, or confectionery
Sodium ethyl mercurithio- Therapeutic substances containing less than 0. 1 %
salicylate of sodium ethyl mercurithiosalicylate as a
preservative
Sodium fluoride Substances containing less than 3% of sodium
fluoride as a prescrative; dentifrices contain-
ing not more than 0.3% of sodium fluoride;
mouth wash tables containing not more than
0.2% of sodium fluoride and liquid mouth
washes containing not more than 0.05% there-
of; tablets containing not more than 0.016%,
weight in weight, of sodium fluoride and
intended, when chewed to prevent tooth decay

B
Acetanilide; alkyl acetanilides Substances not being preparations for the treat-
ment of human ailments
Ammonia Substances not being solutions of ammonia or
preparations containing solutions of ammonia;
substances containing less than 5%, weight
in weight, of ammonia (NH3); refrigerators;
smelling bottles
Antimony, chlorides of Polishes
Arsenical poisons Pyrites ores or sulphuric acid containing arsenical
poisons as natural impurities
Barium, salts of Witherite other than finely ground witherite;
barium carbonate bonded to charcoal for
case hardening; fire extinguishers containing
barium chloride
gamma-Benzene Substances containing not more than 5% by
hexachloride weight of gamma-benzene hexachloride; when
used in agriculture or horticulture
Chlordane Substances containing not more than 5% by
weight of chlordane; when used in agriculture
or horticulture
Dicophane Substances containing not more than 5% by
weight of dicophane; when used in agriculture
or horticulture
Diamines, the following; their Substances other than preparations for the dyeing
salts-phenylene diamines; of hair
toluene diamines; other
alkylated-benzenediamines





Poison Substance or article in which exempted
Dinitrophenols Substances not being preparations for the treat-
ment of human ailments
Disulfiram Substances not being preparations for the treat-
ment of human ailments
Formaldehyde Substances containing less than 5%, weight in
weight, of formaldehyde (H. CHO); photo-
graphic glazing or hardening solutions
Formic acid Substances containing less than 5%, weight in
weight, of formic acid (H. COOH)
Hydrochloric acid Substances containing less than 9%, weight in
weight, of hydrochloric acid (HCI)
Mercuric chloride Batteries
Mercuric chloride; mercuric Dressings on seeds or bulbs
iodide; organic compounds
of mercury
Mercury, oxides of Canker and wound paints (for trees) containing
riot more than 3%, weight in weight, of yellow
mercuric oxide
Nicotine Tobacco; preparations in aerosol dispensers con-
taining not more than 0.2% of nicotine, weight
in weight; other liquid preparations and solid
preparations with a soap base, containing not
more than 7.5 % of nicotine, weight in weight
Nitric acid Substances containing less than 9%, weight in
weight, of nitric acid (HN02)
Nitrobenzene Substances containing less than 0. 1 % of nitroben-
zene; soaps containing less than 1 % of nitroben-
zene; polishes
para-Nitrobenzyl cyanide Photographic solutions containing less than the
equivalent of 0. 1 %, weight in weight, of hydro-
cyanic acid (HCN)
para-Nitrophenol Preparations for use in agriculture or horticulture
containing not more than 0.5% of para-Nitro-
phenol as preservative
Oxalic acid; metallic oxalates Laundry blue; polishes; cleaning powders or
scouring products containing the equivalent of
not more than 10% of exalic acid dihydrate
Phosphoric acid Substances containing phosphoric acid, not being
descaling preparations containing more than
50%, weight in weight, of ortho-phosphoric
acid
Potassium hydroxide Substances containing the equivalent of less than
17% of total caustic alkalinity expressed as
potassium hydroxide; accumulators, batteries
Sodium hydroxide Substances containing the equivalent of less than
12% of total caustic alkalinity expressed as
sodium hydroxide
Sodium nitrite Substances other than preparations containing
more than 0. 1 % of sodium nitrite for the des-
truction of rats or mice
Sodium silicofluoride Substances containing less than 3% of sodium
silicofluoride as preservative
Sulphaquinoxaline; its salts Preparations for the destruction of mice and rats
containing not more than the equivalent of
0.5% of sulphaquinoxaline
Sulphuric acid Substances containing less than 9%, weight in
weight, of sulphuric acid (H2S04); accumula-
tors;
batteries and scaled containers in which sul-
phuric acid is packed together with car batter-
ies for use in those batteries; fire extinguishers





THIRD SCHEDULE [reg. 9(1)_]
A
SUBSTANCES REQUIRED BY REGULATION 9 TO BE SOLD BY RETAIL ONLY UPON
A PRESCRIPTION GIVEN BY A REGISTERED MEDICAL PRACTITIONER,
REGISTERED DENTIST OR DULY QUALIFIED VETERINARY SURGEON
Acebutolol; its salts
Acetanilide; alkyl acetanilides
Acetohexamide
Acetylcarbromal
Alclofenac; its complexes
curonium; its salts
VAIllylisopropylacetylurea
Almitrine; its salts
Alphadolone; its esters
Alphaxalone
Alprenolol; its salts
Alulibrate
Amantadine; its salts
Amidopyrine; its salts
Amiloride; its salts
Amineptine; its salts
para-Arninobenzenesulphonamide; its salts; derivatives of para-aminobenzene-
sulphonamide having any of the hydrogen atoms of the para-amino group or of the
sulphonamide group substituted by another radical; their salts; except when
contained in preparations intended for external application or surgical dressings or
in preparations for the prevention and treatment of diseases in poultry
Aminoglutethirnide
Arninopterin; its derivatives
Aminorex; its salts
para-Arninosalicylic acid; its salts; its derivatives; their salts; any compound with any
substance falling within this item
Amitriptyline; its salts
Amrinone
Amsacrine; its salts
Amyiene hydrate
Androgenic, oestrogenic and progestational substances, the following-
Benzoestrol
Derivatives of stilbene, dibenzyl or naphthalene with oestrogenic activity; their
esters
Steroid compounds with androgenic or oestrogenic or progestational activity; their
esters
Antihistamine substances, the following; their salts; any compound with any sub-
stance falling within this item-
Antazoline
Doxylamine
Mebhydrolin
Tripelennamine
Antithymocyte Immunoglobulin
Aprindine; its salts
Atenolot; its salts
Atracurium. Besylate
Auranofin
Azacyclonol; its salts
Azapropazone





Azauridine; its derivatives
Aziridine; its derivatives
Baclofen
Barbituric acid; its salts; its derivatives; their salts; any compound with any substance
t;_' falling within this item
Renactyzine; its salts
Benoxaprofen; its salts
Bewquinamide
Betaxolol; its salts
Bethanidine; its salts
Bezafibrate
N-[4,4-Bis(para-fluorophenyl)butyllpiperidine,4-substituted derivatives of; their salts
Bitolterol and its salts when contained in aerosol dispensers
Bromocriptine; its salts
Bromvaletone
Bucolome
Bufexamac
Buformin; its salts
Bumadizone; its salts
Bumetanide; its salts; its derivatives; their salts
Bupranolol; its salts
Buprenorphine; its salts
Buserelin; its salts
Rusulphan; its salts
Butorphanol; its salts
Captodiamine; its salts
Captopril
Caramiphen; its salts; except tablets containing not more than the equivalent of 7.5
milligrammes of caramiphen base and liquid preparations containing not more
than the equivalent of 0. 1 % of caramiphen base
Carbamazepine
Carboplatin
Carbromal
Carbutamide
Carisoprodol
Carmustine
Carprofen; its salts
Carteolol; its salts
Chloral; its addition and its condensation products other than alphachloralose, any
compound with any substance failing within this item; except when contained, in
the form of chloral hydrate, in preparations intended for external application only
Chlordiazepoxide; its salts
Chlormethiazole; its salts
Chlormezanone
Chlorothiazide and other derivatives of benzo-1,2,4-thiadiazine-7-sulphonaniide 1,
1-dioxide, whether hydrogenated or not; their salts
Chlorphentermine; its salts





Chlorproparnide; its salts
Chlorprothixene and other derivatives of 9-methylenethiaxanthen; their salts
Chlorthalidone and other derivatives of ortho-chlorobenzene sulphonamide
Chlorzoxazone
Chymopapain
Cisplatin
Clioquinol
Clobazam
Clofibrate
Clomiphene; its salts
Clomipramine; its salts; its derivatives; their salts
Clonidine; its salts
Clorexolone
Clorprenaline and its salts when contained in aerosol dispensers
Clothiapine
Colaspase
Colchicum, alkaloids of, their salts
Collagen, purified
Corticotrophins
Corynebacterium parvum
Cyclarbamate
Cyclobenzaprine; its salts
Cyclofenil
Cyclosporin A
Cytarabine; its salts
Dacarbazine
Deanol acetamidobenzoate
Debrisoquine; its salts
Demecarium bromide
Desipramine; its salts
Diazeparn and other compounds containing the chemical structure of dihydro-1,
4-benzodiazepine substituted to any degree; their salts
Diazoxide
Diclofenac; its salts
3-(3,4-Dihydroxyphenyl)alanine; its salts
Dihydrallazine; its salts
Disopyramide; its salts
Disulfiram
Dithienylallylamines; dithienylaikylailylamines; their salts; except diethylthiambut-
ene, dimethylthiarnbutene and ethyImethylthiambutene
Dothiepin; its salts
Doxapram; its salts
Doxepin; its salts; its derivatives; their salts
Droperidol
Ectylurea





Emylcamate
Enalapril; its salts
Ephedrine; its optical isomers; their salts; when contained in aerosol dispensers
Ethaerynic acid; its salts
Ethambutol; its salts
Ethchlorvynol
Ethinamate
Ethionamide
Ethoglucid
EthyInoradrenaline and its salts when contained in aerosol dispensers
Etidronic acid; its salts
Etodolac
Etofibrate
Etomidate; its salts
Etoposide
tretinate
enbufen
Fencarnfarnin; its salts
Fenclofenac; its salts
Fendiline; its salts
Fenofibrate
Fenoprofen; its salts
Fenoterol and its salts when contained in aerosol dispensers
Fenoxazoline; its salts
Fentiazac; its salts
Feprazone
Flecainide; its salts
Flufenamic acid; its salts; its esters; their salts
Fluorouracil; its derivatives
Flupenthixol; its salts
Flurbiprofen
Fluspirilene
Flutamide
Frusemide
Gallamine; its salts; its quaternary compounds
Gernfibrozil
Glibenclarnide
Glibornuride
Gliclazide
Glipizide
Gliquidone
Glutethimide; its salts





Glymidine
Guanabenz; its salts
Guanethidine; its salts
Guanfacine; its salts
fHalofuginone; its salts; except for incorporation in feed for chickens for fattening at
levels not exceeding 3 parts per million
Haloperidol and other 4-substituted derivatives of N-(3-para-fluoro-benzoyl-propyl)
piperidine
Hexamethylmelamine
Hexapropymate
Hydrallazine; its salts
Hydrazines, the following and their alpha-methyl derivatives-
Benzyl hydrazine
Phenethyl hydrazine
Phenoxyethyl hydrazine
their salts; their acyl derivatives; their salts
Hydroxy-N,N-dimethyltryptarnines; their esters and ethers; any salt of any substance
failing within this item
Hydroxyphenamate
Hydroxyurea
Hydroxyzine; its salts
Ifosfamide
lmipramine; its salts
Indomethacin; its salts
Indoprofen; its salts
Indoramin; its salts
-7prindole; Tits salts
Isoarninile; its salts
Isoetharine and its salts when contained in aerosol dispensers
Isoniazid; its salts; its derivatives; their salts; any compound with any substance
falling within this item
Isoprenaline and its salts when contained in aerosol dispensers
Isopyrin; its salts
Isotretinoin
Isoxicam; its salts
-'~Ketamine; its salts
Ketoconazole
Ketophenylbutazone
Ketoprofen; its salts
Labetalol; its salts
Lithium carbonate
Lithium Sulphate
Lomustine
Lonazolac; its salts
Lorcainide; its salts





Loxapine; its salts
Lysuride. its salts

--~annomustine; its salts
Maprotiline; its salts
Mazindol
Mebutamate
Mecarnylarnine; its salts
Meclofenamic acid; its salts
Meclofenoxate; its salts
Mefenamic acid; its salts; its esters; their salts
Mefruside
Mephenesin; its esters; their salts
Mephenoxalone
Mepirizole; its salts
Meprobamate
Mercaptopurine; its salts; its derivatives; their salts
Metaxalone
Metergoline
Metformin; its salts
Methaqualone; its salts
Methocarbamol

Methoxsalen
Methoxyphenamine and its salts when contained in aerosol dispensers
Methylaminoheptane and its salts when contained in aerosol dispensers
MethyIdopa; its esters; their salts

Methylpentynol; its derivatives
alpha-Methylphenethylaraine; beta-methylphenethylamine; alpha-ethylphene-
thylamine; beta-ethylphenethylamine; their optical isomers; any synthetic
compound structurally derived from any of those substances by substitution in the
aliphatic part or by ring closure therein (or by both such substitution and such
closure) or by substitution in the aromatic ring (with or without substitution at the
nitrogen atom), except hydroxyamphetamine, methoxy-phenamine, phenylpropa-
nolamine, pholedrine, prenyh~ and N-substituted derivatives of ephedrine; any
salt of any substance failing within this item
Methylphenidate; its salts
Methyprylone
t7Metolazone
Metoprolol; its salts
Mexiletine; its salts
Mianserin; its salts
Minoxidil
Mitobronitol
Mitopodozide; its salts
Mitotane
Mitoxantrone; its salts





Mofebutazone; its salts
Molindone; its salts
Mustine and any other N-substituted derivative of di-(2-chleroethyl) amine; their
salts
Muzolimine
Nadolol; its salts
Nalbuphine; its salts
Naproxen; its salts
rNifenazone
kiflumic acid; its salts
tromethaqualone; its salts
Nomifensine; its salts
Noramidopyrine methanesulphonate; its salts
Norfloxacin; its salts; its esters
Nortriptyline; its salts
Ofloxacin; its salts; its esters
Opipramol; its salts; its derivatives; their salts
Orciprenaline and its salts when contained in aerosol dispensers
Oxanamide
Oxprenolol; its salts
Oxypertine
Oxyphenbutazone
Oxytocins
Pancuronium; its salts
Paraldehyde
Paramethadione
Pargyline; its salts
Pernoline; its salts
Pempidine; its salts
Penbutolol; its salts
Penicillamine; its salts
Pentazocine; its salts
Pentolinium; its salts
--~pPhenacemide
Phenacetin
Phenaglycodol
Phenbutrazate
Phencyclidine; its salts
Phenetidylphenacetin
Phenformin; its salts
Phenothiazine; its salts; its derivatives (except dimethoxanate and promethazine);
their salts (except salts of dimethoxanate and promethazine); any compound with
any substance falling within this item





Phenprenazone
Phenprobamate
Phenylbutazone; its salts
2-Phenylcinchoninic acid; 2-salicylcinchoninic acid; their salts; their esters
5-Phenylhydantoin; its alkyl and aryl derivatives; their salts
Pipobroman
Piromidic acid; its salts
Piroxicam
Pirprofen; its salts
Pituitary gland, the active principles of, other than corticotrophins, oxytocins and
vasopressins, except when contained in inhalants or in preparations intended for
external application only
Polymethylenebistrimethylammonium salts
Prazosin; its salts
Primidone
Prindolol; its salts
Probucol
Procainamide; its salts
Procarbazine; its salts
Procaterol and its salts when contained in aerosol dispensers
Progiumetacin; its salts
Promoxolane
Propafenone; its salts
Propanidid
Propofol
Propranolol; its salts; its derivatives; their salts
Propylhexedrine and its salts, except when contained in inhalers
Proquazone
Prostaglandins, the following and their derivatives-
Alprostadil
Dinoprost
Dinoprostone
Misoprostol
their salts; their esters
Prothionamide
Prothipendyl; its salts
Protriptyline; its salts; its derivatives; their salts
Pyrazinamide
PyrithyIdione
Quinethazone
Quinidine; its salts
Quinine; its salts; its derivatives; their salts; except in preparations containing less
than 10% of quinine, its salts, its derivatives or their salts
Rauwolfia, alkaloids of, their salts; derivatives of the alkaloids of rauwolfia; their
salts





Reproterol and its salts when contained in aerosol dispensers
Rimiterol and its salts when contained in aerosol dispensers
Rosoxacin; its salts
--~s~butamol and its salts when contained in aerosol dispensers
Sotalol; its salts
Spironolactone
Styramate
Sulindac
Sulphinpyrazone
Sulphonal; alkyl sulphonals
Sulpiride
Sultopride
Suprarenal gland, the active principles of, except adrenaline and noradrenaline (other
than when contained in aerosol dispensers); their salts; except salts of adrenaline
(other than when contained in aerosol dispensers); their derivatives; their salts
Suxamethonium; its salts
Syrosingopine
Tamoxifen; its salts
Teniposide
Terbutaline and its salts when contained in aerosol dispensers
Tetrabenazine; its salts
Tetracosatrin; its salts
Thalidomide; its salts
Theofibrate
Thiacetazone
Thiocarlide; its salts
Thiotepa
Thyroid gland, the active principles of; their salts
Tilidate; its salts
Timolol; its salts
Tinoridine; its salts
Todralazine; its salts
---,,Tofenacin; its salts
Tolazamide
Tolbutainide
Tolfenarnic acid; its salts
Tolmetin; its salts
Tolperisone; its salts
VT1anyleypromine; its salts
Trazodone; its salts
Tretamine; its salts
Triamterene; its salts
Triaziquone





Tribromoethyl alcohol
2,2,2-Trichloroethyl alcohol, esters of., their salts
Trilostane
Trimetaphan; its salts
Trimethadione
Trimetozine
Trimipramine; its salts
Trioxsalen
Tybamate
Urapidil; its salts
Urethane
Valnoctamide
Valproic acid; its salts; its esters
Vasopressins
Vencuronium; its salts
Verapamil; its salts
Viloxazine; its salts
Vinca, alkaloids of
Vindesine; its salts
~7Zi.elid-ine; its salts
Zornepirac; its salts
Zoxazolarnine; its salts

B

Dinitrocresols (DNOC), their compounds with a metal or a base, except prepara-
tions for use in agriculture or horticulture
Dinitronaphthols; dinitrophenols; dinitrothymols
Hexachlorophane; preparations containing more than 0. 1 % for human or animal use
in aerosol containers; preparations in the form of a cake, tablet or bar of soap for
human use containing more than 2%; preparations in the form of soaps or
shampoos for animal use containing more than 2%; medicinal preparations for
human or animal use (except those for oral administration to sheep or cattle for
liver fluke disease) containing more than 0.75%.

FOURTH SCHEDULE [reg. 14.]

STATEMENT OF PARTICULARS AS TO PROPORTION OF POISON IN
CERTAIN CASES PERMITTED BY REGULATION 14(a)

A

Name ofPoison Particulars

Alkaloids The proportion of any one alkaloid of aconite
Aconite, alkaloids of that the preparation would be calculated to
contain on the assumption that all the alkaloids
of aconite in the preparation were that alkaloid.





Name of Poison Parliculars
Belladonna, alkaloids of
Calabar bean, alkaloids
of
Coca, alkaloids of
Colchicum, alkaloids of
Ephedra, alkaloids of
Ergot, alkaloids of
Gelsemium, alkaloids of The same as above, with the substitution for
Lobelia, alkaloids of the reference to aconite of a reference to balla-
Pilocarpus, alkaloids of donna, calabar bean or such other of the said
Pomegranate, alkaloids poisons as the case may require.
of
Quebracho, alkaloids of,
other than the alkaloids
of red quebracho
Sabadilla, alkaloids of
Stavesacre, alkaloids of
Veratrum, alkaloids of
Yohimba, alkaloids of
Antimonial poisons The proportion of antimony trioxide (Sb,03)
or antimony pentoxide (Sb20.) that the pre-
paration would be calculated to contain on the
assumption that the antimony (Sb) in the poison
had been wholly converted into antimony
trioxide or antimony pentoxide as the case may
be.
Arsenical poisons The proportion of arsenic trioxide (A5203) or
arsenic pentoxide (AS201) that the preparation
would be calculated to contain on the assump-
tion that the arsenic (As) in the poison had
been wholly converted into arsenic trioxide or
arsenic pentoxide as the case may be.
Digitalis, glycosides of, other The number of units of activity as defined in the
active principles of digitalis British Pharmacopoeia contained in a specified
quantity of the preparation.
Hydrocyanic acid; cyanides; The proportion of hydrocyanic acid (HCN) that
other than ferrocyanides the preparation would be calculated to con-
and ferricyanides tain on the assumption that the cyanides in the
poison had been wholly converted into hydro-
cyanic acid.
Insulin The number of units of activity as defined in the
British Pharmacopoeia contained in a specified
quantity of the preparation.
Lead, compounds of, with The proportion of lead oxide (PbO) that the
acids from fixed oils preparation would be calculated to contain on
the assumption that the lead in the poison had
been wholly converted into lead oxide.
Mercury, organic compounds The proportion of organically-combined mercury
of (Hg) contained in the preparation.
Nux Vomica The proportion of strychnine contained in the
preparation.
Opium The proportion of morphine contained in the
preparation.
Phenols The proportion of phenols (added together) con-
tained in the preparation.
Compounds of a phenol The proportion of phenols (added together) that
with a metal the preparation would be calculated to con-
tain on the assumption that the compounds of
phenols with a metal had been wholly con-
verted into the corresponding phenols.





Name of Poison Particulars

Pituitary gland, the active Either-
principles of (a) The number of units of activity as
defined in the British Pharmacopoeia
contained in a specified quantity of
the preparation; or
(b)the proportion of pituitary gland, or
of anterior or of posterior lobe of the
gland, as the case may be, contained
in the preparation; or
(e)the amount of pituitary gland, or of
anterior or of posterior lobe of the
gland, as the case may be, from which
a specified quantity of the preparation
was obtained, together with an indi~
cation whether the amount relates to
fresh or to dried gland substance.

Strophanthus, glycosides ofThe amount of Standard Tincture of Strophan-
thus as defined in the British Pharmacopoeia
1948 which possesses the same activity as a
specified quantity of the preparation when
assayed by the method described in the said
Pharmacopoeia.

Suprarenal gland, the active Either-
principles of, their salts; (a) the proportion of suprarenal gland or
their derivatives; their salts of the cortex or of the medulla of the
gland, as the case may be, contained
in the preparation; or
(b)the amount of suprarenal gland, or of
the cortex or of the medulla of the
gland, as the case may be, from which
a specified quantity of the preparation
was obtained, together with an indica-
tion whether the amount relates to
fresh or to dried gland substance.

Thyroid gland, the active Either-
principles of., their salts (a) the proportion of thyroid gland con-
tained in the preparation; or
(b)the amount of thyroid gland from
which a specified quantity of the pre-
paration was obtained together with
an indication whether the amount
relates to fresh or to dried gland.

B

Barium, salts of The proportion of one particular barium salt
which the preparation would be calculated to
contain on the assumption that the barium (Ba)
in the preparation had been wholly converted
into that salt.
Potassium hydroxideThe proportion of potassium monoxide (K20)
which the preparation would be calculated to
contain on the assumption that the potassium
hydroxide in the preparation had been wholly
converted into potassium monoxide.
Sodium hydroxide The proportion of sodium monoxide (Na20)
which the preparation would be calculated to
contain on the assumption that the sodium
hydroxide in the preparation had been wholly
converted into sodium monoxide.











FIFTH SCHEDULE [reg. 15(2)-1

INDICATION OF STATEMENT PRESCRIBED BY REGULATION 15 FOR
THE PURPOSES OF SECTION 27(c) OF THE ORDINANCE

1.To he labelled with the words 'Caution. It is dangerous to take this
preparation except under medical supervision.'

Medicines made up ready for the internal treatment of human ailments
and containing insulin

2.To be labelled with the words 'Caution. It is dangerous to exceed the stated
dose.

Medicines (other than medicines containing insulin and medicines
mentioned in paragraph 8 of this Schedule) made up ready for the
!nternal treatment of human ailments except in the case of a substance
included in the First Schedule

3. To be labelled with the words 'Poison. For animal treatment only.

Medicines made up ready for the treatment of animals

4.To be labelled with the words 'Caution. This preparation may cause serious
inflammation of the skin in certain persons and should be used only in accordance
with expert advice.'

Preparations for the dyeing of hair containing phenylene diamines, toluene
diamines or other alkylated-benzene diamines or their salts

5. To be labelled with the words 'Caution. This substance is caustic.'

Potassium hydroxide, sodium hydroxide, and articles containing either of
those substances

6.To be labelled with the words 'Caution. This substance is poisonous. The
inhalation of its vapour, mist, spray or dust may have harmful consequences- It
may also be dangerous to let it contact the skin or clothing.

Diethyl para-nitrophenyl phosphate
Fluoroacetamide; fluoroacetanilide
Monofluoroacetic acid; its salts
Organic compounds of mercury in aerosols

7. To be labelled with the words 'Caution. This preparation should be
administered only under medical supervision. The vapour is dangerous.

Medicines made up ready for the internal or external treatment of human
ailments and containing dyflos

8.To be labelled with the words 'Caution. This may cause drowsiness. If
affected, do not drive or operate machinery.

Medicines made up ready for the internal treatment of human ailments if
the poison is one of the antihistamine substances, their salts, or their
compounds with any other substance



9. To be labelled with the words 'Caution. Not to be taken internally.'

Preparations for external use containing mercuric ammonium chlorides
10. (a)To be labelled with the words 'Not to be usedfor babies' '&k%gffl o j
or 'This preparation should not be administered, except on medical advice,
to a child under 2 years of age.'


Hexachlorophane

(b)To be labelled with the words 'Not to be usedfor whole body bathing
except on medical advice.'
Soap for human use containing 2% or more of hexachlorophane

(c)To be labelled with the words 'For animal treatment only.

Medicine containing hexachlorophane for the treatment of animal

(d)To be labelled with the words 'Notfor usefor lactating cattle.
-
Medicine containing hexachlorophane for oral administration for the
prevention or treatment of liver fluke disease in cattle

(e)To be labelled with the words 'Protective clothing must be worn by the
operator when this product is being administered.

Medicine containing hexachlorophane for oral administration for the
prevention or treatment of liver fluke disease in sheep or cattle

11. To be labelled with-
(i) the words 'Rat Poison. Keep away from children, domestic animals and
pets. Obtain medical attention for poisoned persons. Destroy old con-
tainers and untaken baits.'


(ii) a description of relevant first aid treatment.

Preparations made up ready for the destruction of rats and mice containing-
alpha-Chlorohydrin
Chlorophacinone
Cournachlor
Cournaffiryl
Coumatetralyl
Crimidine
Difenacourn
Diphacinone
Pindone
Pyriminil
Valone
Warfarin
Zinc Phosphide





SIXTH SCHEDULE [reg. 4(2).]

POISONS EXEMPTED BY REGULATION 4 FROM LABELLING PROVISIONS
WHEN SOLD OR SUPPLIED IN CERTAIN CIRCUMSTANCES

A

Antimony, chlorides of; oxides of, sulphides of, antimonates; antimonites
Chloroform
Glyceryl trinitrate
Lead acetates; compounds of lead with acids from fixed oils
Mercuric chloride; mercuric iodide; organic compounds of mercury
Mercury, nitrates of; oxides of
Oxalic acid; metallic oxalates
Phenols; compounds of phenol with a metal
Picric acid

B

Ammonia
Alkali fluorides
Dinitrocresols
Dinitronaphthols; dinitrophenols; dinitrothymols
Formaldehyde
Formic acid
Hydrochloric acid
Hydrofluoric acid; sodium silicofluoride
Nitric acid
Nitrobenzene
meta-Nitrophenol; ortho-nitrophenol; para-nitrophenol
Phosphorus, yellow
Potassium hydroxide
Sodium hydroxide
Sulphuric acid

SEVENTH SCHEDULE [reg- 21

POISONS REQUIRED BY REGULATION 21 TO BE SPECIALLY
LABELLED FOR TRANSPORT

A

Arsenical poisons
Diethyl para-nitrophenyl phosphate
Hydrocyanic acid; cyanides, other than ferrocyanides and ferricyanides, except
preparations containing less than the equivalent of 0. 1 %, weight in weight, of
hydrocyanic acid (HCN)
Nicotine
Strychnine; its salts
Thallium, salts of





B

Barium, salts of, except barium sulphate
alpha-Chlorohydrin
Chlorophacinone
Cournachlor
Coumafuryl
Coumatetralyl
Crimidine
Difenacourn
Diphacinone
Fluoroacetarnide; fluoroacetanilide
Monofluoroacetic acid; its salts
Pindone
Pyriminil
Valone
Warfarin
Zinc Phosphide

EIGHTH SCHEDULE

FORM 1 [reg. 26(4)-1

PHARMACY AND POISONS ORDINANCE

(Chapter 138)
WHOLESALE POISONS LICENCE

................... of

is hereby licensed to deal in wholesale poisons at ........................................................

................... until the day of

........................ 19 inclusive, subject to the

conditions endorsed hereon.

Dated this .day of ..............19
A


for and Poisons Board.
CONDITIONS


. . .

.... 1
.............. 1





FORM 2 [reg. 28(4).
RAJ

PHARMACY AND POISONS ORDINANCE


(Chapter 138)


FORM OF RECORDS OF TRANSACTIONS INVOLVING POISONS IN PART 1 OF
THE POISONS LIST TO BE KEPT BY WHOLESALE DEALERS






FORM 3 [reg. 29(5).]

PHARMACY AND POISONS ORDINANCE


(Chapter 138)


CERTIFICATE FOR MANUFACTURER


It is hereby certified that ......................................................................................


............... 1
(Name of the pharmaceutical firm)

(1) is authorized to manufacture and market drugs and pharmaceutical

products;

(2) is subject to regular inspections which have shown that it follows the

requirements of good practices in manufacture and quality control of

drugs and pharmaceutical products as recommended by the World

Health Organization, and is included in the list established for that

purpose.

HONG KONG. ......................................(Date)




...............-- -- ................ ..........
for Pharmacy and Poisons Board.





FORM 4 [reg. 29(5).]

PHARMACY AND POISONS ORDINANCE


(Chapter 138)


INTERIM CERTIFICATE FOR MANUFACTURER


It is hereby certified that ...................................................................................


....................................
(Name and address of manufacturer)

(1) is authorized to manufacture and market drugs and pharmaceutical

products;

(2) is subject to regular inspections in respect of the manufacture of drugs

and pharmaceutical products in accordance with the requirements

recommended by the World Health Organization.

This certificate shall expire on ..............................................................................


Subject to the Pharmacy and Poisons Board being satisfied that the manu-

facturer complies with the requirements of good practices in manufacture and

quality control of drugs and pharmaceutical products as recommended by the

World Health Organization, a Certificate for Manufacturer may be issued on or

before the expiry of this certificate.


HONG KONG. ...................................... (Date)

for and Poisons Board.





FORM 5[reg. 29(6).]

PHARMACY AND POISONS ORDINANCE

(Chapter 138)

FREE SALE CERTIFICATE OF PHARMACEUTICAL PRODUCT


Name and dosage form of product: ............................................................................

Name and amount of each active ingredient: ..............................................................

..................
- ..........................................................................................................................
............. 1 .11
.........................

Manufacturer, and/or when applicable, the person responsible for placing the

product on the market: ........................................................................................


...................................

.................*---* .....**---*------ *-** *---* *---* **** ****
Address(es): .................................................................................................................

It is certified that:

This product has been authorized to be placed on the market for use in

Hong Kong.

Number of permit and date of issue .................................................................

.. .......................................................................................................................
This product has not been authorized to be placed on the market for use

in Hong Kong for the following reasons: .........................................................

..................................
..................................
It is also certified that (a) the manufacturing plant in which the product is
2, 2 R)] ( FP ) ñ
produced is subject to inspection at suitable intervals, and (b) the manufacturer

conforms to requirements for good practices in the manufacture and quality

control, as recommended by the World Health Organization, in respect of products

to be sold or distributed within the country of origin or to be exported.

HONG KONG. .........................(Date)


...............................................................
for Pharmacy and Poisons Board.





Form 6 [reg. 36(2).]


PHARMACY AND P01SONS ORDINANCE


(Chapter 138)

APPLICATION FOR REGISTRATION OF A DRUG/
PHARMACEUTICAL PRODUCT/SUBSTANCE


the relevant literature must be submitted together with the application.
Supplementary documentation and supporting documents issued by the
health authority in the Country of origin should be submitted if required.

Name of Drug/Product/Substance*:
(*Delete as appropriate)

Dose Form/Package Size(s):

Detailed Qualitative and Quantitative Composition:

Indications:


Names of Countries in which registered/marketed:

Name of Applicant:

Business Address of Applicant: Tei. No.

Name of Manufacturer:


Address of Manufacturer:






DECLARATION OF APPLICANT


I hereby declare that to the best of my knowledge and belief the information given
in this application is correct.

Date: .............Signature:


For Office Use Only






Form 7 [reg. 36(5).]


PHARMACY AND POISONS ORDINANCE

(Chapter 138)

CERTIFICATE OF DRUG/PRODUCT REGISTRATION

It is hereby certified that ......................................................................................


............ 1
(Name and address)

has been issued with a permit No . authorizing

.......... (Name of drug/product) to be

marketed for use within Hong Kong.

2. This certificate will be valid until ..................................................................

19 and thereafter for periods of 5 years at a time on renewal and subject

to the payment of the registration fee.

3. No change in the formulation and commercial presentation of this product

shall he made during the effectivity of this registration without the approval of the

Pharmacy and Poisons Board.


HONG KONG.




...................................... (Date)



for Pharmacy and Poisons Board.





FORM 8 [reg. 41(1).]

PHARMACY AND POISONS ORDINANCE


(Chapter 138)

CERTIFICATE

For the purposes of section 22(1)(a) of the Pharmacy and Poisons Ordinance,

I, the undersigned, occupying(a) ...................................................................................

........................... 1
hereby certify that 1 am acquainted with(b) ...................................................................

........ and with(c)

......................... 1 and that0)

..... is a fit and proper person to whom

(d) ........................may properly
(T)
be supplied by(c) ...........................................................................................................

1 further certify that(e) ...........................................................................................

................... is the signature of the said(h)

...................

. .................
Signature ofperson giving certificate.


(Name in block letters) ..................................................................

Date ..................

(a) Insert M postal address.
(b) Insert full narne of intending purchaser.

(c) Insert full name of intending seller.

(d) Insert narne of poison.
(e) Intending purchaser to sign here.





FORM 9 [reg. 41(2).]

PHARMACY AND POISONS BOARD


HONG KONG

PHARMACY AND POISONS ORDINANCE

(Chapter 138)

CERTIFICATE OF REGISTRATION
(Section 9(1))

Number onRegister............................................

This is to certify that ............................................................................................
whose address is ..........................................................................................................

...........................

and whose photograph appears hereon was on the .....................................................

day of ................19 admitted to the register of

pharmacists.


Dated this ........day of ......19

............. 1
Secretary,
Pharmacy and Poisons Board.






FORM 10 [reg. 42(3).]


PHARMACY AND POISONS ORDINANCE


(Chapter 138)

FORM OF ENTRY TO BE MADE IN THE BOOK TO BE KEPT BY
SELLERS OF POISONS IN ACCORDANCE WITH SECTION 22(3)







FORM 11
[Spent]

FORM 12 [reg. 36B(3).]


PHARMACY AND POISONS ORDINANCE


(Chapter 139)

CERTIFICATE FOR CLINICAL TRIAL/MEDICINAL TEST*


It is hereby certified that .................................................................................


........... ..1
(Nante and address)

is authorized to establish a clinical trial on human beings/medicinal test on

animals in respect of


............................................................................................................. 1
(Nante ofproduct or substance)

to be conducted by ....................................................................................................
(Natne(s) ofperson(s) concerned)

at .................................................................................................................................
Rath MA (Nanze and address of instintlion where applicable)

.............................................................................................................................

2. This certificate will be valid until ..................................................................

...................

HONG KONG. ...................................... (Date)







FORM 13 [reg. 37A.]

PHARMACY AND POISONS ORDINANCE

(Chapter 138)

APPLICATION FOR REGISTRATION AS AN
IMPORTER/EXPORTER OF PHARMACEUTICAL PRODUCTS

We wish to apply for registration as an importer and exporter of pharma-
ceutical products under the Pharmacy and Poisons Ordinance, Cap. 138.

Name of pharmaceutical product(s)
registered by Applicant:

Name of manufacturer(s) represented by
Applicant, if any:

Description of storage room/cublele/receptacle*:
(* Delete as appropriate)

Name of Applicant:

Business Address of Applicant: Tel. No.

Name of person in charge:

Date ...........Signature






FoRm 14 [reg. 37A.]
PHARMACY AND POISONS ORDINANCE
(Chapter 138)
CERTIFICATE OF REGISTRATION AS AN IMPORTER
AND EXPORTER

It is hereby certified that ......................................................................................
.......................................
(Name and Address ofpharmaceuticaffirm)

has been registered as an importer and exporter of pharmaceutical products and is
entitled to import and export pharmaceutical products subject to the conditions
endorsed hereon.

Dated this .day of ............19

.. .. ...............................
.......for Phairmacy and Poisons Board.

CONDITIONS

.......................................






FORM 15 [reg. 24B(a).]
PHARMACY AND POISONS ORDINANCE
(Chapter 138)
APPLICATION FOR REGISTRATION OF PREMISES
UNDER SECTION 13

We .................of
(Name of business)
...................
(Address of business)
wish to apply for the registration under section 13 of the Pharmacy and Poisons
Ordinance of the premises as set out in paragraph 1 of this application to conduct
the retail sale of poisons at such premises.

1. Address of premises
2. Name of business at the premises
........................................................................
3. Business Registration No .
4.Telephone No. of the premises
5. Name of registered pharmacist in whose presence or under whose supervision
the retail sale of poisons is conducted under section 11 (1) of the Ordinance
...................................
...................................
In support of this application, we submit a copy of the certificate of registration
of the pharmacist named in paragraph 5.

Signature ..............................................

Full name of signatory .........................................

Signed on behalf of ..............................................
(Name of business)

Date ..........................................................






FORM 16 [reg. 24C.]

PHARMACY AND POISONS ORDINANCE
(Chapter 138)

CERTIFICATE FOR REGISTRATION OF PREMISES
UNDER SECTION 13

This is to certify that the premises known as .......................................................

...................................... and situated at

........... 1 ...................we, for the
(Address ofpremises)

period from the date of this certificate until ...........................................
(Date of expiryj ............
registered under section 13 of the Pharmacy and Poisons Ordinance as being premises
where the retail sale of poisons may be conducted, subject to the conditions endorsed
hereon.

Dated this ...................day of 19

or
CONDITIONS

.......................................





1987




FoRm 17

Form of logo which may be displayed under section 2A







NINTH S(HEDULE [regs. 26(5),
29(3),(5),
36(2), (5) &
FEES (7) & 41(4).]

1 . Registration as a student for a course of training specified by the Board $ 10

2. Examination in each subject prescribe( by the Board $ 50
3. Issue of a certificate of registration as ~ pharmacist 5100
4. Issue of a duplicate certificate of regist ation as a pharmacist 5 75
5. Registration of premises of an authori d seller of poisons $ 50
6. Retention of premises on the register ol premises, each year $ 50
7. Application for entry on the list of liste 1 sellers of poisons $ 50
8. Retention on the list of listed sellers of wisons, each year $ 50
9. Any alteration to the register of premi s or to the list of listed sellers $ 15
10. An annual licence for wholesale dealers in poisons $100

11. Annual licence for manufacturers ............. ...................................... $100

12. Application for registration of a prodw L 5 50
13. Certificate of registration of a product . 5200
14. Renewal of a certificate of registration a product $100

15-16. [Deleted, L.N. 1371781

17. Free Sale Certificate ............................................................. $100

18. Certificate and Interim Certificate for M mufacturer $200
19. Annual practising certificate for a regish red pharmacist-
(a) employed by the Government, a hc spital subvented by the Govern-
ment, a University or the Polytechr c $ 10
(b) in all other cases .............................................................. $ 75

20. [Spent]

2L Application for a clinical trial or medicill i 311 test $ 50
22. Certificate for clinical trial or medicinal t st $200

23. Application for registration as an impc rter or exporter of pharmaceu-
tical products .................................................... $100

24. Duplicate of any certificate specified in 13 or 22 above 5 75
L.N. 163/75. L.N. 228/75. 92 of 1975. L.N. 195/77. L.N. 311/77. L.N. 137/78. L.N. 369/80. L.N. 22/82. L.N. 415/84. L.N. 129/86. L.N. 85/87. L.N. 130/87. L.N. 145/78. Citation. Interpretation. L.N. 369/80. Schedules. L.N. 369/80. Application of section 22 restricted to the First Schedule. L.N. 85/87. Third Schedule. Extension of labelling provisions and relaxation with respect to poisons in the Sixth Schedule. Sixth Schedule. Extension of section 22 to sales wholesale etc. and relaxation of the section. First Schedule. Relaxation of section 28(3) in the case of certain medicines. First Schedule. Exemption from the provisions relating solely to the First Schedule. Complete exemption for articles and substances in the Second Schedule. L.N. 85/87. L.N. 85/87. Additional restriction of sale of poisons in the Third Schedule. Restriction of sales by listed sellers of poisons. Prohibition on dispensing of prescriptions by listed sellers of poisons. L.N. 85/87. Restriction of sale of strychnine. Manner of labelling containers. Labelling of name of poison. Labelling of particulars as to proportions of the poison. Fourth Schedule. 'Poison' to be in English and Chinese. L.N. 137/78. Fifth Schedule. First Schedule. Special precautions in the case of certain articles. L.N. 22/82. L.N. 137/78. Name of seller and address of premises. First Schedule. Form of containers. L.N. 22/82. Storage of poisons. First Schedule. Transport of poisons. Special provisions with respect to the transport of poisons in the Seventh Schedule. Supply of medicines to out-patients from certain institutions, etc. First Schedule. L.N. 137/78. Supply of medicines for use in institutions, etc. First Schedule. Storage of poisons in institutions. First Schedule. L.N. 137/78. L.N. 137/78. L.N. 369/80. Applications to be entered on list under section 25. Ninth Schedule. Applications to register premises under section 13. L.N. 85/87. Eighth Schedule, Form 15. Certificate of registration under section 13. L.N. 85/87. Eighth Schedule, Form 16. Sale and supply of poisons wholesale. L.N. 137/78. Pharmacy and Poisons (Wholesale Licences) Committee. Ninth Schedule. Eighth Schedule, Form 1. L.N. 369/80. Sales by wholesale dealers. L.N. 137/78. Records to be kept by wholesale dealer. L.N. 137/78. L.N. 137/78. Eighth Schedule, Form 2. L.N. 137/78. L.N. 137/78. Licensing of manufacturers. L.N. 369/80. Ninth Schedule. Ninth Schedule. Eighth Schedule, Forms 3 & 4. L.N. 137/78. Eighth Schedule, Form 5. L.N. 369/80. Manufacture to be under supervision of a registered pharmacist. L.N. 137/78. Labelling by manufacturers. L.N. 137/78. L.N. 137/78. Manufacturing workers not to infect products. Duties of manufacturers. L.N. 137/78. Manufacturer's premises. Records to be kept by manufacturers. L.N. 228/75. L.N. 137/78. Registration of pharmaceutical products and substances. L.N. 137/78. L.N. 369/80. L.N. 85/87. L.N. 85/87. Eighth Schedule, Form 6. Ninth Schedule. L.N. 137/78. L.N. 137/78. Eighth Schedule, Form 7. L.N. 137/78. Ninth Schedule. L.N. 137/78. Ninth Schedule. L.N. 137/78. L.N. 369/80. Clinical trials and medicinal tests. L.N. 137/78. L.N. 369/80. Ninth Schedule. Eighth Schedule, Form 12. Ninth Schedule. L.N. 369/80. Definition of 'pharmaceutical product' and 'substance' for the purposes of this Part. L.N. 137/78. Duplicate certificates. L.N. 369/80. Ninth Schedule. Factors relevant to determination of application for registration. L.N. 369/80. L.N. 137/78. L.N. 137/78. L.N. 369/80. Application for registration under section 28A. Eighth Schedule, Form 13. Ninth Schedule. Eighth Schedule, Form 14. Disclosure of composition of medicines. L.N. 137/78. Period of keeping of records. Penalties. L.N. 137/78. L.N. 85/87. L.N. 85/87. L.N. 85/87. Certificates, forms and fees. Eighth Schedule, Form 8. Eighth Schedule, Form 9. L.N. 85/87. Eighth Schedule, Form 17. Eighth Schedule, Form 10. Ninth Schedule. Transitional provisions. L.N. 137/78. L.N. 369/80. L.N. 415/84. L.N. 129/86. L.N. 130/87. L.N. 195/77. L.N. 137/78. L.N. 129/86. L.N. 195/77. L.N. 137/78. L.N. 415/84. L.N. 369/80. L.N. 137/78. L.N. 369/80. (Cap. 137.) L.N. 130/87. L.N. 137/78. L.N. 137/78. L.N. 369/80. L.N. 415/84. L.N. 129/86. L.N. 130/87. L.N. 369/80. L.N. 129/86. L.N. 137/78. L.N. 195/77. L.N. 129/86. L.N. 137/78. L.N. 195/77. L.N. 137/78. L.N. 85/87. L.N. 137/78. L.N. 137/78. L.N. 137/78. L.N. 369/80. L.N. 369/80. L.N. 85/87. L.N. 85/87. L.N. 85/87. L.N. 85/87. L.N. 311/77. L.N. 311/77. L.N. 369/80. L.N. 311/77. L.N. 369/80. L.N. 369/80.

Abstract

L.N. 163/75. L.N. 228/75. 92 of 1975. L.N. 195/77. L.N. 311/77. L.N. 137/78. L.N. 369/80. L.N. 22/82. L.N. 415/84. L.N. 129/86. L.N. 85/87. L.N. 130/87. L.N. 145/78. Citation. Interpretation. L.N. 369/80. Schedules. L.N. 369/80. Application of section 22 restricted to the First Schedule. L.N. 85/87. Third Schedule. Extension of labelling provisions and relaxation with respect to poisons in the Sixth Schedule. Sixth Schedule. Extension of section 22 to sales wholesale etc. and relaxation of the section. First Schedule. Relaxation of section 28(3) in the case of certain medicines. First Schedule. Exemption from the provisions relating solely to the First Schedule. Complete exemption for articles and substances in the Second Schedule. L.N. 85/87. L.N. 85/87. Additional restriction of sale of poisons in the Third Schedule. Restriction of sales by listed sellers of poisons. Prohibition on dispensing of prescriptions by listed sellers of poisons. L.N. 85/87. Restriction of sale of strychnine. Manner of labelling containers. Labelling of name of poison. Labelling of particulars as to proportions of the poison. Fourth Schedule. 'Poison' to be in English and Chinese. L.N. 137/78. Fifth Schedule. First Schedule. Special precautions in the case of certain articles. L.N. 22/82. L.N. 137/78. Name of seller and address of premises. First Schedule. Form of containers. L.N. 22/82. Storage of poisons. First Schedule. Transport of poisons. Special provisions with respect to the transport of poisons in the Seventh Schedule. Supply of medicines to out-patients from certain institutions, etc. First Schedule. L.N. 137/78. Supply of medicines for use in institutions, etc. First Schedule. Storage of poisons in institutions. First Schedule. L.N. 137/78. L.N. 137/78. L.N. 369/80. Applications to be entered on list under section 25. Ninth Schedule. Applications to register premises under section 13. L.N. 85/87. Eighth Schedule, Form 15. Certificate of registration under section 13. L.N. 85/87. Eighth Schedule, Form 16. Sale and supply of poisons wholesale. L.N. 137/78. Pharmacy and Poisons (Wholesale Licences) Committee. Ninth Schedule. Eighth Schedule, Form 1. L.N. 369/80. Sales by wholesale dealers. L.N. 137/78. Records to be kept by wholesale dealer. L.N. 137/78. L.N. 137/78. Eighth Schedule, Form 2. L.N. 137/78. L.N. 137/78. Licensing of manufacturers. L.N. 369/80. Ninth Schedule. Ninth Schedule. Eighth Schedule, Forms 3 & 4. L.N. 137/78. Eighth Schedule, Form 5. L.N. 369/80. Manufacture to be under supervision of a registered pharmacist. L.N. 137/78. Labelling by manufacturers. L.N. 137/78. L.N. 137/78. Manufacturing workers not to infect products. Duties of manufacturers. L.N. 137/78. Manufacturer's premises. Records to be kept by manufacturers. L.N. 228/75. L.N. 137/78. Registration of pharmaceutical products and substances. L.N. 137/78. L.N. 369/80. L.N. 85/87. L.N. 85/87. Eighth Schedule, Form 6. Ninth Schedule. L.N. 137/78. L.N. 137/78. Eighth Schedule, Form 7. L.N. 137/78. Ninth Schedule. L.N. 137/78. Ninth Schedule. L.N. 137/78. L.N. 369/80. Clinical trials and medicinal tests. L.N. 137/78. L.N. 369/80. Ninth Schedule. Eighth Schedule, Form 12. Ninth Schedule. L.N. 369/80. Definition of 'pharmaceutical product' and 'substance' for the purposes of this Part. L.N. 137/78. Duplicate certificates. L.N. 369/80. Ninth Schedule. Factors relevant to determination of application for registration. L.N. 369/80. L.N. 137/78. L.N. 137/78. L.N. 369/80. Application for registration under section 28A. Eighth Schedule, Form 13. Ninth Schedule. Eighth Schedule, Form 14. Disclosure of composition of medicines. L.N. 137/78. Period of keeping of records. Penalties. L.N. 137/78. L.N. 85/87. L.N. 85/87. L.N. 85/87. Certificates, forms and fees. Eighth Schedule, Form 8. Eighth Schedule, Form 9. L.N. 85/87. Eighth Schedule, Form 17. Eighth Schedule, Form 10. Ninth Schedule. Transitional provisions. L.N. 137/78. L.N. 369/80. L.N. 415/84. L.N. 129/86. L.N. 130/87. L.N. 195/77. L.N. 137/78. L.N. 129/86. L.N. 195/77. L.N. 137/78. L.N. 415/84. L.N. 369/80. L.N. 137/78. L.N. 369/80. (Cap. 137.) L.N. 130/87. L.N. 137/78. L.N. 137/78. L.N. 369/80. L.N. 415/84. L.N. 129/86. L.N. 130/87. L.N. 369/80. L.N. 129/86. L.N. 137/78. L.N. 195/77. L.N. 129/86. L.N. 137/78. L.N. 195/77. L.N. 137/78. L.N. 85/87. L.N. 137/78. L.N. 137/78. L.N. 137/78. L.N. 369/80. L.N. 369/80. L.N. 85/87. L.N. 85/87. L.N. 85/87. L.N. 85/87. L.N. 311/77. L.N. 311/77. L.N. 369/80. L.N. 311/77. L.N. 369/80. L.N. 369/80.

Identifier

https://oelawhk.lib.hku.hk/items/show/2664

Edition

1964

Volume

v11

Subsequent Cap No.

138

Number of Pages

81
]]>
Tue, 23 Aug 2011 18:09:49 +0800
<![CDATA[PHARMACY AND POISONS ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/2663

Title

PHARMACY AND POISONS ORDINANCE

Description






LAWS OF HONG KONG

PHARMACY AND POISONS ORDINANCE

CHAPTER 138





CHAPTER 138

PHARMACY AND POISONS ORDINANCE

ARRANGEMENT OF SECTIONS

Section.................................... Page
1. Short title ............................3
2. Interpretation .........................3
3. The Pharmacy and Poisons Board .........5
4. Chairman of Board and meetings .........6
4A.................Power of Board to establish executive committees 6
5. The register of pharmacists ............7
6. Evidence of registration ...............8
7. Correction of register .................8
8. Qualifications for registration as pharmacists 8
9. Certificate of registration as a pharmacist 9
10......................Misuse of certificates of registration 10
10A......Registered pharmacist not to practise without practising certificate 10
IOB..........................Recovery of practising fees 11
11..........................Authorized sellers of poisons 11
12.......Premises required to be under the control of a registered pharmacist 12
13.............................Registration of premises 12
13A................................Display of logo 13
14..................................Annual return 13
is......................Appointment of Disciplinary Committee 14
16........................Powers of a Disciplinary Committee 14
16A.................Powers of Disciplinary Committee at inquiries is
17.........Liability of authorized sellers of poisons for acts of employees 16
18.........................Voting of Disciplinary Committee 17
19...........Provisions as to directions given by Disciplinary Committee 17
20...................Restriction on use of certain titles, etc . 18
21.......................Conditions of sale of Part 1 poisons 18
22......................Limitations on sale of Part 1 poisons 18
23.....................Possession of Part 1 poisons prohibited 19
24........................Possession of poisons by retailers 19
25............................Listed sellers of poisons 19
26......................Conditions of sale of Part II poisons 20
27..........................Poisons to be labelled, etc . 20
28........................Exemption with regard to medicines 21





Section.................................... Page
28A........................................Restriction on import and export of pharmaceutical products 22
29. Power to make regulations .............23
30. Pharmacy and Poisons Appeal Tribunal ..25
30A........................................Right of appeal to High Court 28
31. Poisons Committee .....................28
32. Exemption with respect to sales wholesale and sales to certain persons 28
33. Offences ..............................29
34. Penalties .............................29
35. Inspection and enforcement of Ordinance 29
36. Forfeiture ............................31
37. Ordinance not to apply to traditional Chinese medicines 31





CHAPTER 138
PHARMACY AND POISONS

To consolidate and amend the law relating to pharmacy and poisons.

[1 January 19701 L.N. 186 of 1969

Originally 46 of 1969 - L.N. 177 of 1970, 31 of 1972, L.N. 156 of 1972, L.N. 166 of 1973, 45
of 1975, L.N. 160 of 1975,38 of 1977,50 of 1977,50 of 1980,45 of 1984,58 of 1986, R.
Ed. 1987, 6 of 1989, L.N. 76 of 1989

1. Short tide

This Ordinance may be cited as the Pharmacy and Poisons Ordinance.

2. Interpretation

(1) In this Ordinance, unless the context otherwise requires-

,,authorized seller of poisons' means a business authorized to sell poisons under
section 11; (Replaced 58 of 1986 s. 2)

'Board' means the Pharmacy and Poisons Board established under section 3;

'dispense' means supplying a medicine or poison on and in accordance with a
prescription given by a registered medical practitioner, a registered dentist or a
duly qualified veterinary surgeon; and also means the compounding or mixing
of substances, including poisons, and the supplying of the same and
'dispensing' shall be construed accordingly; (Added58of1986s.2)

'duly qualified veterinary surgeon' means a member of the Royal College of
Veterinary Surgeons of Great Britain, or a person holding a diploma or
certificate from a veterinary training institution or examining body prescribed by
regulations made under section 29(n);

'institution' means

(a)any hospital or maternity home within the meaning of the Hospitals,
Nursing Homes and Maternity Homes Registration Ordinance (Cap.
165);

(b)any clinic within the meaning of the Medical Clinics Ordinance (Cap.
343); and

(e)any such hospital, maternity home or clinic maintained by the Crown;

'labelled' means any statement forming part of or affixed to a container in which
pharmaceutical products are sold, which statement may, subject to any
regulations made under this Ordinance, be printed in English or Chinese;





listed seller of poisons' means a person whose name is entered on the list kept
under section 25 of persons entitled to conduct the retail sale of poisons
included in Part 11 of the Poisons List;

'manufacture' means the preparation of pharmaceutical products for sale or
distribution but shall not include the individual dispensing on a prescription or
otherwise of any pharmaceutical product, and 'manufacturer' has a
corresponding meaning;

'pharmaceutical product and 'medicine' mean any substance or mixture of
substances manufactured, sold, supplied or offered for sale or supply for use in

(a)the diagnosis, treatment, mitigation, alleviation or prevention of
disease or any symptom thereof;

(b)the diagnosis, treatment, mitigation, alleviation of any abnormal
physical or physiological state or any symptom thereof;

(c) altering, modifying, correcting or restoring any organic function,
inhuman beings or in animals; (Replaced 50 of 1977s. 2)

'poison' means a substance which is specified in the Poisons List;

'Poisons List means the Poisons List prescribed by regulations;

'practising certificate' means a certificate issued under section 10A; (Added 50 of
1977 s. 2)

'registered' means

(a)in relation to a pharmacist, a person whose name has been entered on
the register of pharmacists under section 5;

(b)in relation to premises, such premises as are entered on the register of
premises under section 13;

(c)in relation to a medical practitioner, a person duly registered or
deemed to be registered under the Medical Registration Ordinance
(Cap. 161);

(d)in relation to a dentist, a person duly registered or deemed to be
registered under the Dentists Registration Ordinance (Cap. 156);

',sale by way of wholesale dealing' means the sale of goods to a person who is
authorized by this Ordinance to resell such goods;

'Secretary' means the secretary to the Board;

'sell' includes

(a) offer or expose for sale;

(b) supply without payment; and

(c) offer or expose for supply without payment, and 'sold' and 'seller'
shall be construed accordingly; (Replaced 58 of 1986s.2)

'Tribunal' has the meaning assigned to it by section 30. (Added50 of 1980 s.2)

(Amended 38 of 1977s. 24)





(2) It shall be a sufficient compliance with any requirement in this Ordinance
that premises be under the personal control of a registered pharmacist if for not less
than two-thirds of the hours of each day the premises are open for business a
registered pharmacist is present at the premises and exercises control and
supervision over the persons employed therein.

(3) Where in this Ordinance any document is required to be signed by any
person, that person shall write his name or make his mark on the document but the
affixing of a chop shall not be an adequate signature.

3. The Pharmacy and Poisons Board

(1) There shall be for the purposes of this Ordinance a Board to be called the
Pharmacy and Poisons Board.

(2) The Board shall consist of

(a) the Director of Health; (AmendedL.N. 76of1989)

(b) (Repealed 58 of 1986 s. 3)

(e) the Government Chemist;

(d)the Chief Pharmacist of the Department of Health; (Amended L.N. 76
of 1989)

(e)1 medical officer in the Department of Health appointed by the
Governor;

1 legally qualified person appointed by the Governor to act as the
legal adviser to the Board;

(fa) 1 person qualified in pharmacology who is on the full time teaching
staff of the University of Hong Kong nominated by the University of
Hong Kong and appointed by the Governor; (Added 58 of 1986 s. 3)

(fb) 1 person qualified in pharmacology who is on the full time teaching
staff of The Chinese University of Hong Kong nominated by The
Chinese University of Hong Kong and appointed by the Governor;
(Added58of 1986s. 3)

(g)3 registered pharmacists (not being public officers) nominated by the
Pharmaceutical Society of Hong Kong and appointed by the
Governor;

(h)1 registered medical practitioner (not being a public officer) nominated
by the Hong Kong Medical Association and appointed by the
Governor; and

(i)1 registered medical practitioner (not being a public officer) nominated
by the Hong Kong Branch of the British Medical Association and
appointed by the Governor.

(3) The members of the Board appointed by the Governor shall hold office for a
period of 3 years from the date of their appointment or for such lesser period as the
Governor may appoint.





(4) There shall be a Secretary to the Board who shall be appointed by the
Governor. (Added31 of 1972s. 2)

4. Chairman of Board and meetings

(1) The Director of Health shall be the Chairman of the Board and as Chairman
shall have both a deliberative and a casting vote. (Amended L.N. 76 of 1989)

(2) If the Chaiman of the Board is absent from any meeting of the Board, the
members present at such meeting shall elect from among their number a member to
act as chairman and the person so elected shall have all the powers of the Chairman
for the purposes of that meeting.

(3) The Board shall meet at such times and at such places as the Chairman shall
from time to time direct.

(4) 5 members of the Board shall constitute a quorum at meetings.

(5) A vacancy among the members of the Board or any defect in their
appointment shall not affect the validity of any proceedings of the Board.

(6) At meetings of the Board all questions shall be decided by the votes of a
majority of the members of the Board present.

(7) The Board may make standing orders for regulating the procedure and the
conduct of its meetings.

4A. Power of Board to establish executive committees

(1) The Board may establish such number of executive committees as it may
deem fit for the purpose of performing such functions relating to

(a)the registration, licensing or certification under this Ordinance of
persons, poisons or pharmaceutical products; or

(b)the entering of the names of persons on the list kept under section 25
of persons entitled to conduct the retail sale of poisons included in
Part II of the Poisons List,

as may be prescribed in respect of any such committee by regulations made under
section 29.

(2) A committee established under this section shall consist of

(a)such member of the Board as the Board may appoint to be chairman
of the committee; and

(b)such other persons, whether members of the Board or not, as the
Board may appoint to be members thereof,

and any person so appointed shall hold office on such terms and for such period as
the Board may determine.

(3) A member of a committee established under this section may resign his
office at any time by notice in writing addressed to the Chairman of the Board.





(4) The procedure of every committee established under this section shall be
such as the Board may determine.

(5) The establishment of a committee under this section shall be notified by the
Board in the Gazette, and such notice shall specify the purpose for which the
committee has been established.

(6) The Board may at any time vary, modify or extend the purpose for which
any committee has been established under this section and shall notify any such
variation, modification or extension in the Gazette; and references in this Ordinance
to the purpose for which any such committee has been so established shall be
construed as references to such purpose as so varied, modified or extended.

(7) A committee established under this section may be dissolved by the Board
at any time and, without prejudice to anything already done by the committee, such
dissolution shall be notified by the Board by notice in the Gazette and shall take
effect on the date of publication of the notice.

(8) Where any regulations made under section 29 provide for the performance
by a committee established under this section of any functions referred to in
subsection (1) and such committee has not been so established at the
commencement of the regulations or is dissolved under this section, the regulations
shall have effect, until such committee has been so established or, as the case may
be, such functions are vested under this Ordinance in another committee established
under this section, as if for references to such committee there were substituted
references to the Board.

(9) A committee existing at the commencement* of the Pharmacy and Poisons
(Amendment) Ordinance 1980 (50 of 1980) which was established prior to the
commencement of that Ordinance by regulations made under section 29 for the
purpose of performing any functions referred to in subsection (1) shall be deemed to
be a committee established by the Board under this section, and this section shall
apply accordingly in relation to such committee.

(Added50 of 1980s. 3)

5. The register of pharmacists

(1) The Board shall cause the Secretary to enter in a register (in this Ordinance
referred to as the register of pharmacists), the names and addresses of all persons
qualified to be registered as pharmacists under this Ordinance.

(2) The register of pharmacists shall be kept at the headquarters of the
Department of Health in the office of the Secretary and shall be open for inspection
by any person during the usual hours of business without payment of fee.
(AmendedL.N. 76of1989)

(3) The Board shall cause a copy of the register of pharmacists to be published
in the Gazette once every 12 months.

* 1.1.1981





(4) The register kept in accordance with the provisions of the repealed
Pharmacy and Poisons Ordinance (Cap. 138 1964 Ed.) shall be deemed to be,
for the purposes of this Ordinance, the register under this section and every
person whose name appears therein shall be deemed to be a pharmacist
registered in accordance with this Ordinance.
[cf. 1954 c. 61 s. 2 U.K.]

6. Evidence of registration
A certificate purporting to be under the seal of the Board and signed by the
Chairman or the Secretary, or a copy of the Gazette containing a copy of the
register of pharmacists printed within the preceding 12 months, shall, until the
contrary is proved, be evidence in any court that the persons whose names are
set out in such certificate or copy of the Gazette were registered as pharmacists
at the date shown on such certificate or Gazette.
[cf. 1954 c. 61 s. 6 U.K.]

7. Correction of register
(1) The Secretary may amend the register of pharmacists as to the address
or any other particulars relating to a pharmacist whose name appears therein, if
satisfied that such amendment is necessary for the purposes of preserving the
accuracy of the register.
(2) The Secretary shall make such entries in the register of pharmacists as
the Board in the exercise of its powers under this Ordinance may direct.
(3) The Board may direct the deletion of any entry in the register of
pharmacists relating to a pharmacist who-
(a) requests in writing that his name be so deleted;
(b) has died;
(c)has been absent from the Colony for a period of not less than 2
years without giving to the Secretary or the Board notice of his
intention to return;
(d) the Board is satisfied obtained registration by fraudulent means;
(e)being a person required to be the holder of a practising
certificate, has practised as a pharmacist in Hong Kong for a
period exceeding 6 months without having obtained such a
certificate; (Added50 of 1977s. 3)
(f)is no longer practising as a pharmacist in Hong Kong. (Added
50 of 1977 s. 3)
[cf. 1954 c. 61 s. 13 U.K.]

8. Qualifications for registration as pharmacists
(1) Subject to the provisions of this Ordinance, there may be registered as
a pharmacist any person who-





(a) holds a diploma in pharmacy of the University of Hong Kong;

(b)is duly registered as a pharmaceutical chemist or chemist and druggist
with the Pharmaceutical Society of Great Britain;

(c)holds a certificate of a Commonwealth pharmaceutical institution
which has entered into an agreement for reciprocity of registration
with the Pharmaceutical Society of Great Britain;

(d)has successfully completed a course of training and study and who
has passed any examinations thereon that may have been prescribed
by the Board; and

(e)holds any diploma or certificate, other than a certificate to which
paragraph (c) refers, and who has satisfied the Board by examination
or otherwise that he has the skill and experience in pharmacy
equivalent to that possessed by a person to whom paragraphs (a) to
(d) relate.

(2) Notwithstanding anything contained in subsection (1), the Board may
require any applicant for registration to pass such examinations as it may determine
or to undergo such period of training as the Board may specify. (Replaced 50 of
1977s. 4)

(3) For the purposes of conducting examinations on behalf of the Board, there
shall be a committee of examiners consisting of the following persons

(a)1 person qualified in pharmacology who is on the full time teaching
staff of the University of Hong Kong or The Chinese University of
Hong Kong and appointed by the Board; (Replaced 58 of 1986 s. 4)

(b) the Government Chemist;

(c)the Chief Pharmacist of the Department of Health; (Amended L.N. 76
of 1989)

(d)1 medical officer in the Department of Health appointed by the Board;
and (L.N. 76of1989)

(e)1 registered pharmacist (not being a public officer) appointed by the
Board.

[cf. 1954 c. 61 ss. 3 & 4 U.K.]

9. Certificate of registration as a pharmacist

(1) Upon the registration of a person as a pharmacist the Secretary shall issue
to him a certificate of registration as a pharmacist in the prescribed form. (Amended
31 of 1972 s. 3)

(2) If a certificate issued under subsection (1) is lost or destroyed, or if for any
other reason a registered pharmacist requires a duplicate certificate to be issued, the
Secretary shall, on being satisfied that the original certificate of registration has been
lost or destroyed or that a duplicate certificate is required for good reason, and upon
payment of a prescribed fee (if any), issue to the pharmacist a certified duplicate of
the certificate of registration.





(3) If the name of any pharmacist is removed from the register of pharmacists in
accordance with a direction of a Disciplinary Committee under section 16, that
pharmacist shall forthwith return to the Secretary the certificate of registration and
any certified duplicate thereof (if any), or if the said certificate or duplicate has been
lost or destroyed the pharmacist shall deliver to the Secretary a signed statement to
that effect.

[cf. 1954 c. 61 s. 5 U.K.]

10. Misuse of certificates of registration

(1) Any person who, with intent to deceive

(a)forges, or uses, or lends to or allows to be used by any other person a
certificate of registration as a pharmacist or any other certificate issued
under any enactment, whether of this Colony or elsewhere, relating to
pharmacy; or

(b)makes or has in his possession a document so closely resembling any
such certificate as aforesaid as to be calculated to deceive,

shall be guilty of an offence and shall be liable on conviction to a fine of $2,000.

(2) In this section, the expression 'forges' has the same meaning as in Part IX
(Forgery) of the Crimes Ordinance (Cap. 200).

[cf. 1954 c. 61 s. 20 U.K.]

without practising certificate .

(1) Subject to this section, a registered pharmacist shall not practise as a
pharmacist in Hong Kong, unless he is the holder of a practising certificate which is
then in force.

(2) Subject to the payment of the prescribed fee for the issue of a practising
certificate, the Secretary, on. application made to him for that purpose by a registered
pharmacist, shall issue to him a certificate to the effect that he is, subject to any
conditions and restrictions specified in the certificate, entitled to practise as a
pharmacist in Hong Kong.

(3) Where a practising certificate is issued pursuant to an application made
during the course of a year in respect of that year, the certificate shall, subject to
subsection (5), be in force from the time of its issue until the end of that year.

(4) Where a practising certificate is issued pursuant to an application made
during the course of a year in respect of the following year, the certificate shall,
subject to subsection (5), be in force for a period of 12 months commencing on 1
January in that following year.

(5) If at any time during the currency of a practising certificate issued under this
section, the holder of the certificate ceases to be registered under this Ordinance,
the certificate shall thereupon be deemed to be cancelled.





(6) Any person who is required under this section to be the holder of a
practising certificate under this section shall be deemed to have obtained the
certificate when he has duly applied to the Secretary and paid the prescribed fee for
the issue of the practising certificate.

(7) A person who is required under this section to be the holder of a practising
certificate shall not be entitled to recover any fees, costs or other remuneration on
any cause of action unless he was, at the time when the cause of action arose, the
holder of a valid practising certificate.

(8) This section applies to any person whose name has been entered on the
register of pharmacists.

(Added50 of 1977 s. 5)

10B. Recovery of practising fees

(1) If any registered pharmacist contravenes subsection (1) of section 10A, the
amount of the prescribed fee payable by him under subsection (2) of that section
shall be recoverable as a civil debt.

(2) In any proceedings under this section a certificate purporting to be under
the hand of the Secretary to the effect that the registered pharmacist concerned had
not paid the prescribed fee for the issue of a practising certificate shall, until the
contrary is proved, be evidence of non-payment of the fee.

(3) On recovery from a registered pharmacist of a prescribed fee under this
section the Secretary shall, if the registered pharmacist's name appears on the
register of pharmacists, issue the registered pharmacist with the appropriate
practising certificate.

(Added50 of 1977s. 5)

11. Authorized sellers of poisons

(1) A business comprising the retail sale of poisons carried on by a registered
pharmacist or by a body corporate or an unincorporated body of persons shall be an
authorized seller of poisons if the actual sale of poisons is conducted on premises
duly registered under this Ordinance by a registered pharmacist or in his presence
and under his supervision.

(2) The name, the certificate of registration and a notice setting out the hours of
attendance of each registered pharmacist engaged in, or employed by an authorized
seller of poisons in, the business shall be displayed in a conspicuous place in the
premises where he is so engaged or employed.

(3) No registered pharmacist employed by an authorized seller of poisons shall
at the same time engage in the retail sale of poisons on his own account and in
employment with any other authorized seller of poisons without first obtaining the
written authority of the Board.

(4) The Board may grant a registered pharmacist written authority under
subsection (3) on such conditions as it thinks fit.

[cf. 1933 c. 25 ss. 8 & 9 U.K.]





12. Premises required to he under the control
of a registered pharmacist

Each set of premises of an authorized seller of poisons where poisons are
kept for the purposes of retail sale shall be under the personal control of a
registered pharmacist.
[cf. 1933 c. 25 ss. 8 & 9 U.K.]

13. Registration of premises

(1) No premises of an authorized seller of poisons, where poisons are kept
for the purposes of retail sale, shall be kept or used for such purposes unless the
premises are registered under subsection (3).
(2) An application to register premises under subsection (3) shall be made
to the Board in the prescribed form and prescribed manner.
(3) Subject to subsection (4), the Board may register premises in respect
of which an application is made under subsection (2), and may impose such
conditions relating to the registration of the premises as it thinks fit.
(4) The Board shall not register premises under subsection (3) unless it is
satisfied, in relation to the retail sale of poisons at such premises, that-
(a)the authorized seller of poisons is a fit and proper person to
conduct the retail sale of poisons;
(b)the premises are suitable for conducting the retail sale of poisons
thereon;
(c)the actual sale of poisons will be conducted on the premises by a
registered pharmacist or in his presence or under his supervision,
in accordance with section 11 (1); and
(d)the premises will be under the control of a registered pharmacist
in accordance with section 12.
(5) On the registration of premises under subsection (3) the Secretary
shall-
(a)issue to the authorized seller of poisons a certificate of
registration in the prescribed form; and
(b)enter the address of the premises and the name of the authorized
seller of poisons, in a register to be kept for the purposes of
this section (in this Ordinance referred to as the 'register of
premises').
(6) The registration of premises under subsection (3) shall-
(a) not take effect except on payment of the prescribed fee; and
(b)authorize the authorized seller of poisons to conduct the retail
sale of poisons thereon for such period being not more than 1
year, expiring on such date as shall be specified in the certificate
of registration.





(7) An authorized seller of poisons may, before the expiration of a
certificate of registration issued to him under subsection (5), apply to the Board
for the certificate to be renewed for a further period of not more than 1 year
from the date of expiry and-
(a)this section shall apply with necessary modifications, to an
application for renewal made under this subsection as it applies
to an application made under subsection (2);
(b)the Board may in respect of the renewed certificate of registration
impose any condition in addition to or instead of any condition
previously imposed by it under subsection (3).
(8) An applicant who is aggrieved by a decision of the Board under
subsection (3) or (7) may, in the prescribed manner, appeal against such
decision to the Tribunal.
(Replaced 58 of 1986 s. 5)

13A. Display of logo
(1) An authorized seller of poisons who conducts the retail sale of poisons
on premises registered under section 13, may cause to be displayed at such
premises, a logo in the prescribed form.
(2) Any person who is the proprietor of a business carried on at premises
where-
(a) a logo in the form prescribed under subsection (1); or
(b)any logo, emblem or other thing which so resembles a logo in the
form prescribed under subsection (1) as to be mistaken for such
logo,
is displayed shall, if such premises are not registered under section 13, be guilty
of an offence.
(Added 58 of 1986 s. 6)

14. Annual return
(1) An authorized seller of poisons shall in the month of January in each
year send to the Secretary a list showing the addresses of all sets of premises
where he conducts the retail sale of poisons and showing the name of the
registered pharmacist having personal control of each such set of premises.
(2) Where any change occurs in the address of the business of an
authorized seller of poisons or where any registered pharmacist whose name
is displayed in any premises registered under this Ordinance ceases to be
employed or engaged in such premises, the authorized seller of poisons shall,
within 28 days, give the Secretary notice in writing setting out particulars of
such change.
(3) An authorized seller of poisons who fails to comply with the
provisions of this section shall be guilty of an offence.
[cf. 1933 c. 25 s. 13 U.K.]





15. Appointment of Disciplinary Committee

(1) When a complaint is received by the Board regarding the conduct of a
registered pharmacist, an employee of a registered pharmacist, a body which is an
authorized seller of poisons or an officer or employee of or partner in such body, or
when any such person or body is convicted of an offence under this Ordinance or
when it otherwise appears necessary or desirable to the Board that the conduct of
any such person or body should be inquired into, the Board shall, for the purpose of
such inquiry, appoint a Disciplinary Committee consisting of

(a) the medical officer in the Department of Health appointed by the

Governor under section 3(2)(e) who shall be the chairman of the
Disciplinary Committee; and (AmendedL.N. 76of1989)

(b) 2 registered pharmacists (not being public officers) nominated by

the Pharmaceutical Society of Hong Kong.

(2) The Governor shall appoint a legally qualified person to act as the legal
adviser to a Disciplinary Committee.

16. Powers of a Disciplinary Committee

(1) A Disciplinary Committee appointed under section 15 shall hold an inquiry
into the conduct of any person or body in respect of whom or which it is appointed
and shall cause notice thereof to be served on the person or body concerned at least
28 days before the date of such inquiry.

(IA) A Disciplinary Committee shall conduct an inquiry in accordance with the
prescribed procedure. (Added31 of 1972s. 4)

(2) A Disciplinary Committee may, if it thinks fit, at the conclusion of an inquiry
under this section

(a) where the inquiry is in respect of a registered pharmacist or an

employee of a registered pharmacist, direct the Secretary either---

(i) to censure the registered pharmacist; or

(ii) subject to subsection (5), to remove his name from the register of
pharmacists and not to re-enter it thereon for such period as the
Disciplinary Committee directs;

(b) where the inquiry is in respect of a body which is an authorized

seller of poisons or in respect of an officer or employee of or
partner in such body, direct that-

(i) that body be disqualified, for such period as may be specified in
the direction, from being an authorized seller of poisons; or

(ii)subject to subsection (5), any or all of the premises of that body
shall be removed from the register of premises and be
disqualified, for such period as may be specified in the direction,
from being registered therein.





(3) (a)A person or body in respect of whom or which a direction has been
made under subsection (2) may, within 28 days after receipt of notice
under section 19(1), appeal to the High Court.

(b)On any such appeal, the High Court may affirm, reverse or vary the
direction of the Disciplinary Committee and the decision of the High
Court on such appeal shall be final.

(4) The Disciplinary Committee may, subject to subsection (5), cause its
decision in any inquiry held under this section to be published in the Gazette, with
or without an account of the proceedings.

(5) No direction under subsection (2)(a)(ii) or (b)(ii) shall be given effect to and
no publication under subsection (4) shall be made

(a)until after the expiry of the time limited for an appeal under subsection
(3)(a); or

(b)where there is an appeal to the High Court, until such appeal has been
determined or withdrawn.

(6) The Disciplinary Committee may, of its own motion or on the application of
the person or body concerned,

(a)without fee or on payment of such fee not exceeding the amount of
the fee payable on registration as a pharmacist as the Disciplinary
Committee determines, direct the Secretary to restore to the register of
pharmacists the name of any person which has been removed
therefrom;

(b)direct that a disqualification from being an authorized seller of poisons
shall cease;

(c)without fee or on payment of such fee not exceeding the amount of
the fee payable on registration of premises as the Disciplinary
Committee determines, direct that any premises removed from the
register of premises be restored thereto.

[cf. 1954 c. 61 ss. 8, 10 & 11 U.K.]

16A. Powers of Disciplinary Committee at inquiries

(1) For the purpose of an inquiry under section 16 the Disciplinary Committee
may, subject to subsection (4)

(a) hear and examine witnesses on oath;

(b)summon any person to attend the inquiry to give evidence or
produce any document or other thing in his possession and examine
him as a witness or require him to produce any document or other
thing in his possession.

(2) A summons under subsection (1) shall be in the prescribed form and shall
be signed by the chairman.

(3) Subject to subsection (4), any person who





(a)being summoned under subsection (1) to attend any inquiry to
give evidence or to produce any document or other thing in his
possession, refuses or neglects to do so; or
(b)being examined under subsection (1) as a witness by or before
the Disciplinary Committee, refuses or neglects to answer any
question put to him by or with the concurrence of the Dis-
ciplinary Committee, or to produce any document or other thing
in his possession when required to do so,
shall be guilty of an offence and shall be liable on conviction to a fine of $500
and to imprisonment for 3 months.
(4) Any person who appears as a witness before the Disciplinary
Committee shall be entitled to the same privileges in respect of the giving of
evidence and the production of any document and other thing as he would be
entitled to if appearing as a witness in civil proceedings before the High Court.
(5) Any person who-
(a)behaves in an insulting manner or uses any threatening or
insulting expression to or in the presence of the Disciplinary
Committee; or
(b) wilfully disrupts the proceedings of the Disciplinary Committee,
shall be guilty of an offence and shall be liable on conviction to a fine of $500
and to imprisonment for 3 months.
(Added31 of 1972 s. 5)

17. Liability of authorized sellers of
poisons for acts of employees

(1) In any case under section 16, where the person convicted of an offence
or guilty of misconduct is an employee of the authorized seller of poisons, the
Disciplinary Committee shall not give any direction unless proof is given to its
satisfaction of some one or more of the facts specified in subsection (2), and it is
of the opinion that having regard to the facts so proved the authorized seller of
poisons ought to be regarded as responsible for the offence or misconduct.
(2) The facts as to some one or more of which the Disciplinary
Committee must be satisfied before giving any such direction as is mentioned in
subsection (1) are-
(a)that the offence or misconduct in question was instigated or
connived at by the authorized seller of poisons or in the case of a
body corporate, by an officer of that body corporate or in the
case of an unincorporated body of persons, by any member of
such body;
(b)that the authorized seller of poisons or any person employed by
him, or, in the case of a body corporate or an unincorporated
body of persons, any officer or member of such body, as the case





may be, had been guilty, at some time within 12 months before the
date upon which the offence or misconduct in question took place, of
a similar offence or misconduct and that the authorized seller of
poisons had, or ought reasonably to have had, knowledge of that
previous offence or misconduct;

(c)if the offence or misconduct in question was a continuing offence or
continuing misconduct, that the authorized seller of poisons had, or
reasonably ought to have had, knowledge of the continuance thereof;

(d)in the case of an offence under this Ordinance, that the authorized
seller of poisons had not used due diligence to enforce the execution
of this Ordinance.

(3) In this section references to the responsibility, knowledge or diligence of an
authorized seller of poisons shall, in the case of a body corporate or an
unincorporated body of persons, be construed as references to the responsibility,
knowledge or diligence of that body as a whole.

[cf. 1954 c. 61 s. 9 U.K.]

18. Voting of Disciplinary Committee

In any inquiry conducted by the Disciplinary Committee the decision of the
Committee shall be taken on the vote of a majority of the members.

19. Provisions as to directions given

by Disciplinary Committee

(1) The Secretary shall cause notice of any direction given by the Disciplinary
Committee to he given to the registered pharmacist or authorized seller of poisons, as
the case may be, to whom the direction relates, and, where the Disciplinary
Committee refuses an application for a direction the Secretary shall cause notice of
the refusal to be given to the applicant. A notice required by this subsection to be
given to any person shall be sent to him by registered letter to his address shown in
the register of pharmacists or the register of premises, as the case may be, and if
more than one address is shown in such register to any of his addresses shown
therein.

(2) A direction given by the Disciplinary Committee, other than a direction
given on the application of the person to whom it relates, shall take effect at the
expiration of such period, not exceeding 3 months, as the Committee may, having
regard to all the circumstances of the case, think fit to direct.

(3) Where a direction given by the Disciplinary Committee has taken effect the
Secretary shall make such alterations in the register of premises as are necessary to
give effect to the direction.

[cf. 1933 c. 25 s. 14 U.K.]





20. Restriction on use of certain titles, etc.

(1) Any person, other than a registered pharmacist or an authorized seller of
poisons, who takes or uses in connection with any business engaged in the retail
sale of poisons, or in the dispensing, compounding, or manufacturing of drugs,
poisons or pharmaceutical products, any title, emblem or description which might
reasonably be taken to suggest that he or any person employed by him is a
registered pharmacist or that he is an authorized seller of poisons or that he or any
person employed by him possesses any academic qualification other than the
academic qualifications that he or his employee in fact possesses shall be guilty of
an offence.

(2) For the purposes of this section the terms 'chemist', 'druggist',
'pharmacist', 'pharmaceutical chemist 'pharmaceutist', 'member of the
Pharmaceutical Society', or the Chinese terms (Fa hok sz), (Yeuk sz),
(Yeuk tsai sz), (Yeuk tsai fa hok sz), (Yeuk tsai hok ka), (Yeuk hok
wui wui yuen), or any combination of such terms in any language shall be deemed to
be calculated to suggest that the person having control of the business is a
registered pharmacist or that a registered pharmacist is employed in that business.

(3) For the purposes of this section the terms 'pharmacy', 'dispensary', 'drug-
store' or the Chinese term (Yeuk fong) used in connection with premises
shall be deemed to be calculated to suggest that such premises are premises
registered under this Ordinance as premises of an authorized seller of poisons and
are under the control of a registered pharmacist.

[cf. 1954 c. 61 s. 19 U.K.]

21. Conditions of sale of Part 1 poisons

Subject to sections 28 and 32, no poison included in Part 1 of the Poisons List
shall be sold except on premises duly registered under this Ordinance as premises of
an authorized seller of poisons by a registered pharmacist or in his presence and
under his supervision.

[cf. 1933 c. 25 s. 18(1) (a) U.K.]

22. Limitations on sale of Part 1 poisons

(1) Subject to this Ordinance, no authorized seller of poisons shall sell any
poison included in Part 1 of the Poisons List to any person unless that person is a fit
and proper person to whom the poison may be sold and is either

(a)so certified in writing in the manner prescribed by regulations by a
person authorized by regulations to give a certificate for the purposes
of this section; or

(b)known by the seller or by some registered pharmacist in the
employment of the seller at the premises where the sale is affected.





(2) Every authorized seller of poisons shall keep in each set of registered
premises at which poisons included in Part 1 of the Poisons List are sold a poisons
book.

(3) The seller of any poison included in Part 1 of the Poisons List shall not
deliver it until

(a)he has made or caused to be made an entry in the poisons book
stating the date of the sale, the name and address of the purchaser and
of the person by whom any certificate under subsection (1)(a) was
given, the name and quantity of the article sold, and the purpose for
which it was stated by the purchaser to be required; and

(b)the purchaser has affixed his signature to the entry in the poisons
book and the registered pharmacist by or in the presence of whom the
sale was made has immediately thereafter countersigned such entry.

(4) Any authorized seller of poisons who fails to comply with this section shall
be guilty of an offence and shall be liable on conviction to a fine of $1,000.

[cf. 1933 c. 25 s. 18(2) U.K.]

23. Possession of Part 1 poisons probibited

(1) No person shall have in his possession any poison included in Part 1 of the
Poisons List otherwise than in accordance with the provisions of this Ordinance, the
proof whereof shall lie upon him.

(2) Nothing in this Ordinance shall prohibit the possession by any person of
any poison included in Part 1 of the Poisons List where such poison is obtained in
the circumstances set out in section 28(1)(a), (b), (c) or (d). (Added 45 of 1984 s. 3)

24. Possession of poisons by retailers

Every person other than an authorized seller of poisons or a listed seller of
poisons carrying on a retail business in premises at which poisons are found shall
until the contrary is proved be presumed to have such poisons in his possession for
the purposes of sale.

25. Listed sellers of poisons

(1) The Board shall cause to be kept for the purposes of this Ordinance a list of
persons who, not being authorized sellers of poisons within the meaning of this
Ordinance are, subject to the provisions of this Ordinance, to be entitled to conduct
the retail sale of a class or classes of poisons included in Part 11 of the Poisons List,
and shall cause to be entered on that list of persons the name





of any person who being the occupier of any premises makes an application to
be entitled to conduct the retail sale of that class or those classes of poisons
on those premises and whose application is granted in accordance with this
Ordinance. (Amended50 of 1980 s. 4)
(2) For the purposes of subsection (1) the Board shall cause to be issued
to each listed seller of poisons a licence which shall set out the class or classes of
poisons which that listed seller is entitled to sell.
(3) The Board may direct the Secretary not to enter in, or to remove
from, the list the name of any person who fails to pay the fees prescribed or
who in the opinion of the Board is, for any sufficient reason relating to him
personally or to his premises, not fit to be on the list. In the case of a direction
to remove the name of any person from the list, the Board shall serve a notice
on that person stating its grounds for such removal and advising him of his
right to appeal under subsection (5).
(4) (Repealed 58 of 1986 s. 7)
(5) Any person aggrieved by a direction of the Board under subsection (3)
may, in the prescribed manner, appeal against such decision to the Tribunal.
(Replaced 50 of 1980 s. 4)
(6) Any listed seller of poisons shall be guilty of an offence if he uses in
connection with his business any title, emblem or description reasonably
calculated to suggest that he is entitled to sell any poison other than a poison
which he is under this Ordinance entitled to sell.
[cf. 1933 c. 25 s. 21 U.K.]

26. Conditions of sale of Part H poisons
Subject to sections 28 and 32, no poison included in Part 11 of the Poisons
List shall be sold except by authorized sellers of poisons on premises duly
registered under this Ordinance or by listed sellers of poisons.
[cf. 1933 c. 25 s. 18(1) (b) U.K.]

27. Poisons to he labelled, etc.
No person who is authorized to sell poisons included in either Part 1 or
Part 11 of the Poisons List shall sell any such poison unless the container of the
poison is labelled in accordance with regulations and displays-
(a) the name of the poison;
(b)in the case of a preparation of which one or more of the
ingredients is a poison, particulars as to the proportion each
poison bears to the total of the ingredients in the preparation;
(c)the word 'poison' or such other statement as may be prescribed
in respect of that substance or class of substance;
(d)the name of the seller of the poison and the address of the
premises in which it was sold.
[cf. 1933 c. 25 s. 18(1) (c) U.K.]





28. Exemption with regard to medicines

(1) Except as provided by regulations, nothing in sections 21, 22, 26 and 27
shall apply to- (Amended50 of 1980 s. 5)

(a)a medicine which is supplied by a registered medical practitioner for
the purposes of medical treatment, by a registered dentist for the
purposes of dental treatment or by a duly qualified veterinary
surgeon for the purposes of animal treatment; or

(b)a medicine which, for the purpose of medical treatment, is supplied by
a person who, although not a registered medical practitioner,
practises medicine in a clinic in such circumstances that, by virtue of
section 8(8) of the Medical Clinics Ordinance (Cap. 343), he is not by
reason solely of such practice guilty of an offence under section 28 of
the Medical Registration Ordinance (Cap. 161), if, but only if, the
medicine is supplied by him in the course of his practice in that clinic;
or

(c)a medicine which is dispensed by an authorized seller of poisons on
premises duly registered under this Ordinance; or

(d)a poison forming part of the ingredients of a medicine which is
supplied by an authorized seller of poisons on premises duly
registered under this Ordinance,

if the provisions of this section are satisfied in relation thereto.

(2) The medicine shall be distinctly labelled with the name and address of the
person by whom it is supplied or dispensed.

(3) In the case of medicine referred to in subsection (1)(b), (c) or (d), on the day
on which the medicine is supplied or dispensed, or, if that is not reasonably
practicable, on the day next following that day, there shall be entered in a book
which is used regularly for the purpose, the following particulars- (Amended 58 of
1986 s. 8)

(a) the date on which the medicine was supplied or dispensed;

(b)the ingredients of the medicine and the quantity of the medicine
supplied;

(c)if the medicine was dispensed by an authorized seller of poisons, the
name or initials of the person by whom, and the name, and if it is
known, the address of the person to whom, and the date on which,
the prescription was given.

(3A) In the case of medicine referred to in subsection (1)(a), on the day on
which the medicine is supplied, or, if that is not reasonably practicable, on the day
next following that day, there shall be entered in the record of treatment or other
document relating to the supply thereof the following particulars

(a) the date on which the medicine was supplied;

(b)the name and address of any person to whom or on whose behalf it
was supplied; and





(c)the ingredients of the medicine and the quantity, dosage and duration
of supply. (Added58of 1986s. 8)

(4) The provisions of subsection (3) shall, in the case of a medicine supplied on
a prescription on which the medicine has been supplied by the seller on a previous
occasion, be deemed to be complied with if, when the medicine is supplied, the date
and the quantity supplied are entered in the book on that day or, if that is not
reasonably practicable, on the day next following that day, together with a sufficient
reference to an entry in the book duly recording the dispensing of the medicine on
the previous occasion.

(5) In the case of a medicine which is supplied or dispensed by a person who is
an authorized seller of poisons and is compounded by the person supplying or
dispensing it or by a person in his employment, the medicine shall have been
compounded by or in the presence of and under the supervision of a registered
pharmacist.

[cf. 1933 c. 25 s. 19 U.K.]

28A. Restriction on import and export
of pharmaceutical products

(1) No person shall carry on business as an importer or exporter of
pharmaceutical products unless he is registered under this section.

(2) Applications for registration or renewal of registration under this section
shall be made in the prescribed manner and shall be accompanied by the prescribed
fee.

(3) The Board shall cause a register to be kept in which shall be entered such
particulars as the Board may direct in respect of any person whose application for
registration under this section is granted or renewed.

(4) An application by any person for registration or renewal of registration
under this section may be refused if it appears that, by reason of the inadequacy of
the storage facilities used by such person for the storage of pharmaceutical products
to be imported or exported by him, it would not be in the public interest to grant the
application.

(5) Registration under this section shall be valid for the period beginning on the
date of registration and expiring on 30 June next thereafter, and may be renewed
within 1 month prior to the expiry of that period.

(6) Any person who contravenes subsection (1) shall be guilty of an offence.

(7) Nothing in this section shall

(a)apply to any person licensed under this Ordinance as a wholesale
dealer in poisons;

(b)operate so as to prohibit any person who was carrying on business
as an importer or exporter of pharmaceutical products





prior to the commencement* of the Pharmacy and Poisons
(Amendment) Ordinance 1980 (50 of 1980) from continuing to carry
on such business until the expiration of a period of 6 months after the
commencement of that Ordinance.

(Added50 of 1980 s. 6)

29. Power to make regulations

(1) Subject to the approval of the Legislative Council and to section 31, the
Board may make regulations

(a)prescribing the nature and scope of courses of training and study,
and examinations to be completed by persons to qualify for
registration as pharmacists, and the fees payable in respect of such
courses and examinations;

(aa) prescribing the form of practising certificate for a registered
pharmacist and the fees to be paid on the issue of such certificate;
(Added50 of 1977s. 6)

(ab) the disposal of any fee paid or recovered under this Ordinance;
(Added50 of 1977s. 6)

(b)prescribing the form of certificate of registration as a pharmacist and
the fees to be paid on the issue of such certificate and for the issue of
duplicates of certificates of registration;

(ba) prescribing the procedure to be followed in inquiries held by the
Disciplinary Committee under the provisions of section 16; (Added31
of 1972 s. 6)

(c)regulating the making and determination of applications under
section 13 in respect of the registration of premises, providing for
appeals and prescribing the form of any certificate of registration
issued under that section; (Replaced 58 of 1986 s. 9)

(ca) prescribing fees for the registration of premises under section 13 and
for the retention of premises on the register of premises in each year
subsequent to the year of first registration and upon a change of
name, ownership or any other particulars relating to the premises;
(Added 58 of 1986 s. 9)

(cb) prescribing the form of logo under section HA; (Added 58 of
1986s.9)

(d)dispensing with or relaxing all or any of the provisions of sections 22,
27 and 28;

(e)dispensing with or relaxing with respect to poisons any of the
provisions of this Ordinance relating to the sale of poisons;

1. 1. 1981





(ea) exempting any article or substance from the provisions of this
Ordinance; (Added45 of 1975s. 2)

(f)prescribing the form of certificates to be given to persons to whom a
poison included in Part 1 of the Poisons List may be sold, and
specifying the class of persons authorized to make such certificates;

(g)prescribing the form of a book to be kept for the recording of the
sales of poisons in Part 1 of the Poisons List;

(ga) regulating the making and determination of applications under
section 25(1) in respect of the entering of names on the list kept under
that section and providing for appeals against refusals of such
applications; (Added50 of 1980s. 7)

(h)providing for the licensing of wholesale dealers in poisons and for
appeals against any refusal, revocation or suspension of a licence for
wholesale dealers in poisons under such regulations; (Replaced 50
of 1980 s. 7)

(ha) providing for the keeping of such registers or records by wholesale
dealers in poison as maybe prescribed; (Added45 of 1975s. 2)

(i)regulating and controlling the sale of poisons included in Part 11 of
the Poisons List by listed sellers of poisons, prescribing fees for the
making of entries in and alterations to the list of listed sellers of
poisons, for the retention of the name of any person on that list for
any year subsequent to that of the first entry, and for a change of
ownership or address of the business;

(j)providing for the licensing of manufacturers and for appeals against
any refusal, revocation or suspension of a licence for manufacturers
under such regulations; (Replaced 50 of 1980 s.7)

(ja) providing for the control of the manufacture of pharmaceutical
products and poisons; (Added45 of 1975s. 2)

(k)providing for the regulation of the type of containers in which
various poisons or classes of poisons may be stored or sold and for
the labelling of containers in which such poisons are sold;

(1)providing for the regulating of the storage and transport of medicines
and poisons;

(m)prescribing fees for the licensing of wholesale dealers in poisons and
of manufacturers;

(n)prescribing, for the purposes of this Ordinance, the veterinary
training institutions or examining bodies the certificates or diplomas
of which shall entitle the holders of the same to be recognized as duly
qualified veterinary surgeons;

(o)generally providing for the regulating and controlling of the selling,
purchasing, compounding and dispensing of poisons and

medicines;(Amended31 of 1972s. 6)





(p)providing for the licensing of retail sellers of pharmaceutical products
who are not authorized sellers of poisons or listed sellers of poisons;

(q)providing for the registration of pharmaceutical products
manufactured in or imported into Hong Kong and for the payment of
fees in respect thereof, and for appeals against any refusal, revocation
or suspension of such registration under such regulations; (Replaced
50 of 1980s. 7)

(qa) providing for the provisional registration of pharmaceutical products
and the conduct of clinical trials on human beings and medicinal tests
on animals, and for the issue of certificates and duplicate certificates
and the payment of fees in respect thereof, (Added50 of 1980s. 7)

(qb) providing for the registration of persons carrying on business as
importers or exporters of pharmaceutical products and for the
payment of fees in respect thereof, and for appeals against any
refusal, revocation or suspension of such registration under such
regulations; (Added50 of 1980s. 7)

(r)prescribing a list of poisons, to be called the Poisons List, which list
shall have 2 divisions to be known as Part I and Part 11 respectively.

(IA) Any regulations made under subsection (1)(aa) may prescribe different
fees to be payable by different categories of pharmacists. (Added50 of 1977 s. 6)

(2) A regulation made under this section may provide that a contravention
thereof shall be an offence and may prescribe penalties for such offence not
exceeding the penalties specified in section 34. (Added 45 of 1975 s.2)

[cf. 1933 c. 25 s. 23 U.K.]

30. Pharmacy and Poisons Appeal Tribunal

(1) There shall be a Pharmacy and Poisons Appeal Tribunal (in this Ordinance
referred to as 'the Tribunal') with jurisdiction to hear and determine

(a)any appeal against a decision of the Board under section 13(3) or (7);
(Replaced 58 of 1986 s. 10)

(aa) any appeal against a direction of the Board under section 25(3);
(Added 58 of 1986s. 10)

(b) any appeal against-

(i) a decision of a committee of the Board in respect of which
provision authorizing such appeal is made in regulations under
section 29; or





(ii) a decision of the Board in the performance by the Board under
section 4A(8) of any function of a committee of the Board
which, if made by the committee in exercise of such functions,
would be a decision to which subparagraph (i) applies.

(2) The Tribunal shall consist of

(a)the following persons appointed by the Governor to be members
thereof

(i) a legally qualified person who shall be the chairman of the
Tribunal;

(ii) a registered medical practitioner;
(iii) a registered pharmacist;

(iv) a person qualified in pharmacology;

(b)such person from the panel referred to in subsection (3)(a) as
the Director may nominate from time to time to act as a member
representing pharmacists' associations;

(e)such person from the panel referred to in subsection (3)(b) as
the Director may nominate from time to time to act as a member
representing the pharmaceutical industry; and

(d)such person from the panel referred to in subsection (3)(c) as
the Director may nominate from time to time to act as a member
representing the retail pharmaceutical trade.

(3) For the purposes of subsection (2)(b), (c) and (d), the
Governor may appoint

(a)a panel consisting of persons nominated by pharmacists'
associations;

(b)a panel consisting of persons nominated by pharmaceutical
industry associations; and

(c)a panel consisting of persons nominated by the retail pharmaceutical
trade associations,

and may at any time terminate any such appointment or make any alternative or
additional appointment as he may deem fit.

(4) A person appointed to be a member of the Tribunal under subsection
(2)(a) shall hold office for such period not exceeding 3 years as the Governor
may determine, and may resign at any time by notice in writing addressed to the
Governor.

(5) A person nominated by the Director to act as a member of the Tribunal
under subsection (2)(b), (c) or (d) shall hold such office during any period
for which he is so nominated to act, and such person may resign from the panel of
which he is a member at any time by notice in writing addressed to the Governor.

(6) If the chairman of the Tribunal is unable to attend at the hearing of any
appeal, such other member of the Tribunal appointed under subsection





1989 Ed.] Pharmacy and Poisons [CAP. 138 27

(2)(a) as the Director may designate to act as chairman shall preside at the hearing.

(7) The Tribunal may act notwithstanding any vacancy in its membership and,
for the purpose of hearing and determining any appeal under this section, the
Tribunal shall be duly constituted if it consists of the chairman (or the member
designated under subsection (6) to act as chairman) and not less than 2 other
members sitting together throughout the hearing and determination

(7A) Where

(a)a member resigns, or his term of office expires, and he is not
immediately reappointed to be or renominated to act as a member of
the Tribunal; and

(b)at the time of the member's resignation or expiry of his term of office
the hearing of an appeal under this section is continuing,

then for the purpose of hearing and determining the appeal-
(i) the member shall continue to hold office; and

(ii) the appointment or nomination of any person to the office previously
held by the member shall take effect subject to this subsection.
(Added 6 of 1989 s. 2)

(7B) Where

(a)at the date of the commencement of the Pharmacy and Poisons
(Amendment) Ordinance 1989 (6 of 1989) the hearing of an appeal
under this section is continuing; and

(b)a member of the Tribunal hearing the appeal resigned or his term of
office expired after the commencement of the hearing,

then for the purpose of hearing and determining the appeal the member shall be
deemed to continue to hold office until the appeal is determined; and the
appointment or nomination of any person to the office previously held by the
member shall have effect subject to this provision. (6 of 1989 s. 3 incorporated)

(8) The Tribunal may examine any person as a witness on oath or otherwise,
and may summon any person to attend and give evidence or to produce any
document relating to any appeal before the Tribunal, as the Tribunal may deem
necessary for the determination of the appeal.

(9) In determining any appeal under this section, the Tribunal may dismiss the
appeal or allow the appeal wholly or in part, and may, subject to regulations made
under subsection (10), in either case give such reasons for its decision as it may
deem fit.

(10) The Governor may make regulations

(a)regulating appeals under this section and the practice and procedure
of the Tribunal;

(b)prescribing fees in respect of such appeals and matters connected
therewith.





28 CAP. 1381 Pharmacy and Poisons [1989 Ed.

(11) In this section 'the Director' means the Director of Health.
(AmendedL.N. 76 of 1989) (Added50 of 1980 s. 8)

30A. Right of appeal to High Court

Any person whose appeal is dismissed or allowed in part only by the Tribunal
under section 30 may, not later than 28 days after the decision of the Tribunal,
appeal to the High Court against that decision, and the decision of the High Court
shall be final.

(Added50 of 1980s. 8)

31. Poisons Committee

(1) For the purposes of advising the Board on the classification and distribution
of poisons in Part 1 and Part II of the Poisons List and matters relating to the control
of the manufacture and distribution of poisons and pharmaceutical products, there
shall be a Poisons Committee consisting of

(a)the registered medical practitioners appointed under section 3(2)(h)
and (i); and

(b)5 other members of the Board appointed by the Board, including 2 of
the members appointed under section 3(2)(g).

(2) In determining the distribution of poisons in Part 1 and Part 11 of the
Poisons List the Board shall, after considering the advice of the Poisons Committee,
have regard to the desirability of restricting to Part II substances which are in
common use, or are likely to come into common use, and which it is reasonably
necessary to include in the said Part II if the public are to have adequate facilities for
obtaining them.

[cf. 1933 c. 25 ss. 16 & 17 U.K.]

32. Exemption with respect to sales wholesale

and sales to certain persons

Except as provided by regulations, nothing in this Ordinance shall extend to or
interfere with

(a) the sale of poisons by way of wholesale dealing; or

(b)the sale of poisons to be exported by a person registered as an
exporter of pharmaceutical products under section 28A or licensed
under this Ordinance as a wholesale dealer in poisons to purchasers
outside the Colony; or (Amended50 of 1980s. 9)

(c)the sale of a substance to a registered medical practitioner, registered
dentist or duly qualified veterinary surgeon for the purpose of his
profession; or





(d) the sale or supply of a substance for use in or in connection with
an institution; or
(e) the sale of a substance by a person carrying on a business, in the
course of which poisons are regularly sold to either---
(i) a person who requires the substance for the purpose of his
trade or business; or
(ii) a Government department or an officer of the Crown re-
quiring the substance for the purpose of the public service;
or
(iii) a person or institution concemed with education or scientific
research, if the substance is required for the purposes of that
education or research.
[cf. 1933 c. 25 s. 20 U.K.]

33. Offences
(1) Any person who contravenes section 21, 23, 26, 27 or 28 shall be
guilty of an offence.
(2) In the case of proceedings against a person under this Ordinance for
or in connection with the sale, exposure for sale or supply of a poison effected
by an employee-
(a) it shall not be a defence that the employee acted without the
authority of the employer; and
(b) any material fact known to the employee shall be deemed to have
been known to the employer.
(3) Notwithstanding any provision in any Ordinance prescribing the
period within which summary proceedings may be commenced, proceedings for
an offence under this Ordinance may be commenced at any time within the
period of 12 months next after the date of the commission of the offence.
[cf. 1933 c. 25 s. 24 U.K.]

34. Penalties

Any person who is guilty of an offence under this Ordinance shall, unless a
penalty is otherwise expressly provided, be liable on conviction to a fine of
$10,000 and to imprisonment for 12 months, and to a further fine of $1,000 for
every day during which the offence continues subsequent to the day on which he
was convicted of such offence.
(Amended 31 of 1972s. 7)
[cf. 1933 c. 25 s. 24 U.K.]

35. Inspection and enforcement of Ordinance

(1) The Chairman may authorize in writing any public officer to be an
inspector for the purposes of this Ordinance.





(2) An inspector authorized under this section shall, for the purpose of
enforcing the provisions of this Ordinance, have power- (Amended 45 of
1975s.3)
(a) at all reasonable times to enter-
(i) any premises which are on the register of premises; and
(ii) any premises at which any listed seller of poisons carries on
business; and
(iii)the premises of a person licensed to sell or supply poisons
wholesale on such premises in accordance with regulations
made under section 29; and
(iv)any premises where the dispensing or manufacturing of
pharmaceutical products is carried on;
(b)upon the production of his authority as an inspector, at any time
to enter and search any place and to stop, board and search any
vessel, vehicle, train or aircraft in which he has reason to suspect
that an offence under this Ordinance is being or has been
committed;
(c)in any premises entered pursuant to paragraph (b), to seize and
detain any article, document or thing which appears to him to be
or to contain evidence of an offence against this Ordinance;
(d)to make such examination and inquiry and to do such other
things, including the taking, on payment therefor, of samples, as
may be necessary for the purposes of the inspection;
(e)to seize and detain any substance or article consisting of or
containing any poison which he has reasonable cause to suspect
is in the possession of any person in contravention of section 23.
(3) Any person who wilfully delays or obstructs an inspector in the
exercise of any powers under this section, or refuses to allow any sample to be
taken in accordance with this section, or fails without reasonable excuse to give
any information which he is duly required under this section to give shall be
guilty of an offence.
(4) Any person appearing to an inspector to be in charge of premises
where a business which includes the sale of poisons is conducted shall be guilty
of an offence if, without reasonable excuse, he fails to disclose particulars
sufficient to identify the owner of the business upon being required so to do by
the inspector.
(5) Nothing in this section shall authorize an inspector appointed under
this Ordinance to enter or inspect the premises of a registered medical
practitioner, a registered dentist or a duly qualified veterinary surgeon, other
than those premises where the dispensing, manufacturing or compounding of
pharmaceutical products is carried on.
[cf. 1933 c. 25 s. 25 U.K.]





36. Forfeiture

(1) Any magistrate may, on application by the Crown, order to be forfeited any
pharmaceutical product or medicine or any substance or article consisting of or
containing any poison with respect to which any offence under this Ordinance has
been committed, whether any person has been convicted of such offence or not, and
upon the making of any order of forfeiture such substance or article shall be deemed
to be the property of the Crown free from all rights of any person. (Amended 58 of
1986s.11)

(2) In any proceedings on application under subsection (1), any statement or
other indication of the nature of any substance or article written upon or attached to
any substance, article or container shall, until the contrary is proved, be deemed to
be a true description of the substance or article or of the contents of the container,
as the case may be.

37. Ordinance not to apply to traditional

Chinese medicines

Nothing in this Ordinance shall apply to the sale, manufacturing,
dispensing or compounding of traditional Chinese medicines as listed in the
Chinese Herbal Materia Medicaor which are made from herbs
customarily used by the Chinese people.

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/2663

Edition

1964

Volume

v11

Subsequent Cap No.

138

Number of Pages

32
]]>
Tue, 23 Aug 2011 18:09:48 +0800
<![CDATA[ANTIBIOTICS REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2662

Title

ANTIBIOTICS REGULATIONS

Description






ANTIBIOTICS REGULATIONS
(Cap. 137, section 12)

[16 August 19571

G.N.A. 66 of 1957- G.N.A. 69 of 1961, L.N. 148 of 1965, L.N. 113 of 1969, L.N. 65 of 1977, L.N.
91 of 1987, R. Ed. 1987, L.N. 180 of 1989, L.N. 364 of 1989

1. Citation

These regulations may be cited as the Antibiotics Regulations.

(L.N. 113 of 1969)

2. Application of Ordinance

The Ordinance shall apply to the substances specified and defined in Schedule
1 and to their salts and their derivatives and to the salts of such derivatives
regardless of the method of production. (L.N. 113 of 1969; L.N. 180 of 1989)

3. Payment of fees

The fees payable for an application of a permit and the renewal of a permit
under section 6(1) shall be those specified in Schedule 2.

(L.N. 180 of 1989)

SCHEDULE 1 [reg. 21

Item Name of Substance Definition of Substance

1 . Aclarubicin An antibiotic agent isolated from Streptomyces galilaeus.

2. Actinomycin An antibiotic agent isolated from various species of Streptomyces.
3. Adriamycin An antibiotic agent isolated from Streptomyces peucetius var.
caesius.
4. Amphomycin An antibiotic agent isolated from Streptomyces canus.
5. Amphotericin An antibiotic agent isolated from strains of Streptomyces nodosus.
6. Azaserine An antibiotic agent isolated from a strain of Streptomyces.
7. Bacitracin An antibiotic agent isolated from strains of Bacillus subtilis.
8. Bleomycin A mixture of antibiotic agents obtained from Streptomyces
verticillus.
9. Candicidin An antibiotic agent isolated from Streptomyces griseus.
10. Capreomycin An antibiotic agent isolated from Streptomyces capreolus.
11. Carbomycin An antibiotic agent isolated from strains of Streptomyces halstedii.





Item Name of Substance Definition of Substance

12. CephalosporinsAntibiotic agents isolated from various strains of Cephalosporium.
13. ChloramphenicolAn antibiotic agent isolated from strains of Streptomyces.
14. ChlortetracyclineAn antibiotic agent isolated from strains of Streptomyces.
15. ChromomyeinAn antibiotic agent isolated from strains of Streptomyces griseus.
16. Clavulanic AcidAn antibiotic agent isolated from Streptomyces clavuligerus.
17. ColistinAn antibiotic agent isolated from strains of Bacillus colistinus.
18. CycloserineAn antibiotic agent isolated from strains of Streptomyces orchid-
aceus and S. garyphalus.
19. DaunorubicinAn antibiotic agent isolated from Streptomyces caeruleorubidus.

19A.* Enramycin An antibiotic agent isolated from Streptomyces fungicidicus.
(L.N. 364 of 1989)

20. Erythromycin An antibiotic agent isolated from strains of Streptomyces
erythreus.
21. Fosfomycin An antibiotic agent isolated from strains of Streptomyces.
22. Framycetin An antibiotic agent isolated from strains of Streptomyces.
23. Fumagillin An antibiotic agent isolated from strains of Aspergillus furnigatus.
24. Fusaffingine An antibiotic agent isolated from Fusarium lateritium.
25. Fusidic Acid An antibiotic agent isolated from strains of Fusidium coccineum.
26. Gentamicin A mixture of antibiotic agents isolated from Micromonospora
purpurea.
27. Griseofulvin An antibiotic agent isolated from strains of Penicillium griseo-
fulvum.
28. Hachimycin An antibiotic agent isolated from Streptomyces hachijoensis.
29. Josamycin An antibiotic agent isolated from Streptomyces narbonensis variety
josamyceticus.
30. Kanamycin An antibiotic agent isolated from strains of Streptomyces kana-
myceticus.
31. Lincomycin An antibiotic agent isolated from strains of Streptomyces linoco-
Inensis.
32. Lysostaphin An antibiotic agent isolated from Staphylococcus staphylolyticus.
33. Mider-amycin An antibiotic agent isolated from Streptomyces mycarofaciens
nov. sp.
34. Mithramycin An antibiotic agent isolated from Streptomyces plicatus.
35. Mitomycin An antibiotic agent isolated from strains of Streptomyces cae-
spitosus.
36. Monensin An antibiotic agent isolated from Streptomyces cinnamonensis.
37. Mupirocin An antibiotic agent isolated from Pseudomonas fluorescens.
38. Natamycin An antibiotic agent isolated from Streptomyces natalensis.
39. Neomycin An antibiotic agent isolated from strains of Streptomyces.
40. Novobiocin An antibiotic agent isolated from strains of Streptomyces niveus.
41. Nystatin An antibiotic agent isolated from strains of Streptomyces noursei.
42. Oleandomycin An antibiotic agent isolated from strains of Streptomyces anti-
bioticus.

In operation on 1 January 1990.





Item Name of Substance Definition of Substance

43. Oxytetracycline An antibiotic agent isolated from strains of Streptomyces.
44. Paromomycin An antibiotic agent isolated from strains of Streptomyces rimosus.
45. Penicillin An antibiotic agent isolated from strains of Penicillium notatum.
46. Pleuromutilin An antibiotic agent isolated from strains of Pleurotus.
47. Polymyxins Antibiotic agents isolated from strains of Bacillus polymyxa.
48. Porfiromycin An antibiotic agent isolated from Streptomyces ardus.
49. Pristinamycin An antibiotic agent isolated from Streptomyces pristinaspiralis.
50. Puromyein An antibiotic agent isolated from Streptomyces alboniger.
51. Ribostamycin An antibiotic agent isolated from Streptomyces ribosibisicus.
52. Rifamycin An antibiotic agent isolated from strains of Streptomyces medi-
terranei.
53. Ristocetin An antibiotic agent isolated from strains of Nocardia lurida.
54. Sarkomyein An antibiotic agent isolated from strains of Streptomyces eryth-
rochromogenes.
55. Spectinomycin An antibiotic agent isolated from Streptomyces spectabilis.
56. Spiramycin An antibiotic agent isolated from strains of Streptomyces
ambofaciens.
57. Streptomycin An antibiotic agent isolated from strains of Streptomyces griseus.
58. Streptonigrin An antibiotic antineoplastic: agent isolated from Streptomyces
flocculus.
59. Streptozotocin An antibiotic agent isolated from a variant of Streptomyces
achromogenes.
60. Tetracycline An antibiotic agent isolated from strains of Streptomyces.
61. Tyrothricin An antibiotic agent isolated from Bacillus brevis.
62. Vancomycin An antibiotic agent isolated from strains of Streptomyces
orientalis.
63. Viomycin An antibiotic agent isolated from strains of Streptomyces.
64. Virginiamycin A mixture of antibiotic agents isolated from strains of
Streptomyces.
(L.N. 91 of 1987)

SCHEDULE 2 [reg. 31

FEES

Item Particular Fee
1. Application for a permit 300

2. Renewal of a permit 300
(L.N. 180 of 1989)

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/2662

Edition

1964

Volume

v11

Subsequent Cap No.

137

Number of Pages

3
]]>
Tue, 23 Aug 2011 18:09:48 +0800
<![CDATA[ANTIBIOTICS ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/2661

Title

ANTIBIOTICS ORDINANCE

Description






LAWS OF HONG KONG

ANTIBIOTICS ORDINANCE

CHAPTER 137





CHAPTER 137

ANTIBIOTICS ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page
1. Short title ..........................2
2. Interpretation .......................2
3. Substances to which this Ordinance applies 2
4. Control of sale and supply of substances to which this Ordinance applies 3
5. Prohibition of possession of substances to which this Ordinance applies 4
6. Permits to deal in and to possess substances to which this Ordinance applies 5
7. Maintenance of records ................................................................................. 5
8. Notification that no scheduled antibiotics may be sold 6
9. Inspections and enforcement of Ordinance 7
10. Offences and penalties ..............7
11. Forfeiture ........................................................................................................... 8
12. Regulations ......................... 8





CHAPTER 137

ANTIBIOTICS

To control the sale and supply of certain antibiotic substances.

(Amended40 of 1969 s. 2)

[4 June 1948]

Originally 21 of 1948 (Cap. 137,1950) -G.N.A. 15 of 1951, G.N.A. 25 of 1951,50 of 1955,23 of
1962, 14 of 1964, 40 of 1969, L.N. 215 of 1981, 45 of 1984, R. Ed. 1984, 69 of 1986, 62
of 1987, L.N. 76 of 1989

1. Short title

This Ordinance may be cited as the Antibiotics Ordinance.

(Amended40 of 1969 s. 3)

2. Interpretation

In this Ordinance, unless the context otherwise requires

,,authorized seller of poisons' has the meaning assigned to it by the Pharmacy and
Poisons Ordinance (Cap. 138);

'Director of Agriculture and Fisheries' includes the senior veterinary officer and
any veterinary officer; (Added 23 of 1962 s. 3)

'penicillin' has the meaning assigned to it by the regulations made under this
Ordinance;

'registered dentist' means a person registered in the dentists register and a person
deemed to be a registered dentist under the Dentists Registration
Ordinance(Cap. 156); (Amended 62 of 1987s. 10)

'registered medical practitioner' means a person registered or deemed to be
registered under the Medical Registration Ordinance (Cap. 161);

'registered pharmacist' means a person registered in the register of pharmaceutical
chemists or the register of chemists and druggists under the Pharmacy and
Poisons Ordinance (Cap. 138);

,'veterinary surgeon' means any member of the Royal College of Veterinary
Surgeons of Great Britain, or any other person holding the diploma of such
British or Colonial veterinary institution or examining body as the Governor in
Council may from time to time approve.

3. Substances to which this Ordinance applies

The substances to which this Ordinance applies are penicillin and such

other anti-microbial organic substances produced by living organisms as may





be prescribed by regulations made by the Governor in Council under section 12
and, where such regulations prescribe a substance produced by living
organisms, the regulations may include any substance the chemical properties
of which are identical with or similar to those of the substances so prescribed
but which is not produced by living organisms: (Amended50 of 1955 s. 2)
Provided that this Ordinance shall not apply to antibiotic substances
contained in foods for livestock or to such substances which have been specially
manufactured for the purpose of supplementing foods for livestock. (Added
50 of 1955 s. 2)

4. Control of sale and supply of substances
to which this Ordinance applies
(1) Subject to the provisions of this section, no person shall sell or
otherwise supply any substance to which this Ordinance applies or any
preparation of which any such substance is an ingredient or part unless he is-
(a)a registered medical practitioner, a registered dentist or a
veterinary surgeon or a person acting in accordance with the
directions of any such medical practitioner, dentist or veterinary
surgeon, and the substance or preparation is sold or supplied for
the purpose of treatment by or in accordance with the directions
of that medical practitioner, dentist or veterinary surgeon; or
(b)a person who, although not a registered medical practitioner,
practises medicine in a clinic in such circumstances that, by virtue
of section 8(8) of the Medical Clinics Ordinance (Cap. 343), he is
not by reason solely of such practice guilty of an offence under
section 28 of the Medical Registration Ordinance (Cap. 161) and
the substance or preparation is sold or supplied by him solely in
the course of his practice in that clinic for the purpose of
treatment by him or treatment in accordance with his directions;
or (Added 14 of 1964 s. 2)
(e)a registered pharmacist or an authorized seller of poisons, and
the substance or preparation is sold or supplied under the
authority of a prescription signed and dated by such medical
practitioner, dentist or veterinary surgeon as aforesaid.
(2) No person shall administer by way of treatment any such substance or
preparation unless he is such a medical practitioner, dentist or veterinary
surgeon or a person acting in accordance with the written directions of any such
medical practitioner, dentist or veterinary surgeon, or a holder of a valid permit
issued by the Director of Agriculture and Fisheries under section 6(2), or a
person acting under the direction of a holder of such permit, or a person
referred to in subsection (1)(b) and such substance or preparation is admin-
istered in the course of his practice in the clinic concerned. (Amended50 of
1955 s. 3; 23 of 1962 s. 3; 14 of 1964 s. 2)





(3) Subsection (1) shall not apply to the sale or supply of any such
substance or preparation-
(a)to any person who is a holder of a valid permit issued under this
Ordinance to deal in such substance or preparation; (Replaced
50 of 1955 s. 3)
(b)to any person who is a holder of a valid permit issued by the
Director of Agriculture and Fisheries under section 6(2), if any
substance or preparation so sold or supplied is clearly labelled
'for veterinary purposes only'; (Added 23 of 1962 s. 3)
(c)to any such medical practitioner, dentist or veterinary surgeon as
aforesaid;
(d)to any authority or person carrying on a hospital, clinic, nursing
home or other institution providing medical, surgical or
veterinary treatment:
Provided that this paragraph shall not apply to any hospital,
clinic, nursing home or other institution which is required to be
registered under the Medical Clinics Ordinance (Cap. 343) unless
it is so registered; (Replaced 14 of 1964 s. 2)
(e)to any person carrying on an institution or business which has
among its recognized activities the conduct of scientific education
or research, for use by persons engaged in that education or
research; or
(f) to any public department.
(4) The person dispensing a prescription shall comply with the following
requirements-
(a)if the prescription contains a direction that it may be dispensed a
stated number of times or, at stated intervals, it must not be
dispensed otherwise than in accordance with the direction;
(b)at the time of dispensing there must be noted on the prescription
the signature of the prescriber, the name and address of the seller
and the date on which the prescription was dispensed;
(c)except in the case of a prescription which may be dispensed on
more than one occasion, the prescription must for a period of 2
years be retained and kept on the premises on which it was
dispensed, in such manner as to be readily available for reference.

5. Prohibition of possession of substances
to which this Ordinance applies
(1) Subject to the provisions of subsection (2), no person shall have in his
possession or under his control any substance to which this Ordinance applies
or any preparation of which any such substance is an ingredient or part.
(2) Subsection (1) of this section shall not apply to the following-
(a) a registered medical practitioner;





(b) a person referred to in section 4(1)(b); (Added 14 of 1964 s. 3)
(c) a registered dentist;
(d) a veterinary surgeon;
(e) a registered pharmacist;
(f) an authorized seller of poisons;
(g) a department of Government;

(h) any person acting under the direction of a registered medical

practitioner, registered dentist or veterinary surgeon; (Amended
45 of 1984 s. 2)

(i) a person who is the holder of a valid permit issued under this

Ordinance to deal in such substance or preparation; (Amended
23 of 1962 s. 4; 45 of 1984 s. 2)

(j) a person who is the holder of a valid permit issued by the

Director of Agriculture and Fisheries under of section 6(2); or
(Added 23 of 1962 s. 4; 45 of 1984 s. 2)

(k) a person in bona fide possession of a substance supplied to him in

conformity with section 4. (Added45 of 1984s. 2)
(Added 50 of 1955 s. 4)

6. Permits to deal in and to possess substances

to which this Ordinance applies

(1) The Director of Health or any person authorized by him in that behalf may in
his absolute discretion issue to any person a permit in writing to deal in any
substance to which this Ordinance applies or any preparation of which any such
substance is an ingredient or part. (AmendedL.N. 76of1989)

(2) The Director of Agriculture and Fisheries may in his absolute discretion
issue to any person a permit in writing to possess for the purposes of veterinary
treatment any substance to which this Ordinance applies or any preparation of which
any such substance is an ingredient or part. (Added 23 of 1962 s. 5)

(3) Every permit in writing issued under the provisions of this section shall be
given a serial number and any such permit may contain such conditions as the
issuing authority may think necessary or expedient to impose and any such permit
may be revoked by the issuing authority at any time.

(Added50 of 1955 s.4. Amended23of 1962s. 8)

7. Maintenance of records

(1) Every person, other than the holder of a valid permit issued by the Director
of Agriculture and Fisheries under section 6(2), who is permitted by section 5(2) to
have in his possession or under his control any substance to which this Ordinance
applies or any preparation of which any such substance is an ingredient or part shall
maintain written records, as prescribed in





subsections (2) and (3), of transactions entered into by him in respect of such
substance or preparation: (Amended 23 of 1962 s. 6)

Provided that such records need not be maintained by a person to whom such
substance has lawfully been supplied for the purpose of treatment. (Added40 of
1969 s. 4)

(2) The records to be maintained under this section by registered pharmacists,
authorized sellers of poisons and holders of permits issued under section 6(1) shall
include- (Amended23 of 1962s. 6)

(a)name and address of person from whom received or to whom supplied,
and if received from or supplied to the holder of a permit issued under
this Ordinance the serial number of such permit;

(b) quantity received or supplied;

(c) date received or supplied:

Provided that such records need not be maintained by an authorized seller of
poisons in respect of such substances supplied on a prescription if

(i) the prescription is retained by the authorized seller of poisons for a
period of 2 years; or

(ii) in the case of a prescription which may be dispensed on more than
one occasion, a copy of that prescription is made in a book
maintained for that purpose, which book is retained by him for a
period of 2 years. (Added40 of 1969s. 4)

(3) The records to be maintained under this section by persons other than
registered pharmacists, authorized sellers of poisons and holders of permits issued
under this Ordinance shall include

(a)name and address of person from whom received and if received from
the holder of a permit issued under this Ordinance the serial number of
such permit;

(b) quantity received;

(c) date received.

(4) Entries made in records to be maintained under this section shall be
supported in every case by invoice, order note or other voucher.

(5) All records to be maintained under this section and documents which
support entries in such records shall be open to inspection by an inspector
appointed under section 9.

(6) Any person who contravenes the provisions of this section shall be guilty
of an offence and shall be liable on summary conviction to a fine of 51,000.

(Added 50 of 1955 s. 4)

8. Notification that no scheduled antibiotics may be sold

Any person who sells by retail pharmaceutical products on premises at which
no registered pharmacist is employed shall cause to be displayed in such





premises in a prominent place so as to be clearly visible to the public, a notice in the
English and Chinese languages to the effect that the antibiotics specified in the
Schedule to the Antibiotics Regulations (Cap. 137 sub. leg.) may not be sold on
such premises.

(Added40 of 1969 s. 5)

9. Inspections and enforcement of Ordinance

(1) The Director of Health may in writing authorize any public officer to be an
inspector for the purposes of this Ordinance. (Amended L.N. 76 of 1989)

(2) Any inspector authorized under this section shall, for the purpose of
enforcing the provisions of this Ordinance and any regulations made thereunder
have power

(a)at all reasonable times to enter the premises of any registered
pharmacist, any authorized seller of poisons and any person who is
the holder of a permit under this Ordinance;

(b)at any time to enter any premises in which he has reason to suspect
that an offence against this Ordinance has been committed;

(c)to make such examination and inquiry and to do such other things,
including the taking on repayment therefor of samples, as may be
necessary for the purposes of inspection;

(d)to seize and detain any substance to which this Ordinance applies or
any preparation of which any such substance is an ingredient or part
which he has reasonable cause to suspect is liable to forfeiture under
this Ordinance; and (Amended 23 of 1962 s. 7)

(e)to seize and detain any document, record or article which appears to
him to constitute or contain evidence of the commission of an offence
under this Ordinance. (Added 23 of 1962 s. 7)

(3) If any person wilfully resists or obstructs an inspector in the exercise of his
powers under this section, or refuses to allow any sample to be taken in accordance
with the provisions of this section, or fails without reasonable excuse to give any
information which is duly required under this section to give, he shall be guilty of an
offence and shall be liable on summary conviction to a fine of $1,000.

(Added 50 of 1955 s. 4)

10. Offiences and penalties

(1) Any person who contravenes section 4 or 5 commits an offence and is liable
to a fine of 510,000 and to imprisonment for 12 months. (Replaced 69 of 1986s.2)





(2) Where an offence under this Ordinance has been committed by a body
corporate, every person who at the time of the commission of the offence was a
director, general manager, secretary or other similar officer of the body corporate, or
was purporting to act in any such capacity, shall be deemed to be guilty of that
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.

(3) Notwithstanding any provision in any Ordinance prescribing the period
within which summary proceedings may be commenced, proceedings for an offence
under this Ordinance may be commenced at any time within the period of 12 months
next after the date of the commission of the offence:

Provided that this subsection shall not apply to an offence under section 9.
(Added 69 of 1986 s. 2)

11. Forfeiture

(1) A magistrate, on application made on behalf of the Crown, shall order that
any substance to which this Ordinance applies or any preparation of which any
such substance is an ingredient or part, with respect to which any offence under this
Ordinance has been committed, shall be forfeited to the Crown whether any person
has been convicted of such offence or not.

(2) Upon the making of an order of forfeiture under this section, the substance
or preparation to which such order relates shall be deemed to be the property of the
Crown free from the rights of any person.

(Added 50 of 1955 s. 6)

12. Regulations

The Governor in Council may by regulation prescribe the substances and
definitions thereof to which this Ordinance applies and generally for carrying the
provisions of this Ordinance into effect.

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/2661

Edition

1964

Volume

v11

Subsequent Cap No.

137

Number of Pages

9
]]>
Tue, 23 Aug 2011 18:09:47 +0800
<![CDATA[MENTAL HEALTH (GUARDIANSHIP) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2660

Title

MENTAL HEALTH (GUARDIANSHIP) REGULATIONS

Description






MENTAL HEALTH (GUARDIANSHIP) REGULATIONS
(Cap. 136, section 72)

[29 December 19891 L.N. 420 of 1989

L.N. 417 of 1989

1. Citation

These regulations may be cited as the Mental Health (Guardianship)
Regulations.

2. Interpretation

In these regulations, unless the context otherwise
requires'Director' means the Director of Social Welfare;

'guardianship' means guardianship under Part 111 of the Ordinance;
'guardianship application' means an application under section 33;

'private guardian' in relation to a patient means a person other than the Director
who is the guardian of the patient under the Ordinance.

3. Duties of private guardians

(1) It shall be the duty of the private guardian of a patient

(a)to permit access to the patient for the purpose of any visit by or on
behalf of the Director in the exercise of his powers and duties under
the Ordinance;

(b)to notify the Director of any change of his or the patient's place of
residence not later than 14 days after such change takes place;

(c)where the patient has been absent for a continuous period of 14 days
from the place last notified to the Director as the patient's place of
residence, to notify the Director of that fact as soon as is reasonably
practicable and in any event not later than 14 days after the end of
the continuous period of 14 days;

(d)to furnish the Director with such reports or information with regard to
the patient as the Director may from time to time require;

(e)where it appears to the guardian that he will be unable to discharge
the duties or functions of guardian for any period, to





notify the Director of that fact as soon as practicable, and in any
event within 14 days, of the period for which it appears he will be
unable to so act;

in the event of the death of the patient, to notify the Director of that
fact as soon as is reasonably practicable and in any event not later
than 14 days after the patient's death;

(g)where it comes to his knowledge that the patient has married or
intends to marry, to notify the Director of that fact as soon as is
reasonably practicable and in any event within 14 days of acquiring
the knowledge;

(h) where-
(i) the patient takes up employment or takes a place on a training or
educational course;

(ii) there is any change in the nature and location of the patient's
employment or training or educational course; or

(iii)the patient leaves any employment or gives up a place on a
training or educational course,

to notify the Director of that event, the date thereof and the nature
and location of the employment or training or educational course as
soon as is reasonably practicable, and in any event not later than 14
days after such date;

(i)not to permit the patient to leave Hong Kong unless the Director has
been given at least 2 weeks' notice of the patient's intended
departure; and

(j)to take all reasonable steps to ensure the safety and welfare of the
patient and to arrange for the provision of adequate care for the
patient.

(2) For the purpose of subregulation (1)(b), residence for a continuous period of
14 days at a place other than the place last notified to the Director shall constitute a
change of address.

4. Duty of Director to give information to patient

Where a patient is received into guardianship pursuant to a guardianship
application the Director shall as soon as practicable

(a)inform the patient and, where known to the Director, a relative of the
patient of the name of the guardian and the name of the person who
made the application; and

(b)take such steps as are reasonably practicable to ensure that the
patient and a relative of the patient understand the nature and effect
of admission to guardianship and the rights available to the patient
or his relative under the Ordinance to apply





(i) to a District Judge for an order transferring the guardianship; (ii)
to the tribunal for a review of his case.

5. Duty of Director to ensure visits to patient

The Director shall arrange for every patient received into guardianship to be
visited on his behalf by an officer of the Social Welfare Department at intervals of
not more than 6 months.

6. Transfer of a patient under guardianship

(1) A patient who is for the time being subject to guardianship by virtue of a
guardianship application or the operation of section 35(1) may be transferred into
the guardianship of the Director or another person where

(a) written authority for the transfer is given by the guardian;

(b)the date on which the transfer is to take effect has been specified in
writing by the proposed guardian; and

(c)if it is proposed to transfer the patient into the guardianship of a
person other than the Director

(i) the written agreement of that person; and

(ii)the Director's written acceptance of that person as the guardian,

have been obtained.

(2) Where the Director has determined not to accept as guardian a person
proposed under subregulation (1), he may appoint himself to be the guardian.

(3) The Director shall give notice of a determination or appointment by him
under this regulation to the person named as existing guardian in an authority
issued for the purpose of subregulation (1) and to any person proposed as guardian
under that subregulation.

(4) Where a patient is transferred pursuant to this regulation into the
guardianship of the Director or a person other than a relative of the patient, the
Director shall, as soon as practicable, inform a relative of the patient known to the
Director that the transfer has taken place.

7. Transfer from mental hospital into guardianship

(1) A patient who is for the time being liable to be detained in a mental hospital
under Part 111 of the Ordinance may be transferred into the guardianship of the
Director where

(a)written authority for the transfer is given by the medical
superintendent of the hospital;

(b)the date on which the transfer is to take effect has been specified in
writing by the proposed guardian; and





(c)if it is proposed to transfer the patient into the guardianship of a
person other than the Director

(i) the written agreement of that person; and

(ii)the Director's written acceptance of that person as the guardian,

have been obtained.

(2) Where the Director has determined not to accept as guardian a person
proposed under subregulation (1), he may appoint himself to be the guardian.

(3) The Director shall give notice of a determination or appointment by him
under this regulation to the person named as existing guardian in an authority
issued for the purpose of subregulation (1) and to any person proposed as guardian
under that subregulation.

(4) Where a patient is transferred into guardianship pursuant to this regulation,
sections 34(1), (4) and (5) and 35 and regulation 4 shall apply as if the patient had
been received into guardianship pursuant to a guardianship application.

8. Suspension of powers of guardian

Where a patient is for the time being subject to guardianship, and

(a)the patient is admitted as a voluntary patient pursuant to section 30;
or

(b)an order is made under section 31(1B) authorizing the removal of the
patient to a mental hospital,

the powers of the Director or other person under section 34(1) as guardian shall be
suspended and shall remain suspended

(i) in the case of a patient admitted as a voluntary patient, until the
patient leaves the mental hospital or is discharged by a medical
superintendent or receives from a medical superintendent notice in
writing pursuant to section 30(2)(b) requiring him to leave the mental
hospital, whichever is the sooner; or

(ii) in the case of a patient who is the subject of an order under section
31(1B), for so long as the patient remains liable to detention by a
medical superintendent in a mental hospital.

9. Offences

A person who without reasonable excuse contravenes or fails to comply with
any of the provisions of regulation 3 commits an offence and is liable to a fine of
1,000 and to imprisonment for 3 months.

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/2660

Edition

1964

Volume

v11

Subsequent Cap No.

136

Number of Pages

4
]]>
Tue, 23 Aug 2011 18:09:46 +0800
<![CDATA[MENTAL HEALTH REVIEW TRIBUNAL RULES]]> https://oelawhk.lib.hku.hk/items/show/2659

Title

MENTAL HEALTH REVIEW TRIBUNAL RULES

Description






MENTAL HEALTH REVIEW TRIBUNAL RULES

ARRANGEMENT OF RULES

Rule Page

PART 1

INTRODUCTION

1. Citation .............................C 3
2. Interpretation .......................C 3

PART II

PRELIMINARY
MATTERS

3. Making an application ................C4
4. Notice of application ................C 5
5. Preliminary and incidental matters ...C 5
6. Statements by the responsible authority C 5
7. Notice to other persons interested ...C 6
8. Disqualification of tribunal members .C 6

PART Ill

GENERAL PROVISIONS

9. Representation, etc . ................C 6
10. Medical examination .................C 7
11. Disclosure of documents .............C 7
12. Directions ..........................C 8
13. Evidence ............................C 8
14. Further information .................C 8
15. Adjournment .........................C 8
16. Transfer of proceedings .............C 9
17. Two or more pending applications ....C 9
18. Withdrawal of application ...........C 9

PART IV

THE HEARING

19. Notice of hearing ...................C9
20. Privacy of proceedings ..............C9
21. Hearing procedure ...................C10





Rule Page

PART V

DECISIONS, FURTHER CONSIDERATION AND
MISCELLANEOUS PROVISIONS

22. Decisions ...........................C10
23. Communication of decisions ..........C11
24. Further consideration ...............C11
25. Time ................................C 12
26. Service of notices etc . ............C 12
27. Irregularities ......................C 12
28. Application requiring the leave of the tribunal C 12

PART VI

REFERENCES

29. References ...........................C 13
Schedule. Statements by the responsible authority C 13





MENTAL HEALTH REVIEW TRIBUNAL RULES

(Cap. 136, section 59G)
[29 December 1989]L.N. 420 of 1989

L.N. 305 of 1988 R. Ed. 1988, L.N. 4 of 1989

PART 1

INTRODUCTION

1. Citation

These rules may be cited as the Mental Health Review Tribunal Rules.

2. Interpretation

In these rules, unless the context otherwise requires-

'decision with recommendations' means a decision with recommendations in
accordance with section 59E(1)(b) of the Ordinance;

'guardianship' means guardianship under Part 111 of the Ordinance;

'party' means the applicant, the patient, the responsible authority, and any other
person to whom a notice under rule 7 is sent or who is added as a party by
direction of the tribunal;

'private guardian' in relation to a patient means a person, other than the Director of
Social Welfare, who acts as guardian under the Ordinance;

'proceedings' includes any proceedings of the tribunal following an application or
reference in relation to a patient;

'reference' means a reference under section 59C(1) or 59D(1), of the Ordinance;

'responsible authority' means

(a)in relation to a patient liable to be detained in a mental hospital, or
permitted to be absent under section 39 of the Ordinance, the medical
superintendent;

(b)in relation to a patient liable to be detained in the Correctional
Services Department Psychiatric Centre, the Commissioner of
Correctional Services;

(c)in relation to a patient subject to guardianship, the Director of Social
Welfare; and

(d)in relation to a patient discharged conditionally under section 42B of
the Ordinance





(i) where subsection (6) of that section applies the medical officer
referred to in paragraph (c) of that subsection; and

(ii) in any other case the medical superintendent;

'secretary' means the secretary to the tribunal appointed under section 59A(8)

of the Ordinance.

PART 11

PRELIMINARY MATTERS

3. Making an application

(1) An application shall be made to the tribunal in writing, signed by the

applicant or any person authorized by him to do so on his behalf.

(2) The application shall wherever possible include the following

information-

(a)the name of the patient and the number of any current identity card
issued to the patient under the Registration of Persons Ordinance
(Cap. 177);

(b) the patient's address, which shall include------

(i) the place where the patient is detained; or

(ii)the name and address of the patient's private guardian, and the
number of any current identity card issued to the guardian under
the Registration of Persons Ordinance (Cap. 177); or

(iii) in the case of a conditionally discharged patient or a patient to
whom leave of absence from hospital has been granted, the
place where the patient was last detained or is liable to be
detained, together with the patient's current address and the
address of any psychiatric out-patient clinic that he is required
to attend;

(c)where the application is made by the patient's relative, the name and
address of the applicant, the number of any current identity card
issued to the applicant under the Registration of Persons Ordinance
(Cap. 177), and the relationship of the applicant to the patient;

(d)the section of the Ordinance under which the patient is detained or is
liable to be detained;

(e)the name and address of any representative authorized in accordance
with rule 9 and the number of any current identity card issued to him
under the Registration of Persons Ordinance (Cap. 177) or, if none has
yet been authorized, whether the applicant intends to authorize a
representative or wishes to conduct his own case.





(3) If any of the information specified in subrule (2) is not included in the
application it shall, in so far as is practicable, be provided by the responsible
authority.

4. Notice of application

Within 14 days of the receipt of an applications, or such further time as the
tribunal may allow, the secretary shall send notice of the application to(L.N. 4 of
1989)

(a) the responsible authority; and

(b) the patient (where he is not the applicant).

5. Preliminary and incidental matters

As regards matters preliminary or incidental to an application, the chairman
may, at any time up to the hearing of an application by the tribunal, exercise the
powers of the tribunal under rules 4, 7, 9, 11, 12, 14, 18, 25 and 27. (L.N. 4 of 1989)

6. Statements by the responsible authority

(1) The responsible authority shall send to the tribunal as soon as practicable,
and in any case within 8 weeks of receipt by him of the notice of application, a
statement containing

(a)the information specified in Part A of the Schedule, in so far as it is
within the knowledge of the responsible authority; and

(b) the report specified in paragraph 1 of Part B of the Schedule; and

(e)the other reports specified in Part B of the Schedule, in so far as it is
reasonably practicable to provide them.

(2) Where the patient is a conditionally discharged patient, subrule (1) shall not
apply and the responsible authority shall send to the tribunal as soon as practicable,
and in any case within 8 weeks of receipt by him of the notice of application, a
statement containing

(a)the information specified in Part C of the Schedule, in so far as it is
within the knowledge of the responsible authority; and

(b)the reports specified in Part D of the Schedule, in so far as it is
reasonably practicable to provide them.

(3) Any part of the authority's statement which in the opinion of the
responsible authority should be withheld from the applicant or (where he is not the
applicant) the patient on the ground that its disclosure would adversely affect the
health or welfare of the patient or others, shall be made in a separate document in
which shall be set out the reasons for believing that its disclosure would have that
effect.

(4) The secretary shall send a copy of the authority's statement to the
a applicant and (where he is not the applicant) the patient, excluding any part of





the statement which is contained in a separate document in accordance with
subrule (3).

7. Notice to other persons interested

When the tribunal receives the authority's statement the secretary shall
give notice of the proceedings-
(a)where the patient is subject to the guardianship of a private
guardian, to the guardian;
(b)where the patient's financial affairs are under the control of the
High Court, to the Registrar of the Supreme Court; and
(c)to any other person who, in the opinion of the tribunal, should
have an opportunity of being heard.

8. Disqualification of tribunal members

A person shall not be qualified to serve as a member of the tribunal for the
purpose of any proceedings where he has a personal connection with the patient
or has treated the patient in a professional medical capacity within the
preceding 12 months.

PART III

GENERAL PROVISIONS

9. Representation, etc.

(1) Any party may be represented by any person whom he has authorized
for that purpose, not being-
(a)a person liable to be detained, or subject to guardianship, under
the Ordinance; or
(b)a person receiving treatment for mental disorder at the same
mental hospital as the patient; or
(c)in the case of a patient liable to be detained at the Correctional
Services Department Psychiatric Centre, a person liable to be
detained there.
(2) Any representative authorized in accordance with subrule (1) shall
notify the tribunal of his authorization and postal address.
(3) As regards the representation of any patient who does not desire to
conduct his own case and does not authorize a representative in accordance
with subrule (1) the tribunal may appoint some person to act for him as his
authorized representative.





(4) Without prejudice to rule 11(3), the secretary shall send to an
authorized representative copies of all notices and documents which are by
these rules required or authorized to be sent to the person whom he represents
and such representative may take all such steps and do all such things relating
to the proceedings as the person whom he represents is by these rules required
or authorized to take or do.
(5) Any document required or authorized by these rules to be sent or
given to any person shall, if sent or given to the authorized representative of
that person, be deemed to have been sent or given to that person.
(6) Unless the tribunal otherwise directs, a patient or any other party
appearing before the tribunal may be accompanied by such other person or
persons as he wishes, in addition to any representative he may have authorized.

10. Medical examination
At any time before the hearing of the application, the medical member or,
where the tribunal includes more than one, at least one of them shall examine
the patient and take such other steps as he considers necessary to form an
opinion of the patient's mental condition; and for this purpose the patient may
be seen in private and all his medical records may be examined by the medical
member, who may take such notes and copies of them as he may require, for
use in connection with the application.

11. Disclosure of documents
(1) Subject to subrule (2), the secretary shall, as soon as practicable, send
a copy of every document the tribunal receives which is relevant to the
application to the applicant, and (where he is not the applicant) the patient, the
responsible authority and any of those persons may submit comments thereon
in writing to the tribunal.
(2) As regards any documents which have been received by the tribunal
but which have not been copied to the applicant or the patient, including
documents withheld in accordance with rule 6, the tribunal shall consider
whether disclosure of such documents would adversely affect the health or
welfare of the patient or others and, if satisfied that it would, shall record in
writing its decision not to disclose such documents.
(3) Where the tribunal is minded not to disclose any document to which
subrule (1) applies to an applicant or a patient who has an authorized
representative, it shall nevertheless disclose it as soon as practicable to that
representative if he is-
(a) a barrister or solicitor;
(b) a registered medical practitioner; or
(c)in the opinion of the tribunal, a suitable person by virtue of his
experience or professional qualification:





Provided that no information disclosed in accordance with this subrule
shall be disclosed either directly or indirectly to the applicant or (where he is not
the applicant) to the patient or to any other person without the authority of the
tribunal or used otherwise than in connection with the application.

12. Directions

Subject to the provisions of these rules, the tribunal may give such
directions as it thinks fit to ensure the speedy and just determination of the
application.

13. Evidence

The tribunal may receive in evidence any document or information
notwithstanding that such document or information would be inadmissible in a
court of law.

14. Further information

(1) Before or during any hearing the tribunal may call for such further
information or reports as it may think desirable, and may give directions as to
the manner in which and the persons by whom such material is to be furnished.
(2) Rule 11 shall apply to any further information or reports obtained by
the tribunal.

15. Adjournment

(1) The tribunal may at any time adjourn a hearing for the purpose of
obtaining further information or for such other purposes as it may think
appropriate.
(2) Before adjourning any hearing, the tribunal may give such directions
as it thinks fit for ensuring the prompt consideration of the application at an
adjourned hearing.
(3) Where the applicant or the patient (where he is not the applicant) or
the responsible authority requests that a hearing adjourned in accordance with
this rule be resumed, the hearing shall be resumed provided that the tribunal is
satisfied that resumption would be in the interests of the patient.
(4) Before the tribunal resumes any hearing which has been adjourned
without a further hearing date being fixed the secretary shall give to all parties
not less than 14 days' notice (or such shorter notice as all parties may consent
to) of the date, time and place of the resumed hearing.





16. Transfer of proceedings

Where any proceedings in relation to a patient have not been disposed of by
the members of the tribunal appointed for the purpose, and the chairman is of the
opinion that it is not practicable or not possible without undue delay for the
consideration of those proceedings to be completed by those members, he shall
make arrangements for them to be heard by other members of the tribunal.

17. Two or more pending applications

(1) The tribunal may consider more than one application in respect of a patient
at the same time and may for this purpose adjourn the proceedings relating to any
application.

(2) Where the tribunal considers more than one application in respect of the
patient at the same time, each applicant (if more than one) shall have the same rights
under these rules as he would have if he were the only applicant.

18. Withdrawal of application

(1) An application may be withdrawn at any time at the request of the applicant
provided that the request is made in writing and the tribunal agrees.

(2) If a patient ceases to be liable to be detained or subject to guardianship in
Hong Kong, any application relating to that patient shall be deemed to be
withdrawn.

(3) Where an application is withdrawn, or deemed to be withdrawn, the tribunal
shall so inform the parties.

PART IV

THE HEARING

19. Notice of hearing

The secretary shall give at least 14 days' notice of the date, time and place fixed
for the hearing (or such shorter notice as all parties may consent to) to all the
parties.

20. Privacy of proceedings

(1) The tribunal shall sit in private unless the patient requests a hearing in
public and the tribunal is satisfied that a hearing in public would not be contrary to
the interests of the patient. (L.N. 4 of 1989)





(2) When the tribunal sits in private it may admit to the hearing such
persons on such terms and conditions as it considers appropriate.
(3) The tribunal may exclude from any hearing or part of a hearing any
person or class of persons, other than a representative of the applicant or of the
patient to whom documents would be disclosed in accordance with rule 11(3),
and in any case where the tribunal decides to exclude the applicant or the
patient or their representatives or a representative of the responsible authority,
it shall inform the person excluded of its reasons and record those reasons in
writing.
(4) Except in so far as the tribunal may direct, information about
proceedings before the tribunal and the names of any persons concerned in the
proceedings shall not be made public.

21. Hearing procedure
(1) The tribunal may conduct the hearing in such manner as it considers
most suitable bearing in mind the health and interests of the patient and it shall,
so far as appears to it appropriate, seek to avoid formality in its proceedings.
(2) At any time before the application is determined, the tribunal or any
one or more of its members may interview the patient, and shall interview him if
he so requests, and the interview may, and shall if the patient so requests, take
place in the absence of any other person.
(3) At the beginning of the hearing the chairman shall explain the manner
of proceeding which the tribunal proposes to adopt.
(4) Subject to rule 20(3), any party and, with the permission of the
tribunal, any other person, may appear at the hearing and take such part in the
proceedings as the tribunal thinks proper; and the tribunal shall in particular
hear and take evidence from the applicant, the patient (where he is not the
applicant) and the responsible authority who may all hear each other's
evidence, put questions to each other, call witnesses and put questions to any
witness or other person appearing before the tribunal.
(5) After all the evidence has been given, the applicant and (where he is
not the applicant) the patient shall be given a further opportunity to address the
tribunal.

PART V

DECISIONS, FURTHER CONSIDERATION AND
MISCELLANEOUS PROVISIONS

22. Decisions
(1) Any decision of the majority of the members of a tribunal shall be the
decision of the tribunal and, in the event of an equality of votes, the chairman
of the tribunal shall have a second or casting vote.





(2) The decision by which the tribunal determines an application shall be
recorded in writing; the record shall be signed by the chairman and shall give the
reasons for the decision and, in particular, where the tribunal relies upon any of the
matters set out in section 59E(2) or (5) of the Ordinance, shall state its reasons for
being satisfied as to those matters.

(3) Subrules (1) and (2) shall apply to decisions with recommendations as they
apply to decisions by which applications are determined.

23. Communication of decisions

(1) The decision by which the tribunal determines an application may, at the
discretion of the tribunal, be announced by the chairman immediately after the
hearing of the case and, subject to subrule (2), the written decision of the tribunal,
including the reasons, shall be communicated in writing within 7 days of the hearing
to all the parties.

(2) Where the tribunal considers that the full disclosure of the recorded reasons
for its decision to the patient in accordance with subrule (1) would adversely affect
the health or welfare of the patient or others, the tribunal may instead communicate
its decision to him in such manner as it thinks appropriate and may communicate its
decision to the other parties subject to any conditions it may think appropriate as to
the disclosure thereof to the patient:

Provided that, where the applicant or the patient was represented at the hearing
by a person to whom documents would be disclosed in accordance with rule 11(3),
the tribunal shall disclose the full recorded grounds of its decision to such a person,
subject to any conditions it may think appropriate as to disclosure thereof to the
patient.

(3) Subrules (1) and (2) shall apply to decisions with recommendations as they
apply to decisions by which applications are determined.

(4) Where the tribunal makes a decision with recommendations, the decision
shall specify the period at the expiration of which the tribunal will consider the case
further in the event of those recommendations not being complied with.

24. Further consideration

Where the tribunal has made a decision with recommendations and, at the end
of the period referred to in rule 23(4), it appears to the tribunal after making
appropriate inquiries of the responsible authority that any such recommendation has
not been complied with, the tribunal may reconvene the proceedings after giving to
all parties not less than 14 days' notice (or such shorter notice as all parties may
consent to) of the date, time and place fixed for the hearing.





25. Time

The time appointed by these rules for the doing of any act may, in the particular
circumstances of the case, be extended or, with the exception of the periods of
notice specified in rules 15(4), 19 and 24, abridged by the tribunal on such terms (if
any) as it may think fit.

26. Service of notices etc.

Any document required or authorized by these rules to be sent or given to any
person may be sent by prepaid post or delivered

(a)in the case of a document directed to the tribunal or the chairman, to
the secretary;

(b)in any other case, to the last known address of the person to whom
the document is directed.

27. Irregularities

Any irregularity resulting from failure to comply with these rules before the
tribunal has determined an application shall not of itself render the proceedings void,
but the tribunal may, and shall if it considers that any person may have been
prejudiced, take such steps as it thinks fit before determining the application to cure
the irregularity, whether by the amendment of any document, the giving of any
notice or otherwise.

28. Application requiring the leave of the tribunal

(1) Subject to this rule, where the leave of the tribunal to make an application is
required by section 59B(5) of the Ordinance, these rules shall apply to a request for
leave as if that request were an application.

(2) Subrule (1)(b) and (c) and subrule (2)(b) and (c) of rule 6 and rule 19 shall
not apply to the request for leave and proceedings on such a request unless the
chairman otherwise directs.

(3) Where an application is made which requires such leave, the chairman may
direct that the application be treated as a request for leave and if he does so direct it
shall be deemed to be such a request.

(4) Without derogation from the power of the tribunal to grant or refuse such
leave, such leave may be granted or refused by the chairman who, in the exercise of
his functions under this subrule, shall have all the powers conferred on the tribunal
by these rules.

(5) Notwithstanding anything to the contrary in these rules a request for such
leave may be considered by the chairman or, as the case may be, tribunal, summarily
and without the presence of the person requesting leave or his representative or of
the patient (where he is not the person requesting leave).





PART VI

REFERENCES

29. References

The tribunal shall consider a reference as if there had been an application by
the patient and the provisions of these rules shall apply with the following
modifications

(a) rules 3, 4 and 18 shall not apply;

(b)the secretary shall, on receipt of the reference, send notice thereof to
the patient and the responsible authority:

Provided that where the reference has been made by the
responsible authority, instead of the notice of reference there shall be
sent to the responsible authority a request for the authority's
statement;

(e)rules 5, 6 and 7 shall apply as if rule 6(1) referred to the notice of
reference, or the request for the authority's statement, as the case
may be, instead of the notice of application;

(d)a reference made by the Governor may be withdrawn by him at any
time before it is considered by the tribunal and, where a reference is
so withdrawn, the secretary shall inform the patient and the other
parties that the reference has been withdrawn.

SCHEDULE [rule 61

STATEMENTS BY THE RESPONSIBLE
AUTHORITY

PART A

Information relating to patients (other
than
conditionally discharged patients)

1 The full name of the patient and the number of any current identity card issued to the patient
under the Registration of Persons Ordinance (Cap. 177).

2. The age of the patient.

3. The date of admission of the patient to the place in which the patient is currently detained or
liable to be detained, or of the reception of the patient into guardianship.

4. Details of the original authority for the detention or guardianship of the patient, including the
Ordinance and the section of that Ordinance by reference to which detention was authorized and
details of any subsequent renewal of or change in the authority for detention.

5. The form of mental disorder from which the patient is recorded as suffering in the authority
for detention.





6. The name of the attending medical officer and the period which the patient has spent under
the care of that officer.

7. Where another registered medical practitioner is or has recently been largely concemed in the
treatment of the patient, the name of that practitioner and the period which the patient has
spent under his care.

8. The dates of all previous tribunal hearings in relation to the patient, the decisions reached at
such hearings and the reasons given.

9. Details of any proceedings in the High Court in which the ability of the patient to manage his
affairs was in issue and of any receivership order, or any order for the appointment of a
committee, made in respect of the patient.

10. The name and address of any relative or other person who takes a close interest in the
patient.

11. Details of any leave of absence granted to the patient during the previous 2 years, including
the duration of such leave and particulars of the arrangements made for the patient's residence
while on leave.

PART B

Reports relating to patients (other than
conditionally discharged patients)

1. An up-to-date medical report, prepared for the tribunal, including the relevant medical history
and a full report on the patient's mental condition.

2. An up-to-date social report prepared for the tribunal.

3. The views of the responsible authority on the suitability of the patient for discharge.

4. Any other information or observations on the application which the authority wishes to make.

PART C

Information relating to conditionally
discharged patients

1. The full name of the patient and the number of any current identity card issued to the patient
under the Registration of Persons Ordinance (Cap. 177).

2. The age of the patient.

3. The history of the patient's present liability to detention including details of offence(s), and
the dates of the original order or direction and of the conditional discharge.

4. The form of mental disorder from which the patient is recorded as suffering in the authority
for detention.

5. The name and address of any medical practitioner responsible for the care and supervision of
the patient in the community and the period which the patient has spent under the care of that
practitioner.

6. The name and address of any public officer in the Social Welfare Department responsible for
the care and supervision of the patient in the community and the period which the patient has
spent under the care of that officer.

7. The name and address of any psychiatric out-patient clinic which the patient is required to
attend.





PART D

Reports relating to conditionally
discharged patients

1. Where there is a medical practitioner responsible for the care and supervision of the patient in
the community, an up-to-date medical report prepared for the tribunal including the relevant
medical history, a report on the patient's attendance at any psychiatric out-patient clinic that he is
required to attend and a full report on the patient's mental condition.
2. Where there is a public officer in the Social Welfare Department responsible for the patient's
care and supervision in the community, an up-to-date report prepared for the tribunal on the
patient's progress in the community since discharge from hospital and a report on the patient's
home circumstances.
3. Any observations on the application which the Commissioner of Police wishes to make. (L.N. 4
of 1989)

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/2659

Edition

1964

Volume

v11

Subsequent Cap No.

136

Number of Pages

15
]]>
Tue, 23 Aug 2011 18:09:46 +0800
<![CDATA[DECLARATION OF MENTAL HOSPITAL (CONSOLIDATION) ORDER]]> https://oelawhk.lib.hku.hk/items/show/2658

Title

DECLARATION OF MENTAL HOSPITAL (CONSOLIDATION) ORDER

Description






DECLARATION OF MENTAL HOSPITAL
(CONSOLIDATION) ORDER

(Cap. 136, section 3)

[26 January 1962.1

1. This order may be cited as the Declaration of Mental
Hospital (Consolidation) Order.

2. The places specified in the Schedule are declared to be
mental hospitals for the detention, custody. treatment and care of
mentally disordered persons.

SCHEDULE [para. 2.]

1. Castle Peak Hospital.
2. Kwai Chung Psychiatric Observation Unit
All that part of the Kwai Chung Hospital. Lai King Hill Road. Kwai Chung
known as the Kwai Chung Psychiatric Observation Unit. being all the second
and sixth floors. excluding the stairways and lift wells. of the Blocks known as L,
M. G, and H Blocks.
All that part of the Kwai Chung Hospital, Lai King Hill Road. Kwai Chung
known as the Kwai Chung Psychiatric Observation Unit. being all the seventh
floor. excluding the stairways and lift wells. of the Blocks known as G and H
Blocks. and all the tenth floor, excluding the stairways and lift wells. of the
Blocks known as L and M Blocks.
G.N.A. 9/62. L.N. 210/81. L.N. 305/83. Citation. Declaration of mental hospitals. Schedule. G.N.A. 9/62. L.N. 210/81. L.N. 305/83.

Abstract

G.N.A. 9/62. L.N. 210/81. L.N. 305/83. Citation. Declaration of mental hospitals. Schedule. G.N.A. 9/62. L.N. 210/81. L.N. 305/83.

Identifier

https://oelawhk.lib.hku.hk/items/show/2658

Edition

1964

Volume

v11

Subsequent Cap No.

136

Number of Pages

1
]]>
Tue, 23 Aug 2011 18:09:45 +0800
<![CDATA[MENTAL HEALTH REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2657

Title

MENTAL HEALTH REGULATIONS

Description






MENTAL HEALTH REGULATIONS

(Cap. 136, section 72)

[19 January 19621


L 1
G.N.A. 3 of 1962 35 of 1969, L.N. 133 of 1969, R. Ed. 1972, L.N. 76 of 1989, L.N, 416 of
1989

1. Citation

These regulations may be cited as the Mental Health Regulations.

2. Forms

The forms set forth in the Schedule are prescribed for the purposes of the
Ordinance.

3. Responsibility of medical superintendent

The medical superintendent of a mental hospital shall be responsible for the
care and treatment of all patients in the mental hospital and for the maintenance of
discipline and good order in the hospital.

4. Visitors and telephone calls

A medical superintendent may refuse to permit any person other than a mental
hospital visitor to visit a patient or to permit a patient to make or to receive any
telephone call at a mental hospital.

5. Censorship of letters, etc.

A medical superintendent may open and examine any letter, postal packet,
parcel or other matter which is delivered to or left at a mental hospital addressed to a
patient and may refuse to permit any such letter, postal packet, parcel or other matter
to be delivered to a patient and may return to the sender, if known, any such letter,
postal packet, parcel or other matter and may delete in any letter any part thereof.

(2) A medical superintendent may open and examine any letter which has been
written by a patient and may refuse to permit any such letter to leave the mental
hospital and may delete from any letter any part thereof.

Provided that this subregulation shall not apply to any letter from a patient
addressed to the Director of Hospital Services, to the Tribunal, to the Secretary of
the Tribunal or to the Registrar of the Supreme Court. (L.N. 76 of 1989)





6. Execution of documents
No patient may execute any document without the prior permission of the
medical superintendent who may withhold such permission if he considers such
action necessary or desirable.

7. Employment of patients
A patient may be employed on such work in a mental hospital as the
medical superintendent may consider necessary or desirable.

8. Possession of articles without lawful authority
No patient shall have in his possession, without the authority of the
medical superintendent, any article and any such article found in his possession
may be confiscated by the medical superintendent.

9. Restriction on receipt by patient of certain things
(1) The medical superintendent, in his absolute discretion, may order that
a patient shall not receive, other than in accordance with his authority, any
money, clothing, food, drink, medicine, drug, tobacco, letter, postal packet,
paper, book, tool or other article or thing or any one of such articles or things,
or that any specific article or thing of such type shall not be given to or
conveyed to a patient.
(2) Any person who, knowingly, sends to, brings to, conveys or throws
into or deposits in a mental hospital or conveys to any patient or deposits with
a view to its coming into the possession of any patient, any such article or thing
as is described in subregulation (1) in contravention of an order made under
that subregulation shall be guilty of an offence and on summary conviction
shall be liable to a fine of $1,000.
(3) Any article or thing brought, conveyed, thrown or deposited in
contravention of an order made under subregulation (1) may be confiscated by
the medical superintendent, whether or not any person has been convicted of an
offence in connection with the contravention.
(4) If the medical superintendent has reason to suspect that any visitor to
a mental hospital has in his possession any article or thing with intent to act in
contravention of the provisions of subregulation (1), he may require such visitor
to permit himself to be searched:
Provided that nothing in this subregulation shall authorize the searching of
a female other than by a female.

10. Prohibition of entry into a mental hospital
Any person who enters a mental hospital without lawful authority or
excuse shall be guilty of an offence and on summary conviction shall be liable to
a fine of 5500.





SCHEDULE [reg- 2]

FROM 1

MENTAL HEALTH ORDINANCE

(Chapter 136)

(Section 35A(1))

Application under section 3 1 (1) for removal of a patient to a mental hospital
for the purpose of detention and observation

1, [name and address of applicant]
..........................................................................................

.....................have reason to believe that [name of patient, and, if known, identity card number and

address]
..................................................................................................................
...........................

.... . ..... . ................. . ... .. ........ . . . .. .. .
.........................................

.........(a) in suffering from from 1 mental disorder of of a nature c or de degree

h i which warrants an *his/ her de detention ion

in a mental hospital for *observation/observation followed by medical treatment for at
least a limited period;
AND
(b) ought to be so detained (See Note I)-

(i) in the interests of *his/her own health or safety; and (ii) with a
view to the protection of other persons.

The reasons for my belief are-

1 am *the [state relationship] ......................
of

the patient/a registered medical practitioner/a public officer in the Social Welfare Department.

1 have informed a relative of the patient, namely *his/her [state relationship and name and

address of relative]
...................................................................................................................
..........

............................

.............. 1 ...........of this application (See Note 2).

OR

1 have been unable to locate any relative of the patient in Hong Kong and it is impracticable to delay the making
of an order until a relative can be found (See Note 2).

1 apply for an order in accordance with the provisions of section 31 1B of the Mental Health Ordinance
authorizing the removal of the patient to a mental hospital for the purpose of detention and observation.

This application is founded on the attached written opinion of a registered medical practitioner in the prescribed
form.







1 last saw the patient on [date]
..................................................................................

(See Note 3).

Signed ..........
Date .............

Delete as appropriate.

Notes: 1. Delete (i) or (ii) unless both apply.

2. Delete this paragraph if applicant is a relative.

3. The applicant must have seen the patient within the previous 14 days.




1989




1989





FORM 2 2

MENTAL HEALTH ORDINANCE
(Chapter 136)

(Section 3 1 (1A)

Certificate of a medical practitioner in support of application for removal of a
patient
to a mental hospital for the purpose of detention and observation

I, [name and address of medical practitioner]
.............................................................................

............................................ a registered medical practitioner, am of the opinion that [name of patient,

and, if known, identity card number and address] .............................................................................

............................................ should be
removed to ..................................Hospital for

the purpose of detention and observation in pursuance of an order made under section 31 (1B) of
the

Mental Health Ordinance, I last examined this patient on [date] (See Note 1).
1 am of the opinion that this patient-

(a)is suffering from mental disorder of a nature or degree which warrants *his/her detention
in a mental hospital for *observation/observation followed by treatment for at least a
limited period;

AND

(b) ought to be so detained (See Note 2)-

(i) in the interests of *his/her own health or safety;
and (ii) with a view to the protection of other
persons.

The grounds for the opinion I express in paragraph (a) above are as follows

The reasons for the opinion I express in paragraph (b) above are as follows-

The patient *has/has not requested to see the District Judge or
Magistrate.
Signed
.......................................................
........... Registered Medical
Practitioner

Date ..........................................................

Delete as appropriate.

Notes: 1. The medical practitioner who gives do certificate must have ex~ the patient within the ~us 7 days.

2. Delete (i) or (ii) unless both apply.






1989




FROM 3

MENTAL HEALTH ORDINANCE
(Chapter 136)

(Section 31(1 B))

Order by a District Judge or magistrate authorizing the removal of a patient to
a
mental hospital for the purpose of detention and observation

I, [name and address]
..................................................................................................................

..................................................................................................................................
...............
. a

District Judge/magistrate having received an application made under section 31(1) of the Mental

Health Ordinance from [name and address of applicant] 1

...........................................1 1 dated

.......... and a medical certificate in support from [name and address of
registered

medical practitioner]
..........................................................................................................................

....

..... dated

in pursuance of section 3 1 1B of the Mental Health
6r~in'a'n'c' e** h**e'r'e'b'y ... a'u''t'h' *o* *r*iz'e ... t'h'e ...
r'e'**m**o*'v'a'i'o'f'['n'ame of patient, and, if known, identity card number

and address] .......................................... ..........

to ........Hospital for the purpose of detention and observation

for a period of not exceeding 7 days from and including the date of this order.

Signed
..................................................................

*District Judge/Magistrate

Date
.....................................................................

Delete as appropriate.




1989




FoRm 4

MENTAL HEALTH ORDINANCE
(Chapter 136)

(Section 32(1))

Certificate of medical practitioners for
extension
of period of detention for observation

To: The Medical Superintendent,

................................
Hospital.

We, [names and addresses of 2 medical practitioners]
.................................................................

....................

registered medical practitioners, *one/both of whom *has/have been approved for the purpose of
section 2(2) of the Mental Health Ordinance by the Director of Hospital Services (See Note 1),
hereby certify that-

(a)we have examined *separately/together [name of patient, and, if known, identity card
number and address]
...........................................................................................................

who is detained in Hospital by virtue of an order made

on ..........19 .in accordance with the provisions of section 3 1

of the Mental Health Ordinance;

(b) we are of the opinion that it is necessary that this patient be detained for a further period
of

.........................days for the purpose of observation, investigation and
treatment

(See. Note 2).

The reasons for my opinion are

Signed
..................................................................

Registered Medical
Practitioner

Date
.....................................................................





The reasons for my opinion are-

Signed ..................................................................

Registered Medical Practitioner

Date .....................................................................

Countersigned in accordance with the provisions of section 32(2) of the Mental Health
Ordinance.

Signed .........................

District Judge

Date .....................................................................

Delete as appropruite.
Notes: 1 At least one of the registered medical practitioners who signs this certificate must be approved for the purpose of ~or)
2(2) of the Ordinance by the Director of Hospital Services.

2.Only one extension of not more than 21 days from the expiry of the order under section 3 1(1B) of the Mental Health
Ordinance is permitted.




1989



1989




FORM 5

MENTAL HEALTH ORDINANCE

(Chapter 136)

(Section 35A(1))

Application for admission into guardianship
under section 33(1)

To: The Director of Social Welfare.

PART I

I, [name and address of applicant]
..............................................................................................

j ........................................1 have reason to believe that-

a [name of patient, and, if known, identity card number and address] ...................................

.............. .......... .... ...

is suffering from mental disorder of a nature or degree which warrants *his/her reception
into guardianship under section 33(1) of the Mental Health Ordinance;
AND
(b) it is necessary that the patient should be so received (See Note I)-
(i) in the interests of the welfare of the patient; and
(ii) for the protection of other persons.

The reasons for my belief are

*The patient is aged ...........................

OR

[if the patient's age is not known] *I believe that the patient has attained the age of 18 years.

.I am *the [state relationship] of the patient/a registered medical

practitioner/a public officer in the Social Welfare Department.

I have consulted a relative of the patient, namely *his/her [state relationship and name and

address of relative]
.............................................................................................................................

............................................

about this application (See Note 2).

OR

I have been unable to locate any relative of the patient in Hong Kong (See Note 2).





1 apply for the patient to be received into the guardianship of [proposed guardian's name]
......

............................................

~~j~w 'H- e'a'lt'h' ... 0 ... rd- i'n'a'n' c- e*'('* S**e* e** N- 'o'*t* e**s* 3, ... &'*4'*)'* ... in
accordance with the provisions of section 33 of the

This application is founded on the attached written opinions in the prescribed form of 2
registered medical practitioners.

1 last saw the patient on [date] ...................................................................................................
. (See Note 5).

Signed ..................................................................

Date .....................................................................

PART II (See Note 6)

1, [proposed guardian's name, address and identity card number] ..............................................

............................................
............................................ . m Willing to act as the guardian of [name of patient]

~~o'* n- 3**3''o'f' *t'h'e' ...M ...e'd'i c'a'l' 'H' e'a'l't'h'
0'r'd'in'a'n'c'*e .............................. in accordance with

Signed ..................................................................

Date .....................................................................

Delete as appropriate.

Notes: 1 Delete (i) or (ii) unless both apply.

2. Delete this paragraph if applicant is a relative.

3.A guardianship application should he forwarded to the Director of Social Welfare within 14 days of the patients last
examination by a registered me~ practitioner for the purposes of the application.

4.The person named as guardian in a guardianship application may be the Director of Social Welfare or any other person
(including the applicant).

5. The applicant must have seen the patient within the previous 14 days.

6. Part II to be completed only if proposed guardian is not the ~or of Social Welfare.



1989


1989




FoRm 6

MENTAL HEALTH ORDINANCE

(Chapter 136)

(Section 33(3))

Certificate of medical practitioners in
support
of application for guardianship

We, [names and addresses of two medical practitioners]
.............................................................

............................................
............................................
.............................................

registered medical practitioners, *one/both of whom *has/have been approved for the purpose of
section 2(2) of the Mental Health Ordinance by the Director of Hospital Services (See Note 1), are
of the opinion that [name of patient, and, if known, identity card number and address]
....................

............................................
............................................

.......................................................................
should be received into guardianship in pursuance of

an application made under section 33(1) of the Mental Health Ordinance.

I, [name of first practitioner]
.......................................................................................................

.................. last examined the patient

on ...................................................................................

In my opinion this patient is suffering from mental disorder of a nature or degree which
warrants reception into guardianship under the Mental Health Ordinance. This opinion is
founded on the following

[Give clinical description of the patient's mental condition]

I am of the opinion that it is necessary (See Note 2)-

(a) in the interests of the welfare of the patient; and

(b) for the protection of other persons, that the patient should be so received for the
following reasons

[Reasons should state why the patient cannot appropriately be cared for without powers of

guardianship]





Signed
..........................................................
........

Registered Medical Practitioner

Date
..........................................................
...........

1, [name of second practitioner]
..................................................................................................

.................................11 . last examined the
patient

on
....................................................................
...............

In my opinion this patient is suffering from mental disorder of a nature or degree which
warrants reception into guardianship under the Mental Health Ordinance. This opinion is founded
on the following

[Give clinical description of the patient's mental
condition]

1 am of the opinion that it is necessary (See Note 2)(a) in the
interests of the welfare of the patient; and (b) for the
protection of other persons, that the patient should be so
received for the following reasons

[Reasons should state why the patient cannot appropriately be cared for without powers of
guardianship]

Signed
..........................................................
........

Registered Medical Practitioner

Date .....................................................................

Delete as appropriate.

2(2) of the Mental Health Ordinance by the Director of Hospital Services.

2. Delete (a) or (b) unless both apply.



1989


1989




FORM 7

MENTAL HEALTH ORDINANCE
(Chapter 136)

(Section 36)

Certificate of medical practitioners as to mental
disorder

To: *The Medical Superintendent,

.............E.................................................
Hospital. (See Note 1)

The 0 Commissioner of Correctional Services (See
Note 1)

We, [names and addresses of two medical practitioners]
.............................................................

........................................
........................................

.................. 1 .. registered medical practitioners, *one/both

of whom *has/have been approved for the purpose of section 2(2) of the Mental Health Ordinance
by the Director of Hospital Services (See Note 2), have *separately/together examined [name of

patient, and, if known, identity card number] ................ ................
.........................who is-

*(a) a patient liable to be detained in a mental hospital or in the Correctional Services
Department Psychiatric Centre; or

*(b)a voluntary patient in a mental hospital who on [date on which notice was give under
section 30(2)(a) of the Mental Health Ordinance]
............................................................... gave due notice of his intention to leave the
hospital.

In pursuance of section 36(1) of the Mental Health Ordinance we hereby certify as follows

1, [name of first practitioner]
...................................................................................................... last examined the patient on
..................................................................

In my opinion this patient is suffering from mental disorder of a nature or degree which
makes it appropriate for *him/her to receive medical treatment in hospital.

This opinion is founded on the following

[Give clinical description of the patient's mental condition]

*I am of the opinion that (See Note 3)

(a) the patient is abnormally aggressive; and

(b) the patient's conduct is seriously irresponsible (See Note 4).





*I am of the opinion that it is necessary (See Note 3)(a) for the health or safety of the patient;
and (b) for the protection of other persons, that the patient should receive such treatment and it
cannot be provided unless *helshe is detained under section 36 of the Mental Health Ordinance
for the following reasons

[Reasons should state why patient cannot appropriately be treated without being detained in
hospital]

Signed ..................................................................

Registered Medical Practitioner

Date
.....................................................................

1, [name of second practitioner]
..................................................................................................

last examined the patient on ........................................................................................

In my opinion this patient is suffering from mental disorder of a nature or degree which
makes it appropriate for *him/her to receive medical treatment in hospital.

This opinion is founded on the following

[Give clinical description of the patient's mental
condition]

*I am of the opinion that (See Note 3) the patient is
abnormally aggressive; and (b) the patient's conduct is seriously
irresponsible (See Note 4).

I am of the opinion that it is necessary (See Note
3)(a) for the health or safety of the patient; and (b)
for the protection of other persons,





that the patient should receive such treatment and it cannot be provided unless he is detained
under section 36 of the Mental Health Ordinance for the following reasons

[Reasons should state why patient cannot appropriately be treated without being detained in
hospital]

Signed ..................................................................

Registered Medical
Practitioner

Date .....................................................................

Countersigned in accordance with the provisions of section 36(2) of the Mental Health
Ordinance.

Signed ..................................................................

District Judge

Date .....................................................................

Delete as appropriate.

(2) of the Mental Health Ordinance shall not be commenced more than 30 days before the date he or she would, in the
absence of such procedures, be released from detention.

2.At least one of the registered medical practitioners who signs this certificate must be approved for the purpose of section
2(2) of the Mental Health Ordinance by the Director of Hospital Services

3. Delete (a) or (b) unless both apply.

4.A patient who is neither suffering from mental illness nor psychopathic disorder may not be certified under section 36 of
the Mental Health Ordinance unless he or she is abnormally aggressive or his or her conduct is seriously irresponsible.




1989



1989




1989




FORM 8

MENTAL HEALTH ORDINANCE
(Chapter 136)

(Section 39(3))

Notice of revocation of permission to be absent on
trial

To: [name of patient, and, if known, identity card number and address] ...........................................

..........................................
In pursuance of section 39(3) of the Mental Health Ordinance 1 . 1

Medical Superintendent of
...................................................................................................

Hospital, give you notice that permission for you to be absent on trial from [date]
............................

is hereby revoked and you are required to return to Hospital forthwith
(See Note 1).

I am of the opinion that your recall is necessary (See Note 2)-

(a) in the interests of your own health or safety; and
(b) for the protection of other persons.
Please note that if you do not return to ..Hospital forthwith,

then (See Note 3) [for a period of 28 days from the date of the service of this notice] you may he

taken into custody and returned to ........Hospital by any officer or servant of
the Hospital or any person authorized by me.

Signed ..............

.............

Medical Superintendent

Date .....................................................................

liable
to be detained under the Ordinance.

2. Delete (a) or (b) unless both apply.

3.Delete words in square brackets if the patient is liable to detention under a hospital order other than one endorsed under section
45(1A) of the Mental Health Ordinance.




1989




FORM 9 9

MENTAL HEALTH ORDINANCE

(Chapter 136)

(Section 39(4))

Certificate that a patient who is absent
on trial need not be further detained

I . .........1 ........................1 .
Medical

Superintendent of the
........................................................................................................................ Hospital,
certify
in accordance with the provisions of section 39(4) of the Mental Health Ordinance

that it is not necessary that [name of patient, and, if known, identity card number]
...........................

.............................

............... ... .... ***

was detained in that hospital as a *certified patient/patient under observation and who is now
absent on trial from that hospital, be detained under the Mental Health Ordinance.
Signed
..............................................
.................... Medical
Superintendent

Date
.....................................................................

Delete as appropriate.





1989




FORM 10 10

MENTAL HEALTH ORDINANCE
(Chapter 136)

(Section 42)

Application for discharge of a patient before
recovery

To: The Medical Superintendent .
.....................................................................................................

..................1
Hospital.

1, [name and address of *relative/friend]
....................................................................................

............................................
............................................

make application in accordance with the provisions of section 42(1) of the Mental Health
Ordinance
for the discharge of [name of patient, and, if known, identity card number]
......................................

......... .......from the above-named Mental Hospital.

My relationship or connection with the said patient is that of a ......................................

1 request that the said patient may be delivered over to me.

1 undertake that the said patient will receive proper care and will be prevented from doing
injury to *himself/herself or to*I am the person upon whose application the said patient was admitted to a mental hospital.
OR

*1 have given notice of this application to
.................................................................................. the person upon whose application the said
patient was admitted to a mental hospital.

Signed ..................................................................

Date
.....................................................................

Delete as Appropriate.

Note: The patient must be discharged within 48 hours unless the Medical Superintendent completes Form 11,




1989




FORM 11

MENTAL HEALTH ORDINANCE
(Chapter 136)

(Section 42)

Certificate of refusal to discharge a patient

.I . ............... Medical Superintendent of
............................................

Hospital, in pursuance of section 42(1) of the Mental Health Ordinance certify that I refuse to
discharge [name of patient, and, if known, identity card number]
......................................................

...... . . ........... . .......... . . .... .... .....
.....................1

a pa tie patient t/certified p a patient patient under observation on the
grounds*I am satisfied that the said patient is dangerous or otherwise unfit to be at
large. OR

*I am not satisfied that the said patient will receive proper
care.

Signed ..................................................................

Medical Superintendent

Date
.....................................................................

Delete m appropriate.


1989




FORM 12

MENTAL HEALTH ORDINANCE
(Chapter 136)

(Section 42B(3))

Notice of recall of a conditionally discharged patient

To: [name of patient, and, if known, identity card number and address]




In pursuance of section 42B(3) of the Mental Health Ordinance 1 .
.............................................

.................................. *Medical Superintendent of

Hospital/medical officer authorized by the Director of Hospital Services, *recall/call you to
............

............................................
Hospital *forthwith/within ..................days of the date of service of this notice (See Note 1).

(a) It appears to me that you have failed to comply with the following conditions to which

your discharge on [date]
was subject-

[list breaches of condition]

AND

(b) I am of the opinion that your *recall/call to a mental hospital is necessary (See Note
2)(i) in the interests of your own health or safety; and (ii) for the protection of other
persons.

Please note that if you do not attend at
......................................................................................

...........................................Hospital as required by this notice,

then (See Note 3) [for a period of 28 days from the date of service of this notice] you may be
detained
and taken into custody and removed to
.............................................................................................

.......1 Hospital by any officer or servant of the Hospital or any person authorized by
me-

Signed ..................................................................
Medical Superintendent/Medical Officer

Date .....................................................................

Delete as appropriate.

admission
to a mental hospital be deemed to haw been detained under section 31 of the Mental Health Ordinance.

2. Delete (i) or (ii) unless both apply.

3.Delete words in square brackets if the patient prior to conditional discharge was detained under a hospital order other than one






endorsed under section 45(1A) of the Mental Health Ordinance.




1989

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/2657

Edition

1964

Volume

v11

Subsequent Cap No.

136

Number of Pages

37
]]>
Tue, 23 Aug 2011 18:09:44 +0800
<![CDATA[MENTAL HEALTH ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/2656

Title

MENTAL HEALTH ORDINANCE

Description






LAWS OF HONG KONG

MENTAL HEALTH ORDINANCE

CHAPTER 136





CHAPTER 136

MENTAL HEALTH ORDINANCE

ARRANGEMENT OF SECTIONS

Section page

PART 1

PRELIMINARY

1. Short title .......................................... 5
2. Interpretation .......................5
3. Declaration of mental hospitals ...... 7

4. Appointment of medical superintendents and assistant medical super-

intendents ..............................8
5. Appointment and duties of visitors ... 8
6. Delegation .................................................... 8

PART 11

PROCEEDINGS IN INQUIRIES INTO MENTAL
DISORDERS

7. Court may order inquiry .............. 8

8. Provision as to notice of inquiry..... 9

9. Power to examine person alleged to be mentally disordered 9
10. Questions to be decided by Court ....9
11. Appointment of committees ...........10
12- Powers of management of estate of mentally disordered person 10
13. Powers of Registrar .................10
14. What relatives may attend proceedings 11
is. Orders may be made on petition ......11
16. Dealing with mentally disordered person's property for certain purposes 11
17. Committee to execute instruments ....11
18. Performance of contract .............12
19. Partner found to he mentally disordered 12
20. Disposal of business premises .......12

21. Committee may dispose of lease ....................... 12
22. Transfer of stock of mentally disordered person 12

23. Transfer of property of mentally disordered person residing out of Hong

Kong ....................................13
24. Power to order maintenance without appointing committee 13

25. Temporary provision for maintenance of mentally disordered person 13





Section..................................... Page
26. Order for detention of mentally disordered person 14
27. Annulling proceedings ................14
28. Discharge of person found on inquiry not to be of unsound mind 14

PART III

RECEPTION, DETENTION AND TREATMENT
OF MENTALLY
DISORDERED PERSONS

29. (Repealed) ...........................15
30. Voluntary patients ...................15
31. Detention of a patient under observation 16
32. Extension of period of detention of a patient under observation 17
33. Application for guardianship .........17
34. Effect of guardianship application, etc . 18
35. Transfer of guardianship in case of death, incapacity, etc. of guardian 19
35A.....................General provisions as to applications 20
36. Detention of certified patients ......20
37. (Repealed) ...........................22
38. Temporary transfer of patients .......22
39. Absence on trial .....................22

40-41. (Repealed) ........................23

42. Discharge of patient before recovery ...............................
23

42A..............................Discharge of patient 23
42B.........Conditional discharge of patients with propensity to violence 24
43. Detention and recapture ..............25
44. Removal of patient from Hong Kong ....27

PARTIV

ADMISSION OF PATIENTS CONCERNED IN CRIMINAL
PROCEEDINGS
AND TRANSFER OF PATIENTS UNDER SENTENCE

45..............Powers of court or magistrate to make a hospital order 27
46........................Requirement as to medical evidence 29
47.............................Effect of hospital order 29
48..........................Appeal against hospital order 30
49..........................Hospital Order Appeal Tribunal 31





Section................................... Page
50. Period of detention under this Part ..31
51. Remand ...............................31
52. Removal to a mental hospital of a person serving a sentence of imprisonment 33
52A.......................................Removal to a Correctional Services Department Psychiatric Centre of persons

detained in a mental hospital
..................................... 34

52B. Removal to a mental hospital of persons detained in the Correctional Services

Department Psychiatric Centre ..........................................
35

53.......................................Removal to a mental hospital of other prisoners 35
54.......................................Further provisions as to persons committed for trial or sentence or on remand 36
54A......................................Hospital order in respect of persons awaiting trial or sentence 37
55.......................................Removal of prisoners for observation 37
56.......................................Medical reports on persons on remand 38

57. Persons ordered to be admitted to a mental hospital under Criminal

Procedure Ordinance ................39

58. Temporary transfer for specialist medical treatment of patients concemed in

criminal proceedings
.............................................. 39

59.......................................Removal to prison of persons subject to a hospital order 39

PART IVA

MENTAL HEALTH REVIEW TRIBUNAL

59A......................Mental Health Review Tribunal 39

59B......................................Applications to the tribunal 40

59C......................References to tribunals by Governor
.............................................. 41

59D.....................................Duty to refer cases to tribunal 41

59E...........Powers of the tribunal
................................................................................... 42

59F......................................General provisions concerning tribunal application 43
59G......................................Procedure of the tribunal 43

59H......................The tribunal: supplementary provisions
.............................................. 45

PART V

GENERAL PROVISIONS

60.......................................Saving of powers 45

61.......................Amendment of orders
.............................................. 45

62.......................................Application of property of a mentally disordered person found wandering 46





Section.................................... Page
63. Enforcement of cost of maintenance ....46
64. Saving ................................46
65. Offences against patients .............46
65A........................................Sexual intercourse with a woman under guardianship 47
66. Construction of laws ..................47
67. Medical orders or certificates ........47
68. Copy of reception order to be sent to the person in charge of the mental
hospital ............................................................................................................... 48
68A.......................................Duty to give information to detained patients 48
69........................................Protection of persons carrying out the provisions of this Ordinance 48
70........................................Penalty for improper reception or detention 49
71........................................Powers of a District Judge and a magistrate 49
71A.......................................Warrant to search for and remove patients 49
71B.......................................Mentally disordered persons found in heed of cam or control so
72. Power to..........................make regulations
............................................................................... 51





CHAPTER 136

MENTAL HEALTH

To amend and consolidate the law relating to mental disorder and its treatment and
to make provision for the reception, detention and treatment of persons of
unsound mind.

[19January19621 G.N.A.2of1962

Originally 35 of 1960 45 of 1961, 40 of 1962, 3 of 1968, 42 of 1968, 35 of 1969, 50 of 1969,
L.N. 176 of 1970, L.N. 72 of 1971, 55 of 1971, 12 of 1972, 34 of 1972, L.N. 183 of 1972,
37 of 1973, L.N. 123 of 1982, R. Ed. 1982,46 of 1988, L.N. 76 of 1989

PART 1

PRELIMINARY

1. Short title

This Ordinance may be cited as the Mental Health Ordinance.

2. Interpretation

(1) In this Ordinance, unless the context otherwise requires-

'approved social worker means a social worker approved for the purposes of this
Ordinance by the Director of Social Welfare; (Added46of 1988s. 2)

'certified patient means a person who is detained in a mental hospital in accordance
with the provisions of section 36;

'chairman' means chairman of the tribunal; (Added46of 1988s. 2)

'Correctional Services Department Psychiatric Centre' means the Correctional
Services Department Psychiatric Centre set apart as a prison under section 4 of
the Prisons Ordinance(Cap. 234); (Added37of 1973s. 2)

'Court' means the High Court and any judge of the High Court;

Director of Social Welfare' includes an assistant director of social welfare;

'guardian' in relation to a person under the age of 16 years includes any person
having charge of the person under the age of 16 years and the Director of Social
Welfare and in relation to a person received into guardianship pursuant to an
application under section 33, the person in whom the powers specified in
section 34(1) are vested; (Amended46of 1988s.2)

'hospital order' means an order made in accordance with the provisions of





section 45, 49, 54 or 54A or an order having the effect that a person shall be
treated as if he were liable to be detained by an order under any of those
sections; (Amended37of 1973s. 2;46of 1988s.2)

'medical. officer' means a registered medical practitioner in the full time employment
of Government;

'medical superintendent' means the medical superintendent or an assistant medical
superintendent of a mental hospital appointed in accordance with the
provisions of section 4;

'mental disorder' means mental illness, arrested or incomplete development of mind,
psychopathic disorder or any other disorder or disability of mind; (Replaced 46
of 1988 s. 2)

'mental hospital' means any place declared to be a mental hospital in accordance
with the provisions of section 3;

'mental hospital visitor' means a person appointed to be a mental hospital visitor in
accordance with the provisions of section 5 while he is so appointed;

'patient' means a person suffering or appearing to be sufFering from mental
disorder; (Replaced 46of 1988s.2)

'patient under observation' means a person who is detained in a mental hospital in
accordance with the provisions of section 31 or 32;

'prescribed form' means a form provided by regulations; (Amended 46 of 1988s.2)

'psychopathic disorder' means a persistent disorder or disability of mind (whether
or not including significant impairment of intelligence) which results in
abnormally aggressive or seriously irresponsible conduct on the part of the
person concemed; (Added46of 1988s.2)

'registered medical practitioner' means a person who is registered or who is deemed
to be registered in accordance with the provisions of the Medical Registration
Ordinance(Cap. 16 1);

'Registrar' means the Registrar of the Supreme Court;

'regulations' means regulations made under section 72; (Added46 of 1988 s.2)

'relative' in relation to a patient means any of the following persons being, in the
case of the persons referred to in paragraphs (b) to (i) of this definition,
persons of or above the age of 18 years

(a)husband or wife, or reputed husband or wife who is living with the
patient or, if the patient is for the time being an in-patient in a hospital
or in the Correctional Services Department Psychiatric Centre, was so
living when the patient was last residing at liberty out of a hospital or
the Centre;

(b) son or daughter;

(c) father or mother;

(d) brother or siser;





(e) grandparent;

(f) grandchild;

(g) uncle or aunt;

(h) nephew or niece;

(i)any person with whom the patient ordinarily resides or, if the patient is
for the time being an in-patient in a hospital or in the Correctional
Services Department Psychiatric Centre, with whom he was ordinarily
residing when last at liberty out of a hospital or the Centre;
(Added46of 1988s. 2)

'transfer order' means an order issued in accordance with the provisions of
section 52 or 53;

'tribunal' means the Mental Health Review Tribunal established under sec

tion 59A; (Replaced 46 of 1988 s. 2)

'voluntary patient' means a person who has been admitted into and is in a

mental hospital in accordance with the provisions of section 30.

(2) Of the medical opinions given for the purposes of sections 32, 33 and 36, at
least one shall be given by a practitioner approved for the purposes of this section
by the Director of Hospital Services as having special experience in the diagnosis or
treatment of mental disorder. (Added46 of 1988 s. 2. Amended L.N. 76 of 1989)

(3) In deducing relationships for the purposes of this section, any relationship
of the half-blood shall be treated as a relationship of the whole blood, an illegitimate
person shall be treated as the legitimate child of his mother, and an adopted child as a
child of the adopting parent. (Added46 of 1988s.2)

(4) Any function vested in the Director of Social Welfare by this Ordinance may
be exercised on his behalf by any public officer authorized in that behalf by the
Director of Social Welfare. (Added46 of 1988 s. 2)

(5) Nothing in subsection (1) shall be construed as implying that a person may
be dealt with under this Ordinance as suffering from mental disorder, or from any
form of mental disorder described in that subsection, by reason only of promiscuity
or other immoral conduct, sexual deviancy or dependence on alcohol or drugs.
(Added46of 1988s.2)

3. Declaration of mental hospitals

(1) The Governor may by order declare any place which is the property of the
Government to be a mental hospital for the detention, custody, treatment and care of
mentally disordered persons.

(2) The Governor on the application of the owner thereof, may, by order, declare
any place which is not the property of the Government to be a mental hospital for the
detention, custody, treatment and care of mentally disordered persons.

(3) Notification of every such order shall be published in the Gazette.





4. Appointment of medical superintendents
and assistant medical superintendents

(1) The Governor may appoint any medical officer to be the medical
superintendent or an assistant medical superintendent of a mental hospital.
(2) On the application of any registered medical practitioner not in the
employment of Government, the Governor may appoint the registered medical
practitioner to be the medical superintendent or an assistant medical super-
intendent of a mental hospital.
(3) Notification of every such appointment shall be published in the
Gazette.

5. Appointment and duties of visitors

(1) The Governor may appoint mental hospital visitors for every mental
hospital.
(2) Two or more mental hospital visitors appointed in accordance with
subsection (1) shall once at least in every month, together inspect every part of
the mental hospital of which they are mental hospital visitors and shall see and
examine so far as circumstances permit, every patient therein and shall enter in
a book to be kept for that purpose any remarks which they may deem proper in
regard to the management and condition of the mental hospital and the patients
therein. (Amended 46 of 1988 s. 3)

6. Delegation

A medical superintendent may delegate any of his powers and functions
under this Ordinance to any registered medical practitioner and may use and
employ to carry out his functions under this Ordinance any employee in a
mental hospital.

PART 11

PROCEEDINGS IN INQUIRIES INTO MENTAL DISORDERS

7. Court may order inquiry

(1) The Court may, on such application as is hereinafter mentioned, make
an order directing an inquiry whether any person subject to the jurisdiction of
the Court who is alleged to be a mentally disordered person is of unsound mind
and incapable of managing himself and his affairs.
(2) Such order may also contain directions for inquiries concerning the
nature of the property belonging to the person alleged to be mentally





disordered, the persons who are his relative or next-of-kin, the time during which he
has been of unsound mind or such other questions as to the Court shall seem
proper.

(3) Application for such inquiry may be made by any person related by blood
or marriage to the person alleged to be a mentally disordered person, or by any
public officer nominated by the Chief Secretary.

8. Provision as to notice of inquiry

(1) Reasonable notice of the time and place appointed for the inquiry shall be
given to the person alleged to be a mentally disordered person:

Provided that if it shall appear that the person alleged to be a mentally
disordered person is in such a state that personal service on him would be
ineffectual, the Court may direct such substituted service of the notice as it shall
think proper.

(2) The Court may also, if it thinks fit, direct a copy of such notice to be served
upon any person related by blood or marriage to the person alleged to be a mentally
disordered person.

9. Power to examine person alleged

to he mentally disordered

At any time after the application for the inquiry the Court may require the
person alleged to be a mentally disordered person to attend at such convenient time
and place within Hong Kong as the Court may appoint, for the purpose of being
personally examined by the Court or by any person from whom the Court may desire
to have a report of his mental capacity and condition, and the Court may also make
an order authorizing any person or persons named therein to have access to the
person alleged to be a mentally disordered person for the purpose of a personal
examination.

(Amended 46 of 1988 s. 32)

10. Questions to be decided by Court

(1) At the inquiry, after receiving such reports and hearing such evidence and
arguments as it may think fit, the Court shall decide whether the person who is
alleged to be a mentally disordered person is or is not of unsound mind and
incapable of managing himself and his affairs and shall also decide any other
questions as to which an inquiry has been directed.

(2) The Court may make such order as may appear just respecting the costs of
the inquiry and may include therein such remuneration to physicians and surgeons
as the Court shall deem reasonable:





Provided that no order for the payment of costs shall be made against the
Chief Secretary or against any public officer nominated under section 7.

11. Appointment of committees

(1) If the Court finds that the person who is alleged to be a mentally
disordered person is of unsound mind and incapable of managing himself and
his affairs, the Court may, if it shall think fit, appoint a committee of the person
and estate of such person and may make such order, if any, as to the
remuneration of the committee out of such person's estate, and as to the giving
of security by the committee, as to the Court may seem fit.
(2) If the Court finds that the person who is alleged to be a mentally
disordered person is incapable of managing his affairs, but is not dangerous to
himself or to others, the Court may appoint a committee of his estate, without
appointing a committee of his person.

12. Powers of management of estate
of mentally disordered person

The Court may, on the appointment of a committee of the person or estate
of a mentally disordered person, direct by the order of appointment or by any
subsequent order that the person to whom the charge of the estate is committed
shall have such powers for the management thereof as to the Court shall seem
necessary and proper, reference being had to the nature of the property,
whether movable or immovable, of which the estate may consist:
Provided that such powers shall not extend to the sale or charge by way of
mortgage of the estate or any part thereof or to the letting of any immovable
property, unless for a term not exceeding 3 years.

13. Powers of Registrar

(1) The Registrar may, without an order of reference, receive any
proposal and conduct any inquiry respecting the management of the estate of a
mentally disordered person if such proposal relates to any matter which the
committee of the estate has not been empowered by an order under section 12
to dispose of.
(2) The Registrar may likewise, without reference, receive and inquire
into any proposal relating to the sale or charge by way of mortgage of the estate
or of any part thereof or to the letting of any immovable property for a term
exceeding 3 years.
(3) The Registrar shall report to the Court on the proposal, and the Court
shall, subject to the provisions of this Ordinance, make such order upon the
report and respecting the costs as shall under the circumstances seem just.





14. What relatives may attend proceedings

The Court shall once in the matter of each inquiry, and may afterwards
from time to time, determine whether any one or more, and, if any, how many
and which of the relatives or next-of-kin shall attend before the Registrar at the
cost of the estate in any proceeding connected with the management thereof,
and, if any such relative or next-of-kin is an infant, may from time to time
appoint a fit person to be his guardian for the purpose of such proceeding.

15. Orders may be made on petition

The Court may, on application made to it by petition concerning any
matter whatsoever connected with the inquiry, make such order, subject to the
provisions of this Ordinance, respecting the application and the costs thereof
and of the consequent proceedings as shall under the circumstances seem just.

16. Dealing with mentally disordered person's
property for certain purposes

The Court may, if it appears to be just or for the benefit of the mentally
disordered person, order that any property, movable or immovable, and
whether in possession, reversion, remainder, contingency or expectancy, be
sold, charged by way of mortgage or otherwise disposed of as may seem most
expedient for the purpose of raising money to be applied for any of the
following purposes-
(a)the payment of his debts, including any debt incurred for his
maintenance or otherwise for his benefit;
(b) the discharge of any incumbrance on his estate;
(c)the payment of or provision for the expenses of his future
maintenance and the maintenance of his family, including the
expenses of his removal to his country of origin or elsewhere,
when he shall be so removed, and all expenses incidental thereto;
(d)the payment of the costs of any proceeding under this Ordinance
and of any costs incurred by order or under the authority of the
Court.

17. Committee to execute instruments

(1) The committee of the estate of the mentally disordered person shall, in
his name and on his behalf, execute all such conveyances and instruments of
transfer, relative to any sale, mortgage or other disposition of his estate as the
Court shall order.
(2) In like manner such committee shall, under the order of the Court,
exercise all powers whatsoever vested in a mentally disordered person whether





the same are vested in him for his own benefit or in the character of trustee or
guardian.

18. Performance of contract

Where a person having contracted to sell or otherwise dispose of his estate or
any part thereof afterwards becomes mentally disordered, the Court may, if the
contract is such as the Court thinks ought to be performed, direct the committee of
the estate to execute such conveyances and to do such acts in fulfilment of the
contract as it shall think proper.

19. Partner found to he mentally disordered

If a member of a partnership firm be found to be mentally disordered, the Court
may, on the application of the other partners or of any person who appears to the
Court to be entitled to require the same, dissolve the partnership; and thereupon, or
upon a dissolution by decree of Court or otherwise by due course of law, the
committee of the estate may, in the name and on behalf of the mentally disordered
person, join with the other partners in disposing of the partnership property upon
such terms, and shall do all such acts for carrying into effect the dissolution of the
partnership, as the Court shall think proper.

20. Disposal of business premises

Where a mentally disordered person has been engaged in business the Court
may, if it appears to be for the benefit of his estate that the business premises should
be disposed of, order the committee of the estate to sell and dispose of the same,
and the moneys arising from such sale shall be applied in such manner as the Court
shall direct.

21. Committee may dispose of lease

Where a mentally disordered person is entitled to a lease or under-lease, and it
appears to be for the benefit of his estate that it should be disposed of, the
committee of the estate may by order of the Court surrender, assign or otherwise
dispose of the same to such person for such valuable or nominal consideration and
upon such terms as the Court shall think fit.

22. Transfer of stock of mentally disordered person

Where any stock or Government security or any share or debenture in a public
company, transferable within Hong Kong or the dividends of which are payable
there, are standing in the name of, or are vested in, a mentally





disordered person beneficially entitled thereto or a committee of the estate of a
mentally disordered person or a trustee for him, and the committee or trustee
dies intestate or himself becomes a mentally disordered person or is out of the
jurisdiction of the Court, or it is uncertain whether the committee or trustee be
living or dead or he neglects or refuses to transfer the stock, securities or shares
or to receive and pay the dividends to a new committee or trustee, or as he
directs, within 14 days after being required by him to do so, the Court may
order some fit person to make such transfer or to transfer the same and to
receive and pay over the dividends in such manner as the Court may direct, and
such transfer or payment shall be valid and effectual for all purposes.
(Amended 46 of 1988 s. 32)

23.Transfer of property of mentally disordered
person residing out of Hong Kong
Where any property situate in Hong Kong is standing in the name of or
vested in any person residing out of Hong Kong, the Court, upon being
satisfied that such person has been declared of unsound mind and that his
personal estate has been vested in a committee, curator or manager according
to the laws of the place where he is residing, may order some fit person to make
such transfer of the property, or of any part thereof, to such committee, curator
or manager or otherwise, and also to receive and pay over any proceeds or
profits thereof as the Court may think fit; and any act done in pursuance of
such order shall be valid and effectual for all purposes.
(Amended 46 of 1988 s. 32)

24. Power to order maintenance without
appointing committee

If it appears to the Court, having regard to the situation and condition in
life of the mentally disordered person and his family and the other
circumstances of the case, to be expedient that his property should be made
available for his or their maintenance in a direct and inexpensive manner, the
Court may, instead of appointing a committee of the estate, order that the
property, if money, or, if of any other description, the produce thereof when
realized, be paid to such person as the Court may think fit to be applied for the
purpose aforesaid, and all payments so made shall be a good discharge to the
person making the same.

25.Temporary provision for maintenance
of mentally disordered person
If it appears to the Court that the unsoundness of mind of a mentally
disordered person is in its nature temporary, and that it is expedient to make





temporary provision for his maintenance or the maintenance of his family, the
Court may in the manner provided by section 24 direct his property or a
sufficient part of it to be applied for the purpose aforesaid.

26. Order for detention of mentally disordered person

When upon any inquiry under this Part any person has been found by the
Court to be of unsound mind and incapable of managing himself and his
affairs, the Court shall either make an order for such person to be received into
a mental hospital and send him in suitable custody, together with the order for
his reception, to the mental hospital named in such order, or, if any friend or
relative of such person shall undertake in writing to the satisfaction of the
Court that such person shall be properly taken care of and shall be prevented
from doing injury to himself or others, make him over to the care of such friend
or relative.

27. Annulling proceedings

(1) When any person has been found of unsound mind and it shall be
shown to the Court, either on the application of such person or of any other
person acting on his behalf or on the information of any other person, that
there is reason to believe that such unsoundness of mind has ceased, the Court
may make an order for inquiry whether such person is still of unsound mind
and incapable of managing himself and his affairs.
(2) The inquiry shall be conducted in the same manner subject to the
same rules as are hereinbefore described for an inquiry into the unsoundness of
mind of a person alleged to be mentally disordered.
(3) If it be found on such inquiry that the unsoundness of mind has
ceased, the Court shall order all proceedings in such matter to cease or to be set
aside on such terms and conditions as under the circumstances of the case shall
appear proper.

28. Discharge of person found on inquiry
not to he of unsound mind

When after inquiry into the unsoundness of mind of any person detained in
a mental hospital, the Court has made an order under section 27 that the
proceedings shall cease or be set aside, the medical superintendent of the mental
hospital shall forthwith, on the production of a certified copy of such order,
discharge from such mental hospital the person whose unsoundness of mind has
ceased.





PART 111

RECEPTION, DETENTION AND TREATMENT OF MENTALLY
DISORDERED PERSONS

29. (Repealed 46 of 1988 s. 4)

30. Voluntary patients
(1) If a person appears to require treatment in a mental hospital and if he,
or in the case of a person under the age of 16 years, his parent or guardian-
(a) is desirous that such person should receive such treatment; and
(b) completes an application in writing; and
(c) lodges the application with a medical superintendent,
the medical superintendent may admit such person as a voluntary patient.
(2) A voluntary patient-
(a)shall be entitled to leave the mental hospital after the expiration
of 7 days from his, or if he is under the age of 16 years, his parent
or guardian, giving notice in writing; or, in the discretion of the
medical superintendent, verbal notice, to the medical super-
intendent of the intention of the voluntary patient to leave the
mental hospital:
Provided that a medical superintendent may in his absolute
discretion discharge a voluntary patient at any time within such
period of 7 days; and
(b)shall leave the mental hospital within 72 hours after he, or if he is
under the age of 16 years his parent or guardian, has received
from the medical superintendent notice in writing, signed by the
medical superintendent, stating that the medical superintendent is
satisfied that it is not necessary that the voluntary patient should
remain in the mental hospital and that the voluntary patient is
required to leave the mental hospital.
(3) A person who became a voluntary patient when he was under the age
of 16 years shall not remain in a mental hospital as a voluntary patient for more
than 28 days after he has attained the age of 16 years unless during such period
of 28 days he shall have completed and lodged with the medical superintendent
such application as is referred to in subsection (1).
(4) A medical superintendent may detain in a mental hospital, for
observation and treatment, a person who has been admitted as a voluntary
patient until the expiration of 7 days from the time when such notice as is
referred to in subsection (2)(a) has been given or, in the case of a person who
was admitted as a voluntary patient when he was less than 16 years of age, until
the expiration of 28 days after the voluntary patient has attained the age of 16
years.





31. Detention of a patient under observation

(1) An application may be made to a District Judge or magistrate for an order for
the detention of a patient for observation on the grounds that the patient

(a)is suffering from mental disorder of a nature or degree which warrants
his detention in a mental hospital for observation (or for observation
followed by medical treatment) for at least a limited period; and

(b)ought to be so detained in the interests of his own health or safety or
with a view to the protection of other persons. (Replaced 46 of 1988
s. 5)

(IA) An application for an order for the detention of a patient for observation
shall be founded on the written opinion in the prescribed form of a registered medical
practitioner who has examined the patient within the previous 7 days, which opinion
shall include

(a)a statement that in the opinion of the practitioner the conditions set
out in subsection (1) are satisfied;

(b)such particulars as may be prescribed of the grounds for that opinion
so far as it relates to the conditions set out in subsection (1)(a); and

(e)a statement of the reasons for that opinion so far as it relates to the
conditions set out in subsection (1)(b). (Added46 of 1988 s.5)

(IB) Upon receipt of an application under subsection (1) the District Judge or
magistrate may make an order in the prescribed form authorizing the removal of the
patient to a mental hospital for the purpose of detention and observation during the
period not exceeding 7 days from and including the date of the order. (Added46of
1988s. 5)

(2) Every such order shall have the effect of authorizing the applicant and every
public officer with such assistance in each case as may be necessary, to use such
reasonable force as may be necessary in order to remove to a mental hospital the
patient and if for any reason it is not practicable forthwith to remove him to a mental
hospital to detain him in a place of safety for a period not exceeding 48 hours.
(Amended 46 of 1988 s. 5)

(3) Where the patient has requested to see the District Judge or magistrate
before such Judge or magistrate determines whether or not to make an order under
subsection (I B)-

(a)the District Judge or magistrate shall not make the order until he has
seen the patient; and

(b)a certificate by the registered medical practitioner who furnished the
opinion for the purposes of subsection (IA) as to whether or not the
patient has made such a request shall be sufficient

evidence of the fact thereof.(Replaced 46 of 1988 s. 5)





(4) A medical superintendent may detain in a mental hospital for
observation, investigation and treatment any person who is the subject of an
order under this section or under section 32.

32. Extension of period of detention
of a patient under observation
(1) If a patient under observation in a mental hospital has been examined
by 2 registered medical practitioners, either separately or together, and the 2
registered medical practitioners are of the opinion that it is necessary that the
patient under observation should be detained in a mental hospital for a further
period for the purpose of observation, investigation and treatment, they may
complete a certificate in the prescribed form and forward it to a District Judge.
(Amended 35 of 1969 s. 2)
(2) If a District Judge who has received a certificate in accordance with
the provisions of subsection (1) is of the opinion that it is necessary for the
person named in the certificate to be detained in a mental hospital for a further
period of observation, investigation and treatment, he shall countersign the
certificate and shall forward it to the medical superintendent of the mental
hospital in which the person is detained. (Amended 35 of 1969 s. 2)
(3) Only one extension of not more than 21 days shall be made in
accordance with this section to any order made in accordance with sec-
tion 3 1, (Amended 46 of 1988 s. 6)
(4) Subject to section 36, no person shall be detained in a mental hospital
after the expiration of the period of any order made in accordance with section
31 and of any extension thereto made in accordance with this section unless he
has become a voluntary patient. (Amended 46 of 1988 s. 6)

33. Application for guardianship
(1) A patient who has attained the age of 18 years may be received into
guardianship in pursuance of an application (in this Part referred to as 'a
guardianship application') made to the Director of Social Welfare in
accordance with this section.
(2) A guardianship application may be made in respect of a patient on the
grounds that-
(a)he is suffering from mental disorder of a nature or degree which
warrants his reception into guardianship under this section; and
(b)it is necessary in the interests of the welfare of the patient or for
the protection of other persons that the patient should be so
received.
(3) A guardianship application shall be founded on the written opinions
in the prescribed form of 2 registered medical practitioners, and each opinion
shall include-





(a)a statement that in the opinion of the practitioner the conditions set
out in subsection (2) are satisfied;

(b)such particulars as may be prescribed of the grounds for that opinion
so far as it relates to the conditions set out in subsection (2)(a); and

(c)a statement of the reasons for that opinion so far as it relates to the
conditions set out in subsection (2)(b).

(4) A guardianship application shall state the age of the patient or, if his exact
age is not known to the applicant, shall state (if it be the fact) that the patient is
believed to have attained the age of 18 years.

(5) The person named as guardian in a guardianship application may be either
the Director of Social Welfare or any other person (including the applicant himself);
but a guardianship application in which a person other than the Director of
SocialWelfare is named as guardian shall be of no effect unless it is accepted by the
Director of Social Welfare and is accompanied by a statement in writing by that
person that he is willing to act as guardian.

(6) Where a guardianship application names a person other than the Director of
Social Welfare as the guardian and the Director determines not to accept that person
as the guardian the Director may appoint himself to be the guardian and, if he does
so, shall notify the applicant accordingly.

(Replaced 46 of 1988 s. 7)

34. Effect of guardianship application, etc.

(1) Where a guardianship application, duly made under the provisions of this
Part and forwarded to the Director of Social Welfare within the period allowed by
subsection (2), is accepted by him, or he appoints himself to be the guardian under
section 33(6), the application shall, subject to the regulations, confer on him or the
person named in the application as guardian, to the exclusion of any other person

(a)the power to require the patient to reside at a place specified by him or
the person named as guardian;

(b)the power to require the patient to attend at places and times so
specified for the purpose of medical treatment, occupation, education
or training;

(c)the power to require access to the patient to be given, at any place
where the patient is residing, to any registered medical practitioner,
approved social worker, or other person so specified.

(2) The period within which a guardianship application is required for the
purposes of this section to be forwarded to the Director of Social Welfare is the
period of 14 days beginning with the date on which the patient was last examined by
a registered medical practitioner before giving a medical opinion for the purposes of
the application.





(3) If within the period of 14 days beginning with the day on which
a guardianship application has been accepted by the Director of Social
Welfare the application, or any medical opinion given for the purposes of the
application, is found to be in any respect incorrect or defective, the application
or opinion may, within that period and with the consent of the Director, be
amended by the person by whom it was signed; and upon such amendment
being made the application or opinion shall have effect and shall be deemed to
have had effect as if it had been originally made as so amended:
Provided that the Director shall not consent to an amendment which in his
opinion has the effect of making a change of substance to any medical opinion.
(4) Where a patient is received into guardianship in pursuance of a
guardianship application, any previous application under this Part by virtue of
which he was subject to guardianship or liable to be detained in a mental
hospital shall cease to have effect.
(5) The guardianship of a patient shall cease to be of any effect on the
expiration of 2 years from its commencement unless it is-
(a) meanwhile discharged; or
(b) renewed by a further application under section 33.
(Replaced 46 of 1988 s. 7)

35. Transfer of guardianship in case of death,
incapacity, etc. of guardian

(1) If any person (other than the Director of Social Welfare) who is the
guardian of a patient received into guardianship under this Part-
(a) dies; or
(b)gives notice in writing to the Director of Social Welfare that he
desires to relinquish the functions of guardian,
the guardianship of the patient shall thereupon vest in the Director of Social
Welfare.
(2) If any such guardian, not having given notice under subsection (1)(b),
is incapacitated by illness or any other cause from performing the functions
of guardian of the patient, those functions may, during his incapacity, be
performed on his behalf by the Director of Social Welfare or by any other
person approved for the purposes by the Director of Social Welfare.
(3) If it appears to a District Judge, upon application made by the
Director of Social Welfare, or by a patient or a relative of a patient, that it
would be in the interests of the patient for the guardianship of the patient to be
transferred to the Director of Social Welfare or to any other person approved
for the purpose by the Judge, the Judge may make an order so transferring the
guardianship.
(4) In such circumstances, by such procedures and subject to such
conditions as may be prescribed by regulations-





(a)a patient who is for the time being liable to be detained in a
mental hospital under this Part may be transferred into the
guardianship of the Director of Social Welfare or another
person;
(b)a patient who is for the time being subject to the guardianship of
the Director of Social Welfare or other person by virtue of an
application under this Part or the operation of subsection (1) may
be transferred into the guardianship of another person or, as the
case may be, of the Director of Social Welfare, or be transferred
to a mental hospital.
(5) A patient transferred to a mental hospital in the manner referred to in
subsection (4)(b) shall be deemed to be detained under an order made under
section 3 1 (1B) upon the date of the transfer.

35A. General provisions as to applications
(1) Subject to the provisions of this section, an application under sec-
tion 3 1 (1) for detention for observation, and a guardianship application under
section 33(1), shall be in the prescribed form and may be made by-
(a) a relative of the patient;
(b) a registered medical practitioner;
(c) a public officer in the Social Welfare Department,
and every such application shall specify which of those persons is making the
application and, if made by a relative of a patient, shall state the relationship.
(2) Before an application under section 31(1) for the detention of a
patient for observation is made by a registered medical practitioner or a public
officer in the Social Welfare Department, that practitioner or officer shall take
such steps as are reasonably practicable to inform a person in Hong Kong
appearing to him to be a relative of the patient (if there is such a person) that
the application is to be made, and if the medical practitioner or public officer
fails to take such steps prior to the detention of the patient in a mental hospital,
the medical superintendent shall, as soon as practicable thereafter, take them.
(3) No application for detention for observation under section 31(1) or
application for guardianship under section 33(1) may be made by any person in
respect of a patient unless that person has personally seen the patient within the
period of 14 days ending immediately prior to the date of application.
(Added46of 1988s. 7)

36. Detention of certified patients
if-
(a)a patient liable to be detained in a mental hospital (otherwise
than under this section) or in the Correctional Services
Department Psychiatric Centre; or





(b) a voluntary patient in a mental hospital,
has been examined by 2 registered medical practitioners either separately or
together and the 2 registered medical practitioners are of the opinion that-
(i) the patient is suffering from mental illness, amounting to mental
disorder of a nature or degree which makes it appropriate for him
to receive medical treatment in hospital; and
(ii) it is necessary for the health or safety of the patient or for
the protection of other persons that he should receive such treat-
ment and it cannot be provided unless he is detained under this
section,
they may complete a certificate in the prescribed form and forward it to a
District Judge. (Replaced 46 of 1988 s. 8)
(2) If a District Judge who has received a certificate in accordance with
subsection (1) is satisfied that the certificate referred to in subsection (1) is in
order and there are no grounds for rejecting it, he shall countersign the
certificate and shall forward it to the medical superintendent of the mental
hospital in which the person is detained: (Amended 46 of 1988 s. 8)
Provided that a District Judge shall not countersign a certificate-
(a)in respect of a voluntary patient unless he is satisfied that the
voluntary patient, or some person on his behalf in the case of a
voluntary patient of less than 16 years of age, has given notice of
the intention of the voluntary patient to leave the mental hospital
in accordance with section 30(2)(a) and that it would be likely to
be dangerous to the voluntary patient or to other persons if the
voluntary patient were discharged from the mental hospital; or
(b) (Repealed 46 of 1988 s. 8)
(3) A medical superintendent may detain in a mental hospital for
observation, investigation and treatment any person who is the subject of an
order under this section and may transfer the patient to any other mental
hospital.
(4) The procedures described in subsections (1) and (2) may be
undertaken notwithstanding that the patient is detained under a hospital order
or because he has been sentenced to imprisonment or is detained by an order of
a court, but where the patient is detained under a hospital order or because he
has been sentenced to imprisonment-
(a)such procedures shall not be commenced more than 30 days
before the date when he would, in the absence of such
procedures, be released from detention; and
(b)the provisions of Part IV or, where the Criminal Procedure
Ordinance (Cap. 221) applies, that Ordinance, shall continue to
apply to that patient until that date,
and nothing done under this section shall have the effect of varying any order of
a court.(Added46 of 1988 s. 8)





(5) This section

(a)applies to a patient who suffers from mental illness or psychopathic
disorder; and

(b)applies to a patient other than a patient referred to in paragraph (a)
only where the 2 medical practitioners referred to in subsection (1) are,
in addition to being of the opinion described in that subsection, also
of the opinion that the patient is abnormally aggressive or that his
conduct is seriously irresponsible. (Added46 of 1988 s. 8)

(Amended 35 of 1969 s. 2)

37. (Repealed 46 of 1988 s. 9)

38. Temporary transfer of patients

When it appears to a medical superintendent that it would be for the benefit of
any certified patient receiving treatment or special care or that it is necessary for the
purpose of obtaining special treatment for any patient, that he should be temporarily
transferred to and maintained in another hospital, institution or place, the medical
superintendent, if the person in charge of the other hospital, institution or place is
willing to receive the patient, may arrange for such transfer.

(Amended46of 1988s. 10)

39. Absence on trial

(1) A medical superintendent may from time to time permit a certified patient or a
patient under observation to be absent from the mental hospital on trial for such
periods as the medical superintendent may think proper. (Amended46of 1988s. 11)

(2) Any absence on trial under this section shall be subject to such conditions
as the medical superintendent may prescribe.

(3) In any case where a patient is absent from a mental hospital in accordance
with this section, the medical superintendent may, subject to subsection (5), by
notice in writing in the prescribed form to the patient or to the person for the time
being in charge of the patient, revoke the permission to be absent and recall the
patient to the mental hospital if he is of the opinion that it is necessary so to do in
the interests of the patient's health or safety or for the protection of other persons.
(Replaced 46of 1988s.11)

(4) If before the expiry of any period of absence which has been prescribed the
medical superintendent certifies in the prescribed form that it is not necessary that
the patient be detained in a mental hospital he shall be deemed to have been lawfully
discharged in accordance with the provisions of this Ordinance. (Amended46of
1988s.]])





(5) A patient who has been permitted to be absent from a mental hospital in
accordance with the provisions of this section shall not be recalled under subsection
(3) after he has ceased to be liable to be detained under this Ordinance. (Added46of
1988s. 11)

40-41. (Repealed 46 of 1988 s. 12)

42. Discharge of patient before recovery

(1) Where on behalf of a patient including a voluntary patient a relative or
friend of the patient makes application in writing in the prescribed form to the
medical superintendent

(a)stating the relationship or connection of the applicant with the
patient;

(b)requesting that the patient may be delivered over to the applicant; and

(e)undertaking that the patient will receive proper care and will be
prevented from doing injury to himself or to others and, in the case of
an application by a person other than the person on whose application
the patient was admitted to a mental hospital, satisfies the medical
superintendent that before he made the application he served on such
person notice of his intention so to do,

the medical superintendent shall within 48 hours of the receipt of the application
either

(i) discharge the patient to the applicant notwithstanding that the patient
is still a mentally disordered person; or

(ii) give to the applicant a certificate in the prescribed form stating that he
refuses to discharge the patient on the ground that

(A) he is satisfied that the patient is dangerous or otherwise unfit
to be at large; or
(B) he is not satisfied that the patient will receive proper care.

(2) (Repealed 46 of 1988 s. 13)

42A. Discharge of patient

(1) Subject to section 42B a patient who is for the time being liable to be
detained or subject to guardianship shall cease to be so liable or subject if there is
made in accordance with this section an order in writing discharging him from
detention or guardianship (referred to as an 'order for discharge' in this section and
section 42B, but subject to subsection (6) of that section).

(2) An order for discharge may be made in respect of a patient-





(a)where the patient is liable to be detained in a mental hospital, by the
medical superintendent;

(b)where the patient is subject to guardianship, by the Director of Social
Welfare.

(Added46of 1988s. 14)

42B. Conditional discharge of patients
with propensity to violence

(1) Where-

(a)it appears to the medical superintendent that a patient has a medical
history of criminal violence or a disposition to commit such violence;
but

(b)the medical superintendent is of the opinion that the patient may
safely be discharged subject to conditions to be specified in an order
for discharge,

the medical superintendent may, in the exercise of his powers under section 42A, but
subject to any restriction on such power imposed by any provision of Part IV, make
an order for discharge subject to compliance by the patient discharged (in this
section and section 43 called 'the conditionally discharged patient') with
conditions.

(2) Without prejudice to the power of the medical superintendent in the exercise
of his powers under subsection (1) to impose such conditions as he thinks fit on an
order for discharge, being conditions reasonable in the circumstances, such
conditions may require the conditionally discharged patient

(a) to reside at a place specified by the medical superintendent;

(b)to attend at an out-patient department of a hospital or at a clinic
specified by the medical superintendent;

(e) to take medication as prescribed by a medical practitioner; or

(d) to be under the supervision of the Director of Social Welfare.

(3) In any case where

(a)it appears to a medical superintendent that a conditionally discharged
patient has failed to comply with any condition to which his order for
discharge is subject; and

(b)the medical superintendent is of the opinion that it is necessary in the
interests of the patient's health or safety, or for the protection of other
persons, to recall the patient to a mental hospital,

the medical superintendent may, by notice in writing in the prescribed form to the
conditonally discharged patient or to the person in charge of the conditionally
discharged patient, recall the patient to the mental hospital and, upon the giving of
the notice to the patient, or at such subsequent time as may be stated in the notice,
the patient may be detained and section 43(5) shall apply accordingly.





(4) Any conditionally discharged patient recalled to a mental hospital under
subsection (3) shall, upon admission to that hospital, be deemed to have been
detained therein under section 31 and, for the purposes of that section, the patient
shall be deemed to have been detained in that hospital in pursuance of an order
under section 3 1 (1B) made at the time of admission.

(5) The medical superintendent may at any time by notice in writing to the
conditionally discharged patient vary the conditions of his discharge.

(6) This section shall apply to a person who is admitted to the Correctional
Services Department Psychiatric Centre in pursuance of a hospital order with the
following modifications

(a)references in subsections (1) and (2) to the medical superintendent
shall be construed as references to the Commissioner of Correctional
Services and references to the exercise of the medical superintendent's
powers under section 42A as references to any power vested in the
Commissioner to discharge a person from the Centre;

(b)references to an order of discharge shall be construed as references to
an order of discharge by the Commissioner of Correctional Services
with the consent of the Governor given under section 47(1A)(b);

(c)references in subsections (3), (4) and (5) to the medical superintendent
shall be construed as references to a medical officer authorized for the
purposes of those subsections in writing by the Director of Hospital
Services; and (Amended L.N. 76 of 1989)

(d)references in subsection (3) or (4) to recall to a mental hospital shall be
construed as references to call to a mental hospital specified by such
medical officer in the notice given under subsection (3),

and the power to discharge the patient at any time subsequent to the making of the
order of conditional discharge may be exercised by that medical officer who shall
have, in that respect, the power of a medical superintendent under section 42A.

(Added46of 1988s. 14)

43. Detention and recapture

(1) Every patient received into a mental hospital under the authority of this
Ordinance may, subject to this Ordinance, be detained therein until he is removed or
discharged in accordance with this Ordinance.

(2) Where a patient who is for the time being liable to be detained in a mental
hospital under this Ordinance escapes, he may, subject to the provisions of this
section, be taken into custody and returned to the mental hospital by the





medical superintendent, any officer or servant of such hospital, any person
authorized by the medical superintendent or any police officer.

(3) Where a person who is for the time being liable to be detained under this
Ordinance

(a)fails to return to the mental hospital on any occasion on which, or at
the expiration of any period for which, permission to be absent was
granted under section 39, or upon being recalled under that section;
or

(b)absents himself without permission from any place where he is
required to reside in accordance with conditions imposed on the
grant of leave of absence under that section,

he may, subject to this section, be taken into custody and returned to the mental
hospital by the medical superintendent, any officer or servant of such hospital, or
any person authorized by the medical superintendent.

(4) Where a patient who is for the time being subject to guardianship under this
Part absents himself without the leave of the guardian from the place where he is
required by the guardian to reside, he may, subject to this section, be taken into
custody and returned to that place by the guardian or by the Director of Social
Welfare.

(5) Where a conditonally discharged patient

(a)fails to return to the mental hospital upon being recalled under
section 42B(3) or called there under section 42B(6)(d); or

(b)absents himself without permission from any place where he is
required to reside in accordance with conditions imposed on his
discharge under section 42B,

he may be taken into custody and returned to the mental hospital by the medical
superintendent, or any officer or servant of the hospital, or any other person
authorized by the medical superintendent:

Provided that where section 42B(6) applies references in this section to the
medical superintendent shall be construed as referring to the medical superintendent
of the mental hospital specified in the notice given under section 42B(3).

(6) A patient shall not be taken into custody under this section after the
expiration of 28 days beginning with the first day of his absence without leave, or, in
the case of a failure to return to a mental hospital, the day on which the obligation to
return arose, and a patient who has not returned or been taken into custody under
this section within that period shall cease to be liable to be detained or subject to
guardianship, as the case may be, at the expiration of that period:

Provided that nothing in this subsection shall apply in the case of a person who
is or was liable to detention under a hospital order which is not endorsed under
section 45(1A), whether or not he was, prior to the event giving rise to the power to
take him into custody under this section, in actual detention, absent on permission
granted under section 39 or conditionally discharged from detention under that
order.





1 (7) Where by virtue of this section a person is detained, taken into
custody or returned to a mental hospital, such reasonable force may be used as
is necessary for the purpose.
(Replaced 46 of 1988 s. 14)

44. Removal of patient from Hong Kong
(1) Where an alien or any person not domiciled in Hong Kong is detained
as a mentally disordered person and it appears expedient that he should be
removed to the country of which he is a national, the Chief Secretary if satisfied
that his removal is likely to be for his benefit, and that proper arrangements
have been made for such removal and for his subsequent care and treatment,
may, by warrant, direct the mentally disordered person to be delivered to the
person named in the warrant for the purpose of removal to the country of
which he is a national, and every such warrant shall be obeyed by the person or
authority having the charge of the person named therein.
(2) A warrant under this section shall be sufficient authority for the
master of any vessel or captain of any aircraft or the guard on any train to
receive and detain the patient on board such vessel, aircraft or train for the
purpose of conveying him to his destination.
(3) Any order of removal made under this section shall be addressed to
the medical superintendent of the mental hospital in which the patient is at the
time detained and shall direct him to deliver up the patient to the person
mentioned in such order at such place and in such manner as may be specified
in the said order for the purpose of such removal as aforesaid; and the patient
shall be delivered up accordingly.
(4) Any patient removed from Hong Kong in accordance with the
provisions of this section shall not return to Hong Kong except by permission
of the Chief Secretary.
(Amended 46 of 1988 s. 32)

PARTIV

ADMISSION OF PATIENTS CONCERNED IN CRIMINAL PROCEEDINGS
AND TRANSFER OF PATIENTS UNDER SENTENCE

45. Powers of court or magistrate
to make a hospital order
(1) Where-
(a) a person is-
(i) convicted by the High Court or a District Court of an
offence other than an offence the sentence for which is fixed
by law;





(ii) convicted by a magistrate of an offence punishable on
summary conviction by imprisonment; or
(iii) charged before a magistrate with an act or omission as an
offence punishable on summary conviction by imprisonment
and the magistrate is satisfied that such person did the act or
made the omission; and
(b)the court or magistrate is satisfied on the written or oral evidence
of 2 registered medical practitioners received in accordance with
section 46 that-
(i) such person is a mentally disordered person; and
(ii) the nature or degree of the mental disorder from which the
person is suffering warrants his detention in the Correctional
Services Department Psychiatric Centre or a mental hospital
for treatment; and
(c)the court or magistrate is of the opinion, having regard to an the
circumstances including the nature of the offence and the
character and antecedents of such person, and to the other
available methods of dealing with him, that the most suitable
method of disposing of the case is by means of an order under
this section,
the court or magistrate may by a hospital order authorize the admission of the
person to and his detention in the Correctional Services Department Psychiatric
Centre or a mental hospital specified in the order or, if the person is under 14
years of age, in a mental hospital specified in the order, and may specify in the
order the period during which such person should be so detained which shall
not be greater than the sentence which the court or magistrate could have
imposed in respect of the offence with which such person was charged.
(Amended37of 1973s. 3)
(IA) Where under subsection (1) the court or magistrate by a hospital
order authorizes the admission of a person to, and detention in, a mental
hospital, and is of the opinion that in all the circumstances of the case the
proviso to section 47(2) should not apply, the judge or magistrate may include a
statement to that effect in the hospital order and, if he does so, that proviso
shall not apply. (Added46 of 1988 s. 15)
(2) A hospital order shall not be made under this section unless the court
or magistrate is satisfied that arrangements have been made for the admission
of the person to the Correctional Services Department Psychiatric Centre or
that mental hospital within 28 days after the date of the hospital order, in the
event of the hospital order being made by the court or magistrate. (Amended
37 of 1973 s. 3)
(3) Where a hospital order has been made, the court or magistrate shall
not impose a sentence of imprisonment or a fine or make a probation order in
respect of the offence but may make any other order which the court or





magistrate has power to make apart from this section and for the purpose of
this subsection 'sentence of imprisonment' includes any sentence or order for
detention in a remand home, a reformatory school, a house of detention or a
training centre.
[cf. 1959 c. 72 s. 60, U.K.]

46. Requirement as to medical evidence

(1) Of the registered medical practitioners whose evidence is received in
accordance with section 45(1)(b), 49(3) or 54(3) at least one shall be a medical
officer.
(2) For the purpose of section 45(1)(b), 49(3) or 54(3) a report in writing
purporting to be signed by a registered medical practitioner may, subject to the
provisions of this section, be received in evidence without proof of the signature
or qualifications of the registered medical practitioner but the court or
magistrate may require that the registered medical practitioner, by whom the
report was signed, be called to give oral evidence.
(3) Where, in pursuance of the directions of a court or magistrate, a
report of a registered medical practitioner is tendered in evidence in accordance
with section 45(1)(b) or 49(3) otherwise than by or on behalf of the accused-
(Amended 40 of 1962 s. 2)
(a)if the accused is represented by counsel or solicitor, a copy of the
report shall be given to his counsel or solicitor;
(b)if the accused is not so represented, the substance of the report
shall be disclosed to the accused or, in the case of a child or
young person, to his parent or guardian if present in court; and
(c)in any case, the accused, or in the case of a child or young person,
his parent or guardian may require that the registered medical
practitioner who signed the report be called to give oral evidence,
and evidence to rebut the evidence contained in the report may be
called by or on behalf of the accused.
(Amended46of 1988s. 16)
[cf. 1959 c. 72 s. 62 U.K.]

47. Effect of hospital order

(1) A hospital order shall be sufficient authority for-
(a)the Commissioner of Correctional Services or any other person
directed to do so by the court or magistrate to convey the person
named in the order to the Correctional Services Department
Psychiatric Centre or the mental hospital specified in the order
within a period of 28 days from the date of the order; and





(b)the Commissioner of Correctional Services to admit him to the
Correctional Services Department Psychiatric Centre or the
medical superintendent to admit him to the mental hospital and
to detain him therein in accordance with the provisions of this
Ordinance. (Amended37of 1973s.4)
(IA) A person who is admitted to the Correctional Services Department
Psychiatric Centre in pursuance of a hospital order shall be treated, for the
purposes of the Prisons Ordinance (Cap. 234), as if he had been lawfully
confined in a prison in accordance with section 7 of that Ordinance except that
during the period for which he is ordered to be detained in the Correctional
Services Department Psychiatric Centre, or if no period is specified in the order,
while the order is in force-
(a)the power of the Commissioner of Correctional Services to. grant
leave of absence under the Prisons Ordinance (Cap. 234) shall not
be exercised; and
(b)the person shall not be discharged therefrom unless with the prior
consent of the Governor. (Added37of 1973s.4)
(2) A person who has been admitted to a mental hospital in pursuance of
a hospital order shall be treated, for the purposes of Part III, as if he had been
detained in a mental hospital in accordance with section 36:
Provided that, unless the hospital order has been endorsed under section
45(1A), the power to grant permission for leave of absence under section 39, to
discharge under section 42A or to discharge conditionally under section 42B
shall be exercisable only with the prior consent of the Governor. (Replaced 46
of 1988 s. 17)
(3) Where-
(a)a person is admitted to the Correctional Services Department
Psychiatric Centre; or
(b) a patient is admitted to a mental hospital,
in pursuance of a hospital order, any previous order by which he was liable to
be detained in a mental hospital shall cease to have effect. (Replaced 37 of
1973s.4)
[cf. 1959 c. 72 s. 63 U.K.]

48. Appeal against hospital order

Any person who is aggrieved by a hospital order made in respect of him or
in respect of a child or young person of whom he is parent or guardian may
appeal against the hospital order in the same manner as any other judgment or
order of the court or magistrate and in any such appeal, the provisions of any
other enactment relating to appeals against orders or judgments of the court or
magistrate shall apply.
[cf. 1959 c. 72 s. 70 U.K.]





*49. Hospital Order Appeal Tribunal

(1) For the purpose OF of considering petitions to the Governor in Council

in accordance with section 50, there shall be a tribunal to be known as the
Hospital Order Appeal Tribunal which shall consist of a chairman and not
more than 5 other members appointed by the Governor.

(2) Members of the tribunal shall hold office for 3 years from the dates of their
respective appointment and may be reappointed or removed by the Governor at his
pleasure.

(3) There shall be a secretary to the tribunal who shall be appointed by the
Governor.

(4) The tribunal may make standing orders for its procedure in the transaction
of its business and maintenance of good order at its meetings:

Provided that a copy of each such standing order shall be furnished to the
Chief Secretary and shall be subject to disallowance or amendment at any time by
the Governor.

(5) The quorum necessary for the transaction of the business of the tribunal
may be fixed by standing orders and, unless so fixed, 3 members shall form a
quorum.

50. Period of detention under this Part

Subject to section 49, no person shall be detained

(a)in pursuance of a hospital order, being an order authorizing his
detention for a specified period, after the expiration of that period; or

(b)if he is serving a sentence of imprisonment in pursuance of the order
of any court, in a mental hospital or the Correctional Services
Department Psychiatric Centre after the expiration of the sentence of
imprisonment,

unless he is detained under Part III otherwise than as applied by this Part.
(Replaced 46 of 1988 s. 18)

51. Remand

(1) (a)If a court or magistrate is of the opinion that any person who is
charged before the court or magistrate with an offence, including a
person in respect of whom an information or charge for an indictable
offence is being heard or has been heard by the magistrate in
accordance with the provisions of Part 111 of the Magistrates
Ordinance (Cap. 227), or who has been convicted but not sentenced of
an offence being, in the case of a conviction by a magistrate, an
offence punishable on summary conviction by

*To be repealed and replaced by 46 of 1988 s. 18-see L.N. 420 of 1989





imprisonment or an indictable offence of which the magistrate
has convicted the accused summarily, may be or is alleged to be a
mentally disordered person, the court or magistrate may remand
such person- (Amended 46of 1988s. 19)
(i) to a mental hospital; or
(ii) to a prison; or
(iii)to a training centre established under section 3 of the
Training Centres Ordinance (Cap. 280) in the case of a
person not less than 16 years of age but under 21 years of
age; or
(iv)to a place of detention appointed under section 16 of the
Juvenile Offenders Ordinance (Cap. 226) in the case of child
or young person within the meaning of that Ordinance,
for observation, investigation and treatment for any period not
exceeding 14 days and on the making of any such order shall
adjourn the proceedings against such person for such period and
may extend such period of 14 days by further periods of 7 days
each so that the total period of remand does not in any case
exceed 42 days.
(b)Without prejudice to the provisions of any other Ordinance, any
person remanded under paragraph (a) to a prison, a training
centre or a place of detention for observation, investigation and
treatment may be removed in the custody of an officer of the
Correctional Services Department or a public officer appointed
by the Director of Social Welfare in the case of a child or young
person, from the prison, training centre or place of detention for
the purpose of attending a Government psychiatric clinic for
observation, investigation and treatment.
(c)The Training Centres Ordinance (Cap. 280) shall apply mutatis
mutandis to any person remanded to a training centre under
paragraph (a) for observation, investigation and treatment.
(d)The Remand Home Rules (Cap. 226 sub. leg.) shall apply to any
child or young person remanded to a place of detention under
paragraph (a) for observation, investigation and treatment.
(Replaced 3 of 1968 s. 3)
(2) (a) A court or magistrate may, in lieu of remanding a person under
subsection (1), admit him to bail in accordance with the periods
specified in subsection (1) on his procuring or producing such
surety or sureties as the court or magistrate thinks fit.
(b)In the case of any person admitted to bail under paragraph (a) it
shall be a condition of the recognizance-
(i) that he shall undergo observation, investigation and
treatment by a medical officer at such mental hospital or





Government psychiatric clinic as may be specified in the
recognizance; or

(ii) that he shall undergo observation, investigation and treatment
by a suitably qualified medical practitioner named in the
recognizance.

(c)In the case of any person admitted to bail under paragraph (a) it may
be a condition of the recognizance that the person reside in a mental
hospital for the purposes of observation, investigation and treatment
for such period, within the period specified in the recognizance, as
may be required by the examining medical officer or medical
practitioner.

(d)Notwithstanding any other provision of this Ordinance, where
arrangements have been made for the reception of any person so
required to reside at a mental hospital for the purposes of any
observation, investigation and treatment he may be admitted to the
mental hospital.

(e)Where a court or magistrate is satisfied by information on oath that a
person admitted to bail under paragraph (a) has failed to observe any
of the conditions of the recognizance taken under this subsection the
court or magistrate may issue a warrant for the apprehension of the
person; and the recognizance may be enforced in like manner, as a
recognizance may be enforced under the Criminal Procedure Ordinance
(Cap. 221) or under Part II of the Magistrates Ordinance (Cap. 227), as
the case may be.

(Added 3 of 1968 s. 3)
(3) (Repealed 46 of 1988 s. 19)

(4) Any order made in accordance with subsection (1) or (2) may be made in the
absence of the person if the court or magistrate is satisfied on such evidence as shall
be placed before him that no useful purpose might be served by the personal
appearance before the court or magistrate of such person. (Amended 3 of 1968 s. 3;
46 of 1988 s. 19)

52. Removal to a mental hospital of a person

serving a sentence of imprisonment

(1) If the Governor is satisfied from the report of a medical officer that a person
who is serving a sentence of imprisonment is a mentally disordered person and that
the nature or degree of the mental disorder from which he is suffering warrants his
detention in a mental hospital for treatment, the Governor may, by transfer order,
direct that the person be removed to and detained in such mental hospital as is
specified in the order.





(2) A transfer order shall cease to have effect at the expiration of a period
of 14 days from the date on which it was made unless within that period the
person with respect to whom it was made has been received in the mental
hospital specified in the transfer order.
(3) A person who is admitted to a mental hospital in pursuance of a
transfer order shall be treated for the purposes of Part 111 as if he had been
detained in a mental hospital under section 36 except that-
(a)the power of the medical superintendent to permit absence on
trial under section 39 shall not be exercised; and
(b)the person shall not be discharged therefrom except with the
consent of the Governor. (Replaced 46 of 1988 s. 20)
(4) If the Governor is satisfied from the report from a medical
superintendent that a person, who was transferred to a mental hospital by a
transfer order made under subsection (1) and whose sentence of imprisonment
has not expired, no longer requires treatment for mental disorder the Governor
may by order direct that the person be returned to the custody of the
Commissioner of Correctional Services or the Director of Social Welfare, as the
case may be, to serve the remainder of his sentence of imprisonment.
(Amended 40 of 1962 s. 3)
(5) In this section 'sentence of imprisonment' includes any sentence or
order for detention in a remand home, a reformatory school, a house of
detention. a detention centre. a training centre or an addiction treatment centre.
(Amended 42 of 1968 s. 12; 12 of 1972 s. 13)
[cf. 1959 c. 72 s. 72 U.K.]

Psychiatric Centre of persons detained in a
mental hospital

(1) The Governor may, after consultation with the Commissioner of
Correctional Services and a medical superintendent, by order direct that a
person detained in a mental hospital in pursuance of an order made under this
Part or under the Criminal Procedure Ordinance (Cap. 221), be removed to and
detained in the Correctional Services Department Psychiatric Centre.
(2) An order under subsection (1) shall be sufficient authority for the
Commissioner of Correctional Services to admit the person removed from the
mental hospital to the Correctional Services Department Psychiatric Centre and
to detain him therein for the period specified in the order authorizing his
detention in the mental hospital, or if no such period is specified, while that
order is in force.
(3) A person who is removed to and detained in the Correctional Services
Department Psychiatric Centre in pursuance of an order under subsection (1)
shall be treated, for the purposes of the Prisons Ordinance (Cap. 234), as if he





had been lawfully confined in a prison in accordance with section 7 of that
Ordinance except that during the period within which he is liable to be detained

(a)the power to the Commissioner of Correctional Services to grant leave
of absence under the Prisons Ordinance (Cap. 234) shall not be
exercised; and

(b)the person shall not be discharged therefrom unless with the prior
consent of the Governor.

(Added37of 1973s. 5)

detained in the Correctional Services
Department Psychiatric Centre

(1) The Governor may, after consultation with a medical superintendent and the
Commissioner of Correctional Services, by order direct that a person detained in the
Correctional Services Department Psychiatric Centre in pursuance of an order made
under this Part or under the Criminal Procedure Ordinance (Cap. 221), be removed to
and detained in a mental hospital.

(2) An order under subsection (1) shall be sufficient authority for the medical
superintendent to admit the person removed from the Correctional Services
Department Psychiatric Centre to a mental hospital and to detain him therein for the
period specified in the order authorizing his detention in the Correctional Services
Department Psychiatric Centre, or if no such period is specified, while that order is in
force.

(3) A person who is removed to and detained in a mental hospital in pursuance
of an order under subsection (1) shall be treated as being detained there in
accordance with section 36 except that during the period within which he is liable to
be detained

(a)the power of the medical superintendent to permit absence on trial
under section 39 shall not be exercised; and

(b)the person shall not be discharged therefrom except with the consent
of the Governor.

(Added46of 1988s. 21)

53. Removal to a mental hospital of other prisoners

(1) If the Governor is satisfied from the report of a medical officer that a person
to whom this section applies is a mentally disordered person and that the nature or
degree of the mental disorder from which he is suffering warrants his detention of
the person in a mental hospital for medical treatment, the Governor may by transfer
order direct that the person be removed to and detained in a mental hospital.





(2) This section shall apply to any person who is

(a)committed in custody for trial in accordance with section 85(2) of the
Magistrates Ordinance (Cap. 227);

(b)remanded in custody in accordance with section 90 of the Magistrates
Ordinance (Cap. 227), the magistrate having made an order of transfer
in respect of such person in accordance with section 88 of that
Ordinance;

(c) remanded in custody by a court or magistrate;

(d)remanded in custody by the High Court or by a District Court to await
a judgment or sentence which has been respited;

(e)a civil prisoner, that is to say, a person committed by a court to prison
for a limited term, including a person committed to prison in pursuance
of a writ of attachment, not being a person falling to be dealt with
under section 52; or (Amended L.N. 183 of 1972)

detained in any place by virtue of the Immigration Ordinance (Cap.
115). (Replaced 55 of 1971 s. 66)

(3) The provisons of section 52(2), (3) and (4) shall apply for the purposes of
this section and to any transfer made in accordance with this section.

[cf. 1959 c. 72 s. 73 U.K.]

54. Further provisions as to persons committed

for trial or sentence or on remand

(1) A transfer order given in accordance with section 53(1) shall cease to have
effect when the case of the person named in the transfer order has been disposed of
by the court or magistrate having jurisdiction to try or otherwise deal with him; but
without prejudice to any power of that court or magistrate to make a hospital order
under this Part in his case. (Amended 34of 1972s. 22)

(2) Where a transfer order has been given in accordance with section 53(1)

(a)if the Governor is notified by a medical superintendent at any time
before the person named in the transfer order is brought before the
court or magistrate having jurisdiction to try or otherwise deal with
him, that the person no longer requires treatment for mental disorder,
the Governor may by order direct that such person be remitted to any
place where he might have been detained if he had not been removed
to a mental hospital, there to be dealt with as if he had not been so
removed, and on his arrival at the place to which he is so remitted the
transfer order shall cease to have effect; (Amended 34of 1972s. 22)

(b)if no order has been made in accordance with paragraph (a) and if it
appears to the court or magistrate having jurisdiction to try





or otherwise deal with the person named in the transfer order that it is
impracticable or inappropriate to bring that person before the court or
magistrate and the conditions set out in subsection (3) are satisfied,
the court or magistrate may make a hospital order in respect of such
person in his absence and, in the case of a person awaiting trial,
without convicting him. (Amended 34 of 1972 s. 22)

(3) A hospital order may be made in respect of a person in accordance with
subsection (2)(b) if the court or magistrate is satisfied, on the written or oral
evidence of 2 registered medical practitioners received in accordance with section
46(1) and (2) that- (Amended40 of 1962s. 4)

(a) such person is a mentally disordered person; and

(b)the nature or degree of the mental disorder from which the person is
suffering warrants his detention in a mental hospital for medical
treatment,

and the court or magistrate is of the opinion after considering any depositions or
other documents required to be sent to the proper officer of the court, that it is
proper to make a hospital order.

(4) When a transfer order has been made in respect of a person remanded in
custody by a magistrate, the power of further remanding such person under section
20 of the Magistrates Ordinance (Cap. 227) may be exercised by the magistrate
without such person being brought before the magistrate.

(5) Any transfer order made in respect of a civil prisoner shall cease to have
effect on the expiration of the period during which he would but for his removal to
the mental hospital, be liable to be detained in prison.

[cf. 1959 c. 72 s. 75 U.K.]

54A. Hospital order in respect of persons
awaiting trial or sentence

If it appears to the court or magistrate having jurisdiction to try or otherwise
deal with a person specified in section 53(2)(a), (b), (c) or (d) that

(a) the conditions set out in section 54(3) are satisfied; and

(b)it is impracticable or inappropriate to bring that person before the
court or magistrate,

the court or magistrate may, by a hospital order made in respect of that person in his
absence and, if he is a person awaiting trial, without convicting him, authorize his
admission to and detention in the Correctional Services Department Psychiatric
Centre.

(Added 37 of 1973s. 6)

55. Removal of prisoners for observation

(1) If the Commissioner of Correctional Services or, in the case of a person who
is detained in a remand home or a reformatory school, the Director





of Social Welfare, has reason to believe that a person who is serving a sentence of
imprisonment as defined by section 52(5) or a person to whom section 53 applies is a
mentally disordered person and that it is necessary or desirable that such person
should be forthwith transferred to a mental hospital for observation or treatment, he
may, by writing under his hand, order that such person be taken to a mental hospital
for the purpose of detention, observation and treatment during the period of 14 days
from and including the date of the order. (Amended 40 of 1962 s. 5)

(2) The provisions of sections 51, 52 and 53 may be applied to a person who is
detained in a mental hospital in consequence of an order made under subsection (1)
as if no such order had been made.

(3) A person who is detained in a mental hospital in consequence of an order
made under subsection (1) shall be deemed to be in legal custody.

56. Medical reports on persons on remand

(1) If a person is committed in custody for trial in accordance with section 85(2)
of the Magistrates Ordinance (Cap. 227), the Commissioner of Correctional Services

(a) if the prisoner is charged with a capital offence, may; and

(b) if the Attorney General makes application in writing to the
Commissioner of Correctional Services in respect of the prisoner,
whether the prisoner is charged with a capital offence or not, shall,

make an order in accordance with section 55(1), even if the Commissioner of
Correctional Services has no reason to believe that the prisoner is a mentally
disordered person.

(2) If the prisoner has been committed in custody for trial charged with a capital
offence or if he is the subject of an application by the Attorney General in
accordance with subsection (1)(b), the medical officer of the prison or the medical
superintendent of the mental hospital, as the case may be, shall, not less than 7 days
before the date fixed for the trial of the prisoner, submit to the Registrar and to the
Attorney General a report on the mental condition of the prisoner, stating whether or
not the prisoner has exhibited any indication of insanity and whether or not he is fit
to plead.

(3) A report submitted in accordance with subsection (2) shall not express any
opinion as to the degree of responsibility of the prisoner at the time when the
offence with which he is charged was committed but if, from symptoms exhibited
while under observation in the prison or in the mental hospital, the medical officer of
the prison or the medical superintendent of the mental hospital, as the case may be,
is of the opinion that insanity exists and has done so for some time previous to the
date when the offence was committed, or that there is any history of insanity, his
report should embody this opinion.





57.Persons ordered to he admitted to a
mental hospital under Criminal
Procedure Ordinance

Notwithstanding anything contained in section 76 of the Criminal Procedure
Ordinance (Cap. 221), the Governor may order that a person found not guilty by
reason of insanity be detained in custody in some other manner than is specified in
that Ordinance.

(Replaced 34 of 1972 s. 22)

58. Temporary transfer for specialist medical
treatment of patients concerned
in criminal proceedings

The provisions of section 38 shall apply to persons who are detained in a
mental hospital under this Part or under the Criminal Procedure Ordinance (Cap. 221).

(Added40 of 1962s. 7. Amended 34 of 1972s. 22)

59. Removal to prison of persons
subject to a hospital order

If the Governor is satisfied from the report of a medical superintendent that a
person, who was transferred and detained by a hospital order authorizing his
detention for a specified period, no longer requires treatment for mental disorder, the
Governor may by order direct that the person be transferred to and detained in
prison in the custody of the Commissioner of Correctional Services for any period
not extending beyond the expiration of the period specified in the hospital order.

(Added40 of 1962s. 7. Amended 34 of 1972s. 22;46of 1988s. 22)

PART IVA

MENTAL HEALTH REVIEW
TRIBUNAL

59A. Mental Health Review Tribunal

(1) There shall be a tribunal known as the Mental Health Review Tribunal for
the purpose of dealing with applications and references by and in respect of patients
under this Ordinance. (2) The tribunal shall consist of

(a)a chairman appointed by the Governor and having such legal
experience as the Governor considers suitable;





(b)persons (referred to in this Part as 'the medical members') being
registered medical practitioners appointed by the Governor on the
recommendation of the Director of Hospital Services; (AmendedL.N. 76
of 1989)

(e)persons (referred to in this Part as 'the social work members')
appointed by the Governor who have such experience and knowledge
of social work as the Governor considers suitable; and

(d)persons appointed by the Governor and having such experience and
knowledge of administration, clinical psychology, or such other
qualifications or experience, as the Governor considers suitable.

(3) The members of the tribunal shall hold and vacate office under the terms of
the instrument under which they are appointed, but may resign office by notice in
writing to the Governor.

(4) Any member of the tribunal who ceases to hold office shall be eligible for re-
appointment.

(5) Subject to the rules referred to in section 59G, the members who are, with the
chairman, to exercise the functions of the tribunal for the purposes of any
proceedings or class or group of proceedings under this Ordinance shall be
appointed by the chairman, and of the members so appointed

(a) one or more shall be appointed from the medical members;

(b)one or more shall be appointed from the social work members; and

(c)one or more shall be appointed from the members who are neither
medical members nor social work members.

(6) Subject to the rules referred to in section 59G, the jurisdiction of the tribunal
may be exercised by the chairman and 3 of its members, and references in this
Ordinance to the tribunal shall be construed accordingly.

(7) The Registrar of the Supreme Court may defray the expenses of the tribunal
to such amount as he may, with the consent of the Financial Secretary, determine.

(8) There shall be a secretary to the tribunal who shall be appointed by the
Governor.

(9) The persons recommended to the Governor by the Director of Hospital
Services under subsection (2)(b) shall be persons who, in the opinion of the Director,
have relevant experience in psychiatry. (Amended L.N. 76 of 1989)

59B. Applications to the tribunal

(1) An application may be made to the tribunal for the review of the case of any
person liable to be detained in a mental hospital or the Correctional Services
Department Psychiatric Centre; but nothing in this section shall apply





to any person who is serving a sentence of imprisonment in pursuance of the order
of any court during the period within which he is liable to be detained in pursuance
of that sentence other than a person detained until Her Majesty's pleasure is known.

(2) An application may be made to the tribunal for the review of any case of

(a) a patient permitted to be absent on trial under section 39;

(b)a conditionally discharged patient within the meaning of section 42B;

(e) a person admitted to guardianship.

(3) An application under subsection (1) or (2) may be made by

(a) the patient; or

(b) his relative,

and, subject to subsection (5) and to any rules made under section 59G, may be
made at any time.

(4) An application under subsection (1) or (2) may be brought for the purpose
of reviewing any direction or decision of a medical superintendent under this
Ordinance and, when so brought, shall specify the grounds for applying for the
review.

(5) Except with the leave of the tribunal, no application may be made under
subsection (1) or (2)

(a)by a patient liable to be detained under a hospital order or transfer
order, within a period of 12 months after he is first liable to be so
detained; or

(b)within 12 months of the determination of a previous review unless it is
for the purpose of reviewing any direction or decision of the medical
superintendent under this Ordinance which could not have been
considered at the previous review.

59C. References to tribunals by Governor

(1) The Governor may, if he thinks fit, at any time refer to the tribunal the case
of any person to whom section 59B(1) applies.

(2) For the purpose of furnishing information to the tribunal for the purposes of
a reference under subsection (1), any registered medical practitioner authorized by or
on behalf of the patient may, at any reasonable time, visit the patient and examine
him in private and require the production of and inspect any records relating to the
detention or treatment of the patient in any hospital and relevant to the reference.

59D. Duty to refer cases to tribunal

(1) Whenever a person (other than a voluntary patient) or his relative does not
exercise his right to apply to the tribunal under section 59B(1) for a period of 12
months after the right first became available to him





(a)the medical superintendent, if the patient is liable to be detained in a
mental hospital; or

(b)the Commissioner of Correctional Services, where the patient is liable
to be detained in the Correctional Services Department Psychiatric
Centre,

shall, at the expiration of the period for making the application, refer the patient's
case to the tribunal.

(2) For the purpose of furnishing information to the tribunal for the purposes of
any reference under this section, any registered medical practitioner authorized by or
on behalf of the patent may, at any reasonable time, visit and examine the patient in
private and require the production of and inspect any records relating to the
detention or treatment of the patient in any hospital and relevant to the reference.

(3) For the purposes of subsection (1), a person who applies to the tribunal but
subsequently withdraws his application shall be treated as not having exercised his
right to apply, and where a person withdraws his application on a date after the
expiration of the period mentioned in that subsection, the medical superintendent or
as the case may be, the Commissioner of Correctional Services shall refer the
patient's case as soon as possible after that date.

(4) A medical superintendent or the Commissioner of Correctional Services
may, in the event of an application being made to the tribunal by any other person
under section 59B(1), with the leave of the tribunal, discontinue any review
proceedings brought under this section.

59E. Powers of the tribunal

(1) Where application is made to the tribunal under section 59B(1) or (2) or a
case is referred to it under section 59C(1) or 59D(1), the tribunal may

(a)direct that a patient be discharged, and where it does so the patient
shall be discharged in accordance with its direction; and

(b)make such recommendations in the matter as it thinks fit including
recommendations to the Governor and to any public officer as to the
exercise of their powers under this or any other Ordinance.

(2) In the exercise of its powers under subsection (1)(a), the tribunal shall direct
that a patient be discharged, either absolutely or subject to the imposition of
conditions under section 42B, if it is satisfied

(a)that he is not then suffering from mental disorder of a nature or
degree which makes it appropriate for him to be liable to be detained
in a mental hospital for medical treatment; or

(b)that it is not necessary for the health or safety of the patient or for
the protection of other persons that he should be so detained to
receive such treatment.





(3) In determining whether to direct the discharge of a patient, the tribunal shall
have regard

(a)to the likelihood of medical treatment alleviating or preventing a
deterioration of the patient's. condition; and

(b)to the likelihood of the patient, if discharged, being able to care for
himself, to obtain the care he needs or to guard himself against
serious exploitation.

(4) The tribunal may under subsection (1) direct the discharge of a patient on a
future date specified in the direction; and where the tribunal does not direct the
discharge of a patient under that subsection the tribunal may

(a)with a view of facilitating his discharge on a future date, recommend
that he be granted leave of absence or transferred to another mental
hospital or into guardianship; and

(b)further consider his case in the event of any such recommendation
not being complied with.

(5) Where application is made to the tribunal by or in respect of a patient who is
subject to guardianship under this Ordinance, the tribunal may in any case direct
that the patient be discharged, and shall so direct if it is satisfied

(a) that he is not then suffering from mental disorder; or

(b)that it is not necessary in the interests of the welfare of the patient, or
for the protection of other persons, that the patient should remain
under such guardianship.

59F. General provisions concerning tribunal application

(1) No application shall be made to the tribunal by or in respect of a patient
except in such cases and at such times as are expressly provided by this Ordinance.

(2) An application to the tribunal authorized to be made by or in respect of a
patient under this Ordinance shall be made by notice in writing addressed to the
tribunal.

59G. Procedure of the tribunal

(1) Rules may be made by the Chief Justice with respect to the making of
applications to the tribunal and with respect to its proceedings and matters
incidental to or consequential on such proceedings.

(2) Rules made under subsection (1) may in particular make provision

(a)for enabling the tribunal to dispose of an application without a formal
hearing where such a hearing is not requested by the applicant or it
appears to the tribunal that such a hearing would be detrimental to
the health of the patient;





(b)for enabling the tribunal to exclude members of the public, or
any specified class of members of the public, from any
proceedings of the tribunal, or to prohibit the publication of
reports of any such proceedings or the names of any persons
concemed in such proceedings;
(c)for regulating the circumstances in which, and the persons by
whom, applicants and patients in respect of whom applications
are made to a tribunal may, if not desiring to conduct their own
case, be represented for the purposes of those applications;
(d)for regulating the methods by which information relevant to an
application may be obtained by or furnished to the tribunal, and
in particular for authorizing members of the tribunal, or any one
or more of them, to visit and interview in private any patient by
or in respect of whom an application has been made;
(c)for making available to any applicant, and to any patient in
respect of whom an application is made to the tribunal, copies of
any documents obtained by or furnished to the tribunal in
connection with the application, and a statement of the substance
of any oral information so obtained or furnished except where
the tribunal considers it undesirable in the interests of the patient
or for other special reasons;
for requiring the tribunal, if so requested in accordance with the
rules, to furnish such statements of the reasons for any decision
given by the tribunal as may be prescribed by the rules, subject to
any provision made by the rules for withholding such a statement
from a patient or any other person in cases where the tribunal
considers that furnishing it would be undesirable in the interests
of the patient or for other special reasons;
(g)for conferring on the tribunal such ancillary powers as the Chief
Justice thinks necessary for the purposes of the exercise of its
functions under this Ordinance;
(h)for enabling any functions of the tribunal which relate to matters
preliminary or incidental to an application to be performed by
the chairman of the tribunal;
(i)for consolidating applications or restricting the number of
applications under section 59B which may be made within any
specified period.
(3) Subsections (1) and (2) apply in relation to references to the tribunal
as they apply in relation to applications to the tribunal by or in respect of
patients.
(4) The rules may be so framed as to apply to all applications or
references to the tribunal, or to applications or references of any specified class,
and may make different provision in relation to different cases.





(5) Any functions conferred on the chairman by the rules may, if for any reason
he is unable to act, be exercised by another member of the tribunal appointed by him
for the purpose.

59H. The tribunal: supplementary provisions

(1) The tribunal shall have power to hear, receive and examine evidence on
oath.

(2) The tribunal may, by notice under the hand of the chairman, summon any
witness and require the production of any document or record or other thing which
is relevant to the proceedings.

(3) Any person on whom a summons under subsection (2) has been served
who

(a)refuses or neglects, without sufficient cause, to appear or produce any
document, record or other thing required to be produced; or

(b) refuses to be sworn or give evidence, commits an offence and is liable
to a fine of $5,000.

(4) The tribunal may pay allowances in respect of travelling expenses,
subsistence and loss of earnings to any person attending the tribunal as an
applicant or witness, to the patient who is the subject of the proceedings if he
attends otherwise than as the applicant or a witness and to any person (other than
counsel or a solicitor) who attends as the representative of an applicant.

(5) The tribunal may, and if so required by the Governor shall, state in the form
of a special case for determination by the High Court any question of law which may
arise before it.

(Part IVA added 46 of 1988 s. 23)

PART V

GENERAL PROVISIONS

60. Saving of powers

Nothing in this Part shall interfere with or derogate from the power vested in
the Court by Part II over any person found to be a mentally disordered person.

61. Amendment of orders

(1) If after the reception of any patient into a mental hospital it appears that the
order or the medical certificate upon which he was received is defective or incorrect,
the same may at any time afterwards be amended, with the sanction of the medical
superintendent, by the person or persons signing the same.





(2) An amendment made under this section shall be effective as from the date of
the reception.

62. Application of property of a mentally

disordered person found wandering

Any movable property which may be in the possession of a mentally disordered
person found wandering at large may be sold by order of a District Judge, and the
proceeds thereof, or such part of the same as may be necessary, applied towards the
payment of the charge of the lodging and maintenance of such person and of any
other expenses incurred on his behalf.

(Amended 35 of 1969 s. 2)

63. Enforcement of cost of maintenance

(1) The Court, on the application of the Attorney General and on being satisfied
that a patient including a person who has been received into a mental hospital in
accordance with section 76 of the Criminal Procedure Ordinance (Cap. 22 1) has
property which may be applied towards his maintenance or that any person is legally
bound to maintain the patient and has sufficient means to enable him to do so, may
make an order for the recovery of the cost of the maintenance of the patient, together
with the costs of the application, out of the property of the patient or from such
person.

(2) Any order made in accordance with the provisions of subsection (1) shall be
of the same force and effect and subject to the same appeal as a judgment or order
made by the Court in any proceedings in respect of the property or of the person
therein mentioned.

64. Saving

Nothing in this Ordinance shall effect or take away from the liability of any
person to maintain a mentally disordered person.

65. Offences against patients

(1) Any attendant, nurse, servant or other person employed in a mental hospital
who ill-treats or wilfully neglects any patient shall be guilty of an offence and shall
be liable on summary conviction to a fine cif $5,000 and imprisonment for 2 years.
(Amended 46 of 1988 s. 24)

(2) Without prejudice to section 125 of the Crimes Ordinance (Cap. 200), any
man who is an officer on the staff of, or is otherwise employed in

(a)a mental hospital, and has unlawful sexual intercourse with a woman
who is detained in that hospital;





(b)the Correctional Services Department Psychiatric Centre and has
unlawful sexual intercourse with a woman who is detained in that
Centre; or

(c)a mental hospital or general hospital, and has unlawful sexual
intercourse with a woman is receiving treatment for a mental disorder
in the mental hospital or the psychiatric unit of the general hospital,
where such intercourse takes place on the premises of the mental
hospital or psychiatric unit or on premises of which the mental
hospital or psychiatric unit forms part,

commits an offence and shall on conviction on indictment be liable to imprisonment
for 5 years. (Replaced 46 of 1988 s. 24)

(3) Consent shall not be a defence in any proceedings for an offence under
subsection (2) if the accused knew, or had reasonable grounds to suspect at the time
when intercourse took place, that the woman with whom he had sexual intercourse
was such a woman as is described in paragraph (a), (b) or (c) of that subsection.
(Replaced 46 of 1988 s. 24)

(4) If on the trial of any person for rape the Court or jury is satisfied that the
accused is guilty of an offence under subsection (2) but are not satisfied that he is
guilty of rape, the Court or jury shall acquit him of rape and shall find him guilty of
an offence under subsection (2).

65A. Sexual intercourse with a woman
under guardianship

Any man who has unlawful sexual intercourse with a woman who is received
into guardianship pursuant to an application under section 33, being a woman

(a) of whom he is the guardian; or

(b) who is otherwise in his custody or care under this Ordinance, commits
an offence and shall on conviction on indictment be liable to imprisonment for 5
years.

(Added46of 1988s. 25)

66. Construction of laws

Whenever in any written law or other document whatsoever any reference to a
lunatic asylum or asylum or mental hospital is contained, that reference shall be read
as a reference to a mental hospital.

(Amended46of 1988s. 26)

67. Medical orders or certificates

Every order or certificate of a medical officer or a registered medical practitioner
shall be evidence of the facts therein appearing and of the judgment





therein stated to have been formed by the person certifying on such facts, as if the
matters therein appearing had been verified on oath.

68. Copy of reception order to he sent to the
person in charge of the mental hospital

The Court making an order under section 26 or a District Judge, magistrate or
justice of the peace making an order under section 31 shall forthwith send a certified
copy of the order to the medical superintendent of the mental hospital into which
any person is ordered to be received.

(Amended 35 of 1969 s. 2; 50 of 1969 s. 3)

68A. Duty to give information to detained patients

The medical superintendent of every mental hospital, and the Superintendent of
the Correctional Services Psychiatric Centre, shall take such steps as are reasonably
practicable to ensure that every patient in the hospital or the Centre, as the case may
be, and a relative of every patient, understand

(a)under which of the provisions of this Ordinance the patient is for the
time being detained and the effect of that provision;

(b)what rights of applying to the tribunal are available to the patient in
respect of his detention under that provision; and

(c) what rights are available to the patient to apply for his discharge, and
those steps shall be taken as soon as practicable after the commencement of the
patient's detention under the provision in question.

(Added46of 1988s. 27)

69. Protection of persons carrying out
the provisions of this Ordinance

(1) Where a person has made application for the removal or detention of any
person under the provisions of this Ordinance, or signed or carried out, or done any
act with a view to signing or carrying out, an order purporting to be an order for
removal or detention, or any report, application, recommendation, or certificate
purporting to be a report, application, recommendation, or certificate under this
Ordinance, or has done anything or given any advice in a professional capacity in
pursuance of this Ordinance, he shall not be liable to any civil or criminal
proceedings whether on the ground of want of jurisdiction or on any other ground
unless he has acted in bad faith or without reasonable care.

(2) No proceedings, civil or criminal, shall be brought against any person in any
Court in respect of any such matter as is mentioned in subsection (1), without the
leave of the Court, and leave shall not be given unless the Court is





satisfied that there is substantial ground for the contention that the person, against
whom it is sought to bring the proceedings, has acted in bad faith or without
reasonable care.

(3) Notice of any application under subsection (2) shall be given to the person
against whom it is sought to bring the proceedings, and that person shall be entitled
to be heard against the application.

70. Penalty for improper reception or detention

(1) Subject to the provisions of section 69 any person who

(a)otherwise than in accordance with the provisions of this Ordinance
receives or detains in a mental hospital a person who is or is alleged
to be a mentally disordered person; or

(b)for gain detains in any place not being a mental hospital 2 or more
mentally disordered persons,

shall be guilty of an offence and shall be liable on summary conviction to a fine of
$20,000 and to imprisonment for 2 years. (Amended 46of 1988s. 28)

(2) No prosecution under this section shall be instituted except by or with the
consent of the Attorney General.

(3) Nothing in this section shall prevent any general hospital or nursing home
which has been recognized as such by the Director of Hospital Services from
receiving and treating any person who is in need of and is desirous of receiving
psychiatric treatment. (AmendedL.N. 76 of 1989)

71. Powers of a District Judge and a magistrate

For the purpose of the exercise of the power conferred by section 31 a District
Judge and a magistrate may exercise the powers conferred on a magistrate by the
Magistrates Ordinance (Cap. 227) of requiring the attendance before him of any
person who may be able to assist him in the exercise of such power and of receiving
on oath the evidence of any person.

(Added50of1969s.4. Amended46of 1988s. 29)

71A. Warrant to search for and remove patients

(1) If it appears to a magistrate on information on oath laid by any person who
is authorized under this Ordinance to take a patient to any place, or to take into
custody or retake a patient who is liable under this Ordinance to be so taken or
retaken

(a)that there is reasonable cause to believe that the patient is to be
found on any premises; and

(b)that admission to the premises has been refused or that a refusal of
such admission is apprehended,





the magistrate may issue a warrant authorizing any police officer or other
person named in the warrant to enter the premises and remove the patient.
(2) If it appears to a magistrate, on information on oath laid by an
approved social worker, that there is reasonable cause to suspect that a person
believed to be suffering from mental disorder-
(a)has been, or is being, ill-treated, neglected or kept otherwise than
under proper control; or
(b)is in need of care or control and, in his own interests or for the
protection of other persons, may need to be taken to a place of
safety,
the magistrate may issue a warrant authorizing any police officer or other
person named in the warrant to enter any premises specified in the warrant in
which that person is believed to be, and, if thought fit, to remove him to a place
of safety.
(3) In the execution of a warrant issued under subsection (1) or (2) the
person named in the warrant-
(a)shall, unless he is an approved social worker or a community
psychiatric nurse, be accompanied by an approved social worker
or by a community psychiatric nurse; and
(b)may use such reasonable force as may be necessary to enter the
premises and remove the patient.
(4) In this section, a 'place of safety' means the accident and emergency
department of any general hospital.
(Added46of 1988s. 30)

71B. Mentally disordered persons found
in need of care or control

(1) If a police officer finds in any place a person whom he reasonably
believes to be suffering from mental disorder and to be in immediate need of
care or control, the officer may, notwithstanding the provisions of section 51 of
the Police Force Ordinance (Cap. 232), take that person into custody and
remove him forthwith to a place of safty if the officer thinks it necessary to do
so in the interests of that person or for the protection of other persons.
(2) A person who is in, or is removed under this section to, a place of
safety may be detained there for a period not exceeding 24 hours for the
purpose of enabling him to be examined by a registered medical practitioner
and of making necessary arrangements for his treatment and care.
(3) Such force as is reasonably necessary may be used for the purposes of
taking a person into custody and removing him to a place of safety, and for
detaining him there, under this section.
(4) In this section a 'place of safety' means the accident and emergency
department of any general hospital.





(5) Nothing in subsection (1) shall confer upon any police officer a right to
enter upon any premises.

(Added46of 1988s. 30)

72. Power to make regulations

(1) The Governor in Council may by regulation provide for-

(a)the powers and duties of medical superintendents and other persons
employed in mental hospitals;

(b)the forms required for the carrying out of the provisions of this
Ordinance and of any regulations made under this section;

(e) the books and records to be kept in mental hospitals;

(d)the conditions and circumstances under which mechanical means of
restraint or seclusion may be applied to patient;

(e)any fees to be charged under this Ordinance or such regulations; the
amounts which may be charged for the maintenance of patients;

(g)regulating the exercise by guardians of patients received into
guardianship under Part 111 of their powers as such; (Replaced
46of1988s.31. Amended L.N. 42 of1989)

(h)imposing on such guardians and on public officers such duties as
may be necessary or expedient in the interests of patients; (Added46
of 1988 s. 31)

(i)any matter which may be prescribed under the regulations by
section35(4); (Added46of 1988s. 31)

(j)the application of Part Ill to a patient transferred in the manner
described in section35(4); (Added46of 1988s. 31)

(k)any matters required or permitted to be prescribed by this
Ordinance;and (Added46of 1988s. 31)

(1)generally, the carrying into effect of the provisions of this Ordinance.
(Added46of 1988s. 31)

(2) Such regulations may provide that the contravention of any regulation shall
constitute an offence and may prescribe penalties for any offence not exceeding a
fine of $1,000 and imprisonment for 6 months.

(3) Regulations under subsection (1)(g) and (h) may in particular make provision
for requiring the patients to be visited on behalf of the Director of Social Welfare, on
such occasions or at such intervals as may be prescribed and may provide for the
appointment, in the case of every patient subject to the guardianship of a person
other than the Director of Social Welfare, of a registered medical practitioner to act as
the medical attendant of the patient. (Added46of 1988s. 31)

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/2656

Edition

1964

Volume

v11

Subsequent Cap No.

136

Number of Pages

52
]]>
Tue, 23 Aug 2011 18:09:43 +0800
<![CDATA[MERCHANT SHIPPING (RECRUITING OF SEAMEN) (SERVICE RECORD BOOKS) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2655

Title

MERCHANT SHIPPING (RECRUITING OF SEAMEN) (SERVICE RECORD BOOKS) REGULATIONS

Description






MERCHANT SHIPPING (RECRUITING OF SEAMEN)
(SERVICE RECORD BOOKS) REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation.................................. Page

1..........Citation ......................... ... ... ... ... ... ... ... ... A 2
2..........Interpretation ................... ... ... ... ... ... ... ... ... A 2

3. Application for service record books ... ... ... ... ... ... ... ... A 2

4...................Issue of service record books ... ... ... ... ... ... ... ... ... A 2

5..........................Form and content of service record books ... ... ... ... ... ... A 3

6.....................Entries in service record books ... ... ... ... ... ... ... ... A 3

7. Authorization of persons to make or correct entries in service record books A 4

8........................Notification of entries and alterations ... ... ... ... ... ... ... A 4
9........................Alterations in service record books ... ... ... ... ... ... ... A 4
10.......................Production of service record books ... 1 . ... ... ... ... ... A 4

11....................Delivery of service record books ... ... ... ... ... ... ... ... A 4

12. Effect of loss, etc. of service record books ... ... ... ... ... ... ... A 5
12A. Effect of lack of space in service record book ... .. 1 ... ... ... ... A 5
12B. Issue of renewed service record books ... ... ... ... ... ... ... A 5

13. Notification of errors in service record books ... ... ... 1 ... ... A 6

14....................Surrender of service record book ... ... ... ... ... ... ... ... A 6

15.........Penalty .......................... ... ... ... ... ... ... A 6

16.......Savings ............................ ... ... ... ... ... ... ... ... A 7

17...........Payment of fees ................ ... ... ... ... ... ... ... ... ... A 7

18..................Alteration of First Schedule ... ... ... ... ... ... ... ... ... A 7

First Schedule. Forms ......................... ... ... ... ... ... ... ... A 7

Second Schedule. Particulars to be recorded in and contents of Service Record Books A 9

Third Schedule....Fees ........................... ... ... ... ... ... ... ... A10





MERCHANT SHIPPING (RECRUITING OF SEAMEN)
(SERVICE RECORD BOOKS) REGULATIONS

(Cap. 135, section 14B.)

[]6th May. 1975.1

1. These regulations may be cited as the Merchant Shipping

c

(Recruiting of Seamen) (Service Record Books) Regulations.

2. (1) In these regulations, unless the context otherwise requires

-proper officer' means a United Kingdom consular officer and the
superintendent of a Mercantile Marine Office in a port in the
Commonwealth.

(2) A seaman to whom a service record book has been issued is
referred to in these regulations as the holder of it.

3. (1) Every seaman who-

(a) is ordinarily resident in Hong Kong,

(b)is qualified under section 7(2) of the Ordinance to have his
name entered in Part 1 of the register: and

(c) is riot a holder of a service record book,

.,dial) apply for a service record book.

(2) An application for a service record book shall be made in
person to the Superintendent in Form 1 in the First Schedule and the
applicant shall submit with the application

(a)the latest service record book previously held by him (if any).
unless it has been lost or destroyed:

(b)one copy each of a recent head and shoulders full face and
side face black and white photograph of himself measuring
not more than 45 mm by 40 mm and not less than 40 mm by 30
mm

(c)such documents and other evidence as the Superintendent
may require for the proper consideration of the application.

4. The Superintendent shall on receipt of-

(a)an application fora ,er,,ice record book under regulation 3 a rid

(b) the fee prescribed in the Third Schedule.

issue a service record book to the applicant.





5. A service record book shall be in book form and shall provide for
there to be recorded in it from time to time, in relation to its holder,
statements of the following particulars

(a) those specified in the Second Schedule;

(b)the name of each ship in which he is employed, its port of
registry, official number and gross or register tonnage, the
capacity in which he is employed in the ship, the date on which
and the place at which he begins to be so employed, and the
description of each voyage and the date and place of his
discharge;

(e)dates of any period for which he is working or standing by,
any period of paid leave, any period of unpaid leave, any
period of sickness and any period of study leave, and the
certificates for which the study is undertaken;

(d)dates and nature of training courses (including pre-sea training
courses) he attends and the certificates or other qualifications
(if any) obtained; and

(e) records of tests of his eyesight.

6. (1) Subject to regulation 7, entries in a service record book of the
particulars referred to in

(a)paragraphs (a), (b), (c), (d) and (e) of regulation 5 may be made
or corrected by the Superintendent or by a public officer
authorized by him in that behalf;

(b)items 2, 11, 14, 16, 21, 22 and 23 of the Second Schedule may be
made or corrected by a proper officer;

(c)paragraphs (b) and (c) of regulation 5 may be made by the
master of the ship in which the holder is employed or by one of
the ship's officers authorized by the master in that behalf

(d)items 2 and 14 of the Second Schedule may be made or
corrected by the master of the ship in which the holder is
employed;

(e)paragraph (c) of regulation 5 may be made by the seaman's
employer,

and by no other person.

(2) Entries in a service record book of the particulars referred to in
paragraph (b) of regulation 5 relating to the ship, the capacity in which
the seaman is employed, and the date on which and the place at which
the employment begins shall be made at the time the seaman signs the
Articles of Agreement.

(3) Any person authorized by paragraph (1) to make or correct an
entry in a service record book shall, upon the service record book being
produced to him for that purpose, make the entry unless an entry of the
same particulars appears to have been duly made in it.





7. Notwithstanding regulation 6, the Superintendent may, if he
thinks fit, on application authorize any person, other than a person
already authorized by regulation 6, to make or correct such entry in a
service record book as is specified in the application.

8. (1) Where under these regulations any person, other than the
Superintendent or a public officer authorized by him, makes an entry, or
in any manner corrects an entry, in a service record book he shall report
the entry or correction to the Superintendent.

(2) A report under paragraph (1) may be submitted in Form 2 in the
First Schedule.

9. (1) No person other than a person authorized by regulation 6 or 7
shall make any mark or entry upon, or erase, cancel or alter any mark or
entry made upon or otherwise deface or destroy a service record book.

(2) Any person who contravenes paragraph (1) shall be guilty of an
offence.

10. (1) The holder of a service record book shall produce it on
demand at any time

(a) to the Superintendent;

(b)to his employer and to the master of the ship in which the
holder is employed; or

(c)to any other person authorized by regulation 6(1) or under
regulation 7 to make or correct an entry in it for the purpose of
making or correcting that entry,

whether or not such demand is made in Hong Kong.

(2) (Deleted, L.N. 221781

(3) The holder of a service record book who fails to produce it when
required to do so in accordance with paragraph (1) shall be guilty of an
offence.

11. (1) A master in Hong Kong who is in possession of a service
record book issued to a seaman

(a)who is not present when he is discharged, shall deliver it to
the Superintendent within 48 hours after the discharge or as
soon as practicable thereafter;

(b)who has died, shall deliver it to the Superintendent at the time
he makes a return of that seaman's death.

(2) Any person in Hong Kong other than a master who is in
possession of a service record book issued to a seaman shall,
immediately after he becomes aware that the seaman has been
discharged from any ship, left behind in any country or has died, deliver
it to the Superintendent.





(3) A master, or other person, outside Hong Kong who is in
possession of a service record book issued to a seaman

(a) who is not present when he is discharged;

(b) who is left behind in any country; or

(e) who has died,

may-

(i) deliver it to the proper officer for the place in which the seaman
is discharged, left behind or dies; or

(ii) send it by post to the Superintendent.

(4) Any person who contravenes paragraph (1) or (2) shall be guilty
of an offence.

12. (1) When his service record book is lost, destroyed or defaced,
a seaman shall cease to be regarded as the holder of a service record
book and shall, if the conditions specified in regulation 3(1)(a) and (b)
are satisfied, apply for a new service record book under that regulation.

(2) When a service record book is issued to replace another such
book as provided for by paragraph (1) it shall contain all the entries
made in the book it replaces other than any entries which the
Superintendent sees fit to omit.

12A. (1) When the space provided in his service record book for
entries of any particulars referred to in paragraph (b) of regulation 5 is
filled up, a seaman shall apply as soon as possible to have the service
record book renewed.

(2) An application for the renewal of a service record book under
paragraph (1) shall be made in person to the Superintendent and the
applicant shall deliver to the Superintendent

(a) the service record book presently held by him;

(b)one copy each of a recent head and shoulders' full face and
side face black and white photograph of himself measuring not
more than 45 mm by 40 mm and not less than 40 mm by 30 mm;
and

(e)any further documents or information requested by the
Superintendent.

12B. The Superintendent shall on receipt of

(a)an application for renewal of a service record book under
regulation 12A; and

(b) the fee prescribed in the Third Schedule, issue a renewed
service record book to the applicant.





13. (1) If it appears to the holder thereof that any entry in a service
record book is not correct, he shall forthwith inform the Superintendent.

(2) Any seaman who contravenes paragraph (1) shall be guilty of
an offence.

14. (1) If it appears to the Superintendent that-

(a)the holder of a service record book was not entitled to the
service record book at the time it was issued to him; or

(b)a service record book is in the possession of a person other
than the person to whom it was issued,

the holder or other person who is in possession of the service record
book shall, on demand made by the Superintendent, surrender it to him.

(2) Where-

(a)the name of a holder of a service record book is removed from
the register under Part IV of the Ordinance; or

(b)the registration of a holder of a service record book is
suspended under Part IV of the Ordinance; or

(e)a notice under section 19(1) of the Ordinance has been served
on the holder of a service record book,

the holder or other person who is in possession of the service record
book shall. on demand made by the Superintendent, surrender it to him.

(2A) Where a service record book is surrendered to the
Superintendent by virtue of paragraph (2)(c), the Superintendent may

(a) retain the book for 3 months; and

(b)upon the expiry of that period, retain the book for a further
period of 3 months, if, before the expiry of the firstmentioned
period, he had notified the holder of his intention to retain the
book for the further period and had advised the holder of his
right of appeal under paragraph (2B).

(2B) Any former holder of a service record book that has been
surrendered to the Superintendent by virtue of paragraph (2)(c) and who
is aggrieved by the decision of the Superintendent to retain that book
for a further period of 3 months under paragraph (2A)(b) may appeal
against that decision to the Governor by way of petition.

(3) Any person who fails to comply with any demand under
paragraph (1) or (2) shall be guilty of an offence.

15. Any person guilty of an offence under these regulations shall
be liable on conviction to a fine of $2,000.





16. A seaman's discharge book issued in the form contained in the
revoked Merchant Shipping (Mercantile Marine Office) (Fees and
Forms) Regulations and valid at the commencement of these regulations
shall be deemed to be a service record book issued under these
regulations.

17. The fees specified in the Third Schedule shall be paid to the
Superintendent.

18. The Superintendent may alter any Form in the First

Schedule as he thinks fit.

FIRST SCHEDULE
FORM 1 [reg. 3(2).]
APPLICATION FOR SERVICE RECORD BOOK

To

The Superintendent of the Seamen's Recruiting Office, Hong Kong.


1 hereby apply for a Hong Kong Seaman's Service Record Book under (MR
(man

regulation 3 of the Merchant Shipping (Recruiting of Seamen) (Service Record


Books) Regulations.

I am ordinarily resident in Hong Kong and am qualified under section 7(2) k 9
of the Merchant Shipping (Recruiting of
Seamen) Ordinance to have my name
entered in Part 1 of the register of seamen.


My particulars are as follows


1. Full name (in block letters):

2. Full name (in Chinese characters with commercial code number):

3. Home address:

Home telephone number (if any):

4. Ship's department:

5. Date of birth: Day Month Year

6. Place of birth (claimed by applicant):
Number of Birth Certificate (if any):





7. Height: Feet Inches



8. Colour of eyes:


9. Marks or other distinguishing features (if any):

10. Number of Hong Kong Seaman's Service Record Book previously held
or issued: (if not state 'NONE')


11. Hong Kong Identity Card Number:

12. Hong Kong Seaman's Identity Book Number:

Date of issue:

PARTICULARS OF NEXT-OF-
KIN

13. Name of next-of-kin: Hong Kong Identity
Card Number:
14. Relationship:

15. Address of next-of-kin (in full):

I declare that to the best of my knowledge the above particulars are true.


Signature, or mark and left thumbprint.


The signature or mark must be made in the presence of the officer receiving

this application.


FOR OFFICIAL USE


1 hereby certify that 1 have checked and, as far as possible, verified the particulars
(including the photographs) in this application and issued Hong -Kong Seaman's
Service Record Book No . ................................................

0749 ................ R

Date .................................

19

...........................

(Signature)


Superintendent of the Seamen's Recruiting Office. (Officer
authorized under the law of Hong Kong to issue Hong Kong
Seaman's Service Record Books.)




Fee for a Hong Kong Seaman's Service Record Book W
0 re c

paid; receipt No . ............................

Fee for endorsing...........entries @51.30 1
............................

A 9

paid; receipt No . ......................................................



FORM 2 [reg.

REPORT OF CHANGE OF
PARTICULARS

IN

HONG KONG SEAMAN'S SERVICE RECORD BOOK

To

The Superintendent of the Seamen's Recruiting Office, Hong Kong.

As required by regulation 8 of the Merchant Shipping (Recruiting of
Seamen) (Service Record Books) Regulations, 1 wish to report that on the
day of 19 1 made *an correction
of an entry particulars of which are as follows-

1. Hong Kong Seaman's Service Record Boo', No.:

2. Name of Seaman:

3. Rank of Seaman:

4. Details of *entry/correction of entry (including details of original entry):

(Signed) ................................................ Name
and designation .............................. (if master
or officer

of a ship include
ship's name)

*Delete whichever is inapplicable.

SECOND SCHEDULE[regs. 5, 6,
8 12.1

Particulars to be recorded in and contents of Service Record Books

1.The name of the person to whom a service record book is issued (In English
and (where applicable) in Chinese with commercial code number).

2. His home address,

3. The date and place of his birth.

4. If a married woman, her maiden surname and date of her marriage.





5. The colour of his eyes.

6. His distinguishing marks (if any).

7. His height.

8. The number of his previous service record book (if any).

9. Signature of issuing authority and date of issue.

10. Particulars and date of Part IV register listings and cancellations.

11.The grade, number and date of issue of any certificate of competency held by
him.

12.Any pension fund of which he may be a member and his registered number
therein.

13.In the case of cadet, the name of his employer and whether he is a navigating
or engineer cadet.

14. The name, relationship and address of his next-of-kin.

15.Date and rating on registration and any change in his rating with date of such
change.

16.Record of his medical examinations (including eyesight tests and X-ray
examinations).

17. His Hong Kong Identity Card Number.

18. His Hong Kong Seaman's Identity Book number.

19. His photographs.

20. His thumbprints and signature or mark.

21. Name of ship and description of voyage.

22. Date and place of engagement.

23. Date and place of discharge.

24. Endorsements.

THIRD SCHEDULE [regs. 4, 12B 17.]
Fees

1...................................For issue of a service record book under regulation 4 15.00
2...................................For renewal of issue of a service record book under regulation 12B 15.00
3...................................For copying a complete service record into a service record book
consequent to the loss, destruction or defacement of a previously

issued service record book .......1.30

4. For any entry of voyage or other official endorsement in a service

record book ......................1.30

Note: The fee at item 4 is not chargeable for any endorsement which

(a)relates to a particular voyage and is made at the time of engagement
for or dischar e from the voyage or at some later date provided an
official certificate of discharge is produced to the Superintendent; or







(b) is required by the Superintendent; or

(c) relates to item 2 or 14 of the Second Schedule; or

(d)constitutes an alteration to an criginal entry and is made by the
Superintendent or a proper officer or by a public officer authorized
by the Superintendent to make such an endorsement.
L.N. 114/75. L.N. 22/78. L.N. 213/78. Citation. Interpretation. L.N. 22/78. Application for service record books. First Schedule. L.N. 22/78. Issue of service record books. Third Schedule. Form and content of service record books. Second Schedule. Entries in service record books. L.N. 22/78. Second Schedule. L.N. 22/78. Authorization of persons to make or correct entries in service record books. L.N. 22/78. Notification of entries and alterations. L.N. 22/78. First Schedule. Alterations in service record books. Production of service record books. L.N. 22/78. Delivery of service record books. Effect of loss, etc. of service record books. L.N. 22/78. Effect of lack of space in service record book. L.N. 22/78. Issue of renewed service record books. L.N. 22/78. Third Schedule. Notification of errors in service record books. Surrender of service record book. L.N. 213/78. L.N. 213/78. Penalty. Savings. (Cap. 281, sub. leg. 1969 Ed. p. M1) Payment of fees. Third Schedule. Alteration of First Schedule. L.N. 22/78. L.N. 22/78. L.N. 22/78.

Abstract

L.N. 114/75. L.N. 22/78. L.N. 213/78. Citation. Interpretation. L.N. 22/78. Application for service record books. First Schedule. L.N. 22/78. Issue of service record books. Third Schedule. Form and content of service record books. Second Schedule. Entries in service record books. L.N. 22/78. Second Schedule. L.N. 22/78. Authorization of persons to make or correct entries in service record books. L.N. 22/78. Notification of entries and alterations. L.N. 22/78. First Schedule. Alterations in service record books. Production of service record books. L.N. 22/78. Delivery of service record books. Effect of loss, etc. of service record books. L.N. 22/78. Effect of lack of space in service record book. L.N. 22/78. Issue of renewed service record books. L.N. 22/78. Third Schedule. Notification of errors in service record books. Surrender of service record book. L.N. 213/78. L.N. 213/78. Penalty. Savings. (Cap. 281, sub. leg. 1969 Ed. p. M1) Payment of fees. Third Schedule. Alteration of First Schedule. L.N. 22/78. L.N. 22/78. L.N. 22/78.

Identifier

https://oelawhk.lib.hku.hk/items/show/2655

Edition

1964

Volume

v11

Subsequent Cap No.

135

Number of Pages

10
]]>
Tue, 23 Aug 2011 18:09:42 +0800
<![CDATA[MERCHANT SHIPPING (RECRUITING OF SEAMEN) ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/2654

Title

MERCHANT SHIPPING (RECRUITING OF SEAMEN) ORDINANCE

Description






LAWS OF HONG KONG

MERCHANT SHIPPING OF SEAMEN)

ORDINANCE

CHAPTER 135





CHAPTER 135

MERCHANT SHIPPING (RECRUITING OF SEAMEN)
ORDINANCE

ARRANGEMENT OF SECTIONS

Section .................................Page

PART I
SHORT TITLE AND INTERPRETATION

1. Short title..................... ... ... ... ... ... ... ... ...

2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... 5

PART 11
APPOINTMENT OF SEAMEN's RECRUITING AUTHORITY AND ESTABLISHMENT
OF SEAMEN'S RECRUITING OFFICE AND ADVISORY BOARD

3.............................Appointment of Seamen's Recruiting Authority ... ... ... ... ... 7

4..........................Establishment of Seamen's Recruiting Office ... ... ... ... ... ... 7

5...............................Establishment of Seamen's Recruiting Advisory Board ... ... ... ... 7

PART III
REGISTRATION OF SEAMEN

6. Register of seamen.......... ... ... ... ... ... ... ... ... ... ... 8

7.............Part 1 of register ............ ... ... . ... ... ... ... ... 8

8..........[Repealed] ....................... ... ... ... ... ... ... ... ... 9

9. Part III of register........ ... ... ... ... ... ... ... ... ... ... 10
10. Part IV of register ........ ... ... ... ... ... ... ... ... ... ... 10

11..............................Disqualification for entry of seaman's name in register ... ... ... ... 11

12.....................Particulars to be entered in register ... ... ... ... ... ... ... ... 11

13.................Change of seaman's rating ... ... ... ... ... ... ... ... ... ... 12

14. Power of Authority to direct that name of seaman whose name has been

removed from register be restored to Part 1 of register ... ... ... 12

PART IIIA
SERVICE RECORD BOOKS

14A..................Seamen's service record books ... ... ... ... ... ... ... ... ... 13

413........Regulations ...................... ... ... ... ... ... ... ... ... 13

PART IV
BOARDS OF REFERENCE AND REMOVAL OR
SUSPENSION
OF SEAMEN FROM REGISTER

15..............Appointment of panel ..... ... ... ... ... ... ... ... ... ... ... 13
16..............Boards of Reference ......... ... ... ... ... ... ... ... ... ... 13

17. Removal of seaman's name from register by Superintendent ... ... ... 14





Section page

17A. Suspension for desertion or failure to join ship ... ... . ... ... 15

17B. Suspension on medical grounds ... ... ... ... ... ... ... ... ... ... 15

is. Suspension of seaman's registration by Superintendent ... ... ... ... ... 16

... ... ... ... ... ... ... ... ... ... ... ... 17

20. Appeal against suspension of seaman's registration under section 18(1)(i) 17

21. Authority to refer cases to Board of Reference ... ... ... ... ... ... 18

presciibed period ... ... ... ... ... ... ... ... ... ... ... 18

23. Hearings in absence of seaman ... ... ... ... ... ... ... ... ... ... 19

24. Practice and procedure upon hearing of appeal or referred case ... ... ... 19

25. Majority, decision to be decision of Board of Reference with certain exceptions 21

26. Determination of appeal under section 20 ... ... ... ... ... ... ... 21

notice to be given to licensed company and Deputy Naval Store Officer in certain
cases ... ... ... ... ... ... ... ... ... ... 22

28. Determination of cases referred to the Authority under section 17(3) ... ... 22

29. Determination of cases referred to the Authority under section 18(1)(ii) ... 23

30.Right of seaman to make representations to Board of Reference with respect
to exercise of Board's powers under section 28(1) or ... ... ... ... 23

31. Seaman to be notified of decision of Board of Reference on referred case and
notice to be given to licensed company and Deputy Store Officer in certain
cases ... .. ... ... ... ... ... ... ... ...

32. Appeal to judge of High Court on point of law ... ... ... ... ... ... 24

cases following appeal under section 32 ... ... ... ... ... 25

PART V

CONTROL OF RECRUITMENT, ENGAGEMENT AND SUPPLY OF SEAMEN FOR
SERVICE ICE IN FOREIGN-GOING SHIPS, AND PROCEDURE IN AND

IN CONNEXION WITH SUPPLY OF SEAMEN BY
SEAMEN'S RECRUITING OFFICE
34. Control of recruitment, engagement and supply of seamen ... ... ... 25

35. Power of Director of Marine to refuse to issue port clearance, and detention

of ship, in certain cases ................ ... ... ... ... ... ... ... 27

36............................Supply of seamen by Seamen's Recruiting Office ... ... ... ... ... 27

37.................................Seamen may volunteer services if Superintendent permits ... ... ... 28

38. Procedure on supply of seamen through Seamen's Recruiting Office, etc.,







otherwise than in urgent cases ........... ... ... ... ... ... ... 28

39. Procedure on engagement of seaman recruited through Seamen's Recruiting

Office for service in a ship other than a Royal Fleet Auxiliary ship 29

40. Re-engagement 30

of seaman ... ... ... ... ... ... ... ... ... ... ...

40A.........................Notice of intention not to re-engage seaman ... ... ... ... ... ... 31

41. Return of engagement and re-engagement cards to Superintendent and

payment of fees by shipowner, etc........ ... . ... ... ... ... ...





Section Page

42. Procedure on engagement of seaman recruited through Seamen's Recruiting

Office for service in Royal Fleet Auxiliary ship ... ... ... ... 32

43. Procedure where Superintendent permits seaman to offer himself for service

in a foreign-going ship other than a Royal Fleet Auxiliary ship ... ... 33

44. Procedure where Superintendent permits seaman to offer himself for service

in a Royal Fleet Auxiliary ship ... ... ... ... ... ... ... ... ... 35

45. Procedure on emergency engagement of seaman under section 34(8) ... ... 36

46. Procedure on emergency engagement of seaman under section 34(8) by

Royal Fleet Auxiliary recruiting officer ... ... ... ... ... ... ... ... 38

PART VI
LICENSING AND CONTROL OF CREW
DEPARTMENTS

47........................Licences to maintain crew departments ... ... ... ... 1 . ... 39
48........................Application for grant or renewal of licence ... ... ... ... ... ... 40

49. Authority may require company applying for grant or renewal of licence to

furnish additional information . ........... 40
50...................................Grounds on which grant or renewal of licence may be refused ... ... 40

51..........................Notice of refusal to grant or renew licence ... ... ... ... 4 42

52. Licensed company to notify Superintendent of intention not to renew licence 42

53..............Cancellation of licence ...... ... ... ... ... ... ... ... ... ... ... 43

54..........................Appeal against certain decisions of Authority ... ... ... ... ... ... 44

55. Restriction on ships for service in which licensed crew department may

supply seamen ........................... ... ... ... ... ... ... 44

56..............................Restriction on supply of seamen by licensed company ... ... ... ... 45

57..............Crew department I list ....... ... ... ... ... ... ... ... ... 45

58. Superintendent may require seaman's name to be restored to crew department

list .................................... ... ... ... ... 46

59. Records of seamen waiting to be supplied for service in foreign-going ships 46
60. Certain notices and other documents to be displayed in licensed crew

department .............................. ... ... ... ... ... ... ... 47

61.........................................Approval of methods used in licensed crew department to select seamen 49

62...................................Fee payable on supply of seaman by licensed crew department ... ... 49

63. Procedure on supply of seaman by licensed company, etc., otherwise than in

emergency ............................... ... ... ... ... ... ... 49







64...................................Re-engagement of seamen through licensed crew department ... ... so

65. Licensed company to deliver engagement cards, etc. to Superintendent and

payment of fees ......................... ... ... ... ... ... ... ... 51

66. Procedure on supply of seaman by licensed company pursuant to section 56(3) 52
67. Changes in staff of licensed crew department to be notified to Authority 53

68. Particulars of seamen supplied by licensed company to be delivered to

Superintendent ....................... ... ... ... ... ... ... ... 54

69. Changes in particulars of licensed crew department to be notified to Authority 54

70. Display of names of crew department staff ... ... ... ... ... ... ... 54





Section Page

71.Approval of methods used by licensed company to pay allotments and

remittances .......................... ... ... ... ... ... ... ... ... 54

72................Advances of wages ........... ... ... ... ... ... ... ... 1. 55

73...........Corruption .................... ... ... ... ... ... ... ... ... ... 55

PART VII
SUPPLY OF SEAMEN BY ROYAL FLEET AUXILIARY RECRUITING OFFICER
FOR SERVICE IN ROYAL FLEET AUXILIARY SHIPS

74. Restriction on supply of seamen by Royal Fleet Auxiliary recruiting officer 56
75. Crew department list to be kept by Royal Fleet Auxiliary recruiting officer 57
76. Superintendent may require seaman's name to be restored to crew department

list kept by Royal Fleet Auxiliary recruiting officer ... ... ... ... 57

77. Record of seamen waiting to be supplied for service in Royal Fleet Auxiliary

ships .................................... ... ... ... ... ... ... 58

78. Certain notices and other documents to be displayed in crew department

managed by Royal Fleet Auxiliary recruiting officer ... ... ... ... 58

79. Approval of methods used to select seamen in crew department managed by

Royal Fleet Auxiliary recruiting officer ... ... ... . ... 59

80. Fees payable on supply of seamen by Royal Fleet Auxiliary recruiting officer 59
81. Procedure on supply of seaman by Royal Fleet Auxiliary recruiting officer

etc., otherwise than in emergency ....... ... ... ... ... ... ... ... 59

82. Re-engagement of seamen through Royal Fleet Auxiliary recruiting officer 60
83. Royal Fleet Auxiliary recruiting officer to deliver engagement cards, etc, to

Superintendent and payment of fees .... ... ... ... ... ... 61

84. Procedure on supply of seaman by Royal Fleet Auxiliary recruiting officer

pursuant to section 74(3) ............... ... ... ... ... ... ... 61

85. Particulars of seamen supplied by Royal Fleet Auxiliary, recruiting officer to

be delivered to Superintendent . 1. . . ... ... ... ... 63

86. Approval of methods used in crew department managed by Royal al Fleet

Auxiliary recruiting officer to) pay allotments and remittances ... ... 63

PART VIII
SUPPLEMENTARY AND
MISCELLANFOUS

87...............................Entry to premise,.;, etc. and power to search, seize. etc . ... 63

88.....................Power of Authority to prescribe forms ... ... ... ... ... ... ... 64

89..........................Delegation of powers, etc. by Superintendent ... ... ... ... ... ... 64
90..........................Service of notices and documents on seamen ... ... ... ... ... ... 65







91...................False statement or information ... ... ... ... ... ... ... 65

Schedule....................................... ... ... ... ... ... ... ... ... ... 65





CHAPTER 135

MERCHANT SHIPPING (RECRUITING OF SEAMEN)

To regulate the recruitment of seamen for service in foreign-going
ships, to make provision in respect of allotments and remittances
made by seamen supplied for service in foreign-going ships by
companies licensed thereunder and in respect of the payment of
advances of wages to seamen supplied for such service by any such
company, and to provide for matters ancillary to or connected
with the purposes aforesaid.

[27th June, 1966.]

PART 1

SHORT TITLE AND
INTERPRETATION

1. This Ordinance may be cited as the Merchant Shipping
(Recruiting of Seamen) Ordinance.

2. (1) In this Ordinance, unless the context otherwise requires

'Advisory Board- means the Seamen's Recruiting Advisory Board
established by section 5;

'Authority' means the Seamen's Recruiting Authority;

---Boardof Reference- means a Board of Reference constituted under
section 16;

'company' has the meaning assigned to it by section 2 of the
Companies Ordinance and also means a company incorporated
outside the Colony which has established a place of business
within the Colony;

crew department list' means the list kept in a licensed crew department
pursuant to section 57(1) or the list kept by the Royal Fleet
Auxiliary recruiting officer pursuant to section 75(1); (Amended, 91
of 1975, s. 3)

'fishing vessel' means any ship employed in sea fishing, but does not
include a ship employed in whale fishing;

'foreign-going ship' does not include any ship employed exclusively in
trading or going between any port of the Colony and any place or
places situated within the following limits, that is to say

(a) to the east, meridian 114' 30' east;

(b) to the south, parallel 22' 09' north; and

(c) to the west, meridian 113' 31' east,





but save as aforesaid includes any foreign-going ship of any flag
whatsoever whether or not the ship calls at any port of the Colony;

'junk' includes any ship of Chinese or other Asiatic build, construction
or rig;

'legal officer' has the meaning that it has for the purposes of the Legal
Officers Ordinance;

'licensed company' means any company holding a valid licence to
maintain a crew department granted under section 47(1);

'licensed crew department' means the crew department maintained by a
licensed company;

'lighter' includes any barge or other vessel normally used within the
waters of the Colony for the transport of cargo or in the
construction or maintenance of harbour and other works;

'lorcha' includes any ship

(a)of European build and construction, but of Chinese or other
Asiatic rig; or

(b)of Chinese or other Asiatic build and construction, but of
European rig;

'panel' means the panel appointed under section 15;

pleasure craft- means any ship not employed in trading for profit;

'prescribed*' means prescribed by the Authority under section 88;

'register' means the register kept pursuant to section 6;

'registered address- means the address of a seaman recorded in the
register pursuant to section 12(2);

'seaman' means any person who is, or is to be, engaged for or
employed in service at sea in a ship in any capacity other than

(a) that of master;

(b)that of mate or engineer, duly certificated for the purposes of
the Merchant Shipping Ordinance;

(c) that of ship's doctor; and

(d)that which the Authority may, after consultation with the
Advisory Board and subject to such conditions as he thinks fit,
specify in writing to the Superintendent; (Replaced, 10 of 1973, s.
2)

'Seamen's Recruiting Office' means the Seamen's Recruiting Office
established pursuant to section 4(1);

'service record book means a Hong Kong seaman's service record book
issued under the regulations made under section 14B; (Added, 16 of
1975, s. 2)





---ship-means c\ cry ship or boat, or other description of vessel used in
navigation, not propelled by oars, other than a fishing vessel, junk.
lighter, lorcha or pleasure craft;

-Superintendent- means the public officer appointed under section 4(2)
to be the Superintendent of the Seamen's Recruiting Office.

(2) Any drug which is a dangerous drug for the purposes of the
Dangerous Drugs Ordinance shall be a dangerous drug for

_-c
the purposes of this Ordinance.

(3) Any reference in this Ordinance to the doing of anything, or to
anything not being done, in the presence of the Superintendent of the
Mercantile Marine Office or the consular officer or to the production of
anything to the Superintendent of the Mercantile Marine Office or the
consular officer includes a reference to the doing of that thing, or to its
not being done, or to the production Of that thing to any person duly
acting on behalf of the Superinterident of the Mercantile Marine Office
or the consular officer.

PART 11

APPOINTMENT OF SEAMEN's RECRUITING AUTHORITY AND
ESTABLISHMENT OF SEAMEN's RECRUITING OFFICE
AND ADVISORY BOARD

3. The Director of Marine shall be the Seamen's Recruiting
Authority.

4. (1) For the purposes of this Ordinance, there shall be established
an office to be known as the Seamen's Recruiting Office.

(2) The Authority may appoint any public officer to be the
Superintendent of the Seamen's Recruiting Office and may from time to
time, after consultation with the Advisory Board if he thinks fit, give to
the Superintendent, either generally or in any particular case, such
directions with respect to the administration of the Seamen's Recruiting
Office as he considers necessary.

(3) Subject to the provisions of this Ordinance and to any
directions given by the Authority under subsection (2), the
Superintendent shall be responsible for the administration of the
Seamen's Recruiting Office.

(4) Nothing in subsection (2) shall be deemed to authorize or permit
the Authority to give directions of any kind whatsoever with respect to
the exercise by the Superintendent of the powers conferred on him by
this Ordinance.

5. (1) For the purposes of this Ordinance, there is hereby
established a board, which shall be known as the Seamen's Recruiting
Advisory Board, whose function shall be to advise the Authority in all
matters with respect to which it is consulted by the Authority.





(2) The Advisory Board shall consist of the following members

(a) the Authority, who shall be the chairman;

(b)the Commissioner for Labour, the Deputy Commissioner for
Labour or an Assistant Commissioner for Labour; (Replaced, 10
of 1973, s. 3. Amended, L.N. 142174)

(e) the Superintendent; and

(d)three persons appointed by the Governor, none of whom shall
be in the service of the Government.

(3) Save as provided in subsection (4), any person appointed by
the Governor to be a member of the Advisory Board shall hold office for
3 years or for such lesser period, or until such day, as the Governor
specifies at the time of the appointment.

(4) Any person appointed by the Governor to be a member of the
Advisory Board may at any time resign his appointment by notice in
writing addressed to the Colonial Secretary.

(5) Where for any reason a person appointed by the Governor to be
a member of the Advisory Board is or will be unable temporarily to
exercise his functions as such member the Governor may appoint
another person to be temporarily a member of the Ads isory Board.

(6) The quorum at any meeting of the Advisory Board shall be 4
members thereof. (Amended, 10 of 1973, s. 3)

(7) Subject to the provisions of this Ordinance, the proceedings at
any meeting of the Advisory Board shall be conducted in such manner
as the Advisory Board determines.

PART
IIISeamen's

REGISTRATION OF SEAMEN

6. (1) There shall he kept in the Seamen's Recruiting Office a
register of the names of seamen who desire to serve in foreigngoing
ships.

(2) The register shall be in 3 parts and, subject to the provisions of
this Ordinance. shall be kept in such form and manner as the
Superintendent determines. (Amended, 10 of 1973. s. 4)

7. (1) Save as provided in section 11. Part 1 of the register shall
contain and, save as provided in subsections (3) and (6), shall contain
only the names of those seamen who are qualified to have their names
entered therein by virtue of subsection (2).

(2) A seaman shall be qualified to have his name entered in Part 1
of the register





(a)if he satisfies the Superintendent that he has been discharged
from a foreign-going ship within the period of 24 months
preceding his application for registration; or

(b)if he is at least 17 years of age and has passed to the
satisfaction of the Superintendent such medical examination as
to his fitness for service in a foreign-going ship as the
Authority specifies and

(i) has completed satisfactorily a course of training at a sea
training school, or other school or institution, recognized by
the Authority for the purposes of this Ordinance or possesses
such experience as the Superintendent considers sufficient; or

(ii) possesses such experience of the operation and
maintenance of machinery as the Superintendent considers
sufficient: or

(Iii) possesses such experience in the catering industry as
the Superintendent considers sufficient.

(3) If at any time it appears to the Superintendent that the number of
seamen whose names appear in Part 1 of the register and who are
suitable and available for service in any particular post in a foreign-
going ship is not, or may not be, sufficient to meet the demand for
seamen for service in that post, he may, cause to be entered in that Part
of the register the name of any seaman--

(a)whose name appears in Part 111 of the register and who is
suitably qualified, by virtue of experience or otherwise, for
service in that post; and (Amended, 10 of 1973, s. 5)

(b)who has passed to the satisfaction of the Superintendent such
medical examination as to his fitness for service in a foreign-
going ship as the Authority specifies.

cl

(4) In exercising the power conferred upon him by subsection (3),
the Superintendent shall, so far as circumstances permit give preference
to seamen whose names appear in Part III of the register according to
the date on which their names were entered in the register. (Amended,
10 of 1973, s. 5)

(5) Upon application at any time by a seaman whose name appears
in Part IV of the register, but not in Part 1 thereof, and whose
registration is riot for the time being suspended under section 17A(1)
17B(2) or 18(1)(i) or (ii) or suspended for a further period under
section 29(1) the Superintendent shall re-enter the name

Part 1 of the register.(Amended 10 qf 1973, s. 5)

of the seaman in

(6) The Authority may at any time, after consultation with the
Advisory Board, direct the Superintendent to enter in Part 1 of the
register the names of such seamen as the Authority thinks fit.

8. [Repealed, 10 of 1973, s. 6]





9. Save as provided in section 11, the name of any seaman shall
upon application be entered in Part 111 of the register if such seaman is
at least 18 years of age and not more than 40 years of age and is not
qualified to have his name entered in Part 1 of the register.

(Amended, 10 of 1973, s. 7)

10. (1) Where-

(a) a seaman whose name appears in Part 1 or Part IV, or
in both Part 1 and Part IV, of the register and whose
registration is not for the time being suspended under
section 17A(1), 17B(2) or(ii) or suspended for
a further period under section 29(1) makes application to
have his name entered in respect of a licensed company
or the Royal Fleet Auxiliary recruiting officer in Part IV
of the register; or

(b)a licensed company or the Royal Fleet Auxiliary recruiting
officer makes application to have the name of a seaman whose
name appears in Part 1 or Part IV, or in both Part 1 and Part IV,
of the register and whose registration is not for the time being
suspended under section 17A(1), 17B(2)
or 18(1)(i) or (ii) or suspended for a further period under
section 29(1) entered in respect of the licensed company or the
Royal Fleet Auxiliary recruiting officer, respectively, in Part IV
of the register, (Amended, 10 of 1973, s. 8)

then, if-

(i)in the first mentioned case, the Superintendent is satisfied that
the licensed company in respect of which the name of the
seaman is to be entered in Part IV of the register, or the Royal
Fleet Auxiliary recruiting officer, as the case may be, consents
to the application, or

(ii) in the second mentioned case, the Superintendent is satisfied
that the seaman consents to the application,

and in either case-

(Iii) the Superintendent is satisfied that the crew department list in
which the name of the seaman is to be entered does not
contain a number of names of seamen of the rating held by
such seaman greater than the number of posts of that rating
for ,yhich the crew department supplies

rating

seamen for service in foreign-going ships, save by such
percentage of the number of such posts as the Authority may
determine: and

(iv) the Superintendent is satisfied that if the name of the seaman is
entered in Part IV of the register in respect of that licensed
company or the Royal Fleet Auxiliary recruiting officer, as the
case may be, the name of the seaman will appear in Part IV of
the register only in respect of not more

register





than 2 licensed companies or only in respect of the Royal Fleet
Auxiliary recruiting officer and not more than 1 licensed
company,

he shall enter the name of the seaman in respect of that licensed
company or the Royal Fleet Auxiliary recruiting officer, as the case may
be, in Part IV of the register and, in the case of a seaman whose name
appears in Part 1 of the register, he shall on the application of the
seaman, but not otherwise, remove the name of the seaman from Part 1
of the register. (Amended, 91 of 1975, s. 3)

(2) Where the Superintendent receives notice under section 57(5)
that the name of a seaman has been removed from the crew department
list kept in a licensed crew department, or receives notice under section
75(5) that the name of a seaman has been removed from the crew
department list kept by the Royal Fleet Auxiliary recruiting officer, and
the name of the seaman does not appears in Part IV of the register in
respect of any other person, the Superintendent shall remove the name
of the seaman from Part IV of the register unless, under section 58(1) or
76(1), as the case may be, he requires the licensed company or the Royal
Fleet Auxiliary recruiting officer to restore the name of the seaman to the
crew department list. (Amended, 91 of 1975, s. 3)

(3) Where under subsection (2) the name of a seaman is removed
from Part IV of the register, then, if the name of the seaman does not
appear in Part 1 of the register, the Superintendent shall thereupon enter
the name of the seaman in Part 1 of the register.

11. Save as provided in section 14 and save where-

(a)the name of a seaman is restored to the register under section
28(2) or (3);

(b)an appeal by a seaman under section 32 is allowed and by
reason thereof the name of a seaman is restored to the register;
or

(c)the name of a seaman is restored to the register pursuant to
the directions of a judge on an appeal by the seaman under
section 32,

a seaman shall not be entitled to have his name entered in the register
again if his name has previously been removed therefrom under section
17(1) or pursuant to a direction of a Board of Reference under section
29(1).



12. (1) Subject to the provisions of this section, the register shall,
depending on the part thereof in which the name of a seaman appears,
contain in relation to that seaman such particulars as the Superintendent
considers necessary.

(2) In the case of every seaman whose name appears in the register,
there shall be recorded in the register





(a)the address for the time being supplied, in the appropriate
prescribed form, by the seaman to the Superintendent as the
address to which any notice or other document required or
permitted by this Ordinance to be served on him may be sent
by post or to which any other notice or document sent to him
for the purposes of this Ordinance may be addressed; and

(b) the rating of the seaman, if any.

13. (1) If it comes to the notice of the Superintendent that a seaman
whose name appears in Part 1 or Part IV, or in both Part 1 and Part IV, of
the register has been promoted to a rating higher than that recorded in
relation to him in the register, the Superintendent shall cause the new
rating to be recorded in the register in lieu of the seaman's former rating
unless, after such inquiry as he thinks fit, the Superintendent considers
that the seaman was promoted without any or any sufficient cause.
(Amended, 10 of 1973, s. 9)

(2) If it comes to the notice of the Superintendent that the rating
recorded in the register in relation to a seaman whose name appears ill
Part 1 or Part IV, or in both Part 1 and Part IV, of the register has been
reduced, the Super] Superintendent shall cause the new rating to be
recorded in the register in lieu of the seaman's former rating unless, after
such inquiry as he thinks fit, the Superintendent considers that the
seaman's rating was reduced without any or any sufficient cause.

(3) The Superintendent may, if it comes to his notice that a seaman,
whose name appears in Part 1 or Part IV, ol- in boil] Part 1 and Part IV, of
the register, has fulfilled such requirements as the Authority may. after
consultation with the Advisory Board, specify for the purpose, alter the
seaman's rating to a higher rating in the same grade or to a rating in a
different grade. (Added, 10 of 1973, s. 9)

14. (1) At any time after the expiry of a period of 5 years from the
day on which the Board of Reference confirmed the removal of the name
of a seaman from the register under section 28(1) or directed the
Superintendent to remove the name of a seaman from the register under
section, 29(1) the seaman may apply to the Authority for a direction that
his name be entered in Part 1 of the register.

(2) On an application by a seaman under subsection (1), the
Authority may, after consultation with the Advisory Beard. direct the
Superintendent to enter the name of the seaman in Part 1 of the register
or refuse the application.

(Amended, 10 of 1973, s. 10)





PART IIIA

SERVICE RECORD BOOKS

14A. Every seaman who is ordinarily resident in Hong Kong and
whose name appears in Part 1 of the register shall hold a service record
book.

(Added, 16 of 1975, s. 3)

14B. (1) The Governor in Council may make regulations for all or
any of the following matters

(a)the issue of service record books in such form and containing
such particulars with respect to the holders thereof and such
other particulars, (if any) as may be prescribed and requiring
seamen to apply for service record books,

(b)requiring the holders of service record books to produce them
to such persons and in such circumstances as may be
prescribed;

(e)the surrender of service record books in such circumstances as
may be prescribed;

(d)any incidental or supplementary matters for which the
Governor in Council thinks it expedient for the purposes of the
regulations to provide.

(2) Regulations made under this section may provide that a
contravention of specified provisions thereof shall be an offence
punishable on conviction by a fine not exceeding 55,000.

(Added, 16 of 1975, s. 3)

PART IV

BOARDS OF REFERENCE AND REMOVAL OR SUSPENSION
OF SEAMEN FROM REGISTER

15. (1) The Governor may appoint such persons as he thinks fit to
be members of a panel from which persons may be appointed under
section 16 to be members of a Board of Reference.

(2) In appointing persons to be members of the panel, the Governor
shall appoint such number of legally qualified persons as he considers
will be adequate for the purposes of section 16(2).

(3) A member of the panel may resign at any time by giving 1
month's notice in writing to the Colonial Secretary of his intention to
resign, and the Governor may at any time and for any reason
whatsoever terminate the appointment of any person to be a member of
the panel.

16. (1) Every Board of Reference shall consist of-

(a)the Authority, the Deputy Director of Marine or an Assistant
Director of Marine appointed by the Authority,

who shall be the chairman; (Amended, 10 of 1973, s. 11)





(b)the Commissioner for Labour or a public officer appointed by
the Commissioner for Labour; and (Amended, L,N. 142174)

(c)3 members of the panel appointed by the Colonial Secretary.

(2) Of the 3 members of the panel appointed by the Colonial
Secretary to be members of a Board of Reference, one shall be a legally
qualified person.

(3) The Superintendent shall not be a member of any Board of
Reference.

(4) The quorum at any meeting of a Board of Reference shall be 4
members thereof. (Added, 10 of 1973, s. 11)

17. (1) The Superintendent may, after considering any
representations that the seaman may make on the occasion specified in
the notice served on him pursuant to section remove the name of a
seaman from the register in either of the following cases, that is to say, if
he is satisfied that

(a)after the commencement of this Ordinance, the seaman has
been convicted in the Colony or elsewhere of any offence
involving the import, export, sale or other dealing in or with, or
possession of any dangerous drug; or

(b) the seaman has been convicted-

(i) of an offence against section 73(2); or

(ii) of an offence against section 3(2) of the repealed
Prevention of Corruption Ordinance or Part 11 of the
Prevention of Bribery Ordinance in respect of any matter or
transaction whatsoever, actual or proposed, in which the
Seamen's Recruiting Office was concerned. (Amended. 10 of
1973, s. 12)

(2) The Superintendent shall remove the name of a seaman from the
register in any of the following cases, that is to say

(a) in the event of the death of the seaman;

(b)if the seaman requests the removal of his name therefrom; or

(c)if, within 2 years from the date on which a notice was served on
the seaman under section 17A(2), he has made no
representation to the Superintendent. (Added, 10 of 1973,s. 12)

(3) Where under subsection (1) the Superintendent has re-

moved the name of a seaman from the register, he shall forthwith

refer the case to the Authority and serve on the seaman notice-

(a)that his name has been so removed from the register, together
with a statement of the ground on which it was removed; and

(b) that the case has been referred to the Authority.





(4) Where under this section the Superintendent has removed from
the register the name of a seaman whose name appeared in Part IV of the
register, whether or not the name of the seaman also appeared in Part 1
of the register, he shall forthwith give notice in writing thereof to every
person in respect of whom the name of the seaman appeared in Part IV
of the register.

17A. (1) Whenever the Superintendent has reasonable grounds for
believing that any seaman has, in Hong Kong or elsewhere

(a) deserted his ship; or

(b)neglected, or refused without reasonable cause, to join his
ship or to proceed to sea in his ship,

the Superintendent shall forthwith suspend the seaman's registration.

(2) Whenever a seaman's registration is suspended under
subsection (1), the Superintendent shall, as soon as it is practicable to
do so, serve notice thereof on the seaman specifying

(a) the ground on which his registration is suspended; and

(b)the date and time at which the seaman may appear before the
Superintendent for the purpose of making representations in
the matter

(3) The Superintendent shall, if he has under subsection (1)
suspended the registration of a seaman whose name appears in Part IV
of the register, whether or not the name of the seaman also appears in
Part 1 of the register, forthwith give notice in writing thereof to every
person in respect of whom the name of the seaman appears in Part IV of
the register.

-(4) The suspension under subsection (1) of a seaman's registration
shall continue in effect until the Superintendent exercises, in relation to
that seaman, an of the powers conferred on the Superintendent under
section 18(1) or (2).

(Added, 10 of 1973, s. 13)

17B. (1) The Superintendent may require any seaman, whose name
appears on the register and whose registration is not for the time being
suspended for any other reason, to undergo, within a specified period of
time, such medical examinations as to his fitness for service in foreign-
going ships as the Authority may, after consultation with the Advisory
Board, specify in general directions to the Superintendent.

(2) The Superintendent may suspend the registration of any
seaman who, having been required under subsection (1) to undergo a
medical examination, fails to pass such examination within the time
specified.

(3) The Superintendent shall, where under subsection (2) he has
suspended the registration of a seaman whose name appears in





Part IV of the register, whether or not the name of the seaman also appears in
Part 1 of the register, forthwith give notice in writing thereof to every person in
respect of whom the name of the seaman appears in Part IV of the register.

(4) The suspension under subsection (2) of a seaman's registration shall
continue in effect until he produces to the Superintendent the certificate of a
medical practitioner stating that the seaman is fit for service in foreign-going
ships.

(Added, 10 of 1973, s. 13)

18. (1) If, after considering any representations which the seaman may
make on the occasion specified in a notice served on him under section 17A(2)
or 19(1 it appears to the Superintendent that

(a)the seaman has deserted his ship, in Hong Kong or elsewhere;

(b)the seaman has neglected, or refused without reasonable cause, to join
his ship or to proceed to sea in his ship, in Hon. Kong or elsewhere;

(e)the seaman has been convicted, in Hon. Kong or elsewhere, of any
offence of such a nature as to render it desirable that lie be Suspended
temporarily from service in foreigna in. ships oi. should cease to serve
on such ships;

0 l

(d)the seaman has, while engaged in service with foreigngoing ships, been
guilty of misconduct of such a serious nature as to render it desirable
that lie be suspended temporarily from service on, or should cease to
serve on. such ships, whether or not such misconduct constituted an
offence, and, if the misconduct did constitute an offence, whether or
not the seaman has been convicted of such offence; or

(e)without reasonable excuse, the seaman has failed to comply with any
order, direction, requirement or request made, given or issued under or
for the purposes of this Ordinance by the Superintendent or any
other public officer.

the Superintendent may-

(i)suspend the seaman's registration for any period, not exceeding, in the
case of desertion, 24 months or, in any other case, 12 months; or

(ii) suspend the seaman's registration and forthwith refer the case to the
Authority.

(IA) The period during which the seaman's registration is suspended under
subsection (1)(i) shall begin to run from the date when the seaman first appears
before the Superintendent for the purpose of making representation in the
matter after he has been served with a notice under section 17A(2) or- under
section 19(1)





(2) Notwithstanding subsection (1), the Superintendent may in any
case, in lieu of exercising arty of the powers conferred on him by that
subsection, issue the seaman with a caution in writing to be of good
behaviour in the future.

(Replaced, 10 of 1973, s. 14)

(3)(a) The Superintendent shall serve on a seman whose
registration has been suspended under subsection (1)(i) notice
that his registration has been suspended and of the period for
which it was suspended, together with a statement of the
ground on which it was suspended.

(b)The Superintendent shall serve on a seaman whose registration
has been suspended under subsection (1)(ii) notice

(i) that his registration has been so suspended, together
with a statement of the ground on which it was suspended:
and

(ii) that the case has been referred to the Authority.

(4) Where under subsection (1)(i) or (ii) the Superintendent has
suspended the registration of a seaman whose name appears in Part IV
of the register whether or not the name of the seaman also appears in
Part 1 of the register, he shall forthwith give notice in



writing thereof to every, person in respect of whom the name of the


seaman appears in Part IV of the register, and-

(a)where the seaman's registration was suspended under
subsection (1)(i) such notice shall also specify the period for
which his registration was suspended; and

(b)where the seaman's registration was suspended under
subsection (1)(ii), such notice shall also state that the case has
been referred to the Authority.

19. (1) Where the Superintendent considers that he may
remove the name of a seaman from the register under section 17(1),
1
or suspend the registration of a seaman under section 18(1)(i) or

(ii), he shall serve on the seaman notice thereof.-,

(2) Every such notice shall also-


(a)specify the ground on which the Superintendent considers that
he may remove the name of the seaman from the
register or suspend the seaman's registration, as the case may
be; and

(b) specify a-date and time at which the seaman may appear
before the Superintendent for the purpose of making
representations in the matter.

20. (1) A seaman whose registration has been suspended by the
Superintendent under section 18(1)(i) may appeal to the Authority

(a)on the ground that he disputes the ground on which his
registration was so suspended;





(b)on the ground that the period for which his registration was so
suspended is excessive; or

(c) on both of such grounds.

(2) An appeal under this section shall be made by delivering to the
Authority, within 1 month after notice of the Superintendent's decision was
served on the seaman in accordance with section 18(3)(a) or within such further
time as the Authority may allow in any particular case, a notice in writing
setting forth the ground or grounds of appeal.

(3) The Authority shall refer every appeal duly made in accordance with
this section to a Board of Reference and shall serve on the seaman by whom the
appeal is made a notice specifying the date on which the appeal will be heard.

21. The Authority shall refer every case referred to him by
the Superintendent under section18(1)(ii) to a Board of
Reference, and shall serve on the seaman a notice specifying the
date on which the case will be heard.

22. (1) If the hearing of an appeal under section 20 by a seaman is not
commenced within 3 months after the notice of appeal was delivered to the
Authority in accordance with section 20(2) and the period for which the
seaman's registration was suspended has not then expired, the Superintendent,
unless the Authority has previously directed otherwise, shall forthwith with the
suspension of the seaman's registration. (Amended, 10 of 1973, s. 15)

(2) If the hearing of a case referred by the Authority under section 21 to a
Board of Reference is not commenced within 3 months after the case was
referred to the Authority in accordance with section 17 or 18(1)(ii), as the case
may be, the Superintendent, unless the Authority has previously directed that
the proceedings shall continue, shall forthwith restore the seaman's name to the
register or withdraw the suspension of the seaman's registration, as the case
may be, and no further proceedings on the case shall take place. (Amended, 10
of'1973, s. 15)

(3) If the hearing of an appeal under section 20 or of a case referred by the
Authority under section 21 is not commenced within the period specified in
subsection (1) or (2), as the case may be, the Authority, if he is satified that the
failure to commence the hearing within the required time was

(a)caused by failure to serve notice on the seaman under section 20(3)
or 21, as the case may be, despite reasonable attempts to do so; or

(b)the result of an adjournment or postponement of the hearing at the
request of or due in any way to the seaman,





may extend, and may further extend, the time within which the
hearing shall be commenced for such period as he thinks fit.
(Added, 10 of 1973, s. 15)

23. A Board of Reference may proceed with a hearing not-
withstanding that the seaman is not present-

(a)in the case of an appeal under section 20, if the Board of
Reference is satisfied that the notice required to be served
on the seaman under subsection (3) of that section was
duly served on him;

(b)in the case of a reference to it under section 21, if the
Board of Reference is satisfied that the notice required to
be served on the seaman under that section was duly
served by delivering it to him personally.
(Replaced, 10 of 1973, s. 16)

24. (1) Subject to the provisions of section 25 and subsections
(3), (4), (5), (6), (7), (8) and (9) of this section, the practice and
procedure on the hearing by a Board of Reference of an appeal
under section 20 by a seaman on the ground that the period for
which his registration was suspended is excessive shall be such as
the Board of Reference thinks fit.

(2) The practice and procedure on the hearing by a Board of
Reference of an appeal under section 20 by a seaman on the ground
that he disputes the ground on which his registration was suspended
or of a case referred by the Authority under section 21 to the Board
of Reference shall be such as the Board of Reference thinks fit,
subject to the following provisions and to the provisions of sections
23 and 25 and subsections (3), (4), (5), (6), (7), (8) and (9) of this
section-

(a) the burden of proof shall be on the Superintendent;

(b)the Superintendent may address the Board of Reference
and adduce evidence in support of his case;

(c)the seaman shall be entitled to put questions to any witness
called by the Superintendent;

(d)when all the evidence which the Superintendent wishes to
adduce has been adduced, the seaman may give evidence
himself and adduce other evidence in support of his case
and may then address the Board of Reference;

(e)the Superintendent shall be entitled to put questions to
the seaman if he gives evidence and to any witness called
by the seaman;

the Board of Reference may call any witness whom it
considers necessary, but the Superintendent and the seaman
shall be entitled to put questions to any such witness and





if any such witness is called after the seaman has addressed the
Board of Reference pursuant to paragraph (d) the seaman shall be
entitled to address the Board again on any matter arising from the
evidence given by such witness.

(3) On the hearing of an appeal under section 20 by a seaman or of a case
referred by the Authority under section 21 to a Board of Reference, the seaman
may be represented by counsel or a solicitor or by any other person and the
Superintendent may be represented by a legal officer.

(4) Any deposition made on oath by any person before a magistrate in any
part of the Commonwealth, or before any duly accredited consular officer
elsewhere, shall be admissible in evidence in any proceedings before a Board of
Reference

(a)if, at the time, the person by whom the deposition was made is not,
or cannot be found, in the Colony; and

(b)if the deposition is authenticated by the signature of the magistrate or
duly accredited consular officer before whom it was made.

(5) Any entry in the official log book of a ship or in any similar document,
and any document purporting to be a copy of any such entry and to be certified
as a true copy by any person specified in subsection (8), shall be admissible in
evidence and be prima facie evidence of the matters stated therein in proceedings
before a Board of Reference if the entry was made, and signed by the master and
some other member of the crew, within 24 hours after the occurrence to which it
relates or within such other time as may be allowed under the maritime law
applicable to the ship concerned. (Replaced, 16 of 1975, s. 4)

(6) Any deposition purporting to be signed by the magistrate or duly
accredited consular officer before whom it was made shall be deemed to have
been so signed until the contrary is proved.

(7) Any entry in the official log book kept in any ship, or in any similar
document, purporting to be signed by the master and another member of the
crew shall be deemed to have been so signed until the contrary is proved, and
any date and time purporting to be the date on and time at which any such
entry was made and signed shall be deemed to be the date on and time at which
the same was made and signed until the contrary is proved.

(8) For the purposes of subsection (5), a copy of an entry in an official log
book of a ship or in any similar document may be certified by

(a)a superintendent of a mercantile marine office in any part of the
Commonwealth;

(b) a duly accredited consular officer;





(e) a port authority;

(d) a notary public; or

(e) a commissioner for oaths,

or by any person who has functions similar to those of a port authority,
notary public or commissioner for oaths. (Replaced, 16 of 1975, s. 4)

(M) A copy of an entry in an official log book of a ship or in any
similar document purporting to be certified by any person specified in
subsection (8) shall be deemed to have been so certified until the
contrary is proved. (Added, 16 of 1975, s. 4)

(9) Subject to the provisions of subsections (4), (5), (6), (7) and (8),
a Board of Reference may receive and consider such evidence as it
thinks fit, notwithstanding that the evidence would not be admissible
in the courts of the Colony under the law relating to evidence.

(Amended, 10 of 1973, s. 17)

I,-

25. Save as provided in sections 26, 28 and 29, in the event of a
difference between the members of a Board of Reference on arty matter
arising in any proceedings before the Board of Reference on an appeal
under section 20 by a seaman or a case referred by the Authority under
section 21 to the Board of Reference, the decision shall be taken by the
votes of the majority.

26. (1) If, on the hearing of an appeal under section 20 by a seaman
on the ground that he disputes the ground on which his registration
was suspended, the Board of Reference unanimously affirms the
decision of the Superintendent, the Board of Reference shall dismiss the
appeal.

(2) If on the hearing of any such appeal the Board of Reference
does not unanimously affirm the decision of the Superintendent, the
Board of Reference shall direct him to withdraw the suspension of the
seaman's registration.

(3) On an appeal under section 20 by a seaman on the ground that
the period for which his registration was suspended by the
Superintendent is excessive, the Board of Reference may

(a) affirm the decision of the Superintendent;

(b)direct that the seaman's registration shall be suspended for
such shorter period, or for such longer period, not exceeding 24
months, as it thinks fit; or

(c)direct the Superintendent to withdraw the suspension of the
seaman's registration and issue him with a caution in writing to
be of good behaviour in the future.

(Replaced, 10 of 1973, s. 18)





27. (1) As soon as practicable, the Authority shall serve on the
seaman by whom the appeal was made a statement in writing of the
decision of the Board of Reference on an appeal under section 20,
including, in the case of an appeal under that section by a seaman on
the ground that he disputes the ground on which his registration was
suspended by the Superintendent, its findings of fact and the evidence
in support thereof.

(2) Where, pursuant to a direction of a Board of Reference given
under section 26(2), the Superintendent withdraws the suspension of
the registration of a seaman whose name appears in Part IV of the
register, whether or not the name of the seaman also appears in Part 1 of
the register, he shall forthwith give notice in writing thereof to every
person in respect of whom the name of the seaman appears ill Part IV of
the register.

(3) Where, on an appeal under section 20 by a seaman whose name
appears in Part IV of the register, whether or not the name of the seaman
also appears in Part 1 of the register, on the ground that the period for
which his registration was suspended by the Superintendent is
excessive, the Board of Reference directs that the seaman's registration
shall be suspended for a shorter period, the Superintendent shall
forthwith give notice Hi. writing of the decision of the Board of Reference
to every person in respect of whom the name of the seaman appears ill
Part IV of the register.

28. (1) If, oil the hearing of a case referred to a Board, of
Reference by the Authority under section 21 a reference
of the case to the Authority by the Superintendent in accordance
with section 17(3), the Board of Reference is unanimously satisfied,
as the case may be, that-

(a)after the commencement of this Ordinance, tile seaman has
been convicted in the Colony or elsewhere of ally offence
involving the import, export, sale or other dealing in or with, or
possession of ally dangerous drug. or

(b) the seaman has been convicted-

(i) of an offence against section 73(2); or

(ii) of an offence against section 3(2) of the repealed
Prevention of Corruption Ordinance or Part 11 of the
Prevention of Bribery Ordinance ill respect of any i-natter or
transaction whatsoever, actual or proposed, in which the
Seamen's Recruiting Office was concerned,

W

the Board of Reference may, subject to section 30, confirm the removal
of the name of the seaman from the register. (Amended, 10 of 1973, s.
19)

(2) If on the hearing of any such case the Board of Reference is not
unanimously satisfied as to the relevant ground specified in subsection
(1), the Board of Reference shall direct the Superintendent to restore the
name of the seaman to the register.





(3) Notwithstanding that on the hearing of any such case the Board
of Reference is unanimously satisfied as to the relevant ground
specified in subsection (1), the Board of Reference may direct the
Superintendent to restore the name of the seaman to the register.

29. (1) If, on the hearing of a case referred to a Board of Reference
by the Authority under section 21 following a reference of the case to
the Authority by the Superintendent under section 18(1)(ii), the Board of
Reference unanimously affirms the decision of the Superintendent, the
Board of Reference may, subject to section 30

(a)direct the Superintendent to remove the name of the seaman
from the register. or



(b)suspend the seaman's registration for such further period, not
exceeding 24 months, as it thinks fit.



(2) If on the hearing of any such case the Board of Reference does
not unanimously affirm the decision of the Superintendent, the Board of
Reference shall direct him to withdraw the suspension of the seaman's
registration.

(3) Notwithstanding that on the hearing of any such case the
Board of Reference, under subsection (1). unanimously affirms the
decision of the Superintendent, the Board of Reference may direct

him
(a)to withdraw the suspension of the seaman's registration and
issue him with a caution in writing to be of good behaviour in
the fut(b) to withdraw the suspension of the seaman's registration.
(Replaced, 10 of 1973, s. 20)

30. Where on the hearing of a case referred to a Board of
Reference by the Authority under section 21 the Board of Reference
considers that it may exercise the power conferred on ]it by section
28(1) or any of the powers conferred on it by as the
case may be, the chairman of the Board of Reference shall inform
the seaman thereof and the seaman shall be entitled to make to
the Board of Reference such representations with respect to the
exercise of that power as he may wish.

31. (1) As soon as practicable, the Authority shall serve on a
seaman whose case was referred by the Authority under section 21 to a
Board of Reference a statement in writing of the decision of the Board of
Reference on the case, including its findings of fact and the evidence in
support thereof.

(2) Where, pursuant to a direction of a Board of Reference given
under section 28(2) or (3), the Superintendent restores the name of a
seaman to Part IV of the register, whether or not the name of the seaman
is also restored to Part 1 of the register, he shall





forthwith give notice in writing thereof to every person in respect of
whom the name of the seaman appears in Part IV of the register.

(3) Where pursuant to a direction of a Board of Reference given
under section the Superintendent has removed from the register the
name of a seaman whose name appeared in Part IV of the register,
whether or not the name of the seaman also appeared in Part 1 of the
register, he shall forthwith give notice in writing thereof to every person
in respect of whom the name of the seaman appeared in Part IV of the
register.

(4) Where under section 29(1) a Board of Reference suspends for a
further period the registration of a seaman whose name appears in Part
IV of the register, whether or not the name of the seaman also appears in
Part 1 of the register, the Superintendent shall forthwith give notice in
writing thereof to every person in respect of whom the name of the
seaman appears in Part IV of the register, specifying the period for which
the suspension is to continue.

(5) Where pursuant to a direction of a Board of Reference given
under section 29(2) or (3), the Superintendent withdraws the suspension
of the registration of a seaman whose name appears in Part IV of the
register, whether or not the name of the seaman also appears in Part 1 of
the register, he shall forthwith give notice in writing thereof to every
person in respect of whom the name of the seaman appears in Part IV of
the register.



32. A seaman whose case was referred by the Authority

under section 21 to a Board of Reference and who is dissatisfied
in point of law with a decision of the Board of Reference on the
case may, within 28 days after the service on him of the statement
required to be served on him by section 31(1), appeal to a judge of
the High Court. (Amended, 92 of 1975, s. 59)

(2) If on an appeal under subsection (1) the judge is of opinion that
the decision of the Board of Reference was erroneous in point of law

(a)he may allow the appeal and give such directions in the matter
as he thinks proper; or

(b)he may remit the matter to the Board of Reference for
determination in accordance with his decision on the point of
law.

(3) The Chief Justice may make rules providing for the practice and
procedure on any appeal under subsection (1).

(4) Subject to any rules made under subsection (3), the practice and
procedure on an appeal under subsection (1) shall be such as the judge
may determine.





33. Where-

(a)an appeal by a seaman under section 32 is allowed and by
reason thereof the Superintendent restores the name of the
seaman to Part IV of the register, whether or not the name of
the seaman is also restored to Part I of the register;

(b)an appeal under section 32 by a seaman whose name appears
in Part IV of the register, whether or not the name of the
seaman also appears in Part I of the register, is allowed and by
reason thereof the Superintendent withdraws the suspension
of the registration of the seaman;

(e)pursuant to the directions of a judge on an appeal by a
seaman under section 32, the Superintendent restores the
name of the seaman to Part IV of the register, whether or not
the name of the seaman is also restored to Part I of the
register; or

(d)pursuant to the directions of a judge on an appeal under
section 32 by a seaman whose name appears in Part IV of the
register, whether or not the name of the seaman also appears
in Part 1 of the register, the Superintendent withdraws the
suspension of the registration of the seaman,

the Superintendent shall give notice in writing thereof to every person
in respect of whom the name of the seaman appears in Part IV of the
register.

PART V

CONTROL OF RECRUITMENT, ENGAGEMENT AND
SUPPLY OF
SEAMEN FOR SERVICE IN FOREIGN-GOING SHIPS, AND
PROCEDURE IN AND IN CONNEXION WITH
SUPPLY OF SEAMEN BY SEAMEN'S
RECRUITING OFFICE

34. (1) Save as provided in subsection (8) of this section or section
40(1) or section 56(3) or section 74(3) or save with the permission of the
Superintendent, a person shall not recruit or engage any seaman for
service in a foreign-going ship, other than a seaman supplied in
accordance with the provisions of this Ordinance by a licensed
company or the Royal Fleet Auxiliary recruiting officer, except at or
through the Seamen's Recruiting Office. (Amended, 91 of 1975, s. 3)

(2) Save as provided in subsection (8) of this section or section
56(3) or section 74(3), a person, other than a licensed company or the
Royal Fleet Auxiliary recruiting officer, shall not supply any seaman for
service in a foreign-going ship. (Amended, 91 of 1975,s.3)





(3) A person shall not receive or accept for service in a foreign-
going ship any seaman if that person knows that the seaman has been
recruited, engaged or supplied in contravention of this section.

(4) The master of a foreign-going ship shall riot carry to sea any
seaman if he knows that the seaman has been recruited, engaged or
supplied in contravention of this section.

(5) Without prejudice to subsection (4), the master of a foreign-
going ship shall not, save with the permission of the



Superintendent, carry to sea any seaman, other than---

(a)a seaman who has been recruited or engaged pursuant to and
in accordance with subsection (8);

(b)a seaman who has been re-engaged for service under and in
accordance with section 40 or 64; or

(c)a seaman who has been supplied for service in accordance
with the provisions of this Ordinance by a licensed company
or the Royal Fleet Auxiliary recruiting officer, (Amended, 91 of
1975, s. 3)

who. having joined the ship in the Colony, has been recruited or
engaged otherwise than at or through the Seamen's Recruiting Office.

(6) Any person who contravenes any of the provisions of
subsection (1), (2) or (3) shall be guilty of an offence and shall be liable
on summary conviction

(a)in the case of a person other than a company, to a line of
$25,000 and to imprisonment for 2 years: or

(b) in the case of a company, to a fine of 550,000.

(7) In the event of a contravention of subsection (4) or (5), the
master and the owner or charterer of the ship, and the agent of the
master, owner or charcrer, shall each be guilty of an offence and shall be
liable on summary conviction

(a)in the case of a person other than a company, to a fine of
$25,000 and to imprisonment for 2 years, or

(b) in the case of a company, to a fine of $50,000.

(8) In any case of emergency, a seaman whose name appears in
Part 1 of the register and whose registration is not for the time being
suspended under section 17A(1), 17B(2)

18(1)(i) or (ii) e'

c

or suspended for a further period under sec section 29(1) may be
recruited or engaged for service in a foreign-going ship otherwise than
at or through the seamen's Recruiting Office or supplied for such
service by any person if- (Amended, 10 of 1973, s. 21)

(a)the Seamen's Recruiting Office is closed at the time the
seaman comes to be recruited. engaged or supplied, and

1











(b)the ship would be delayed if the recruitment or engagement of
the seaman were postponed until the time when seamen may
next be recruited or engaged at or through the Seamen's
Recruiting Office.

(9) Where, in proceedings for an offence under this section, the
defendant alleges that the case falls within subsection (8), it shall be on
the defendant to prove that

(a) the case was one of emergency; and

(b)the ship would have been delayed if the recruitment or
engagement of the seaman had been postponed until the time
when seamen might next have been recruited or engaged at or
through the Seamen's Recruiting Office.

c,

(10) Any permission granted by the Superintendent for the purposes
of subsection (1) shall be subject to such conditions as the
Superintendent may specify on the grant thereof.

(11) Notwithstanding section 26 of the Magistrates Ordinance, a
complaint or information in respect of an offence under this section may
be made or laid at any time within 3 years from the date of the offence.
(Added, 91 of 1975, s. 4)

35. (1) Without prejudice to any provision of the Merchant
Shipping Ordinance, the Director of Marine may, for the purposes of
this Ordinance, refuse to issue a port clearance in respect of any foreign-
going ship if the Superintendent notifies the Director of Marine that he
has reason to believe that a seaman who is about to be carried to sea in
that ship may have been recruited, engaged or supplied for service in
that ship in contravention of section 34.

(2) If any seaman in any foreign-going ship which is about to leave
any port of the Colony has been recruited, engaged or supplied for
service in that ship in contravention of section 34, the Director of
Marine may detain such ship until he is satisfied that such seaman will
not be carried to sea in that ship.

36. (1) A seaman shall not be supplied by the Seamen's Recruiting
Office for selection for service in a foreign-going ship

(a)unless his name appears in Part 1 of the register and he has
given notice to the Superintendent under section 38(1) that he
seeks to be engaged for such service; or

(b) if his registration is for the time being suspended under
section 17A(1), 17B(2) or 18(1)(i) or (ii) or suspended for
a further period under section, 29(1). (Amended, 10 of
1973,s.22)

(2) The method used in the Seamen's Recruiting Office for
mustering seamen whose names appear in Part 1 of the register to





be supplied for selection for service in foreign-going ships shall be
such as the Authority may determine after consultation with the
Advisory Board.

(3) A person intending to recruit a seaman at a muster held in the
Seamen's Recruiting Office shall make available thereat for inspection by
the seaman a copy of the articles of agreement on which it is proposed
to engage the seaman together with a statement of any variations
intended to be made in the terms and conditions of such agreement.
(Added, 10 of 1973, s. 22)

37. Nothing in this Ordinance shall be deemed to require that
seamen shall be supplied for selection for service in a foreigngoing ship
following a muster in accordance with the method determined by the
Authority under section 36(2) as the method to be used for mustering
seamen to be supplied for selection for service in foreign-going ships,
and, where the Superintendent thinks fit, he may permit seamen whose
names appear in Part 1 of the register and whose registration is not for
the time being suspended Under section 17A(1), 17BA2

18(1)(i) or (ii) or suspended for a further
period under section. 0-(' to offer themselves for service or for
selection for service in any particular post or posts in a foreign-going
ship.

(Amended.. 10 qf 1973, s. 23)

38. (1) When a seaman whose name appears in Part 1 of the register
seeks to be engaged through the Seamen's Recruiting Office for service
in a foreign-going ship, he shall give notice thereof to the
Superintendent.

(2) When, according to the method used in the Seamen's Recruiting
Office for mustering seamen who have given notice to the
Superintendent pursuant to subsection (1), a seaman is requested to
attend at the Seamen's Recruiting Office to be supplied for selection for
service in a foreign-going ship, a notice specifying the date on and time
at which he is required to attend shall be served on him.

(3) Every seaman supplied by the Seamen's Recruiting Office for
selection for service in a foreign-going ship, and every seaman offering
himself for selection for service in a foreign-going ship when permitted
to do so by the Superintendent under section 37, who is selected for
service in that ship shall be issued by the Superintendent with an
engagement card in the prescribed form and shall thereupon pay to the
Superintendent a fee of $4.

(4) If such a seaman who has been selected for service in a

11

foreign-going ship is not for any reason engaged for service in that
ship, he shall forthwith return to the Superintendent the engage-


ment card issued to him under subsection (3) and thereupon the
fee paid by the seaman pursuant to that subsection shall be refunded
to him.





(4A) Any such seaman who, having been selected for service in a
foreign-going ship, without reasonable excuse fails or refuses

c

(a) to sign the articles of agreement for service in that ship; or (b)
to join the ship or proceed to sea in the ship,

shall forfeit any fee paid by him pursuant to subsection (3).

(Added, 10 of 1973, s. 24)

(5) If, notwithstanding that he has given notice to the
Superintendent under subsection (1) that he seeks to be engaged for
service in a foreign-going ship, a seaman intends to take a holiday, he
shall give notice thereof to the Superintendent, specifying the days on
which he intends to take holiday.

39. (1) When a seman who has been selected for service in a foreign-
going ship, other than a Royal Fleet Auxiliary ship, after he has been
supplied for selection for service in that ship by the Seamen*s
Recruiting Office or after he has offered himself for selection for such
service when permitted to do so by the Superintendent under section 37
signs the articles of agreement for service in that ship or enters into any
other agreement (including an agreement known as a transit agreement)
for service therein, there shall be produced to the Superintendent of the
Mercantile Marine Office or the consular officer, as the case may be, at
the time the seaman signs the articles of agreement or other agreement
for service

(a)the engagement card issued to the seaman under section
38(3); and

(b)the seaman's service record book, (Amended, 16 of 1975, S.5)

and thereafter the seaman shall deliver the engagement card to the
master, owner or charterer of the ship or the agent of the master, owner
or charterer.

(2) If, at the time such a seaman who has been selected for service in
a foreign-going ship, other than a Royal Fleet Auxiliary ship, signs the
articles of agreement for service in that ship or enters into any other
agreement (including an agreement known as a transit agreement) for
service therein, the engagement card and the seaman's service record
book are not produced to the Superintendent of the Mercantile Marine
Office or the consular officer in accordance with subsection (1), the
master (if he was present at the time the articles of agreement or other
agreement were signed) and the owner or charterer of the ship, and the
agent of the master, owner or charterer, shall each be guilty of an offence
and shall be Aiable on summary conviction to a fine of $5,000.
(Amended, 16 of 1975, s. 5)

(3) A seaman who without reasonable excuse fails or refuses to
deliver the engagement card to the master, owner or charterer





of the ship, or the agent of the master, owner or charterer, in accordance
with subsection (1) shall be guilty of an offence and shall be liable on
summary conviction to a fine of $500.

40. (1) If, at any time before a seaman whose name appears in Part 1
of the register is discharged from a foreign-going ship on the termination
of his agreement, the master, owner or charterer of that ship, or the agent
of the master, owner or charterer, has notified the Superintendent, by
delivering to him a re-engagement card in the prescribed form containing
such particulars as may be required thereby, that the seaman is to be re-
engaged for service in that ship, then, within 45 days after his discharge
from that ship, the seaman may be re-engaged for service therein
otherwise than at or through the Seamen's Recruiting Office, and
without payment of any fee, if, at the time he is re-engaged, his name
appears in Part 1 of the register and his registration is not for the time
being suspended under section 17A(1), 17B(2) or 18(1)(i) or (ii) or
suspended for a further period under section 29(1). (Amended, 10 of
1973, s. 25)

(2) Where a re-engagement card is delivered to the Superintendent
pursuant to subsection (1), the Superintendent shall enter therein the
date on which he received the same and return it to the master, owner or
charterer of the ship or the agent of the master, owner or charterer, who
may in his discretion retain it or deliver it to the seaman.

(3) When a seman who is being re-engaged for service in a foreign-
going ship pursuant to subsection (1) signs the articles of agreement for
service in that ship or enters into any other agreement (including an
agreement known as a transit agreement) for service therein, there shall
be produced to the Superintendent of the Mercantile Marine Office or
the consular officer, as the case may be, at the time the seaman signs the
articles of agreement or other agreement for service

(a)the re-engagement card delivered to the Superintendent
pursuant to subsection (1); and

(b)the seaman's service record book, (Amended, 16 of 1975, s.5)

and thereafter, if the re-engagement card was delivered to the seaman
under subsection (2), the seaman shall deliver it to the master, owner or
charterer of the ship or the agent of the master, owner or charterer.

(4) If, at the time a seaman who is being re-engaged for service in a
foreign-going ship pursuant to subsection (1) signs the articles of
agreement for service in that ship or enters into any other agreement
(including an agreement known as a transit agreement) for service
therein, the re-engagement card and the seaman's service record book
are not produced to the Superintendent of the





Mercantile Marine Office or the consular officer in accordance with
subsection (3), the master (if he was present at the time the articles of
agreement or other agreement were signed) and the owner or charterer
of the ship, and the agent of the master, owner or charterer, shall each
be guilty of an offence and shall be liable on summary conviction to a
fine of $5,000. (Amended, 16 of 1975, s. 5)

(5) A seaman who without reasonable excuse fails or refuses to
deliver the re-engagement card to the master, owner or charterer of the
ship, or the agent of the master, owner or charterer, in accordance with
subsection (3) shall be guilty of an offence and shall be liable on
summary conviction to a fine of $500.

40A. Whenever a seaman's engagement on a foreign-going ship is
for any reason terminated and it is not intended to re-engage him for
service in that ship, the master, owner or charterer of the ship, or the
agent of the master, owner or charterer, shall, within 1 month of the date
of the seaman's discharge from the ship, cause to be delivered to the
Superintendent a notice in the prescribed form of the intention not to re-
engage the seaman.

(Added, 10 of 1973, s. 26)

41. (1) When all the seamen who have been selected for service in a
foreign-going ship, other than a Royal Fleet Auxiliary ship, after they
have been supplied for selection for service in that ship by the Seamen's
Recruiting Office or after they have offered themselves for selection for
such service when permitted to do so by the Superintendent under
section 37 have been en-aged for such service, and all the seamen, if
any, being re-engaged for service in that ship pursuant to section 40(1)
have been re-engaged, the owner or charterer of the ship, or the agent of
the owner or charterer, shall within 7 days after the last day of the month
during which the engagement or re-engagement took place, and at the
same time(Amended, 10 of 1973, s. 27)

(a) deliver to the Superintendent-

(i) the engagement card issued under section 38(3) to each
such seaman engaged for service in that ship;

(ii) the re-engagement card delivered to the Superintendent
pursuant to section 40(1) in respect of each seaman re-
engaged for service in that ship, which shall contain, in
addition to the particulars entered therein pursuant to the said
section 40(1), particulars of the date on which the seaman was
so re-engaged; and

(iii) a notice in the prescribed form specifying the total
number of such seamen engaged for service in that ship and
containing such other particulars as may be required thereby;
and

(b)pay to the Superintendent in respect of each such seaman
engaged for service in that ship a fee of $4.





(2) In the event of a contravention of subsection (1), the
owner or charterer of the ship, and the agent of the owner or
charterer, shall be guilty of an offence and shall be liable on sum-
mary conviction to a fine of $5,000.

42. (1) When a seaman who has been selected for service in
a Royal Fleet Auxiliary ship after he has been supplied for selection
for service in a foreign-going ship by the Seamen's Recruiting Office
or after he has offered himself for selection for such service when
permitted to do so by the Superintendent under section 37 signs
the articles of agreement for service in that ship or enters into any
other agreement (including an agreement known as a transit agree-
ment) for service therein, there shall be produced to the Superin-
tendent of the Mercantile Marine Office at the time the seaman
signs the articles of agreement or other agreement for service-

(a)the engagement card issued to the seaman under section
38(3); and
(b) the seaman's service record book,

and thereafter the seaman shall deliver the engagement card to the
Royal Fleet Auxiliary recruiting officer. (Amended, 16 of 1975,
s. 5, and 91 of 1975, s. 3)

(2) When all the seamen who have been selected for service
in a Royal Fleet Auxiliary ship after they have been supplied for
selection for service in that ship by the Seamen's Recruiting Office
or after they have offered themselves for selection for such service
when permitted to do so by the Superintendent under section 37
have been engaged for such service, the Royal Fleet Auxiliary
recruiting officer shall, within 7 days after the last day of the month
during which the engagement took place, and at the same time-
(Amended, 10 of 1973, s. 28, and 91 of 1975, s. 3)

(a) deliver to the Superintendent-
(i) the engagement card issued under section 38(3) to
each such seaman engaged for service in that ship; and
(ii) a notice in the prescribed form specifying the total
number of such seamen engaged for service in that ship
and containing such other particulars as may be required
thereby; and

(b)pay to the Superintendent in respect of each such seaman
engaged for service in that ship a fee of $4.

(3) A seaman who without reasonable excuse fails or refuses
to deliver the engagement card to the Royal Fleet Auxiliary recruit-
ing officer in accordance with subsection (1) shall be guilty of an
offence and shall be liable on summary conviction to a fine of $500.
(Amended, 91 of 1975, s. 3)





43. (1) When under section 37 the Superintendent permits a seaman
to offer himself for service in a foreign-going ship, he shall issue the
seaman with an emergency engagement card in the prescribed form, and
thereupon the seaman shall, if so required by the Superintendent, pay to
him a fee of 54.

(2) When a seaman to whom an emergency engagement card has
been issued under subsection (1) signs the articles of agreement for
service in that ship or enters into any other agreement for

cl

service therein-

(a) there shall be produced-

(i) to the Superintendent of the Mercantile Marine Office or
the consular officer, as the case may be; or

(ii) if the articles of agreement or other agreement for service
are not signed by the seaman in the presence of the
Superintendent of the Mercantile Marine Office or the
consular officer, to the master of the ship,

at the time the seaman signs the articles of agreement or other
agreement for service

(iii) the emergency engagement card issued to the seaman
under subsection (1); and

(iv) the seaman's service record book; and (Amended, 16 of
1975, s. 5)

(b)the seaman shall pay to the master, owner or charterer of the
ship, or the agent of the master, owner or charterer, a fee of $4,
unless, pursuant to a requirement of the Superintendent under
subsection (1), such fee has been paid to the Superintendent,

and thereafter the seaman shall deliver the emergency engagement card
to the master, owner or charterer of the ship or the agent of the master,
owner or charterer.

(3) When a seman to whom an emergency engagement card has
been issued under subsection (1) has been engaged for service in that
ship, the owner or charterer of the ship, or the agent of the owner or
charterer, shall, within 7 days after the last day of the month during
which the engagement took place, and at the same time- (Amended, 10
of 1973, s. 29)

(a) deliver to the Superintendent-

(i) the emergency engagement card issued to the seaman
under subsection (1); and

(ii) a notice in the prescribed form containing such
particulars with respect to the engagement of the seaman as
may be required thereby and, where the seaman was permitted
under section 37 to offer himself for service in that ship at the
request of the owner or charterer thereof or the agent of the
owner or charterer, a statement of the reason for such request;
and





(b)pay to the Superintendent in respect of the seaman a fee of $8
or, if pursuant to a requirement of the Superintendent under
subsection (1) the sesman has paid to the Superintendent the
fee of $4, a fee of $4.

(4) A notice delivered to the Superintendent pursuant to
subsection (3)(a)(ii) may be delivered in respect of more than 1 seaman.

(5) If, at the time a seaman to whom an emergency engagement card
has been issued under subsection (1) signs the articles of agreement for
service in that ship or other agreement for service therein, the emergency
engagement card and the seaman's service record book are not produced
to the Superintendent of the Mercantile Marine Office or the consular
officer or the master of the ship in accordance with subsection (2), then-
(Amended, 16 of 1975, s. 5)

(a)if the articles of agreement or other agreement for service were
signed in the presence of the Superintendent of the Mercantile
Marine Office or the consular officer, the master (if he was
present at the time the articles of agreement or other agreement
were signed) and the owner or charterer of the ship, and the
agent of the master, owner or charterer, shall each be :guilty of
an offence and shall be liable on summary conviction to a fine
of S5,000: and

(b) if the articles of agreement or other agreement for service

C

were riot signed in the presence of the Superintendent of the
Mercantile Marine Office or the consular officer, the master er
of the ship shall be guilty of an offence and shall be liable on
summary conviction to a fine of $5,000.

(6) In the event of a contravention of subsection (3), the owner or
charterer of the ship, and the agent of the owner or charterer, shall be
guilty of an offence and shall be liable on summary conviction to a fine
of $5,000.

(7) A seaman who-

(a)without reasonable excuse, fails or refuses to deliver the
emergency engagement card to the master, owner or charterer
of the ship, or the agent of the master, owner or charterer, in
accordance with subsection (2); or

(b)fails or refuses to pay to the master, owner or charterer of the
ship, or the agent of the master, owner or charterer, the fee of
$4 in accordance with subsection (2)(b),

shall be guilty of an offence and shall be liable on summary conviction
to a fine of 5500.

(8) If a seaman to whom an emergency engagement card has been
issued under subsection (1) is not for any reason engaged for service in
that ship, he shall forthwith return the emergency engage





ment card to the Superintendent and thereupon, if pursuant to a
requirement of the Superintendent under subsection (1) the seaman
has paid the fee of $4, the same shall be refunded to him.

44. (1) When under section 37 the Superintendent permits a
seaman to offer himself for service in a Royal Fleet Auxiliary ship,
he shall issue the seaman with an emergency engagement card in
the prescribed form, and thereupon the seaman shall, if so required
by the Superintendent, pay to him a fee of 54.

(2) When a seaman to whom an emergency engagement card
has been issued under subsection (1) signs the articles of agreement
for service in that ship or enters into any other agreement for service
therein-

(a) there shall be produced-
(i) to the Superintendent of the Mercantile Marine
Office; or
(ii) if the articles of agreement or other agreement for
service are not signed by the seaman in the presence of the
Superintendent of the Mercantile Marine Office, to the
master of the ship,

at the time the seaman signs the articles of agreement or
other agreement for service-
(iii) the emergency engagement card issued to the
seaman under subsection (1); and
(iv) the seaman's service record book; and (Amended,
16 of 1975, s. 5)

(b)the seaman shall pay to the Royal Fleet Auxiliary recruiting
officer a fee of 54, unless, pursuant to a requirement of
the Superintendent under subsection (1), such fee has been
paid to the Superintendent,

and thereafter the seaman shall deliver the emergency engagement
card to the Royal Fleet Auxiliary recruiting officer. (Amended, 91
of 1975, s. 3)

(3) When a seaman to whom an emergency engagement card
has been issued under subsection (1) has been engaged for service
in that ship, the Royal Fleet Auxiliary recruiting officer shall, within
7 days after the last day of the month during which the engagement
took place, and at the same time- (Amended, 10 of 1973, s. 30,
and 91 of 1975, s. 3)
(a) deliver to the Superintendent-
(i) the emergency engagement card issued to the seaman
under subsection (1); and
(ii) a notice in the prescribed form containing such
particulars with respect to the engagement of the seaman
as may be required thereby and, where the seaman was





permitted under section 37 to offer himself for service in
that ship at the request of the Royal Fleet Auxiliary
recruiting officer, a statement of the reason for such request;
and (Amended, 91 of 1975, s. 3)
(b)pay to the Superintendent in respect of the seaman a fee
of $8 or, if pursuant to a requirement of the Superintendent
under subsection (1) the seaman has paid to the Superin-
tendent the fee of $4, a fee of $4.

(4) A notice delivered to the Superintendent pursuant to
subsection (3)(a)(ii) may be delivered in respect of more than 1
seaman.

(5) If a seaman to whom an emergency engagement card has
been issued under subsection (1) is not for any reason engaged for
service in that ship, he shah forthwith return the emergency engage-
ment card to the Superintendent and thereupon, if pursuant to a
requirement of the Superintendent under subsection (1) the seaman
has paid the fee of $4, the same shall be refunded to him.

(6) A seaman who-

(a)without reasonable excuse, fails or refuses to deliver the
emergency engagement card to the Royal Fleet Auxiliary
recruiting officer in accordance with subsection (2); or
(b)fails or refuses to pay to the Royal Fleet Auxiliary recruiting
officer the fee of $4 in accordance with subsection (2)(b),

shall be guilty of an offence and shall be liable on summary con-
viction to a fine of 5500. (Amended, 91 of 1975, s. 3)

45. (1) Whenever a seaman is to be engaged for service in
a foreign-going ship, other than a Royal Fleet Auxiliary ship,
pursuant to section 34(8), the owner or charterer of the ship, or
the agent of the owner or charterer, shall complete in respect of
that seaman an emergency engagement card in the prescribed form
so as to contain the particulars requited thereby, and in the dis-
cretion of the owner or charterer, or the agent of the owner or
charterer, the card may be retained by him or delivered to the
seaman.

(2) When such seaman signs the articles of agreement for
service in that ship or enters into any other agreement for service
therein-

(a) there shall be produced-
(i) to the Superintendent of the Mercantile Marine
Office or the consular officer, as the case may be; or
(ii) if the articles of agreement or other agreement for
service are not signed in the presence of the Superintendent
of the Mercantile Marine Office or the consular officer, to
the master of the ship,





at the time the seaman signs the articles of agreement or
other agreement for service-
(iii) the emergency engagement card completed in
respect of the seaman pursuant to subsection (1); and
(iv) the seaman's service record book; and (Amended,
16 of 1975, s. 5)
(b)the seaman shall pay to the master, owner or charterer of
the ship, or the agent of the master, owner or charterer, a
fee of $4.

and thereafter, if the emergency engagement card was delivered to
the seaman under subsection (1), the seaman shall deliver it to the
master, owner or charterer of the ship or the agent of the master,
owner or charterer.

(3) When such seaman has been engaged for service in that
ship, the owner or charterer of the ship, or the agent of the owner
or charterer, shall, within 7 days after the last day of the month
during which the engagement took place, and at the same time-
(Amended, 10 of 1973, s. 31)
(a) deliver to the Superintendent-
(i) the emergency engagement card completed in respect
of the seaman pursuant to subsection (1); and
(ii) a notice in the prescribed form containing such
particulars with respect to the engagement of the seaman
as may be required thereby and a statement of the reason
for the engagement of the seaman pursuant to section 34(8);
and

(b)pay to the Superintendent in respect of the seaman a fee
of $8.

(4) A notice delivered to the Superintendent pursuant to
subsection (3)(a)(ii) may be delivered in respect of more than 1
seaman.

(5) If, at the time a seaman who is being engaged for service
in a foreign-going ship pursuant to section 34(8) signs the articles
of agreement for service in that ship or other agreement for service
therein, the emergency engagement card and the seaman's service
record book are not produced to the Superintendent of the Mercan-
tile Marine Office or the consular officer or the master of the ship in
accordance with subsection (2), then- (Amended, 16 of 1975, s. 5)
(a)if the articles of agreement or other agreement for service
were signed in the presence of the Superintendent of the
Mercantile Marine Office or the consular officer, the
master (if he was present at the time the articles of agree-
ment or other agreement were signed) and the owner or
charterer of the ship, and the agent of the master, owner
or charterer, shall each be guilty of an offence and shall
be liable on summary conviction to a fine of $5,000; and





(b)if the articles of agreement or other agreement for service
were not signed in the presence of the Superintendent of the
Mercantile Marine Office or the consular officer, the master of
the ship shall be guilty of an offence and shall be liable on
summary conviction to a fine of $5,000.

(6) In the event of a contravention of subsection (3), the owner or
charterer of the ship, and the agent of the owner or charterer, shall be
guilty of an offence and shall be liable on summary conviction to a fine
of $5,000.

(7) A seaman who-

(a)without reasonable excuse, fails or refuses to deliver the
emergency engagement card to the master, owner or charterer
of the ship, or the agent of the master, owner or charterer, in
accordance with subsection (2); or

(b)fails or refuses to pay to the master, owner or charterer of the
ship, or the agent of the master, owner or charterer, the fee of
$4 in accordance with subsection (2)(b),

shall be guilty of an offence and shall be liable on summary conviction
to a fine of $500.

46. (1) Whenever a seaman is to be en-aged for service in a Royal
Fleet Auxilary ship pursuant to section 34(8), the Royal Fleet Auxiliary
recruiting officer shall complete in respect of that seaman an emergency
engagement card in the prescribed form so as to contain the particulars
required thereby, and. in the discretion of the Royal Fleet Auxiliary
recruiting officer, the card may be retained by him or delivered to the
seaman.

(2) When such seaman signs the articles of agreement for service
in that ship or enters into any other agreement for service therein

(a) there shall be produced-

(i) to the Superintendent of the Mercantile Marine Office; or

(ii) if the articles of agreement or other agreement for service
are not signed in the presence of the Superintendent of the
Mercantile Marine Office, to the master of the ship,

at the lime the seaman signs the articles of agreement or other
agreement for service

(iii) the emergency engagement card completed in respect of
the seaman pursuant to subsection (1); and

(iv) the seaman's service record book; and (Amended, 16 of
1975, s. 5)

(b)the seaman shall pay to the Royal Fleet Auxiliary recruiting
officer a fee of $4,





and thereafter, if the emergency engagement card was delivered to the
seaman under subsection (1), the seaman shall return it to the Royal
Fleet Auxiliary recruiting officer.

(3) When such seaman has been engaged for service in that ship,
the Royal Fleet Auxiliary recruiting officer shall, within 7 days after the
last day of the month during which the engagement took place, and at
the same time- (Amended, 10 of 1973, s. 32)

(a) deliver to the Superintendent-

(i) the emergency engagement card completed in respect of
the seaman pursuant to subsection (1); and

(ii) a notice in the prescribed form containing such
particulars with respect to the engagement of the seaman as
may be required thereby and a statement of the reason for the
engagement of the seaman pursuant to section 34(8); and

(b)pay to the Superintendent in respect of the seaman a fee of $8.

(4) A notice delivered to the Superintendent pursuant to
subsection (3)(a)(ii) may be delivered in respect of more than 1 seaman.

(5) A seaman who-

(a) without reason able excuse, fails or refuses to deliver the
emergency engagement card to the Royal Fleet Auxiliary
recruiting officer in accordance with subsection (2); or

(b)fails or refuses to pay to the Royal Fleet Auxiliary recruiting
officer, the fee of $4 in accordance with subsection (2)(b),
shall be guilty of an offence and shall be liable on summary con-
viction to a fine of $500.

(Amended, 91 of 1975, s. 3)

PART VI

LICENSING AND CONTROL OF CREW DEPARTMENTS

47. (1) Save as provided in section 50, the Authority shall, on
payment of a fee of $5,000 grant a licence to maintain a crew department
to any company

(a)whose objects as set forth in the company's memorandum of
association include the carrying on of the business of
shipowner or the business of managing ships or the business
of acting as agent for a shipowner; and

(b) which in the opinion of the Authority is capable of main-

taining a crew department.(Replaced, 10 of 1973, s. 33)





(2) Every licence granted under this section shall be valid for 12
months and, save as provided in section 50, shall, on payment of a fee
of $5,000 be renewed for a period of 12 months at any one time.

(3) Upon the grant or renewal of a licence under this section, the
Authority may impose upon the licensed company such conditions as
he thinks fit.

48. (1) An application for the grant or renewal of a licence under
section 47 shall

(a)be in the prescribed form and contain the particulars required
thereby;

(b)be accompanied by such particulars, in the prescribed form, in
relation to each person employed or to be employed in the
crew department as may be required by such form; and

(c)be accompanied by such other particulars, in the prescribed
form, as may be required by such form.

(2) An application for the renewal of a licence under section 47
shall be made not less than 3 months before the expiry of the licence.

49. In addition to the particulars supplied in accordance with
section 48(1), the Authority may require a company applying for the
grant or renewal of a licence under section 47 to furnish to him such
information as he may specify, being information that is required for the
purposes of, or in connexion with, the exercise by the Authority of the
powers vested in him by section 50.

50. (1) The Authority, after consultation with the Advisory Board,
may refuse to grant or renew a licence under section 47

(a)if the application therefor is not made in accordance with
section 48;

(b)if he is satisfied that any of the particulars set forth in the
application therefor, or any of the particulars accompanying
such application in accordance with section 48(1), is false in a
material particular;

(c)if the company applying for the grant or renewal of the licence
refuses or fails to furnish him with any information required to
be furnished under section 49 or furnishes any such
information which is false in a material particular;

(d) unless he is satisfied that-

(i) the number of posts for which the crew department
supplies or will supply seamen is not or will not be less than
200;





(ii) the person who is specified in the application therefor as
the person who is or will be in charge of the crew department
is a fit and proper person to be in charge thereof and every
other person who is or will be employed in the crew
department is a fit and proper person to be employed therein;

(iii) the staff of the crew department, the salary or wages
paid to each member of such staff and the accommodation
provided for the use of the crew department, together with the
facilities available therein, are suitable and adequate;

(iv) suitable and adequate facilities and staff are or will be
provided by the company applying for the grant or renewal of
the licence for dealing with such allotments or remittances as
may be made by seamen supplied by the crew department for
service in foreign-going ships; and

(y) the terms on which seamen are engaged for service in all
foreign-going ships for service in which the crew department
supplies or will supply seamen are such as to induce seamen
to continue to serve in such ships;

(e)if any person who is or has been an officer or other employee
of the company applying for the grant or renewal of the
licence, or any person who, notwithstanding that he is not or
was not an officer or other employee of such company,
controls, directs or manages or has controlled, directed or
managed, or takes or has taken any part in the management of,
the business of such company, has at any time

(i) owned, either wholly or together with other persons, or
managed, or taken any part in the management of, any
boarding house commonly used by seamen or any business
by which any such boarding house is or was carried on or any
business engaged in the recruitment or supply of seamen; or

(ii) been employed in any such boarding house or business
or by any company carrying on any such business; or

if, where the company applying for the grant or renewal of the
licence does not own, charter or manage any foreigngoing
ships, the Authority intends, in exercise of the power
conferred by section 55, not to approve any person, in the
case of that company, for the purposes of the said section
55(1).

(2) In addition to the grounds specified in subsection (1), the
Authority may, after consultation with the Advisory Board, refuse to
grant a licence under section 47





(a)if the company applying for the licence has at any time
engaged in the recruitment or supply of seamen; or

(b)if in his opinion the interest of seamen, or of seamen who
would or might be recruited by the crew department in respect
of which the licence is applied for, will best be served by
refusing to grant the licence.

(3) In addition to the grounds specified in subsection (1), the
Authority may, after consultation with the Advisory Board, refuse to
renew a licence under section 47

(a) if there is or has been a contravention of-

(i) any of the provision of this Ordinance or any
requirement of the Authority or the Superintendent under this
Part; or

(ii) any condition imposed under section 47(3) on the grant
or renewal of the licence;

(b)if any person other than a member of the staff of the licensed
company employed in the licensed crew department or an
officer of the Seamen's Recruiting Office has taken any part
whatsoever, or assisted in any way, in the recruitment or
supply of any seamen supplied by the licensed company for
service in a foreign-going ship;



(e)if any person employed by the licensed company, by himself
or by or in conjunction with any other person, has corruptly
solicited or received, or agreed to receive, for himself or for
any other person, any gift, loan, fee, reward or advantage
whatsoever as an inducement to, or reward for, or otherwise
on account of any person employed by the licensed company
doing or forbearing to do anything in respect of any matter or
transaction whatsoever, actual or proposed, in which the
licensed crew department was concerned; or

(d)if any seaman has been supplied by the licensed company for
service in any foreign-going ship other than such a ship
owned, chartered or managed by the licensed company or by a
person approved by the Authority, in the case of the licensed
company, for the purposes of section 55(1).

51. Where the Authority refuses to grant or renew a licence under
section 47, he shall give notice in writing thereof to the company
applying for the grant or renewal thereof.

52. If a licensed company does not intend to apply for the renewal
of its licence under section 47, notice thereof in writing shall be given to
the Superintendent not less than 3 months before the expiry of the
licence.





53. (1) A licence granted under section 47 may be cancelled by the
Authority at any time, after consultation with the Advisory Board, in
any of the following cases, that is to say

(a) if there is or has been a contravention of-

(i) any of the provisions of this Ordinance or any
requirement of the Authority or the Superintendent under this
Part; or

(ii) any condition imposed under section 47(3) on the grant
or renewal of the licence;

(b)if he is not satisfied that the person in charge of the licensed
crew department is a fit and proper person to be in charge
thereof;

(c)if any person who is or has been an officer or other employee
of the licensed company, or any person who, notwithstanding
that he is not or was not an officer or other employee of such
company, controls, directs or manages or has controlled,
directed or managed, or takes or has taken any part in the
management of, the business of such company, has at any time

(i) owned, either wholly or together with other persons, or
managed, or taken any part in the management of, any
boarding house commonly used by seamen or any business
by which any such boarding house is or was carried on or any
business engaged in the recruitment or supply of seamen; or

(ii) been employed in any such boarding house or business
or by any company carrying on any such business;

(d)if any person other than a member of the staff of the licensed
company employed in the licensed crew department or an
officer of the Seamen's Recruiting Office has taken any part
whatsoever, or assisted in any way, in the recruitment or
supply of any seaman supplied by the licensed company for
service in a foreign-going ship;

(e)if any person employed by the licensed company, by himself
or by or in conjunction with any other person, has corruptly
solicited or received, or agreed to receive, for himself or for any
other person, any gift, loan, fee, reward or advantage
whatsoever as an inducement to, or reward for, or otherwise on
account of any person employed by the licensed company
doing or forbearing to do anything in respect of any matter or
transaction whatsoever, actual or proposed, in which the,
licensed crew department was concemed; or

if any seaman has been supplied by the licensed company for
service in any foreign-going ship other than such a ship
owned, chartered or managed by the licensed company or





by a person approved by the Authority, in the case of the
licensed company, for the purposes of section 55(1).

(2) Whenever the Authority cancels any licence granted under
section 47, he shall forthwith give to the company notice in writing of
the cancellation, together with a statement of the ground on which the
licence was cancelled, and the cancellation shall take effect upon the
expiry of a period of 28 days after the giving of such notice.

54. (1) Any company aggrieved by-

(a)a refusal of the Authority to grant or renew a licence under
section 47;

(b)any condition imposed by the Authority under section 47(3)
on the grant or renewal of any such licence;

(c)a refusal of the Authority to approve any person, in the case
of that company, for the purposes of section 55(1); or

(d) the cancellation of its licence under section 47,

may-

(i) in the first-mentioned case, within 28 days after the giving of
the notice under section 51;

(ii) in the second-mentioned case, within 28 days after the grant or
renewal of the licence;

(iii) in the third-mentioned case, within 28 days after the giving of
the notice under section 55(3); or

(iv) in the fourth-mentioned case, within 28 days after the giving of
the notice under section 53(2),

or within such further period as the Governor in Council may allow in
any such case, appeal by way of petition to the Governor in Council.

(2) Upon any such appeal, the Governor in Council may confirm,
reverse or vary the decision of the Authority and may exercise any
power which the Authority might have exercised.

55. (1) A licensed company may supply seamen for service in
foreign-going ships that the company owns, charters or manages or for
service in foreign-going ships that are owned, chartered or managed by
such other persons as the Authority may think fit to approve on the
grant of the licence and thereafter whenever the licence is renewed.

(2) Without prejudice to the discretion conferred on the Authority
with respect to the approval of persons for the purposes of subsection
(1), the Authority may refuse to approve any person unless he is
satisfied that the terms on which seamen are engaged





for service in all foreign-going ships that he owns, charters or manages
are such as to induce seamen to continue to serve in such ships.

(3) Where the Authority refuses to approve any person for the
purposes of subsection (1), he shall give notice in writing thereof to the
licensed company.

56. (1) Save as provided in subsection (3), a seaman shall not be
supplied by a licensed company for service in a foreign-going ship
unless his name appears in the crew department list kept in the licensed
crew department maintained by such company.

(2) After the Superintendent has given notice in writing to a
licensed company under section 17A(3), 17B(3), 18(4) or 31(4) that the
registration of a seaman whose name appears in Part IV of the register in
respect of the licensed company has been suspended or suspended for a
further period, as the case may be, the licensed crew department
maintained by such company shall not supply that seaman for service in
a foreign-going ship at any time while his registration continues to be
suspended. (Amended, 10 of 1973, s.34)

(3) If, in any case of emergency-

(a)a suitable seaman whose name appears in the crew department
list kept in the licensed crew department is not available; and

(b)the Seamen's Recruiting Office is closed at the time the seaman
comes to be supplied; and

(c)the ship would be delayed if the recruitment or supply of the
seaman were postponed until the time when seamen may next
be recruited or engaged at or through the Seamen's Recruiting
Office,

a licensed company may, notwithstanding that the name of the seaman
does not appear in the crew department list kept in the licensed crew
department maintained by such company, supply for service in a foreign-
going ship a seaman who has been recruited otherwise than at or
through the Seamen's Recruiting Office if the name of the seaman
appears in Part 1 of the register and his registration is not for the time
being suspended under section 17A(1), 17B(2) or 18(1)(i) or (ii) or
suspended for a further period under 5 c ion 29(1), and any person who
in any such case recruits such seaman or supplies him to the licensed
company shall not thereby contravene subsection (1) or (2), as the case
may be, of section 34. (Amended, 10 of 1973, s. 34)

57. (1) There shall be kept in a licensed crew department, in such
form and manner as the Superintendent has approved, a list containing
the names of all seamen whose names for the time being appear in Part
IV of the register in respect of the licensed company by which the
licensed crew department is maintained.





(2) The name of a seaman shall not be entered in the crew
department list kept in a licensed crew department unless his name
appears in Part IV of the register in respect of the licensed company
by which the licensed crew department is maintained.

(3) A seaman may at any time give notice to a licensed com-
pany that he wishes to have his name removed from the crew
department list kept in the licensed crew department maintained
by such company and his name shall thereupon be removed from
such list.

(4) A licensed company may at any time remove the name of
a seaman from the crew department list kept in the licensed crew
department maintained by such company.

(5) Whenever, under subsection (3) or (4), the name of a
seaman is removed from the crew department list, the licensed
company shall forthwith give notice thereof to the Superintendent,
together with a statement of the ground on which it was removed.

(6) Where the Superintendent has given notice in writing to
a licensed company under section 17(4) or 31(3) that the name of
a seaman whose name appeared in Part IV of the register in respect
of that licensed company has been removed from the register, the
licensed company shall forthwith remove the name of the seaman
from the crew department list kept in the licensed crew department
maintained by such company.

(7) Where the Superintendent has given notice in writing to
a licensed company under section 31(2) or under section 33 that
the name of a seaman whose name appeared in Part IV of the
register in respect of that licensed company has been restored to
Part IV of the register, the licensed company shall forthwith restore
the name of the seaman to the crew department list from which it
was removed in accordance with subsection (6).

58. (1) IF, after such inquiry as he thinks fit, the Superin-
tendent considers that the name of a seaman was removed under
section 57(4) from the crew department list without any or any
sufficient cause, the licensed company shall, if so required by the
Superintendent, restore the name of the seaman to the list.

(2) A decision of the Superintendent that the name of a seaman
was so removed from a crew department list shall be final.

59. (1) There shall be kept in a licensed crew department, in
such form and manner as the Superintendent has approved-

(a)a record containing the name of each seaman, being a
seaman whose name appears in the crew department list,
who is for the time being waiting to be supplied for service
in a foreign-going ship owned, chartered or managed by
the licensed company; and





(b)save as provided in subsection (2), a separate record in
respect of each person approved in the case of the licensed
company for the purposes of section 55(1) containing the
name of each seaman, being a seaman whose name appears
in the crew department list, who is for the time being
waiting to be supplied for service in a foreign-going ship
owned, chartered or managed by that person.

(2) In lieu of the separate records in respect of each person
approved in the case of a licensed company for the purposes of
section 55(1) required to be kept by subsection (1)(b), there may,
with the permission of the Authority, be kept in a licensed crew
department, in such form and manner as the Superintendent has
approved, one record containing the names of all seamen who are
for the time being waiting to be supplied for service in foreign-going
ships owned, chartered or managed by all persons approved in the
case of that licensed company for the purposes of section 55(1) or
by such of those persons as the Authority may permit.

(3) The names of seamen shall be entered in a record kept
pursuant to or under the provisions of this section by such method
or in such manner as the Superintendent has approved.

(4) Any such record shall contain in respect of each seaman
whose name appears therein such particulars as the Superintendent
may require.

60. (1) Without prejudice to any other provision of this
Ordinance, there shall at all times be displayed in a conspicuous
position in a part of a licensed crew department to which seamen
have access-

(a)a notice or notices containing the name of each seaman,
being a seaman whose name appears in the crew depart-
ment list, who is for the time being waiting to be supplied
for service in a foreign-going ship owned, chartered or
managed by the licensed company;

(b)save as provided in subsection (2), a separate notice or
separate notices in respect of each person approved in the
case of the licensed company for the purposes of section
55(1) containing the name of each seaman, being a seaman
whose name appears in the crew department list, who is for
the time being waiting to be supplied for service in a
foreign-going ship owned, chartered or managed by that
person;

(e)a notice or notices specifying the wages paid to each rating
of seamen by the owner or charterer of each foreign-going
ship for service in which the licensed company supplies
seamen;





(d)a copy, in the English language and the Chinese language, of
the articles of agreement, or other agreement for service, used
in each foreign-going ship for service in which the licensed
company supplies seamen;

(e)a notice setting forth, in the English language and the Chinese
language, the provisions of section 73; and

such other notices or documents as may be required by the
Superintendent.

(2) In lieu of the separate notice or notices in respect of each person
approved in the case of the licensed company for the purposes of
section 55(1) required by subsection (1)(b) to be displayed in a licensed
crew department, there may, with the permission of the Authority, be
displayed in a licensed crew department, in such form and manner as the
Superintendent has approved, a notice or notices containing the names
of all seamen who are for the time being waiting to be supplied for
service in foreign-going ships owned, chartered or managed by all
persons approved in the case of that licensed company for the purposes
of section 55(1) or by such of those persons as the Authority may
permit.

(3) The notice or notices displayed in a licensed crew department
pursuant to subsection (1)(a) or (b) or under subsection (2) shall be in
such form as the Superintendent has approved and shall be in both the
English language and the Chinese language.

(4) Any notice or other document displayed in a licensed crew
department pursuant to subsection (1)(f) shall be in the English
language and, if so required by the Superintendent, in the Chinese
language.

(5) The names of seamen shall be entered in the notice or notices
displayed in a licensed crew department pursuant to subsection (1)(a) or
(b) or under subsection (2) by such method or in such manner as the
Superintendent has approved.

(6) The notice or notices displayed in a licensed crew department
pursuant to subsection (1)(a) or (b) or under subsection (2) shall be
deemed to contain the names of all seamen who are for the time being
waiting to be supplied for service in such foreign-going ships as are
referred to in the said subsection (1)(a) or (b) or in the said subsection
(2), as the case may be

(a)if the notice or notices contains or contain the names of all
seamen waiting to be supplied for service in such ships on the
day on which the notice or notices was or were first displayed
and the notice or notices has not or have not been displayed
for more than 16 days; or

(b)if the notice or notices has or have been revised within the
preceding 16 days so that it or they contains or contain the
names of all seamen waiting to be supplied for service in such
ships on the day on which the notice or notices was

or were so revised.(Amended, 10 of 1973, s. 35)





(7) A notice displayed in a licensed crew department pursuant to
subsection (1)(a) or (b) or under subsection (2) shall have marked
thereon

(a) the date on which it was first so displayed; and

(b)if it has been revised, the date on which it was revised or last
revised, as the case may be.

61. (1) The method or methods used in a licensed crew department
to select seamen whose names are entered in the crew department list to
be supplied

(a)for service in foreign-going ships that are owned, chartered or
managed by the licensed company; or

(b)for service in foreign-going ships that are owned, chartered or
managed by a person approved in the case of the licensed
company for the purposes of section 55(1),

shall be such as the Authority has approved.

(2) At all times, there shall be displayed in a conspicuous position
in a part of a licensed crew department to which seamen have access a
notice or notices, in the English language and the Chinese language,
specifying the approved method or methods used in the licensed crew
department to select seamen to be supplied for service in foreign-going
ships for which the licensed company supplies seamen.

62. (1) Save as provided in section 64(1), a licensed company shall
pay to the Superintendent, in respect of every seaman supplied by it for
service in a foreign-going ship and engaged for such service, a fee of
$8.

(2) A licensed company may, before or after it has paid to the
Superintendent the fee required to be paid by subsection (1), require
any such seaman to pay to it, by way of a contribution to such fee, any
sum not exceeding $4.

63. (1) Whenever a seaman whose name appears in the crew
department list is supplied by a licensed company for service in a
foreign-going ship, an engagement card in the prescribed form shall be
completed in respect of that seaman so as to contain the particulars
required thereby, and, in the discretion of the licensed company, the
card may be. retained by the company or delivered to the seaman.

(2) When such seaman signs the articles of agreement for service in
that ship or enters into any other agreement (including an agreement
known as a transit agreement) for service therein, there shall be
produced to the Superintendent of the Mercantile Marine Office or the
consular officer, as the case may be, at the time the seaman signs the
articles of agreement or other agreement for service





(a)the engagement card completed in respect of the seaman
pursuant to subsection (1); and

(b)the seaman's service record book, (Amended, 16 of 1975, S.5)

and thereafter, if the engagement card was delivered to the seaman
under subsection (1), the seaman shall return it to the licensed
company.

(3) If, at the time such seaman signs the articles of agreement for
service in that ship or enters into any other agreement (including an
agreement known as a transit agreement) for service therein, the
engagement card and the seaman's service record book are not produced
to the Superintendent of the Mercantile Marine Office or the consular
officer in accordance with subsection (2), the licensed company shall be
guilty of an offence and shall be liable on summary conviction to a fine
of $5,000. (Amended, 16 of 1975, s.5)

(4) A seaman who without reasonable excuse fails or refuses to
return the engagement card to the licensed company in accordance with
subsection (2) shall be guilty of an offence and shall be liable on
summary conviction to a fine of $500.

64. (1) If, at any time before a seaman whose name appears in the
crew department list kept in the licensed crew department maintained by
a licensed company is discharged on the termination of his agreement
from a foreign-going ship for service in which the licensed crew
department is permitted by section 55 to supply seamen, the licensed
company has notified the Superintendent, by delivering to him a re-
engagement card in the prescribed form containing such particulars as
may be required thereby, that the seaman is to be re-engaged for service
in that ship, then, within 45 days after his discharge from that ship, the
seaman may be re-engaged for service therein without payment of any
fee if, at the time he is re-engaged, the name of the seaman appears in
the crew department list and the Superintendent has Pot given notice in
writing to the licensed company under section 17A(3), 17B(3), 18(4) or
31(4) that the registration of the seaman has been suspended or
suspended for a further period, as the case may be. (Amended, 10 of
1973, s. 36)

(2) Where a re-engagement card is delivered to the Superintendent
pursuant to subsection (1), the Superintendent shall mark thereon the
date on which he received the same and return it to the licensed
company, which may, in its discretion, retain it or deliver it to the
seaman.

(3) When a seaman who is being re-engaged for service in a foreign-
going ship pursuant to subsection (1) signs the articles of agreement for
service in that ship or enters into any, other agreement





(including an agreement known as a transit agreement) for service
therein, there shall be produced to the Superintendent of the
Mercantile Marine Office or the consular officer, as the case may
be, at the time the seaman signs the articles of agreement or other
agreement for service-
(a)the re-engagement card delivered to the Superintendent
pursuant to subsection (1); and
(b)the seaman's service record book, (Amended, 16 of 1975,
s. 5)
and thereafter, if the re-engagement card was delivered to the
seaman under subsection (2), the seaman shall return it to the
licensed company.

(4) If, at the time a seaman who is being re-engaged for
service in a foreign-going ship pursuant to subsection (1) signs the
articles of agreement for service in that ship or enters into any
other agreement (including an agreement known as a transit agree-
ment) for service therein, the re-engagement card and the seaman's
service record book are not produced to the Superintendent of the
Mercantile Marine Office or the consular officer in accordance with
subsection (3), the licensed company shall be guilty of an offence
and shall be liable on summary conviction to a fine of $5,000.
(Amended, 16 of 1975, s. 5)

(5) A seaman who without reasonable excuse fails or refuses
to return the re-engagement card to the licensed company in
accordance with subsection (3) shall be guilty of an offence and
shall be liable on summary conviction to a fine of $500.

65. (1) When all the seamen supplied by a licensed company
for service in a foreign-going ship have been engaged for such service,
and all the seamen being re-engaged for service in that ship under
section 64(1) have been re-engaged, the licensed company shall,
within 7 days after the last day of the month during which the
engagement or re-engagement took place, and at the same time-
(Amended, 10 of 1973, s. 37)
(a) deliver to the Superintendent-
(i) the engagement card completed pursuant to section
63(1) in respect of each such seaman engaged for service
in that ship;
(ii) the re-engagement card delivered to the Superin-
tendent pursuant to section 64(1) in respect of each such
seaman re-engaged for service in that ship, which shall
contain, in addition to the particulars entered therein
pursuant to the said section 64(1), particulars of the date
on which the seaman was so re-engaged; and
(iii) a notice in the prescribed form specifying the
total number of such seamen supplied and engaged for
service in that ship and containing such other particulars
as may be required thereby; and





(b)pay to the Superintendent in respect of each such seaman
supplied and engaged for service in that ship the fee of
$8 payable under section 62(1).

(2) In the event of a contravention of subsection (1), the
licensed company shall be guilty of an offence and shall be liable
on summary conviction to a fine of $5,000.

66. (1) Whenever a seaman is supplied by a licensed com-
pany for service in a foreign-going ship pursuant to section 56(3),
an emergency engagement card in the prescribed form shall be
completed in respect of that seaman so as to contain the particulars
required thereby, and, in the discretion of the licensed company,
the card may be retained by the company or delivered to the
seaman.

(2) When such seaman signs the articles of agreement for
service in that ship or enters into any other agreement for service
therein, there shall be produced-

(a)to the Superintendent of the Mercantile Marine Office or
the consular officer, as the case may be; or
(b)if the articles of agreement or other agreement for service
are not signed by the seaman in the presence of the
Superintendent of the Mercantile Marine Office or the
consular officer, to the master of the ship,

at the time the seaman signs the articles of agreement or other
agreement for service-
(i) the emergency engagement card completed in respect of
the seaman pursuant to subsection (1); and
(ii) the seaman's service record book, (Amended, 16 of 1975,
s. 5)

and thereafter, if the emergency engagement card was delivered
to the seaman under subsection (1), the seaman shall return it to
the licensed company.

(3) When a seaman who has been supplied by a licensed
company for service in a foreign-going ship pursuant to section
56(3) has been engaged for service in that ship, the licensed com-
pany shall, within 7 days after the last day of the month during
which the engagement took place, and at the same time-
(Amended, 10 of 1973, s. 38)
(a) deliver to the Superintendent-
(i) the emergency engagement card completed in respect
of the seaman pursuant to subsection (1); and
(ii) a notice in the prescribed form containing such
particulars with respect to the engagement of the seaman
as may be required thereby and a statement of the reason
for the supplying of the seaman pursuant to section
56(3); and





(b)pay to the Superintendent in respect of the seaman the fee of
$8 payable under section 62(1).

(4) A notice delivered to the Superintendent pursuant to
subsection (3)(a)(ii) may be delivered in respect of more than 1 seaman.

(5) If, at the time a seaman who has been supplied by a licensed
company for service in a foreign-going ship pursuant to section 56(3)
signs the articles of agreement for service in that ship or other agreement
for service therein, the emergency engagement card and the seaman's
service record book are not produced to the Superintendent of the
Mercantile Marine Office or the consular officer or the master of the ship
in accordance with subsection (2), the licensed company shall be guilty
of an offence and shall be liable on summary conviction to a fine of
$5,000. (Amended, 16 of 1975, s. 5)

(6) In the event of a contravention of subsection (3), the licensed
company shall be guilty of an offence and shall be liable on summary
conviction to a fine of $5,000.

(7) A seaman who, without reasonable excuse, fails or refuses to
return the emergency engagement card to the licensed company in
accordance with subsection (2) shall be guilty of an offence and shall be
liable on summary conviction to a fine of $500.

67. (1) Whenever-

(a)any person in relation to whom particulars were not supplied
to the Authority, in accordance with section 48(1)(b), at the
time of the application for the grant or renewal of a licence
under section 47 commences to be employed in a licensed
crew department; or

(b)any person in relation to whom particulars were supplied to
the Authority, in accordance with section 48(1)(b), at the time
of the application for the grant or renewal of a licence under
section 47 ceases to be employed in the licensed crew
department,

the licensed company shall notify the Authority forthwith, and where
such notice is given in relation to a person referred to in paragraph (a)
the licensed company shall supply to the Authority such particulars in
relation to that person as the Authority may require on receipt of such
notice.

(2) A notice under subsection (1) shall be signed by the person in
charge of the licensed crew department.

(3) In the event of a contravention of any of the provisions of
subsection (1) or of subsection (2), the licensed company shall be guilty
of an offence and shall be liable on summary conviction to a fine of
$5,000.





68. (1) Within 7 days after the last day of each month during the
whole or part of which a licence under section 47 is in force, the licensed
company shall deliver to the Superintendent a notice in the prescribed
form containing such particulars in relation to seamen supplied by it for
service in foreign-going ships during that month as may be required by
such form.

(2) A notice under subsection (1) shall be signed by the person in
charge of the licensed crew department.

(3) In the event of a contravention of subsection (1) or of
subsection (2), the licensed company shall be guilty of an offence and
shall be liable on summary conviction to a fine of $5,000.

69. (1) Within 7 days after the last day of each quarter during the
whole or part of which a licence under section 47 is in force, the licensed
company shall deliver to the Authority a notice in the prescribed form

(a)setting out any changes in any of the particulars supplied to
the Authority pursuant to section 48(1), other than particulars
in relation to persons employed in the licensed crew
department, since the licence was granted or renewed or since
the preceding notice delivered pursuant to this section was
delivered, as the case may be; or

(b) declaring that there have been no such changes.

(2) A notice under subsection (1) shall be signed by the person in
charge of the licensed crew department.

(3) In the event of a contravention of any of the provisions of
subsection (1) or of subsection (2), the licensed company shall be guilty
of an offence and shall be liable on summary conviction to a fine of
$5,000.

70. The Superintendent may by notice in writing require the names
of such members of the staff of a licensed crew department as he
considers necessary to be displayed in a conspicuous position in the
place where such members of the staff are discharging their duties.

71. (1) The method or methods used by a licensed company to pay
to persons in whose favour allotments or remittances are made by
seamen supplied by it

(a)for service in foreign-going ships that are owned, chartered or
managed by such company; or

(b)for service in foreign-going ships that are owned, chartered or
managed by a person approved in the case of such company
for the purposes of section 55(1),

shall be such as the Authority has approved.





(2) At all times, there shall be displayed in a conspicuous
position in a part of a licensed crew department to which seamen
have access and, where allotments and remittances are dealt with
elsewhere than in the licensed crew department, in that part of
the premises of the licensed company in which the same are dealt
with-

(a)a notice or notices specifying the approved method or
methods used by the licensed company to pay allotments
and remittances;

(b)a notice specifying the days on and times at which
allotments and remittances are dealt with;

(c)such other notices relating to allotments and remittances
as the Authority may require.

(3) Every notice displayed in a licensed crew department
pursuant to subsection (2) shall be in the English language and
the Chinese language.

72. Where an advance of wages is to be paid to a seaman
supplied by a licensed company for service in a foreign-going
ship and the law of the territory in which such ship is registered
does not require that advances of wages shall be paid to seamen
in the presence of either a government officer responsible for
supervising the engagement of seamen or the consular officer
representing such territory, then, the whole of such advance of
wages, without any deduction therefrom, shall be paid to such
seaman by the person in charge of the licensed crew department
or by a person employed by the licensed company who has been
appointed for the purpose by the person in charge of the licensed
crew department.

73. (1) Any person employed by a licensed company who,
by himself or by or in conjunction with any other person, corruptly
solicits or receives, or agrees to receive, for himself or for any
other person, any gift, loan, fee, reward or advantage whatsoever
as an inducement to, or reward for, or otherwise on account of
any person employed by the licensed company doing or forbearing
to do anything in respect of any matter or transaction whatsoever,
actual or proposed, in which the licensed crew department main-
tained by such company is concerned shall be guilty of an offence.

(2) Any person who, by himself or by or in conjunction with
any other person, corruptly gives, promises or offers any gift,
loan, fee, reward or advantage whatsoever to any person. whether
for the benefit of that person or another person, as an inducement
to or reward for or otherwise on account of any person employed
by a licensed company doing or forbearing to do anything in
respect of any matter or transaction whatsoever, actual or proposed,
in which the licensed crew department maintained by such company
is concerned shall be guilty of an offence.





(3) Any person who commits an offence against subsection (1) or
(2) shall be liable

(a)on summary conviction, to a fine of $5,000 and to
imprisonment for 2 years; and

(b)on conviction on indictment, to a fine of $10,000 and to
imprisonment for 5 years.

PART VII

SUPPLY OF SEAMEN BY ROYAL FLEET AUXILIARY
RECRUITING
OFFICER FOR SERVICE IN ROYAL FLEET AUXILIARY SHIPS
(Amended, 91 of 1975, s. 2)

74. (1) Save as provided in subsection (3), a seaman shall not be
supplied by the Royal Fleet Auxiliary recruiting officer for service in a
Royal Fleet Auxiliary ship unless his name appears in the crew
department list kept by the Royal Fleet Auxiliary recruiting officer.

(2) After the Superintendent has given notice in writing to the
Royal Fleet Auxiliary recruiting officer under section 17A(3), 17B(3),
18(4) or 31(4) that the registration of a seaman whose name appears in
Part IV of the register in respect of the Royal Fleet Auxiliary recruiting
officer has been suspended or suspended for a further period, as the
case may be, the Royal Fleet Auxiliary recruiting officer shall not supply
that seaman for service in a Royal Fleet Auxiliary ship at any time while
the registration of that seaman continues to be suspended.

(3) If, in any case of emergency-

(a)a suitable seaman whose name appears in the crew department
list kept by the Royal Fleet Auxiliary recruiting officer is not
available; and

(b)the Seamen's Recruiting Office is closed at the time the seaman
comes to be supplied; and

(c)the ship would be delayed if the recruitment or supply of the
seaman were postponed until the time when seamen may next
be recruited or engaged at or through the Seamen's Recruiting
Office,

the Royal Fleet Auxiliary recruiting officer may, notwithstanding
that the name of the seaman does not appear in the crew depart-
ment list kept by him, supply for service in a Royal Fleet Auxiliary
ship a seaman who has been recruited otherwise than at or through
the Seamen's Recruiting Office if the name of the seaman appears
in Part 1 of the register and his registration is not for the time
being suspended under section 17A(1), 17B or, 18(1)(i) or (ii) or
suspended for a further period under section and any person
who in any such case recruits such seaman or supplies him to the
Royal Fleet Auxiliary recruiting officer shall not thereby contravene
subsection (1) or (2), as the case may be, of section 34.

(Amended, 10 of 1973, s. 39, and 91 of 1975, s. 3)





75. (1) There shall be kept by the Royal Fleet Auxiliary
recruiting officer, in such form and manner as the Superintendent
has approved, a list containing the names of all seamen whose
names for the time being appear in Part IV of the register in respect
of the Royal Fleet Auxiliary recruiting officer.

(2) The name of a seaman shall not be entered in the crew
department list kept by the Royal Fleet Auxiliary recruiting officer
unless his name appears in Part IV of the register in respect of the
Royal Fleet Auxiliary recruiting officer.

(3) A seaman may at any time give notice to the Royal Fleet
Auxiliary recruiting officer that he wishes to have his name removed
from the crew department list kept by the Royal Fleet Auxiliary
recruiting officer and his name shall thereupon be removed from
such list.

(4) The Royal Fleet Auxiliary recruiting officer may at any
time remove the name of a seaman from the crew department list
kept by him.

(5) Whenever, under subsection (3) or (4), the name of a
seaman is removed from the crew department list, the Royal Fleet
Auxiliary recruiting officer shall forthwith give notice thereof to the
Superintendent, together with a statement of the ground on which
it was removed.

(6) Where the Superintendent has given notice in writing to
the Royal Fleet Auxiliary recruiting officer under section 17(4) or
31(3) that the name of a seaman whose name appeared in Part IV
of the register in respect of the Royal Fleet Auxiliary recruiting
officer has been removed from the register, the Royal Fleet Auxiliary
recruiting officer shall forthwith remove the name of the seaman
from the crew department list kept by him.

(7) Where the Superintendent has given notice in writing to
the Royal Fleet Auxiliary recruiting officer under section 31(2) or
under section 33 that the name of a seaman whose name appeared
in Part IV of the register in respect of the Royal Fleet Auxiliary
recruiting officer has been restored to Part IV of the register, the
Royal Fleet Auxiliary recruiting officer shall forthwith restore the
name of the seaman to the crew department list kept by him.
(Amended, 91 qf 1975, s. 3)

76. (1) If, after such inquiry as he thinks fit, the Superintend-
ent considers that the name of a seaman was removed under
section 75(4) from the crew department list without any or any
sufficient cause, the Royal Fleet Auxiliary recruiting officer shall,
if so required by the Superintendent, restore the name of the seaman
to that list. (Amended, 91 of 1975, s. 3)

(2) A decision of the Superintendent that the name of a
seaman was so removed from the crew department list shall be final.





77. (1) There shall be kept by the Royal Fleet Auxiliary recruiting
officer, in such form and manner as the Superintendent has approved, a
record containing the name of each seaman, being a seaman whose
name appears in the crew department list, who is for the time being
waiting to be supplied for service in a Royal Fleet Auxiliary ship.
(Amended, 91 of 1975, s. 3)

(2) The names of seamen shall be entered in the record kept
pursuant to subsection (1) by such method or in such manner as the
Superintendent has approved.

(3) Such record shall contain in respect of each seaman whose
name appears therein such particulars as the Superintendent may
require.

78. (1) Without prejudice to any other provision in this Part, there
shall at all times be displayed in a conspicuous position in a part of the
crew department managed by the Royal Fleet Auxilary recruiting officer
to which seamen have access- (Amended, 91 of 1975,s.3)

(a)a notice or notices containing the name of each seaman, being
a seaman whose name appears in the crew department list,
who is for the time being waiting to be supplied for service in a
Royal Fleet Auxiliary ship;

(b)a notice or notices specifying the wages paid to each rating of
seamen in service in Royal Fleet Auxiliary ships;

(e)a copy, in the English language and the Chinese language, of
the articles of agreement, or other agreement for service, used
in Royal Fleet Auxiliary ships; and

(d)such other notices or documents as may be required by the
Superintendent.

(2) The notice or notices displayed pursuant to subsection (1)(a)
shall be in such form as the Superintendent has approved and shall be
in both the English language and the Chinese language.

(3) Any notice displayed pursuant to subsection (1)(d) shall be in
the English language and, if so required by the Superintendent, in the
Chinese language.

(4) The names of seamen shall be entered in the notice or notices
displayed pursuant to subsection (1)(a) by such method or in such
manner as the Superintendent has approved.

(5) The notice or notices displayed pursuant to subsection (1)(a)
shall be deemed to contain the names of all seamen who are for the time
being waiting to be supplied for service in Royal Fleet Auxiliary ships

(a)if the notice or notices contains or contain the names of all
seamen waiting to be supplied for service in such ships





on the day on which the notice or notices was or were
first displayed and the notice or notices has not or have
not been displayed for more than 14 days; or
(b)if the notice or notices has or have been revised within
the preceding 14 days so that it or they contains or contain
the names of all seamen waiting to be supplied for service
in such ships on the day on which the notice or notices
was or were so revised.

(6) Every notice displayed pursuant to subsection (1)(a) shall
have marked thereon-
(a) the date on which it was first displayed; and
(b)if it has been revised, the date on which it was revised or
last revised, as the case may be.

79. (1) The method or methods used in the crew department
managed by the Royal Fleet Auxiliary recruiting officer to select
seamen whose names are entered in the crew department list to be
supplied for service in Royal Fleet Auxiliary ships shall be such as
the Authority has approved.

(2) At all times, there shall be displayed in a conspicuous
position in a part of the crew department managed by the Royal
Fleet Auxiliary recruiting officer to which seamen have access a notice
or notices, in the English language and the Chinese language, specify-
ing the approved method or methods used in the crew department
to select seamen to be supplied for service in Royal Fleet Auxiliary
ships.
(Amended, 91 of 1975, s. 3)

80. (1) Save as provided in section 82(1), the Royal Fleet
Auxiliary recruiting officer shall pay to the Superintendent, in respect
of every seaman supplied by him for service in a Royal Fleet
Auxiliary ship and engaged for such service, a fee of $8.

(2) The Royal Fleet Auxiliary recruiting officer may, before
or after he has paid to the Superintendent the fee required to be
paid by subsection (1), require any such seaman to pay to him, by
way of contribution to such fee, any sum not exceeding $4.
(Amended, 91 of 1975, s. 3)

81. (1) Whenever a seaman whose name appears in the crew
department list kept by the Royal Fleet Auxiliary recruiting officer
is supplied by the Royal Fleet Auxiliary recruiting officer for service
in a Royal Fleet Auxiliary ship, an engagement card in the prescribed
form shall be completed in respect of that seaman so as to contain
the particulars required thereby, and, in the discretion of the Royal
Fleet Auxiliary recruiting officer, the card may be retained by him
or delivered to the seaman.





(2) When such seaman signs the articles of agreement for service in
that ship or enters into any other agreement (including an agreement
known as a transit agreement) for service therein, there shall be
produced to the Superintendent of the Mercantile Marine Office at the
time the seaman signs the articles of agreement or other agreement for
service

(a)the engagement card completed in respect of the seaman
pursuant to subsection (1); and

(b)the seaman's service record book, (Amended, 16 of 1975, s.5)

and thereafter, if the engagement card was delivered to the seaman
under subsection (1), the seaman shall return it to the Royal Fleet
Auxiliary recruiting officer.

(3) A seaman who without reasonable excuse fails or refuses to
return the engagement card to the Royal Fleet Auxiliary recruiting officer
in accordance with subsection (2) shall be guilty of an offence and shall
be liable on summary conviction to a fine of $500.

(Amended, 91 of 1975, s. 3)

82. (1) If, at any time before a seaman whose name appears in the
crew department list kept by the Royal Fleet Auxiliary recruiting officer is
discharged on the termination of his agreement from a Royal Fleet
Auxiliary ship, the Royal Fleet Auxiliary recruiting officer has notified the
Superintendent, by delivering to him a re-engagement card in the
prescribed form containing such particulars as may be required thereby,
that the seaman is to be re-engaged for service in that ship, then, within
45 days after his discharge from that ship, the seaman may be re-
engaged for service therein without payment of any fee if, at the time he
is re-engaged, the name of the seaman appears in the crew department
list and the Superintendent has not given notice in writing to the Royal
Fleet Auxiliary recruiting officer under section 17A(3) 17B(3) 18(4) or
31(4) that the registration of the seaman has been suspended or
suspended for a further period, as the case may be. (Amended, 10 of
1973,s.40)

(2) Where a re-engagement card is delivered to the Superintendent
pursuant to subsection (1), the Superintendent shall mark thereon the
date on which he received the same and return it to the Royal Fleet
Auxiliary recruiting officer, who may in his discretion retain it or deliver
it to the seaman.

(3) When a seaman who is being re-engaged for service in a Royal
Fleet Auxiliary ship pursuant to subsection (1) signs the articles of
agreement for service in that ship or enters into any other agreement
(including an agreement known as a transit agreement) for service
therein, there shall be produced to the Superintendent of the Mercantile
Marine Office at the time the seaman signs the articles of agreement or
other agreement for service





(a)the re-engagement card delivered to the Superintendent
pursuant to subsection (1); and

(b)the seaman's service record book, (Amended, 16 of 1975, s.5)

and thereafter, if the re-engagement card was delivered to the seaman
under subsection (2), the seaman shall return it to the Royal Fleet
Auxiliary recruiting officer.

(4) A seaman who without reasonable excuse fails or refuses to
return the re-engagement card to the Royal Fleet Auxiliary recruiting
officer in accordance with subsection (3) shall be guilty of an offence
and shall be liable on summary conviction to a fine of 5500.

(Amended, 91 of 1975, s. 3)

83. When all the seamen supplied by the Royal Fleet Auxiliary
recruiting officer for service in a Royal Fleet Auxiliary ship have been
engaged for such service, and all the seamen being re-engaged for
service in that ship under section 82(1) have been re-engaged, the Royal
Fleet Auxiliary recruiting officer shall, within 7 days after the last day of
the month during which the engagement or reengagement took place,
and at the same time- (Amended, 10 of 1973, s. 41 and 91 of 1975, s. 3)

(a) deliver to the Superintendent-

(i) the engagement card completed pursuant to section 81(1)
in respect of each such seaman engaged for service in that
ship;

(ii) the re-engagement card delivered to the Superintendent
pursuant to section 82(1) in respect of each such seaman re-
engaged for service in that ship, which shall contain, in
addition to the particulars entered therein pursuant to the said
section 82(1), particulars of the date on which the seaman was
so re-engaged; and

(iii) a notice in the prescribed form specifying the total
number of such seamen supplied and engaged for service in
that ship and containing such other particulars as may be
required thereby; and

(b)pay to the Superintendent in respect of each such seaman
supplied and engaged for service in that ship the fee of $8
payable under section 80(1).

84. (1) Whenever a seaman is supplied by the Royal Fleet Auxiliary
recruiting officer for service in a Royal Fleet Auxiliary ship pursuant to
section 74(3), an emergency engagement card in the prescribed form
shall be completed in respect of that seaman so as to contain the
particulars required thereby, and, in the discretion of the Royal Fleet
Auxiliary recruiting officer, the card may be retained by him or delivered
to the seaman.





(2) When such seaman signs the articles of agreement for service in
that ship or enters into any other agreement for service therein, there
shall be produced

(a) to the Superintendent of the Mercantile Marine Office; or

(b)if the articles of agreement or other agreement for service are
not signed by the seaman in the presence of the
Superintendent of the Mercantile Marine Office, to the master
of the ship,

at the time the seaman signs the articles of agreement or other
agreement for service

(i) the emergency engagement card completed in respect of the
seaman pursuant to subsection (1); and

(ii) the seaman's service record book, (Amended, 16 qf 1975, S.5)

and thereafter, if the emergency engagement card was delivered to the
seaman under subsection (1), the seaman shall return it to the Royal
Fleet Auxiliary recruiting officer.

(3) When a seaman who has been supplied by the Royal Fleet
Auxiliary recruiting officer for service in a Royal Fleet Auxiliary ship
pursuant to section 74(3) has been engaged for service in that ship, the
Royal Fleet Auxiliary recruiting officer shall, within 7 days after the last
day of the month during which the engagement took place, and at the
same time- (Amended, 10 of 1973, s. 42)

(a) deliver to the Superintendent-

(i) the emergency engagement card completed in respect of
the seaman pursuant to subsection (1); and

(ii) a notice in the prescribed form containing such
particulars with respect to the engagement of the seaman as
may be required thereby and a statement of the reason for the
supplying of the seaman pursuant to section 74(3); and

(b)pay to the Superintendent in respect of the seaman the fee of
$8 payable under section 80(1).

(4) A notice delivered to the Superintendent pursuant to
subsection (3)(a)(ii) may be delivered in respect of more than 1 seaman.

(5) A seaman who, without reasonable excuse, fails or refuses to
return the emergency engagement card to the Royal Fleet Auxiliary
recruiting officer in accordance with subsection (2) shall be guilty of an
offence and shall be liable on summary conviction to a fine of $500.

(Amended, 91 of 1975, s. 3)





85. Within 7 days after the last day of each month, the Royal Fleet
Auxiliary recruiting officer shall deliver to the Superintendent a notice in
the prescribed form containing such particulars in relation to seamen
supplied by him for service in Royal Fleet Auxiliary ships during that
month as may be required by such form.

(Amended, 91 of 1975, s. 3)

86. (1) The method or methods used in the crew department
managed by the Royal Fleet Auxiliary recruiting officer to pay to
persons in whose favour allotments or remittances are made by seamen
supplied by the Royal Fleet Auxiliary recruiting officer for service in
Royal Fleet Auxiliary ships shall be such as the Authority has
approved.

(2) At all times, there shall be displayed in a conspicuous position
in a part of the crew department managed by the Royal Fleet Auxiliary
recruiting officer to which seamen have access and, where allotments
and remittances are dealt with elsewhere than in the crew department, in
the place where the same are dealt with

(a)a notice or notices specifying the approved method or
methods used to pay allotments and remittances;

(b)a notice specifying the days on and times at which allotments
and remittances are dealt with., and

(e)such other notices relating to allotments and remittances as
the Authority may require.

(3) Every notice displayed pursuant to subsection (2) shall be in
the English language and the Chinese language.

(Amended, 91 of 1975, s. 3)

PART VIII

SUPPLEMENTARY AND
MISCELLANEOUS

87. (1) The Authority, the Superintendent, any public officer
authorized in writing for the purposes of this section by the
Superintendent either generally or in any particular case, and any police
officer may

(a)at any time, using such force as may be necessary, enter any
premises or place which he is authorized to enter by a warrant
issued under subsection (2);

(b)at any time, using such force as may be necessary, enter any
premises or place occupied by a licensed company, being
premises or a place which appear to him to be used for the
purposes of the business of the licensed crew department
maintained by such company;

(e)search any premises or place which he is empowered by this
section to enter;

(d)board, using such force as may be necessary, and search any
foreign-going ship in which he knows or has reason to believe
there is or may be





(i) any seaman who has been recruited, engaged or
supplied in contravention of section 34; or

(ii) anything which is or contains, or is likely to be or to
contain, evidence of the commission of an offence against
this Ordinance;

(e)remove anything which obstructs any entry or search which
he is empowered by this section to make;

detain any person found in any premises or place, or in any
foreign-going ship, which he is empowered by this section to
search, while such premises or place or ship are or is searched;

(g)inspect any books, records or other documents belonging to
or in the possession of a licensed company, being books,
records or documents kept or used for the purposes of the
business of the licensed crew department maintained by such
company or in connexion with the payment of allotments or
remittances; and

(h)inspect, seize and detain anything which is or appears to him
to be or to contain, or to be likely to be or to contain, evidence
of the commission of an offence against this Ordinance.

(2) If a magistrate is satisfied by evidence on oath that-

(a) an offence against this Ordinance is being or has been
commit ted in any premises or place; or

(b)there is or may be in any premises or place anything which is
or contains, or is likely to be or to contain, evidence of the
commission of an offence against this Ordinance,

he may issue a warrant authorizing the Authority, the Superintendent,
any public officer authorized in writing for the purposes of this section
by the Superintendent and any police officer to enter such premises or
place.

88. The Authority may prescribe the form of any notice or
document required by this Ordinance to be in the prescribed form and
the form of such other notices or documents required for the purposes
of this Ordinance as he thinks fit.

89. The Superintendent may in writing delegate to any public
officer by name, either generally or for a particular occasion, or to the
holder for the time being of any public office such of his powers,
functions and duties under this Ordinance as he thinks fit, other than
the powers, functions or duties conferred or imposed by the provisions
of this Ordinance specified in the Schedule:

Provided that no delegation made hereunder shall preclude the
Superintendent from exercising or performing at any time any of the
powers, functions or duties so delegated.





90. Any notice or document required by this Ordinance to be served on a
seaman shall be deemed to have been duly served if the same is

(a) delivered to the seaman personally; or

(b)sent by registered post to the seaman at his registered address.

(Amended, 10 of 1973, s. 43)

91. (1) Any person who In any form required by, under or for the
purposes of this Ordinance, or in any notice or document given, issued or made
pursuant to or for the purposes of this Ordinance, makes any statement or
furnishes any information which he knows or reasonably ought to know to be
false in a material particular shall be guilty of an offence.

cl

(2) Any person who furnishes any information required to be furnished
tinder section 49, or supplies any particular required to be supplied under
section 67(1), which he knows or reasonably ought to know to be false in a
material particular shall be guilty of an offence.

(3) Any person who signs any form required by, under or for the
purposes of this Ordinance, or any notice or document given, issued or made
pursuant to or for the purposes of this Ordinance, in which any statement or
information which he knows or reasonably ought to know to be false in a
material particular is made or furnished shall be guilty of an offence.

(4) Any person who is guilty of an offence against this section shall be
liable on summary conviction to a fine of $5,000 and to imprisonment for 6
months.

SCHEDULE [s. 89.1

SPECIFIED PROVISIONS FOR PURPOSES OF
SECTION 89

Item Provision of Ordinance
1. Section 7(3).
2. Section 10(2).
3. Section 17(1).
4. Section 18(1).
5. Section 35(1).
6. Section 57(1).
7. Section 58(1).
8. Section 59(1).
9. Section 60(1)(f).
10. Section 60(2).
11. Section 60(3).
12. Section 75(1).
13. Section 76(1).
14. Section 77(1).
15. Section 78(1)(d)
16. Section 78(2). (Amended, 10 of 1973, s. 44)
Originally 7 of 1966. 10 of 1973. L.N. 142/74. 16 of 1975. 91 of 1975. 92 of 1975. L.N. 50/66. Short title. Interpretation. (Cap. 32.) (Cap. 87.) (Cap. 281.) (Cap. 134.) Appointment of Seamen's Recruiting Authority. Establishment of Seamen's Recruiting Office. Establishment of Seamen's Recruiting Advisory Board. Register of seamen. Part I of register. Part III of register. Part IV of register. Disqualification for entry of seaman's name in register. Particulars to be entered in register. Change of seaman's rating. Power of Authority to direct that name of seaman whose name has been removed from register be restored to Part I of register. Seamen's service record books. Regulations. [cf. 1970, c. 36, s. 71.] Appointment of panel. Boards of Reference. Removal of seaman's name from register by Superintendent. (Cap. 215, 1964 Ed.) (Cap. 201.) Suspension for desertion or failure to join ship. Suspension on medical grounds. Suspension of seaman's registration by Superintendent. Seaman to be notified of intention to remove name from register or to suspend registration. Appeal against suspension of seaman's registration under section 18(1)(i). Authority to refer cases to Board of Reference. Provision for case where hearing of appeal or referred case not commenced within prescribed period. Hearings in absence of seaman. Practice and procedure upon hearing of appeal or referred case. Majority decision to be decision of Board of Reference with certain exceptions. Determination of appeal under section 20. Seaman to be notified of decision of Board of Reference on appeal under section 20, and notice to be given to licensed company and Deputy Naval Store Officer in certain cases. Determination of cases referred to the Authority under section 17(3). (Cap. 215, 1964 Ed.) (Cap. 201.) Determination of cases referred to the Authority under section 18(1)(ii). Right of seaman to make representations to Board of Reference with respect to exercise of Board's powers under section 28(1) or 29(1). Seaman to be notified of decision of Board of Reference on referred case, and notice to be given to licensed company and Deputy Naval Store Officer in certain cases. Appeal to judge of High Court on point of law. Licensed company and Royal Fleet Auxiliary recruiting officer to be notified in certain cases following appeal under section 32. Control of recruitment, engagement and supply of seamen. (Cap. 227.) Power of Director of Marine to refuse to issue port clearance, and detention of ship, in certain cases. (Cap. 281.) Supply of seamen by Seamen's Recruiting Office. Seamen may volunteer services if Superintendent permits. Procedure on supply of seamen through Seamen's Recruiting Office, etc., otherwise than in urgent cases. Procedure on engagement of seaman recruited through Seamen's Recruiting Office for service in a ship other than a Royal Fleet Auxiliary ship. Re-engagement of seaman. Notice of intention not to re-engage seaman. Return of engagement and re-engagement cards to Superintendent and payment of fees by ship-owner, etc. Procedure on engagement of seaman recruited through Seamen's Recruiting Office for service in Royal Fleet Auxiliary ship. Procedure where Superintendent permits seaman to offer himself for service in a foreign-going ship other than a Royal Fleet Auxiliary ship. Procedure where Superintendent permits seaman to offer himself for service in a Royal Fleet Auxiliary ship. Procedure on emergency engagement of seaman under section 34(8). Procedure on emergency engagement of seaman under section 34(8) by Royal Fleet Auxiliary recruiting officer. Licences to maintain crew departments. Application for grant or renewal of licence. Authority may require company applying for grant or renewal of licence to furnish additional information. Grounds on which grant or renewal of licence may be refused. Notice of refusal to grant or renew licence. Licensed company to notify Superintendent of intention not to renew licence. Cancellation of licence. Appeal against certain decisions of Authority. Restriction on ships for service in which licensed crew department may supply seamen. Restriction on supply of seamen by licensed company. Crew department lists. Superintendent may require seaman's name to be restored to crew department list. Records of seamen waiting to be supplied for service in foreign-going ships. Certain notices and other documents to be displayed in licensed crew department. Approval of methods used in licensed crew department to select seamen. Fee payable on supply of seaman by licensed crew department. Procedure on supply of seaman by licensed company, etc., otherwise than in emergency. Re-engagement of seamen through licensed crew department. Licensed company to deliver engagement cards, etc., to Superintendent and payment of fees. Procedure on supply of seaman by licensed company pursuant to section 56(3). Changes in staff of licensed crew department to be notified to Authority. Particulars of seamen supplied by licensed company to be delivered to Superintendent. Changes in particulars of licensed crew department to be notified to Authority. Display of names of crew department staff. Approval of methods used by licensed company to pay allotments and remittances. Advances of wages. Corruption. Restriction on supply of seamen by Royal Fleet Auxiliary recruiting officer. Crew department list to be kept by Royal Fleet Auxiliary recruiting officer. Superintendent may require seaman's name to be restored to crew department list kept by Royal Fleet Auxiliary recruiting officer. Record of seamen waiting to be supplied for service in Royal Fleet Auxiliary ships. Certain notices and other documents to be displayed in crew department managed by Royal Fleet Auxiliary recruiting officer. Approval of methods used to select seamen in crew department managed by Royal Fleet Auxiliary recruiting officer. Fees payable on supply of seamen by Royal Fleet Auxiliary recruiting officer. Procedure on supply of seaman by Royal Fleet Auxiliary recruiting officer, etc., otherwise than in emergency. Re-engagement of seamen through Royal Fleet Auxiliary recruiting officer. Royal Fleet Auxiliary recruiting officer to deliver engagement cards, etc. to Superintendent and payment of fees. Procedure on supply of seaman by Royal Fleet Auxiliary recruiting officer pursuant to section 74(3). Particulars of seamen supplied by Royal Fleet Auxiliary recruiting officer to be delivered to Superintendent. Approval of methods used in crew department managed by Royal Fleet Auxiliary recruiting officer to pay allotments and remittances. Entry to premises, etc. and power to search, seize, etc. Power of Authority to prescribe forms. Delegation of powers, etc. by Superintendent. Schedule. Service of notices and documents on seamen. False statement or information.

Abstract

Originally 7 of 1966. 10 of 1973. L.N. 142/74. 16 of 1975. 91 of 1975. 92 of 1975. L.N. 50/66. Short title. Interpretation. (Cap. 32.) (Cap. 87.) (Cap. 281.) (Cap. 134.) Appointment of Seamen's Recruiting Authority. Establishment of Seamen's Recruiting Office. Establishment of Seamen's Recruiting Advisory Board. Register of seamen. Part I of register. Part III of register. Part IV of register. Disqualification for entry of seaman's name in register. Particulars to be entered in register. Change of seaman's rating. Power of Authority to direct that name of seaman whose name has been removed from register be restored to Part I of register. Seamen's service record books. Regulations. [cf. 1970, c. 36, s. 71.] Appointment of panel. Boards of Reference. Removal of seaman's name from register by Superintendent. (Cap. 215, 1964 Ed.) (Cap. 201.) Suspension for desertion or failure to join ship. Suspension on medical grounds. Suspension of seaman's registration by Superintendent. Seaman to be notified of intention to remove name from register or to suspend registration. Appeal against suspension of seaman's registration under section 18(1)(i). Authority to refer cases to Board of Reference. Provision for case where hearing of appeal or referred case not commenced within prescribed period. Hearings in absence of seaman. Practice and procedure upon hearing of appeal or referred case. Majority decision to be decision of Board of Reference with certain exceptions. Determination of appeal under section 20. Seaman to be notified of decision of Board of Reference on appeal under section 20, and notice to be given to licensed company and Deputy Naval Store Officer in certain cases. Determination of cases referred to the Authority under section 17(3). (Cap. 215, 1964 Ed.) (Cap. 201.) Determination of cases referred to the Authority under section 18(1)(ii). Right of seaman to make representations to Board of Reference with respect to exercise of Board's powers under section 28(1) or 29(1). Seaman to be notified of decision of Board of Reference on referred case, and notice to be given to licensed company and Deputy Naval Store Officer in certain cases. Appeal to judge of High Court on point of law. Licensed company and Royal Fleet Auxiliary recruiting officer to be notified in certain cases following appeal under section 32. Control of recruitment, engagement and supply of seamen. (Cap. 227.) Power of Director of Marine to refuse to issue port clearance, and detention of ship, in certain cases. (Cap. 281.) Supply of seamen by Seamen's Recruiting Office. Seamen may volunteer services if Superintendent permits. Procedure on supply of seamen through Seamen's Recruiting Office, etc., otherwise than in urgent cases. Procedure on engagement of seaman recruited through Seamen's Recruiting Office for service in a ship other than a Royal Fleet Auxiliary ship. Re-engagement of seaman. Notice of intention not to re-engage seaman. Return of engagement and re-engagement cards to Superintendent and payment of fees by ship-owner, etc. Procedure on engagement of seaman recruited through Seamen's Recruiting Office for service in Royal Fleet Auxiliary ship. Procedure where Superintendent permits seaman to offer himself for service in a foreign-going ship other than a Royal Fleet Auxiliary ship. Procedure where Superintendent permits seaman to offer himself for service in a Royal Fleet Auxiliary ship. Procedure on emergency engagement of seaman under section 34(8). Procedure on emergency engagement of seaman under section 34(8) by Royal Fleet Auxiliary recruiting officer. Licences to maintain crew departments. Application for grant or renewal of licence. Authority may require company applying for grant or renewal of licence to furnish additional information. Grounds on which grant or renewal of licence may be refused. Notice of refusal to grant or renew licence. Licensed company to notify Superintendent of intention not to renew licence. Cancellation of licence. Appeal against certain decisions of Authority. Restriction on ships for service in which licensed crew department may supply seamen. Restriction on supply of seamen by licensed company. Crew department lists. Superintendent may require seaman's name to be restored to crew department list. Records of seamen waiting to be supplied for service in foreign-going ships. Certain notices and other documents to be displayed in licensed crew department. Approval of methods used in licensed crew department to select seamen. Fee payable on supply of seaman by licensed crew department. Procedure on supply of seaman by licensed company, etc., otherwise than in emergency. Re-engagement of seamen through licensed crew department. Licensed company to deliver engagement cards, etc., to Superintendent and payment of fees. Procedure on supply of seaman by licensed company pursuant to section 56(3). Changes in staff of licensed crew department to be notified to Authority. Particulars of seamen supplied by licensed company to be delivered to Superintendent. Changes in particulars of licensed crew department to be notified to Authority. Display of names of crew department staff. Approval of methods used by licensed company to pay allotments and remittances. Advances of wages. Corruption. Restriction on supply of seamen by Royal Fleet Auxiliary recruiting officer. Crew department list to be kept by Royal Fleet Auxiliary recruiting officer. Superintendent may require seaman's name to be restored to crew department list kept by Royal Fleet Auxiliary recruiting officer. Record of seamen waiting to be supplied for service in Royal Fleet Auxiliary ships. Certain notices and other documents to be displayed in crew department managed by Royal Fleet Auxiliary recruiting officer. Approval of methods used to select seamen in crew department managed by Royal Fleet Auxiliary recruiting officer. Fees payable on supply of seamen by Royal Fleet Auxiliary recruiting officer. Procedure on supply of seaman by Royal Fleet Auxiliary recruiting officer, etc., otherwise than in emergency. Re-engagement of seamen through Royal Fleet Auxiliary recruiting officer. Royal Fleet Auxiliary recruiting officer to deliver engagement cards, etc. to Superintendent and payment of fees. Procedure on supply of seaman by Royal Fleet Auxiliary recruiting officer pursuant to section 74(3). Particulars of seamen supplied by Royal Fleet Auxiliary recruiting officer to be delivered to Superintendent. Approval of methods used in crew department managed by Royal Fleet Auxiliary recruiting officer to pay allotments and remittances. Entry to premises, etc. and power to search, seize, etc. Power of Authority to prescribe forms. Delegation of powers, etc. by Superintendent. Schedule. Service of notices and documents on seamen. False statement or information.

Identifier

https://oelawhk.lib.hku.hk/items/show/2654

Edition

1964

Volume

v11

Subsequent Cap No.

135

Number of Pages

66
]]>
Tue, 23 Aug 2011 18:09:41 +0800
<![CDATA[DANGEROUS DRUGS REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2653

Title

DANGEROUS DRUGS REGULATIONS

Description






DANGEROUS DRUGS REGULATIONS.

(Cap. 134, section 51).

[17th January, 1969.1

1. These regulations may be cited as the Dangerous Drugs
Regulations.

2. In these regulations, unless the context otherwise requires

-Pharmacy and Poisons Ordinance book means either of the books
required to be kept by subsection (2) of section 19 or subsection (3)
of section 20 of the Pharmacy and Poisons Ordinance;

'recognized preparation' means a preparation contained in the British
Pharmacopoeia or the British Pharmaceutical Codex;

'retail business' means the business of retailing, dispensing or
compounding dangerous drugs carried on at a shop;

',retail dealer' means a person who carries on a retail business.

3. (1) A person by whom a prescription prescribing a dangerous
drug is given shall comply with the following requirements, that is to
say, the prescription shall

(a)be in writing and signed by the person giving it with his usual
signature, and be dated by him;

(b) be in ink or otherwise so as to be indelible;

(c) specify the address of the person giving it;

(d)specify the name and address of the person for whose
treatment it is given or, if it is given by an approved veterinary
surgeon, of the person to whom the article prescribed is to be
delivered;

(e) have written thereon-

(i) if given by a registered dentist, the words 'For local
dental treatment only'; and

(ii) if given by an approved veterinary surgeon, the words
'For animal treatment only';

(f)if the dangerous drug prescribed is a recognized preparation,
or if all the dangerous drugs prescribed are recognized
preparations,

(i) specify the total amount of the preparation or of each
preparation, as the case may be; or

(ii) when the preparation is packed in ampoules, either
specify as aforesaid or specify the total amount of the
preparation or. of each preparation, as the case may be,
intended to be administered or injected; and





(g)if the dangerous drug is not a recognized preparation,
specify-
(i) the total amount of the drug to be supplied; or
(ii) when the drug is packed in ampoules, either the
total amount as aforesaid or the total amount intended
to be administered or injected.

2) In the case of a prescription given for the treatment of
a patient in a prescribed hospital or a health centre maintained
by the Crown, sub-paragraph (d) of paragraph (1) shall be deemed
to have been complied with if the prescription is written on the
patient's bed card or case sheet, and in such a case the initials of
the person giving the prescription shall be a sufficient signature
for the purposes of sub-paragraph (a) of paragraph (1).

4. (1) Save as provided in paragraph (2), no person shall-

(a)supply a dangerous drug, other than a preparation, unless
the package or bottle in which it is contained is plainly
marked with the amount of the dangerous drug contained
therein; or
(b)supply a preparation, unless the package or bottle in
which it is contained is plainly marked-
(i) in the case of a powder, solution or ointment, with
the total amount thereof in the package or bottle and
the percentage of the dangerous drug contained in the
powder, solution or ointment; or
(ii) in the case of cachets, single dose injections,
lozenges, suppositories, pills, tablets or similar articles,
with the amount of the dangerous drug in each article
and the number of articles in the package or bottle.

(2) Paragraph (1) does not apply-

(a)in a case where a preparation is lawfully supplied by a
registered medical practitioner;

(b)in a case where a preparation is lawfully supplied on a
prescription lawfully given by a registered medical
practitioner; or

(e)in relation to the supply of a dangerous drug specified
in Part 111 of the First Schedule to the Ordinance.

(3) Any person who contravenes paragraph (1) shall be guilty
of an offence and shall be liable on conviction to a fine of ten
thousand dollars and to imprisonment for twelve months.

5. (1) Every person authorized by or licensed under the
Ordinance to supply a dangerous drug, except a sister authorized
by section 22 of the Ordinance, shall comply with the following
provisions, that is to say-





(a)he shall, in accordance with this regulation and regula-
tion 6, keep a register and enter therein in chronological
sequence in the form specified in the First Schedule true
particulars with respect to every quantity of a dangerous
drug, other than a preparation specified in Part II of the
First Schedule to the Ordinance, obtained by him and
with respect to every quantity of a dangerous drug, other
than a preparation specified in Part 11 of the First Schedule
to the Ordinance, supplied by him, whether to persons
within or outside Hong Kong;

(b)he shall use a separate register or separate part of the
register for entries made with respect to each of the
dangerous drugs specified in paragraph 1 of Part I of
the First Schedule to the Ordinance or in paragraph 2,
3, 4, 5, 6 or 7 thereof, and for this purpose-
(i) each such drug shall be deemed to comprise its
salts and any preparation, admixture, extract or other
substance containing any proportion of it or its salts; and
(ii) any isomer of a dangerous drug the existence of
which is possible within its specific chemical designation
shall be deemed to be identical with that drug.

(2)(a) Nothing in paragraph (1) shall be construed as
preventing the use of a separate section within a register
or a separate part of a register with respect to difrerent
dangerous drugs or strengths of preparations comprised
within the class of dangerous drugs to which that register
or separate part relates.

(b)So much of paragraph (1) as requires a person to enter
in the register required to be kept under that paragraph
particulars with respect to a dangerous drug supplied by
him shall not apply to-
(i) a registered medical practitioner if he enters in a
day book true particulars of every dangerous drug
supplied by him to any person, together with the name
and address of that person and the date of the supply,
and enters in a separate book kept for the purposes of
this regulation a proper reference to each entry in the
day book which relates to the supply of a dangerous drug;
or
(ii) an authorized seller of poisons if he enters in a
separate book kept for the purposes of this regulation a
proper reference to each entry in a Pharmacy and Poisons
Ordinance book which relates to the supply of a dangerous
drug,
and if, in either case, sub-paragraphs (c) and (d) are
complied with.
(c)References in the said separate book shall be made in
chronological sequence and the book shall be kept in





separate parts relating respectively to the several classes
of dangerous drugs specified in and under sub-paragraph
(b) of paragraph (1) and shall not be used for any purpose
other than the purposes of this paragraph.
(d)The entries in the said day book and in the said separate
book shall be made on the day on which but for this
paragraph an entry would under regulation 6 have been
required to be made in the said register, and paragraph
(e) of regulation 6 shall apply as respects any such entry
as aforesaid as if it were an entry in the said register.
(e)In this paragraph, the expression 'a proper reference-
means a reference which is entered in the said separate
book under the same date as that on which the entry in
the said day book or in the Pharmacy and Poisons
Ordinance book was made and is otherwise such as to
enable that entry to be easily identified.

(3) Where a registered medical practitioner, a registered
dentist or an approved veterinary surgeon obtains or supplies any
dangerous drug packed in ampoules, he shall be deemed to have
complied with the requirements-
(a)of paragraph (1) in regard to entry in the register required
to be kept under that paragraph of true particulars with
respect to every quantity of every dangerous drug obtained
or supplied; or
(b)in the case of a registered medical practitioner supplying
a dangerous drug to any person, of paragraph (2) in
regard to entry in the day book referred to in that para-
graph of particulars of any dangerous drug supplied by
him,
if he enters as the amount which he has obtained or supplied, as
the case may be, true particulars as to either the total quantity
of the dangerous drug or the total quantity thereof intended to
be administered or injected.

(4) Every-
(a) separate book kept tinder paragraph (2);
(b)day book in which an entry is made under paragraph
(2); and
(c)Pharmacy and Poisons Ordinance book containing an
entry which is referred to in such separate book,
shall be kept on the premises to which the register or book relates,
or, in the case of a book referring to a prescription, where the
prescription was dispensed, and so as to be at all times available
for inspection.

(5) For the purposes of paragraphs (1), (2), (3) and (4), a
dangerous drug administered by, or under the direct supervision
and in the presence of, a registered medical practitioner or a
registered dentist shall be deemed not to have been supplied by
him.





(6)(a) Subject to sub-paragraph (c), a manufacturer of any
preparation specified in Part 11 of the First Schedule to
the Ordinance and a wholesale dealer in any such prep-
aration shall keep every invoice or other like record
issued in respect of each quantity of any such prepara-
tion obtained by him and in respect of each quantity of
any such preparation supplied by him.

(b)A retail dealer in any such preparation shall keep every
invoice or other like record issued in respect of each
quantity of any such preparation obtained by him.

(c)Sub-paragraph (a) does not apply in the case of a prep-
aration manufactured by a registered medical practitioner,
or by a person referred to in subsection (5) of section 22
of the Ordinance, under the authority conferred by sub-
section (4) or (5) of the said section 22, as the case may be.

(7) Any person who contravenes any of the provisions of
paragraph (1), (4) or (6) shall be guilty of an offence and shall
be liable on conviction to a fine of fifty thousand dollars and to
imprisonment for three years.

6. The following requirements shall be complied with by
any person required to keep a register under regulation 5, that is
to say-

(a)the class of dangerous drugs to which the entries on any
page of any such register relate shall be specified at the
head of that page;

(b)every entry required to be made under regulation 5 in
such register shall be made on the day on which the
dangerous drug is received or, as the case may be, on
which the transaction with respect to the supply of the
dangerous drug by the person required to make the entry
takes place, or, if that is not reasonably practicable, on
the day next following the said day;

(c)no cancellation, obliteration or alteration of any such
entry shall be made, and every correction of such an
entry shall be made only by way of a marginal note or
footnote which shall specify the date on which the
correction is made;

(d)every entry required to be made under regulation 5 in
such register, and every correction of such an entry, shall
be made in ink or otherwise so as to be indelible;

(e)such a register shall not be used for any purpose other
than the purposes of the Ordinance;

(f)such person shall if so required by the Director or any
public officer authorized in writing by the Director in
that behalf-





(i) furnish such particulars as may be required with respect
to the obtaining or supplying by him of any dangerous drug,
or with respect to any stock of dangerous drugs in his
possession;

(ii) for the purpose of confirming any such particulars,
produce any stock of dangerous drugs in his possession; and

(iii) produce such register and such other books or
documents in his possession relating to any dealings in
dangerous drugs as may be required;

(g)a separate register shall be kept in respect of each set of
premises at which the person required to keep the register
carries on business, but save as aforesaid not more than one
register shall be kept at one time in respect of each class of
dangerous drug in respect of which he is required to keep a
separate register or part of a register, so, however, that a
separate register may, with the approval of the Director, be
kept in respect of each department of the business carried on
by him;

(h)every such register shall be kept at the premises to which it
relates and so as to be at all times available for inspection.

7. (1) All registers, records, books, prescriptions and other
documents which are kept, issued or made pursuant to the requirements,
or for the purposes, of the Ordinance shall be preserved

(a)in the case of a register, book or other like record, for a period
of two years from the date on which the last entry therein is
made; and

(b)in the case of any other document, for a period of two years
from the date on which it is issued or made.

(2) In the case of any document kept pursuant to paragraph (6) of
regulation 5, the keeping of a copy thereof made at any time during the
said period of two years shall be treated for the purposes of paragraph
(1) as if it were the keeping of the original document.

(3) Any person who contravenes any of the provisions of
paragraph (1) shall be guilty of an offence and shall be liable on
conviction to a fine of ten thousand dollars and to imprisonment for
twelve monuns

8. (1) A licence issued under section 18 of the Ordinance shall be
valid until the 1st day of January next following the day on which it is
issued.

(2) The fees specified in the Second Schedule shall be payable on
the issue of the licences under section 18 of the Ordinance therein
specified.

9. A certificate given for the purposes of section 44 of the

Ordinance shall be in the i /form prescribed in the Third Schedule.





FIRST SCHEDULE. [reg. 5.1

FORM OF
REGISTER.

Date on whichName and address ofAmount
person or firm

supply transaction from whom to whom received. supplied.

received. was effected. obtained. supplied.

Particulars of licence or Form in which
authority of person or firm Balance.
supplied to be in possession

of- received. supplied.

SECOND SCHEDULE. [reg. 8.1

LICENCE
FEES.

Item. Licence. Fee.

1. Licence to manufacture dangerous drug w-
2. Wholesale dealer's licence to supply dangerous drug 1





THIRD SCHEDULE. [reg. 9.1

GOVERNMENT CHEMIST'S
CERTIFICATE.

Government Chemist hereby certify that
(a) on the day of 19
a sealed packet (or as the case may be) ....................................

.................................... marked (if any special mark)
........................... ........ was delivered to the Chemical

Laboratory by (name or description of officer) ...........................

.............. ..

(b) the said packet contained (quantity and nature of dangerous drug)

(e) on the day of 19
at the Chemical Laboratory, the aid (quantity and nature of dangerous

drug) ............................ ..................................................

was/were handed in a sealed packet (or as the case may be)

............................. marked (if any special mark)

.......................... to (name or description of officer)

...............

Dated this day of 19

...............

Government Chemist
L.N. 113/68. Citation. Interpretation. (Cap. 138.) Requirements with respect to prescriptions. S.I. 1964/1811, reg. 14. Marking of packages and bottles. S.I. 1964/1811, reg. 16. Keeping of register or other records. S.I. 1964/1811, reg. 17. First Schedule. Requirements as to registers. S.I. 1964/1811, reg. 25. Preservation of documents. S.I. 1964/1811, reg. 26. Validity of licence under section 18 and fee therefor. Second Schedule. Form of certificate. Third Schedule.

Abstract

L.N. 113/68. Citation. Interpretation. (Cap. 138.) Requirements with respect to prescriptions. S.I. 1964/1811, reg. 14. Marking of packages and bottles. S.I. 1964/1811, reg. 16. Keeping of register or other records. S.I. 1964/1811, reg. 17. First Schedule. Requirements as to registers. S.I. 1964/1811, reg. 25. Preservation of documents. S.I. 1964/1811, reg. 26. Validity of licence under section 18 and fee therefor. Second Schedule. Form of certificate. Third Schedule.

Identifier

https://oelawhk.lib.hku.hk/items/show/2653

Edition

1964

Volume

v11

Subsequent Cap No.

134

Number of Pages

8
]]>
Tue, 23 Aug 2011 18:09:40 +0800
<![CDATA[DANGEROUS DRUGS ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/2652

Title

DANGEROUS DRUGS ORDINANCE

Description






LAWS OF HONG KONG

DANGEROUS DRUGS ORDINANCE

CHAPTER 134





CHAPTER 134

DANGEROUS DRUGS ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

PART 1

SHORT TITLE AND INTERPRETATION

1. Short title ...........................5

2. Interpretation ..............................
..........................................5

3. Calculation of percentages for purposes of First Schedule, and extended

meaning of 'substance .......................................................
.....................................8

PART 11

CONTROL OF IMPORT, EXPORT, PROCURING, SUPPLY, DEALING
IN OR WITH, MANUFACTURE AND POSSESSION
OF DANGEROUS DRUGS

4.......................................Trafficking in dangerous drug 9
4A......................................Trafficking in purported dangerous drug 9

5. Dangerous drug not to be supplied except to person authorized or licensed to

be in possession thereof ...........10

6....................Manufacture of dangerous drug 1 1 ........................... 11

7.......................................Possession of dangerous drug for purpose of unlawful trafficking therein 11

8. Possession of dangerous drug otherwise than for trafficking, and consumption

of dangerous drug ....................11
9.......................................Cultivation of and dealing in cannabis plant and opium poppy 12

PART 111

ISSUE OF LICENCES AND CERTIFICATES, REQUIREMENTS IN CONNECTION
WITH LAWFUL IMPORT AND EXPORT OF DANGEROUS DRUGS,
AND DANGEROUS DRUGS IN TRANSIT

10...........................Licence to import dangerous drug .................................. 12

11.......................................Requirements to be complied with in relation to import of dangerous drug 13
12.......................................Licence to export dangerous drug 13
13.......................................Requirements to be complied with on export of dangerous drug 13

14...........................Dangerous drug in transit ........................... 14

is.......................................Licence to remove dangerous drug in transit is
16.......................................Licence to divert dangerous drug in transit 15
17.......................................Requirement to be complied with where diversion licence issued 15
18.......................................General power of Director to issue licences 16

19. Issue of licence, etc. to be in discretion of Director and power to impose







conditions ............................16
20.......................................Cancellation of licences, etc . 16
21.......................................Form of licence and certificate 16





Section Page

PARTIV

STATUTORY AUTHORITY TO PROCURE, SUPPLY AND
POSSESS DANGEROUS DRUGS

22. Statutory authority for certain persons to possess, supply or manufacture

dangerous drugs .........................16
23. Restrictions on authority conferred by section 22, etc . 17

24. Statutory authority for authorized sellers of poisons to manufacture
preparations and retail drugs and preparations, and for listed sellers of
poisons to

retail certain preparations ........................... 19

25. Statutory authority to possess dangerous drug supplied by registered medical
practitioner, etc., or on prescription or by authorized seller of poisons 20
26. Statutory authority to ingest or inject dangerous drug 21
27. Statutory authority to possess equipment and apparatus for injection of
dangerous drugs .........................21
28. Statutory authority of masters of ships to possess, supply and procure
dangerous drugs .........................22
29. Further statutory authorization of persons authorized or licensed to manu-
facture or supply dangerous drug ........23
30. Supply of dangerous drugs to hospitals, etc . 23
31. Supply of dangerous drug on prescription 23
32. Supply of dangerous drugs to persons on behalf of another, otherwise than on

prescription ............................ 24
33. Withdrawal of authority conferred by section 22 24
34. Power to prohibit prescribing of dangerous drug 26

PART V

DIVANS, EQUIPMENT FOR SMOKING, INJECTING, ETC. DANGEROUS
DRUG, AND PREMISES USED FOR UNLAWFUL TRAFFICKING
IN OR MANUFACTURE OF DANGEROUS DRUG

35. Divan keeping .......................26
36. Possession of pipes, equipment, etc . 26
37. Responsibility of owners, tenants, etc . 26

38. Premises used for unlawful trafficking in or manufacturing, etc. dangerous

drug ...............................27

PART VA

SEIZURE, DETENTION AND FORFEITURE OF SHIPS

38A. Interpretation .....................28
38B. Commissioner of Customs and Excise may seize and detain ship 29
38C. Magistrate may order arrest and detention of ship 29
38D. Registrar to order summons to be served on ship 29
38E. Bail ...............................29
38F. Imposition of penalties in respect of ships carrying excessive quantities of
drugs and consequential proceedings .....30
38G. Certificate as to finding of dangerous drugs etc . 31
38H. Right of appeal ....................31
381. Grounds for allowing appeal ........31
38J. Procedure on appeal ................32







38K......................................Amendment of Fifth Schedule 32





Section Page

PART VI

CONSPIRACY TO COMMIT OFFENCE UNDER ORDINANCE, FALSE
STATEMENTS,
AIDING, ETC. OFFENCE UNDER CORRESPONDING LAW, JOINT
TRIAL IN
CERTAIN CASES AND CONVICTION OF OTHER OFFENCES

39. Conspiracy ..........................32

40. False statements, and aiding, abetting, etc. offence under corresponding law 32

41. Joint trial of offences in certain cases 33
42. Conviction of offence other than that charged 33

PART VII

EVIDENCE

43. Certificate of corresponding law ....33
44. [Repealed 1 .........................34
45. Presumption concerning manufacture of dangerous drug 34
46. Presumption concerning possession of dangerous drug for purpose of
trafficking therein .....................34
47. Presumption of possession and knowledge of dangerous drug 35
48. Presumption concerning divans .......36
49. [Repealed 1 .........................36

PART VIIA

CONFIDENTIALITY OF
RECORDS

49A. Interpretation .....................36
49B. Central Registry of Drug Abuse .....37
49C. Immunity of records from search and from production in court 38
49D. Prohibition against disclosure of records 38
49E. Disclosure of information for research purposes 39
49F. Access to records with consent of addict 39
49G. Access to records by order of Attorney General 40
491-1. Consent of Attorney General required for prosecution 41
491. Amendment of Fourth Schedule .......41

PART VIII

MISCELLANEOUS

50. Amendment of First, Second and Third Schedules 41
51. Regulations .........................41
52. Powers of authorized officers .......42
53. Failure to comply with requirement under section 52 and obstruction of
authorized officer ......................45
53A. Surrender of travel document .......45
53B. Application for return of travel document 46
54. Chemical tests and handwriting ......47
54A. Court to consider report of the Commissioner of Correctional Services in the
case of certain drug offences ...........47

55. Dangerous drugs forfeited by law ............ 48
56. Forfeiture of articles, etc., used in connection with offence 48





Section Page
57. Protection of informers .............49
58. Power of Governor to give directions 49
First Schedule. Dangerous drugs .........49
Second Schedule. Prescribed hospitals and institutions, other than hospitals main-
tained by the Crown .....................52
Third Schedule. Other offences of which defendant may be convicted 53
Fourth Schedule. Reporting Agencies .....54

Fifth Schedule...........................Excessive Quantity of Dangerous Drug 55





CHAPTER 134

DANGEROUS DRUGS

To amend and consolidate the law relating to dangerous drugs.

[17 January 1969] L.N. 6,169

Originally 41 of 1968 31 of 1969, 5 of 1971, 46 of 1971, 13 of 1973, 43 of 1974, L.N. 22177,
L.N.
82177, 60 of 1977, L.N. 321177, 46 of 1978, 67 of 1979, LN. 300179, 37 of 1980, L.N.
324180,
L.N. 166181, 65 of 1981, L.N. 30182,40 of 1982,48 of 1982, L.N. 345182, L.N. 185183, 7
of 1984,
L.N. 141184, L.N. 17318 L.N. 81185, 40 of 1985, L.N. 176186, 24 of 1987, 62 of 1987,


PART 1

SHORT TITLE AND INTERPRETATION

Short title
1. This Ordinance may be cited as the Dangerous Drugs Ordinance.
Interpretation
2. (1) In this Ordinance, unless the context otherwise requires-

approved' means approved by the Director for the purposes of this Ordinance;

authorized seller of poisons' means an authorized seller of poisons within the
meaning of the Pharmacy and Poisons Ordinance (Cap. 138);

cannabis' means any plant, or any part of any plant, of the genus cannabis which
contains tetrahydro-cannabinol and the viable seeds of any plant of the genus
cannabis; (Replaced, 46 of 1978, s. 2)

'charge' means a complaint, information, charge or indictment;

'Chief Pharmacist' means the person so appointed by the Governor and such other
person as the Director may appoint in writing to carry out the duties of the
Chief Pharmacist under this Ordinance;

coca leaves' means the leaves of any plant of the genus of the erythroxylaceae
from which cocaine can be extracted, either directly or by chemical
transformation;

'Conventions' means the International Opium Convention signed at The Hague on
23 January 1912, the similar Convention signed at Geneva on 19 February 1925,
the International Convention for Limiting the Manufacture and Regulating the
Distribution of Narcotic Drugs signed at Geneva on 13 July 1931, the Protocol
on Narcotic Drugs signed at Lake Success, New York, on 11 December 1946,
the Single Convention on Narcotic Drugs signed at New York on 30 March
1961, and any convention or final protocol amending, supplementing or in
substitution for the same;

corresponding law' means a law stated in a certificate purporting to be issued by
or on behalf of the government of any country outside Hong Kong to be a law
providing for the control and regulation in that place of the manufacture, sale,
use, export or import of dangerous drugs in accordance with the Conventions;





'dangerous drug' means any of the drugs or substances specified in Part 1 of the
First Schedule;

'Director' means the Director of Medical and Health Services, a deputy
director of medical and health service or an assistant dircetor of medical
and health services;

'divan' means any place or premises opened, kept or used, whether on one
occasion or more than one occasion, for the smoking, inhalation, ingestion or
injection of a dangerous drug;

'diversion certificate' means a certificate issued by a competent authority in a
country outside Hong Kong through which a dangerous drug passes in transit

(a)authorizing the diversion of such drug to a country other than that
specified in the export authorization relating to that drug as the country to
which it was to be exported;

(b)containing full particulars of such drug and the quantity authorized to he
diverted and of the names and addresses of the person by whom the drug
is to be diverted and the person to whom it is to be sent; and

(c) specifying the country from which the drug was originally exported;

'ecgonine' means laevo-ecgonine and any derivatives of ecgonine from which it
may be recovered industrially;

'export' means to take or cause to be taken out of Hong Kong or any other
country, as the case may be, by land, air or water;

'export authorization' means an authorization issued by a competent authority in
the country outside Hong Kong from which a dangerous drug is to be exported

(a)containing full particulars of such drug and the quantity authorized to be
exported and of the names and addresses of the person by whom the drug
is to be exported and the person to whom it is to be sent; and

(b)specifying the country to which, and the period within which, it is to be
exported;

'import' means to bring or cause to be brought into Hong Kong or any other
country, as the case may be, by land, air or water;

'inject' or 'injection' means injection into any person by a hypodermic syringe or
any other method;

'in transit means imported into Hong Kong for the sole purpose of being exported
from Hong Kong to another country;

'manufacture' means any act connected with making, adulterating, purifying,
mixing, separating or otherwise treating a dangerous drug; (Replaced, 40 of
1982, s. 2)

'matron' includes any person performing the duties of a matron and any person,
whatever the title of the office which he holds, performing duties of the kind
performed by a matron;





'medicinal opium' means raw opium which has undergone the processes necessary
to adapt it for medicinal use in accordance with the requirements of the British
Pharmacopoeia, whether it is in the form of powder or is granulated or is in any
other form, and whether or not it is mixed with neutral substances;

,,opium' includes raw opium, prepared opium, opium dross and every substance
(other than medicinal opium) containing any proportion of raw opium, prepared
opium or opium dross;

,,opium dross' means any residue remaining after opium has been smoked;

,,opium poppy' means a plant of the species Papaver somniferum L or the species
Papaver setigerum D.C. and any plant from which morphine may be produced;

,,opium water' means an aqueous extract of opium; (Added, 46 of 1971, s. 2)

,,owner', in relation to any premises, includes any person holding premises direct
from the Crown, whether under lease, licence or otherwise, any mortgagee in
possession and any person receiving the rent of any premises, solely or with
another and on his own behalf or that of any person, or who would receive the
same if such premises were let to a tenant, and, where such owner as above
defined cannot be found or ascertained or is absent from Hong Kong or is
under disability, also includes the agent of such owner; (Amended, 46 of 1971,
s. 2)

'place' means any ship, aircraft, vehicle, building, structure or enclosure, whether
movable or not, and any spot on land or water;

'poppy straw' means all parts, except the seeds, of the opium poppy after mowing;
[cf. U.K. 1965 c. 15, s. 24(])]

'preparation' means a preparation, mixture, extract or other substance containing
any proportion of a dangerous drug specified in any of paragraphs 1 to 7 of
Part 1 of the First Schedule; (Amended, 46 of 1971, s. 2)

'prepared opium' includes any preparation of opium, and any substance of which
opium forms an ingredient, which is used or intended to be used, or is capable
of being used, for smoking, inhaling, ingestion or injection;

'prescribed hospital' means a hospital maintained by the Crown and a hospital or
institution specified in the Second Schedule;

'prescription' means a prescription for a single individual given by a registered
medical practitioner for the purposes of medical treatment, by a registered
dentist for the purposes of dental treatment or by an approved veterinary
surgeon for the purposes of animal treatment; [cf. U.K. S.I. 196411811, reg.
32(1)

'raw opium' means any kind of opium not prepared for smoking, inhaling, ingestion
or injection and also means the leaves or wrappings in which raw opium has
been wrapped, but does not include opium dross;

'registered dentist' means

(a)a dentist registered under the Dentists Registration Ordinance (Cap. 156)
by reason of his holding the qualifications specified in section 8(1)(a),
(b), (ba) or (c) of that Ordinance; or





(b)a person deemed to be a registered dentist under the Dentists Registration
Ordinance; (Replaced, 62 of 1987, s. 10)

',ship' includes every description of vessel used in navigation or for the carriage or
storage of goods on water;

',sister' includes any person performing the duties of a nursing sister and any
person, whatever the title of the office which he holds, performing duties of the
kind performed by a nursing sister;

'trafficking', in relation to a dangerous drug, includes importing into Hong Kong,
exporting from Hong Kong, procuring, supplying or otherwise dealing in or
with the dangerous drug, and 'traffic in a dangerous drug' shall be construed
accordingly;

'unlawful' or 'unlawfully', in relation to trafficking in or manufacturing or storage
of a dangerous drug, means otherwise than under and in accordance with this
Ordinance or a licence issued thereunder; (Amended, 46 of 1971,s.2)

'wholesale dealer' means a person who carries on the business of selling
dangerous drugs to persons who buy to sell again, and 'wholesale dealing'
shall be construed accordingly. [cf. U.K. S.I. 196411811, reg. 32(1)

(2) For the purposes of this Ordinance, a person shall be deemed to be in
possession of a dangerous drug or a pipe, equipment or apparatus, as the case may
be, if it is in his actual custody or is held by some other person subject to his
control or for him and on his behalf. [cf. U.K. S.I. 196411811, reg. 201

(3) Any quantity of a dangerous drug shall be a dangerous drug for the
purposes of this Ordinance notwithstanding that the quantity is insufficient to be
measured or used. (Added, 40 of 1982, s. 2)

Calculation of percentages for purposes of First Schedule,
and extended meaning of 'substance'

3. (1) For the purposes of the First Schedule-

(a)in the case of liquid preparations, percentages shall be calculated on the
basis that a preparation containing 1 per cent of any substance means a
preparation in which 1 gram of the substance if a solid, or 1 millilitre of the
substance if a liquid, is contained in every 100 millilitres of the
preparation, and so in proportion for any greater or less percentage; and

(b)in the case of salts, percentages shall be calculated as in respect of the
anhydrous base.

(2) The specification in paragraph 1 of Part 1 of the First Schedule of a
substance shall, if the existence of isomers of that substance is possible within the
specific chemical designation thereof, be taken to comprehend the specification of
any isomer of that substance whose existence is possible as aforesaid; and any
other reference in the First Schedule to a substance specified in paragraph 1 of Part
I thereof shall be construed accordingly. [cf. U.K. 1965 c. 15, s. 24 (2) 1





PART II

CONTROL OF IMPORT, EXPORT, PROCURING, SUPPLY,
DEALING IN OR WITH, MANUFACTURE AND
POSSESSION OF DANGEROUS DRUGS

Trafficking in dangerous drug

4. (1) Save under and in accordance with this Ordinance or a licence
granted by the Director hereunder, no person shall, on his own behalf or on
behalf of any other person, whether or not such other person is in Hong Kong-

(a) traffic in a dangerous drug;

(b)offer to traffic in a dangerous drug or in a substance he believes to be a
dangerous drug; or

(c)do or offer to do an act preparatory to or for the purpose of trafficking
in a dangerous drug or in a substance he believes to be a dangerous
drug. (Amended, 37 of 1980, s. 2)

(2) Subsection (1) shall apply whether or not the dangerous drug is in
Hong Kong or is to be imported into Hong Kong or is ascertained, appro-
priated or in existence.

(3) Any person who contravenes any of the provisions of subsection (1)
shall be guilty of an offence and shall be liable-

(a)on conviction on indictment, to a fine of $5,000,000 and to imprison-
ment for life; and

(b)on summary conviction, to a fine of $500,000 and to imprisonment for
3 years. (Amended, 43 of 1974, s. 2)

(4) This section does not apply to-

(a) a preparation specified in Part 11 of the First Schedule; or

(b) a dangerous drug which is in transit and-
(i) is in course of transit from a country from which it may lawfully
be exported to another country into which it may lawfully be impor-
ted; and
(ii) was exported from a country which is a party to the Conven-
tions and is accompanied by a valid export authorization or diversion
certificate, as the case may be. (Replaced, 7 of 1984, s. 2)

Trafficking in purported dangerous drug

4A. (1) No person shall, on his own behalf or on behalf of any other
person, whether or not such other person is in Hong Kong-

(a)traffic in -any substance represented or held out by him to be a
dangerous drug but which is not in fact a dangerous drug;

(b)offer to traffic in any substance represented or held out by him to be a
dangerous drug but which is not in fact a dangerous drug; or





(c)do or offer to do an act preparatory to or for the purpose of trafficking in
any substance represented or held out by him to be a dangerous drug but
which is not in fact a dangerous drug.

(2) Subsection (1) shall apply whether or not the substance represented or held
out to be a dangerous drug is in Hong Kong or is to be imported into Hong Kong or
is ascertained, appropriated or in existence.

(3) Any person who contravenes any of the provisions of subsection (1) shall
be guilty of an offence and shall be liable

(a)on conviction on indictment, to a fine of $500,000 and to imprisonment for 7
years; and

(b)on summary conviction, to a fine of 100,000 and to imprisonment for 1
year.

(4) No prosecution for an offence under this section shall be instituted without
the consent in writing of the Attorney General, but this subsection shall not prevent
the arrest, or the issue of a warrant for the arrest, of a person for any such offence,
or the remand in custody or on bail of a person charged with such an offence.

(Added, 37 of 1980, s. 3)

Dangerous drug not to he supplied except to person
authorized or licensed to he in possession thereof

5. (1) No person shall supply or procure, or offer to supply or procure, a
dangerous drug to or for any person in Hong Kong unless

(a)the latter person is authorized by or licensed under this Ordinance to be in
possession of that dangerous drug;

(b)the dangerous drug is to be supplied or procured in accordance with this
Ordinance; and

(c)in the case of a person licensed under this Ordinance to be in possession
of the dangerous drug, the dangerous drug is to be supplied or procured
in accordance with the conditions of his licence.

(2) Any person who contravenes subsection (1) shall be guilty of an offence
and shall be liable

(a)on conviction on indictment, to a fine of $100,000 and to imprisonment for
15 years; and

(b)on summary conviction, to a fine of $10,000 and to imprisonment for 3
years.

(3) For the purposes of this section, the administration of a dangerous drug

(a)by or under the direct personal supervision of, and in the presence of, a
registered medical practitioner;

(b)by or under the direct personal supervision of, and in the presence of, a
registered dentist in the course of dental treatment; or





(c)by a sister for the time being in charge of a ward, theatre or other
department in a prescribed hospital or in a health centre or clinic
maintained by the Crown acting on the instructions of a registered medical
practitioner, to a patient of that ward, theatre, department, health centre or
clinic,

shall be deemed not to be the supplying of the dangerous drug.

[cf. U.K. S.I. 196411811, reg. 8]

Manufacture of dangerous drug

6. (1) Save under and in accordance with this Ordinance or under and in
accordance with a licence granted by the Director thereunder and on the premises
specified in such licence, no person shall

(a) manufacture a dangerous drug; or

(b)do or offer to do an act preparatory to or for the purpose of manufacturing
a dangerous drug.

(2) Any person who contravenes subsection (1) shall be guilty of an offence
and shall be liable on conviction on indictment to a fine of $5,000,000 and to
imprisonment for life.

(Amended, 43 of 1974, s. 3)

Possession of dangerous drug for purpose of unlawful
trafficking therein

7. (1) No person shall have a dangerous drug in his possession for the purpose
of unlawful trafficking therein, whether by him or some other person.

(2) Any person who contravenes subsection (1) shall be guilty of an offence
and shall be liable

(a)on conviction on indictment, to a fine of $5,000,000 and to imprisonment
for life; and

(b)on summary conviction, to a fine of $500,000 and to imprisonment for 3
years. (Amended, 43 of 1974, s. 4)

(3) This section does not apply to-

(a) a preparation specified in Part II of the First Schedule; or

(b) a dangerous drug which is in transit and-

(i) is in course of transit from a country from which it may lawfully be
exported to another country into which it may lawfully be imported; and

(ii) was exported from a country which is a party to the Conventions
and is accompanied by a valid export authorization or diversion certificate,
as the case may be. (Added, 7 of 1984, s. 3)

Possession of dangerous drug otherwise than for
trafficking, and consumption of dangerous drug

8. (1) Save under and in accordance with this Ordinance or a licence granted by
the Director thereunder, no person shall





(a) have in his possession; or

(b) smoke, inhale, ingest or inject,

a dangerous drug.

(2) Any person who contravenes any of the provisions of subsection (1) shall
be guilty of an offence and shall be liable on conviction on indictment or on
summary conviction to a fine of $10,000 and, subject to section 54A, to
imprisonment for 3 years. (Amended, 67 of 1979, s. 2)

Cultivation of and dealing in cannabis plant and opium poppy

9. (1) No person shall cultivate any plant of the genus cannabis or the opium
poppy.

(2) No person shall, on his own behalf or on behalf of any other person,
whether or not such other person is in Hong Kong

(a) supply or procure or offer to supply or procure;

(b) in any way deal in or with or offer or purport to deal in or with; or

(c)import into or export from Hong Kong or do an act preparatory to or for
the purpose of such importing or exporting,

any plant of the genus cannabis or the opium poppy, whether or not the same is in
Hong Kong or is ascertained or appropriated or in existence.

(3) No person shall have in his possession any plant of the genus cannabis or
the opium poppy unless the same is in transit.

(4) Section 14 shall apply to any plant of the genus cannabis and the opium
poppy when the same is in transit as it applies to a dangerous drug which is in
transit.

(5) Any person who contravenes any of the provisions of this section shall be
guilty of an offence and shall be liable on conviction on indictment to a fine of
$100,000 and to imprisonment for 15 years.

PART III

ISSUE OF LICENCES AND CERTIFICATES, REQUIREMENTS IN
CONNECTION
WITH LAWFUL IMPORT AND EXPORT OF DANGEROUS
DRUGS, AND DANGEROUS DRUGS IN TRANSIT

Licence to import dangerous drug

10. (1) The Director may issue an import licence authorizing the person named
therein to import into Hong Kong, within the period specified therein, such quantity
of a dangerous drug as may be specified therein.

(2) When an import licence is issued to any person under subsection (1), the
Director shall also issue to that person an import certificate, and where such person
intends to import the dangerous drug in more than one consignment the Director
shall issue to him a separate import certificate in respect of each consignment.





Requirements to be complied with in relation to import of
dangerous drug

11. (1) The person to whom an import certificate is issued under section
10(2) shall send the same to the person from whom the dangerous drug to which
it relates is to be obtained.

(2) A dangerous drug which is imported into Hong Kong from a country
which is a party to the Conventions shall be accompanied by a valid export
authorization or diversion certificate.

(3) Any person who contravenes subsection (1) shall be guilty of an
offence and shall be liable on conviction to a fine of $5,000 and to imprisonment
for 6 months.

(4) In the event of a contravention of subsection (2), the person by whom
the dangerous drug is imported into Hong Kong shall be guilty of an offence
and shall be liable on conviction to a fine of $5,000 and to imprisonment for
6 months, unless he shows that he had taken all practicable steps to ensure
that the said subsection was complied with.

Licence to export dangerous drug

12. (1) Subject to subsection (2), the Director may issue an export licence
authorizing the person named therein to export from Hong Kong to the country
specified therein, within the period specified therein, such quantity of a danger-
ous drug as may be specified therein.

(2) Save where the dangerous drug is to be exported to a country which is
not a party to the Conventions, an export licence shall not be issued under
subsection (1) except on production of an import certificate issued by a com-
petent authority in the country to which the drug is to be exported, and then
only to the person named in such certificate and in respect of the dangerous
drug specified therein.

(3) When an export licence is issued to any person under subsection (1),
the Director shall also issue to that person a copy of the licence.

Requirements to be complied with on export of dangerous
drug

13. (1) The person to whom an export licence is issued under section
12(1) shall send the copy of the licence issued to him pursuant to subsection (3)
of that section with the dangerous drug to which the licence relates when the
same is exported from Hong Kong. (Amended, 46 of 1971, s. 3)

(2) A person who intends to export from Hong Kong a dangerous drug in
respect of which an export licence has been issued under section 12(1) shall-

(a)if so required, produce to the Director the dangerous drug and the
export licence; and

(b)produce such other evidence as the Director may require to satisfy him
that the dangerous drug is being lawfully exported to the place and
person specified in the export licence.





(3) Any person who contravenes subsection (1) or (2) shall be guilty of an
offence and shall be liable on conviction to a fine of $5,000 and to imprisonment for
6 months.

Dangerous drug in transit

14. (1) If a dangerous drug which is in transit-

(a)is not in course of transit from a country from which it may lawfully be
exported to another country into which it may lawfully be imported; or

(b)was exported from a country which is a party to the Conventions and was
not accompanied by a valid export authorization or diversion certificate, as
the case may be,

the person by whom the dangerous drug was imported shall, unless, in the case of a
contravention of paragraph (b), he shows that he had taken all practicable steps to
ensure that the said paragraph was complied with, be guilty of an offence and shall
be liable on conviction on indictment, to a fine of 100,000 and to imprisonment for
10 years and on summary conviction, to a fine of $10,000 and to imprisonment for 3
years. (Amended, 46 of 1978, s. 3)

(2) Save under and in accordance with a removal licence issued by the Director
under section 15, no person shall

(a)remove a dangerous drug which is in transit from the ship, aircraft, vehicle
or train in which it was imported into Hong Kong; or

(b)in any way move a dangerous drug in Hong Kong after its removal from
the ship, aircraft, vehicle or train in which it was imported into Hong Kong.

(3) No person shall-

(a)cause a dangerous drug which is in transit to be subjected to any process
which alters its nature; or

(b)wilfully open or break any package or other thing containing a dangerous
drug which is in transit,

except on the instructions of the Director and in such manner as he may direct.

(4) Save under and in accordance with a diversion licence issued by the
Director under section 16(1), no person shall cause a dangerous drug which is in
transit to be diverted to any destination other than

(a)the country specified in the export authorization or diversion certificate
accompanying the dangerous drug when it was imported into Hong Kong;
or

(b) the country to which the dangerous drug was originally to be exported.

(5) Any person who contravenes subsection (2), (3) or (4) shall be guilty of an
offence and shall be liable

(a)on conviction on indictment, to a fine of $100,000 and to imprisonment for
10 years; and





(b)on summary conviction, to a fine of 5 10,000 and to imprisonment for 3
years.
(6) Subsection (1) or (3)(b) shall not apply to-

(a) a dangerous drug which is in transit by post; or
(b)a dangerous drug forming part of the medical stores of a ship or
aircraft, if the quantity thereof does not exceed the quantity reason-
ably required for the purpose of such stores.

(7) Subsection (2) shall not apply to a dangerous drug which is in transit
by post.

Licence to remove dangerous drug in transit

15. (1) Subject to subsection (2), the Director may issue a removal licence
authorizing the person named therein to remove the dangerous drug in transit
specified therein in such manner and at such time as may be specified therein.
(2) Except where a dangerous drug which is in transit was exported from a
country which is not a party to the Conventions, a removal licence shall not be
issued in respect of a dangerous drug unless a valid export authorization or
diversion certificate relating to that drug is produced to the Director.

Licence to divert dangerous drug in transit

16. (1) Subject to subsection (2), the Director may issue a diversion
licence authorizing the person named therein to divert the dangerous drug in
transit specified therein to such country as may be specified therein.
(2) The Director shall not issue a diversion licence under subsection (1)
except-
(a)on production to him of a valid import certificate issued by a
competent authority in the country to which the dangerous drug in
transit is to be diverted; or

(b)if that country is not a party to the Conventions, on production to him
of evidence which satisfies him that the dangerous drug in transit is to
be consigned to the country to which it is to be diverted in a lawful
manner and for a lawful purpose.
(3) On the issue of a diversion licence under subsection (1), the export
authorization or diversion certificate (if any) accompanying the dangerous drug
when it was imported into Hong Kong shall be detained by the Director and
returned to the authority by which it was issued, together with a notice of the
name of the country to which the dangerous drug has been diverted.

(4) When a diversion licence is issued to any person under subsection (1),
the Director shall also issue to that person a copy of the licence.

Requirement to he complied with where diversion licence
issued

17. (1) The person to whom a diversion licence is issued under section
16(1) shall send the copy of the licence issued to him pursuant to section 16(4)
with the dangerous drug to which the licence relates when the same is exported
from Hong Kong.





(2) Any person who contravenes subsection (1) shall be guilty of an
offence and shall be liable on conviction to a fine of $5,000 and to imprisonment
for 6 months.

General power of Director to issue licences

18. In addition to the licences and certificates which the Director is
empowered to issue under any other provision in this Part, the Director may
issue any licence required for the purposes of this Ordinance.

Issue of licence, etc. to be in discretion of Director and
power to impose conditions

19. (1) Save as otherwise provided, the issue of a licence or certificate
under this Ordinance shall be in the discretion of the Director.

(2) On the issue of a licence or certificate under this Ordinance, the
Director may impose such conditions as he thinks fit.

(3) Any person who contravenes a condition to which a licence or
certificate issued by the Director under this Ordinance is subject shall be guilty
of an offence and shall be liable on conviction to a fine of $50,000 and to
imprisonment for 3 years.

Cancellation of licences, etc.

20. (1) The Director may at any time cancel a licence or certificate issued
under this Ordinance.

(2) Any person aggrieved by the cancellation under subsection (1) of a
licence or certificate may, within 14 days after the delivery to him of notice of
the cancellation, appeal by way of petition to the Governor.

(3) On an appeal under subsection (2), the Governor may confirm, vary or
reverse the decision or substitute therefor such other decision or make such
other order as he thinks fit.

Form of licence and certificate

21. A licence or certificate under this Ordinance shall be in such form as
the Director may determine.

PARTIV

STATUTORY AUTHORITY TO PROCURE, SUPPLY
AND POSSESS DANGEROUS DRUGS

Statutory authority for certain persons to possess, supply or
manufacture dangerous drugs

22. (1) Subject to the provisions of this Ordinance-

(a) a registered medical practitioner;





(b) a registered dentist;

(c) an approved veterinary surgeon;

(d) the Chief Pharmacist;

(e) a person-

(i) who is a registered pharmacist or an approved person;

(ii) who is employed or engaged at a prescribed hospital or at a health
centre or clinic maintained by the Crown; and

(iii) whose duties in that employment or engagement include the
dispensing or supply of medicines for that, or any other such, hospital,
health centre or clinic;

a sister for the time being in charge of a ward, theatre or other department
in a prescribed hospital or in a health centre or clinic maintained by the
Crown;

(g)a person in charge of a laboratory used for the purposes of research or
instruction and attached to a university or to an approved hospital or
institution,

is hereby authorized, so far as may be necessary for the practice or exercise of his
profession, function or employment, and in his capacity as such, to be in
possession of and to supply a dangerous drug.

(2) Subject to the provisions of this Ordinance, the matron of a prescribed
hospital is hereby authorized, so far as may be necessary for the purposes of the
hospital, and in her capacity as matron thereof, to be in possession of and to supply
a dangerous drug.

(3) The Government Chemist is hereby authorized, so far as may be necessary
for the exercise of his employment, and in his capacity as such, to be in possession
of a dangerous drug.

(4) A registered medical practitioner is hereby authorized, so far as may be
necessary for the practice of his profession, to manufacture any preparation and to
be in possession of and procure any dangerous drug required for the manufacture
of such preparation.

(5) Any registered pharmacist or approved person who is employed or
engaged at a prescribed hospital is hereby authorized

(a)to manufacture any preparation required for the purposes of the hospital;
and

(b)to be in possession of and to procure any dangerous drug so far as it may
be necessary for such manufacture:

Provided that an approved person shall be so authorized only if he is acting on
the directions of the medical officer in charge of the hospital.

(6) In section 24, and in this section, except subsection (3), 'dangerous drug'
does not include the drugs specified in any of paragraphs 9 to 12 of Part 1 of the
First Schedule. (Amended, 46 of 1978, s. 4)

[cf. U.K. S.I. 196411811, reg. 10 (1) and (3)

Restrictions on authority conferred by section 22, etc.

23. (1) Nothing in section 22 shall-





(a)authorize a registered dentist to supply a dangerous drug unless the drug
is administered by him, or under his direct supervision and in his
presence, to a person receiving treatment by him.'

1

(b)authorize the sister in charge of a ward, theatre or other department in a
prescribed hospital or in a health centre or clinic maintained by the Crown

(i) to procure a dangerous drug except from a person employed or
engaged in dispensing medicines at the hospital, health centre or clinic or
from the matron of the hospital and except upon a written order signed by
the sister; or

(ii) to supply a dangerous drug except in accordance with a prescription
lawfully given by a registered medical practitioner in charge of any of the
patients of the hospital, health centre or clinic or in accordance with
directions given in the bed card or case sheet of a patient in the hospital
or health centre by a registered medical practitioner in charge of that
patient or in accordance with a prescription lawfully given by a registered
dentist in charge of any of the patients in the hospital;

(c)authorize a person who is a registered pharmacist or an approved person
and who is employed or engaged at a prescribed hospital or at a health
centre or clinic maintained by the Crown to supply a dangerous drug
except

(i) in accordance with a written order signed by the sister in charge of a
ward, theatre or other department in the hospital, health centre or clinic; or

(ii) in accordance with a prescription lawfully given by a registered
medical practitioner in charge of any of the patients of the hospital, health
centre or clinic or in accordance with directions given in the bed card or
case sheet of a patient in the hospital or health centre by a registered
medical practitioner in charge of that patient or in accordance with a
prescription lawfully given by a registered dentist in charge of any of the
patients in the hospital; or

(d)authorize the matron of a prescribed hospital to procure a dangerous drug
except on an order signed by the medical officer in charge of the hospital
or to supply a dangerous drug except

(i) in accordance with a written order signed by the sister in charge of a
ward, theatre or other department in the hospital; or

(ii) in accordance with a prescription lawfully given by a registered
medical practitioner or registered dentist in charge of any of the patients
in the hospital or in accordance with directions given in the bed card or
case sheet of a patient in the hospital by a registered medical practitioner
in charge of that patient.

(2) A written order signed by a sister in accordance with subsection (1)(b)(i) on
which a dangerous drug is procured shall be marked. in such manner as to show
that it has been complied with, by the person employed or engaged in dispensing
medicines who complies with the order or by the matron, as the case may be, and
shall be kept in the dispensary or by the matron, and a copy or note thereof shall be
kept for at least 2 years by the sister for the time being in charge of the ward, theatre
or department for use in which the dangerous drug was

procured.[cf. U.K. S.I. 196411811, reg. 10(5)]





(3) Whenever a dangerous drug is supplied-

(a)on a written order signed by a sister in accordance with subsection
(1)(b)(i);

(b)on a prescription lawfully given by a registered medical practitioner or a
registered dentist; or

(c)in accordance with directions given in the bed card or case sheet of a
patient,

by a person who is a registered pharmacist or an approved person and who is
employed or engaged at a prescribed hospital or at a health centre or clinic
maintained by the Crown or by the matron of a hospital, a record of such order or
prescription shall be entered in a book kept solely for the purpose.

(4) Every dangerous drug, other than a preparation specified in Part 11 of the
First Schedule, in the actual custody of a person authorized by section 22 to be in
possession thereof shall, except when the necessities of the practice or exercise of
the profession, function or employment by virtue of which that person is so
authorized otherwise require, be kept in a locked receptacle which can be opened
only by him or by some other person authorized by that section to be in possession
of the dangerous drug. [cf. U.K. S.I. 196411811, reg. 10(4) First Schedule]

(5) All dangerous drugs which are in the possession of any person by virtue of
section 22(1)(e) or (f), (2) or (5) shall be examined at least once in every month by a
person appointed by the medical officer in charge of the hospital, health centre or
clinic, and if it appears to the person by whom such examination is carried out

(a)that a dangerous drug is in the possession of such person otherwise than
in accordance with this Ordinance;

(b)that the proper quantity of any dangerous drug is not in the possession of
such person; or

(c)that any dangerous drug has been supplied to or supplied or dispensed by
such person otherwise than in accordance with this Ordinance,

he shall forthwith notify the Director.

(6) Any person who-

(a) contravenes subsection (3) or (4); or

(b) fails to notify the Director in accordance with subsection (5),

shall be guilty of an offence and shall be liable on conviction to a fine of $5,000.
[cf. U.K. S.I. 196411811, reg. 10 (1) proviso and reg. 10 (3) proviso]

Statutory authority for authorized sellers of poisons to
manufacture preparations and retail drugs and preparations,
and for listed sellers of poisons to retail certain preparations

24. (1) An authorized seller of poisons is hereby authorized-

(a)in the ordinary course of his retail business to manufacture at any premises
registered by him under the Pharmacy and Poisons Ordinance (Cap. 138)
any preparation;





(b)subject to the provisions of this Ordinance, to carry on at any such
premises the business of retailing, dispensing and compounding any
dangerous drug;

(c)to supply any dangerous drug otherwise than by way of wholesale
dealing; and

(d)to supply any dangerous drug by way of wholesale dealing to any person
licensed or authorized under this Ordinance to be in possession of that
dangerous drug.

(2) A person who is a listed seller of poisons under the Pharmacy and Poisons
Ordinance is hereby authorized to carry on, at the premises at which he is entitled to
conduct the retail sale of poisons under that Ordinance, the retail sale of any
preparation specified in Part IV of the First Schedule. (Replaced, 46 of 1971, s. 4)

(3) Nothing in subsection (1) shall authorize the sale by retail of poisons by a
person who is not qualified in that behalf under, or such sale otherwise than in
accordance with, the Pharmacy and Poisons Ordinance or be in derogation of the
provisions of that Ordinance prohibiting, restricting or regulating the sale of
poisons.

(4) Nothing in subsection (1) shall authorize an authorized seller of poisons to
be in possession of any dangerous drug except on premises registered by him
under the Pharmacy and Poisons Ordinance.

(5) Every dangerous drug, other than a preparation specified in Part II of the
First Schedule, in the actual custody of a person authorized by this section to be in
possession thereof shall be kept in a locked receptacle which can be opened only by
him or by some assistant of his who is a registered pharmacist and is not a person
whose authority has been withdrawn under section 33.

[cf. U.K. S.I. 196411811, reg. 121

Statutory authority to possess dangerous drug supplied by
registered medical practitioner, etc., or on prescription or by
authorized seller of poisons

25. (1) A person to whom-

(a)a dangerous drug is lawfully supplied by a registered medical practitioner
or an approved veterinary surgeon;

(b)a dangerous drug is lawfully supplied on a prescription lawfully given by
a registered medical practitioner or a registered dentist or an approved
Veterinary surgeon;

(c)a dangerous drug specified in Part 111 of the First Schedule is lawfully
supplied by an authorized seller of poisons; or

(d)a preparation specified in Part IV of the First Schedule is lawfully supplied
by a person referred to in section 24(2),

is hereby authorized to be in possession of the dangerous drug or preparation so
supplied.





(2) Notwithstanding the provisions of subsection (1), a person supplied with a
dangerous drug by, or on a prescription given by, a registered medical practitioner
shall be deemed not to be authorized by that subsection to be in possession of the
dangerous drug if

(a)he was being supplied with a dangerous drug by, or on a prescription
given by, another registered medical practitioner in the course of
treatment, and did not disclose the fact to the first-mentioned registered
medical practitioner before the supply by him or on his prescription; or

(b)he or any other person on his behalf made a declaration or statement for
the purpose of obtaining the supply or prescription, and the declaration or
statement was false in any particular.

[cf. U.K. S.I. 196411811, reg. 9(2)

Statutory authority to ingest or inject dangerous drug

26. (1) A person who-

(a) ingests or injects into himself a dangerous drug-

(i) on the direction of a registered medical practitioner, for the purposes
of medical treatment; or

(ii) on the direction of a registered dentist, for the purposes of dental
treatment;

(b)ingests a dangerous drug specified in Part 111 of the First Schedule which
was lawfully supplied by an authorized seller of poisons; or

(c)ingests a preparation specified in Part IV of the First Schedule which was
lawfully supplied by a person referred to in section 24(2),

shall not thereby contravene this Ordinance.

(2) A registered medical practitioner or registered dentist who injects a
dangerous drug into another person for the purposes of medical or dental treatment
shall not thereby contravene this Ordinance.

(3) A person who injects a dangerous drug into another person-

(a)for the purposes of medical treatment, on the direction of a registered
medical practitioner; or

(b)for the purposes of dental treatment, on the direction and in the presence
of a registered dentist,

shall not thereby contravene this Ordinance.

Statutory authority to possess equipment and apparatus for
injection of dangerous drugs

27. (1) The following persons are hereby authorized to have in their possession
equipment or apparatus fit and intended for the injection of a dangerous drug, so far
as may be necessary for the purposes of the practice or exercise of their profession,
function or employment, that is to say

(a) any registered medical practitioner;





(b) any registered dentist; and

(c)any person employed or engaged in a prescribed hospital or in a health
centre or clinic maintained by the Crown.

(2) A person is hereby authorized to have in his possession equipment or
apparatus fit and intended for the injection of a dangerous drug if the same is for
use for the injection into himself of a dangerous drug on the direction of a
registered medical practitioner for the purposes of medical treatment.

Statutory authority of masters of ships to possess, supply
and procure dangerous drugs

28.(1) (a) The master of a ship which does not carry on board as part of her
complement a registered medical practitioner, is hereby authorized

(i) so far as may be necessary for the purpose of compliance with the
Merchant Shipping Acts or the Merchant Shipping Ordinance (Cap. 28 1),
as the case may be, to be in possession of dangerous drugs; and

(ii) subject to any conditions and instructions which may be applicable
thereto, to supply those dangerous drugs to members of the crew.

(b)Where a dangerous drug is supplied to a member of the crew of a ship

(i) an entry in the official log book; or

(ii) in the case of a ship which is not required under the Merchant
Shipping Acts or by virtue of the Merchant Shipping Ordinance to carry
an official log book, a report signed by the master of the ship,

shall notwithstanding anything in this Ordinance be a sufficient record of
the supply, if the entry or report specifies the dangerous drug supplied
and, in the case of such a report, it is delivered as soon as practicable to
the superintendent of a mercantile marine office.

(c)Every dangerous drug in the possession of the master of a ship by virtue
of this section shall, except where the necessity of supplying it to a
member of the crew otherwise requires, be kept in a locked receptacle,
which can be opened only by the master or by an officer authorized by the
master.

(d) In this section-

'mercantile marine office' means a mercantile marine office established
and maintained under the Merchant Shipping Acts or the mercantile
marine office appointed under the Merchant Shipping Ordinance;

'official log book means the official log book required to be kept under
the Merchant Shipping Acts or by virtue of the Merchant Shipping
Ordinance.





(2)(a) The master of a foreign ship which is in Hong Kong is hereby
authorized to procure such quantity of dangerous drugs as may be
certified by a public officer appointed for the purposes of this subsection
by the Director to be necessary for the equipment of the ship until it
reaches its home port.

(b)A person who supplies a dangerous drug in accordance with a certificate
given under paragraph (a) shall retain the certificate and mark it with the
date on which the dangerous drug was supplied and keep it on his
premises so as to be at all times available for inspection.

(3) Any person who contravenes subsection (1)(c) or (2)(b) shall be guilty of
an offence and shall be liable on conviction to a fine of $5,000.

[cf. U.K. S.I. 196411811, reg. 13(1) and (2)]

Further statutory authorization of persons authorized or
licensed to manufacture or supply dangerous drug

29. For the purposes of this Ordinance, but subject in each case to the
provisions of this Ordinance and to any condition to which a licence issued
thereunder is subject

(a)a person authorized by or licensed under this Ordinance to manufacture a
dangerous drug is hereby authorized to supply that drug; and

(b)a person authorized by or licensed under this Ordinance to supply a
dangerous drug is hereby authorized to have that drug in his possession
and to procure that drug.

[cf. U.K. S.I. 196411811, reg. 291

Supply of dangerous drugs to hospitals, etc.

30. (1) A dangerous drug shall not be supplied for use in a prescribed hospital
or in a health centre or clinic maintained by the Crown except on the written order of
the registered pharmacist in charge of the dispensary attached to the hospital,
health centre or clinic or of the medical officer in charge of the hospital, health
centre or clinic.

(2) Any person who contravenes subsection (1) shall be guilty of an offence
and shall be liable on conviction to a fine of $10,000 and to imprisonment for 12
months.

Supply of dangerous drug on prescription

31. (1) A person shall not supply a dangerous drug on a prescription-

(a)unless the prescription complies with the provisions of this Ordinance
relating to prescriptions;

(b)unless he is either acquainted with the signature of the person by whom it
purports to be given and has no reason to suppose that it is not genuine
or has taken reasonable steps to satisfy himself that it is genuine;

(c) before the date specified in the prescription.





(2) If a prescription prescribing a dangerous drug expressly states that it may,
subject to the lapse of an interval or intervals specified in the prescription, be
dispensed a second or third time, the drug thereby prescribed may, as the case may
be, be supplied a second or third time after the specified interval or intervals but no
more, but save as aforesaid a prescription shall not for the purposes of this
Ordinance be taken as enabling the dangerous drug to be supplied more than once.

(3) A person dispensing a prescription prescribing a dangerous drug shall

(a)at the time of dispensing the prescription, mark thereon the date on which
it is dispensed and, in the case of a prescription which may be dispensed a
second or third time, the date of each occasion on which it is dispensed;
and

(b)retain and keep the prescription on the premises where it is dispensed and
so as to be at all times available for inspection.

(4) Any person who contravenes subsection (1) or (3) shall be guilty of an
offence and shall be liable on conviction to a fine of $10,000.

[cf. U.K. S.I. 196411811, reg. 15]

Supply of dangerous drugs to persons on behalf of another,
otherwise than on prescription

32. (1) Where a dangerous drug, other than a dangerous drug specified in Part
Ill of the First Schedule, is to be lawfully supplied to any person (hereinafter referred
to as 'the recipient') otherwise than by, or on a prescription lawfully given by, a
registered medical practitioner, the person supplying the dangerous drug
(hereinafter referred to as 'the supplier') shall not deliver it to a person who
purports to be sent by or on behalf of the recipient unless that person either

(a)is authorized by or licensed under this Ordinance to be in possession of
that dangerous drug; or

(b)produces to the supplier a statement in writing signed by the recipient to
the effect that he is empowered by the recipient to receive that dangerous
drug on behalf of the recipient, and the supplier is reasonably satisfied
that the document is a genuine document.

(2) A person to whom a dangerous drug is lawfully delivered in the
circumstances mentioned in subsection (1) shall be deemed to be a person
authorized to be in possession thereof, but for such period only as in the
circumstances of the case is reasonably sufficient to enable delivery to the recipient
to be effected.

(3) Any person who contravenes subsection (1) shall be guilty of an offence
and shall be liable on conviction to a fine of $10,000.

[cf. U.K. S.I. 196411811, reg. 21]

Withdrawal of authority conferred by section 22

33. (1) Whenever the Director is of opinion that it is in the public interest to do
so, he may by order





(a)withdraw absolutely from any person the authorization conferred by
section 22; or

(b)withdraw from any person the authorization conferred by section 22
and suspend such withdrawal subject to such conditions as he thinks
fit.
(2) The withdrawal under subsection (1) of the authorization conferred
on any person by section 22 may extend to all dangerous drugs or to such
dangerous drugs or class of dangerous drugs as the Director may specify and
may be permanent or for such period as the Director may specify.

(3) Any person aggrieved by an order under subsection (1) may, within 14
days after the delivery to him of a copy of the order, appeal by way of petition to
the Governor.

(4) An order under subsection (1) shall take effect on publication in the
Gazette, and no such order shall be published in the Gazette-
(a)until the expiry of a period of 14 days after a copy thereof, and a
statement in writing of the grounds on which the order was made and
that the same is to be published in the Gazette, have been delivered to
the person in respect of whom it was made; or

(b)where there is an appeal under subsection (3), unless the order is
confirmed by the Governor or the appeal is abandoned.

(5) Where on an appeal under subsection (3) the order under subsection
(1) is varied or some other decision substituted therefor or some other order
made, notice thereof shall be published in the Gazette, and the decision of the
Governor on the appeal shall not take effect until such notice is so published.

(6)(a) Where the authorization conferred on any person by section 22
has been withdrawn absolutely, the Director may, upon application,
by order-
(i) restore the authorization; or
(ii) suspend the withdrawal subject to such conditions as he thinks
fit.

(b)Where the authorization conferred on any person by section 22 has
been withdrawn and the withdrawal suspended, the Director may,
upon application, by order restore the authorization.

(e)Where the authorization conferred by section 22 has been withdrawn
permanently or for a specified period exceeding one year, no applica-
tion may be made under this subsection within 6 months after the
withdrawal took effect.

(7) Any person aggrieved by a refusal of the Director to make an order
under subsection (6) may appeal by way of petition to the Governor.
(8) Notice of an order under subsection (6), and of a decision of the
Governor on an appeal under subsection (7) restoring to any person the
authorization conferred by section 22 or suspending the withdrawal of such an
authorization, shall be published in the Gazette.
(9) On an appeal under subsection (3) or (7), the Governor may confirm,
vary or reverse the decision or substitute therefor such other decision or make
such other order as he thinks fit.





Power to prohibit prescribing of dangerous drug

34. Where the authorization conferred by section 22 is withdrawn under
section 33 from a registered medical practitioner, a registered dentist or an approved
veterinary surgeon, the Director may, by notice in the Gazette, direct that it shall not
be lawful for that person to give prescriptions prescribing a dangerous drug.

[cf. U.K. S.I. 196411811, reg. 111

PART V

DIVANS, EQUIPMENT FOR SMOKING, INJECTING,
ETC.
DANGEROUS DRUG, AND PREMISES USED FOR
UNLAWFUL TRAFFICKING IN OR MANUFACTURE
OF DANGEROUS DRUG

Divan keeping

35. (1) No person shall open, keep, manage or assist in the management of a
divan where

(a)a dangerous drug is sold in the divan to be smoked, inhaled, ingested or
injected therein;

(b)a price or its equivalent is charged for the smoking inhalation, ingestion
or injection of a dangerous drug therein; or

(c)any benefit or advantage whatever, direct or indirect, is derived by such
person in consequence of the smoking, inhalation, ingestion or injection
of a dangerous drug therein.

(2) Any person who contravenes any of the provisions of subsection (1) shall
be guilty of an offence and shall be liable
(a)on conviction on indictment, to a fine of $5,000,000 and to imprisonment
for 15 years; and

(b)on summary conviction, to a fine of $500,000 and to imprisonment for 3
years. (Amended, 43 of 1974, s. 5)

Possession of pipes, equipment, etc.

36. (1) Save under and in accordance with this Ordinance, no person shall have
in his possession any pipe, equipment or apparatus fit and intended for the
smoking, inhalation, ingestion or injection of a dangerous drug.

(2) Any person who contravenes any of the provisions of subsection (1) shall
be guilty of an offence and shall be liable on conviction to a fine of 10,000 and,
subject to section 54A, to imprisonment for 3 years. (Amended, 67 of 1979,s.3)

Responsibility of owners, tenants, etc.

37. (1) No person shall-





(a)being the owner, tenant, occupier or person in charge of any place or
premises, permit or suffer such place or premises or any part thereof to
be opened, kept or used as a divan or for unlawful trafficking in or the
unlawful manufacturing or storage of a dangerous drug; or

(b)let or agree to let, whether as principal or agent, any place or premises
with the knowledge that such place or premises or any part thereof
is to be opened, kept or used as a divan or for unlawful trafficking
in or the unlawful manufacturing or storage of a dangerous drug.
(Amended, 46 of 1971, s. 5)

(2) Any person who contravenes any of the provisions of subsection (1)
shall be guilty of an offence and shall be liable-

(a)on conviction on indictment, to a fine of $5,000,000 and to imprison-
ment for 15 years; and

(b)on summary conviction, to a fine of $500,000 and to imprisonment for
3 years. (Amended, 43 of 1974, s. 6)

Premises used for unlawful trafficking in or manufacturing,
etc. dangerous drug

38. (1) Where it is proved to the satisfaction of a court that an offence
under section 4, 6, 7, 35 or 37 has been committed in or on or in respect of any
place or premises or any part thereof, the court may order that a notice of the
fact shall be served either personally or by registered post on- (Amended, 46
of 1971, s. 6)

(a) the owner or any tenant of the place or premises or the part thereof, or

(b) if such owner or tenant is absent or under disability, on his agent; or

(c)if such owner or tenant is a company, on the secretary or manager
thereof.

(2) After service of a notice under subsection (1), a court may, on
application-

(a) by the person on whom the notice was served; or

(b) in the case of a company, by or on behalf of the company,

make an order (which shall be recognized and given effect to in any proceeding
in any court) determining any tenancy of such place or premises or of any part
of the place or premises as from the date of such order, and thereupon such
tenancy shall cease and determine for all purposes and any tenant under the
tenancy so determined and any occupier of such place or premises or such part
thereof may thereafter be treated as a trespasser.

(3)(a) An order under subsection (2) shall be sufficient authority to any
police officer to enter (by force if necessary) into the place or premises
specified in the order and-
(i) evict therefrom any person who may under subsection (2) be
treated as a trespasser; and
(ii) remove therefrom anything belonging to or in the possession of
any such person.





(b)The powers given by this subsection shall be in addition to and not in
derogation of any powers conferred by or under any other law.

(4) If, within 12 months after service of a notice under subsection (1), an
offence under section 4, 6, 7 or 35 is proved to have been committed by the same or
any other person in or on or in respect of such place or premises or such part
thereof, the person on whom the notice was served, or the company where the
notice was served on the secretary or manager thereof, shall be guilty of an offence
and shall be liable on conviction to a fine of 5500,000 unless such person or
company proves that he or it neither knew nor had reasonable means of knowing
that such offence had been committed. (Amended, 43 of 1974, s. 7)

(5) A document purporting to be a copy of the records or part of the records of
the Land Office and purporting to be certified by or on behalf of the Land Officer
shall be admitted in evidence in any proceedings under this section on its
production by the prosecution without further proof, and

(a) until the contrary is proved, it shall be presumed-

(i) that the document is a true copy of the records or part of the records
of the Land Office; and

(ii) that the document is certified by or on behalf of the Land Officer;
and

(b)such document shall be prima facie evidence of all matters contained
therein.

(6) In this section, 'tenant' includes any sub-tenant and 'tenancy' includes
any sub-tenancy.

PART VA

SEIZURE, DETENTION AND FORFEITURE OF
SHIPS

Interpretation

38A. In this Part

'excessive quantity' means a quantity of a dangerous drug specified in the second
column of the Fifth Schedule, including the quantity of any other substance
contained with the dangerous drug in a preparation, mixture, extract or other
material, being not less than the quantity specified in the third column of the
Fifth Schedule;

'master' in relation to a ship means the person (except a pilot within the meaning of
the Pilotage Ordinance (Cap. 84)) having for the time being command or charge
of the ship; and

,,owner' in relation to a ship means

(a)the person registered or licensed as the owner of the ship or, in the
absence of registration or licensing, the person owning the ship; and

(b) a demise charterer of the ship.





Commissioner of Customs and Excise may seize and
detain ship

38B. Where the Commissioner of Customs and Excise has reasonable cause to
suspect- (Amended, 40 of 1985, s. 9)

(a)that an excessive quantity of dangerous drugs has been found on a ship
exceeding 250 gross tons; and

(b)that an excessive quantity of dangerous drugs was found on that ship
within 18 months prior to the finding specified in paragraph (a),

he may, with the written consent of the Attorney General, seize and detain the ship
for 48 hours.

Magistrate may order arrest and detention of ship

38C. (1) Whenever, on an application made by the Commissioner of Customs
and Excise with the written consent of the Attorney General, it appears to a
magistrate that there is reasonable cause to suspect- (Amended, 40 of 1985, s.
9)

(a)that an excessive quantity of dangerous drugs has been found on a ship
exceeding 250 gross tons; and

(b)that an excessive quantity of dangerous drugs was found on that ship
within 18 months prior to the finding specified in paragraph (a),

he shall order-

(i)in a case where the ship has already been seized and detained under
section 38B, that it continue to be detained; and

(ii) in any other case, that it be arrested and detained.

(2) Where an order for detention or arrest and detention is made by a
magistrate under subsection (1), he shall further order that the proceedings be
transferred to the High Court.

Registrar to order summons to be served on ship

38D. (1) On proceedings being transferred to the High Court under section
38C(2), the Registrar of the Supreme Court shall order that a summons be served on
the ship containing details of the time and place at which the High Court will hear an
application by the Commissioner of Customs and Excise for an order for the payment
of a financial penalty under section 38F. (Amended, 40 of 1985, s. 9)

(2) A summons ordered to be served under subsection (1) shall be served on
the ship by affixing it to the mast or other prominent part of the ship.

Bail

38E. (1) At any time after an order has been made under section 38C(1) for the
detention or arrest and detention of a ship and before the application of the
Commissioner of Customs and Excise is determined under section 38F(1), a judge
may, on application made by the owner or master and served on the Attorney
General and on being satisfied that the requirements of subsections (2) and (3) have
been complied with, admit the ship to bail and order its

release.(Amended, 40 of 1985, s. 9)





(2) Bail on behalf of a ship under subsection (1) shall be in an amount not less
than $5,000,000 and may be

(a) a sum of money deposited with the High Court; or

(b) subject to subsection (3), a bond.

(3) Where bail on behalf of a ship is a bond, the bond shall be-

(a) in such form as the High Court may determine;

(b)entered into by a surety or sureties acceptable to the Attorney General;
and

(c)supported by an affidavit by each surety stating that he is able to pay the
sum for which the bond is given.

Imposition of penalties in respect of ships carrying excessive
quantities of drugs and consequential proceedings

38F. (1) Where, on an application being made by the Commissioner of Customs
and Excise and where a summons has been served under section 38D(2), the High
Court is satisfied beyond reasonable doubt- (Amended, 40 of 1985, s. 9)

(a)that an excessive quantity of dangerous drugs has been found on a ship
exceeding 250 gross tons; and

(b)that an excessive quantity of dangerous drugs was found on that ship
within 18 months prior to the finding specified in paragraph (a),

it may order the owner to pay a financial penalty not exceeding $5,000,000.

(2) Where a ship has been admitted to bail under section 38E, the High Court
may order that any financial penalty imposed under subsection (1) be recovered by
estreatment of the bail or such part thereof as may be necessary and the payment
thereof to the Crown.

(3) Where a ship has not been admitted to bail under section 38E, the High
Court may order that the ship continue to be detained until any financial penalty
imposed under subsection (1) is paid or arrangements satisfactory to the High
Court are made for the payment thereof.

(4) Where a ship has not been admitted to bail under section 38E and any
financial penalty imposed under subsection (1) has not been paid and no
satisfactory arrangements for the payment thereof have been made, the High Court
may order that the ship be forfeited to the Crown.

(5) The High Court may impose a financial penalty under subsection (1)
whether or not

(a)the first of the occasions was before the coming into operation of this
Part; or

(b)any person is convicted of an offence in respect of the excessive quantity
of a dangerous drug; or

(c) the master or owner knew of the carriage.





(6) The High Court shall not impose a financial penalty under subsection (1)
where it is proved, in respect of the second of the occasions, that the master and
the owner for the time being had each taken all reasonable and practicable steps to
prevent the ship from being used to carry a dangerous drug.

Certificate as to finding of dangerous drugs etc.

38G. A certificate purporting to be signed by the Commissioner of Customs
and Excise and certifying

(a) the finding of a dangerous drug on any ship;

(b) the date of the finding;

(c) the amount and type of the drug;

(d) the name or other details of identification of the ship; or

(e) any of the above,

shall be admissible in evidence in any proceedings under this Part before any court
on its production without further proof and, until the contrary is proved, the court
shall presume

(i)that the document is signed by the Commissioner of Customs and Excise;
and

(ii) that the facts certified therein are true.

(Amended, 40 of 1985, s. 9)

Right of appeal

38H. (1) Where an order has been made under section 38F, the owner of the
ship in respect of which the order was made may appeal to the Court of Appeal
within 21 days of the making of the order.

(2) The appeal may be-

(a) on any ground which involves a question of law alone; and

(b)with the leave of the Court of Appeal, on any ground which involves a
question of fact alone, or a question of mixed law and fact, or on any other
ground which appears to the Court of Appeal to be a sufficient ground of
appeal,

but if the judge who made the order under section 38F grants a certificate that the
case is fit for appeal on a ground which involves a question of fact, or a question of
mixed law and fact, an appeal lies under this section without the leave of the Court
of Appeal.

Grounds for allowing appeal

381. The Court of Appeal shall allow an appeal against an order made under
section 38F if it thinks that the order should be set aside on the ground of a wrong
decision on any question of law or of fact or of mixed law and fact: (Amended, L.N.
345182)





Provided that the Court of Appeal may, notwithstanding that it is of opinion
that the point raised in the appeal might be decided in favour of the appellant,
dismiss the appeal if it considers that no miscarriage of justice has actually occurred.

Procedure on appeal

38J. Subject to sections 38H and 381, the procedure on an appeal shall with all
necessary modifications be that applicable to an appeal against conviction for an
offence on indictment under section 82 of the Criminal Procedure Ordinance (Cap.
221), and an appeal against sentence under section 83G of the Criminal Procedure
Ordinance.

Amendment of Fifth Schedule

38K. (1) The Governor in Council may by order amend the Fifth Schedule.

(2) Any question as to what constitutes an excessive quantity of dangerous
drugs shall be determined by reference to the quantity specified in the Fifth
Schedule at the time of the finding and, in the case of a finding before the date on
which this Part came into operation, to the quantity so specified on that date. (PART
VA added, 48 of 1982, s. 2; effective from 15.1.83)

PART VI

CONSPIRACY TO COMMIT OFFENCE UNDER
ORDINANCE,
FALSE STATEMENTS, AIDING, ETC. OFFENCE UNDER
CORRESPONDING LAW, JOINT TRIAL IN CERTAIN
CASES AND CONVICTION OF OTHER OFFENCES

Conspiracy

39. Any person convicted of conspiracy to commit an offence under this
Ordinance shall be liable to the penalty prescribed for that offence and any special
rules of evidence which apply with respect to the proof of that offence under this
Ordinance shall apply in like manner to the proof of conspiracy to commit such
offence.

False statements, and aiding, abetting, etc. offence under
corresponding law

40. (1) Any person who-

(a)for the purpose of obtaining, whether for himself or for any other person,
the issue or renewal of a licence or certificate under this Ordinance, makes
any declaration or statement which is false in a material particular;

(b)knowingly utters, produces or makes use of any such declaration or
statement or a document containing any such declaration or statement; or





(c)aids, abets, counsels or procures the commission in a place outside
Hong Kong of an offence punishable under a corresponding law in
force in that place, or does an act preparatory to, or in furtherance of,
an act which if committed in Hong Kong would constitute an offence
under section 4 or 6,

shall be guilty of an offence.

(2) Any person who is guilty of an offence under subsection (1)(a) or (b)
shall be liable on conviction to a fine of $10,000 and to imprisonment for
3 years.

(3) Any person who is guilty of an offence under subsection (1)(c) shall be
liable-

(a)on conviction on indictment, to a fine of $100,000 and to imprison-
ment for 15 years; and
(b)on summary conviction, to a fine of $10,000 and to imprisonment for
3 years.
[cf. U.K. 1965 c. 15, s. 13]

Joint trial of offences in certain cases

41. Notwithstanding anything in the Magistrates Ordinance (Cap. 227) or
any other law, where it is alleged that 2 or more persons have committed distinct
offences under section 4, 8, 35 or 36 in the same place and at about the same
time, the charges for such offence against such persons may be tried together.

Conviction of offence other than that charged

42. (1) If on the trial of a charge for an offence specified in the second
column of the Third Schedule the defendant is acquitted, but it is proved that
the defendant is guilty of any offence specified opposite thereto in the third
column of that Schedule or of being a party to any such offence, he shall be
convicted of such offence or of being a party to any such offence and shall be
liable to be punished accordingly.

(2) The references in the Third Schedule to numbered sections and
subsections shall be construed to include every offence under the section or
subsection so numbered in this Ordinance.

(3) Nothing in this section shall exclude the application to any offence of
any other law authorizing a person to be found guilty of an offence other than
that with which he is charged.

PART VII

EVIDENCE

Certificate of corresponding law

43. A document purporting to be issued by or on behalf of the govern-
ment of a country and purporting to state the terms of a corresponding law in
force in that country shall be admitted in evidence, in proceedings for an offence
under this Ordinance before any court, on its production by the prosecution
without further proof, and such document shall be conclusive evidence-





(a) that it is issued by or on behalf of the government of that country;

(b) that the terms of such law are as stated in the document; and

(c)that any facts stated in the document to constitute an offence under such
law do constitute such offence.

44. [Repeated, 31 of 1969, s. 71

Presumption concerning manufacture of dangerous drug

45. (1) Where it is proved that a person was found in, or escaping from, any
premises, or the part of any premises, in which

(a) a dangerous drug was being manufactured; or

(b)equipment or material which is referable to the manufacture of a
dangerous drug was found,

such person shall, until the contrary is proved, be presumed to have been
manufacturing or doing an act preparatory to the manufacture of the dangerous
drug.

(2) Any person who is proved or presumed to have been manufacturing or
doing an act preparatory to the manufacture of a dangerous drug shall, until the
contrary is proved, be presumed to have known the nature of such drug. (Added, 7
of 1984, s. 4)

Presumption concerning possession of dangerous drug
for purpose of trafficking therein

46. Any person who is proved or presumed to have had in his possession
more than

(a) 10 containers of opium;

(b) 1 mace (3.78 grams) of opium (other than opium water);

(c)5 packets containing any of the following substances either alone or
contained in a preparation, mixture, extract or other material

(i) morphine or a salt of morphine (except when present to the extent of
less than one-fifth of one per cent);

(ii) diacetylmorphine;

(iii) a salt of diacetylmorphine;

(iv) an ester of morphine;

(v) a salt of an ester of morphine;

(d)one half gram of any of the following substances, either alone or
contained in a preparation, mixture, extract or other material

(i) morphine;

(ii) diacetylmorphine;

(iii) a salt of morphine or diacetylmorphine;

(iv) an ester of morphine;

(v) a salt of an ester of morphine;





(e)two and one half grams of a preparation, mixture, extract or other material
containing not less than one-fifth of one per cent of morphine or a salt of
morphine or any proportion of diacetylmorphine or an ester of morphine or
a salt of an ester of morphine;

5 grams of barbitone or a salt of barbitone or of a preparation, mixture,
extract or other material containing any proportion of barbitone or a salt of
barbitone; (Amended, 24 of 1987, s. 2)

(g) 5 grams of cannabis; (Amended, 46 of 1978, s. 5)

(ga) one half gram of tetrahydrocannabinol either alone or contained in a
preparation, mixture, extract or other material; (Added, 46 of 1978, s.5)

(h)10 tablets or capsules containing any proportion of any dangerous drug;

(i)5 grams of cocaine or a salt of cocaine or of a preparation, mixture, extract
or other material containing any proportion of cocaine or a salt of cocaine;
(Added, 24 of 1987, s. 2)

(j) 0.2 gram of-

(i) alpha-methylphenethylamine;

(ii) its optical isomers;

(iii) any synthetic compound structurally derived from any of those
substances by substitution at the nitrogen atom;

(iv) any salt of any substance falling within this paragraph; or

(v) any preparation, mixture, extract or other substance containing any
proportion of a substance specified in this paragraph; (Added, 24 of 1987,
s. 2)

(k)two and one half grams of methaqualone or its derivatives, or of a
preparation, mixture, extract or other material containing any proportion of
methaqualone or its derivatives; (Added, 24 of 1987, s. 2)

(1)2 grams of quinalbarbitone or a salt of quinalbarbitone or of a preparation,
mixture, extract or other material containing any proportion of
quinalbarbitone or a salt of quinalbarbitone, (Added, 24 of 1987, s. 2)

shall, until the contrary is proved, be presumed to have had such dangerous drug in
his possession for the purposes of trafficking therein.

(Replaced, 46 of 1971, s. 7)

Presumption of possession and knowledge of dangerous drug

47. (1) Any person who is proved to have had in his possession or custody or
under his control

(a) anything whatsoever containing a dangerous drug;

(b) the keys of anything whatsoever containing a dangerous drug;

(c)any place or premises or the part of any place or premises in which a
dangerous drug is found;

(d)the keys of any place or premises or part of any place or premises in which
a dangerous drug is found,

shall, until the contrary is proved, be presumed to have had such drug in his
possession.











(2) Any person who is proved to have had in his possession or under his
control or subject to his order

(a)a document of title to goods as defined in section 2 of the Sale of Goods
Ordinance (Cap. 26); or

(b)any of the following documents, whether or not they are documents of title
to goods as defined in section 2 of the Sale of Goods Ordinance, namely, a
dock warrant, a godown warrant or receipt, a warehouse keeper's certificate,
warrant or order for the delivery of goods or a baggage receipt or a
document or thing intended to serve the purpose of a baggage receipt,

relating to any thing containing a dangerous drug shall, until the contrary is proved,
be presumed to have had such drug in his possession.

(3) Any person who is proved or presumed to have had a dangerous drug in
his possession shall, until the contrary is proved, be presumed to have known the
nature of such drug.

(4) The presumptions provided for in this section shall not be rebutted by
proof that the defendant never had physical possession of the dangerous drug.

(Replaced, 46 of 1971, s. 8)

Presumption concerning divans

48. (1) Whenever a pipe, or an article of equipment or apparatus, fit for the
smoking, inhalation, ingestion or injection of a dangerous drug is found in any
place or premises, it shall be presumed, until the contrary is proved, that such place
or premises is a divan. (Amended, 46 of 1971, s. 9)

(2) Any person found in or escaping from a divan shall, until the contrary is
proved, be presumed

(a)to have been smoking, inhaling, ingesting or injecting a dangerous drug
therein; and

(b) to have known the nature of such drug. (Replaced, 24 of 1987, s. 3)

49. [Repealed, 5 of 1971, s. 13]

PART VIIA

CONFIDENTIALITY OF RECORDS

Interpretation

49A. In this Part, unless the context otherwise requires

'Commissioner' means the Commissioner for Narcotics;

'confidential information' means information which is recorded by the Registry or a
reporting agency in respect of any person and which relates to any one or
more of the following

(a) the use, or alleged use, by that person of a dangerous drug;

(b) the conviction of that person for an offence under this Ordinance;





(c)the care, treatment or rehabilitation of that person by reason of his use of
a dangerous drug;

'drug abuser' means a person who is the subject of any confidential information;

,,employee'

(a) in relation to the Registry, means any public officer employed in-

(i) the Narcotics Division of the Security Branch of the Government; or

(ii) the Government Data Processing Agency of the Administrative
Services and Information Branch of the Government; and

(b)in relation to a reporting agency, means any person employed in the
agency, whether full-time or part-time and whether paid or unpaid, in

(i) the care, treatment or rehabilitation of persons who use, or have
used, dangerous drugs;

(ii) the preparation, maintenance or analysis of records of confidential
information,

and also means any person who is being trained by the agency in any
such matter;

'Registry' means the Central Registry of Drug Abuse referred to in section 4913;

'reporting agency' means any body or organization specified in the Fourth
Schedule;

'reporting agency director'

01

(a) in relation to the P Medical and 1 Health Health Department of the G Government means the
Director of Medical 4 and Health Services and any person to r

whom he has delegated the supervision of any records of confidential
information which are kept by that Department;

(b)in relation to the Social Welfare Department of the Government, means the
Director of Social Welfare and any person to whom he has delegated the
supervision of any records of confidential information which are kept by
that Department; and

(c)in relation to any other reporting agency, means the person who is for the
time being in charge of the administration of that agency and any person
to whom he has delegated the supervision of any records of confidential
information which are kept by that agency.

Central Registry of Drug Abuse

49B. (1) There shall be a Central Registry of Drug Abuse, the purposes of
which shall include

(a)the collection, collating and analysis of confidential information supplied
by reporting agencies and of information on drug abuse and its treatment
supplied by other sources; and





(b)the publication of statistical information on drug abuse and on various
forms of treatment of drug abuse.

(2) The Central Registry of Drug Addicts existing at the commencement of the
Dangerous Drugs (Amendment) Ordinance 1981 (65 of 1981) and maintained by the
Narcotics Division of the Security Branch of the Government shall be the Central
Registry of Drug Abuse for the purposes of subsection (1).

Immunity of records from search and from production in
court

49C. (1) No search warrant shall be issued, or if issued be executed, in respect
of any record of confidential information which is kept by the Registry or by a
reporting agency.

(2) Save as provided in this Part, no power, or right, of search conferred by any
law shall authorize the search of records of confidential information which are kept
by the Registry or by a reporting agency.

(3) No process shall lie in any proceedings to compel production of any record
of confidential information which is kept by the Registry or by a reporting agency,
and no such record, nor any information obtained therefrom, shall be admissible in
evidence, save

(a) in proceedings for an offence under this Part; or

(b)where the record is the subject of an order of the Attorney General which
is in force under section 49G,

but nothing in this subsection shall render admissible anything which is otherwise
inadmissible.

Prohibition against disclosure of records

49D. (1) Subject to subsection (2), any person who

(a)discloses any record of confidential information which is kept by the
Registry or a reporting agency, or supplies to any person information
obtained from any such record; or

(b) permits access to any such record,

commits an offence and is liable to a fine of $5,000 and to imprisonment for 6
months.

(2) Subsection (1) shall not apply where the disclosure is made, or access is
permitted

(a) in accordance with an authorization given under section 49E;

(b) in accordance with an authorization given under section 49F:

(c)in accordance with an order of the Attorney General made under section
49G;

(d)to the Commissioner or a reporting agency director, or to an employee of
the Registry or of a reporting agency, for the purpose of treating a drug
abuser for his drug addiction or of assisting him in his rehabilitation;





(e)to a medical practitioner for the purpose of providing medical treatment
for any person, or to a coroner or a medical practitioner for the purpose of
inquiring into the cause of death of a drug abuser;

in proceedings for an offence under this Part.

Disclosure of information for research purposes

49E. (1) Where the Commissioner is satisfied, upon an application being made
to him in writing, that disclosure of confidential information which is recorded by
the Registry

(a) is sought by the applicant in the interests of bona fide research; and

(b)can be made in a manner that does not disclose the identity of any drug
abuser,

he may if he thinks fit authorize any employee of the Registry to disclose to the
applicant confidential information in that manner.

(2) Where a reporting agency director is satisfied, upon an application being
made to him in writing, that disclosure of confidential information which is recorded
by the reporting agency of which he is director--

(a) is sought by the applicant in the interests of bona fide research; and

(b)can be made in a manner that does not disclose the identity of any drug
abuser,

he may if he thinks fit authorize any employee of the reporting agency to disclose to
the applicant confidential information in that manner.

(3) An authorization issued under subsection (1) or (2)-

(a) shall be in writing;

(b)shall identify the information, or the nature of the information, to which it
applies;

(c)shall state the manner in which the authorized disclosure is to be made so
as to prevent the identity of any drug abuser from being disclosed;

(d) may be revoked at any time.

Access to records with consent of addict

49F. (1) Where a drug abuser gives his consent for confidential information
which concerns him to be disclosed to a person, or for a purpose, specified in such
consent

(a)the Commissioner may, if he thinks fit, authorize such disclosure from the
records of the Registry; and

(b)a reporting agency director may, if he thinks fit, authorize such disclosure
from the records of his reporting agency.

(2) An authorization given under subsection (1) shall be in writing and shall
state

(a)whether the disclosure is to be made from the records of the Registry or
of a reporting agency, and, in the latter case. the name of that agency;





(b) where the disclosure is to be made-
(i) from the Registry, that the authorization is given by the
Commissioner;
(ii) by a reporting agency, the name of the reporting agency
director who gives the authorization;

(e) the name of the person to whom the disclosure is to be made;

(d) the extent of the confidential information which may be disclosed;

(e) the purpose of the disclosure; and

that the authorization may be revoked at any time, and the circum-
stances in which, or date when, it will expire if not revoked.

(3) An authorization given by the Commissioner or any reporting agency
director under subsection (1) may be revoked at any time.

(4) A drug abuser's consent for the purposes of subsection (1) shall be in
writing and-

(a) be given-
(i) in the case of a drug abuser who is unmarried and under the age
of 19 years, both by him and by a parent or other person standing in
loco parentis to him;
(ii) in the case of a drug abuser who is by reason of mental
disability unable to give the consent himself, by a person having lawful
authority over his affairs;

(b)be read over to the person giving consent by or in the presence of the
person who authorizes disclosure under subsection (1); and

(c) bear the signature, fingerprint or mark of the person giving consent.

Access to records by order of Attorney General

49G. (1) Where in connection with the investigation or prosecution of a
crime the Attorney General is of the opinion that, because of the gravity of the
crime or for any other reason, the public interest requires that any confidential
information should be disclosed he may, after considering any representations
which may be made by-

(a) the Commissioner; and

(b)the reporting agency director of the reporting agency (if any) which
supplied the confidential information to the Registry or from whose
records the disclosure is to be made,

make an order in accordance with this section.

(2) The power conferred upon the Attorney General by subsection (1)
shall be exercised by the Attorney General personally.

(3) An order under subsection (1) shall be in writing and may direct-

(a)the Commissioner and any reporting agency director who has been
given the opportunity to make representations to the Attorney
General under subsection (1); and





(b)any employee of the Registry or, as the case may be, of a reporting
agency,

to disclose in such manner, to such person, and at such time and place as the order
specifies, such records as are specified in the order.

(4) An order under subsection (1) shall be served personally on every person
who is directed by it to disclose any record.

(5) Any person who fails without reasonable excuse to comply with an order
under subsection (1) commits an offence and is liable to a fine of $5,000 and to
imprisonment for 6 months.

Consent of Attorney General required for prosecution

49H. No prosecution for an offence under this Part shall be instituted except
with the consent of the Attorney General.

Amendment of Fourth Schedule

491. The Secretary for Security may by order published in the Gazette amend
the Fourth Schedule.

(Part VIIA added, 65 of 1981, s. 2)

PART VIII

MISCELLANEOUS

Amendment of First, Second and Third Schedules

50. The Governor may by order published in the Gazette amend the First,
Second and Third Schedules.

(Replaced, 65 of 1981, s. 3)

Regulations

51. (1) The Governor in Council may make regulations for all or any of the
following matters

(a)the keeping of registers and other records by persons authorized by or
licensed under this Ordinance to manufacture, procure, supply or possess
dangerous drugs, and the furnishing of information by such persons;

(b)the preservation of such registers and records and of other documents
kept, issued or made pursuant to or for the purposes of this Ordinance;

(c) requirements with respect to prescriptions;

(d) the marking of packages and bottles containing dangerous drugs;

(e) the period for which a licence issued under section 18 is valid;

(f) the fees payable on the issue of a licence under section 18;

(g)the form of any document, other than a licence or certificate, required by,
under or for the purposes of this Ordinance.





(2) Regulations made under this section may provide that a contravention of
specified provisions thereof shall be an offence and may provide penalties therefor
not exceeding a fine of $50,000 and imprisonment for 3 years.

Powers of authorized officers

52. (1) For the purposes of this Ordinance, any police officer and any member
of the Customs and Excise Service may

(a)stop, board and search any ship, aircraft, vehicle or train which has
arrived in Hong Kong (not being a ship of war or a military aircraft), and
remain thereon as long as it remains in Hong Kong;

(b)search any person arriving in Hong Kong or about to depart from Hong
Kong;

(c) search any thing imported into or to be exported from Hong Kong;

(d)stop, board and search any ship, aircraft, vehicle or train if he has reason
to suspect that there is therein an article liable to seizure;

(e)enter and search any place or premises if he has reason to suspect that
there is therein an article liable to seizure; or

stop and search any person, and search the property of any person, if

(i) he has reason to suspect that such person has in his actual custody
an article liable to seizure; or

(ii) such person is found in any ship, aircraft, vehicle, train, place or
premises in which an article liable to seizure is found.

(IA) For the purposes of enabling a person to be searched under subsection
(1)(f)(i), a police officer of or above the rank of inspector or a member of the Customs
and Excise Service of or above the rank of inspector may request a registered
medical practitioner or nurse registered or enrolled or deemed to be registered or
enrolled under the Nurses Registration Ordinance (Cap. 164), to examine the body
cavities of that person. (Added, 40 of 1982, s. 3)

(IB) A medical practitioner or nurse requested to examine the body cavities of a
person under subsection (IA) may search the rectum, vagina, ears and any other
body cavity of that person. (Added, 40 of 1982, s. 3)

(1C) A medical practitioner or nurse carrying out an examination of a person at
the request, under subsection (IA), of a police officer or member of the Customs and
Excise Service who appears to be lawfully engaged in the performance of his duty
shall not be bound to inquire whether or not the police officer or member is acting
lawfully or within the scope of his duty. (Added, 40 of 1982, s. 3)

(1D) A police officer or member of the Customs and Excise Service may detain a
person in respect of whom a request is to be or has been made to a medical
practitioner or nurse under subsection (IA) for such time as may reasonably be
necessary to permit a medical practitioner or nurse to complete an examination of the
body cavities of that person under this section. (Added, 40 of 1982, s. 3)





(2) For the purpose of enabling a ship or aircraft to be searched under
subsection (1)--

(a)the Commissioner of Customs and Excise or the Commissioner of
Police may by order in writing under his hand detain a ship for not
more than 12 hours or an aircraft for not more than 6 hours;
and (Amended, 40 of 1985, s. 9)

(b)the Chief Secretary may, by order in writing under his hand, detain a
ship or aircraft for further periods of not more than 12 hours in the
case of a ship or not more than 6 hours in the case of an aircraft.

Any order made under this subsection shall state the times from which and
for which the order is effective.

(3) Any public officer may seize, remove and detain any thing if he has
reason to suspect that such thing is an article liable to seizure.

(4) Any public officer authorized in writing by the Director may uproot,
seize, remove and destroy any plant of the genus cannabis or the opium poppy.

(5) For the purposes of this Ordinance, any public officer authorized in
writing by the Director may-

(a) enter, inspect and search any place or premises occupied by-
(i) a person authorized by virtue of section 22(1)(a), (b) or (c) or by
virtue of section 24(1);
(ii) a person whose authorization as aforesaid has been withdrawn
under section 33 and the withdrawal suspended;
(iii) a person by whom any such person as aforesaid is employed;
or
(iv) a person to whom a licence has been issued under this
Ordinance;

(b)require the production of, and inspect, any register, record, book,
prescription or other document kept or made pursuant to the require-
ments, or for the purposes, of this Ordinance or any other document
relating to dealings in a dangerous drug by or on behalf of any such
person as aforesaid; and

(c)inspect any stocks of a dangerous drug in the possession of any such
person as aforesaid.

(6) For the purposes of this Ordinance, any public officer authorized in
writing by the Director may-

(a)enter, inspect and search a hospital or institution specified in the
Second Schedule or any place or premises occupied for the purposes of
any such hospital or institution;

(b)require the production of, and inspect, any register, record, book,
prescription or other document kept or made in any such hospital or
institution pursuant to the requirements, or for the purposes, of this
Ordinance or any other document relating to dealings in a dangerous
drug for the purposes of such hospital or institution; and

(c)inspect any stocks of a dangerous drug in any such hospital or
institution or in any such place or premises.





(7) An authorization given by the Director under this section may be
given to a police officer, member of the Customs and Excise Service or public
officer by name or may be given to any police officer, member of the Customs
and Excise Service or other public officer for the time being holding such rank
or public office as the Director may specify, and may extend to all the powers
specified in subsection (2), (4) or (5), as the case may be, or to such of those
powers as the Director may specify.

(8) Any public officer may-
(a)break open any outer or inner door of or in any place or premises
which he is empowered by this section to enter and search;

(b)forcibly board any ship, aircraft, vehicle or train which he is
empowered by this section to board and search;

(e)remove by force any person or thing who or which obstructs any
entry, search, inspection, seizure, removal or detention which he is
empowered by this section to make;

(d)detain every person found in any place or premises which he is
empowered by this section to search until the same has been searched;
and

(e)detain every person on board any ship, aircraft, vehicle or train which
he is empowered by this section to search, and prevent any person
from approaching or boarding such ship, aircraft, vehicle or train,
until it has been searched.

(9)(a)(i) An examination of the body cavities of a person under this
section shall, unless that person otherwise consents, be carried out by
a medical practitioner or nurse of the same sex as that person.
(ii) Where a female has consented, under sub-paragraph (i), to an
examination of her body cavities by a medical practitioner or nurse of
the opposite sex, such examination shall be in the presence of another
female.

(b)Subject to paragraph (a), no female shall be searched under this
section except by a female.

(e)No person shall be searched under this section in a public place if he
objects to being so searched. (Replaced, 40 of 1982, s. 3)

(10) In this section-

,,article liable to seizure- means-

(a) any dangerous drug referred to in section 55;

(b) any money or thing liable to forfeiture under this Ordinance;

(c)any thing which is or contains evidence of an offence under this
Ordinance or a corresponding law;

'Commissioner of Customs and Excise' includes a Deputy Commissioner of
Customs and Excise and an Assistant Commissioner of Customs and
Excise; (Added, 40 of 1985, s. 9)

'Commissioner of Police' includes a deputy or assistant commissioner of
police.





Failure to comply with requirement under section 52 and
obstruction of authorized officer

53. Any person who-

(a)fails to comply with a requirement of a public officer under section
52(5)(b) or (6)(b); or

(b)obstructs a public officer in the exercise of any power conferred on him by
section 52,

shall be guilty of an offence and shall be liable on conviction to a fine of $1,000 and
to imprisonment for 6 months.

Surrender of travel document

53A. (1) A magistrate may, on the application of the Commissioner of Police or
the Commissioner of Customs and Excise, by written notice require a person who is
the subject of an investigation in respect of a specified offence alleged or suspected
to have been committed by him to surrender to the Commissioner of Police or
Commissioner of Customs and Excise any travel document in his possession.
(Amended, 40 of 1985, s. 9)

(2) The matter of an application under subsection (1) shall be substantiated by
the oath of the applicant.

(3) A notice under subsection (1) shall be served personally on the person to
whom it is addressed.

(4) A person on whom a notice under subsection (1) is served shall comply
with such notice forthwith.

(5) If a person on whom a notice under subsection (1) has been served fails to
comply with the notice forthwith, he may thereupon be arrested and taken before a
magistrate.

(6) Where a person is taken before a magistrate under subsection (5), the
magistrate shall, unless such person thereupon complies with the notice under
subsection (1) or satisfies the magistrate that he does not possess a travel
document, by warrant commit him to prison there to be safely kept

(a)until the expiry of the period of 28 days from the date of his committal to
prison as aforesaid; or

(b)until such person complies with the notice under subsection (1) and a
magistrate, by order in that behalf, orders and directs the Commissioner of
Correctional Services to discharge such person from prison (which order
shall be sufficient warrant for the Commissioner of Correctional Services
so to do), (Amended, L.N. 30182)

whichever occurs first.

(7) Upon the surrender of a travel document under this section, the
Commissioner of Police or the Commissioner of Customs and Excise, as the case may
be, shall issue a receipt identifying the travel document. (Amended, 40 of 1985, s. 9)





(8) A travel document which is surrendered to the Commissioner of
Police or the Commissioner of Customs and Excise under this section may be
detained for 3 months from the date on which it was surrendered and may be
detained for not more than 2 further periods of 3 months if a magistrate, on
application by the Commissioner of Police or the Commissioner of Customs
and Excise, is satisfied that the investigation could not reasonably have been
completed before the date of such application and authorizes such further
detention. (Amended, 40 of 1985, s. 9)

(9) All proceedings before a magistrate under this section shall be
conducted in chambers.

(10) In this section-

'Commissioner of Customs and Excise' includes a Deputy Commissioner of
Customs and Excise and an Assistant Commissioner of Customs and
Excise; (Added, 40 of 1985, s. 9)

'Commissioner of Police' includes a deputy or assistant commissioner of
police;

'specified offence' means any offence punishable under any section of this
Ordinance, on conviction on indictment, with imprisonment for a term of
15 years or any greater punishment, and aiding, abetting, counselling or
procuring the commission by another of any such offence;

'travel document' means a passport or other document issued for the purpose
of travel which establishes the identity or nationality of the holder.
(Added, 60 of 1977, s. 2)

Application for return of travel document

53B. (1) A person who has surrendered his travel document in accord-
ance with section 53A may at any time make written application to the
Commissioner of Police or the Commissioner of Customs and Excise, as the
case may be, for its return and every such application shall contain a statement
of the grounds on which it is made. (Amended, 40 of 1985, s. 9)

(2) Before determining an application under subsection (1), the Commis-
sioner of Police or the Commissioner of Customs and Excise may require that
any matter of fact relied on in the application shall be substantiated by statutory
declaration. (Amended, 40 of 1985, s. 9)

(3) Any person aggrieved by the refusal of an application under subsec-
tion (1) may, within 14 days of being informed of such refusal, appeal to a
magistrate against that refusal and the magistrate may, upon considering the
grounds of the application and any evidence which may be adduced in relation
thereto by or on behalf of either party, order that the travel document be
returned.

(4) The decision of a magistrate in relation to an appeal under this section
shall be final.
(Added, 60 of 1977, s. 2)





Chemical tests and handwriting

54. (1) Any police officer not below the rank of inspector or any member of the
Customs and Excise Service not below the rank of inspector may require any person
whom he reasonably suspects to be guilty of an offence under this Ordinance-
(Amended, 13 of 1973, s. 2)

(a)to have his finger nails pared and his hands washed in water for the
purpose of analysis of such finger nails and water; or

(b) to give a specimen of his handwriting for the purpose of comparison.

(2) Any person who fails to comply with a requirement under subsection (1)
shall be guilty of an offence and shall be liable on conviction to a fine of $1,000.

Court to consider report of the Commissioner of
Correctional Services in the case of certain drug offences

54A. (1) Subject to subsection (IA), no sentence, other than a noncustodial
sentence, shall be imposed on a person for an offence against section 8 or 36 unless
the court has first considered a report of the Commissioner of Correctional Services
on the suitability of such person for cure and rehabilitation and on the availability of
places at addiction treatment centres (as defined in the Drug Addiction Treatment
Centres Ordinance (Cap. 244)). (Amended, L.N. 30182 and 24 of 1987, s. 4)

(IA) Subsection (1) shall not apply where a person is convicted of an offence
against section 8 or 36 or of offences against both those sections and that person

(a)is convicted in the same proceedings of any other offence and is
sentenced for that other offence to imprisonment for more than 9 months;
or

(b)is at the time of conviction serving a term of imprisonment of more than 9
months,

but, in such a case, the court may if it thinks fit consider a report specified in
subsection (1) before sentencing that person for the offence against section 8 or 36.
(Added, 24 of 1987, s. 4)

(IB) Where a court is required or has decided to consider a report under this
section before sentencing a person but has not received such a report, it shall
remand that person in the custody of the Commissioner of Correctional Services for
such period, not exceeding 3 weeks, as the court thinks necessary to enable such a
report to be made. (Added, 24 of 1987, s. 4)

(2) The Commissioner of Correctional Services shall, in his report under this
section, inform the court whether or not a detention order under the Drug Addiction
Treatment Centres Ordinance has previously been made in respect of the person to
whom the report relates. (Amended, L.N. 30182 and 24 of 1987, s.4)

(3) Section 4(3) of the Drug Addiction Treatment Centres Ordinance shall not
apply where a report is obtained under this section.





(4) In this section 'non-custodial sentence' means one or more of the
following sentences

(a) a fine;

(b)a probation order under section 3 of the Probation of Offenders Ordinance
(Cap. 298);

(e)a suspended sentence of imprisonment under section 109B of the Criminal
Procedure Ordinance (Cap. 221).

(Added, 67 of 1979, s. 4)

Dangerous drugs forfeited by law

55. Any dangerous drug in respect of which an offence under this Ordinance is
being or has been committed, and any dangerous drug in transit

(a)which was accompanied, when it was brought into Hong Kong, by a false
export authorization or diversion certificate or by an export authorization
or diversion certificate which was obtained by fraud or by the wilful
misrepresentation or omission of a material particular; or

(b)which, not being accompanied by an export authorization or diversion
certificate when it was brought into Hong Kong, was being conveyed for
an unlawful purpose or was in transit for the purpose of being imported
into another country in contravention of the laws of that country,

shall, with effect from the seizure thereof under section 52, be forfeited to the
Crown.

Forfeiture of articles, etc., used in connection with offence

56. (1) A court may (whether or not any person has been convicted of such
offence) order to be forfeited to the Crown

(a)any money or thing (other than premises, a ship exceeding 250 gross tons,
an aircraft or a train) which has been used in the commission of or in
connection with an offence under this Ordinance; and

(b)any money or other property received or possessed by any person as the
result or product of an offence under this Ordinance.

(2) An order under subsection (1) for the forfeiture of a thing may include a
term permitting a specified person or persons to redeem such thing on such
conditions, including conditions as to the payment of the value or a proportion of
the value thereof to the Crown, as the court may think fit.

(3) The court may require that notice of an application for forfeiture under
subsection (1) shall be given in such manner as it thinks fit.

(4) The Governor in Council may, in his absolute discretion and after any
proceedings under this Ordinance are concluded, entertain and give effect to any
moral claim to or in respect of any money, thing or other property which has been
forfeited to the Crown.





Protection of informers

57. (1) Save as provided in subsection (2)-

(a)no information for an offence under this Ordinance shall be admitted in
evidence in any civil or criminal proceeding; and

(b) no witness in any civil or criminal proceeding shall be obliged-

(i) to disclose the name or address of any informer who has given
information to the police with respect to an offence under this Ordinance
or of any person who has assisted the police in any way with respect to
such an offence; or

(ii) to answer any question if the answer thereto would lead, or would
tend to lead, to discovery of the name or address of such informer or
person,

if, in either case, such informer or person is not himself a witness in such
proceeding,

and, if any books, documents or papers which are in evidence or liable to inspection
in any civil or criminal proceeding contain an entry in which any such informer or
person is named or described or which might lead to his discovery, the court shall
cause all such passages to be concealed from view or to be obliterated so far as may
be necessary to protect the informer or such person from discovery.

(2) If in any proceeding before a court for an offence under this Ordinance the
court, after full inquiry into the case, is satisfied that an informer wilfully made a
material statement which he knew or believed to be false or did not believe to be
true, or if in any other proceeding a court is of opinion that justice cannot be fully
done between the parties thereto without disclosure of the name of an informer or a
person who has assisted the police, the court may permit inquiry and require full
disclosure concerning the informer or such person.

Power of Governor to give directions

58. (1) The Governor may give to any public officer, other than ajudge, a
District Judge or a magistrate, such directions as he thinks fit with respect to the
exercise or performance of his powers, functions or duties under this Ordinance,
either generally or in any particular case.

(2) A public officer shall, in the exercise or performance of his powers,
functions or duties under this Ordinance, comply with any directions given by the
Governor under subsection (1).

FIRST SCHEDULE

PART I

Dangerous drugs

1. The following substances, namely-

Acetyldihydrocodeine Alphamethadol
Allylprodine Alphaprodine
Alphacetylmethadol Anileridine
Alphameprodine Barbitone





Benzethidine Levorphanol
BenzyImorphine Lysergide
(3-benzyImorphine) Metazoeine
BetacetyImethadol Methadone
Betameprodine Methadyl acetate
Betamethadol Methaqualone and its derivatives
Betaprodine MethyIdesorphine
Bezitramide MethyIdihydromorphine
Cannabinol and its tetrahydro (6-methyldihydromorphine)
derivatives; their 3-alkyl Metopon
homologues Morpheridine
Clonitazene Morphine
Cocaine Morphine Methobromide,
Codeine morphine-N-oxide and other
Codoxime pentavalent nitrogen morphine
Desomorphine derivatives
Dextromoramide Myrophine
Dextropropoxyphene Nicocodine
Diacetyimorphine Nicomorphine (3, 6-dinicotinoyl-
Diampromide (N-[2-(N- morphine)
methylphenethylamine) propyl] Noracymethadol
propionanilide) Norcodeine
Diethylthiambutene Norlevorphanol
Difenoxin Normethadone
Dihydrocodeine Normorphine
Dihydromorphine Norpipanone
Dimenoxadole Oxycodone
Dimepheptanol Oxymorphone
Dimethylthiambutene Pethidine
Dioxaphetyl butyrate Phenadoxone
Dipipanone Phenampromide
Drotebanol Phenazoeine
Ecgonine Phencyclidine and its derivatives
EthyImethylthiambutene Phenomorphan
EthyImorphine Phenoperidine
(3-ethyimorphine) Pholcodine
Etonitazene Piminodine
Etorphine Piritramide
Etoxeridine Proheptazine
Fentanyl and its derivatives Properidine (1-methyl-4-phenyl-
Furethidine piperidine-4-carboxylic acid
Hydrocodone (dihydro- isopropyl ester)
codeinone) Propiram
Hydromorphinol Quinalbarbitone
Hydromorphone Racemethorphan
Hydroxypethidine Racemoramide
Isomethadone Racemorphan
Ketobemidone Thebacon
Levomethorphan Thebaine
Levomoramide >Tilidate
LevophenacyImorphan Trimeperidine

4-Cyano-2-dimethylanlino-4, 4-diphenylbutane

4-Cyano-1-methyl-4-phenylpiperidine

I-Methyl-4-phenylpiperidine-4-carboxylic acid

2-Methyl-3-morpholine-1, I-diphenyl-propanocarboxylic acid

4-Phenylpiperidine-4-carboxylic acid ethyl ester (Amended, 46 of 1971, s. 10; L.N. 22177;
L.N. 32117.46 of 1978, s. 6; L.N. 300179; L.N. 324180; L.N. 185183; L.N. 81185)

2.Any ester (other than one expressly mentioned in paragraph 1 above) or ether (other than
one so mentioned) of a substance for the time being specified in that paragraph.







3. Any salt of a substance for the time being specified in paragraph 1 or 2 above.

4. Any derivative of ecgonine which is convertible to ecgonine or to cocaine.

5.Concentrate of poppy straw (that is to say, the material arising when poppy straw has
entered into a process for the concentration of its alkaloids).





6. Medicinal opium.

7. [Repealed, 46 of 1978, s. 61

8.Any preparation, mixture, extract or other substance containing any proportion of a
substance for the time being specified in paragraph 1 above or in any of paragraphs 2 to 7
above. (Amended, 46 of 1971, s. 10)

9. Opium and opium water. (Replaced, 46 of 1971, s. 10)

10. Coca leaves.

11. Poppy Straw.

12. Cannabis. (Amended, 46 of 1978, s. 6)

12A.Alpha-Methylphenethylamine; its optical isomers; any synthetic compound structurally
derived from any of those substances by substitution at the nitrogen atom; any salt of any
substance falling within this paragraph, or any preparation, mixture, extract or other
substance containing any proportion of a substance specified in this paragraph. (Added,
L.N. 22177. Amended, L.N. 82177)

PART 11 [ss. 4, 23 241

Preparations to which Ordinance applies with modifications

13. A preparation of not more than one of the substances specified in paragraph 19 or 20, when

(a)compounded with one or more other ingredients in such a way that the preparation has
no, or a negligible, risk of abuse and that the substance cannot be recovered by readily
applicable means or in a yield which would constitute a risk to health; and

(b)containing not more than 100 milligrams of the substance per dosage unit and with a
concentration of not more than 2.5 per cent in undivided preparations.

14.A perparation of cocaine containing not more than 0.1 per cent of cocaine calculated as
cocaine base, being a preparation compounded with one or more other ingredients in such a
way that the preparation has no, or a negligible, risk of abuse and that the cocaine cannot be
recovered by readily applicable means or in a yield which would constitute a risk to health.

15.A preparation of medicinal opium or of morphine containing (in either case) not more than
0.2 per cent of morphine calculated as anhydrous morphine base, being a preparation
compounded with one or more other ingredients in such a way that the preparation has no,
or a negligible, risk of abuse and that the opium or, as the case may be, the morphine cannot
be recovered by readily applicable means or in a yield which would constitute a risk to
health.

16.A preparation of diphenoxylate containing, per dosage unit, not more than 2.5 milligrams
of diphenoxylate calculated as base and not less than 25 micrograms of atropine sulphate.
(Amended, L.N. 324180)

16A.A preparation of difenoxin containing, per dosage unit, not more than 0.5 milligram of
difenoxin calculated as base and a quantity of atrophine sulphate equivalent to at least 5% of
the dose of difenoxin. (Added, L.N. 321177. Amended, L.N. 324180)

16B.A preparation for oral use containing not more than 135 milligrams of
dextropropoxyphene base per dosage unit or with a concentration of not more than 2.5 per
cent in undivided preparations:

Provided that such preparations do not contain any substance specified in the Third
Schedule to the Pharmacy and Poisons Regulations (Cap. 138, sub. leg.). (Added, L.N.
185183)

16C.A preparation of Propiram containing not more than 100 milligrams of propiram per
dosage unit and compounded with at least the same amount of methylcellulose. (Added, L.N.






185183)

17. Pulvis Ipecacuanhae et Opii Compositus-

10 per cent opium, in powder,

10 per cent Ipecacuanhae root, in powder, well mixed with

80 per cent of any other powdered ingredient containing no dangerous drug.

18.Mixtures containing not more than one of the preparations specified in paragraphs 13 to
17, being mixtures whereof none of the other ingredients is a dangerous drug.





PART 111 [ss. 25, 26 321

Dangerous drugs to which Ordinance applies
with other modifications

19. The following substances, namely-
Acetyldihydrocodeine
Codeine
Dextropropoxyphene
Dihydrocodeine
Ethylmorphine (3-ethylmorphine)
Nicocodine
Norcodeine
Pholcodine
Propiram (Amended, L.N. 185183)

20. Any salt of a substance specified in paragraph 19.

21.Any preparation, mixture, extract or other substance containing any proportion of a
substance specified in paragraph 19 or 20, being a preparation, mixture, extract or other
substance whereof none of the other ingredients is a dangerous drug. (Amended, 46 of 1971,
S. 10)

22. Any other preparation specified in Part II of this Schedule.

PART IV [ss. 24, 25 261

Preparations which may be sold by retail by listed sellers of
poisons under Pharmacy and Poisons Ordinance (Cap.
138)

(Amended, 46 of 1971, s. 10)

23. Any preparation containing not more than 0.1 per cent of any of the following substances,
namely-
Cocaine
Morphine
Acetyldihydrocodeine
Codeine
Dihydrocodeine
Ethylmorphine (3-ethylmorphine)
Nicocodine
Norcodeine
Pholcodine,
being a preparation compounded with one or more other ingredients in such a way that the
preparation has no, or a negligible, risk of abuse and that the substance contained therein
cannot be recovered by readily applicable means or in a yield which would constitute a risk to
health.

SECOND SCHEDULE [ss. 2 521

Prescribed hospitals and institutions, other
than hospitals maintained by the
Crown

1. The Adventist Sanatorium and Hopsitals.

2. The Alice Ho Miu Ling Nethersole Hospital.

3. The Baptist Hospital.

4. The Canossa Hospital.

5. The Caritas Medical Centre.





6. The Chesire Home, Chung Hom Kok.

7. The Duchess of Kent Children's Orthopaedic Hospital and Convalescent Home.

8. The Evangelical Medical Centre.

9. The Freni Memorial Hospital.

10. The Grantham Hospital.

11. The Haven of Hope Sanatorium.

12. The Hong Kong Buddhist Hospital.

13. The Hong Kong Central Hospital.

14. The Hong Kong Sanatorium and Hospital.

15. The Hong Kong Society for Rehabilitation, Margaret Trench Medical Rehabilitation Centre.

16. The Kwong Wah Hospital.

17. The Matilda and War Memorial Hospital.

18. The Nam Long Hospital.

19. Our Lady of Maryknoll Hospital.

20. The Pok Oi Hospital.

21. The Precious Blood Hospital.

22. The Prince Philip Dental Hospital.

23. The Ruttonjee Sanatorium.

24. The Shek Kwu Chau Rehabilitation Centre.

25. The St. Paul's Hospital.

26. The St. Theresa's Hospital.

27. The Tung Wah Hospital.

28. The Tung Wah Eastern Hospital.

29. The Tung Wah Sandy Bay Convalescent Hospital.

30. The Tung Wah Wong Tai Sin Infirmary.

31. The United Christian Hospital.

32. The Yan Chai Hospital.

(Second Schedule replaced, L.N.
166181)

THIRD SCHEDULE [s. 421

Other offences of which defendant may be convicted

Other offences of which
Item Offence charged defendant may be
convicted







1 Unlawful trafficking in dangerous drug (sec- Trafficking in a substance represented or
tion 4) held out to be a dangerous drug (sec-
tion 4A) (Added, 37 of 1980, s. 4)
Possession of dangerous drug for
purpose of unlawful trafficking therein
(section 7)
Possession of dangerous drug (section
8(1)(a) and (2))
2. Unlawful manufacturing of dangerous drug Unlawful trafficking in dangerous drug
(section 6) (section 4)
Possession of dangerous drug for
purpose of unlawful trafficking therein
(section 7)
Possession of dangerous drug (section
8(1)(a) and (2))
3. Possession of dangerous drug for purpose of Possession of dangerous drug (section
unlawful trafficking therein (section 7)8(1)(a) and (b)) (Amended, 46 of 1971,
S. 11)





FOURTH SCHEDULE [s. 49A]

Reporting Agencies

1. Alice Ho Miu Ling Nethersole Hospital.

2. Boys' and Girls' Club Association of Hong Kong.

3. Caritas-Hong Kong.

4. Chinese Young Men's Christian Association.

5. Christian Family Service Centre.

6. Evangel Hospital.

7. Haven of Hope Hospital, Junk Bay Medical Relief Council.

8. Hong Kong Adventist Hospital.

9. Hong Kong Baptist Hospital.

9A. Hong Kong Buddhist Hospital. (Added, L.N. 141184)

10. Hong Kong Christian Service.
11. Hong Kong Council of Social Service.
12. Society for the Rehabilitation of Offenders, Hong Kong. (Replaced, L.N. 176186)
13. Hong Kong Federation of Youth Groups.
14. Hong Kong Playground Association.
15. Hong Kong Sanatorium and Hospital Limited.
16. Kwong Wah Hospital, Tung Wah Group of Hospitals.
17. Ling Oi Youth Centre, Finnish Missionary Society.
18. Medical and Health Department of the Government
19. Operation Dawn Limited.
20. Our Lady of Maryknoll Hospital Limited.
21. Pok Oi Hospital.
22. Precious Blood Hospital and Maternity Home, Sisters of the Precious Blood Order.

23. Enchi Lodge, Lutheran Drug Centre. (Replaced, L.N. 176186)

24. Ruttonjee Sanatorium, Hong Kong Tuberculosis, Chest and Heart Diseases Association.
25.St. Paul's Hospital and Maternity Home, Soeurs de Saint Paul de Chartres.

25A. St. Stephen's Society. (Added, L.N. 173184)

26. St. Theresa's Hospital and Maternity Home.

27. Salvation Army.

28. Social Welfare Department of the Government.

29. Society for the Aid and Rehabilitation of Drug Abusers.

29A. Tsuen Wan Adventist Hospital. (Added, L.N. 173184)

30. United Christian Hospital, United Christian Medical Service.

31. Wong Tai Sin Infirmary and Convalescent Hospital, Tung Wah Group of Hospitals.

32. Wu Oi Christian Centre Limited.

33. Yan Chai Hospital.

34. Yang Memorial Social Service Centre.







35. Young Women's Christian Association.

(Fourth Schedule added, 65 of 1981, s.
4)





FIFTH SCHEDULE [s. 38A]

First

Column Second Column Third Column

Dangerous Drug Excessive Quantity

1. Any dangerous drug other than Opium or Cannabis. 500 g

2. Opium. 3 000 g

3. Cannabis. 3 000 g

(Fifth Schedule added, 48 of 1982, s. 3; effective from
15.1.83)

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/2652

Edition

1964

Volume

v11

Subsequent Cap No.

134

Number of Pages

56
]]>
Tue, 23 Aug 2011 18:09:40 +0800
<![CDATA[AGRICULTURAL PESTICIDES REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2651

Title

AGRICULTURAL PESTICIDES REGULATIONS

Description






AGRICULTURAL PESTICIDES REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation Page
1. Citation ... ... ... ... ... ...... ... ... ... ... ... ... ... A2
2. Interpretation ... ... ... ...... ... ... ... ... ... ... A2
3. Application for registration of agricultural pesticide ... ... ... ... ... ... A 2
4. Contents of register ... ... ...... ... ... ... ... ... ... ... ... A 3
5. Publication of list of registered agricultural pesticides ... ... ... ... ... ... A 3
6. Application for licence or permit... ...... ... ... ... ... ... A 3
7. Form and duration of licences and permits... ... ... ... ... ... A 4
8. Surrender of licence or permit on cancellation, etc . ... ... ... ... ... A 4

9. Delivery of licence or permit on variation of particulars or modification of conditions ... ...
... ... ... ... ... ... ... ... ... ... ... ... ... A 4

10.Conditions of storing, keeping and displaying for sale of registered
agricultural pesticide ... ... ... ... ... ... ... ... ... ... ... ... A -5

11. Registered agricultural pesticide not to be sold or supplied except in proper container ...
... ... ... ... ... ... ... ... ... ... ... ... ... A 5

12. Labelling of registered agricultural pesticides on sale or supply by retail ... ... A 5
13. Storage and transport ... .. ... ... ... ... ... ... ... ... ... A 6
14. Sample container to be supplied to Director ... ... ... ... ... ... A 7
15. Approved containers ... ... ... ... ... ... ... ... ... ... ... ... A 7
16. Restrictions on sale, supply. and advertisement ... ... ... ... ... ... ... ... A 7
17. Director may issue directions relating to unregistered agricultural pesticides ... A 7
18. Fees ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 7
19. Offences and penalties ... ... ... ... ... ... ... ... ... ... ... ... ... A 8





AGRICULTURAL PESTICIDES REGULATIONS

(Cap. 133, section 19)

[15 July 1977.1

1. These regulations may be cited as the Agricultural Pesticides
Regulations.

2. In these regulations, unless the context otherwise requires

'label' means any statement forming part of or affixed to a container in
which an agricultural pesticide is sold, supplied or transported;

'licensee' means the holder of a licence;

'permittee*' means the holder of a permit.

3. (1) An application under section 5 of the Ordinance for the
registration of an agricultural pesticide'shall be in a form approved by
the Director and shall contain. or be accompanied by. the following--

(a)the trade name. chemical name and the common name' if any,
by, which the agricultural pesticide is known arid tinder which
it is to be sold;

(h)a statement of the composition of the agricultural pesticide
including all ingredients, and the chemical identities of the
active ingredients including their stability in storage:

(c)adequate data on the toxicology and efficacy, of the
agricultural pesticide supported by reports on biological tests
from experimental stations of a standing acceptable to the
Director,

(d)instructions on the manner in which the agricultural pesticide
is to be used together with the precautionary measures to be
taken when applying the agricultural pesticide,

(e)in the case of an agricultural pesticide to be used on food
crops. the recommended time interval between the last
application and harvesting of the crop,.

the antidote and first-aid action to be taken in the case of
poisoning;

(g) methods of analysis of the formulated compound;

(h)methods for determination of the residues of the agricultural
pesticide.

(i)such other information relating to the efficacy or safety of the
agricultural pesticide as may be required by the Director; and

the fee specified in regulation 18.





(2) The applicant shall supply the Director with such samples of
the agricultural pesticide as he may require.

(3) A separate application for registration shall be made in respect
of each agricultural pesticide.

4. (1) The Director shall cause to be entered in the register

(a)in respect of each agricultural pesticide registered in Part 1 or
Part 11 of the register

(i) the chemical name and the common name. if any., by
which the agricultural pesticide is known and under which it
is to be sold or supplied,

(ii) the concentration of the active ingredients of the
agricultural pesticide permitted for retail sale or supply:

(iii) the name and address of each person who applied for
the registration of the agricultural pesticide: and

(b)in respect of each agricultural pesticide registered in Part 11 of
the register, the conditions subject to which the agricul



tural pesticide is registered.

(2) The register shall be open for public inspection at all

register

reasonable times free of charge.

5. (1) As soon as may be after 1 January following the
commencement of these regulations and as soon as may be after 1
January of every year thereafter, the Director shall prepare and publish
in the Gazette a list of the agricultural pesticides which appear in Parts 1
and 11 of the register on that date.

(2) As soon as may be after 1 July of every year, the Director shall
prepare and publish in the Gazette a list of the agricultural

pesticides 'des which have been registered or cancelled from the
register

betwen 1 January and 1 July of such year.

(3) A certificate-

(a)stating whether or not an agricultural pesticide is registered
under the Ordinance., or

(b) containing a copy of an entry made in the register, and
purporting to be signed by or on behalf of the Director shall be
admitted in evidence without further proof on its production in any
legal proceedings and

(i)until the contrary is proved, it shall be presumed that the
certificate is so signed; and

(ii)the certificate shall be'conclusive evidence of the facts stated
therein.

6. An application for a licence or permit shall be in a form approved






by the Director, shall be accompanied by the specified fee and shall
state





(a) the name and address of the applicant;

(b) the business name, if any, of the applicant;

(c)the address of the. premises in which any agricultural pesticide
is to be stored, kept, displayed for sale or sold, and where
there are more than one such premises the address of each of
them;

(d)the agricultural pesticides in respect of which the licence or
permit is required; and

(e) such further information as the Director may require.

7. (1) A licence and permit shall be in a form approved by the
Director.

(2) Every licence shall expire on 31 December following the date of
commencement of the licence specified in the licence but may, on
payment of the specified fee, be renewed by the Director.

(3) Every permit shall expire 6 months after the date of issue which
period may be extended by the Director for such further periods of 6
months as he thinks fit.

(4) If a licence or permit is lost. damaged or destroyed. the Director
may on payment of the specified fee, issue a duplicate.

1

8. (1) On the cancellation or suspension of a licence under section
10 of the Ordinance, or on the cancellation of a permit under section 11
of the Ordinance, the Director shall notify the licensee or permittee, as
the case may be. of the cancellation or suspension and in the case of a
suspension lie shall specify in the notice the period of the suspension.

(2) On the receipt by him of a notification under paragraph (1) the
licensee or permittee, as the case may be. shall forthwith surrender his
licence or permit to the Director.

(3) A licence which is surrendered to the Director on its suspension
in accordance with paragraph (2) shall at the termination of the period of
the suspension be returned by the Director to the licensee.

9. (1) Where the Director varies the particulars of a licence or
permit, or modifies, adds to, or cancels, any condition of a licence or
permit, under section 9(8) of the Ordinance he shall notify the licensee
or permittee, as the case may be.

(2) On the receipt by him of a notification under paragraph (1) the
licensee or permittee shall forthwith deliver the licence or permit to the
Director.

(3) Where a licence or permit is delivered under paragraph (2) the
Director shall, on payment of the specified fee. issue a new licence or
permit to the holder.





(4) A fee shall not be payable for the issue of a new licence or
permit under paragraph (3) unless the variation under paragraph (1) is
made at the request of the person holding the licence or permit.

10. (1) A licensee shall not, except on premises approved by the
Director for that purpose, store, keep, repackage, expose for sale or sell
any registered agricultural pesticide.

(2) A licensee shall not store, keep, repackage or expose for sale
any registered agricultural pesticide

(a)in close proximity to any foodstuffs for human or animal
consumption; or

(b) in such condition as---

(i) to be liable by spillage to contaminate any foodstuffs for
human or animal consumption; or

(ii) to constitute a danger to the health or safety. of persons
or animals.

11. (1) A licensee shall not sell, or offer or expose for sale. or
supply, either by retail or in a form ready for sale or supply by retail any
registered agricultural pesticide except in a container which

(a) is impervious to that agricultural pesticide. and

(b)is sufficiently, strong to prevent leakage arising from the
ordinary risks of handling and transport.. and

(e) is made of-

(i) metal;

(ii) glass or plastic, the outer surface being. in the case of a
container with a capacity of not more than 2 litres. fluted
vertically with ribs or grooves recognizable by. touch;or

(iii) such other material as may be approved by the Director
for that agricultural pesticide; and

(d)displays clearly and distinctly the number or mark, if any,
assigned to it under regulation 15.

(IA) Paragraph (1)(c) and (d) shall not apply to a registered
agricultural pesticide which is to be exported by a licensee to a
purchaser outside Hong Kong.

(2) No licensee shall sell, or offer or expose for sale, by wholesale or
supply by wholesale any registered agricultural pesticide except in a
container which complies with paragraph (1)(a) and (b).

12. (1) Subject to paragraphs (2), (3), (4) and (5), a licensee shall not
sell, or offer or expose for sale, or supply, either by retail or in a form
ready for sale or supply by retail any registered agricultural pesticide
unless there appears on the container and on every box or other
covering of whatever nature enclosing the container, in a conspicuous
position, a label setting forth, clearly and distinctly and





not in any way obscured or obliterated, the following particulars both in
English and Chinese--

(a) the word 'Poison' and the characters AP*

(b)the trade name, chemical name and the common name, if any,
by which the agricultural pesticide is known;

(c)the composition by percentage of all the active ingredients of
the agricultural pesticide;

(d) the net weight or volume of the contents:

(e)the word 'SYSTEMIC' if the agricultural pesticide has a
systemic action;

instructions on the manner in which the agricultural pesticide
is to be used together with the precautionary measures to be
taken when applying the agricultural pesticide;

in the case of an agricultural pesticide to be used on food
crops, the recommended time interval between the last
application and harvesting of the crop;

(h)the antidote and first-aid action to be taken in the case of
poisoning,

(i)the name of the seller of the agricultural pesticide and tile
address at which it is sold ol- supplied.. and

(1) such other particulars as the Director may require.

(IA) Paragraph (1) shall not apply to a registered agricultural
pesticide which is to be exported by a licensee to a purchaser outside
Hong Kong.

(2) The Director may in writing tint) exempt any registered agricul-

L_

tural pesticide from compliance with paragraph (1)(a)

(3) Nothing in paragraph (1) shall require the labelling of any
transparent cover or any wrapper, hamper. packing case. crate or other
covering used solely for the purpose of transport or delivery.

(4) The requirements of paragraph (1)( i) shall be deemed to be
satisfied in the case of a registered agricultural pesticide supplied from a
warehouse or depot. if the label on the container sets out the address of
the supplier's principal place of business or in the case of a company. of
the registered office of that company.

(5) Where the names of 2 or more persons or where 2 or more
addresses appear on any label, there shall also be words on the label
indicating clearly which of the persons is the seller and at which of the
addresses the registered agricultural pesticide is sold or supplied.

13. A licensee shall not store. or transport or consign for transport.
any registered agricultural pesticide except in a container which is
impervious to that agricultural pesticide and sufficiently strong to
prevent leakage from the container arising from the





ordinary risks of handling and, where it lis being transported. transport
and which is labelled with the word---POISON-and the characters and
the trade name and, ill' any the common name by which the agricultural
pesticide is known.

14. The Director may require an applicant for registration of an
agricultural pesticide to supply him with a sample of the container in
which the agricultural pesticide is to be stored. sold or supplied.

15. The Director may give approval to a type. design or colour of
container to be used for any registered agricultural pesticide or class or
type of registered agricultural pesticide and may assign thereto an
identifying number or mark.

16. (1) A licensee shall not

(a)sell. or offer or expose for sale. by retail or supply by retail any
registered agricultural pesticide. the active ingredients of
which differ materially from the particulars supplied under
regulation 3(1)(b) or from the particulars stated on the label, or

(b)sell or offer or expose for sale, or supply. as a registered
agricultural pesticide. a product which

(1) is decomposed or deteriorated so as to be ineffective or
dangerous; Or

(ii) is packaged in a container which has deteriorated or is
damaged so as to be dangerous in storage or use.

(2) No person shall-

(a)advertise any agricultural pesticide which is not registered
under the Ordinance,

(b)advertise any registered agricultural pesticide in a manner that
is false, misleading or deceptive or not in accordance with any
condition imposed on the registration of that agricultural
pesticide under the Ordinance.

17. The Director may issue to a permittee such directions as he
may think fit relating to

(a)the storing or keeping of unregistered agricultural pesticides;

(b)the containers in which unregistered agricultural pesticides
are to be stored or kept;

(c) the labelling of such containers. and

(d) the transport of unregistered agricultural pesticides.

18. The fees specified by these regulations shall be-

(a)5370, in respect of an application for registration of an
agricultural pesticide under section 5 of the Ordinance;





(b)570. in respect of an application for a licence under section 9
of the Ordinance;

(e)$70. in respect of an application for a permit under section 9 of
the Ordinance;

(d)$70, in respect of a licence issued under section 9 of the
Ordinance or, subject to regulation 9(4), regulation 9(3);

(e)5300, in respect of a permit issued under section 9 of the
Ordinance or, subject to regulation 9(4), regulation 9(3);

$70. in respect of the renewal of a licence under regulation
7(2);

(g)$50, in respect of a duplicate of a licence or permit issued
under regulation 7(4);

(h)$70, in respect of the extension of a permit under regulation
7(3).

19. (1) Any person who without reasonable excuse fails to comply
with regulation 8(2) or 9(2) or with any requirement under regulation 14
commits an offence and is liable on conviction to a fine of $2.000 and to
imprisonment for 6 months.

(2) Any person who contravenes regulation 10. 11. 12. 13 or 16
commits an offence and is liable on conviction to a fine of $2,000 and to
imprisonment for 6 months.

(3) Any permittee who fails to comply with any direction of the
Director under regulation 17 commits an offence and is liable on
conviction to a fine of $2,000 and to imprisonment for 6 months.
L.N. 140/77. L.N. 172/83. Citation. Interpretation. Application for registration of agricultural pesticide. Contents of register. Publication of list of registered agricultural pesticides. Application for licence or permit. Form and duration of licences and permits. Surrender of licence or permit on cancellation, etc. Delivery of licence or permit on variation of particulars or modification of conditions. Conditions of storing, keeping and displaying or sale of registered agricultural pesticide. Registered agricultural pesticide not to be sold or supplied except in proper container. L.N. 172/83. L.N. 172/83. Labelling of registered agricultural pesticides on sale or supply by retail. L.N. 127/83. L.N. 172/83. Storage and transport. Sample container to be supplied to Director. Approved containers. Restrictions on sale, supply and advertisement. Director may issue directions relating to unregistered agricultural pesticides. Fees. L.N. 172/83. Offences and penalties.

Abstract

L.N. 140/77. L.N. 172/83. Citation. Interpretation. Application for registration of agricultural pesticide. Contents of register. Publication of list of registered agricultural pesticides. Application for licence or permit. Form and duration of licences and permits. Surrender of licence or permit on cancellation, etc. Delivery of licence or permit on variation of particulars or modification of conditions. Conditions of storing, keeping and displaying or sale of registered agricultural pesticide. Registered agricultural pesticide not to be sold or supplied except in proper container. L.N. 172/83. L.N. 172/83. Labelling of registered agricultural pesticides on sale or supply by retail. L.N. 127/83. L.N. 172/83. Storage and transport. Sample container to be supplied to Director. Approved containers. Restrictions on sale, supply and advertisement. Director may issue directions relating to unregistered agricultural pesticides. Fees. L.N. 172/83. Offences and penalties.

Identifier

https://oelawhk.lib.hku.hk/items/show/2651

Edition

1964

Volume

v11

Subsequent Cap No.

133

Number of Pages

8
]]>
Tue, 23 Aug 2011 18:09:39 +0800
<![CDATA[AGRICULTURAL PESTICIDES ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/2650

Title

AGRICULTURAL PESTICIDES ORDINANCE

Description






LAWS OF HONG KONG

AGRICULTURAL PESTICIDES ORDINANCE

CHAPTER 133





CHAPTER 133

AGRICULTURAL PESTICIDES ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

PART I 1

PRELIMINARY

1 ........Short title ........................ ... ... ... ... ... ... ... ... 2
2..........Interpretation ..................... .. ... ... ... ... ... ... ... ... 2
3..........Application ........................ ... ... ... ... ... ... ... ... 3

PART 11

REGISTRATION OF AGRICULTURAL PESTICIDES

4......................Register of agricultural pesticides . ... ... ... ... ... ... ... ... 3

5..........Registration ...................... ... ... ... ... ... ... ... ... 3

6...............................Power of Director to cancel or modify registration ... ... ... ... 4

PART Ill

CONTROL OF AGRICULTURAL PESTICIDES

7..........................Control of registered agricultural pesticides ... ... ... ... ... ... 4
8..........................Control of unregistered agricultural pesticides ... ... ... ... ... ... 4
9..........................Licence or permit for agricultural pesticides ... ... ... ... ... ... 5

10.....................Cancellation or suspension of licence ... ... ... ... ... ... ... ... 5

11..............Cancellation of permit ........ ... ... ... ... ... ... ... ... ... ... 6

12........................Notice of intention to cancel or suspend ... ... ... ... ... ... ... 6

13. Directions on disposal of agricultural pesticide where licence or permit

cancelled ................................. ... ... ... ... ... ... 6

PARTIV

MISCELLANEOUS

14.................Appointment of inspectors ... ... ... ... ... ... ... ... ... ... 6
15.................Powers of entry, seizure, etc. ... ... ... ... ... ... ... ... ... 7

16.......Appeals ............................. ... ... ... ... ... ... ... ... 7

17..............Offences and penalties ....... ... ... ... ... ... ... ... ... ... ... 7

18..........Forfeiture ....................... ... ... ... ... ... ... ... ... 8
19..........Regulations ...................... ... ... ... ... ... ... ... ... 8

20.....................................Trademarks, merchandise marks, patents and copyright not affected ... 9

21.........................................Pharmacy and Poisons Ordinance not to apply to agricultural pesticides 9

22........................Dangerous Goods Ordinance to apply 1 ... ... ... ... ... 9

23..............Transitional provisions ...... ... ... ... ... ... ... ... ... ... ... 10











CHAPTER 133

AGRICULTURAL PESTICIDES

To provide for the registration and control of agricultural pesticides
and for matters connected therewith.

[15th July, 1977.1

PART I

PRELIMINARY
1. This Ordinance may be cited as the Agricultural Pesticides
Ordinance.

2. In this Ordinance, unless the context otherwise requires-

'agricultural pesticide' means any insecticide, fungicide, herbicide,
nematocide, molluscicide or any substance (whether organic or
inorganic) having any of the properties of

(a) destroying or repelling any insect, mite, mollusc, nematode,



fungus, bacterium, virus of other pest capable of destroying
or damaging plants;

(b)directly or indirectly controlling the activity of, or preventing or
mitigating the harmful effect on plants of, any such pest;

(e) destroying weeds;

(d) acting as a bird or animal repellent, plant growth regulator,



defoliant or desiccant;

'Director' means the Director of Agriculture and Fisheries and the
Deputy Director of Agriculture and Fisheries;

'inspector' means any public officer authorized to be an inspector
under section 14;

'licence' means a licence to import, sell or supply registered agricultural
pesticides issued under section 9;

'member of the Customs and Excise Service' means any person holding
an office specified in the First Schedule to the Customs and Excise
Service Ordinance; (Amended, 46 of 1977, s. 18)

'permit' means a permit to import, be in possession of. sell or supply an
unregistered agricultural pesticide issued under section 9;

'plants' include trees, bushes and seeds;

'register- means the register of agricultural pesticides maintained under
section 4;

'registered agricultural pesticide' means an agricultural pesticide which
is registered in the register;

'unregistered agricultural pesticide- means an agricultural pesticide
which is not registered in the register.











3. (1) This Ordinance shall not apply to an agricultural pesticide which

(a) is not in a liquid, powder or granular form;

(b) is contained in an aerosol dispenser;

(c) is in transit; or

(d) is transhipped in Hong Kong.

(2) For the purposes of subsection (1)(b), 'aerosol dispensermeans a
container incorporating a valve constructed and adapted to contain a substance
which is kept at a pressure greater than atmospheric pressure by means of a gas
and is thereby discharged from the container when the valve is opened.

(3) For the purposes of subsection (1)(c), an agricultural pesticide is in
transit if it is destined for a place outside Hon. Kong and is passing through
Hong Kong on the same ship, aircraft or vehicle without transhipment.

(4) For the purposes of subsections (1)(d) and (3), an agricul-



tural pesticide is in transhipment if it is consigned on a through bill of lading or
air waybill from a place outside Hon. Kong to another place outside Hone,
Kong and is or is to be removed from the ship,

c

vehicle, train or aircraft in which it was imported and either returned to the same
ship, vehicle, train or aircraft or transferred to another ship. vehicle, train or
aircraft before being exported, whether it Is or is to be transferred directly
between such ships, vehicles, trains or aircraft or whether it is to be landed in
Hong Kong after its importation and stored, pending exportation.

PART 11

REGISTRATION OF AGRICULTURAL
PESTICIDES

4. The Director shall maintain a register of agricultural pesticides in which

(a)Part 1 shall contain a list of all agricultural pesticides the registration
of which is not subject to conditions imposed under this Part; and

(b)Part II shall contain a list of all agricultural pesticides the registration
of which is subject to conditions imposed under this Part.

5. (1) Any person may apply to the Director for registration of an
agricultural pesticide.

(2) An application under subsection (1) shall be made in writing in the
prescribed manner.

(3) After considering an application under subsection (1) the Director may





(a)register the agricultural pesticide in Part I or II of the register; or

(b) refuse to register it.

(4) The Director may register an agricultural pesticide in Part 1 or Part 11
of the register although an application for registration of the agricultural
pesticide has not been made under subsection (1).

(5) The Director may register an agricultural pesticide subject to such
conditions as he may think fit.

6. The Director may at any time-

(a)cancel the registration of an agricultural pesticide in Part 1 of the
register and register it in Part 11 of the register subject

C?

to such conditions as he may think fit;

(b)modify or add to, or cancel, any condition imposed by, him under
this Part in respect of the registration of an agricultural pesticide; or

(c)cancel or suspend the registration of an agricultural pesticide if it
appears to him to be necessary in the interests of public safety.

PART 111

CONTROL OF AGRICULTURAL
PESTICIDES

7. (1) Save under and in accordance with a licence. no person shall

(a) import into or cause to be imported into Hong Kong;

(b) sell or offer or expose for sale; or

(c) supply or offer to supply,

any registered agricultural pesticide.

(2) Subsection (1)(b) and (c) shall not apply to any person who

(a)is not engaged in the trade or business. whether for wholesale, retail
or otherwise. of selling, offering or exposing for sale, supplying or
offering to supply agricultural pesticides; and

(b)sells, offers or exposes for sale, supplies or offers to supply any
agricultural pesticide which he acquired for his own use in connexion
with agricultural pursuits carried on by him.

8. Save under and in accordance with a permit, no person shall

(a) import into or cause to be imported into Hong Kong;





(b) sell or offer or expose for sale; (e) supply or offer to supply; or (d)
have in his possession, any unregistered agricultural pesticide.

9. (1) An application for a licence or permit shall be made in writing
to the Director in the prescribed manner.

e,

(2) After considering an application under subsection (1) the
Director may

(a)issue to the applicant a licence or a permit, as the case may be;
or

(b) refuse to issue a licence or permit.

(3) Where the Director refuses to issue a licence or a permit he shall
send to the applicant a notice of the refusal and state in the notice the
reasons for the refusal.

(4) A licence may authorize the holder in respect of-

(a) registered agricultural pesticides generally;



(b)all agricultural pesticides registered in Part 1 of the register or
any such agricultural pesticides as may be specified in the
licence; or

(c)all agricultural pesticides registered in Part 11 of the register or
any such agricultural pesticides as may be specified in the
licence.

(5) The Director may issue a licence subject to such conditions as
he may think fit.

(6) A licence authorizing the sale of an agricultural pesticide
registered in Part 11 of the register shall be subject to the conditions of
registration of that agricultural pesticide imposed under Part II.

(7) The Director l-nay issue a permit subject to such conditions as
he may think fit and any permit issued shall specify the unregistered
agricultural pesticide to which it relates.

(8) The Director may at any time vary the particulars of a licence or
permit or modify, add to, or cancel, the conditions of a licence or permit.

10. Subject to section 12, the Director may cancel, or suspend for
such period as he may think fit, a licence

(a) for breach of this Ordinance;

(b) for breach of any of the conditions of the licence; or

(c)if it appears to him to be necessary in the interests of public
safety.





11. Subject to section 12, the Director may cancel a permit-

(a) for breach of this Ordinance;

(b) for breach of any of the conditions of the permit; or

(e)if it appears to him to be necessary in the interests of public safety.

12. (1) Where the Director intends to cancel or suspend a licence under
section 10 or cancel a permit under section 11, he shall give to the holder of the
licence or permit 14 days' notice in writing of his intention to cancel or suspend
the licence or cancel the permit as the case may be and the notice shall specify
the grounds for the intended cancellation or suspension.

(2) The holder of a licence or permit may, within the 14 day period
referred to in subsection (1), make written submissions to the Director as to
why his licence or permit should not be cancelled or his licence suspended as
the case may be.

13. (1) Where the Director cancels a licence or a permit under section 10 or
11 he may give to the licence holder or permit holder such directions as he
thinks fit for the disposal of the agricultural pesticide to which the licence or
permit relates and for the disposal of any container containing that agricultural
pesticide.



(2) A licence holder or permit holder referred to in subsection (1) may
apply in writing to the Director for a variation of any direction given under that
subsection, stating the grounds of the application and the facts and
circumstances relied upon in support of those grounds.

(3) The Director shall consider every application under subsection (2) and
shall within 14 days from the receipt of any such application advise the licence
holder or permit holder in writing of his decision to confirm or vary the
directions given under subsection

(1).

(4) Where any licence holder or permit holder referred to in subsection (2)
appeals pursuant to section 16 against a decision under subsection (3), any
period for compliance embodied in such direction shall be extended by the
period between presentation of the appeal and notification of the Governor's
decision.

(5) Any act done or omitted to be done in the carrying out of any direction
given under this section shall not constitute an offence under this Ordinance.

PART IV

MISCELLANEOUS

14. The Director may appoint in writing any public officer to be an
inspector for the purposes of this Ordinance.





15. (1) If it appears to a magistrate upon the oath of any person that
there is reasonable cause to suspect that there is in any place or
premises any agricultural pesticide in respect of which an offence under
this Ordinance is being or has been committed, the magistrate may by
warrant authorize any inspector or member of the Customs and Excise
Service with such assistants as may be necessary to enter the place or
premises, by force if necessary, and search the place or premises named
in the warrant.

(2) In any premises or place entered pursuant to subsection (1) an
inspector or member of the Customs and Excise Service may

(a)seize and. detain any article, document or thing which appears
to him to be or to contain evidence of an offence under this
Ordinance;

(b)open and examine any article, document or thing specified in
paragraph (a).

(3) An inspector upon production of his authority as an inspector
or any member of the Customs and Excise Service may, at any time
between the hours of 9 a.m. and 6 p.m., without a warrant enter any
premises or place in or upon which he reasonably suspects any
agricultural pesticide is kept, stored, sold or offered or exposed for sale
and may

(a) require the production of-

(i) any licence or permit or

(ii) any document which relates to the origin or nature of
any agricultural pesticide or which he suspects to be relevant
to an offence under this Ordinance;

(b)examine and take copies of any licence or permit or of any
document referred to in paragraph (a); and

(c)require such other information and take, on payment therefor,
such samples as may be necessary for the purposes of the
inspection.

(Amended, 46 of 1977, s. 18)

16. Any person who is aggrieved by any decision of the Director
under this Ordinance may, within 28 days after the receipt of the
notification of the decision, appeal therefrom to the Governor and on
any such appeal the Governor may confirm, vary or revoke the decision
of the Director.

17. (1) Any person who contravenes section 7 or 8 commits an
offence and is liable on conviction to a fine of $50,000 and to
imprisonment for 1 year.

(2) Any holder of a licence who contravenes any of the conditions
of his licence or any holder of a permit who contravenes any of the
conditions of his permit commits an offence and is liable on conviction
to a fine of $25,000 and to imprisonment for 6 months.





(3) Any person who-
(a)wilfully obstructs an inspector or member of the Customs
and Excise Service in the exercise of any power under
section 15; (Amended, 46 of 1977, s. 18)
(b)refuses to allow any sample to be taken in accordance with
section 15(3);
(c)fails without reasonable excuse to produce any licence,
permit or document, or to give any information, when re-
quired to do so under section 15(3); or
(d)fails without reasonable excuse to obey a direction given by
the Director under section 13,

commits an offence and is liable on conviction to a fine of $10,000
and to imprisonment for 6 months.

18. (1) A magistrate may, on application by the Crown, order
to be forfeited any agricultural pesticide, or any container containing
an agricultural pesticide, with respect to which any offence under this
Ordinance has been committed, whether or not any person has been
convicted of such offence and upon the making of an order of for-
feiture such agricultural pesticide or container shall be deemed to be
the property of the Crown free from all rights of any person.

(2) In any proceedings under subsection (1), any statement or
other indication of the nature of any agricultural pesticide written
upon or indicated on the container, or on any box or other covering
of whatever nature enclosing the agricultural pesticide or the con-
tainer, shall, until the contrary is proved, be deemed to be a true
description of the agricultural pesticide or of the contents of the
container, as the case may be.

19. (1) The Governor in Council may by regulation provide
for-
(a)applications for registration of agricultural pesticides in-
cluding the information to be supplied by applicants
therefor;
(b)the imposition of conditions on registration in Part 11 of
the register;

(c)the cancellation and suspension for any period of regis-
tration;
(d) the form and contents of the register;

(e)the proof of matters relating to registration by the produc-
tion of certificates;

(f) the issue of licences and permits including-
(i) the information to be supplied by applicants therefor;
(ii) the imposition of conditions thereof;
(iii) the cancellation and suspension for any period
thereof;





(g)the duration of licences and permits and the renewal of
licences;

(h) the surrender of licences and permits;

(i) the issue of duplicate licences and permits;

(j)the containers for agricultural pesticides or classes or types of
agricultural pesticides including

(i) the shape and size;

(ii) the design and colour; (iii) the
composition; and (iv) the
labelling and marking,

of such containers;

(k)the storage of agricultural pesticides and conditions under
which they are to be kept;

(1)the approval of premises for the storage, repackaging or sale
of agricultural pesticides;

(m) the sale and supply of agricultural pesticides;

(n) the advertisement of agricultural pesticides;

(o) the forms to be used;

(p) fees and charges;

(q)exemption by the Director from compliance with any
regulation, either generally or in a particular case:

(r)generally for the better carrying out of the provisions of this
Ordinance.

(2) Regulations made under this section may provide that a
contravention of specified provisions thereof shall be an offence and
may provide penalties therefor not exceeding a fine of $10,000 and
imprisonment for 1 year.

20. The registration of, or issue of any licence or permit in respect
of, an agricultural pesticide by the Director under section 5 or 9
respectively shall not grant to any person any proprietary right in
respect of that agricultural pesticide and shall not confer or affect any
rights under the Trade Marks Ordinance, the

Ordinance, the Registration of United Kingdom Patents
Ordinance or the Copyright Ordinance.

21. Subject to section 23, the Pharmacy and Poisons Ordinance
shall not apply to any agricultural pesticide to which this Ordinance
applies.

22. Nothing in this Ordinance shall derogate from the provisions of
the Dangerous Goods Ordinance.





23. (1) Notwithstanding anything in this Ordinance a person
who, immediately before the commencement of this Ordinance-

(a) had in his possession any agricultural pesticide; or
(b)is carrying on a business of selling, offering or exposing for
sale or supplying or offering to supply any agricultural
pesticide,

shall be entitled to have in his possession that agricultural pesticide
or to continue to carry on that business without a licence or permit-
(i) for the period of 6 months from the commencement of this
Ordinance; and
(ii) if before the expiry of that period he applies for a licence
or permit, until the licence or permit is issued, or finally
refused.

(2) A person may import into Hon. Kong any agricultural
pesticide without a licence or permit during a period of 6 months
immediately following the commencement of this Ordinance if that
agricultural pesticide was ordered not less than 2 months before the
commencement of this Ordinance.

(3) The Pharmacy and Poisons Ordinance in force at the com-
mencement of this Ordinance shall apply to any agricultural pesticide
imported before the commencement of this Ordinance or imported
under subsection (2) if such agricultural pesticide is an agricultural
poison within the meaning of that Ordinance.
Originally 38 of 1977. 46 of 1977. L.N. 166/77. Short title. Interpretation. 1967 c. 50, s. 2. (Cap. 342.) Application. Register of agricultural pesticides. Registration. Power of Director to cancel or modify registration. Control of registered agricultural pesticides. Control of unregistered agricultural pesticides. Licence or permit for agricultural pesticides. Cancellation or suspension of licence. Cancellation of permit. Notice of intention to cancel or suspend. Directions on disposal of agricultural pesticide where licence or permit cancelled. Appointment of inspectors. Powers of entry, seizures, etc. Appeals. Offences and penalties. Forfeiture. Regulations. Trademarks, merchandise marks, patents and copyright not affected. (Cap. 43.) (Cap. 41.) (Cap. 42.) (Cap. 39.) Pharmacy and Poisons Ordinance not to apply to agricultural pesticides. (Cap. 138.) Dangerous Goods Ordinance to apply. (Cap. 295.) Transitional provisions. (Cap. 138.)

Abstract

Originally 38 of 1977. 46 of 1977. L.N. 166/77. Short title. Interpretation. 1967 c. 50, s. 2. (Cap. 342.) Application. Register of agricultural pesticides. Registration. Power of Director to cancel or modify registration. Control of registered agricultural pesticides. Control of unregistered agricultural pesticides. Licence or permit for agricultural pesticides. Cancellation or suspension of licence. Cancellation of permit. Notice of intention to cancel or suspend. Directions on disposal of agricultural pesticide where licence or permit cancelled. Appointment of inspectors. Powers of entry, seizures, etc. Appeals. Offences and penalties. Forfeiture. Regulations. Trademarks, merchandise marks, patents and copyright not affected. (Cap. 43.) (Cap. 41.) (Cap. 42.) (Cap. 39.) Pharmacy and Poisons Ordinance not to apply to agricultural pesticides. (Cap. 138.) Dangerous Goods Ordinance to apply. (Cap. 295.) Transitional provisions. (Cap. 138.)

Identifier

https://oelawhk.lib.hku.hk/items/show/2650

Edition

1964

Volume

v11

Subsequent Cap No.

133

Number of Pages

11
]]>
Tue, 23 Aug 2011 18:09:38 +0800
<![CDATA[PUBLIC HEALTH AND MUNICIPAL SERVICES (AMENDMENT OF SECOND SCHEDULE) ORDER]]> https://oelawhk.lib.hku.hk/items/show/2649

Title

PUBLIC HEALTH AND MUNICIPAL SERVICES (AMENDMENT OF SECOND SCHEDULE) ORDER

Description






PUBLIC HEALTH AND MUNICIPAL SERVICES
(AMENDMENT OF SECOND SCHEDULE) ORDER

(Cap. 132, section 102)

[10 November 1989]

L.N. 366 of 1989 -

1. Citation and application

(1) This order may be cited as the Public Health and Municipal Services
(Amendment of Second Schedule) Order.
(2) Subject to subparagraph (3), this order shall come into operation on
10 November 1989.
(3) (a)In relation to premises to which this subparagraph applies, this
order shall come into operation upon the expiration of 12 months
after 10 November 1989.
(b)This subparagraph applies to any premises in respect of which on
the day immediately preceding 10 November 1989 there was in
force a factory canteen licence granted under the Food Business
(Urban Council) Bylaws (Cap. 132 sub. leg.) or the Food Business
(Regional Council) Bylaws (Cap. 132 sub. leg.).

2. Scheduled premises

The Second Schedule to the Public Health and Municipal Services
Ordinance (Cap. 132) is amended by adding at the end-

'Factory canteens IT'.

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/2649

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

1
]]>
Tue, 23 Aug 2011 18:09:37 +0800
<![CDATA[SMOKELESS TOBACCO PRODUCTS (PROHIBITION) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2648

Title

SMOKELESS TOBACCO PRODUCTS (PROHIBITION) REGULATIONS

Description






SMOKELESS TOBACCO PRODUCTS (PROHIBITION)
REGULATIONS

(Cap. 132, section 55)

[16 January 1987.]

1. These regulations may be cited as the Smokeless Tobacco
Products (Prohibition) Regulations.

2. For the purposes of these regulations, 'import' means
import in the course of a trade or business.

3. (1) No person shall import, manufacture, sell, possess for
sale, offer or expose for sale, consign or deliver any smokeless
tobacco product.

(2) Any person who contravenes paragraph (1) commits an
offence and is liable to a fine of $25,000 and to imprisonment for 6
months.
L.N. 9/87. L.N. 336/87. Citation. Interpretation. Prohibition of importation, etc., of smokeless tobacco products. L.N. 336/87.

Abstract

L.N. 9/87. L.N. 336/87. Citation. Interpretation. Prohibition of importation, etc., of smokeless tobacco products. L.N. 336/87.

Identifier

https://oelawhk.lib.hku.hk/items/show/2648

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

1
]]>
Tue, 23 Aug 2011 18:09:37 +0800
<![CDATA[WO HOP SHEK, SAND RIDGE AND SANDY RIDGE (URN) CEMETERIES, PRIVATE LOTS, RULES]]> https://oelawhk.lib.hku.hk/items/show/2647

Title

WO HOP SHEK, SAND RIDGE AND SANDY RIDGE (URN) CEMETERIES, PRIVATE LOTS, RULES

Description






WO HOP SHEK, SANDY RIDGE AND SANDY RIDGE
(URN) CEMETERIES, PRIVATE LOTS, RULES

(Cap. 132, section 117)

[30 March 1961.]

1. These rules may be cited as the Wo Hop Shek, Sandy
Ridge and Sandy Ridge (Urn) Cemeteries, Private Lots, Rules.

2. In these rules, unless the context otherwise requires-

'Council' means the Regional Council;

'private lot' means any part of a public cemetery which is set aside
or allocated by the Council, acting under the powers conferred
by by-law 3 of the Public Cemeteries (Regional Council)
By-laws for the reception of the human remains of particular
persons or of persons belonging to any particular community,
race or religion.

3. (1) Application for private lots in the Wo Hop Shek
Cemetery, the Sandy Ridge Cemetery or the Sandy Ridge (Urn)
Cemetery may be made in writing to the Council by any association
or group of persons which requires its dead to be buried together in
community therein.

(2) Such applications may be granted or refused by the
Council in its discretion and, if granted, may be subject to such
conditions or restrictions as it may think fit to impose.

(3) Approval of any application made under paragraph (1)
shall not convey to the applicant association or group-

(a)any right of property in or control over the private lot
allocated; nor

(b)any right to permanent burial of the dead in such privat
lot; nor

(c)any right to cause to be buried in such private lot any
person other than a member of the applicant association or
group or a relative of a member; nor

(d)any exemption from the payment of fees or any other
requirement for the time being prescribed by any enact-
ment relating to the burial of the dead.

4. (1) The general development and maintenance, including
in particular the construction and maintenance of terracing, drainage
and necessary access paths, shall be the responsibility of Govern-
ment and shall be carried out at the public expense.





(2) In addition and without prejudice to any works executed in
furtherance of paragraph (1), the association or group of persons to
which any private lot is for the time being allocated may at its own
expense carry out such other works of improvement, amenity or
decoration as the Council may in its discretion permit:

Provided-

(a)that the permission of the Council is granted prior to the
commencement of any such works; and

(b)the maintenance of such works shall be a charge upon such
association or group and shall be carried out from time to
time to the satisfaction of the Council.

5. No human remains shall be admitted to burial in any
private lot except upon receipt by the Council of an application in
writing signed by a person for the time being authorized by the
association or group of persons to which such private lot stands
allocated-

(a)requesting that such remains be admitted to burial therein;
and

(b)declaring that to the best of his knowledge and belief such
remains are those of a member of such association or
group or those of a relative of a member thereof.

6. In the case of urn burials in any private lot, except by prior
arrangement with the Council in special cases-

(a)the relatives of the deceased or their agents must provide
all necessary bearers, labour and equipment required to
carry out the burial in such decent manner as the Council
may approve;

(b) no urn space shall exceed a surface area of 900 x 900 min;

(c)each burial shall be carried out in conformity with the most
economical sequence of grave spaces having regard to the
shape and size of the private lot in question; and

(d)within 14 days after each interment, a headstone, identify-
ing the deceased, shall be erected by the relatives of the
deceased or their agents, failing which the urn in question
and its contents will be subject to transfer from the private
lot into such other part of the cemetery as the Council may
think fit.
G.N.A. 41/61. L.N. 121/75. L.N. 89/79. L.N. 67/85. 10 of 1986. Citation. Interpretation. L.N. 67/85. 10 of 1986, s. 32(2). L.N. 121/75. (Cap. 132, sub. leg.) Application for private lots. L.N. 67/85. 10 of 1986, s. 32(2). Development and maintenance of private lots. L.N. 67/85. 10 of 1986, s. 32(2). Admission to burial. L.N. 67/85. 10 of 1986, s. 32(2). Special conditions relating to urn burials. L.N. 67/85. 10 of 1986, s 32(2). L.N. 89/79.

Abstract

G.N.A. 41/61. L.N. 121/75. L.N. 89/79. L.N. 67/85. 10 of 1986. Citation. Interpretation. L.N. 67/85. 10 of 1986, s. 32(2). L.N. 121/75. (Cap. 132, sub. leg.) Application for private lots. L.N. 67/85. 10 of 1986, s. 32(2). Development and maintenance of private lots. L.N. 67/85. 10 of 1986, s. 32(2). Admission to burial. L.N. 67/85. 10 of 1986, s. 32(2). Special conditions relating to urn burials. L.N. 67/85. 10 of 1986, s 32(2). L.N. 89/79.

Identifier

https://oelawhk.lib.hku.hk/items/show/2647

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

2
]]>
Tue, 23 Aug 2011 18:09:36 +0800
<![CDATA[WELLS AND WATER STORAGE (URBAN COUNCIL) BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/2646

Title

WELLS AND WATER STORAGE (URBAN COUNCIL) BY-LAWS

Description






WELLS AND WATER STORAGE (URBAN COUNCIL) BY-LAWS

ARRANGEMENT OF BY-LAWS
B.v-lai~, Page

1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... CG 2
2. Application ... ... ... ... ... ... ... ... ... ... . ... ... ... CG2
3. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... CG2
4. Wells to be kept in a clean and wholesome condition ... ... ... ... ... ... CG2
5. Water storage tanks and cisterns to be kept in a clean and wholesome condition CG 2
6. Wells, etc. to be kept covered ... ... ... ... ... ... ... ... ... ... ... CG 3
7. Use of well water ... ... ... ... ... ... ... ... ... ... ... ... ... ... CG 3
8. Water installations ... ... ... ... ... ... ... ... ... ... ... ... ... CG 3
9. Alterations to water installations installed with permission of Council ... ... ... CG 3
10. Power to take samples of water ... ... ... ... ... ... ... ... ... ... ... CG 3
11. Saying ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... CG 3
12. Offences and penalties ... ... ... ... ... ... ... ... ... ... ... ... ... CG 3
13. Name in which proceedings for offences may be brought ... ... ... ... ... CG4





WELLS AND WATER STORAGE (URBAN COUNCIL)
BY-LAWS

(Cap. 132, section 26)

[26 May 1961.]

1. These by-laws may be cited as the Wells and Water Storage
(Urban Council) By-laws.

2. These by-laws apply to the Urban Council area only.

3. In these by-laws, unless the context otherwise requires-

'Council' means the Urban Council;

'water authority' has the meaning assigned to it by section 2 of the
Waterworks Ordinance.

4. (1) Every well shall, at all times, be kept in a clean and
wholesome condition.

(2) If at any time it appears to the Council that any well is not
in a clean condition, the Council may serve upon the owner or the
occupier of the premises on which the well is situated a notice in
writing requiring him, within such time as may be specified in such
notice, to clean such well or to do such other work to render such
well clean as may be specified in such notice.

(3) If the person on whom a notice is served under the
provisions of paragraph (2) fails to comply with any of the require-
ments thereof, the Council may clean such well or execute. or cause
to be executed, such other work as may be necessary to satisfy the
requirements of such notice, and may recover any expenses thereby
incurred from such person.

5. (1) Every water storage tank and every cistern shall, at all
times, be kept in a clean and wholesome condition.

(2) Whenever it considers it to be necessary, the Council may,
by notice in writing served upon the owner or the occupier of the
premises on which any water storage tank or cistern is situated,
require such tank or cistern to be thoroughly cleaned with a clean
brush and a solution of chloride of lime.

(3) In the case of any water storage tank or cistern which is
directly connected with the Government water mains. the Council
may, in lieu of requiring the owner or occupier of the premises to
clean the same, by notice in writing require that he shall permit the
water authority to clean such tank or cistern, and the water
authority may recover any expenses thereby incurred from the
person on whom such notice was served.





(4) If the person on whom a notice is served under the
provisions of paragraph (2) fails to comply with any of the require-
ments thereof, the Council may execute, or cause to be executed,
any work necessary to satisfy the requirements of such notice and
may recover any expenses thereby incurred from such person.

6. (1) Every well, water storage tank and cistern shall be
fitted with a close fitting lid or cover so constructed as to prevent the
access of dust and insects thereto, and such lid or cover shall be kept
closed except when the well, water storage tank or cistern is being
cleaned or repaired or some other operation that cannot be carried
out with such lid or cover closed is being carried out.

(2) The Council may, by notice in writing served upon the
owner or the occupier of the premises on which any well, water
storage tank or cistern is situated, require that the lid or the cover of
the same be locked in such manner as may be specified in the notice.

7. Save with the permission in writing of the Council, no
water shall be drawn from any well otherwise than by means of a
closed circuit system and for use in mechanical cooling devices or for
the flushing of waterclosets or urinals or for the cleaning of the
container chamber provided for any refuse chute.

8. (1) Save with the permission in writing of the Council, no
person shall install, or cause to be installed, any water installa-
tion, other than such an installation approved in accordance with
the provisions of the Buildings Ordinance or the Waterworks
Ordinance.

(2) The grant by the Council of its permission under para-
graph (1) shall be subject to such conditions and restrictions as
the Council may specify.

9. Save with the permission in writing of the Council, no
person shall, in any respect whatsoever, alter, or cause.. or suffer or
permit., to be altered, any water installation which was installed with
the permission of the Council granted under the provisions of
by-law 8.

10. Any public officer authorized in writing by the Council
may take samples of any water found in any well, water storage tank
or cistern.

11. Nothing in these by-laws shall be taken or construed to the
prejudice of any of the provisions of the Buildings Ordinance or the
Waterworks Ordinance.

12. (1) Any person who-

(a)contravenes any of the provisions of by-law 7(1), 8(1) or 9;
or





(b)fails to comply with any of the requirements of a notice
served upon him under the provisions of by-law 4(2), 5(2)
or (3) or 6(2),

shall be guilty of an offence.

(2) In the event of any contravention of any of the provisions
of by-law 4(1), 5(1) or 6(1), the owner and the occupier of the
premises on which the well, water storage tank or cistern, as the
case may be, is situated, shall be guilty of an offence.

(3) Any person who is guilty of an offence under by-laws
shall be liable on summary conviction to a fine of $500 and, where
the offence is a continuing offence, shall be liable in addition to a
fine of $10 for each day during which it is proved to the satisfac-
tion of the court that the offence has continued.

13. Without prejudice to the provisions of any other enact-
ment relating to the prosecution of criminal offences and without
prejudice to the powers of the Attorney General in relation to the
prosecution of such offences, prosecutions for an offence under any
of the provisions of these by-laws may be brought in the name of the
Council.
G.N.A. 62/61. L.N. 5/63. L.N. 77/73. 10 of 1986. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. (Cap. 102.) Wells to be kept in a clean and wholesome condition. L.N. 77/73. Water storage tanks and cisterns to be kept in a clean and wholesome condition. L.N. 77/73. Wells, etc. to be kept covered. L.N. 5/63. L.N. 77/73. Use of well water. L.N. 5/63. Water installations. (Cap. 123) (Cap. 102) Alterations to water installations installed with permission of Council. Power to take samples of water. Saving. (Cap. 123) (Cap. 102.) offences and penalties. L.N. 77/73. Name in which proceedings for offences may be brought.

Abstract

G.N.A. 62/61. L.N. 5/63. L.N. 77/73. 10 of 1986. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. (Cap. 102.) Wells to be kept in a clean and wholesome condition. L.N. 77/73. Water storage tanks and cisterns to be kept in a clean and wholesome condition. L.N. 77/73. Wells, etc. to be kept covered. L.N. 5/63. L.N. 77/73. Use of well water. L.N. 5/63. Water installations. (Cap. 123) (Cap. 102) Alterations to water installations installed with permission of Council. Power to take samples of water. Saving. (Cap. 123) (Cap. 102.) offences and penalties. L.N. 77/73. Name in which proceedings for offences may be brought.

Identifier

https://oelawhk.lib.hku.hk/items/show/2646

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

4
]]>
Tue, 23 Aug 2011 18:09:35 +0800
<![CDATA[VENTILATION (URBAN COUNCIL) BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/2645

Title

VENTILATION (URBAN COUNCIL) BY-LAWS

Description






VENTILATION (URBAN COUNCIL) BY-LAWS

ARRANGEMENT OF BY-LAWS

By-law Page

1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... CF 2
2. Application ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... CF 2

3. Interpretation... ... ... ... . ... ... ... ... ... ... ...------CF 2

4. Obstruction to ventilation or light... ... ... ... ... ... ... ... ... ... CF 2
5. Obstruction to windows... ... . ... ... ... ... ... ... ... ... ... CF 2

6. Cubicles and partitions ... ... ... ... ... ... ... ... ... ... ... ... ... CF2
7. Cubicles and partitions in kitchens ... ... ... ... ... ... ... ... ... ... CF 2

8. Offences and penalties ... ... ... ... ... ... ... ... ... ... ... ... ... CF 2
9. Amendment of Schedule... ... ... ... ... ... ... ... ... ... ... ... CF 3
10. Name in which proceedings for offences may be brought ... ... ... ... ... CF 3

Schedule ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...------CF 3





VENTILATION (URBAN COUNCIL) BY-LAWS

(Cap. 132, section 88)

[23 June 1961.1

1. These by-laws may be cited as the Ventilation (Urban
Council) By-laws.

2. These by-laws apply to the Urban Council area only.

3. In these by-laws, unless the context otherwise requires-

'building' means-

(a)any building, or any part of any building, which is used for
human habitation;

(b) any workplace, shop or office; and

(e)any building, or any part of any building, in which there is
carried on any business for the time being specified in the
Schedule;

'Council' means the Urban Council;

'Iworkplace' does not include a vessel.

4. Save with the permission in writing of the Council, no
person shall erect or place or maintain, or cause to be erected or
placed or maintained, in any open space any obstacle to the access of
ventilation or light to any building, or any part of any building.

5. No person shall, by erecting or maintaining any structure
or fitting whatsoever or by the placing of any household goods or
merchandise, obstruct any window of any building or any part of
any building.

6. No person shall erect or maintain, or cause to be erected
or maintained, any partition which adjoins any cubicle or other
partitioned space in any building, or any part of any building, used
for human habitation and which is so constructed that any part
thereof reaches to within 900 mm of the ceiling, or 50 mm of the
floor, of the room, compartment or veranda within which it is
constructed or, in any event, exceeds 1 800 mm in height.

7. No person shall erect or maintain, or cause to be erected or
maintained, any cubicle or partition in any kitchen.

8. Any person who contravenes any of the provisions of
by-law 4, 5, 6 or 7 shall be guilty of an offence and shall be liable on
summary conviction to a fine of $500 and to imprisonment for 14

days and, where the offence is a cohtinuing offence, shall be liable in





addition to a fine of $10 for each day during which it is proved to the
satisfaction of the court that the offence has continued.

9. The Council may by order amend, or add any business to
or delete any business from, the Schedule.

10. Without prejudice to the provisions of any other enact-
ment relating to the prosecution of criminal offences and without
prejudice to the powers of the Attorney General in relation to the
prosecution of such offences, prosecutions for an offence under any
of the provisions of these by-laws may be brought in the name of the
Council.

SCHEDULE

Item Nature of business
1. Hairdressing.
G.N.A. 72/61. G.N.A.58/62. L.N. 105/65. L.N.89/79. 10 of 1986. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. L.N. 105/65. Schedule. Obstruction to ventilation or light. G.N.A. 58/62. Obstruction to windows G.N.A. 58/62. Cubicles and partitions. L.N. 89/79. Cubicles and partitions in kitchens. Offences and penalties. Amendment of Schedule. Name in which proceedings for offences may be brought.

Abstract

G.N.A. 72/61. G.N.A.58/62. L.N. 105/65. L.N.89/79. 10 of 1986. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. L.N. 105/65. Schedule. Obstruction to ventilation or light. G.N.A. 58/62. Obstruction to windows G.N.A. 58/62. Cubicles and partitions. L.N. 89/79. Cubicles and partitions in kitchens. Offences and penalties. Amendment of Schedule. Name in which proceedings for offences may be brought.

Identifier

https://oelawhk.lib.hku.hk/items/show/2645

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

3
]]>
Tue, 23 Aug 2011 18:09:35 +0800
<![CDATA[VENTILATION OF SCHEDULED PREMISES (URBAN COUNCIL) BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/2644

Title

VENTILATION OF SCHEDULED PREMISES (URBAN COUNCIL) BY-LAWS

Description






VENTILATION OF SCHEDULED PREMISES (URBAN
COUNCIL) BY-LAWS

ARRANGEMENT OF BY-LAWS

By-law Page
1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... CE 2
2. Application ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... CE 2
3. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... CE 2
4. Requirements with respect to ventilating systems ... ... ... ... ... ... ... CE2
5. Ventilating system to be kept in operation, etc. ... ... ... ... ... ... ... CE 4
6. Annual inspection of dampers, filters and precipitators ... ... ... ... ... ... CE 4
7. Cleaning of filters ... ... ... ... ... ... ... ... ... ... ... ... ... ... CE 5
8. Ventilation of kitchens, etc . ... ... ... ... ... ... ... ... ... ... ... ... CE 5
9. Electric motors to form part of ventilating system ... ... ... ... ... ... ... CE 5

10. Pipings or apparatus containing certain refrigerants not to be situated within air
stream of ventilating system ... ... ... ... ... ... ... ... ... ... ... CE 5

11. Requirements with respect to ventilating systems in scheduled premises used for
stage performances ... ... ... ... ... ... ... ... ... ... ... ... ... CE 5

12. Log books to be kept to record reading of fused running hour meters in theatres
and cinemas ... ... ... ... ... ... ... ... ... ... ... ... ... ... CE 5
13. Power of licensing authority to revoke licence of scheduled premises in certain
cases ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... CE 6
14. Offences and penalties ... ... ... ... ... ... ... ... ... ... ... ... ... CE6

15. Name in which proceedings for offences may be brought ... ... ... ... ... CE 7





VENTILATION OF SCHEDULED PREMISES (URBAN
COUNCIL) BY-LAWS

(Cap. 132, section 94A)

[26 November 1977.1

1. These by-laws may be cited as the Ventilation of Scheduled
Premises (Urban Council) By-laws.

2. These by-laws apply to the Urban Council area only.

3. In these by-laws, unless the context otherwise requires-

'Council' means the Urban Council;

'licensing authority' has the meaning assigned in section 93(5) of
the Ordinance.

4. (1) Save as provided in paragraph (2) and section 101 of
the Ordinance, every ventilating system in any scheduled premises
shall comply with the following provisions-

(a) all moving parts thereof shall be securely fenced;

(b)every part thereof shall be accessible for the purposes of
inspection, and, in particular-
(i) the spindle of every fan shall be so sited that its
guard may be removed and a tachometer applied thereto;
and
(ii) every air intake and exhaust shall be accessible for
the purposes of measurement;

(c)no air intake for the ventilating system shall be sited in any
place-
(i) which constitutes a fire hazard in the opinion of the
Director of Fire Services;
(ii) where waste or rubbish is likely to accumulate; or
(iii) where the air is for any reason impure or likely to
become impure;

(d)the opening of every air intake shall be fitted with a screen
constructed of corrosion-resistant material having a mesh
not greater than 12 mm;

(e) an air intake damper shall be-
(i) adjusted to a setting approved by the Council;
(ii) marked indelibly to indicate the approved setting;
and
(iii) secured against interference;





no exhaust from the ventilating system shall be sited in any
place where it causes, or is likely to cause, annoyance or
inconvenience to the public;

(g) every duct shall-
(i) be wholly constructed of non-combustible material
having a strength and durability similar to that of galva-
nized sheet iron or steel;
(ii) be accessible for the purposes of cleaning through-
out its entire length;
(iii) where its size is sufficient to allow any person to
enter therein, be fitted with access openings to allow a
person to enter the same for the purpose of cleaning, and
shall be constructed to bear the weight of any person who
has so entered;
(iv) be provided with a smooth and impervious internal
surface;
(v) where it passes through any floor, wall or ceiling, be
fitted with a damper which shall be operated by fusible
links of a type approved by the Director of Fire Services,
and designed to operate up to a temperature of 69'C, and
be so constructed or protected as to resist the action of fire
for a period not less than the period for which the floor,
wall or ceiling through which it passes is designed to resist
the action of fire;

(h) no duct shall serve more than one building;

(i) an air filter shall be-
(i) constructed wholly of non-combustible material,
other than steel wool;
(ii) of a design approved by the Council; and
(iii) installed in such manner that all incoming air
passes through it before being distributed within the
premises;

(j)every electrostatic filter or precipitator shall be of a type
approved by the Director of Fire Services;

(k)every blower fan shall be fitted with a fused running hour
meter connected to the load side of the fan contactor with a
device for recording time in minutes and hours or tenths or
lesser fractions of an hour;

(1)each fused running hour meter shall be sited in an easily
accessible and conspicuous place to facilitate inspection;

(m)each set of filters in a ventilating system shall be indicated
by a filter gauge, filter flag indicator or differential pressure
switch;





(n)filters shall be cleaned or replaced when the filter gauge,
filter flag indicator or diflerential pressure switch shows an
increase of 50 pascals over the designed air filter pressure
drop; and

(o)a filter flag indicator shall indicate 'dirty' when there is an
increase of 50 pascals over the designed air filter pressure
drop.

(2) Where it thinks fit and subject to such conditions as it may
specify, the Council may exempt any ventilating system in respect of
which application in writing in that behalf is made from compliance
with, all or any of the requirements of paragraph (1).

5. (1) Every ventilating system provided pursuant to the
requirements of a notice given under the provisions of subsection (1)
or (2) of section 93 of the Ordinance shall, at all times when the
premises for which it is provided are open to the public, be kept in
operation so as to provide, respectively, the amount of outside air
required to be provided by the provisions of subsection (1) or the
notice given under the provisions of subsection (2).

(2) Every ventilating system provided in any scheduled prem-
ises otherwise than pursuant to the requirements of a notice given
under the provisions of subsection (1) or (2) of section 93 of the
Ordinance shall, at all times when the premises are open to the
public, be kept fully in operation.

(3) Where the ventilation of any scheduled premises is derived
wholly or partly from natural ventilation, the natural ventilation
shall, at all times when the premises are open to the public, be kept
free from obstruction.

6. (1) Every damper, filter and precipitator in any ventilat-
ing system that embodies the use of ducting or trunking in any
scheduled premises shall be inspected at intervals not exceeding 12
months by a registered ventilation contractor.

(2) A registered ventilation contractor who inspects any
ventilating system under this by-law shall within 14 days of such
inspection issue to the person on whose instructions the inspection
was carried out a certificate and send a copy thereof to the Director
of Fire Services.

(3) A certificate issued under paragraph (2) shall state-

(a) the address at which the inspection was carried out;

(b)whether or not the dampers, filters and precipitators are in
safe and efficient working order; and

(c)the name and address of the registered ventilation contrac-
tor who carried out the inspection.





7. Every filter in a ventilating system in scheduled premises
shall be cleaned to the satisfaction of the Council at intervals not
exceeding 14 days.

8. A ventilating system, which shall be independent of any
ventilating system provided for the public parts of any scheduled
premises, shall be provided for the kitchens, latrines and any other
parts of such premises as may be considered necessary by the
Council.

9. (1) Electric motors and other apparatus shall not be
installed in any air duct or in the air stream of any ventilating system
unless they form part of the ventilating system.

(2) Electric motors and other apparatus forming part of the
ventilating system-

(a)shall be totally enclosed in a way to exclude dust and dirt;
and

(b)if they are installed in an air-input duct, shall be of such
design that, in the event of overheating, smoke will not be
discharged into the air stream.

10. (1) Pipings or apparatus containing a refrigerant having
inflammable, toxic or irritant properties shall not be situated within
the air stream of any ventilating system in scheduled premises.

(2) Notwithstanding paragraph (1), the Council may permit in
a ventilating system the use of a refrigerant referred to in that
paragraph if the air is cooled by indirect means.

11. Scheduled premises used for stage performances shall be so
ventilated that-

(a)during performances the direction of air movement is from
the auditorium to the stage;

(b)extract openings (if provided) from the stage shall be at a
high level and above the stage grid; and

(c)any mechanical air-input system serving a stage with a
safety curtain shall be entirely independent of the audi-
torium air-input system.

12. (1) Where a theatre or cinema is provided with a ventilat-
ing system, the reading of every fused running hour meter shall be
correctly recorded in a log book at the beginning and end of each
performance.

(2) The log book shall be retained for not less than 2 months
and shall be available for inspection by the Council at all reasonable
times.





13. The licensing authority may revoke the licence issued or
granted by it in respect of any scheduled premises, either temporarily
or permanently, in the following cases-

(a)in the event of any contravention in respect of the ventilat-
ing system provided for such premises of any of the
provisions of by-law 4, 5, 7, 8, 9 or 10;

(b)in the event of any contravention of any of the provisions
of by-law 11 or 12;

(c)in the event of any failure to comply with the conditions
imposed under the provisions of by-law 4(2);

(d)where the Director of Fire Services receives a certificate
under the provisions of by-law 6(2) specifying that the
dampers, filters and precipitators, or any of them, of the
ventilating system provided for such premises are not in
safe and efficient working order;

(e)where the Director of Fire Services is satisfied that the
dampers, filters and precipitators, or any of them, of the
ventilating system provided for such premises have not
been inspected in accordance with the provisions of
by-law 6(1);

if, at any time, the Director of Fire Services is of the
opinion that the ventilating system provided for such
premises, or any part of such ventilating system, is not
in safe and efficient working order.

14. (1) Any licensee or owner of any scheduled premises
who-

(a)fails to comply with any conditions imposed under
by-law 4(2);

(b)fails to keep the ventilating system provided therefor in
operation in accordance with the provisions of by-law 5(1)
or (2), as the case may be;

(c)fails to keep the natural ventilation free from obstructions
in accordance with the provisions of by-law 5(3),

shall be guilty of an offence and shall be liable on conviction to a fine
of $2,000 and imprisonment for 3 months.

(2) Any person who-

(a)alters or tampers with the approved setting of an air intake
damper as provided under by-law 4(1)(e); or

(b)interferes with the proper functioning of the instruments in
any ventilating system in scheduled premises,





with intent to deceive the Council or any public officer authorized in
writing by the Council to exercise the powers conferred by the
Ordinance or these by-laws shall be guilty of an offence and shall
be liable on conviction to a fine of $2,000 and imprisonment for
3 months.

(3) Any person who-

(a) contravenes by-law 6(2); or

(b)makes or causes to be made in a certificate issued under
by-law 6(2) a statement which he knows or reasonably
ought to know to be false in a material particular,

shall be guilty of an offence and shall be liable on conviction to a fine
of $2,000 and imprisonment for 3 months.

(4) For the purposes of paragraph (1), 'owner' means any
person in control of the scheduled premises whether as tenant
thereof or under any licence from a tenant thereof.

15. Without prejudice to the provisions of any other enact-
ment relating to the prosecution of criminal offences and without
prejudice to the powers of the Attorney General in relation to the
prosecution of such offences, prosecutions for an offence under any
of the provisions of these by-laws may be brought in the name of the
Council.
L.N. 260/77. L.N. 301/82. 10 of 1986. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. Requirements with respect to ventilating systems L.N. 301/82. Ventilating system to be kept in operation, etc. Annual inspection of dampers, filters and precipitators. Cleaning of filters. Ventilation of kitchens, etc. Electric motors to form part of ventilating system. Pipings or apparatus containing certain refrigerants not to be situated within air stream of ventilating system. Requirements with respect to ventilating systems in scheduled premises used for stage performances. Log books to be kept to record reading of fused running hour meters in theatres and cinemas. Power of licensing authority to revoke licence of scheduled premises in certain cases. Offences and penalties. Name in which proceedings for offences may be brought.

Abstract

L.N. 260/77. L.N. 301/82. 10 of 1986. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. Requirements with respect to ventilating systems L.N. 301/82. Ventilating system to be kept in operation, etc. Annual inspection of dampers, filters and precipitators. Cleaning of filters. Ventilation of kitchens, etc. Electric motors to form part of ventilating system. Pipings or apparatus containing certain refrigerants not to be situated within air stream of ventilating system. Requirements with respect to ventilating systems in scheduled premises used for stage performances. Log books to be kept to record reading of fused running hour meters in theatres and cinemas. Power of licensing authority to revoke licence of scheduled premises in certain cases. Offences and penalties. Name in which proceedings for offences may be brought.

Identifier

https://oelawhk.lib.hku.hk/items/show/2644

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

7
]]>
Tue, 23 Aug 2011 18:09:34 +0800
<![CDATA[VENTILATION OF SCHEDULED PREMISES (REGIONAL COUNCIL) BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/2643

Title

VENTILATION OF SCHEDULED PREMISES (REGIONAL COUNCIL) BY-LAWS

Description






VENTILATION OF SCHEDULED PREMISES
(REGIONAL COUNCIL) BY-LAWS

ARRAM;EMENT OF BY-LAWS

By-law Page
1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... CD 2
2. Application ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... CD 2
3. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... CD2
4. Requirements with respect to ventilating systems ... ... ... ... ... ... ... CD 2
5. Ventilating system to be kept in operation, etc . ... ... ... ... ... ... ... CD 4
6. Annual inspection of dampers, filters and precipitators ... ... ... ... ... CD 4
7. Cleaning of filters ... ... ... ... ... ... ... ... ... ... ... ... ... ... CD 4
8. Ventilation of kitchens, etc . ... ... ... ... ... ... ... ... ... ... ... CD 5
9. Electric motors to form part of ventilating system ... ... ... ... ... ... CD 5
10. Pipings or apparatus containing certain refrigerants not to be situated within air
stream of ventilating system ... ... ... ... ... ... ... ... ... ... ... CD 5
11. Requirements with respect to ventilating systems in scheduled premises used for
stage performances ... ... ... ... ... ... ... ... ... ... ... ... ... CD 5
12. Log books to be kept to record reading of fused running hour meters in theatres
and cinemas ... ... ... ... ... ... ... ... ... ... ... ... ... ... CD 5
13. Power of licensing authority to revoke licence of scheduled premises in certain
cases ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... CD 5
14. Offences and penalties ... ... ... ... ... ... ... ... ... ... ... ... ... CD 6
15. Name in which proceedings for offences may be brought ... ... ... ... ... CD7





VENTILATION OF SCHEDULED PREMISES
(REGIONAL COUNCIL) BY-LAWS

(Cap. 132, section 94A)

[26 November 1977.]

1. These by-laws may be cited as the Ventilation of Scheduled
Premises (Regional Council) By-laws.

2. These by-laws apply to the Regional Council area only.

3. In these by-laws, unless the context otherwise requires-

'Council' means the Regional Council;

'licensing authority' has the meaning assigned in section 93(5) of
the Ordinance.

4. (1) Save as provided in paragraph (2) and section 101 of
the Ordinance, every ventilating system in any scheduled premises
shall comply with the following provisions-

(a) all moving parts thereof shall be securely fenced;

(b)every part thereof shall be accessible for the purposes of
inspection, and, in particular-
(i) the spindle of every fan shall be so sited that its
guard may be removed and a tachometer applied thereto;
and
(ii) every air intake and exhaust shall be accessible for
the purposes of measurement;

(e)no air intake for the ventilating system shall be sited in any
place-
(i) which constitutes a fire hazard in the opinion of the
Director of Fire Services;
(ii) where waste or rubbish is likely to accumulate; or
(iii) where the air is for any reason impure or likely to
become impure;

(d)the opening of every air intake shall be fitted with a screen
constructed of corrosion-resistant material having a mesh
not greater than 12 mm;

(e) an air intake damper shall be-
(i) adjusted to a setting approved by the Council;
(ii) marked indelibly to indicate the approved setting;
and
(iii) secured against interference;





no exhaust from the ventilating system shall be sited in any
place where it causes, or is likely to cause, annoyance or
inconvenience to the public;
(g) every duct shall-
(i) be wholly constructed of non-combustible material
having a strength and durability similar to that of gal-
vanized sheet iron or steel;
(ii) be accessible for the purposes of cleaning through-
out its entire length;
(iii) where its size is sufficient to allow any person to
enter therein, be fitted with access openings to allow a
person to enter the same for the purpose of cleaning, and
shall be constructed to bear the weight of any person who
has so entered;
(iv) be provided with a smooth and impervious internal
surface;
(v) where it passes through any floor, wall or ceiling, be
fitted with a damper which shall be operated by fusible
links of a type approved by the Director of Fire Services,
and designed to operate up to a temperature of 691C, and
be so constructed or protected as to resist the action of fire
for a period not less than the period for which the floor,
wall or ceiling through which it passes is designed to resist
the action of fire;
(h) no duct shall serve more than one building;
(i) an air filter shall be-
(i) constructed wholly of non-combustible material,
other than steel wool;
(ii) of a design approved by the Council; and
(iii) installed in such manner that all incoming air
passes through it before being distributed within the
premises;
(j)every electrostatic filter or precipitator shall be of a type
approved by the Director of Fire Services;
(k)every blower fan shall be fitted with a fused running hour
meter connected to the load side of the fan contactor with a
device for recording time in minutes and hours or tenths or
lesser fractions of an hour;
(1)each fused running hour meter shall be sited in an easily
accessible and conspicuous place to facilitate inspection;
(m)each set of filters in a ventilating system shall be indicated
by a filter gauge, filter flag indicator or differential pressure
switch;
(n)filters shall be cleaned or replaced when the filter gauge,
filter flag indicator or differential pressure switch shows an
increase of 50 pascals over the designed air filter pressure
drop; and





(o)a filter flag indicator shall indicate 'dirty' when there is an
increase of 50 pascals over the designed air filter pressure
drop.

(2) Where it thinks fit and subject to such conditions as it may
specify, the Council may exempt any ventilating system in respect of
which application in writing in that behalf is made from compliance
with all or any of the requirements of paragraph(l).

5. (1) Every ventilating system provided pursuant to the
requirements of a notice given under the provisions of subsection (1)
or (2) of section 93 of the Ordinance shall, at all times when the
premises for which it is provided are open to the public, be kept in
operation so as to provide, respectively, the amount of outside air
required to be provided by the provisions of subsection (1) or the
notice given under the provisions of subsection (2).

(2) Every ventilating system provided in any scheduled
premises otherwise than pursuant to the requirements of a notice
given under the provisions of subsection (1) or (2) of section 93 of
the Ordinance shall, at all times when the premises are open to the
public, be kept fully in operation.

(3) Where the ventilation of any scheduled premises is derived
wholly or partly from natural ventilation, the natural ventilation
shall, at all times when the premises are open to the public, be kept
free from obstruction.

6. (1) Every damper, filter and precipitator in any ventilat-
ing system that embodies the use of ducting or trunking in any
scheduled premises shall be inspected at intervals not exceeding 12
months by a registered ventilation contractor.

(2) A registered ventilation contractor who inspects any
ventilating system under this by-law shall within 14 days of such
inspection issue to the person on whose instructions the inspection
was carried out a certificate and send a copy thereof to the Director
of Fire Services.

(3) A certificate issued under paragraph (2) shall state-

(a) the address at which the inspection was carried out;

(b)whether or not the dampers, filters and precipitators are in
safe and efficient working order; and

(e)the name and address of the registered ventilation contrac-
tor who carried out the inspection.

7. Every filter in a ventilating system in scheduled premises
shall be cleaned to the satisfaction of the Council at intervals not
exceeding 14 days.





8. A ventilating system, which shall be independent of any
ventilating system provided for the public parts of any scheduled
premises, shall be provided for the kitchens, latrines and any other
parts of such premises as may be considered necessary by the
Council.

9. (1) Electric motors and other apparatus shall not be
installed in any air duct or in the air stream of any ventilating system
unless they form part of the ventilating system.
(2) Electric motors and other apparatus forming part of the
ventilating system-
(a)shall be totally enclosed in a way to exclude dust and dirt;
and
(b)if they are installed in an air-input duct, shall be of such
design that, in the event of overheating, smoke will not be
discharged into the air stream.

10. (1) Pipings or apparatus containing a refrigerant having
inflammable, toxic or irritant properties shall not be situated within
the air stream of any ventilating system in scheduled premises.
(2) Notwithstanding paragraph (1), the Council may permit in
a ventilating system the use of a refrigerant referred to in that
paragraph if the air is cooled by indirect means.

11. Scheduled premises used for stage performances shall be so
ventilated that-
(a)during performances the direction of air movement is
from the auditorium to the stage;
(b)extract openings (if provided) from the stage shall be at a
high level and above the stage grid; and
(c)any mechanical air-input system serving a stage with a
safety curtain shall be entirely independent of the audi-
torium air-input system.

12. (1) Where a theatre or cinema is provided with a ventilat-
ing system, the reading of every fused running hour meter shall be
correctly recorded in a log book at the beginning and end of each
performance.
(2) The log book shall be retained for not less than 2 months
and shall be available for inspection by the Council at all reasonable
times.

13. The licensing authority may revoke the licence issued or
granted by it in respect of any scheduled premises, either temporarily
or permanently, in the following cases-
(a)in the event of any contravention in respect of the ventilat-
ing system provided for such premises of any of the
provisions of by-law 4, 5, 7, 8, 9 or 10;





(b)in the event of any contravention of any of the provisions
of by-law 11 or 12;

(c)in the event of any failure to comply with any conditions
imposed under the provisions of by-law 4(2);

(d)where the Director of Fire Services receives a certificate
under the provisions of by-law 6(2) specifying that the
dampers, filters and precipitators, or any of them, of the
ventilating system provided for such premises are not in
safe and efficient working order;

(e)where the Director of Fire Services is satisfied that the
dampers, filters and precipitators, or any of them, of the
ventilating system provided for such premises have not
been inspected in accordance with the provisions of
by-law 6(1);

if, at any time, the Director of Fire Services is of the
opinion that the ventilating system provided for such
premises, or any part of such ventilating system, is not in
safe and efficient working order.

14. (1) Any licensee or owner of any scheduled premises
who-

(a)fails to comply with any conditions imposed under
by-law 4(2);

(b)fails to keep the ventilating system provided therefor in
operation in accordance with the provisions of by-law 5(1)
or (2), as the case may be;

(c)fails to keep the natural ventilation free from obstructions
in accordance with the provisions of by-law 5(3),

shall be guilty of an offence and shall be liable on conviction to a fine
of $2,000 and imprisonment for 3 months.

(2) Any person who-

(a)alters or tampers with the approved setting of an air intake
damper as provided under by-law 4(1)(e); or

(b)interferes with the proper functioning of the instruments in
any ventilating system in scheduled premises,

with intent to deceive the Council or any public officer authorized
in writing by the Council to exercise the powers conferred by the
Ordinance or these by-laws shall be guilty of an offence and shall
be liable on conviction to a fine of $2,000
, and imprisonment for
3 months.

(3) Any person who-

(a) contravenes by-law 6(2); or





(b)makes or causes to be made in a certificate issued under
by-law 6(2) a statement which he knows or reasonably
ought to know to be false in a material particular,

shall be guilty of an offence and shall be liable on conviction to a fine
of 52-,0% and imprisonment for 3 months.
111 r(I7r
(4) For the purposes of paragraph (1), 'owner' means any
person in control of the scheduled premises whether as tenant
thereof or under any licence from a tenant thereof.

15. Without prejudice to the provisions of any other enact-
ment relating to the prosecution of criminal offences and without
prejudice to the powers of the Attorney General in relation to the
prosecution of such offences, prosecutions for an offence under any
of the provisions of these by-laws may be brought in the name of
the Council.
L.N. 287/76. L.N. 238/77. L.N. 236/82. L.N. 67/185. 10 of 1986. L.N. 287/77. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. 10 of 1986, s. 32(2). Requirements with respect to ventilating systems. 10 of 1986, s. 32(2). L.N. 238/77. L.N. 236/82. L.N. 238/77. L.N. 238/77. Ventilating system to be kept in operation, etc. annual inspection of dampers, filters and precipitators. 10 of 1986, s. 32(2). Cleaning of filters. 10 of 1986, s. 32(2). Ventilation of kitchens, etc. 10 of 1986, s. 32(2). Electric motors to form part of ventilating system. Pipings or apparatus containing certain refrigerants not to be situated within air stream of ventilating system. 10 of 1986, s. 32(2). Requirements with respect to ventilating systems in scheduled premises used for stage performances. Log books to be kept to record reading of fused funning hour meters in theatres and cinemas. 10 of 1986, s. 32(2). Power of licensing authority to revoke licence of scheduled premises in certain cases. 10 of 1986, s. 32(2). offences and penalties. 10 of 1986, s. 32(2). Name in which proceedings for offences may be brought. 10 of 1986, s. 32(2).

Abstract

L.N. 287/76. L.N. 238/77. L.N. 236/82. L.N. 67/185. 10 of 1986. L.N. 287/77. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. 10 of 1986, s. 32(2). Requirements with respect to ventilating systems. 10 of 1986, s. 32(2). L.N. 238/77. L.N. 236/82. L.N. 238/77. L.N. 238/77. Ventilating system to be kept in operation, etc. annual inspection of dampers, filters and precipitators. 10 of 1986, s. 32(2). Cleaning of filters. 10 of 1986, s. 32(2). Ventilation of kitchens, etc. 10 of 1986, s. 32(2). Electric motors to form part of ventilating system. Pipings or apparatus containing certain refrigerants not to be situated within air stream of ventilating system. 10 of 1986, s. 32(2). Requirements with respect to ventilating systems in scheduled premises used for stage performances. Log books to be kept to record reading of fused funning hour meters in theatres and cinemas. 10 of 1986, s. 32(2). Power of licensing authority to revoke licence of scheduled premises in certain cases. 10 of 1986, s. 32(2). offences and penalties. 10 of 1986, s. 32(2). Name in which proceedings for offences may be brought. 10 of 1986, s. 32(2).

Identifier

https://oelawhk.lib.hku.hk/items/show/2643

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

7
]]>
Tue, 23 Aug 2011 18:09:33 +0800
<![CDATA[UNDERTAKERS OF BURIALS (URBAN COUNCIL) BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/2642

Title

UNDERTAKERS OF BURIALS (URBAN COUNCIL) BY-LAWS

Description






UNDERTAKERS OF BURIALS (URBAN COUNCIL) BY-LAWS

(Cap. 132, section 9213)

[20 December 1974.]

1. These by-laws may be cited as the Undertakers of Burials
(Urban Council) By-laws.

2. These by-laws apply to the Urban Council area only.

3. In these by-laws, unless the context otherwise requires-

'burial' includes cremation;

'Council' means the Urban Council;

'licence' means a licence to carry on the activity of an undertaker of
burials issued under section 92A of the Ordinance;

'undertaker of burials' means a person whose trade or business it is
to undertake all duties connected with the burial of human
cadavers and includes a funeral director.

4. (1) The fee for a licence shall be $4,200.

(2) A licence shall be valid for a period of 1 year from the date
of issue or such shorter period as may be stated in the licence.

5. An application for a licence shall be made in writing to the
Secretary of the Council.

6. If the Council is satisfied that a licence granted or trans-
ferred to any person-

(a) has been lost, destroyed or accidentally defaced; or

(b) requires amendment,

the Council may, upon payment of a fee of $60,issue to such persofi
a duplicate of the licence or make the amendment, as the case
may be.

7. The Council may refuse to grant or renew a licence, or may
revoke a licence granted, to a person if he is under the age of 21 years
or if, in the opinion of the Council, such refusal or revocation is in
the public interest.

8. No person shall alter, deface or make any erasure on a
licence, and no person shall use, or have in his possession with view-
to use, a licence on which an erasure has been made, or W ph has---
been wilfully altered or defaced in any way.





9. The holder of a licence shall not carry on the business of an
undertaker of burials at any other premises than those specified in
the licence.

10. (1) A licensed undertaker of burials shall keep a register
either in the Chinese or the English language in which shall be
recorded the following particulars-

(a) the name and address of the deceased;

(b) the age or approximate age of the deceased;

(c) the sex of the deceased;

(d) the date, place and cause of the death of the deceased;

(e)the date and number of the death certificate and of any
permit for the burial, cremation, import to or removal
from Hong Kong, as the case may be, of the remains of
the deceased;

the name and address of the medical practitioner (if any)
who certified as to the death of the deceased, and of the
person signing any permit for burial, cremation, import to
or removal from Hong Kong, as the case may be, of such
remains;

(g)the manner and place in which such remains were disposed
of.

(2) A licensed undertaker of burials shall cause every such
register to be open to inspection at any time by any health officer,
health inspector, police officer, member of the Council or any public
officer authorized for this purpose by the Council in writing.

11. Any person who contravenes the provisions of by-law 8, 9
or 10 shall be guilty of an offence and shall be liable on conviction to
a fine of -$1,000 and to imprisonment for 6 months.
'f_2 J-jr.'

12. The form of a licence shall be that in the Schedule.

13. [Spent]

14. Without prejudice to the provisions of any other enact-
ment relating to the prosecution of criminal offences and without
prejudice to the power of the Attorney General in relation to the
prosecution of such offences, prosecutions for an offence under any
of the provisions of these by-laws may be brought in the name of the
Council.





SCHEDULE [by-law 12.1
Licence No . .............................................
UNDERTAKERS LICENCE
Undertakers of Burials (Urban Council) By-laws
......................................................... of
is here ensed to undertake and perform burials of the dead in the cemeteries or
crematoria allotted for that purpose, until the day of
................. 1 19 inclusive, subject to the provisions
of the Public Health and Municipal Services Ordinance and relevant by-laws and to
such requirements and conditions as are notified to the licensee in writing.

Dated this ...day of ...........1 19

Secretary, Urban Council.
L.N. 267/74. L.N. 34/75. L.N. 293/77. L.N. 78/80. L.N. 97/81. L.N. 99/83. 10 of 1986. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. Licence, fee and term. L.N. 99/83. Applications for licence. Fee for duplicate and for amendment of Licences. L.N. 99/83. Refusals and revocations. defacing a licence. Premises not to be changed. Register. 10 of 1986, s. 32(2). Offences and penalties. Form. Schedule. Name in which proceedings of offences may be brought. L.N. 34/75. 10 of 1986, s. 32(2).

Abstract

L.N. 267/74. L.N. 34/75. L.N. 293/77. L.N. 78/80. L.N. 97/81. L.N. 99/83. 10 of 1986. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. Licence, fee and term. L.N. 99/83. Applications for licence. Fee for duplicate and for amendment of Licences. L.N. 99/83. Refusals and revocations. defacing a licence. Premises not to be changed. Register. 10 of 1986, s. 32(2). Offences and penalties. Form. Schedule. Name in which proceedings of offences may be brought. L.N. 34/75. 10 of 1986, s. 32(2).

Identifier

https://oelawhk.lib.hku.hk/items/show/2642

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

3
]]>
Tue, 23 Aug 2011 18:09:33 +0800
<![CDATA[UNDERTAKERS OF BURIALS (REGIONAL COUNCIL) BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/2641

Title

UNDERTAKERS OF BURIALS (REGIONAL COUNCIL) BY-LAWS

Description






UNDERTAKERS OF BURIALS (REGIONAL COUNCIL)
BY-LAWS
ap. 132, section 9213)
[1 June 1982.]

1. These by-laws may be cited as the Undertakers of Burials
(Regional Council) By-laws.

2. These by-laws apply to the Regional Council area only.

3. In these by-laws, unless the context otherwise requires-

'burial' includes cremation;

'CounciV means the Regional Council;

'licence' means a licence issued under section 92A of the Ordinance;

'undertaker of burials' means a person whose trade or business it
is to undertake all or any duties connected with the burial of
human cadavers and includes a funeral director.

4. (1) The fee for a licence shall be,$4,200 4~-

(2) A licence shall be valid for a period of 1 year from the
date of issue.

5. An application for a licence shall be made in writing to the
Council in the form prescribed by it.

6. If the Council is satisfied that a licence granted or trans-
ferred to any person-

(a) has been lost, destroyed or accidentally defaced; or

(b) requires amendment,

it may, upon payment of a fee of$60., issue to such person a
duplicate of the licence or make the amendment, as the case may be.

7. The Council may refuse to grant or renew a licence, or may
revoke a licence granted, to a person if he is under the age of 21
years or if, in the opinion of the Council, such refusal or revocation
(D

is in the public interest.

8. No person other than the Council shall alter, deface or
make any erasure on a licence, and no person shall use, or have in his
possession with a view to use, a licence which he knows has been
altered or defaced or on which he knows an erasure has been made,
other than by the Council.





9. The holder of a licence shall not, in carrying on the
business of an undertaker of burials, use any premises as a place of
business other than those specified in the licence.

10. (1) A licenced undertaker of burials shall keep a register
either in the Chinese or the English language in which he shall
correctly record the following particulars-

(a) the name and address of the deceased;

(b) the age or the approximate age of the deceased;

(e) the sex of the deceased;

(d) the date, place and cause of the death of the deceased;

(e)the date and number of the death certificate and of any
perin't for the burial, cremation, importation into or
removal from Hong Kong, as the case may be, of the
remains of the deceased;

the name and address of the medical practitioner (if any)
who certified as to the death of the deceased, and of the
person signing any permit for burial, cremation, importa-
tion into or removal from Hong Kong, as the case may be,
of such remains;

(g)the name and address of the person (if any) who has
undertaken to pay the charges (if any) to the undertaker of
burials;

(h) the method by which, and, as appropriate-
(i) the cemetery and space, plot or grave number; or
(ii) the crematorium; or
(iii) the location of the burial site,
where, such remains were finally disposed of.

(2) A licensed undertaker of burials shall cause every such
register to be open to inspection at all reasonable hours by any
health officer, health inspector, police officer or any public officer
authorized for this purpose by the Council in writing.

11. Any person who contravenes by-law 8, 9 or 10 commits
an offence and is liable to a fine of 5 ~, and to imprisonment
for 6 months. T -2,

12. The form of a licence shall be that in the Schedule.

13. Without prejudice to the provisions of any other enact-
ment relating to the prosecution of criminal offences and without
prejudice to the power of the Attorney General in relation to the
prosecution of such offences, prosecution for an offence under any
of the provisions of these by-laws may be brought in the name of
the Council.





SCHEDULE [by-law 12.]
Licence No . ..............................
UNDERTAKER's LICENCE
UNDERTAKERS OF BURIALS (REGIONAL COUNCIL) BY-LAWS

............ ....................... of
(Name a(Licensee) (address)

..........
is hereby licensed to conduct the business of an undertaker of burials at the following
place or places of business-

until the .............day of 19 inclusive, subject to the
provisions of the Public Health and Municipal Services Ordinance and relevant
by-laws and to such requirements and conditions as are notified to the licensee in
writing.

Date this .............day of 19

........................ ..................
Regional Council.
L.N.337/81. L.N. 213/83. L.N.67/85. 10 of 1986. L.N. 140/86. L.N. 178/82. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. 10 of 1986,s. 32(2). Licence, fee and term. L.N. 213/83. Application for licence. 10 of 1986, s. 32(2). Fee for duplicates, and for amendment of licence. 10 of 1986, s. 32(2). L.N. 213/83. Refusals and revocations. 10 of 1986, s. 32(2). Defacing a licence. 10 of 1986, s. 32(2). Premises not to be changed. Register. 10 of 1986, s. 32(2). Offences and penalties. 10 of 1986, s. 32(2). Form. Schedule. Name in which proceedings of offences may be brought. 10 of 1986, s. 32(2). L.N. 67/85. 10 of 1986, s. 32(2). L.N. 140/86.

Abstract

L.N.337/81. L.N. 213/83. L.N.67/85. 10 of 1986. L.N. 140/86. L.N. 178/82. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. 10 of 1986,s. 32(2). Licence, fee and term. L.N. 213/83. Application for licence. 10 of 1986, s. 32(2). Fee for duplicates, and for amendment of licence. 10 of 1986, s. 32(2). L.N. 213/83. Refusals and revocations. 10 of 1986, s. 32(2). Defacing a licence. 10 of 1986, s. 32(2). Premises not to be changed. Register. 10 of 1986, s. 32(2). Offences and penalties. 10 of 1986, s. 32(2). Form. Schedule. Name in which proceedings of offences may be brought. 10 of 1986, s. 32(2). L.N. 67/85. 10 of 1986, s. 32(2). L.N. 140/86.

Identifier

https://oelawhk.lib.hku.hk/items/show/2641

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

3
]]>
Tue, 23 Aug 2011 18:09:32 +0800
<![CDATA[SWIMMING POOLS (URBAN COUNCIL) BYLAWS]]> https://oelawhk.lib.hku.hk/items/show/2640

Title

SWIMMING POOLS (URBAN COUNCIL) BYLAWS

Description






SWIMMING POOLS (URBAN COUNCIL) BYLAWS

ARRANGEMENT OF BYLAWS

Bylaw Page
1. Citation .............................CA2
2. Application ..........................CA 2
3. Interpretation .......................CA 2
4. Prohibition of unlicensed swimming pools, etc . CA 3
5. Application for licence ..............CA3

6. Conditions for issue of licence ..................................................................... CA 4
7. Restriction on alterations after grant of a licence CA 5
8. Safety precautions relating to electrical equipment CA 5
9. Changing of water ....................CA 5
10. Quality of water . ..................CA 6
11. Annual emptying of swimming pools ...CA 6
12. Life saving and first aid attendants CA 6
13. General repair and cleanliness of pool, equipment and premises CA 6
14. Prevention of spitting ..............CA 7
is. Sterilization of bathing costumes and towels CA 7
16. Exclusion of persons suffering from certain diseases CA 7
17. Fees ................................CA7
18. Offences and penalties ..............CA 8
19. Name in which proceedings for offences may be brought CA 8





SWIMMING POOLS (URBAN COUNCIL) BYLAWS

(Cap. 132, section 42)
[3 March 19611

G.N.A. 31 of 1961 - G.N.A. 119 of 1961, L.N. 40 of 1963, 21 of 1973, L.N. 283 of 1975, L.N. 89 of
1979, L.N. 77 of 1980, L.N. 96 of 1981, L.N. 96 of 1983, L.N. 58 of 1985, 10 of 1986, R. Ed.
1986, L.N. 318 of 1987, LN. 381 of 1987, L.N. 123 of 1988, 1_pi -.% 140

1. Citation

These bylaws may be cited as the Swimming Pools (Urban Council)
Bylaws.
(10 of 1986 s. 32(2)

2. Application

(1) These bylaws apply to the Urban Council area only.
(2) These bylaws do not apply to any swimming pool-
(a) which is owned or managed by the Council; or
(b)which serves not more than 20 residential units and to which the
public have no access.
(L.N. 123 of 1988)

3. Interpretation

(1) In these bylaws, unless the context otherwise requires-
communicable disease' includes amoebiasis, cerebrospinal meningitis, cholera,
diphtheria, dysentery, enteric fever, gastroenteritis, acute inflammation of
the throat, infectious hepatitis, leprosy, any form of tinea infection,
tuberculosis, poliomyelitis, pediculosis, scabies, scarlet fever, smallpox,
any venereal disease or any generalized skin infection, trachoma, acute
conjunctivitis and any other disease which the Council may, from time to
time, declare to be a communicable disease for the purposes of these
bylaws;
'Council' means the Urban Council;
residential uniC means a separate household unit in a building constructed,
used or intended to be used wholly for the purpose of human habitation;
(L.N. 123 of 1988)
swimming pool' and 'pool' means any artificially constructed pool used for
swimming or bathing and to which the public have access (whether on
payment or otherwise) or which is operated by any club, institution,
association or other organization. (L.N. 40 of 1963)





(2) Whenever the Council declares any disease to be a communicable
disease for the purposes of these bylaws, a notification of such declaration shall
be published in the Gazette.

4. Prohibition of unlicensed swinuning pools, etc.

(1) Save under and in accordance with a licence granted by the Council,
no person shall establish or maintain a swimming pool.
(2) No person shall take any part in the management of a swimming pool
the establishment or maintenance of which has not been licensed.

5. Application for licence

(1) Every application for any such licence shall be made in writing,
addressed to the Secretary of the Council, and shall be accompanied by 3 copies
of a plan, as nearly as may be to scale, of the swimming pool and the whole of
the precincts thereof, and such plan shall include the following particulars-
(a) the size and design of the pool;
(b) the depth of water in all parts of the pool;
(c) the position and size of all scum gutters;
(d) all drainage and intake vents;
(e) the position of any filtration or purification plant;
the position of any permanent steps or ladders leading into the
pool and any hand rails or like fittings of a permanent nature
provided for the use of bathers;
(g)the position, height and type of any diving boards, chutes, rings
or like fittings of a permanent nature provided for the use of
bathers;
(h)the layout of any paths or open spaces surrounding or adjacent
to the pool, together with the means of entry to and exit from the
immediate precincts of the pool;
(i)the layout of any dressing rooms, wash rooms, showers, foot
baths, latrines, canteens, stalls or other structures ancillary to the
swimming pool; and
(j) every part of the drainage system.
(2) Every plan submitted for approval pursuant to the provisions of
paragraph (1) shall be accompanied by a statement in writing declaring-
(a) the source of the water with which the pool will be filled;
(b)the type and capacity of any filtration or purification plant which
is provided; and
(c)the material used for surfacing the internal surfaces of the pool
and any sidewalk or standing space immediately adjoining the
rim of the pool.





(3) Every plan, or any modification thereof, which is approved by the
Council shall be endorsed to that effect by the Secretary of the Council, and 1
copy shall be returned to the applicant and the remaining 2 copies shall be
retained by the Council.

6. Conditions for issue of licence
(1) No such licence shall be granted unless the Council is satisfied in
relation to the swimming pool in respect of which the application for such
licence was made, and in relation to the premises pertaining to such swimming
pool, that-
(a)the plan referred to in bylaw 5 has been approved by the Council
and the swimming pool conforms thereto;
(b)the source of the water with which the pool will be filled is
suitable;
(c)the underwater surfaces of the pool are made of impervious
material and sufficiently smoothed to prevent undue accumula-
tion of dirt;
(d)every junction between a horizontal surface and a vertical surface
inside the swimming pool is coved;
(e)the pool is fitted with scum gutters of suitable size and adequate
drainage;
sidewalks, not less than 1.2 m in width and paved or covered with
suitable non-slip material, are provided on all sides of the pool,
and such sidewalks are laid with falls away from the edge of the
pool and drained to channels laid to falls; (L.N. 89 of 1979)
(g)all parts of the floor of any dressing room and any room
containing any shower, bath, foot bath or latrine are readily
accessible for cleaning and are surfaced with impervious material
and coved at their junction with any wall;
(h)not less than one watercloset is provided for every 25 persons
who may be accommodated in the pool and not less than one
urinal, fitted with a splash plate, is provided for every 50 such
persons:
Provided that, where the Council is satisfied that sufficient
water for flushing purposes is not available or cannot reasonably
be obtained, the Council may accept equivalent dry latrine
accommodation;
(i)the pool is provided with filtration or purification plant, or other
means of purifying the water therein, capable of maintaining the
purity of such water at all times to a standard not less than B.
coliabsentin 100 CM3 of water;
(j)the filtration or purification plant, or other means provided for
purifying the water in the pool, is capable of changing the water





in the pool, either by circulation through a filtration system or by
renewing the water from source, not less than once in every 4
hours in the case of a covered pool or once in every 6 hours in the
case of an open air pool; and
(k) where underwater electric lighting is provided-
(i) all underwater lights are supplied at a voltage not exceeding
25;
(ii) such low voltage supply is given by a double wound
transformer in an earthed metal casing, with the centre point
of the low voltage winding earthed and the transformer
located at a safe distance from the pool and completely
inaccessible to bathers; and
(iii) all wiring from the transformer to the underwater lights
is carried out in screwed galvanized conduit or mineral
insulated copper covered cable.
(2) For the purposes of paragraph (1)(h), the number of persons who may
be accommodated in any swimming pool shall be based on the maximum
capacity of the pool and determined at the rate of one person for every 3 m' of
the water surface of the pool. (L.N. 89 of 1979)

7. Restriction on alterations after grant of a licence
After the grant or renewal of any such licence, no licensee shall, save with
the permission in writing of the Council, cause or permit to be made in respect
of the swimming pool to which the licence relates-
(a)any alternation or addition which would result in a material
deviation for the plan approved under bylaw 5; or
(b)any material alteration in respect of any matter referred to in
bylaw 6.

8. Safety precautions relating to electrical equipment
No person shall place, or permit to he placed, any electrical equipment,
fitting or wiring in such a position that it is likely to-
(a) come into contact with the water in any swimming pool; or
(b)be accessible to any person bathing in any swimming pool or
standing on any part of the sidewalk surrounding any swimming
pool or on any diving board, chute or other like structure used by
bathers.

9. Changing of water
Every licensee of a swimming pool shall, at all times during which the
swimming pool is in use by bathers, cause the water therein to be completely
changed by circulation through a filtration system or by renewal from source-





(a)in the case of a covered pool, not less than once in every 4 hours;
and
(b)in the case of an open air pool, not less than once in every 6
hours.

10. Quality of water

Every licensee of a swimming pool shall cause the water therein to be
maintained at all times to a standard-
(a) of purity, not less than B. coli absent in 100 cin' of water; and
(b)of clarity, such that a black and white object, not less in size than
100 mm square or, if such object is round, 100 min in diameter,
placed on the bottom of the swimming pool at the deepest point
is clearly visible from the surface of the water; and (L.N. 89 of
1979)
(c) of hydrogen-ion concentration, not greater than pH 7.0.

11. Annual emptying of swimming pools

Every licensee of a swimming pool shall cause the pool to be emptied of
water and thoroughly cleaned not less than once in every year and at such other
times as the Council may require by notice in writing served upon the licensee.

12. Life saving and first aid attendants

Every licensee of a swimming pool shall cause to be in attendance at the
pool, at all times during which such pool is open to bathers, not less than 2 life
saving attendants possessing valid certificates of competency in life saving and
first aid issued by an association approved by the Council for that purpose and
certifying a standard of competency not less than that of a holder of the bronze
medallion of the Royal Life Saving Society:
Provided that the Council may upon application modify or waive all or
any of the requirements of this bylaw in any particular case. (G.N.A. 119 of
1961)

13. General repair and cleanliness of
pool, equipment and premises

(1) Every licensee of a swimming pool shall cause the pool, all machinery,
equipment and fittings ancillary thereto, all sidewalks or open spaces
surrounding the same and all dressing, shower, bathing, washing or latrine
accommodation provided thereat to be, at all times, maintained in proper
repair, in a clean condition and free from noxious matter.





(2) If, in the opinion of the Council, any swimming pool has become, or is
likely to become, injurious to health by reason of any structural defect or want
of repair or by reason of defective filtration or purification plant, the Council
may cause a notice in writing to be served upon the licensee thereof requiring
him-
(a)to carry out, within such time as may be specified in the notice,
such work as may be necessary to remove the risk of injury to
health; and
(b)if it appears to the Council to be necessary, to close such
swimming pool until such work has been carried out to its
satisfaction.

14. Prevention of spitting
(1) No person shall spit in any swimming pool or on any part of the
premises pertaining thereto, except into a drain or latrine or into a spittoon or
other receptacle provided for the purpose.
(2) Where spittoons or receptacles are provided, the licensee of the
swimming pool shall cause each such spittoon or receptacle to contain a
disinfectant fluid and to be cleansed, and the fluid renewed, not less than once
in every 24 hours.
(3) Save as otherwise permitted in writing by the Council, every licensee
of a swimming pool shall cause one or more notices, prohibiting spitting and
written in English and Chinese, to be continuously displayed in a conspicuous
place near the pool and in or near any changing room.

15. Sterilization of bathing costumes and towels
Every licensee of a swimming pool at which bathing costumes or towels are
supplied to bathers shall cause each such costume or towel to be sterilized, by
immersion for not less than 30 seconds in boiling water, after each occasion
upon which it is used by any bather.

16. Exclusion of persons suffering from certain diseases
(1) No person shall enter any swimming pool while knowingly suffering
from any cutaneous or communicable disease.
(2) Save as otherwise permitted in writing by the Council, every licensee
of a swimming pool shall cause the provisions of paragraph (1) to be
continuously displayed in the form of a notice, written in English and Chinese,
in a conspicuous place near the pool.

17. Fees
(1) Every licence issued under these bylaws shall be renewable annually
on 1 April.





(2) The grant or renewal of any such licence shall be subject to the
payment in advance to the Council of a fee of
Provided that, where any such licence is isweed after 30 September in any
year, the fee shall be one-half of the fee prescribed. (21 of 1973 s. 20, L.N. 283
of 1975; L.N. 77 of 1980; L.N. 96 of 1981; L.N. 96 of 1983; L.N. 58 of 1985)
(3) Where the Council is satisfied that any such licence has been lost or
destroyed, the Council may upon payment of a fee of-' issue a duplicate
thereof, (L.N. 96 of 1983; L.N. 381 of 1987) ~ 1 e-c

18. Offences and penalties

(1) Any person who-
(a) contravenes any of the provisions of bylaw 4, 8, 14(1) or 16(1); or
(b)fails to comply with any of the requirements of a notice served
upon him under the provisions of bylaw 13(2),
shall be guilty of an offence.
(2) In the event of any contravention of any of the provisions of bylaw 7,
9, 10, 11, 12, 13(1), 14(2) or (3), 15 or 16(2), the licensee of the swimming pool
shall be guilty of an offence.
(3) Any person who is guilty of an offence under these bylaws shall be
liable on summary conviction to a fine of $1,500 and, where the offence is a
continuing offence, shall be liable in addition to a fine of $25 for each day
during which it is proved to the satisfaction of the court that the offence has
continued. (L.N. 318 of 1987)

19. Name in which proceedings for
offences way he brought

Without prejudice to the provisions of any other enactment relating to the
prosecution of criminal offences and without prejudice to the powers of the
Attorney General in relation to the prosecution of such offences, prosecutions
for an offence under any of the provisions of these bylaws may be brought in
the name of the Council.

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/2640

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

8
]]>
Tue, 23 Aug 2011 18:09:31 +0800
<![CDATA[SWIMMING POOLS (REGIONAL COUNCIL) BYLAWS]]> https://oelawhk.lib.hku.hk/items/show/2639

Title

SWIMMING POOLS (REGIONAL COUNCIL) BYLAWS

Description






SWIMMING POOLS (REGIONAL COUNCIL) BYLAWS

ARRANGE~ OF BYLAWS

Bylaw Page
1. Citation .............................BZ 2
2. Application ..........................BZ 2
3. Interpretation .......................BZ 2
4. Prohibition of unlicensed swimming pools, etc . BZ 3
5. Application for licence ..............BZ 3
6. Conditions for issue and renewal of licence BZ 4
7. Restriction on alterations after grant of a licence BZ 5
8. Maximum number of persons who may use swimming pool BZ 5
9. Safety precautions relating to electrical equipment BZ 6
10. Changing of water ...................BZ 6
11. Quality of water ....................BZ 6
12. Annual emptying of swimming pools ...BZ 6
13. Life saving and first aid attendants BZ 7
14. General repair and cleanliness of swimming pool, equipment and premises BZ 7
15. Prevention of spitting ..............BZ 7
16. Sterilization of bathing costumes and towels BZ8
17. Exclusion of persons suffering from certain diseases BZ8
18. Fees ................................BZ8
19. Offences and penalties ..............BZ 8
20. Name in which proceedings for offences may be brought BZ 9





SWIMMING POOLS (REGIONAL COUNCIL) BYLAWS
(Cap. 132, section 42)
[30 May 1969]

L.N. 71 of 1969 - L.N. 157 of 1976, L.N. 89 of 1979, L.N. 136 of 1982, L.N. 215 of 1983, L.N. 67 of
1985, 10 of 1986, R. Ed. 1986, L.N. 38 of 1987, L.N. 319 of 1987, L.N. 427 of 1987, L.N. 68 of
1988, L.N. 104 of 1989

1. Citation

These bylaws may be cited as the Swimming Pools (Regional Council)
Bylaws.
(10 of 1986 s. 32(2)

2. Application

(1) These bylaws apply to the Regional Council area only.
(2) These bylaws apply to any swimming pool-
(a)to which the public have access (whether on payment of a fee or
not); or
(b)which is managed by any club, institution, association or other
organization,
but do not apply to any swimming pool owned by the Council or owned or
managed by or on behalf of the Crown.
(3) Notwithstanding paragraph (2)(b), these bylaws shall not apply to a
swimming pool serving not more than 20 residential units and to which the
public have no access. (L.N. 427 of 1987)
(10 of 1986 s. 32(2)

3. Interpretation

In these bylaws, unless the context otherwise requires-
'communicable disease' includes amoebiasis, cerebrospinal meningitis, cholera,
diphtheria, dysentery, enteric fever, gastroenteritis, acute inflammation of
the throat, infectious hepatitis, leprosy, any form of tinea infection,
tuberculosis, poliomyelitis, pediculosis, scabies, scarlet fever, smallpox,
any venereal disease or any generalized skin infection, trachoma, acute
conjunctivitis and any other disease which the Council may, from time
to time, declare to be a communicable disease for the purposes of these
bylaws;
'Council' means the Regional Council;





'residential uniC means a separate household unit in a building constructed,
used or intended to be used wholly for the purpose of human habitation;
(L.N. 427 of 1987)
'swimming pool' means any artificially constructed pool used for swimming or
bathing.
(10 of 1986 s. 32(2)

4. Prohibition of unlicensed swimming pools, etc.

(1) Save under and in accordance with a licence granted by the Council,
no person shall establish or maintain a swimming pool. (]Oof]986s.32(2))
(2) No person shall take any part in the management of a swimming pool
the establishment or maintenance of which has not been licensed.

5. Application for licence
(1) Every application for any such licence shall be made in writing,
addressed to the Council, and shall be accompanied by 3 copies of a plan,
drawn to scale, of the swimming pool and the whole of the precincts thereof,
and such plan shall include the following particulars-
(a) the size and design of the swimming pool;
(b) the depth of water in all parts of the swimming pool;
(c) the position and size of all scum gutters;
(d) all drainage and intake vents;
(e) the position of any filtration or purification plant;
the position of any permanent steps or ladders leading into the
swimming pool and any hand rails or like fittings of a permanent
nature provided for the use of bathers;
(g)the position, height and type of any diving boards, chutes, rings
or like fittings of a permanent nature provided for the use of
bathers;
(h)the layout of any paths or open spaces surrounding or adjacent
to the swimming pool, together with the means of entry to and
exit from the immediate precincts of the swimming pool;
(i)the layout of any dressing rooms, wash rooms, showers, foot
baths, latrines, canteens, stalls or other structures ancillary to the
swimming pool; and
(j) every part of the drainage system.
(2) Every plan submitted for approval pursuant to the provisions of
paragraph (1) shall be accompanied by a statement in writing declaring-
(a)the source of the water with which the swimming pool will be
filled;
(b)the type and capacity of any filtration or purification plant which
is provided; and





(c)the material used for surfacing the internal surfaces of the
swimming pool and any sidewalk or standing space immediately
adjoining the rim of the swimming pool.
(3) Every plan, or any modification thereof, which is approved by the
Council shall be endorsed to that effect by the Council, and 1 copy shall be
returned to the applicant and the remaining 2 copies shall be retained by the
Council.
(10 of 1986 s. 32(2)

6. Conditions for issue and renewal of licence

No licence shall be granted or renewed unless the Council is satisfied in
relation to the swimming pool in respect of which the application for a licence
was made, and in relation to the premises pertaining to such swimming pool,
that-
(a)the plan referred to in bylaw 5 has been approved by the Council
and the swimming pool conforms thereto;
(b)the source of the water with which the swimming pool will be
filled is suitable;
(c)the underwater surfaces of the swimming pool are made of
impervious material and sufficiently smoothed to prevent undue
accumulation of dirt;
(d)every junction between a horizontal surface and a vertical surface
inside the swimming pool is coved;
(e)the swimming pool is fitted with scum gutters of suitable size and
adequate drainage;
sidewalks, not less than 1.2 m in width and paved or covered
with suitable non-slip material, are provided on all sides of the
swimming pool, and such sidewalks are laid with falls away from
the edge of the swimming pool and drained to channels laid to
falls; (L.N. 89 of 1979)
(g)all parts of the floor of any dressing room and any room
containing any shower, bath, foot bath or latrine are readily
accessible for cleaning and are surfaced with impervious material
and coved at their junction with any wall;
(h)not less than one watercloset is provided for every 25 persons
who may be accommodated in the swimming pool and not less
than one urinal, fitted with a splash plate, is provided for every
50 such persons or, if the Council is satisfied that sufficient water
for flushing purposes is not available or cannot reasonably be
obtained, equivalent latrine accommodation, such as aqua-privies
and chemical closets, approved by the Council;





(i)the swimming pool is provided with filtration or purification
plant, or other means of purifying the water therein, capable of
maintaining the purity of such water at all times to a standard
not less than B. coli absent in 100 cubic centimetres of water;
the filtration or purification plant, or other means provided for
purifying the water in the swimming pool, is capable of changing
the water therein, either by circulation through a filtration system
or by renewing the water from source, not less than once in every
4 hours in the case of a covered swimming pool or once in every
6 hours in the case of an open air swimming pool; and
(k) where underwater electric lighting is provided-
(i)all underwater lights are supplied at a voltage not ex-
ceeding 25;
(ii)such low voltage supply is given by a double wound
transformer in an earthed metal casing, with the centre point
of the low voltage winding earthed and the transformer
located at a safe distance from the swimming pool and
completely inaccessible to bathers; and
(iii) all wiring from the transformer to the underwater lights is
carried out in screwed galvanized conduit or mineral
insulated copper covered cable.
(10 of 1986 s. 32(2)

7. Restriction on alterations after grant of a licence

After the grant or renewal of any such licence, no licensee shall, save with
the permission in writing of the Council, cause or permit to be made in respect
of the swimming pool to which the licence relates-
(a)any alteration or addition which would result in a material
deviation from the plan approved under bylaw 5; or
(b)any material alteration in respect of any matter referred to in
bylaw 6.
(10 of 1986 s. 32 (2)

8. Maximum number of persons
who may use swimming pool

The number of persons who may be accommodated in any swimming pool
shall be based on the maximum capacity thereof and determined at the rate of
one person for every 3 M2 of the water surface of the swimming pool.
(L.N. 89 of 1979)





9. Safety precautions relating to electrical equipment

No person shall place, or permit to be placed, any electrical equipment,
fitting or wiring in such a position that it is likely to---
(a) come into contact with the water in any swimming pool; or
(b)be accessible to any person bathing in any swimming pool or
standing on any part of the sidewalk surrounding any swimming
pool or on any diving board, chute or other like structure used by
bathers.

10. Changing of water

Every licensee of a swimming pool shall, at all times during which the
swimming pool is in use by bathers, cause the water therein to be completely
changed by circulation through a filtration system or by renewal from source---
(a)in the case of a covered swimming pool, not less than once in
every 4 hours; and
(b)in the case of an open air swimming pool, not less than once in
every 6 hours.

11. Quality of water

Every licensee of a swimming pool shall cause the water therein to be
maintained at all times to-
(a)a standard of purity, not less than B. coli absent in 100 cubic
centimetres of water; and
(b)a standard of clarity, such that a black and white object, not less
in size than 100 mm square or, if such object is round, 100 nun in
diameter, placed on the bottom of the swimming pool at the
deepest point is clearly visible from the surface of the water; and
(L.N. 89 of 1979)
(c)a standard of hydrogen-ion concentration, not greater than
pH 7.0.

12. Annual emptying of swimming pools

Every licensee of a swimming pool shall cause the pool to be emptied of
water and thoroughly cleaned not less than once in every year and at such other
times as the Council may require by notice in writing served upon the licensee.
(10 of 1986 s. 32(2)





13. Life saving and first aid attendants

(1) Subject to paragraph (2), every licensee of a swimming pool shall
cause to be in attendance at the pool, at all times during which the pool is open
to bathers, not less than 2 life saving attendants.
(2) The Council may upon application modify or waive all or any of the
requirements of this bylaw in any particular case.
(3) In paragraph (1), a 'life saving attendant' means a person possessing
a valid certificate of competency in life saving and first aid issued by an
association approved by the Council and certifying a standard of competency
not less than that of a holder of the bronze medallion of the Royal Life Saving
Society.
(10 of 1986 s. 32 (2)

14. General repair and cleanliness of swimming
pool, equipment and premises

(1) Every licensee of a swimming pool shall cause the swimming pool, all
machinery, equipment and fittings ancillary thereto, all sidewalks or open
spaces surrounding the same and all dressing, shower, bathing, washing or
latrine accommodation provided thereat to be, at all times, maintained in
proper repair, in a clean condition and free from noxious matter.
(2) If, in the opinion of the Council, any swimming pool has become, or is
likely to become, injurious to health by reason of any structural defect or want
of repair or by reason of defective filtration or purification plant, the Council
may cause a notice in writing to be served upon the licensee thereof requiring
him-
(a)to carry out, within such time as may be specified in the notice,
such work as may be necessary to remove the risk of injury to
health; and
(b)if it appears to the Council to be necessary, to close such
swimming pool until such work has been carried out to its
satisfaction.
(10 of 1986 s. 32(2)

15. Prevention of spitting

(1) No person shall spit in any swimming pool or on any part of the
premises pertaining thereto, except into a latrine or into a spittoon or other
receptacle provided for the purpose.
(2) Where spittoons or receptacles are provided, the licensee of the
swimming pool shall cause each such spittoon or receptacle to contain a
disinfectant fluid and to be cleansed, and the fluid renewed, not less than once
in every 24 hours.





(3) Save as otherwise permitted in writing by the Council, every licensee
of a swimming pool shall cause one or more notices, prohibiting spitting and
written in English and Chinese, to be continuously displayed in a conspicuous
place near the swimming pool and in or near any changing room. (10 of 1986
s.32(2))

16. Sterilization of bathing costumes and towels

Every licensee of a swimming pool at which bathing costumes or towels are
supplied to bathers shall cause each such costume or towel to be sterilized, by
immersion for not less than 30 seconds in boiling water, after each occasion
upon which it is used by any bather.

17. Exclusion of persons sullering from certain diseases

(1) No person shall enter any swimming pool while knowingly suffering
from any cutaneous or communicable disease.
(2) Save as otherwise permitted in writing by the Council, every licensee
of a swimming pool shall cause the provisions of paragraph (1) to be
continuously displayed in the form of a notice, written in English and Chinese,
in a conspicuous place near the swimming pool. (]Oof]986s.32(2))

18. Fees

(1) Every licence issued under these bylaws shall be renewable annually
on 1 April.
(2) The grant or renewal of any such licence shall be subject to the
payment in advance to the Council of a fee of $6,320; or where the licence
is issued after 30 September in any year, a fee of $3,160. (L.N. 157 of 1976;
L.N. 136 of 1982)
(3) Where the Council is satisfied that any such licence has been lost or
destroyed, the Council may upon payment of a fee of $105 issue a duplicate
thereof.
(L.N. 215 of 1983; 10 of 1986 s. 32(2); L.N. 38 of 1987; L.N. 68 of 1988;
L.N. 104 of 1989)

19. Ollences and penalties

(1) Any person who-
(a) contravenes any of the provisions of bylaw 4, 9, 15(1) or 17(1); or
(b)fails to comply with any of the requirements of a notice served
upon him under the provisions of bylaw 14(2),
shall be guilty of an offence.





(2) In the event of any contravention of any of the provisions of bylaw 7,
10, 11, 12, 13, 14(1), 15(2) or (3), 16 or 17(2), the licensee of the swimming pool
shall be guilty of an offence.
(3) In the event of any swimming pool being used at any time by more
than the maximum number of persons prescribed by regulation 8, the licensee
of the swimming pool shall be guilty of an offence.
(4) Any person who is guilty of an offence under these bylaws shall be
liable on conviction to a fine of 51,500 and, where the offence is a continuing
offence, shall be liable in addition to a fine of $25 for each day during which it is
proved to the satisfaction of the court that the offence has continued.
(10 of 1986 s. 32(2); L.N. 319 of 1987)

20. Name in which proceedings for
offences may he brought

Without prejudice to the provisions of any other enactment relating to the
prosecution of criminal offences and without prejudice to the powers of the
Attorney General in relation to the prosecution of such offences, prosecutions
for an offence under any of the provisions of these bylaws may be brought in
the name of the Council.
(10 of 1986 s. 32(2)

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/2639

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

9
]]>
Tue, 23 Aug 2011 18:09:31 +0800
<![CDATA[STADIA (URBAN COUNCIL) BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/2638

Title

STADIA (URBAN COUNCIL) BY-LAWS

Description






STADIA (URBAN COUNCIL) BY-LAWS

ARRANGEMENT OF BY-LAWS

By-law Page
1. Citation ... ... ... ... ... ... ... ... ... ... ... BY2

2. Application ... ... ... ... ... ... ... ... ... ... ... ... ... ... BY 2

3. Interpretation... ... ... ... ... ... ... ... ... ... ... ... ... ... BY 2

4. Entry to a stadium by public ... ... ... ... ... ... ... ... ... ... ... BY 2

5. Right of entry by manager, etc. to stadium when hired ... ... ... ... ... ... BY 2

6. Animals... ... ... ... ... ... ... ... ... ... ... ... ... ... ... BY 2

7. Power of manager to direct persons in certain cases to leave a stadium ... ... BY 2

8. Obstruction of manager, staff or other persons ... ... ... ... ... ... ... BY 3

9. Vehicles... ... ... ... ... ... ... ... ... ... ... ... ... ... ... BY 3

10. Protection of property... ... ... ... ... ... ... ... ... ... ... ... BY 3

11. Prohibition of operating radio, etc . ... ... ... ... ... ... ... ... ... ... BY 3

12. Erection of structures and trading ... ... ... ... ... ... ... ... ... ... BY 4

13. Bills and notices ... ... ... ... ... ... ... ... ... ... ... ... ... ... BY 4

14. Closure of a stadium ... ... ... ... ... ... ... ... ... ... ... ... ... BY 4

15. Offences and penalties... ... ... ... ... ... ... ... ... ... ... ... BY 4





STADIA (URBAN COUNCIL) BY-LAWS

(Cap. 132, section 10513)

[21 June 1974.1

1. These by-laws may be cited as the Stadia (Urban Council)
By-laws.

2. These by-laws apply to the Urban Council area only.

3. ln these by-laws, unless the context otherwise requires-

'Council' means the Urban Council;

'Director' means the Director of Urban Services;

'manager' means any person appointed by the Director to manage
or assist in the management of a stadium;

member of the staff' means any person appointed by the Director
to assist a manager.

4. Except with the consent of the manager, no person, other
than a member of the staff, shall enter or remain in any part of a
stadium-

(a)the exclusive use of which has been granted under sec-
tion 105C of the Ordinance to any person, except in
furtherance of a purpose for which such grant is made; or

(b)during any period when the Council has directed that the
stadium or such part thereof is closed to the public.

5. A manager, or any member of the staff authorized by him
in that behalf, may at any time enter and inspect any part of a
stadium the exclusive use of which is granted under section 105C of
the Ordinance.

6. Except with the permission of a manager no person shall
introduce any animal or bird into a stadium.

7. (1) A manager, or any member of the staff authorized by
him in that behalf may direct any person to leave a stadium or any
part thereof---

(a)who he has reason to believe has committed or is about
to commit any offence punishable under the Summary
Offences Ordinance or these by-laws; or

(b)who refuses to obey any reasonable order given by him in
furtherance of the proper management of the stadium.

(2) Any person who fails to leave a stadium or part thereof
when so directed by a manager pursuant to paragraph (1) shall be
guilty of an offence and may, in addition to any penalty to which he





may become liable, forthwith be removed from a stadium or any
part thereof at the discretion of a manager.

8. No person shall wilfully obstruct a manager or any mem-
ber of the staff in the lawful performance of his duty or wilfully
obstruct, disturb, interrupt or annoy any other person in the lawful
use of a stadium or of any of the facilities provided for use therein.

9. (1) No person may bring a vehicle into a stadium without
the permission of a manager.

(2) Any person who brings or causes to be brought into or
drives any vehicle within a stadium shall comply with all directions
given by a manager, or any member of the staff authorized by him in
that behalf, for the control of traffic in the stadium and with any
notices or signs governing the movement of traffic or imposing speed
limits or defining parking areas and closed areas, which a manager
may affix or set up in the stadium.

(3) Nothing in paragraph (1) or (2) shall derogate from the
power conferred on a police officer by the Road Traffic Ordinance in
respect of the control and regulation of traffic.

10. No person shall-

(a)wilfully 'or negligently deface, injure, soil, defile or other-
wise damage any wall or any fence in or enclosing a
stadium, or any building, barrier, railing, post or seat or
any structure of any kind whatever, or any equipment,
apparatus, fitting, fixture or facility provided for use in a
stadium;

(b)wilfully or negligently remove any equipment, apparatus
or fitting provided for use in a stadium;

(c)climb any wall or fence in or enclosing a stadium or any
building or any barrier, railing, post or other structure
within or enclosing a stadium;

(d)within a stadium use any obscene or abusive language to
the annoyance of any person;

(e)within a stadium discard any litter, paper or rubbish, save
into the bins or containers provided for such purposes;

within a stadium conduct himself otherwise than in a
decent and orderly manner;

(g)carry into a stadium glass bottles or metal cans whether
empty or containing any contents, except with the permis-
sion of a manager; or

(h)within a stadium be in possession of any glass bottles or
metal cans, except with the permission of a manager.

11. Except with the written permission of a manager and
subject to such conditions as he may impose, no person shall, in a
stadium, operate, play or make any sounds by means of, any musical





or other instrument, including any gramophone, radio apparatus or
cassette player.

12. (1) No person shall, in a stadium-

(a)erect any post, rail, fence, pole, tent, booth, stand, building
or other structure, or bring or allow to remain any materials
for such a building or structure, except with the written
permission of a manager and subject to such conditions as
he may impose; or

(b)sell, or ofrer or expose for sale, or let to hire, or offer or
expose for letting to hire, any refreshment, commodity or
article, unless, in pursuance of any agreement with the
Council, such person is authorized to sell or let to hire in
the stadium such refreshment, commodity or article.

(2) Any post, rail, fence, pole, tent, booth, stand, building or
other structure or any building materials for such booth, stand,
building or other structure which is brought into or remains in a
stadium without the permission in writing of a manager or contrary
to any conditions imposed by a manager, may be removed by a
manager and, if unclaimed after a period of 7 days, may be sold and
the owner thereof shall be liable for the costs of removal, storage and
sale which costs may be recovered from the owner by the Council.

(3) When anything is sold by a manager under paragraph (2)
the proceeds of sale, after deduction therefrom of the costs of
removal, storage and sale, shall be payable to the owner and if no
claim therefor is made by the owner within 3 months after the date
of sale, the sale proceeds, after deduction therefrom of any such
costs, shall be forfeited to the Council.

13. Except with the written permission of a manager and
subject to such conditions as he may impose, no person shall affix
any advertisement, bill, placard, notice, banner or any other similar
decoration to or upon any part of any building, wall, fence, barrier,
railing, post or scat or any other structure forming part of a stadium.

14. Notwithstanding any agreement for the use of a stadium
or any part thereof, the Council may direct that a stadium or part
thereof shall be closed for all or any purposes and such a direction
may be given at any time and without notice.

15. Any person who-

(a)contravenes any of the provisions of by-law 4, 6, 8, 9, 10,
11, 12 or 13 shall be guilty of an offence and shall be liable
on conviction to a fine of $500 and to imprisonment for 1
month;

(b)is guilty of an offence under by-law 7(2) shall be liable on
conviction to a fine of S500 and to imprisonment for 1
month.
L.N. 138/74. L.N. 129/80. L.N. 295/81. L.N. 227/82. 10 of 1986. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. Entry to a stadium by public. Right of entry by manager, etc. to stadium when hired. Animals. Power of manager to direct persons in certain cases to leave s stadium. (Cap. 228.) Obstruction of manager, staff or other persons. Vehicles. (Cap. 374.) Protection of property. L.N. 129/80. Prohibition of operating radio, etc. Erection of structures and trading. L.N. 295/81. L.N. 227/82. Bills and notices. Closure of a stadium. Offences and penalties.

Abstract

L.N. 138/74. L.N. 129/80. L.N. 295/81. L.N. 227/82. 10 of 1986. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. Entry to a stadium by public. Right of entry by manager, etc. to stadium when hired. Animals. Power of manager to direct persons in certain cases to leave s stadium. (Cap. 228.) Obstruction of manager, staff or other persons. Vehicles. (Cap. 374.) Protection of property. L.N. 129/80. Prohibition of operating radio, etc. Erection of structures and trading. L.N. 295/81. L.N. 227/82. Bills and notices. Closure of a stadium. Offences and penalties.

Identifier

https://oelawhk.lib.hku.hk/items/show/2638

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

4
]]>
Tue, 23 Aug 2011 18:09:30 +0800
<![CDATA[STADIA (REGIONAL COUNCIL) BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/2637

Title

STADIA (REGIONAL COUNCIL) BY-LAWS

Description






STADIA (REGIONAL COUNCIL) BY-LAWS

ARRANGEMENT OF BY-LAWS

By-law Page
1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... BX2
2. Application ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... BX 2
3. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... BX 2
4.. Entry to a stadium by public ... ... ... ... ... ... ... ... ... ... ... BX2
5. Pight of entry by manager, etc. to stadium when hired ... ... ... ... ... ... BX 2
6. Animals ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... BX2
7. Power of manager to direct persons in certain cases to leave a stadium ... ... BX 2
8. Obstruction of manager, staff or other persons ... ... ... ... ... ... ... BX 3
9. Vehicles ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... BX 3
10. Protection of property ... ... ... ... ... ... ... ... ... ... ... ... ... BX 3

11. Prohibition of operating radio, etc . ... ... ... ... ... ... ... ... ... ... BX 3

12. Erection of structures and trading... ... ... ... ... ... ... ... ... ... BX4

13. Bills and notices ... ... ... ... ... ... ... ... ... ... ... ... ... ... BX 4

14. Closure of a stadium ... ... .... ... ... ... ... ... ... ... ... ... ... BX 4

15. Offences and penalties ... ... ... ... ... ... ... ... ... ... ... ... ... BX 4





STADIA (REGIONAL COUNCIL) BY-LAWS

(Cap. 132, section 105D)

[12 October 1971]

1. These by-laws may be cited as the Stadia (Regional
Council) By-laws.

2. These by-laws apply to the Regional Council area only.

3. In these by-laws, unless the context otherwise requires-

'Council' means the Regional Council;

'manager' means any person appointed by the Director of Regional
Services to manage or assist in the management of a stadium;

'member of the staff' means any person appointed by the Director
of Regional Services to assist a manager.

4. Except with the consent of a manager, no person, other
than a member of the staff, shall enter or remain in any part of a
stadium-

(a)the exclusive use of which has been granted under section
105C of the Ordinance to any person, except in furtherance
of a purpose for which such grant is made; or

(b)during any period when the Council has directed that the
stadium or such part thereof is closed to the public.

5. A manager, or any member of the staff authorized by him
in that behalf, may at any time enter and inspect any part of a
stadium the exclusive use of which is granted under section 105C of
the Ordinance.

6. Except with the written permission of a manager, no
person shall introduce any animal into a stadium.

7. (1) A manager, or any member of the staff authorized by
him in that behalf, may direct any person to leave a stadium or any
part thereof---

(a)who he has reason to believe has committed or is about
to commit any offence punishable under the Summary
Offences Ordinance or these by-laws; or

(b)who refuses to obey any reasonable order given by him in
furtherance of the proper management of the stadium.

(2) Any person who fails to leave a stadium or part thereof
when so directed by a manager pursuant to paragraph (1) shall be
guilty of an offence and may, in addition to any penalty to which he





may become liable, forthwith be removed from a stadium or any
part thereof at the discretion of a manager.

8. No person shall wilfully obstruct a manager or any member
of the staff in the lawful performance of his duty or wilfully obstruct,
disturb, interrupt or annoy any other person in the lawful use of a
stadium or of any of the facilities provided for use therein.

9. (1) No person may bring a vehicle into a stadium without
the permission of a manager.

(2) Any person who brings or causes to be brought into or
drives any vehicle within a stadium shall comply with all directions
given by a manager, or any member of the staff authorized by him in
that behalf, for the control of traffic in the stadium and with any
notices or signs governing the movement of traffic or imposing speed
limits or defining parking areas, and closed areas, which a manager
may affix or set up in the stadium.

(3) Nothing in paragraph (1) or (2) shall derogate from the
power conferred on a police officer by the Road Traffic Ordinance in
respect of the control and regulation of traffic.

10. No person shall-

(a)wilfully or negligently deface, injure, soil, defile or other-
wise damage any wall or any fence in or enclosing a
stadium, or any building, barrier, railing, post or scat or
any structure of any kind whatever, or any equipment,
apparatus, fitting or facility provided for use in a stadium;

(b)wilfully or negligently remove any equipment, apparatus
or fitting provided for use in a stadium;

(c)climb any wall or fence in or enclosing a stadium or any
building or any barrier, railing, post or other structure
within or enclosing a stadium;

(d)within a stadium use any obscene language to the annoy-
ance of any person;

(e)within a stadium throw any litter, paper or rubbish, save
into the bins or containers provided for such purpose;

within a stadium conduct himself otherwise than in a
decent and orderly manner;

(g)carry into a stadium glass bottles or metal cans whether
empty or containing any contents, except with the permis-
sion of a manager; or

(h)within a stadium be in possession of any glass bottles or
metal cans, except with the permission of a manager.

11. Except with the written permission of a manager and
subject to such conditions as he may impose, no person shall, in a
stadium, operate, play or make any sounds by means of, any musical





or other instrument, including any gramophone, radio apparatus or
cassette player.

12. (1) No person shall, in a stadium-

(a)erect any post, rail, fence, pole, tent, booth, stand, build-
ing or other structure, or bring or allow to remain any
materials for such a building or structure, except with the
written permission of a manager and subject to such con-
ditions as he may impose; or

(b)sell, or offer or expose for sale, or let to hire, or offer or
expose for letting to hire, any refreshment, commodity or
article, unless, in pursuance of any agreement with the
Council, such person is authorized to sell or let to hire in
the stadium such refreshment, commodity or article.

(2) Any post, rail, fence, pole, tent, booth, stand, building or
other structure or any building materials for such booth, stand,
building or other structure which is brought into or remains in a
stadium without the permission in writing of a manager or contrary
to any conditions imposed by a manager, may be removed by a
manager and, if unclaimed after a period of 7 days, may be sold and
the owner thereof shall be liable for the costs of removal, storage and
sale which costs may be recovered from the owner by the Council.

(3) When anything is sold by a manager under paragraph (2)
the proceeds of sale, after deduction therefrom of the costs of
removal, storage and sale, shall be payable to the owner and if no
claim therefor is made by the owner within 3 months after the date
of sale, the sale proceeds, after deduction therefrom of any such
costs, shall be forfeited to the Council.

13. Except with the written permission of a manager and
subject to such conditions as he may impose, no person shall affix
any advertisement, bill, placard, notice, banner or any other similar
decoration to or upon any part of any building, wall, fence, barrier,
railing, post or seat or any other structure forming part of a stadium.

14. Notwithstanding any agreement for the use of a stadium
or any part thereof, the Council may direct that a stadium or part
thereof shall be closed for all or any purposes and such a direction
may be given at any time and without notice.

15. Any person who-

(a)contravenes any of the provisions of by-law 4, 6, 8, 9, 10,
11, 12 or 13 shall be guilty of an offence and shall be liable
on conviction to a fine of $500 and to imprisonment for
1 month;

(b)is guilty of an offence under by-law 7(2) shall be liable
on conviction to a fine of $500 and to imprisonment for
1 month.
L.N. 187/73. L.N. 263/81. L.N. 67/85. 10 of 1986. Citation. 10 of 1986, s. 32(2). Application 10 of 1986, s. 32(2). Interpretation. 10 of 1986, s. 32(2). Entry to a stadium by public. 10 of 1986, s. 32(2). Right of entry by manager, etc. to stadium when hired. Animals. power of manager to direct persons in certain cases to leave a stadium. (Cap. 228.) 10 of 1986, s. 32(2). Obstruction of manager, staff or other persons. Vehicles. (Cap. 374.) Protection of property. L.N. 263/81. Prohibition of operating radio, etc. Erection of structures and trading. L.N. 263/81. 10 of 1986, s. 32(2). Bills and notices. Closure of a stadium. 10 of 1986, s. 32(2). Offences and penalties. 10 of 1986, s. 32(2).

Abstract

L.N. 187/73. L.N. 263/81. L.N. 67/85. 10 of 1986. Citation. 10 of 1986, s. 32(2). Application 10 of 1986, s. 32(2). Interpretation. 10 of 1986, s. 32(2). Entry to a stadium by public. 10 of 1986, s. 32(2). Right of entry by manager, etc. to stadium when hired. Animals. power of manager to direct persons in certain cases to leave a stadium. (Cap. 228.) 10 of 1986, s. 32(2). Obstruction of manager, staff or other persons. Vehicles. (Cap. 374.) Protection of property. L.N. 263/81. Prohibition of operating radio, etc. Erection of structures and trading. L.N. 263/81. 10 of 1986, s. 32(2). Bills and notices. Closure of a stadium. 10 of 1986, s. 32(2). Offences and penalties. 10 of 1986, s. 32(2).

Identifier

https://oelawhk.lib.hku.hk/items/show/2637

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

4
]]>
Tue, 23 Aug 2011 18:09:29 +0800
<![CDATA[SLAUGHTER-HOUSES (REGIONAL COUNCIL) BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/2636

Title

SLAUGHTER-HOUSES (REGIONAL COUNCIL) BY-LAWS

Description






SLAUGHTER-HOUSES (REGIONAL COUNCIL) BY-LAWS

ARRANGEMENT OF BY-LAWS

By-law...................................... Page

1. Citation and application ............... ... ... ... ... ... ... ... ... BW 3
2. Interpretation .............................. ... ... ... ... ... ... BW 3
3. Authorized officers .................... ... ... ... ... ... ... ... ... BW 3

4. Licence for operation of a slaughter-house ... ... ... ... ... ... ... BW 4
5-9........[Cancelled 1 ................... ... ... ... ... ... ... ... ... ... ... BW 4
10. Prohibition of subletting, transferring, etc. of licence ... ... ... ... ... BW 4
11. Display of licence ....................... ... ... ... ... ... ... ... BW 4
11 Slaughtering of animals for human consumption ... ... ... ... ... ... BW 4
13. Animals which may be brought into licensed premises ... ... ... ... BW 4

14. Animals to be brought into licensed premises only for slaughter ... ... BW 5
14A. Power of authorized officer to refuse to admit animals if insufficient
accommodation ....................... ... ... ... ... ... ... ... BW 5
is. Lairages to be provided in licensed premises ... ... ... ... ... ... ... BW 5
16. Animals to be admitted into reception lairage ... ... ... ... ... ... BW 6
17. Inspection of animals before admission ... ... ... ... ... ... ... ... BW 6
18. Unfit animals to be detained in isolation lairage ... ... ... ... ... ... BW 6
18A........................................Power of authorized officer to have diseased or injured animals segregated BW 6
18B............................Animals detained or segregated may be slaughtered ... ... ... ... ... BW 6
19. Examination of carcasses and offal .... ... ... ... ... ... ... ... ... BW 7

20. Management and staffing of licensed premises ... ... ... ... ... ... BW 7
21. Time of admission of animals ............. ... ... ... ... ... ... ... BW 7

22. Inspection of premises ...................... ... ... ... ... ... ... BW 7
23. Water supply .......................... ... ... ... ... ... ... ... BW 7
24. Ablution facilities ................... ... ... ... ... ... ... ... ... BW 8
25. Watering of cattle .................... ... ... ... ... ... ... ... ... BW 8
26. Unnecessary suffering to be prevented .... ... ... ... ... ... ... ... BW 8
27. Maintenance of ventilation ............... ... ... ... ... ... ... ... BW 8
28. Lighting of premises BW 8
29.' Maintenance of drainage BW 8
29A..........................Cleanliness of licensed premises, equipment etc . ... ... ... ... ... ... BW 8
30. Licensed premises to be kept in good repair ... ... ... ... ... ... BW 9
31. Lime-washing of licensed premises BW 9
32. Cleansing after slaughtering BW 9
33. First aid equipment ... ... ... ... ... ... BW 9
34. Prevention of pests ... ... ... ... .. ... BW 9
j;4 - - --- . -1 ~
35. Keeping of animals therein ... ... BW 10





By-law...................................... Page
36. Dressing of carcass ...................... ... ... ... ... ... ... ... BW 10
37. Removal of hides, offal, etc . ......... ... ... ... ... ... ... ... ... BW 10
38. Collection and removal of blood, etc., and cleansing of vessels used in such
collection and removal ... ... ... ... ... ... ... ... ... ... ... ... BW 10
39. Person suffering from infectious disease not allowed in licensed premises ... BW 11
40. Prohibition of injection of carcass .... ... ... ... ... ... ... ... ... BW 11
41. Council may exclude unauthorized persons from parts of licensed premises BW 11
42. Prohibition of removal of live animals ... ... ... ... ... ... ... ... BW 11
43. Restriction of entry into licensed premises ... ... ... ... ... ... ... BW 11
44. Intoxication prohibited ..................... ... ... ... ... ... ... BW 11
45. Application to licensee to slaughter ..... ... ... ... ... ... ... ... BW 11
46. Obedience of orders by users ............. ... ... ... ... ... ... ... BW 12
47. Obstruction of user forbidden .......... ... ... ... ... ... ... ... ... BW 12
48. Prohibition ofspitting, etc . .......... ... ... ... ... ... ... ... ... BW 12
48A.................................Prohibition on taking meat etc. to a room containing a toilet ... ... ... BW 12
49. Slaughtering only in part so assigned .... ... ... ... ... ... ... ... BW 12
50. Prohibition of interference during slaughter ... ... ... ... ... ... ... BW 12
51. Settlement of dispute .................. ... ... ... ... ... ... ... BW 12
52. Provision and cleanliness of instruments and appliances ... ... ... ... BW 12
53. Authorized officer to mark carcasses and offal fit for human consumption ... BW 12
53A. Transport of carcasses from the licensed premises to any other place ... BW 12
53B..........................Requirements where meat or offal transported ... ... ... ... ... ... BW 13
54. Offences in respect of carcasses and offal ... ... ... ... ... ... ... BW 13
55. Carcass or offal may be seized and destroyed if offence committed ... BW 14
56. Register to be kept by licensee ............. ... ... ... ... ... ... BW 14
57. Inspection fees ........................ ... ... ... ... ... ... ... ... BW 14
58. Power of public officers to inspect registers ... ... ... ... ... ... ... BW 14
59. Suspension or cancellation of licence .... ... ... ... ... ... ... ... BW 15
60. Offences .................................... ... ... ... ... ... BW 15
61. Penalty ..................................... ... ... ... ... ... BW 15
62. Saving ...................................... ... ... ... BW 15

First Schedule. Forms ... ... ... ... ... ... ... ... ... ... ... ... ... ... BW 15
Second Schedule. Licensing Fees ... ... ... ... ... ... ... ... ... ... ... ... BW 16
Third Schedule. Marks ... ... ... ... ... ... ... ... ... ... ... ... ... ... BW 1 7





SLAUGHTER-HOUSES (REGIONAL COUNCIL) BY-LAWS

(Cap. 132, sections 77 and 149)*

[ 9 May 1952.1

1. These by-laws may be cited as the Slaughter-houses
(Regional Council) By-laws, and shall apply to the Regional Council
area.

2. (1) In these by-laws, unless the context otherwise re-
quires-

,,authorized officer' means-

(a) a public officer appointed under by-law 3(1); and

(b) a health inspector;

'carcass' means the body of a dead animal;

'Council' means the Regional Council;

'licensee' means a person to whom a licence is issued under
by-law 8;

offal' means any part of a carcass which is removed therefrom
during the process of dressing, other than the hide, horns and
skin;

'senior veterinary officer' includes any veterinary officer authorized
by the Director of Agriculture and Fisheries or by any Assistant
Director of Agriculture and Fisheries to perform the duties of a
senior veterinary officer under the Public Health (Animals and
Birds) Ordinance.

(2) [Deleted, 10 of 1986, s. 32(2)]

3. (1) The Council may appoint any public officer in writing
as an authorized officer for the purpose of such provisions of these
by-laws as the Council specifies.

(2) An authorized officer shall, in the exercise of his powers
and the performance of his duties, comply with any directions given
to him by the Council.

Note:These by-laws are deemed to have been made under section 77 d
the Public Health and Municipal Services Ordinance, Chapter 132-
see section 149(1) of that Ordinance.





4. (1) No person shall use or occupy any premises as a
slaughter-house in the Regional Council area except under and in
accordance with a licence issued by the Council.

(2) A licence issued under paragraph (1) shall be in Form 4 in
the First Schedule.

(3) A licence issued under paragraph (1) shall be valid for a
period of 12 months from the date of issue and may be renewed on
application.

(4) Every licence issued under paragraph (1) or renewed under
paragraph (3) shall be issued or renewed, as the case may be, upon
payment of the appropriate fee prescribed in the Second Schedule
according to the maximum number of animals permitted to be
slaughtered in the premises.

5-9. [Cancelled, L.N. 681871

10. (1) No licensee shall sublet, transfer or lend his licence to
any other person without the written consent of the Council; or
absent himself from Hong Kong for a period in excess of 30 days
without informing the Council in writing of his intended departure
and the duration of his absence.

(2) Whenever the licensee intends to leave Hong Kong he
shall provide a deputy, to be approved by the Council to act for
him in all matters relating to the licensed premises.

11. Every licensee shall cause his licence to be continuously
displayed in a conspicuous position in his licensed premises.

12. (1) No person shall-

(a) slaughter any animal for human consumption; or

(b) dress any carcass,

except in licensed premises.

(2) Notwithstanding paragraph (1), the Council may, if in its
opinion there is a special reason for doing so, give permission-

(a)for an animal to be slaughtered for human consumption in
a place other than in licensed premises; or

(b)for a carcass to be dressed in a place other than in licensed
premises.

13. (1) No person shall bring into or keep in any licensed
premises-

(a)any animal other than a bovine animal, goat, pig or sheep;
or

(b) any carcass,

except as provided in paragraphs (2) and (3).





(2) An authorized officer may permit a carcass to be brought
into any licensed premises-

(a) for destruction in an incinerator; or

(b)for disposal (for any purpose other than for human con-
sumption) in a by-products plant.

(3) A person may bring the undressed carcass of a bovine
animal, goat, pig or sheep into any licensed premises for inspection
under by-law 19 if-

(a) the carcass has been bled; and

(b)it is accompanied by a certificate from the senior veterinary
officer or an authorized officer stating---
(i) the reason for the slaughter of the animal;
(ii) whether, to his knowledge, the animal was by
reason of disease or any other cause unfit for slaughter for
human consumption at the time when it was slaughtered;
and
(iii) whether, to his knowledge, any drug was adminis-
tered to the animal before slaughter which could affect the
fitness of the carcass or the offal for human consumption.

14. No person shall bring into or keep in any licensed premises
any bovine animal, goat, pig or sheep for any purpose other than
for slaughter for human consumption, except as provided in these
by-laws or in any other enactment.

14A. An authorized officer may refuse to admit to licensed
premises an animal if he is of the opinion that there is insufficient
accommodation available on the premises for the animal.

15. (1) Every licensed premises shall contain-

(a)a reception lairage, for the admission of animals into the
premises;

(b)a waiting lairage, for the confinement of animals awaiting
slaughter;

(e)an isolation lairage, for the confinement of animals in
segregation from other animals in the premises.

(IA) Where the marketing of livestock takes place on any
licensed premises the premises shall contain a holding lairage for the
keeping of animals prior to sending them to the waiting lairage.

(2) In every licensed premises, the reception, waiting, isolation
and holding lairages shall be separated from each other and shall be





constructed so that animals in any such lairage cannot. while
unsupervised-

(a) leave the lairage; or

(b)come into contact with animals which are outside the
lairage.

16. Every animal which is brought into any licensed premises
shall be taken immediately into the reception lairage.

17. (1) An authorized officer shall inspect every animal which
is brought into the reception lairage of any licensed premises.

(2) No person shall remove any animal from the reception
lairage of any licensed premises before it has been inspected under
paragraph (1).

18. (1) An authorized officer who inspects any animal under
by-law 17(1) shall, if in his opinion the animal is diseased or other-
wise unfit for slaughter for human consumption-

(a) notify the senior veterinary officer; and

(b)cause the animal to be detained in the isolation lairage in
the licensed premises.

(2) No person shall remove any animal from the isolation
lairage of any licensed premises without the permission of the senior
veterinary officer.

18A. If an authorized officer has reason to believe that an
animal admitted to licensed premises is suffering from disease or
injury, he may cause the animal to be segregated from the other
animals in the slaughter-house.

18B. (1) The authorized officer may cause any animal which
has been detained under by-law 18 or segregated under by-law 18A
to be slaughtered.

(2) The Council or an authorized officer may cause the car-
cass of any animal which is slaughtered under paragraph (1) to be
disposed of in such manner as it, or he, thinks fit.

(3) Where an animal is slaughtered under paragraph (1), the
authorized officer shall forthwith give notice of the fact to-

(a) the owner of the animal; or

(b)the person who appeared to the authorized officer to be in
charge of the animal immediately prior to the time when
the animal was received into the holding or waiting lairage
or segregated, as the case may be; or





(c)if the persons mentioned in sub-paragraphs (a) and (b)
cannot readily be found, the licensee or his manager.

19. (1) An authorized officer shall examine-
(a) the carcass; and
(b) the offal,

of every animal which is slaughtered in any licensed premises or
which is brought into any licensed premises under by-law 13(3),
and shall detain such carcass or offal if in his opinion it is unfit for
human consumption.

(2) The Council or an authorized officer may cause any car-
cass or offal which is detained under paragraph (1) to be destroyed
or otherwise disposed of in such manner as it, or he, thinks fit.

20. Every licensee shall employ such staff as the Council con-
siders necessary for the satisfactory management and security of
his licensed premises, including a supervisor, who shall be responsi-
ble for the general conduct of such premises and for the due observ-
ance of these by-laws by the staff and all persons using such premises.

21. Every licensed premises shall for the purpose of the admis-
sion of animals be open at such hours as may be prescribed by the
Council.

22. Every licensee shall at all reasonable times permit-
(a) the Director of Regional Services;
(b) the Director of Agriculture and Fisheries;
(c) the Director of Medical an Health Ser-,,~iees;
(d) the Director of Buildings and Lands;
(e) the Secretary for District Administration;
the Commissioner of Police;
(g) the senior veterinary officer; and

(h)any public officer authorized in writing by the holder of
any office specified in paragraph (a), (b), (c), (d), (e) or (f),

to have free access to every part of his licensed premises for the
purpose of inspection of such premises and any animals therein.

23. Every licensee shall cause the means of water supply
provided in or in connexion with the licensed premises to be kept at
all times in proper order and efficient action, and shall provide for
use on the licensed premises a sufficient supply of water for the
purpose of thoroughly washing and cleansing the floors or pave-
ments, every part of the internal surface of every wall of such licensed
premises and evey vessel or receptacle which may be used for the





collection and removal from such slaughter-house of any blood,
manure, garbage, filth, or other refuse products of the slaughtering
of any animal or the dressing of any carcass on such premises.

24. Every licensee shall provide within his licensed premises, at
places which are readily accessible from the workrooms and lava-
tories, adequate, facilities in which persons working in the premises
may wash their hands, including an adequate supply of hot and cold
running water, nail brushes, soap or other detergents and disposable
paper towels or other hand-drying material or equipment approved
by the Council.

25. Every licensee shall cause every animal brought to the
licensed premises for the purpose of being slaughtered, and confined
in any pound, stall, pen or lair upon the premises previously to being
slaughtered, to be provided during such confinement with a sufficient
quantity of potable water.

26. Every licensee and every servant of such licensee and every
other person employed upon the licensed premises in the slaughter-
ing of any animal shall comply with the written instructions of the
Council as to the method of securing such animal before slaughter-
ing so as to enable such animal to be slaughtered with as little pain
or suffering as practicable, and shall in the process of such slaughter-
ing any animal use such instruments and appliances and adopt such
method of slaughtering as the Council may in writing direct.

27. Every licensee shall cause the means of ventilation pro-
vided in or in connection with his licensed premises to be kept at all
times in proper order and efficient action; and so that the ventilation
shall be by direct communication with the external air.

28. (1) Every licensed premises shall be equipped with
adequate and evenly distributed lighting.

(2) If artificial lighting is provided in the slaughterhall and
workrooms in any licensed premises, it shall be of an overall
intensity of at least 220 lux.

(3) If artificial lighting is provided in any places in licensed
premises where inspections are carried out under by-law 17 or 19,
it shall be of an overall intensity of at least 550 lux.

29. Every licensee shall cause the drainage provided in or in
connexion with the licensed premises to be kept at all times in
proper order and efficient action.

29A. Every licensee shall-

(a) cause the equipment, fittings, windows, ceilings, floor and
wall surfaces and all other parts of the structure of any
slaughterhall, offal cleaning room, dress carcasses hanging





room or workroom to be kept clean and free from noxious
matter at all times;

(b)cause the interior surfaces of any room used for the
keeping of meat classified as unfit for human consumption
to be kept clean and so as to prevent the absorption of any
blood, refuse, dirt or other offensive matter at all times;

(c)cause every toilet or urinal in the licensed premises and the
room in which it is situated to be kept clean and every such
toilet or urinal to be maintained in efficient working order
and every toilet to be provided with an adequate supply of
toilet paper held in a suitable fitting;

(d) cause every lairage to be kept clean; and

(e)ensure that every wash-hand basin and sterilizer is kept
clean and in good working order.

30. Every licensee shall cause every part of the internal surface
of the walls and every part of the floor or pavement of his licensed
premises to be kept at all times in good order and repair, so as to
prevent the absorption therein of any blood or liquid refuse or filth
which may be spilled or splashed thereon, or any offensive or
noxious matter which may be deposited thereon or brought in
contact therewith.

31. Every licensee shall cause every part of the internal surface
above the floor or pavement of the licensed premises to be thoroughly
lime washed once a year in the month the licence falls due for
renewal or as directed by the Council:

Provided that nothing in this by-law shall require any tiled
or other non-absorbent surface to be lime washed.

32. Every licensee shall cause every part of the floor or
pavement of his licensed premises, and every part of the internal
surface of every wall on which any blood or liquid refuse or filth may
have been spilled or splashed, or with which any offensive or noxious
matter may have been brought in contact during the process of
slaughtering or dressing in such licensed premises, to be thoroughly
washed and cleansed within 3 hours after the completion of such
slaughtering or dressing.

33. Every licensee shall provide in a visible and readily
accessible place within his licensed premises an adequate supply
of bandages, dressings and antiseptic for the first aid treatment of
persons working in the premises.

34. Every licensee shall-

(a)cause all manure bays in his licensed premises to be dusted
with an effective contact insecticide at least once every 24
hours;





(b)cause the walls enclosing the manure bays in the premises,
and any wall surfaces in the premises which are exposed
to the sun in the vicinity for such bays, to be sprayed at
least once every month to a height of 3 m from the ground
with an effective contact insecticide which has residual
insecticide properties;

(c)take all other reasonable steps to prevent the presence of
flies in and about the premises; and

(d)take all reasonable steps to keep the premises free from
rats, mice, birds and insects.

35. (1) A licensee shall not at any time keep any animal, or
cause or suffer any animal to be kept in his licensed premises for a
longer period than may be necessary for the purpose of preparing
such animal, whether by fasting or otherwise, for the process of
slaughtering.

(2) If, at any time, a licensee keep or suffer to be kept, in
his licensed premises any animal for the purpose of preparation
whether by fasting or otherwise, for the process of slaughtering, he
shall not cause or sufler such animal to be confined elsewhere than in
the pounds, stalls, pens or lairs, provided on such premises.

36. (1) Every licensed premises shall be provided with a
sufficient quantity of potable water for the purpose of dressing
carcasses.

(2) The carcass of every animal slaughtered shall be hung in a
cooling room especially provided for that purpose immediately after
it is dressed and shall remain there until removed for disposal.

37. Every licensee shall cause the hide, horns, skin and offal of
every animal slaughtered on his premises to be removed therefrom
within 12 hours after the completion of the slaughtering of such
animal.

38. (1) Every licensee shall provide a sufficient number of
vessels or receptacles, properly constructed of galvanized iron or
other non-absorbent material, and furnished with closely fitting
covers, for the purpose of receiving and conveying from his licensed
premises all blood, manure, garbage, filth, or other refuse products
of the slaughtering of any animal or the dressing of any carcass on
such premises.

(2) Every licensee shall forthwith upon the completion of the
slaughtering of any animal or the dressing of any carcass in such
premises cause such blood, manure, garbage, filth or other refuse
products to be collected and deposited in such vessels or receptacles,
and shall cause all the contents of such vessels or receptacles to be
removed from the premises at least once in every 24 hours.





(3) Every licensee shall cause every such vessel or receptacle to
be thoroughly cleansed immediately after such vessel or receptacle
shall have been used for such collection and removal, and shall cause
every such vessel or receptacle when not in actual use to be kept
thoroughly clean.

39. No person affected with any infectious disease shall enter
into any licensed premises or shall take part in the slaughtering of
any animal for human consumption or in the handling of the flesh of
such animal.

40. No person shall cause the introduction of water, air or any
gas or gaseous mixture into the tissues of the carcass of any animal.

41. (1) The Council may, if in its opinion it is expedient to
do so for the efficient management or operation of any licensed
premises, by order in writing prohibit the entry of persons, perma-
nently or for such period as it thinks fit, into any specified part of the
premises.

(2) A copy of an order under paragraph (1) shall be posted in a
conspicuous place outside the part of any licensed premises to which
it relates.

(3) No person shall without the permission of the Council or
an authorized officer enter or remain in any part of any licensed
premises in respect of which an order has been made under para-
graph (1).

42. No person shall cause or suffer any animal which has been
brought into any licensed premises for slaughtering to be taken out
alive except with the permission of the senior veterinary officer.

43. No person shall enter or remain in any-licensed premises
except for the purpose of slaughtering, or supplying food or water to
any animal therein or preparing any carcass for sale, or otherwise
for some lawful purpose connected with the licensed premises.

44. No person shall enter or remain in any licensed premises in
a state of intoxication, nor shall any person bring or keep in any
licensed premises any spirituous liquor or any drug of any nature
whatsoever.

45. (1) Any person who desires to use any licensed premises
for the purpose of slaughtering shall make written application to the
licensee and permission to use such premises shall be given in the
order in which such applications were received.

(2) Except as provided for in these by-laws, no person shall
be refused the use of licensed premises for slaughtering his animals
nor shall any animal be rejected during the hours in which such
premises are open.





46. Every person using any licensed premises shall obey every
order given him by the licensee or an authorized officer and shall
conduct himself in a quiet and orderly manner therein.

47. No person shall obstruct or hinder any person in the
proper use of any licensed premises or of any utensil, article, gear or
apparatus provided by the licensee for use therein.

48. No person shall spit or commit a nuisance within any
licensed premises.

48A. No person shall take any meat, offal, blood or any
article which may reasonably be expected to come into contact with
any meat, offal or blood upon the licensed premises, into a room or
other place which contains a toilet or urinal.

49. No person shall slaughter any animal in any part of any
licensed premises other than that part assigned by the Council for
the purpose of slaughtering animals of any particular kind.

50. No person shall slaughter any animal in such a situation
which will interfere with the slaughtering of any other animal.

51. If any difference or dispute shall arise between any person
using any licensed premises regarding any question of priority as to
the use of any part of such licensed premises, or any utensil, article,
gear or apparatus provided therein, such difference or dispute shall
be referred by the licensee to a health inspector whose decision shall
be final and shall be obeyed by such persons.

52. The owner, or the person for the time being in charge of
any animal to be slaughtered, shall provide the proper instruments
and appliances required for the purpose and shall cause such articles
to be thoroughly cleansed immediately after the completion of the
process of slaughtering in which they have been used, and shall cause
every such article when not in use to be kept thoroughly clean.

53. An authorized officer who examines any carcass or offal
under by-law 19(1) shall, if he is satisfied that it is fit for human
consumption, apply to it the appropriate mark specified in the Third
Schedule.

53A. (1) No person shall transport, and no licensee shall
permit to be transported, any carcass, part of a carcass or offal (not
being a carcass, part of a carcass or offal which is to be disposed
of as being unfit for human consumption) from the licensed premises





to any other place unless the vehicle used for such transport has
been approved in writing by the Council as being suitable for such
transport.

(2) Any approval given,by the Council under paragraph (1)
may be given subject to such conditions as it thinks fit and may be
withdrawn at any time upon notice to the owner of the vehicle
whether for breach of such conditions or otherwise.

53B. (1) No person shall transport, and no licensee shall
permit to be transported, any carcass, part of a carcass or offal in a
vehicle which has been approved by the Council for such transport
under by-law 53A, or which requires such approval, unless the
following requirements are observed-

(a)the vehicle shall be clean and free from refuse, dirt, or other
offensive matter;
(b)no other article or matter shall be conveyed in the vehicle
together with the meat or offal;

(c)the vehicle shall not, whether at the time when it is
transporting meat or offal, or at any other time, be used for
the transportation of any live animal or anything likely to
contaminate meat or offal;

(d)meat and offal shall be conveyed within the meat conveying
compartment of the vehicle in such manner as to ensure
that the meat and offal are kept clean;

(e)any door or window of the meat conveying compartment
of the vehicle shall be kept properly closed while the vehicle
is in motion;

every person engaged in the delivery or portering of meat
and ofFal to and from the vehicle shall wear clean and
washable protective clothing and head coverings.

(2) No person who is loading or unloading meat or offal upon
any vehicle referred to in paragraph (1) or who is upon such vehicle
while transporting meat or offal shall spit or smoke.

(3) No person shall be in the meat conveying compartment
of any vehicle referred to in paragraph (1) except for the purpose
of loading or unloading meat or offal or for the cleaning or main-
tenance of the vehicle.

54. (1) No person shall remove from any licensed premises-

(a) any carcass; or

(b) any offal,

unless it is marked in accordance with by-law 53 or an authorized
officer has given permission for its removal.

(2) No person shall, without the permission of the Council,
have in his possession for the purposes of sale, offer for sale, or sell-





(a) any carcass; or

(b) any offal,

which has not been marked in accordance with by-law 53.

(3) Except as provided in paragraph (1) or in any other
enactment, no person shall mark any carcass or offal with a mark
specified in the Third Schedule or with a mark so closely resembling
a mark specified in the Third Schedule as to be likely to mislead.

55. (1) An authorized officer or a police officer may seize and
detain any carcass or offal if he suspects on reasonable grounds that
an offence under by-law 54(1), (2) or (3) has been committed in
respect of it.
(2) The Council or an authorized officer may cause any
carcass or offal in respect of which any offence under by-law
54(1), (2) or (3) has been committed to be destroyed.

56. (1) Every licensee shall keep and maintain on his licensed
premises a register, in the form of Form 5 in the First Schedule, in
which he shall record each day the number of each class of-
(a)animal which has been inspected under by-law 17(1);
and
(b) carcass which has been examined under by-law 19,

during that day.

(2) Every page of the register shall be consecutively numbered.

(3) Every daily entry in the register shall be signed by the
licensee and counter-signed by an authorized officer.

(4) The licensee shall forthwith notify an authorized officer of
any alterations which he makes to the register.

(5) No licensee shall be required to keep any record made
under paragraph (1) for more than 2 years after the day to which it
relates.

57. (1) Every licensee shall pay to the Council the follow-
ing inspection fees in respect of each animal which is examined
under by-law 19(1) in his licensed premises-

(a)for any bovine animal- $7.10;
(b) for any other animal-----$4.70

(2) Every licensee shall pay the fees due from him to the
Council under paragrapfi (1) on or before the 7th day of the month
following the month in which such fees were incurred.

58. Every licensee shall, upon being requested to do so by the
Council or an authorized officer, produce to the Council or the
authorized officer for inspection the register which he is required to
keep and maintain under by-law 56.





59. (1) Any breach of these by-laws or of any prescribed
direction, instruction or condition shall render a licence liable to
suspension for such period as the Council may decide or to
cancellation without prior notice from it.

(2)(a) The Council may cancel a licence for the use and
occupation of any premises as a slaughter-house at any
time upon giving not less than one month's notice of its
intention so to so.

(b)Where a licence is cancelled under the provisions of sub-
paragraph (a), the Council shall refund to the licensee
that proportion of the fee paid in respect of the licence
which the period for which the licence would otherwise
have remained in force bears to the period for which the
licence was granted.

60. (1) Any licensee who contravenes by-law 10(1) or (2),
11, 20, 22, 23, 24, 25, 26, 27, 29, 29A, 30, 31, 32, 33, 34, 35(1) or (2),
37, 38(1), (2) or (3), 53A(I), 53B(1), 56(1), (2), (3) or (4), or 58 shall
be guilty of an offence.

(2) Any licensee of any licensed premises in or in respect of
which by-law 13(1), 14, 15(1), (IA) or (2), 16, 17(2), 18(2), 21, 28(1),
(2), or (3), 36(1) or (2), 39, 40, 41(3), 42, 45(2), 48A, 49, 50, or 54(1)
is contravened shall be guilty of an offence.

(3) Any person who contravenes by-law, 13(1), 14, 17(2), 18(2),
26, 39, 40, 41(3), 42, 43, 44, 46, 47, 48, 48A, 49, 50, 52, 53A(I), 53B,
or 54(1), (2), or (3) shall be guilty of an offence.

61. (1) Any person who contravenes by-law 4 commits an
offence and is liable to a fine of $25,000 and to imprisonment for 6
months and, in the case of a continuing offence, a daily penalty of
$500.

(2) Any person who contravenes by-law 12(1) commits an
offence and is liable to a fine of $25,000 and to imprisonment for 6
months and, in the case of a continuing offence, a daily penalty of
$250.

(3) Any person who is guilty of an offence under these by-laws
(other than by-law 4 or 12(1)), shall be liable to a fine of $10,000 and
to imprisonment for 6 months and, in the case of a continuing
offence under by-law 29A or 30, a daily penalty of $250.

62. Nothing in these by-laws shall d ---ogate from or in any
way affect the provisions of the Public Health (Animals and Birds)
Regulations.





FORm 4 [by-law 4(2).]

Form of Slaughter-house Licence
............................... (name)
is hereby licensed to use and occupy ...........................................................................
.......................................
.....................................1 (address of premises)
as a slaughter-house for a period of 12 months from the date hereof. The maximum
number of animals permitted to be slaughtered in any one day is ..............................
bovine and ........non bovine.
Fee 5 ..................
Dated this day of...................19

................ .
Regional Council.

FORm 5 [by-law 56.]

Form of Inspection Register to be kept in Slaughter-house

Page No . ........................

1 . Name of Licensee
Licence Number ...........
2. Date
3. Number of bovine animals inspected for admission during day ..........................
......................... 1 1
4. Number of other animals inspected for admission during day ............................
.................. . 1
5. Number of bovine carcasses examined during day ..............................................
.................. .
6. Number of other animal carcasses examined during day .. ..................................
.................. .
7. Signature of licensee
8. Counter-signature of authorized officer ..............................................................

SECOND SCHEDULE [by-law 4(4).]


LICEN NG FEES

Maximum Num e Animals
Permitted to be Each Day Fees
Exceeding Not exceeding $
50 ..* .......................................... 750
50 100 ............................................. 1,500
100 150 ............................................. 2,250
150 200 ............................................. 3,000
200 250 ............................................. 3,750
250 300 ...................4,500
300 350 ....................................... 5,250
350 400 ............................................. 6,000
400 450 ....................................... 6,750
450 500 ............................................. 7,500
500 ..................................................... 8,250







Maximum Number 'of Bovine Animals
(goats, sheep, pigs) Permitted to be
Slaughtered Each Day Fees
Exceeding Not exceeding $
500 .......................................... 5,000
500 1000 ......................................... 10,000
1000 1 500 ........................................ 15,000
1 500 2000 ......................................... 20,000
2000 2500 ......................................... 25,000
2500 3000 ......................................... 30,000
3000 3500 ......................................... 35,000
3500 4000 ......................................... 40,000
4000 4500 .......................................... 45,000
4500 5000 ...................................................... 50,000
5000 ..................................................... 55,000

THIRD SCHEDULE [by-law 53.]

MARKS TO BE APPLIED TO CARCASSES AND OFFALS OF SLAUGHTERED ANIMALS

Parts to be marked Details of mark Diagram of mark
A. Carcass 50 rum diameter.
Serial number in middle 0
of stamp.
H. K.
B. Offal:
(i) liver
(ii) tongue (in case of 30 mm diameter. H. K.
bovine animals
only)
P E C'S'
0
G.N.A. 86/52. G.N.A. 101/59. G.N.A. 100/59. 30 of 1960. L.N. 53/68. L.N. 43/71. L.N. 94/74. L.N. 294/77. L.N. 89/79. L.N. 212/81. L.N. 370/81. L.N. 76/82. L.N. 115/83. L.N. 127/84. L.N. 67/85. 10 of 1986. L.N. 94/86. L.N. 238/86. L.N. 68/87. L.N. 317/87. Citation and application. L.N. 43/71. 10 of 1986, s. 32(2). Interpretation. L.N. 43/71. 10 of 1986, s. 32(2). L.N. 115/83. L.N. 115/83. (Cap. 139.) Authorized officers. L.N. 43/71. 10 of 1986, s. 32(2). Licence for operation of a slaughter-house. L.N. 68/87. First Schedule, Form 4. Second Schedule. Prohibition of subletting, transferring, etc. of licence. L.N. 43/71. L.N. 115/83. 10 of 1986, s. 32(2). Display of licence. Slaughtering of animals for human consumption. L.N. 43/71. 10 of 1986, s. 32(2). Animals which may be brought into licensed premises. L.N. 43/71. 10 of 1986, s.32(2). Animals to be brought into licensed premises only for slaughter. L.N. 43/71. 10 of 1986, s. 32(2). Power of authorized officer to refuse to admit animals if insufficient accommodation. L.N. 115/83. Lairages to be provided in licensed premises. L.N. 43/71. L.N. 115/83. L.N. 115/83. Animals to be admitted into reception lairage. L.N. 43/71. Inspection of animals before admission. L.N. 43/71. Unfit animals to be detained in isolation lairage. L.N. 43/71. 10 of 1986, s. 32(2). Power of authorized officer to have diseased or injured animals segregated. L.N. 115/83. Animals detained or segregated may be slaughtered. L.N. 115/83. 10 of 1986, s. 32(2). Examination of carcasses and offal. L.N. 43/71. L.N. 115/83. 10 of 1986, s. 32(2). Management and staffing of licensed premises. L.N. 115/83. 10 of 1986, s. 32(2). Time of admission of animals. 10 of 1986, s. 32(2). Inspection of premises. L.N. 43/71. 10 of 1986, s. 32(2). L.N. 76/82. L.N. 94/86. L.N. 370/81. L.N. 14/83. Water supply. Ablution facilities. L.N. 43/71. L.N. 115/83. 10 of 1986, s. 32(2). Watering of cattle. Unnecessary suffering to be prevented. L.N. 43/71. 10 of 1986, s. 32(2). Maintenance of ventilation. Lighting of premises. L.N. 43/71. L.N.89/79. 10 of 1986, s. 32(2). Maintenance of drainage. Cleanliness of licensed premises, equipment etc. L.N. 115/83. Licensed premised to be kept in good repair, Lime-washing of licensed premises. L.N. 43/71. L.N. 115/83. 10 of 1986, s. 32(2). Cleansing after slaughtering. First aid equipment. L.N. 43/71. Prevention of pests. L.N. 43/71. L.N. 89/79. Keeping of animals therein. Dressing of carcass. Removal of hides, offal, etc. L.N. 43/71. L.N. 115/83. Collection and removal of blood, etc., and cleansing of vessels used in such collection and removal. Person suffering from infectious disease not allowed in licensed premises. L.N. 43/71. Prohibition of injection of carcass. Council may exclude unauthorized persons from parts of licensed premises. L.N. 43/71. 10 of 1986, s. 32(2). Prohibition of removal of live animals. L.N. 43/71. Restriction of entry into licensed premises. Intoxication prohibited. Application to licensee to slaughter. 10 of 1986, s. 32(2). Obedience of orders by users. L.N. 43/71. obstruction of user forbidden. Prohibition of spitting, etc. Prohibition on taking meat etc. to a room containing to toilet. L.N. 115/83. Slaughtering only in part so assigned. L.N. 43/71. 10 of 1986, s. 32(2). Prohibition of interference during slaughter. Settlement of dispute. L.N. 43/71. Provision and cleanliness of instruments and appliances. Authorized officer to mark carcasses and offal fit for human consumption. L.N. 43/71. L.N. 115/83. 10 of 1986, s. 32(2). Third schedule. Transport of carcasses from the licensed premised to any other place. L.N. 115/83. 10 of 1986, s. 32(2). Requirements where meat or offal transported. L.N. 115/83. 10 of 1986, s. 32(2). Offences in respect of carcasses and offal. L.N. 43/71. L.N. 115/83. 10 of 1986, s. 32(2). Carcass or offal may be seized and destroyed if offence committed. L.N. 43/71. 10 of 1986, s. 32(2). Register to be kept by licensee. L.N. 43/71. L.N. 115/83. First Schedule, From 5, 10 of 1986, s. 32(2). L.N. 115/82. Inspection fees. L.N. 43/71. L.N. 294/77. L.N. 212/81. L.N. 115/83. L.N. 127/84. 10 of 1986, s. 32(2). L.N. 238/86. power of public officers to inspect registers. L.N. 43/71. 10 of 1986, s. 32(2). Suspension or cancellation of licence. L.N. 43/71. 10 of 1986, s. 32(2). G.N.A. 100/59. Offences. L.N. 43/71. L.N. 115/83. 10 of 1986, s. 32(2). L.N. 317/87. Penalty. L.N. 317/87. Saving. L.N. 43/71. 10 of 1986, s. 32(2). (Cap. 139, sub. leg.) L.N. 68/87. L.N. 43/71. L.N. 115/83. L.N. 68/87. L.N. 43/71. L.N. 89/79.

Abstract

G.N.A. 86/52. G.N.A. 101/59. G.N.A. 100/59. 30 of 1960. L.N. 53/68. L.N. 43/71. L.N. 94/74. L.N. 294/77. L.N. 89/79. L.N. 212/81. L.N. 370/81. L.N. 76/82. L.N. 115/83. L.N. 127/84. L.N. 67/85. 10 of 1986. L.N. 94/86. L.N. 238/86. L.N. 68/87. L.N. 317/87. Citation and application. L.N. 43/71. 10 of 1986, s. 32(2). Interpretation. L.N. 43/71. 10 of 1986, s. 32(2). L.N. 115/83. L.N. 115/83. (Cap. 139.) Authorized officers. L.N. 43/71. 10 of 1986, s. 32(2). Licence for operation of a slaughter-house. L.N. 68/87. First Schedule, Form 4. Second Schedule. Prohibition of subletting, transferring, etc. of licence. L.N. 43/71. L.N. 115/83. 10 of 1986, s. 32(2). Display of licence. Slaughtering of animals for human consumption. L.N. 43/71. 10 of 1986, s. 32(2). Animals which may be brought into licensed premises. L.N. 43/71. 10 of 1986, s.32(2). Animals to be brought into licensed premises only for slaughter. L.N. 43/71. 10 of 1986, s. 32(2). Power of authorized officer to refuse to admit animals if insufficient accommodation. L.N. 115/83. Lairages to be provided in licensed premises. L.N. 43/71. L.N. 115/83. L.N. 115/83. Animals to be admitted into reception lairage. L.N. 43/71. Inspection of animals before admission. L.N. 43/71. Unfit animals to be detained in isolation lairage. L.N. 43/71. 10 of 1986, s. 32(2). Power of authorized officer to have diseased or injured animals segregated. L.N. 115/83. Animals detained or segregated may be slaughtered. L.N. 115/83. 10 of 1986, s. 32(2). Examination of carcasses and offal. L.N. 43/71. L.N. 115/83. 10 of 1986, s. 32(2). Management and staffing of licensed premises. L.N. 115/83. 10 of 1986, s. 32(2). Time of admission of animals. 10 of 1986, s. 32(2). Inspection of premises. L.N. 43/71. 10 of 1986, s. 32(2). L.N. 76/82. L.N. 94/86. L.N. 370/81. L.N. 14/83. Water supply. Ablution facilities. L.N. 43/71. L.N. 115/83. 10 of 1986, s. 32(2). Watering of cattle. Unnecessary suffering to be prevented. L.N. 43/71. 10 of 1986, s. 32(2). Maintenance of ventilation. Lighting of premises. L.N. 43/71. L.N.89/79. 10 of 1986, s. 32(2). Maintenance of drainage. Cleanliness of licensed premises, equipment etc. L.N. 115/83. Licensed premised to be kept in good repair, Lime-washing of licensed premises. L.N. 43/71. L.N. 115/83. 10 of 1986, s. 32(2). Cleansing after slaughtering. First aid equipment. L.N. 43/71. Prevention of pests. L.N. 43/71. L.N. 89/79. Keeping of animals therein. Dressing of carcass. Removal of hides, offal, etc. L.N. 43/71. L.N. 115/83. Collection and removal of blood, etc., and cleansing of vessels used in such collection and removal. Person suffering from infectious disease not allowed in licensed premises. L.N. 43/71. Prohibition of injection of carcass. Council may exclude unauthorized persons from parts of licensed premises. L.N. 43/71. 10 of 1986, s. 32(2). Prohibition of removal of live animals. L.N. 43/71. Restriction of entry into licensed premises. Intoxication prohibited. Application to licensee to slaughter. 10 of 1986, s. 32(2). Obedience of orders by users. L.N. 43/71. obstruction of user forbidden. Prohibition of spitting, etc. Prohibition on taking meat etc. to a room containing to toilet. L.N. 115/83. Slaughtering only in part so assigned. L.N. 43/71. 10 of 1986, s. 32(2). Prohibition of interference during slaughter. Settlement of dispute. L.N. 43/71. Provision and cleanliness of instruments and appliances. Authorized officer to mark carcasses and offal fit for human consumption. L.N. 43/71. L.N. 115/83. 10 of 1986, s. 32(2). Third schedule. Transport of carcasses from the licensed premised to any other place. L.N. 115/83. 10 of 1986, s. 32(2). Requirements where meat or offal transported. L.N. 115/83. 10 of 1986, s. 32(2). Offences in respect of carcasses and offal. L.N. 43/71. L.N. 115/83. 10 of 1986, s. 32(2). Carcass or offal may be seized and destroyed if offence committed. L.N. 43/71. 10 of 1986, s. 32(2). Register to be kept by licensee. L.N. 43/71. L.N. 115/83. First Schedule, From 5, 10 of 1986, s. 32(2). L.N. 115/82. Inspection fees. L.N. 43/71. L.N. 294/77. L.N. 212/81. L.N. 115/83. L.N. 127/84. 10 of 1986, s. 32(2). L.N. 238/86. power of public officers to inspect registers. L.N. 43/71. 10 of 1986, s. 32(2). Suspension or cancellation of licence. L.N. 43/71. 10 of 1986, s. 32(2). G.N.A. 100/59. Offences. L.N. 43/71. L.N. 115/83. 10 of 1986, s. 32(2). L.N. 317/87. Penalty. L.N. 317/87. Saving. L.N. 43/71. 10 of 1986, s. 32(2). (Cap. 139, sub. leg.) L.N. 68/87. L.N. 43/71. L.N. 115/83. L.N. 68/87. L.N. 43/71. L.N. 89/79.

Identifier

https://oelawhk.lib.hku.hk/items/show/2636

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

17
]]>
Tue, 23 Aug 2011 18:09:28 +0800
<![CDATA[SANITATION AND CONSERVANCY (REGIONAL COUNCIL) BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/2635

Title

SANITATION AND CONSERVANCY (REGIONAL COUNCIL) BY-LAWS

Description






SANITATION AND CONSERVANCY (REGIONAL COUNCIL)
BY-LAWS

ARRANGEMENT OF BY-LAWS

By-law .................................. Page
PART 1

PRELIMINARY

1. Citation............................... ... ... ... ... ... ... ... ... BV

2. Application............................... ... ... ... ... 1 ... ... BV 2

3. Interpretation .............................. ... ... ... ... ... ... BV 2

PART 11

LATRINES AND URINALS

4. Floors of latrines to be constructed of impervious material or paved ... ... ... BV 2

5. Duties of occupiers and owners of premises, etc. with respect to latrine
accommodation ... ... ... ... ... ... ... ... ... ... ... ... ... BV 3
6. Prevention of obstruction to latrines or urinals ... ... ... ... ... ... ... BV 3

PART 111

SANITARY PAILS OR CONTAINERS

7. Duty of occupier of premises not having latrine accommodation ... ... ... BV 3

PARTIV

CONSERVANCY

8. Disposal of contents of sanitary pails, etc . ... ... ... ... ... ... ... ... BV 4
9. Application for conservancy service ... ... ... ... ... ... ... ... ... BV 4

PART V

OFFENCES AND PENALTIES

10. Offences and penalties... ... ... ... ... ... ... ... ... ... ... ... BV 5

Schedule ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... BV 5





SANITATION AND CONSERVANCY (REGIONAL COUNCIL)
BY-LAWS

(Cap. 132, sections 15 and 29)

[1 September 1969.1

PART I

PRELIMINARY

1. These by-laws may be cited as the Sanitation and Con-
servancy (Regional Council) By-laws.

2. (1) Save as provided in paragraph (2) these by-laws shall
apply to the Regional Council area.

(2) Parts 111 and IV of these by-laws shall apply only to those
areas of the Regional Council area set out in the Schedule and more
particularly delineated and marked in red on plans prepared and
signed by the Director of Buildings and Lands and deposited in
the District Office of the area concerned.

3. In these by-laws, unless the context otherwise requires---

'Council' means the Regional Council;
'excretal matter' means human excretal matter but not such matter
after maturation;
'latrine'' means a room used for the housing of a fixed receptacle
provided for the reception of excretal matter;
,,owner' includes any person holding premises direct from the
Crown whether under lease, licence or otherwise, any mort-
gagee in possession and any person receiving the rent of any
premises, solely or with another, on his own behalf or that of
any person, or who would receive the same if such premises
were let to a tenant, and where such owner as above defined
cannot be found or ascertained or is absent from Hong Kong or
is under disability, the agent of such owner;

,,urinal' means a fixed receptacle housed in a latrine for the purpose
of urination.

PART 11

LATRINES AND URINALS

4. The owner, or, if the owner is absent from Hong Kong or
cannot readily be found, the occupier.. of any premises in which a
latrine is installed shall cause the floor of such latrine, to be
constructed of or paved with smooth, hard, impervious material and
shall at all times keep the same in good condition and repair.





5. (1) The occupier of any premises or part of any premises
in which a latrine is installed shall at all times keep such latrine in a
clean and hygienic condition.

(2) The owner, or if the owner is absent from Hong Kong
or cannot readily be found, the occupier of any premises in which
a latrine or urinal is installed shall, if the type of latrine or
urinal installed is such as to require the use of water for flushing
purposes, provide at all times an adequate supply of water for such
purposes.

(2A) For the purposes of paragraph (2), where a latrine or
urinal is connected to a piped water flushing system the supply
of water shall not constitute an adequate supply unless the water
is supplied directly to such latrine or urinal by way of such
system.

(3) Where a latrine or urinal installed in any premises is
ventilated by a mechanical ventilating system, the owner, or if the
owner is absent from Hong Kong or cannot readily be found, the
occupier of the premises shall at all times keep it maintained in
good working order.

6. No person shall insert or permit to be inserted into any
latrine or urinal, which requires the use of water for flushing
purposes, any matter which is not easily soluble in water or which
is likely to prevent or obstruct the proper operation thereof.

PART 111

SANITARY PAILS OR CONTAINERS

7. (1) In any premises in which no latrine accommodation
can be provided the occupier of such premises or part thereof shall
provide sufficient sanitary pails or containers for the use of the
inmates of the premises so that there shall be not less than 1 sanitary
pail or container for each 25 inmates or part thereof.

(2) Every such sanitary pail or container shall-

(a) be of a size suitable to its purpose;

(b) be constructed of smooth impervious material; and

(c)have either a close-fitting lid or cover, or be enclosed in a
box or structure, so made as to prevent the emission of
smell therefrom or the access of flies thereto and con-
structed to the satisfaction of the Council.

(3) Every sanitary pail or container and all fittings or appli-
ances appurtenant thereto shall, at all times, be maintained in good
repair and in a clean and hygienic condition to the satisfaction of the
Council by the occupier of the premises in which it is installed.





PARTIV

CONSERVANCY

8. (1) Subject to the provisions of this by-law, no person
shall dispose of any of the contents of any sanitary pail or container
from any premises or any part of any premises except through a
conservancy service operated by the Council.

(2) The owner or occupier of any premises may apply to the
Council in the manner prescribed in by-law 9 for the provision
of a conservancy service for the premises.

(3) The Council shall, within 7 days after receiving an applica-
tion in the manner prescribed in by-law 9, notify the applicant in
writing whether or not it will provide a conservancy service for the
premises specified in the application.

(4) Where no conservancy service is provided for the time
being to any premises, the occupier of the premises shall dispose of
the contents of every sanitary pail or container at least once in every
24 hours in such manner as to prevent the causing of any nuisance or
smell or the access of flies thereto:

Provided that in no case shall the contents of any sanitary pail
or container be thrown into the sea or into any stream, water-course.
open drain or ditch.

(5) The occupier of any premises for which a conservancy
service is provided shall, unless the Council expressly notifies him
to the contrary, place or cause to be placed each sanitary pail or
container in such a position as-

(a) will be conveniently accessible from the nearest street used
by such conservancy service for collection purposes;

(b)will not necessitate the removal of such sanitary pail or
container through obstructed passageways; and

(c)will not, unless no other method is practicable, necessitate
the removal of such pail or container through any kitchen,
bedroom or sleeping quarter:

Provided that in no case shall any sanitary pail or container be
placed in a street.

9. (1) Every application for the provision of a conservancy
service shall be made in writing addressed to the Council and shall
state-

(a) the date upon which the service is required to commence;

(b) the full name and address of the applicant;

(c)the full name and address of the owner of the premises in
question, unless such owner is the applicant; and





(d)the address in detail of the premises for which the service is
required.

(2) Where the applicant for a conservancy service does not
expect that the service will be required by him for more than 30 days,
he may state in the application that a temporary service is required
and shall state, as near as may be, the date from which he wishes the
service to cease.

(3) The owner or occupier of premises for which a conser-
vancy service will no longer be required shall give to the Council
not less than 3 davs notice thereof in writing and shall, in such
notice, state why t~e service will no longer be required.

(4) Where application is made by the occupier of any premises
for the provision of a conservancy service and where notice is given
to the Council that the provision of a conservancy service for any
premises will no longer be required, the Council shall, save where
the applicant or the person giving such notice is the owner, or the
agent in Hong Kong of the owner, of such premises, cause notice
in writing of the receipt of the application or notice and of the
determination thereon to be sent to the owner or his agent in Hong
Kong addressed to the last address in Hong Kong of either of them
which is known to the Council.

PART V

OFFENCES AND PENALTIES

10. (1) Any person who contravenes any of the provisions of
by-law 4 or 5 shall be guilty of an offence and shall bi~ liable on
conviction to a fine of $500 and to imprisonment for 14 days and,
where the offence is a continuing offence, shall be liable in addition
to a fine of $10 for each day during which it is proved to the
satisfaction of the court that the offence has continued.

(2) In any prosecution for the contravention of by-law 5(2)
it shall be a defence if the owner or occupier of the premises satisfies
the court that he had lawful excuse for failing to provide an
adequate supply of water for flushing purposes.

(3) Any person who contravenes any of the provisions of
by-law 6, 7 or 8 shall be guilty of an offence and shall be liable on
conviction to a fine of S250 and to imprisonment for 7 days,and
where the offence is a continuing offence, shall be liable in addition
to a fine of $5 for each day during which it is proved to the
satisfaction of the court that the offence has continued.


SCHEDULE [by-law 2.]

1. Tsuen Wan.
2. Kau Wa Keng.
L.N. 93/68. L.N. 94/74. L.N. 29/78. L.N. 371/81. L.N. 76/82. L.N. 67/85. 10 of 1986. L.N. 94/86. L.N. 115/69. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Schedule. L.N. 94/74. L.N. 370/81. L.N. 76/82. L.N. 94/86. Interpretation. 10 of 1986, s. 32(2). L.N. 67/85. Floors of latrines to be constructed of impervious material or paved. Duties of occupiers and owners of premises, etc. with respect to latrine accommodation. L.N. 29/78. Prevention of obstruction to latrines or urinals. Duty of occupier of premises not having latrine accommodation. 10 of 1986, s. 32(2). Disposal of contents of sanitary pails, etc. 10 of 1986, s. 32(2). Application for conservancy service. 10 of 1986, s. 32(2). Offences and penalties. 10 of 1986, s. 32(2).

Abstract

L.N. 93/68. L.N. 94/74. L.N. 29/78. L.N. 371/81. L.N. 76/82. L.N. 67/85. 10 of 1986. L.N. 94/86. L.N. 115/69. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Schedule. L.N. 94/74. L.N. 370/81. L.N. 76/82. L.N. 94/86. Interpretation. 10 of 1986, s. 32(2). L.N. 67/85. Floors of latrines to be constructed of impervious material or paved. Duties of occupiers and owners of premises, etc. with respect to latrine accommodation. L.N. 29/78. Prevention of obstruction to latrines or urinals. Duty of occupier of premises not having latrine accommodation. 10 of 1986, s. 32(2). Disposal of contents of sanitary pails, etc. 10 of 1986, s. 32(2). Application for conservancy service. 10 of 1986, s. 32(2). Offences and penalties. 10 of 1986, s. 32(2).

Identifier

https://oelawhk.lib.hku.hk/items/show/2635

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

5
]]>
Tue, 23 Aug 2011 18:09:28 +0800
<![CDATA[RESTRICTION OF HAWKING IN SPECIAL AREAS (REGIONAL COUNCIL AREA) (CONSOLIDATION) NOTIFICATION]]> https://oelawhk.lib.hku.hk/items/show/2634

Title

RESTRICTION OF HAWKING IN SPECIAL AREAS (REGIONAL COUNCIL AREA) (CONSOLIDATION) NOTIFICATION

Description






RESTRICTION OF HAWKING IN SPECIAL AREAS
(REGIONAL COUNCIL AREA) (CONSOLIDATION)
NOTIFICATION

(Hawker (Regional Council) By-laws, by-law 5)

[7 September 1973.]

1. This notification may be cited as the Restriction of
Hawking in Special Areas (Regional Council Area) (Consolidation)
Notification.

2. The places or areas described in the Schedule are pre-
scribed as places or areas within which no hawker may hawk unless
his licence is endorsed by the Regional Council with permission to
hawk therein.

SCHEDULE

Yuen Long District
New Street, Yuen Long
Mau Tan Street, Yuen Long
Tai Tong Road, Yuen Long, between its intersection with (the northern
boundary of Fau Tsoi Street) and the Kwong Ming School
The street in Yuen Long, as yet unnamed, between New Street and Mau Tan
Street bounding the hawker bazaar on its eastward side
Tai San Street-whole length
Tai Kiu Road
On Lok Road
Wang Chau Road between On Lok Road and On Ning Road
On Ning Road
All Crown land constituting the Lok Ma Chau Police Station and lookout and
the access road thereto and all neighbouring areas within 100 metres of the
above station and the access road as shown in the plan deposited in the office
of the Hawker Section of the Urban Services Department
Fau Tsoi Street-between Tai San Street and Hop Yee Street, Yuen Long, New
Territories
Castle Peak Road-the section between District Office, Yuen Long and its
junction with Fung Cheung Road
Tai Yuk Road-whole length
Kau Yuk Road-whole length
Fung Nin Road-whole length
Hong Lok Road-whole length
Kik Yeung Road-whole length
Shau. Fu Street-the section from Nullah to Pau Cheung Street
Tung Lok Street-whole length
Fook Tak Street-whole length
Fook Hong Street-whole length
Sai Tai Street-whole length
Kuk Ting Street-whole length





Tai Cheung Street-whole length

Pau Cheung Square-whole length

Yau San Street-whole length

Hop Yick Road-whole length

Fung Cheung Road-the section between Hop Yick Road and Castle Peak
Road

Fook Hong Street Sitting-out Area-the section between On Ning Road and
Fook Tak Street

Fook Tak Street Sitting-out Area-the area bounded by YLTL 3775 and YLTL
3674 RP, and of some 18 metres in length from its junction with Tung Lok
Street

Fung Nin Road Sitting-out Area-the section between Kau Yuk Road and On
Hing Road

Tai Pei Tau Path Sitting-out Area-the area bounded by YLTL 3794 and YLTL
76, and of some 26 metres in length from its junction with Fung Nin Road

The area bounded by YLTL 95 and YLTL 3781A, and of some 33.5 metres in
length from its junction with Castle Peak Road

The area bounded by YLTL 100, YLTL 114, On Lok Road and Tung Tai Street

The area bounded by YUL 146 and YLTL 267, and. of some 15 metres in length
from its junction with On Ning Road

The area bounded by YUL 138 and YLTL 264, and of some 15 metres in length
from its junction with On Ning Road

The area bounded by YUL 166 and YLTL 235, and of some 15 metres in length
from its junction with On Ning Road

The area bounded by YLTL 58 and YLTL 3687, and of some 18 metres in length
from its junction with Castle Peak Road

The area bounded by YLTL 50, YLTL 88 and the Depot of the Kowloon Motor
Bus Co. Ltd. and of some 30 metres in length from its junction with Castle
Peak Road

The area bounded by YUL 86, YUL 112 and the Seventh-day Adventist
Church, and of some 45 metres in length from its junction with Castle Peak
Road
The area bounded by YUL 68, YLTL 77, YLTL 3802, YUL 3794, Castle Peak
Road and Tai Pei Tau Path

The area bounded by YUL 43, YUL 61 and YUL 73, and of some 27 metres
in length from its junction with Kau Yuk Road

Ma Miu Road-whole length

Sha Tin District

Tai Wai Road-whole length
Shing Ho Road-whole length
Chik Chuen Street-whole length

Chik Choi Lane-whole length

Wo Liu Hang Road-whole length







Fe, Tan Road-whole length

Wo Shui Street-whole length

Wo Shing Street-whole length





Wo Heung Street-whole length
The entire length of the lane at side of Fo Tan Temporary Cooked Food Market
between its junction with Wo Liu Hang Road and the Oil Depot
All neighbouring areas and access roads, which are within 100 metres radius from
Sha Tin Market, Area 7, as shown in the plan kept in the Regional Services
Office (Sha Tin), except the following-
(a)Sha Tin Rural Committee Road-the section of about 145 metres in
length bounded by the four flyovers of Tai Po Road (Sha Tin);
(b)Tai Po Road-the section between Sha Tin Station Building and Sha Tin
Rural Committee Road;
(c)The four flyovers of Tai Po Road (Sha Tin) joining Sha Tin Rural
Committee Road.
Tai Po Road-the section between its junction with Shing Ho Road and its
junction with Tai Wai Road
Chik Shun Street-whole length
Chik Fu Street-whole length
Chik Fuk Street-whole length
Chik Tak Lane-whole length
Chik Sau Lane-whole length
Au Pui Wan Street-whole length
Kwei Tei Street-whole length
Min Fong Street-whole length
Cheung Lek Mei Street-whole length
Shan Mei Street-whole length
Wong Chuk Yeung Street-whole length
Sui Wo Road-the section between its junction with Fo Tan Road and its
junction with Wong Chuk Yeung Street
Yuen Wo Road-the section between its junction with Sha Tin Rural Com-
mittee Road and its junction with Fo Tan Road
Sha Tin Rural Committee Road-the section between its junction with Yuen Wo
Road and its junction with Tai Chung Kiu Road
The Taxi Stand at Sha Tin Station Circuit
The Bus Terminus in front of Sha Tin Kowloon Canton Railway Station
Tai Chung Kiu Road-the section between its junction with Lion Rock Tunnel
Road and its junction with Siu Lek Yuen Road
Sha Kok Street-whole length
Sha Tin Wai Road-the section between its junction with Tai Chung Kiu Road
and its junction with Siu Lek Yuen Road
Ngan Shing Street-whole length
Chap Wai Kon Street-whole length
Siu Lek Yuen Road-whole length
Lion Rock Tunnel Road-the section near and at side of the Sun Tin Wai Estate
Che Kung Miu Road-whole length
Tin Sam Street-whole length
Hung Mui Kuk Road-the section between its junction with Tin Sam Street and
its junction with Tsuen Nam Road
Heung Fan Liu Street-whole length





The open space at the end of Chui Tin Street Circuit under the flyover of Hung
Mui Kuk Road
Chui Tin Street-whole length
Man Lai Road-whole length
Man Lam Road-whole length
Shing Chuen Road-whole length
Shing Wan Road-whole length
Shing Hing Street-whole length
Tsuen Nam Road-whole length
Mei Tin Road-whole length
Tsung Tau Ha Road-the section between its junction with Fo Tan Road and its
junction with Kwei Tei Street
Wo Che Street-whole length

Tai Po District
Kwong Fuk Road-between its junction with the road leading to the District
Office, Tai Po, and its junction with Ting Kok Road
Tung Cheong Street-whole length
Tung Fat Square-whole length
Tung Sau Square-whole length
Tung Man Square-whole length
Luk Heung Lane-whole length
Plover Cove Road-whole length
Po Yick Street-whole length
Wai Yan Street-whole length
Narn Shing Street-whole length
Wai Yi Street-whole length
On Fu Road-whole length
Tsing Yuen Street-whole length
Yan Hing Street-whole length
Fu Shin Street-whole length
Shung Tak Street-whole length
Hei Yuen Street-whole length
Sui On Street-whole length
Pak Shing Street-from its junction with Kwong Fuk Road up to and including
the public latrine and bath house
Dai Kwai Street-whole length
Dai Fu Street-whole length
Dai Shun Street-whole length
Dai Li Street-whole length
Dai Pang Street-whole length
Dai Wang Street-whole length
Dai Cheong Street-whole length
Dai Shing Street-whole length
Dai Fat Street-whole length





Heung Sze Wui Street-whole length
Heung Sze Wui Square-whole square
Po Heung Street-whole length
Po Heung Square-whole square
Tai Kwong Lane-whole length
Kwong Fuk Lane-whole length
Kwong Fuk Square-whole square
Tai Wing Lane-whole length
Tai Ming Lane~-whole length

Kwai Chung District
Tai Lin Pai Road-whole length
Kwai Wing Road-whole length
Kwai Cheong Road-whole length
Wo Yi Hop Road-the section between its junction with Lei Mulc Road and its
junction with Castle Peak Road
Kwong Fai Circuit-whole circuit
Wo Tong Tsui Street-the section between its junction with Kwai Chung Road
and its junction with Kwai Hing Road
Carpark at the end of Shek Yam Road beyond its junction with Shek Yi Road
Pedestrian walk on Container Port Flyover-the section between its junction
with Container Port Road and its junction with the entrance to Lai King MTR
Station
Container Port Road-whole length
Hing Fong Road-the section between its junction with Tai Wo Hau Road and
its junction with Kwai Fuk Road
Ka Hing Road-whole length
Ka Ting Road-whole length
Ko Fong Street-whole length
Kwai Fat Road-whole length
Kwai Foo Road-whole length
Kwai Fuk Road-whole length
Kwai Hing Road-the section between its junction with Wo Tong Tsui Street
and its junction with Hing Fong Road
Kwai Hop Street-whole length
Kwai Sau Road-whole length
Kwai Shing Circuit- whole circuit
Kwai Ting Road-whole length
Kwai Yan Road-whole length
Kwai Yi Road-whole length
Kwai Yip Street-whole length
Kwok Shui Road-the section between its junction with Texaco, Road and its
junction with Ting Kwok Street
Lai King Hill Road-the section between its junction with Kwai Fuk Road
Flyover and its junction with Lai King Hill Road Flyover





Lei Muk Road-whole length
Shing Fong Street-whole length
Tai Loong Street-whole length
Tai Pak Tin Street (from Tai Loong Street to Shek Li Street)
Tai Wo Hau Road-the section between its junction with Kwai Shing Circuit
and its junction with Hing Fong Road
Tung Chi Street-whole length
Wai Kek Street-whole length
Wing Fong Road-whole length
Wing Fong Street-whole length
Wo Tong Tsui Street-whole length
Castle Peak Road (Kwai Chung)--the section between its junction with Wo Yi
Hop Road and its junction with the approach road to Chung Shan Terrace
Tai Yuen Street-whole length

North District
Jockey Club Road-the section between its junction with San Fung Avenue and
its junction with Lung Sum Avenue
San Fung Avenue-the section between its junction with Jockey Club Road and
its junction with the approach road to Sheung Shui Railway Station
Tsun Fu Street-whole length
Fu Hing Street-whole length
San Shing Avenue-whole length
San Hong Street-whole length
San Kung Street-whole length
San Kin Street-whole length
San Tsoi Street-whole length
San Fat Street-whole length
San Cheung Street-whole length
Sha Tau Kok Road-the section between its junction with Fanling Roundabout
and the location some 100 metres north east of the refuse collection point as
shown in the plan deposited in the Urban Services Office (Tai Po)
Fanling Playground Road-whole length
Luen Wo Road-whole length
Wo Fung Street-whole length
Wo Lung Street-whole length
Luen Cheong Street-whole length
Luen Shing Street-whole length
Luen Hing Street-whole length

Tsuen Wan District
Hoi Pa Street-whole length
Kwai Chung Road-the section between its junction with Castle Peak Road
and its junction with Tai Lin Pai Road
Kwai Fong and Kwai Hing Estates-the whole area inside the boundaries of the
2 estates and the unnamed new roads around





Shek Yam and Lei Muk Shue Estates-the whole area inside the boundaries of
the 2 estates
Fuk Loi Estate-the whole area inside the boundary of the estate including the
unnamed new road at side of Block 14 and the section of Heung Che Street
between its junction with Hoi Pa Street and its junction with Castle Peak Road
Castle Peak Road-the section between its junction with Sha Tsui Road and its
junction with Wo Yi Hop Road
Sha Tsui Road-its entire length
Chuen Lung Street-the section between its junction with Siu Wo Street and its
junction with Ho Pui Street
Chung On Street-its entire length
Kai Chi Close-its entire length
Castle Peak Road-the section between its junction with Chai Wan Kok Street
and its junction with Sha Tsui Road
Tso Kung Square-the whole area
Tso Kung Street-the entire length
Tung Chi Street-the section between its junction with Lei Muk Road and its
junction with Shek Yam Road
Shek Yam Road-the section between its junction with Tung Chi Street and its
junction with Shek Yi Road
Tai Ho Road-the section between its junction with Castle Peak Road and its
junction with Sha Tsui Road
Sai Lau Kok Street-the entire length
Tsuen Wan Market Street-the section between its junction with Chung On
Street and its junction with Tai Ho Road
Hau Tei Square-the whole square
Chuen Lung Street-the section between its junction with Ho Pui Street and its
junction with Yeung Uk Road
Heung Che Street-the section between its junction with Castle Peak Road and
its southern end
Tak Wah Street-the section between its junction with Ham Tin Street and its
junction with Yan Chai Street
Ham Tin Street-the section between its junction with Sha Tsui Road and its
junction with Tak Wah Street
The open space along the sea front south of Yeung Uk Road Temporary Market
between Hong Kong Water Works Tsuen Wan Central Salt Water Pumping
Station and Ma Tau Pa Road, except for the area within the boundary of the
Tsuen Wan Public Cargo Handling Area
Yan Chai Street-whole length
Ma Kok Street-whole length
Wang Lung Street-the section between its junction with Ma Kok Street and its
junction with Yeung Uk Road
Kwu Hang Road-whole length
Luen Yan Street-whole length
Chai Wan Kok Street-the section between its junction with Castle Peak Road
and Pun Shan Street
Yeung Uk Road-whole length
Ho Pui Street-whole length
Wo Tik Street-whole length
Tai Pei Square-the whole square
Yi Pei Square-the whole square
Same Pei Square-the whole square
Sze Pei Square-the whole square





Lo Tak Court-the whole court
Cheong Tai Street-whole length
On Wing Street-whole length
Dung Fat Street-whole length
Fu Wing Street-whole length
Wan Tung Street-whole length
Fu Wah Street-whole length
Kin Ming Street-whole length
Chuen Hing Path-whole length
Sai Lau Kok Road-whole length including the bus terminus and the taxilmaxi-
cab stand
Tai Ho Road-the section between its junction with Sha Tsui Road and its
junction with Yeung Uk Road
The area bounded by Tai Ho Road, Sha Tsui Road and Yuen Tun Circuit
Texaco Road-whole length

Tuen Mun District
Unnamed road (formerly known as San Ching Road)-the section between its
junction with San Hui Main Street and its junction with Ho Pong Street
Heung Sze Wui Road-the section between its junction with Ho Pong Street and
its junction with Pui To Road
Carpark of Castle Peak Beach at 191 M.S. Castle Peak Road (including
pavement of Castle Peak Road)
Kai Man Path-bounded in the south by Yan Ching Circuit and in the north up
to and including 45 Kai Man Path
Yan Ching Circuit-the section as shown in the plan deposited in the Urban
Services Office (Tuen Mun)
Yan Oi Tong Circuit-whole circuit
Castle Peak Road-the section between its junction with Pui To Road and in the
north up to and including Tuen Mun District Office Building
Carpark of Cafeteria Beach (New)-whole car park
Carpark of Cafeteria Beach (Old)-whole car park and including the pavement
on that section of Castle Peak Road
Carpark of Kadoorie Beach-whole car park and including the unnamed access
road leading from Castle Peak Road thereto
Kai Fat Path-whole path
Vicinity around Sam Shing Estate, in particular the area between Castle Peak
Road and the Marie Workshops situated on the Mouse Island Resite Area
Tak Ching Court-whole court
Kin Lung Street-whole length
Kin Wong Street-whole length
Kin Wing Street-the section between its junction with Kin On Street and its
junction with Kin Fat Street
Kin On Street-the section between its junction with Kin Wing Street and its
junction with Ho Tin Street
Kin Fat Lane-whole length
Tsing Yeung Circuit-whole length





Kin Kei Street-whole length
Kin Fat Street-the section between its junctions with Tsing Yeung Circuit
Kin Fung Circuit-whole length
Tsing Wui Street-whole length
Tsing Ho Square-the section between its junction with Tsing Hoi Circuit and
Tsing Wui Street
Tsing Shan Square-the section between its junction with Tsing Ho Square and
Tsing Hoi Circuit
San Lik Street-whole length
The carpark including its pavement joining San Lik Street and Hung Cheung
Road
San Ping Circuit-the section between its junction with San Yick Lane and Hung
Cheung Road
Hung Cheung Road-the section between its junction with Pui To Road and its
junction with San Ping Circuit (Road 12F)
San On Street-whole length
San Hop Lane-whole length
Kai Man Path-the section between its junction with Luk Yuen Street and its
junction with Road 10D at side of San Hui Market
Luk Yuen Street-whole length
Road 10D at side of San Hui Market-whole length
San Tsing Street-the section between Man Po Building C.P.T.L. 10 and its
junction with Road 10D at side of San Hui Market
Tsing Yin Street-the section between its junction with San Tsing Street and its
junction with Lee Fat Path
Lee Fat Path-whole length
Ming Oi Street-whole length
Ho Pong Street-the section between its junction with Ming Oi Street and its
junction with Pui To Road
Kei Lun Path-whole length
Tat Yan Square-whole length

Tai 0
The entire length of Tai 0 Road from Keung Shan to and including the Tai 0
bus terminus and car park

Lantau Island
South Lantau Road from the Mui Wo Ferry Concourse to Keung Shan Road

Cheung Chau
Tung Wan Road-entire length
Hing Lung Back Street-between its junction with Tung Wan Road and its
junction with Mar Tau Chik Street
Mar Tau Chik Street-entire length
L.N. 170/73. L.N. 96/80. L.N. 237/81. L.N. 307/81. L.N. 128/82. L.N. 231/83. L.N. 316/83. L.N. 75/85. L.N. 294/85. L.N. 366/85. 10 of 1986. Citation. 10 of 1986, s. 32(2). Restricted areas. L.N. 75/85. 10 of 1986, s. 32(2). L.N. 294/85. L.N. 307/81. L.N. 231/87. L.N. 366/85. L.N. 128/82. L.N. 366/85. L.N. 316/82. L.N. 366/85. L.N. 96/80. L.N. 237/81. L.N. 307/81. L.N. 128/82. L.N. 231/83. L.N. 316/83. L.N. 366/85. L.N. 307/81. L.N. 366/85. L.N. 307/81. L.N. 231/83. L.N. 128/82. L.N. 231/83. L.N. 128/82.

Abstract

L.N. 170/73. L.N. 96/80. L.N. 237/81. L.N. 307/81. L.N. 128/82. L.N. 231/83. L.N. 316/83. L.N. 75/85. L.N. 294/85. L.N. 366/85. 10 of 1986. Citation. 10 of 1986, s. 32(2). Restricted areas. L.N. 75/85. 10 of 1986, s. 32(2). L.N. 294/85. L.N. 307/81. L.N. 231/87. L.N. 366/85. L.N. 128/82. L.N. 366/85. L.N. 316/82. L.N. 366/85. L.N. 96/80. L.N. 237/81. L.N. 307/81. L.N. 128/82. L.N. 231/83. L.N. 316/83. L.N. 366/85. L.N. 307/81. L.N. 366/85. L.N. 307/81. L.N. 231/83. L.N. 128/82. L.N. 231/83. L.N. 128/82.

Identifier

https://oelawhk.lib.hku.hk/items/show/2634

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

9
]]>
Tue, 23 Aug 2011 18:09:27 +0800
<![CDATA[PUBLIC SWIMMING POOLS (URBAN COUNCIL) BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/2633

Title

PUBLIC SWIMMING POOLS (URBAN COUNCIL) BY-LAWS

Description






PUBLIC SWIMMING POOLS (URBAN COUNCIL) BY-LAWS

ARRANGEMENT OF BY-LAWS

By-law Page

1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... BT 2
2. Application ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... BT 2
3. Interpretation ... ... ... ... ... ... ... .. . ... ... ... ... ... ... BT 2
4. General offences ... ... ... ... ... ... ... ... ... ... ... ... BT2
5. Restriction on trading and begging in precincts of swimming pool BT 3
6. Exclusion of adults from children's pools ... ... ... ... ... ... BT 3
7. Exclusion of adults from dressing rooms allocated to persons of the other sex BT 3
8. Personal hygiene ... ... ... ... ... ... ... ... ... ... ... ... ... ... BT 3
8A. Exclusion of persons suffering from certain diseases ... ... ... ... ... ... BT 4
8B. Power to exclude or remove certain persons ... ... ... ... ... ... ... ... BT 4
9. Opening and closing of swimming pool ... ... ... ... ... ... ... ... ... BT 4
10. Fees and charges ... ... ... ... ... ... ... ... ... ... ... ...------BT 4
10A. Fees for the use of public address system ... ... ... ... ... ...---.. ... BT 5
10B. Fees for use of electronic timing equipment ... ... ... ... ... ... ... ... BT 5
10C. Fee for use of gymnasium facilities... ... ... ... ... ... ... ... ... ... BT 5
11. Power to make subsidiary orders ... ... ... .. .. ... ... ... ... ... ... BT 6
12. Penalty for obstructing attendants or supervisors ... ... ... ... ... ... ... BT6
13. General penalties and power to remove offenders from swimming pool ... ... BT 6
14. Name in which proceedings for offences may be brought ... ... ... ... ... BT 6





PUBLIC SWIMMING POOLS (URBAN COUNCIL)
BY-LAWS
VA
(Cap. 132, sections 42 and 149)

[27 September 1957.1

1. These by-laws may be cited as the Public Swimming Pools
(Urban Council) By-laws.

2. These by-laws apply only to public swimming pools in the
Urban Council area.

3. In these by-laws, unless the context otherwise requires-

'attendant' means a person employed as an attendant at any
swimming pool;

'communicable disease' includes amoebiasis, cerebrospinal
meningitis, cholera, diphtheria, dysentery, enteric fever,
gastroenteritis, acute inflammation of the throat, infectious
hepatitis, leprosy, any form of tinea infection, tuberculosis,
poliomyelitis, pediculosis, scabies, scarlet fever, smallpox, any
venereal disease or any generalized skin infection, trachoma
and acute conjunctivitis;

'Council' means the Urban Council;

'plastic foam' means polystyrene and any other man-made plastic
material;

'supervisor' means a person appointed by the Director of Urban
Services to manage or assist in the management of a swimming
pool;

'swimming pooV includes any children's swimming or paddling
pool.

4. No person, within a swimming pool or the precincts
thereof, shall-

(a)spit, except into a spittoon or other receptacle provided by
the Council for that purpose;

(b)conduct himself otherwise than in a quiet, decent and
orderly manner;

Note:These by-laws are deemed to have been made under section 42 of the
Public Health and Municipal Services Ordinance, Chapter 132-see sec-
tion 149(1) of that Ordinance.





(c)do any act which is likely to endanger, obstruct, incon-
venience or annoy any person;
(d)throw or otherwise dispose of any litter, paper or rubbish,
except into bins or containers provided by the Council
therefor;
(e)break, deface, foul, soil or otherwise damage any wall,
building, fence, seat, diving board, swing or any other
equipment, apparatus or facility or any place, or foul or
pollute any water;
remove or interfere with any life saving apparatus or
equipment;
(g)without reasonable cause, utter any cry or make any noise
or disturbance, with the intention of causing alarm or
anxiety to spectators, attendants or bathers;
(h)smoke in the swimming pool or upon any sidewalk
immediately adjacent thereto or upon any diving board or
other apparatus or facility adjoining the swimming pool;
(i)except with the permission of an attendant, enter a swim-
ming pool or walk or stand upon any sidewalk immedi-
ately adjacent thereto unless dressed for bathing;
(j)except with the permission of an attendant, introduce
into a swimming pool any soap, towel or clothing, or any
ball, model boat or other toy, or bring into the precincts
of a swimming pool any deck chair, sunshade, umbrella,
musical instrument, wireless set or other like object, or any
kind of food or drink, or any animal or any glass swimming
goggles or any objects made of plastic foam;
(k)except in any dressing room, appear or go about naked or
so sparsely clad as to offend against public decency.

5. No person within the precincts of a swimming pool, except
with the written permission of the Council, shall sell or let to hire or
offer or expose for sale or letting to hire any article or thing or any
personal services or shall beg for alms or solicit gifts or contributions
to charity.

6. Except with the permission of an attendant, no person over
the age of 14 years shall enter any part of a swimming pool designed
or set apart for children unless he be in company with and in charge
of a child.

7. No person over the age of 8 years shall enter the dressing
room or other compartment reserved for the opposite sex.

8. No person shall enter a swimming pool without first having
passed through a shower bath and foot bath.





8A. No person shall enter the precincts of a swimming pool
while knowingly suffering from any communicable disease.

8B. (1) Any person to whom this by-law applies may be re-
fused admission to the precincts of a swimming pool or be ordered
by any attendant or supervisor forthwith to leave those precincts
and, in the event of failure to comply with such order, be removed,
if need be, by force.

(2) This by-law applies to any person who in the opinion of the
supervisor of the swimming pool-

(a) may be sufPering from a communicable disease;

(b) is under the influence of drink or drugs;

(c) has an open cut or wound; or

(d)is otherwise in such a physical condition that his presence
in the precincts of the swimming pool would not be in the
interests of other bathers.

9. The Council may specify-

(a)the days on which swimming pools may be open or closed
to the public;

(b) the opening and closing times of swimming pools; and

(c)the number of sessions in a day and the duration of each
session,

and may direct that any swimming pool or any part thereof be
closed to the public on any occasion for the purpose of carrying out
repairs or other works or for the purpose of organized swimming
practices or contests, aquatic sports or similar entertainments.

10. (1) Subject to this by-law, a person using a swimming
pool during a session specified by the Council under by-law 9 shall
pay to the Council-

(a)$8 if he is 14 years of age or more; or
(b)$4 if he is under the age of 14 years.

(2) In the case of any organized party of persons sponsored by
and under the care of any organization approved by the Council, the
Council may reduce or waive the fees prescribed in paragraph (1) or
may permit such organization to pay a compounded fee in respect
of the use of a swimming pool by such party, or any number of such
parties, over such period of time as may be agreed between the Council
and the organization.

(3) In any case where a swimming pool is closed to the public
under by-law 9 for the purpose of any organized swimming practice,
contest, aquatic sport or entertainment, the Council may make such





charges for the use of a swimming pool or the entry of spectators
thereto as the Council shall consider reasonable, or, in the case of any
other persons organizing the same, may make such consolidated
charge against such persons as shall be agreed between the Council
and such persons, and in addition thereto may prescribe such limita-
tions or restrictions upon the charges which such persons may recover
from the public in respect of the use of or entry to a swimming pool
as the Council may consider reasonable in the circumstances.

(4) In the case of any person sponsored by the Hong Kong
Amateur Swimming Association and recommended by such body to
the Council as being a swimmer or diver of outstanding promise or
merit, the Council may, having regard to the financial circumstances
of such person, reduce or waive the fees prescribed in paragraph (1)
or may permit such person to pay a compounded fee in respect of the
use of a swimming pool by such person over such period of time as
the Council may consider reasonable.

(5) The Council may waive or reduce the fees prescribed under
paragraph (1) in respect of the use of a children's swimming pool or
paddling pool.

(6) Except with the prior permission of an attendant, no person
shall enter the precincts of a swimming pool-

(a) without first having paid-

(i) the appropriate fee prescribed in paragraph (1) or
that fee reduced by the Council in accordance with this
by-law; or
(ii) where applicable, the appropriate fee or charge
payable under paragraph (3); or

(b)unless the appropriate fee compounded under paragraph
(2) or (4) has been paid.

10A. The following fees shall be payable to the Council for the
use of the public address system installed at swimming pools-

For the first hour ................$65
For each additional hour or part thereof $22.

10B . The following fee per occasion not exceeding 4 hours
shall be paya le to the Council for the use of the electronic timing
equipment installed at swimming pools-

Timer with 8-lane scoreboard ......$205
Timer with 1-lane scoreboard ......$165

Timer without scoreboard .........$100.

10C. A fee of $16 per occasion not exceeding 1 hour shall
2
be payable to the Council for the use of gymnasium facilities
provided at swimming pools.





11. (1) The Council may issue from time to time under the
hand of the secretary such subsidiary orders as may be necessary for
the proper management and control of swimming pools, including
the fixing or regulating of prices of any food or drink sold thereat.

(2) A copy of every order made under paragraph (1) shall be
posted in a conspicuous place within the precincts of all swimming
pools to which such order refers.

12. Any person who obstructs or resists any attendant or
supervisor in the exercise of his duty or who fails to comply with
any reasonable direction given by such attendant or supervisor for
the purpose of giving effect to any of the provisions of any of these
by-laws or any order made under by-law 11, shall be guilty of an
offence, and shall be liable to a fine of $50.

13. (1) Any person who contravenes any of the provisions of
by-law 4, 5, 6, 7, 8, 8A or 10(6) shall be guilty of an offence and liable
to a fine of $1,500.

(2) Any person who contravenes any of the requirements of
any order issued under by-law 11 shall be guilty of an offence and
liable to a fine of $50.

(3) In addition to any penalty prescribed by this by-law any
person contravening any of the by-laws mentioned in paragraph (1)
or any order mentioned in paragraph (2) may be ordered by any
attendant or supervisor of a swimming pool forthwith to leave the
precincts thereof and, in the event of failure to comply with such
direction, he may be removed, if need be, by force.

14. Without prejudice to the provisions of any other enact-
ment relating to the prosecution of criminal offences and without
prejudice to the powers of the Attorney General in relation to the
prosecution of such offences, prosecutions for an offence under any
of the provisions of these by-laws may be brought in the name of
the Council.
G.N.A. 79/57. G.N.A. 26/61. G.N.A. 55/62. L.N. 84/70. L.N. 47/72. L.N. 75/73. L.N. 152/74. L.N.80/75. L.N. 81/76. L.N. 42/80. L.N. 93/80. L.N. 95/81. L.N. 179/82. L.N. 95/83. L.N. 161/85. 10 of 1986. L.N. 145/87. L.N. 238/87. Citation. 10 of 1986, s. 32(2). Application. G.N.A. 55/62. 10 of 1986, s. 32(2). Interpretation. G.N.A. 55/62. L.N. 238/87. L.N. 81/76. L.N. 47/72. L.N. 238/87. General offences. G.N.A. 55/62. G.N.A. 55/62. L.N. 152/74. G.N.A. 55/62. L.N. 152/74. L.N. 47/72. Restriction on trading and begging in precincts of swimming pool. G.N.A. 55/62. Exclusion of adults from children's pools. G.N.A. 55/62. L.N. 152/74. Exclusion of adults from dressing rooms allocated to persons of the other sex. L.N. 152/74. Personal hygiene. L.N. 238/87. Exclusion of persons suffering from certain diseases. L.N. 238/87. Power to exclude or remove certain persons. L.N. 238/87. Opening and closing of swimming pool. G.N.A. 55/62. L.N. 81/76. Fees and charges. L.N. 179/82. L.N. 95/83. L.N. 161/85. L.N. 145/87. L.N. 81/76. G.N.A. 55/62. G.N.A. 55/62. G.N.A. 55/62. L.N. 81/76. Fees for the use of public address system. L.N. 179/82. L.N. 95/83. L.N. 135/84. Fees for use of electronic timing equipment. L.N. 135/84. Fees for use of gymnasium faclities. L.N. 135/84. L.N. 161/85. Power to make subsidiary orders. G.N.A. 55/62. G.N.A. 55/62. Penalty for obstructing attendants or supervisors. L.N. 152/74. L.N. 238/87. General penalties and power to remove offenders from swimming pool. L.N. 81/76. L.N. 238/87. G.N.A. 55/62. L.N. 152/74. Name in which proceedings for offences may be brought. G.N.A. 55/62.

Abstract

G.N.A. 79/57. G.N.A. 26/61. G.N.A. 55/62. L.N. 84/70. L.N. 47/72. L.N. 75/73. L.N. 152/74. L.N.80/75. L.N. 81/76. L.N. 42/80. L.N. 93/80. L.N. 95/81. L.N. 179/82. L.N. 95/83. L.N. 161/85. 10 of 1986. L.N. 145/87. L.N. 238/87. Citation. 10 of 1986, s. 32(2). Application. G.N.A. 55/62. 10 of 1986, s. 32(2). Interpretation. G.N.A. 55/62. L.N. 238/87. L.N. 81/76. L.N. 47/72. L.N. 238/87. General offences. G.N.A. 55/62. G.N.A. 55/62. L.N. 152/74. G.N.A. 55/62. L.N. 152/74. L.N. 47/72. Restriction on trading and begging in precincts of swimming pool. G.N.A. 55/62. Exclusion of adults from children's pools. G.N.A. 55/62. L.N. 152/74. Exclusion of adults from dressing rooms allocated to persons of the other sex. L.N. 152/74. Personal hygiene. L.N. 238/87. Exclusion of persons suffering from certain diseases. L.N. 238/87. Power to exclude or remove certain persons. L.N. 238/87. Opening and closing of swimming pool. G.N.A. 55/62. L.N. 81/76. Fees and charges. L.N. 179/82. L.N. 95/83. L.N. 161/85. L.N. 145/87. L.N. 81/76. G.N.A. 55/62. G.N.A. 55/62. G.N.A. 55/62. L.N. 81/76. Fees for the use of public address system. L.N. 179/82. L.N. 95/83. L.N. 135/84. Fees for use of electronic timing equipment. L.N. 135/84. Fees for use of gymnasium faclities. L.N. 135/84. L.N. 161/85. Power to make subsidiary orders. G.N.A. 55/62. G.N.A. 55/62. Penalty for obstructing attendants or supervisors. L.N. 152/74. L.N. 238/87. General penalties and power to remove offenders from swimming pool. L.N. 81/76. L.N. 238/87. G.N.A. 55/62. L.N. 152/74. Name in which proceedings for offences may be brought. G.N.A. 55/62.

Identifier

https://oelawhk.lib.hku.hk/items/show/2633

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

6
]]>
Tue, 23 Aug 2011 18:09:26 +0800
<![CDATA[PUBLIC SWIMMING POOLS (REGIONAL COUNCIL) BYLAWS]]> https://oelawhk.lib.hku.hk/items/show/2632

Title

PUBLIC SWIMMING POOLS (REGIONAL COUNCIL) BYLAWS

Description






PUBLIC SWIMMING POOLS (REGIONAL COUNCIL) BYLAWS

ARRANGEMENT OF BYLAWS

Bylaw Page
1. Citation .............................W 2
2. Application ..........................BS 2
3. Interpretation ................................................................................................... BS 2
4. General offences ..................... W 2
5. Restriction on trading and begging in precincts of swimming pool BS 3
6. Exclusion of adults from children's pools BS 3
7. Exclusion from dressing rooms allocated to persons of the other sex BS 4
8. Personal hygiene .....................BS 4
8A. Exclusion of persons suffering from certain diseases ......... BS 4
8B. Power to exclude or remove certain persons BS 4
9. Opening and closing of swimming pool . BS 4
10. Fees and charges ............................................ BS 5
11. Fees for the use of public address system BS 5
12. Penalty for obstructing attendants or supervisors BS 6
13. General penalties and power to remove offenders from swimming pool BS 6
14. Name in which proceedings for offences may he brought BS 6
Schedule. Fees ...........................BS 6





PUBLIC SWIMMING POOLS (REGIONAL COUNCIL) BYLAWS

(Cap. 132, section 42)
[21 July 19751L.N. 169 of 1975

L.N. 229 of 1973 - L.N. 86 of 1976, L.N. 137 of 1980, L.N. 2 of 1984, L.N. 67 of 1985, L.N. 72 of
1986, 10 of 1986, L.N. 237 of 1987, R. Ed. 1987, L.N. 58 of 1988, L.N. 108 of 1988, L.N. 65 of
1989, L4j,~q,~o.

1. Citation
These bylaws may be cited as the Public Swimming Pools (Regional
Council) Bylaws.
(10 of 1986 s. 32 (2)

2. Application
These bylaws apply only to public swimming pools in the Regional
Council area.
(10 of 1986 s. 32(2)

3. Interpretation
In these bylaws, unless the context otherwise requires-
,,attendant' means a person employed as an attendant at any swimming pool;
'communicable disease' includes amoebiasis, cerebrospinal meningitis, cholera,
diphtheria, dysentery, enteric fever, gastroenteritis, acute inflammation of
the throat, infectious hepatitis, leprosy, any form of tinea infection,
tuberculosis, poliomyelitis, pediculosis, scabies, scarlet fever, smallpox, any
venereal disease or any generalized skin infection, trachoma and acute
conjunctivitis; (L.N. 237 of 1987)
'Council' means the Regional Council;
'plastic foam' means polystyrene and any other man-made plastic material;
~4supervisor' means a person appointed by the Director of Regional Services to
manage or assist in the management of a swimming pool; (L.N. 237 of
1987)
'swimming pool' includes any children's swimming or paddling pool.
(10 of 1986 s. 32(2)

4. General offences
No person. within a swimming pool or the precincts thereof, shall-
(a)spit, except into a spittoon or other receptable provided by the
Council for that purpose;
(b)conduct himself otherwise than in a quiet, decent and orderly
manner;





(e)do any act which is likely to endanger, obstruct, inconvenience or
annoy any person;
(d)throw or otherwise dispose of any litter, paper or rubbish, except
into bins or containers provided by the Council therefor;
(e)break, deface, foul, soil or otherwise damage any wall, building,
fence, seat, diving board, swing or any other equipment,
apparatus or facility or any place, or foul or pollute any water;
remove or interfere with any life saving apparatus or equipment;
(g)without reasonable cause, utter any cry or make any noise or
disturbance, with the intention of causing alarm or anxiety to
spectators, attendants or bathers;
(h)smoke in the swimming pool or upon any sidewalk immediately
adjacent thereto or upon any diving board or other apparatus or
facility adjoining the swimming pool;
(i)except with the permission of an attendant, enter a swimming
pool or walk or stand upon any sidewalk immediatey adjacent
thereto unless dressed for bathing;
(j)except with the permission of an attendant, introduce into a
swimming pool any soap, towel or clothing, or any ball, model
boat or other toy, or bring into the precincts of a swimming pool
any deck chair, sunshade, umbrella, musical instrument, wireless
set or other like object, or any kind of food or drink, or any
animal, or any glass swimming goggles or any objects made of
plastic foam;
(k)except in any dressing room, appear or go about naked or so
sparsely clad as to offend against public decency.
(10 of 1986 s. 32 (2)

5. Restriction on trading and begging
in precincts of swimming pool

No person within the precincts of a swimming pool, except with the written
permission of the Council, shall sell or let to hire, or offer or expose for sale or
letting to hire, any article or thing or any personal services, or shall beg for alms
or solicit gifts or contributions to charity.
(10 of 1986 s. 32(2)

6. Exclusion of adults from children's pools

Except with the permission of an attendant, no person over the age of 14
years shall enter any part of a swimming pool designed or set apart for children
unless he be in company with and in charge of a child.





7. Exclusion from dressing rooms allocated
to persons of the other sex

No person over the age of 8 years shall enter the dressing room or other
compartment reserved for the opposite sex.

8. Personal hygiene

No person shall enter a swimming pool without first having passed
through a shower bath and foot bath.
(L.N. 237 of 1987)

8A. Exclusion of persons suffering from certain diseases
No person shall enter the precincts of a swimming pool while knowingly
suffering from any communicable disease.
(L.N. 237 of 1987)

8B. Power to excluse or remove certain persons
(1) Any person to whom this bylaw applies may be refused admission to
the precincts of a swimming pool or be ordered by any attendant or supervisor
forthwith to leave those precincts and, in the event of failure to comply with
such order, be removed, if need be, by force.
(2) This bylaw applies to any person who in the opinion of the supervisor
of the swimming pool-
(a) may be suffering from a communicable disease;
(b) is under the influence of drink or drugs;
(c) has an open cut or wound; or
(d)is otherwise in such a physical condition that his presence in the
precincts of the swimming pool would not be in the interests of
other bathers.
(L.N. 23 7of 198 7)

9. Opening and closing of swimming pool
The Council may specify-
(a)the days on which swimming pools may be open or closed to the
public;
(b) the opening and closing times of swimming pools; and
(c) the number of sessions in a day and the duration of each session,
and may direct that any swimming pool or any part thereof be closed to the
public on any occasion for the purpose of carrying out repairs or other works
or for the purpose of organized swimming practices or contests, aquatic sports
or similar entertainments.
(L.N. 86 of 1976; 10 of 1986 s. 32(2)





10. Fees and charges
(1) Subject to this bylaw, a person using a swimming pool shall pay to the
Council a fee in the amount indicated in the Schedule. (L.N. 65 of 1989)
(2) In the case of any organized party of persons sponsored by and under
the care of any organization approved by the Council, the Council may reduce
or waive the fees prescribed in paragraph (1) or may permit such organization
to pay a compounded fee in respect of the use of a swimming pool by such
party, or any number of such parties, over such period of time as may be agreed
between the Council and the organization.
(3) In any case where a swimming pool is closed to the public under
bylaw 9 for the purpose of any organized swimming practice, contest, aquatic
sport or entertainment, the Council may make such charges for the use of a
swimming pool or the entry of spectators thereto as the Council shall consider
reasonable, or, in the case of any other persons organizing the same, may make
such consolidated charge against such persons as shall be agreed between the
Council and such persons, and in addition thereto may prescribe such
limitations or restrictions upon the charges which such persons may recover
from the public in respect of the use of or entry to a swimming pool as the
Council may consider reasonable in the circumstances.
(4) The Council may reduce or waive the fees prescribed in paragraph (1)
and may permit a person to pay a compounded fee for the use of a swimming
pool for such period and in respect of such sessions as the Council may see fit.
(L.N. 108 of 1988)
(5) The Council may waive or reduce the fees prescribed under para-
graph (1) in respect of the use of a children's swimming or paddling pool.
(6) Except with the prior permission of an attendant, no person shall
enter the precincts of a swimming pool-
(a) without first having paid-
(i)the appropriate fee prescribed in paragraph (1) or that fee
reduced by the Council in accordance with this bylaw; or
(ii) where applicable, the appropriate fee or charge payable
under paragraph (3); or
(b) unless the appropriate fee compounded under paragraph (2) or

(4) has been paid. (L.N. 86 of 1976; 10 of 1986 s. 32(2)

11. Fees for the use of public address system
The following fees shall be payable to the Council for the use of the public
address system installed at swimming pools-
For the first hour ........................$100
For each additional hour or part thereof ..$30.
(L.N. 137 of 1980; L.N. 2 of 1984; 72 of 1986; 10 of 1986 s. 32(2);
L.N. 58 of 1988)





12. Penalty for obstructing attendants or supervisors

Any person who obstructs or resists any attendant or supervisor in the
exercise of his duty or who fails to comply with any reasonable direction given
by such attendant or supervisor for the purpose of giving effect to any of the
provisions of these bylaws shall be guilty of an offence and shall be liable on
conviction to a fine of $50.
(10 of 1986 s. 32(2); L.N. 237 of 1987)

13.General penalties and power to remove
offenders from swimming pool

(1) Any person who contravenes any of the provisions of bylaw 4, 5, 6, 7,
8, 8A or 10(6) shall be guilty of an offence and shall be liable on conviction to a
fine of $1,500. (L.N. 86 of 1976)
(2) In addition to any penalty prescribed by this bylaw any person
contravening any of the provisions of the bylaws mentioned in paragraph (1)
may be ordered by any attendant or supervisor of a swimming pool forthwith
to leave the precincts thereof and, in the event of failure to comply with such
direction, he may be removed, if necessary, by force.
(10 of 1986 s. 32(2); L.N. 237 of 1987)

14. Name in which proceedings for
offences may be brought
Without prejudice to the provisions of any other enactment relating to the
prosecution of criminal offences and without prejudice to the powers of the
Attorney General in relation to the prosecution of such offences, prosecutions
for an offence under any of the provisions of these bylaws may be brought in
the name of the Council.
(10 of 1986 s. 32(2)

SCHEDULE[bylaw 10(1)]
FEES
1.Fees payable by persons who are under 14 years old or who are 60 or more years
old-
(a) for a session on a Saturday, Sunday or public holiday $ 5
(b) for a sessjofi on any other day that is-
(i)the first session of the day ........$ 3
(ii)any other session ...................$ 4
2.Fees payable by persons who are 14 or more years old but who are under 60
years old-
(a) for a session on a Saturday, Sunday or public holiday $10
(b) for a sesskon on any other day that is-
(i) the first session of the day .......$ 6
(ii)any other session ....................$ 8
(L.N. 65 of 1989)

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/2632

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

6
]]>
Tue, 23 Aug 2011 18:09:26 +0800
<![CDATA[PUBLIC MARKET (URBAN COUNCIL) BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/2631

Title

PUBLIC MARKET (URBAN COUNCIL) BY-LAWS

Description






PUBLIC MARKET (URBAN COUNCIL) BY-LAWS

ARRANGEMENT OF BY-LAWS

By-law Page
1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... BR 2
2. Application ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... BR 2
3. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... BR 2
4. Hours of opening and closing of markets ... ... ... ... ... ... ... ... ... BR 2
5. Business restricted to stall tenants ... ... ... ... ... ... ... ... ... ... BR 2
6. Letting of market stalls ... ... ... ... ... ...---... ... ... ... ... ... BR 2
7. Electric equipment ... ... ... ... ... ... ... ... ... ... ... ... ... BR 2
8. Prevention of litter ... ... ... ... ... ... ... ... ... ...---... ... BR 3
9. Prevention of obstruction ... ... ... ... ... ... ... ... ... ...---- - BR 3
10. Prevention of nuisances ... ... ... ... ... ... ... ... ... ... ... ... BR 3
11. Prevention of spitting ... ... ... ... ... ... ... ... ... ... ... ... ... BR 3

12. Dressing of poultry and game ... ... ... ... ... ... .. ... ... ... ... BR 3
13. Prevention of certain persons carrying on business, etc. in markets ... .. 1 ... BR 3

14. Offences and penalties ... ... ... ... ... ... ... ... ... ... ... ... ... BR4
15. Name in which proceedings for offences may be brought ... ... ... BR 4





PUBLIC MARKET (URBAN COUNCIL) BY-LAWS

(Cap. 132, section 80)

[11 November 1960.1

1. These by-laws may be cited as the Public Market (Urban
Council) By-laws.

2. These by-laws apply to the Urban Council area only.

3. In these by-laws, unless the context other,.Jse requires-

'Council' means the Urban Council;

'market' means a public market;

',stall' means a stall in a market.

4. (1) The Council may, from time to time, prescribe by
notice conspicuously posted in any market the hours during which
such market shall be open or closed to the public.

(2) No person shall, except. with lawful authority or excuse,
enter or be in any market at any time when such market is closed
to the public.

5. (1) No person shall carry on any business in a market
unless he-

(a)is the tenant of a stall or the authorized servant or agent of
such a tenant;

(b)is the legal personal representative of such a tenant or the
authorized servant or agent of such legal personal represen-
tative; or

(e) has the permission in writing of the Council.

(2) No person shall occupy any stall unless he is the tenant of
that stall.

6. The Council may let any stall, without fine or forfeiture, to
any person, or jointly to any number of persons not exceeding 4, at
such rent and subject to such terms and conditions as the Council
may determine.

7. (1) Save with the permission in writing of the Council, no
person shall, in any market, install, add to, alter or remove any
electrical fitting or appliance, whether belonging to the Government
or to any other person.





(2) Where, under the provisions of paragraph (1), the Council
has permitted the installation, alteration or removal of any electrical
fitting or appliance or has permitted the making of any addition to
any such fitting or appliance-

(a)the installation of any main electric cable which may be
necessary shall be carried out only by the Director of
Buildings and Lands or, under the direction of the Director
of Buildings and Lands, by an electrical contractor approved
by the Director of Buildings and Lands; and

(b)all other works for and in connexion with such installation,
alteration, removal or addition shall be carried out only
by an electrical contractor approved by the Director of
Buildings and Lands.

(3) Where, in any market, any electrical fitting or appliance
has been installed, altered., or removed, or any addition has been
made to any such fitting or appliance, without the permission in
writing of the Council, the Director of Buildings and Lands may
carry out or cause to be carried out such work as may be necessary to
remove such fitting or appliance or to restore it to the condition in
which it was prior to such alteration, removal or addition, as the
case may be, and may recover the cost of such work from the tenant
of the stall for which such fitting or appliance is or was provided.

8. (1) No person shall create any litter, whether offensive or
otherwise, in any part of any market.

(2) No person shall, in any market, dispose of any refuse except
into a refuse bin provided for the purpose.

9. Except with lawful authority or excuse, no person shall, in
any market, so erect any structure, or so place any article or vehicle,
as to cause obstruction therein.

10. No person shall obey the call of nature in any market,
except in a public latrine.

11. No person shall spit in any market.

12. No person shall, in any market, pluck, scald or dress any
poultry or game, except in a place set aside by the Council for such
purpose.

13. Where any person has been convicted of disorderly con-
duct, intimidation, extortion, or of any offence against any of the
provisions of section 13 of the Gambling Ordinance or any of the
provisions of the Dangerous Drugs Ordinance, the Council may, by
notice served upon such person within 90 days after the date upon
which such person was convicted or, if sentenced to imprisonment
upon such conviction, after the date of his release therefrom,





prohibit such person for such period, not exceeding 2 years from the
date of the service of such notice, as shall be specified therein, from
carrying on any business, or being employed in or taking part in any
business, in any market.

14. (1) Any person who contravenes any of the provisions of
by-law 4(2), 5, 7, 8, 9, 10, 11 or 12 shall be guilty of an offence and
shall be liable on summary conviction to a fine of $500.

(2) Any person who fails to comply with a notice served upon
him under the provisions of by-law 13 shall be guilty of an offence
and shall be liable on summary conviction to a fine of $500 and to
imprisonment for 1 month.

(3) When any work for or in connexion with the installation,
alteration or removal of any electrical fitting or appliance in any stall
is carried out otherwise than in accordance with the provision of
by-law 7(2), the tenant of the stall shall be guilty of an offence and
shall be liable on summary conviction to a fine of $500.

15. Without prejudice to the provisions of any other enact-
ment relating to the prosecution of criminal offences and without
prejudice to the powers of the Attorney General in relation to the
prosecution of such offences, prosecutions for an offence under any
of the provisions of these by-laws may be brought in the name of the
Council.
G.N.A. 107/60. G.N.A. 7/61. L.N. 165/63. 21 of 1973. L.N. 318/77. L.N. 76/82. L.N. 94/86. 10 of 1986. G.N.A. 132/60. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. Hours of opening and closing of markets. Business restricted to stall tenants. Letting of market stalls. 21 of 1973, s. 20. Electric equipment. G.N.A. 7/61. L.N. 76/82. L.N. 94/86. Prevention of litter. Prevention of obstruction. Prevention of nuisances. Prevention of spitting. Dressing of poultry and game. Prevention of certain persons carrying on business, etc. in markets. L.N. 4/63. L.N. 165/63. L.N. 318/77. (Cap. 148.) (Cap. 134.) Offences and penalties. G.N.A.7/61. Name in which proceedings for offences may be brought.

Abstract

G.N.A. 107/60. G.N.A. 7/61. L.N. 165/63. 21 of 1973. L.N. 318/77. L.N. 76/82. L.N. 94/86. 10 of 1986. G.N.A. 132/60. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. Hours of opening and closing of markets. Business restricted to stall tenants. Letting of market stalls. 21 of 1973, s. 20. Electric equipment. G.N.A. 7/61. L.N. 76/82. L.N. 94/86. Prevention of litter. Prevention of obstruction. Prevention of nuisances. Prevention of spitting. Dressing of poultry and game. Prevention of certain persons carrying on business, etc. in markets. L.N. 4/63. L.N. 165/63. L.N. 318/77. (Cap. 148.) (Cap. 134.) Offences and penalties. G.N.A.7/61. Name in which proceedings for offences may be brought.

Identifier

https://oelawhk.lib.hku.hk/items/show/2631

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

4
]]>
Tue, 23 Aug 2011 18:09:25 +0800
<![CDATA[PUBLIC MARKET (REGIONAL COUNCIL) BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/2630

Title

PUBLIC MARKET (REGIONAL COUNCIL) BY-LAWS

Description






PUBLIC MARKET (REGIONAL COUNCIL) BY-LAWS

ARRANGEMENT OF BY-LAWS

By-law Page

1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... BQ 2
2. Application ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... BQ 2
3. Interpretation... ... ... ... ... ... ... ... ... ... ... ... ... ... BQ 2
4. Hours of opening and closing of markets ... ... ... ... ... ... ... ... ... BQ 2
5. Business restricted to stall tenants... ... ... ... ... ... ... ... ... ... BQ 2
6. Letting of market stalls... ... ... ... ... ... ... ... ... ... ... ... BQ 2
7. Alterations to stall or its fixtures... ... ... ... ... ... ... ... ... ... BQ 2
7A. Tenant to provide refuse bins ... ... ... ... ... ... ... ... ... ... ... BQ 3
8. Prevention of litter... ... ... ... ... ... ... ... ... ... ... ... ... BQ 3
9. Prevention of obstruction ... ... ... ... ... ... ... ... ... ... ... ... BQ 4
10. Prevention of nuisances... ... ... ... ... ... ... ... ... ... ... ... BQ 4
11. Prevention of spitting ... ... ... ... ... ... ... ... ... ... ... ... ... BQ 4
12. Dressing of poultry and game ... ... ... ... ... ... ... ... ... ... ... BQ 4
13. Power to prohibit persons carrying on business in public markets in certain
cases ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... BQ 4
14. Offences and penalties ... ... ... ... ... ... ... ... ... ... ... ... ... BQ 4
15. Name in which proceedings for offences may be brought ... ... ... ... ... BQ 4





PUBLIC MARKET (REGIONAL COUNCIL) BY-LAWS

(Cap. 132, section 80)

[1 July 1963.1

1. These by-laws may be cited as the Public Market (Regional
Council) By-laws.

2. These by-laws apply to the Regional Council area only.

3. In these by-laws, unless the context otherwise requires-

'Council' means the Regional Council;

'inside service' has the same meaning assigned to it by the Water-
works Ordinance;

',stall' means a stall in a public market.

4. (1) The Council may, from time to time, prescribe by
notice conspicuously posted in any public market the hours during
which the market shall be open or closed to the public.

(2) No person shall, except with lawful authority or excuse,
enter or be in a public market at any time when the market is closed
to the public.

5. (1) No person shall carry on any business in a public
market unless he-

(a)is the tenant of a stall or the authorized servant or agent of
such a tenant;

(b)is the legal personal representative of such a tenant or
the authorized servant or agent of such legal personal
representative; or

(e) has the permission in writing of the Council.

(2) No person shall occupy any stall unless he is the tenant of
that stall.

6. The Council may let any stall to any one person at such
rent and subject to such terms and conditions as it may determine.

7. (1) Subject to paragraph (2), save with the permission in
writing of the Council, no person shall add to or alter any stall or
install, add to, alter or remove any fixture or fitting of the stall
whether belonging to the Government or otherwise.
(2) Where any work that is, or is proposed to be, carried out in
a stall affects an inside service of the stall, the provisions of the
Waterworks Ordinance relating to construction, installation, altera-
tion or removal, as the case may be, of an inside service shall apply.





(3) Where under paragraph (1), the Council has permitted any
addition or alteration to the stall, or any installation of, addition to,
or alteration or removal of, any fixture or fitting-

(a)any electrical, building or gas work that may be necessary
for and in connection therewith shall be carried out by the
Director of Architectural Services, or under his direction
by a contractor approved by him;

(b)any other work that may be necessary for and in connection
therewith, except work referred to in paragraph (2), shall
be carried out under the direction of the Director of
Architectural Services, and completion of work shall be
reported to him for the purpose of inspection.

(4) Where any stall has been altered or added to, or any fixture
or fitting of the stall has been installed, added to, altered or removed,
without the permission of the Council where such permission is
required, the Director of Architectural Services may carry out or
cause to be carried out such work as may be necessary to restore the
stall to the condition in which it was before the addition or alteration
was done, or to restore the fixture or fitting to the condition in which
it was before the installation, addition, alteration or removal was
carried out, or to remove the fixture or fitting, as the case may be,
and may recover the cost of such work from the tenant of that stall.

7A. (1) Every tenant of a stall shall provide at the stall a refuse
bin or receptacle that is adequate to hold the refuse resulting from
the conduct of his business and which-

(a)conforms with such requirements and specifications as the
Council may from time to time specify; and

(b)is at all times maintained in a good state of repair by the
tenant.

(2) Every tenant of a stall shall-

(a)deposit any refuse or waste material emanating from his
business in the refuse bin or receptacle required to be
provided under paragraph (1); and

(b)ensure that all refuse which is accumulated in refuse bins or
receptacles provided under paragraph (1) is deposited in a
public refuse bin or in a refuse disposal vehicle operated by
the Council.

(3) For the purposes of this by-law tenant includes any other
person carrying on business in a stall by virtue of by-law 5(1).

8. (1) No person shall create any litter, whether offensive or
otherwise, in any part of a public market.

(2) Without prejudice to by-law 7A, no person shall, in a
public market, dispose of any refuse except into a refuse bin
provided for the purpose.





9. Except with lawful authority or excuse, no person shall, in
a public market, so erect any structure, or so place any article or
vehicle, as to cause obstruction therein.

10. No person shall obey the call of nature in a public market,
except in a public latrine.

11. No person shall spit in a public market.

12. No person shall, in a public market, pluck, scald or dress
any poultry or game, except in a place approved for the purpose by
the Council.

13. Where any person has been convicted of disorderly con-
duct, intimidation, extortion, or of any offence under section 13 of
the Gambling Ordinance, or of any offence under the provisions of
the Dangerous Drugs Ordinance, the Council may, by notice served
upon such person within 90 days after the date upon which such
person was convicted, or, if sentenced to imprisonment upon such
conviction, after the date of his release therefrom, prohibit such
person, for such period, not exceeding 2 years from the date of the
service of such notice, as shall be specified therein, from carrying on
any business, or being employed in or taking part in any business, in
any public market.

14. (1) Any person who contravenes by-law 4(2), 5, 7(1), 7A,
8, 9, 10, 11 or 12 shall be guilty of an offence and shall be liable on
summary conviction to a fine of $1,500.

(2) Any person who fails to comply with a notice served upon
him under by-law 13 shall be guilty of an offence and shall be liable
on summary conviction to a fine of $1,500 and to imprisonment for
1 month.

(3) Where any work for or in connection with an addition
or alteration to a stall, or installation, addition to, alteration or
removal of any fixture or fitting of the stall, is carried out otherwise
than in accordance with paragraphs (1) and (3) of by-law 7, the
tenant of such stall shall be guilty of an offence and shall be liable on
summary conviction to a fine of $1,500.

15. Without prejudice to the provisions of any other enactment
relating to the prosecution of criminal offences and without prejudice
to the powers of the Attorney General in relation to the prosecution
of such offences, prosecutions for an offence under these by-laws
may be brought in the name of the Council.
L.N. 69/63. L.N. 76/82. L.N. 67/85. 10 of 1986. L.N. 94/86. L.N. 27/87. L.N. 315/87. L.N. 79/63. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. 10 of 1986, s. 32(2). L.N. 27/87. (Cap. 102.) Hours of opening and closing of markets. 10 of 1986, s. 32(2). Business restricted to stall tenants. 10 of 1986, s. 32(2). Letting of market stalls. 10 of 1996, s. 32(2). L.N. 27/87. alterations to stall or its fixtures. L.N. 27/87. L.N. 315/87. (Cap. 102.) Tenant to provide refuse bins. L.N. 27/87. Prevention of litter. L.N. 27/87. Prevention of obstruction. Prevention of nuisances. Prevention of spitting. Dressing of poultry and game. 10 of 1986, s. 32(2). Power to prohibit persons carrying on business in public markets in certain cases. 10 of 1986, s. 32(2). (Cap. 148.) (Cap. 134.) Offences and penalties 10 of 1986, s. 32(2). L.N. 315/87. L.N. 315/87. Name in which proceedings for offences may be brought. 10 of 1986, s. 32(2).

Abstract

L.N. 69/63. L.N. 76/82. L.N. 67/85. 10 of 1986. L.N. 94/86. L.N. 27/87. L.N. 315/87. L.N. 79/63. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. 10 of 1986, s. 32(2). L.N. 27/87. (Cap. 102.) Hours of opening and closing of markets. 10 of 1986, s. 32(2). Business restricted to stall tenants. 10 of 1986, s. 32(2). Letting of market stalls. 10 of 1996, s. 32(2). L.N. 27/87. alterations to stall or its fixtures. L.N. 27/87. L.N. 315/87. (Cap. 102.) Tenant to provide refuse bins. L.N. 27/87. Prevention of litter. L.N. 27/87. Prevention of obstruction. Prevention of nuisances. Prevention of spitting. Dressing of poultry and game. 10 of 1986, s. 32(2). Power to prohibit persons carrying on business in public markets in certain cases. 10 of 1986, s. 32(2). (Cap. 148.) (Cap. 134.) Offences and penalties 10 of 1986, s. 32(2). L.N. 315/87. L.N. 315/87. Name in which proceedings for offences may be brought. 10 of 1986, s. 32(2).

Identifier

https://oelawhk.lib.hku.hk/items/show/2630

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

4
]]>
Tue, 23 Aug 2011 18:09:24 +0800
<![CDATA[PUBLIC FUNERAL HALL (URBAN COUNCIL) BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/2629

Title

PUBLIC FUNERAL HALL (URBAN COUNCIL) BY-LAWS

Description






PUBLIC FUNERAL HALL (URBAN COUNCIL) BY-LAWS

ARRANGEMENT OF BY-LAWS

By-law Page

1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... BP2
2. Application ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... BP2
3. Interpretation ... ... ... ... ... ... ... ... ... ... ... ...---... BP2
4. Hours of opening ... ... ... ... ... ... ... ... ... ... ... ... ... ... BP 2
5. Application to use public funeral hall ... ... ... ... ... ... ... ... ... BP2
6. Reception and retention of human remains ... ... ... ... ... ... ... ... BP 3
7. Production of documents for reception of human remains ... ... ... ... ... BP 3
8. Embalming or preparation of human remains ... ... ... ... ... ... ... ... BP 3
9. Use of protective clothing ... ... ... ... ... ... ... ... ... ... ... ... BP 4
10. Registers and obligation to provide information ... ... ... ... ... ... ... BP 4
11. Power to reject persons ... ... ... ... ... ... ... ... ... ... ... ... ... BP 5
12. Offences and penalties ... ... ... ... ... ... ... ... ... ... ... ... ... BP 5
13. Name in which proceedings.for offences may be brought ... ... ... ... ... BP 5
14. Fees ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... BP 5

Schedule ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... BP 6





PUBLIC FUNERAL HALL (URBAN COUNCIL) BY-LAWS

(Cap. 132, sections 123 and 123C)

[31 March 1978.]

1. These by-laws may be cited as the Public Funeral Hall
(Urban Council) By-laws.

2. These by-laws apply to the Urban Council area only.

3. In these by-laws, unless the context otherwise requires-

'burial' includes cremation;

'Council' means the Urban Council;

'human remains' means the dead body or part thereof of any human
being or any still-born child, but does not include ashes resulting
from the cremation thereof.

'officer in charge' means a person appointed by the Director of
Urban Services to manage or assist in the management of a
public funeral hall;

'public funeral hall' means a mortuary designated under sec-
tion 123A;

11quarantinable disease' has the meaning assigned to it by section 2
of the Quarantine and Prevention of Disease Ordinance.

4. The officer in charge of a public funeral hall may fix the
hours during which, and the days on which, it shall be available
for use by the public.

5. (1) Any person wishing to reserve the use of any of the
facilities of a public funeral hall to conduct a funeral or to conduct
a religious or commemorative meeting relating to the death of any
person shall-

(a)make prior application in writing, on an appropriate form
to be provided by the Council, to the officer in charge of
such public funeral hall specifying the purpose for which it
is required; and

(b)pay to the Council the appropriate fee prescribed in the
Schedule.

(2) Applications under paragraph (1)(a) shall be received at a
public funeral hall between such times as the officer in charge may
from time to time direct by notice posted in such public funeral hall.

(3) Upon receipt of an application under paragraph (1)(a) the
officer in charge may in his discretion reserve to the applicant the use
applied for subject to such conditions as he may think fit.





(4) The exercise of any discretion by the officer in charge
pursuant to paragraph (3) shall be subject to such directions, if any,
either general or in any particular case, as the Council may think fit
to issue.

6. (1) No person shall bring into any public funeral hall any
human remains in an advanced state of decomposition unless
encoffined in a hermetically sealed coffin.

(2) No person shall leave in any public funeral hall any human
remains for a longer period than 48 hours unless the same are
encoffined in a hermetically sealed coffin or are embalmed.

(3) Save with the permission in writing of the Director, no
person shall leave in any public funeral hall any human remains
whatsoever for longer than 7 days.

7. (1) An applicant under by-law 5(1) shall produce to the
officer in charge when any human remains are received into a public
funeral hall-

(a)in the case of interment of any human remains of a person
who has died in Hong Kong, a death certificate or a permit
of a police officer issued under the proviso to section 16(1)
of the Births and Deaths Registration Ordinance; or

(b)in the case of cremation of any human remains of a person
who has died in Hong Kong, a permit granted by the
Director of Medical an Health Servicer. under by-law
5(1) of the Cremation and Gardens of Remembrance
(Urban Council) By-laws and a death certificate; or

(c)in any other case, such documents as the Council may
require.

(2) The documents specified in paragraph (1) shall be retained
by the officer in charge until the human remains are removed from
the public funeral hall for burial or other authorized disposal when
they shall be returned to the person producing them.

(3) For the purposes of paragraph (1) 'death certificate'
means a certificate of registration of death or a coroner's order
issued under section 17(1) of the Births and Deaths Registration
Ordinance or a certificate, declaration or coroner's order issued or
made under section 18 of the Births and Deaths Registration
Ordinance.

8. (1) No human remains shall be embalmed or prepared for
burial or encoffining in any public funeral hall otherwise than in a
room set aside exclusively for such purpose.

(2) At all times during which any human remains are retained
in any such room, the windows thereof shall be kept fully opened or,
if the room is ventilated wholly or partly by mechanical means, the
ventilating system shall be kept in operation.





9. (1) No person shall, in any public funeral hall, handle, or
carry out any process of embalming, preparing or treating, the
human remains of any person who, to the knowledge or belief of
such person or of the officer in charge, died while suffering from a
quarantinable disease, unless he is wearing a rubber apron, or other
protective clothing of a type approved by the Council, and rubber
gloves.

(2) Any such rubber apron, protective clothing and rubber
gloves and any part of a public funeral hall where those remains
were kept, embalmed, prepared or treated shall be disinfected
immediately after use.

10. (1) The officer in charge of a public funeral hall shall keep
a register in English or Chinese in which there shall be recorded the
particulars listed in paragraph (2) together with-

(a)the date on, and the time at, which any human remains
were received into the public funeral hall; and

(b)the date on, and the time at, which any human remains
were removed from the public funeral hall.

(2) An applicant under by-law 5 shall furnish to the officer in
charge of a public funeral hall the following particulars-

(a) the name and address of the applicant;
(b) the name and address of the deceased;
(c) the age or approximate age of the deceased;
(d) the sex of the deceased;

(e) the date, place and cause of death of the deceased;

the date and number of the death certificate and of any
permit for the burial, cremation, import to or removal
from Hong Kong, as the case may be, of the remains of the
deceased;

(g)the name and address of the medical practitioner (if any)
who certified as to the death of the deceased, and of the
person signing any permit for burial, cremation, import to
or removal from Hong Kong, as the case may be, of the
remains of the deceased;

(h) the method by which, and, as appropriate-
(i) the cemetery and space plot or grave number; or
(ii) the crematorium,

where, the remains of the deceased will be finally disposed
of after removal from the public funeral hall; and

i)if the deceased died while suffering from a quarantinable
disease, whether or not those parts of the public funeral
hall in which the remains of the deceased were kept were
disinfected after such remains were removed therefrom.





11. (1) The officer incharge, or any person authorized by him
in that behalf, may direct any person forthwith to leave a public
funeral hall or any part thereof---

(a)whom he has reason to believe has committed or is about
to commit an offence punishable under these by-laws; or
(b)who refuses to obey any reasonable order given by him
in furtherance of the proper management of the public
funeral hall.

(2) Any person who fails to leave a public funeral hall when so
directed by the officer in charge pursuant to paragraph (1) commits
an offence and may, in addition to any penalty to which he may
become liable, forthwith be removed from the public funeral hall
or any part thereof at the discretion of the officer in charge.

12. (1) Any person who, in any public funeral hall-

(a)sells or lets for hire, or offers or exposes for sale or letting
for hire, any article or thing without the written consent of
the Council;

(b)posts, affixes or distributes any handbill, card, circular or
advertisement of any kind whatsoever;

(c)holds, promotes or takes part in any public meeting, other
than a meeting of a religious or commemorative nature in
respect of the dead;

(d)wilfully disturbs or interferes with any funeral service or
any religious or commemorative meeting;

(e)spits, except into a receptacle provided for such purpose or
toilet, or into a channel or drain provided for the carriage
of sewage, waste water or excretal matter; or

(f)behaves in a noisy or unseemly manner or is improperly or
inadequately clad,

commits an offlence and is liable on summary conviction to a fine of
$500.

(2) Any person who contravenes by-law 6(1), 6(2), 6(3), 7(1),
8(1), 8(2), 9(1), 9(2) or 10(2) commits an offence and is liable on
summary conviction to a fine of $500.

13. Without prejudice to any other enactment relating to the
prosecution of criminal offences and without prejudice to the powers
of the Attorney General in relation to the prosecution of such
offences, prosecutions for an offence under any of these by-laws may
be brought in the name of the Council.

14. (1) Subject to paragraph (2), the fees listed in the seocnd
column of the Schedule shall be payable to the Council for the
appropriate services listed in the first column of the Schedule.





(2) The Council may, if it thinks fit, waive payment of the fees
listed in the second column of the Schedule or may reduce such fees
to such amount as it considers reasonable in the circumstances.

SCHEDULE [by-law 14.1

Use of one body dressing room S150 for each human remains.
Use of one reposing room $200 for each 24 hours or part
thereof.
Use of one large service hall, as shown green on a $300 for the first hour, and for
plan signed by the Secretary of the Urban each hour or part of an hour
Council and deposited in the office of the officer thereafter.
in charge where the remains of the deceased are
intended for burial
Use of one large service hall, as shown green on a $150 for the first hour, and for
plan signed by the Secretary of the Urban each hour or part of an hour
Council and deposited in the office of the officer thereafter.
in charge where the remains of the deceased are
intended for cremation
Use of one small service hall, as shown brown $200 for the first hour, and for
on a map signed by the Secretary of the Urban each hour or part of an hour
Council and deposited in the office of the officer thereafter.
in charge where the remains of the deceased are
intended for burial
Use of one small service hall, as shown brown on $100 for the first hour, and for
a map signed by the Secretary of the Urban each hour or part of an hour
Council and deposited in the office of the officer thereafter.
in charge where the remains of the deceased are
intended for cremation
L.N. 74/78. L.N. 41/80. 10 of 1986. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. (Cap. 141.) Hours of opening. Application to use public funeral hall. Schedule. Reception and retention of human remains. Production of documents for reception of human remains. (Cap. 174.) 10 of 1986, s. 32(2). (Cap. 132, sub. leg.) (Cap. 174.) Embalming or preparation of human remains. Use of protective clothing. Registers and obligation to provide information. Power to reject persons. Offences and penalties. Name in which proceedings for offences may be brought. Fees. Schedule. L.N. 41/80.

Abstract

L.N. 74/78. L.N. 41/80. 10 of 1986. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. (Cap. 141.) Hours of opening. Application to use public funeral hall. Schedule. Reception and retention of human remains. Production of documents for reception of human remains. (Cap. 174.) 10 of 1986, s. 32(2). (Cap. 132, sub. leg.) (Cap. 174.) Embalming or preparation of human remains. Use of protective clothing. Registers and obligation to provide information. Power to reject persons. Offences and penalties. Name in which proceedings for offences may be brought. Fees. Schedule. L.N. 41/80.

Identifier

https://oelawhk.lib.hku.hk/items/show/2629

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

6
]]>
Tue, 23 Aug 2011 18:09:24 +0800
<![CDATA[PUBLIC CONVENIENCES (REGIONAL COUNCIL) BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/2628

Title

PUBLIC CONVENIENCES (REGIONAL COUNCIL) BY-LAWS

Description






PUBLIC CONVENIENCES (REGIONAL COUNCIL) BY-LAWS

ARRANGEMENT OF BY-LAWS

By-law Page

1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... BO 2
2. Application ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... BO 2
3. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... BO 2
4. Council may declare disease to be communicable ... ... ... ... ... ... ... BO 2
5. Fees for use of public latrines ... ... ... ... ... ... ... ... ... ... ... BO 2
6. Conduct in public conveniences ... ... ... ... ... ... ... ... ... ... ... BO 2
7. Use and protection of water systems ... ... ... ... ... ... ... ... ... ... BO 3
8. Removal of contents ... ... ... ... ... ... ... ... ... ... ... ... ... BO 3
9. Segregation of the sexes ... ... ... ... ... ... ... ... ... ... ... ... BO 3
10. Persons suffering from communicable diseases not to enter bathhouses or
washhouses ... ... ... ... ... ... ... ... ... ... ... ... ... ... BO 4
11. Offences and penalty ... ... ... ... ... ... ... ... ... ... ... ... ... BO 4
12. Name in which proceedings for offences may be brought ... ... ... ... ... BO 4
13. Saying ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... BO 4





PUBLIC CONVENIENCES (REGIONAL COUNCIL)
BY-LAWS

(Cap. 132, section 35)

[19 March 1971.1

1. These by-laws may be cited as the Public Conveniences
(Regional Council) By-laws.

2. These by-laws apply only to the Regional Council area.

3. In these by-laws, unless the context otherwise requires-

'communicable disease' means any form of tinea infection,
pediculosis, scabies, smallpox, venereal disease, generalized
skin infection or trachoma, or any other disease which the
Council has declared under by-law 4 to be a communicable
disease for the purposes of these by-laws;

'CounciV means the Regional Council;

'latrine' includes a water closet, urinal and dry latrine and all other
sanitary equipment or installations designed, intended or used
for the reception of excretal matter;

'public convenience' means any latrine, bathhouse or washhouse
which is provided by the Council for the use of the public;

Ilwashhouse' includes open drying grounds.

4. The Council may, by order published in the Gazette,
declare any disease to be a communicable disease for the purposes
of these by-laws.

5. (1) The Council may, by order published in the Gazette,
declare that paragraph (2) shall apply to such latrines provided by
the Council for the use of the public as the Council specifies in the
order.

(2) A fee of ten cents shall be payable for the use by any
person of any compartment in a latrine to which the Council has,
under paragraph (1), declared that this paragraph applies.

(3) No person shall use any compartment in a latrine in
respect of which a fee is payable under paragraph (2) unless he
first pays the fee.

6. No person shall-

(a)by forcible or improper means or for any improper purpose
enter any water closet, bathroom or compartment which is
occupied by any other person in a public convenience;





(b)wilfully intrude upon the privacy of any other person using
any water closet, bathroom or compartment in a public
convenience;

(c)wilfully and improperly soil any staircase, floor, passage-
way, wall, door, bath, seat or other fitting in a public
convenience;

(d)loiter in or obstruct any entrance or exist to or to any part
of a public convenience, or any staircase or passageway in
a public convenience;

(e)spit in any public convenience, except into a receptacle
provided for that purpose or into a latrine, channel or
drain provided for the carriage of sewage, sullage, waste
water or excretal matter;

leave any litter in or on any compartment, passageway or
staircase in a public convenience;

(g) [Deleted, 48 of 1972, s. 4]

(h)except with the permission of the Council, affix any
bill, placard or advertisement to any part of a public
convenience; or

(i)fight, quarrel or engage in any noisy or disorderly be-
haviour in a public convenience.

7. No person shall-

(a)use, otherwise than for flushing purposes, or take away for
use elsewhere, any water contained in or supplied to a
flushing system in a public convenience;

(b)use, otherwise than for personal cleansing or the washing
of clothes, or take away for use elsewhere, any water
contained in or supplied to a shower-bath, wash-hand
basin or stand-pipe in a public convenience; or

(c)interfere in any way with a water supply system in a public
convenience.

8. No person shall, without the permission in writing of the
Council, remove any contents from a septic tank or cesspool in a
public convenience.

9. (1) No male person, other than a child under the age of
5 years who is accompanied by a female relative or nurse, shall enter
or remain in any part of a public convenience which is allocated for
the use of female persons.

(2) No female person, other than a child under the age of
5 years who is accompanied by a male relative or nurse, shall enter
or remain in any part of a public convenience which is allocated
for the use of male persons.





10. No person who knows that he is suffering from any
communicable disease shall enter or remain in any bathhouse or a
washhouse.

11. Any person who contravenes by-law 5(3), 6, 7, 8, 9 or 10
shall be guilty of an offence and shall be liable on conviction to a
fine of $250.
12. Without prejudice to-

(a)any other enactment relating to the prosecution of criminal
offences;

(b)the powers of the Attorney General in relation to the
prosecution of criminal offences,

a prosecution for an offence against any of these by-laws may be
brought in the name of the Council.

13. These by-laws shall not apply to any act done by an
attendant at a public convenience, if the act is necessary for or
incidental to the proper execution of his duties in or about the
convenience.
L.N. 25/71. 48 of 1972. L.N. 303/76. L.N. 67/85. 10 of 1986. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. 10 of 1986, s. 32(2). Council may declare disease to be communicable. 10 of 1986, s. 32(2). Fees for use of public latrines. 10 of 1986, s. 32(2). Conduct in public conveniences. L.N. 67/85. 10 of 1986, s.32(2). Use and protection of water systems. L.N. 303/76. Removal of contents. L.N. 67/85. 10 of 1986, s. 32(2). Segregation of the sexes. Persons suffering from communicable not to enter bathhouses or washhouses. Offences and penalty. 10 of 1986, s. 32(2). Name in which proceedings for offences may be brought. 10 of 198, s. 32(2). L.N. 67/85. Saving. 10 of 1986, s. 32(2).

Abstract

L.N. 25/71. 48 of 1972. L.N. 303/76. L.N. 67/85. 10 of 1986. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. 10 of 1986, s. 32(2). Council may declare disease to be communicable. 10 of 1986, s. 32(2). Fees for use of public latrines. 10 of 1986, s. 32(2). Conduct in public conveniences. L.N. 67/85. 10 of 1986, s.32(2). Use and protection of water systems. L.N. 303/76. Removal of contents. L.N. 67/85. 10 of 1986, s. 32(2). Segregation of the sexes. Persons suffering from communicable not to enter bathhouses or washhouses. Offences and penalty. 10 of 1986, s. 32(2). Name in which proceedings for offences may be brought. 10 of 198, s. 32(2). L.N. 67/85. Saving. 10 of 1986, s. 32(2).

Identifier

https://oelawhk.lib.hku.hk/items/show/2628

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

4
]]>
Tue, 23 Aug 2011 18:09:23 +0800
<![CDATA[PUBLIC CONVENIENCES (CONDUCT AND BEHAVIOUR) (URBAN COUNCIL) BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/2627

Title

PUBLIC CONVENIENCES (CONDUCT AND BEHAVIOUR) (URBAN COUNCIL) BY-LAWS

Description






PUBLIC CONVENIENCES (CONDUCT AND BEHAVIOUR)
(URBAN COUNCIL) BY-LAWS

ARRANGEMENT OF BY-LAWS

By-law Page

1. Citation. . ... ... ... ... ... ... ... ... ... ... ... ... ... BN 2
2. Application ... ... ... ... ... ... ... ... ... ... ... ... ... ... BN 2
3. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... BN 2
4. Fees for use of compartments in certain public latrines ... ... ... ... ... ... BN 2
5. Conduct in public conveniences ... ... ... ... ... ...---... ... ... ... BN 2
6. Use and protection of water systems ... ... ... ... ... ... ... ... ... ... BN 3
7. Segregation ofthe sexes ... ... ... ... ., . ... ... ... ... ... ... ... BN 3
8. Communicable diseases ... ... ... ... ... ... ... ... ... ... ... ... BN 3
9. Power to direct persons to leave public conveniences ... ... ... ... ... ... BN 3
10.Offences and penalties ... ... ... ... ... ... ... ... ... ... ... ... ... BN 4
11.Name in which proceedings for offences may be brought ... ... ... ... ... BN 4
12.Saving ... ... ... ... ...---... ... ... ... ... ... ... ... ... ... BN 4





PUBLIC CONVENIENCES (CONDUCT AND
BEHAVIOUR) (URBAN COUNCIL) BY-LAWS

(Cap. 132, section 35)

[3 March 1961.1

1. These by-laws may be cited as the Public Conveniences
(Conduct and Behaviour) (Urban Council) By-laws.

2. These by-laws apply to the Urban Council area only.

3. (1) In these by-laws, unless the context otherwise re-
quires-

'communicable disease' means any form of tinea infection,
pediculosis, scabies, smallpox, any venereal disease or any
generalized skin infection, trachoma and any other disease
which the Council may. from time to time, declare to be a
communicable disease for the purposes of these by-laws;

'Council' means the Urban Council;

'latrine' includes a watercloset, urinal, dry latrine and any other
sanitary equipment or installation for the reception of human
excretal matter;

'public convenience' means any latrine, bathhouse or wash house
which is provided for the use of the public and managed by the
Council.

(2) Whenever the Council declares any disease to be a corn-
municable disease for the purposes of these by-laws, a notification of
such declaration shall be published in the Gazette.

4. Any person who uses a coin-operated compartment in a
latrine which-

(a) is provided for the use of the public; and

(b) is managed by the Council,

shall pay a fee of 10 cents in respect of such use.

5. No person entering or using any public convenience shall-

(a)by forcible or improper means, or for any improper pur-
pose, enter any watercloset, bathroom or compartment
therein which is occupied by any other person, or otherwise
knowingly intrude upon the privacy of any other person
using any such watercloset, bathroom or compartment;

Note:These By-laws are deemed to have been made pursuant to section 35 of
the Ordinance as amended by the Public Health and Urban Services
(Amendment) Ordinance 1969-see Ordinance 48 of 1969. s. 15.





(b)wilfully and improperly soil or damage any staircase, floor,
passage, wall, door, bath, seat or any other fitting therein;

(c)wilfully mark or deface any part of the structure or fittings
thereof, or, save with the permission in writing of the
Council, affix any bill, placard or advertisement thereon;

(d)loiter in, or use for any purpose other than the purpose for
which it is intended, any watercloset, bathroom or other
compartment therein, or loiter in or obstruct any entrance,
exit, staircase or passageway therein;

(e)engage in any quarrel, fight or other noisy or disorderly
behaviour;

spit, except into a receptacle provided for such purpose or a
latrine or into a channel or drain provided for the carriage
of sewage, sullage, waste water or excretal matter; or

(g)leave any litter in any compartment or passageway or on
any staircase therein.

6. No person shall-

(a)use, otherwise than for flushing purposes, or take away for
use elsewhere, any water contained in or supplied to a
flushing system in a public convenience;

(b)use, otherwise than for personal cleansing or the washing
of clothes, or take away for use elsewhere, any water con-
tained in or supplied to a shower-bath, wash-hand basin
or stand-pipe in a public convenience; or

(c)interfere in any way with a water supply system in a public
convenience.

7. (1) No male person, other than a child under the age of 5
years who is accompanied by a female relative or nurse, shall, in any
public convenience, enter any part thereof which is allocated for the
use of female persons.

(2) No female person, other than a child under the age of 5 years
who is accompanied by a male relative or male nurse, shall, in any
public convenience, enter any part thereof which is allocated for the
use of male persons.

8. No person knowingly suffering from any communicable
disease shall enter or remain in any bathhouse or wash house which
is provided for the use of the public and managed by the Council.

9. The attendant of any public convenience may direct any
person whom he, or any of his assistants, finds to be contravening any
of the provisions of these by-laws to leave such public convenience.





10. Any person who-

(a) contravenes by-law 4, 5, 6, 7 or 8. or

(b)fails to comply with any direction given to him under the
provisions of by-law 9,

shall be guilty of an offence and shall be liable on summary conviction
to a fine of $250.

11. Without prejudice to the provisions of any other enactment
relating to the prosecution of criminal offences and without prejudice
to the powers of the Attorney General in relation to the prosecution
of such offences, prosecutions for an offence under any of the provi-
sions of these by-laws may be brought in the name of the Council.

12. The provisions of these by-laws, other than the provisions
of by-law 9, shall not apply to any act done by the attendant of any
public convenience, or by any of his assistants, which is necessary
for or incidental to the proper execution of the duties of such
attendant or assistant in or about the public convenience.
G.N.A. 28/61. L.N. 23/73. L.N. 19/77. 10 of 1986. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. Fees for use of compartments in certain public latrines. L.N. 23/73. Conduct in public conveniences. Use and protection of water systems. L.N. 19/77. Segregation of the sexes. Communicable diseases. Power to direct persons to leave publics conveniences. Offences and penalties. L.N. 23/73. Name in which proceedings for offences may be brought. Saving.

Abstract

G.N.A. 28/61. L.N. 23/73. L.N. 19/77. 10 of 1986. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. Fees for use of compartments in certain public latrines. L.N. 23/73. Conduct in public conveniences. Use and protection of water systems. L.N. 19/77. Segregation of the sexes. Communicable diseases. Power to direct persons to leave publics conveniences. Offences and penalties. L.N. 23/73. Name in which proceedings for offences may be brought. Saving.

Identifier

https://oelawhk.lib.hku.hk/items/show/2627

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

4
]]>
Tue, 23 Aug 2011 18:09:22 +0800
<![CDATA[PUBLIC CLEANSING AND PREVENTION OF NUISANCES (URBAN COUNCIL) BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/2626

Title

PUBLIC CLEANSING AND PREVENTION OF NUISANCES (URBAN COUNCIL) BY-LAWS

Description






PUBLIC CLEANSING AND PREVENTION OF NUISANCES
(URBAN COUNCIL) BY-LAWS


ARRANGEMENT OF BY WS

By-law
PART I

PRELIMINARY

1........Citation ............................ ... ... ... ... ... ... ... ... ... BM 3
2........Application ......................... ... ... ... ... ... ... ... ... ... BM 3
3........Interpretation ...................... ... ... ... ... ... ... ... ... ... BM 3

PART II

PREVENTION OF NUISANCES IN STREETS AND PUBLIC PLACES

4.....................Dumping of litter in public places ... ... ... ... ... ... ... ... ... BM 4
5.................................Occupier of premises required to keep surroundings clean ... ... ... ... BM 5
6...................Cleaning carpets etc. in street ... ... ... ... ... ... ... .1 . ... BM 6
7........................Deposit of litter capable of causing fire ... ... ... ... ... ... ... ... BM 6
8.................Obeying calls of nature .... ... ... ... ... ... ... ... .. . ... BM 6
8A. Spitting ---. BM 6
9.....................Carrying of mud etc. onto any street ... ... .. .. ... ... ... ... ... BM 6
9A....................Littering from specified vehicles ... BM 7
10....................Dumping of corpses or carcasses ... ... ... ... ... ... .1. ... BM 8
11.........................Raking and picking over waste deposited etc . ... ... ... ... ... ... ... BM 8
12..................................Prevention of litter from falling when conveyed through streets ... ... ... BM 8
13.............................Prevention of fouling of street by dog faeces or urine ... ... ... ... ... BM 9
14....................................Removal of offensive or noxious matter or liquid through streets etc . ... ... BM 9
15..................................Children under the age of 16 not to he employed to carry waste ... ... ... BM 10

PART III

DISPOSAL OF HOUSEHOLD WASTE

16..................Removal of household waste ... . ... ... ... ... ... ... BM 10
17...........................Duty of occupier where waste chute is provided ... ... ... ... ... ... BM 10
18..................Duty of owner of waste chute ... ... ... ... ... ... ... ... ... ... BM 10
19.............................Duty of occupier where waste chute is not provided ... ... ... ... ... BM 11
20.............................Waste containers not to remain in street or public place ... ... ... ... ... BM 12

PART IV

DANGEROUS WASTE AND TRADE WASTE

21...........................Dangerous waste not to be put into waste chute ... ... ... . ... ... BM 12
22. Disposal of dangerous or trade waste ... ... ... ... ... ... ... ... --- BM 13





By-law Page
PART V

OFFENCES AND MISCELLANEOUS

23. Ofrences and penalties ... ... ... ... ... ... ... ... ... ... ... ... ... BM 13
24. Saving ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... BM 14
25. Name in which proceedings for offences may be brought ... ... ... ... ... BM 14
26. By-laws not to apply to waste containing radioactive substance ... ... ... ... BM 14

First Schedule. Common parts of a building ... ... ... ... ... ... ... ... ... BM 14
Second Schedule. Dangerous waste ... ... ... ... ... ... ... ... ... ... ... ... BM 14
Third Schedule. Specified vehicles ... ... ... ... ... ... ... ... ... ... ... ... BM 15





PUBLIC CLEANSING AND PREVENTION OF NUISANCES
(URBAN COUNCIL) BY-LAWS

(Cap. 132, section 15)

[18 August 1972]

PART 1

PRELIMINARY

1. These by-laws may be cited as the Public Cleansing and
Prevention of Nuisances (Urban Council) By-laws.

2. These by-laws apply to the Urban Council area only.

3. In these by-laws unless the context otherwise requires-

'common parts' in relation to a building means those parts of
a building which are specified in the First Schedule, unless
such parts have been specified or designated in an instrument
registered in the Land Office as being for the exclusive use,
occupation or enjoyment of an owner or occupier;

'Council' means the Urban Council;

'dangerous waste' means any waste of a kind specified in the
Second Schedule;

'drive' includes pull and push;

'driver' means, in relation to a motor vehicle, any person who is in
charge of or assisting in the control of such vehicle;

'invalid carriage' has the same meaning as it has in the Road Traffic
Ordinance;

'motor cycle' has the same meaning as it has in the Road Traffic
Ordinance;

'motor tricycle' has the same meaning as it has in the Road
Traffic Ordinance;

'motor vehicle' means any mechanically propelled vehicle;

'private car' means a private car referred to in section 2 of the
Road Traffic Ordinance but does not include a private car in
respect of which a hire car permit issued under regulation 14,
16 or 17 of the Road Traffic (Public Service Vehicles) Regula-
tions in force;





'registered owner' means, in relation to a motor vehicle, the person
in whose name the motor vehicle is registered in accordance
with the Road Traffic Ordinance;

specified vehicle' means any vehicle of a kind specified in the
Third Schedule;

street' includes any gutter, surface channel and grass verge
adjoining or forming part of any street;

waste collection point' means any place at which the Council, or
any licensee of the Council, provides services for the removal of
waste for disposal.

PART 11

PREVENTION OF NUISANCES IN STREETS AND PUBLIC PLACES

4. (1) No person shall deposit or cause or permit to be
deposited any litter or waste on or in-

(a) any street or public place;

(b) the common parts of any building;

(c) any watercourse, stream, channel, ditch or reservoir;

(d)any Government property except with the consent of a
public officer; or

(e) any land except with the consent of the owner of the land.

(2) If any litter or waste is deposited from a window, balcony,
verandah or roof top of any premises or part of any premises in
contravention of paragraph (1), the occupier of such premises or
part thereof shall be guilty of an offence unless he proves that the
contravention was committed by a person who is not a member of
his family nor employed by him.

(3) If a contravention of paragraph (2) is committed, it shall
be no defence for the occupier to prove that the contravention was
committed without his consent or knowledge.

(4) No offence under paragrAph (1)(c) is committed by a
person who makes a discharge or deposit under and in accordance
with-

(a) a licence g ante under section 20 of the Water Pollution
Control Ordinance; or
Control Ord

(b) an exemption which arises under section 15 of that
Ordinance.





5. (1) If any litter or waste is found-

(a)in a street or public place, within 6 m of any premises
fronting, adjoining or abutting on such street or public
place and having direct access thereto; or

(b)in any common part of a building as is specified in para-
graphs 4 and 6 of the First Schedule, within 6 m of any
premises fronting, adjoining or abutting on such common
part and having direct access thereto,

a public officer authorized in writing in that behalf by the Council
may by notice in writing served on the occupier of such premises,
require him to remove therefrom the litter or waste within one hour
or such longer period as may be specified in the notice.

(2) If any litter or waste is found in any common part of a
building other than a part specified in paragraphs 4 and 6 of the
First Schedule, a public officer authorized in writing in that behalf
by the Council may by notice in writing served on-

(a)the person responsible for the management or cleansing of
the building; or
(b)if there is no such person or such person cannot be found
or ascertained, the owner or occupier of the building,

require him to remove therefrom the litter or waste within one hour
or such longer period as may be specified in the notice.

(3) A notice under paragraph (1) or (2) may also require the
person on whom it is served-

(a)to clean the area or common part of a building specified
therein to the satisfaction of the public officer serving the
notice within such period as may be prescribed in the
notice; and

(b)thereafter to keep such area or common part of a building
clean to the satisfaction of the public officer serving the
notice for such period not exceeding 30 days, as may be
prescribed in the notice.

(4) Without prejudice to by-law 23(1), if a notice served in
accordance with paragraph (1) or (2) of this by-law is not complied
with within or for the periods specified therein-

(a)the litter or waste to which the notice refers shall become
the property of the Crown and may be removed and
destroyed or otherwise disposed of by the Council who
may cause the area or common part of a building in which
it was found to be cleaned, and
(b)the person on whom the notice was served, if convicted of
failing to comply with the notice, may, in addition to any
other penalty imposed, be ordered by the court to pay the
whole or part of the expenses incurred by the Council
under sub-paragraph (a) of this paragraph.





6. No person shall beat, shake, sweep, brush or cleanse in any
street or public place any carpet, rug, mat or any other material
retaining dirt or dust.

7. No person shall deposit or cause or permit to be deposited
in a container provided by the Council for the reception of litter
anything which is capable of igniting the container or any of the
contents thereof.

8. (1) No person shall obey the call of nature-

(a)in any street, public place or place exposed to the public
view; or

(b)in any common part of a building other than a toilet or
water closet.

(2) No person having the care or custody of any child under
12 years of age shall permit, without reasonable cause, such child
to obey the call of nature-

(a)in any street, public area or place exposed to the public
view; or

(b)in any common part of a building other than a toilet or
water closet.

8A. (1) No person shall spit in or into-

(a) any street or public place; or

(b)any common part of a building other than a toilet or water
closet.

(2) No person having the custody or care of any child under
12 years of age shall permit, without reasonable cause, such child
to spit in or into-

(a) any street or public place; or

(b)any common part of a building other than a toilet or water
closet.

9. (1) No person shall drive or use, or cause or permit to be
driven or used, any cart, vehicle or motor vehicle, or any agricultural
implement or machine in any street or public place unless-

(a)any material likely to result in littering or injuring the
surface of the street or public place, which is adhering to the
wheels, framework or body thereof, has been previously
removed therefrom so far as is reasonably practicable; and

(b)any load likely to result in littering or injuring the surface
of the street or public place, which is carried thereon is so
secure and packed that no part or content thereof may fall,
escape or be blown therefrom, onto the street or public
place.





(2) Subject to paragraph (4), if a contravention of paragraph
(1) is committed by means of a motor vehicle, the registered owner
or hirer of the motor vehicle at the time when the contravention was
committed shall be guilty of an offence unless he proves that at the
time of the contravention the motor vehicle had been taken and
driven away without his consent by a person other than a driver
employed by him or was stolen.

(3) Save as provided in paragraph (2), it shall be no defence for
the registered owner or hirer to prove that-

(a)at the time of the contravention the motor vehicle was
driven by or was in the charge of a person other than the
registered owner or hirer; or

(b)the contravention was committed without his knowledge
or consent; or

(c)the person who committed the offence under paragraph (1)
has not been prosecuted.

(4) If a contravention of paragraph (1) is committed by means
of a motor vehicle owned by the Crown, the driver of the motor
vehicle at the time of the contravention shall be guilty of an offence.

9A. (1) No person shall deposit or cause or permit to be
deposited from any specified vehicle, whether stationary or not,
any litter or waste on or in-

(a) any street or public place;

(b) the common parts of any building;

(c) any watercourse, stream, channel, ditch or reservoir;

(d)any Government property except with the consent of a
public officer; or

(e) any land except with the consent of the owner of the land.

(2) Subject to paragraph (4), if any litter or waste is deposited
from any specified vehicle in contravention of paragraph (1), the
registered owner or hirer of the specified vehicle at the time when the
contravention was committed shall be guilty of an offence unless he
proves that at the time of the contravention the specified vehicle had
been taken and driven away without his consent by a person other
than a driver employed by him or was stolen.

(3) Save as provided in paragraph (2), it shall be no defence
for the registered owner or hirer to prove that-

(a)at the time of the contravention the specified vehicle was
driven by or was in the charge of a person other than the
registered owner or hirer; or

(b)the contravention was committed without his knowledge
or consent; or





(c)the person who committed the offence under paragraph (1)
has not been prosecuted,

but he shall not be convicted if he proves that the commission of the
offence was due to an accident or some other cause beyond his
control and that he took all reasonable precautions and exercised all
due diligence to prevent the commission of the offence.

(4) If a contravention of paragraph (1) is committed by means
of a specified vehicle owned by the Crown, the driver of the specified
vehicle at the time of the contravention shall be guilty of an offence.

(5) No offence under paragraph (1)(c) is committed by a
person who makes a discharge or deposit under and in accordance
with-
(a) a licence grante under section 20 of the Water Pollution
Control Ordinance;or
(b)an exern ion which arises under section 15 of that'
Ordinance.

10. No person shall, without lawful authority or reasonable
excuse, place or caused to be placed, any corpse or carcass, or any
part thereof on or in-

(a)any street or public place;

(b) the common parts of any building;

(c)any watercourse, stream, channel, ditch or reservoir or the
waters of Hong Kong;

(d)any Government property except with the consent of a
public officer.

11. No person shall, without lawful authority or reasonable
excuse, rake, pick over or grub in any waste deposited in any place,
or remove or scatter any waste so deposited.

12. Any person conveying any litter in or through any street
or public place shall-

(a)convey the same in containers suitably covered so as to
prevent-
(i) access of flies to the contents thereof, and
(ii) the spilling therefrom of any of the contents;

(b)take all necessary precautions to prevent the same from
falling onto any street or public place; and

(c)if any of the same has so fallen, forthwith clean the place
on which it falls.





13. (1) No person in charge of a dog shall allow the dog to
deposit-

(a)any of its faeces in the common parts of a building or in
any street or public place; or

(b) any urine in the common parts of a building,

except in an area set aside as a latrine area for dogs.

(2) For the purposes of paragraph (1), the owner of the dog
shall be presumed to be the person in charge of it unless he proves
that at the time of the contravention the dog was in the charge of
a person who was neither a member of his family nor employed by
him.

(2A) It shall be no defence to a charge under paragraph (1) for
the owner of the dog to prove that the contravention was committed
without his consent or knowledge.

(3) It shall not be a contravention of this by-law where a dog
deposits-

(a)any of its faeces in the common parts of a building or in
any street or public place; or

(b) any urine in the common parts of a building,

if the person in charge of the dog, before leaving the place where
such faeces or urine has been deposited, removes the said faeces or
urine and cleans the place where it was deposited.

14. (1) Save with the permission of the Council, no person
shall remove or carry, or cause to be removed or carried, through
any street or public place any excretal matter, pigwash, manure or
other offensive or noxious matter or liquid of whatever description
unless-

(a)the removal or carriage is effected in a receptacle, vehicle
or vessel properly constructed of impervious material and
covered with a close fitting lid so as to prevent the escape
therefrom of any of the contents or any stench;

(b)in the case of removal or carriage of excretal matter, such
removal or carriage is effected between the hours of
midnight and 6 a.m.; and

(c)in the case of the removal or carriage of pigwash, such
removal or carriage is effected between the hours of
midnight and 9 a.m.

(2) No person shall deposit or cause or permit to be deposited
any pigwash in or into-

(a) any public place; or

(b)any gully, nullah, watercourse, stream, drain, sewer or inlet
thereto.





(3) If, in the course of its removal or carriage through any
street or public place, any excretal matter, pigwash, manure or
offensive or noxious matter or liquid has been dropped or spilt, the
person who has caused or allowed it to be dropped or spilt shall
immediately cause the place on which it was dropped or spilt to be
cleansed thereof.

15. No person shall employ, for gain or otherwise, a child
under the age of 16 years to convey in or through any street or public
place waste of any kind except such household waste as emanates
from the household of which the child is a member.

PART 111

DiSPOSAL OF HOUSEHOLD WASTE

16. The occupier of any premises or part of any premises shall,
at least once every 24 hours, save in the case of a typhoon or other
exceptional circumstances, remove from the premises or part there-
of, in the manner provided under this Part, all household waste
accumulated therein.

17. The occupier of any premises or part of any premises in
which a waste chute is provided shall-

(a)if the waste chute is in use, tip or cause to be tipped all
household waste into the hopper provided therefor in the
chute; or

(b)if the waste chute is not in use or unserviceable, dispose of
all household waste in the manner provided by by-law 19.

18. (1) If a waste chute is provided in any premises, the owner
of the premises or, if the waste chute is in separate ownership, the
owner of the waste chute, shall-

(a)at all times, maintain the shaft, hopper, storage chamber
and surrounds in a clean condition and take all other
necessary precautions to prevent any nuisance arising
therefrom;

(b)provide, and use at the chute, portable waste storage
containers of sufficient capacity to receive the waste tipped
into the chute and made of such material and to such
specifications as the Council may approve; and

(c) each day-
(i) remove or cause to be removed to such incineration
plant or waste dump as the Council may allocate for the
purpose all the waste tipped into the chute; or





(ii) deposit or cause to be deposited in a public waste
collection vehicle all the waste tipped into the chute if
the portable waste storage container referred to in para-
graph (b) receiving the waste does not exceed IOOL
capacity.

(2) If a waste chute is provided with an incinerator as part of
the installation, paragraph (1)(c) shall apply to the incombustible
residue after incineration of the waste as if such incombustible
residue were ordinary household waste.

(3) Where the Council, by agreement with the owner of any
premises in which a waste chute is provided or, if the waste chute is
in separate ownership, by agreement with the owner of the waste
chute, undertakes to efrect the removal of waste from such chute-

(a) paragraph (1)(c) shall not apply; and

(b)such agreement shall be subject to such terms and con-
ditions as the Council may think fit.

(4) Without prejudice to the generality of the provisions of
paragraph (3)(b), the following matters shall be deemed to be
conditions of such agreement unless the parties thereto expressly
agree to the contrary-

(a)all waste storage containers shall be constructed of such
material and shall be of such design and capacity as the
Council shall approve, and shall be maintained at all times
in good repair and serviceable condition to the satisfaction
of the Council;

(b)each waste storage container shall be kept in a storage
chamber, and shall be so seated as to be capable of easy
removal therefrom by means of a wheeled under-carriage
or other device approved by the Council;

(c)save as otherwise required for cleaning or repair each
storage chamber shall be kept locked and shall be opened
only at such times as may be required for clearance of the
waste storage containers by the public waste collection
service or by a public officer authorized in writing in that
behalf by the Council for the purpose of inspection; and

(d)there shall be provided and maintained for the use of
public waste collection vehicles a clear and sufficient means
of access to each storage chamber at all times at which
such vehicles call for the purpose of collecting waste.

19. (1) The occupier of any premises or part of any premises
in which no waste chute is provided, shall-

(a) provide a sufficient number of dustbins;
(b)put in the dustbins all household waste accumulated from
such premises or such part thereof during each period of
24 hours.





(2) Every dustbin provided shall be-

(a) constructed of strong impervious material;

(b)cylindrical in shape, or tapered towards the bottom, with
smooth internal surfaces;

(c)fitted with handles in such a manner that the bin may easily
be lifted by hand;

(d)provided with a close fitting lid or cover so as to prevent
the emission of dust or stench therefrom and the access
thereto of flies;

(e)of a capacity not exceeding 100L and not less than 30L;
and

generally made to the satisfaction of the Council.

(3) Notwithstanding paragraph (2), any receptacle intended
for the storage of waste, for which receptacle approval in writing has
been obtained from the Council, may be used as a dustbin.

(4) The occupier of any premises or part of any premises in
which no waste chute is provided shall-

(a)at all times maintain every dustbin provided by him in
good repair and in a clean condition to the satisfaction of
the Council;

(b)keep every dustbin provided by him covered except when
required to be opened for the purpose of using it; and

(c)at least once in every 24 hours, deliver or cause to be
delivered to a public waste collection loader at a public
waste collection vehicle all the contents of every dustbin
provided by him.

20. No person shall, without reasonable excuse, permit a
dustbin or receptacle containing waste of any kind to remain in a
street or public place for a period exceeding 10 minutes whilst
awaiting the arrival of a public waste collection vehicle.

PART IV

DANGEROUS WASTE AND TRADE WASTE

21. No person shall-

(a)tip or cause to be tipped into the hopper provided in a
waste chute; or

(b)put or cause to be put into a waste chute or into a dustbin
for household waste,

any dangerous waste or any liquid.





22. (1) The occupier of any premises or part of any premises
in which there is any dangerous waste or in which there is any trade
waste which exceeds I OOL in quantity shall, before any such waste is
disposed of, inform the Council without delay of any arrangement
made by him for the disposal of the waste.

(2) The Council when so informed shall-

(a)if it is satisfied that the arrangement is proper and ade-
quate, approve the arrangement and inform the occupier
in writing that he may dispose of the waste in accordance
with the approved arrangement; or

(b)if it is not satisfied that the arrangement is proper and
adequate, direct the occupier to dispose of the waste in
such manner as it may direct.

(3) Notwithstanding paragraphs (1) and (2), any trade waste
not exceeding 100L in quantity, may, with the consent of the
Council, be disposed of-

(a)if a waste chute is provided in the premises, by putting it
into the waste chute; or

(b)if no waste chute is provided in the premises, by putting it
into dustbins.

(4) No person shall dispose of any dangerous waste or trade
waste otherwise than in accordance with this by-law.

PART V

OFFENCES AND MISCELLANEOUS

23. (1) Any person who-

(a)contravenes by-law 6, 7, 8, 8A, 4-C, 11, 13, 14, 15, 20,
21 or 22(4);

(b) fails to comply with by-law 12, 16, 17, 18, 19 or 22(1); or

(c) fails to comply with a notice under by-law 5(1) or (2),
shall be guilty of an offence and shall be liable to-

(i) a fine of $1,000 on Itihe first conviction; and
(ii) a fine of $2,000 on the second or subsequent conviction.

(IA) Any person who contravenes by-law 4(1), 9(1) of 9A(I)'
shall be guilty of an offence and shall be liable to a fine of $5,000 and
to imprisonment for 6 months.

(2) If any person is guilty of an offence under by-law 4(2), 9(2),
9(4), 9A(2) or 9A(4) he shall be liable to a fine of $5,000 and to
imprisonment for 6 months.





(3) If a person is guilty of an offence under any provision of
these by-laws and that offence is a continuing offence, such person
shall, in addition to any penalties which may be imposed under
paragraph (1), (1A) or (2), be liable to a fine of $50 for each day
during which the offence has continued. ;)n

24. Subject to the provisions of by-law 15, nothing contained
in these by-laws shall be construed so as to prevent any person
conveying, either for himself or for any other person, waste of any
kind from any premises or place to any waste collection point.

25. Without prejudice to the provisions of any other enact-
ment relating to the prosecution of criminal offences and without
prejudice to the powers of the Attorney General in relation to the
prosecution of such offences, prosecutions for an offence under any
of the provisions of these by-laws may be brought in the name of the
Council.

26. (1) The provisions of these by-laws shall not apply to any
waste which contains any radioactive substances.

(2) For the purposes of paragraph (1), the expression 'radio-
active substance' means any substance consisting of or containing
any radioactive chemical element.

FIRST SCHEDULE [by-laws 3 & 5.1

COMMON PARTS OF A BUILDING

1. The roofs, chimneys, gables.
2.Water tanks, wells, sewers, drains, soil pipes, waste pipes, channels, water-
courses, gutters, ducts, downpipes.
3.Cellars, toilets, water closets, wash houses, bathhouses and kitchens which are in
common use by the occupiers of the building.
4. Ledges, yards, courtyards.
5. Compounds, garages, carparks, car ports and lanes.
6. Passageways, corridors, staircases, landings, light wells.
7.Staircase window frames and glazing, hatchways, roofways and outlets to the
roofs and doors and gates giving access thereto.
8.Lifts, escalators, lift shafts and the housing of machinery and apparatus used
in connexion therewith.

SECOND SCHEDULE [by-law 3.1

DANGEROUS WASTE

Item Substances Descrip1. Explosive substances.Discarded or defective cases containing gun-
powder or potassium chlorate used in the manu-
facture of fireworks, sweepings of sulphur used
in the manufacture of matches, or any other
explosive substances.





Item Substances Description
2. Strong supporters of Cotton or woollen waste arising from textile
combustion. industries, polystyrene flakes or powder arising
from plastic button industries and scrap rubber
arising from the rubber industry.
3. Corrosive wastes. Acid wastes arising from the manufacture of
acids, acid wastes (including chromic acid and
caustic soda) arising from electroplating, acid
wastes arising from textile bleaching and dyeing
and acid wastes arising from the manufacture of
enamel and light metalware.
4. Poisonous substances. Potassium cyanide used in electroplating, arsenic
used in leather tanning, lead used in battery con-
struction, type founding and type setting and
manganese used in the manufacture of enamel.
5. Substances giving off Tar and tar distillates arising from oil installa-
inflammable vapour. tions, petrol solution used in the manufacture of
rubber shoes, amyl acetate solutions and ethyl
acetate solutions used in the manufacture of
artificial pearls and thinners used in the manu-
facture of paint and lacquer.
6. Substances rendered Calcium carbide used in acetylene generation.
dangerous by interaction
with water.
7. Compressed gases. Compressed gases used in the manufacture of
fluorescent and neon tubes and of bottled gases.

THIRD SCHEDULE [by-law 3.]

SPECIFIED VEHICLES

1. Goods vehicle.
1 Invalid carriage.
3. Motor cycle.
4. Motor tricycle.
5. Private car.
L.N. 155/72. L.N. 161/73. L.N. 317/77. L.N. 89/79. 79 of 1979. 8 of 1980. 41 of 1980. 38 of 1981. L.N. 401/81. L.N. 100/83. 10 of 1986. Citation. 10 of 1986., s. 32(2). Application. 10 of 1986., s. 32(2). Interpretation. L.N. 401/81. First Schedule. 8 of 1980, s.37. Second Schedule. L.N. 100/83. (Cap. 374.) L.N. 100/83. L.N. 100/83. L.N. 100/83. (Cap. 374.) (Cap. 374, sub. leg.) 79 of 1979, s.2 (Cap. 374.) L.N. 100/83. Third Schedule. 8 of 1980, s. 37. Dumping of litter in public places. L.N. 401/81. L.N. 401/81. 41 of 1980, s. 50. (Cap. 358.) Occupier of premises required to keep surroundings clean. L.N. 89/79. L.N. 401/81. First schedule. L.N. 161/73. L.N. 401/81. L.N. 161/73. L.N. 161/73. L.N. 401/81. Cleaning carpets etc, in street. Deposit of litter capable of causing fire. L.N. 401/81. Obeying calls of nature. L.N. 161/73. Spitting. L.N. 161/73. Carrying of mud etc. onto any street. L.N. 161/73. L.N. 401/81. L.N. 401/81. Littering from specified vehicles. L.N. 401/81. L.N. 100/83. (Cap. 358.) Dumping of corpses or carcasses. Raking and picking over waste deposited etc. 8 of 1980, s. 37. Prevention of litter from falling when conveyed through streets. L.N. 161/73. Prevention of fouling of street by dog faeces or urine. L.N. 161/73. L.N. 317/77. L.N. 317/77. Removal of offensive or noxious matter or liquid through streets etc. L.N. 161/73. L.N. 401/81. Children under the age of 16 not to be employed to carry waste. 8 of 1980, s. 37. 8 of 1980, s. 37. Removal of household waste. 8 of 1980, s. 37. Duty of occupier where waste chute is provided. 8 of 1980, s. 37. Duty of owner of waste chute. 8 of 1980, s. 37. L.N. 89/79. Duty of occupier where waste chute is not provided. 8 of 1980, s. 37. L.N. 89/79. Waste containers not to remain in street or public place. 8 of 1980, s. 37. Dangerous waste not to be put into waste chute. 8 of 1980, s. 37. Disposal of dangerous or trade waste. L.N. 89/79. 8 of 1980, s. 37. Offences and penalties. L.N. 161/73. L.N. 401/81. L.N. 401/81. L.N. 401/81. Saving. 8 of 1980, s. 37. Name in which proceedings for offences may be brought. By-laws not to apply to waste containing radioactive substance. 8 of 1980, s. 37. 8 of 1980, s. 37. L.N. 100/83.

Abstract

L.N. 155/72. L.N. 161/73. L.N. 317/77. L.N. 89/79. 79 of 1979. 8 of 1980. 41 of 1980. 38 of 1981. L.N. 401/81. L.N. 100/83. 10 of 1986. Citation. 10 of 1986., s. 32(2). Application. 10 of 1986., s. 32(2). Interpretation. L.N. 401/81. First Schedule. 8 of 1980, s.37. Second Schedule. L.N. 100/83. (Cap. 374.) L.N. 100/83. L.N. 100/83. L.N. 100/83. (Cap. 374.) (Cap. 374, sub. leg.) 79 of 1979, s.2 (Cap. 374.) L.N. 100/83. Third Schedule. 8 of 1980, s. 37. Dumping of litter in public places. L.N. 401/81. L.N. 401/81. 41 of 1980, s. 50. (Cap. 358.) Occupier of premises required to keep surroundings clean. L.N. 89/79. L.N. 401/81. First schedule. L.N. 161/73. L.N. 401/81. L.N. 161/73. L.N. 161/73. L.N. 401/81. Cleaning carpets etc, in street. Deposit of litter capable of causing fire. L.N. 401/81. Obeying calls of nature. L.N. 161/73. Spitting. L.N. 161/73. Carrying of mud etc. onto any street. L.N. 161/73. L.N. 401/81. L.N. 401/81. Littering from specified vehicles. L.N. 401/81. L.N. 100/83. (Cap. 358.) Dumping of corpses or carcasses. Raking and picking over waste deposited etc. 8 of 1980, s. 37. Prevention of litter from falling when conveyed through streets. L.N. 161/73. Prevention of fouling of street by dog faeces or urine. L.N. 161/73. L.N. 317/77. L.N. 317/77. Removal of offensive or noxious matter or liquid through streets etc. L.N. 161/73. L.N. 401/81. Children under the age of 16 not to be employed to carry waste. 8 of 1980, s. 37. 8 of 1980, s. 37. Removal of household waste. 8 of 1980, s. 37. Duty of occupier where waste chute is provided. 8 of 1980, s. 37. Duty of owner of waste chute. 8 of 1980, s. 37. L.N. 89/79. Duty of occupier where waste chute is not provided. 8 of 1980, s. 37. L.N. 89/79. Waste containers not to remain in street or public place. 8 of 1980, s. 37. Dangerous waste not to be put into waste chute. 8 of 1980, s. 37. Disposal of dangerous or trade waste. L.N. 89/79. 8 of 1980, s. 37. Offences and penalties. L.N. 161/73. L.N. 401/81. L.N. 401/81. L.N. 401/81. Saving. 8 of 1980, s. 37. Name in which proceedings for offences may be brought. By-laws not to apply to waste containing radioactive substance. 8 of 1980, s. 37. 8 of 1980, s. 37. L.N. 100/83.

Identifier

https://oelawhk.lib.hku.hk/items/show/2626

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

15
]]>
Tue, 23 Aug 2011 18:09:22 +0800
<![CDATA[PUBLIC CLEANSING AND PREVENTION OF NUISANCES (REGIONAL COUNCIL) BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/2625

Title

PUBLIC CLEANSING AND PREVENTION OF NUISANCES (REGIONAL COUNCIL) BY-LAWS

Description






PUBLIC CLEANSING AND PREVENTION OF NUISANCES
(REGIONAL COUNCIL) BY-

ARRANGEMENT OF BY-LAWS

By-law .................................... Page
PART I

PRELIMINARY

1. Citation............................... ... ... ... ... ... ... ... ... ... BL 3
2. Application................................ ... ... ... ... ... ... ... ... BL 3
3. Interpretation............................. ... ... ... ... ... ... ... ... BL 3

PART II

PREVENTION OF NUISANCES IN STREETS AND PUBLIC PLACES

4. Dumping of litter in public places ..... ... ... ... ... ... ... ... ... BL 4
5. Occupier of premises required to keep surroundings clean ... ... ... ... BL 5
6. Cleaning carpets etc. in street ........ ... ... ... ... ... ... ... ... BL 6
7. Deposit of litter capable of causing fire ... ... ... ... ... ... ... ... BL 6
8. Obeying calls of nature ................... ... ... ... ... ... ... ... BL 6
8A. Spitting ............................... ... ... ... ... ... ... ... ... BL 6
9. Carrying of mud etc. onto any street ...... ... ... ... ... ... ... ... ... BL 6
9A. Littering from specified vehicles ......... ... ... ... ... ... ... ... BL 7
10. Dumping of corpses or carcasses ........ ... ... ... ... ... ... ... BL 8
11. Raking and picking over waste deposited etc . ... ... ... ... ... ... ... BL 8
12. Prevention of litter from falling when conveyed through streets ... ... ... BL 9
13..............................Prevention of fouling of street by dog faeces or urine ... ... ... ... ... BL 9
14. Removal of ofiensive or noxious matter or liquid through streets etc . ... ... BL 9
15. Children under the age of 16 not to be employed to carry waste ... ... ... BL 10

PART III

DISPOSAL OF HOUSEHOLD WASTE

16. Removal of household waste 1 ....... 1 . ... ... ... ... ... ... ... BL 10
17. Duty of occupier where waste chute is provided ... ... ... ... ... ... BL 10
18. Duty of owner of waste chute .............. ... ... ... ... ... ... ... BL 10
19. Duty of occupier where waste chute is not provided ... ... ... ... ... BL 12
20. Waste containers not to remain in street or public place ... ... ... ... ... BL 12


PART IV

DANGEROUS WASTE AND TRADE WASTE

21...........................Dangerous waste not to be put into waste chute ... ... ... ... ... BL 13
22. Disposal of dangerous or trade waste ... ... ... ... ... ... ... ... ... BL 13





By-law Page
PART V

OFFENCES AND MISCELLANEOUS

23. Offences and penalties ... ... ... ... ... ... ... ... ... ... ... ... ... BL 13
24. Saving ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... BL 14
25. Name in which proceedings for offences may be brought ... ... ... ... ... BL 14
26. By-laws not to apply to waste containing radioactive substance ... ... ... ... BL 14

First Schedule. Common parts of a building ... ...---... ... ... .. ... ... BL 14
Second Schedule. Dangerous waste ... ... ... ... ... ... ... ... ...---... ... BL 15
Third Schedule. Specified vehicles ... ... ... ... ... ... ... ... ... ... ... ... BL 15





PUBLIC CLEANSING AND PREVENTION OF NUISANCES
(REGIONAL COUNCIL) BY-LAWS

(Cap. 132, section 15)

[1 September 1972.1

PART I

PRELIMINARY

1. These by-laws may be cited as the Public Cleansing and
Prevention of Nuisances (Regional Council) By-laws.

2. These by-laws apply to the Regional Council area only.

3. In these by-laws unless the context otherwise requires-

'common parts' in relation to a building means those parts of a
building which are specified in the First Schedule, unless such
parts have been specified or designated in an instrument
registered in the Land Office as being for the exclusive use,
occupation or enjoyment of an owner or occupier;

'Council' means the Regional Council;

'dangerous waste' means any waste of a kind specified in the
Second Schedule;

'drive' includes pull and push;

'driver' means, in relation to a motor vehicle, any person who is
in charge of or assisting in the control of such vehicle;

'invalid carriage' has the same meaning as it has in the Road Traffic
Ordinance;

'motor cycle' has the same meaning as it has in the Road Traffic
Ordinance;

,,motor tricycle' has the same meaning as it has in the Road Traffic
Ordinance;

'motor vehicle' means any mechanically propelled vehicle;

'private car' means a private car referred to in section 2 of the Road
Traffic Ordinance but does not include a private car in respect
of which a hire car permit issued under regulation 14, 16 or 17
of the Road Traffic (Public Service Vehicles) Regulations is in
force;





'registered owner' means, in relation to a motor vehicle, the person
in whose name the motor vehicle is registered in accordance
with the Road Traffic Ordinance;

'specified vehicle' means any vehicle of a kind specified in the Third
Schedule;

',street' includes any gutter, surface channel and grass verge
adjoining or forming part of any street;

'waste collection point' means any place at which the Council, or
any licensee of the Council, provides services for the removal
of waste for disposal.

PART 11

PREVENTION OF NUISANCES IN STREETS AND PUBLIC PLACES

4. (1) No person shall deposit or cause or permit to be
deposited any litter or waste on or in-

(a) any street or public place;

(b) the common parts of any building;

(c) any watercourse, stream, channel, ditch or reservoir;

(d)any Government property except with the consent of a
public officer; or

(e) any land except with the consent of the owner of the land.

(2) If any litter or waste is deposited from a window, balcony,
verandah or roof top of any premises or part of any premises in
contravention of paragraph (1), the occupier of such premises or
part thereof shall be guilty of an offence unless he proves that the
contravention was committed by a person who is not a member of
his family nor employed by him.

(3) If a contravention of paragraph (2) is committed, it shall
be no defence for the occupier to prove that the contravention was
committed without his consent or knowledge.

(4) No offence under paragraph (1)(c) is committed by a
person who makes a discharge or deposit under and in accordance
with-


(a) a licence granted under section 20 of the Water Pollution
Control Ordinance;or

(b) an exemption which arises under section 15 of that
Ordinance.





5. (1) If any litter or waste is found-

(a)in a street or public place, within 6 m of any premises
fronting, adjoining or abutting on such street or public
place and having direct access thereto; or

(b)in any common part of a building as is specified in para-
graphs 4 and 6 of the First Schedule, within 6 m of any
premises fronting, adjoining or abutting on such common
part and having direct access thereto,

a public officer authorized in writing in that behalf by the Council
may by notice in writing served on the occupier of such premises,
require him to remove therefrom the litter or waste within one hour
or such longer period as may be specified in the notice.

(2) If any litter or waste is found in any common part of a
building other than a part specified in paragraphs 4 and 6 of the
First Schedule, a public officer authorized in writing in that behalf
by the Council may by notice in writing served on-

(a)the person responsible for the management or cleansing of
the building; or

(b)if there is no such person or such person cannot be
found or ascertained, the owner or occupier of the
building,

require him to remove therefrom the litter or waste within one hour
or such longer period as may be specified in the notice.

(3) A notice under paragraph (1) or (2) may also require the
person on whom it is served-

(a)to clean the area or common part of a building specified
therein to the satisfaction of the public officer serving the
notice within such period as may be prescribed in the
notice; and

(b)thereafter to keep such area or common part of a building
clean to the satisfaction of the public officer serving the
notice for such period not exceeding 30 days, as may be
prescribed in the notice.

(4) Without prejudice to by-law 23(1), if a notice served in
accordance with paragraph (1) or (2) of this by-law is not complied
with within or for the periods specified therein-

(a)the litter or waste to which the notice refers shall become
the property of the Crown and may be removed and
destroyed or otherwise disposed of by the Council who
may cause the area or common part of a building in which
it was found to be cleaned; and





(b)the person on whom the notice was served, if convicted of
failing to comply with the notice, may, in addition to any
other penalty imposed, be ordered by the court to pay the
whole or part of the expenses incurred by the Council
under sub-paragraph (a) of this paragraph.

6. No person shall beat, shake, sweep, brush or cleanse in any
street or public place any carpet, rug, mat or any other material
retaining dirt or dust.

7. No person shall deposit or cause or permit to be deposited
in a container provided by the Council for the reception of litter
anything which is capable of igniting the container or any of the
contents thereof.

8. (1) No person shall obey the call of nature~-

(a)in any street, public place or place exposed to the public
view; or

(b)in any common part of a building other than a toilet or
water closet.

(2) No person having the care or custody of any child under
12 years of age shall permit, without reasonable cause, such child
to obey the call of nature-

(a)in any street, public area or place exposed to the public
view; or

(b)in any common part of a building other than a toilet or
water closet.

8A. (1) No person shall spit in or into-

(a) any street or public place; or

(b)any common part of a building other than a toilet or water
closet.

(2) No person having the custody or care of any child under
12 years of age shall permit, without reasonable cause, such child
to spit in or into-

(a) any street or public place; or

(b)any common part of a building other than a toilet or water
closet.

9. (1) No person shall drive or use, or cause or permit
to be driven or used, any cart, vehicle or motor vehicle, or any
agricultural implement or machine in any street or public place
unless-





(a)any material likely to result in littering or injuring the
surface of the street or public place, which is adhering
to the wheels, frame-work or body thereof, has been
previously removed therefrom so far as is reasonably
practicable; and

(b)any load likely to result in littering or injuring the surface
of the street or public place, which is carried thereon, is
so secured and packed that no part or content thereof may
fall, escape or be blown therefrom, onto the street or
public place.

(2) Subject to paragraph (4), if a contravention of para-
graph (1~is committed by means of a motor vehicle, the registered
owner or hirer of the motor vehicle at the time when the contra-
vention was committed shall be guilty of an offence unless he proves
that at the time of the contravention the motor vehicle had been
taken and driven away without his consent by a person other than
a driver employed by him or was stolen.

(3) Save as provided in paragraph (2), it shall be no defence
for the registered owner or hirer to prove that-

(a)at the time of the contravention the motor vehicle was
driven by or was in the charge of a person other than the
registered owner or hirer; or

(b)the contravention was committed without his knowledge
or consent; or

(c)the person who comm*itted the offence under paragraph (1)
has not been prosecuted.

(4) If a contravention of paragraph (1) is committed by
means of a motor vehicle owned by the Crown, the driver of the
motor vehicle at the time of the contravention shall be guilty of
an offence.

9A. (1) No person shall deposit or cause or permit to be
deposited from any specified vehicle, whether stationary or not, any
litter or waste on or in-

(a) any street or public place;

(b) the common parts of any building;

(c) any watercourse, stream, channel, ditch or reservoir;

(d)any Government property except with the consent of a
public officer; or

(e) any land except with the consent of the owner of the land.

(2) Subject to paragraph (4), if any litter or waste is deposited
from any specified vehicle in contravention of paragraph (1), the
registered owner or hirer of the specified vehicle at the time when
the contravention was committed shall be guilty of an offence





unless he proves that at the time of the contravention the specified
vehicle had been taken and driven away without his consent by a
person other than a driver employed by him or was stolen.

(3) Save as provided in paragraph (2), it shall be no defence for
the registered owner or hirer to prove that-

(a)at the time of the contravention the specified vehicle was
driven by or was in the charge of a person other than the
registered owner or hirer; or

(b)the contravention was committed without his knowledge
or consent; or

(c)the person who committed the offence under paragraph (1)
has not been prosecuted,

but he shall not be convicted if he proves that the commission of the
offence was due to an accident or some other cause beyond his
control and that he took all reasonable precautions and exercised all
due diligence to prevent the commission of the offence.

(4) If a contravention of paragraph (1) is committed by
means of a specified vehicle owned by the Crown, the driver of the
specified vehicle at the time of the contravention shall be guilty of
an offence.

(5) No offence under paragraph (1)(c) is committed by a
person who makes a discharge or deposit under and in accordance
with-

(a)a licence granted under section 20 of the Water Pollution
Control Ordinan ; or

(b)an exemption which arises under section 15 of that
Ordinance.

10. No person shall, without lawful authority or reasonable
excuse, place or cause to be placed, any corpse or carcass, or any
part thereof on or in-

(a) any street or public place;

(b) the common parts of any building;

(c)any watercourse, stream, channel, ditch or reservoir or the
waters of Hong Kong;


(d)any Government property except with the consent of a
public officer.

11. No person shall, without lawful authority or reasonable
excuse, rake, pick over or grub in any waste deposited in any place,
or remove or scatter any waste so deposited.





12. Any person conveying any litter in or through any street
or public place shall-

(a)convey the same in containers suitably covered so as to
prevent-
(i) access of ffies to the contents thereof., and
(ii) the spilling therefrom of any of the contents;

(b)take all necessary precautions to prevent the same from
falling onto any street or public place; and

(c)if any of the same has so fallen, forthwith clean the place
on which it falls.

13. (1) No person in charge of a dog shall allow the dog to
deposit any of its faeces or urine in the common parts of a building
or in any street or public place except in an area set aside as a latrine
area for dogs.

(2) For the purposes of paragraph (1), the owner of the dog
shall be presumed to be the person in charge of it unless he proves
that at the time of the contravention the dog was in the charge of
a person who was neither a member of his family nor employed
by him.

(2A) It shall be no defence to a charge under paragraph (1) for
the owner of the dog to prove that the contravention was committed
without his consent or knowledge.

(3) It shall not be a contravention of this by-law where a
dog deposits faeces or urine in the common parts of a building or
in any street or public place, if the person in charge of the dog
immediately removes the faeces or urine and cleans the place in
which it was deposited.

~ 14. (1) Save with the permission of the Council, no person
shall remove or carry, or cause to be removed or carried, through
any street or public place any excretal matter, pigwash, manure or
other offensive or noxious matter or liquid of whatever description
unless-

(a)the removal or carriage is effected in a receptacle, vehicle
or vessel properly constructed of impervious material and
covered with a close fitting lid so as to prevent the escape
therefrom of any of the contents or any stench;

(b)in the case of removal or carriage of excretal matter, such
removal or carriage is effected between the hours of
midnight and 6 a.m.; and

(c)in the case of the removal or carriage of pigwash, such
removal or carriage is effected between the hours of
midnight and 9 a.m.





(2) No person shall deposit or cause or permit to be deposited
any pigwash in or into-

(a) any public place; or

(b)any gully, nullah, watercourse, stream, drain, sewer or inlet
thereto.

(3) If, in the course of its removal or carriage through any
street or public place, any excretal matter, pigwash, manure or
offensive or noxious matter or liquid has been dropped or spilt, the
person who has caused or allowed it to be dropped or spilt shall
immediately cause the place on which it was dropped or spilt to be
cleansed thereof.

15. No person shall employ, for gain or otherwise, a child
under the age of 16 years to convey in or through any street or public
place waste of any kind except such household waste as emanates
from the household of which the child is a member.

PART 111

DISPOSAL OF HOUSEHOLD WASTE

16. The occupier of any premises or part of any premises shall,
at least once every 24 hours, save in the case of a typhoon or other
exceptional circumstances, remove from the premises or part there-
of, in the manner provided under this Part, all household waste
accumulated therein.

17. The occupier of any premises or part of any premises in
which a waste chute is provided shall-

(a)if the waste chute is in use, tip or cause to be tipped all
household waste into the hopper provided therefor in the
chute; or

(b)if the waste chute is not in use or unserviceable, dispose of
all household waste in the manner provided by by-law 19.

18. (1) If a waste chute is provided in any premises, the owner
of the premises or, if the waste chute is in separate ownership, the
owner of the waste chute, shall-

(a)at all times, maintain the shaft, hopper, storage chamber
and surrounds in a clean condition and take all other
necessary precautions to prevent any nuisance arising
therefrom;

(b)provide, and use at the chute, portable waste storage
containers of sufficient capacity to receive the waste tipped
into the chute and made of such material and to such
specifications as the Council may approve; and





(c) each day-
(i) remove or cause to be removed to such incineration
plant or waste dump as the Council may allocate for the
purpose all the waste tipped into the chute; or
(ii) deposit or cause to be deposited in a public waste
collection vehicle all the waste tipped into the chute
if the portable waste storage container referred to in
paragraph (b) receiving the waste does not exceed lOOL
capacity.

(2) If a waste chute is provided with an incinerator as part of
the installation, paragraph (1)(c) shall apply to the incombustible
residue after incineration of the waste as if such incombustible
residue were ordinary household waste.

(3) Where the Council, by agreement with the owner of any
premises in which a waste chute is provided or, if the waste chute
is in separate ownership, by agreement with the owner of the waste
chute, undertakes to effect the removal of waste from such chute-

(a) paragraph (1)(c) shall not apply; and

(b)such agreement shall be subject to such terms and con-
ditions as the Council may think fit.

(4) Without prejudice to the generality of the provisions of
paragraph (3)(b), the following matters shall be deemed to be
conditions of such agreement unless the parties thereto expressly
agree to the contrary-

(a)all waste storage containers shall be constructed of such
material and shall be of such design and capacity as the
Council shall approve, and shall be maintained at all times
in good repair and serviceable condition to the satisfaction
of the Council;

(b)each waste storage container shall be kept in a storage
chamber, and shall be so seated as to be capable of easy
removal therefrom by means of a wheeled under-carriage
or other device approved by the Council;

(c)save as otherwise required for cleaning or repair each
storage chamber shall be kept locked and shall be opened
only at such times as may be required for clearance of the
waste storage containers by the public waste collection
service or by a public officer authorized in writing in that
behalf by the Council for the purpose of inspection; and

(d)there shall be provided and maintained for the use of
public waste collection vehicles a clear and sufficient
means of access to each storage chamber at all times
at which such vehicles call for the purpose of collecting
waste.





19. (1) The occupier of any premises or part of any premises
in which no waste chute is provided shall-

(a) provide a sufficient number of dustbins;

(b)put in the dustbins all household waste accumulated from
such premises or such part thereof during each period of
24 hours.

(2) Every dustbin provided shall be-

(a) constructed of strong impervious material;

(b)cylindrical in shape, or tapered towards the bottom, with
smooth internal surfaces;

(e)fitted with handles in such a manner that the bin may easily
be lifted by hand;

(d)provided with a close fitting lid or cover so as to prevent
the emission of dust or stench therefrom and the access
thereto of flies;

(e)of a capacity not exceeding lOOL and not less than 30L;
and

generally made to the satisfaction of the Council.

(3) Notwithstanding paragraph (2), any receptacle intended
for the storage of waste, for which receptacle approval in writing has
been obtained from the Council, may be used as a dustbin.

(4) The occupier of any premises or part of any premises in
which no waste chute is provided shall-

(a)at all times maintain every dustbin provided by him in
good repair and in a clean condition to the satisfaction of
the Council;

(b)keep every dustbin provided by him covered except when
required to be opened for the purpose of using it; and

(e)at least once in every 24 hours, deliver or cause to be
delivered to a public waste collection loader at a public
waste collection vehicle all the contents of every dustbin
provided by him:

Provided that if in any part of the Regional Council
area no public waste collection service is provided, he shall
dispose of the contents of such dustbin in such manner as
the Council may direct by notice posted or otherwise.

20. No person shall, without reasonable excuse, permit a
dustbin or receptacle containing waste of any kind to remain in a
street or public place for a period exceeding 10 minutes whilst
awaiting the arrival of a public waste collection vehicle.





PART IV

DANGEROUS WASTE AND TRADE WASTE

21. No person shall-

(a)tip or cause to be tipped into the hopper provided in a
waste chute; or

(b)put or cause to be put into a waste chute or into a dustbin
for household waste,

any dangerous waste or any liquid.

22. (1) The occupier of any premises or part of any premises
in which there is any dangerous waste or in which there is any trade
waste which exceeds 100L in quantity shall, before any such waste is
disposed of, inform the Council without delay of any arrangement
made by him for the disposal of the waste.

(2) The Council when so informed shall-

(a)if it is satisfied that the arrangement is proper and
adequate, approve the arrangement and inform the
occupier in writing that he may dispose of the waste in
accordance with the approved arrangement; or

(b)if it is not satisfied that the arrangement is proper and
adequate, direct the occupier to dispose of the waste in
such manner as the Council may direct.

(3) Notwithstanding paragraphs (1) and (2), any trade waste
not exceeding 100L in quantity may, with the consent* of the
Council, be disposed of-

(a)if a waste chute is provided in the premises, by putting it
into the waste chute; or

(b)if no waste chute is provided in the premises, by putting it
into dustbins.

(4) No person shall dispose of any dangerous waste or trade
waste otherwise than in accordance with this by-law.

PART V

OFFENCES AND MISCELLANEOUS

23. (1) Any person who-

(a)contravenes by-law 6, 7, 8, 8A, liO, 11, 13, 14, 15, 20,
21 or 22(4);

Prior consent is not necessary but the Council may, if necessary, refuse to
accept such trade waste.





(b) fails to comply with by-law 12, 16, 17, 18, 19 or 22(1); or
(c) fails to comply with a notice under by-law 5(1) or (2),
shall be guilty of an offence and shall be liable to-

(i) a fine of $1,000 the first conviction; and
(ii) a fine of $2,000 on the second or subsequent conviction.

(IA) Any person who contravenes by-law 4(1), 9(1)Oer 9A(1) cr
shall be guilty of an offence and shall be liable to a fine of $5,000

and to imprisonment for 6 months.
(2) If any person is guilty of an offence under by-law 4(2),
9(2), 9(4), 9A(2) or 9A(4) he shall be liable to a fine of and
to imprisonment for 6 months.
(3) If a person is guilty of an offence under any provision of
these by-laws and that offence is a continuing offence, such person
shall, in addition to any penalties which may be imposed under
paragraph (1), (1A) or (2), be liable to a fine of 'for each day
during which the offence has continued.

24. Subject to the provisions of by-law 15, nothing contained
in these by-laws shall be construed so as to prevent any person
conveying, either for himself or for any other person, waste of any
kind from any premises or place to any waste collection point.

25. Without prejudice to the provisions of any other enact-
ment relating to the prosecution of criminal offences and without
prejudice to the powers of the Attorney General in relation to the
prosecution of such offences, prosecutions for an offence under any
of the provisions of these by-laws may be brought in the name of
the Council.

26. (1) The provisions of these by-laws shall not apply to any
waste which contains any radioactive substance.
(2) For the purposes of paragraph (1), the expression 'radio-
active substance' means any substance consisting of or containing
any radioactive chemical element.

FIRST SCHEDULE [by-laws 3 & 5.]

COMMON PARTS OF A BUILDING

1. The roofs, chimneys, gables.
2.Water tanks, wells, sewers, drains, soil pipes, waste pipes, channels, water-
courses, gutters, ducts, downpipes.
3.Cellars, toilets, water closets, wash houses, bathhouses and kitchens which are
in common use by the occupiers of the building.
4. Ledges, yards, courtyards.
5. Compounds, garages, carparks, car ports and lanes.
6. Passageways, corridors, staircases, landings, light wells.
7.Staircase window frames and glazing, hatchways, roofways and outlets to the
roofs and doors and gates giving access thereto.
8.Refuse chutes, lifts, escalators, lift shafts and the housing of machinery and
apparatus used in connexion therewith.





SECOND SCHEDULE [by-law 3.]

DANGEROUS WASTE

Item Substances Descripfion
1 . Explosive substances. Discarded or defective cases containing gun-
powder or potassium chlorate used in the manu-
facture of fireworks, sweepings of sulphur used in
the manufacture of matches, or any other explo-
sive substances.
2. Strong supporters Cotton or woollen waste arising from textile
combustion. industries, polystyrene flakes or powder arising
from plastic button industries and scrap rubber
arising from the rubber industry.
3. Corrosive wastes. Acid wastes arising from the manufacture of
acids, acid waste (including chromic acid and
caustic soda) arising from electroplating, acid
wastes arising from textile bleaching and dyeing
and acid wastes arising from the manufacture of
enamel and light metalware.
4. Poisonous substances. Potassium cyanide used in electroplating, arsenic
used in leather tanning, lead used in battery
construction, type founding and type setting and
manganese used in the manufacture of enamel.
5. Substances-giving ofr Tar and tar distillates arising from oil installa-
inflammable vapour. tions, petrol solution used in the manufacture of
rubber shoes, arnyl acetate solutions and ethyl
acetate solutions used in the manufacture of
artificial pearls and thinners used in the manu-
facture of paint and lacquer.
6. Substances rendered Calcium carbide used in acetylene generation.
dangerous by interaction
with water.
7. Compressed gases. Compressed gases used in the manufacture of
fluorescent and neon tubes and of bottled gases.

THIRD SCHEDULE [by-law 3.1

SPECIFIED VEHICLES

1 . Goods vehicle.
2. Invalid carriage.
3. Motor cycle.
4. Motor tricycle.
5. Private car.
L.N. 165/72. L.N. 152/73. L.N. 89/79. 79 of 1979. 8 of 1980. 41 of 1980. 38 of 1981. L.N. 387/81. L.N. 59/83. L.N. 67/85. 10 of 1986. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. L.N. 387/81. 10 of 1986, s. 32(2). First schedule. 8 of 1980, s. 37. Second schedule. L.N. 59/83. (Cap. 374.) L.N. 59/83. L.N. 59/83. L.N. 59/83. (Cap. 374). (Cap. 374, sub. leg.) 79 of 1979, s. 2. L.N. 59/83. Third Schedule. 8 of 1980, s. 37. Dumping of litter in public places. L.N. 387/81. L.N. 387/81. 41 of 1980, s. 50 (Cap. 358.) Occupier of premises required to keep surroundings clean. L.N. 89/79. L.N. 387/81. 10 of 1986, s. 32(2). First Schedule. L.N. 152/73. L.N. 387/81. First Schedule. L.N. 152/73. L.N. 152/73. L.N. 387/81. Cleaning carpets etc, in street. Deposit of litter capable of causing fire. L.N. 387/81. 10 of 1986, s. 32(2). Obeying calls of nature. L.N. 152/73. Spitting. L.N. 152/73. Carrying of mud etc. onto any street. L.N. 152/73. L.N. 387/81. L.N. 387/81. Littering from specified vehicles. L.N. 387/81. L.N. 59/83. (Cap. 358.) Dumping of corpses or carcasses. Raking and picking over waste deposited etc. 8 of 1980, s. 37. Prevention of litter from falling when conveyed through streets. L.N. 152/73. Prevention of fouling of street by dog faeces or urine. L.N. 152/73. 10 of 1986, s. 32(2). 10 of 1986, s. 32(2). Removal of offensive or noxious matter or liquid through street etc. 10 of 1986, s. 32(2). L.N. 152/73. L.N. 387/81. Children under the age of 16 not to be employed to carry waste. 8 of 1980, s .37. 8 of 1980, Removal of household waste. 8 of 1980, s .37.Duty of occupier where waste chute is provided. 8 of 1980, s .37.10 of 1986, s. 32(2). duty of owner of waste chute. 8 of 1980, s .37. 10 of 1986, s. 32(2). L.N. 89/79. Duty of occupier where waste chute is not provided. 8 of 1980, s. 37. 10 of 1986, s. 32(2). L.N. 89/79. Waste containers not to remain in street or public place. 8 of 1980, s. 37. 8 of 1980, s, 37. Dangerous waste not to be put into waste chute. 8 of 1980, s, 37. Disposal of dangerous or trade waste. L.N. 89/79. 8 of 1980, s, 37. 10 of 1986, s. 32(2). Offences and penalties. L.N. 152/73. L.N.. 32(2). L.N. 387/81. L.N. 387/81. Saving. 8 of 1980, s. 37. 10 of 1986, s. 32(2). Name in which proceedings for offences may be brought. 10 of 1986, s. 32(2). By-laws not to apply to waste containing radioactive substance. 8 of 1980, s. 37. 10 of 1986, s. 32(2). 8 of 1980, s. 37. L.N. 59/83.

Abstract

L.N. 165/72. L.N. 152/73. L.N. 89/79. 79 of 1979. 8 of 1980. 41 of 1980. 38 of 1981. L.N. 387/81. L.N. 59/83. L.N. 67/85. 10 of 1986. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. L.N. 387/81. 10 of 1986, s. 32(2). First schedule. 8 of 1980, s. 37. Second schedule. L.N. 59/83. (Cap. 374.) L.N. 59/83. L.N. 59/83. L.N. 59/83. (Cap. 374). (Cap. 374, sub. leg.) 79 of 1979, s. 2. L.N. 59/83. Third Schedule. 8 of 1980, s. 37. Dumping of litter in public places. L.N. 387/81. L.N. 387/81. 41 of 1980, s. 50 (Cap. 358.) Occupier of premises required to keep surroundings clean. L.N. 89/79. L.N. 387/81. 10 of 1986, s. 32(2). First Schedule. L.N. 152/73. L.N. 387/81. First Schedule. L.N. 152/73. L.N. 152/73. L.N. 387/81. Cleaning carpets etc, in street. Deposit of litter capable of causing fire. L.N. 387/81. 10 of 1986, s. 32(2). Obeying calls of nature. L.N. 152/73. Spitting. L.N. 152/73. Carrying of mud etc. onto any street. L.N. 152/73. L.N. 387/81. L.N. 387/81. Littering from specified vehicles. L.N. 387/81. L.N. 59/83. (Cap. 358.) Dumping of corpses or carcasses. Raking and picking over waste deposited etc. 8 of 1980, s. 37. Prevention of litter from falling when conveyed through streets. L.N. 152/73. Prevention of fouling of street by dog faeces or urine. L.N. 152/73. 10 of 1986, s. 32(2). 10 of 1986, s. 32(2). Removal of offensive or noxious matter or liquid through street etc. 10 of 1986, s. 32(2). L.N. 152/73. L.N. 387/81. Children under the age of 16 not to be employed to carry waste. 8 of 1980, s .37. 8 of 1980, Removal of household waste. 8 of 1980, s .37.Duty of occupier where waste chute is provided. 8 of 1980, s .37.10 of 1986, s. 32(2). duty of owner of waste chute. 8 of 1980, s .37. 10 of 1986, s. 32(2). L.N. 89/79. Duty of occupier where waste chute is not provided. 8 of 1980, s. 37. 10 of 1986, s. 32(2). L.N. 89/79. Waste containers not to remain in street or public place. 8 of 1980, s. 37. 8 of 1980, s, 37. Dangerous waste not to be put into waste chute. 8 of 1980, s, 37. Disposal of dangerous or trade waste. L.N. 89/79. 8 of 1980, s, 37. 10 of 1986, s. 32(2). Offences and penalties. L.N. 152/73. L.N.. 32(2). L.N. 387/81. L.N. 387/81. Saving. 8 of 1980, s. 37. 10 of 1986, s. 32(2). Name in which proceedings for offences may be brought. 10 of 1986, s. 32(2). By-laws not to apply to waste containing radioactive substance. 8 of 1980, s. 37. 10 of 1986, s. 32(2). 8 of 1980, s. 37. L.N. 59/83.

Identifier

https://oelawhk.lib.hku.hk/items/show/2625

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

15
]]>
Tue, 23 Aug 2011 18:09:21 +0800
<![CDATA[PUBLIC CEMETERIES (URBAN COUNCIL) BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/2624

Title

PUBLIC CEMETERIES (URBAN COUNCIL) BY-LAWS

Description






PUBLIC CEMETERIES (URBAN COUNCIL) BY-LAWS

ARRANGEMENT OF BY-LAWS

By-law Page

1. Citation ... ... ... ... ... ... ... ... ... ... ... ...---. ... ... ... BK 2
2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... BK 2
3. Allocations and lay-out of public cemeteries ... ... ... ... ... ... ... ... BK 2
4. Register of graves ... ... ... ... ... ... ... ... ... ... ... ... ... ... BK 2
5. Certain permits or certificates to be produced at time of interment ... ... ... BK 3
6. Times of burials ... ... ... ... ... ... .. ... ... ... ... ... ... ... BK 3
7. Grave digging and construction of vaults, etc . ... ... ... ... ... ... ... ... BK 3
7A. Size of grave covering and restriction on interments ... ... ... ... ... ... ... BK 4
8. Monuments and headstones, etc. ... ... ... ... ... ... ... ... ... ... BK4
8A. Removal of grave coverings, monuments, headstones and tablets ... ... ... ... BK 5
9. Government not to be liable for loss or damage to commemorative articles ... ... BK 6
10. [Revoked] ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... BK 6
11. Conduct and behaviour... ... ... ... ... ... ... ... ... .. . ... ... BK 6

12. Fees ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... BK 7
13. Offences and penalties ... ... ... ... ... ... ... ... ... ... ... ... ... BK 7

14. Name in which proceedings for offences may be brought ... ... ... ... ... BK 7

First Schedule. Register of graves ... ... ... ... ... ... ... ... ... ... ... BK 8
Second Schedule. Scale of Fees ... ... ... ... ... ... ... ... ... ... ... ... BK 8





PUBLIC CEMETERIES (URBAN COUNCIL) BY-LAWS

(Cap. 132, section 116)

[23 December 1960.1

1. These by-laws may be cited as the Public Cemeteries
(Urban Council) By-laws.

2. In these by-laws, unless the context otherwise requires-

'body' means the dead body of a human being, but does not include
ashes thereof after cremation;

'Council' means the Urban Council;

'Director' means the Director of Urban Services;

'public cemetery' means any cemetery specified in Part 1 of the Fifth
Schedule to the Ordinance.

3. The Director may-

(a)direct that any particular public cemetery or any part of a
public cemetery be set aside or allocated for the reception
of human remains of particular persons or of persons
belonging to any particular community, race or religion;
and

(b)direct that the disposal of the human remains of any
particular person, or the human remains of persons be-
longing to any particular community, race or religion, shall
not take place in any particular public cemetery or any
particular part of any public cemetery and that disposal
thereof shall be effected in any other public cemetery or
any other part of a public cemetery.

4. (1) At every public cemetery, in the custody of the officer
in charge thereof, there shall be kept a register in the form prescribed
in the First Schedule containing particulars of the persons whose
human remains are deposited in the cemetery.

(2) Every register required to be kept by the provisions of
paragraph (1) shall be kept in duplicate, and, at the end of each
month, the duplicate copy of the entries made therein during the
preceding month shall be sent to the Director for custody.

(3)(a) The register kept at any public cemetery may be
inspected at the cemetery by the public at all times during
which such cemetery is open to the public, and the dupli-
cate copies kept in the custody of the Director may be
inspected during office hours on application to him.





(b)Any person requiring a certified copy of any entry in any
such register may obtain the same from the Director upon
payment of a fee of $10 per entry.

5. A person in charge of the disposal in a public cemetery of
the human remains of any person shall, in relation to such remains,
produce to the officer in charge of the cemetery at the time when the
interment takes place-

(a)in the case of a first interment of the body of any person
dying in Hong Kong-
(i) a permit of a police officer issued under the provi-
sions of the proviso to section 16(1) of the Births and
Deaths Registration Ordinance;
(ii) a certificate of registration of death or of a Coro-
ner's order issued under the provisions of section 17(1) of
the Births and Deaths Registration Ordinance; or
(iii) in the case of the body of a still-born child, a
certificate, declaration or Coroner's order issued or made
under the provisions of section 18 of the Births and Deaths
Registration Ordinance; or

(b)in any other case, the permission in writing of the Council
authorizing the interment.

6. (1) The Director may prescribe, by notice posted in such
manner as he may think fit at any public cemetery or other place, the
times during which human remains may be received into the
cemetery.

(2) In the case of the interment of the human remains of any
person in the Hong Kong Cemetery, the person in charge of the
disposal of such remains shall give to the officer in charge of the
cemetery not less than 2 hours' notice of the time at which it is
intended that the interment shall take place.

7. (1) No person, other than an officer of the Urban Services
Department, shall, in any public cemetery, dig or fill in any grave
without the consent of the officer in charge of the cemetery, and,
where such consent is given, the work shall be carried out in
accordance with the directions, and subject to the supervision of
such officer in charge of the cemetery.

(2) Save with the consent in writing of the Director and in
accordance with any conditions or restrictions which he may impose
on the grant thereof, no person shall, in any public cemetery,
construct any vault, burial niche or other place of interment, not
being a grave.





7A. (1) No person shall, over a grave opening in a public
cemetery, construct any covering the length or width of which
exceeds the following dimensions-

(a)in the case of a grave for the interment of skeletal human
remains resulting from exhumation (except where sub-
paragraph (b) applies) or of ashes after cremation, a length
and width of 900 mm each;

(b)in the case of a grave in which human remains are
re-interred after exhumation under section 18 of the
Coroners Ordinance, the dimensions of that grave before
the exhumation;

(c)in the case of any other grave, a length of 2 400 mm and a
width of 900 mm.

(2) No person shall be entitled to have allocated more than
one grave space for one set of human remains, and, save with the
consent in writing of the Director, not more than one set of human
remains shall be interred in one grave space.

(3) For the purposes of paragraph (2), the size of a grave space
shall be such as is permitted by the Director in pursuance of his
policy for the time being for the cemetery in question.

8. (1) Save with the consent in writing of the Director and in
accordance with any conditions or restrictions which he may impose
on the grant thereof, no person shall, in any public cemetery, erect a
monument, other than a headstone or tablet, upon any grave, or
make any railing, fence or enclosure round or enclosing any grave
space, or plant thereat any tree or shrub.

(IA) No person shall, in any public cemetery, erect any
monument, headstone or tablet which exceeds the following dimen-
sions, and the Director shall not under paragraph (1) give his
consent to any such monument-

(a)in the case of a monument erected over a grave referred to
in by-law 7A(I)(a), a length and width of 900 mm each and
a height of 1 500 mm;

(b)in the case of a monument erected over a grave referred to
in by-law 7A(I)(b), a length and width of 900 mm each and
a height of 1500 mm or the dimensions of the monument
lawfully erected over the grave before the exhumation
(whichever is the greater);

(c)in the case of a monument erected over any other grave, a
length of 1 800 mm, a width of 900 mm and a height of
1 800 mm;

(d)in the case of a headstone or tablet, a width of 900 mm, a
thickness of 150 mm and a height of 1500 mm.





(IB) For the purposes of paragraph (IA), the measurement of
the height of a monument, headstone or tablet shall be taken from
the highest point of the surrounding ground and shall include
the highest point of the monument, headstone or tablet, and the
measurement of the length and width shall include any lateral
projection from the monument, headstone or tablet.

(2) Where the Director gives his consent to the planting in any
public cemetery of any tree or shrub, such consent shall be deemed
to have been given subject to the condition that the tree or shrub
may be clipped or pruned at the discretion of the Director.

(3) Every grave shall be numbered in a permanent form with a
number corresponding to the number entered in the register required
to be kept by the provisions of by-law 4, and every monument,
headstone or tablet, and every railing or enclosure marking or
enclosing any grave, shall be firmly seated in the ground.

(4) No monument, headstone or tablet shall be so constructed
or shaped as to permit of the collection of water in or about it.

(5) No monument, headstone or tablet shall be removed or
altered, nor shall anything be added thereto, without the consent in
writing of the Director.

(6) Any monument, headstone or tablet, and any railing or
enclosure marking or enclosing any grave, which, by reason of
neglect or for any other reason, becomes dilapidated or in need of
repair may, at the discretion of the Director, be removed and
disposed of in such manner as he may think fit.

(7) For the purposes of this by-law, a headstone or tablet
containing any words, carvings or portraits other than-

(a) the name of the deceased;

(b) his place of birth;

(e) the dates of his birth and death;

(d) a portrait of the deceased; and

(e) the name of the family erecting the headstone or tablet,

shall be deemed to be a monument.

8A. (1) The Director may, subject to paragraphs (2), (3) and
(4), remove and dispose of-

(a)any grave covering which has after the commencement* of
the Public Cemeteries (Amendment) By-laws 1979 been
construced over any grave opening in a public cemetery in
contravention of by-law 7A(I);

(b)any monument, headstone or tablet which has, after the
commencement of the said by-laws, been erected upon any
grave in a public cemetery or altered or added to in
contravention of by-law 8(1), (IA), (3), (4) or (5).





(2) The power in paragraph (1) shall not be exercised by the
Director unless he has by notice in writing required the addressee of
the notice either to modify the grave covering, monument, head-
stone or tablet so that it conforms with these by-laws, or to remove
and dispose of the same, and the modification or removal has not
been carried out within such reasonable time as may be allowed
therefor in the notice.

(3) The addressee of a notice under paragraph (2) shall be the
next of kin named in the entry in the register, kept under by-law 4,
relating to any deceased person whose remains have been interred in
the grave upon which the grave covering, monument, headstone or
tablet has been constructed, erected or altered, and the said notice
shall be sent by post to the addressee at the address shown in the
register.

(4) The notice shall also be posted in some conspicuous place
on the grave covering, monument, headstone or tablet.

(5) Any person modifying, removing or disposing of a grave
covering, monument, headstone or tablet pursuant to a notice under
paragraph (2) shall carry out the work in accordance with the
directions, and subject to the supervision, of an officer of the Urban
Services Department.

(6) If no next of kin is named in the register referred to in
paragraph (3), the Director may exercise the power in paragraph (1)
without giving notice under paragraph (2).

9. Every monument, headstone, tablet, railing, fence,
enclosure, tree or shrub and every other commemorative article
whatsoever, whether movable or immovable, which is placed at any
grave shall be there at the risk of the owner thereof, and the
Government shall not be liable for any loss or damage thereto
arising from any cause whatsoever.

10. [Revoked, L.N. 2921771

11. No person shall, in any public cemetery-

(a)sell or let for hire, or expose for sale or letting for hire, any
article or thing without the consent of the Director;

(b)post, affix or distribute any handbill, card, circular or
advertisement of any kind whatsoever;

(e)hold, promote or take part in any public meeting, other
than a meeting of a religious or commemorative nature
relating to the death of any person whose human remains
have been buried or otherwise disposed of in the cemetery;

(d)wilfully disturb or interfere with any funeral service or
procession or any religious or commemorative meetings;

(e)discharge any firearm, except in the proper performance of
a military funeral;





(f)wilfully or carelessly deface, injure, soil or defile any wall
or fence in or enclosing the cemetery, or any part thereof,
or any grave, vault, urn, burial niche, barrier, railing, post,
scat, boundary stone, monument, headstone, tablet, orna-
ment, tree, shrub or ornamental plant;

(g)climb any wall or fence in or enclosing the cemetery, or any
part thereof, or any tree, barrier, railing, pole, monument,
headstone, tablet or ornament; or

(h) behave in a noisy or unseemly manner.

12. (1) Subject to the provisions of paragraphs (2) and (3),
the fees prescribed in the Second Schedule shall be payable to the
Council.

(2) No fee shall be payable in respect of the interment of a
pauper.

(3) Without prejudice to the provisions of paragraph (2), the
Director may, where he thinks fit, waive payment of the fees
prescribed in the Second Schedule as the fees to be paid in respect of
a grave space or may reduce such fees to such amount as he
considers reasonable in the circumstances.

13. (1) Any person who contravenes any of the provisions of
by-law 11 shall be guilty of an offence and shall be liable on
summary conviction to a fine of $100.

(2) Any person who-

(a)fails to comply with any direction given by the Director
under the provisions of by-law 3(b);

(b)for the purpose of obtaining the permission of the Council
for the interment in a public cemetery of the human
remains of any person, makes any declaration or statement
which he knows, or has reason to believe, to be false in a
material particular;

(c)contravenes any of the provisions of by-law 7(1) or (2),
7A(I) or (2), 8(1), (IA) or (5) or 8A(5); or

(d)fails to comply with any conditions or restrictions imposed
by the Director under the provisions of by-law 7(2) or 8(1),

shall be guilty of an offence and shall be liable on summary
conviction to a fine of $1,000.

14. Without prejudice to the provisions of any other enact-
ment relating to the prosecution of criminal offences and without
prejudice to the powers of the Attorney General in relation to the
prosecution of such offences, prosecutions for an offence under any
of the provisions of these by-laws may be brought in the name of the
Council.





Section of Cemetery

Grave No.

Name and surname of person buried
(BLOCK LETTERS)
Trade, profession or occupation (of
the parents in the case of a child)

Age of person buried

Sex of person buried
Date of death
Death registration number or burial
order number
Date of registration or date of order
to bury
Permanent address of deceased (abode)

Address at which death occurred
Date of interment
Name and address of undertaker
Name and address of next of kin of
deceased
By whom the ceremony was performed
Date
For removal to

File reference

Remarks

G.N.A. 154/60. L.N. 206/72. 21 of 1973. L.N. 292/77. L.N. 79/79. L.N. 40/80. L.N. 50/83. 10 of 1986. Citation. 10 of 1986, s. 32(2). Interpretation. Allocations and lay-out of public cemeteries. Register of graves. First Schedule. L.N. 292/77. Certain permits or certificates to be produced at time of interment. 10 of 1986, s. 32(2). (Cap. 174.) Times of burials. L.N. 292/77. Grave digging and construction of vaults, etc. Size of grave covering and restriction on interments. L.N. 79/79. (Cap. 14.) Monuments and headstones, etc. L.N. 79/79. L.N. 79/79. L.N. 206/72. Removal of grave coverings, monuments, headstones and tablets. L.N. 79/79. (L.N. 79/79.) [*23.3.79.] Government not to be liable for loss or damage to commemorative articles. Conduct and behaviour. Fees. Second Schedule. 21 of 1973, s. 20. L.N. 206/72. L.N. 292/77. Offences and penalties. L.N. 206/72. Name in which proceedings for offences may be brought. L.N. 206/72. L.N. 50/83.

Abstract

G.N.A. 154/60. L.N. 206/72. 21 of 1973. L.N. 292/77. L.N. 79/79. L.N. 40/80. L.N. 50/83. 10 of 1986. Citation. 10 of 1986, s. 32(2). Interpretation. Allocations and lay-out of public cemeteries. Register of graves. First Schedule. L.N. 292/77. Certain permits or certificates to be produced at time of interment. 10 of 1986, s. 32(2). (Cap. 174.) Times of burials. L.N. 292/77. Grave digging and construction of vaults, etc. Size of grave covering and restriction on interments. L.N. 79/79. (Cap. 14.) Monuments and headstones, etc. L.N. 79/79. L.N. 79/79. L.N. 206/72. Removal of grave coverings, monuments, headstones and tablets. L.N. 79/79. (L.N. 79/79.) [*23.3.79.] Government not to be liable for loss or damage to commemorative articles. Conduct and behaviour. Fees. Second Schedule. 21 of 1973, s. 20. L.N. 206/72. L.N. 292/77. Offences and penalties. L.N. 206/72. Name in which proceedings for offences may be brought. L.N. 206/72. L.N. 50/83.

Identifier

https://oelawhk.lib.hku.hk/items/show/2624

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

8
]]>
Tue, 23 Aug 2011 18:09:20 +0800
<![CDATA[PUBLIC CEMETERIES (REGIONAL COUNCIL) BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/2623

Title

PUBLIC CEMETERIES (REGIONAL COUNCIL) BY-LAWS

Description






PUBLIC CEMETERIES (REGIONAL COUNCIL) BY-LAWS

ARRANGEMENT OF BY-LAWS

By-law Page

1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... BJ 2
2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... BJ 2
3. Allocations and lay-out of cemeteries... ... ... ... ... ... ... ... ... BJ 2
4. Register of graves ... ... ... ... ... ... ... ... ... ... ... ... ... ... BJ 2
5. Certain permits or certificates to be delivered at time of interment ... ... ... BJ 3
6. Times of burials ... ... ... ... ... ... ... ... ... ... ... ... ... ... BJ 3
7. Grave digging and construction of vaults, etc. ... ... ... ... ... ... ... ... BJ 3
7A. Size of grave covering and restriction on interments ... ... ... ... ... ... BJ 3
8. Monuments and headstones, etc. ... ... ... ... ... ... ... ... ... ... BJ 4
8A. Removal of grave coverings, monuments, headstones and tablets ... ... ... ... BJ 5
9. Government not liable for loss or damage to commemorative articles ... ... ... BJ 6
10. Conduct and behaviour... ... ... ... ... ... ... ... ... ... ... ... BJ 6
11, Fees... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... BJ 6
12. Offences and penalties ... ... ... ... ... ... ... ... ... ... ... ... ... BJ 7
13. Name in which proceedings for oflences may be brought ... ... ... ... ... BJ 7

First Schedule. Register of graves ... ... ... ... ... ... ... ... ... ... ... ... BJ 7
Second Schedule. Scale of Fees ... ... ... ... ... ... ... ... ... ... ... ... ... BJ 8





PUBLIC CEMETERIES (REGIONAL COUNCIL) BY-LAWS

(Cap. 132, section 116)

[11 November 1960.1

1. These by-laws may be cited as the Public Cemeteries
(Regional Council) By-laws.

2. In these by-laws, unless the context otherwise requires-

'body' means the dead body of a human being, but does not include
ashes thereof after cremation;

'Council' means the Regional Council;

'public cemetery' means any cemetery specified in Part III of the
Fifth Schedule to the Ordinance.

3. The Council may-

(a)direct that any particular public cemetery or any part of any
public cemetery be set aside or allocated for the reception
of human remains of particular persons or of persons be-
longing to any particular community, race or religion; and
(b)direct that the disposal of the human remains of any
particular person, or the human remains of persons
belonging to any particular community, race or religion,
shall not take place in any particular public cemetery or
any particular part of any public cemetery and that
disposal thereof shall be effected in any other public
cemetery or any other part of a public cemetery.

4. (1) At every public cemetery, in the custody of the officer
in charge thereof, there shall be kept a register in the form prescribed
in the First Schedule containing particulars of the persons whose
human remains are deposited therein.

(2) Every register required to be kept by the provisions of
paragraph (1) shall be kept in duplicate, and, at the end of each
month, the duplicate copy of the entries made therein during the
preceding month shall be sent to the Council for custody.

(3)(a) The register kept at any public cemetery may be
inspected at the cemetery by the public at all times during
which such cemetery is open to the public, and the duplicate
copies kept in the custody of the Council may be inspected
during office hours on application to it.
(b)Any person requiring a certified copy of any entry in any
such register may obtain the same from the Council upon
payment of a fee of $10 per entry.





5. A person in charge of the disposal in a public cemetery of
the human remains of any person shall, in relation to such remains,
produce to the officer in charge of the cemetery at the time when the
interment takes place-

(a)in the case of a first interment of the body of any person
dying in Hong Kong-
(i) a permit of a police officer issued under the provi-
sions of the proviso to section 16(1) of the Births and
Deaths Registration Ordinance;
(ii) a certificate of registration of death or of a Coro-
ner's order issued under the provisions of section 17(1) of
the Births and Deaths Registration Ordinance; or
(iii) in the case of the body of a still-born child, a
certificate, declaration or Coroner's order issued or made
under the provisions of section 18 of the Births and Deaths
Registration Ordinance; or

(b)in any other case, the permission in writing of the Council
authorizing the interment.

6. The Council may prescribe, by notice posted in such manner
as it may think fit at any public cemetery or other place, the times
during which human remains may be received into the cemetery.

7. (1) No person, other than an officer of the Regional
Services Department, shall in any public cemetery, dig or fill in any
grave without the consent of the officer in charge of the cemetery,
and, where such consent is given, the work shall be carried out in
accordance with the directions, and subject to the supervision, of
such officer.

(2) Save with the consent in writing of the Council and in
accordance with any conditions or restrictions which it may impose
on the grant thereof, no person shall, in any public cemetery,
construct any vault, burial niche or other place of interment, not
being a grave.

7A. (1) No person shall, over a grave opening in a public
cemetery, construct any covering the length or width of which
exceeds the following dimensions-

(a)in the case of a grave for the interment of skeletal human
remains resulting from exhumation (except where sub-
paragraph (b) applies) or of ashes after cremation, a length
and width of 900 mm each;
(b)in the case of a grave in which human remains are re-
interred after exhumation under section 18 of the Coroners
Ordinance, the dimensions of that grave before the
exhumation;

(c)in the case of any other grave, a length of 2 400 mm and a
width of 900 mm.





BJ 4 CAP. 132) Public Cemeteries (Regional Council) [1986 Ed.
By-laws
[Subsidiary]
(2) No person shall be entitled to have allocated more than
one grave space for one set of human remains, and, save with the
consent in writing of the Council, not more than one set of human
remains shall be interred in one grave space.
(3) For the purposes of paragraph (2), the size of a grave space
shall be such as is permitted by the Council in pursuance of its policy
for the time being for the cemetery in question.
Monuments and 8.(1) Save with the consent in writing of the Council and in
headstones, etc.accordance with any conditions or restrictions which it may impose
10 of 1986, s. 32(2).on the grant thereof, no person shall, in any public cemetery, erect
a monument, other than a headstone or tablet, upon any grave, or
make any railing, fence or enclosure round or enclosing any grave
space, or plant thereat any tree or shrub.
L.N. 57179.(IA) No person shall, in any public cemetery, erect any monu
ment, headstone or tablet which exceeds the following dimensions,
and the Council shall not under paragraph (1) give its consent to
any such monument-
(a) in the case of a monument erected over a grave referred to
in by-law 7A(I)(a), a length and width of 900 mm each
and a height of 1 500 mm;
(b) in the case of a monument erected over a grave referred
to in by-law 7A(I)(b), a length and width of 900 mm.
each and a height of 1 500 mm or the dimensions of the
monument lawfully erected over the grave before the
exhumation (whichever is the greater);
(c) in the case of a monument erected over any other grave, a
length of 1800 ram, a width of 900 min and a height of
1 800 mm;
(d) in the case of a headstone or tablet, a width of 900 mm,
a thickness of 150 nun and a height of 1 500 nun.
L.N. 57179.(IB) For the purposes of paragraph (IA), the measurement of
the height of a monument, headstone or tablet shall be taken from
the highest point of the surrounding ground and shall include the
highest point of the monument, headstone or tablet, and the
measurement of the length and width shall include any lateral
projection from the monument, headstone or tablet.
(2) Where the Council gives its consent to the planting in any
public cemetery of any tree or shrub, such consent shall be deemed
to have been given subject to the condition that the tree or shrub
may be clipped or pruned at the discretion of the Council.
(3) Every grave shall be numbered in a permanent form with a
number corresponding to the number entered in the register required
to be kept by the provisions of by-law 4. and every monument, head
stone or tablet, and any railing or enclosure marking or enclosing
any grave, shall be firmly seated in the ground.





(4) No monument, headstone or tablet shall be so constructed
or shaped as to permit of the collection of water in or about it.

(5) No monument, headstone or tablet shall be removed or
altered, nor shall anything be added thereto, without the consent in
writing of the Council.

(6) Any monument, headstone or tablet, and any railing or
enclosure marking or enclosing any grave, which, by reason of
neglect or for any other reason, becomes dilapidated or in need of
repair may, at the discretion of the Council, be removed and dis-
posed of in such manner as it may think fit.

(7) For the purposes of this by-law, a headstone or tablet
containing any words, carvings or portraits other than-

(a) the name of the deceased;

(b) his place of birth;

(c) the dates of his birth and death;

(d) a portrait of the deceased; and

(e) the name of the family erecting the headstone or tablet,

shall be deemed to be a monument.

8A. (1) The Council may, subject to paragraphs (2), (3) and
(4), remove and dispose of-

(a)any grave covering which has after the commencement*
of the Public Cemeteries (New Territories) (Amendment)
Regulations 1979 been constructed over any grave opening
in a public cemetery in contravention of by-law 7A(I);

(b)any monument, headstone or tablet which has, after the
commencement of the said regulations, been erected upon
any grave in a public cemetery or altered or added to in
contravention of by-law 8(1), (IA), (3), (4) or (5).

(2) The power in paragraph (1) shall not be exercised by the
Council unless it has by notice in writing required the addressee of
the notice either to modify the grave covering, monument, head-
stone or tablet so that it conforms with these by-laws, or to remove
and dispose of the same, and the modification or removal has not
been carried out within such reasonable time as may be allowed
therefor in the notice.

(3) The addressee of a notice under paragraph (2) shall by the
next of kin named in the entry in the register, kept under by-law 4,
relating to any deceased person whose remains have been interred
in the grave upon which the grave covering, monument, headstone
or tablet has been constructed, erected or altered, and the said notice
shall be sent by post to the addressee at the address shown in the
register.





(4) The notice shall also be posted in some conspicuous place
on the grave covering, monument, headstone or tablet.

(5) Any person modifying, removing or disposing of a grave
covering, monument, headstone or tablet pursuant to a notice
under paragraph (2) shall carry out the work in accordance with
the directions, and subject to the supervision, of an officer of the
Regional Services Department.

(6) If no next of kin is named in the register referred to in
paragraph (3), the Council may exercise the power in paragraph (1)
without giving notice under paragraph (2).

9. Every monument, headstone, tablet, railing, fence, enclo-
sure, tree or shrub and every other commemorative article what-
soever, whether movable or immovable, which is placed at any grave
shall be there at the risk of the owner thereof, and the Government
shall not be liable for any loss or damage thereto arising from any
cause whatsoever.

10. No person shall, in any public cemetery-

(a)sell or let for hire, or expose for sale or letting for hire, any
article or thing without the consent of the Council;

(b)post, affix or distribute any handbill, card, circular or
advertisement of any kind whatsoever;

(c)hold, promote or take part in any meeting, other than a
meeting of a religious or commemorative nature relating to
the death of any person whose human remains have been
buried or otherwise disposed of in the cemetery;

(d)wilfully disturb or interfere with any funeral service or
procession or any religious or commemorative meeting;

(e)discharge any firearm, except in the proper performance of
a military funeral;

wilfully or carelessly deface, injure, soil or defile any wall
or fence in or enclosing the cemetery, or any part thereof,
or any grave, vault, urn, burial niche, barrier, railing, post,
seat, boundary stone, monument, headstone, tablet, orna-
ment, trees, shrub or ornamental plant;

(g)climb any wall or fence in or enclosing the cemetery, or any
part thereof, or any tree. barrier, railing, pole, monument,
headstone, tablet or ornament; or

(h) behave in a noisy or unseemly manner.

11. (1) The fees prescribed in the Second Schedule shall be
payable to the Council.

(2) No fee shall be payable in respect of the interment of a
pauper.





12. (1) Any person who contravenes any of the provisions
of by-law 10 shall be guilty of an offence and shall be liable on
summary conviction to a fine of$100.

(2)Any person who-

(a)fails to comply with any direction given by the Council
under the provisions of by-law 3(b);

(b)for the purpose of obtaining the permission of the Council
for the interment in a public cemetery of the human
remains of any person, makes any declaration or statement
which he knows, or has reason to believe, to be false in a
material particular;

(c)contravenes any of the provisions of by-law 7(1) or (2),
7A(I) or (2), 8(1), (IA) or (5) or 8A(5); or

(d)fails to comply with any conditions or restrictions imposed
by the Council under the provisions of by-law 7(2) or 8(1),

shall be guilty of an offence and shall be liable on summary
conviction to a fine of $1,00 . ;

13. Without prejudice to the provisions of any other enact-
ment relating to the prosecution of criminal offences and without
prejudice to the powers of the Attorney General in relation to the
prosecution of such offences, prosecutions for an offence under any
of the provisions of these by-laws may be brought in the name of
the Council.

FIRST SCHEDULE [by-law 4(1).]

REGISTER OF GRAVES

REGISTER OF INTERMENTS in the ....CEMETERY

EXHUMATION





SECOND SCHEDULE [by-law 11.]


SCAUE OF FEES
Item Matter in respect of which fee payable Fee
1. For the interment of any adult or any child of 12 years of age
or above in any public cemetery ......................................... 51,000.00

2. For the interment of any child below 12 years of age in any
public cemetery ......................................................... $ 520.00

3. For the allocation of a permanent urn grave space in any
public cemetery .......................................................... $1,550.00

SECOND SCHEDULE [by-law 11]

SCALE OF FEES


Item Matter in respect of which fee payable Fee
1.For the interment of any adult or any child of 12 years of age or above in
any public cemetery .................$1,150
2. For the interment of any child below 12 years of age in any public cemetery $ 680
3. For the allocation of a permanent urn grave space in any public cemetery $2,170
(L.N. 113189)
G.N.A. 69/60. L.N. 151/72. L.N. 280/77. L.N. 57/79. L.N. 50/81. L.N. 112/83. L.N. 67/85. 10 of 1986. L.N. 304/86. G.N.A.132/60. Citation. 10 of 1986, s. 32(2). Interpretation. 10 of 1986, s. 32(2). Allocations and lay-out of cemeteries. 10 of 1986, s. 32(2). Register of graves. 10 of 1986, s. 32(2). First schedule. L.N. 280/77. Certain permits or certificates to be delivered at time of interment. 10 of 1986, s. 32(2). (Cap. 174.) Times of burials. 10 of 1986, s. 32(2). Grave digging and construction of vaults, etc. L.N. 67/85. 10 of 1986, s. 32(2). Size of grave covering and restriction on interments. L.N. 57/79. 10 of 1986, s. 32(2). (Cap. 14.) Monuments and headstones, etc. 10 of 1986, s. 32(2). L.N. 57/79. L.N. 57/79. L.N. 151/72. Removal of grave coverings, monuments, headstones and tablets. L.N. 57/79. 10 of 1986, s. 32(2). (L.N. 57/79.) [*2.3.79.] L.N. 67/85. Government not liable for loss or damage to commemorative articles. Conduct and behaviour. L.N. 151/72. 10 of 1986, s. 32(2). Fees. 10 of 1986, s. 32(2). Second Schedule. L.N. 151/72. Offences and penalties. 10 of 1986, s. 32(2). L.N. 151/72. L.N. 57/79. L.N. 151/72. Name in which proceedings for offences may be brought. 10 of 1986, s. 32(2). L.N. 151/72. L.N. 280/77. L.N. 50/81. L.N. 112/83. L.N. 304/86.

Abstract

G.N.A. 69/60. L.N. 151/72. L.N. 280/77. L.N. 57/79. L.N. 50/81. L.N. 112/83. L.N. 67/85. 10 of 1986. L.N. 304/86. G.N.A.132/60. Citation. 10 of 1986, s. 32(2). Interpretation. 10 of 1986, s. 32(2). Allocations and lay-out of cemeteries. 10 of 1986, s. 32(2). Register of graves. 10 of 1986, s. 32(2). First schedule. L.N. 280/77. Certain permits or certificates to be delivered at time of interment. 10 of 1986, s. 32(2). (Cap. 174.) Times of burials. 10 of 1986, s. 32(2). Grave digging and construction of vaults, etc. L.N. 67/85. 10 of 1986, s. 32(2). Size of grave covering and restriction on interments. L.N. 57/79. 10 of 1986, s. 32(2). (Cap. 14.) Monuments and headstones, etc. 10 of 1986, s. 32(2). L.N. 57/79. L.N. 57/79. L.N. 151/72. Removal of grave coverings, monuments, headstones and tablets. L.N. 57/79. 10 of 1986, s. 32(2). (L.N. 57/79.) [*2.3.79.] L.N. 67/85. Government not liable for loss or damage to commemorative articles. Conduct and behaviour. L.N. 151/72. 10 of 1986, s. 32(2). Fees. 10 of 1986, s. 32(2). Second Schedule. L.N. 151/72. Offences and penalties. 10 of 1986, s. 32(2). L.N. 151/72. L.N. 57/79. L.N. 151/72. Name in which proceedings for offences may be brought. 10 of 1986, s. 32(2). L.N. 151/72. L.N. 280/77. L.N. 50/81. L.N. 112/83. L.N. 304/86.

Identifier

https://oelawhk.lib.hku.hk/items/show/2623

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

8
]]>
Tue, 23 Aug 2011 18:09:19 +0800
<![CDATA[PRIVATE MARKETS (REGIONAL COUNCIL) BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/2622

Title

PRIVATE MARKETS (REGIONAL COUNCIL) BY-LAWS

Description






PRIVATE MARKETS (REGIONAL COUNCIL) BY-LAWS

ARRANGEMENT OF BY-LAWS

By-law .................................... Page
PART I

PRELIMINARY

1. Citation................................ ... ... ... ... ... ... ... ... ... BI 2
2..........Application ....................... ... ... ... ... ... ... ... ... ... B1 2
3..........Interpretation .................. ... ... ... ... ... ... ... ... ... B1 2

PART II

REGISTRATION OF PRIVATE MARKETS AND REGULATION THEREOF GENERALLY

4. Registration of private markets ........ ... ... ... ... ... ... ... ... B1 2
5. Restriction on alteration of market building or stalls ... ... ... ... ... BI 3
6. Maintenance and repair of markets ......... ... ... ... ... ... ... ... B1 3
7. Stalls in private markets to be numbered and classified ... ... ... ... ... BI 3
8. Restrictions on sale of commodities in private markets ... ... ... ... ... B14
9. Annual account ......................... --- --- ... ... ... ... ... B14
10..................Copies of by-laws to be posted ... ... ... ... ... ... ... ... ... ... B14
11. Power of Council to prescribe hours during which private market to be closed to
public ............................... ... ... ... ... ... ... ... ... B14
12..................Cleanliness of private markets ... ... --- ... ... ... ... ... ... B15
13.......................Obstruction of private market by stalls ... ... ... ... ... ... ... ... B15
14...........................Hawking, etc. in private market prohibited --- ... ... ... ... ... ... B15
15..................................Hawkers not to deposit or store goods, etc. in private market ... ... ... B15
16..................................Restriction on cleaving of carcasses and plucking, etc. of poultry ... ... ... B15
17.......Refuse ........................... ... ... ... ... ... ... ... ... ... B15
18................................Restriction on transport of goods through private market ... ... ... ... B15
19..............Prohibition of begging .... ... ... ... ... ... ... ... ... ... ... ... B15
20.......Dogs ................................... ... ... ... ... ... ... ... B16
21..............Disorderly conduct ........ ... ... ... ... ... ... ... ... ... ... B16

PART III

LICENSING AND DUTIES OF STALLHOLDERS

22................Licensing of stallholders ... ... ... ... ... ... ... ---. ... ... ... B1 6
23. Stall cards B16
24. Register of employees of licensed stallholder ... ... ... ... ... ... ... ... B16
25. Cleanliness of stalls ... ... ... ... ... ... ... ... ... ... ... ... ... B16
E

26. Goods, etc. not to be deposited or stored outside stall ... ... . ... ... ... B17

PARTIV

OFFENCES AND PENALTIES

27. Offences and penalties ... ... ... ... ... ... ... ... ... ... ... ... ... B17
28. Name in which proceedings for offences may be brought ... ... ... ... ... B17





PRIVATE MARKETS (REGIONAL COUNCIL) BY-LAWS

(Cap. 132, section 80)

[1 July 1963.1

PART 1

PRELIMINARY

1. These by-laws may be cited as the Private Markets
(Regional Council) By-laws.

2. These by-laws apply to the Regional Council area only.

3. In these by-laws, unless the context otherwise requires-

'commodity' includes live stock;

'Council' means the Regional Council;

1icensed stallholder' means a person licensed under by-law 22 to
carry on business from a stall in a private market;

,,owner', in relation to a private market, means the person by whom
the market place is operated;

'private market' includes any building, shop, stall, shed, pen,
or standing and any drainage or latrine accommodation
appurtenant thereto, which comprise or form part of the
market place;

',stall' includes any pen or cage.

PART II

REGISTRATION OF PRIVATE MARKETS AND
REGULATION THEREOF GENERALLY

4. (1) No private market shall be carried on unless it is
registered by the Council.

(2) No private market shall be registered by the Council
unless-

(a)plans of the market place, including plans of all buildings,
stalls, sheds, pens, storerooms, latrine accommodation and
drainage works appurtenant to the market place have been
approved by the Council; and

(b) at the time of registration such plans are accurate.





(3) Notwithstanding anything contained in paragraph (2), the
Council may refuse to register any private market if it considers
the registration thereof not to be in the public interest.

(4) For the purposes of first registration of any private market,
the application therefor shall be submitted to the Council accom-
panied by 2 copies of the plans referred to in paragraph (2).

(5) Every plan, or any modification thereof, submitted to the
Council for the purposes of an application for the registration of
a private market shall, when it is approved by the Council, be
endorsed to that effect, and one copy thereof shall be returned to
the applicant.

(6) Every registration of a private market shall be renewable
annually on 1 July.

(7) The registration or the renewal of the registration of a
private market shall be subject to the payment in advance to the
Council of a fee calculated at the rate of $10 per stall (whether or not
any stall is occupied) up to a maximum fee of $1,000:

Provided that, where a private market is first registered in the
second half of any year of registration, the fee payable in respect of
the grant of registration shall be one-half of the fee prescribed.

5. No alteration or addition shall be made to any private
market or to any structure, or stall or any latrine or drainage
works comprising any part of the market place otherwise than in
accordance with plans approved by the Council.

6. (1) If in the opinion of the Council any part of a private
market is in such a state by reason of dilapidation or lack of repair
as to be unfit or unsuitable for the purpose of a private market,
the Council, by notice served upon the owner of such market, may
require him within such period, not being less than 30 days after the
service of the notice, as shall be specified in the notice, to remedy
such dilapidation or carry out such repairs to the satisfaction of the
Council as shall be specified in the notice.

(2) If the owner of a private market fails to comply with the
requirements of any notice served upon him in accordance with the
provisions of paragraph (1), the Council may enter upon the
premises in which the market is carried on and may carry out or
cause to be carried out all such work as may be necessary for
compliance with the notice and may recover the cost thereof from
the owner of the market. ---

7. (1) Before first registration of any private market, the
owner thereof shall allot a consecutive number to each stall, which
shall be clearly indicated thereon in permanent form, and shall
inform the Council of the nature of the commodities which will be
sold therefrom.





(2) The Council may by notice served upon the owner of any
private market, either before first registration or at any time there-
after, prohibit the sale of any specified commodity from any stall
at which any other specified commodity is sold, and a copy of
such notice shall be kept posted by the owner of the market in a
conspicuous place in the market during the currency of such notice.

(3) Any owner of a private market who fails to post a copy of
any notice served upon him in accordance with paragraph (2) and
any person who after the posting of such copy fails to comply with
the terms thereof shall be guilty of an offence.

8. (1) No commodity other than fresh meat, fresh fish,
poultry, fresh vegetables or fruit or such other commodity as the
Council may from time to time permit, either generally or in any
particular case, shall be sold in a private market.

(2) No commodity shall be sold in a private market otherwise
than from a stall in that part of the market place set aside by the
Council as the part in which such commodity may be sold.

(3) No commodity shall be sold in a private market otherwise
than by retail.

9. (1) The owner of every private market shall cause to be
prepared for every period of 12 months ending on 31 March in each
year an income and expenditure account, which shall be delivered,
not later than 14 April next following the end of the period covered
by the account, to the Council for inspection and return.

(2) Every account referred to in paragraph (1) shall be in
such form as the Council may require, either generally or in any
particular case, and, immediately after the return thereof by the
Council the owner of the market to which such account relates shall
cause the account, together with any report by the Council thereon,
to be posted in a conspicuous place in the market place and there
to remain posted for not less than 7 consecutive days.

10. The owner of any private market shall cause one copy of
these by-laws in the English language and one copy thereof in the
Chinese language to be kept posted at all times in a conspicuous
position in every private market place.

11. (1) The Council may prescribe the hours during which a
private market shall be closed to the public.

(2) Where the Council has prescribed the hours during which a
private market shall be closed to the public, it shall cause a notice
specifying such hours to be posted in a conspicuous position in the
market place.





(3) Save with the permission in writing of the Council, no
person shall be in a private market during the hours prescribed by
the Council as the hours during which the market shall be closed to
the public.

12. (1) Every private market shall at all times be maintained
by the owner thereof in a clean and sanitary condition.

(2) If at any time the Council is of the opinion that a private
market is not in a clean and sanitary condition it may, after serving
upon the owner thereof 24 hours' notice of intention, carry out, or
cause to be carried out, such work as may be necessary to render the
market clean and sanitary and, for that purpose, may, by notice in
writing served on any licensed stallholder of such market, require
him, at a time to be specified in the notice, to remove from his stall
all articles of what kind so ever during such time as may be required
to cleanse the stall and such part of the market as is adjacent thereto.

(3) Any expenses incurred by the carrying out under para-
graph (2) of any work may be recovered by the Council from the
owner of the market.

13. No person shall erect any structure or place any article or
vehicle in a private market so as to cause thereby obstruction in any
passageway or open space therein intended for access by the public.

14. No person shall hawk or cry for sale in a private market
any goods or wares whatsoever.

15. No hawker shall deposit or store in a private market any
goods or wares or other articles whatsoever.

16. (1) No person in a private market shall cleave a carcass,
or any part of a carcass, except upon a cleaving block, a chopping
board or hooks provided for the purpose.

(2) No person in a private market shall kill, bleed, pluck, scald
or clean any poultry or game otherwise than in a place approved for
that purpose by the Council.

17. No person shall throw or deposit any filth or refuse of any
kind whatsoever in any passageway, surface channel or thorough-
fare in a private market.

18. No person shall transport through a private market any
goods or wares intended for sale elsewhere than in the market.

19. No person in a private market shall beg or gather alms or,
for the purpose of gathering alms, expose or exhibit any sores,
wounds or bodily ailment or deformity.





20. No person shall cause or suffer any dog that belongs to
him or is in his charge to enter or remain in a private market.

21. No person in a private market shall behave in a disorderly
manner.

PART III

LICENSING AND DUTIES OF STALLHOLDERS

22. (1) Save under and in accordance with a licence granted
by the Council, no person shall carry on business from a stall of a
private market.

(2) Every such licence shall be renewable annually on 1 July.

(3) The grant or renewal of such a licence shall be subject to
the payment in advance to the Council of a fee of $5:

Provided that, where the licence is issued in the second half of
any year of licence, the fee payable in respect of the grant thereof
shall be one-half of the fee prescribed.

(4) Where the Council is satisfied that any such licence has
been lost or destroyed, it may upon payment of a fee of $1 issue a
duplicate thereof.

(5) If it appears to the Council that no or no appreciable
business has been carried on from any stall for a period of 30 con-
secutive days, the Council may in its discretion, after serving upon
the licensee of such stall 7 days' notice in writing of its intention,
cancel the licence therefor.

23. (1) A licensed stallholder shall at all times keep posted in
a conspicuous position on his stall a stall card to be issued by the
Council to the stallholder upon application therefor.

(2) Every application to the Council for a stall card shall be
accompanied by 2 photographs of the licensed stallholder.

24. (1) A licensed stallholder shall at all times keep at his stall
a register in a form to be prescribed by the Council containing the
name and a photograph of each person for the time being employed
by him at the stall.

(2) Every such register shall at all times be kept up to date and
shall be produced for inspection upon demand by any police officer
or health officer or officers of the Regional Services Department.

25. Every licensed stallholder shall at all times keep his stall in
a clean and sanitary condition and shall provide and use thereat a
dustbin of a type approved by the Council.





26. No licensed stallholder shall deposit or store any of his
goods or wares or any other article belonging to him in any part of
the market outside his stall or permit or suffer any of his goods or
wares or any such other article to be so placed or stored or to
project outside his stall.

PART IV

OFFENCES AND PENALTIES

27. (1) In the event of a contravention of by-law 4(1) or 5, the
person by whom the private market is being carried on and any
person taking any part in the management thereof shall be guilty
of an offence and shall be liable on summary conviction to a fine of
$2,000 and to imprisonment for 3 months and shall be liable in
addition to a fine of $100 for each day during which it is proved to
the satisfaction of the 8Ah that the offence has continued.

(2) Any person who contravenes by-law 22(1) shall be guilty of
an offence and shall be liable on summary conviction to a fine of
and to imprisonment for 3 months and shall be liable in
addition to a fine of $100 for each day during which it is proved
to the satisfaction of the jotrt that the offence has continued.

(3) In the event of a contravention of by-law 7, 9, 10, 12(1) or
13 the owner of the private market and any person taking any part
in the management thereof shall be guilty of an offence and shall be
liable on summary conviction to a fine of $2,990.

(4) Any licensed stallholder who contravenes by-law 8, 23(1),
25 or 26 shall be guilty of an offence and shall be liable on summary
conviction to a fine of

(5) Any person who-

(a)contravenes by-law 11(3), 14, 15, 16, 17, 18, 19, 20,
21 or 24; or

(b)fails to comply with a requirement made by the Council
under by-law 12(2),

shall be guilty of an offence and shall be liable on summary
conviction to a fine of$500.

28. Without prejudice to the provisions of any enactment
relating to the prosecution of criminal offences and without
prejudice to the powers of the Attorney General in relation to the
prosecution of such offences, prosecutions for an offence under these
by-laws may be brought in the name of the Council.
L.N. 70/63. L.N. 67/85. 10 of 1986. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. 10 of 1986, s. 32(2). Registration of private markets. 10 of 1986, s. 32(2). Restriction on alteration of market building or stalls. 10 of 1986, s. 32(2). Stalls in private markets to be numbered and classified. 10 of 1986, s. 32(2). Restriction on sale of commodities in private markets. 10 of 1986, s. 32(2). Annual account. 10 of 1986, s. 32(2). Copies of by-laws to be posted. 10 of 1986, s. 32(2). Power of Council to prescribe hours during which private market to be closed to public. 10 of 1986, s. 32(2). Cleanliness of private markets. 10 of 1986, s. 32(2). Obstruction of private market by stalls. Hawking, etc. in private market prohibited. Hawkers not to deposit or store goods, etc. in private market. Restriction on cleaving of carcasses and plucking, etc. of poultry. 10 of 1986, s. 32(2). Refuse. Restriction on transport of goods through private market. Prohibition of begging. Dogs. Disorderly conduct. Licensing of stallholders. 10 of 1986, s. 32(2). Stall cards. 10 of 1986, s. 32(2). Register of employees of licensed stallholder. 10 of 1986, s. 32(2). Cleanliness of stalls. 10 of 1986, s. 32(2). Goods, etc. not to be deposited or stored outside stall. Offences and penalties. 10 of 1986, s. 32(2). Name in which proceedings for offences may be brought. 10 of 1986, s. 32(2).

Abstract

L.N. 70/63. L.N. 67/85. 10 of 1986. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. 10 of 1986, s. 32(2). Registration of private markets. 10 of 1986, s. 32(2). Restriction on alteration of market building or stalls. 10 of 1986, s. 32(2). Stalls in private markets to be numbered and classified. 10 of 1986, s. 32(2). Restriction on sale of commodities in private markets. 10 of 1986, s. 32(2). Annual account. 10 of 1986, s. 32(2). Copies of by-laws to be posted. 10 of 1986, s. 32(2). Power of Council to prescribe hours during which private market to be closed to public. 10 of 1986, s. 32(2). Cleanliness of private markets. 10 of 1986, s. 32(2). Obstruction of private market by stalls. Hawking, etc. in private market prohibited. Hawkers not to deposit or store goods, etc. in private market. Restriction on cleaving of carcasses and plucking, etc. of poultry. 10 of 1986, s. 32(2). Refuse. Restriction on transport of goods through private market. Prohibition of begging. Dogs. Disorderly conduct. Licensing of stallholders. 10 of 1986, s. 32(2). Stall cards. 10 of 1986, s. 32(2). Register of employees of licensed stallholder. 10 of 1986, s. 32(2). Cleanliness of stalls. 10 of 1986, s. 32(2). Goods, etc. not to be deposited or stored outside stall. Offences and penalties. 10 of 1986, s. 32(2). Name in which proceedings for offences may be brought. 10 of 1986, s. 32(2).

Identifier

https://oelawhk.lib.hku.hk/items/show/2622

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

7
]]>
Tue, 23 Aug 2011 18:09:19 +0800
<![CDATA[PRIVATE CEMETERIES (URBAN COUNCIL) BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/2621

Title

PRIVATE CEMETERIES (URBAN COUNCIL) BY-LAWS

Description






PRIVATE CEMETERIES (URBAN COUNCIL) BY-LAWS

ARRANGEMENT OF BY-LAWS

By-law Page

1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... BH 2
2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... BH 2
3. Management ... ... ... ... ... ... ... ... ... ... ... ... ... ...--- BH 2
4. Building work subject to consent of Council ... ... ... ... ... ... ... ... BH 2
5. Register of burials ... ... ... ... ... ... ... ... ... ... ... ... ... BH 3
6. Allocation and size of grave spaces ... ... ... ... ... ... ... ... ... ... BH 3
7. Certain permits or certificates to be produced at time of interment ... ... ... BH 4
8. Numbering of graves, etc . ... ... ... ... ... ... ... ... ... ... ... ... BH 4
9. Manner of burial ... ... ... ... ... ... ... ... ... ... ... ... ... ... BH 4
10. Re-opening of graves ... ... ... ... ... ... ... ... ... ... ... ... ... BH 5
11. Burial in vaults ... ... ... ... ... ... ... ... ... ... ... ... ... ... BH 5
12. Scattering of ashes after cremation ... ... ... ... ... ... ... ... ... ... BH 5
13. Offences and penalties ... ... ... ... ... ... ... ... ... ... ... ... BH 5
14. Name in which proceedings for ofrences may be brought ... ... ... ... BH 6
15. Fees ... ... ... ... ... ... ... ... ... ... ... ... ... ... BH 6

Schedule. Particulars to be recorded in register ... ... ... ... ... ... ... ... ... BH 7





PRIVATE CEMETERIES (URBAN COUNCIL) BY-LAWS

(Cap. 132, section 116)

[23 December 1960.1

1. These by-laws may be cited as the Private Cemeteries
(Urban Council) By-laws.

2. In these by-laws, unless the context otherwise requires-

'building works' includes any kind of building construction, site
formation, repairs, demolition, alteration, addition and every
kind of building operation, and includes drainage works;

'Council' means the Urban Council;

'Director' means the Director of Urban Services;

'private cemetery' means any cemetery specified in Part 11 of the
Fifth Schedule to the Ordinance.

3. (1) The person entitled to the possession of any private
cemetery shall appoint some person, not being a corporation, to be
the manager thereof, and shall register with the Council the name
and address of the person who is, for the time being, so appointed.

(2) In the event of any change in the address of the person who
is so appointed, the person entitled to the possession of the cemetery
shall, within 14 days of such change, notify the Council thereof.

(3) The manager so appointed shall-

(a)maintain the cemetery at all times in a clean and tidy
condition;

(b) prevent the accumulation in the cemetery of any water
likely to contain larvae or pupae of mosquitoes; and

(e)submit to the Council rules providing for the management
and control of the cemetery.

(4) The Council may approve the rules with or without
modifications.

4. (1) No building works shall be carried out in a private
cemetery without the consent in writing of the Council.

(2) The Council may require the manager of a private cemetery
to carry out any work therein which it considers necessary for rea-
sons of public safety or health within such time as the Council
considers reasonable.

Note..These by-laws are deemed to have been made pursuant to section 116(1)(e)
of the Ordinance as amended by the Public Health and Urban Services
(Amendment) Ordinance 1969 as if that paragraph, as so amended, had been
in force when these by-laws were made-see Ordinance 48 of 1969, s. 16.





(3) Nothing in this by-law shall affect the provisions of the
Buildings Ordinance.

5. (1) The manager of every private cemetery shall maintain
a register in which shall be recorded, not later than 48 hours after the
reception into the cemetery of any human remains, the particulars
specified in the Schedule relating to the person whose human
remains have been received therein and to such remains, together
with the signature of the person in charge of the disposal thereof.

(2) Each month, not later than the 7th day thereof, the
manager of every private cemetery shall send to the Director a
duplicate copy of every entry recorded during the preceding month
in such register.

(3) The duplicate copy sent to the Director in accordance with
the provisions of paragraph (2) shall be open to inspection by any
member of the public on application to the Director.

(4) On 1 April 1973 and thereafter at the expiration of each
period of 3 months, the manager of a private cemetery shall forward
to the Council a return showing the number of grave spaces, vaults
and niches available for allocation.

6. (1) The manager of a private cemetery shall allocate a
grave space only for the immediate interment of human remains.

(2) If an interment does not take place within 1 month from
the date of allocation of the grave space, the manager shall cancel
the allocation and shall refund any fees which may have been paid
for the interment.

(3) Save as provided in paragraph (7), no interment shall take
place in an allocated grave space other than the interment for which
the grave space was allocated under paragraph (1).

(4) A grave for the interment of human remains, other than
those resulting from exhumation or ashes after cremation, shall not
exceed an area of 900 x 2 400 mm.

(5) A grave for the reburial of human remains after exhuma-
tion or for the interment of ashes after cremation shall not exceed an
area of 900 x 900 mm, except in any case to which section 121 of the
Ordinance applies.

(6) Not more than one grave space shall be allocated for the
interment of one set of human remains.

(7) Subject to the provisions of by-law 9(1), several interments
may be allowed in one grave on application by the person to whom a
grave space has been allocated.

(8) Paragraphs (4) and (5) shall not apply to a grave in a
grave space where the grave space was duly reserved or set aside
for a person prior to 1 January 1973 in accordance with any rules,





regulations or other document governing the management of the
cemetery and by a person duly authorized to so reserve or set aside
the grave space.

7. A person in charge of the disposal in a private cemetery of
the human remains of any person shall, in relation to such remains,
produce to the manager of the cemetery at the time when the
interment takes place-
(a)in the case of a first interment of the body of a person dying
in Hong Kong-
(i) a permit of a police officer issued under the provi-
sions of the proviso to section 16(1) of the Births and
Deaths Registration Ordinance;
(ii) a certificate of registration of death or of a coroner's
order issued under the provisions of section 17(1) of the
Births and Deaths Registration Ordinance; or
(iii) in the case of the body of a still-born child, a
certificate, declaration or coroner's order issued or made
under the provisions of section 18 of the Births and Deaths
Registration Ordinance; or
(b)in any other case, the permission in writing of the Council
authorizing the interment.

8. Every grave, vault, niche, ossuary or columbarium in a
private cemetery shall be marked in a permanent manner with a
distinguishing number or Chinese character, which shall correspond
with the number or character entered in the register kept in accord-
ance with the provisions of by-law 5(1).

9. (1) No person shall, in any private cemetery-
(a)cause any human remains to be buried in a grave in such a
manner that any part of the coffin, or the body if the same
is not encoffined, is at a depth of less than 900 mm below
the level of the ground adjoining the grave:
Provided that, where skeletal remains or ashes are
contained in an urn, a depth of 450 mm shall suffice;
(b)cause any human remains to be buried in a grave unless the
coffin, or the body if the same is not encoffined, is effec-
tually separated from any other coffin or body which is
already in the grave by means of a layer of earth not less
than 150 rmn in thickness; or

(c) cause any grave to be dug in such a manner as to leave-
(i) less than 300 mm; or
(ii) except in the case of a grave in a grave space
reserved or set aside before 1 January 1973, more than
450 mm,
interspace between any part of such grave and any other
grave.





(2) Save in so far as may be necessary in the course of
disposing of any human remains contained therein, no person shall,
in any private cemetery, leave any coffin or urn deposited on the
surface of the ground.

10. Where, in any private cemetery, any grave is re-opened for
the purpose of making another interment therein, no person shall
disturb any human remains interred therein or remove therefrom
any soil which is offensive.

11. (1) No person shall deposit any human remains in a vault
in a private cemetery unless such remains are encoffined:

Provided that skeletal remains or ashes after cremation may be
enclosed in an urn.

(2) Every person who deposits any human remains in a vault
shall, within 24 hours after the deposit in the vault of the coffin
containing such remains, cause the coffin to be wholly and per-
manently embedded in and covered with a layer of good cement
concrete, not less than 150 mm in thickness, or to be wholly and
permanently enclosed in a separate cell or receptacle which shall
be constructed of slate or stone flagging, not less than 50 mm in
thickness and properly jointed in cement, or of good brickwork in
cement and in such a manner as to prevent, so far as practicable,
the escape of any noxious gas from the interior of the cell or
receptacle.

(3) The provisions of paragraph (2) shall not apply to any
skeletal remains or ashes after cremation which are enclosed in
an urn.

12. Nothing in these by-laws shall be taken or construed to
prevent the scattering of ashes after cremation upon the surface of
the ground in any private cemetery.

13. (1) Any person who-

(a)for the purpose of obtaining the permission of the Council
for the interment in a private cemetery of the human
remains of any person, makes any declaration or statement
which he knows, or has reason to believe, to be false in a
material particular;

(b) contravenes any of the provisions of by-law 3(1), (2) or (3),
by-law 4(1) or (2), by-law 5(1), (2) or (4), by-law 6(1) to
(6), by-law 9 or 10, by-law 11 (1) or (2) or by-law 15(1),
(3) or (4), C

shall be guilty of an offence and shall b:e liable on summary
conviction to a fine of $1,000 and, where the offence is a continuing
offence, shall be liable in addition to a fine of for each day during
which it is proved to the satisfaction of the court that the offence has
continued.





(2) In the event of any contravention of the provisions of
by-law 8, the manager of the cemetery shall be guilty of an offence
and shall be liable on summary conviction to a fine of $1,000

14. Without prejudice to the provisions of any other enact-
ment relating to the prosecution of criminal offences and without
prejudice to the powers of the Attorney General in relation to the
prosecution of such offences, prosecutions for an offence under any
of the provisions of these by-laws may be brought in the name of the
Council.

15. (1) The manager of a private cemetery shall submit to the
Council a table of fees to be charged by the manager-

(a)for the interment of human remains in a grave or vault;
and

(b)for the deposit of human remains resulting from exhuma-
tion or ashes after cremation in a grave, vault, niche,
ossuary or columbarium.

(2) The Council may approve the table of fees with or without
modifications.

(3) The manager of a private cemetery shall cause to be
displayed at a prominent place in the office of the cemetery or at the
entrance to the cemetery the table of fees approved by the Council
under paragraph (2).

(4) Subject to paragraph (5), no fee, donation or other pay-
ment of any kind shall be solicited, demanded or accepted by, or on
behalf of, a person who is-

(a) a trustee of, or entitled to the possession of, or

(b) the manager of; or

(e) employed in or by,

a private cemetery, directly or indirectly in connexion with-
(i)the allocation of, or the interment of human remains in,
any grave space or vault;
(ii)the grant of an application under by-law 6(7) for interment
in a grave space;
(iii) the grant of permission to scatter ashes after cremation;
(iv)the deposit of any human remains after exhumation or
ashes after cremation in, or the provision for such purpose
of, any space, vault, niche, ossuary or columbarium,

in the private cemetery.

(5) Paragraph (4) shall not apply to a fee included in the table
of fees approved by the Council under paragraph (2) or to the salary
or wages paid to the manager or an employee of the private
cemetery.





SCHEDULE [by-law 5(1).]

PARTICULARS TO BE RECORDED IN REGISTER

1. Number in English or Chinese of grave, vault or urn (if any).
2. Manner of disposal of remains.
3. Date of disposal of remains.
4. Name of deceased.
5. Sex of deceased.
6. Age or approximate age of deceased.
7. Date of death.
8. Death registration number or burial order number.
9. Date of registration or date of order to bury.
10. Permanent address of deceased (abode).
11. Address at which death occurred.
12. Name and address of undertaker.
13. Name and address of next of kin of deceased.
14. By whom the ceremony was performed.
15. In the event of an exhumation-
(a) date;
(b) place of removal;
(e) file reference.
16. Remarks.
G.N.A. 155/60. L.N. 204/72. L.N. 80/76. L.N. 89/79. 10 of 1986. Citation. 10 of 1986, s. 32(2). Interpretation. L.N. 204/72. Management. L.N. 80/76. Building work subject to consent of Council. L.N. 204/72. (Cap. 123.) Register of burials. Schedule. L.N. 204/72. Allocation and size of grave spaces. L.N. 204/72. L.N. 80/76. L.N. 89/79. L.N. 80/76. Certain permits or certificates to be produced at time of interment. L.N. 204/72. 10 of 1986, s. 32(2). (Cap. 174.) Numbering of graves, etc. L.N. 80/76. Manner of burial. L.N. 89/79. L.N. 80/76. Re-opening of graves. Burial in vaults. L.N. 89/79. Scattering of ashes after cremation. Offences and penalties. L.N. 204/72. L.N. 80/76. L.N. 80/76. Name in which proceedings for offences may be brought. Fees. L.N. 204/72. L.N. 80/76. L.N. 204/72.

Abstract

G.N.A. 155/60. L.N. 204/72. L.N. 80/76. L.N. 89/79. 10 of 1986. Citation. 10 of 1986, s. 32(2). Interpretation. L.N. 204/72. Management. L.N. 80/76. Building work subject to consent of Council. L.N. 204/72. (Cap. 123.) Register of burials. Schedule. L.N. 204/72. Allocation and size of grave spaces. L.N. 204/72. L.N. 80/76. L.N. 89/79. L.N. 80/76. Certain permits or certificates to be produced at time of interment. L.N. 204/72. 10 of 1986, s. 32(2). (Cap. 174.) Numbering of graves, etc. L.N. 80/76. Manner of burial. L.N. 89/79. L.N. 80/76. Re-opening of graves. Burial in vaults. L.N. 89/79. Scattering of ashes after cremation. Offences and penalties. L.N. 204/72. L.N. 80/76. L.N. 80/76. Name in which proceedings for offences may be brought. Fees. L.N. 204/72. L.N. 80/76. L.N. 204/72.

Identifier

https://oelawhk.lib.hku.hk/items/show/2621

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

7
]]>
Tue, 23 Aug 2011 18:09:18 +0800
<![CDATA[PRIVATE CEMETERIES (REGIONAL COUNCIL) BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/2620

Title

PRIVATE CEMETERIES (REGIONAL COUNCIL) BY-LAWS

Description






PRIVATE CEMETERIES (REGIONAL COUNCIL) BY-LAWS

ARRANGEMENT OF BY-LAWS

By-law Page

1. Citation .............................. ... ... ... ... ... ... ... BG 2
2. Interpretation ........................ ... ... ... ... ... ... ... ... BG 2
3. Management ............................ ... ... ... ... ... ... ... BG2
4. Building work subject to consent of Council ... ... ... ... ... ... RG 2
5. Register of burials ...................... ... ... ... ... ... ... ... BG 3
6. Allocation and size of grave spaces ......... ... ... ... ... .1. BG 3
7. Certain permits or certificates to be produced at time of interment ... ... BG 4
8. Numbering of graves, etc. ............. ... ... ... ... ... ... ... BG 4
9. Manner of burial ....................... ... ... ... ... ... ... ... RG 4
10. Re-opening of graves ..................... ... ... ... ... ... ... ... BG 5
11. Burial in vaults ....................... ... ... ... ... ... ... ... ... RG 5
12. Scattering of ashes after cremation .... ... ... ... ... ... ... ... BG 5
13. Offences and penalties ...................... ... ... ... ... ... ... BG 5
14. Name in which proceedings for offences may be brought ... ... ... ... BG 6
is. Fees ................................... ... ... ... ... ... ... ... BG 6

Schedule. Particulars to be recorded in register ... ... ... ... ... ... ... ... ... RG 7





PRIVATE CEMETERIES (REGIONAL COUNCIL) BY-LAWS

(Cap. 132, section 116)

[11 November 1960.1

1. These by-laws may be cited as the Private Cemeteries
(Regional Council) By-laws.

2. In these by-laws, unless the context otherwise requires-

'building works' includes any kind of building construction, site
formation, repairs, demolition, alteration, addition and every
kind of building operation, and includes drainage works;

'Council' means the Regional Council;

'private cemetery' means any cemetery specified in Part IV of the
Fifth Schedule to the Ordinance.

3. (1) The person entitled to the possession of any private
cemetery shall appoint some person, not being a corporation, to be
the manager thereof, and shall register with the Council the name
and address of the person who is, for the time being, so appointed.

(2) In the event of any change in the address of the person who
is so appointed, the person entitled to the possession of the cemetery
shall, within 14 days of such change, notify the Council thereof.

(3) The manager so appointed shall-

(a)maintain the cemetery at all times in a clean and tidy
condition;

(b) prevent the accumulation in the cemetery of any water
likely to contain larvae or pupae of mosquitoes; and

(e)submit to the Council rules providing for the management
and control of the cemetery.

(4) The Council may approve the rules with or without
modifications.

4. (1) No building works shall be carried out in a private
cemetery without the consent in writing of the Council.

(2) The Council may require the manager of a private cemet-
ery to carry out any work therein which it considers necessary for
reasons of public safety or health within such time as the Council
considers reasonable.

(3) Nothing in this by-law shall affect the provisions of the
Buildings Ordinance.





5. (1) The manager of every private cemetery shall maintain
a register in which shall be recorded, not later than 48 hours after the
reception into the cemetery of any human remains, the particulars
specified in the Schedule relating to the person whose human
remains have been received therein and to such remains, together
with the signature of the person in charge of the disposal thereof.

(2) Each month, not later than the 7th day thereof, the
manager of every private cemetery shall send to the Council a
duplicate copy of every entry recorded during the preceding month
in such register.

(3) The duplicate copy sent to the Council in accordance with
the provisions of paragraph (2) shall be open to inspection by any
member of the public on application to the Council.

(4) On 1 April 1973 and thereafter at the expiration of each
period of 3 months, the manager of a private cemetery shall forward
to the Council a return showing the number of grave spaces, vaults
and niches available for allocation.

6. (1) The manager of a private cemetery shall allocate a
grave space only for the immediate interment of human remains.

(2) If an interment does not take place within 1 month from
the date of allocation of the grave space, the manager shall cancel
the allocation and shall refund any fees which may have been paid
for the interment.

(3) Save as provided in paragraph (7), no interment shall take
place in an allocated grave space other than the interment for which
the grave space was allocated under paragraph (1).

(4) A grave for the interment of human remains other than
those resulting from exhumation or ashes after cremation, shall not
exceed an area of 900 x 2 400 mm.

(5) A grave for the reburial of human remains after exhuma-
tion or for the interment of ashes after cremation shall not exceed an
area of 900 x 900 mm, except in any case to which section 121 of the
Ordinance applies.

(6) Not more than one grave space shall be allocated for the
interment of one set of human remains.

(7) Subject to the provisions of by-law 9, several interments
may be allowed in one grave on application by the person to whom
a grave space has been allocated.

(8) Paragraphs (4) and (5) shall not apply to a grave in a grave
space where the grave space was duly reserved or set aside for a
person prior to 1 January 1973 in accordance with any rules,
regulations or other document governing the management of the
cemetery and by a person duly authorized to so reserve or set aside
the grave space.





7. A person in charge of the disposal in a private cemetery of
the human remains of any person shall, in relation to such remains,
produce to the manager of the cemetery at the time when the
interment takes place-

(a)in the case of a first interment of the body of a person dying
in Hong Kong-
(i) a permit of a police officer issued under the pro-
visions of the proviso to section 16(1) of the Births and
Deaths Registration Ordinance;
(ii) a certificate of registration of death or of a coroner's
order issued under the provisions of section 17(1) of the
Births and Deaths Registration Ordinance; or
(iii) in the case of the body of a still-born child, a
certificate, declaration or coroner's order issued or made
under the provisions of section 18 of the Births and Deaths
Registration Ordinance; or

(b)in any other case, the permission in writing of the Council
authorizing the interment.

8. Every grave, vault, niche, ossuary or columbarium in a
private cemetery shall be marked in a permanent manner with a
distinguishing number or Chinese character, which shall correspond
with the number or character entered in the register kept in accord-
ance with the provisions of by-law 5(1).

9. No person shall, in any private cemetery-

(a)cause any human remains to be buried in a grave in such a
manner that any part of the coffin, or the body if the same
is not encoffined, is at a depth of less than 900 mm below
the level of the ground adjoining the grave:

Provided that, where skeletal remains or ashes are
contained in an urn, a depth of 450 mm shall suffice;

(b)cause any human remains to be buried in a grave unless the
coffin, or the body if the same is not encoffined, is effec-
tually separated from any other coffin or body which is
already in the grave by means of a layer of earth not less
than 150 mm. in thickness; or

(e) cause any grave to be dug in such a manner as to leave-
(i) less than 300 mm; or
(ii) except in the case of a grave in a grave space
reserved or set aside before 1 January 1973, more than
450 mm,
interspace between any part of such grave and any other
grave.





10. Where, in any private cemetery, any grave is re-opened for
the purpose of making another interment therein, no person shall
disburb any human remains interred therein or remove therefrom
any soil which is offensive.

11. (1) No person shall deposit any human remains in a vault
in a private cemetery unless such remains are encoffined:

Provided that skeletal remains or ashes after cremation may be
enclosed in an urn.

(2) Every person who deposits any human remains in a vault
shall, within 24 hours after the deposit in the vault of the coffin
containing such remains, cause the coffin to be wholly and per-
manently embedded in and covered with a layer of good cement
concrete, not less than 150 mm in thickness, or to be wholly and
permanently enclosed in a separate cell or receptacle which is
constructed of slate or stone flagging, not less than 50 nun in
thickness and properly jointed in cement, or of good brickwork in
cement and in such a manner as to prevent, so far as practicable, the
escape of any noxious gas from the interior of the cell or receptacle.

(3) The provisions of paragraph (2) shall not apply to any
skeletal remains or ashes after cremation which are enclosed in an
urn.

12. Nothing in these by-laws shall be taken or construed to
prevent the scattering of ashes after cremation upon the surface of
the ground in any private cemetery.

13. (1) Any person who-

(a)for the purpose of obtaining the permission of the Council
for the interment in a private cemetery of the human
remains of any person, makes any declaration or statement
which he knows, or has reason to believe, to be false in a
material particular;

(b)contravenes any of the provisions of by-law 3(1), (2) or
(3), by-law 4(1) or (2), by-law 5(1), (2) or (4), by-law 6(1)
to (6), by-law 9 or 10, by-law 11 (1) or (2) or by-law 15(1),

(3) or (4),
shall be guilty of offence and shall be liable on summary conviction to a
fine of $1,000 and where the offence is a continuing offence shall be
liable in addition to a fine of $20 for each day during
which it is proved to the satisfaction of the court that the offence has
continued.

(2) In the event of any contravention of the provision of
by-law 8, the manager of the cemetery shall be guilty of an offence
and shall be liable on summary conviction to a fine of $1,000





14. Without prejudice to the provisions of any other enact-
ment relating to the prosecution of criminal offence and without
prejudice to the powers of the Attorney General in relation to the
prosecution of such offences, prosecutions for an offence under any
of the provisions of these by-laws may be brought in the name of
the Council.

15. (1) The manager of a private cemetery shall submit to the
Council a table of fees to be charged by the manager-

(a)for the interment of human remains in a grave or vault;
and

(b)for the deposit of human remains resulting from exhuma-
tion or ashes after cremation in a grave, vault, niche,
ossuary or columbarium.

(2) The Council may approve the table of fees with or without
modifications.

(3) The manager of a private cemetery shall cause to be
displayed at a prominent place in the office of the cemetery or at the
entrance to the cemetery the table of fees approved by the Council
under paragraph (2).

(4) Subject to paragraph (5), no fee, donation or other pay-
ment of any kind shall be solicited, demanded or accepted by, or on
behalf of, a person who is-

(a) a trustee of, or entitled to the possession of, or

(b) the manager of; or

(e) employed in or by,

a private cemetery, directly or indirectly in connexion with-

(i) the allocation of, or the interment of human remains in,
any grave space or vault;

(ii) the grant of an application under by-law 6(7) for interment
in a grave space;

(iii) the grant of permission to scatter ashes after cremation;

(iv)the deposit of any human remains after exhumation or
ashes after cremation in, or the provision for such purpose
of, any space, vault, niche, ossuary or columbarium,

in the private cemetery.

(5) Paragraph (4) shall not apply to a fee included in the
table of fees approved by the Council under paragraph (2) or to
the salary or wages paid to the manager or an employee of the
private cemetery.





SCHEDULE [by-law 5(1).]

PARTICULARS TO BE RECORDED IN REGISTER

1. Number in English or Chinese of grave, vault or urn (if any).
2. Manner of disposal of remains.
3. Date of disposal of remains.
4. Name of deceased.
5. Sex of deceased.
6. Age or approximate age of deceased.
7. Date of death.
8. Death registration number or burial order number.
9. Date of registration or date of order to bury.
10. Permanent address of deceased (abode).
11. Address at which death occurred.
12. Name and address of undertaker.
13. Name and address of next of kin-if known.
14. By whom the ceremony was performed.
15. In the event of an exhumation-
(a) date;
(b) place of removal;
(c) file reference.
16. Remarks.
G.N.A. 70/60. L.N. 150/72. L.N. 255/75. L.N. 89/79. L.N. 67/85. 10 of 1986. G.N.A. 132/60. Citation. 10 of 1986, s. 32(2). Interpretation. 10 of 1986, s. 32(2). L.N. 150/72. Management. 10 of 1986, s. 32(2). L.N. 255/75. Building work subject to consent of Council. L.N. 150/72. 10 of 1986, s. 32(2). (Cap. 123.) Register of burials. 10 of 1986, s. 32(2). Schedule. L.N. 150/72. Allocation and size of grave spaces. L.N. 150/72. L.N. 255/75. L.N. 89/79. L.N.89/79. 10 of 1986, s. 32(2). Certain permits or certificates to be produced at time of interment. L.N. 150/72. 10 of 1986, s. 32(2). (Cap. 174.) Numbering of graves, etc. L.N. 255/75. 10 of 1986, s. 32(2). Manner of burial. L.N. 89/79. L.N. 255/75. Re-opening of graves. Burial in vaults. L.N. 89/79. Scattering of ashes after cremation. 10 of 1986, s. 32(2). Offences and penalties. L.N. 150/72. L.N. 255/75. 10 of 1986, s. 32(2). Name in which proceedings for offences may be brought. 10 of 1986, s. 32(2). Fees. L.N. 150/72. L.N. 255/75. 10 of 1986, s. 32(2). L.N. 150/72.

Abstract

G.N.A. 70/60. L.N. 150/72. L.N. 255/75. L.N. 89/79. L.N. 67/85. 10 of 1986. G.N.A. 132/60. Citation. 10 of 1986, s. 32(2). Interpretation. 10 of 1986, s. 32(2). L.N. 150/72. Management. 10 of 1986, s. 32(2). L.N. 255/75. Building work subject to consent of Council. L.N. 150/72. 10 of 1986, s. 32(2). (Cap. 123.) Register of burials. 10 of 1986, s. 32(2). Schedule. L.N. 150/72. Allocation and size of grave spaces. L.N. 150/72. L.N. 255/75. L.N. 89/79. L.N.89/79. 10 of 1986, s. 32(2). Certain permits or certificates to be produced at time of interment. L.N. 150/72. 10 of 1986, s. 32(2). (Cap. 174.) Numbering of graves, etc. L.N. 255/75. 10 of 1986, s. 32(2). Manner of burial. L.N. 89/79. L.N. 255/75. Re-opening of graves. Burial in vaults. L.N. 89/79. Scattering of ashes after cremation. 10 of 1986, s. 32(2). Offences and penalties. L.N. 150/72. L.N. 255/75. 10 of 1986, s. 32(2). Name in which proceedings for offences may be brought. 10 of 1986, s. 32(2). Fees. L.N. 150/72. L.N. 255/75. 10 of 1986, s. 32(2). L.N. 150/72.

Identifier

https://oelawhk.lib.hku.hk/items/show/2620

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

7
]]>
Tue, 23 Aug 2011 18:09:17 +0800
<![CDATA[PRESERVATIVES IN FOOD REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2619

Title

PRESERVATIVES IN FOOD REGULATIONS

Description






PRESERVATIVES IN FOOD REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation Page

1. Citation... ... ... ... ... ... ... ... ... ... ... ... ... ... ... BF 2

2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... BF 2

3. Restrictions in relation to the sale, etc. of food containing preservative or
antioxidant ... ... ... ... ... ... ... ... ... ... ... ... ... ... BF 5
4. Food containing antioxidant not to be recommended for babies and young
children ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... BF 7

5. Sale, labelling and advertisement of preservatives and antioxidants ... ... ... BF 7

6. Labelling of food containing a preservative or antioxidant ... ... ... ... ... BF 8

7. Regulations not to apply to food etc. for re-export ... ... ... ... ... ... BF 8

8. Defences ... ... ... ... ... ... ... ... ... ... ... .. . ... ... ... BF 8
9. Offences and penalties... ... ... ... ... ... ... ... ... ... ... ... BF 9

10. Name in which proceedings for offences may be brought ... ... ... ... ... BF 9
11. Amendment of First Schedule ... ... ... ... ... ... ... ... ... ... ...BF 9
First Schedule ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... BF 9
Second Schedule ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... BF 18





PRESERVATIVES IN FOOD REGULATIONS

(Cap. 132, sections 55 and 143)

[2 February 1973.1

1. These regulations may be cited as the Preservatives in
Food Regulations.

2. (1) In these regulations unless the context otherwise
requires-

'antioxidant' means any substance which delays, retards or prevents
the development in food of rancidity or other flavour deteriora-
tion due to oxidation but does not include lecithin, ascorbic
acid, or its salts or esters, tocopherols, citric acid, tartaric acid,
phosphoric acid or any preservative the use of which is per-
mitted by these regulations;

'canned food' means food in a hermetically sealed container which
has been sufficiently heat processed to destroy and Clostridium
Botulinum in that food or container or which has a pH of less
than 4.5;

'catering business' includes the business or undertaking of an inn,
public house, hotel, restaurant, cafe, tea-shop, buffet, coffee-
stall or any place of refreshment open to the public, or of a club,
boarding house, apartment house, refreshment contractor,
school feeding centre, staff dining room or canteen;

'compounded food' means food containing 2 or more ingredients;

'container' includes any form of packaging of food for sale as a
single item, whether by way of wholly or partly enclosing the
food or by way of attaching the food to some other article, and
in particular includes a wrapper or confining band;

'dairy product' means any butter (other than butter for manu-
facturing purposes), milk, cream, condensed milk, evaporated
milk, dried milk or cheese;

'deterioration', in relation to food, means deterioration due to the
action of bacteria, yeasts or moulds;

'flavouring emulsion' me ans an emulsion of the selected flavouring
in a suitable liquid;

'flavouring syrup' means a solution of carbohydrate sweetening
matter containing sufficient distinctive flavouring to provide,
after dilution with milk or water, a drink with that distinctive
flavour;

'flour confectionery' includes cakes, bun loaves, cholas bread,
pastry (cooked or uncooked) and ready-made puddings (other
than canned puddings and Christmas puddings) but does not
include biscuits or any product containing a filling that has as
an ingredient any meat or fish;





'Truit juice' means the clean, sound undiluted juice of the fruit or
fruits from which it is obtained;

'importer' includes any person who, whether as owner, consignee,
agent or broker, is in possession of or entitled to the custody
or control of any article of food brought from a place outside
Hong Kong;

'jam' includes fruit jelly prepared in the way in which jam is
prepared, marmalade and jelly marmalade;

'permitted antioxidant' means any antioxidant specified in Column
2 of Part 11 of the First Schedule;

'permitted colouring matter' means any colouring matter inas-
much as its use is permitted by the Colouring Matter in Food
Regulations;

'permitted preservative' means any preservative specified in
Column 2 of Part 1 of the First Schedule or, subject to the
provisions of paragraph (3) of this regulation, a preservative
specified in Column 2 of Part 111 of the First Schedule;

'preservative' means any substance which is capable of inhibiting,
retarding or arresting the process of fermentation, acidification
or other deterioration of food or of masking any of the evidence
of putrefaction but does not include-
(a) any permitted antioxidant;

(b) any permitted colouring matter;

(c) common salt (sodium chloride);

(d) lecithin, sugars or tocopherols;

(e) nicotinic acid or its amide;

(f)vinegar or acetic acid, lactic acid, ascorbic acid, citric acid,
malic acid, phosphoric acid, polyphosphoric acid or tartaric
acid or the calcium, potassium or sodium salts of any of
the acids specified in this sub-paragraph;

(g)glycerol, alcohol or potable spirits, isopropyl alcohol,
propylene glycol, monoacetin, diacetin or triacetin;
(h) herbs or hop extract;

(i) spices or essential oils when used for flavouring purposes;

(j)any substance added to food by the process of curing
known as smoking;

(k)carbon dioxide, nitrogen or hydrogen when used in the
packing of food in hermetically sealed containers;
(1) nitrous oxide when used in the making of whipped cream;

pre-packed' means made up in advance ready for retail sale in or on
a container; and on any premises where food of any description
is so made up, or is kept or stored for sale after being so made up,
any food of that description found made up in or on a container
shall be deemed to be pre-packed unless the contrary is proved;





'preparation', in relation to food, includes manufacture and any
form of treatment; and 'preparation for sale' includes packag-
ing;

'retail sale' and 'sale by retail' mean respectively any sale to a
person buying otherwise than for the purpose of re-sale, but
does not include a sale to.a caterer for the purposes of his
catering business, or a sale to a manufacturer for the purposes
of his manufacturing business;

'.sell' includes offer or expose for sale or have in possession for sale;

,,soft drink' means any liquid suitable or intended for use, either
without or after dilution, as drink for human consumption; and
includes-

(a) any fruit juice drink, and any fruit squash, crush or cordial;

(b)soda-water, Indian or quinine tonic water, and any artifi-
cially carbonated water whether flavoured or unflavoured;

(c)ginger beer and any herbal or botanical beverage; but does
not include-
(i) water (except as aforesaid);
(ii) water from natural springs, either in its natural state
or with added mineral substances;
(iii) fruit juice, sweetened or unsweetened, whether
concentrated (or frozen) or not;
(iv) milk or any preparation of milk;
(v) tea, Chinese herb tea, coffee, dandelion coffee,
cocoa or chocolate or any preparation of tea, Chinese herb
tea, coffee, dandelion coffee, cocoa or chocolate;
(vi) any egg product;
(vii) any cereal product except-
(aa) flavoured barley-water and liquid products used
in the preparation of barley-water; and
(M) cereal products containing alcohol that are not
intoxicating liquor as defined in accordance with
Dutiable Commodities Ordinance;
(viii) meat, yeast or vegetable extracts, soup or soup
mixtures, or any similar products;
(ix) tomato or other vegetable juices, or any prepara-
tion of any such juice or juices;
(x) intoxicating liquor as defined in the Dutiable Com-
modities Ordinance;
(xi) any other unsweetened drink except soda-water.
For the purposes of this definition a product shall not be
deemed not to be a soft drink by reason only of the fact that it is
capable of being used as a medicine;

'specified food' means any food specified in Column 1 of Parts I
and 11 of the First Schedule;





',storage', in relation to food, means storage at, in or upon any
farm, dock, vehicle, warehouse, fumigation chamber, cold
store, or any barge or ship whilst, in either case, in the waters of
Hong Kong;

'sugar' means the product usuallyknown as sugar in commercial
usage, consisting principally or sucrose;

'sweetened' means containing any added sugar or other soluble
carbohydrate sweetening matter or added polyhydric alcohol or
any artificial sweetener inasmuch as its use is permitted by the
Food Adulteration (Artificial Sweeteners) Regulations; and

'unsweetened' shall be construed accordingly.

(2) For the purposes of these regulations, percentages and
parts per million shall be calculated by weight.

(3) Any preservative specified in Column 2 of Part III of the
First Schedule, if calculated as, may be used in place of, the
preservative specified in relation thereto in Column 1 of Part M of
that Schedule; and any reference in these regulations to any pre-
servative specified in Column 1 of Part III of that Schedule shall be
construed accordingly.

3. (1) No person shall import, manufacture for sale or sell
any article of food which contains any preservative or antioxidant:

Provided that-

(a)any specified food may contain the permitted preservative
of the description and in the proportion specified in rela-
tion thereto in Columns 2 and 3 respectively of Part 1 of
the First Schedule;

(b)any specified food and any food intended for use in the
preparation of a specified food (but excluding fruit and
fruit pulp containing sulphur dioxide and intended for
manufacturing purposes and any pre-packed food) may,
on importation into Hong Kong on a sale other than a
retail sale or on consignment or delivery pursuant to such
a sale, contain permitted preservative of a description
appropriate to the specified food in accordance with Parts 1
and 111 of the First Schedule in any proportion if the seller
gives to the importer on or before importation or to the
buyer on or before sale a document containing an accurate
statement of the description and the maximum quantity
of all such preservative present in the food in the form
specified in the rules set out in the Second Schedule;

(c)any specified food in relation to which 2 or more permitted
preservatives are specified in Part 1 of the First Schedule
may contain an admixture of those preservatives as
follows-





(i) in the case of bacon, ham, preserved pork, preserved
Chinese sausage or picklet meat, to the maximum quantity
of each such preservative appropriate thereto in accord-
ance with Part 1 of that Schedule;
(ii) in any other case, only if, when the quantity of each
such preservative present in that food is expressed as a
percentage of the maximum quantity of that preservative
appropriate to that food in accordance with Part I of that
Schedule, the sum of those percentages does not exceed
100;

(d)any food may contain, in any proportion not exceeding 5
parts per million, formaldehyde derived from any wet
strength wrapping containing any resin based on formalde-
hyde or from any plastic food container or utensil manu-
factured from any resin of which formaldehyde is a con-
densing component;

(e)the skin, but not the flesh, of a banana may contain
nystatin;

(f) cheese, clotted cream or any canned food may contain nisin;

(g)any food may contain nisin introduced in the preparation
of that food by the use of any cheese, clotted cream or
canned food containing nisin;

(h)this regulation shall not apply to any food containing any
preservative which is naturally present in that food;

(i)any specified food may have in it or on it the antioxidant
specified in relation thereto in Column 2 of Part 11 of the
First Schedule and in the amounts specified in relation
thereto in Column 3 of Part II of that Schedule;

(j)any food which contains as an added ingredient any
specified food, may contain antioxidant of the descrip-
tion specified for, and in the amount appropriate to the
quantity of, such specified food in accordance with para-
graph (1)(i);
(k)any food which contains milk fat by reason of the addition
as an ingredient of any dairy product, may contain anti-
oxidant of the description, and in the amount specified, in
accordance with Part 11 of the First Schedule, in relation to
a quantity of anhydrous fat equal by weight to that milk
fat.

(2) Nothing in this regulation shall prohibit the presence in
any compounded food of any permitted preservative introduced in
the preparation of that food by the use of one or more specified
foods (other than fruit any fruit pulp intended for manufacturing
purposes and any unfermented grape juice product intended for
sacramental use) if that permitted preservative-

(a)may under these regulations be present in any specified
food used in the compounded food; and





(b)is present in the compounded food in no greater propor~
tion, in relation to the quantity of the specified food used,
than the proportion specified in relation to that specified
food in Column 3 of Part 1 of the First Schedule:

Provided that-
(i)if the said specified food or foods may under these regula-
tions contain sulphur dioxide, the compounded food may
contain sulphur dioxide in a quantity not exceeding that
introduced by the use of any such specified food or 50 parts
per million, whichever is the greater;
(ii)the quantity of ortho-phenylphenol introduced in the pre-
paration of a compounded food by the use of any melon
shall not exceed 10 parts per million of the weight of the
melon so used.

4. No person shall-

(a)give with any food sold by him or display with any food for
sale any label, whether attached to or printed on the
container of that food or not; or

(b)publish, or be a party to the publication of any advertise-
ment for,any food; or

(c)use on, or in connexion with, the sale of food any descrip-
tion,

which bears or includes any words or description stating directly or
by implication that the food is intended mainly for babies and young
children, if the food to which the label, advertisement or description
relates has in it or on it any added antioxidant.

5. (1) No person shall sell any substance which is recom~
mended in any mark or label placed on its container for use as a
preservative or antioxidant in food unless that container bears a
label in accordance with the provisions of the Second Schedule.

(2) Where in accordance with the provisions of paragraph (1) a
container is required to bear such a label and such container is
wrapped in paper or any other wrapper through which the label on
the container is not clearly readable the outermost wrapper shall on
any exposure or offer for sale by retail bear a label as if it were the
container or receptacle to which paragraph (1) applies.

(3) No person shall sell or advertise for sale with a view to its
use in the preparation of food-

(a) any preservative other than a permitted preservative;

(b)any antioxidant other than the antioxidant specified in
Column 2 of Part 11 of the First Schedule;

(c)any premitted preservative or antioxidant specified in
Column 2 of Part 11 of the First Schedule in such a manner
as to be likely to lead to its use contrary to these regulations.





6. (1) Subject to the provisions of this regulation, no person
shall sell, consign or deliver any food mentioned in paragraph 1 of
the Second Schedule which contains any added preservative or
antioxidant specified in the First Schedule as permissible in the case
of such food except in a container bearing a label in accordance with
the provisions of the Second Schedule unless, in the case of a retail
sale, a notice written in English and Chinese languages to the effect
that the food contains preservative or antioxidant is exhibited in a
conspicuous place so as to be easily readable by a customer.

(2) Where in accordance with paragraph (1) a container is
required to bear such a label and such container is wrapped in paper
or any other wrapper through which the label on the container is not
clearly readable the outermost wrapper shall on any exposure or
offer for sale by retail bear a label as if it were the container to
which the paragraph applies.

(3) Nothing in this regulation shall apply as respects any sale
of any specified food for immediate consumption on or at the
premises of the seller or in or at any stall or mobile refreshment
vehicle.

7. The provisions of these regulations which prohibit any
preservative or antioxidant in articles of food and which require the
labelling of certain articles of food and of articles sold as preserva-
tives or antioxidants shall not apply in the case of any article which
has been imported into Hong Kong for the purpose of re-export or
manufactured in Hong Kong solely for the purpose of export.

8. (1) In any proceedings for an offence against these regula-
tions in relation to the publication of an advertisement, it shall be a
defence for the defendant to prove that, being a person whose
business it is to publish, or arrange for the publication of, advertise-
ments, he received the advertisement for publication in the ordinary
course of business.

(2) In any proceedings against the manufacturer or importer
for an offence against these regulations in relation to the publication
of an advertisement it shall rest on the defendant to prove that he
did not publish and was not a party to the publication of the
advertisement.

(3) In any proceedings for an offence against regulation 3 it
shall be a defence for the defendant to prove that the presence in any
food of any preservative other than a perinitted preservative or the
presence of a permitted preservative in any food other than a
specified food, is solely due to the use of that preservative in food
storage-

(a)as an acaricide, fungicide, insecticide, or rodenticide, for
the protection, in each case, of food whilst in storage; or

(b)as a sprout inhibitor or depressant, otherwise than in a
place where food is packed for retail sale.





9. Any person who contravenes any of the provisions of
regulation 3, 4, 5 or 6 shall be guilty of an offence and shall be liable
on summary conviction to a fine of 54 and to imprisonment for
6 months.

10. Without prejudice to the provisions of any other enact-
ment relating to the prosecution of criminal offences and without
prejudice to the powers of the Attorney General in relation to the
prosecution of criminal offences, prosecutions for an offence under
any of the provisions of these regulations may-

(a)where the offence was committed in the Urban Council
area, be brought in the name of the Urban Council;

(b)where the offence was committed in the Regional Council
area, be brought in the name of the Regional Council.

11. The Secretary for Municipal Services may, by notice in the
Gazette, amend the concentrations specified in Column 3 of Part 1
of the First Schedule.

FIRST SCHEDULE [reg. 3(1).]

PART I

ARTICLES OF FOOD WHICH MAY CONTAIN PRESERVATIVE AND THE NATURE
AND PROPORTION OF PRESERVATIVE IN EACH CASE

Column 1 Column 2Column 3
Parts per
ItemSpecifiedfood Permitted preservative million not
exceeding
1 . Bacon Sodium nitrate 500
Sodium nitrite 200
2. Beer Sulphur dioxide and either 70
benzoic acid or 70
methyl para-hydroxybenzoate or 70
ethyl para-hydroxybenzoate or 70
propyl para-hydroxybenzoate 70
3. Beetroot, cooked Benzoic acid or 250
and prepacked methyl para-hydroxybenzoate or 250
ethyl para-hydroxybenzoate or 250
propyl para-hydroxybenzoate 250
4. Bread Propionic acid 3,000
(calculated on
the weight of
the flour)
5. Cabbage, Sulphur dioxide 2,500
dehydrated
6. Candied peel or Sulphur dioxide and 100
cut and drained sorbic acid 1,000
(syruped) peel
7. Cheese Sorbic acid 1,000
8. Cheese, other thanSodium nitrate or 100
Cheddar or sodium nitrite10
Cheshire type
cheese or soft
cheese





Column 1 Column 2 Column 3
Parts per
Item Specifiedfood Permitted preservative million not
exceeding
9. Chilli sauceBenzoic acid or 400
methyl para-hydroxybenzoate or 400
ethyl para-hydroxybenzoate or 400
propyl para-hydroxybenzoate or 400
sorbic acid 1,000
10. Cider Sulphur dioxide or 200
sorbic acid 200
11.Coffee (or coffee Benzoic acid or 450
and chicory)methyl para-hydroxybenzoate or 450
extract, liquidethyl para-hydroxybenzoate or 450
propyl para-hydroxybenzoate 450
12.Coffee extract,Sulphur dioxide 150
solid
13.Colouring matter, Benzoic acid or 2,000
if in the form of a methyl para-hydroxybenzoate or 2,000
solution of aethyl para-hydroxybenzoate or 2,000
permitted propyl para-hydroxybenzoate or 2,000
colouring mattersorbic acid 1,000
14.Curry pasteBenzoic acid or 350
methyl para-hydroxybenzoate or 350
ethyl para-hydroxybenzoate or 350
propyl para-hydroxybenzoate 350
15.Dessert, fruitSulphur dioxide or 100
based milk andsorbic acid 300
cream
16.Dessert sauces,Sulphur dioxide or 100
fruit based with a benzoic acid or 250
total soluble solids methyl para-hydroxybenzoate or 250
content of less ethyl para-hydroxybenzoate or 250
than 75% propyl para-hydroxybenzoate or 250
sorbic acid 1,000
17. The permitted Sulphur dioxide or 1,000
miscellaneous benzoic acid or 2,000
additive, methyl para-hydroxybenzoate or 2,000
Dimethylpolysi- ethyl para-hydroxybenzoate or 2,000
loxane propyl para-hydroxybenzoate or 2,000
sorbic acid 1,000
18. Drinking Benzoic acid or 700
chocolate methyl para-hydroxybenzoate or 700
concentrate ethyl para-hydroxybenzoate or 700
propyl para-hydroxybenzoate 700
19. Enzymes:
Papain, solid Sulphur dioxide 30,000
Papain, aqueous Sulphur dioxide or 5,000
solutions sorbic acid1,000
Aqueous Sulphur dioxide or 500
solutions of benzoic acid or3,000
enzyme methyl para-hydroxybenzoate or 3,000
preparationsethyl para-hydroxybenzoate or 3,000
not otherwisepropyl para-hydroxybenzoate or 3,000
specified, sorbic acid3,000
including
immobilized
enzyme
preparations in
aqueous media
20. Figs, dried Sulphur dioxide or2,000
sorbic acid 500





Column 1 Column 2 Column 3
Parts per
Item Specifiedfood Permitted preservative million not
exceeding
21.Fillings and Sorbic acid 1.000
toppings for flour
confectionery
which consist
principally of a
sweetened oil and
water emulsion
with a minimum
sugar solids <
content of 50%
22,Fish ball, fishSorbic acid or 1,000
cake, and driedbenzoic acid or 1,000
shredded fishmethyl para-hydroxybenzoate or 1,000
ethyl para-hydroxybenzoate or 1,000
propyl para-hydroxybenzoate 1,000
23.Fish sauce Benzoic acid or 1,000
(A YX) methyl para-hydroxybenzoate or 1,000
ethyl para-hydroxybenzoate or 1,000
propyl para-hydroxybenzoate or 1,000
sorbic acid 1,000
24.FlavouringsSulphur dioxide or 350
benzoic acid or 800
methyl para-hydroxybenzoate or 800
ethyl para-hydroxybenzoate or 800
propyl para-hydroxybenzoate 800
25.Flavouring syrupsSulphur dioxide or 350
benzoic acid or 800
methyl para-hydroxybenzoate or 800
ethyl para-hydroxybenzoate or 800
propyl para-hydroxybenzoate 800
26. Flour Propionic acid or 1,000
confectionerysorbic acid 1,000
27.Flour intendedSulphur dioxide 200
for use in the
manufacture of
biscuits
28.Foam headings,Sulphur dioxide or 5,000
liquid benzoic acid or 10,000
methyl para-hydroxybenzoate or 10,000
ethyl para-hydroxybenzoate or 10,000
- propyl para-hydroxybenzoate 10,000
29.Fruit based pieSulphur dioxide or 350
fillings benzoic acid or 800
methyl para-hydroxybenzoate or 800
ethyl para-hydroxybenzoate or 800
propyl para-hydroxybenzoate or 800
sorbic acid 450
30.Fruit, citrusDiphenylor 100
ortho-phenylphenol 70
31.Fruit, crystallized, Sulphur dioxide or 100
glace or drainedbenzoic acid or 1,000
methyl para-hydroxybenzoate or 1,000
ethyl para-hydroxybenzoate or 1,000
propyl para-hydroxybenzoate or 1c000
sorbic acid 1,000
32.Fruit, dried, other Sulphur dioxide 2,000
than prunes or figs





Column 1 Column 2Column 3
Parts per
ItemSpecifiedfood Permitted preservative million not
exceeding
33. Fruit or fruit pulp Sulphur dioxide 3,000
(other than
tomato pulp)
intended for
manufacturing
purposes
34. Fruit, fresh:
(a) Apples Ortho-phenylphenol 10
(b) Pears Ortho-phenylphenol 10
(e) Pears Copper carbonate 3
(of copper)
(d) Pineapple Ortho-phenylphenol 10
(e) Melons Ortho-phenylphenol 125
(f) Peaches Ortho-phenylphenol 20
35. Fruit juices, Sulphur dioxide or 350
sweetened or benzoic acid or 800
unsweetened methyl para-hydroxybenzoate or 800
whether ethyl para-hydroxybenzoate or 800
concentrated or propyl para-hydroxybenzoate 800
not
36. Fruit pieces in Sorbic acid 1,000
stabilized syrup
for use as
ingredients of
ice-cream or other
edible ices
37. Fruit spread Sulphur dioxide and 100
sorbic acid 1,000
38. Fruit (other than Sulphur dioxide or 350
fresh fruit) or fruit benzoic acid or 800
pulp not otherwise methyl para-hydroxybenzoate or 800
specified in thisethyl para-hydroxybenzoate or 800
Schedule propyl para-hydroxybenzoate 800
39. GelatinSulphur dioxide1,000
40. Gelatin capsulesSorbic acid 3,000
41. Ginger, dry rootSulphur dioxide 150
42. Glucose drinksSulphur dioxide or 350
containing not less benzoic acid or 800
than 2.3 kg ofmethyl para-hydroxybenzoate or 800
glucose syrup perethyl para-hydroxybenzoate or 800
10 litres of thepropyl para-hydroxybenzoate 800
drink
43. GrapejuiceSulphur dioxide and either 70
products benzoic acid or 2,000
(unfermented,methyl para-hydroxybenzoate or 2,000
intended forethyl para-hydroxybenzoate or 2,000
sacramental use)propyl para-hydroxybenzoate 2,000
44. Ham Sodium nitrate500
Sodium nitrite 200
45. Hamburgers orSulphur dioxide 450
similar products
46. Horseradish, fresh Sulphur dioxide or 200
grated benzoic acid or 250
methyl para-hydroxybenzoate or 250
ethyl para~hydroxybenzoate or 250
propyl para-hydroxybenzoate 250





Column 1 Column 2Column 3
Parts per
ItemSpecifiedfood Permittedpreservative million not
exceeding
47. Horseradish sauce Sulphur dioxide or 200
benzoic acid or 250
methyl para-hydroxybenzoate or 250
ethyl para-hydroxybenzoate or 250
propyl para-hydroxybenzoate 250
48. Jam, including Sulphur dioxide and either 100
preserves sold for benzoic acid or 500
special dieteticmethyl para-hydroxybenzoate or 500
purpose ethyl para-hydroxybenzoate or 500
propyl para-hydroxybenzoate or 500
sorbic acid 1,000
49. Kweilin, Chilli Benzoic acid or 1,000
(U*~ew) methyl para-hydroxybenzoate or 1,000
ethyl para-hydroxybenzoate or 1,000
propyl para-hydroxybenzoate 1,000
50. Low fat products Sorbic acid 2,000
consisting of an
emulsion
principally of
water in oil

51. Mallow, chocolate Sorbic acid 1,000
covered (calculated
on the weight
of the mallow
and chocolate
together)

52. MargarineBenzoic acid or 1,000
methyl para-hydroxybenzoate or 1,000
ethyl para-hydroxybenzoate or 1,000
propyl para-hydroxybenzoate or 1,000
sorbic acid 1,000
53. Marzipan Sorbic acid1,000
54. Meat, pickled,Sodium nitrate 500
cooked Sodium nitrite 200
55. Meat, pickled,Sodium nitrate 500
uncooked Sodium nitrite 200
56. Nut pastes,Sorbic acid1,000
sweetened
57. Olives, pickledSulphur dioxide or 100
benzoic acid or 250
methyl para-hydroxybenzoate or 250
ethyl para-hydroxybenzoate or 250
propyl para-hydroxybenzoate or 250
sorbic acid 500
58. Oyster saucesBenzoic acid or 1,000
methyl para-hydroxybenzoate or 1,000
ethyl para-hydroxybenzoate or 1,000
propyl para-hydroxybenzoate or 1,000
sorbic acid 1,000
59. Pectin, liquidSulphur dioxide 250
60. PerrySulphur dioxide or 200
sorbic acid 200





Column 1 Column 2Column 3
Parts per
ItemSpecifiedfiod Permitted preservative million not
exceeding
61. Pickles, other than Sulphur dioxide or 100
pickled olives benzoic acid or 250
methyl para-hydroxybenzoate or 250
ethyl para-hydroxybenzoate or 250
propyl para-hydroxybenzoate or 250
sorbic acid 1,000
62. Pork, preserved Sodium nitrate 500
Sodium nitrite 200
63. Potatoes, raw, Sulphur dioxide 50
peeled
64. Potatoes, Sulphur dioxide 550
dehydrated
65. Prawn, shrimp Sulphur dioxide 200
and scampi (in the edible
part)
66. Preparations of Benzoic acid and either 750
permitted artificial methyl para-hydroxybenzoate or 250
sweetener andethyl para-hydroxybenzoate or 250
water onlypropyl para-hydroxybenzoate 250
67. Preserved mixedBenzoic acid or 250
bean saucemethyl para-hydroxybenzoate or 250
04# g) ethyl para-hydroxybenzoate or 250
propyl para-hydroxybenzoate or 250
sorbic acid 1,000
68. Preserved soyaBenzoic acid or 1,000
bean methyl para-hydroxybenzoate or 1,000
ethyl para-hydroxybenzoate or 1,000
propyl para-hydroxybenzoate 1,000
69. PrunesSulphur dioxide or 2,000
sorbic, acid 1,000
70. Rennet, liquidBenzoic acid or 2,000
methyl para-hydroxybenzoate or 2,000
ethyl para-hydroxybenzoate or 2,000
propyl para-hydroxybenzoate 2,000
71. Salad creamSulphur dioxide or 100
(including benzoic acid or250
mayonnaise) andmethyl para-hydroxybenzoate or 250
salad dressingethyl para-hydroxybenzoate or 250
propyl para-hydroxybenzoate or 250
sorbic acid 1,000
72. Sausage, ChineseSodium nitrate 500
preserved Sodium nitrite 200
73. Sauces notSulphur dioxide or 100
otherwise specified benzoic acid or 250
in this Schedulemethyl para-hydroxybenzoate or 250
ethyl para-hydroxybenzoate or 250
propyl para-hydroxybenzoate or 250
sorbic acid 1,000
74. Sausages orSulphur dioxide 450
sausage meat
75. Shrimp pasteBenzoic acid or 1,000
methyl para-hydroxybenzoate or 1,000
ethyl para-hydroxybenzoate or 1,000
propyl para-hydroxybenzoate 1,000





Column 1 Column 2 Column 3
Parts per
Item Specifiedfood Permitted preservative million not
exceeding
76. Silicone antifoam,Benzoic acid or 2,000
emulsionmethyl para-hydroxybenzoate or 2,000
ethyl para-hydroxybenzoate or 2,000
propyl para-hydroxybenzoate or 2,000
sorbic acid 1,000
77. Soft drinks forSulphur dioxide or 350
consumption after benzoic acid or 800
dilution not methyl para-hydroxybenzoate or 800
otherwise specified ethyl para-hydroxybenzoate or 800
in this Schedulepropyl para-hydroxybenzoate or 800
including sorbic acid 2,000
comminuted citrus
bases for the
preparation of soft
drinks
78. Soft drinks forSulphur dioxide or 70
consumption benzoic acid or160
without dilutionmethyl para-hydroxybenzoate or 160
not otherwiseethyl para-hydroxybenzoate or 160
specified in thispropyl para-hydroxybenzoate or 160
Schedule sorbic acid 400
79. Soup concentratesSorbic acid and 1,500
with a moisturemethyl para-hydroxybenzoate 175
content of not
less than 25% and
not more than
60%
80. Soy or soy sauceBenzoic acid or 550
(soyabean methyl para-hydroxybenzoate or 550
product) ethyl para-hydroxybenzoate or 550
propyl para-hydroxybenzoate or 550
sorbic acid 1,000
81. Starches, prepared Sulphur dioxide 100
82. Starch hydrolysedSulphur dioxide 70
(solid)
83. Starch hydrolysedSulphur dioxide 450
(syrup)
84. Sugar or sugarSulphur dioxide 70
syrups
85. Tea extract, liquid Benzoic acid or 450
methyl para-hydroxybenzoate or 450
ethyl para-hydroxybenzoate or 450
propyl para-hydroxybenzoate 450
86. Tomato pulp,Sulphur dioxide or 350
paste or puree benzoic acid or800
methyl para-hydroxybenzoate or 800
ethyl para-hydroxybenzoate or 800
propyl para-hydroxybenzoate 800
87. Tomato sauce orBenzoic acid or 300
catsup or ketchupmethyl para-hydroxybenzoate or 300
ethyl para-hydroxybenzoate or 300
propyl para-hydroxybenzoate or 300
sorbic acid 1,000
88. Vegetables,Sulphur dioxide 2,000
dehydrated (other
than cabbage or
potato)





Column 1 Column 2 Column 3
Partsper
Item Specifiedfood Permitted preservative million not
exceeding
89. Vinegar Sulphur dioxide 70
90. Wine (including Sorbic acid 400
alcoholic cordials)Sulphur dioxide 450
91. Yogurt, fruit Sulphur dioxide or 60
benzoic acid or 120
methyl para-hydroxybenzoate or 120
ethyl para-hydroxybenzoate or 120
propyl para-hydroxybenzoate or 120
sorbic acid 300

PART 11
ARTICLES OF FOOD WHICH MAY CONTAIN ADDED ANTIOXIDANTS AND
DESCRIPTION AND PROPORTION OF ANTIOXIDANTS WHICH
MAY BE ADDED IN EACH CASE

Column 1 Column 2 Column 3
Item Specifiedfood Antioxidant Parts per
million
1 Anhydrous ediblePropyl gallate or Octyl gallate or 100
oils and fats,Dodecyl gallate or any mixture
whether hardenedthereof or
or not and vitamin Butylated hydroxyanisole 200
oils and (B. H. A.) or
concentrates other Butylated hydroxytoluene 200
than preparations (k. '1~ or
containing more A%~'Mi~ture of B.H.A. and 200
than 100,OOOI.U.'s B.H.T.
Vitamin A per
gram
2. Partial GlycerolPropyl gallate or Octyl gallate or 100
Esters Dodecyl gallate
or any mixture thereof or
Butylated hydroxyanisole 100
(B.H.A.) or
Butylated hydroxytoluene 200
(B.H.T.) or
Any mixture of B.H.A. and 200
B.H.T.
3. Butter for manu-Propyl gallate or Octyl 80
facturing purposes gallate or Dodecyl gallate or
any mixture thereof or
Butylated hydroxyanisole 160
(B.H.A.) or
Butylated hydroxytoluene 160
(B.H.T.) or
Any mixture of B.H.A. and 160
B.11.T.
4. Essential oils andPropyl gallate or Octyl 1,000
isolates from thegallate or Dodecyl gallate
concentrates ofor any mixture thereof or
essential oilsButylated hydroxyanisole 1,000
(B.H.A.) or
Butylated hydroxytoluene 1,000
(B.H.T.) or
Any mixture of B.H.A. and 1,000
B.H.T.





Column 1 Column 2 Column 3

Item SpecifiedfoodAntioxidant Parts per
million

5. Apples and pears Etlioxyquin 3
Note.. (A)Butylated hydroxyanisole or butylated hydroxytoluene or mixtures
thereof within the limits specified in Part 11 of this Schedule may be
used in conjunction with propyl gallate or octyl gallate or dodecyl
gallate or mixture thereof within the limits specified, provided that
the total amount of antioxidant shall not exceed, in the case of
anhydrous oils and fats and vitamin oils and concentrates, and partial
glycerol esters, 300 parts per million, in the case of butter for manu-
facturing purposes, 240 parts per million and in the case of essential
oils and isolates from the concentrates of essential oils, 1,000 parts
per million.

(R)Preparations containing more than 100,000 I.U.'s Vitamin A per gram
are allowed to have in them or on them only 10 parts per million for
each 1,000 I.U.'s Vitamin A per gram of butylated hydToxyanisole
(B.H.A.) or butylated hydroxytoluene (B.H.T.) or any mixture of
B.H.A. and B.H.T.

PART III

Column 1 Column 2
Preservative specified in Alternativeform in which the preservative
First Schedule may he used (to be calculated as the
preservative shown in Column 1)
Benzoic acid Sodium benzoate
Potassium benzoate
Calcium benzoate
Methyl para-hydroxybenzoate Methyl para-hydroxybenzoate, sodium salt
Ethyl para-hydroxybenzoate Ethyl para-hydroxybenzoate, sodium salt
Propyl para-hydroxybenzoate Propyl para-hydroxybenzoate, sodium salt
Ortho-phenylphenol Sodium ortho-phenylphenate
Propionic acid Sodium propionate
Calcium propionate
Potassium propionate
Sodium nitrate Potassium nitrate
Sodium nitrite Potassium nitrite

Sorbic acid Sodium sorbate
Potassium sorbate
Calcium sorbate
Sulphur dioxide Sulphurous acid
Sodium sulphite
Sodium hydrogen sulphite
Sodium metabisulphite
Potassium sulphite
Potassium metabisulphite
Calcium sulphite
Calcium hydrogen sulphite





SECOND SCHEDULE [regs. 3(1), 5 & 6.]

LABELLING OF ARTICLES OF FOOD CONTAINING PRESERVATIVE OR ANTIOXIDANT
LABELLING OF PRESERVATIVES OR ANTIOXIDANTS AND STATEMENTS
ABOUT ARTICLES OF FOOD CONTAINING EXCESS AMOUNTS OF
PERMITTED PRESERVATIVES

1. The food containing preservatives to which the rules as to labelling set out
in this Schedule apply are sausages, sausage meat, liquid coffee extract, liquid tea
extract, pickles and sauces, and (where the proportion of benzoic acid exceeds 800
parts per million) unfermented grape juice products intended for sacramental use and
any food containing antioxidant.
2. (1) Each container to which regulation 6 relates shall bear a label on which
is printed clearly and conspicuously a true statement in the form of the following
declaration-

(X) CONTAIN(S)
PRESERVATIVE(S)

(2) Th e declaration shall be completed by inserting at (X) the words 'This' or
'These' followed by the common or usual name of the food as specified in para-
graph 1 of this Schedule.
(3) In the case of any unfermented grape juice product intended for sacramental
use to which these regulations apply the words 'and is not intended for use as a
beverage' shall be added to the declaration.
3. Where any of the said article of food contains antioxidant it shall bear a
label on which is printed in relation to every added antioxidant contained therein-
(a) an accurate description of such antioxidant; and
(b)the maximum amount of such antioxidant, expressed as parts per million
(estimated by weight).
4. (1) The statement to which paragraph (b) of regulation 3(1) relates shall be
printed clearly and conspicuously in the form of the following declaration-

(X) CONTAINS
NOT MORE THAN
(Y) PER CENT OF (Z)
(Y) PER CENT OF (Z)
AND ISIARE NOT FOR RETAIL SALE

(2) The declaration shall be completed by inserting at (X) the word 'This' or
'These' followed by the common or usual name of the food, at (Y) in words and
figures (for example, 'seventy (70)'), the maximum percentage by weight, correct to
the nearest whole digit, of each and every preservative present in the food and at (Z)
a correct description of the preservative to which such percentage relates:
Provided that in any such declaration the words 'parts per million' may be
substituted for 'per cent' and in any such case, the words and figures to be inserted
at (Y) shall be the number of parts per million by weight of each and every pre-
servative present in the food.
5. (1) Each container to which regulation 5(1) relates shall bear a label on
which is printed clearly and conspicuously a true statement in the form of the
following declaration-

THIS PRESERVATIVE CONTAINS
(X) PER CENT OF (Y)
(X) PER CENT OF (Y)

(2) The declaration shall be completed by inserting at (X) in words and figures,
(for example, 'seventy (70)'), the percentage by weight, correct to the nearest
whole digit, of each and every preservative present in the substance in the container
and at (Y) a correct description of the preservative to which such percentage relates:
Provided that in any such declaration the words 'parts per million' may be
substituted for 'per cent' and in any such case the words and figures to be inserted
at (X) shall be the number of parts per million by weight of each and every pre-
servative present in the substance in the container.





6. (1) In the case of antioxidants, every container to which regulation 5(1)
relates shall bear a label on which is printed a true statement in the'form of the
following declaration-

This antioxidant contains
(X)
(Y)

(2) There shall be inserted at (X) in every such declaration a true statement of
the percentage, or the number of parts per million, by weight in figures, excluding
fractions, correct to the nearest whole digit, or in words and figures excluding frac-
tions, correct to the nearest whole digit, of each and every antioxidant present in the
preparation in the container and a correct description of each antioxidant to which
such statement relates, There shall be inserted at (Y) a correct description of any
other substance present in the preparation in the container and where more than one
such substance is present such substances shall be declared in the order of the pro-
portion in which they were present at the time of sale by the manufacturer, the
substance present in the greatest proportion by weight being specified first.
7. Each declaration prescribed in this Schedule shall be printed distinctly and
legibly in dark type on a light-coloured ground or in a light type on a dark-coloured
ground. the type being not less than 3 mm in height, within a surrounding line and
no other matter shall be printed within such surrounding line. The words and figures
in such declaration shall be of uniform size and colour and the ground within the
said surrounding line shall be of uniform colour, provided that the initial letter in
any such word may be larger than the other letters in that word.
8. The label required in this Schedule shall be securely affixed to or be part of
the wrapper or container and in any case shall be so placed as to be clearly visible
and shall be either part of any main label or a separate label placed in close proximity
thereto, provided that if the article bears a label containing the name, trade mark, or
a design representing the brand, of the article or the name and address of the
manufacturer or dealer, the prescribed declaration shall be printed as part of such
label.
9. The declarations prescribed in this Schedule shall also be printed in easily
readable Chinese characters where either-
(a)the wrappers or containers contain articles which have been manufactured.
processed or packed in Hong Kong; or
(b)the wrappers or containers contain articles of food imported into Hong
Kong for sale therein and bear labels or markings with writing in Chinese
characters.
10. No comment on or explanation of the prescribed declaration (other than
any direction as to use in the case of a preservative or antioxidant) shall be placed
on the label or on wrapper or container.
L.N. 20/73. L.N. 181/77. L.N. 89/79. L.N. 114/84. L.N. 67/85. 10 of 1986. Citation. Interpretation. 10 of 1986, s. 32(2). First Schedule. (Cap 132, sub. Leg.) (Cap. 109.) First schedule. (Cap. 132, sub. Leg.) Restrictions in relation to the sale, etc. of food containing preservative or antioxidant.[cf. S.I. 1962/1532, r.3.] First Schedule. 10 of 1986, s. 32(2). Second Schedule. L.N. 181/77. [cf. S.I. 1962/1532, r.4.] Food containing antioxidant not to be recommended for babies and young children. [cf. S.I. 1966/1500, r.7.] Sale, labelling and advertisement of preservatives and antioxidants. [cf. S.I. 1962/1532, r.6] Second Schedule. First Schedule. Labelling of food containing a preservative or antioxidant. [cf. S.I. 1962/1532, r.5] Second Schedule. First Schedule. Regulations not to apply to food etc. for re-export. 10 of 1986, s. 32(2). Defences. S.I. 1962/1532, r.8(4). [cf.S.I. 1966/1500, r.10(2).] [cf. S.I. 1962/1532, r. 8(5).] Offences and penalties. L.N. 114/84. Name in which proceedings for offences may be brought. L.N. 67/85. 10 of 1986, s. 32(2). Amendment of first Schedule. L.N. 114/84. L.N. 67/85. L.N. 114/84. L.N. 89/79.

Abstract

L.N. 20/73. L.N. 181/77. L.N. 89/79. L.N. 114/84. L.N. 67/85. 10 of 1986. Citation. Interpretation. 10 of 1986, s. 32(2). First Schedule. (Cap 132, sub. Leg.) (Cap. 109.) First schedule. (Cap. 132, sub. Leg.) Restrictions in relation to the sale, etc. of food containing preservative or antioxidant.[cf. S.I. 1962/1532, r.3.] First Schedule. 10 of 1986, s. 32(2). Second Schedule. L.N. 181/77. [cf. S.I. 1962/1532, r.4.] Food containing antioxidant not to be recommended for babies and young children. [cf. S.I. 1966/1500, r.7.] Sale, labelling and advertisement of preservatives and antioxidants. [cf. S.I. 1962/1532, r.6] Second Schedule. First Schedule. Labelling of food containing a preservative or antioxidant. [cf. S.I. 1962/1532, r.5] Second Schedule. First Schedule. Regulations not to apply to food etc. for re-export. 10 of 1986, s. 32(2). Defences. S.I. 1962/1532, r.8(4). [cf.S.I. 1966/1500, r.10(2).] [cf. S.I. 1962/1532, r. 8(5).] Offences and penalties. L.N. 114/84. Name in which proceedings for offences may be brought. L.N. 67/85. 10 of 1986, s. 32(2). Amendment of first Schedule. L.N. 114/84. L.N. 67/85. L.N. 114/84. L.N. 89/79.

Identifier

https://oelawhk.lib.hku.hk/items/show/2619

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

19
]]>
Tue, 23 Aug 2011 18:09:17 +0800
<![CDATA[PLEASURE GROUNDS (URBAN COUNCIL) BYLAWS]]> https://oelawhk.lib.hku.hk/items/show/2618

Title

PLEASURE GROUNDS (URBAN COUNCIL) BYLAWS

Description






PLEASURE GROUNDS (URBAN COUNCIL) BYLAWS

ARRANGEMENT OF BYLAWS

Bylaw Page
1. Citation .............................BE 2
2. Application ..........................BE 2
3. Interpretation .......................BE 2
4. Hours of opening and closing .........BE 2
5. Admission charges ....................BE 3
6. Persons not to enter closed pleasure grounds BE 3
7. General behaviour ....................BE 3
8. Protection of property ...............BE 3
9. Protection of grass and flower-beds ..BE 3
10.......................................Protection of growing plants Big 3
11.......................................Protection of artificial lakes, ponds, birds and animals BE 4
12.......................................Dogs BE 4
13.......................................Cattle, sheep, goats, etc . BE 4
14.......................................Vehicles BE 5
15.......................................Bills and notices BE 5
16.......................................Missiles, guns, catapults, etc . BE 5
17.......................................Kites, model aircraft, balloons, etc . BE 5
18.......................................Parts of pleasure grounds set aside for specified games BE 5
19.......................................Prohibition of games being played when the condition of the ground is unfit BE 7
20.......................................Erection of structures, trading and camping BE 7
21.......................................Obstructions to visitors or keepers BE 8
22.......................................Prohibition of use of obscene language BE 8
23.......................................Prohibition of spitting, litter, improper use of seats, etc., sorting rubbish BE 8
24.......................................Children's playgrounds BE 9
25.......................................Music and singing BE 9
26.......................................Unclean persons BE 9
27.......................................No begging, etc . BE 9
28.......................................Public addresses, etc . BE 9
29.......................................The Cenotaph BE9
30.......................................Offences and penalties BE 10
31.......................................Name in which proceedings for offences may be brought BE 10
32.......................................Power to remove persons contravening bylaws, etc . BE 10
Schedule ...........................................................................................................................
..........................................BE 11





PLEASURE GROUNDS (URBAN COUNCIL) BYLAWS

(Cap. 132, section 109)
[11 November 19601G.N.A. 132 of 1960

G.N.A. 102 of 1960 - L.N. 76 of 1964, L.N. 131 of 1965, L.N. 146 of 1967, L.N. 168 of 1970, L.N.
89 of 1971, L.N. 158 of 1975, L.N. 282 of 1975, L.N. 79 of 1976, L.N. 168 of 1976, L.N. 56 of
1977, L.N. 316 of 1977, L.N. 73 of 1978, L.N. 166 of 1978, L.N. 55 of 1979, L.N. 318 of 1979,
L.N. 186 of 1980, L.N. 379 of 1980, L.N. 157 of 1981, L.N. 233 of 1981, L.N. 402 of 1981,
L.N. 353 of 1982, L.N. 24 of 1983, L.N. 97 of 1983, L.N. 85 of 1984, L.N. 134 of 1984, L.N.
223 of 1984, L.N. 224 of 1984, L.N. 422 of 1984, 10 of 19 L.N. 236 qf 1987, L N 17 of 1988,
V'4iy
L.N. 122 of 1988, R. Ed. 1988, L.N. 90 of 19 7~,

1. Citation

These bylaws may be cited as the Pleasure Grounds (Urban Council)
Bylaws.
(10 of 1986 s. 32 (2)

2. Application

These bylaws apply to the Urban Council area only.

(10 of 1986 s. 32 (2) )

3. Interpretation

In these bylaws, unless the context otherwise requires-
'Council' means the Urban Council;
'keeper' means any person appointed under section 111 of the Ordinance to be
a keeper of a pleasure ground;
'pleasure ground' means any public pleasure ground specified in the Fourth
Schedule to the Ordinance, not being a bathing beach, which is situated in
the Urban Council area. (]Oof]986s.32(2))

4. Hours of opening and closing

Every enclosed pleasure ground shall be open to the public except between
such hours and on such days as the Council may, from time to time, prescribe
and notify by a notice conspicuously posted at each entrance thereto:
Provided that nothing in this bylaw shall be deemed to require any part of
a pleasure ground to be opened to the public on any days or at any times when,
in pursuance of any statutory provision in that behalf, the Council closes such
pleasure ground or any part thereof to the public.





5. Adndssion charges

(1) Every member of the public on entering any pleasure ground specified
in Part 1 of the Schedule shall pay the fee specified in the said Part 1.
(2) Every member of the public on entering any part of any pleasure
ground which is being used by the Council for holding an entertainment shall
pay such fee as the Council may determine in relation to that entertainment.
(L.N. 168 of 1970)

6. Persons not to enter closed pleasure grounds

No member of the public shall enter or remain in any pleasure ground
during any period when the pleasure ground is closed to the public in the
manner provided in bylaw 4, unlegs duly authorized by the keeper of the
pleasure ground or by any other public officer having authority in that behalf.

7. General behaviour

No person while in any pleasure ground shall behave otherwise than in an
orderly and decent manner or be otherwise than properly clothed.

8. Protection of property
No person shall, in any pleasure ground-
(a)wilfully or negligently deface, injure, soil or defile any wall or
any fence in or enclosing the pleasure ground, or any building,
barrier, railing, post, seat or boundary stone, or any erection or
ornament of any kind whatever;
(b)climb any wall or fence in or enclosing the pleasure ground, or
any tree, or any barrier, railing, post or other erection; or
(c)wilfully or negligently remove any implement or equipment
provided for use in any pleasure ground.

9. Protection of grass and flower-beds

No person shall, in any pleasure ground, walk, run, stand, sit or lie upon-
(a)any grass, turf or other place where notice to keep off such grass,
turf or other place is exhibited; or
(b)any flower-bed, shrub or plant or any ground in course of
preparation as a flower-bed or for the growth of any tree, shrub
or plant.

10. Protection of growing plants
No person shall, in any pleasure ground-
(a) remove, cut or displace any soil, turf or plant;





(b)pluck or damage any bud, blossom or leaf of any tree, shrub or
plant, or damage any part of any tree, shrub or plant.

11. Protection of artificial lakes, ponds, birds and animals

No person shall, in any pleasure ground-
(a)bathe, wade or wash in any ornamental lake, pond, stream or
water;
(b) wilfully or negligently foul or pollute any such water;
(c)take, injure or destroy, or attempt to take, injure or destroy,
any fish in any such water, or wilfully disturb or worry any
waterfowl;
(d)wilfully displace or disturb. injure or destroy any bird's nest or
bird's eggs;
(e)take, injure or destroy any bird, or spread or use any net, or set
or use any snare or other engine, instrument or means, for the
taking, injury or destruction of any bird;
wilfully disturb, harry or ill-treat any animal, bird or fish kept in
any pleasure ground;
(g)feed or attempt to feed any animal, bird or fish kept in any
pleasure ground; or (L.N. 168 of 1976)
(h)throw or place anything in any cage or in any enclosure not open
to the public.

12. Dogs

(1) No person shall cause or suffer any dog or other pet animal belonging
to him, or in his charge, to enter or remain in any pleasure ground, unless under
proper control and effectively restrained from causing annoyance to any
person, from worrying or disturbing any animal, bird or waterfowl and from
entering any ornamental water.
(2) Where in any pleasure ground there is place a notice prohibiting dogs
or prohibiting dogs except on a lead, no person shall bring any dog into or
allow any dog to remain in such pleasure ground in contravention of the terms
of such notice.

13. Cattle, sheep, goats, etc.

No person shall bring, or cause to be brought, into any pleasure ground
any cattle, equines, sheep, goats, pigs or poultry or any beast of draught or
burden, unless, in pursuance of an agreement with the Council or otherwise in
the exercise of any lawful right or privilege, he is authorized to do so.





14. Vehicles
(1) No person shall, except in the exercise of any lawful authority or
privilege, bring or cause to be brought into, or ride in, any pleasure ground any
barrow, truck, vehicle or wheeled bicycle or tricycle or carry any load therein:
Provided that, where the Council sets apart a space in such pleasure
ground for the use of any class of vehicle, this bylaw shall not be deemed to
prohibit the driving in or to that space by a direct route from the entrance to
such pleasure ground of any vehicle of the class for which it is set apart.
(2) The provisions of paragraph (1) shall not apply to any wheel-chair,
perambulator, chaise or sedan which is propelled, drawn or carried by hand and
used solely for the conveyance of a child or an invalid.
(3) If any person brings a vehicle into any pleasure ground, he shall not
wheel or station it over or upon-
(a)any flower-bed, shrub, plant or any ground in course of
preparation as a flower-bed or for the growth of any tree, shrub
or plant;
(b)any part of such pleasure ground where the Council, by a notice
affixed or set up in some conspicuous position in such pleasure
ground, prohibits its being wheeled or stationed.

15. Bills and notices
Save with the permission in writing of the Council and subject to such
conditions as may be imposed by the Council, no person shall affix any bill,
placard or notice to or upon any tree or plant, or to or upon any part of any
building, barrier, railing, seat or any other erection or ornament in the pleasure
ground.

16. Mssiles, guns, catapults, etc.
Subject to the provisions of bylaw 18, no person shall, in any pleasure
ground, wilfully or negligently throw or discharge any missile or shoot with any
gun, airgun, bow and arrow or catapult or other devices.

17. Kites, model aircraft, balloons, etc.
The Council may, by notice conspicuously displayed in any pleasure
ground, restrict or prohibit the flying of kites, model aircraft, balloons or other
device.

18. Parts of pleasure grounds set aside for sepcified games
(1) Where the Council has set apart any part of any pleasure ground, and
described the part so set aside in a notice affixed or set up in some conspicuous
position in such pleasure ground, for the purpose of any game specified in the





notice, which, by reason of the rules or manner of playing thereof, or for the
prevention of damage, danger or discomfort to any person in the pleasure
ground, may necessitate, at any time during the continuance of the game, the
exclusive use by the player or players of any space in such part of the pleasure
ground, no person shall in any space elsewhere in the pleasure ground play or
take part in any game specified in such notice in such a manner as to exclude
persons not playing or taking part in the game from the use of such space.
(2) No person resorting to any pleasure ground and playing or taking
part in any game for which the exclusive use of any part of any pleasure ground
has been set apart under this bylaw shall-
(a)play on such part any game other than the game for which it is
set apart;
(b)in preparing for playing and in playing, wilfully or negligently
interfere with the proper use of the pleasure ground by other
persons;
(c)when the part is already occupied by other players, begin to play
thereon without their permission:
Provided that, where the Council has allocated the part for a
particular period of time to such other players, no person shall
begin to play thereon without the permission of such other
players within such period;
(d)play on a grass court, or other grass covered pitch, any game
without the permission of the Council;
(e)except in relation to hard surface tennis courts and save where
the exclusive use of the part has been granted by the Council for
the playing of a match, competition or event in which he is taking
part, use the space for a longer time than 1 hour continuously.
(L.N. 158 of 1975; L.N. 56 of 1977)
(M) Any rules made under section 110 of the Ordinance to prescribe the
period during which any person may play or otherwise use a hard surface tennis
court in a pleasure ground shall not apply where the exclusive use of such a
court has been granted by the Council in writing for the playing of a match,
competition or event. (L.N. 56 of 1977)
(3) For the purposes of this bylaw, the expression 'game' includes classes
of physical training and such other organized activities as may, from time to
time, be approved by the Council.
(4) Subject to the provisions of paragraph (5), where under section 108(2)
of the Ordinance the exclusive use of any pleasure ground or part thereof or of
any facilities provided therein is allocated to any person, the fee payable shall
be-
(a)if no admission fee is charged to members of the public to view
the activity carried on in the pleasure ground, the appropriate fee
specified in Part 11 of the Schedule;





(b)if an admission fee is charged to members of the public to view
the activity carried on-
(i) in a pleasure ground specified in Part Ill of the Schedule,
a fee of 10% of the gross receipts or the sum of $100
whichever is the greater;
QA) subject to subparagraph (c), in a pleasure ground specified in
Part IV of the Schedule the appropriate fee specified in Part
IV of the Schedule; (L.N. 379 of 1980)
(ii) in a pleasure ground other than a pleasure ground specified
in Part III or Part IV of the Schedule a fee of 10% of the
gross receipts or the sum of $50 whichever is the greater;
(L.N. 158 of 1975; L.N. 379 of 1980)
(c) if sources of income other than admission fees are dericved from
the letting of a pleasure ground specified in part IV of the
Schedule, in addition to any other charge the percentages of
the gross receipts from the sources specified in part V of the
Schedule.(L.N.379 of 1980)
(L.N. 168 of 1970)
(5) The fee payable under paragraph (4)(b) by-
(a)a religious, charitable or welfare organization recommended by
the Secretary for Home Affairs; or

(b) an educational institution recommended by the Director of
Education,
shall be 1 % of the gross receipts or the sum of $50 whichever is the greater.
(L.N. 168 of 1970; L.N. 158 of 1975)
(6) (Repealed L.N. 316 of 1977)
(7) The Council may reduce, waive or remit any fee payable under
paragraph (4) or (5). (L.N. 168 of 1970)

19. Prohibition of games being played when
the condition of the ground is unfit

No person shall, in any part of any pleasure ground which may have been
set apart by the Council for any game, play or take part in any game when the
state of the ground or other cause makes it unfit for use and a notice or signal is
set up in some conspicuous position prohibiting play in that part of such
pleasure ground.

20. Erection of structures, trading and camping

(1) No person shall, in any pleasure ground-
(a) erect any post, rail, fence, pole, tent, booth, stand, building or
other structure, or bring or allow to remain any materials for





such a building or structure, without the permission in writing of
the Council;
(b)hand, spread or deposit any linen or fabric for drying or
bleaching;
(c)sell, or offer or expose for sale, or let to hire, or ofrer or expose
for letting to hire, any commodity or article, unless, in pursuance
of an agreement with the Council or otherwise in exercise of any
lawful right or privilege, such person is authorized to sell or let to
hire in such pleasure ground such commodity or article; or
(d) save with the permission in writing of the Council, camp out.
(2) Any post, rail, fence, pole, tent, booth, stand, building or other
structure or any building material for such booth, stand, building or other
structure which is brought onto or remain on any pleasure ground without the
permission in writing of the Council or contrary to any conditions therein, may
be removed by the Council and, if unclaimed after a period of 7 days, may be
sold. The owner of such materials shall be liable for the cost of removal and
sale.
(3) When any building materials are sold by the Council under paragraph
(2) the proceeds shall be forwarded to the owner, less the costs of removal and
sale. (L.N. 89 of 1971)

21. Obstructions to visitors or keepers
No person shall, in any pleasure ground, wilfully obstruct, disturb,
interrupt or annoy any other person in the proper use of the pleasure ground,
wilfully obstruct, disturb or interrupt any keeper or other public officer in the
proper execution of his duty, or any person or servant of any person lawfully
employed or engaged by any keeper or public officer for the execution of any
work in connection with the laying out or maintenance of such pleasure
ground, and no person shall enter or remain in, or in any other way trespass
upon, any part of any pleasure ground which is maintained by the Council for
storage, offices or any similar administrative purpose or as a workplace.

22. Prohibition of use of obscene language
No person shall, in any pleasure ground, use any obscene language to the
annoyance of any person.

23. Prohibition of spitting, litter, improper
use of seats, etc., sorting rubbish
No person shall, in any pleasure ground-
(a) spit;
(b)throw any litter, paper or rubbish, save into the bins or
containers provided for such purpose;





(c) put his feet on any seat;
(d) lie upon any seat or lie down in any building therein; or
(e) sort rags, bones, refuse or matter of like nature.

24. Children's playgrounds

Where the Council has specified that any pleasure ground or any part of
any pleasure ground is to be used as a children's playground, the Council, may,
by notice conspicuously displayed in such playground, restrict the use thereof to
such persons and to such purposes as may be specified in such notice.

25. Music and singing

Save where the Council has, in writing, permitted the operation or playing
of, or the making of any sounds by means of, any such instrument or the
singing of any song, no person shall, in any pleasure ground, to the annoyance
of any other user thereof operate or play, or make any sounds on, any musical
or other instrument, including any gramophone or radio apparatus or sing any
song.

26. Unclean persons

No person in a verminous or filthy condition shall enter or remain in any
pleasure ground.

27. No begging, etc.

No person shall beg or gather alms or, for the purpose of gathering alms,
expose or exhibit any sores, wounds or bodily ailments or deformity.

28. Public addresses, etc.

Save with the permission in writing of the Council, no person shall, in any
pleasure ground, deliver, utter or read any public speech, lecture, prayer,
scripture or sermon, or enter into any public discussion, or hold, or cause to be
held, or take part in, any public meeting or procession.

29. The Cenotaph

(1) No unauthorized person shall go upon or across the grass within the
Cenotaph site.
(2) No person shall sit or lie down upon the steps of the Cenotaph or
upon any kerb in or surrounding the Cenotaph site.
(3) No person shall loiter upon the Cenotaph site.





30. Offences and penalties
Any person who-
(a)contravenes any of the provisions of bylaw 6, 7, 8, 9, 10, 11, 12,
13, 14(1) or (3), 15, 16, 18(1) or (2), 19, 20, 21, 22, 23, 25, 26, 27,
28, or 29; (L.N. 158 of 1975; L.N. 56 of 1977)
(b)when driving any vehicle in a pleasure ground, refuses or wilfully
fails to stop when called upon to do so, by signal or otherwise, by
any keeper or other public officer acting in the execution of his
duty; or
(c)fails to comply with any of the requirements of any notice
displayed under the provisions of bylaw 17 or 24,
shall be guilty of an offence and shall be liable on summary conviction to a fine
of $500 and to imprisonment for 14 days.

31. Name in which proceedings for
offences may be brought
Without prejudice to the provisions of any other enactment relating to the
prosecution of criminal offences and without prejudice to the powers of the
Attorney General in relation to the prosecution of such offences, prosecutions
for an offence under any of the provisions of these bylaws may be brought in
the name of the Council.

32. Power to remove persons contravening bylaws, etc.
Any person who, in any pleasure ground, contravenes any of the
provisions of these bylaws or of any rule made under the provisions of section
110 of the Ordinance or the requirements of any notice displayed under the
provisions of bylaw 17 or 24 may be removed therefrom by any keeper, or by
any other public officer authorized in that behalf by the Council, in any of the
following cases-
(a)where the contravention is committed within the view of such
keeper or public officer, and the name and residence of such
person are unknown to, or cannot readily be ascertained by, such
keeper or public officers; and
(b)where the contravention is committed within the view of such
keeper or public officer and, from the nature of the contravention
or from any other fact of which such keeper or public officer may
have knowledge or of which he may be credibly informed, such
keeper or public officer has reasonable ground for believing that
the continuance in the pleasure ground of such person may result
in another such contravention or that the removal of such person
from the pleasure ground is otherwise necessary for the proper
regulation thereof.





SCHEDULE [bylaws

PARTI
ADMISSION FEES

Fee
item Pleasure Ground per adult per child
1. (Repealed L.N. 56 of 1977)

PART II
SCALE OF FEES

Item Facility Period Fees
1. FOOTBALL
(a) Use of each pitch for
sport
(i) Association pitch 1 hours or part 45.00
thereof
(ii) Miniature pitch 1 hours or part 25.00
thereof
(iii) Poly-turf pitch 1 hours or part 45.00
thereof
a pitch is used by persons all of whom are of or over the age of 60 years other than
urdays, Sundays and public holidays or after 5 p.m. on any other day, then the fee
shall be half that shown. (L.N.90 of1989)

(b) Use of each pitch for any 8 a.m. to 12 noon or 5,000.00
other purpose 1 p.m. to 5 p.m. or
any 4 hours or part
thereof after 5 p.m.
8 a.m. to 5 p.m.10,000.00
(c) Use offloodlights at each 1 hours or part 40.00 t
pitch thereof
(L.N. 17 of1988)
2. RUGBY
(a) Use of each pitch for 1 hours or part 45.00
sport thereof
Whereapitc is used by persons all ofwhom are ofor over the age of60 years other than
on Saturdays , Sundays and public holidays or after 5 p.m. on any other day, then the fee
shall be half that shown. (L.N. 90 of1989)



(b) Use of each pitch for any 8 a.m. to 12 noon or 5,000.00
other purpose 1 p.m. to 5 p.m. or
any 4 hours or part
thereof after 5 p.m.
8 a.m. to 5 p.m.10,000.00
(c) Use of floodlights at each 11 hours or part 40.0
pitch thereof Z-F-0-0






(L.N. 17of 1988)





Item Facility Period Fees

3. HOCKEY
(a) Use of each pitch for 1 hours or part 45.00
sport thereof
Where pitch is used by persons all of whom are of or over the age of 60 years other than
on Saturdays, Sundays and public holidays or after 5 p.m. on any other day, then the fee
shall be half that shown. (L.N. 90 of 1989)


(b) Use of each pitch for any 8 a.m. to 12 noon or 5,000.00
other purpose 1 p.m. to 5 p.m. or
any 4 hours or part
thereof after 5 p.m.
8 a.m. to 5 p.m.10,000.00
(c) Use of floodlights at each 11 hours or part 4WM LM-?zg1qv
pitch thereof
(L.N. 170 of 1988)
4. SQUASH
(a) For courts other than1 hour or part 10.00 per court.
Exhibition Court at Hong thereof 16.00 per court when
Kong Squash Centre air-conditioning
system is in
operation.
Where a court is used by person all of whom are of or over the age of 60 years other than
on saturdays,Sundays and public hoildays or after 5 p.m. on any other day, then the fee
shall be half that shown.



(b) Exhibition Court at Hong 1 hour or part 64.00
Kong Squash Centre thereof
(c) For courts when used for 4 hours or part 5,000.00
any purpose other than thereof
playing squash games 8 hours or part 10,000.00
thereof
(L.N. 90 of 1989)
5.TENNIS
For each Hard Surface Court hour or part 36.00 when floodlights are used
(other than Victoria Park thereof at any time for any period
Centre Court) of 1 hour or part thereof,
when no floodlights are
used-
25.00 (a)for any period of I
hour or part thereof
on a Saturday,
Sunday, or public


holiday, or after 5
p.m. on any other
day;
17.00 (b)for any period of 1
hour or part thereof
at any other time.
Where a court is used by persons all of whom are of or over the age of 60 years other than on
Saturdays, Sundays and public holidays or after 5 p.m. on any other day, then the fee shall be
half that shown. (L.N. 90 of 1989) Is





Item Facility Period Fees

Victoria Park Centre Court
(a) When used for the1 hour or part 72.00 when floodlights are used
purpose of playing tennis thereof at any time for any period
games of 1 hour or part thereof,
when no floodlights are
used-
50.00 (a)for any period of 1
hour or part thereof
on a Saturday,
Sunday, or public
holiday, or after 5
p.m. on any other
day;
34.00 (b)for any period of 1
hour or part thereof
at any other time.
(b) When used for any per day or part 5,000.00
purpose other thereof
playing tennis games 4,0. O-C (L.N. 122 of 1988)

6. LAWN BOWLS 1 hour 30.00 per rink subject to a
maximum of 8 players at
any one time. (L.N. 97
of 1983; L.N. 85 of 1984;
L.N. 230 of 1986)
Where a rink is used by persons all of whom are of or over the age of 60 years, then the fee
shall be half that shown. (L.N. 90 of 1989)

7. ATHLETIC MEETING
(a) Use of each sports 8 a.m. to 12 noon or 270.00
(othei than Wan Chai 1 p.m. to 5 p.m. or
Sports Ground, sham any 4 hours or part
Shui 1 o Sp ts Ground thereof after 5 p.m.
and Kowloon Bay Sports 8 a.m. to 5 p.m. 450.00
Ground), athletic
equipme t and public
address ystem, therein for
sport
(b) Use of Wan Chai Sports 8 a.m. to 12 noon or 405.00
Ground, sham shui Po 1 p.m. to 5 p.m. or
Sport Ground or any 4 hours or part
thereof after 5 p.m.
Ground, athletic 8 a.m. to 5 p.m. 675.00
ement and public
system
address therein for
sport


(c) Use of each sports ground8 a.m. to 12 noon or 5,000.00
for any other purpose1 p.m. to 5 p.m. or
any 4 hours or part
thereof after 5 p.m.
8 a.m. to 5 p.m.10,000.00





Item Facility Period Fees
(d) Use of electronic 8 a.m. to 12 noon or 500.00
scoreboard, timing 1 p.m. to 5 p.m. or
equipment, starting pistolany 4 hours or part
and walkie-talkies at Wan thereof after 5 p.m.
Chai Sports Ground 8 a.m. to 5 p.m.

(e) Use of electronic timing,8 a.m. to 12 noon or la& 00
photo-finish equipment 1 p.m. to 5 p.m. or
and walkie-talkies at each any 4 hours or part
sports ground other than thereof after 5 p.m.
Wan Chai Sports Ground
8 a.m. to 5 p.m. 250.00
(f) floodlights at each 1 hour or part 30.00
sports ground thereof (L.N. ]7of 1988)

8. ATHLETIC TRAINING
(a) Use, of (G No
charge
(b) Use of A letic No
Equipment charge
(c) Use blic Address No
system (L.N. 55 of charge
1979)

9. (Repealed L.N. 90 of 1989)
10.0
10. OBSTACLE GOLF per game 3W. per person.
COURSE
(L.N. 97 of 1983; L.N. 230 of 1986)
Where a course is used by a person of or over the age of 60 years, then the fee shall be half that
shown. (L.N. 90 of 1989)

11. INDOOR GAMES
HALL
(a) Use of one basketball 1 hour or part 88.00 per court.
court thereof 138.00 percourtwhen
air-conditoning
system is in operation.
Where a basketball_court is used by persons all of whom are of or over the age of 60 years
other than on Saturdays, Sundays and public holidays or after 5 p.m. on any other day,
then the fee shall be half that shown.


(b) Use of one badminton 1 hour or part 22.00 per court.
court thereof 34.00 per court when
air-conditioning
system is in operation.
Where a badminton court is used by person all of whom are of or over the age of 60 years
other than on Saturdays,Sundays d public holidays or after 5 p.m. on any other day,
then the fee shall be half t\hshown.





Item Facility Period Fees
(c) Use of one table tennis 1 hour or part 7.00 per table.
table thereof
13.00 per table when
air-conditioning
system is in operation.

Where a table tennis stable is used by persons all of whom are of or over the age of 60 years
other than on Saturdays
,, Sundays and public holidays or after 5 p.m. on any other day,
then the fee shall be half that shown.

(d) Use of public address 1 hour or part 15.00 inside a games
system thereof room.

38.00 within the arena.

(e) Use of whole games room 1 hour or part 15.00
(for activities other than thereof
individual hire for table 27.00 when air-conditioning
tennis) system is in operation.

Where the whole of games room is used by persons all of whom are of or over the age of
60 years other than onkturdays, Sundays and public holidays or after 5 p.m. on any
other day, then the fee shallhbe half that shown.

Use of activity room 1 hour or part 10.00 perperson.
thereof

Where an activity room is used by a person who is of or over the age of 60 years other
than on Saturdays, Sundays and public holidays or after 5 p.m. on any other day, then the
fee shall be half that show .

(g) Use of dance room is used by hour or part 10.00 per person.
thereof
Where a dance sed by a person who is of or over the age of 60 years other than
on Saturday Sundays public holidays or after 5 p.m. on any other day, then the fee
shall be half

(h) Use of the indoor games 4 hours or part 5,000.00
hall or any facility thereinthereof
for any purpose other
than sports by any hirer8 hours or part 10,000m
other than a non-profitthereof
making organization
(L.N. 90 of 1989)

12. FACILITIES IN LEI
YUE MUN PARK

(a) Use of the park and the 10.00 a.m. to 4.30 15.00per person per day on
recreational and sports p.m. Saturdays, Sundays and
facilities therein under the public holidays
'Day Camp' programme
organized by the Council 10.00 per person per day on any
other day





Item Facility Period Fees
(b) Use of the park and the 2.30 p.m. to 1.00 50.00 per person for a period
recreational and sports p.m. on the commencing on a
facilities therein and following day Saturday or on any day
overnight accommodation immediately preceding a
in family type residential public holiday from 1
units under the May to 31 October (both
'Overnight Camp' dates inclusive)
programme organized by
the Council 40.00 per person for a period
commencing on any other
day from 1 May to 31
October (both dates
inclusive)
40.00 per person for a period
commencing on a
Saturday or on any day
immediately preceding a
public holiday from 1
November to 30 April
(both dates inclusive)
30.00 per person for a period
commencing on any other
day from 1 November to
30 April (both dates
inclusive)

(e) Use of the park and the 2.30 p.m. to 1.00 45.00 per person for a period
recreational and sports p.m. on the commencing on a
facilities therein and following day Saturday or on any day
9vernight accommodation immediately preceding a
in group type residential public holiday from 1
units under the May to 31 October (both
'Overnight Camp' dates inclusive)
programme organized by
the Council 35.00 per person for a period
commencing on any other
day from 1 May to 31
October (both dates
inclusive)
35.00 per person for a period
commencing on a
Saturday or on any day
immediately preceding a
public holiday from 1
November to 30 April
(both dates inclusive)
25.00 per person for a period
commencing on any other
day from 1 November to
30 April (both dates
inclusive)
(L.N. 17 of 1988)





PART III
1. (Repealed L.N. 73of 1978)
2. The enclosed running track area of the Aberdeen sports ground.
3. The Morse Park open-air theatre.
4. The Blake Pier roof-top garden.
5. The enclosed running track area of Kowloon Tsai Park. (L.N. 73 of 1978)
6. The Wan Chai sports ground. (L.N. 55 of 1979)

(L.N. 168 of 1970)

PARTIV

Item Pleasure Ground Fee
1. Victoria Park Centre Court the fees specified in item 5 in Part II plus 20%
(L.N.236 of 1987) of admission fees
2. King's park Hockey Ground 14% of admission fees but not less than
(L.N. 402 of 1981)
3. Exhibition Court at Hong Kong Squash the fees specified in item 4 in Part 11 plus 20%
Centre (L.N. 236 of 1987) of admission fees.
(L.N. 379 of 1980)

PART V

Item Source of Income Percentage of Gross Receipts
1. Television rights
For pleasure grounds other than 10
Victoria Park Centre Court or Exhibition
Court at Hong Kong Squash Centre
V40tow~a-%?k &CkCAECC~ 20
Exhibition Court at Hong Kong Squash
Centre (L.N. 236 of 1987)
2. Advertising rights 20
3. Hiring out of display booths 20
4. Letting out of a Catering Contract 20
(L.N. 385 of 1980)
5. Any other source not specified in items 1 to 4 20
(L.N. 379 of 1980)
(L.N. 76 of 1964)

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/2618

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

17
]]>
Tue, 23 Aug 2011 18:09:16 +0800
<![CDATA[PLEASURE GROUNDS (REGIONAL COUNCIL) BYLAWS]]> https://oelawhk.lib.hku.hk/items/show/2617

Title

PLEASURE GROUNDS (REGIONAL COUNCIL) BYLAWS

Description






PLEASURE GROUNDS (REGIONAL COUNCIL) BYLAWS

ARRANGENKNT OF BYlAWS

Bylaw Page
1. Citation ............................BD 2
2. Application .........................BD 2
3. Interpretation ......................BD 2
4. Periods during which pleasure grounds may be closed to the public BD 2
5. Admission charges ...................BD 3
6. Persons not to enter closed pleasure grounds BD 3
7. General behaviour ...................BD 3
8. Protection of property ..............BD 4
9. Protection of grass and flower-beds .BD 4
10......................................Protection of growing plants BD 4
11......................................Protection of artificial lakes, ponds, birds and animals BD 4
12......................................Dogs BD 5
13......................................Cattle, sheep, goats, etc . BD 5
14......................Vehicles .......; BD 5
15......................................Bills and notices BD 6
16......................Missiles, guns, catapults, etc . ................. BD 6
17......................................Kites, model aircraft, balloons, etc . BD 6
18......................................Parts of pleasure grounds set aside for specified games BD 6
19......................................Prohibition of games being played when the condition of the ground is unfit BD 7
20......................................Erection of structures, trading and camping BD 8
21......................................Obstructions to visitors or keepers BD 8
22......................................Prohibition of use of obscene language BD 9
23......................................Prohibition of spitting, litter, improper use of seats, etc., sorting rubbish BD 9
24................................Children's playgrounds ................. BD 9
25......................................Music and singing BD 9
26......................................Unclean persons BD 9
27......................................No begging, etc . BD 10
28................................Public addresses, etc . ................. BD 10
29......................................Offences and penalties BD 10
30......................................Name in which proceedings for offences may be brought BD 10
31......................................Power to remove persons contravening bylaws, etc . BD 10
Schedule ...........................................................................................................................
..........................................BD 11





PLEASURE GROUNDS (REGIONAL COUNCIL) BYLAWS

(Cap. 132, section 109)
[1 December 19721L.N. 243 of 1972

Originally 79 of 1971 - L.N. 178 of 1977, L.N. 135 of 1980, L.N. 294 of 1980, L.N. 370 of 1981,
L.N. 346 of 1982, L.N. .14 of 1983, L.N. 1 of 1984, L.N. 67 of 1985, L.N. 18 of 1986, L.N. 71 of
1986, 10 of 1986, L.N. 150 of 1987, L.N. 246 of 1987, L.N. 355 of 1987, R. Ed. 1987, L.N. 175
of 1988, L.N. 76 of 198 L.N. 198 of 1988, L.N. 322 of 1988, L.N. 227 of 1989, L.N. 228 of
1989. zly, ro, 4v -V~

1. Citation

These bylaws may be cited as the Pleasure Grounds (Regional Council)
Bylaws.
(10 of 1986 s. 32(2)

2. Application

These bylaws apply to the Regional Council area only.

(10 of 1986 s. 32 (2) )

3. Interpretation

In these bylaws, unless the context otherwise requires-
'Council' means the Regional Council;
'keeper' means any person appointed under section 111 of the Ordinance to be
a keeper of a public pleasure ground;
'pleasure ground' means any public pleasure ground specified in the Fourth
Schedule to the Ordinance, not being a bathing beach, which is situated in
the Regional Council area.
(10 of 1986 s. 32(2)

4. Periods during which pleasure grounds
may he closed to the public

(1) Subject to paragraph (2), every pleasure ground shall be open to the
public at all times.
(2) A pleasure ground or any part thereof shall be closed to the public
between such hours and on such days as the Council may by order specify.
(10 of 1986 s. 32(2) )
(3) Any order made under paragraph (2) shall be posted conspicuously at
each entrance of the pleasure ground concerned.





5. Admission charges
(1) Every member of the public on entering any part of any pleasure
ground which is being used by the Council for holding an entertainment shall
pay such fee as the Council may determine in relation to that entertainment.
(2) Subject to the provisions of paragraph (3), where, under section 108(2)
of the Ordinance, the exclusive use of any pleasure ground or part thereof or of
any facilities provided therein is allocated to any person, the fee shall be-
(a) if no fee is charged to members of the public to view the activity
carried on in the pleasure ground, the appropriate fee specified in
Part 1 of the Schedule;
(b) if an admission fee is charged to members of the public to view
the activity carried on-
(i) in a pleasure ground specified in Part 11 of the Schedule,
a fee of 10% of the gross receipts or the sum of 5500
whichever is the greater; (L.N. 246 of 1987)
(ii)in a pleasure ground other than a pleasure ground specified
in Part 11 of the Schedule, a fee of 10% of the gross receipts
or the sum of $250 whichever is the greater. (L.N. 246 of
1987)
(3) The fee payable under paragraph (2)(b) by-
(a) a religious, charitable or welfare organization recommended by
the Secretary for Home Affairs; or (L.N. 370 of 1981; L.N. 14
of 1983; L.N. 262 of 1989)
(b) an educational institution recommended by the Director of
Education,
shall be 1 % of the gross receipts or the sum of $250 whichever is the greater.
(L.N. 246 of 1987)
(4) The Council may reduce, waive or remit any fee payable under
paragraph (2) or (3).
(5) (Repealed L.N. 150 of1987)
(10 of 1986 s. 32(2)

6. Persons not to enter closed pleasure grounds

No person shall enter or remain in any pleasure ground during any period
when the pleasure ground is closed to the public by an order made under
bylaw 4, unless duly authorized by the keeper of the pleasure ground or by any
other public officer having authority in that behalf.
(10 of 1986 s. 32(2)

7. General behaviour
No person while in any pleasure ground shall behave otherwise than in an
orderly and decent manner or be otherwise than properly clothed.





8. Protection of property

No person shall, in any pleasure ground-
(a)wilfully or negligently deface, injure, soil or defile any wall or any
fence in or enclosing the pleasure ground or any building, barrier,
railing' post, scat or boundary stone, or any erection, equipment
or ornament of any kind whatever;
(b)climb any wall or fence in or enclosing the pleasure ground, or
any tree, or any barrier, railing, post or other erection; or
(c)wilfully or negligently remove any implement or equipment
provided for use in any pleasure ground.

9. Protection of grass and flower-beds

No person shall, in any pleasure ground, walk, run, stand, sit or lie upon-
(a)any grass, turf or other place where notice to keep off such grass,
turf or other place is exhibited; or
(b)any flower-bed, shrub or plant or any ground in course of
preparation as a flower-bed or for the growth of any tree, shrub
or plant.

10. Protection of growing plants

No person shall, in any pleasure ground-
(a) remove, cut or displace any soil, turf or plant;
(b)pluck or damage any bud, blossom or leaf of any tree, shrub or
plant, or damage any part of any tree, shrub or plant.

11. Protection of artificial lakes, ponds, birds and animals

No person shall, in any pleasure ground-
(a)bathe, wade or wash in any ornamental lake, pond, stream or
water;
(b) wilfully or negligently foul or pollute any such water;
(c)take, injure, or destroy, or attempt to take, injure or destroy,
any fish in any such water, or wilfully disturb or worry any
waterfowl;
(d)wilfully displace or disturb, injure or destroy any bird's nest or
bird's eggs;
(e)take, injure or destroy any bird, or spread or use any net, or set
or use any snare or other engine, instrument or means, for the
taking, injury or destruction of any bird;
(f) wilfully disturb, harry or ill-treat any animal, bird or fish kept in
any pleasure ground.





12. Dogs

(1) No person shall cause or suffer any dog or other pet animal belonging
to him, or in his charge, to enter or remain in any pleasure ground unless under
proper control and effectively restrained from causing annoyance to any
person, from worrying or disturbing any animal, bird or waterfowl and from
entering any ornamental water.
(2) Where in any pleasure ground there is placed a notice prohibiting
dogs or prohibiting dogs except on a lead, no person shall bring any dog into or
allow any dog to remain in such pleasure ground in contravention of the terms
of such notice.

13. Cattle, sheep, goats, etc.

(1) No person shall bring, or cause to be brought, into any pleasure
ground any cattle, horses, sheep, goats, pigs or poultry or any beast of draught
or burden, unless, in pursuance of an agreement with the Council or otherwise
in the exercise of any lawful right or privilege, he is authorized to do so. (10 of
1986 s. 32(2) )
(2) Any cattle, horse, sheep, goat, pig or poultry or any beast of draught
or burden found in any pleasure ground in contravention of paragraph (1) may
be seized by the keeper and delivered into the custody of a police officer.
(3) Any animal delivered into the custody of a police officer pursuant to
paragraph (2) shall be deemed to have been seized by the police officer under
the Pounds Ordinance (Cap. 168).

14. Vehicles

(1) No person shall, except in the exercise of any lawful authority or
privilege, bring or cause to be brought into, or ride in, any pleasure ground any
barrow, truck, vehicle or wheeled bicycle or tricycle or carry any load therein:
Provided that, where the Council sets apart a space in such pleasure
ground for the use of any class of vehicle, this bylaw shall not prohibit the
driving in or to that space by a direct route from the entrance to such pleasure
ground of any vehicle of the class for which it is set apart.
(2) The provisions of paragraph (1) shall not apply to-
(a)any wheel-chair, perambulator or similar vehicle which is
propelled, drawn or carried by hand and used solely for the
conveyance of a child or an invalid; or
(b)any wheeled tricycle used in a pleasure ground by a child with the
consent of the keeper of the pleasure ground.
(3) If any person brings a vehicle into any pleasure ground, he shall not
wheel or station it over or upon-





(a)any flower-bed, shrub, plant or any ground in course of
preparation as a flower-bed or for the growth of any tree, shrub
or plant;
(b)any part of such pleasure ground where the Council, by a notice
affixed or set up in some conspicuous position in such pleasure
ground, prohibits its being wheeled or stationed.
(10 of 1986 s. 32(2)

15. Bills and notices

Save with the permission in writing of the Council and subject to such
conditions as may be imposed by the Council, no person shall affix any bill,
placard or notice to any tree or plant or to or upon any part of any building,
barrier, railing,seat or any other erection or ornament in the pleasure ground.
(10 of 1986 s. 32(2)

16. Mssiles, guns, catapults, etc.

Subject to the provisions of by-law 18, no person shall, in any pleasure
ground, wilfully or negligently throw or discharge any missile or shoot with any
gun, airgun, bow and arrow or catapult or other devices.
(10 of 1986 s. 32 (2)

17. Kites, model aircraft, balloons, etc.

(1) The Council may, by notice conspicuously displayed in any pleasure
ground, restrict or prohibit the flying of kites, model aircraft, balloons or other
devices.
(2) Any restriction or prohibition imposed by the Council pursuant to the
provisions of paragraph (1) shall be construed in addition to and not in
derogation from any restrictions or prohibitions apply to Hong Kong by virtue
of the Air Navigation (Overseas Territories) Order 1977 (App. 111 p. DP 1).
(L.N. 346 of 1982)
(10 of 1986 s. 32 (2)

18. Parts of pleasure grounds set
aside for specified games

(1) Where the Council has set apart any part of any pleasure ground, and
described the part so set apart in a notice affixed or set up in some conspicuous
position in such pleasure ground, for the purpose of any game specified in the
notice, which, by reason of the rules or manner of playing thereof, or for the
prevention of damage, danger or discomfort to any person in the pleasure
ground, may necessitate, at any time during the continuance of the game, the





exclusive use by the player or players of any space in such part of the pleasure
ground, no person shall in any space elsewhere in the pleasure ground play or
take part in any game specified in such notice in such a manner as to exclude
persons not playing or taking part in the game from the use of such space.
(2) No person resorting to any pleasure ground and playing or taking
part in any game for which the exclusive use of any part of any pleasure ground
has been set apart under this regulation shall-
(a)play on such part any game other than the game for which it is
set apart;
(b)in preparing for playing and in playing, wilfully or negligently
interfere with the proper use of the pleasure ground by other
persons;
(e)when the part is already occupied by other players, begin to play
thereon without their permission:
Provided that, where the Council has allocated the part for
a particular period of time to such other players, no person
shall begin to play thereon without the permission of such other
players within such period;
(d)play on a grass court, or other grass covered pitch, any game
without the permission of the Council;
(e)except in relation to hard surface tennis courts and save where
the exclusive use of the part has been granted by the Council for
the playing of a match, competition or event in which he is taking
part, use the space for a longer time than 1 hour continuously.
(L.N. 178 of 1977)
(2A) Any rules made under section 110 of the Ordinance to prescribe the
period during which any person may play or otherwise use a hard surface tennis
court in a pleasure ground shall not apply where the exclusive use of such a
court has been granted by the Council in writing for the playing of a match,
competition or event. (L.N. 178 of 1977)
(3) For the purposes of this bylaw, the expression 'game' includes classes
of physical training and such other organized activities as may, from time to
time, be approved by the Council.
(4) The Council may, in its discretion and for the better management of
any pleasure ground, delegate in respect thereof all or any of the powers vested
in it by the provision of this bylaw.
(10 of 1986 s. 32 (2)

19. Prohibition of games being played when
the condition of the ground is unfit

No person shall, in any part of any pleasure ground which may have been
set apart by the Council for any game, play or take part in any game when the





state of the ground or other cause makes it unfit for use and a notice or signal
is set up by a public officer of the Regional Services Department in some
conspicuous position prohibiting play in that part of such pleasure ground.
(L.N. 67 of 1985; 10 of 1986 s. 32 (2)

20. Erection of structures, trading and camping

(1) No person shall, in any pleasure ground-
(a)erect any post, rail, fence, pole, tent, booth, stand, building or
other structure, or bring or allow to remain any materials for
such a building or structure, without the permission in writing of
the Council;
(b)hang, spread or deposit any linen or fabric for drying or
bleaching;
(c)sell, or offer or expose for sale, or let to hire, or offer or expose
for letting to hire, any commodity or article, unless, in pursuance
of an agreement with the Council or otherwise in exercise of any
lawful right or privilege, such person is authorized to sell or let to
hire in such pleasure ground such commodity or article; or
(d) save with the permission in writing of the Council, camp out.
(2) Any post, rail, fence, pole, tent, booth, stand, building or other
structure or any building material for such booth, stand, building or other
structure which is brought onto or remains on any pleasure ground without the
permission in writing of the Council or contrary to any conditions therein, may
be removed by the Council and, if unclaimed after a period of 7 days, may be
sold. The owner of such materials shall be liable for the cost of removal and
sale.
(3) When any building materials are sold by the Council under para-
graph (2) the proceeds shall be forwarded to the owner, less the costs of
removal and sale.
(10 of 1986 s. 32(2)

21. Obstructions to visitors or keepers

No person shall, in any pleasure ground-
(a)wilfully obstruct, disturb, interrupt or annoy any other person in
the proper use of the pleasure ground;
(b)wilfully obstruct, disturb or interrupt any keeper or other public
officer in the proper execution of his duty, or any person or
servant of any person lawfully employed or engaged by any
keeper or public officer for the execution of any work in
connection with the laying out or maintenance of such pleasure
ground; or





(c)without the consent of the keeper, enter or remain in, or in any
other way trespass upon, any part thereof which is maintained
by the Council for storage, offices or any similar administrative
purpose or as a workplace.(10 of 1986 s. 32(2) )

22. Prohibition of use of obscene language

No person shall, in any pleasure ground, use any obscene language to the
annoyance of any person.

23.Prohibition of spitting, litter, improper
use of seats, etc., sorting rubbish

No person shall, in any pleasure ground-
(a) spit;
(b)throw any litter, paper or rubbish, save into the bins or
containers provided for such purpose;
(c) put his feet on any seat;
(d) lie upon any seat or lie down in any building therein; or
(e) sort rags, bones, refuse or matter of like nature.

24. Children's playgrounds

The Council may specify that any pleasure ground or any part of any
pleasure ground shall be used as a children's playground, and may, by notice
conspicuously displayed in such playground, restrict the use thereof to such
persons and to such purposes as may be specified in such notice.
(10 of 1986 s. 32(2)

25. Music and singing

Save where the Council has, in writing, permitted the operation or playing
of, or the making of any sounds by means of, any such instrument or the
singing of any song, no person shall, in any pleasure ground, to the annoyance
of any other user thereof, operate or play, or make any sounds on, any musical
or other instrument, including any gramophone or radio apparatus, or sing any
song.
(10 of 1986 s. 32(2)

26. Unclean persons

No person in a verminous or filthy condition shall enter or remain in any
pleasure ground.





27. No begging, etc.

No person shall beg or gather alms or, for the purpose of gathering alms,
expose or exhibit any sores, wounds or bodily ailments or deformity.

28. Public addresses, etc.

Save with the permission in writing of the Council, no person shall, in any
pleasure ground, deliver, utter or read any public speech, lecture, prayer,
scripture or sermon, or enter into any public discussion, or hold, or cause to he
held, or take part in, any public meeting or procession.
(10 of 1986 s. 32(2)

29. Offences and penalties

Any person who-
(a)contravenes any of the provisions of bylaw 6, 7, 8, 9, 10, 11, 12,
13, 14(1) or (3), 15, 16, 18(1) or (2), 19, 20, 21, 22, 23, 25, 26, 27
or 28;
(b)when driving any vehicle in a pleasure ground, refuses or wilfully
fails to stop when called upon to do so, by signal or otherwise, by
any keeper or other public officer acting in the execution of his
duty; or
(c)fails to comply with any of the requirements of any notice
displayed under the provisions of bylaw 17 or 24,
shall be guilty of an offence and shall be liable on conviction to a fine of $500
and to imprisonment for 14 days.
(10 of 1986 s. 32(2)

30. Name in which proceedings for
offences may he brought

Without prejudice to the provisions of any other enactment relating to the
prosecution of criminal offences and without prejudice to the powers of the
Attorney General in relation to the prosecution of such offences, prosecutions
for an offence under any of the provisions of these bylaws may be brought in
the name of the Council.
(10 of 1986 s. 32 (2)

31. Power to remove persons contravening bylaws, etc.

Any person who, in any pleasure ground, contravenes any of the pro-
visions of these bylaws or of any rule made under the provisions of section





110 of the Ordinance or the requirements of any notice displayed under the
provisions of bylaw 17 or 24 may be removed therefrom by a keeper or by any
other public officer authorized in that behalf by the Council, in any of the
following cases-
(a)where the contravention is committed within the view of the
keeper or public officer, and the name and residence of such
person are unknown to, or cannot readily be ascertained by, the
keeper or public officer; and
(b)where the contravention is committed within the view of the
keeper or public officer and, from the nature of the contravention
or from any other fact of which the keeper or public officer may
have knowledge or of which he may be credibly informed, the
keeper or public officer has reasonable ground for believing that
the continuance in the pleasure ground of such person may result
in another such contravention or that the removal of such person
from the pleasure ground is otherwise necessary for the proper
regulation thereof.
(10 of 1986 s. 32(2)

SCHEDULE [bylaw 5]

PART 1

SCALE OF FEES

Item Facility Period Fees
Days other than
Sundaysand Sundaysand
public holidays public holidays
1. GRASS PITCH
(a) Use of pitch for sport- lhours or
part ire of
(i) by schools 45.00 45.00
(ii) by persons all of whom 90.00 45.00
are of or over the age of
60 years
(iii) by other persons 90.00 90.00
(b) Use of floodlights for sport- 1 hours or
part thereof
(i) by schools 55.00 55.00
(ii) by persons all of whom 55.00 27.00
are of or over the age of
60 years
(iii) by other persons 55.00 55.00





Item Facility Period Fees
Days other than
Sundaysand Sundaysand
public holidays public holidays
(c) Use of pitch for purposes other 11 hours o
than sport- part thereof
(i) by schools 500.00 500.00
(ii) by persons all of whom 500.00 250.00
are of or over the age of
60 years
(iii) by other persons 500.00 500.00
(d) Use of floodlights for purposes 11 hours or
other than sport- partthereof
(i) by schools 110.00 110.00
(ii) by persons all of whom 110.00 55.00
are of or over the age of
60 years
(iii) by other persons 110.00 110.00
(L.N. 227 of 1989)
2. ARTIFICIAL GRASS PITCH
(a) Use of pitch for sport- 11 hours or
partthereof
(i) by schools 50.00 35.00
(ii) by persons all of whom 100.00 35.00
are of or over the age of
60 years
(iii) by other persons 100.00 70.00
(b) Use of floodlights for sport- 11 hours or
part thereof
(i) by schools 55.0055.00
(ii) by persons all of whom 55.00 27.00
are of or over the age of
60 years
(iii) by other persons 55.00 55.00
(L.N. 227 of 1989)
3- SPORTS GROUND
(a) Use of ground for atl le c
u
meeting (including us -
athletic equipment and ublic
address system)-
(i) by schools 1 day 490.00 490.00
1 day 295.00 295.00
(ii) by persons other t n1 day 980.00 980.00
school day 590.00 590.00
(b) Use of ground for athletic No charge No charge
training (including use of
athletic equipment)
(c) Use of ground for purposes 2 hours 1,800.00 1,800.00
other than athletic meeting or
training
(d) Use of floodlights for a hletic 1 hour or 40.00 40.00
meeting or training. part thereof

(e) Use of floodlights for purposes , 1 hour or 80.00 80.00
other than athletic meeting or part thereof
training





Item Facility Period Fees

Days other than
Sundays and Sundaysand
public holidays public holidays

(f) Additional charge for ground 20% of gross 20% of gross
advertisement receipts receipts
(g) Additional charge for radio or 10% of gross 10% of gross
television broadcast receipts receipts
(L.N. 227 of 1989)

4. TENNIS COURT (Use by 1 our 25.00 per court 17.00 per court
persons all of whom are of or over 35.00 per court 35.00 per court
the age of 60 years on days other where where
than Saturdays, Sundays and floodlights floodlights
public holidays or by schools are used at are used at
during school hours is charged any time any time
half of the rates shown under this during any during any
item) period of one period of one
hour hour
(L.N. 198 of 1988; L.N. 322 of 1988)

5. LAWN BOWLING GREEN 1 hour 2.00 per person 2.00 per person

6. GOLF PUTTING GREEN per game 2.00 per person 2.00 per person

7. OBSTACLE GOLF COURSE per game 2.00 per person 2.00 per person

8. SQUASH COURT (use by
persons all of whom are of or over
the age of 60 years on days other
than Saturdays, Sundays and
public holidays or by schools
during school hours is charged
half of the rates shown under this
item)
(a) Air-conditioned courts 1 hour16.00 per court 12.00 per court
(b) Courts without 1 hour 10.00 per court 8.00 per court
air-conditioning (L.N. 322 of 1988)

Days other than
Saturdays, Saturdays,
Sundaysand Sundaysand
public holidayspublic holidays

9. INDOOR RECREATION
CENTRE
(a) Use of games hall for sports 1 hour

activities-
(i) whole hall containing

one basketball court; or
(ii)
half of a hall containing
2 basketball courts_





Item Facility Period Fees
Days other than
Saturdays, Saturdays,
Sundaysand Sundaysand
public holidays public holidays
(A) by schools 9 a.m. to 21.00 16.00
5 p.m. on
weekdays, 9 a.m. to
1 p.m. on
Saturdays;except
school holidays
(B) by persons all of 42.00 16.00
whom are of or
over the age of 60
years
(C) by others 42.00 32.00
(b) Use of games hall for activities 1 hour
other than sports-
(i) whole hall containing
one basketball court; or
(ii) half of a hall containing
2 basketball courts-
(A) by schools 9 a.m. to 42.00 32.00
5 p.m. on
weekdays, 9 a.m. to
1 p.m. on
Saturdays;except
school holidays
(B) by persons all of 84.00 32.00
whom are of or
over the age of 60
years
(C) by others 84.00 64.00
(c) Use of part of games hall for-
(i) badminton- 1 ho per
e
,0
(A) by schools 9 a.m. to 12.00 9.00
5 p.m. on
weekdays, 9 a.m. to
1 p.m. on
Saturdays;except
school holidays
(B) by persons all of 25.00 9.00
whom are of or
over the age of 60
years
(C) by others 25.00 18.00
(ii) table tennis- 1ur per
ta le
(A) by schools 9 a.m. to 4.00 3.00
5 p.m. on
weekdays, 9 a.m- to
1 p.m. on
Saturdays; exce t
school holidays





Item Facility Period $

Days other than
Saturdays, Saturdays,
Sundaysand Sundaysand
public holidays public holidays

(B) by persons all of 8.00 3.00
whom are of or
over the age of 60
years
(C) by others 8M 7.00
(d) Use of public address system in 1 hour or
relation to (a), (b) or (e)- part thereof
(i) by schools 9 a.m. to 1900 17.00
5 p.m. on weekdays,
9 a.m. to 1 p.m. on
Saturdays; except school
holidays
(ii) by persons all of whom 38.00 17.00
are of or over the age of
60 years
(iii) by others .00 35.00
(e) Use of whole activity room of 1 hour
10Om' or above-
(i) by schools 9 a.m. to 2.00 11.00
5 p.m. on weekdays,
9 a.m. to 1 p.m. on
Saturdays; except school
holidays
(ii) by persons all of whom 25.00 11.00
are of or over the age of
60 years
(iii) by others 25.00 22.00
Use of- 1 hour
(i) whole activity room
with a floor area of less
than 100m2; or
(ii) half of an activity room
with a floq area of
10Om' or above, for
activities other than
table tennis-
(A) by schools 9 a.m. to 6.00 5.00
5 p.m. on
weekdays, 9 a.m. to
1 p.m. on
1

Saturdays;except
school holidays
(B) by persons all (If 13.00 5.00
whom are of or
over the age of 60
years
(C) by others 13.00 11.00
(g) Use of public address system in 1 hour or
relation to (e) or (f )- part thereof





Item Facility Period Fees

Days other than
Saturdays, Saturdays,
Sundaysand Sundaysand
public holidays public holidays
(i) by schools 9 a.m. to 7.00 6.00
5 p.m. on weekdays,
9 a.m. to 1 p.m. on
Saturdays; except school
holidays
(ii) by persons all of whom 15.00 6.00
are of or over the age of
60 years
(iii) by others 15.00 13.00
(h) Use of part of an activity room 1 hour per
of any size for table tennis- table
(i) by schools 9 a.m. to 4.00 3.00
5 p.m. on weekdays,
9 a.m. to 1 p.m. on
Saturdays; except school
holidays
(ii) by persons all of whom 8.00 3.00
are of or over the age of
60 years
(iii) by others 8.00 7.00
(i) Use of air-conditioning in an 1 hour or
activity room of any size (in per thereof
Addition to fee for use of the
room)-
(i) by schools 9 a.m. to5.00 4.00
5 p.m. on weekdays,
9 a.m. to 1 p.m. on
Saturdays; except school
holidays
(ii) by persons all of whom 10.00 4.00
are of or over the age of
60 years
(iii) by others 10.00 9.00
Use of fitness equipment in any 1 hour per
activity room- person
(i) by schools 9 a.m. to 4.00 3.00
5 p.m. on weekdays,
9 a.m. to 1 p.m. on
Saturdays; except school
holidays
(ii) by persons all of whom 8.00 3.00
are of or over the age of
60 years
(iii) by others 8.00 7.00
(L.N. 228 of 1989)

For the purposes of this Part of the Schedule-
1 day'means the period in any one day from 8 o'clock in the morning to 5 o'clock in the
afternoon or any part of such period other than a period of 1 day; and





day' means the period in any one day-
(a) from 8 o'clock in the morning to 12 noon; or
(b)from 1 o'clock in the afternoon to 5 o'clock in the afternoon, or any part of any
such period.
(L.N. 246 of 1987)

PART 11

1 . The sports ground area of the Fanling Recreation Ground.
2. The sports ground area of the Tsuen Wan Sports Ground.
3. The sports ground area of the Cheung Chau Sports Ground.
4. The sports ground area of the Kwai Chung Sports Ground.
5. The sports ground area of the Sai Kung Tang Shin Kin Sports Ground.
6. The sports ground area of the Sha Tin Sports Ground.
7. The sports ground area of the Tuen Mun Tang Shin Kin Sports Ground.
8. The sports ground area of the Wo Yi Hop Road Sports Ground.
9. The sports ground area of the Yuen Long Stadium.

(L.N. 178 of 1977; L.N. 18 of 1986; L.N. 355 of 1987)

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/2617

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

17
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