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<![CDATA[Historical Laws of Hong Kong Online]]> https://oelawhk.lib.hku.hk/items/browse/page/26?output=rss2 Mon, 08 Jun 2026 03:17:18 +0800 webadmin@lib.hku.hk (Historical Laws of Hong Kong Online) Zend_Feed http://blogs.law.harvard.edu/tech/rss <![CDATA[PLACES OF AMUSEMENT (URBAN COUNCIL) BYLAWS]]> https://oelawhk.lib.hku.hk/items/show/2616

Title

PLACES OF AMUSEMENT (URBAN COUNCIL) BYLAWS

Description






PLACES OF AMUSEMENT (URBAN COUNCIL) BYLAWS

ARRANGEN'T OF BYLAWS

Bylaw.................................... Page

........PART I
........GENERAL
1.........Citation ...............................................................................................................
...........BC 3
2.......................................Application BC 3
3.........Interpretation ........................................................... BC3
4.......................................Term, fee and condition of licence BC3
5. Application for the grant, renewal or transfer of licence BC 3
6. Fee for duplicate and amendment of licence BC 4
7. Refusal and revocation ..............BC 4
8. Defacing a licence .............................................................................................. BC 4
9. Licensee not to carry on licensed activity on other premises --- ......... BC 4
10. Good order on premises ........------..... BC 5
11. Sale or consumption of liquor ........................................................................ BC 5
12. Business hours ............................................................................ ............... BC 5
13. Fire Services requirements ........................................................................... BC 5
14. Corridors not to be used as cloak-rooms ..... BC 5
15. Sanitary conveniences ..............BC 5
16. Furniture etc. to be kept clean and in proper repair ..... BC 5
17. Restriction on alteration of premises ............... BC 6
18. Entry and inspection ............... BC 6
19. Offences and penalties ........................................................... ................... ..... BC 6
20. Name in which proceedings for offences may be brought BC 6

...............PART II
...............BILLIARD ESTABLISHMENT
21. Form ................................................................ BC 6
22. Outdoor sign .......................................................... BC 7
22A. Exemption for billiard establishment with less than 4 tables --------- BC 7
22B............Transitional provision ......................................................... BC 7

PART III
PUBLIC BOWLING-ALLEY
23. Form ...........BC 7
24. Outdoor sign..............................................................................................................
.. .... BC 7





Bylaw..................................... Page
PARTIV
PUBLIC SKATING RINK
25. Form .................................W 7
26. Outdoor sign .........................BC 8
PART V
PUBLIC TABLE TENNIS SALOON
27. Form .................................BC 8
28. Outdoor sign .........................BC 8

Schedule 1. Fees .........................BC 8
Schedule 2................................Forms ..................................................................................
...........................................BC 8





PLACES OF AMUSEMENT (URBAN COUNCIL) BYLAWS

(Cap. 132, section 9213)
[16 July 1976]

L.N. 167 of 1976 -L.N. 76 of 1980, L.N. 94 of 1981, L.N. 94 of 1983, 10 of 1986, L.N. 77 of 1987,
L.N. 234 of 1987, L.N. 235 of 1987, L.N. 302 of 1987, R. F5d. 1987, L.N. 313 of 1988, Lv

PART 1

GENERAL

1. Citation

These bylaws may be cited as the Places of Amusement (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;
'licence' means a licence specified in Schedule 1.

4. Term, fee and condition of licence
(1) Each licence shall be valid for the period specified in respect of that
licence in the second column of Schedule 1 or for such lesser period as may be
specified in the licence.
(2) The fee payable for each licence shall be the fee specified in respect of
that licence in the third column of Schedule 1.
(3) Each licence shall be subject to such conditions as may be stated in the
licence or notified to the licensee in writing by the Council and shall not be
transferable without the prior approval of the Council. (L.N. 234 of 1987)

5. Application for the grant, renewal
or transfer of licence
(1) Every application for the grant, renewal or transfer of a licence shall
be made in writing to the Council in such form and contain such particulars
and be accompanied by such plans as the Council may require.





(2) The applicant for the grant, renewal or transfer of a licence shall
produce to the Council such evidence as the Council shall require that the
premises in respect of which the licence is to be issued comply with-
(a) the provisions in these bylaws; and
(b) any requirements issued by the Director of Fire Services.
(L.N. 234 of 1987)

6. Fee for duplicate and amendment of licence

If the Council is satisfied that a licence granted or transferred to any
person-
(a) has been lost, destroyed or accidentally defaced; or
(b) requires amendment,
the Council may, upon payment of a fee of $80, issue to such person a duplicate
of the licence or make the amendment as the case may be. (L.N. 94 of 1983;
L.N. 235 of 1987)

7. Refusal and revocation

The Council may refuse to grant, renew, or approve the transfer of, a
licence or may revoke a licence granted, to a person- (L.N. 234 of 1987)
(a) if the person is under the age of 21 years;
(b)if the person has been convicted of an offence under section 92C
of the Ordinance in respect of the same or a similar licence or of
an offence under bylaw 19; or
(c)if, in the opinion of the Council such refusal or revocation is in
the public interest.

8. Defacing a licence

No person shall-
(a) alter, deface or make any erasure on a licence; or
(b)use, or have in his possession with a view to use, a licence on
which an erasure has been made or which has been wilfully
altered or defaced in any way.

9. Ucensee not to carry on licensed
activity on other premises

The licensee shall not carry on any activity authorized by his licence at any
premises other than those specified in his licence without the appropriate licence
for such other premises and the written approval of the Council.





10. Good order on premises

The licensee shall maintain good order on the licensed premises and shall
not suffer or permit thereon-
(a) any drunken or disorderly conduct;
(b) any unlawful game; or
(e)any persons of notoriously bad character to assemble and meet
together.

11. Sale or consumption of liquor

The licensee shall not allow any intoxicating liquor to be sold or consumed
on the licensed premises except under and in accordance with a liquor licence
issued under the Dutiable Commodities (Liquor) Regulations (Cap. 109 sub.
leg.).

12. Business hours

Unless expressly permitted by the Council in writing, the licensee shall not
allow the licensed premises to be used between 2 a.m. and 8 a.m. for any
activity specified in the licence.

13. Fire Services requirements

The licensee shall comply with and observe at all times all requirements
issued by the Director of Fire Services in respect of the licensed premises.

14. Corridors not to be used as cloak-rooms

The licensee shall not permit any corridor in the licensed premises to be
used as a cloak-room nor allow any pegs or hooks for hanging hats, cloaks or
other wearing apparel therein.

15. Sanitary conveniences

The licensee shall to the satisfaction of the Council provide adequate urinal
and watercloset accommodation in the licensed premises and shall maintain
such accommodation in a clean and wholesome condition.

16. Furniture etc. to he kept clean and in proper repair

The licensee shall keep all parts of the licensed premises and all furniture
and equipment thereon in a clean condition and in proper repair.





17. Restriction on alteration of premises

Except with the permission in writing of the Council, the licensee shall not
permit any alteration or addition to be made to the structure of the licensed
premises, to the ventilating system or other installation, or to the number of
billiard tables, or other facilities, on the licensed premises.

18. Entry and inspection

(1) The Council and any public officer authorized by the Council may
enter at any time any place in respect of which an application for a licence has
been received by the Council, or a licence has been issued, in order to inspect
the same for the purposes of the Ordinance.
(2) Any person who prevents, obstructs or hinders the exercise by any
public officer duly authorized in accordance with paragraph (1) of the right of
entry and inspection conferred upon such public officer by that paragraph shall
be guilty of an offence.

19. Offences and penalties

Any person who contravenes any of the provisions of bylaw 8, 9, 10, 11,
12, 13, 14, 15, 16, 17, 18, 22, 24, 26 or 28 shall be guilty of an offlence and shall
be liable on conviction to a fine of 52,500 and to imprisonment for 6 months.
(L.N. 302 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, a prosecution
for any offence under these bylaws may be brought in the name of the Council.

PART 11

BILL^ ESTABLISHMENT (L.N. 313 of 1988)

21. Form

The form of a billiard establishment licence shall be as in Form 1 in
Schedule2.
(L.N. 313 of 1988)





22. Outdoor sign
The licensee of a billiard establishment shall exhibit and keep exhibited the
words 'Licensed for billiards' in English and in Chinese the characters ' P-~MW
gj*fftg,ffl, ' in some conspicuous place near the door and on the outside of the
licensed premises to the satisfaction of the Council.
(L.N. 313 of 1988)

22A.Exemption for billiard establishment
with less than 4 tables
A billiard establishment having less than 4 tables for the playing of
billiards, snooker, pool or similar games is exempt from the operation of
section 92A of the Ordinance.
(L.N. 313 of 1988)

22B. Transitional provision
A public billiard saloon licence subsisting or in force at the commencement
of the Places of Amusement (Urban Council) (Amendment) Bylaws 1988 (L.N.
313 of 1988) shall, as from such commencement, be deemed to be a billiard
establishment licence.
(L.N. 313 of 1988 incorporated)

PART 111

PuBLic BOWLINC-ALLEY

23. Form
The form of a public bowling-alley licence shall be as in Form 2 in
Schedule 2.

24. Outdoor sign
The licensee of a public bowling-alley shall exhibit and keep exhibited the
words 'Licensed bowling-alley' in English and in Chinese the characters 'EM
in some conspicuous place near the door and on the outside of
the licensed premises to the satisfaction of the Council.

PART IV

PUBLIC SKATING RINK

25. Form
The form of a public skating rink licence shall be as in Form 3 in Sche-
dule 2.





26. Outdoor sign

The licensee of a public skating rink shall exhibit and keep exhibited the
words 'Licensed for skating' in English and in Chinese the characters
in some conspicuous place near the door and on the outside of
the licensed premises to the satisfaction of the Council.

PART V

PUBLic TABLE TENNIS SALOON

27. Fonn

The form of a public table tennis saloon licence shall be as in Form 4 in
Schedule 2.

28. Outdoor sign

The licensee of a public table tennis saloon shall exhibit and keep exhibited
the words 'Licensed public table tennis saloon' in English and in Chinese the
characters in some conspicuous place near the door and
on the outside of the licensed premises to the satisfaction of the Council.

SCHEDULE 1 [bylaw 4]

Fee
Period of (for one year or
Licence validity part of a year)

Billiard establishment 1 year$170 per table
Public bowling-alley 1 year $400 per lane
Public skating rink 1 year $865
Public table tennis saloon 1 year $865
(L.N. 94 of 1983; L.N. 77 of 1987; L.N. 235 of 1987; L.N. 313 of 1988

SCHEDULE 2 [bylaw 21]

FORM 1

PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE
(Chapter 132)

PLACES OF AMUSEMENT (URBAN COUNCIL) BYLAWS

Licence No . ..............................





BILLIARD ESTABLISHMENT LICENCE

.. .............of
...................................................................................... is hereby licensed to keep
.. public billiard table(s)
at .1
(description of licensed prernises)
subject to the provisions of the Public Health and Municipal Services Ordinance (Cap. 132) and to
such requirements and conditions as are notified to the licensee in writing.
This licence shall expire on the ................. day of
19

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

Fee: $

Secretary, Urban Council.
(10 of 1986 s. 32(2); L.N. 313 of 1988)

FoRm 2 [bylaw 23]

PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE
(Chapter 132)

PLACES OF AMUSEMENT (URBAN COUNCIL) BYLAWS

Licence No . .................................

PUBLIC BOWLING-ALLEY LICENCE

................. of
.......... ......................is hereby licensed to keep
.......... ......................as a public bowling-alley
(description of licensed premises)
subject to the provisions of the Public Health and Municipal Services Ordinance (Cap. 132) and to
such requirements and conditions as are notified to the licensee in writing.

This licence shall expire on the day of
19

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

Fee: $

Secretary, Urban Council.





FORM 3 [bylaw 25]

PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE
(Chapter 132)

PLACES OF AMUSEMENT (URBAN COUNCIL) BYLAWS

Licence No . .................................

PUBLIC SKATING RINK LICENCE

................................................................. of 1
........................................ is hereby licensed to keep
........................................ as a public skating rink
(descrioon ofli~ preinises)
subject to the provisions of the Public Health and Municipal Services Ordinance (Cap. 132) and to
such requirements and conditions as are notified to the licensee in writing.
This licence shall expire on the ..day of ........
19
Dated this ............day of 19
Fee:

..Secretary, Urban Council.

FoRm 4 [bylaw 27]

PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE
(Chapter 132)

PLACES OF AMUSEMENT (URBAN COUNCIL) BYLAWS

Licence No . .................................

PUBLIC TABLE TENNIS SALOON LICENCE

................. of
................................ is hereby licensed to keep
......................... .....as a public table tennis saloon
(description of licensed lreauses)
subject to the provisions of the Public Health and Municipal Services Ordinance (Cap. 132) and to
such requirements and conditions as are notified to the licensee in writing.
This licence shall expire on the . day of
19
Dated this ........day of 19
Fee: $

Secretary, Urban Council.

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/2616

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

10
]]>
Tue, 23 Aug 2011 18:09:14 +0800
<![CDATA[PLACES OF AMUSEMENT (REGIONAL COUNCIL) BYLAWS]]> https://oelawhk.lib.hku.hk/items/show/2615

Title

PLACES OF AMUSEMENT (REGIONAL COUNCIL) BYLAWS

Description






PLACES OF AMUSEMENT (REGIONAL COUNCIL) BYLAWS

ARRANGEMENT OF BYLAWS

Bylaw Page

PART I
GENERAL
1. Citation .............................BB 3
2. Application ..........................BB 3
3. Interpretation .......................BB 3
4. Term, fee and condition of licence ...BB 3
5. Application for licence ..............BB 3
6. Fee for duplicate and amendment of licence BB 4
7. Refusal and revocation ...............BB 4
7A. Transfer of licence .................BB 4
8. Defacing a licence ......................................................................................... BB 4
9. Licensee not to carry on licensed activity on other premises ....... BB 5
10. Good order on premises .. ..........BB 5
11. Sale or consumption of liquor ......BB 5
12. Business hours .....................BB 5
13. Fire Services requirements .........BB 5
14. Corridors not to be used as cloak-rooms BB 5
is. Sanitary conveniences ..............BB 6
16. Furniture etc. to be kept clean and in proper repair BB 6
17. Restriction on alteration of premises BB 6
18. Entry and inspection ...............BB 6
19. Offences and penalties .............BB 6
20. Name in which proceedings for offences may be brought BB6
PART II
BILUARD ESTABLIS~NT
21. Form ...............................BB 7
22. Outdoor sign .......................BB 7
22A. Exemption for billiard establishment with less than 4 tables BB 7
22B. Transitional provision ............................................ BB 7
...........................PART 111
...........................PUBLic BOWLINC-ALLEY
23. Form .............................BB 7
24. Outdoor sign .....................BB 8





Bylaw Page
PART IV
PUBLIC SKATING RINK.

25. Form ................................BB 8
26. Outdoor sign ........................BB 8

PART V

PUBLIC TABLE TENNE SALOON

27. Form ................................BB 8
28. Outdoor sign .......................... BB 8
Schedule 1. Fees ....................................... BB 9
Schedule 2. Forms ........................BB 9





PLACES OF AMUSEMENT (REGIONAL COUNCIL) BYLAWS

(Cap. 132, section 9211)

[10 December 19761

L.N. 302 of 1976-L.N. 134 of 1982, L.N. 214 of 1983, L.N. 67 of 1985, 10 of 1986, L.N. 303 of
1986, L.N. 37 of 1987, L.N. 303 of 1987, R. Ed. 1987, L. N. 67 of 1988, L.N. 306 of 1988, L.N.
103 of 1989

PART 1

GENERAL

1. Citation

These bylaws may be cited as the Places of Amusement (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; (]Oof]986s.32(2))
'licence' means a licence specified in Schedule 1.

4. Term, fee and condition of licence
(1) Each licence shall be valid for the period specified in respect of that
licence in column 2 of Schedule 1 or for such lesser period as may be specified in
the licence.
(2) The fee payable for each licence shall be the fee specified in respect of
that licence in column 3 of Schedule 1.
(3) Each licence shall be subject to such conditions as may be stated in
the licence or notified to the licensee in writing by the Council. (10 of 1986
s.32(2))

5. Application for licence
(1) Every application for a licence or transfer of a licence shall be made in
writing to the Council in such form and contain such particulars and be
accompanied by such plans as the Council may require.(L.N. 303 of 1986)





(2) The applicant for a licence shall produce to the Council such evidence
as the Council shall require that the premises in respect of which the licence is to
be issued comply with-
(a) the provisions in these bylaws; and
(b) any requirements issued by the Director of Fire Services.
(10 of 1986 s. 32 (2)

6. Fee for duplicate and amendment of licence

If the Council is satisfied that a licence granted or transferred to any
person-
(a) has been lost, destroyed or accidentally defaced; or
(b) requires amendment,
the Council may, upon payment of a fee of $105, issue to such person a
duplicate of the licence or make the amendment, as the case may be.
(10 of 1986 s. 32(2); L.N. 214 of 1983; L.N. 37 of 1987; L.N. 67
of 1988; L.N. 103 of 1988)

7. Refusal and revocation

The Council may refuse to grant or renew a licence, or may revoke a
licence granted to a person-
(a) if the person is under the age of 21 years;
(b)if the person has been convicted of an offence under section 92C
of the Ordinance in respect of the same or a similar licence or of
an offence under bylaw 19; or
(c)if, in the opinion of the Council, such refusal or revocation is in
the public interest.
(10 of 1986 s. 32(2))

7A. Transfer of licence

(1) The licensee shall not transfer his licence without the prior consent of
the Council.
(2) The Council may refuse to consent to the transfer of a licence if, in
regard to the proposed transferee, the matters mentioned in bylaw 7(a), (b) or
(c) apply.
(L.N. 303 of 1986)

8. Defacing a licence

No person shall-
(a) alter, deface or make any erasure on a licencie~, or





(b)use, or have in his possession with a view to use, a licence on
which an erasure has been made or which has been wilfully
altered or defaced in any way.

9. Licensee not to carry on licensed
activity on other premises

The licensee shall not carry on any activity authorized by his licence at any
premises other than those specified in his licence without the appropriate licence
for such other premises and the written approval of the Council.
(10 of 1986 s. 32 (2)

10. Good order on premises

The licensee shall maintain good order on the licensed premises and shall
not suffer or permit thereon-
(a) any drunken or disorderly conduct;
(b) any unlawful game; or
(c)any persons of notoriously bad character to assemble and meet
together.

11. Sale or consumption of liquor

The licensee shall not allow any intoxicating liquor to be sold or consumed
on the licensed premises except under and in accordance with a liquor licence
issued under the Dutiable Commodities (Liquor) Regulations (Cap. 109 sub.
leg.).

12. Business hours

Unless expressly permitted by the Council in writing, the licensee shall not
allow the licensed premises to be used between 2 a.m. and 8 a.m. for any
activity specified in the licence.
(10 of 1986 s. 32 (2)

13. Fire Services requirements

The licensee shall comply with and observe at all times all requirements
issued by the Director of Fire Services in respect of the licensed premises.

14. Corridors not to be used as cloak-rooms

The licensee shall not permit any corridor in the licensed premises to be
used as a cloak-room nor allow any pegs or hooks for hanging hats, cloaks or
other wearing apparel therein.





15. Sanitary conveniences

The licensee shall, to the satisfaction of the Council, provide adequate
urinal and watercloset accommodation in the licensed premises and shall
maintain such accommodation in a clean and wholesome condition.
(10 of 1986 s. 32 (2)

16. Furniture etc. to he kept clean and in proper repair

The licensee shall keep all parts of the licensed premises and all furniture
and equipment thereon in a clean condition and in proper repair.

17. Restriction on alteration of premises

Except with the permission in writing of the Council, the licensee shall not
permit any alteration or addition to be made to the structure of the licensed
premises, to the ventilating system or other installation, or to the number of
billiard tables, or other facilities, on the licensed premises.
(10 of 1986 s. 32 (2)

18. Entry and inspection

(1) The Council and any public officer authorized by the Council may
enter at any time any place in respect of which an application for a licence has
been received by the Council, or a licence has been issued, in order to inspect
the same for the purposes of the Ordinance. (]Oof]986s.32(2))
(2) No person shall prevent, obstruct or hinder the exercise by any public
officer, duly authorized in accordance with paragraph (1), of the right of entry
and inspection conferred upon such public officer by that paragraph.

19. 01Tences and penalties

Any person who contravenes any of the provisions of bylaw 7A(I), 8, 9,
10, 11, 12, 13, 14, 15, 16, 17, 18(2), 22, 24, 26 or 28 commits an offence and is
liable to a fine of $2,500 and to imprisonment for 6 months.
(10 of 1986 s. 32(2); L.N. 303 of 1986; L.N. 303 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 offences and without prejudice to the powers of the Attorney
General in relation to the prosecution of offences, a prosecution for any offence
under these bylaws may be brought in the name of the Council.
(10 of 1986 s. 32 (2)





PART 11

BILLIARD EsTABLisHmENT(L.N. 306 of 1988)

21. Form

The form of a billiard establishment licence shall be as in Form 1 in
Schedule 2.
(L.N. 306 of 1988)

22. Outdoor sign

The licensee of a billiard establishment shall exhibit and keep exhibited the
words 'Licensed for billiards' in English and in Chinese the characters ' E *4
-43*01#M ' in some conspicuous place near the door and on the outside of the
licensed premises to the satisfaction of the Council.
(10 of 1986 s. 32(2); L.N. 306 of 1988)

22A.Exemption for billiard establishment
with less than 4 tables

A billiard establishment having less than 4 tables for the playing of
billiards, snooker, pool or similar games is exempt from the operation of
section 92A of the Ordinance.
(L.N. 306 of 1988)

22B. Transitional provision

A public billiard saloon licence subsisting or in force at the commencement
of the Places of Amusement (Regional Council) (Amendment) (No. 2) Bylaws
1988 (L.N. 306 of 1988) shall, as from such commencement, be deemed to be a
billiard establishment licence.
(L.N. 306 of 1988 incorporated)

PART 111

PUBLIc BOWLING-ALLEY

23. Form

The form of a public bowling-alley licence shall be as in Form 2 in
Schedule 2.





24. Outdoor sign

The licensee of a public bowling-alley shall exhibit and keep exhibited the
words 'Licensed bowling-alley- in English and in Chinese the characters
in some conspicuous place near the door and on the outside of
the licensed premises to the satisfaction of the Council.
(10 of 1986 s. 32 (2)

PART IV

PUBLIC SKATING RINK

25. Form

The form of a public skating rink licence shall be as in Form 3 in
Schedule 2.

26. Outdoor sign

The licensee of a public skating rink shall exhibit and keep exhibited the
words -Licensed for skatinj in English and in Chinese the characters
in some conspicuous place near the door and on the outside of the
licensed premises to the satisfaction of the Council.
(10 of 1986 s. 32 (2)

PART V

PUBLIC TABLE TENNis SALOON

27. Form

The form of a public table tennis saloon licence shall be as in Form 4 in
Schedule 2.

28. Outdoor sign

The licensee of a public table tennis saloon shall exhibit and keep exhibited
the words 'Licensed public table tennis saloon- in English and in Chinese the
characters in some conspicuous place near the door and
on the outside of the licensed premises to the satisfaction of the Council.
(10 of 1986 s. 32 (2)





SCHEDULE1 [bylaw 4]

Fee
Period of (for one year or
Licence validity part of a year)
Billiard establishment one year$290 per table
Public bowling alley one year $185 per lane
Public skating rink one year $6,895
Public table tennis saloon one year$925
(L.N. 306 of 1988; L-N. 103 of 1989)

SCHEDULE 2

FORM 1 [by law 21]

PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE
(Chapter 132)

PLACES OF AMUSEMENT (REGIONAL COUNCIL) BYLAWS

Licence No . ..............................

BILLIARD ESTABLISHMENT LICENCE

........... ...1. Of
............. ............is hereby licensed to keep
........................... public billiard table(s)
at .................................................................................................................................
......................
(description of licensed premises)
subject to the provisions of the Public Health and Municipal Services Ordinance and to such
requirements and conditions as are notified to the licensee in writing.
This licence shall expire on the ......day of 19
Dated this .day of 19
Fee: $
...................Regional Council.
...................(L.N. 67 of 1985; 10 of 1986 s- 32(2); L.N. 306 of 1988)

FORM 2 [bylaw 231

PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE
(Chapter 132)

PLACES OF AMUSEMENT (REGIONAL COUNCIL) BYLAWS

Licence No . .................................





PUBLIC BOWLING-ALLEY LICENCE

................. Of
.................................. is hereby licensed to keep
..................................
(description of licensed prermses)
as a public bowling-alley subject to the provisions of the Public Health and Municipal Services
Ordinance and to such requirements and conditions as are notified to the licensee in writing.
This licence shall expire on the ......day of 19
Dated this .day of ......19
Fee: $

Regional Council.
(L.N. 214 of 1983)

FORm 3 [bylaw 25]

PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE
(Chapter 132)

PLACES OF AMUSEMENT (REGIONAL COUNCIL) BYLAWS

Licence No . .................................

PUBLIC SKATING RINK LICENCE

.... of ..............................................................
......................................................................... ......................................... is hereby
licensed to keep
...................................................................................................................................
................
(description of licensed premises)
as a public skating rink subject to the provisions of the Public Health and Municipal Services
Ordinance and to such requirements and conditions as are notified to the licensee in writing.
This licence shall expire on the ......day of 19
Dated this .day of ..19
Fee: $

Regional Council.
(L.N. 214 of 1983)

FoRm 4 [bylaw 27]

PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE
(Chapter 132)

PLACES OF AMUSEMENT (REGIONAL COUNCIL) BYLAWS

Licence No . .................................





PUBLIC TABLE TENNIS SALooN LICENCE

...... Of ...................................................
........................................................................................................................ is
hereby licensed to keep
.......................... .-
(description of licensed premises)
as a public table tennis saloon subject to the provisions of the Public Health and Municipal Services
Ordinance and to such requirements and conditions as are notified to the licensee in writing.
This licence shall expire on the day of 19
Dated this .day of ......19
Fee: $

Regional Council.
(L.N. 214 of 1983)

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/2615

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

11
]]>
Tue, 23 Aug 2011 18:09:14 +0800
<![CDATA[OFFENSIVE TRADES (URBAN COUNCIL) BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/2614

Title

OFFENSIVE TRADES (URBAN COUNCIL) BY-LAWS

Description






OFFENSIVE TRADES (URBAN COUNCIL) BY-LAWS

ARRANGEMENT OF BY-LAWS

By-law Page

1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... BA 2
2. Application ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... BA 2
3. Interpretation ... ... ... ... ... w.. ... ... ... ... ... ... ... ... BA 2
4. [Revoked] ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... BA 2
5. Licensing of offensive trades ... ... ... ... ... ... ... ... ... ... ... BA 2
6. Application for licence ... ... ... ... ... ... ... ... ... ... ... ... ... BA 2
7. Conditions for issue of licence ... ... ... ... ... ... ... ... ... ... ... BA 3
8. Restriction on alteration of premises or fittings after grant of licence ... ... --- BA 4
9. General cleanliness ... ... ... ... ... ... ... ... ... ... ... ... ... BA 4
10. Maintenance of machinery for disposal of vapours, etc . ... ... .. ... ... ... BA 5
11. Maintenance of premises and prevention of vermin ... ... ... ... ... ... BA 5
12. Premises not to be used for dwelling purposes ... ... ... ... ... ... ... ... BA 5
13. Storage of materials ... ... ... ... ... ... ... ... ... ... ... ... ... BA 5
14. Disposal of refuse ... ... ... ... ... ... ... ... ... ... ... ... ... ... BA 6
15. Offences and penalties ... ... ... ... ... ... ... ... ... ... ... ... ... BA 6
16. Name in which proceedings for offences may be brought ... ... ... ... ... BA 6





OFFENSIVE TRADES (URBAN COUNCIL) BY-LAWS

(Cap. 132, section 49)

[23 December 1960.]

1. These by-laws may be cited as the Offensive Trades (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;

'licensee' means a person to whom a licence has been granted under
these by-laws.

4. [Revoked, L.N. 298180]

5. (1) Save under and in accordance with a licence granted
by the Council, no person shall carry on any offensive trade.

(2) Every such licence shall expire annually on 31 December.

(3) The grant or renewal of any such licence shall be subject to
the payment in advance to the Council of a fee of f> '~ ~ 9-4

Provided that where any such licence is granted after 30 June in
any year, the fee payable in respect of the grant of that licence shall
be one-half of the prescribed fee.

(4) Where the Council is satisfied that any such licence has
been lost or destroyed, the Council may upon payment of a fee of
Sffi issue a duplicate thereof.

6. (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 whole of the premises in which the offensive trade will be carried
on, which plan shall include, so far as the same may be applicable,
particulars of the following-

(a)space allocated to the preparation, processing and storage
of materials;

(b) space allocated to the storage of finished articles;

(c) sanitary fitments and drainage works;

(d) cloakrooms, passageways and open spaces;

(e) all means of entry, exit and internal communication;

(f) means of ventilation;





(g)the siting of substantial fittings, equipment and machinery;
and

(h) means of refuse storage and disposal.

(2) Every plan submitted for approval pursuant to the provi-
sions of paragraph (1) shall be accompanied by a statement in
writing declaring-

(a) the nature of the offensive trade which is to be carried on;

(b)the means whereby it is intended to control or dispose of
any noxious or injurious vapours, dust or effluents which
may be discharged in the carrying on of the offensive
trade; and

(c)where the premises at which the offensive trade is to be
carried on comprise part of a building which has more
than one storey, which storey or storeys will be used.

(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.

7. No such licence shall be granted unless the Council is
satisfied in relation to the premises in respect of which the applica-
tion for such licence is made that-

(a)the plan referred to in by-law 6 has been approved by the
Council and the premises conform thereto;

(b)the methods to be used for the control or disposal of any
noxious or injurious vapours, dust or effluents which may
be discharged in the carrying on of the offensive trade are
adequate;

(c)the means of ventilation provided, whether natural or
mechanical or partly natural and partly mechanical, are
sufficient in every part of the premises, other than any part
used exclusively for storage purposes, to safeguard in that
respect the maximum number of persons likely to be in
such part of the premises at any one time;

(d)sanitary fitments are provided to a standard not less
than that required by the Building (Standards of Sanitary
Fitments, Plumbing, Drainage Works and Latrines)
Regulations:

Provided that, in the case of any premises to which
such regulations do not apply, the Council may approve
such lesser standard as, having regard to considerations of
public health and the circumstances of the case, the Council
may consider adequate;





(e) public mains water is laid on to the premises:

Provided that, where the Council is satisfied that
public mains water cannot reasonably be laid on for all or
any purposes, the Council may in its discretion approve
such other water supply as, having regard to considera-
tions of public health, it may consider adequate;

all floors in every part of the premises in which materials
are prepared, processed or stored are rendered smooth
and impervious on the surface and slope evenly towards
drainage outlets;

(g)all such floors are drained, by means of removable gal-
vanized gratings, into glazed or smooth cement channels
which discharge into trapped drainage openings;

(h)all walls in every part of the premises in which materials
are prepared, processed or stored are rendered smooth and
impervious to a height of not less than 2 m and the junc-
tions between the walls and floors are coved;

(i)in the case of any premises used for the carrying on of an
offensive trade involving the processing or treatment of
materials containing fat, all drainage outlets are fitted with
a grease trap;

(j)the storage space provided is sufficient to contain all
materials required for use in the business which are likely
to be in stock at any one time;

(k)where the premises comprise part of a building which has
more than one storey, the other storeys of such building
are adequately protected against nuisances arising from
the carrying on of the offensive trade; and

(1)the carrying on of the offensive trade is not, or is not likely
to be, a nuisance or danger to members of the public.

8. 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 premises to which the licence
relates-

(a)any alteration or addition which would result in a material
deviation from the plan thereof approved under by-law 6;
or

(b)any material alteration in respect of any matter specified
in by-law 7.

9. (1) The licensee shall. at the end of each working day and
in any event not less than once in every 24 hours, cause every part
of the premises in which materials are prepared or processed to be
thoroughly cleansed.





(2) The licensee shall cause all apparatus, equipment or
machinery used in the preparation or processing of materials to be
thoroughly cleansed not less than once in every 24 hours during
any period in which business is carried on.

10. The licensee shall at all times cause any machinery used
for the purpose of controlling or disposing of noxious or injurious
vapours, dust or effluents which may be discharged in the carrying
on of the offensive trade to be maintained in good working order.

11. (1) Every licensee shall, at all times, cause the walls,
floors, doors, windows, ceilings, wood work and all other parts of
the structure of the premises in which he carries on an offensive
trade to be kept in such good order, repair and condition as to-

(a) enable them to be effectively cleansed;

(b)prevent, so far as is reasonably practicable, infestation of
the premises by vermin; and

(c)prevent absorption of noxious matters into any parts of
the structure of the premises.

(2) If it appears to the Council, on the report of a health
officer or health inspector, that any premises, or any part of any
premises, in which an offensive trade is carried on are or is, by
reason of uncleanliness, want of repair or structural condition, in
such a state as to be, or to be likely to become, a nuisance, the
Council may cause a notice to be served upon the licensee requiring
him to cleanse, disinfest, limewash, repair or modify such premises,
or such part thereof, in such manner and within such time as may
be specified in the notice and as may, in the opinion of the Council,
be necessary to abate the nuisance or remove the likelihood thereof.

(3) If any licensee on whom a notice is served under the provi-
sions of paragraph (2) fails to comply with any of the requirements
thereof, the Council may execute, or cause to be executed, such
work as may be necessary to satisfy the requirements of such notice
and may recover any expenses thereby incurred from the licensee.

12. No person shall use for dwelling purposes any part of any
premises in which any work, other than clerical work, in connexion
with the carrying on of an offensive trade is performed:

Provided that the provisions of this by-law shall not apply to
not more than 2 persons, or such greater number of persons as the
Council may in writing permit, employed as caretakers.

13. Every licensee shall cause all materials which have been
received upon any premises used by him for the carrying on of an
offensive trade and which are not immediately required for use to
be so stored as to prevent, so far as is reasonably practicable, the
emission therefrom of noxious or injurious effluvia and the spread
of vermin.





14. All refuse or waste matter arising from the carrying on of
any offensive trade shall be placed in suitable receptacles so con-
structed as to prevent, pending the disposal thereof in such manner
as the Council may approve either generally or in any particular
case, the emission of noxious or injurious effluvia.

15. (1) Any person who contra s by-law 5(1) commits an
offence and is liable to a fine of $10,000 and to imprisonment for
6 months, and in the case of a continuing offence to a further daily
penalty of$250.

(2) Any person who contravenes by-law 8, 9, 10, 11(1), 12,
13 or 14, or who fails to comply with any requirement of a notice
served upon him under by-law 11(2), commits an offence and is
liable to a fine of $2000 and to imprisonment for 3 months, and in
the case of a continuing offence to a further daily penalty of$50.

16. 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. 156/60. --- G.N.A. 57/62. L.N. 24/67. 21 of 1973. L.N. 281/75. L.N. 89/79. L.N. 75/80. L.N. 298/80. L.N. 93/81. L.N. 105/83. 10 of 1986. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. Licensing of offensive trades. 21 of 1973, s. 20. L.N. 281/75. L.N. 75/80. L.N. 93/81. L.N. 105/83. L.N. 105/83. Application for licence. Conditions for the issue of licence. (Cap. 123, sub. Leg.) L.N. 89/79. L.N. 298/80. Restriction on alteration of premises or fittings after grant of licence. General cleanliness. Maintenance of machinery for disposal of vapours, etc. Maintenance of premises and prevention of vermin. Premises not to be used for dwelling purposes. Storage of materials. Disposal of refuse. Offences and penalties. L.N. 298/80. Name in which proceedings for offences may be brought.

Abstract

G.N.A. 156/60. --- G.N.A. 57/62. L.N. 24/67. 21 of 1973. L.N. 281/75. L.N. 89/79. L.N. 75/80. L.N. 298/80. L.N. 93/81. L.N. 105/83. 10 of 1986. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. Licensing of offensive trades. 21 of 1973, s. 20. L.N. 281/75. L.N. 75/80. L.N. 93/81. L.N. 105/83. L.N. 105/83. Application for licence. Conditions for the issue of licence. (Cap. 123, sub. Leg.) L.N. 89/79. L.N. 298/80. Restriction on alteration of premises or fittings after grant of licence. General cleanliness. Maintenance of machinery for disposal of vapours, etc. Maintenance of premises and prevention of vermin. Premises not to be used for dwelling purposes. Storage of materials. Disposal of refuse. Offences and penalties. L.N. 298/80. Name in which proceedings for offences may be brought.

Identifier

https://oelawhk.lib.hku.hk/items/show/2614

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

6
]]>
Tue, 23 Aug 2011 18:09:13 +0800
<![CDATA[OFFENSIVE TRADES (REGIONAL COUNCIL) BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/2613

Title

OFFENSIVE TRADES (REGIONAL COUNCIL) BY-LAWS

Description






OFFENSIVE TRADES (REGIONAL COUNCIL) BY-LAWS

ARRANGEMENT OF BY-LAWS

By-law Page

1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... AZ 2
2. Application ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... AZ 2
3. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... AZ 2
4. Licence necessary to carry on offensive trade ... ... ... ... ... ... ... ... AZ 2
5. Term of licence ... ... ... ... ... ...... ... ... ... ... ... ... ... AZ 2
6-8. [Revoked] ... ... ... ... ... ... ... ... ... ... ... ... .... ... ... AZ 2
9. Application for licence ... ... ... ... ...... ... ... ... ... ... ... ... AZ 2
10. Conditions for the issue of licence ... ...... ... ... ... ... ... ... ... AZ 3
11. Restriction on alteration of premises ... ... ... ... ... ... ... ... ... ... AZ 5
12. Storage of materials ... ... ... ... ...... ... ... ... ... ... ... ... AZ 5
13. [Revoked] ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... AZ 5
14. Limewashing ... ... ... ... ... ... ...... ... ... ... ... ... ... ... AZ 5
15. Daily cleaning ... ... ... ... .. . ... ... .. 1 ... ... ... ... ... ... AZ 5
16. Repair of walls ... ... ... ... ... ...... ... ... ... ... ... ... ... AZ 5
17. Use for sleeping purposes ... ... ... ...... ... ... ... ... ... ... ... AZ 5
is. Director may prohibit domestic occupation of offensive trade building ... ... AZ 6
19. Power to grant exemption ... ... ... ...... ... ... ... ... ... ... ... AZ 6
20. Free access by Director and health officers... ... ... ... ... ... ... ... AZ 6
21. Restrictions as to certain persons ... ...... ... ... ... ... ... ... ... AZ 6
22. Posting of regulations ... ... ... ... ...... ... ... ... ... ... ... ... AZ 6
23. Offences and penalties ... ... ... ... ...... ... ... ... ... ... ... ... AZ 6





OFFENSIVE TRADES (REGIONAL COUNCIL) BY-LAWS

(Cap. 132, sections 49 and 149)

[10 September 1948.]

1. These by-laws may be cited as the Offensive Trades
(Regional Council) By-laws.

2. These by-laws apply to and shall take effect within the
Regional Council area.

3. ln these by-laws, unless the context otherwise requires-

'Council' means the Regional Council;

'licensee' means a person to whom a licence has been granted under
these by-laws.

4. No person shall establish or continue in any part of the
Regional Council area any offensive trade except under and in
accordance with a licence granted to him by the Council.

5. Every such licence shall expire on 31 December and shall
be for a period not exceeding 1 year. The fee for such licence shall be
$1,575 per annum:

Provided that in the case of any licence issued after 30 June in
any year, only half fee shall be payable.

6-8. [Revoked, L.N. 214180]

9. (1) A person who wishes to establish or continue an
offensive trade shall apply to the Council for a licence in accordance
with paragraph (2).

(2) An application for a licence to establish or continue an
offensive trade shall be made in writing and shall-

(a) contain the following particulars-
(i) the full name and address of the applicant;
(ii) a description of the premises where the offensive
trade is, or is to be, carried on;
(iii) details of the offensive trade in relation to which
the application is made; and
(iv) such other particulars as the Council may think fit;
and

Health and Municipal Services Ordinance, Chapter 132-see section 149(1)
of that Ordinance.





(b)where the application relates to the establishment of an
offensive trade, be accompanied by 3 copies of a plan, as
nearly as may be to scale, of the whole of the premises in
which the offensive trade is to be carried on, which plan
shall so far as the same may be applicable, contain partic-
ulars of-
(i) the space allocated to the preparation, processing
and storage of materials;
(ii) the space allocated to the storage of finished
articles;
(iii) all sanitary fitments and drainage works;
(iv) all cloakrooms, passageways and open spaces;
(v) all means of entry, exit and internal communication;
(vi) the means of ventilation;
(vii) the siting of substantial fittings, equipment and
machinery;
(viii) the means of storage and disposal of refuse;
(ix) the type of finish to each wall and floor;
(x) the means of control or disposal of any noxious or
injurious vapours, dust or effluents which may be dis-
charged in the carrying on of the offensive trade or of any
waste or refuse arising therefrom; and
(xi) the water supply.

(3) Every plan submitted for approval pursuant to paragraph
(2) shall be accompanied by a statement in writing declaring-

(a)the means whereby it is intended to control or disposed of
any noxious or injurious vapours, dust or effluents which
may be discharged in the carrying on of the offensive trade
or of any waste or refuse arising therefrom; and

(b)where the premises at which the offensive trade is to be
carried on comprise part of a building which has more than
one storey, which storey or storeys will be used.

(4) Every such plan, and any modification thereof, which is
approved by the Council shall be endorsed to that effect by the
Council, and one copy shall be returned to the applicant and the
remaining 2 copies shall be retained by the Council.

10. (1) The Council shall not grant or renew a licence in
respect of any premises used or intended to be used in carrying on an
offensive trade unless the Council is satisfied in relation to such
premises that-

(a)the premises conform to the plan approved by the Council
under by-law 9;

(b)the methods to be used for the control or disposal of any
noxious or injurious vapours, dust or effluents which may
be discharged in the carrying on of the offensive trade or of
any waste or refuse arising therefrom are adequate;





(c)the means of ventilation provided, whether natural or
mechanical or partly natural and partly mechanical, are
sufficient in every part of the premises, other than any part
used exclusively for storage purposes, to safeguard in that
respect the maximum number of persons likely to be in
such part of the premises at any one time;

(d)sanitary fitments are provided to a standard not less than
that required by the Building (Standards of Sanitary
Fitments, Plumbing, Drainage Works and Latrines)
Regulations:

Provided that, in the case of any premises to which
such regulations do not apply, the Council may approve
such lesser standard as, having regard to considerations of
public health and the circumstances of the case, it may
consider adequate;

(e) public mains water is laid on to the premises:

Provided that, where the Council is satisfied that public
mains water cannot reasonably be laid on for all or any
purposes, the Council may in its discretion approve such
other water supply as, having regard to considerations of
public health, it may consider adequate;

(f)subject to paragraph (2), all floors in every part of the
premises in which materials are prepared, processed or
stored are rendered smooth and impervious on the surface
and slope evenly towards drainage outlets;

(g)all such floors are drained, by means of removable
galvanized gratings, into glazed or smooth cement
channels which discharge into trapped drainage openings;

(h)subject to paragraph (2), all walls in every part of the
premises in which materials are prepared, processed or
stored are rendered smooth and impervious to a height of
not less than 2 m and the junctions between the walls and
floors are coved;

(i)in the case of any premises used or intended to be used
for the carrying on of an offensive trade involving the
processing or treatment of materials containing fat, all
drainage outlets are fitted with a grease trap;

(j)the storage space provided is sufficient to contain all
materials required for use in the business which are likely
to be in stock at any one time;

(k)where the premises comprise part of a building which has
more than one storey, the other storeys of such building
are adequately protected against nuisances arising from
the carrying on of the offensive trade; and

(1)the carrying on of the offensive trade is not, or is not likely
to be, a nuisance or danger to members of the public.





(2) . If the Council is satisfied that compliance with paragraph
(1)(f) or (h) is not necessary in any particular case having regard
to the nature of the materials prepared, processed or stored, the
Council may in writing exempt any person from the application of
that sub-paragraph.

11. No licensee shall, save with the permission in writing of the
Council, cause or permit to be made in respect of any premises to
which a licence relates-

(a)any alteration or addition which would result in a material
deviation from the plan thereof approved under by-law 9;

(b)any material alteration in respect of any matter specified in
by-law 10.

12. Every licensee shall cause all materials which have been
received upon the premises where his trade is carried on, and which
are not immediately required for use, to be stored in such manner
and in such a situation as to prevent the emission of noxious or
injurious effluvia or the spread of vermin therefrom.

13. [Revoked, L.N. 214180]

14. Every licensee shall cause the internal surface of every wall
upon the premises where his trade is carried on to be thoroughly
cleansed and limewashed with hot limewash during the months of
January and July each year.

15. Every licensee shall, at the close of every day, cause all fat,
tallow, grease, refuse or filth which has been spilled or splashed or
has fallen or been deposited upon any floor, pavement or wall of the
premises where his trade is carried on to be collected therefrom
by scraping or some other effectual method of cleansing and, unless
it is intended to be subjected to further trade processes on the
premises, to be removed forthwith from the premises. All apparatus
must be kept in a cleanly condition at all times.

16. Every licensee shall cause every part of the internal surface
of the walls, pavements, and floor of the premises to be kept at all
times in good order and repair so as to prevent the absorption
therein of any filth, refuse or noxious or injurious matter which may
fall or be splashed thereon.

17. No persons other than 2 caretakers in respect of each block
of buildings shall pass the night in any part of the premises used in
connexion with the trade. Where any part of the premises is used
for sleeping purposes such part shall be partitioned off from the
remainder of the premises to the satisfaction of the Council, and no
part of the trade shall be carried on and no storage of raw materials
or finished products shall be permitted therein.





18. The Council may by an order in writing prohibit the
occupation for domestic purposes of any building in which any
offensive trade is carried on.

19. The Council may in its absolute discretion exempt a
licensee by endorsement on his licence from the provisions of all or
any of by-laws 12, 14, 15, 16, 17 and 18.

20. Every licensee shall at all times afford free access to the
Council and its officers, and any health officer or health inspector.

21. No person under the age of 14 years shall be permitted
upon any premises licensed for the carrying on of any offensive
trade.

22. The licensee shall cause a duly authenticated copy of these
by-laws in English and Chinese to be posted up in a prominent
position in his premises.

23. (1) Any person who contravenes by-law 4 commits an
offence and is liable to a fine of $10,000 and to imprisonment for
6 months, and in the case of a continuing offence to a further daily
penalty of $250.

(2) Any person who contravenes by-law 11, 12, 14, 15, 16, 17,
20, 21 or 22 commits an offence and is liable to a fine of $2,000 and'
to imprisonment for 3 months, and in the case of a continuing
offence to a further daily penalty of $50.
G.N.A. 223/48. G.N.A. 75/51. 30 of 1960. L.N. 79/72. L.N. 81/73. L.N. 156/76. L.N. 89/79. L.N. 214/80. L.N. 133/82. L.N. 217/83. L.N. 67/85. 10 of 1986. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. L.N. 81/73. L.N. 214/80. 10 of 1986, s. 32(2). Licence necessary to carry on offensive trade. L.N. 81/73. 10 of 1986, s. 32(2). Term of licence. L.N. 156/75. L.N. 133/82. L.N. 217/83. Application for licence. L.N. 81/73. L.N. 214/80. 10 of 1986, s. 32(2). Conditions for the issue of licence. L.N.81/73. L.N. 214/80. 10 of 1986, s. 32(2) (Cap. 123, sub. Leg.) L.N. 89/79. L.N. 214/80. Restriction on alteration of premises. L.N. 81/73. L.N. 214/80. 10 of 1986, s. 32(2). Storage of materials. Limewashing. Daily cleaning. Repair of walls. Use of sleeping purposes. L.N. 81/73. 10 of 1986, s. 32(2). Director may prohibit domestic occupation of offensive trade building. L.N. 81/73. 10 of 1986, s. 32(2) Power to grant exemption. L.N. 81/73. L.N. 214/80. 10 of 1986, s. 32(2). Free access by director and health officers. L.N. 81/73. 10 of 1986, s. 32(2). Restrictions as to certain persons. Posting of regulations. 10 of 1986, s. 32(2) Offences and penalties. L.N. 214/80. 10 of 1986, s. 32(2).

Abstract

G.N.A. 223/48. G.N.A. 75/51. 30 of 1960. L.N. 79/72. L.N. 81/73. L.N. 156/76. L.N. 89/79. L.N. 214/80. L.N. 133/82. L.N. 217/83. L.N. 67/85. 10 of 1986. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. L.N. 81/73. L.N. 214/80. 10 of 1986, s. 32(2). Licence necessary to carry on offensive trade. L.N. 81/73. 10 of 1986, s. 32(2). Term of licence. L.N. 156/75. L.N. 133/82. L.N. 217/83. Application for licence. L.N. 81/73. L.N. 214/80. 10 of 1986, s. 32(2). Conditions for the issue of licence. L.N.81/73. L.N. 214/80. 10 of 1986, s. 32(2) (Cap. 123, sub. Leg.) L.N. 89/79. L.N. 214/80. Restriction on alteration of premises. L.N. 81/73. L.N. 214/80. 10 of 1986, s. 32(2). Storage of materials. Limewashing. Daily cleaning. Repair of walls. Use of sleeping purposes. L.N. 81/73. 10 of 1986, s. 32(2). Director may prohibit domestic occupation of offensive trade building. L.N. 81/73. 10 of 1986, s. 32(2) Power to grant exemption. L.N. 81/73. L.N. 214/80. 10 of 1986, s. 32(2). Free access by director and health officers. L.N. 81/73. 10 of 1986, s. 32(2). Restrictions as to certain persons. Posting of regulations. 10 of 1986, s. 32(2) Offences and penalties. L.N. 214/80. 10 of 1986, s. 32(2).

Identifier

https://oelawhk.lib.hku.hk/items/show/2613

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

6
]]>
Tue, 23 Aug 2011 18:09:12 +0800
<![CDATA[DECLARATION OF OFFENSIVE TRADES IN THE URBAN COUNCIL AREA]]> https://oelawhk.lib.hku.hk/items/show/2612

Title

DECLARATION OF OFFENSIVE TRADES IN THE URBAN COUNCIL AREA

Description






DECLARATION OF OFFENSIVE TRADES
IN THE URBAN COUNCIL AREA

(Cap. 132, section 48)

[24 October 1980.]

The trades, businesses, processes and manufactures specified in
the Schedule hereto are declared to be offensive trades in the Urban
Council area.

SCHEDULE

OFFENSIVE TRADES

Item Trade, business, process or manufacture
1 . Boiling of bones.
2. Burning of bones.
3. Crushing of bones.
4. Scraping of bones.
5. Storing of bones.
6. Manufacture of chloride of lime.
7. Boiling of fat.
8. Fell-mongery.
9. Cleaning of feathers.
10. Sorting of feathers.
11. Storing of feathers.
12. Processing of fish meal.
13. Manufacture of glue.
14. Manufacture of gluten reduced starch (Tung Min) by fermentation process.
15. Cleaning of hair.
16. Boiling of lard.
17. Dressing of leather.
is. Tanning of leather.
19. Crushing, packing or otherwise dealing in any way with manganese ore or
manganese dioxide.
20. Processing of manure.
21. Boiling of resin.
22. Processing of sharks' fins.
23. Manufacture of size.
24. Boiling of soap.
25. Melting of tallow.
L.N. 299/80. 10 of 1986. 10 of 1986, s. 32(2).

Abstract

L.N. 299/80. 10 of 1986. 10 of 1986, s. 32(2).

Identifier

https://oelawhk.lib.hku.hk/items/show/2612

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

1
]]>
Tue, 23 Aug 2011 18:09:12 +0800
<![CDATA[DECLARATION OF OFFENSIVE TRADES IN THE REGIONAL COUNCIL AREA]]> https://oelawhk.lib.hku.hk/items/show/2611

Title

DECLARATION OF OFFENSIVE TRADES IN THE REGIONAL COUNCIL AREA

Description






DECLARATION OF OFFENSIVE TRADES
IN THE REGIONAL COUNCIL AREA

(Cap. 132, section 48)

[22 August 1980.1

The trades, businesses, processes and manufactures specified in
the Schedule hereto are declared to be offensive trades in the
Regional Council area.

SCHEDULE

OFFENSIVE TRADES

Item Trade, business, process or manufacture
1 . Boiling of bones.
2. Burning of bones.
3. Crushing of bones.
4. Scraping of bones.
5. Storing of bones.
6. Manufacture of chloride of lime.
7. Boiling of fat.
8. Fell-mongery.
9. Cleaning of feathers.
10. Sorting of feathers.
11. Storing of feathers.
12. Processing of fish meal.
13. Manufacture of glue.
14. Manufacture of gluten reduced starch (Tung Min) by fermentation process.
15. Cleaning of hair.
16. Boiling of lard.
17. Dressing of leather.
is. Tanning of leather.
19. Crushing, packing or otherwise dealing in any way with manganese ore or
manganese dioxide.
20. Processing of manure.
21. Boiling of resin.
22. Processing of sharks' fins.
23. Manufacture of size.
24. Boiling of soap.
25. Melting of tallow.
L.N. 247/80. L.N. 286/80. 10 of 1986. 10 of 1986, s. 32(2). L.N. 286/80.

Abstract

L.N. 247/80. L.N. 286/80. 10 of 1986. 10 of 1986, s. 32(2). L.N. 286/80.

Identifier

https://oelawhk.lib.hku.hk/items/show/2611

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

1
]]>
Tue, 23 Aug 2011 18:09:11 +0800
<![CDATA[MUSEUMS (URBAN COUNCIL) BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/2610

Title

MUSEUMS (URBAN COUNCIL) BY-LAWS

Description






MUSEUMS (URBAN COUNCIL) BY-LAWS

(Cap. 132, section 1051)*

[17 December 1971.]

1. These by-laws may be cited as the Museums (Urban
Council) By-laws.

1A. These by-laws apply to the Urban Council area only.

2. In these by-laws, unless the context otherwise requires-

'curator' means the curator of a museum;

.,staff ' means the curator, any assistant curator or any public officer
acting in a museum under the directions or on the instructions
of the curator.

3. (1) A museum shall be open to the public on such days
and during such hours as may be determined from time to time by
the Urban Council.

(2) Notice in the English and Chinese languages, stating the
days on which and the hours during which a museum shall be open
to the public shall be posted in a conspicuous place in the museum
and at the entrances thereto.

4. (1) No person shall copy or photograph in any manner
whatsoever any exhibit except in accordance with a permit granted
by the Authority.

(2) A permit granted under paragraph (1) shall be in such
form and subject to such conditions as may be specified by the
Authority.

5. (1) Every person carrying any umbrella, or bag, suitcase
or similar receptacle or, subject to paragraph (5), any walking stick
or cane, shall, on entering a museum, deposit it forthwith in a
cloakroom provided for that purpose.

(2) A receipt token shall be given to every person depositing
an article in accordance with paragraph (1).

(3) No liability for loss or damage to any article deposited in
accordance with paragraph (1) shall lie with the Government, the
Urban Council or the staff of the museum concerned.

These by-laws were made under the repealed Museums Ordinance (Cap. 230,
1971 Ed.) and, by virtue of section 36(1) of the Interpretation and General
Clauses Ordinance, continue to have the like effect as if they had been made
under the Public Health and Municipal Services Ordinance.





(4) Any article which is deposited in accordance with para-
graph (1) and which is not claimed by the depositor thereof within
one month after it was so deposited may be sold or otherwise
disposed of in such manner as the curator thinks fit.
(5) Paragraph (1) shall not apply in any case where it appears
to a member of the staff that the assistance of a walking stick or cane
is required by any person suffering from a physical disability.

6. (1) A member of the staff may require any person to leave
a museum, or any part thereof, where-
(a)he has reasonable grounds to believe that such person has
committed an offence in the museum;
(b)such person appears to be under the influence of drink or
drugs;
(c)such person is found sleeping or committing any nuisance
in the museum;
(d)such person is using any part of a museum for a purpose
for which it is not intended;
(e) such person is offensively unclean in person or in dress;
(f) such person is indecently clad;
(g)such person is found in any part of a museum not open to
the public.

(2) Any person who refuses or fails to leave a museum, or any
part thereof, when required to do so under paragraph (1) may, at the
discretion of the curator, be removed from the museum.

(3) Any person who refuses or fails to leave a museum, or any
part thereof, when required to do so under paragraph (1) shall be
guilty of an offence and shall be liable on conviction to a fine of $500
and to imprisonment for 1 month.

7. (1) Any person who wilfully destroys or damages any
exhibit in a museum, or any part of a museum or any of its furniture
or fittings, shall be guilty of an offence and shall be liable on
conviction to a fine of $500 and to imprisonment for 1 month.
(2) The curator may take all reasonable steps to prevent any
person from doing any act which, in the curator's opinion, may
cause the destruction of or damage to any exhibit in a museum or
any part of a museum or any its furniture or fittings.

8. Any person who in a museum wilfully obstructs any
member of the staff in the performance of his duties shall be guilty of
an offence and shall be liable on conviction to a fine of $500 and to
imprisonment for 1 month.

9. No person shall-
(a)bring any animal belonging to him or under his custody or
control into a museum or permit any such animal to enter
or remain in a museum;





(b)smoke in a museum, other than in any part thereof where it
is indicated by notice that smoking is permitted;

(c) make use of any naked light in a museum;

(d) unless authorized by the curator to do so-
(i) enter any part of a museum which is closed to the
public;
(ii) handle, disturb or otherwise interfere with any
exhibit in a museum;
(iii) consume any form of food or drink in a museum,
other than in any part thereof set aside for such a purpose;
(iv) bring, or cause to be brought, into a museum any
vehicle or other form of conveyance;
(v) affix any poster, bill, placard or notice to or upon a
museum;
(vi) use in a museum any radio apparatus, record
player, tape recorder, musical instrument or other ap-
paratus which emits sounds;
(vii) use any flash-light or other lighting apparatus
within any part of a museum open to the public.

10. Any person who contravenes by-law 4(1), by-law 5(1) or
any provision of by-law 9 shall be guilty of an offence and shall be
liable on conviction to a fine of $ 100.

11. (1) Any person aggrieved by any decision, direction or
requirement made or given in accordance with these by-laws by a
member of the staff of a museum may appeal in writing therefrom to
the Urban Council.

(2) After considering representations made to it on an appeal
under paragraph (1), the Urban Council may confirm, vary or set
aside any such decision, direction or requirement.
L.N. 165/71. 10 of 1986. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. Times when museums are open to public. Copying, etc., of exhibits. Articles to be deposited in cloakroom. Circumstances under which persons may be required to leave a museum. Wilful damage in a museum. Obstruction of staff. Prohibition of certain acts. Offences and penalties. Appeal to Urban Council.

Abstract

L.N. 165/71. 10 of 1986. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. Times when museums are open to public. Copying, etc., of exhibits. Articles to be deposited in cloakroom. Circumstances under which persons may be required to leave a museum. Wilful damage in a museum. Obstruction of staff. Prohibition of certain acts. Offences and penalties. Appeal to Urban Council.

Identifier

https://oelawhk.lib.hku.hk/items/show/2610

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

3
]]>
Tue, 23 Aug 2011 18:09:10 +0800
<![CDATA[MUSEUMS (REGIONAL COUNCIL) BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/2609

Title

MUSEUMS (REGIONAL COUNCIL) BY-LAWS

Description






MUSEUMS (REGIONAL COUNCIL) BY-LAWS

ARRANGEMENT OF BY-LAWS

By-law Page

1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... AV 2
2. Application ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... AV 2

3. Interpretation... .... ... ... ... ... ... ... ... ... ... ... ... ... AV 2
4. Administration of museums ... ... ... ... ... ... ... ... ... ... ... ... AV 2

5. Times when museums are open to public ... ... ... ... ... ... ... ... ... AV 2

6. Circumstances under which persons may be refused entry into a museum ... ... AV 2

7. Circumstances under which persons may be required to leave a museum ... ... AV 3

8. Articles to be deposited in cloakroom... ... ... ... ... ... ... ... ... AV 3
9. Copying, etc., of exhibits... ... ... ... ... ... ... ... ... ... ... ... AV 4

10. Wilful damage to walls, exhibits, etc . ... ... ... ... ... ... ... ... ... ... AV 4

11. Recovery of cost of repairs, etc. of damage to walls, exhibits, etc . ... ... ... ... AV 4

12. Prohibition of certain acts ... ... ... ... ... ... ... ... ... ... ... ... AV 4

13. Erection of structures and trading... ... ... ... ... .. ... ... ... ... AV 5

14. Obstruction of staff or other persons ... ... ... ... ... ... ... ... ... ... AV 5

15. Appeals ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... AV 6
16. Offences and penalties ... ... ... ... ... ... ... ... ... ... ... ... ... AV 6

17. Name in which proceedings for offences may be brought ... ... ... ... ... AV 6





MUSEUMS (REGIONAL COUNCIL) BY-LAWS

(Cap. 132, section 1051)

[11 February 1983.1

1. These by-laws may be cited as the Museums (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-

'curator' means the curator of a museum;

'Council' means the Regional Council;

'Head of Museurn' means the curator, manager or any other person
appointed by the Director of Regional Services as a Head of
Museum;

'manager' means the manager of a museum;

'member of the staff ' means a Head of Museum, curator, assistant
curator, manager and any person appointed by the Director of
Regional Services to assist a Head of Museum.

4. Subject to the directions of the Council, a Head of
Museum shall administer a museum.

5. (1) A museum shall be open to the public on such days
and during such hours as may be determined from time to time by
the Council.

(2) Notice in the English and Chinese languages, stating the
days on which and the hours during which a museum shall be open
to the public shall be posted in a conspicuous place in the museum or
at the entrances thereto.

(3) A Head of Museum may at any time and without notice
close temporarily a museum or any part thereof for all or any
purposes for such reason as he thinks fit.

6. (1) A member of the staff may refuse entry into a museum
to a person who, in his opinion, is-

(a) under the influence of drink or drugs;

(b) offensively unclean in person or in dress;

(c) indecently or insufficiently dressed; or

(d) likely to cause a nuisance.

(2) Except where permission is granted by a Head of Museum,
a member of the staff may refuse entry into a museum or any part
thereof to a child under 6 years' of age, whether or not such child is
accompanied by an adult.





(3) A member of the staff may refuse entry or re-entry into a
museum or any part thereof to any person whilst any exhibition or
performance therein is in progress.

7. (1) A member of the staff may require any person forth-
with to leave a museum or any part thereof---

(a)whom he has power to refuse entry under by-law 6(1)
or (2);

(b) whom he has reason to believe has committed or is about
to commit any offence punishable under these by-laws;

(e)who is found sleeping or committing any nuisance in the
museum;

(d)who is using any part of a museum for a purpose for which
it is not intended; or

(e)who refuses to obey any reasonable direction given to him
by a member of the staff in furtherance of the proper
management of a museum.

(2) Any person who refuses to leave a museum or any part
thereof when required to do so under paragraph (1) commits an
offence and may, in addition to any penalty to which he may become
liable, forthwith be removed from the museum or any part thereof at
the discretion of a member of the staff.

8. (1) Subject to paragraph (2) and by-laws 12 and 13, every
person carrying an umbrella, walking stick, cane or any article which
in the opinion of a member of the staff may cause annoyance or
inconvenience to other users of a museum, or a bag, suitcase or other
similar receptacle, shall on entering a museum, deposit it forthwith
in a cloakroom provided for that purpose.

(2) Paragraph (1) shall not apply in any case where it appears
to a member of the staff that the assistance of a walking stick or cane
is required for use by a person suffering from a physical disability.

(3) A member of the staff may refuse to accept for deposit in a
cloakroom of a museum any article referred to in paragraph (1) if it
appears to him that such article is inappropriate for deposit in the
cloakroom.

(4) An official receipt token shall be given by a member of the
staff to every person depositing an article in a cloakroom of a
museum.

(5) A member of the staff may refuse to return any article
deposited in a cloakroom of a museum if the person claiming the
article is unable to produce the official receipt token given to the
depositor when the article was deposited.

(6) No liability for the loss of or damage to any article
deposited in a cloakroom of a museum shall lie with the Govern-
ment, the Council or any member of the staff of the museum
concerned.





(7) If any article, which is deposited in a cloakroom of a
museum, is not claimed by the depositor thereof within 1 month
after it was so deposited, it may be sold or otherwise disposed of in
such manner as a Head of Museum thinks fit.

(8) The proceeds of sale of any article under paragraph (7)
shall be forfeited to the Council.

9. (1) No person shall copy or photograph in any manner
whatsoever any exhibit displayed in a museum except in accordance
with a permit granted by a Head of Museum.

(2) No person shall borrow any exhibit from a museum except
in accordance with a permit granted by the Council.

(3) A permit granted under paragraph (1) or (2) shall be in
such form and subject to such conditions as may be specified by a
Head of Museum or the Council, as the case may be.

10. (1) No person shall wilfully write upon, mark, soil or
otherwise damage in any way whatever or destroy any wall, door,
furniture, fitting or other thing in a museum, or any exhibit.

(2) A member of the staff may take all reasonable steps to
prevent any person from doing any act which, in his opinion, causes
or is likely to cause damage to or destruction of any part of a
museum, any furniture, fitting or other thing therein, or any exhibit.

11. (1) In addition to any penalty to which he may become
liable for a contravention of by-law 10(1), any person who writes
upon, marks, soils or otherwise damages in any way whatever or
destroys any wall, door, furniture, fitting or other thing in a museum
shall be liable to pay such sum of money as a Head of Museum
considers necessary for the repair or replacement thereof, and in
addition to such sum the person may be required to pay a surcharge
amounting to 20 per cent of such sum.

(2) In addition to any penalty to which he may become liable
for a contravention of by-law 10(1), any person who writes upon,
marks, soils or otherwise damages in any way whatever or destroys
any exhibit shall be liable to pay such sum of money as the Council
considers necessary for the repair or replacement thereof, and in
addition to such sum the person may be required to pay a surcharge
amounting to 20 per cent of such sum.

12. Except with the permission of a Head of Museum, no
person shall-

(a) introduce any animal, bird or fish into a museum;

(b)smoke or make use of any naked light in any part of a
museum in which smoking or the use of naked light is
prohibited;

(c) enter any part of a museum which is closed to the public;

(d) handle, disturb or otherwise interfere with any exhibit;





(e)take or consume any food or drink within a museum
otherwise than in any part thereof set apart for such
purpose;

bring, or cause to be brought, into a museum any wheeled
vehicle or other form of conveyance, or permit any such
vehicle or conveyance to remain in a museum, except
where such vehicle or conveyance is required for use by a
person suffering from a physical disability;

(g)use in a museum any radio apparatus, record, tape or
cassette player, musical instrument or other apparatus
which emits sound, or any type of wireless equipment or
transmitter the operation of which causes or is likely to
cause a disturbance within a museum, or otherwise cause a
disturbance within a museum; or

(h)use any flash-light or other lighting apparatus within any
part of a museum open to the public.

13. (1) No person shall, in a museum-

(a)erect any post, rail, fence, pole, tent, booth, stand, building
or other structure, or bring or allow to remain any mate-
rials for such a building or structure, or any display
material, except with the written permission of a Head of
Museum and subject to such conditions 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 museum 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, or any display material, which is
brought into or remains in a museum without the permission in
writing of a Head of Museum or contrary to any conditions imposed
by a Head of Museum, may be removed by a Head of Museum and,
if unclaimed after a period of 7 days, may be sold and the owner
thereof shall be liable for any costs of removal, storage and sale
which costs may be recovered from the owner by the Council.

(3) When anything is sold by a Head of Museum under
paragraph (2), the proceeds of sale, after deduction therefrom of any
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.

14. No person shall wilfully obstruct 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 museum
or of any of the facilities provided therein.





15. (1) Any person aggrieved by any decision, direction or
requirement made or given by a member of the staff may appeal in
writing therefrom to the Council.

(2) After considering representations made to it on an appeal
under paragraph (1), the Council may confirm, vary or set aside any
such decision, direction or requirement.

16. Any person who-

(a)contravenes by-law 8(1), 9(1) or (2), 10(1), 12, 13(1) or 14
commits an offence and is liable to a fine of $500 and to
imprisonment for 1 month;

(b)commits an offence under by-law 7(2) is liable to a fine of
$500 and to imprisonment for 1 month.

17. (1) Any sum which becomes due under the provisions of
these by-laws shall be recoverable as a debt due to the Council.

(2) 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, a prosecution for any offence under
these by-laws may be brought in the name of the Council.
L.N. 39/83. 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). Administration of museums. 10 of 1986, s. 32(2). Times when museums are open to public. 10 of 1986, s. 32(2). Circumstances under which persons may be refused entry into a museum. Circumstances under which persons may be required to leave a museum. 10 of 1986, s. 32(2). Articles to be deposited on cloakroom . 10 of 1986, s. 32(2). Copying, etc., of exhibits. 10 of 1986, s. 32(2). Wilful damage to walls, exhibits, etc. Recovery of cost of repairs, etc. of damage to walls, exhibits, etc. 10 of 1986, s. 32(2). Prohibition of certain acts. Erection of structures and trading. 10 of 1986, s. 32(2). Obstruction of staff or other persons. Appeals. 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. 39/83. 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). Administration of museums. 10 of 1986, s. 32(2). Times when museums are open to public. 10 of 1986, s. 32(2). Circumstances under which persons may be refused entry into a museum. Circumstances under which persons may be required to leave a museum. 10 of 1986, s. 32(2). Articles to be deposited on cloakroom . 10 of 1986, s. 32(2). Copying, etc., of exhibits. 10 of 1986, s. 32(2). Wilful damage to walls, exhibits, etc. Recovery of cost of repairs, etc. of damage to walls, exhibits, etc. 10 of 1986, s. 32(2). Prohibition of certain acts. Erection of structures and trading. 10 of 1986, s. 32(2). Obstruction of staff or other persons. Appeals. 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/2609

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

6
]]>
Tue, 23 Aug 2011 18:09:09 +0800
<![CDATA[MOSQUITO PREVENTION (URBAN COUNCIL) BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/2608

Title

MOSQUITO PREVENTION (URBAN COUNCIL) BY-LAWS

Description






MOSQUITO PREVENTION (URBAN COUNCIL) BY-LAWS

(Cap. 132, sections 28 and 149)

[22 March 1935.]

1. These by-laws may be cited as the Mosquito Prevention
(Urban Council) By-laws.

1A. In these by-laws 'Council' means the Urban Council.

1B. These by-laws apply to the Urban Council area only.

2. The occupier of any land or premises, and in the case of
unoccupied land or premises, the owner thereof shall keep such
land or premises in such a state as not to favour the existence or
propagation of mosquitoes and in particular shall-

(a)keep the said land or premises clear of empty tins or other
disused or unused matter or receptacles capable of retain-
ing water and prevent the accumulation of such matter or
receptacles except in a place suitable for their disposal and
in such a manner that they are not liable to retain water;

(b)prevent the formation anywhere therein of pools or of
waste or stagnant water or sullage, and prevent the making
of any excavation on the said land likely to retain water,
without the previous permission of the Council in writing;

(c)keep clean any cistern, water-butt or other receptacle used
for the storage of water, and keep the same covered or
protected in such a manner as to prevent the breeding of
mosquitoes therein.

3. (1) Except under and in accordance with a permit issued
by the Council and subject to such conditions as may be deemed
expedient, no person shall grow Sai Yeung Choi, Ung Choi or any
other form of crop the cultivation of which is deemed by the Council
to be favourable to the existence or propagation of mosquitoes.

(2) The Council may revoke any permit the holder of which
fails to comply with the conditions specified on the permit or with
the requirements of by-law 4.

4. The conditions under which alone it shall be lawful to grow
Sai Yeung Choi, Ung Choi or any other form of crop the cultivation
of which is deemed by the Council to be favourable to the existence
or propagation of mosquitoes, shall be-

Health and Municipal Services Ordinance, Chapter 132-see section 149(1)
of that Ordinance.





(a)the whole of the land under cultivation shall be at such a
level as to be self-draining towards a stream, water-course,
nullah, drain or other outfall to the satisfaction of the
Council;

(b)beds under cultivation shall not exceed 900 mm in width
and shall be maintained at all times during cultivation at a
height of not less than 150 mm above the surrounding
ground;

(c)there shall be no irrigation channels nor raised banks of
any kind whatsoever on the land under cultivation;

(d)paths between beds under cultivation shall not be overlaid,
either wholly or in part, by means of stones or other
material;

(e)the land under cultivation shall be maintained at all times
in such a manner as to prevent the formation of any
collection of water whatsoever.

5. No bamboo or other scaffolding shall be erected or main-
tained in which there is any exposed cavity capable of retaining
water.
15 of 1935. Schedule A. G.N.A. 19/49. 30 of 1960. L.N. 89/79. 10 of 1986. Citation. 10 of 1986, s. 32(2). Interpretation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Action with regard to mosquito nuisance. G.N.A. 19/49. G.N.A. 19/49. L.N. 89/79. Scaffolding.

Abstract

15 of 1935. Schedule A. G.N.A. 19/49. 30 of 1960. L.N. 89/79. 10 of 1986. Citation. 10 of 1986, s. 32(2). Interpretation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Action with regard to mosquito nuisance. G.N.A. 19/49. G.N.A. 19/49. L.N. 89/79. Scaffolding.

Identifier

https://oelawhk.lib.hku.hk/items/show/2608

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

2
]]>
Tue, 23 Aug 2011 18:09:08 +0800
<![CDATA[MINERAL OIL IN FOOD REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2607

Title

MINERAL OIL IN FOOD REGULATIONS

Description






MINERAL OIL IN FOOD REGULATIONS

(Cap. 132, section 55)

[30 November 1962.]

1. These regulations may be cited as the Mineral Oil in Food
Regulations.

2. In these regulations, unless the context otherwise requires-

'mineral oiV means any hydro-carbon product, whether liquid,
semi-liquid or solid, derived from any substance of mineral
origin and includes liquid paraffins (otherwise known as kero-
sene), white oils, petroleum jellies and hard paraffins.

3. Except as provided in regulation 4-

(a)no person shall use or permit to be used any mineral oil in
the composition or preparation of any article of food
intended for sale for human consumption;

(b)no person shall sell or offer, expose, possess or manufac-
ture for sale for human consumption any article of food
containing any mineral oil.

4. Regulation 3 shall not apply where-

(a)the amount of mineral oil contained in any article of food
does not exceed 0.2 parts by weight of mineral oil per 100
parts by weight of the article of food; and

(b)the presence of mineral oil in any article of food is due not
to its inclusion as an ingredient in the article of food but to
its use as a lubricant or greasing agent on some surface
with which the article of food has necessarily to come into
contact in the course of its preparation.

5. Any person who contravenes the provisions of regulation 3
shall be guilty of an offence and shall be liable on summary
conviction to a fine of $25,000 and to imprisonment for 6 months.

6. 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 regulations may be brought, in the case of
offences committed in-

(a) Urban Council area, in the name of the Urban Council;

(b)the Regional Council area, in the name of the Regional
Council.
G.N.A. 115/62. L.N. 67/85. 10 of 1986. L.N. 333/87. Citation. Interpretation. Prohibition of sale of food containing mineral oil. Exemption from prohibition. Offence and penalty. L.N. 333/87. Name in which proceedings for offences may be brought. L.N. 67/85. 10 of 1986, s. 32(2).

Abstract

G.N.A. 115/62. L.N. 67/85. 10 of 1986. L.N. 333/87. Citation. Interpretation. Prohibition of sale of food containing mineral oil. Exemption from prohibition. Offence and penalty. L.N. 333/87. Name in which proceedings for offences may be brought. L.N. 67/85. 10 of 1986, s. 32(2).

Identifier

https://oelawhk.lib.hku.hk/items/show/2607

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

1
]]>
Tue, 23 Aug 2011 18:09:07 +0800
<![CDATA[MILK (URBAN COUNCIL) BYLAWS]]> https://oelawhk.lib.hku.hk/items/show/2606

Title

MILK (URBAN COUNCIL) BYLAWS

Description






MILK (URBAN COUNCIL) BYLAWS

ARRANGEMENT OF BYLAWS

Bylaw Page

PART I

PRELIMINARY

1. Citation ............................AS 3
2. Application .........................AS 3
3. Interpretation ......................AS 3
4. Amendment of Schedule 1 .............AS 4

PART 11

SALE OF MILK AND MILK
BEVERAGES

5. Permits to sell milk or milk beverage AS 4
5A. Restriction on sale, etc. of imported milk or milk beverage AS 4
6. Prohibition of sale of milk or milk beverage in certain cases AS 5
7. Milk or milk beverage to be heat-treated before sale AS 5
8. Ingredient not to be added to cream .AS 6
9. Milk not to be sold except in approved containers AS 6
10. (Repealed) .........................m 6
11. As to beverages resembling, etc. milk AS 6
12. Precautions against contamination of milk, etc . AS 6
13. Milk or milk beverage to be kept below 10'C pending sale AS 7
13A. Transport of milk or milk beverage AS 7

PART III

PROCESSING AND RECONSTITUTING MILK AND MILK
BEVERAGES

14. Business of milk factory not to be carried out except by licence AS 7
15. Application for licence ............AS 8
16. Conditions of grant of licence .....AS 8
17. Restriction on alterations or additions to licensed premises AS 10
18. Prohibition of possession of contaminated or adulterated milk or milk
beverage by licensees under this Part ..AS 10
19. Requirements as to heat-treatment apparatus AS 11

20. Control of heat-treatment of m-ilk or milk beverage from outside Hong Kong AS 11

21. Certain ingredients not to be used in the reconstitution of milk or milk
beverage ...............................AS 11
21A. Prohibition of use by licensee of milk other than from licensed dairies AS 12

10 - - ~--





Bylaw Page

22......................................General cleanliness of premises and equipment AS 12
23......................................Construction and design of vessels or containers AS 12
24......................................Sterilization of vessels and utensils AS 12

25. Utensils used in the processing of milk or milk beverage not to be used for

drinking .............................AS 13
26......................................Restriction on smoking AS 13

27. Milk or milk beverage processing establishments not to be used for dwelling

purposes ..........................AS 13

28. Prevention of contamination of milk or milk beverage by contact with certain

clothing .............................AS 13
29......................................Spitting AS 13
30......................................Personal cleanliness AS 14
31......................................Prevention of vermin AS 14

32. Yards, alleys, etc. not to be used for processing or reconstituting milk or milk

beverage .............................AS 14
33......................................Cleansing of water tanks AS 14
34......................................General precautions against contamination of milk or milk beverage AS 15
35......................................Restriction on employment of persons likely to spread disease AS 15
36......................................Immunization of staff against certain diseases AS 16

PARTIV
MISCELLANEOUS
37. Prevention of supply of milk or milk beverage to the danger of public health AS 16

38......................................Keeping of report books AS 17
39......................................Fees AS 17
40......................................Offences and penalties AS 17
41......................................Name in which proceedings for offences may be brought AS 18

Schedule 1. Methods of heat-treatment ...AS 19

Schedule.................................2.Fees
............................................................................................................. AS 19





MILK (URBAN COUNCIL) BYLAWS
(Cap. 132, section 56)
[11 November 19601 G.N.A.132 of 1960

G.N.A. 106 of 1960 - 5 of 1961, G.N.A. 37 of 1962, L.N. 86 of 1964, L.N. 32 of 1967, L.N. 133 of
1970, L.N. 101 of 1971, L.N. 280 of 1975, L.N. 259 of 1977, L.N. 165 of 1978, L.N. 89 of
1979, L.N. 74 of 1980, L.N. 92 of 1981, L.N. 230 of 1982, L.N. 101 of 1983, 10 of 1986,
L.N. 144 of 1987, L.N. 232 of 1987, L.N. 298 of 1987, R. Ed. 1987, L.N. 347 of 1989, 1
0

PART 1

PRELIMINARY

1. Citation

These bylaws may be cited as the Milk (Urban Council) Bylaws.

(10 of 1986s. 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

'bottling' means, in relation to milk or any milk beverage, any method of inserting
milk or a milk beverage into bottles or other kinds of containers for sale or for
use in the making or preparation of food for sale; (L.N. 259 of 1977)

'business as a milk factory' means a business described under bylaw 14(2); (L.N.
101 of 1971)

'container' includes any cover attached to a container;

'Council' means the Urban Council;

'disease' means any disease of a communicable nature;

'heat-treatment' means the processing of milk or any milk beverage by any of the
methods described in Schedule 1; (L.N. 259 of 1977)

'licence' means a licence granted under bylaw 14; (L.N. 101 of 1971)

'milk' means cow's milk, buffalo's milk and goat's milk and also means cream and
frozen or reconstituted milk and cream, but does not include separated milk,
dried milk or condensed milk;





'milk beverage' means any beverage resulting from the combining with a liquid

of milk fat and other solids derived from milk whether exclusive of any
food additive or otherwise; (L.N. 259 of 1977)
'processing' means, in relation to milk or any milk beverage, heat-treatment,
bottling or storage for heat-treatment, and bottling for sale or for use in
the making or preparation of food for sale; (L.N. 259 of 1977)
'reconstituted milk' means products resulting from the recombining with water
of milk constituents, namely, milk fat and other solids derived from milk
exclusive of any other substance, and includes the products resulting from
the melting of frozen concentrated milk, and 'to reconstitute milk' shall be
construed accordingly; (L.N. 32 of 1967)
',sale' includes to sell, offer or expose for sale or possess for the purpose of sale.

4. Amendment of Schedule 1

The Council may from time to time, by notification published in the

Gazette, amend Schedule 1.

PART 11

SALE OF MILK AND MILK BEVERAGES
(L.N. 259 of 1977)

5. Permits to sell milk or milk beverage

(1) No person shall sell any milk or milk beverage for human

consumption save under and in accordance with the permission in writing of the
Council granted under by-law 31 of the Food Business (Urban Council) By-laws
(Cap. 132 sub. leg.).

(2) Notwithstanding anything contained in paragraph (1), no permit shall
be required for the sale in sealed containers of such brands of sterilized milk or
sterilized milk beverage as the Council may approve, if it is satisfied that there is
no danger to public health. (L.N. 86 of 1964)
(L.N. 259 of 1977; 10 of 1986 s. 32 (2)


(1) No person shall sell or advertise for sale, any milk or milk beverage

imported into Hong Kong from a source of manufacture other than a source of
manufacture which has been approved by the Council.

(2) For the purpose of this bylaw, the Council shall not approve any
source of manufacture of milk or milk beverage unless it is satisfied that heat-





treatment is included in the process of manufacture of such milk or milk beverage.

(3) In any proceedings for an ofrence under paragraph (1) alleging advertising
for sale, it shall be a defence for a defendant to prove that he was at the time the
ofrence is alleged to have occurred a person whose business it was to publish, or
arrange for the publication of, advertisements and that he received the
advertisement for publication in the ordinary course of that business.

(L.N. 144 of 1987)

6. Prohibition of sale of milk or milk

beverage in certain cases

(1) No person shall sell any milk or milk beverage for human consumption if

(a)except in the case of imported frozen pasteurized whole milk, it has
been heat-treated more than once; or

(b)it contains at any time before heat-treatment, more than 200 000
bacteria per millilitre or any coliform organisms in 1/1000th (0.00 1) of a
millilitre; or

(c)it contains at any time after heat-treatment by any of the methods of
pasteurization described in Schedule 1 more than 30 000 bacteria per
millilitre or any coliform organisms in 1 / 1 10th (0.1) of a millilitre; or
(L.N.144 of 1987)

(d)it contains at any time after heat-treatment by any of the methods of
sterilization described in Schedule 1 a colony count of 10 or more, (L.N.
101 of 1971; L.N. 144 of 1987)

(2) For the purposes of this bylaw, milk or a milk beverage shall be deemed to
be possessed for the purpose of sale notwithstanding that it is intended that such
milk or such milk beverage shall be subjected to heat-treatment before sale.

(G.N.A. 37 of 1962; L.N. 259 of 1977)

7. Milk or milk beverage to he beat-treated before sale

No person shall sell for human consumption any milk or any milk beverage
which has not been heat-treated: (L.N. 259 of 1977)

Provided that nothing in this bylaw shall be construed to prevent

(a) the sale-

(i) of milk by wholesale to a milk factory; or

(ii) of milk which is to be used as an ingredient in any other article of
food which requires cooking after the addition of the milk before
it can be consumed; or

(b) the possession for the purposes of sale of any such milk.





8. Ingredient not to he added to cream

No person shall sell for human consumption any cream to which an ingredient
other than one specified in item 12 of the First Schedule to the Food and Drugs
(Composition and Labelling) Regulations (Cap. 132 sub. leg.) has been added, and
no such ingredient shall be added in an amount in excess of that permitted by that
item.

(L.N. 347 of 1989)

9. Milk not to he sold except in approved containers

No person shall sell any milk for human consumption save in containers of a
type approved by the Council:

Provided that the provisions of this bylaw shall not apply to milk which is sold
by wholesale to a milk factory.

10. (Repealed L.N. 32 of 1967)

11. As to beverages resembling, etc. milk

(1) No person shall sell for human consumption

(a) any milk beverage; (L.N. 259 of 1977)

(b)any beverage which is described for the purpose of sale by any name,
trade mark or trade description which includes the word 'milk' or
'cream' or the Chinese characters V3 or or any word or character
implying that such beverage is or contains milk or cream; or

(c)any soya bean juice or coconut juice (except in whole coconuts) or
any other beverage which resembles milk either in colour, taste,
appearance or consistency,

unless it is contained in a container of a type approved by the Council. (L.N. 32 of
1967)

(2) The provisions of paragraph (1) shall not apply to any beverage specified in
that paragraph which is sold for human consumption on premises in respect of
which a licence has been granted by the Council under the Food Business (Urban
Council) By-laws (Cap. 132 sub. leg.) so long as such beverage is not sold under
any description which is false or misleading as to the true nature of its principal
ingredients. (10 of 1986 s. 32(2)

12. Precautions against contamination of milk, etc.

Every person in possession for the purpose of sale of any milk or any of the
beverages specified in bylaw 11 (1) shall take all reasonable and proper precautions
to prevent infection or contamination thereof.





13. Milk or milk beverage to be kept

below 10`C pending sale

(1) No person shall keep any milk or any milk beverage, except sterilized milk or
a sterilized milk beverage in sealed containers, for the purpose of sale in any place
the temperature of which exceeds 10'C.

(2) No person shall transport, or cause to be transported, for the purposes of
his trade or business any milk or any milk beverage, except sterilized milk or a
sterilized milk beverage in sealed containers, in such manner that the temperature of
the milk or the milk beverage at any time during transport exceeds 1 10'C

(G.N.A. 37 of 1962; L.N. 133 of 1970; L.N. 259 of 1977)

13A. Transport of milk or milk beverage

(1) No person shall transport or cause to be transported, for the purpose of his
trade or business, any milk or any milk beverage unless

(a)in the case of milk or milk beverage which has not been heat-treated,
such milk or milk beverage is contained in vessels, containers or
receptacles of a type which is hygienically suitable for the
transportation of such milk or milk beverage;

(b)in the course of transportation all reasonable and proper precautions
are taken to prevent infection or contamination thereof; and

(c)the interior of the vehicle or conveyance used for or in connection
with the transportation of such milk or milk beverage is kept in a clean
condition at all times.

(2) Without lawful authority or lawful excuse no person shall open the vessel,
container or receptacle containing any milk or milk beverage in the course of
transportation.

(L.N. 347 of 1989)

PART 111

PROCESSING AND RECONSTITUTING MILK AND MILK
BEVERAGES

(L.N. 259 of 1977)

14. Business of milk factory not to he
carried out except by licence

(1) Save under and in accordance with a milk factory licence granted by the
Council and in such premises as shall be specified in such licence, no person shall
carry on a business as a milk factory.





(2) For the purpose of this bylaw, a person carries on a business as a milk
factory if he processes or reconstitutes any milk or milk beverage or causes any milk
or milk beverage to be processed or reconstituted for the purpose of sale.

(3) This bylaw does not apply where any milk or any milk beverage is processed
or reconstituted on premises in relation to which a restaurant licence has been
granted by the Council under the Food Business (Urban Council) By-laws (Cap. 132
sub. leg.) and such milk or such milk beverage is for consumption on the licensed
premises. (10 of 1986 s. 32(2) )

(L.N. 101 of 1971; L.N. 259 of 1977)

15. 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 whole of that part of any premises in which the
applicant intends to carry on any operation involving the processing or
reconstituting of milk or any milk beverage, and such plan shall include particulars of
the following--- (L.N. 259 of 1977)

(a) sanitary fitments and ablution facilities;

(b)built in clothing lockers or cloakrooms, passage ways or open spaces
(if any);

(c)rooms or other spaces (if any) for the exclusive use of staff or
employees;

(d) all means of exit, entry and internal communication;

(e)all windows or ducts providing ventilation or, where any mechanical
means of ventilation is provided, such means;

the siting of all furniture and fittings of a substantial and permanent
nature, including heat-treatment plant, cleansing, refrigeration or
cooling equipment, sterilization machinery or storage and bottling
equipment, and any fixed sideboards, washbasins, sinks, water tanks
or other like articles;

(g) means of refuse storage or disposal; and

(h) the drainage system, including all inlets into the system.

(2) Every copy of such plan, or any modification thereof, which is approved by
the Council shall be endorsed to that effect by the Secretary of the Council, and one
copy shall be returned to the applicant and the remaining 2 copies shall be retained
by the Council.

16. Conditions of grant of licence

No such licence shall be granted unless the Council is satisfied in relation to
the premises in respect of which the application for such licence was made that





(a)the plan referred to in bylaw 15 has been approved by the Council and
that the premises conform thereto;

(b)the means of ventilation which is provided, whether natural or
mechanical or partly natural and partly mechanical, is sufficient in
every part of the premises, other than a part exclusively used for
storage, to safeguard the health in that respect of the maximum
number of persons likely to be engaged therein at any one time;

(c)sanitary fitments are provided to a standard not less than that required
by regulation 5 of the Building (Standards of Sanitary Fitments,
Plumbing, Drainage Works and Latrines) Regulations (Cap. 123 sub.
leg.);

(d)public mains water is laid on to the premises and a storage tank is
provided for such water which is of sufficient size having regard to the
daily quantity of water likely to be used upon the premises, and proof
against access of dust and mosquitoes:

Provided that, where the Council is satisfied that public mains
water cannot reasonably be laid on for all or any purposes, the
Council may in its discretion approve such other water supply as,
having regard to considerations of public health, it may consider
adequate;

(e)in every part of the premises in which any milk or any milk beverage is
processed or reconstituted

(i)the floors and internal surfaces of the walls to a height of not less
than 2 m are surfaced with smooth, light coloured, non-absorbent
material and the junctions between the walls and floors are
coved; (L.N. 89 of 1979)

(ii) the ceilings are impervious to dust; and

(iii) the ceilings and those parts of such walls as are not specified
in subparagraph (i) are limewashed or painted a light colour;
sufficient ablution facilities are provided for the use of persons
employed therein and that such ablution facilities are conveniently
situated having regard to the nature of the work of such persons;

(g)sufficient and suitable cloakroom or locker accommodation, situated
otherwise than in a part of the premises in which any milk or any milk
beverage is processed, reconstituted or stored, is provided for the
outer garments and other personal effects of persons employed
therein; and

(h)no fresh air intake to any ventilation pipe included in the soil drainage
system of the premises is situated in any part of the premises in which
milk or any milk beverage is processed or reconstituted, and every
inlet into such system which is situated in any such part of the
premises is trapped.

(L.N. 259 of 1977)





17.Restriction on alterations or additions
to licensed premises

After the grant 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 premises to
which the licence relates

(a)any alteration or addition which would result in a material deviation
from the plan thereof approved under bylaw 15; or

(b)any material alteration in respect of any of the matters specified in
bylaw 15(1) as matters in respect of which particulars must be
included in the plan delivered pursuant to the provisions of that
paragraph.

18.Prohibition of possession of contaminated
or adulterated milk or milk beverage by
licensees under this Part

(1) No licensee under this Part shall distribute in the course of the business in
respect of which such licence was granted, or shall have in his possession for the
purpose of such distribution, any milk or any milk beverage which

(a)except in the case of imported frozen pasteurized whole milk, has been
heat-treated more than once;

(b)contains at any time before heat-treatment more than 200 000 bacteria
per millilitre or any coliform organisms in 1/1000th (0.001) of a millilitre;

(c)after having been subjected to heat-treatment by any of the methods
of pasteurization described in Schedule 1 whether by him or any other
person, contains at any time more than 30 000 bacteria per millilitre or
any coliform organisms in 1/10th (0. 1) of a millilitre; (L.N. 144 of 1987)

(d)after having been subjected to heat-treatment by any of the methods
of sterilization described in Schedule 1 whether by him or any other
person, has a colony count of 10 or more; or (L.N. 144 of 1987)

(e)fails to comply with the standards of composition relating to milk or
any milk beverage specified in the Food and Drugs (Composition and
Labelling) Regulations (Cap. 132 sub. leg.). (L.N. 101 of 1971)

(2) For the purpose of this bylaw any milk or any milk beverage found upon any
premises to which a licence under this Part relates shall be deemed to be in the
possession of the licensee for the purpose of distribution in the course of the
business in respect of which such licence was issued.

(G.N.A. 37 of 1962; L.N. 259 of 1977)





19. Requirements as to heat-treatment apparatus

(1) Every such licensee shall cause any plant or apparatus used by him for the
heat-treatment of milk or any milk beverage to be equipped with one or more self-
registering thermometer devices to indicate and record the temperature to which,
and the length of time during which, the milk or the milk beverage has been heated.

(2) No such licensee shall subject any milk or any milk beverage to heat-
treatment unless the apparatus used therefor--

(a) is of a type approved by the Council;

(b) is thermostatically controlled; and

(e)save as otherwise permitted in writing by the Council, is provided with
an automatic device to divert the flow of any milk or any milk beverage
which has not been retained at the requisite temperature for the
requisite period of time having regard to the method of heat-treatment
used, from the flow of such milk or such milk beverage as has been
retained at such temperature for such period of time.

(3) Every thermometer reading taken in pursuance of the provisions of
paragraph (1) shall be recorded and retained by the licensee for not less than 2
months, and shall be available for inspection at all reasonable times by any health
officer or health inspector.

(L.N. 259 of
1977)

20. Control of heat-treatment of milk or

beverage from outside Hong Kong

Save with the permission in writing of the Council, no person shall subject any
milk or milk beverage to heat-treatment other than milk or a milk beverage produced
or reconstituted in Hong Kong.

(L.N. 259 of 1977; 10 of
1986 s. 32(2)

21. Certain ingredients not to be used in the reconstitution

of milk or milk beverage

(1) No person shall use for the purpose of reconstituting milk or any milk
beverage- (L.N. 259 of 1977)

(a)any butter, milk powder, concentrated milk or other ingredient unless
the same has been obtained from a source approved by the Council;

(b)any water, except public mains water, unless the same has been
obtained from a source approved by the Council; or

(c)any colouring matter which is not a permitted colouring matter within
the meaning of the Colouring Matter in Food Regulations (Cap. 132
sub. leg.).





(2) The Council may by notification published in the Gazette signify its
approval of any source in respect of which approval is required by paragraph (1).

other than from licensed dairies

No licensee under this Part shall process or cause to be processed any milk
unless such milk is obtained from a dairy in relation to which a licence has been
granted under the Dairies Regulations (Cap. 139 sub. leg.).
(L.N. 101 of 1971)

22. General cleanliness of premises and equipment

Every such licensee shall, at all times, cause all parts of the premises
to which the licence relates, and all fittings and equipment therein, to be
maintained in proper repair and in a clean condition and free from noxious
matters, and shall cause the floor of every part of any premises which are used
for the processing or reconstituting of milk or any milk beverage to be
thoroughly cleansed with water not less than once in every 24 hours.
(L.N. 259 of 1977)

23. Construction and design of vessels or containers

No such licensee shall use, or cause to be used, in the course, or for the
purpose, of processing, reconstituting or storing milk or any milk beverage any
vessel or container unless such vessel or container is made of such material, and
to such design, as the Council may approve.
(L.N. 259 of 1977)

24. Sterilization of vessels and utensils

(1) No such licensee shall cause any vessel, container or utensil to be used
in the processing, reconstitution, storage or distribution of milk or any milk
beverage unless it has been thoroughly cleansed and subsequently sterilized with
steam or clean boiling water, or by such other method as the Council may
permit in writing either generally or in any particular case, since the last
occasion upon which it was used or before it is first used, as the case may be.
(2) All parts of any heat-treatment machinery shall, at all times, be kept
in a clean condition, and every part thereof which comes into contact with any
milk or milk beverage during its heat-treatment shall, as often as may be
necessary, be washed with clean water or a suitable detergent (in which case it
shall be rinsed with clean water after it has been washed with the detergent),
and then sterilized with steam or boiling water or by such other method as the
Council may permit in writing either generally or in any particular case.
(L.N. 259 of 1977)





25. Utensils used in the processing of milk or milk
beverage not to he used for drinking
No person shall drink, or suffer any other person to drink, out of any
vessel, container or utensil used in the course of processing or reconstituting
milk or any milk beverage.
(L.N. 259 of 1977)

26. Restriction on smoking
No person shall smoke, or suffer any other person to smoke, while engaged
in processing or reconstituting milk or any milk beverage.
(L.N. 259 of 1977)

27. Milk or milk beverage processing establishments
not to he used for dwelling purposes
No person shall use, or suffer any other person to use, for dwelling
purposes any part of any premises in which milk or any milk beverage is
processed or reconstituted.
(L.N. 259 of 1977)

28. Prevention of contamination of milk or milk
beverage by contact with certain clothing
No person shall hang up or otherwise keep, or suffer any other person to
hang up or otherwise keep, whether temporarily or permanently, any clothing,
bedding or personal effects in any part of any premises in which milk or any
milk beverage is processed or reconstituted,
(L.N. 259 of 1977)

29. Spitting
(1) In any premises in which milk or any milk beverage is processed or
reconstituted-
(a)no person shall spit in any part of the premises in which the milk
or the milk beverage is processed or reconstituted; and
(b)no person shall spit in any other part of the premises except into
a spittoon or other receptacle provided for the purpose.
(2) Where spittoons or receptacles are provided, the licensee 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 with the permission in writing of the Council, every such licensee
shall cause one or more notices, prohibiting spitting and written in English and
Chinese, to be continuously displayed in a conspicuous manner in every part of
the premises in which milk or any milk beverage is processed or reconstituted.
(L.N. 259 of 1977)





30. Personal cleanliness

Every person who takes part in the processing, reconstituting or
transportation of milk or any milk beverage shall while so engaged- (L.N.
259 of 1977,- L.N. 347 of 1989)
(a)keep all parts of his person and of his outer garments as clean as
may be reasonably practicable; and
(b)keep any open cut or abrasion on any exposed part of his person
covered with a suitable waterproof dressing.

31. Prevention of vermin

(1) Save where exempted in writing by the Council, every such licensee
shall cause every hollow space, crevice or other place in any premises used by
him for processing or reconstituting milk or any milk beverage, which is likely
to harbour vermin or to constitute a means of access for vermin, to be
eliminated or sealed off.
(2) No person shall place, or suffer to be placed or to remain placed, any
furniture or equipment, other than such as may be moved without difficulty by
one man, so near to any wall of any premises in which milk or any milk
beverage is processed or reconstituted as to obstruct access to any part of such
wall, or such furniture or equipment, for the purpose of the cleaning of the
same.
(3) No person shall knowingly suffer the existence of any vermin in any
part of any premises in which milk or any milk beverage is processed or
reconstituted.
(L.N. 259 of 1977)

32. Yards, alleys, etc. not to he used for processing
or reconstituting milk or milk beverage

No person shall use, or suffer to be used, any yard, alley, open space or
roof top for processing, reconstituting or storing of milk or any milk beverage.
(L.N. 259 of 1977)

33. Cleansing of water tanks

(1) Every such licensee shall-
(a)cause the inside of every water tank or container provided for the
storage of water on any premises used by him for processing or
reconstituting milk or any milk beverage to be cleansed in the
months of March, June, September and December in each year
by scrubbing out the same with a solution of not less than fifty
parts of chlorine in one million parts of water; and (L.N. 259 of
1977)





(b)cause the date upon which such cleaning was last carried out to
be recorded in a conspicuous manner upon each such water tank
or container.
(2) Without prejudice to the provisions of paragraph (1), any health
officer or health inspector may serve upon such licensee a notice requiring him
to cause any such water tank or container to be cleansed in such manner and
within such time as shall be specified in the notice.

34. General precautions against contamination
of milk or milk beverage

Without prejudice to anything contained in these bylaws, every such
licensee shall take all reasonable and proper precautions in and in connection
with processing and reconstituting of milk or any milk beverage, including the
distribution or other handling thereof, to prevent contamination of the milk or
the milk beverage.
(L.N. 259 of 1977)

35. Restriction on employment of persons
likely to spread disease

(1) No person suffering from a discharging wound or sore or from a disc-
harge of the ear or from attacks of vomiting or diarrhoea or from a sore throat
shall take any part in processing or reconstituting milk or any milk beverage:
Provided that a health officer may issue a certificate to any such person
exempting him from the provisions of this paragraph in any case in which such
health officer is satisfied that no danger to the public health is involved.
(2) Any person who is employed or working in premises in which milk or
any milk beverage is processed or reconstituted, shall, if so required in writing
by a health officer, submit himself to medical examination at such time and
at such place as such health officer may direct and, if after such medical
examination, a health officer is satisfied that such person is suffering from any
communicable disease, or is likely to communicate to any other person any
communicable disease, such last mentioned health officer may notify such
person in writing to that effect, and such person shall forthwith cease to work in
such premises or in any other premises in which milk or any milk beverage is
processed or reconstituted.
(3) A notice given under paragraph (2) shall continue in force until it is
cancelled by a further notice in writing by a health officer declaring such first
mentioned notice to be cancelled. -
(4) No person shall cause, or suffer or permit, any person, other than a
person who has been duly exempted from paragraph (1), whom he knows or
has reason to believe to be suffering from any of the complaints specified in that





paragraph to be employed or take part in processing or reconstituting milk or any
milk beverage.

(5) No person shall cause, or suffer or permit, any person in respect of whom he
knows or has reason to believe that a notice given under paragraph (2) is in force to
be employed or take part in processing or reconstituting milk or any milk beverage.

(L.N. 259 of 1977)

36. Immunization of staff against certain diseases

(1) No person shall be employed or work in any part of any premises in which
milk or any milk beverage is processed or reconstituted unless he has been
immunized in accordance with such of the requirements of a notification under
paragraph (3) as apply to him.

(2) No such licensee shall employ in any premises used by him for processing
or reconstituting milk or any milk beverage any person whom he knows or has
reason to believe has not been immunized in accordance with the provisions of
paragraph (1) or of a notification under paragraph (3). (L.N. 165 of 1978)

(3) The Council may from time to time by notification published in the Gazette
require persons employed or working in premises in which milk or any milk beverage
is processed or reconstituted to be immunized against such diseases as may be
specified in such notification.

(L.N. 230 of 1982)

PART IV

MISCELLANEOUS

37.Prevention of supply of milk or milk beverage
to the danger of public health

(1) If any health officer or veterinary officer is of the opinion that infectious or
other disease is caused, or is likely to be caused, by the consumption of milk or any
milk beverage derived from any particular source, premises or processing or
reconstituting plant or that the public health is likely to be endangered by the act or
default of any purveyor of milk or any milk beverage or his servants or agents, such
health officer or such veterinary officer may, by notice in writing, direct that the
supply, distribution or sale of such milk or such milk beverage shall be terminated or
restricted for such period and subject to such conditions as may be specified in the
direction. (L.N. 259 of 1977)





(2) Any person who considers himself aggrieved by any direction given

under paragraph (1) may, within 14 days after the giving of the same, appeal
by way of petition to the Governor in Council and upon any such appeal the
Governor in Council shall confirm vary or if it has not already been withdrawn
cancel the direction.

(3) In any case in which the Gavernor in Council is satisfied that the

direction ought not to have been given, order the payment to the

of such sum, if any, as having regard to all

appellant by way 16

the circumstances may consider just.

(4) Every such payment shall be made out of general revenue. (10 of 1986 s. 32
(2)

38. Keeping of report books

(1) The Council may provide in any premises in which any business which
involves the processing, reconstitution, sale or distribution of milk or any milk
beverage is carried on a report book or form for the use of visiting health officers
and health inspectors. (L.N. 259 of 1977)

(2) Where any such book or form has been so provided, the licensee or
proprietor, as the case may be, of the business shall, at all times, cause such book or
form to be kept upon such premises and available for use by any such health officer
or health inspector.

(3) No person shall destroy any such book or form or alter or obliterate any
entry made therein.

39. Fees

(1) Every licence granted under the provisions of Part 111 shall be renewable on
1 January in each year.

(2) Every such licence shall be granted or renewed upon payment of the
appropriate fee prescribed in Schedule 2:

Provided that, where any such licence is granted after 30 June in any year, the
fee payable in respect of the grant of that licence shall be one-half of the fee so
prescribed.

(3) Where the Council is satisfied that any such licence has been lost or
destroyed, the Council may, upon payment of a fee of $80 issue a duplicate
thereof. (L.N. 101 of 1983; L.N. 232 of 1987)

40. 011ences and penalties

(1) A person commits an offence who

(a)contravenes any of the provisions of bylaw 5, 5A(I), 6, 7, 8, 9,
11(1), 12, 13, 13A, 14, 17, 18, 19, 20, 21(1), 21A, 22, 23, 24, 25,
26, 27, 28, 29, 30, 31, 32, 33(1), 34, 35(1), (4) or (5), 36(1) or (2) or
38(2) or (3); (L.N. 101 of 1971; L.N. 144 of 1987; L.N. 347 of
1989)





(b)fails to comply with any of the requirements of a notice served
upon him under the provisions of bylaw 33(2);
(e)being a person employed or working in premises in which milk or
any milk beverage is processed or reconstituted, fails-
(i)to submit himself to medical examination when required to
do so under the provisions of bylaw 35(2); or
(ii)to cease to work in any such premises when required to do
so by the provisions of that paragraph; (L.N. 259 of 1977)
(d)fails to comply with any of the requirements of notification
published in the Gazette under the provisions of bylaw 36(3);
(e)fails to comply with any direction given under the provisions of
bylaw 37(1), unless the same has been varied or cancelled by the
Governor in Council under the provisions of paragraph (2) of
that bylaw; or
where any direction given under the provisions of bylaw 37(1) has
been varied by the Governor in Council under the provisions of
paragraph (2) of that bylaw, fails to comply with such direction
as so varied.
(2) A person who is guilty of an offence under these bylaws shall be liable
on summary conviction to a fine and imprisonment as follows and, where the
offence is a continuing offence, to an additional fine as follows for each day
during which it is proved to the satisfaction of the court that the offence has
continued-
(a)in the case of an offence under bylaw 5 or 14 a fine of $25,000, im-
prisonment for 6 months and $500 for each day as aforesaid; and
(b)in the case of any other offence mentioned in paragraph (1) a fine
of $5,000, imprisonment for 3 months and $150 for each day as
aforesaid.
(L.N. 165 of 1978; L.N. 298 of 1987)

41. Name in which proceedings for
ofTences 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 such offences, prosecutions for an offence under
any of the provisions of these bylaws may be brought in the name of the Council.

SCHEDULE 1 [bylaws 3 & 41

METHODS OF HEAT-TRFATAIENT

1. Pasteurization-
(a)by the 'Holder Method', namely, by retaining milk or a milk beverage for not less
than 30 minutes at a temperature of not less than 63 nor more than WC and then
immediately cooling it to a temperature of not more than ITC; or





(b)by the 'High Temperature Short Time Method', namely, by retaining milk or a milk
beverage for a period of not less than 15 seconds at a temperature of not less than
72'C and then immediately cooling it to a temperature of not more than WC.

2. Sterilization-
(a)namely, by homogenizing the milk or the milk beverage by means of any process
whereby the globules of butter fat in the milk or the milk beverage are broken up so
as to remain suspended uniformly throughout the milk or the milk beverage which is
then heated to and retained at a temperature of not less than 100'C for a period of
not less than 25 minutes in the same containers as such milk or such milk beverage is
subsequently to be disposed of for human consumption; or
(b)the 'Ultra High Temperature Method', namely by heating the milk or the milk
beverage to a temperature of not less than 132'C and retaining it at not less than that
temperature for at least 1 second, and thereafter putting immediately into the
sterilized containers in which it is to be supplied to the consumer, which shall be filled
and sealed at the premises at which the treatment has been carried out with such
aseptic precautions as will ensure the protection of the milk or the milk beverage
from risk of contamination.
(L.N. 133 of 1970; L.N. 101 of 1971; L.N. 259 of 1977)

SCHEDU 2 [bylaws 39]
Size of premises by refer cc to floor area Fee

Exceeding Not exceeding
M2 M2
100 .............................................................. 1,325
100 150 .............................................................. 1,660
150 200 ................................................................. 1 2,320
200 250 .............................................................. 2,980
250 300 ........................................................................... 3,640
300 350 .................................................................... * ** 4,310
350 400 ~ ..................................................................................................................
4,970
400 450 ......................................................................................................................
5,630
450 500 ........................................................................................................................
. 6,300
500 600 ........................................................................................... .................. 7,300
600 700............................................................................................................
............................8,600


700 8 ...................................9,940
800 ..................................................... ... ...................................... 11,260
900 .............................................................................................. 12,600
1000................................................................................... 19,900






2000 3000 .................................33,100
3000......................................0(0 46,400
4000......................................5000 59,600
5000...............................................................................................................................
..........................................66,300
(L.N. 232 of 1987)

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/2606

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

19
]]>
Tue, 23 Aug 2011 18:09:07 +0800
<![CDATA[MILK (REGIONAL COUNCIL) BYLAWS]]> https://oelawhk.lib.hku.hk/items/show/2605

Title

MILK (REGIONAL COUNCIL) BYLAWS

Description






MILK (REGIONAL COUNCIL) BYLAWS

ARRANGEMENT OF BYLAWS

Bylaw Page

PART 1

PRELIMNARY

1. Citation ............................AR 3
2. Application .........................AR 3

3. Interpretation ...................
............................................ AR 3

PART II

SALE OF MILK AND MILK BEVERAGES

4. Permits to sell milk or milk beverage ................................................... AR 4

4A.......................................Restriction on sale, etc. of imported milk or milk beverage AR 4
5. Prohibition of sale of milk or milk beverage in certain cases AR 5
6. Milk or milk beverage to be heat-treated before sale AR 5

7. Ingredient not to be added to cream ............................................................... AR 5

8. Milk not to be sold except in approved containers AR 6

9.............................(Repealed) .......... AR 6
10.............................As to beverages resembling, etc. milk ................ AR 6
11.............................Precautions against contamination of milk, etc . ............................... AR 6
12.............................Milk or milk beverage to be kept below 10'C pending sale
.............................AR 7
12A............................Transport of milk or milk beverage AR 7

PART III

PROCESSING AND RECONSTITUTING MILK AND MILK
BEVERAGES

13.......................................Business of milk factory not to be carried out except by licence AR 7
14.......................................Application for licence AR 8
15.......................................Conditions of grant of licence AR 8
16.......................................Restriction on alterations or additions to licensed premises AR 10

17. Prohibition of possession of contaminated or adulterated milk or milk

beverage by licensees under this Part .............................................. AR 10
is........................Requirements as to heat-treatment apparatus AR 11





Bylaw Page
19. Control of heat-treatment of milk or milk beverage from outside Hong Kong AR 11
20. Certain ingredients not to be used in the reconstitution of milk or milk
beverage .............................AR 11
20A......................................Licensee not to process milk from unlicensed dairies AR 12
21.......................................General cleanliness of premises and equipment AR 12
22.......................................Construction and design of vessels or containers AR 12
23.......................................Sterilization of vessels and utensils AR 12
24. Utensils used in the processing of milk or milk beverage not to be used for
drinking .............................AR 13
25.......................................Restriction on smoking AR 13
26. Milk or milk beverage processing establishments not to be used for dwelling
purposes ..........................AR 13
27. Prevention of contamination of milk or milk beverage by contact with certain
clothing .............................AR 13
28.......................................Spitting AR 13
29.......................................Personal cleanliness AR 14
30.......................................Prevention of vermin AR 14
31. Yards, alleys, etc. not to be used for processing or reconstituting milk or milk
beverage ..........................AR 14
32.......................................Cleansing of water tanks AR 15
33.......................................General precautions against contamination of milk or milk beverage AR 15
34.......................................Restriction on employment of persons likely to spread disease AR 15
35.......................................Immunization of staff against certain diseases AR 16

PART IV
MISCELLANEOUS
36.Prevention of supply of milk or milk beverage to the danger of public health AR 16
37.......................................Keeping of report books AR 17
38.......................................Fees AR 17
39.......................................Offences and penalties AR 18
40.......................................Name in which proceedings for offences may be brought AR 18

Schedule 1. Methods of heat-treatment ...AR 19

Schedule 2................................Fees ..................................................................................
..........................................AR 19





MILK (REGIONAL COUNCIL) BYLAWS
(Cap. 132, section 56)

[1 July 19631

L.N. 64 of 1963 - L.N. 31 of 1967, L.N. 127 of 1970, L.N. 131 of 1971, L.N. 155 of 1976, L.N.
218 of 1977, L.N. 183 of 1978, L.N. 89 of 1979, L.N. 132 of 1982, L.N. 166 of 1982, L.N.
211 of 1983, L.N. 67 of 1985, 10 of 1986, L.N. 35 of 1987, L.N. 114 of 1987, L.N. 299 of
1987, R. Ed. 1987, L.N. 65 of 1988, L.N. 101 of 1989, L.N. 338 of 1989,

PART I

PRELIMINARY

1. Citation

These bylaws may be cited as the Milk (Regional Council) Bylaws.

(10 of 1986 s.
32(2) )

2. Application

These bylaws apply to the Regional Council area only.

(10 of 1986s.
32 (2) )

3. Interpretation

In these bylaws, unless the context otherwise requires

'bottling' means, in relation to milk or any milk beverage, any method of inserting
milk or a milk beverage into bottles or other kinds of containers for sale or for
use in the making or preparation of food for sale; (L.N. 218 of 1977)

'business as a milk factory' means such a business as is described in bylaw 13(2);
(L.N. 131 of 1971)

'container' includes any cover attached to a container;

'Council' means the Regional Council;

'disease' means any disease of a communicable nature;

'heat-treatment' means the processing of milk or any milk beverage by any of the
methods described in Schedule 1; (L.N. 218 of 1977)

'licence' means a milk factory licence granted under bylaw 13; (L.N. 131 of
1971)

'milk' means cow's milk, buffalo's milk and goat's milk and also means cream and
frozen or reconstituted milk and cream, but does not include separated milk,
dried milk or condensed milk;





'milk beverage' means any beverage resulting from the combining with a liquid of
milk fat and other solids derived from milk, whether exclusive of any food
additive or otherwise; (L.N. 218 of 1977)

'processing' means, in relation to milk or any milk beverage, heat-treatment, bottling
or storage for heat-treatment, and bottling for sale or for use in the making or
preparation of food for sale; (L.N. 218 of 1977)

'reconstituted milk' means products resulting from the recombining with water of
milk constituents, namely, milk fat and other solids derived from milk exclusive
of any other substance, and includes the products resulting from the melting of
frozen concentrated milk, and 'to reconstitute milk' shall be construed
accordingly; (L.N. 31 of 1967)

'sell' includes to offer or expose for sale or possess for the purpose of sale.
(10 of 1986s. 32 (2)

PART 11

SALE OF MILK AND MILK BEVERAGES
(L.N. 218 of 1977)

4. Permits to sell milk or milk beverage

(1) No person shall sell any milk or milk beverage for human consumption save
under and in accordance with the permission in writing of the Council granted under
bylaw 30 of the Food Business (Regional Council) Bylaws (Cap. 132 sub. leg.).

(2) Notwithstanding anything contained in paragraph (1), no permit shall be
required for the sale in sealed containers of such brands of sterilized milk or sterilized
milk beverage as the Council may approve, if it is satisfied that there is no danger to
public health. (L.N. 31 of 1967)

(L.N. 218 of 1977; 10 of 1986 s. 32(2)

milk or milk beverage

(1) No person shall sell or advertise for sale, any milk or milk beverage imported
into Hong Kong from a source of manufacture other than a source of manufacture
which has been approved by the Council.

(2) For the purpose of this bylaw, the Council shall not approve any source of
manufacture of milk or milk beverage unless it is satisfied that heat treatment is
included in the process of manufacture of such milk or milk beverage.

(3) In any proceedings for an offence under paragraph (1) alleging advertising
for sale, it shall be a defence for a defendant to prove that he was at the time the
offence is alleged to have occurred a person whose business it was





to publish, or arrange for the publication of, advertisements and that he received the
advertisement for publication in the ordinary course of that business.

(L.N. 114 of 1987)

5. Prohibition of sale of milk or milk

beverage in certain cases

(1) No person shall sell any milk or milk beverage for human consumption if

(a)except in the case of imported frozen pasteurized whole milk, it has
been heat-treated more than once; or

(b)it contains at any time before heat-treatment, more than 200 000
bacteria per millilitre or any coliform organisms in 1/1000th (0.001) of a
millilitre; or

(c)it contains at any time after heat-treatment by any of the methods of
pasteurization described in Schedule 1 more than 30 000 bacteria per
millilitre or any coliform organisms in 1/10th (0.1) of a milfilitre; or
(L.N.114 of 1987)

(d)it contains at any time after heat-treatment by any of the methods of
sterilization described in Schedule 1 a colony count of 10 or more.
(L.N. 131 of 1971; L.N. 114 of 1987)

(2) For the purposes of this bylaw, milk or a milk beverage shall be deemed to
be possessed for the purpose of sale notwithstanding that it is intended that such
milk or such milk beverage shall be subjected to beattreatment before sale.

(L.N. 218 of 1977)

6. Milk or ~ beverage to be heat-treated before sale

No person shall sell for human consumption any milk or any milk beverage that
has not been heat-treated: (L.N. 218 of 1977)

Provided that nothing in this bylaw shall be construed to prevent- (10 of 1986
s. 32 (2) )

(a) the sale-

(i) of milk by wholesale to a milk factory; or

(ii)of milk that is to be used as an ingredient in any other article of
food that requires cooking after the addition of the milk before it
can be consumed; or

(b) the possession for the purposes of sale of any such milk.

7. Ingredient not to be added to cream

No person shall sell for human consumption any cream to which an ingredient
other than one specified in item 12 of the First Schedule to the Food





and Drugs (Composition and Labelling) Regulations (Cap. 132 sub. leg.) has been
added, and no such ingredient shall be added in an amount in excess of that
permitted by that item.

(L.N. 338 of 1989)

8. Milk not to he sold except in approved containers

No person shall sell any milk for human consumption save in containers of

ù type approved by the Council:

Provided that this bylaw shall not apply to milk that is sold by wholesale to

ù milk factory.

(10 of 1986 s. 32(2)

9. (Repealed L.N. 31 of 1967)

10. As to beverages resembling, etc. milk

(1) No person shall sell for human consumption

(a) any milk beverage; (L.N. 218 of 1977)

(b)any beverage that is described for the purpose of sale by any name,
trade mark or trade description that includes the word 'milk' or
'cream' or the Chinese characters 'W or or any word or character
implying that such beverage is or contains milk or cream; or

(c)any soya bean juice or coconut juice (except in whole coconuts) or
any other beverage that resembles milk either in colour, taste,
appearance or consistency,

unless it is contained in a container of a type approved by the Council. (L.N. 31 of
1967)

(2) Paragraph (1) shall not apply to any beverage specified in that paragraph
that is sold for human consumption on premises in respect of which a licence has
been granted by the Council under the Food Business (Regional Council) Bylaws
(Cap. 132 sub. leg.), so long as such beverage is not sold under any description that
is false or misleading as to the true nature of its principal ingredients.

(10 of 1986s. 32 (2)

11. Precautions against contamination of milk, etc.

Every person in possession for the purpose of sale of any milk or any of the
beverages specified in bylaw 10(1) shall take all reasonable and proper precautions
to prevent infection or contamination thereof.

(10 of 1986 s. 32(2)





12. Milk or milk beverage to be kept

below 10'C pending sale

(1) No person shall keep any milk or any milk beverage, except sterilized milk or
a sterilized milk beverage in sealed containers, for the purpose of sale in any place
the temperature of which exceeds 10'C.

(2) No person shall transport, or cause to be transported, for the purpose of his
trade or business any milk or any milk beverage, except sterilized milk or a sterilized
milk beverage in sealed containers, in such manner that the temperature of the milk or
the milk beverage at any time during transport exceeds MC.

(L.N. 127 of 1970; L.N. 218 of 1977)

12A. Transport of milk or milk beverage

(1) No person shall transport or cause to be transported, for the purpose of his
trade or business, any milk or any milk beverage unless

(a)in the case of milk or milk beverage which has not been heat-treated,
such milk or milk beverage is contained in vessels, containers or
receptacles of a type which is hygienically suitable for the
transportation of such milk or milk beverage;

(b)in the course of transportation all reasonable and proper precautions
are taken to prevent infection or contamination thereof; and

(c)the interior of the vehicle or conveyance used for or in connection
with the transportation of such milk or milk beverage is kept in a clean
condition at all times.

(2) Without lawful authority or lawful excuse no person shall open the vessel,
container or receptacle containing any milk or milk beverage in the course of
transportation.

(L.N. 338 of 1989)

PART 111

PROCESSING AND RECONSTITUTING MILK AND MILK
BEVERAGES

(L.N. 218 of 1977)

13. Business of milk factory not to be
carried out except by licence

(1) Save under and in accordance with a milk factory licence granted by the
Council and in such premises as shall be specified in such licence, no person shall
carry on a business as a milk factory.





(2) For the purpose of this bylaw, a person carries on a business as a milk
factory if he processes or reconstitutes any milk or milk beverage or causes any
milk or milk beverage to be processed or reconstituted for the purpose of sale.
(3) This bylaw does not apply to milk or any milk beverage which is
processed or reconstituted on premises in relation to which a restaurant licence
has been granted by the Council under the Food Business (Regional Council)
Bylaws (Cap. 132 sub. leg.) and such milk or such milk beverage is solely for
consumption on those premises.
(L.N. 131 of 19 71; L.N. 218 of 1977; 10 of 1986 s. 32 (2)

14. Application for licence
(1) Every application for such a licence shall be made in writing ad-
dressed to the Council and shall be accompanied by 3 copies of a plan, as
nearly as may be to scale, of the whole of that part of any premises in which
the applicant intends to carry on any operation involving the processing or
reconstituting of milk or any milk beverage, and such plan shall include
particulars of the following--- (L.N. 218 of 1977)
(a) sanitary fitments and ablution facilities;
(b)built in clothing lockers or cloakrooms, passage ways or open
spaces (if any);
(c)rooms or other spaces (if any) for the exclusive use of staff or
employees;
(d) all means of exit, entry and internal communication;
(e)all windows or ducts providing ventilation or, where any
mechanical means of ventilation is provided, such means;
the siting of all furniture and fittings of a substantial
and permanent nature, including heat-treatment plant, cleans-
ing, refrigeration or cooling equipment, sterilization machinery
or storage and bottling equipment, and any fixed sideboards,
washbasins, sinks, water tanks or other like articles;
(g) means of refuse storage or disposal; and
(h) the drainage system, including all inlets into the system.
(2) Every copy of such plan, or any modification thereof, that is approved
by the Council shall be endorsed to that effect, and one copy shall be returned
to the applicant and the remaining 2 copies shall be retained by the Council.
(10 of 1986s. 32 (2)

15. Conditions of grant of licence
No such licence shall be granted unless the Council is satisfied in relation to
the premises in respect of which the application for the licence was made that-
(a)it has approved the plan referred to in bylaw 14 and the premises
conform thereto;





(b)the means of ventilation that is provided, whether natural or
mechanical or partly natural and partly mechanical, is sufficient
in every part of the premises, other than a part exclusively used
for storage, to safeguard the health in that respect of the
maximum number of persons likely to be engaged therein at any
one time;
(c)sanitary fitments are provided to a standard not less than that
required by regulation 5 of the Building (Standards of Sanitary
Fitments, Plumbing, Drainage Works and Latrines) Regulations
(Cap. 123 sub. leg.);
(d)public mains water is laid on to the premises and a storage tank is
provided for such water that is of sufficient size having regard to
the daily quantity of water likely to be used upon the premises,
and proof against access of dust and mosquitoes:
Provided that, where the Council is satisfied that public
mains water cannot reasonably be laid on for all or any purposes,
the Council may in its discretion approve such other water supply
as, having regard to considerations of public health, it considers
adequate;
(e)in every part of the premises in which any milk or any milk
beverage is processed or reconstituted-
(i)the floors and internal surfaces of the walls to a height of
not less than 2 m are surfaced with smooth, light coloured,
non-absorbent material and the junctions between the walls
and floors are coved; (L.N. 89 of 1979)
(ii) the ceilings are impervious to dust; and
(iii) the ceilings and those parts of such walls as are not specified
in subparagraph (i) are limewashed or painted a light colour;
sufficient ablution facilities are provided for the use of persons
employed therein and that such ablution facilities are con-
veniently situated having regard to the nature of the work or
such persons;
(g)sufficient and suitable cloakroom or locker accommodation,
situated otherwise than in a part of the premises in which any
milk or any milk beverage is processed, reconstituted or stored, is
provided for the outer garments and other personal effects or
persons employed therein; and
(h)no fresh air intake to any ventilation pipe included in the soil
drainage system of the premises is situated in any part of the
premises in which milk or any milk beverage is processed or
reconstituted, and every inlet into such system that is situated in
any such part of the premises is trapped.
(L.N. 218 of 1977; 10 of 1986 s. 32(2)





16.Restriction on alterations or additions
to licensed premises

After the grant 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 premises to
which the licence relates

(a)any alteration or addition that would result in a material deviation from
the plan thereof approved under bylaw 14; or

(b)any material alteration in respect of any of the matters specified in
bylaw 14(1) as matters in respect of which particulars must be included
in the plan delivered pursuant to the provisions of that paragraph.

(10 of 1986 s. 32(2)

17.Prohibition of possession of contaminated
or adulterated milk or milk beverage by
licensees under this Part

(1) No licensee under this Part shall distribute in the course of the business in
respect of which such licence was granted, or shall have in his possession for the
purpose of such distribution, any milk or any milk beverage which

(a)except in the case of imported frozen pasteurized whole milk, has been
heat-treated more than once;

(b)contains at any time before heat-treatment more than 200 000 bacteria
per millilitre or any coliform organisms in 1/1000th (0.001) of a millilitre;

(c)after having been subjected to heat-treatment by any of the methods
of pasteurization described in Schedule 1 whether by him or any other
person, contains at any time more than 30 000 bacteria per millilitre or
any coliform organisms in 1/ 10th (0.1) of a millilitre; (L.N. 114 of1987)

(d)after having been subjected to heat-treatment by any of the methods
of sterilization described in Schedule 1 whether by him or any other
person, has a colony count of 10 or more; or (L.N. 114 of 1987)

(e)fails to comply with the standards of composition relating to milk or
any milk beverage specified in the Food and Drugs (Composition and
Labelling) Regulations (Cap. 132 sub. leg.). (L.N. 131 of 1971)

(2) For the purpose of this bylaw any milk or any milk beverage found upon any
premises to which a licence under this Part relates shall be deemed to be in the
possession of the licensee for the purpose of distribution in the course of the
business in respect of which such licence was issued. (10 of 1986 s.32(2))

(L.N. 218 of 1977)





18. Requirements as to heat-treatment apparatus

(1) Every such licensee shall cause any plant or apparatus used by him for
the heat-treatment of milk or any milk beverage to be equipped with such
indicating and recording thermometer as the Council may consider necessary
and so installed as to indicate and record the temperature to which, and the
length of time during which, the milk or the milk beverage has been heated and
the temperature to which the milk or the milk beverage is subsequently cooled.
(2) No such licensee shall subject any milk or any milk beverage to
heat-treatment unless the apparatus used therefor-
(a) is of a type approved by the Council;
(b) is thermostatically controlled; and
(c)save as otherwise permitted in writing by the Council, is provided
with an automatic device to divert the flow of any milk or
any milk beverage that has not been retained at the requisite
temperature for the requisite period of time having regard to the
method of heat-treatment used, from the flow of such milk or
milk beverage as has been retained at such temperature for such
period of time:
Provided that subparagraphs (b) and (c) shall not apply to any case in
which heat-treatment is effected by means of the holder process.
(3) Every thermometer reading taken in pursuance of paragraph (1) shall
be recorded and retained by the licensee for not less than 2 months, and shall be
available for inspection at all reasonable times by a health officer or health
inspector.
(L.N. 218 of 1977; 10 of 1986 s. 32(2)

19. Control of heat-treatment of milk or milk
beverage from outside Hong Kong

Save with the permission in writing of the Council, no person shall subject
any milk or milk beverage to heat-treatment other than milk or a milk beverage
produced or reconstituted in Hong Kong.
(L.N. 218 of 19 77; 10 of 1986 s. 32 (2)

20. Certain ingredients not to he used in the
reconstitution of milk or milk beverage

(1) No person shall use for the purpose of reconstituting milk or any milk
beverage- (L.N. 218 of 1977)
(a)any butter, milk powder, concentrated milk or other ingredient
unless the same has been obtained from a source approved by the
Council;





(b)any water, except public mains water, unless the same has been
obtained from a source approved by the Council; or
(e)any colouring matter that is not a permitted colouring matter
within the meaning of the Colouring Matter in Food Regulations
(Cap. 132 sub. leg.).
(2) The Council may by notification published in the Gazette signify its
approval of any source in respect of which approval is required by para-
graph (1).
(10 of 1986 s. 32(2)

20A. Licensee not to process milk
from unlicensed dairies

No licensee under this Part shall process or cause to be processed any milk
unless such milk is obtained from a dairy in relation to which a licence has been
granted under the Dairies Regulations (Cap. 139 sub. leg.).
(L.N. 131 of 1971)

21. General cleanliness of premises and equipment

Every such licensee shall, at all times, cause all parts of the premises
to which the licence relates, and all fittings and equipment therein, to be
maintained in proper repair and in a clean condition and free from noxious
matters, and shall cause the floor of every part of any premises that are used for
the processing or reconstituting of milk or any milk beverage to be thoroughly
cleansed with water not less than once in every 24 hours.
(L.N. 218 of 1977)

22. Construction and design of vessels or containers

No such licensee shall use, or cause to be used, in the course, or for the
purpose, of processing, reconstituting or storing milk or any milk beverage any
vessel or container unless such vessel or container is made of such material, and
to such design, as the Council may approve.
(L.N. 218 of 1977; 10 of 1986 s. 32(2)

23. Sterilization of vessels and utensils

(1) No such licensee shall cause any vessel, container or utensil to be used
in the processing, reconstitution, storage or distribution of milk or any milk
beverage unless it has been thoroughly cleansed and subsequently sterilized
with steam or clean boiling water, or by such other method as the Council
may permit in writing either generally or in any particular case, since the last
occasion upon which it was used or before it is first used, as the case may be.





(2) All parts of any heat-treatment machinery shall, at all times, be kept in a
clean condition, and every part thereof that comes into contact with any milk or milk
beverage during its heat-treatment shall, as often as may be necessary, be washed
with clean water or a suitable detergent (in which case it shall be rinsed with clean
water after it has been washed with detergent), and then sterilized with steam or
boiling water or by such other method as the Council may permit in writing either
generally or in any particular case.

(L.N. 218 of 1977,- 10 of 1986 s. 32(2)

24.Utensils used in the processing of milk or milk
beverage not to he used for drinking

No person shall drink, or suffer any other person to drink, out of any vessel,
container or utensil used in the course of processing or reconstituting milk or any
milk beverage.

(L.N. 218 of 1977)

25. Restriction on smoking

No person shall smoke while engaged in processing or reconstituting milk or
any milk beverage.

(L.N. 218 of 1977)

26.Milk or milk beverage processing establishments
not to he used for dwelling purposes

No person shall use for dwelling purposes any part of any premises in which
milk or any milk beverage is processed or reconstituted.

(L.N. 218 of 1977)

27.Prevention of contamination of milk or milk
beverage by contact with certain clothing

No person shall hang up or otherwise keep, or suffer any other person to hang
up or otherwise keep, whether temporarily or permanently, any clothing, bedding or
personal effects in any part of any premises in which milk or any milk beverage is
processed or reconstituted.

(L.N. 218 of 1977)

28. Spitting

(1) In any premises in which milk or any milk beverage is processed or
reconstituted

(a)no person shall spit in any part of the premises in which the milk or
the milk beverage is processed or reconstituted; and

(b)no person shall spit in any other part of the premises except into a
spittoon or other receptacle provided for the purpose.





(2) Where spittoons or receptacles are provided, the licensee 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 such
licensee shall cause one or more notices, prohibiting spitting and written in
English and Chinese, to be continuously displayed in a conspicuous manner in
every part of the premises in which milk or any milk beverage is processed or
reconstituted. (10 of 1986 s. 32(2)
(L.N. 218 of 1977)

29. Personal cleanliness
Every person who takes part in the processing, reconstituting or trans-
portation of milk or any milk beverage shall while so engaged- (L.N. 218 of
1977; L.N. 338 of 1989)
(a)keep all parts of his person and of his outer garments as clean as
may be reasonably practicable; and
(b)keep any open cut or abrasion on any exposed part of his person
covered with a suitable waterproof dressing.

30. Prevention of vermin
(1) Save where exempted in writing by the Council, every such licensee
shall cause every hollow space, crevice, or other place in any premises used by
him for processing or reconstituting milk or any milk beverage, that is likely to
harbour vermin or to constitute a means of access for vermin, to be eliminated
or sealed off. (10 of 1986 s. 32(2) )
(2) No person shall place, or suffer to be placed or to remain placed, any
furniture or equipment, other than such as may be moved without difficulty by
one man, so near to any wall of any premises in which milk or any milk
beverage is processed or reconstituted as to obstruct access to any part of such
wall, or such furniture or equipment, for the purpose of the cleaning of the
same.
(3) No person shall knowingly suffer the existence of any vermin in any
part of any premises in which milk or any milk beverage is processed or
reconstituted.
(L.N. 218 of 1977)

31. Yards, alleys, etc. not to he used for processing or
reconstituting milk or milk beverage
No person shall use, or suffer to be used, any yard, alley, open space or
roof top for processing, reconstitution or storing of milk or any milk beverage.
(L.N. 218 of 1977)





32. Cleansing of water tanks
(1) Every such licensee shall-
(a)cause the inside of every water tank or container provided for the
storage of water on any premises used by him for processing or
reconstituting milk or any milk beverage to be cleansed in the
months of March, June, September and December in each year
by scrubbing out the same with a solution of not less than fifty
parts of chlorine in one million parts of water; and (L.N. 218
of 1977)
(b)cause the date upon which such cleansing was last carried out to
be recorded in a conspicuous manner upon each such water tank
or container.
(2) Without prejudice to the provisions of paragraph (1), any health
officer or health inspector may serve upon such licensee a notice requiring him
to cause any such water tank or container to be cleansed in such manner and
within such time as may be specified in the notice.

33. General precautions against contamination
of milk or milk beverage

Without prejudice to anything contained in these bylaws, every such
licensee shall take all reasonable and proper precautions in and in connection
with processing and reconstituting of milk or any milk beverage, including the
distribution or other handling thereof, to prevent contamination of the milk or
the milk beverage.
(L.N. 218 of 1977; 10 of 1986 s. 32(2)

34. Restriction on employment of persons
likely to spread disease
(1) No person suffering from a discharging wound or sore or from a
discharge of the car or from attacks of vomiting or diarrhoea or from a sore
throat shall take any part in processing or reconstituting milk or any milk
beverage:
Provided that a health officer may issue a certificate to any such person
exempting him from this paragraph in any case in which such health officer is
satisfied that no danger to the public health is involved.
(2) Any person who is employed or working in premises in which milk or
any milk beverage is processed or reconstituted, shall, if so required in writing
by a health officer, submit himself to medical examination at such time and at
such place as such health officer may direct and, if after such medical
examination, a health officer is satisfied that such person is suffering from any
communicable disease, or is likely to communicate to any other person any





communicable disease, such last mentioned health officer may notify such person in
writing to that effect, and such person shall forthwith cease to work in such
premises or in any other premises in which milk or any milk beverage is processed or
reconstituted.

(3) A notice given under paragraph (2) shall continue in force until it is
cancelled by a further notice in writing by a health officer declaring such first
mentioned notice to be cancelled.

(4) No person shall cause, or suffer or permit, any person, other than a person
who has been duly exempted from paragraph (1), whom he knows or has reason to
believe to be suffering from any of the complaints specified in that paragraph to be
employed or take part in processing or reconstituting milk or any milk beverage.

(5) No person shall cause, or suffer or permit, any person in respect of whom he
knows or has reason to believe that a notice given under paragraph (2) is in force to
be employed or take part in processing or reconstituting milk or any milk beverage.

(L.N. 218 of 1977)

35. Immunization of staff against certain diseases

(1) No person shall be employed or work in any part of any premises in which
milk or any milk beverage is processed or reconstituted unless he has been
immunized in accordance with such of the requirements of a notification under
paragraph (3) as apply to him. (L.N. 166 of 1982)

(2) No such licensee shall employ in any premises used by him for processing
or reconstituting milk or any milk beverage any person whom he knows or has
reason to believe has not been immunized in accordance with paragraph (1) or a
notification under paragraph (3). (L.N. 183 of 1978)

(3) The Council may from time to time by notification published in the Gazette
require persons employed or working in premises in which milk or any milk beverage
is processed or reconstituted to be immunized against such

diseases as may be specified in such notification. (L.N. 166 of 1982; 10 of 1986
s.32(2))
PART IV
MISCELLANEOUS
36. Prevention of supply of milk or milk beverage
to the danger of public health

(1) If any health officer or veterinary officer is of the opinion that infectious or
other disease is caused, or is likely to be caused, by the consumption of milk or any
milk beverage derived from any particular source,





premises or processing or reconstituting plant or that the public health is likely to be
endangered by the act or default of any purveyor of milk or any milk beverage or his
servants or agents, such health officer or such veterinary officer may, by notice in
writing, direct that the supply, distribution or sale of such milk or such milk beverage
shall be terminated or restricted for such period and subject to such conditions as
may be specified in the direction. (L.N. 218 of 1977)

(2) Any person who considers himself aggrieved by any direction given under
paragraph (1) may, within 14 days after the giving of the same, appeal by way of
petition to the Governor in Council, and upon any such appeal the Governor in Council
shall confirm, vary or if it has not already been withdrawn, cancel the direction.


(3) In any case in which the Governor in Council is satisfied that the
direction ought not to have been given, he may order the payment to the
appellant by way of compensation of such sum, if any, as, having regard to all
the circumstances, he may consider just. -
&a

(4) Every such payment shall be made out of general revenue. (10 of 1986s.32(2))

37. Keeping of report books

(1) The Council may provide in any premises in which any business that
involves the processing, reconstitution, sale or distribution of milk or any milk
beverage is carried on a report book or form for the use of visiting health officers
and health inspectors. (L.N. 218 of 1977; 10 of 1986 s. 32(2) )

(2) Where any such book or form has been so provided, the licensee or
proprietor, as the case may be, of the business shall, at all times, cause such book or
form to be kept upon such premises and available for use by any such health officer
or health inspector.

(3) No person shall destroy any such book or form or alter or obliterate any
entry made therein.

38. Fees

(1) Every licence granted under the provisions of Part 111 shall be renewable on
1 January in each year.

(2) Every such licence shall be granted or renewed upon payment of the
appropriate fee prescribed in Schedule 2:

Provided that, where the licence is granted after 30 June in any year, the fee
payable in respect of the grant thereof shall be one-half of the fee so prescribed.

(3) Where the Council is satisfied that any such licence has been lost or
destroyed, it may, upon payment of a fee of $105, issue a duplicate thereof. (L.N. 211
of 1983; 10 of 1986 s. 32(2); L.N. 35 of 1987; L.N. 65 of 1988; L.N. 101 of 1989)





39. Offences and penalties

(1) A person commits an offence who

(a)contravenes the provisions of bylaw 4, 4A(1), 5, 6, 7, 8, 10(1), 11, 12,
12A, 13, 16, 17, 18, 19, 20(1), 20A, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30,
31, 32(1), 33, 34(1), (4) or (5), 35(1) or (2) or 37(2) or (3); (L.N. 131 of
1971; L.N. 114 of 1987; L.N. 338 of 1989)

(b)fails to comply with any of the requirements of a notice served upon
him under bylaw 32(2);

(e)being a person employed or working in premises in which milk or any
milk beverage is processed or reconstituted, fails- (L.N. 218 of 1977)

(i) to submit himself to medical examination when required to do so
under bylaw 34(2); or

(ii) to cease to work in any such premises when required to do so by
the provisions of that paragraph;

(d)fails to comply with any of the requirements of a notification
published in the Gazette under bylaw 35(3);

(e)fails to comply with any direction given under bylaw 36(1), unless the
same has been varied or cancelled by the Governor in Council under
paragraph (2) of that bylaw; or

where any direction given under bylaw 36(1) has been varied by the
Governor in Council under paragraph (2) of that bylaw, fails to
comply with such direction as so varied.

(2) A person who is guilty of an ofrence under these bylaws shall be liable on
summary conviction to a fine and imprisonment as follows and, where the offence is
a continuing offence, to an additional fine as follows for each day during which it is
proved to the satisfaction of the court that the ofrence has continued

(a)in the case of an offence under bylaw 4 or 13 a fine of $25,000,
imprisonment for 6 months and $500 for each day as aforesaid; and

(b)in the case of any other offence mentioned in paragraph (1) a fine of
$5,000, imprisonment for 3 months and $150 for each day as aforesaid.

(L.N. 183 of 1978; 10 of 1986 s. 32(2); L.N. 299 of 1987)

40. 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 such offences, prosecutions for any offence





under any of the provisions of these bylaws may be brought in the name of the
Council.

(10 of 1986 s. 32(2)

SCHEDULE1 [bylaw 31

METHODS OF HEAT-TREATMENT

1. Pasteurization-

(a)by the 'Holder Method', namely by retaining milk or a milk beverage for not less
than 30 minutes at a temperature of not less than 63 nor more than WC and then
immediately cooling it to a temperature of not more than 1 0'C or

(b)by the 'High Temperature Short Time Method', namely, by retaining milk or a
milk beverage for a period of not less than 15 seconds at a temperature of not less
than 72'C and then immediately cooling it to a temperature of not more than WC.

2. Sterilization-

(a)by homogenizing the milk or the milk beverage by means of any process whereby
the globules of butter fat in the milk or the milk beverage are broken up so as to
remain suspended uniformly throughout the milk or the milk beverage which is then
heated to and retained at a temperature of not less than 100'C for a period of not
less than 25 minutes in the same containers as those in which the milk or the milk
beverage is to be disposed of for human consumption; or

(b)by the 'Ultra High Temperature Method', namely, by heating the milk or the milk
beverage to a temperature of not less than 132'C and retaining it at not less than
that temperature for at least 1 second and thereafter putting it immediately into the
sterilized containers in which it is to be supplied to the consumer, which shall be
filled and sealed at the premises at which the treatment has been carried out with
such aseptic precautions as will ensure the protection of the milk or the milk
beverage from risk of contamination.

(L.N. 127 of 1970; L.N. 131 of 1971; L.N. 218 of 1977)

SCHEDULE 2 [bylaw 38(2)]
Fees
Size of . p premises by reference to floor area Fee

Exceeding Not exceeding $
m 2 M2

100 . 1,765
100 150 2,200
150 200 3,090
200 250 3,975
250 300 4,865
300 350 5,740
350 400 6,625
400 450 7,510
450 500 8,400
600
500 9,720

600 700
..................................................................................... 11,495





Size of premises by reference to floor area Fee
Exceeding Not exceeding $
M2 M2


700 800
.................................................................... 13,250
800 900
........................................................................ 15,030
900 1000
........................................................................... 16,790

0......
........................

1000 2000 ........................................
26,520
............

2000 3 000 : ......................44,200
3000 4 ............................61,880
4000 5 ............................79,565

5000 .................................88,405

(L.N. 101 of 1989)

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/2605

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

20
]]>
Tue, 23 Aug 2011 18:09:06 +0800
<![CDATA[DECLARATION OF MARKETS IN THE URBAN COUNCIL AREA]]> https://oelawhk.lib.hku.hk/items/show/2604

Title

DECLARATION OF MARKETS IN THE URBAN COUNCIL AREA

Description






DECLARATION OF MARKETS IN THE URBAN COUNCIL AREA
(Cap. 132, section 79(1) )
[28 October 19601

G.N. 1620 of 1960 - G.N. 679 of 1962, G.N. 1588 of 1967, L.N. 41 of 1968, L.N. 94 of 1968,
L.N. 95 of 1968, L.N. 111 of 1969, L.N. 187 of 1969, L.N. 76 of 1972, L.N. 77 of 1972,
L.N. 2 of 1973, L.N. 180 of 1973, L.N. 259 of 1973, L.N. 207 of 1974, L.N. 104 of 1979,
L.N. 311 of 1979, L.N. 121 of 1980, L.N. 187 of 1980, L.N. 187 of 1981, L.N. 341 of 1981,
L.N. 99 of 1982, L.N. 290 of 1982, L.N. 390 of 1982, L.N. 51 of 1983, L.N. 341 of 1983,
L.N. 342 of 1983, L.N. 423 of 1984, L.N. 31 of 1985, L.N. 203 of 1985, L.N. 14 of 1986,
L.N. 105 of 1986, L.N. 318 1986, L.N. 174 of 1987, R. Ed. 1987, L.N. 196 of 1988, R. Ed.
1988, L.N. 265 of 1989

The markets specified in the Schedule hereto are declared to be markets to
which the principal Ordinance applies.

SCHEDULE
MARKETS IN HONG KONG
Name of Market Name in Chinese Former Name of Market
Aberdeen Market, Urban Aberdeen Market
Council Aberdeen Complex
Ap Le Chau Market Aplichau Market
Bowrington Road Market
Bridges Street Market -
Causeway Bay Market Whitfield Market
Central Market Central Market
Centre Street Market
Chai Wan Temporary Market -
Kennedy Town Wholesale Kennedy Town Wholesale
Market Market
Kut Shing Street Cooked Food
Market
Lee Chung Street Cooked Food
Market
Lockhard Road Market
Nam Long Shan Road Cooked
Food Market
North Point Market
North Street Market Kennedy North Street Market Kennedy
Town Town
Quarry Bay Market
Sai Wan Ho Temporary Cooked
Food Market





Name of Market Name in ChineseFormer Name of Market

Sai Wan Ho Market -
Sai Ying Pun Market Sai Ying Pun Market
Shau Kei Wan Market Shaukiwan Market
Shek Tong Tsui Market Shek Tong Tsui Market
Sheung Wan Market
Smithfield Road Temporary
Market
Stanley Market
Stanley Market
Tang Lung Chau Market So Kon Po Market
Tin Wan Market
Wan Chai Market Wanchai Market
Wong Nai Chung Market Wongnaichung Market
Yue Kwong Road Market
Yue Wan Market

MARKETS IN KOWLOON AND NEW
KOWLOON

Name of Market Name in Chinese Former Name of Market
Boundary Street Market W,Tong Mei Market

Cha Kwo Ling Market Cha Kwo Ling Temporary
Market
Cheung Sha Wan Cooked Food
Market
Choi Hung Road Market
Fa Yuen Street Market
Fat Kwong Street Temporary *A 19 A * ~0
Cooked Food Market
Haiphong Road Temporary
Market
Hung Hom Market Hung Hom Market
,->Kowloon City Market
Kwun Chung Market Chung Market
Kwun Tong Ferry Concourse
Cooked Food Market
Mong Kok Market Mong Kok Tsui Market
Nelson Street Temporary If _ft
Cooked Food Market
Ngau Chi Wan Market





Name of Market Name in ChineseFormer Name of Market

Ngau Tau Kok Market
On Ching Road Flower Market
Po On Road Market
Sham Shui Po Market Sham Shui Po Market
Sheung Fung Street Market
Shui Wo Street Market
Soy Street Temporary Cooked
Food Market
Sze Shan Street Cooked Food W ft fly
Market
Tai Kok Tsui Temporary Market
Tai Shing Street Temporary
Market
To Kwa Wan Market
Tong Mei Road Temporary
Market
Tsun Yip Cooked Food Market
Tung Yuen Street Cooked Food
Market

Yau Ma Tei Market Yaumati Market
Yuen Ling Market

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/2604

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

3
]]>
Tue, 23 Aug 2011 18:09:05 +0800
<![CDATA[DECLARATION OF MARKETS IN THE REGIONAL COUNCIL AREA]]> https://oelawhk.lib.hku.hk/items/show/2603

Title

DECLARATION OF MARKETS IN THE REGIONAL COUNCIL AREA

Description






2 DECLARATION OF MARKETS IN THE
'C REGIONAL COUNCIL AREA

LA (Cap. 132, section 79(1)
'/BR

[8 June 1979]

L.N. 144 of 1979, L.N. 180 of 1979, L.N. 242 of 1979, L.N. 32 of 1980, L.N. 51 of 1980, L.N. 63
of 1980, L.N. 139 of 1980, L.N. 210 of 1980, L.N. 156 of 1981, L.N. 168 of 1981, L.N. 207
of 1981, L.N. 350 of 1981, L.N. 64 of 1982, L.N. 98 of 1982, L.N. 126 of 1982, L.N. 217 of
1982, L.N. 383 of 1982, L.N. 402 of 1982, L.N. 403 of 1982, L.N. 63 of 1983, L.N. 106 of
1983, L.N. 152 of 1983, L.N. 170 of 1983, L.N. 348 of 1983, L.N. 49 of 1984, L.N. 62 of
1984, L.N. 112 of 1984, L.N. 160 of 1984, L.N. 288 of 1984, L.N. 356 of 1984, L.N. 403 of
1984, L.N. 52 of 1985, L.N. 150 of 1985, L.N. 280 of 1985, L.N. 357 of 1985, 10 of 1986,
L.N. 293 of 1986, L.N. 99 of 1987, L.N. 374 of 1987, R. Ed. 1987, L.N. 347 of 1988, L.N.
348 of 1988. L.N. 396 of 1989,.

The markets specified in the Schedule hereto are declared to be markets to
which the principal Ordinance applies.

SCHEDULE

Name of Market Name in Chinese

Chai Wan Kok Cooked Food Market (L.N. 242 of 1979)
Cheung On Private Market, Cheung Chau
Cheung Tat Road Cooked Food Market (L.N.99 of 1987)
Fo Tan Cooked Food Market (East) (L.N. 98 of 1982)
Fo Tan Cooked Food Market (West) (L.N.98 of 1982)
Heung Che Street Market $
Heung Che Street Temporary Market
Hop Yick Private Market, Yuen Long

Hung Cheung Cooked Food Market (L.N. 180 of 1979)
Hung Shui Kiu Temporary Market (L.N. 293 of 1986)
Ka Ting Cooked Food Market (L.N. 152 of 1983)
Kam Tin Market

Kik Yeung Road Cooked Food Market (L.N. 156 of 1981)
Kin Wing Cooked Food Market (L.N- 180 of 1979)
Kin Yip Street Cooked Food Market(L.N. 150 of 1985)
Kwai Shun Street Cooked Food Market (L.N. 347 of 1988)

Kwong Choi Market (L.N. 350 of 1981)
Kwu Tung Market Shopping Centre (L.N.280 of 1985)
Lam Tei Market
Lau Fau Shan Market
Luen Wo Private Market





Name of Market Name in Chinese

Mai Wo Cooked Food Market W*gft$JA (L.N.357 of 1985)
North Kwai Chung Market (L.N. 112 of 1984)
South) Market

Market RAM* (L.N. 52 of 1985)

San Hui Market (L.N. 383 of 1982)
Sha Tau Kok Market M*

Sham Tseng Temporary Market (L.N. 160 of 1984)
Shek Wu Hui Market
Shek Wu Hui Temporary Market I (L.N. 210 of 1980)
Shek Wu Hui Temporary Market II
Tai Kiu Market )CAM$ (L.N. 288 of 1984)
Tai 0 (Lantau) Market
Tai Po Kuk Teng Market
Tai Po Market
Tai Po Temporary Market (L.N.106 of 1983)
Tai Tong Road Cooked Food Market (L.N. 280 of 1985)
Tai Wai Market (L.N.150 of 1985)
Tai Yuen Street Cooked Food Market (L.N.49 of 1984)
Tai Wah Street Temporary Market (L.N. 288 of 1984)
Tsing Yeung Cooked Food Market (L.N. 348 of 1983)
Tsuen King Circuit Market (L.N. 348 of 1988)
Tsuen Wan Market (L.N. 168 of 1981)
Tui Min Hoi Market (L.N. 403 of 1982)

ing Fong Street Market (L.N. 402 of 1982)
Wo Yi Hop Road Cooked Food Market (L.N.62 of 1984)

Yan Oi Market (L.N. 63 of 1983)

Yeung Uk Road Market 396 of 1989)

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/2603

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

2
]]>
Tue, 23 Aug 2011 18:09:05 +0800
<![CDATA[LIBRARY (URBAN COUNCIL) BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/2602

Title

LIBRARY (URBAN COUNCIL) BY-LAWS

Description






LIBRARY (URBAN COUNCIL) BY-LAWS

ARRANGEMENT OF BY-LAWS
By-law

Page


PART I

PRELIMINARY



1. Citation .................................. ... ... ... ... AO3
2. Application ............................... ... ... ... ... ... AO3
3. Interpretation ............................ ... ... .. . ... ... ... AO3
PART II

LENDING LIBRARIES AND REFERENCE
LIBRARIES

4............Division of library .......... ... ... ... ... ... ... ... ... ... ... ... AO 3

5.........................Times during which library open to the public ... ... ... ... ... ... ... AO 3

PART III

LENDING LIBRARIES

6.........................Holder of ticket may borrow library material ... ... ... ... ... ... ... A04

7.....................Application to become a borrower ... ... ... ... ... ... ... ... ... A04

8............Borrowers' tickets ................ ... ... ... ... ... ... ... ... ... AO 4

9. Cases where person may be required to deposit a sum of money or to have a

guarantor .................................. ... ... ... ... ... ... AO 4

10..................Applicant under 21 years of age ... ... ... ... ... ... ... ... ... ... AO 4

11.........Guarantor ...................... ... ... ... ... ... ... ... ... ... AO 4

12..............Ticket not transferable ..... ... ... ... ... ... ... ... ... ... ... ... AO 5

13....................Borrower to report the loss of ticket ... ... ... ... ... ... ... ... ... AO 5

14.........................New ticket may be issued where ticket lost ... ... ... ... ... ... ... AO 5

15......................Procedure for borrowing library material ... ... ... ... ... ... ... ... AO 5

16....................................Restriction on number of items of library material to be borrowed ... ... AO 5

17.................................Borrower may reserve library material not immediately available ... ... ... AO 5

18......................................Borrower to ensure that library material undamaged before leaving library ... AO 5

19...............................Library material borrowed to be returned within 14 days ... ... ... ... AO 5

20................Return of library material ... ... ... ... ... ... ... ... ... ... ... AO 6







21....................Charge for library material overdue ... ... ... ... ... ... --- --- --- AO 6
22....................Librarian may cancel or suspend ticket ... ... ... ... ... AO 7

PART IV

REFERENCE
LIBRARIES

23. Use of reference library AO 7
24. Person obtaining library material from reference library to ensure library material

is undamaged ... ... ... ... ... ... ... ... ... ... ... ... ... ... AO 7





By-law Page

25. Except with the permission of the librarian library material may not be removed

from the reference library.. ~ ... ... ... ... ... ... ... ... ... ... ... AO 7

26. Restriction on the use of books requested by another person ... ... ... ... AO 8

PART IVA

LISTENING AREAS AND VIEWING
AREAS

26A. Interpretation AO 8
26B....Fees ............................... ... ... ... ... ... ... ... ... ... AO 8

26C...........Use of equipment ...... ... ... ... ... ... ... ... ... ... ... ... ... AO 8
26D...........Recording ............. ... ... ... ... ... ... ... ... ... ... AO 9
26E. Furniture and equipment AO 9
26F. Offences AO 9

26G-26H. [Cancelled] ... ... ... ... ... ... ... ... ... ... ... ... ... ... AO 9

PART IVB

SPECIAL READING
AREAS

261...........Interpretation .......--- ...... ... ... ... ... ... ... ... ... ... AO 9

26J........[Cancelled] ....................... ... ... ... ... ... ... ... ... ... AO 9
26K. Use of special reading area AO 9

26L. Application of by-law 33 ... ... ... ... ... ... ... ... ... ... ... ... AO 9

PART V

MISCELLANEOUS

27.............................Liability for library material not returned or damaged ... ... ... ... ... AO 10

28..................Damage to walls, doors, etc. ... ... ... ... ... ... ... ... ... ... AO 10

29.............................Wilful damage to library material, walls, doors, etc. ... ... ... ... ... AO 10

30.......Offences ............................... ... ... ... ... ... ... ... ... AO 11

31.......................Animals not to be brought into library ... ... ... ... ... ... ... ... AO 11

32.............................Vehicle or conveyance not to be brought into library ... ... ... ... ... AO 11

33...........................Bags, suitcases, etc. to be deposited in cloak-room ... ... ... ... ... ... AO 11

34...............................Person not to enter part of library not open to the public ... ... ... ... AO 12
34A, Restriction on writing materials etc . AO 12

35................Communicable diseases ........ ... ... ... ... ... ... ... ... ... AO 12

36...............................Persons may he requested to leave in certain circumstances ... ... ... ... AO 12

37............False information ................ ... ... ... ... ... ... ... ... ... AO 13

38...........................Librarian may exclude person infringing by-laws ... ... ... ... ... ... AO 13

39.........................Name in which proceedings may be brought ... ... ... ... ... ... ... AO 13







40.........[Cancelled] ...................... ... ... ... ... ... ... ... ... ... AO 13

41................Appeal to Urban Council ... ... ... ... ... ... ... ... ... ... ... AO 13





LIBRARY (URBAN COUNCIL) BY-LAWS
(Cap. 132, section 105L)
[26 October 1973.1

PART I

PRELIMINARY

1. These by-laws may be cited as the Library (Urban Council)
By-laws.

2. These by-laws apply to Urban Council area only.

3. In these by-laws, unless the context otherwise requires-

'borrower' means the holder of a ticket;

'ticket' means a borrower's ticket issued to a person under by-law
8 permitting him to borrow library material from a library.

PART 11

LENDING LIBRARIES AND REFERENCE LIBRARIES

4. (1) A library may be divided into an adult library and
a junior library and each adult library and junior library may be
divided into a lending library and a reference library.

(2) The librarian may set aside any of the library material of
a library for use in the adult library or junior library or for use
in a lending library or a reference library.

(3) Except with the permission of the librarian, a person
under years of age shall not enter or use the adult library.

5. (1) A library shall be open to the public on such days and
during such hours as shall be determined from time to time by the
Urban Council.

(2) Notices in the English and Chinese languages, stating the
days on which and the hours during which a library is open to the
public shall be posted in a conspicuous place in the library or
at the entrance to the library.

(3) The Urban Council may direct that a library or any part
thereof be closed for any specified period.





PART III

LENDING LIBRARIES

6. Subject to the provisions of these by-laws, a person who is the
holder of a valid ticket may borrow from a tending library the library
material for reading and use outside the library.

7. A person desiring to become a borrower shall complete an
application form supplied by the librarian for that purpose.

8. (1) On application in accordance with by-law 7 the applicant
may, subject to the provisions of these by-laws, be issued with such
number of borrowers' tickets permitting him to borrow library material
from a library as may be determined by the Urban Council from time to
time.

(2) Subject to paragraph (3), a ticket shall not be issued except to a
person who

(a) satisfies the librarian that he is resident in Hong Kong; and

(b)is the holder of an identity card issued in accordance with the
Registration of Persons Regulations.

(3) Tickets may be issued to any other person at the discretion of
the librarian.

9. Before issuing a ticket under by-law 8(3), the librarian may
require the applicant to deposit with him in respect of each ticket issued
such sum of money not exceeding $100 as the librarian may


determine or to produce some person who is willing to be guarantor for
him.

10. (1) A ticket shall not be issued to an applicant who is under 21
years of age unless some person who is 21 years of age or over
becomes guarantor for the applicant.

(2) Except where both parents are dead or are unwilling or unable to
become guarantor or the librarian directs otherwise, the person who
shall be guarantor tinder paragraph (1) shall be a parent of the applicant.

11. (1) A guarantor shall complete and sign a form of guarantee in
the form provided for the purpose by the librarian which shall contain
such conditions as the librarian may from time to time determine.

(2) The guarantor shall, in default of the borrower, be liable for any
sum which may become due to be paid by the borrower under by-law 21
or 27 in respect of any library material from a lending library and, unless
he has been previously released in writing by the librarian from his
obligation thereunder, his guarantee shall





remain in force for the period specified in the guarantee or, where the
borrower is under 21 years of age, until the borrower reaches the age of
21.

(3) A guarantor shall not be released unless he has discharged all
and any liability arising under the guarantee.

(4) The librarian may refuse to accept any person as guarantor
without assigning a reason.

12. A ticket shall not be transferable.

13. A borrower shall forthwith report to the librarian in writing the
loss of a ticket issued to him.

14. (1) Where a borrower has lost a ticket, a new ticket may be
issued to him.

(2) The following fees shall be payable on the issue of a new
ticket under this by-law-

(a) for persons of or over the age of 21 years, $10 and

(b) for persons under the age of 21 years$5

15. No person shall take any library material from a library unless
he has complied with the procedure laid down by the librarian for the
borrowing of library material from the library.

16. Except with the permission of the librarian, a borrower may not
on 1 ticket

(a)borrow more than 1 item of the library material on the same
day; or

(b)have more than 1 item of the library material on loan at the
same time.

17. A borrower who desires to borrow any library material which is
not immediately available in a library may reserve that library material by
paying a fee of $1 to the librarian.

18. A borrower shall, before leaving the library, ensure that any
library material issued to him on loan is complete and undamaged.

19. (1) Every library material borrowed from a library shall, unless
the librarian in any particular case gives permission to retain the library
material for a longer period, be returned to the library within 14 days
after the day upon which it was borrowed.





(2) Where library material is returned under paragraph (1), it may
be borrowed by the borrower for a further period of 14 days unless it is
required by another borrower.

(3) For the purposes of computing any period referred to in
paragraph (1) or (2)

(a)section 71(1)(b) and (c) of the Interpretation and General
Clauses Ordinance shall not apply;

(b)where the last day of any such period is a day on which the
library is closed to the public for the whole of that day, the
period shall be extended to the next day on which the library is
not closed to the public for the whole of that day; and

(c)a library shall be deemed to be closed to the public for the
whole of a day on which it is closed to the public for any
period by reason of there being in force a gale warning within
the meaning of the Judicial Proceedings (Adjournment During
Gale Warnings) Ordinance.

20. (1) Library material borrowed from a library shall be returned by
the borrower or his representative bringing it to the library from which
the library material was borrowed, delivering it to the officer in
attendance at the counter or other place prescribed by the librarian for
the return of library material and following any procedure laid down by
the librarian from time to time for the return of library material.

(2) For the purposes of these by-laws, library material shall not be
deemed to be returned to a library unless it is returned in the manner
provided by this by-law or in such other manner as the librarian may in
any particular case direct.

21. (1) Subject to paragraph (2), where a borrower fails to return
library material within the time allowed by these by-laws, the following
charges shall be payable

(a) in the adult library, 50 cents for each day or part of a day
during which the library material remains out of the
library, and

(b) in the junior library, 20 cents for each day or part of a
day during which the library material remains out of the
library.

(2) The total charges payable under paragraph (1) shall not exceed,
in respect of each borrowing, $50 in the case of library material in the
adult library and $10 in the case of library material in the junior library.

(3) Where there is any period during which library material remains
out of the library and in respect of which, by reason of paragraph (2), no
charge is payable under paragraph (1), the librarian may suspend the
ticket upon which such library material





was borrowed for a period commencing on the day upon which the
library material is returned and not exceeding the number of days in
respect of which no charge is payable.

(4) No charge shall be made under paragraph (1) and no period of
suspension shall be imposed under paragraph (3) in respect of a day on
which the library

(a) is closed to the public for the whole of that day; or

(b)is closed to the public for any period by reason of there being
in force a gale warning within the meaning of the Judicial
Proceedings (Adjournment During Gale Warnings) Ordinance.

22. (1) Without prejudice to any other provision of these by-laws,
the librarian may cancel or suspend any ticket issued under these by-
laws where he is of opinion that the holder of the ticket has contravened
or is contravening any of these by-laws.

(2) No person whose ticket has been cancelled shall, without the
permission of the librarian, apply for a ticket.

(3) No person whose ticket has been suspended shall during such
suspension, without the permission of the librarian, apply for a ticket.

PART IV

REFERENCE LIBRARIES

23. (1) Subject to the provisions of these by-laws, a person may
obtain any library material from the reference library for consultation and
use in the library by following the procedure laid down by the librarian
from time to time.

(2) Any library material obtained under paragraph (1) shall be
returned by the person who obtained the library material by following
the procedure prescribed by the librarian from time to time for the return
of library material or in such manner as the librarian may in any particular
case direct.

24. Any person who obtains any library material from the reference
library shall ensure that the library material when issued to him is
complete and undamaged.

25. (1) Except where the librarian in special circumstances permits,
library material shall not be removed from the reference library.

(2) Where permission is granted to borrow library material from the
reference library for use outside the library, the person borrowing such
library material may be required to deposit such





sum of money not exceeding such an amount as would in the opinion of
the librarian be required to replace the library material.

26. After some other person has made a request to the librarian for
the use thereof, no person shall

(a)retain any newspaper for longer than 10 minutes; or

(b)retain any book other than a newspaper for longer than 30
minutes.

PART IVA

LISTENING AREAS AND VIEWING AREAS

26A. In this Part unless the context otherwise requires-

'film' includes a television programme and a magnetic videotape;

'headset' means a pair of earphones worn over the ears for the purpose
of listening to a record or to the sound-track of a film;

'listening area' means a part of a library set aside as an area for
listening to records under section 105K(4) of the Ordinance;

'record' includes a gramophone record and a magnetic audio-tape;

'viewing area' means a part of a library set aside as an area for viewing
films under section 105K(4) of the Ordinance.

26B. (1) The Urban Council may by notice in the Gazette specify
the fees which shall be paid for the use of facilities and equipment in a
listening area or a viewing area.

(2) Except on payment of the specified fee no person may-

(a) listen to or use any record;

(b) view any film, or listen to any film sound-track; or

(c) use any facilities or equipment,

in a listening area or a viewing area.

26C. In a listening area or a viewing area

(a)except with the permission of the librarian no person shall
handle or operate any record, film, sound equipment or viewing
equipment other than a headset or volume control switch;

(b)except with the permission of the librarian no person shall
listen to a record or to the sound-track of a film other than
through a headset supplied by the librarian;

(c)except with the permission of the librarian no person shall
switch on or keep switched on any volume control switch
unless the headset affected thereby is worn over the ears;





(d)except with the permission of the librarian no person shall on
one occasion

(i) listen to the playing of more than one record or
composition, or the re-playing of any record or composition;
or

(ii) view more than one film or view a film more than once;
and

(e)no person who is suffering from a communicable ear disease
shall wear a headset.

26D. Except with the permission of the librarian

(a)no person shall make a recording of any record, film or film
sound-track in a listening area or a viewing area; and

(b)no person shall bring any recording equipment into a listening
area or a viewing area.

26E. Except with the permission of the librarian

(a)no person shall use a listening area or a viewing area, or the
facilities, equipment and furniture therein except for the
purpose of listening to records or viewing films; and

(b)no furniture or equipment in a listening area or a viewing area
shall be moved from the place designated for it by the
librarian.

26F. Any person who contravenes any of the provisions of by-law
26B(2), 26C, 26D or 26E commits an offence and is liable to a fine of
$100.

26G-26H. [Cancelled, L.N. 255179]

PART IVB

SPECIAL READING AREAS

261. Notwithstanding the generality of Parts 1, 11 and V, in this
Part unless the context otherwise requires

'special reading area' means a part of a library set aside as an area for
study or research under section 105K(4) of the Ordinance.

26J. [Cancelled, L.N. 2551791

26K. No person shall enter or use a special reading area except in
accordance with any procedure laid down or direction given by the
librarian from time to time.

26L. Any procedure laid down or direction given by the librarian
under by-law 26K may exclude a special reading area from the operation
of by-law 33 or may modify its application to a special reading area.





PART V

MISCELLANEOUS

27. (1) Any person who writes upon, marks or soils any library
material or by whose act any library material is, in the opinion of the
librarian, otherwise damaged in any way whatever or who destroys any
library material shall be liable to pay to the Urban Council such sum of
money as the librarian considers necessary to replace such library
material or the whole set of library material of which such library material
forms a part or such sum of money as the librarian considers will be full
compensation for the damage or loss to the Urban Council.

(2) If any library material which is borrowed or taken from a library
or obtained for use in a library is not returned in accordance with these
by-laws or if, when returned, such library material is found to be written
upon, marked or soiled in any way or, in the opinion of the librarian, is
otherwise damaged in any way whatever, the person who is the holder
of the ticket on which such library material was borrowed or taken or the
person who obtained the library material for use in the library as the
case may be, shall, unless payment has been made by any person under
paragraph (1) hereof, be liable to pay to the Urban Council such sum of
money as the librarian considers necessary to replace such library
material or the whole set of library material of which such library material
forms a part or such sum of money as the librarian considers will be full
compensation for the damage or loss to the Urban Council.

(3) In addition to any sum which a person may be liable to pay
under paragraph (1) or (2), such person may be required to pay a
surcharge amounting to 20 per cent of such sum.

(4) Where any sum becomes payable under this by-law in respect
of library material borrowed or taken from a library the person who is the
holder of the ticket on which the library material was borrowed or taken
shall be liable to pay such sum notwithstanding that the library material
was not borrowed or taken by him.

(5) The holder of a ticket who has reported in writing the loss of the
ticket to the librarian shall not be liable under this by-law in respect of
any library material which is borrowed or taken from the library on that
ticket after he has reported such loss.

28. Any person who writes upon, marks, soils or otherwise
damages in any way whatever or destroys any wall, door, furniture,
fitting or other thing in a library shall be liable to pay such sum of money
as the librarian considers necessary for the repair or replacement thereof,
and in addition to such sum any such person may be required to pay a
surcharge amounting to 20 per cent of such sum.

29. (1) Any person who wilfully writes upon, marks, soils or
otherwise damages in any way whatever or destroys any library material
or any door, wall, furniture, fitting or other thing in any library shall be
guilty of an offence and liable on summary conviction to a fine of $100.





(2) The librarian may stop any person from doing any act which in
his opinion may cause any damage to, or the destruction of, any library
material or other thing in a library.

30. Any person who in a library-

(a) spits;

(b) smokes or has or makes use of any naked light;

(c) consumes any food or drink;

(d)engages in any conversation after he has been requested not
to do so by the librarian;

(e)lies down on or puts his feet on any bench, chair or table in a
library or lies down on the floor of the library;

(ea) sits on any shelf or table or sits on the floor;

deposits or leaves any litter, paper or rubbish, save in the bins
or containers provided for that purpose; or

(g)wilfully obstructs any officer of the library in the performance
of his duty,

shall be guilty of an offence and liable on summary conviction to a fine
of $100.

31. (1) No person shall bring any animal belonging to him or under
his control into a library or permit any such animal to enter or remain in
a library.

(2) Any person who contravenes this by-law shall be guilty of an
offence and liable on summary conviction to a fine of $100.

32. (1) Except with the permission of the librarian, no person shall
bring into, or cause to be brought into, a library any wheeled vehicle or
conveyance or permit any such vehicle or conveyance to remain in a
library.

(2) Any person who contravenes this by-law shall be guilty of an
offence and liable on summary conviction to a fine of S 100.

33. (1) No person shall bring any bag, suitcase or other receptacle
or any umbrella into a library unless he deposits it forthwith in the cloak-
room provided for that purpose.

(2) Except in the case of a school-bag de deposited by a student


for which no fee shall be payable, a fee of 50 cents shall be
payable
in respect of any article deposited at the cloak-room of a library.

(3) The librarian may without assigning a reason refuse to accept
any article for deposit at the cloak-room.

(4) Neither the Urban Council nor the librarian nor any other public
officer shall be responsible for the loss of or any damage caused to any
such article deposited pursuant to this by-law whether such loss or
damage was due to the act, neglect or default on the part of any officer
of the library or otherwise.





(5) If any article which has been deposited under this by-law is not
claimed within 1 month after it has been deposited, such article may be
sold or otherwise dealt with as the librarian thinks fit.

(6) The proceeds from the sale of any article under paragraph (5)
shall be paid into the Urban Council revenue.

(7) When a person deposits any article in the cloak-room of a
library he shall be given an official receipt token.

(8) The librarian may refuse to return any article deposited in the
cloak-room of a library if the person claiming the article is unable to
produce the official receipt token given to the depositor when the article
was deposited.

(9) Any person who fails to return or damages in any way an
official receipt token shall pay to the librarian the sum of $3.

34. Except with the permission of the librarian, no person other than
a member of the library staff shall enter any part of a library not open to
the public.

34A. The librarian may, by notice conspicuously displayed in any
library, prohibit or restrict the taking of books, notes, writing
implements or other articles into any part of the library.

35. (1) A person suffering from any communicable disease shall not
borrow, read or use any library material from a library or enter a library.

(2) A borrower shall not permit any person suffering from a
communicable disease to read or use any library material borrowed from
a library.

(3) Where a borrower or any person residing in the place of
residence of a borrower contracts any communicable disease, the
borrower shall forthwith notify the librarian.

36. (1) The librarian may require any person to leave a library or
any part of a library

(a)who has committed or who he has reason to believe has
committed any offence in the library;

(b)who has contravened or is about to contravene or who he has
reason to believe has contravened or is about to contravene
any of these by-laws notwithstanding that such
contravention is not an offence;

(e)who appears to him to be under the influence of drink or
drugs;

(d)who refuses or fails to comply with any notice, requirement or
direction made, given or issued under these by-laws;

(e)who is found using the library for a purpose for which it is not
intended;





(f)who is found sleeping or committing any nuisance in a
library;

(g) who, in his opinion, is indecently or insufficiently clad;

(h) who is offensively unclean in person or in dress;

(i)who is in a part of the library not open to the public or
from which he is excluded by these by-laws;

(j)who refuses to obey any reasonable order given to him in
furtherance of the proper management of the library.

(2) Any person who refuses or fails to leave a library or any
part of a library when required to do so under paragraph (1)
shall be guilty of an offence and liable on summary conviction to
a fine of $100.

(3) Any person who refuses or fails to leave a library or any
part of a library when required to do so under paragraph (1)
may be removed from the library at the discretion of the librarian.

37. Any person who-

(a) for the purpose of entering any part of a library;

(b) in any application for a borrower's ticket; or

(e)for the purpose of obtaining the use of any part of the
facilities of a library,

makes a 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 ofrence and liable on summary conviction to
a fine of $100.

38. (1) The librarian may prohibit any person who has con-
travened these by-laws from using any library or any specified
library for such period as he may determine.

(2) No person who has been prohibited form using any library
by the librarian under this by-law shall, without the permission of
the librarian, enter such library.

39. (1) Any sum which becomes due under the provisions of
these by-laws shall be recoverable as a debt due to the Urban
Council and shall be paid into the Urban Council revenue.

(2) 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 offence, a prosecution for an offence under any
of the provisions of these by-laws may be brought in the name of
the Urban Council.

40. [Cancelled, L.N. 2551791

41. Any person aggrieved by a decision of the librarian made
under these by-laws may appeal therefrom to the Urban Council.
L.N. 199/73. L.N. 179/75. L.N. 72/78. L.N. 255/79. L.N. 311/83. 10 of 1986. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. L.N. 311/83. Division of library. L.N. 311/83. Times during which library open to the public. Holder of ticket may borrow library material. L.N. 311/83. Application to become a borrower. Borrowers' tickets. L.N. 311/83. (Cap. 177, sub. leg.) Cases where person may be required to deposit a sum of money or to have a guarantor. Applicant under 21 years of age. Guarantor. L.N. 311/83. Ticket not transferable. Borrower to report the loss of ticket. New ticket may be issued where ticket lost. Procedure of borrowing library material. L.N. 311/83. Restriction on number of items of library material to be borrowed. L.N. 311/83. Borrower may reserve library material not immediately available. L.N. 311/83. Borrower to ensure that library material undamaged before leaving library. L.N. 311/83. Library material borrowed to be returned within 14 days. L.N. 311/83. L.N. 255/79. (Cap. 1.) (Cap. 62.) Return of library material. L.N. 311/83. Charge for library materiel overdue. L.N. 179/75. L.N. 255/79. L.N. 311/83. (Cap. 62.) Librarian may cancel or suspend ticket. L.N. 255/79. Use of reference library. L.N. 311/83. Person obtaining library material from reference library to ensure library material is undamaged. L.N. 311/83. Except with the permission of the librarian library material may not be removed from the reference library. L.N. 311/83. Restriction on the use of books requested by another person. L.N. 255/79. Interpretation. Fees. Use of equipment. Recording. Furniture and equipment. Offences. L.N. 72/78. Interpretation. L.N. 255/79. Use of special reading area. Application of by-law 33. Liability for library material not returned or damaged. L.N. 255/79. Damage to walls, doors, etc. wilful damage to library material, walls, doors, etc. L.N. 255/79. Offences. L.N. 255/79. Animals not to be brought into library. Vehicle or conveyance not to be brought into library. Bags, suitcases, etc. to be deposited in cloak-room. Person not to enter part to library not open to the public. Restriction on writing materials etc. L.N. 255/79. Communicable diseases. L.N. 255/79. Persons may be requested to leave in certain circumstances. L.N. 255/79. False information. Librarian may exclude person infringing by-laws. Name in which proceedings may be brought. Appeal to Urban Council.

Abstract

L.N. 199/73. L.N. 179/75. L.N. 72/78. L.N. 255/79. L.N. 311/83. 10 of 1986. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. L.N. 311/83. Division of library. L.N. 311/83. Times during which library open to the public. Holder of ticket may borrow library material. L.N. 311/83. Application to become a borrower. Borrowers' tickets. L.N. 311/83. (Cap. 177, sub. leg.) Cases where person may be required to deposit a sum of money or to have a guarantor. Applicant under 21 years of age. Guarantor. L.N. 311/83. Ticket not transferable. Borrower to report the loss of ticket. New ticket may be issued where ticket lost. Procedure of borrowing library material. L.N. 311/83. Restriction on number of items of library material to be borrowed. L.N. 311/83. Borrower may reserve library material not immediately available. L.N. 311/83. Borrower to ensure that library material undamaged before leaving library. L.N. 311/83. Library material borrowed to be returned within 14 days. L.N. 311/83. L.N. 255/79. (Cap. 1.) (Cap. 62.) Return of library material. L.N. 311/83. Charge for library materiel overdue. L.N. 179/75. L.N. 255/79. L.N. 311/83. (Cap. 62.) Librarian may cancel or suspend ticket. L.N. 255/79. Use of reference library. L.N. 311/83. Person obtaining library material from reference library to ensure library material is undamaged. L.N. 311/83. Except with the permission of the librarian library material may not be removed from the reference library. L.N. 311/83. Restriction on the use of books requested by another person. L.N. 255/79. Interpretation. Fees. Use of equipment. Recording. Furniture and equipment. Offences. L.N. 72/78. Interpretation. L.N. 255/79. Use of special reading area. Application of by-law 33. Liability for library material not returned or damaged. L.N. 255/79. Damage to walls, doors, etc. wilful damage to library material, walls, doors, etc. L.N. 255/79. Offences. L.N. 255/79. Animals not to be brought into library. Vehicle or conveyance not to be brought into library. Bags, suitcases, etc. to be deposited in cloak-room. Person not to enter part to library not open to the public. Restriction on writing materials etc. L.N. 255/79. Communicable diseases. L.N. 255/79. Persons may be requested to leave in certain circumstances. L.N. 255/79. False information. Librarian may exclude person infringing by-laws. Name in which proceedings may be brought. Appeal to Urban Council.

Identifier

https://oelawhk.lib.hku.hk/items/show/2602

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

13
]]>
Tue, 23 Aug 2011 18:09:04 +0800
<![CDATA[LIBRARY (REGIONAL COUNCIL) BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/2601

Title

LIBRARY (REGIONAL COUNCIL) BY-LAWS

Description






LIBRARY (REGIONAL COUNCIL) BY-LAWS

ARRANGEMENT OF BY-
LAWS

By-law Page

PART I

PRELIMINARY

1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... AN 3

2. Application ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... AN 3
3. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... AN 3

PART II

LENDING LIBRARIES AND REFERENCE
LIBRARIES

4. Division of library... ... ... ... ... ... ... ..... ... ... ... AN 3
5. Times during which library open to the public ... ... ... ... ... ... ... ... AN 3

PART III

LENDING
LIBRARIES

6. Holder of ticket may borrow any library material ... ... ... ... ... ... ... AN 4

7. Application to become a borrower ... ... ... ... ... ... ... ... ... ... AN4
8. Borrowers' tickets ...... ... ... ... ... ... ... ... ... ... ... ... AN4
9. Cases where person may be required to deposit a sum of money or to have a
guarantor ... ... ...... ... ... ... ... ... ... ... ... ... ... ... AN4
10. Applicant under 21 years of age ... ... ... ... ... ... ... ... ... ... ... AN4
11. Guarantor ... ... ...... ... ... ... ... ... ... ... ... ... ... ... AN 4
12. Ticket not transferable ... ... ... ... ... ... ... ...
... ... ... ... AN 5
13. Borrower to report the loss of ticket ... ... ... ... ... ... ... ... ... ... AN 5
14. New ticket may be issued where ticket lost ... ... ... ... ... .. : ... ... AN 5
15. Procedure for borrowing library material ... ... ... ... ... ... ... ... ... AN 5
16. Restriction on number of items of library material to be borrowed ... ... ... AN 5
17. Borrower may reserve library material not immediately available ... ... ... ... AN 5
18. Borrower to ensure that library material undamaged before leaving library ... AN
5
19. Library material borrowed to be returned within 14 days ... ...
... ... ... AN 5
20. Return of library material ... ... ... ... ... ... ... ...
... ... ... ... AN 6
21. Charge for library material overdue ... ... ... ... ... ... ... ... ... ... AN 6
22. Librarian may cancel or suspend ticket ... ... ... ... ... ... ... ... ... AN 7

PARTIV

REFERENCE
LIBRARIES

23. Use of reference library... ... ... ... ... ... ... ... ... ... ... ... AN 7

24. Person obtaining library material from reference library to ensure library

material is undamaged ... ... ... ... ... ... ... ... ... ... ... ... AN 7






25. Except with the permission of the librarian library material may not be removed
from the reference library ... ... ... ... ... ... ... ... ... ... ... AN 7
26. Restriction on the use of books requested by another person ... ... ... ... . AN 8





By-law ................................ Page

PART IVA

SPECIAL READING
AREAS

26A Interpretation.........................1 ... ... ... ... ... ... ... ...
AN 8

26B........[Revoked] .................. ... ... ... ... ... ... ... ... ... AN 8

26C. Use of special reading area ... ... ... ... ... ... ... ... ... ... AN 8

26D...............Application of by-law 33 ... ... ... ... ... ... ... ... ... AN 8

PART IVB

LISTENING AREAS AND VIEWING
AREAS

26E...........Interpretation .............. ... ... ... ... ... ... ... ... ... ... AN 8

26F......Fees ........................... ... ... ... ... ... ... ... ... ... AN 8

26G. Use of equipment............. ... ... ... ... ... ... ... ... ... ... AN 9

26H........Recording ...................... ... ... ... ... ... ... ... ... --- AN 9

261. Furniture and equipment........ ... ... ... ... ... ... ... ... ... AN 9

26J........Offences ....................... ... ... ... ... ... ... ... ... ... AN 9

PART V

MISCELLANEOUS

27. Liability for library material not returned or damaged ... ... ... ... ... AN 10

28. Damage to walls, doors, etc . ......... ... ... ... ... ... ... ... ... AN 10

29. Wilful damage to library material, walls, doors, etc . ... ... ... ... ... ... AN 10

30. Offences .............................. ... ... ... ... ... ... ... AN 11

31. Animals not to be brought into library ... ... ... ... ... ... ... ... AN 11

32. Vehicle or conveyance not to be brought into library ... ... ... ... ... ... AN 11
33. Bags, suitcases, etc. to be deposited in cloak-room ... ... ... ... ... ... AN 11

34. Person not to enter part of library not open to the public ... ... ... ... ... AN 12

34A......................Restriction on writing materials etc. ... ... ... ... ... ... ... ... AN 12
35. Communicable diseases AN 12

36. Persons may be requested to leave in certain circumstances ... ... ... ... AN 12
37. False information ... ... ... ... ... ... ... ... ... ... ... ... ... AN 13
38. Librarian may exclude person infringing by-laws ... ... ... ... 1 .. ... AN 13
39. Name in which proceedings may be brought ... ... ... ... ... ... ... AN 13
40. [Revoked] ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... AN 14
41. Appeal to the Council ... ... ... ... ... ... ... ... ... ... ... ... AN 14





LIBRARY (REGIONAL COUNCIL) BY-LAWS
(Cap. 132, section 105L)
[8 February 1974.1
PART 1

PRELIMINARY

1. These by-laws may be cited as the Library (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

'borrower' means the holder of a ticket;

'Council' means the Regional Council;

'ticket' means a borrower's ticket issued to a person under by-law 8
permitting him to borrow library material from a library.

PART 11

LENDING LIBRARIES AND REFERENCE LIBRARIES

4. (1) A library may be divided into an adult library and a junior
library and each adult library and junior library may be divided into a
lending library and a reference library.

(2) The librarian may set aside any of the library material of a
library for use in the adult library or junior library or for use in a lending
library or a reference library.

(3) Except with the permission of the librarian, a person under 13
years of age shall not enter or use the adult library.

5. (1) A library shall be open to the public on such days and during
such hours as shall be determined from time to time by the Council.

(2) Notices in the English and Chinese languages, stating the days
on which and the hours during which a library is open to the public
shall be posted in a conspicuous place in the library or at the entrance
to the library.

(3) The Council may direct that a library or any part thereof be
closed for any specified period.





PART 111

LENDING LIBRARIES

6. Subject to these by-laws, a person who is the holder of a valid
ticket may borrow from a lending library any library material for reading
and use outside the library.

7. A person desiring to become a borrower shall complete an
application form supplied by the librarian for that purpose.

8. (1) On application in accordance with by-law 7, the applicant
may, subject to these by-laws, be issued with such number of
borrowers' tickets permitting him to borrow library material from a library
as may be determined by the Council from time to time.

(2) Subject to paragraph (3), a ticket shall not be issued except to a
person who

(a) satisfies the librarian that he is resident in Hong Kong; and

(b)is the holder of an identity card issued in accordance with the
Registration of Persons Regulations.

(3) Tickets may be issued to any other person at the discretion of
the librarian.

9. Before issuing a ticket under by-law 8(3), the librarian may
require the applicant to deposit with him in respect of each ticket issued
such sum of money not exceeding S' as the librarian may determine or
to produce some person who is willing to be guarantor for him.

10. (1) A ticket shall not be issued to an applicant who is under 21
years of age unless some person who is 21 years of age or over
becomes guarantor for the applicant.

(2) Except where both parents are dead or are unwilling or unable
to become guarantor or the librarian directs otherwise, the person who
shall be guarantor under paragraph (1) shall be a parent of the applicant.

11. (1) A guarantor shall complete and sign a form of guarantee in
the form provided for the purpose by the librarian which shall contain
such conditions as the librarian may from time to time determine.

(2) The guarantor shall, in default of the borrower, be liable for any
sum which may become due to be paid by the borrower under by-law 21
or 27 in respect of any library material from a lending library and, unless
he has been previously released in writing by the librarian from his
obligation thereunder, his guarantee shall





remain in force for the period specified in the guarantee or, where the
borrower is under 21 years of age, until the borrower reaches the age of
21.

(3) A guarantor shall not be released unless he has discharged all
and any liability arising under the guarantee.

(4) The librarian may refuse to accept any person as guarantor
without assigning a reason.

12. A ticket shall not be transferable.

13. A borrower shall forthwith report to the librarian in writing the
loss of a ticket issued to him.

14. (1) Where a borrower has lost a ticket, a new ticket may be
issued to him.

(2) The following fees shall be payable on the issue of a new
ticket under this by-law- W

(a) for persons of or over the age of 21 years,$10, and

(b) for persons under the age of 21 years, $5.

15. No person shall take any library material from a library unless
he has complied with the procedure laid down by the librarian for the
borrowing of library material from the library.

16. Except with the permission of the librarian, a borrower may not
on 1 ticket

(a)borrow more than 1 item of library material on the same day;
or

(b)have more than 1 item of library material on loan at the same
time.

17. A borrower who desires to borrow any library material which is
not immediately available in a library may reserve that library material by
paying a fee of $1 to the librarian.


18. A borrower shall, before leaving the library, ensure that any
library material issued to him on loan is complete and undamaged.

19. (1) Every library material borrower from a library shall, unless
the librarian in any particular case gives permission to retain the library
material for a longer period, be returned to the library within 14 days
after the day upon which it was borrowed.





(2) Where any library material is returned under paragraph (1), it
may be borrowed by the borrower for a further period of 14 days unless
it is required by another borrower.

(3) For the purposes of computing any period referred to in
paragraph (1) or (2)

(a)section 71(1)(b) and (c) of the Interpretation and General
Clauses Ordinance shall not apply;

(b)where the last day of any such period is a day on which the
library is closed to the public for the whole of that day, the
period shall be extended to the next day on which the library is
not closed to the public for the whole of that day; and

(c)a library shall be deemed to be closed to the public for the
whole of a day on which it is closed to the public for any
period by reason of there being in force a gale warning within
the meaning of the Judicial Proceedings (Adjournment During
Gale Warnings) Ordinance.

20. (1) Library material borrowed from a library shall be returned by
the borrower or his representative bringing it to the library from which
the library material was borrowed, delivering it to the officer in
attendance at the counter or other place prescribed by the librarian for
the return of library material and following any procedure laid down by
the librarian from time to time for the return of library material.

(2) For the purposes of these by-laws, library material shall not be
deemed to be returned to a library unless it is returned in the manner
provided by this by-law or in such other manner as the librarian may in
any particular case direct.

21. (1) Subject to paragraph (2), where a borrower fails to return
any library material within the time allowed by these by-laws, the
following charges shall be payable

(a) in the adult library, 50 cents for each day or part of a day
during which the library material remains out of the
library, and

(b)in the junior library, 20 cents for each day or part of a day
during which the library material remains out of the library.

(2) The total charges payable under paragraph (1) shall not exceed,
in respect of each borrowing,$50 in the case of any library material in the
adult library and $10 in the case of any library

material in the junior library.

(3) Where there is any period during which any library material
remains out of the library and in respect of which, by reason of
paragraph (2), no charge is payable under paragraph (1), the librarian
may suspend the ticket upon which such library material





was borrowed for a period commencing on the day upon which the
library material is returned and not exceeding the number of days in
respect of which no charge is payable.

(4) No charge shall be made under paragraph (1) and no period of
suspension shall be imposed under paragraph (3) in respect of a day on
which the library

(a) is closed to the public for the whole of that day; or

(b)is closed to the public for any period by reason of there being
in force a gale warning within the meaning of the Judicial
Proceedings (Adjournment During Gale Warnings) Ordinance.

22. (1) Without prejudice to any other provision of these by-laws,
the librarian may cancel or suspend any ticket issued under these by-
laws where he is of opinion that the holder of the ticket has
contravened or is contravening any of these by-laws.

(2) No person whose ticket has been cancelled shall, without the
permission of the librarian, apply for a ticket.

(3) No person whose ticket has been suspended shall during such
suspension, without the permission of the librarian, apply for a ticket.

PART IV

REFERENCE LIBRARIES

23. (1) Subject to these by-laws, a person may obtain any library
material from the reference library for consultation and use in the library
by following the procedure laid down by the librarian from time to time.

(2) Library material obtained under paragraph (1) shall be returned
by the person who obtained the library material by following the
procedure prescribed by the librarian from time to time for the return of
library material or in such manner as the librarian may in any particular
case direct.

24. Any person who obtains any library material from the reference
library shall ensure that the library material when issued to him is
complete and undamaged.

25. (1) Except where the librarian in special circumstances permits,
library material shall not be removed from the reference library.

(2) Where permission is granted to borrow any library material from
the reference library for use outside the library, the person





borrowing such library material may be required to deposit such sum of
money not exceeding such an amount as would in the opinion of the
librarian be required to replace the library material.

26. After some other person has made a request to the librarian for
the use thereof, no person shall

(a) retain any newspaper for longer than 10 minutes; or

(b)retain any book other than a newspaper for longer than 30
minutes.

PART IVA

SPECIAL READING AREAS

26A. Notwithstanding the generality of Parts 1, 11 and V, in this
Part unless the context otherwise requires

'special reading area' means a part of a library set aside as an area for
study or research under section 105K(4) of the Ordinance.

26B. [Revoked, L.N. 231179]

26C. No person shall enter or use a special reading area except in
accordance with any procedure laid down or direction given by the
librarian from time to time.

26D. Any procedure laid down or direction given by the librarian
under by-law 26C may exclude a special reading area from the operation
of by-law 33 or may modify its application to a special reading area.

PART IVB

LISTENING AREAS AND VIEWING AREAS

26E. In this Part unless the context otherwise requires-

'film' includes a television programme and a magnetic videotape;

'headset' means a pair of earphones worn over the ears for the purpose
of listening to a record or to the sound-track of a film;

'listening area' means a part of a library set aside as an area for
listening to records under section 105K(4) of the Ordinance;

'record' includes a gramophone record and a magnetic audio-tape;

'viewing area' means a part of a library set aside as an area for viewing
films under section 105K(4) of the Ordinance.

26F. (1) The Council may by notice in the Gazette specify the fees
which shall be paid for the use of facilities and equipment in a listening
area or a viewing area.





(2) Except on payment of the specified fee no person may-

(a) listen to or use any record;

(b) view any film, or listen to any film sound-track; or

(c) use any facilities or equipment,

in a listening area or a viewing area.

26G. In a listening area or a viewing area

(a)except with the permission of the librarian no person shall
handle or operate any record, film, sound equipment or
viewing equipment other than a headset or volume control
switch;

(b)no person shall listen to a record or to the sound-track of a
film other than through a headset supplied by the librarian;

(c)no person shall switch on or keep switched on any volume
control switch unless the headset affected thereby is worn
over the ears;

(d)except with the permission of the librarian no person shall on
one occasion

(i) listen to the playing of more than one record or
composition, or the re-playing of any record or composition;
or

(ii) view more than one film or view a film more than once;
and

(e)no person who is suffering from a communicable ear disease
shall wear a headset.

26H. Except with the permission of the librarian

(a)no person shall make a recording of any record, film or film
sound-track in a listening area or a viewing area; and

(b)no person shall bring any recording equipment into a listening
area or a viewing area.

261. Except with the permission of the librarian

(a)no person shall use a listening area or a viewing area, or the
facilities, equipment and furniture therein except for the
purpose of listening to records or viewing films; and

(b)no furniture or equipment in a listening area or a viewing area
shall be moved from the place designated for it by the
librarian.

26J. Any person who contravenes any of the provisions of by-law
26F(2), 26G, 26H or 261 commits an offence and is liable to a fine of $100.





PART V

MISCELLANEOUS

27. (1) Any person who writes upon, marks or soils any
library material or by whose act any library material is, in the
opinion of the librarian, otherwise damaged in any way whatever or
who destroys any library material shall be liable to pay to the
Council such sum of money as the librarian considers necessary to
replace such library material or the whole set of library material
of which such library material forms a part or such sum of money as
the librarian considers will be full compensation for the damage or
loss to the Council.

(2) If any library material which is borrowed or taken from a
library or obtained for use in a library is not returned in accordance
with. these by-laws or if, when returned, such library material is
found to be written upon, marked or soiled in any way or, in the
opinion of the librarian, is otherwise damaged in any way whatever,
the person who is the holder of the ticket on which such library
material was borrowed or taken or the person who obtained the
library material for use in the library as the case may be, shall, unless
payment has been made by any person under paragraph (1) hereof,
be liable to pay to the Council such sum of money as the librarian
considers necessary to replace such library material or the whole set
of library material of which such library material forms a part or
such sum of money as the librarian considers will be full compensa-
tion for the damage or loss to the Council.

(3) In addition to any sum which a person may be liable to pay
under paragraph (1) or (2), such person may be required to pay a
surcharge amounting to 20 per cent of such sum.

(4) Where any sum becomes payable under this by-law in
respect of library material borrowed or taken from a library the
person who is the holder of the ticket on which the library material
was borrowed or taken shall be liable to pay such sum notwith-
standing that the library material was not borrowed or taken by him.

(5) The holder of a ticket who has reported in writing the loss
of the ticket to the librarian shall not be liable under this by-law in
respect of any library material which is borrowed or taken from the
library on that ticket after he has reported such loss.

28. Any person who writes upon, marks, soils or otherwise
damages in any way whatever or destroys any wall, door, furniture,
fitting or other thing in a library shall be liable to pay such sum of
money as the librarian considers necessary for the repair or replace-
ment thereof, and in addition to such sum any such person may be
required to pay a surcharge amounting to 20 per cent of such sum.

29. (1) Any person who wilfully writes upon, marks, soils, or
otherwise damages in any way whatever or destroys any library
material or any door, wall, furniture, fitting or other thing in any





library shall be guilty of an offence and liable on summary conviction to
a fine of $100.

(2) The librarian may stop any person from doing any act which in
his opinion may cause any damage to, or the destruction of, any library
material or other thing in a library.

30. Any person who in a library-

(a) spits;

(b) smokes or has or makes use of any naked light;

(c) consumes any food or drink;

(d)engages in any conversation after he has been requested not
to do so by the librarian;

(e)lies down on or puts his feet on any bench, chair or table in a
library or lies down on the floor of the library;

(ea) sits on any shelf or table or sits on the floor;

deposits or leaves any litter, paper or rubbish, save in the
bims or containers provided for that purpose; or

(g)wilfully obstructs any officer of the library in the performance
of his duty,

shall be guilty of an offence and liable on summary conviction to a fine
of $100.

31. (1) No person shall bring any animal belonging to him or under
his control into a library or permit any such animal to enter or remain in
a library.

(2) Any person who contravenes this by-law shall be guilty of an
offence and liable on summary conviction to a fine of $100.

32. (1) Except with the permission of the librarian, no person shall
bring into, or cause to be brought into, a library any wheeled vehicle or
conveyance or permit any such vehicle or conveyance to remain in a
library.

(2) Any person who contravenes this by-law shall be guilty of an
offence and liable on summary conviction to a fine of $100.

33. (1) No person shall bring any bag, suitcase or other receptacle
or any umbrella into a library unless he deposits it forthwith in the cloak-
room provided for that purpose.


(2) Except in the case of a school-bag deposited by a student
for which no fee shall be payable, a fee of 50 cents be payable in
- respect of any article deposited at the cloak-room of a library.

(3) The librarian may without assigning a reason refuse to accept
any article for deposit at the cloak-room.





(4) Neither the Council nor the librarian nor any other public
officer shall be responsible for the loss of or any damage caused
to any such article deposited pursuant to this by-law whether such
loss or damage was due to the act, neglect or default on the part of
any officer of the library or otherwise.

(5) If any article which has been deposited under this by-law
is not claimed within 1 month after it has been deposited, such
article may be sold or otherwise dealt with as the librarian thinks fit.

(6) The proceeds from the sale of any article under paragraph
(5) shall be paid to the Council.

(7) When a person deposits any article in the cloak-room of a
library he shall be given an official receipt token.

(8) The librarian may refuse to return any article deposited in
the cloak-room of a library if the person claiming the article is
unable to produce the official receipt token given to the depositor
when the article was deposited.

(9) Any person who fails to return or damages in any way an
official receipt token shall pay to the librarian the sum of $3,.
4
34. Except with the permission of the librarian, no person
other than a member of the library staff shall enter any part of a
library not open to the public.

34A. The librarian may, by notice conspicuously displayed in
any library, prohibit or restrict the taking of books, notes, writing
implements or other articles into any part of the library.

35. (1) A person suffering from any communicable disease
shall not borrow, read or use any library material from a library or
enter a library.

(2) A borrower shall not permit any person suffering from a
communicable disease to read or use any library material borrowed
from a library.

(3) Where a borrower or any person residing in the place of
residence of a borrower contracts any communicable disease, the
borrower shall forthwith notify the librarian.

36. (1) The librarian may require any person to leave a library
or any part of a library-

(a)who has committed or who he has reason to believe has
committed any offence in the library;

(b)who has contravened or is about to contravene or who he
has reason to believe has contravened or is about to
contravene any of these by-laws notwithstanding that such
contravention is not an offence;

(c)who appears to him to be under the influence of drink or
drugs;





(d) who refuses or fails to comply with any notice, requirement
or direction made, given or issued under these by-laws;

(e)who is found using the library for a purpose for which it is
not intended;

who is found sleeping or committing any nuisance in a
library;

(g) who, in his opinion, is indecently or insufficiently clad;

(h) who is offensively unclean in person or in dress;

(i)who is in a part of the library not open to the public or
from which he is excluded by these by-laws;

(j)who refuses to obey any reasonable order given to him in
furtherance of the proper management of the library.

(2) Any person who refuses or fails to leave a library or any
part of a library when required to do so under paragraph (1) shall be
guilty of an offence and liable on summary conviction to a fine of
$100.

(3) Any person who refuses or fails to leave a library or any
part of a library when required to do so under paragraph (1) may be
removed from the library at the discretion of the librarian.

37. Any person who-

(a) for the purpose of entering any part of a library;

(b) in any application for a borrower's ticket; or

(e)for the purpose of obtaining the use of any part of the
facilities of a library,

makes a 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 and liable on summary conviction to a fine of
$100.

38. (1) The librarian may prohibit any person who has con-
travened these by-laws from using any library or any specified
library for such period as he may determine.

(2) No person who has been prohibited from using any library
by the librarian under this by-law shall, without the permission of
the librarian, enter such library.

39. (1) Any sum which becomes due under the provisions of
these by-laws shall be recoverable as a debt due to the Council and
shall be paid to the Council.

(2) 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 offence, a prosecution for an offence under any
of the provisions of these by-laws may be brought in the name of
the Council.





40. [Revoked, L.N. 231179]

41. Any person aggrieved by a decision of the librarian made
under these by-laws may appeal therefrom to the Council.
L.N. 22/74. L.N. 100/78. L.N. 231/79. L.N. 248/83. 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). L.N. 248/83. Division of library. L.N. 248/83. Times during which library open to the public. 10 of 1986, s. 32(2). Holder of ticket may borrow any library material. L.N. 248/83. 10 of 1986, s. 32(2). Application to become a borrower. Borrowers' tickets. L.N. 248/83. 10 of 1986, s. 32(2). (Cap. 177, sub. leg.) Cases where person maybe required to deposit a sum of money or to have a guarantor. 10 of 1986, s. 32(2). Application under 21 years of age. Guarantor. L.N. 248/83. 10 of 1986, s. 32(2). Ticket not transferable. Borrower to report the loss of ticket. New ticket may be issued where ticket lost. 10 of 1986, s. 32(2). Procedure of borrowing library material. L.N. 248/83. Restriction on number of items of library material to be borrowed. L.N. 248/83. Borrower may reserve library material not immediately available. L.N. 248/83. Borrower to ensure that library material undamaged before leaving library. L.N. 248/83. Library material borrowed to be returned within 14 days. L.N. 248/83. L.N. 231/79. (Cap. 1.) (Cap. 62.) Return of library material. L.N. 248/83. 10 of 1986, s. 32(2). Charge of library material overdue. L.N. 231/79. L.N. 248/83. 10 of 1986, s. 32(2). (Cap. 62.) Librarian may cancel or suspend ticket. L.N. 231/79. 10 of 1986, s. 32(2). Use of reference library. L.N. 248/83. 10 of 1986, s. 32(2). Person obtaining library material from reference library to ensure library material is undamaged. L.N. 248/83. Except with the permission of the librarian library material may not be removed from the reference library. L.N. 248/83. Restriction on the use of books requested by another person. L.N. 100/78. Interpretation. Use of special reading area. Application of by-law 33. 10 of 1986, s. 32(2). L.N. 231/79. Interpretation. Fees. 10 of 1986, s. 32(2). Use of equipment. Recording. 10 of 1986, s. 32(2). Furniture and equipment. Offences. 10 of 1986, s. 32(2). Liability for library material not returned or damaged. L.N. 231/79. 10 of 1986, s. 32(2). Damage to walls, doors, etc. Wilful damage to library material, walls, doors, etc. Offences. L.N. 231/79. Animals not to be brought into library. 10 of 1986, s. 32(2). Vehicle or conveyance not to be brought into library. 10 of 1986, s. 32(2). Bags, suitcases, etc. to be deposited in cloak-room. 10 of 1986, s. 32(2). Person not to enter part of library not open to the public. Restriction on writing materials etc. L.N. 231/79. Communicable diseases. L.N. 231/79. Persons may be requested to leave in certain circumstances. 10 of 1986, s. 32(2). L.N. 231/79. False information. Librarian may exclude person infringing by-laws. 10 of 1986, s. 32(2). Name in which proceedings may be brought. 10 of 1986, s. 32(2). Appeal to the Council. 10 of 1986, s. 32(2).

Abstract

L.N. 22/74. L.N. 100/78. L.N. 231/79. L.N. 248/83. 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). L.N. 248/83. Division of library. L.N. 248/83. Times during which library open to the public. 10 of 1986, s. 32(2). Holder of ticket may borrow any library material. L.N. 248/83. 10 of 1986, s. 32(2). Application to become a borrower. Borrowers' tickets. L.N. 248/83. 10 of 1986, s. 32(2). (Cap. 177, sub. leg.) Cases where person maybe required to deposit a sum of money or to have a guarantor. 10 of 1986, s. 32(2). Application under 21 years of age. Guarantor. L.N. 248/83. 10 of 1986, s. 32(2). Ticket not transferable. Borrower to report the loss of ticket. New ticket may be issued where ticket lost. 10 of 1986, s. 32(2). Procedure of borrowing library material. L.N. 248/83. Restriction on number of items of library material to be borrowed. L.N. 248/83. Borrower may reserve library material not immediately available. L.N. 248/83. Borrower to ensure that library material undamaged before leaving library. L.N. 248/83. Library material borrowed to be returned within 14 days. L.N. 248/83. L.N. 231/79. (Cap. 1.) (Cap. 62.) Return of library material. L.N. 248/83. 10 of 1986, s. 32(2). Charge of library material overdue. L.N. 231/79. L.N. 248/83. 10 of 1986, s. 32(2). (Cap. 62.) Librarian may cancel or suspend ticket. L.N. 231/79. 10 of 1986, s. 32(2). Use of reference library. L.N. 248/83. 10 of 1986, s. 32(2). Person obtaining library material from reference library to ensure library material is undamaged. L.N. 248/83. Except with the permission of the librarian library material may not be removed from the reference library. L.N. 248/83. Restriction on the use of books requested by another person. L.N. 100/78. Interpretation. Use of special reading area. Application of by-law 33. 10 of 1986, s. 32(2). L.N. 231/79. Interpretation. Fees. 10 of 1986, s. 32(2). Use of equipment. Recording. 10 of 1986, s. 32(2). Furniture and equipment. Offences. 10 of 1986, s. 32(2). Liability for library material not returned or damaged. L.N. 231/79. 10 of 1986, s. 32(2). Damage to walls, doors, etc. Wilful damage to library material, walls, doors, etc. Offences. L.N. 231/79. Animals not to be brought into library. 10 of 1986, s. 32(2). Vehicle or conveyance not to be brought into library. 10 of 1986, s. 32(2). Bags, suitcases, etc. to be deposited in cloak-room. 10 of 1986, s. 32(2). Person not to enter part of library not open to the public. Restriction on writing materials etc. L.N. 231/79. Communicable diseases. L.N. 231/79. Persons may be requested to leave in certain circumstances. 10 of 1986, s. 32(2). L.N. 231/79. False information. Librarian may exclude person infringing by-laws. 10 of 1986, s. 32(2). Name in which proceedings may be brought. 10 of 1986, s. 32(2). Appeal to the Council. 10 of 1986, s. 32(2).

Identifier

https://oelawhk.lib.hku.hk/items/show/2601

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

14
]]>
Tue, 23 Aug 2011 18:09:03 +0800
<![CDATA[LIBRARY (REGIONAL COUNCIL) (LISTENING AREAS AND VIEWING AREAS) FEES NOTICE]]> https://oelawhk.lib.hku.hk/items/show/2600

Title

LIBRARY (REGIONAL COUNCIL) (LISTENING AREAS AND VIEWING AREAS) FEES NOTICE

Description






LIBRARY (REGIONAL COUNCIL) (LISTENING NG AREAS
AND VIEWING AREAS) FEES NOTICE

(By-law 26F of the Library (Regional Council ) By-laws)

[ 1 January 1987.]

1. This notice may be cited as the Library (Regional Council)
(Listening Areas and Viewing Areas) Fees No Notice.

2. A fee of 50 cents shall be payable by each person for the use of
facilities and equipment in a listening ea for each playing or each re-
playing of a record or part thereof.

3. (1) The following fees shall be payable for the use of each
headset connected to a videotape monitor or in a viewing area-

(a) a fee of 50 cents for any period not exceeding 30 minutes;

(b) a fee of $1.00 for any period ex exceeding 30 minutes but not
exceeding 60 minutes.

(2) Except as provided by sub-paragraph (1), no fee shall be
payable for the use of facilities or equipment ment in a viewing area.
L.N. 301/86. Citation. Fees in a listening area. Fees in a viewing area.

Abstract

L.N. 301/86. Citation. Fees in a listening area. Fees in a viewing area.

Identifier

https://oelawhk.lib.hku.hk/items/show/2600

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

1
]]>
Tue, 23 Aug 2011 18:09:02 +0800
<![CDATA[LIBRARY (LISTENING AREAS AND VIEWING AREAS) (URBAN COUNCIL) FEES NOTICE]]> https://oelawhk.lib.hku.hk/items/show/2599

Title

LIBRARY (LISTENING AREAS AND VIEWING AREAS) (URBAN COUNCIL) FEES NOTICE

Description






LIBRARY (LISTENING AREAS AND VIEWING AREAS)
(URBAN COUNCIL) FEES OTICE

(By-law 26B of the Library (Urban C uncil) By-laws)

[21 March 1980.1

1. This notice may be cited as the Library (Listening Areas and
Viewing Areas) (Urban Council) Fees otice and shall apply in respect of
libraries in the Urban Council ar a only.

2. A fee of $1 shall be payable by each person for the use of
facilities and equipment in a listening area for each playing or each re-
playing of a record or part thereof.

3. (1) The following fees shall be payable for the use of each headset
connected to a videotape monitor a viewing area


(a) a fee of $1 for any period not exceeding 30 minutes;

(b)a fee of $2 for any period exceeding 30 minutes but not
exceeding 60 minutes.

(2) Except as provided by sub-paragraph (1), no fee shall be
payable for the use of facilities or equipment in a viewing area.
L.N. 67/80. 10 of 1986. L.N. 315/86. Citation and application. 10 of 1986, s. 32(2). Fees in a listening area. L.N. 315/86. Fees in a viewing area. L.N. 315/86.

Abstract

L.N. 67/80. 10 of 1986. L.N. 315/86. Citation and application. 10 of 1986, s. 32(2). Fees in a listening area. L.N. 315/86. Fees in a viewing area. L.N. 315/86.

Identifier

https://oelawhk.lib.hku.hk/items/show/2599

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

1
]]>
Tue, 23 Aug 2011 18:09:02 +0800
<![CDATA[IMPORTED GAME, MEAT AND POULTRY REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2598

Title

IMPORTED GAME, MEAT AND POULTRY REGULATIONS

Description






IMPORTED GAME, MEAT AND POULTRY REGULATIONS
(Cap. 132, section 55)

[1 July 1976] L.N. 125 of 1976

L.N. 103 of 1976 - L.N. 67 of 1985, 10 of 1986, R. Ed. 1986, L.N. 332 of 1987, L.N. 116 of 1986

1. Citation

These regulations may be cited as the Imported Game, Meat and Poultry
Regulations. (L.N. 116 if 1989)

2. Interpretation

In these regulations, unless the context otherwise requires-

,,animal' means mammals,reptiles, amphibians and birds other than those
from which poultry is derived; '-N. 11

of 1989)

'Authority' means the Secretary for Municipal Services: (L.N. 67 of 1985)

'competent authorityany authority, having power under the laws in
force in any country to examine articles of food and to certify as to their
fitness for human consumption, which is for the time being recognized by
the Authority for the purpose of these regulations; (10 of 1986 s. 32(2)

'country of origin' means

(a)in relation to game or meat, the country where the animal from which
the game or meat is taken was slaughtered; and (L.N. 116 of 1989)

(b)in relation to poultry, the country where the poultry was slaughtered
or processed;

'export' means to take, or cause to be taken, out of Hong Kong any game, meat or
poultry other than game, meat or poultry in transit; (L.N. 116 of 1989)

'fresh', in relation to game, meat or poultry means game, meat or poultry which

(a) has not been subjected to a process of preservation; or

from which poultry
is derived;
means the Secretary
for
authority means

(b) has been preserved by chilling; (L.N. 116 of 1989)

'game' means the fresh or frozen carcass, flesh or other edible part, including edible
viscera and offal, of an animal other than an animal from which meat is derived;
(L.N. 116 of 1989)

'import' means to bring, or cause to be brought, into Hong Kong any game, meat,
poultry or prohibited meat other than game, meat, poultry or prohibited meat in
transit;





'meat' means the fresh or frozen carcass, flesh or other edible part includig edible
viscera and offal of an animal, being an animal kept in captivity before slaughter
from which beef, mutton, pork, veal or lamb is derived; (L.N. 116 of 1989)

-official certificate means

(a)in relation to meat, a certificate issued by a competent authority
showing

(i)that the meat to which it relates was derived from animals
inspected ante and post mortem and passed in accordance with
criteria satisfactory to the Authority; and (L.N. 67 of 1985)

(ii) that all necessary precautions for the prevention of danger to
public health were taken in the dressing or preparing and
packing of the meat; and

(b)in relation to poultry, a certificate issued by a competent authority
showing that the poultry to which it relates was inspected and found
to be fit for human consumption and was packed under sanitary
conditions;

'poultry' means

(a)the fresh or frozen carcass of a domestic fowl, duck, goose, or turkey;
(L.N. 116 of 1989)

(b)the fresh or frozen part of any such carcass other than the viscera; or

(c)the fresh or frozen viscera of any bird mentioned or referred to in
paragraph (a), being viscera that is edible;

'prohibited meat means any of the kinds of meat specified in the Schedule;

'transhipment certificate in. relation to any meat or poultry which is unloaded in any
country in the course of being transhipped within the meaning of regulation
4(4), means a certificate

(a)issued by any authority having the power under the laws in force in
that country, to examine articles of food and to certify as to their
fitness for human consumption; and

(b)showing that the meat or poultry was properly imported into that
country and, during its stay there, did not suffer any spoilage or
deterioration; (L.N. 116 of 1989)

,'vehicle' means every means of conveyance or of transit or other mobile apparatus
used or capable of being used on land, whether on roads or rails and, in any
way whatever, drawn or propelled or carried; (L.N. 116 of 1989)

,'vessel' includes every description of vessel used in navigation for the carriage of
persons or articles, whether or not the vessel is mechanically propelled and
whether or not the vessel is towed or pushed by another vessel. (L.N. 116 of
1989)





3. Recognition of competent authority

(1) The recognition by the Authority of a competent authority for the purposes
of these regulations shall be subject to such conditions as he may specify and may
be varied or cancelled by him at any time.

(2) A notification of the recognition by the Authority of any competent
authority, together with any conditions to which such recognition is subject, and of
the variation or cancellation of any such recognition shall be published in the
Gazette.

(L.N. 67 of 1985)

4. Restriction on the import of certain

meat, meat products and poultry

(1) Subject to subregulation (2), no person shall import

(a) meat or poultry-

(i) without an official certificate; and

(ii) where it has been transhipped, subject to subregulation (5),
without a transhipment certificate; and

(b)game or prohibited meat, whether directly imported or transhipped,
otherwise than with the permission in writing of a health officer and
subject to such conditions as he may impose.

(2) Meat or poultry may be imported without an official certificate subject to the
permission in writing of a health officer and to such conditions as he may impose.

(3) Where a person imports game, meat, poultry or prohibited meat under
subregulation (1) or (2) a health officer may

(a)require the person who imports such game, meat, poultry or prohibited
meat to submit it for inspection by a health inspector on arrival; and

(b)impose such conditions or issue such directions with regard to the
imported game, meat, poultry or prohibited meat as he may consider
desirable for the purpose of ensuring that it is sound, wholesome or fit
for human consumption.

(4) For the purposes of this regulation, meat or poultry is deemed to be
transhipped if it is consigned to Hong Kong from the country of origin but before
being imported into Hong Kong is unloaded in another country and either--

(a)returned to the same vessel or aircraft or vehicle from which it was
unloaded; or

(b)transferred to another vessel or aircraft or vehicle before being
exported from that country, whether it is transferred directly between
such vessels or aircrafts or vehicles or whether it is stored pending
exportation.





(5) No transhipment certificate shall be required in respect of meat or
poultry imported into Hong Kong in sealed refrigerated containers, where the
person who imports the meat or poultry establishes to the satisfaction of a
health officer that the seals of the containers have remained intact and have not
been tampered with in any manner in the course of their journey from the
country of origin to Hong Kong.
(L.N. 116 of 1989)

5.Procedure for export, destruction or disposal
of game, meat, poultry or prohibited meat
imported in contravention of regulation 4

(1) If upon the report of a health inspector who has examined any game,
meat, poultry or prohibited meat it appears to a health officer that-
(a)the meat or poultry is being or has been imported in con-
travention of regulation 4(1)(a) or (2); or
(b)the official certificate or the transhipment certificate accom-
panying the meat or poultry is incorrect or does not apply to
Hong Kong; or
(e)although accompanied by an official certificate and a tranship-
ment certificate, where such is required, the meat or poultry is
unfit for human consumption, unsound or unwholesome; or
(d)game or prohibited meat has been imported without the
permission of a health officer; or
(e)any condition imposed under regulation 4(1)(b) or (2) has not
been complied with; or
(j)although game, meat, poultry or prohibited meat has been
imported in accordance with regulation 4(1)(b) or (2) as the case
may be, any condition or direction referred to in regulation 4(3)
has not been complied with or it is unfit for human consumption,
unsound or unwholesome,
the health officer shall by notice in writing addressed to the person in possession
of the imported game, meat, poultry or prohibited meat direct that such person
shall either surrender such game, meat, poultry or prohibited meat to the
Authority or shall export it to its country of origin, in which event the person
shall not part with possession of such game, meat, poultry or prohibited meat
until it is exported. (L.N. 116 of 1989)
(2) A notice under subregulation (1) shall state-
(a)that within the time specified in the notice, being not less than 48
hours after the notice is received, the person in possession of the
imported game, meat, poultry or prohibited meat shall undertake
in writing that, within 30 days from the date of the undertaking,
he will either surrender the game, meat, poultry or prohibited





meat to the Authority or export the game, meat, poultry or prohibited
meat at his own expense; and

(b)that if the game, meat, poultry or prohibited meat is surrendered or is
not exported in accordance with the undertaking, the game, meat,
poultry or prohibited meat may be destroyed or otherwise disposed
of by the Authority under section 59 of the Ordinance.

(L.N. D6of 1989)

6. Prohibition of re-import where notice

given under regulation 5(1)

No person shall import any game, meat, poultry or prohibited meat, which to his
knowledge has been exported from Hong Kong pursuant to an undertaking given by
any person under regulation 5(2). (L.N. 116 of 1989)

7. Offences and penalties

(1) Any person who

(a)imports game, meat, poultry or prohibited meat otherwise than in
accordance with regulation 4(1) or (2); or

(b)fails to comply with any condition, requirement or direction referred
to in regulation 4; or

(e) contravenes regulation 6, commits an ofrence. (L.N. 116 of 1989)

(2) Any person upon whom a notice has been served under regulation 5 who
parts with possession of any imported game, meat, poultry or prohibited meat for
any purpose other than for export to its country of origin, or for destruction or
disposal under section 59 of the Ordinance shall be guilty of an offence. (L.N. 116 of
1989)

(3) Any person guilty of an offence under subregulation (1) or (2) shall be liable
on conviction to a fine of $25,000 and to imprisonment for 6 months. (L.N. 332 of
1987)

7A. Retention of official certificate

(1) The original of every official certificate accompanying imported meat and
poultry shall be retained by the person who imports the meat and poultry whether or
not he is in possession of the meat and poultry, for not less than 2 months from the
date of import, and shall be available for inspection at all reasonable times by any
health inspector or health officer.

(2) Any person who fails to retain an official certificate or fails to make it
available for inspection as required under subregulation (1) commits an offence and
is liable to a fine of $5,000 and to imprisonment for 3 months.

(L.N. 116 of 1989)





8. Name in which proceedings 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 criminal offence, 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; or

(b)where the offence was committed in the Regional Council area, be
brought in the name of the Regional Council.

(L.N. 67 of 1985; 10 of 1986 s. 32(2)

SCHEDULE [reg. 21

PROMBITFD MEAT

(a)Scrap meat, that is to say, meat which consists of scraps, trimmings or other pieces (whether
with or without bone) of such shape or in such condition as to afford insufficient means of
identification with a definite part of a carcass

(b)Meat comprising the wall of the thorax or abdomen from which there has been detached any
part of the pleura or (save in the case of meat derived from a pig) the peritoneum, other than
a part necessarily removed in preparing the meat.

(e)Meat, other than mutton and lamb, from which a lymphatic gland, except a gland necessarily
removed in preparing the meat, has been taken out.

(d) The head of an animal without the submaxillary gland.

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/2598

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

6
]]>
Tue, 23 Aug 2011 18:09:01 +0800
<![CDATA[HONG KONG CEMETERY, HAPPY VALLEY, RULES]]> https://oelawhk.lib.hku.hk/items/show/2597

Title

HONG KONG CEMETERY, HAPPY VALLEY, RULES

Description






HONG KONG CEMETERY, HAPPY VALLEY, RULES

(Cap. 132, section 117)

[20 April 1961.1

1. These rules may be cited as the Hong Kong Cemetery, Happy
Valley, Rules.

2. The Hong Kong Cemetery, Happy Valley, shall be open to the
public at the following times

1 April to 30 September-7 a.m. to 7 p.m.

1 October to 31 March-7 a.m. to 6 p.m.

3. No person shall permit any dog or other animal to enter the
cemetery.

4. Except with the prior permission of the Director of Urban
Services

(a)no band, other than a band of Her Majesty's armed forces,
may enter or play within the cemetery; and

(b)no person may take any photograph in the cemetery of any
process of burial or of any religious or other ceremony
conducted in connexion therewith.
G.N.A. 52/61. L.N. 288/77. Citation. L.N. 288/77. Hours of opening and closing. Animals. Bands and Photographs.

Abstract

G.N.A. 52/61. L.N. 288/77. Citation. L.N. 288/77. Hours of opening and closing. Animals. Bands and Photographs.

Identifier

https://oelawhk.lib.hku.hk/items/show/2597

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

1
]]>
Tue, 23 Aug 2011 18:09:01 +0800
<![CDATA[HAWKER (URBAN COUNCIL) BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/2596

Title

HAWKER (URBAN COUNCIL) BY-LAWS

Description






(URBAN COUNCIL) BY-LAWS

ARRANGEMENT OF BY-
LAWS

By-law .................................. Page

PART I

PRELIMINARY

1. Citation................................ ... ... ... ... ... ... ... AI 3

2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... AI 3
3. Application ... ... ... ... ... ... ... ... ... ... ... ... ... ... AI 4
4. Hawker permitted places ... ... ... ... ... ... ... ... ... ... ... ... AI 4

PART II

HAWKER
LICENCES

5. Hawkers to be licensed ... ... ... ... ... ... ... ... ... ... ... ... AI 5
6. Restrictions on issue of licences ... ... ... ... ... ... ... ... ... ... AI 5
7. Applications for licences ... ... ... ... ... ... ... ... ... ... ... ... AI 5
8. Issue of fixed-pitch hawker licences ... ... ... ... ... ... ... ... ... AI 6
9. Itinerant hawker licences ... ... ... ... ... ... ... ... ... ... ... ... AI 6
10. Temporary licences ... ... ... ... ... ... ... ... ... ... ... ... ... AI 7
11. Deputies ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... AI 7
12. Assistants ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... AI 7
13. Licences not transferable or transmissible ... ... ... ... ... ... ... ... AI 8
14. Licences not to be altered or defaced ... ... ... ... ... ... ... ... ... AI 8
15. Possession of licences ... ... ... ... ... ... ... ... ... ... ... ... AI 8
16. Licensees to produce licences for inspection on demand ... ... ... ... ... AI 8
17. Issue of duplicate licences ... ... ... ... ... ... ... ... ... ... ... ... AI 8
18. Duration of licences ... ... ... ... ... ... ... ... ... ... ... ... ... AI 9
19. Cancellation of licences, etc . ... ... ... ... ... ... ... ... ... ... ... AI 9
20. Licence to be surrendered on termination ... ... ... ... ... ... ... ... AI 9
21. Renewal of licences ... ... ... ... ... ... ... ... ... ... ... ... ... AI 9
22. Restrictions on areas in which licensees may hawk ... ... ... ... ... ... A19
23. [Cancelled] ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A19
24. Council to be notified of change of particulars ... ... ... ... ... ... ... AI 10
25. Council may require production of licence for amendment ... ... ... ... ... AI 10
26. Register of licences to be kept ... ... ... ... ... ... ... ... ... ... ... AI 10

PART III

FIXED PITCHES

27. Delineation of fixed pitches ... ... ... ... ... ... ... ... ... ... ... AI 10
28. Meters ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... AI 11
29. Interference with meters ... ... ... ... ... ... ... ... ... ... ... ... AI 11





By-law....................................... Page
30. Use of metered pitches ...................... ... ... ... ... ... ... AI 11
31. Control of use of fixed pitches ....... ... ... ... ... ... ... ... ... AI 12
32. Temporary closure of pitches ........ ...... ... ... ... ... .--- AI 12
33. Allocation of fixed pitches .............. ... ... ... ... ... ... ... AI 12
34. Council may require allocated pitch to be vacated either permanently or
temporarily ... ... ... ... ... ... ... ... ... ... ... ... ... ... AI 12
35. Cancellation of allocation at request of licensee ... ... ... ... ... ... AI 13
36. Pitches to be used only by holders of fixed pitch licences ... ... ... ... AI 13
37. Use of pitches .............................. ... ... ... ... ... ... AI 13
38. Fixed pitch licensees to be present on pitches at all reasonable times ... ... AI 13
39. Fixed pitches to be kept in safe and clean condition ... ... ... ... ... AI 14

PART IV

HAWKERS STALLS AND EQUIPMENT

40. Stalls for holders of fixed-pitch and temporary hawker licences ... ... ... AI 14
41. Erection of wall stalls permitted in certain cases ... ... ... ... ... ... AI 14
42. Stalls for holders of itinerant hawker licences ... ... ... ... ... ... AI 14
43. Approval to be endorsed on licence .... ... ... ... ... ... ... ... AI 14
44. Stalls to be used only for hawking .... ... ... ... ... ... ... ... ... AI 14
45. Removal of stalls from pitches ........ ... ... ... ... ... ... ... AI 15

46. Licensee not to damage pitch ............. ... ... ... ... ... ... ... AI 15
47. Stalls not to be joined ..................... ... ... ... ... ... ... AI 15
48. Licensees not to place commodities and equipment outside pitches ... ... AI 15
49. Use of tables and stools by holder of fixed-pitch hawker licences authorized
to deal in drink or cooked food ... ... ... ... ... ... ... ... ... ... AI 15

50. Equipment to be maintained in safe and clean condition ... ... ... ... AI 16
51. Refuse bins to be provided ............ ... ... ... ... ... ... ... AI 16
52. Special provisions relating to equipment to be provided by licensees dealing
in drink or cooked food ..................... ... ... ... ... AI 16
53. Licensee not to cause obstruction ..... ... ... ... ... ... ... ... ... AI 17
54. Electrical equipment not to be installed without approval of Council ... AI 17

PART V

MISCELLANEOUS PROVISIONS

55. Licensee to comply with conditions of licence ... ... ... ... ... ... AI 17
56. Offences and penalties ...................... ... ... ... ... ... ... AI 18
57. Magistrate may recommend cancellation or suspension of licence ... ... AI 19
58. Forfeiture of equipment ..................... ... ... ... ... ... ... AI 19

Schedule. Fees ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... AI 19





HAWKER (URBAN COUNCIL) BY-LAWS

(Cap. 132, section 83A)

[3 November 1972.1

PART I

PRELIMINARY

1. These by-laws may be cited as the Hawker (Urban Council) By-
laws.

2. In these by-laws, unless the context otherwise requires

'appropriate coin' means the denomination of coin to be used for the
payment of the fee for the use of a fixed pitch as indicated in
accordance with by-law 28(2) on a meter erected on or at a pitch
under by-law 28(1);

'boundaries', in relation to a pitch, means the boundaries of the pitch as
delineated by the Council in accordance with these by-laws;

'commodities' means any goods, wares, or merchandise; and includes
any samples and patterns of goods, wares, and merchandise;

'Council' means the Urban Council;

'drink' includes every type of prepared beverage except one that is
sealed in a bottle or canister at the time of manufacture;

'equipment' includes any stall, table, stool, chair, utensil, water
container, dustbin, or other article used by a hawker in connection
with hawking; but does not include any commodity sold or exposed
for sale by the hawker;

'fixed pitch' means any pitch delineated on the ground under by-law 27
or a pitch specified in a fixed-pitch hawker licence issued under by-
law 8(1);

'fixed-pitch hawker licence' means a licence issued under by-law 8;

'hawker permitted area' means any area which is declared in accordance
with by-law 4(1) to be a hawker permitted area;





'Housing Authority estate' means any land vested in the Housing
Authority or over which the Housing Authority has control
and management;

'itinerant hawker licence' means a licence issued under by-law 9;

'licence' means a licence issued under these by-laws to a person for
the purposes of hawking; and 'licensee' has a corresponding
meaning;

'Secretary' means the Secretary of the Urban Council;

',stall' means any stall, erection, structure, box, cart, barrow,
trolley, or van, which is used, or is capable of being used,
as a place from orlon which hawking can be carried on;

'to use', in relation to fixed pitch, includes to place or to acquiesce
in the placing of any commodity, equipment, or other object on
the pitch or on a stall on the pitch;

'to vacate', in relation to a fixed pitch, includes the removal of
any commodity, equipment, or other object placed on the
pitch or on a stall on the pitch by or with the acquiescence
of the licensee who is using the pitch;

'wall stall' means a stall which is affixed to or placed against any
external part of any building or similar structure and which
faces onto a street.

3. (1) These by-laws apply only to the Urban Council area.

(2) These by-laws do not apply to any hawker who-

(a) is hawking as a car cleaner; and

(b)holds a cleaner's permit issued under regulation 24 of the
Road Traffic (Parking) Regulations.

4. (1) The Council may, by notice published in the Gazette-

(a)declare any street or part of a street set aside under
section 83B or any part of any public place under its
control to be a hawker permitted area and an area may
be so declared to be a hawker permitted area for specified
hours each day; and

(b)declare any hawker permitted area to be restricted to
hawkers who hold any particular class or classes of licence.

(2) The Council may erect appropriate signs to indicate-

(a) hawker permitted areas;

(b)the class or classes of licensee which are permitted to
hawk in those areas; and

(c)the hours during which licensees are permitted to hawk
in those areas.





(3) The Secretary shall-

(a)prepare one or more maps which delineate clearly every
hawker permitted area; and

(b)indicate on those maps the class or classes of licensee that
may hawk in those areas.

(4) The Secretary shall keep all maps that he is required to
prepare under paragraph (3) available at his office during the
ordinary business hours of that office for inspection by any member
of the public who desires to see them.

PART II

HAWKER LICENCES

5. (1) [Deleted, L.N. 1431871

(2) No licensee may hawk any commodity or service that is
not specified in his licence.

6. A licence may not be issued to any person who-

(a) is under 18 years of age; or

(b) is already the holder of a valid licence.

7. (1) Every application for a licence shall-

(a)be made in writing to the Council in such form, and
contain such particulars, as the Council may reasonably
require;

(b)specify whether a fixed-pitch hawker licence, an itinerant
hawker licence, or a temporary hawker licence is required;

(c)be accompanied by the prescribed fee and by 4 full-face
passport-size photographs of the applicant which shall
portray a recognizable likeness of him.

(2) Where an applicant applies for a fixed-pitch hawker
licence, the Council may withhold the issue of a licence-

(a)until the stall and equipment proposed to be used in
connection with the licensee's business have been con-
structed or provided in accordance with specifications
approved by the Council;

(b)if the application is for a licence authorizing the applicant
to deal in drink or cooked food, until a suitable pitch is
available for allocation to him under by-law 33(1).





8. (1) In every case where an application for a fixed-pitch
hawker licence is granted, the Council shall, subject to paragraph
(2), issue to the applicant in such form as it thinks fit a fixed-pitch
hawker licence which authorizes the applicant to hawk from a fixed
pitch.

(2) Every such licence shall-

(a) state on its face that it is a fixed-pitch hawker licence;

(b)specify an identifying number or the approximate location
of the pitch;

(c) specify the name and address of the licensee;

(d)specify the nature of the commodity to be sold, or the
service to be provided, by the licensee;

(e)if the licensee has been allocated a fixed pitch, specify
particulars of the location of the pitch;

have affixed to it one of the photographs which accom-
panied the application; and

(g)state that the licence is issued subject to the condition that
the licensee complies. with these by-laws.

(3) Without limiting paragraph (2), the Council may in any
such licence-

(a)impose on the licensee conditions relating to the sale of the
commodity, or, as the case may be, the provision of the
service, which he is permitted to hawk;

(b)prescribe the hours during which the licensee is permitted
to hawk;

(c)if the licensee has not been allocated a fixed pitch, specify
the areas in which he may hawk;

(d)specify such other particulars as the Council considers
necessary.

9. (1) In every case where an application for an itinerant
hawker licence is granted, the Council shall, subject to paragraph
(2), issue to the applicant in such form as it thinks fit an itinerant
hawker licence which authorizes the applicant to hawk in a hawker
permitted area or in such places as may be specified in such licence,
otherwise than from a fixed pitch.

(2) Every such licence shall-

(a) state on its face that it is an itinerant hawker licence;

(b) specify an identifying number;

(c) specify the name and address of the licensee;

(d)specify the nature of the commodity to be sold, or the
service to be provided, as the case may be;





(e)have affixed to it one of the photographs which accompained
the application;

(f)state that the licence is issued subject to the condition that
the licensee complies with these by-laws.

(3) Without limiting paragraph (2), the Council may in any such
licence

(a)impose on the licensee conditions relating to the sale of the
commodity, or, as the case may be, the provision of the
service, which he is permitted to hawk;

(b) prescribe the hours during which the licensee may hawk;

(c) specify the areas in which the licensee may hawk;

(d)specify such other particulars as the Council considers
necessary.

10. In every case where an application for a temporary licence is
granted, the Council shall issue to the applicant in such form as it thinks
fit a temporary licence which permits the licensee to hawk for such
period (not exceeding 1 month) and for such purpose as the Council
specifies in the licence, subject to any conditions that the Council thinks
fit to specify in the licence.

11. (1) Where a licensee leaves or intends to leave Hong Kong, or is
incapacitated by illness, for a period of more than 8 days. he may, with
the prior permission in writing of the Council and on the payment of the
prescribed fee, appoint any person eligible to hold a hawker licence to be
his deputy during the absence or incapacity.

(2) Where permission is given under paragraph (1), the Council
shall issue to the deputy a permit in such form and containing such
particulars as it thinks fit, and all the provisions of these by-laws, so far
as they are applicable and with any necessary modifications, shall apply
to the permit as if it were a licence.

(3) The Council shall not, except in such special circumstances as it
thinks fit, grant any permission under paragraph (1) for any period
exceeding 6 months.

(4) Whenever a deputy acts for a licensee under this by-law, the
duties imposed on a licensee under these by-laws shall be complied
with by the deputy; and the. deputy shall be liable to prosecution for
contravention of these by-laws as if he were a licensee.

12. (1) A licensee who holds a fixed-pitch hawker licence may
employ such number of assistants as he thinks necessary for the
purpose of enabling him to carry on his business, but no such assistant
shall engage in hawking during the absence (other than absence for
reasonable cause) of the licensee from his pitch.





(2) A licensee who holds an itinerant hawker licence may not
employ any assistants.

(3) If any person acts as an assistant in contravention of paragraph
(1) or (2), he is deemed to be hawking without a licence in contravention
of section 83B of the Ordinance.

(4) Any licensee who employs an assistant shall be vicariously
liable for any act done or omitted by the assistant which, if done or
omitted by the licensee personally, would be an offence against these by-
laws; and the licensee may be proceeded against for the offence and
dealt with as if he had committed it personally.

13. (1) A licensee shall not transfer his licence to any other person.
Any transfer or purported transfer of a licence shall be of no effect.

(2) A licence is not transmissible by operation of law.

14. Except as otherwise provided in these by-laws, no person shall
make any alteration to a licence .

15. (1) Except when a licensee is required to produce or surrender
his licence to the Council or any person in accordance with these by-
laws, every licensee shall carry his licence with him at all times while he
is hawking.

(2) Except for the purposes of by-law 20(2) or where the possession
is authorized by these by-laws or in the licence, no person may
knowingly possess a licence which has been issued to another person.

(3) Except where a licensee is required to produce or surrender his
licence to the Council or to any person in accordance with these by-laws,
a licensee shall not knowingly give possession of his licence to any
other person.

16. Every licensee who is for the time being engaged in hawking
shall, on being required to do so by

(a)any officer of the Urban Services Department who holds a rank
which is not below that of foreman;

(b)[Deleted, 77 of 1979, s. 4]

(c)any police officer; or

(d)in the case of a licensee hawking within a Housing Authority
estate, an officer of the Housing Department,

produce his licence to that person for inspection.

17.The Council shall, if it is satisfied that a licence

has been

accidentally lost, destroyed, or defaced, and on payment of the
prescribed fee, issue a duplicate of the licence to the licensee,,





18. Every licence, other than a temporary licence, shall, unless it is
sooner renewed, expire 12 months after the date on which it was issued.

19. (1) Without prejudice to section 125 of the Ordinance, the
Council shall, on being requested to do so by a licensee, cancel his
licence.

(2) Notwithstanding anything to the contrary in these by-

laws, a licence is deemed to be cancelled on the death of the
licensee.

20. (1) If a licence is terminated for any reason other than the death
of the licensee, the holder of the licence shall, not later than 30 days after
the termination, surrender it, to the Council it to such officer of the
Council as it may direct. A

(2) If a licence is terminated by the death of the licensee, his
personal representative shall surrender the licence to the Council not
later than 30 days after the death of the licensee.

21. (1) The Council may, on application being made to it by the
licensee before the expiry of his licence, renew the licence (not being a
temporary licence or a deputy's permit) for a further period of 12 months.

(2) Every such application shall be in such form and contain such
particulars as may be specified by the Council and shall be accompanied
by the prescribed fee and by the licensee's licence.

(3) Where a licensee applies for the renewal of his licence before
the date of its expiration and the Council does not renew it on or before
that date, the licence shall, unless sooner terminated under the
Ordinance or these by-laws, remain in full force and effect until the
licensee is notified either that the licence is renewed or that the Council
has refused to renew it, as the case may be.

(4) Nothing in this by-law shall preclude the Council from renewing
an expired licence, but such a renewal shall not render the licence valid
for the period between the date of its expiry and the date of its renewal.

22. (1) A licensee whose licence is issued in respect of a hawker
permitted area shall not hawk outside the hawker permitted area to which
his licence relates.

(2) No licensee shall hawk in or on any hawker permitted area that
the Council has declared under by-law 4(1) to be restricted to licensees
of a class other than that to which the licensee belongs.

(3) The Council may at any time endorse on an itinerant hawker
licence a condition prohibiting the licensee from hawking otherwise than
in specified streets or places.





24. If at any time after any application is made under by-law 7 there
is any material change in the particulars provided in the application or in
the particulars provided pursuant to this by-law (being in either case a
change of which the Council is not already aware), the applicant or, if a
licence has already been issued, the licensee shall notify the Council in
writing of the change not later than 7 days after becoming aware of it:

Provided that if any person other than the licensee notifies the
Council of the change, the licensee shall be deemed to have complied
with this by-law.

25. (1) The Council may serve notice in writing on a licensee
requiring him to produce his licence to the Council in order that

(a) the Council may endorse on the licence any endorsement
that is required or authorized under these by-laws; or

(b)in any case where the permission to which the endorsement on
the licence relates has been withdrawn, the Council may delete
the endorsement.

(2) A licensee on whom a notice has been served under paragraph
(1) shall comply with it not later than 7 days after its service on him.

26. (1) The Council shall cause to be kept by the Secretary a
register of licences, and a register of licensees, in such form and
containing such particulars as the Council thinks necessary.

(2) The registers shall be kept at the office of the Secretary and
shall be made available during the ordinary business hours of that office
for inspection by any member of the public who desires to see them.

(3) If at any time the Secretary is satisfied that any entry in the
register is erroneous, he shall take such steps as are necessary to correct
the error.

(4) A certificate under the hand of the Secretary certifying that a
person does or does not hold a licence under these by-laws, or
containing a copy of any entry in either of the registers, shall, in the
absence of evidence to the contrary, be sufficient evidence in all
proceedings under these by-laws as to the truth of its contents; and it
shall not be necessary for the Secretary to appear to give evidence, or
for the register to be produced as evidence, for the purposes of the
proceedings.

PART 111

FIXED PITCHES

27. (1) The Council may from time to time cause fixed pitches to be
set aside in any place or street or in any hawker permitted area for the
use of holders of fixed-pitch hawker licences.





(2) Every such pitch may be delineated by means of-

(a) continuous or intermittent lines painted on the ground; or

(b) studs affixed to the ground.

28. (1) The Council may, for the purpose of the charging of
fees for the use of fixed pitches by licensees, erect a meter at or on
each of those pitches.

(2) Every such meter shall bear a plate or other device showing
in English and in Chinese characters-

(a)the prescribed fee that is payable for the use of the fixed
pitch on or at which the meter is erected;

(b)the denomination of coin to be used for the payment of
the fee;

(c)the period of time for which, and the hours during which,
the pitch may be used on payment of the fee.

(3) Subject to by-law 30, a licensee who wishes to use a fixed
pitch on or at which a meter is erected shall, before doing so, pay
a fee at the prescribed rate by inserting one or more appropriate
coins in the meter and shall comply with any other directions
shown on the meter.

(4) The insertion of the appropriate coin or coins in a meter in
accordance with paragraph (3) is payment for the use of the fixed
pitch on or at which the meter is erected for the period shown on the
meter calculated from the time of insertion of the coin. If a licensee
wishes to continue to use a fixed pitch after the expiration of the
period for which he previously inserted the coin or coins in the
meter, he shall pay a further fee at the prescribed rate by inserting in
the meter one or more additional coins of the appropriate denomi-
nation and comply with any other direction shown on the meter.

(5) Nothing in this by-law entitles a person to use in con-
travention of any other provision in these by-laws a fixed pitch on
or at which a meter is erected.

29. No person shall, without the authority of the Council-

(a) interfere with; or

(b) insert any object other than an appropriate coin into,

a meter that is erected on or at a fixed pitch under by-law 28(1).

30. (1) A licensee who holds a fixed-pitch hawker licence
shall not use a fixed pitch at or on which a meter is erected under
by-law 28(1) unless the meter is for the time being exhibiting a
sign indicating that the prescribed fee has been paid for the use
of the pitch.





(2) It is a defence in any proceedings for a contravention of
paragraph (1) if it is proved that

(a)by-law 28(3) was complied with in respect of the use of the
fixed pitch;

(b)if the meter had been working satisfactorily, the sign referred
to in paragraph (1) would have been exhibited; and

(c) because of a defect in the meter, the sign was not exhibited.

31. The Council may, by painting words on the ground or erecting
an appropriate sign on or at a fixed pitch, impose such conditions as it
thinks fit as to

(a)the commodities and the services that may be hawked from the
pitches;

(b)the hours during which the pitch may be used for hawking;
and

(c) the class or classes of licensee who may use the pitch.

32. Where the Council has erected a sign at or on a fixed pitch
containing a notice to the effect that the use of the pitch is prohibited
during such periods as may be specified, no licensee shall use that pitch
during those periods.

33. (1) Where a licensee is the holder of a fixed-pitch hawker licence
which authorizes him to deal in drink or cooked food, the Council shall
allocate a fixed pitch to him on payment of the prescribed fee.

(2) If a licensee is the holder of any other type of fixedpitch hawker
licence, the Council may, depending on availability, allocate to him a
fixed pitch on payment of the prescribed fee.

(3) A licensee to whom a fixed pitch has been allocated shall not
use a pitch at or on which a meter is erected under by-law 28(1).

34. (1) Where the Council serves on a licensee to whom a fixed
pitch has been allocated under by-law 33 a notice ordering him to vacate
the pitch, he shall comply with the notice within such period as may be
specified in it, being a period not less than 15 days from the date of
service.

(2) At the expiry of the period specified in the notice, the pitch
shall, unless the Council otherwise directs, cease to be allocated to the
licensee.

(3) If the Council orders a licensee who is the holder of a fixed-pitch
hawker licence which authorizes him to deal in drink or cooked food to
vacate his pitch permanently, it shall allocate to him another fixed pitch
in accordance with by-law 33.





(4) Without prejudice to paragraph (1), if street cleaning,
street repairs, or scavenging is required to be carried out, or a
natural disaster, fire, accident, riot, disturbance, or other emergency
occurs, at or in the vicinity of a fixed pitch, and-

(a)an officer of the Urban Services Department who holds a
rank not below that of foreman;

(b) [Deleted, 77 of 1979, s. 4]

(c) a police officer; or

(d)if the pitch is within a Housing Authority estate, an officer
of the Housing Department,

considers that, to enable the cleaning, repairs, or scavenging to take
place or, as the case may be, in the interests of the safety of the
licensee or any member of the public, it is necessary for the pitch to
be vacated, he may, either by written or verbal notice, direct the
licensee to vacate the pitch temporarily from such time and for such
period as he may specify; and the licensee shall comply with that
direction from that time and for that period.

(5) Where any licensee fails to comply with any notice or
direction served on or given to him under this by-law within the
period specified in the notice or direction, the Council, or any officer
acting under the authority of the Council, may remove all equip-
ment, commodities, and other items left on the pitch; and, without
prejudice to the liability of the licensee to any penalty or forfeiture
under these by-laws or under the Ordinance, the Council may
recover the cost of removal from the licensee in like manner as a
debt.

35. The Council shall, on being requested to do so by a licensee
to whom a fixed pitch is for the time being allocated under by-law
33, forthwith cancel the allocation.

36. (1) No person (whether a licensee or otherwise) shall use a
fixed pitch unless he is the holder of a fixed-pitch hawker licence.

(2) A licensee who holds a fixed-pitch hawker licence shall not
hawk from any place other than that to which his licence relates.

37. A licensee who holds a fixed-pitch hawker licence shall not
use a fixed pitch that is for the time being allocated to another
licensee, or that is being lawfully used by another licensee.

38. When the business of a licensee to whom a fixed pitch has
been allocated under by-law 33 is being carried on, that licensee
shall, unless absent for some reasonable cause, be personally present
at the pitch and conduct or superintend business there.





39. (1) Every licensee, being the holder of a fixed-pitch
hawker licence, who uses a metered fixed pitch, shall while using
the pitch maintain it and the area immediately adjacent to it in a
clean and safe condition and ensure that the pitch and area is kept
free of refuse (including refuse deposited by any other person).

(2) Every licensee, being the holder of a fixed-pitch hawker
licence, who is the occupier of a fixed pitch allocated to him under
by-law 31, shall at all times maintain the pitch and the area
immediately adjacent to it in a clean and safe condition and ensure
that both the pitch and the area are kept free of refuse (including
refuse deposited by another person).

PARTIV

HAWKERS STALLS AND EQUIPMENT

40. (1) Where a licensee who is the holder of a fixed-pitch
hawker licence is for the time being allocated a fixed pitch under
by-law 33, he may, unless a stall is provided by the Council on the
pitch provide at his own expense and hawk from a stall (other than
a wall stall) that is designed and constructed in accordance with
specifications previously approved by the Council.

(2) A licensee who holds a temporary hawker licence which
authorizes him to hawk from a fixed pitch may provide and hawk
from a stall (other than a wall stall) that is designed and con-
structed in accordance with specifications previously approved by
the Council.

41. Notwithstanding by-law 40, the Council may permit a
licensee who holds a fixed-pitch hawker licence, on receiving a
written application from him for the purpose, to erect on any fixed
pitch that is for the time being allocated to him under by-law 33
(not being one on which the Council provides a stall) a wall stall
that is designed and constructed in accordance with specifications
previously approved by the Council.

42. A licensee who holds an itinerant hawker licence may
provide and hawk from a mobile stall that is designed and con-
structed in accordance with specifications previously approved by
the Council.

43. Where the Council gives any approval to a licensee under
by-laws 40 to 42, it shall cause the approval and any conditions
subject to which it is given to be endorsed on the licensee's licence.

44. Neither a licensee nor any other person shall use a stall for
any purpose other than hawking.





45. (1) A licensee shall not erect or use a stall that is not
readily movable from a fixed pitch, unless the stall is one provided
on the pitch by the Council.

(2) A licensee who provides a stall on a fixed pitch shall
remove the stall from the pitch as soon as he ceases to be entitled to
the use of the pitch.

46. A licensee shall not, in erecting a stall on a fixed pitch,
cause or authorize any holes or other damage to be made in or in the
vicinity of the pitch.

47. A licensee shall not-

(a)attach or permit the attaching of one stall to another stall;
or

(b)except in the case of stalls established within Housing
Authority estates with the permission of the Housing
Authority or of stalls provided by the Council, hawk from
a stall which is attached to another stall.

48. Except as provided in by-law 49, a licensee, while using
a fixed pitch, shall ensure that all commodities being hawked by
him or on his behalf, and all equipment or other objects used by
him in connection with hawking, are placed within the boundaries
of the pitch.

49. (1) Where a licensee who holds a fixed-pitch hawker
licence authorizing him to deal in drink or cooked food is for the
time being allocated a fixed pitch under by-law 33(1), the Council
may, by endorsement on his licence, permit him to place in accor-
dance with this by-law in any area approved by it in the immediate
vicinity of the pitch such number of tables, stools, and chairs as it
specifies in the endorsement.

(2) On giving permission to any such licensee under para-
graph (1) the Council shall attach to the licence-

(a)a scale plan showing the fixed pitch and the area in which
the tables and stools of the hawker are permitted to be
placed; and

(b) a photograph of the pitch and its immediate vicinity.

(3) Every such licensee shall ensure that-

(a) each of the permitted tables-
(i) has a surface area not exceeding 0.4 m';
(ii) is collapsible; and
(iii) is kept within the permitted area; and

(b) each of the permitted stools or chairs is-
(i) collapsible; and
(ii) kept within the permitted area.





(4) The Council may at any time withdraw permission given
under paragraph (1).

50. (1) Every licensee shall at all times maintain the equip-
ment that is used by him in connection with his business in a safe,
clean, and hygienic condition.

(2) Without prejudice to paragraph (1), every licensee shall
clean or paint his stall as often as he may be directed to do so by the
Council or by any officer authorized by the Council for the purpose.

51. (1) Every licensee, whether itinerant or operating from a
fixed pitch, shall provide such number of refuse bins or receptacles
which comply with paragraph (2) as may be necessary to hold the
refuse resulting from the conduct of his business.

(2) Every such bin or receptacle shall be of sound construc-
tion and conform with such requirements and specifications as
the Council may from time to time specify.

(3) Every licensee required to provide bins of receptacle under
this by-law shall ensure that they are at all times maintained in a
good state of repair. The Council, or any officer of the Urban
Services Department authorized by the Council or any police officer,
may require a licensee to replace any such bin or receptacle if it or he
considers that the bin or receptacle is not in a good state of repair;
and the licensee shall comply with the requirement within 24 hours
of being notified of it.

(4) Without prejudice to by-law 39, every licensee, and every
assistant of a licensee, shall deposit any refuse or waste material
emanating from the business of the licensee in a refuse bin or
receptacle required to be provided under paragraph (1).

(5) Every licensee shall ensure that all refuse which is accumu-
lated 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 Urban Services Department.

(6) No licensee or assistant of a licensee shall deposit waste
liquids in any street or other public place.

(7) The Council may for the purpose of this by-law specify the
size, shape, design, and material of refuse bins or receptacles to be
provided by licensees.

52. (1) Without prejudice to by-law 50, every licensee, who is
the holder of a fixed-pitch hawker licence authorizing him to deal in
drink or cooked food shall ensure that-

(a)any stall or place used by him for the preparation of food
or drink, and all apparatus and utensils used in connection
with his trade, are kept clean and free from deleterious
substances, contamination, and pollution;





(b)any such food or drink is kept in clean and hygienic condition,
either by the use of a glass, plastic, or metal enclosure or by
other means approved by the Council, so that the food or
drink cannot be contaminated by any dust, dirt, insects, or
vermin;

(c)his personal clothing and that of his assistants is kept in a
state of cleanliness;

(d)every water container that is used by him in connection with
his trade is scrubbed out at least once a week with a
disinfectant of a type approved by the Council;

(e)food sold from his pitch is not packed in such a manner as to
allow it to come into contact with any paper that is not clean.

(2) No such licensee shall provide for drinking, or for use in
cooking or washing or for any purpose pertaining to his business

(a)any water other than water from a tap connected to a
Government water main; or

(b)any water from a tap or other source within a public or private
convenience or lavatory.

53. Every licensee shall ensure that no stall or other equipment
used by him in the course of his trade is erected or placed in such a
manner as to obstruct or interfere with the free flow of vehicular traffic
or the free movement of pedestrians.

54. (1) No licensee shall install or connect any electrical appliances,
electrical wiring, or other electrical equipment for the purposes of his
trade unless he has previously obtained in writing the approval of the
Council.

(2) Every licensee shall ensure that any appliance, wiring, or
equipment for which he has obtained approval under paragraph (1) does
not constitute a danger or hazard to any person or property.

PART V

MISCELLANEOUS PROVISIONS

55. (1) Every licensee shall comply with-

(a) the conditions of his licence;

(b)any conditions notified to him of which he has notice under
by-law 3 1; and

(c)any condition subject to which the Council grants to him any
approval under these by-laws.

(2) Every licensee shall ensure that no assistant employed by him in
connection with his business contravenes any such condition.





56. (1) [Deleted, L.N. 1431871

(2) Any licensee who contravenes any of the provisions of
by-laws (1), 15(1), 15(3), 16, 22 to 24, 25(2), 28(3), 28(4),
30(1), 32, 33(3), 34(1), 34(4), 37 to 39, 45 to 48, 49(3), 51(1), 51(3),
51(5), 52, 54 and 55 is guilty of an offence, and is liable on conviction
to a fine of $1,500 and, in the case of a continuing offence, is liable
to a further fine of $50 for each day during which the offence has
continued.

(2A) Any licensee who contravenes by-law 53 is guilty of an
offence and is liable on conviction to a fine of $2,500 and to
imprisonment for 1 month and, in case of a continuing offence, to a
further daily fine of $50.

(3) Any licensee, or any assistant employed by a licensee, who
contravenes by-law 51 (4) or (6) is guilty of an offence, and is liable on
conviction 3 . to a fine of $1,500.

(4) Any person, being a former licensee or the personal
representative of a deceased licensee, who fails to comply with by-law
20 is guilty of an ofrence, and is liable on conviction to a fine of $500.

(5) Any person (whether a licensee or otherwise) who contravenes
any of the provisions of by-laws 14, 15(2), 29, 36, and 44 is guilty of an
offence, and is liable on conviction to a fine of $1,500 and, in the case of
a continuing offence, to a further fine of $50 for each day during which
the offence has continued.

(6) Any person who acts as the deputy of a licensee when he knew
or ought to have known that the licensee had not obtained permission
from the Council for him to act in that capacity is guilty' of an offence,
and is liable on conviction to a fine of $2,500 and, in the case of a
continuing offence, to a further fine of S 150 for each day during which
the offence has continued.

(7) Any person (whether a licensee or otherwise) who, for the
purpose of obtaining any licence, permission, or approval under these
by-laws, either for himself or any other person, makes any
representation, whether oral or written, to the Council or any employee
or agent of the Council being a representation which he knows to be
false as to a material particular is guilty of an offence, and is liable on
conviction to a fine of $5,000 and to imprisonment for 6 months.

(8) Where a particular degree of fault is not specified in respect of
an element of an offence against these by-laws, that offence
nevertheless requires negligence in the defendant as to that element. In
any such case negligence may be treated as established in the absence
of proof to the contrary. Where the fault proved by the evidence is of a
higher degree than negligence, negligence shall be taken as established.

(9) For the purposes of paragraph (8) a person is negligent if he
fails to exercise such care. skill, or foresight as a reasonable man in his
situation would exercise.





57. Where a licensee is convicted of an offence against these by-
laws, after having been previously convicted of a similar offence or any
other offence against these by-laws (whether in his capacity as a
licensee or otherwise), the magistrate convicting him may, in addition to
or instead of imposing a penalty authorized by by-law 56, recommend to
the Council that the licence of the licensee be cancelled or suspended
under section 125 of the Ordinance.

58. The offences specifically designated for the purposes of the
application of section 86A(1)(a) of the Ordinance are those involving a
contravention of section 83B(3) of the Ordinance and by-laws 5, 22, 36,
and 48.

SCHEDULE

FEES

PART I [by-laws 7, 11, 17 and
21.]
FEES FOR THE ISSUE AN RENEWAL OF LICENCES

1 ................Fixed-pitch hawker licence . $1,000 per year

2....................Itinerant hawker licences-
(a) Mobile van .............................. $19,000 per year
(b) Frozen confectionery ........................... $1,000 per year
(e) Tradesman .....J .......$1,000 per year
(d) Other classes ....................... $500 per year

3.....................Temporary licence ................. $230 or if it
............................permits the holder
............................to hawk from a
............................fixed pitch l/ 12 of
............................the appropriate
............................annual licence fee
............................and pitch fee per
............................month or part of
............................a month.

4.......................Deputy's permit ....... ..... half of the fee of his
............................principal's licence
5.......................Duplicate licence or permit ..... $135

PART II [by-law 28.]

Fee for the use of a fixed pitch on which a meter is

erected ....................... ......... ..................................
50c. for each period of
........................4 hours.





PA PART III [by-law 33.]

FEES FOR THE ALLOCATION OF FIXED
PITCHES

1...................Bootblack ......................... $300 per year
2...................Cooked food or light refreshment ......................... $18,000 per year
3...................Newspaper ........................ $1,200 per year
4...................Tradesman ........................ $1,600 per year

5...............Barber .................. ......................
$300 per year

6. Wall stall-
(a) not exceeding 1.1 square metres ...................... $300 per year
(b) exceeding 1. 1 square metres ...................... $3,350 per year

7. Other classes---

(a) not exceeding 1. 1 square elres ..................... $1,600 per year

(b) exceeding 1.1 square metres but .t exceeding 1.7

square metres ... ........................... 52,400 per year

(e) exceeding 1.7 square metres but not exceeding 2.2

square metres ...................... $3,200 per year
L.N. 202/72. L.N. 244/72. L.N. 3/73. L.N. 73/73. 23 of 1973. L.N. 35/74. L.N. 71/75. L.N. 278/75. L.N. 41/77. L.N. 229/77. L.N. 275/77. L.N. 132/78. L.N. 89/79. 77 of 1979. L.N. 317/79. L.N. 338/80. L.N. 400/81. L.N. 435/82. 10 of 1986. L.N. 76/87. L.N. 143/87. L.N. 296/87. Citation. 10 of 1986, s. 32(2). Interpretation. L.N. 73/73. 23 of 1973, s. 36. Application. 10 of 1987, s. 32(2). (Cap. 374, sub. leg.) Hawker permitted places. L.N. 71/75. L.N. 3/73. L.N. 71/75. Hawkers to be licensed. Restrictions on issue of licensed. Applications for licences. Schedule, Part I. L.N. 73/73. Issue of fixed-pitch hawker licences. L.N. 73/73. Itinerant hawker licences. L.N. 35/74. Temporary licences. Deputies. Schedule, Part I. Assistants. L.N. 143/87. Licences not transferable or transmissible. Licences not to be altered or defaced. Possession of licences. Licensees to produce licences for inspection on demand. 23 of 1973, s. 36. Issue of duplicate licences. Schedule, Part I. Duration of licences. Cancellation of licenees, etc. Licence to be surrendered on termination. L.N. 73/73. Renewal of licences. L.N. 3/73. Schedule, Part I. Restrictions on areas in which licensee may hawk. L.N. 73/73. Council to be notified of change of particulars. Council may require production of licence for amendment. Register of Licence to be kept. Delineation of fixed pitches. L.N. 73/73. Meters. Schedule, Part II. Interference with meters. Use of metered pitches. Control of use of fixed pitches. Temporary closure of pitches. Allocation of fixed pitches. Schedule, Part III. Schedule, Part III. Council may require allocated pitch to be vacated either permanently or temporarily. 23 of 1973, s. 36. Cancellation of allocation at request of licensee. Pitches to be used only by holders of fixed pitch licences. L.N. 73/73. Use of pitches. Fixed pitch licensees to be present on pitches at all reasonable times. Fixed pitches to be kept in safe and clean condition. Stalls for holders of fixed-pitch and temporary hawker licensee. Erection of wall stalls permitted in certain cases. Stalls for holders of itinerant hawker licences. Approval to be endorsed on licence. Stalls to be used only for hawking. Removal of stalls from pitches. Licensee not to damage pitch. Stalls not to be joined. 23 of 1973, s. 36. Licensees not to place commodities and equipment outside pitches. Use of tables and stools by holder of fixed-pitch hawker licences authorized to deal in drink or cooked food. L.N. 89/79. Equipment to be maintained in safe and clean condition. Refuse bins to be provided. Special provisions relating to equipment to be provided by licensees dealing in drink or cooked food. Licensee not to cause obstruction. Electrical equipment not to be installed without approval of Council. Licensee to comply with conditions of licence. Offences and penalties. L.N. 296/87. L.N. 296/87. Magistrate may recommend cancellation or suspension of licence. Forfeiture of equipment. L.N. 275/77.L.N. 76/87. L.N. 76/87.

Abstract

L.N. 202/72. L.N. 244/72. L.N. 3/73. L.N. 73/73. 23 of 1973. L.N. 35/74. L.N. 71/75. L.N. 278/75. L.N. 41/77. L.N. 229/77. L.N. 275/77. L.N. 132/78. L.N. 89/79. 77 of 1979. L.N. 317/79. L.N. 338/80. L.N. 400/81. L.N. 435/82. 10 of 1986. L.N. 76/87. L.N. 143/87. L.N. 296/87. Citation. 10 of 1986, s. 32(2). Interpretation. L.N. 73/73. 23 of 1973, s. 36. Application. 10 of 1987, s. 32(2). (Cap. 374, sub. leg.) Hawker permitted places. L.N. 71/75. L.N. 3/73. L.N. 71/75. Hawkers to be licensed. Restrictions on issue of licensed. Applications for licences. Schedule, Part I. L.N. 73/73. Issue of fixed-pitch hawker licences. L.N. 73/73. Itinerant hawker licences. L.N. 35/74. Temporary licences. Deputies. Schedule, Part I. Assistants. L.N. 143/87. Licences not transferable or transmissible. Licences not to be altered or defaced. Possession of licences. Licensees to produce licences for inspection on demand. 23 of 1973, s. 36. Issue of duplicate licences. Schedule, Part I. Duration of licences. Cancellation of licenees, etc. Licence to be surrendered on termination. L.N. 73/73. Renewal of licences. L.N. 3/73. Schedule, Part I. Restrictions on areas in which licensee may hawk. L.N. 73/73. Council to be notified of change of particulars. Council may require production of licence for amendment. Register of Licence to be kept. Delineation of fixed pitches. L.N. 73/73. Meters. Schedule, Part II. Interference with meters. Use of metered pitches. Control of use of fixed pitches. Temporary closure of pitches. Allocation of fixed pitches. Schedule, Part III. Schedule, Part III. Council may require allocated pitch to be vacated either permanently or temporarily. 23 of 1973, s. 36. Cancellation of allocation at request of licensee. Pitches to be used only by holders of fixed pitch licences. L.N. 73/73. Use of pitches. Fixed pitch licensees to be present on pitches at all reasonable times. Fixed pitches to be kept in safe and clean condition. Stalls for holders of fixed-pitch and temporary hawker licensee. Erection of wall stalls permitted in certain cases. Stalls for holders of itinerant hawker licences. Approval to be endorsed on licence. Stalls to be used only for hawking. Removal of stalls from pitches. Licensee not to damage pitch. Stalls not to be joined. 23 of 1973, s. 36. Licensees not to place commodities and equipment outside pitches. Use of tables and stools by holder of fixed-pitch hawker licences authorized to deal in drink or cooked food. L.N. 89/79. Equipment to be maintained in safe and clean condition. Refuse bins to be provided. Special provisions relating to equipment to be provided by licensees dealing in drink or cooked food. Licensee not to cause obstruction. Electrical equipment not to be installed without approval of Council. Licensee to comply with conditions of licence. Offences and penalties. L.N. 296/87. L.N. 296/87. Magistrate may recommend cancellation or suspension of licence. Forfeiture of equipment. L.N. 275/77.L.N. 76/87. L.N. 76/87.

Identifier

https://oelawhk.lib.hku.hk/items/show/2596

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

20
]]>
Tue, 23 Aug 2011 18:09:00 +0800
<![CDATA[HAWKER (REGIONAL COUNCIL) BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/2595

Title

HAWKER (REGIONAL COUNCIL) BY-LAWS

Description







HAWKER (REGIONAL COUNCIL) BY-LAWS

ARRANGEMENT OF BY-LAWS


By-law .................................Page


1 Citation ................................ ... ... ... ... ... ... ... ... AH 3

2. Application ................. ... ... ... ... ... ... ... ... ... ... AH 3

3. Interpretation.......................... ... .. ... ... ... ... ... ...
AH 3

4. Restriction on hawking.................. ... ... ... ... ... ... ... ... AH4

5. Restriction of hawking in special areas ... ... ... ... ... ... ... ... AH 4

6. Regulation of hawking by means of mobile vans ... ... ... ... ... ... ... AH 4

7. Licences and pitches ...................... ... ... ... ... ... ... ... AH 4

8. Particulars to be supplied on application for annual licence ... ... ... ... AH 5

8A. Pitches and wall stalls to be used only by holders of fixed pitch licences ... ... AH 6

8B. Pitch licensees to be present on pitches at all reasonable times ... ... ... ... AH 6

9. Special provisions as to licences to hawk by means of mobile van for sale of food AH 6

10. Temporary licences ........................... ... ... ... ... ... AH 7

11. Pitch cards ............................... ... ... ... ... ... ... ... AH 7

12. Loss of licence or pitch card ............. ... ... ... ... ... ... ... AH 7

13. Termination of licence in certain cases ... ... ... ... ... ... ... ... AH 7

13A. Licence to be surrendered on termination or expiration ... ... ... ... ... ... AH 7

14. Stall, licences and pitch cards not to be sublet or transferred ... ... ... ... AH 8

15. Appointment of hawkers' deputies ............. ... ... ... ... ... ... AH 8
16. Employment of servants or agents ............. ... ... ... ... ... ... AH 8

17. Obstruction ............................... ... ... ... ... ... ... ... AH 8

18. Alteration, defacement, etc., of licence .. 1 ... ... ... ... ... ... AH 8

19. Production of licence .................. ... ... ... ... ... ... ... ... AH 8

20. Equipment to be maintained in safe and clean condition ... ... ... ... ... AH 9

20A. Special provisions relating to equipment to be provided by licensees dealing in
drink or cooked food ... ... ... ... ... ... ... ... ... ... ... ... AH 9

20B. Refuse bins to be provided ... ... ... ... ... ... ... ... ... ... ... ... AH 9

21. Removal at night, etc . ... ... ... ... ... ... ... ... ... ... ... ... ... AH 10

22. Display of pitch card ... ... ... ... ... ... ... ... ... ... ... ... ... AH 10

23. Requirements as to stalls ... ... ... ... ... ... ... ... ... ... ... ... AH 10







24. Size of stalls ... .. ... ... ... ...... ... ... ... ... ... ... AH 11

25. Hours of business ... ... ... ... ... ... ... ... ... ... ... ... ... ... AH 11

26. No paraphernalia to be placed outside the boundaries of marked pitches ... AH 11

27. Stalls to be used only for hawking... ... ... ... ... ... ... . ... ... ... AH 11

28. Removal of equipment to facilitate scavenging ... ... ... ... ... ... ... ... AH 11

29. Wholesome water to be used at cooked food stalls ... ... ... ... ... ... ... AH 11





By-law Page
30. Intoxicating liquor not allowed at hawker stalls ... ... ... ... ... ... ... AH 12
31. Hawker bazaars ... ... ... ... ... ... ... ... ... ... ... ... ... ... AH 12
32. Offences and penalties ... ... ... ... ... ... ... ... ... ... ... ... ... AH 12
33. Name in which proceedings for offences may be brought ... ... ... ... ... AH 13
34. Forfeiture of equipment... ... ... ... ... ... ... ... ... ... ... ... AH 13

First Schedule. Requirement as to stalls . 1 . ... ... ... ... ... ... ... ... ... AH 13
Second Schedule. [Deleted] ... ... ... ... ... ... ... ... ... ... ... ... ... ... AH 17
Third Schedule. Fees ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... AH 17





HAWKER (REGIONAL COUNCIL) BY-LAWS

(Cap. 132, section 83A)

[1 July 1963.]

1. These by-laws may be cited as the Hawker (Regional Council)
By-laws.

2. (1) These by-laws apply to the Regional Council area only.

(2) These by-laws shall not apply to a hawker who is-

(a)carrying on business as a car cleaner and who is licensed by
the Commissioner for Transport under regulation 24 of the
Road Traffic (Parking) Regulations; or

(b)hawking on enclosed land held on lease or permit from the
Crown.

3. In these by-laws, unless the context otherwise requires-

'Council' means the Regional Council;

'deputy' means any person appointed by a hawker under by-law 15 to
deputize for him, and the word 'hawker' includes any such
person;

'hawker bazaar' means an area of ground demarcated by the Council
and allocated by it for the use of hawkers;

'licence' means a licence granted under by-law 7;

'market area' means the area declared by the Council under section
79(2) of the Ordinance to be the area served by a market;

'open food' means

(a) uncooked perishable food; and

(b) food that is not contained in a container of such materials,
and so closed, as to exclude all risk of contamination,

but does not include raw vegetables and uncut fruit or any food
that has to be subjected to a process of milling, refining or cooking
(other than food specified in paragraph (a) and food in the course
of preparation) for the purpose of rendering it fit for human
consumption;

'pitch' means an area of ground allotted by the Council to a hawker for
the purpose of carrying on his trade thereon;

'Secretary' means the Secretary of the Regional Council;





'wall stall' means a stall, from which goods are sold, that is erected
on or against any external part of a structure and faces onto a
street, lane, alley or footpath.

4. (1) Subject to paragraph (2) no person shall hawk in the
Regional Council area except under and in accordance with a
licence.

(2) Notwithstanding paragraph (1)-

(a)a person may hawk without a licence if he hawks in a
place or area, whether a hawker bazaar or otherwise, set
aside by the Council by notice in the Gazette as being a
place or area where a person may hawk without a licence
during the period the place or area is so set aside;

(b)a person whose licence under paragraph (1) has expired
may continue to hawk for a period of 2 months after the
date of the licence's expiry, but shall do so subject to the
terms and conditions contained in the expired licence as if
the licence were still valid.

5. The Council may, by notification published in the Gazette,
prescribe any place or area, other than a hawker bazaar, within
which no hawker may hawk unless his licence is endorsed by the
Council with permission to hawk therein.

6. (1) (a) The Council may, with the concurrence of the
Commissioner of Police, prescribe area in which hawking by means
of mobile vans may be carried on.

(b)A notice of any area so prescribed shall be published in the
Gazette.

(2) Any area so prescribed shall be delineated on a map, which
shall be signed by the Secretary.

(3) Save within an area prescribed under paragraph (1), no
person shall hawk by means of a mobile van.

7. (1) The Council may for the purposes of hawking, grant
licences and allocate pitches or wall stalls of the class and descrip-
tion in the first column of the Third Schedule upon payment of the
fee prescribed opposite thereto in the second column of the Third
Schedule.

(2) A licence may be granted or renewed and a pitch or wall
stall may be allocated or reallocated for a period not exceeding 1
year.

(3) Where a licence is granted or renewed or a wall stall is
allocated or reallocated for a period less than 1 year, the fee for such
grant or renewal of the licence or allocation or reallocation of the





wall stall shall, subject to paragraph (6), be calculated by multiply-
ing one-twelfth of the appropriate annual fee specified in the Third
Schedule by the number of months for which the licence is granted
or renewed or the wall stall is allocated or reallocated as the case
may be.

(4) The Council may appoint such days of the year as it thinks
fit in respect of each Regional Services Department District Office as
being the days of the year upon which the period of the grant of a
licence or the allocation of a pitch or wall stall, as the case may be,
shall expire.

(5) Where, with the consent of the Council a licensee, other
than an itinerant hawker licensee, transfers his place of business
from one District to another, the licence may upon its expiry be
renewed upon payment of a fee calculated at the rate of one-twelfth
per month of the appropriate annual fee specified in the Third
Schedule for such period as will bring the renewal date of such
licence into conformity with the appropriate renewal date for
licences granted at the District Office for the District to which such
licence was transferred.

(6) Where a licence is granted or a pitch or wall stall is
allocated in the second half of any year of licence or allocation as the
case may be, the fee payable in respect of the grant shall be one-half
of the fee specified in the Third Schedule for the class of licence or
pitch or wall stall.

8. (1) Any person applying for a licence or for the allocation
of a pitch or wall stall shall give to the Council the following
particulars-

(a) his name and any aliases;

(b) the number of his identity card;

(c) his residential address;

(d)the address to which correspondence intended for him
should be directed by post, if other than his residential
address;

(e)the name and aliases (if any), and such other particulars of
identification as the Council may require, of every person
whom the hawker intends to employ in, or to assist him in
the carrying on of, his business as a hawker; and

(f)any other particulars that the Council may require,
together with such number of photographs of himself as
the Council may require, not exceeding 4.

(2) A licensee or a person allocated a pitch or wall stall shall
notify the Council of any change in the particulars supplied by him
to the Council within 7 days of any such change.





8A. (1) No person (whether a licensee or otherwise) shall use
a fixed pitch or a wall stall unless he is the holder of a fixed pitch
hawker licence.

(2) A licensee who holds a fixed pitch hawker licence shall not
hawk from any place other than that to which his licence relates.

8B. During any period when the business of a licensee to
whom a fixed pitch or wall stall has been allocated under by-law 7 is
being carried on at such fixed pitch or wall stall, that licensee shall be
personally present at the fixed pitch or wall stall, as the case may be,
and conduct or superintend the carrying on of such business:

Provided that a licensee who is not so present at any time
during such period shall not be deemed to contravene this by-law if
he is unable to be so present owing to some reasonable cause.

9. (1) An application for a licence to operate a mobile van
for the sale of food shall be accompanied by 3 copies of a plan of
the mobile van setting out, to the satisfaction of the Council, the
following particulars-

(a) space allocated to the storage of water;

(b)space allocated to the cooking, preparation and handling
of open food;

(c) space allocated to the storage of any kind of open food;

(d) space allocated to the serving of customers;

(e)space allocated to the cleansing, drying or storage for
ready use of utensils;

sanitary fitments, if any, and drainage arrangements;

(g) all windows or ducts providing ventilation; and

(h)the siting of food manufacturing or preparation plant,
sterilizers, cooking stoves, refrigeration or other cooling
equipment, wash hand basins or sinks, drying racks, water
tanks and any other fixtures or like equipment.

(2) Every such application shall also be accompanied by
particulars of the following matters-

(a)the type of utensil in which water is to be stored and the
source of the water;

(b)the type of fuel to be used in any stoves or other like
equipment;

(c) the method for the storage and disposal of refuse; and

(d)the finish of the surface of the walls of the mobile van and
of the floor thereof and fixtures therein.





(3) Every copy of such plan, or any modification thereof, that
is approved by the Council shall be endorsed to that effect, and 1
copy shall be returned to the applicant and the remaining 2 copies
shall be retained by the Council.

(4) Save with the permission in writing of the Council, no
alteration of, or addition to, any mobile van for the sale of food shall
be made that would result in a material deviation from the plan
thereof approved under paragraph (3).

(5) A licence under paragraph (1) shall not be granted or
renewed unless the Council is satisfied that the mobile van to
which the licence relates conforms to the plan approved under para-
graph (3), or in the case of the renewal of any such licence where
an alteration of, or addition to, the mobile van to which the licence
relates has been made, unless the Council is satisfied that the same
has been made in accordance with paragraph (4).

10. The Council may upon payment of the fee specified in the
Third Schedule grant a temporary licence to any person, authorizing
him to hawk in any particular place or area not being a place or area
in respect of which a licence is concurrently held by any other person
for any period not exceeding 1 month, subject to any conditions the
Council thinks fit to specify in the licence.

11. The Council may without charge of any fee issue to a
licensee a pitch card in respect of any pitch or wall stall allocated to
him for his use.

12. Where a licence or a pitch card has been lost, destroyed or
defaced, the Council shall issue a duplicate of such licence or pitch
card as the case may be, upon payment of the fee specified in the
Third Schedule.

13. (1) A licence shall be terminated by the death of the
hawker to whom it was issued.

(2) Where a licence is cancelled or otherwise terminated,
otherwise than by reason of the misconduct of the hawker to whom
it was issued, the Council may in its discretion refund to such
hawker or to his legal personal representative a sum equivalent to
that proportion of the fee paid in respect of the licence that the
period for which the licence would otherwise have remained in force
bears to the period for which the licence was granted:

Provided that the period for which the licence would otherwise
have remained in force shall be reckoned in months and calculated
to the nearest month and such refund shall be reckoned in dollars
calculated to the nearest dollar.

13A. (1) Where, after the commencement* of the Hawker
(New Territories) (Amendment) Regulations 1982, a licence is
cancelled or terminated for any reason other than the death of the
licensee, the holder of the licence shall surrender it to the Council not
later than 30 days after the cancellation or termination.





(2) Where, after the commencement of the Hawker (New
Territories) (Amendment) Regulations 1982, a licence expires, the
holder shall surrender it to the Council not later than 60 days after
the expiration.

14. Save with the consent in writing of the Council, no hawker
shall sublet, transfer or lend any stall or transfer his licence or pitch
card (if any) to any other person.

15. (1) Subject to the consent of the Council and upon
payment of the fee specified in the Third Schedule, a hawker may
appoint a deputy for all or any purposes under these by-laws for
such period, not exceeding 6 months, as the Council considers
reasonable having regard to the circumstances.

(2) Upon an application for consent under paragraph (1), the
hawker shall provide the Council with such particulars relating to
the proposed deputy as the Council may require and shall also
provide the Council with such number of photographs of the deputy
as the Council requires, not exceeding 4.

(3) Upon the giving of such consent the Council shall endorse
the licence of the applicant with such particulars of the deputy as
may be necessary for his identification, and shall append thereto 1
copy of a photograph of the deputy.

16. No hawker shall, for the purpose of hawking, employ or be
assisted by any person except a person whose name is endorsed by
the Council upon his licence.

17. No hawker and no assistant shall behave in a manner
importunate towards, or calculated to obstruct, disturb or annoy,
any person.

18. No person shall alter, deface or make any erasure on a
licence or pitch card, and no person shall use, or have in his
possession with a view to using, a licence on which an erasure has
been made or that has been altered or defaced in any way, unless
such alteration, defacement or erasure has been authorized by the
Council:

Provided that nothing in this by-law shall be construed to
prevent the use by a hawker of a licence that has been damaged or
defaced by accident.

19. Every licensee who is for the time being engaged in
hawking shall, on being required to do so by-

(a)any officer of the Regional Services Department who holds
a rank not below that of foreman;

(b) any police officer; or





(c)in the case of a licensee hawking within a Housing Author-
ity estate, an officer of the Housing Department who holds
a rank not below that of Housing Assistant,

produce his licence to that person for inspection.

20. (1) Every licensee shall at all times maintain the equip-
ment that is used by him in connexion with his business in a safe,
clean and hygienic condition.

(2) Without prejudice to paragraph (1), every licensee shall
clean or paint his stall whenever required to do so by any officer
authorized by the Council for the purpose.

20A. Without prejudice to by-law 20, every licensee who is the
holder of a fixed pitch hawker licence authorizing him to deal in
drink or cooked food shall ensure that-

(a)any stall or place used by him for the preparation of
food and drink, and all apparatus and utensils used in
connexion with his trade, are kept clean and free from
deleterious substances, contamination and pollution;

(b)any such food or drink is kept in clean and hygienic
condition, either by the use of a glass, plastic, or metal
enclosure or by other means approved by the Council, so
that the food or drink cannot be contaminated by any
dust, dirt, insects, or vermin;

(c)his personal clothing and that of his assistants is kept in a
state of cleanliness;

(d)every water container that is used by him in connexion
with his trade is scrubbed out at least once a week with a
disinfectant of a type approved by the Council;

(e)food sold from his pitch is not packed in such a manner as
to allow it to come into contact with any paper that is not
clean.

20B. (1) Every licensee, whether itinerant or operating from
a fixed pitch, shall provide such number of refuse bins or receptacles
which comply with paragraph (2) as may be necessary to hold the
refuse resulting from the conduct of his business.

(2) Every such bin or receptacle shall be of sound construc-
tion and conform with such requirements and specifications as the
Council may from time to time specify.

(3) Every licensee required to provide bins or receptacles
under this by-law shall ensure that they are at all times maintained in
a good state of repair.





(4) Any officer of the Regional Services Department authorized for
the purpose by the Council or any police officer may require a licensee
to replace any such bin or receptacle required to be provided under this
by-law if he considers that the bin or receptacle is not in a good state of
repair; and the licensee shall comply with the requirement within 24
hours of being notified of it.

(5) Every licensee, and every assistant of a licensee, shall deposit
any refuse or waste material emanating from the business of the licensee
in a refuse bin or receptacle required to be provided under paragraph
(1).

(6) Every licensee shall 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
Regional Services Department.

(7) No licensee or assistant of a licensee shall deposit waste
liquids in any street or other public place.

(8) The Council may for the purpose of this by-law specify the size,
shape, design, and material of refuse bins of receptacles to be provided
by licensees.

21. (1) Every hawker shall, at the close of trade each day, and in
any case not later than 10 p.m., remove from his place of trade all wares,
utensils, showboards and other equipment:

Provided that this paragraph shall not apply to

(a) a cooked food stall; or

(b) the structure of a fixed pitch stall.

(2)(a) The Council may, by notice in writing served on any
hawker, require the hawker to remove his stall to such place as
may be specified in the notice within such period as may be
specified therein.

(b)A notice under sub-paragraph (a) may require the stall to be
removed to such place during such times as may be specified
therein.

(c)If the hawker on whom a notice is served under subparagraph
(a) fails to comply with any of the requirements thereof, the
Council may remove the stall, or cause it to be removed, to the
place specified in the notice and may recover any expenses
thereby incurred from the hawker.

22. Every licensee who holds a fixed pitch hawker licence shall, at
all times during which he is trading, exhibit in a conspicuous manner at
his place of business his pitch card (if any).

23. Subject to by-law 24 and save as otherwise permitted in writing
by the Council, no hawker shall use any stall or any accessory thereto
or any equipment that does not conform to the requirements set out in
the First Schedule.





24. (1) No hawker shall carry on business from-

(a)a cooked food stall that exceeds 2 100 x 1 200 mm in
horizontal area or 3 000 mm in height; or

(b)subject to sub-paragraph (c), a fixed pitch stall that
exceeds-
(i) where the stall is provided by the hawker and
situated in the open, 1200 x 900 mm in horizontal area,
1800 mm in height at the front and 1 500 mm in height at
the back; or
(ii) where the stall is provided by the Council in a
public market, the limits of the stall so provided; or

(c)a fixed pitch newspaper stall that is not designed and
constructed in accordance with specifications previously
approved by the Council.

(2) Notwithstanding anything contained in paragraph (1), the
Council may, from time to time, prescribe by endorsement on the
licence of any hawker such other dimensions applicable to any
particular stall as the Council considers necessary and, in relation to
such stall, such hawker shall be exempt from paragraph (1) to the
extent to which other dimensions have been so prescribed.

25. Save with the permission of the Council, no hawker of
cooked foods shall carry on business between the hours of 2 a.m.
and 6 a.m., and no other hawker shall carry on business between the
hours of 10 p.m. and 6 a.m.

26. Where any hawker has been allocated for his business a
pitch that is demarcated in visible form by the Council, such hawker
shall not place, or allow to be placed, any wares, utensils, show-
boards or other equipment pertaining to his business outside the
boundaries of the pitch so demarcated.

27. Neither a licensee nor any other person shall use a stall for
any purpose other than hawking.

28. Whenever any scavenging or street cleaning is in progress,
a hawker shall, if so requested by a health officer or health inspector
or any officer of the Regional Services Department holding the post
of overseer or above, remove his stall, wares and all equipment and
paraphernalia whatsoever until the scavenging or street cleaning is
completed.

29. Only wholesome water shall be used, or allowed to be used,
by a hawker at a cooked food stall, and all such water shall be
obtained-

(a) from Government water mains; or

(b)from a source, other than such mains, that has been
approved in writing by the Council.





30. No person shall, at any hawker stall, sell, have in his
possession, or consume, any intoxicating liquor whatsoever.

31. (1) Where the Council has established a hawker bazaar, the
Council may in such manner as it thinks fit

(a) allocate a pitch in the bazaar to any licensed hawker; and

(b)prescribe the commodities that may be sold from any pitch.

(2) [Deleted, L.N. 361182]

(3) Where the commodities that may be sold from a pitch in a
hawker bazaar have been prescribed under paragraph (1), no person
shall hawk any other commodities from that pitch.

32. (1) Any person who-

(a)contravenes any of the provisions of by-law 6(3), 8(2), 8A,
8B, 9(4), 13A, 14, 16, 17, 18, 20(1), 20A, 20B(1), (3), (5), (6) or
(7), 21(1), 22, 23, 24(1), 25, 26, 27, 30 or 31(2) or (3);

(b)without the permission of the Council, hawks in any place or
area prescribed under by-law 5 as a place or area within which
no hawker may hawk without such permission;

(c)knowingly gives to the Council any false information in
relation to any of the particulars required to be given to him
under by-law 8(1);

(d)fails to produce his licence when required to do so under by-
law 19;

(e)fails to comply with any of the requirements of a notice
served by the Council under by-law 21(2)(a);

where, under by-law 24(2), any dimensions applicable to a
particular stall have been endorsed on the licence of a hawker,
carries on business from that stall if the same is not in
accordance with the dimensions so endorsed; or

(g)fails to comply with any requirement made under by-law 20(2),
20B(4) or 28,

shall be guilty of an offence.

(2) In the event of a contravention of by-law 29, the proprietor of
the cooked food stall in respect of which the contravention occurred
shall be guilty of an offence.

(3) Any person who is guilty of an offence under paragraph (1) or
(2) shall be liable to a fine of $500.
.

(4) Any person who contravenes by-law 4(1) shall be guilty of an
affence and shall be liable





(a)on his first conviction for the offence, to a fine of $500 and to
imprisonment for 1 month and, in the, case of a


continuing offence, to a further fine of S' for each day
during which the offence has continued; and

(b) on his sesubsequent conviction for the offence,
to a fine of $2,000 to imprisonment for 6 months and,
in the case of a continuing offence, to a further fine of $25
for each day during which the offence has continued.

33. 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.

34. The offences specifically designated for the purposes of the
application of section 86A(1)(a) of the Ordinance are those involving a
contravention of section 83B of the Ordinance and by-laws 4, 8A, 26
and 32(1)(b).

FIRST SCHEDULE [by-law 23.]

REQUIREMENT AS TO STALLS

1. (1) The following provisions apply in relation to every cooked food stall-

(a) every such stall shall be of the type shown in diagram 1, 11 or III;

(b) the basic structure of the stall shall be as shown in diagram I;

(c)the structure of every such stall shall be such as to be readily movable and
shall be constructed of wood, which shall be covered with aluminium
sheeting or tiles;

(d) there shall be provided at every such stall-

(i) a sufficient number of cupboards, proof against the access of dust
and vermin, for the storage of food and of clean crockery and utensils;

(ii) a sink, having a non-absorbent drip board and provided with a waste

pipe;

(iii) a sterilizer for the sterilization of eating utensils;

(iv) a metal drum for the storage of water, having a capacity of not less
than 90L nor more than 230L and provided with a stand, a close-fitting
lid constructed of metal and a tap for draining the same;

(v) a portable and covered dustbin;

(vi) a slop bucket; and

(vii) 2 wooden benches, of which one shall be riot more than 2 100
mm in length and 300 mm in width and the other not more than 1200
mm in length and 300 mm in width;

(e)all cooking stoves used at any such stall shall be kept within the limits of
the structure of the stall;

every such stove shall be properly insulated with material approved by

the Council;

(g)no fuel, other than kerosene or charcoal or such other fuel as the Council
may from time to time permit, shall be burned in any such stove;





(h) where any such stove is a kerosene pressure stove---

(i) the pressure vessel shall be separate from the burner, shall have a
capacity of not more than 20L, shall be provided with a pressure gauge, a
pressure release valve and a safety valve and shall be kept in a covered
metal bin placed in a readily accessible position at the side of the stall;

(ii) the burner shall be connected to the pressure vessel by copper
piping, which shall be attached to the stall:

Provided that for a distance not exceeding 600 mm from the burner
the piping may, in order to facilitate cleaning, consist of a flexible coil;

(iii) the piping shall be provided with a stop valve at the burner and at
the outlet from the pressure vessel;

(iv) 2 buckets of sand shall be provided; and

(v) no kerosene, other than that for the time being in the pressure
vessel, shall be kept at or near the stall.

(2) Where wooden and aluminium collapsible flaps, as shown in diagram Ill,
are provided for any such stall

(a)the flaps at the front and rear of the stall shall not exceed 2 100 x 1000
nun in area; and

(b) the flaps at the sides of the stall shall not exceed 1200 x 1000 nun in
area.

(3) Any sink or sterilizer provided at any such stall in accordance with sub-
paragraph (1) may be situated within the limits of the structure of the stall or
affixed to the outside of such structure in the manner shown in diagram II or in
any similar position.

(4) Any container that may be provided at any such stall for the storage of
charcoal shall not exceed 450 x 450 mm. in horizontal area or 600 mm in height.

2. Every fixed pitch stall other than a newspaper stall shall consist of a
wooden structure as shown in diagram IV.

3. [Deleted, L.N. 51186]

4. Every box used by a boot-black shall be in the form shown in diagram V.

DIAGRAM 1

COOKED FOOD STALL

450 X 200 mm VENT OPENING

SIGN BOARD
150 mm HINGED SHELVES
PROJECTING FROM
ANY TWO ADJOINING
SIDES

WHEELS CAPABLE OF CARRYING

-100 MINIMUM WEIGHT OF 365 kg

& RENDERING THE STALL
MOBILE ALL TIMES










DIAGRAM II

COOKED FOOD STALL

OODEN BENCH It 200 X 300

WATER DRUM WITH METAL
FITTING COVER, DRAW OFF
TAP & STAND

WOODEN BENCH 2 100 x 300 mm

SINK WITH DRIP BOARD & WASTE
PIPE SLOP BUCK

STERILIZER ER CHARCOAL CONTAINER
(COMPULSORY IF CHAR-
COAL STOVES ARE USED)

KEROSENE CONTAINER IN COVERED
METAL BIN (COMPULSORY KEROSENE
BURNER ARE USED)

DIAGRAM III

COOKED FOOD STALL

FLAPS (OPTIONAL) AL)






DIAGRAM IV

FIXED PITCH STALL

TOP & UNDERSIDE OF LIGHT METAL ROOF TO
BE PAINTED WHITE

WHOLE UNIT EXCEPTING ROOF
TO BE PAINTED GREEN

DIAGRAM V

BOOT-BLACK'S BOX

100

150 rnm





SECOND SCHEDULE

[Deleted, L.N. 3611821

THIRD SCHEDULE [by-laws 7, 10,
12 & 15.] F FEES

PA PART I

FEES FOR THE ISSUE AND RENEWAL OF LICENCES

1 .................Fixed pitch hawker licence ............................... $ 510 per
year
2..................Itinerant hawker licence-
(a) Mobile van ................................. $9,625 per
year
(b) Frozen confectionery ................................ $ 675 per
year
(c) Tradesman .............................. $ 675 per year
(d) Other classes .................................... $ 250 per year
3..................Temporary licence .......................... $ 90
4..................Consent for deputy .......................... one half of the
fee
............................of his principal's
............................licence
5..................Duplicate licence or pitch card ........................ $ 90

PART II

FEES FOR ME ALLOCATION OF PITCHES S AND WALL STALLS

1 .................Cooked food ....... $9,110 per year

2............................Light refreshment 59, 110 per year

3..................Newspaper .................... $ 510 per year
4..................Tradesman ................... $ 510 per year
5..................Barber ..................... $ 170 per year
6..................Bootblack .................. $ 170 per year

7...................Wall stall-
(a) not exceeding 1. 1 m2 ................... $ 275 per year

(b) exceeding 1.1 m2 ....................
$2,660 per year
8........................Other classes-
(a) not exceeding 1. 1 m2 ................ $ 8 10 per
year
(b) exceeding 1.1 m2 but not exceeding 1.7 m2 $1,210 per
year

(c).........................exceeding 1.7 m2 but not exceeding 2.2 M2 . $1,625 per year
L.N. 68/63. L.N. 43/78. L.N. 89/79. L.N. 134/80. L.N. 361/82. L.N. 58/83. L.N. 45/85. L.N. 67/85. L.N. 51/86. 10 of 1986. L.N. 237/86. L.N. 78/63. Citation. 10 of 1986, s. 32(2). (Cap. 374, sub. leg.) Interpretation. 10 of 1986, s. 32(2). L.N. 43/78. Restriction on hawking. L.N. 43/78. 10 of 1986, s. 32(2). Restriction of hawking in special areas. 10 of 1986, s. 32(2). Regulation of hawking by means of mobile vans. 10 of 1986, s. 32(2). Licences and pitches. L.N. 43/78. 10 of 1986, s. 32(2). Third Schedule. 10 of 1986, s. 32(2). L.N. 67/85. 10 of 1986, s. 32(2). Particulars to be supplied on application for annual licence. L.N. 43/78. 10 of 1986, s. 32(2). Pitches and wall stalls to be used only by holders of fixed pitch licences. L.N. 43/78. Pitch licenses to be present on pitches at all reasonable times. L.N. 361/82. 10 of 1986, s. 32(2). Special provisions as to licences to hawk by means of mobile van for sale of food. L.N. 43/78. 10 of 1986, s. 32(2). Temporary licences. L.N. 43/78. 10 of 1986, s. 32(20. Third Schedule. Pitch cards. L.N. 43/78.10 of 1986, s. 32(2). Loss of licence or pitch card. L.N. 43/78. 10 of 1986, s. 32(2).Third Schedule. Termination of licence in certain cases. L.N. 43/78. 10 of 1986, s. 32(2). Licence to be surrendered on termination or expiration. L.N. 361/82. 10 of 1986, s. 32(2). [*8.10.82] Stall, licenses and pitch cards not to be sublet or transferred. 10 of 1986, s. 32(2). Appointment of hawkers' deputies. L.N. 43/78. 10 of 1986, s. 32(2). Third Schedule. Employment of servants or agents. 10 of 1986, s. 32(2). Obstruction. Alteration, defacement, etc. of licence. 10 of 1986, s. 32(2). Production of licence. L.N. 361/82. L.N. 67/85. Equipment to be maintained in safe and clean condition. L.N. 361/82. 10 of 1986, s. 32(2). Special provisions relating to equipment to be provided by licensees dealing in drink or cooked food. L.N. 361/82. 10 of 1986, s. 32(2). Refuse bins to be provided. L.N. 361/82. L.N. 67/85. 10 of 1986, s. 32(2). Removal at night, etc. 10 of 1986, s. 32(2). Display of pitch card. L.N. 361/82. Requirements as to stalls. 10 of 1986, s. 32(2). First Schedule. Size of stalls. L.N. 89/79. L.N. 51/86. 10 of 1986, s. 32(2). Hours of business. 10 of 1986, s. 32(2). No paraphernalia to be placed outside the boundaries of marked pitches. 10 of 1986, s. 32(2). Stalls to be used only for hawking. L.N. 361/82. Removal of equipment to facilitate scavenging. L.N. 67/85. Wholesome water to be used at cooked food stalls. 10 of 1986, s. 32(2). Intoxicating liquor not allowed at hawker stalls. Hawker bazaars. 10 of 1986, s. 32(2). Offences and penalties. L.N. 43/78. L.N. 361/82. 10 of 1986, s. 32(2). Name in which proceedings for offences may be brought. 10 of 1986, s. 32(2). Forfeiture of equipment. L.N. 361/82. 10 of 1986, s. 32(2). L.N. 89/79. L.N. 51/86. 10 of 1986, s. 32(2). Cooked food stalls. Fixed pitch stalls. Boot-black's box. L.N. 237/86.

Abstract

L.N. 68/63. L.N. 43/78. L.N. 89/79. L.N. 134/80. L.N. 361/82. L.N. 58/83. L.N. 45/85. L.N. 67/85. L.N. 51/86. 10 of 1986. L.N. 237/86. L.N. 78/63. Citation. 10 of 1986, s. 32(2). (Cap. 374, sub. leg.) Interpretation. 10 of 1986, s. 32(2). L.N. 43/78. Restriction on hawking. L.N. 43/78. 10 of 1986, s. 32(2). Restriction of hawking in special areas. 10 of 1986, s. 32(2). Regulation of hawking by means of mobile vans. 10 of 1986, s. 32(2). Licences and pitches. L.N. 43/78. 10 of 1986, s. 32(2). Third Schedule. 10 of 1986, s. 32(2). L.N. 67/85. 10 of 1986, s. 32(2). Particulars to be supplied on application for annual licence. L.N. 43/78. 10 of 1986, s. 32(2). Pitches and wall stalls to be used only by holders of fixed pitch licences. L.N. 43/78. Pitch licenses to be present on pitches at all reasonable times. L.N. 361/82. 10 of 1986, s. 32(2). Special provisions as to licences to hawk by means of mobile van for sale of food. L.N. 43/78. 10 of 1986, s. 32(2). Temporary licences. L.N. 43/78. 10 of 1986, s. 32(20. Third Schedule. Pitch cards. L.N. 43/78.10 of 1986, s. 32(2). Loss of licence or pitch card. L.N. 43/78. 10 of 1986, s. 32(2).Third Schedule. Termination of licence in certain cases. L.N. 43/78. 10 of 1986, s. 32(2). Licence to be surrendered on termination or expiration. L.N. 361/82. 10 of 1986, s. 32(2). [*8.10.82] Stall, licenses and pitch cards not to be sublet or transferred. 10 of 1986, s. 32(2). Appointment of hawkers' deputies. L.N. 43/78. 10 of 1986, s. 32(2). Third Schedule. Employment of servants or agents. 10 of 1986, s. 32(2). Obstruction. Alteration, defacement, etc. of licence. 10 of 1986, s. 32(2). Production of licence. L.N. 361/82. L.N. 67/85. Equipment to be maintained in safe and clean condition. L.N. 361/82. 10 of 1986, s. 32(2). Special provisions relating to equipment to be provided by licensees dealing in drink or cooked food. L.N. 361/82. 10 of 1986, s. 32(2). Refuse bins to be provided. L.N. 361/82. L.N. 67/85. 10 of 1986, s. 32(2). Removal at night, etc. 10 of 1986, s. 32(2). Display of pitch card. L.N. 361/82. Requirements as to stalls. 10 of 1986, s. 32(2). First Schedule. Size of stalls. L.N. 89/79. L.N. 51/86. 10 of 1986, s. 32(2). Hours of business. 10 of 1986, s. 32(2). No paraphernalia to be placed outside the boundaries of marked pitches. 10 of 1986, s. 32(2). Stalls to be used only for hawking. L.N. 361/82. Removal of equipment to facilitate scavenging. L.N. 67/85. Wholesome water to be used at cooked food stalls. 10 of 1986, s. 32(2). Intoxicating liquor not allowed at hawker stalls. Hawker bazaars. 10 of 1986, s. 32(2). Offences and penalties. L.N. 43/78. L.N. 361/82. 10 of 1986, s. 32(2). Name in which proceedings for offences may be brought. 10 of 1986, s. 32(2). Forfeiture of equipment. L.N. 361/82. 10 of 1986, s. 32(2). L.N. 89/79. L.N. 51/86. 10 of 1986, s. 32(2). Cooked food stalls. Fixed pitch stalls. Boot-black's box. L.N. 237/86.

Identifier

https://oelawhk.lib.hku.hk/items/show/2595

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

17
]]>
Tue, 23 Aug 2011 18:08:59 +0800
<![CDATA[HAWKER (PERMITTED PLACE) (URBAN COUNCIL) (CONSOLIDATION) DECLARATION]]> https://oelawhk.lib.hku.hk/items/show/2594

Title

HAWKER (PERMITTED PLACE) (URBAN COUNCIL) (CONSOLIDATION) DECLARATION

Description






HAWKER (PERMITTED PLACE) (URBAN COUNCIL)
(CONSOLIDATION) DECLARATION

(Cap. 132, section 83B(4) )

R A

1. This declaration may be cited as the Hawker (Permitted Place)
(Urban Council) (Consolidation) Declaration.

2. The street specified in the first column of the First Schedule is, to
the extent specified opposite thereto in the third column of the First
Schedule, set aside as a place permitted to be used for hawking
purposes.

3. The streets specified in the first column of the Second Schedule
and the exact boundaries of which are demarcated by road markings are,
to the extent specified opposite thereto in the second column (and,
where applicable, in the third column) of the Second Schedule, set aside
as places to be used for hawking purposes.

4. The streets specified in the first column of the Third Schedule
arid the exact boundaries of which are demarcated by road markings are
to the extent specified opposite thereto in the second and third columns the Third Schedule, set aside as places to be
used for Fast Food Vans hawking purposes, subject to the limitation of
operating hours specified in the fourth column of the Third Schedule.

FIRST SCHEDULE

(2) (3)
Name of StreetName in Chinese Extent

1. South Lane it The whole of the street.





SECOND SCHEDULE
HONG KONG

(2)
Name of Street Extent
Tai Wong Street Outside the pavement in front of House Nos. 13, 15, 17, 19 and
East 21 inclusive.
Chan Tung Lane At the rear of House No. 9/9A, Tin Lock Lane.
Connaught Road Pavement at the junction of Pedder Street and Connaught Road
Central Central, immediately opposite to the Swire House and against
the wall supporting the footbridge.
Connaught Road Pavement in front of the Peninsula and Orient Building, No.
14.
Central
Tai Wong Street Outside the pavement in front of Houses No. 1 and No. 3.
East
King's Road The pavement in front of House Nos. 163A-163B.
Cleverly Street The section between Wing Lok Street and Bonham Strand East.
King's Road Pavement against the southern wall of House Nos. 391-393;
pavement against the eastern wall of House Nos. 391-393.
High Street Between Eastern Street and West End Path.
(South side)
Third Street Between Water Street and Pokfulam Road.
(North side)
Water Street Between Des Voeux Road West and Connaught Road West.
(West side)

(1) (2) (3)

Name of Street Extent No. of Pitches
Staunton Street Road space between House No. 60 and 26
(South-west side) House No. 90, Staunton Street
Elgin Street Road space between House No. 1B and 15
(West side) House No. 5, Elgin Street
Pottinger Street Road space between House No. 33 and 26
(West side) House No. 47, Pottinger Street
Wing On Street Road space at the side of House Nos. 14
(East side) 120-128, Des Voeux Road Central
Staveley Street Road space at the side of House No. 146, 1
(East side) Queen's Road Central
Wing Wo Street Road space opposite to House Nos. 1-3 1, 34
(West side) Wing Wo Street
Zetland Street Road space at the side of the rear portion 8
(East side) of House Nos. 16-18, Queen's Road
Central
Peel Street Road space between House No. 4 and 30
(East side) House No. 18, Peel Street and road space
at the side of House No. 25, Gage Street
Peel Street Road space between House No. 13 and 23
(West side) House No. 27, Peel Street and road space
at the side of House Nos. 27-27A, Gage
Street
Peel Street Road space between House No. 18A and 26
(East side) House No. 28, Peel Street and road space
at the side of House No. 55, Hollywood
Road





(1) (2) (3)

Name of Street Extent No. of Pitches
Graham, Street Road space at the side of House Nos. 8
(East side) 124-126, Queen's Road Central and road
space on the section of Graham Street
between Stanley Street and Wellington
Street
Graharn Street Road space at the side of House No. 128, 18
(West side) Queen'sRoad Central and road space
between House No. 1 and House No. 15,
Graham Street
Graham Street Road space at the side of House No. 120, 42
(East side) Wellington Street and road space between
House No. 12 and House No. 26D, Gra-
ham Street
Graham Street Road space at the side of House No. 32
(East side) 14, Gage Street and road space between
House No. 30 and House No. 34, Graham
Street and road space at the side of House
Nos. 45-47, Lyndhurst Terrace
Graham Street Road space between House No. 33 and 21
(West side) House No. 43, Graharn Street and road
space at the side of House Nos. 49-5 1,
Hollywood Road
Burd Street Road space between House No. 10 and 28
(South side) House No. 22, Burd Street
Staveley Street Road space at the side of House Nos. 6
(West side) 148-150, Queen's Road Central
Staveley Street Road space at the side of House No. 146, 1
(East side) Queen's Road Central
Gilman Street Road space at the side of House Nos. 7
(West side) 137-141, Queen's Road Central
Macdonnell Road Road space at the side of a nullah between 6
(West side) House Nos. 48C and 50, Macdonnell Road
Water Street Pavement on the section of Water Street 23
(West side) between Queen's Road West and Des
Voeux Road West

KOWLOON
(2)
Name of Street Extent
northern junction with Kansu Street; and from its southern
junction with Kansu Street to its northern junction with
Nanking Street.
western junction with Battery Street; and from its eastern
junction with Battery Street to its western junction with
Shanghai Street.
Pak Hoi StreetSection from its eastern junction with Shanghai Street to its
western junction with Woo Sung Street.
Ning Po StreetSection from its eastern junction with Shanghai Street to its
western junction with Woo Sung Street.
Temple StreetSection from its southern juction with Kansu Street to its
northern junction with Nanking Street.
its northern junction with Argyle Street; and from its southern
junction with Argyle Street to its northern junction with Shan






Tung Street.





(1) (2)
Name of Street Extent

Cheung Wong Section from a point outside the entrance of House No. 9A
Road southwards to its junction with Tong Mi Road.
junction with Reclamation Street.

Shamchun Street Section from its northern end to its northern junction with
Argyle Street; and from its southern junction with Argyle Street
to its junction with Nam Tau Street.
Nam Tau Street Whole length.
western junction with Reclamation Street.
Tung Choi StreetSections from its southern junction with Argyle Street to its
northern junction with Nelson Street; from its southern
junction with Nelson Street to its northern junction with
Shantung Street, from its southern junction with Shantung
Street to its northern junction . unction with Soy Street; and
from its southern junction with Soy Street to its northern
junction with Dundas Street.

Shun Ning Road Sections from its junction with Wing Hong Street to its western
junction with Cheung Wah Street; from its eastern junction with
Cheung Wah Street to its western junction with Hing Wah
Street; from its eastern junction with Hing Wah Street to its
western junction with Wing Lung Street; from its eastern
junction with Tonkin Street to its western junction with Pratas
Street; and from its eastern junction with Pratas Street to its
western junction with Camp Street; and including the area of
nullah decking at its junction with Hing Wah Street.
Cheung Fat Street Section from its northern junction with Castle Peak Road to its
southern junction with Po On Road.
Fat Tseung Street Section from its northern junction with Castle Peak Road to its
junction with Shun Ning Road.
Wing Lung Street Section from its northern junction with Castle Peak Road to its
southern junction with Po On Road.
Hing Wah Street Section of pavement on its southern side from its northern
junction with Shun Ning Road to its southern junction with Po
On Road.
Kam Wing Street Whole length.
Yan Oi Street Section from its southern junction with Foo Yuen Street to a
point outside the entrance of House No. 52.
Shung Ling Street Section of pavement on its western side from its northern
junction with Foo Yuen Street to its southern junction with
Kam Wing Street.
No. 96B.

Waterloo Road Pavement outside House No. 77C.

Argyle Street In front of House Nos. 39-41.

Lai Chi Kok Road At the side of House No. 295.
Playground at junction of Lok Shan Road and Pau Chung Street.

Minden Row Pavement in front of House Nos. 3-4.

Prince Edward In front of House Nos. 150-152.






Road

Prince Edward At side of House Nos. 150-152 (Junction of Fa Yuen Street.)
Road
Sai Yeung Choi In front of House No. 79.
Street





(1) (2)

Name of Street Extent
Sai Yeung Choi In front of House No. 82.
Street

Portland Street In front of House Nos. 245-249.
Nathan Road In front of House Nos. 746-748A.
Nathan Road In front of House No. 66.
Nathan Road In front of House No. 26.
Nathan Road In front of House No. 172.
Jordan Road At side of House No. 252.
Bowring Street In front of House No. 6.
Nathan Road In front of House Nos. 233-239.
Nathan Road In front of House Nos. 320-322.
Saigon Street At side of House No. 342A, Nathan Road.
Nathan Road In front of House No. 373.
Nathan Road In front of House No. 546.
Nathan Road In front of House No. 580.
Bulkeley Street Pavement in front of House No. 2B/2C.
Cooke Street Outside House No. 37 Gillies Avenue.
Cheung Ning Outside House No. 2 and near junction of Lok Shan Road.
Street
Chi Kiang Street Outside Lok Man Housing Estate and near Lamp Post 1353.
To Kwa Wan Part of the pavement outside House No. 237A.
Road
Bedford Road Part of the pavement in front of House No. 33.
Waterloo Road Part of the pavement in front of House Nos. 65A and 65B.
Woosung Street In front of House No. 88 to No. 98.
Tam Kung Road Part of the pavement in front of House Nos. 65-67.
Choi Hung Road Part of the pavement in front of House No. 192.
Lion Rock Road Part of the pavement in front of House Nos. 1 to 7.
Un Chau Street Part of the pavement in front of House No. 408 and 406.
Tam Kung Road Part of pavement in front of House Nos. 65 and 67.
Jordan Road Portion of pavement in front of House Nos. 31-33 (for 2
hawker permitted places).
Hong Ning Road Part of pavement in front of House No. 17.
Waterloo Road Part of the pavement in front of House No. 86A-B
Shek Kip Mei Part of the pavement beside House No. 236, Lai Chi Kok Road.
Street
Ha Heung Road In front of House Nos. 14-50.
Cheung Ning In front of House Nos. 8-52,
Street
Tai Nam Street Both sides of the section between Nam Cheong Street and Pei
Ho Street.
Apliu Street Both sides of the section between Pei Ho Street and Kweilin
Street.
Fuk Wah Street Both sides of the section between Nam Cheong Street and Pei
Ho Street.





(1) (2)
Name of Street Extent
Yiu Tung StreetIn front of House Nos. 15 and 16.
Kweilin StreetIn front of House Nos. 42 to 46C.
Lee Tat StreetIn front of House Nos. 54-56.
Cheung ShuiIn front of House Nos. 53-55.
Street
Cheung ShuiIn front of House Nos. 59-61.
Street
(1) (2) (3)
Name of Street Extent No. of Pitches
Chun Tin StreetBetween Hok Yuen Street and House No. 2
(West side)1, Chun Tin Street
Wai Wai RoadRoad space at the side of House Nos. 3
(South side)162-166 Wai Wai Road
Ngan Fund Street Road space in front of House Nos.7A-21
weater-
carriageway)
Shai Wo Street Road space in front of House Nos.18-112

NOR 7A-21 26
carriageway)

Whampoa Street Road space in front of House Nos. 23-41 48
Sai Yee Street Between Nelson Street and Shantung Street 11
(East side)

Ma Tau Kok Road Between Pau Chung Street and Hok Ling 216

(North side) Street
Pau Chung Street Between Ma Tau Kok Road and Mok 176
Cheong Street
Cheung Wong Road space in front of House Nos. 11-19 12
Road

Shui Wo Street Read spas@ in front of l House Nos. 18 1.2 -244

(south
carriageway
Shung Yan Street Road
(eastern
carriageway)


Shung *a' Street
Fa Yuen Street Both kerbsides between Mong Kok Road 297
and Nullah Road
Nam Kok Road Kerbside in front of House Nos. 25-73, 68
Nam Kok Road and House Nos. 84A-84B,
Nga Tsin Wai Road. (From 9 August 1986
to 30 June 1988, both dates inclusive).

THIRD SCHEDULE
HONG KONG

(2) (3) (4)
Name of StreetExtent No. of Stall Operating Hours

Tong Bin Lane Junction of Tong Bin 1 11.30 a.m. to
(North side) Lane with the 2.30 p.m.
unnamed access north
of Yip Kan Street
Unnamed pedestrian-The section between IN/ 1 11.30 a.m. to
way between HouseWong Chuk Hang 2.30 p.m.







Nos. 30 and 32 Wong Road and Heung Yip

Chuk Hang Road Road
(East side)
Unnamed street The section adjoining 2 11.30 a.m. to
between Yip Fat House No. 6 Yip Fat 2.30 p.m.
Street and Heung Yip Street
Road (West side)
L.N. 47/74. L.N. 70/75. L.N. 119/76. L.N. 170/76. L.N. 171/76. L.N. 172/76. L.N. 255/76. L.N. 259/76. L.N. 272/76. L.N. 13/77. L.N. 25/77. L.N. 26/77. L.N. 27/77. L.N. 57/77. L.N. 76/77. L.N. 88/77. L.N. 106/77. L.N. 138/77. L.N. 153/77. L.N. 169/77. L.N. 191/77. L.N. 241/77. L.N. 250/77. L.N. 42/78. L.N. 112/78. L.N. 216/78. L.N. 48/79. L.N. 81/79. L.N. 134/79. L.N. 228/79. L.N. 283/79. L.N. 62/80. L.N. 120/80. L.N. 220/80. L.N. 234/81. L.N. 302/81. L.N. 171/82. L.N. 257/82. L.N. 404/82. L.N. 436/82. L.N. 158/83. L.N. 149/84. L.N. 404/84. L.N. 284/85. 10 of 1986. L.N. 193/86. L.N. 89/87. L.N. 340/87. L.N. 394/87. L.N. 422/87. Citation. 10 of 1986, s. 32(2). Hawker permitted places. First Schedule. Hawker permitted places. L.N. 302/81. Second Schedule. Hawker permitted places for Fast Food Vans. Third Schedule. L.N. 149/84. L.N. 47/74. L.N. 172/76. L.N. 13/77. L.N. 26/77. L.N. 27/77. L.N. 57/77. L.N. 106/77. L.N. 138/77. L.N. 250/77. L.N. 228/79. L.N. 283/79. L.N. 62/80. L.N. 120/80. L.N. 220/80. L.N. 394/87. L.N. 70/75. L.N. 119/76. L.N. 170/76. L.N. 171/76. L.N. 171/76. L.N. 255/76. L.N. 259/76. L.N. 272/76. L.N. 25/77. L.N. 76/77. L.N. 88/77. L.N. 153/77. L.N. 169/77. L.N. 191/77. L.N. 191/77. L.N. 241/77. L.N. 42/78. L.N. 112/78. L.N. 216/78. L.N. 48/79. L.N. 81/79. L.N. 134/79. L.N. 234/81. L.N. 302/81. L.N. 171/82. L.N. 257/82. L.N. 404/82. L.N. 436/82. L.N. 158/83. L.N. 404/84. L.N. 281/85. L.N. 193/86. L.N. 89/87. L.N. 340/87. L.N. 422/87. L.N. 149/84.

Abstract

L.N. 47/74. L.N. 70/75. L.N. 119/76. L.N. 170/76. L.N. 171/76. L.N. 172/76. L.N. 255/76. L.N. 259/76. L.N. 272/76. L.N. 13/77. L.N. 25/77. L.N. 26/77. L.N. 27/77. L.N. 57/77. L.N. 76/77. L.N. 88/77. L.N. 106/77. L.N. 138/77. L.N. 153/77. L.N. 169/77. L.N. 191/77. L.N. 241/77. L.N. 250/77. L.N. 42/78. L.N. 112/78. L.N. 216/78. L.N. 48/79. L.N. 81/79. L.N. 134/79. L.N. 228/79. L.N. 283/79. L.N. 62/80. L.N. 120/80. L.N. 220/80. L.N. 234/81. L.N. 302/81. L.N. 171/82. L.N. 257/82. L.N. 404/82. L.N. 436/82. L.N. 158/83. L.N. 149/84. L.N. 404/84. L.N. 284/85. 10 of 1986. L.N. 193/86. L.N. 89/87. L.N. 340/87. L.N. 394/87. L.N. 422/87. Citation. 10 of 1986, s. 32(2). Hawker permitted places. First Schedule. Hawker permitted places. L.N. 302/81. Second Schedule. Hawker permitted places for Fast Food Vans. Third Schedule. L.N. 149/84. L.N. 47/74. L.N. 172/76. L.N. 13/77. L.N. 26/77. L.N. 27/77. L.N. 57/77. L.N. 106/77. L.N. 138/77. L.N. 250/77. L.N. 228/79. L.N. 283/79. L.N. 62/80. L.N. 120/80. L.N. 220/80. L.N. 394/87. L.N. 70/75. L.N. 119/76. L.N. 170/76. L.N. 171/76. L.N. 171/76. L.N. 255/76. L.N. 259/76. L.N. 272/76. L.N. 25/77. L.N. 76/77. L.N. 88/77. L.N. 153/77. L.N. 169/77. L.N. 191/77. L.N. 191/77. L.N. 241/77. L.N. 42/78. L.N. 112/78. L.N. 216/78. L.N. 48/79. L.N. 81/79. L.N. 134/79. L.N. 234/81. L.N. 302/81. L.N. 171/82. L.N. 257/82. L.N. 404/82. L.N. 436/82. L.N. 158/83. L.N. 404/84. L.N. 281/85. L.N. 193/86. L.N. 89/87. L.N. 340/87. L.N. 422/87. L.N. 149/84.

Identifier

https://oelawhk.lib.hku.hk/items/show/2594

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

6
]]>
Tue, 23 Aug 2011 18:08:58 +0800
<![CDATA[HARMFUL SUBSTANCES IN FOOD REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2593

Title

HARMFUL SUBSTANCES IN FOOD REGULATIONS

Description






HARMFUL SUBSTANCES IN FOOD REGULATIONS

(Cap. 132, section 55(1))

[27 May 1983.]

1. (1) These regulations may be cited as the Harmful Substances in
Food Regulations.

(2) Regulation 3 insofar as it applies to item 2 in the First Schedule
came into effect on 1 January 1985.

2. In these regulations, unless the context otherwise requires

'aflatoxin' means the group of bis-furanocoumarin compounds and
includes aflatoxin B1, B2, G, G2, MI, M2, P, and aflatoxicol;

erucic acid' means the fatty acid cis-docos- 1 3-enoic acid;

'Tatty acid' means any carboxylic acid obtained by the hydrolysis of oil
or fat, and includes any such acid existing in a free state in oil or
fat;

'fish' does not include live fish other than shell fish;

'meat'' means the flesh or other edible part of

(a) any animal; or

(b) any bird,

intended for human consumption;

,,oil or fat' means oil or fat derived from any animal, bird, fish or plant
but does not include any essential oil;

'peanut' means groundnut or the seed of Arachis hypogaea L.;

'peanut products' includes oil of peanut or any product containing
peanut as its ingredient;

'sell' includes offer, or expose for sale or have in possession for sale.

3. No person shall import, consign, deliver, manufacture or sell, for
human consumption, any food of a description specified in Column B of
the First Schedule which contains any substance specified opposite
thereto in Column A in greater concentration than is specified opposite
thereto in Column C.

3A. No person shall sell or consign or deliver for sale for human
consumption, any fish, meat or poultry (including live poultry) which
contains any substance specified in the Second Schedule.





4. The Secretary for Municipal Services may, by notice

..cc The Secretary for 61
Me, Services

published in the Gazette, amend the concentrations specified in

Column C of the First Schedule.

5. Any person who contravenes regulation 3 or 3A commits

an offence and is liable to a fine of $25,000 and to imprisonment for 6
months.

6. 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
prosecutions 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; or

(b)where the offence was committed in the Regional Council area,
be brought in the name of the Regional Council.

FIRST SCHEDULE [reg. 3.]

MAXIMUM PERMITTED CONCENTRATION OF CERTAIN SUBSTANCES
PRESENT IN SPECIFIED FOODS

A B C

Maximum permitted
Item Substance Description of food concentration

1. Aflatoxin Any food other than peanut 15 micrograms per
kilogram
or its products. of the food.
Peanuts or peanut products. 20 micrograms per kilogram
of the food.

2. Erucic acid Any food to which oil or fat 5 per centum by weight of

or a mixture thereof has their fatty acid content
of
been added. all the oils and fats in the
food.

Any oil or fat or any mixture 5 per centum by weight of
thereof. their fatty acid content.

SECOND SCHEDULE [reg. 3A.]

PROHIBITED SUBSTANCES

1.Dienoestrol ((E,E)-4,4'-(diethylideneethylene) diphenol) including salts and
esters thereof.

2.Diethylstilboestrol ((E)-ap-diethylstilbene-4,4-diol) including salts and esters
thereof.

3.Hexoestrol (meso-4,4'-(1,2-diethylethylene) diphenol) including salts and
esters thereof.

4.Oestradiol (estra-1,3,5(10)-triene-3,17p-diol) including salts and esters thereof.
L.N. 174/83. L.N. 67/85. 10 of 1986. L.N. 173/86. L.N. 331/87. Citation and commencement. Interpretation. L.N. 67/85. L.N. 173/86. L.N. 331/87. Prohibition of import and sale of food containing certain substances in excessive concentrations. First Schedule. Prohibition of sale of fish, meat and poultry (including live poultry) containing prohibited substances. L.N. 173/86. Second Schedule. Amendment of First Schedule. L.N. 67/85. L.N. 173/86. Offence and penalties. L.N. 173/86. L.N. 331/87. Name in which proceedings may be brought. L.N. 67/85. 10 of 1986, s. 32(2). L.N. 173/86. L.N. 173/86.

Abstract

L.N. 174/83. L.N. 67/85. 10 of 1986. L.N. 173/86. L.N. 331/87. Citation and commencement. Interpretation. L.N. 67/85. L.N. 173/86. L.N. 331/87. Prohibition of import and sale of food containing certain substances in excessive concentrations. First Schedule. Prohibition of sale of fish, meat and poultry (including live poultry) containing prohibited substances. L.N. 173/86. Second Schedule. Amendment of First Schedule. L.N. 67/85. L.N. 173/86. Offence and penalties. L.N. 173/86. L.N. 331/87. Name in which proceedings may be brought. L.N. 67/85. 10 of 1986, s. 32(2). L.N. 173/86. L.N. 173/86.

Identifier

https://oelawhk.lib.hku.hk/items/show/2593

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

2
]]>
Tue, 23 Aug 2011 18:08:58 +0800
<![CDATA[FUNERAL PARLOUR (URBAN COUNCIL) BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/2592

Title

FUNERAL PARLOUR (URBAN COUNCIL) BY-LAWS

Description






FUNERAL PARLOUR (URBAN COUNCIL) BY-LAWS

ARRANGEMENT OF BY-LAWS

By-law Page

1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... AE 2
2. Application ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... AE 2
3. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... AE 2
4. Licensing of funeral parlour businesses ... ... ... ... ... ... ... ... ... AE 3
5. Requirements as to posting of licensees' names, etc. ... ... ... ... ... ... AE 3
6. Posting of notices prohibiting spitting, etc. ... ... ... ... ... ... ... ... AE 3
7. Funeral parlours to comply with certain provisions ... ... ... ... ... ... ... AE 3
8. Embalming, etc . ... ... ... ... ... ... ... ... ... ... ... ... ... ... AE 5
9. Reception and retention of human remains ... ... ... ... ... ... ... ... AE 5
10. Bodies of persons dying while suffering from quarantinable diseases ... ... ... AE 5
11. Use of rubber gloves, etc . ... ... ... ... ... ... ... ... ... ... ... ... AE 5
12. Cleanliness of premises ... ... ... ... ... ... ... ... ... ... ... ... ... AE 5

13. Registers ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... AE 5
14. Offences and penalties ... ... ... ... ... ... ... ... ... ... ... ... ... AE 6
15. Name in which proceedings for offences may be brought ... ... ... ... ... AE 7





7

FUNERAL PARLOUR (URBAN COUNCIL) BY-LAWS

(Cap. 132, section 123)

[23 December 1960.1

1. These by-laws may be cited as the Funeral Parlour (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-

'body' 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,

'burial' includes cremation;

'Council' means the Urban Council;

'funeral parlour' means a mortuary, but does not include

(a)the Tung Wah Hospital Repository situated at Sandy Bay,
Hong Kong;

(b)any place set apart under the provisions of the Coroners
Ordinance for the reception of dead bodies for the purpose of
post mortem examination;

(c)any mortuary situated within the precincts of any hospital or
similar institution which is maintained or controlled by the
Crown or by the University of Hong Kong provided for by the
University of Hong Kong Ordinance;

(d)any mortuary situated within the precincts of any hospital
carried on by a person duly registered in respect thereof under
the Hospitals, Nursing Homes and Maternity Homes
Registration Ordinance;

(e)any mortuary which is designed as a public funeral hall under
section 123A; or

any place set apart for the purpose of washing dead bodies in
accordance with Islamic rites at

(i) the Masjid Ammar & Osman Ramju Sadick Islamic Centre
at 40 Oi Kwan Road, Hong Kong;

(ii) the Muslim Cemetery, Cape Collinson, Hong Kong; or

(iii) the Muslim Cemetery, Happy Valley, Hong Kong, prior
to burial;

'quarantinable disease' has the meaning assigned to it by section 2
of the Quarantine and Prevention of Disease Ordinance.





4. (1) Save under and in accordance with a licence granted by the
Council, no person shall carry on the business of a funeral parlour.

(2)Every such licence shall expire annually on 31 December.

(3) The grant or renewal of any such licence shall be subject to
the payment in advance to the Council of a fee of$15,750

Provided that, where any such licence is granted after 30 June in
any year, the fee payable in respect of the grant of that licence shall be
one-half of the prescribed fee.

5. The licensee of every funeral parlour shall cause his name to be
posted, in English lettering and Chinese characters not less than 100 mm
in height, in a conspicuous place on the outside wall or door of the
premises to which his licence relates.

6. The licensee of every funeral parlour shall cause-

(a)not less than 1 notice, which shall be written in English
lettering and Chinese characters of such size as to be clearly
visible from a distance of 2 in, prohibiting spitting, except into
a spittoon or other receptacle provided for the purpose, to be
posted in every room of the funeral parlour to which members
of the public have access; and

(b)every such room to be provided with a sufficient number of
spittoons or other suitable receptacles to the satisfaction of
the Council.

7. The following provisions shall apply to every funeral parlour

(a)every part of the premises shall be adequately lighted and
ventilated to the satisfaction of the Council, either by natural
means or mechanical means or partly by natural means and
partly by mechanical means;

(b)no part of the premises shall have direct access to any
premises used for domestic purposes or to any premises not
wholly concerned with and used for the purposes of the
funeral parlour; and

(c)not less than 1 room shall be used exclusively for the purpose
of embalming any body or preparing any body for burial,
encoffining or cremation, and every such room shall comply
with the following requirements

(i) a rectangular area of floor space, not less than 3.0 x 4.5
in, shall be provided for each embalming or preparation table
installed in the room;

(ii) the floor shall be surfaced with smooth non-absorbent
material and the junction between the walls and the floor shall
be coved;





(iii) the floor shall be laid with proper falls so that liquid may
drain towards one or more vents in the walls of the room, and
each such vent shall be so constructed as to discharge by
way of a covered surface channel of waste pipe into one or
more trapped gullies situated in the open air and within the
curtilage of the funeral parlour and shall, at all times, be
protected by a removable grating;

(iv) the internal surface of the walls shall be tiled or faced
with smooth impervious material to a height of not less than 2
m;

(v) ventilation of the room in compliance with paragraph (a)
shall be by a separate system of ventilation which has direct
access to the open air and does not connect with or give or
have access to any room in, or the means of ventilation of any
other part of, the premises;

(vi) no window shall open, and no exhaust fan shall
discharge, otherwise than directly into the open air at a height
above ground level of not less than 2 m and so as to ensure
that no nuisance is caused to any neighbouring or adjoining
premises or in any public place;

(vii) every door shall be fitted with a self-closing device
and screened or otherwise rendered fly-proof, and every
window shall be screened or otherwise rendered fly-proof,

(viii) every door opening into any part of the premises to
which the public have access shall be clearly marked on the
outside in English and Chinese

'NO ADMITTANCE

(ix) not less than 1 embalming or preparation table shall be
provided therein;

(x) the surface of every embalming or preparation table shall
be not less than 2 100 x 750 mm, and every such table shall be
so sited in the room as to leave an unobstructed space of not
less than 600 mm on every side thereof,

(xi) every such table shall be constructed of or lined with
smooth impervious material and shall be fitted with a raised
edge on every side not less than 50 mm in height, and the
whole table shall slope towards one end so as to drain any
liquid falling thereon towards a waste pipe or channel so
constructed as to lead into the vents required by the
provisions of sub-paragraph (iii) to be provided;

(xii) in respect of each such table, there shall be provided 1
washhand basin of glazed stone ware, which shall be supplied
with water from the public mains or from such other source as
the Council may approve and drain either into the vents
required by the provisions of sub-paragraph (iii) to be
provided or into a trapped gully situated in the open air and
within the curtilage of the funeral parlour; and





(xiii) 1 tap therein shall be so constructed that hose-pipe
may be fitted thereto so as to enable every part of the room to
be hosed down as necessary, and a hose-pipe suitable for
such purpose shall be kept available at all times.

8. (1) No body shall be embalmed or prepared for burial,
encoffining or cremation in any funeral parlour otherwise than in a room
used exclusively for such purpose.

(2) At all times during which any body is retained in any such
room, the windows thereof shall be kept fully opened and, if the room is
ventilated wholly or partly by mechanical means, the ventilating system
shall be kept in operation provided that where an air-conditioning
system is installed which services such a room, the windows thereof
shall be kept closed and the air-conditioning system shall be kept in
operation.

9. (1) No body in an advanced state of decomposition shall be
received into any funeral parlour unless encoffined in a hermetically
sealed coffin.

(2) No body shall be retained in any funeral parlour for a longer
period than 48 hours unless the same is encoffined in a hermetically
sealed coffin or is embalmed.

(3) Save with the permission in writing of the Director of Urban
Services, no human remains whatsoever shall be retained in any funeral
parlour for longer than 7 days.

10. Where it appears to the licensee of any funeral parlour that the
body of any person who has died while suffering from any
quarantinable disease has been received into such funeral parlour, he
shall forthwith notify a health officer or health inspector of the fact.

11. (1) No person shall handle, or carry out any process of
embalming, preparing or treating, the body of any person who, to the
knowledge or belief of such person or of the licensee of the funeral
parlour, 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
shall be disinfected immediately after the same has been used.

12. The licensee of any funeral parlour shall, at all times, keep the
premises, including all fittings, equipment, furniture, utensils and
apparatus therein, in a clean and sanitary condition to the satisfaction
of the Council.

13. (1) The licensee of any funeral parlour shall keep a register in
English or Chinese 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;

(e) the sex of the deceased;

(d) the date, place and cause of the death of the deceased;

(e)the date on, and the time at, which the remains of the
deceased were received into the funeral parlour;

the date on, and the time at, which such remains were
removed from the funeral parlour;

(g)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 such remains;

(h)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;

(i)the name and address of the person (if any) who has
undertaken to pay the charges (if any) of the funeral parlour;

(j) the method by which, and, as appropriate-

(i) the cemetery and space plot or grave number; or
(ii) the crematorium,

where, such remains were finally disposed of after removal
from the funeral parlour; and

(k)where the deceased died from any quarantinable disease,
whether or not those parts of the funeral parlour in which
such remains were kept were disinfected after such remains
were removed therefrom.

(2) The licensee of a funeral parlour shall cause the register kept by
him under paragraph (1) to be open for inspection at all reasonable
hours by any public officer authorized in writing by the Director of
Urban Services for the purposes of this by-law, or any health officer,
health inspector, police officer or member of the Council.

14. (1) Any person who contravenes the provisions of by-law 4(1)
shall be guilty of an offence and shall be liable on summary conviction
to a fine of $2,000 and to imprisonment for 6 months.

(2) In the event of a contravention of any of the provisions of
by-law 5, 6, 7, 8, 9, 10, 11, 12 or 13, the licensee of the funeral
parlour shall be guilty of an offence and shall be liable on summary
conviction to a fine of where the offence is a continuing
offence, shall be liable in addition to a fine of $10 each day during
which it is proved to the satisfaction of the court that the offence has
continued.





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. 157/60. 57 of 1967. L.N. 51/70. 21 of 1973. L.N. 235/74. L.N. 291/77. L.N. 71/78. L.N. 89/79. L.N. 73/80. L.N. 91/81. L.N. 98/83. L.N. 310/83. 10 of 1986. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. L.N. 235/74. L.N. 71/78. 59 of 1967, Sch. (Cap. 14.) (Cap. 1053.) L.N. 51/70. (Cap. 165.) L.N. 71/78. L.N. 310/83. (Cap. 141.) Licensing of funeral parlour business. 21 of 1973, s. 20. L.N. 98/83. Requirements as to posting of licensees' names, etc. L.N. 89/79. Posting of notices prohibiting spitting, etc. L.N. 89/79. Funeral parlours to comply with certain provisions. L.N. 89/79. L.N. 235/74. L.N. 235/74. Embalming, etc. L.N. 71/78. Reception and retention of human remains. Bodies of persons dying while suffering from quarantinable diseases. L.N. 51/70. L.N. 235/74. Use of rubber gloves, etc. Cleanliness of premises. Registers. L.N. 235/74. 10 of 1986, s. 32(2). 10 of 1986, s. 32(2). Offences and penalties. L.N. 235/74. Name in which proceedings for offences may be brought.

Abstract

G.N.A. 157/60. 57 of 1967. L.N. 51/70. 21 of 1973. L.N. 235/74. L.N. 291/77. L.N. 71/78. L.N. 89/79. L.N. 73/80. L.N. 91/81. L.N. 98/83. L.N. 310/83. 10 of 1986. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. L.N. 235/74. L.N. 71/78. 59 of 1967, Sch. (Cap. 14.) (Cap. 1053.) L.N. 51/70. (Cap. 165.) L.N. 71/78. L.N. 310/83. (Cap. 141.) Licensing of funeral parlour business. 21 of 1973, s. 20. L.N. 98/83. Requirements as to posting of licensees' names, etc. L.N. 89/79. Posting of notices prohibiting spitting, etc. L.N. 89/79. Funeral parlours to comply with certain provisions. L.N. 89/79. L.N. 235/74. L.N. 235/74. Embalming, etc. L.N. 71/78. Reception and retention of human remains. Bodies of persons dying while suffering from quarantinable diseases. L.N. 51/70. L.N. 235/74. Use of rubber gloves, etc. Cleanliness of premises. Registers. L.N. 235/74. 10 of 1986, s. 32(2). 10 of 1986, s. 32(2). Offences and penalties. L.N. 235/74. Name in which proceedings for offences may be brought.

Identifier

https://oelawhk.lib.hku.hk/items/show/2592

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

7
]]>
Tue, 23 Aug 2011 18:08:57 +0800
<![CDATA[FUNERAL PARLOUR (REGIONAL COUNCIL) BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/2591

Title

FUNERAL PARLOUR (REGIONAL COUNCIL) BY-LAWS

Description






FUNERAL PARLOUR (REGIONAL COUNCIL) BY-LAWS

ARRANGEMENT OF BY-LAWS

By-law Page
1. Citation ... 1 .. ... ... ... ... ... ... ... ... ... ... ... ... ... AD2

2. Application ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... AD 2

3. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... AD 2

4. Licensing of funeral parlour businesses ... ... ... ... ... ... ... ... ... AD 2

5. Refusals and revocations ... ... ... ... ... ... ... ... ... ... ... ... AD 3

6. Requirements as to posting of licensees' names, etc. ... ... ... ... ... ... AD 3

7. Funeral parlours to comply with certain provisions ... ... ... ... ... ... AD 3

8. Embalming, etc . ... ... ... ... ... ... ... ... ... ... ... ... ... ... AD 4

9. Reception and retention of human remains ... ... ...---... ... ... ... AD 5

10. Bodies of persons dying while suffering from quarantinable diseases ... ... ... AD 5
11. Use of rubber gloves, etc . ... ... ... ... ... ... ...---... ... ... ... AD 5
12. Cleanliness of premises ... ... ... ... ... ... ... ... ... ... ... .. AD 5
13. Registers ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... AD 5
14. Offences and penalties ... .. 1 ... ...---. ... ... .. ... ... ... ... AD 6
is. Name in which proceedings for offences may be brought ... 1 .. ... ... ... AD 6





FUNERAL PARLOUR (REGIONAL COUNCIL) BY-LAWS

(Cap. 132, section 123)

[1 June 1982.1

1. These by-laws may be cited as the Funeral Parlour (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-

'body' 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,

'burial' includes cremation;

'Council' means the Regional Council;

'funeral parlour' means a mortuary, but does not include

(a)any place set apart under the provisions of the Coroners
Ordinance for the reception of dead bodies for the purpose of
post mortem examination;

(b)any mortuary situated within the precincts of any hospital or
similar institution which is maintained or controlled by the
Crown or by The Chinese University of Hong Kong provided
for by The Chinese University of Hong Kong Ordinance;

(c)any mortuary situated within the precincts of any hospital
carried on by a person duly registered in respect thereof under
the Hospitals, Nursing Homes and Maternity Homes
Registration Ordinance; or

(d)any mortuary which is designated as a public funeral hall
under section 123A;

'quarantinable disease' has the meaning assigned to it by section 2(1)
of the Quarantine and Prevention of Disease Ordinance.

4. (1) Save under and in accordance with a licence granted by the
Council, no person shall carry on the business of a funeral parlour.

(2) Every such licence shall be valid for a period of 1 year from the
date of issue.





(3) The grant or renewal of any such licence shall be subject to
the payment in advance to the Council of a fee of $15,750

5. 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.

6. The licensee of every funeral parlour shall cause his name and
the words -Funeral Parlour' to be posted, in English lettering and
Chinese characters not less than 100 mm in height, in a conspicuous
place on the outside wall or door of the premises to which his licence
relates.

7. The following provisions shall apply to every funeral parlour--

(a)every part of the premises shall be adequately lighted and
ventilated to the satisfaction of the Council, either by natural
means or mechanical means or partly by natural means and
partly by mechanical means;

(b)no part of the premises shall have direct access to any
premises used for domestic purposes or to any premises not
wholly concerned with and used for the purposes of the
funeral parlour; and

(c)not less than one room shall be used exclusively for the
purpose of embalming any body or preparing any body for
burial, encoffining or cremation, and every such room shall
comply with the following requirements

(i) a rectangular area of floor space, not less than 3 by 4.5 m,
shall be provided for each embalming or preparation table
installed in the room;

(ii) the floor shall be surfaced with smooth nonabsorbent
material and the junction between the walls and the floor shall
be coved;

(iii) the floor shall be laid with proper falls so that liquid may
drain towards one or more vents in the walls of the room, and
each such vent shall be so constructed as to discharge by
way of a covered surface channel or waste pipe into one or
more trapped gullies situated in the open air and within the
curtilage of the funeral parlour and shall, at all times, be
protected by a removable grating;

(iv) the internal surface of the walls shall be tiled or faced
with smooth impervious material to a height of not less than 2
m;

(v) ventilation of the room in' compliance with paragraph (a)
shall be by a separate system of ventilation which has direct
access to the open air and does not connect with





or give or have access to any room in, or the means of
ventilation of any other part of, the premises;
(vi) no window shall open, and no exhaust fan shall
discharge, otherwise than directly into the open air at a
height above ground level of not less than 2 m and so as to
ensure that no nuisance is caused to any neighbouring or
adjoining premises or in any public place;
(vii) every door shall be fitted with a self-closing device
and screened or otherwise rendered fly-proof, and every
window shall be screened or otherwise rendered fly-proof;
(viii) every door opening into any part of the premises
to which the public have access shall be clearly, marked on
the outside in English and Chinese-

'No ADMITTANCE

(ix) not less than one embalming or preparation table
shall be provided therein;
(x) the surface of every embalming or preparation table
shall be not less than 2 100 by 750 mm, and every such
table shall be so sited in the room as to leave an unobstruc-
ted space of not less than 600 mm on every side thereof,
(xi) every such table shall be constructed of or lined
with smooth impervious material and shall be fitted with a
raised edge on every side not less than 50 mm in height,
and the whole table shall slope towards one end so as to
drain any liquid falling thereon towards a waste pipe or
channel so constructed as to lead into vents required by the
provisions of sub-paragraph (iii) to be provided;
(xii) in respect of each such table, there shall be pro-
vided one washhand basin of glazed stone ware, which shall
be supplied with water from the public mains or from such
other source as the Council may approve and drain either
into the vents required by the provisions of sub-paragraph
(iii) to be provided or into a trapped gully situated in the
open air and within the curtilage of the funeral parlour;
and
(xiii) one tap therein shall be so constructed that a
hose-pipe may be fitted thereto so as to enable every part of
the room to be hosed down as necessary, and a hose-pipe
suitable for such purpose shall be kept available at all
times.

8. (1) No body shall be embalmed or prepared for burial,
encoffining or cremation in any funeral parlour otherwise than in a
room used exclusively for such purpose.

(2) At all times during which any body is retained in any such
room, the windows thereof shall be kept fully opened and, if the
room is ventilated wholly or partly by mechanical means, the





ventilating system shall be kept in operation, but where an
airconditioning system is installed which services such a room, the
windows thereof, shall be kept closed and the air-conditioning system
shall be kept in operation.

9. (1) No body in an advanced state of decomposition shall be
received into any funeral parlour unless encoffined in a hermetically
sealed coffin.

(2) No body shall be retained in any funeral parlour for a longer
period than 48 hours unless the same is encoffined in a hermetically
scaled coffin or is embalmed.

(3) Save with the permission in writing of the Council, no body
shall be retained in any funeral parlour for longer than 7 days.

10. Where it appears to the licensee of any funeral parlour that the
body of any person who has died while suffering from any
quarantinable disease has been received into such funeral parlour, he
shall forthwith notify a health officer or health inspector of the fact.

11. (1) No person shall handle, or carry out any process of
embalming, preparing or treating, the body of any person who, to the
knowledge or belief of such person, 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
shall be disinfected immediately after the same has been used.

12. The licensee of any funeral parlour shall, at all times, keep the
premises, including all fittings, equipment, furniture, utensils and
apparatus therein, in a clean and sanitary condition to the satisfaction
of the Council.

13. (1) The licensee of any funeral parlour shall keep a register in
English or Chinese in which he shall correctly record the following
particulars

(a) the name and address of the deceased;

(b) the age or 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 on, and the time at, which the remains of the
deceased were received into the funeral parlour;

the date on, and the time at, which such remains were
removed from the funeral parlour;





(g)the date and number of the death certificate and of any permit
for the burial, cremation, importation into or removal from
Hong Kong, as the case may be, of such remains;

(h)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, importation into or
removal from Hong Kong, as the case may be, of such
remains;

(i)the name and address of' the person (if any) who has
undertaken to pay the charges (if any) of the funeral parlour;

(j) the method by which, and, as appropriate-

(i) the cemetery and space, plot or grave number;

(ii) the crematorium; or
(iii) the location of the burial site,

where, such remains were finally disposed of after removal
from the funeral parlour; and

(k)where the deceased died from any quarantinable disease,
whether or not those parts of the funeral parlour in which such
remains were kept were disinfected after such remains were
removed therefrom.

(2) The licensee of a funeral parlour shall cause the register kept by
him under paragraph (1) to be open for inspection at all reasonable
hours by any public officer authorized in writing by the Council for the
purposes of this by-law, or any health officer, health inspector or police
officer.

14. (1) Any person who contravenes by-law 4(1) or 11 (1) commits
an offence and is liable to a fine of $2,000 and to imprisonment for 6
months.

(2) Any licensee of a funeral parlour who contravenes by-law 6, 10,
12 or 13 commits an offence and is liable to a fine of $2000 and to
imprisonment for 6 months.

(3) If by-law 7, 8, 9 or 11(2) is contravened, the licensee of the
funeral parlour in relation to which the contravention occurred
commits an offence and is liable to a fine where the
offence is a continuing offence, is liable in addition to a fine of $10 each
day on which the offence continues.

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 any of the provisions
of these by-laws may be brought in the name of the Council.
L.N. 335/81. L.N. 212/83. L.N. 67/85. 10 of 1986. L.N. 177/82. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. 10 of 1986, s. 32(2). (Cap. 14.) (Cap. 1109.) (Cap. 165.) (Cap. 141.) Licensing of funeral parlour businesses. 10 of 1986, s. 32(2). L.N. 212/83. Refusals and revocations. 10 of 1986, s. 32(2). Requirements as to posting of licensees' names, etc. Funeral parlours to comply with certain provisions. 10 of 1986, s. 32(2). Embalming, etc. Reception and retention of human remains. 10 of 1986, s. 32(2). Bodies of persons dying while suffering from quarantinable diseases. Use of rubber gloves, etc. 10 of 1986, s. 32(2). Cleanliness of premises. 10 of 1986, s. 32(2). Registers. 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. 335/81. L.N. 212/83. L.N. 67/85. 10 of 1986. L.N. 177/82. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. 10 of 1986, s. 32(2). (Cap. 14.) (Cap. 1109.) (Cap. 165.) (Cap. 141.) Licensing of funeral parlour businesses. 10 of 1986, s. 32(2). L.N. 212/83. Refusals and revocations. 10 of 1986, s. 32(2). Requirements as to posting of licensees' names, etc. Funeral parlours to comply with certain provisions. 10 of 1986, s. 32(2). Embalming, etc. Reception and retention of human remains. 10 of 1986, s. 32(2). Bodies of persons dying while suffering from quarantinable diseases. Use of rubber gloves, etc. 10 of 1986, s. 32(2). Cleanliness of premises. 10 of 1986, s. 32(2). Registers. 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/2591

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

6
]]>
Tue, 23 Aug 2011 18:08:56 +0800
<![CDATA[FROZEN CONFECTIONS (URBAN COUNCIL) BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/2590

Title

FROZEN CONFECTIONS (URBAN COUNCIL) BY-LAWS

Description






FROZEN CONFECTIONS

(URBAN COUNCIL) BY-LAWS

ARRANGEMENT OF BY-
LAWS

By-law Page
PART I

PRELIMINARY

1.Citation .............................. ... ... ... ... ... ... AC3

2.Application .................... ... ... ... . ... ... ... AC 3

3.Interpretation .............. ... ... ... ... ... ... ... ... ... ... AC 3

4.Amendment of First Schedule ... ... ... ... ... ... ... ... ... ... AC 3

PART II

SALE OF FROZEN
CONFECTIONS

5.Licences to sell frozen confections ... ... ... ... ... ... ... ... ... AC4

6. Bacteriological standard of frozen confections for sale ... ... ... ... ... ... AC4
7. Restriction on sale, etc. of imported frozen confections ... ... ... ... ... ... AC4
8. Frozen confections to be heat-treated before sale ... ... ... ... ... ... ... AC 4
9. Precautions against contamination of frozen confections ... ... ... ... ... AC 4
10.Frozen confections other than soft ice cream to be kept below -21 Celsius
AC4
11.Frozen confections not to be stored with other articles ... ... ... ... ... ... AC5
12. Maintenance of refrigerators... ... ... ... ... ... ... ... ... ... ... AC 5
13. Cleanliness of utensils ... ... ... ... ... ... ... ... ... ... ... ... ... AC 5
14. Storage of ice cream cones and wafers ... ... ... ... ... ... ... ... ... AC 5
15. Frozen confections not to be sold except in the manufacturer's containers ... ... AC 5
16. Hawkers of frozen confections to wear uniforms and display numbers ... ... ... AC 5

PART III

MANUFACTURE OF FROZEN
CONFECTIONS

17. Frozen confections not to be manufactured except under licence ... ... ... ... AC 5
18. Application for licence ... ... ... ... ... ... ... ... ... ... ... ... ... AC 6
19. Conditions of grant of licence ... ... ... ... .... ... ... ... ... ... ... AC6
20. Restriction on alterations or additions to licensed premises ... ... ... ... ... AC 8
21. Requirements as to heat-treatment apparatus ... ... ... ... ... ... ... ... AC 8
22. Handling of frozen confections ... ... ... ... ... ... ... ... ... ... ... AC 8
23. Control of contents of frozen confections ... ... ... ... ... ... ... ... ... AC 8
24. General cleanliness of premises and equipment ... ... ... ... ... ... ... ... AC9
25. Sterilization of vessels and utensils ... ... ... ... ... ... ... ... ... ... AC9

26. Restriction on smoking..... ... ... ... ... ... ... ... ... AC 9





By-law....................................... Page
27...................................Frozen confection factories not to be used for dwelling purposes ... ... ... AC 9
28. Prevention of contamination of frozen confections by contact with certain clothing AC 9
29. Spitting ............................... ... ... ... ... ... ... ... ... AC 10
30. Prevention of vermin ...................... ... ... ... ... ... ... ... AC 10
31. Yards, alleys, etc. not to be used for manufacturing frozen confections ... ... AC 10
32. Cleansing of water tanks ..................... ... ... ... ... ... ... AC 10
33. General precautions against contamination of frozen confections ... ... ... AC 11
34. Soft ice cream containers to be marked with date and time of manufacture
of ice cream therein ................. ... ... ... ... ... ... ... ... AC 11

PART IV

MISCELLANEOUS

35..................................Restriction on employment of persons likely to spread disease ... ... ... AC 11
36.........................Immunization of staff against certain diseases ... ... ... ... ... ... ... AC 12
37.....................General personal cleanliness .. . ... ... ... ... ... ... ... ... ... AC 12
38. Prevention of supply of frozen confections to the danger ofpublic health ... ... AC 12
39................Keeping of report books ....... ... ... ... ... ... ... ... ... ... AC 13

40.....Fees ..................................... ... ... ... ... ... ... ... AC 13
41..............Offences and penalties .......... ... ... ... ... ... ... ... ... ... AC 13
42. Name in which proceedings for offences may be brought ... ... ... ... ... AC 14

First Schedule. Heat-treatment ............. ... ... ... ... ... ... ... ... AC 14
Second Schedule..Fees ...................... ... ... ... ... ... ... ... ... ... AC 15





FROZEN CONFECTIONS (URBAN COUNCIL) BY-LAWS
(Cap. 132, section 56)

[ 11 November 1960.1

PART I

PRELIMINARY

1. These by-laws may be cited as the Frozen Confections
(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;

'disease' means any disease of a communicable nature;

'frozen confection' means any confection commonly sold for
human consumption in a frozen or chilled state;

'food business' has the meaning assigned thereto in the Food
Business (Urban Council) By-laws;

'heat-treatment' means the processing of frozen confections in the
manner described in the First Schedule, and the expression
'to heat-treat' shall be construed accordingly;

'ingredient', when used in relation to heat-treatment, includes
sugar and dried egg, but does not include colouring of
flavouring materials or fruit, nuts, chocolate and other similar
substances;

'manufacture', in relation to frozen confections, includes the
mixing of any ingredients, any process of freezing and any
process whereby any frozen or partly frozen substance is
inserted into containers or is wrapped for sale.

4. The Council may from time to time by notification
published in the Gazette amend the First Schedule.





PART 11

SALE OF FROZEN CONFECTIONS

5. . No person shall sell, or offer or expose for sale, for human
consumption, or have in his possession for sale for human
consumption, any frozen confection save under and in accordance with
the permission in writing of the Council granted under by-law 31 of the
Food Business (Urban Council) By-laws.

6. No person shall sell, or offer or expose for sale, any frozen
confection which contains more than 50 000 bacteria per gram or more
than 100 coliform organisms per gram.

7. (1) No person shall sell, or offer or expose for sale, or advertise
for sale, any frozen confection imported into Hong Kong from a source
of manufacture other than a source of manufacture which has been
approved by the Council.

(2) For the purposes of this by-law, the Council shall not approve
any source of manufacture of frozen confections unless it is satisfied
that heat-treatment is included in the process of manufacture of such
frozen confections.

(3) In any proceedings for an offence under paragraph (1) in
relation to the publication of an advertisement, it shall be a defence for a
defendant to prove that, being a person whose business it is to publish,
or arrange for the publication of, advertisements, he received the
advertisement for publication in the ordinary course of business.

8.No person shall sell, or offer or expose for sale, for human

consumption, or have in his possession for sale for human consump-
tion, any frozen confection, other than red bean sherbet or
red bean popsicle which has not been heat-treated:

Provided that nothing in this by-law shall be construed to prevent
the sale, or offer or exposing for sale, of any frozen confection imported
into Hong Kong from a source of manufacture which has been
approved by the Council.

9. Every person in possession for the purpose of sale for human
consumption of any frozen confection shall take all reasonable and
proper precautions to prevent infection or contamination thereof.

10. No person shall keep any frozen confection intended for sale
for human consumption, other than ice cream of the kind commonly
known as soft ice cream, in any place the temperature of which exceeds -
21 Celsius.





11. No person shall, in the course of any food business,
keep any frozen confections in storage in any refrigerating device
which is used for the storage of other articles.

12. Every refrigerating device used in the course of any food
business for the storage of frozen confections shall, at all times,
be kept in a clean condition and maintained in good order and
repair.

13. Every utensil used in the course of any food business
for the purpose of serving or handling any frozen confection
shall be kept clean and, so far as may be, free from any risk of
contamination.

14. Every cone or wafer used, or intended to be used, in
any food business for the service of frozen confections shall, when
not actually in use or about to be used, be kept in a dust proof
container.

15. (1) No person shall sell, or offer or expose for sale, for
human consumption any frozen confection except in, or directly
from, the container into which it was inserted on the completion
of its manufacture.

(2) Paragraph (1) shall not apply to any frozen confection
which is sold for human consumption on premises in respect of
which a licence has been granted by the Council under the Food
Business (Urban Council) By-laws.

16. Every hawker of frozen confections, and every assistant,
servant or agent of any such hawker, shall, while engaged in the
hawking of frozen confections, be clothed in a clean uniform of
washable material made to a pattern approved by the Council,
and shall display on his person a number which shall be allocated
to him by the Council.

PART III

MANUFACTURE OF FROZEN CONFECTIONS

17. Save under and in accordance with a licence granted by
the Council and in such premises as shall be specified in such
licence, no person shall manufacture any frozen confection or cause
any frozen confection to be manufactured:

Provided that this by-law shall not apply to any frozen con-
fection which is manufactured on premises in respect of which a
licence has been granted by the Council under the provisions of
the Food Business (Urban Council) By-laws for consumption on
those premises.





18. (1) Every application for any such licence shall be made in
writing, addressed to the Secretary of the Council, and, subject to
paragraph (2), shall be accompanied by 3 copies of a plan, as nearly as
may be to scale, of the whole of that part of any premises in which the
applicant intends to manufacture any frozen confection, and such plan
shall include particulars of the following

(a) sanitary fitments and ablution facilities;

(b)built in clothing lockers or cloakrooms, passageways or open
spaces (if any);

(e)rooms or other spaces (if any) for the exclusive use of staff or
employees;

(d) all means of exit, entry and internal communication;

(e)all windows or ducts providing ventilation or, where any
mechanical means of ventilation is provided, such means;

the siting of all furniture and fittings of a substantial and
permanent nature, including heat-treatment plant, cleansing,
refrigeration or cooling equipment, sterilization machinery or
storage and packing equipment, and any fixed sideboards,
washbasins or sinks, water tanks or other like articles;

(g) means of refuse storage or disposal; and

(h) the drainage system, including all inlets into the system.

(2) In the case of any premises in which the only process of
manufacture to be carried on is the freezing or part freezing of already
prepared ingredients of frozen confections and the insertion thereof into
containers at such premises for the purpose of sale for immediate
consumption, it shall be sufficient compliance with paragraph (1) if the
plan shows the siting, in relation to neighbouring articles of furniture,
fittings or equipment, of the machinery used for such freezing or part
freezing or such insertion or wrapping.

(3) Every copy of such 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.

19. (1) Subject to paragraph (2), no such licence shall be granted
unless the Council is satisfied in relation to the premises in respect of
which the application for such licence was made that

(a)the plan referred to in by-law 18 has been approved by the
Council and that the premises conform thereto;





(b)the means of ventilation which is provided, whether
natural or mechanical or partly natural and partly me-
chanical, is sufficient in every part of the premises, other
than any part exclusively used for storage, to safeguard
the health in that respect of the maximum number of
persons likely to be engaged therein at any one time;

(e)sanitary fitments are provided to a standard not less than
that required by regulation 5 of the Building (Standards
of Sanitary Fitments, Plumbing, Drainage Works and
Latrines) Regulations;

(d)public mains water is laid on to the premises and a storage
tank is provided for such water which is of sufficient size,
having regard to the daily quantity of water likely to be
used upon the premises, and proof against access of dust
and mosquitoes:

Provided that, where the Council is satisfied that
public mains water cannot reasonably be laid on for all
or any purposes, the Council may in its discretion approve
such other water supply as, having regard to considera-
tions of public health, it may consider adequate;

(e)in every part of the premises in which any frozen confec-
tion is manufactured-
(i) the floors and internal surfaces of the walls to a
height of not less than 2 m are surfaced with smooth,
light coloured, non-absorbent material and the junctions
between the walls and floors are coved;
(ii) the ceilings are impervious to dust; and
(iii) the ceilings and those parts of such walls as are
not specified in sub-sub-paragraph (i) are limewashed or
painted a light colour;

(f)sufficient ablution facilities are provided for the use of
persons employed therein, and that such ablution facilities
are conveniently situated having regard to the nature of
the work of such persons;

(g)sufficient and suitable cloakroom or locker accommoda-
tion, situated otherwise than in any part of the premises
in which any frozen confection is manufactured or stored,
is provided for the reception of outer garments and other
personal effects of persons employed therein;

(h)no fresh air intake to any ventilation pipe included in the
soil drainage system of the premises is situated in any
part of the premises in which any frozen confection is
manufactured, and every inlet into any such system which
is situated in any such part of the premises is trapped.





(2) In the case of any premises in which the only process of
manufacture to be carried on is the freezing or part freezing of
already prepared ingredients of frozen confections and the insertion
thereof into containers at such premises for the purpose of sale for
immediate consumption, it shall be sufficient compliance with the
provisions of paragraph (1) if the plan referred to in by-law 18 has
been approved by the Council.

20. After the grant 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 premises to which the licence relates-

(a)any alteration or addition which would result in a material
deviation from the plan thereof approved under by-law 18;
or

(b)any material alteration in respect of any of the matters
specified in by-law 18(1) as matters in respect of which
particulars must be included in the plan delivered pursuant
to that paragraph.

21. (1) Every such licensee shall cause any plant or apparatus
used by him for the heat-treatment of the mixture from which any
frozen confection is being manufactured to be equipped with one
or more self-registering thermometer devices to indicate and record
the temperature to which, and the length of time during which, the
frozen confection has been heated.

(2) The licensee shall not subject any mixture to heat-treatment
unless the apparatus used is of a type approved by the Council.

(3) Every thermometer reading taken in pursuance of para-
graph (1) shall be recorded and the record retained by the licensee
for not less than 2 months, and shall be available for inspection at
all reasonable times by any health officer or health inspector.

22. No person engaged in the manufacture of any frozen
confection shall allow, or cause or permit any other person to
allow, the confection or any of the ingredients thereof to come
into contact with his hands or any other part of his body.

23. No person shall use for the purpose of manufacturing any
frozen confection-

(a)save with the permission in writing of the Council, any
water other than public mains water;

(b)any flavouring substance unless of a kind harmless to
human beings;

(e)any fruit, nuts or chocolate, or preparations derived there-
from, which are not of good quality, clean and free from
taint or rancidity;





(d)any colouring matter which is not a permitted colouring
matter within the meaning of the Colouring Matter in
Food Regulations.

24. Every such licensee shall, at all times, cause all parts of
the premises to which the licence relates, and all fittings and equip-
ment therein, to be maintained in proper repair and in a clean
condition and free from noxious matters, and shall cause the floor
of every part of such premises which is used for any process
in connexion with the manufacture of frozen confections to be
thoroughly cleansed with water not less than once in every 24 hours.

25. (1) No such licensee shall cause any vessel, container or
utensil to be used in any process in connexion with the manufac-
ture, storage or distribution of frozen confections unless it has been
thoroughly cleansed and subsequently sterilized with steam or clean
boiling water, or by such other method as the Council may permit
in writing either generally or in any particular case, since the last
occasion upon which it was used or- before it is first used, as the
case may be:

Provided that nothing in this paragraph shall be construed to
require any such vessel, container or utensil to be so cleansed or
sterilized during any period in which it is in continuous or nearly
continuous use.

(2) All parts of any heat-treatment machinery shall, at all
times, be kept in a clean condition, and every part thereof which
is liable to come into contact with any frozen confection during
heat-treatment shall, as often as may be necessary, be washed with
clean water or a suitable detergent (in which case it shall be rinsed
with clean water after it has been washed with the detergent), and
then sterilized with steam or boiling water or by such other method
as the Council may permit in writing either generally or in any
particular case.

26. No person shall smoke while engaged in any process in
connexion with the manufacture of frozen confections or in the
sale of frozen confections, except such confections as are sold in
containers or wrappers and so enclosed as to exclude all risk of
contamination.

27. No person shall use, or suffer any other person to use,
for dwelling purposes any part of any premises in which any process
in connexion with the manufacture of frozen confections is carried
on.

28. No person shall hang up, or otherwise keep, or suffer any
other person to hang up or otherwise keep, whether temporarily
or permanently, any clothing,, bedding or personal effects in any
part of any premises in which any process in connexion with the
manufacture of frozen confections is carried on.





29. (1) In any premises in which the manufacture of frozen
confections is carried on-

(a)no person shall spit in any part of such premises in which
any process in connexion with the manufacture of such
confections is carried on; and

(b)no person shall spit in any other part of such premises
except into a spittoon or other receptacle provided for the
purpose.

(2) Where spittoons or other receptacles are provided, the
licensee 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 with the permission in writing of the Council, every
such licensee shall cause one or more notices, prohibiting spitting
and written in English and Chinese, to be continuously displayed
in a conspicuous manner in every part of the premises in which any
process in connexion with the manufacture of frozen confections
is carried on.

30. (1) Save where exempted in writing by the Council, every
such licensee shall cause every hollow space, crevice or other place
in any premises used by him for the manufacture or storage of
frozen confections, which is likely to harbour vermin or to constitute
a means of access for vermin, to be eliminated or sealed off.

(2) No person shall place, or suffer to be placed or to remain
placed, any furniture or equipment, other than such as may be
moved without difficulty by one man, so near to any wall of any
premises in which frozen confections are manufactured as to
obstruct access to any part of such wall, or such furniture or
equipment, for the purpose of the cleaning of the same.

(3) No person shall knowingly suffer the existence of any
vermin in any part of any premises in which frozen confections
are manufactured.

31. No person shall use, or suffer to be used, any yard, alley,
open space or roof top for manufacturing or storing frozen con-
fections.

32. (1) Every such licensee shall-

(a)cause the inside of every water tank or container provided
for the storage of water on any premises used by him for
manufacturing frozen confections to be cleansed in the
months of March, June, September and December in each
year by scrubbing out the same with a solution of not less
than fifty parts of chlorine in one million parts of water;
and





(b)cause the date upon which such cleansing was last carried
out to be recorded in a conspicuous manner upon each
such water tank or container.

(2) Without prejudice to the provisions of paragraph (1), any
health officer or health inspector may serve upon such licensee a
notice requiring him to cause any such water tank or container to
be cleansed in such manner and within such time as may be specified
in the notice.

33. Without prejudice to anything contained in these by-laws,
every such licensee shall take all reasonable and proper precautions
in and in connexion with the manufacture of frozen confections,
including the distribution or other handling thereof, to prevent
contamination.

34. Every person who has manufactured any ice cream of the
kind commonly known as soft ice cream shall mark, or cause to be
marked, each container in which the same is stored by him with
the date on which the same was manufactured and the time at which
the manufacture thereof was completed.

PART IV

MISCELLANEOUS

35. (1) No person suffering from a discharging wound or
sore or from a discharge of the ear or from attacks of vomiting
or diarrhoea or from a sore throat shall take any part in the
manufacture or handling of any frozen confection in any food
business:

Provided that a health officer may issue a certificate to any
such person exempting him from this paragraph in any case in
which such health officer is satisfied that no danger to the public
health is involved.

(2) Any person who is employed or working in any food
business involving the manufacture or handling of frozen confec-
tions, shall, if so required in writing by a health officer, submit
himself to medical examination at such time and at such place as
such health officer may direct and, if after such medical examina-
tion, a health officer is satisfied that such person is suffering from
any communicable disease, or is likely to communicate to any
other person any communicable disease, such last mentioned health
officer may notify such person in writing to that effect, and such
person shall forthwith cease to be employed or to work in such
food business or in any other such food business.

(3) A notification given under paragraph (2) shall continue in
force until it is cancelled by a further notice in writing by a health
officer declaring such first mentioned notice to be cancelled.





(4) No person shall cause, or suffer or permit, any person,
other than a person who has been duly exempted from the provi-
sions of paragraph (1), whom he knows or has reason to believe
to be suffering from any of the complaints specified in that para-
graph, to be employed or work in any food business involving the
manufacture or handling of frozen confections.

(5) No person shall cause, or suffer or permit, any person in
respect of whom he knows or has reason to believe that a notice
given under paragraph (2) is in force to be so employed or so to
work.

36. (1) No person shall be employed or work in any food
business involving the manufacture or handling of frozen confec-
tions unless he has been immunized in accordance with such of the
requirements of a notification under paragraph (2) as apply to him.

(2) The Council may from time to time by notification pub-
lished in the Gazette require persons employed or working in any
food business involving the manufacture or handling of frozen
confections to be immunized against such diseases as may be
specified in such notification.

(3) No person shall employ in any food business involving
the manufacture or handling of frozen confections any person whom
he knows or has reason to believe has not been immunized in ac-
cordance with paragraph (1) or a notification under paragraph (2).

37. Without prejudice to anything contained in these by-laws,
every person who, for the purposes of any food business, takes
any part in the manufacture or handling of frozen confections shall,
while so taking part-

(a)keep all parts of his person and of his outer garments as
clean as may be reasonably practicable; and

(b)keep any open cut or abrasion on any exposed part of his
person covered with a suitable waterproof dressing.

38. (1) If any health officer or health inspector is of the
opinion that infectious or other disease is caused, or is likely to be
caused, by the consumption of frozen confections derived from
any particular source, premises or manufacturing plant or that the
public health is likely to be endangered by the act or default of
any purveyor of frozen confections or his servants or agents, such
health officer or health inspector may, by notice in writing, direct
that the supply, distribution or sale of such frozen confections
shall be terminated or restricted for such period and subject to
such conditions as may be specified in the direction.

(2) Any person who considers himself aggrieved by any direc-
tion given under paragraph (1) may, within 14 days after the giving





of the same, appeal by way of petition to the Governor in Council, 1,
and upon any such appeal the Governor in Council shall confirm,
vary or, if it has not already been withdrawn, cancel the direction.


(3) In any case in which the Governor in Council is satisfied that
the direction ought not to have been given, he ay order payment to
the appellant by way of compensation of such sum, if any, as, having
regard to all the circumstances, he may consider just.

(4) Every such payment shall be made out of the general revenue
of Hong Kong.

39. (1) The Council may provide, for use in any food business
involving the manufacture or sale of frozen confections, a report book
or form for the use of health officers and health inspectors visiting the
premises.

(2) Where any such book or form has been provided, the licensee
or proprietor, as the case may be, of such business shall, at all times,
cause such book or form to be kept in such a place as to be immediately
available for use by any such health officer or health inspector.

(3) No person shall destroy any such book or form or alter or
obliterate any entry made therein.

40. (1) Every licence granted under the provisions of Part III shall
be renewable on 1 October in each year.

(2) Every such licence shall be granted or renewed upon payment
of the appropriate fee prescribed in the Second Schedule:

Provided that, where any such licence is granted on or after 1 April
in any year, the fee payable in respect of the grant of that licence shall
be one-half of the fee so prescribed.

(3) Where the Council is satisfied that any such licence has been
lost or destroyed, the Council may, upon payment of a fee of $60, issue
a duplicate thereof.


41. (1) A person commits an offence who-

(a)contravenes any of the provisions of by-law 5, 6, 7(1), 8, 9, 10,
11, 12, 13, 14, 15(1), 16, 17, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29,
30, 31, 32(1), 33, 34, 35(1), (4) or (5), 36(1) or (3), 37, or 39(2) or
(3);

(b)fails to comply with any of the requirements of a notice served
upon him under by-law 32(2);





(c)being a person employed or working in any food business
involving the manufacture or handling of frozen confections,
fails

(i) to submit himself to medical examination when required
to do so under by-law 35(2); or

(ii) to cease to be employed or to work in any such
business when required to do so by that paragraph;

(d)fails to comply with any of the requirements of a notification
published in the Gazette under by-law 36(2);

(e)fails to comply with any direction given under by-law 38(1),
unless the same has been varied or cancelled by the Governor
in Council under paragraph (2) of that by-law; or

(f)where any direction given under by-law 38(1) has been varied
by the Governor in Council under paragraph (2) of that by-law,
fails to comply with such direction as so varied.

(2) A person who is guilty of an offence under these by-laws shall
be liable on summary conviction to a fine and imprisonment as follows
and, where the offence is a continuing offence, to an additional fine as
follows for each day during which it is proved to the satisfaction of the
court that the offence has continued

(a) in the case of an offence under by-law 5 or 17 a fine of
$10000 , imprisonment for 6 months and for each
day as aforesaid; and

(b)in the case of any other ofrence mentioned in paragraph (1)
a fine of $2,000, imprisonment for 3 months and ' for
each day as aforesaid. g

42. 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 by-laws may be brought in the name of the Council.

FIRST SCHEDULE [by-laws 3 & 4.]

HEAT-TREATMENT

The following provisions shall apply to the heat-treatment of frozen
confections after the mixing together of the ingredients

(1) The mixture shall not be kept for any period exceeding 1 hour at a
temperature greater than 7' Celsius before such mixture is subjected to
heattreatment by one of the following methods

(a)the mixture shall be raised to and kept at a temperature of not less than 66'
Celsius for not less than 30 minutes; or

(b)the mixture shall be raised to and kept at a temperature of not less than
71' Celsius for not less than 10 minutes; or





(e)the mixture shall be raised to and kept at a temperature of not less than
79' Celsius for not less than 15 seconds.

(2) After the mixture has been subjected to heat-treatment in any of the ways
above described, it shall be reduced to a temperature of not more than 7' Celsius
within one and a half hours after the commencement of the reduction of
temperature and shall be kept at a temperature lower than 7' Celsius until frozen.

(3) Where the method described in paragraph (1)(c) is used for the
heattreatment of any frozen confection, the apparatus employed shall be
thermostatically controlled and shall be fitted with a positive displacement pump
which shall serve to maintain the flow of the mixture, during its retention at the
prescribed temperature, at an even rate and shall be equipped with an automatic
device to divert the flow of any mixture which has not been retained at the
requisite temperature for the requisite period of time.

SECOND SCHEDULE [by-law 40(2).]

FEES

Size of premises by reference to floor area

Exceeding Not exceeding Fee
m 2 M2 S

100.............................................................................................. 1,020
100 150.............................................................................................. 1,275
150 200.............................................................................................. 1,785
200 250.............................................................................................. 2,295
250 300.......................... -2,805
300 350.............................................................................................. 3,315
350 400................................................................................................ 3,825
400 450.............................................................................................. 4,335
450 500.............................................................................................. 4,845
500 600.............................................................................................. 5,610
600 700.............................................................................................. 6,630

700 800 ............................................ .............. 7,650

800 900 .............................................. : -**
8,670

900 1 000............................................................................................. 9,690

1000 2000................................................ .. ........... 15,300
........................25.500
2000 3000................................................................ ....

3000 4000............................................................................ 35,700
4000

5000.............................................. ................. ............
45,900

5000................................................................................................................ \
51,000
G.N.A. 105/60. 5 of 1961. L.N. 103/65. L.N. 132/70. L.N. 277/75. L.N. 164/78. L.N. 89/79. L.N. 72/80. L.N. 90/81. L.N. 229/82. L.N. 102/83. 10 of 1986. L.N. 252/86. G.N.A. 132/60. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. 10 of 1986, s. 32(2). (Cap. 132, sub. leg.) First Schedule. Amendment of First Schedule. Licences to sell frozen confections. 10 of 1986, s. 32(2). (Cap. 132, sub. leg.) Bacteriological standard of frozen confections for sale. L.N. 252/86. Restriction on sale, etc. of imported frozen confection. 10 of 1986, s. 32(2). Frozen confections to be heat-treated before sale. 10 of 1986, s. 32(2). Precautions against contamination of frozen confections. Frozen confections other than soft ice cream to be kept below -2 Celsius. L.N. 132/70. Frozen confections not to be stored with other articles. Maintenance of refrigerators. Cleanliness of utensils. Storage of ice cream cones and wafers. Frozen confections not to be sold except in the manufacturer's containers. 10 of 1986, s. 32(2). (Cap. 132, sub. leg.) Hawkers of frozen confections to wear uniforms and display numbers. Frozen confections not to be manufactured except under licence. 10 of 1986, s. 32(2). (Cap. 132, sub. leg.) Application for licence. Conditions of grant of licence. (Cap. 123, sub. leg.) L.N. 89/79. Restriction on alterations or additions to licensed premises. Requirements as to heat-treatment apparatus. L.N. 103/65. Handling of frozen confections. Control of contents of frozen confections. (Cap. 132, sub. leg.) General cleanliness of premises and equipment. Sterilization of vessels and utensils. Restriction on smoking. Frozen confection factories not to be used for dwelling purpose. Prevention of contamination of frozen confections by contact with certain clothing. Spitting. Prevention vermin. Yards, alleys, etc. not to be used for manufacturing frozen confections. Cleansing of water tanks. General precautions against contamination of frozen confections. Soft ice cream containers to be marked with date and time of manufacture of ice cream therein. Restriction on employment of persons likely to spread disease. Immunization of staff against certain diseases. L.N. 229/82. L.N. 229/82. L.N. 164/78. General personal cleanliness. Prevention of supply of frozen confections to the danger of public health. 10 of 1986, s. 32(2). Keeping of report books. Fees. Second Schedule. 5 of 1961, s. 3. L.N. 102/83. Offences and penalties. L.N. 164/78. L.N. 164/78. Name in which proceedings for offences may be brought. L.N. 132/70. L.N. 132/70. L.N. 103/65. L.N. 102/83.

Abstract

G.N.A. 105/60. 5 of 1961. L.N. 103/65. L.N. 132/70. L.N. 277/75. L.N. 164/78. L.N. 89/79. L.N. 72/80. L.N. 90/81. L.N. 229/82. L.N. 102/83. 10 of 1986. L.N. 252/86. G.N.A. 132/60. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. 10 of 1986, s. 32(2). (Cap. 132, sub. leg.) First Schedule. Amendment of First Schedule. Licences to sell frozen confections. 10 of 1986, s. 32(2). (Cap. 132, sub. leg.) Bacteriological standard of frozen confections for sale. L.N. 252/86. Restriction on sale, etc. of imported frozen confection. 10 of 1986, s. 32(2). Frozen confections to be heat-treated before sale. 10 of 1986, s. 32(2). Precautions against contamination of frozen confections. Frozen confections other than soft ice cream to be kept below -2 Celsius. L.N. 132/70. Frozen confections not to be stored with other articles. Maintenance of refrigerators. Cleanliness of utensils. Storage of ice cream cones and wafers. Frozen confections not to be sold except in the manufacturer's containers. 10 of 1986, s. 32(2). (Cap. 132, sub. leg.) Hawkers of frozen confections to wear uniforms and display numbers. Frozen confections not to be manufactured except under licence. 10 of 1986, s. 32(2). (Cap. 132, sub. leg.) Application for licence. Conditions of grant of licence. (Cap. 123, sub. leg.) L.N. 89/79. Restriction on alterations or additions to licensed premises. Requirements as to heat-treatment apparatus. L.N. 103/65. Handling of frozen confections. Control of contents of frozen confections. (Cap. 132, sub. leg.) General cleanliness of premises and equipment. Sterilization of vessels and utensils. Restriction on smoking. Frozen confection factories not to be used for dwelling purpose. Prevention of contamination of frozen confections by contact with certain clothing. Spitting. Prevention vermin. Yards, alleys, etc. not to be used for manufacturing frozen confections. Cleansing of water tanks. General precautions against contamination of frozen confections. Soft ice cream containers to be marked with date and time of manufacture of ice cream therein. Restriction on employment of persons likely to spread disease. Immunization of staff against certain diseases. L.N. 229/82. L.N. 229/82. L.N. 164/78. General personal cleanliness. Prevention of supply of frozen confections to the danger of public health. 10 of 1986, s. 32(2). Keeping of report books. Fees. Second Schedule. 5 of 1961, s. 3. L.N. 102/83. Offences and penalties. L.N. 164/78. L.N. 164/78. Name in which proceedings for offences may be brought. L.N. 132/70. L.N. 132/70. L.N. 103/65. L.N. 102/83.

Identifier

https://oelawhk.lib.hku.hk/items/show/2590

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

15
]]>
Tue, 23 Aug 2011 18:08:56 +0800
<![CDATA[FROZEN CONFECTIONS (REGIONAL COUNCIL) BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/2589

Title

FROZEN CONFECTIONS (REGIONAL COUNCIL) BY-LAWS

Description






FROZEN CONFECTIONS (REGIONAL COUNCIL) BY-LAWS

ARRANGEMENT OF BY-LAWS

By-law PART I Page

FROZEN

CONFE
CTION

PRELIMINARY

1. Citation .................................. ... ... ... ... ... ... AB 3
2. Application ............................... ... --- ... ... ... ... ... AB 3
3. Interpretation.---......................... ... ... ... ... ... ... ... AB
3

PART 11

SALE OF FROZEN CONFECTIONS

4.....................Licences to sell frozen confections ... ... ... ... ... ... ... ... ... AB 3

5..............................Bacteriological standard of frozen confections for sale ... ... ... ... ... AB 4
6..............................Restriction on sale, etc. of imported frozen confections ... ... ... ... ... AB 4

7............................Frozen confections to be heat-treated before sale ... ... ... ... ... ... AB 4

8. Precautions against contamination of frozen confections ... ... ... .. ... AB 4

9. Frozen confections other than soft ice cream to be kept below -20 Celsius AB 4

10.............................Frozen confections not to be stored with other articles ... ... ... ... ... AB 4

11..................Maintenance of refrigerators ... ... ... . 1 . ... ... ... ... ... AB 4

12..............Cleanliness of utensils ..... ... ... ... ... ... ... ... ... ... ... ... AB 5

13.......................Storage of ice cream cones and wafers ... ... ... ... ... ... ... ... AB 5

14. Frozen confections not to be sold except in the manufacturer's containers AB 5

15....................................Hawkers of frozen confections to wear uniforms and display numbers ... ... AB 5

PART III

MANUFACTURE OF FROZEN CONFECTIONS

16.................................Frozen confections not to be manufactured except under licence ... ... ... AB 5

17..............Application for licence ... ~ . ... ... ... ... ... ... ... ... ... ... AB 5

18..................Conditions of grant of licence ... ... ... ... ... ... ... ... ... ... AB 6

19...............................Restriction on alterations or additions to licensed premises ... ... ... ... AB 7

20.........................Requirements as to heat-treatment apparatus ... ... ... ... ... ... ... AB 8

21..................Handling of frozen confections ... ... ... ... ... ... ... ... ... ... AB 8

22.......................Control of contents of frozen confections ... ... ... ... ... ... ... ... AB 8
23.......................General cleanliness of premises and equipment ... ... ... ... ... ... ...
AB 8







24....................Sterilization of vessels and utensils ... ... ... ... ... ... ... ... ... AB 8
25....................Restriction on smoking ... . 1 . ... --- ... ... ... ... ... AB 9

26..................................Frozen confection factories not to be used for dwelling purposes ... ... ... AB 9





By-law Page

27. Prevention of contamination of frozen confections by contact with certain clothing AR
9

28. Spitting ............................... ... ... ... ... ... ... ... ... AR 9

29...............Prevention of vermin .... ... ... ... ... ... ... ... ... ... ... --- AR 10

30.......................................Yards, alleys, etc. not to be used for manufacturing frozen confections ... AR 10

31,................Cleansing of water tanks ... ... ... ... ... ... ... ... ... ... ... AR 10

32...................................General precautions against contamination of frozen confections ... ... ... AR 10

33. Soft ice cream containers to be marked with date and time of manufacture

of ice cream therein ................. ... ... ... ... ... ... ... ... AR 11

PART IV

MISCELLANEOUS

34......................................Restriction on employrnent of persons likely to spread disease ... AR 11

35.........................Immunization of staff against certain diseases ... ... ... ... ... ... ... AR 11

36..................General personal cleanliness ... ... ... ... ... ... ... ... ... ... AR 12

37......................................Prevention of supply of frozen confections to the danger of public health ... AR 12

38................Keeping of report books ....... ... ... ... ... ... ... ... ... ... AR 12

39.....Fees ............................... ... ... ... ... ... ... ... ... ... AR 13

40..............Offences and penalties .... ... ... ... ... ... AR 13

41. Name in which proceedings for offences may be brought ... ... ... ... ... AR 14

First Schedule. Heat-treatment ... ... ... ... ... ... ... ... ... ... ... ... AR 14 Second Schedule. Fees ... ... ...
... ... ... ... ... ... ... ... ... ... ... AR 15





FROZEN CONFECTIONS (REGIONAL COUNCIL) BY-LAWS

(Cap. 132, section 56)

[1 July 1963.1

PART 1

PRELIMINARY

1. These by-laws may be cited as the Frozen Confections (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;

'disease' means any disease of a communicable nature;

frozen confection' means any confection commonly sold for human
consumption in a frozen or chilled state;

---foodbusiness' has the meaning assigned thereto in the Food
Business (Regional Council) By-laws;

'heat-treatment' means the processing of frozen confections in the
manner described in the First Schedule, and the expression 'to
heat-treat' shall be construed accordingly;

'ingredient', when used in relation to heat-treatment, includes sugar
and dried egg, but does not include colouring or flavouring
materials or fruit, nuts, chocolate and other similar substances;

'manufacture', in relation to frozen confections, includes the mixing of
any ingredients, any process of freezing and any process whereby
any frozen or partly frozen substance is inserted into containers or
is wrapped for sale.

PART 11

SALE OF FROZEN CONFECTIONS

4. No person shall sell, or offer or expose for sale, for human
consumption, or have in his possession for sale for human
consumption, any frozen confection save under and in accordance with
the permission in writing of the Council granted under by-law 30 of the
Food Business (Regional Council) By-laws.





5. No person shall sell, or offer or expose for sale, any frozen
confection that contains more than 50 000 bacteria per gram or more
than 100 coliform organisms per gram.

6. (1) No person shall sell, or offer or expose for sale, or advertise
for sale, any frozen confection imported into Hong Kong from a source
of manufacture other than a source of manufacture that has been
approved by the Council.

(2) For the purposes of this by-law, the Council shall not approve
any source of manufacture of frozen confections unless it is satisfied
that heat-treatment is included in the process of manufacture of the
frozen confections.

(3) In any proceedings for an offence under paragraph (1) in
relation to the publication of an advertisement, it shall be a defence for a
defendant to prove that, being a person whose business it is to publish,
or arrange for the publication of, advertisements, he received the
advertisement for publication in the ordinary course of business.

7.No person shall sell, or offer or expose for sale, for human

consumption, or have in his possession for sale for human consump-
tion, any frozen confection, other than red bean sherbet or
red bean popsicle that has not been heat-treated:

Provided that nothing in this by-law shall be construed to prevent
the sale, or offer or exposing for sale, of any frozen confection imported
into Hong Kong from a source of manufacture which has been
approved by the Council.

8. Every person in possession for the purpose of sale for human
consumption of any frozen confection shall take all reasonable and
proper precautions to prevent infection or contamination thereof.

9. No person shall keep any frozen confection intended for sale for
human consumption, other than ice cream of the kind commonly known
as soft ice cream, in any place the temperature of which exceeds - 2'
Celsius.

10. No person shall, in the course of any food business, keep any
frozen confections in storage in any refrigerating device that is used for
the storage of other articles.

11. Every refrigerating device used in the course of any food
business for the storage of frozen confections shall, at all times, be kept
in a clean condition and maintained in good order and repair.





12. Every utensil used in the course of any food business
for the purpose of serving or handling any frozen confection
shall be kept clean and, so far as may be, free from any risk of
contamination.

13. Every cone or wafer used, or intended to be used, in any
food business for the service of frozen confections shall, when
not actually in use or about to be used, be kept in a dust proof
container.

14. (1) No person shall sell, or offer or expose for sale, for
human consumption any frozen confection except in, or directly
from, the container into which it was inserted on the completion
of its manufacture.

(2) Paragraph (1) shall not apply to a frozen confection that
is sold for human consumption on premises in respect of which a
licence has been granted by the Council under the Food Business
(Regional Council) By-laws.

15. Every hawker of frozen confections, and every assistant,
servant or agent of any such hawker, shall, while engaged in the
hawking of frozen confections, be clothed in a clean uniform of
washable material made to a pattern approved by the Council, and
shall display on his person a number, which shall be allotted to
him by the Council.

PART 111

MANUFACTURE OF FROZEN CONFECTIONS

16. Save under and in accordance with a licence granted
by the Council under these by-laws and in such premises as
shall be specified in such licence, no person shall manufacture
any frozen confection or cause any frozen confection to be
manufactured:
Provided that this by-law shall not apply to a frozen con-
fection that is manufactured on premises in respect of which a
licence has been granted by the Council under the Food Business
(Regional Council) By-laws for consumption on those premises.

17. (1) Every application for such a licence shall be made in
writing to the Council and, subject to paragraph (2), shall be
accompanied by 3 copies of a plan, as nearly as may be to scale,
of the whole of that part of any premises in which the applicant
intends to manufacture any frozen confection, and such plan shall
include particulars of the following---
(a) sanitary fitments and ablution facilities;

(b)built in clothing lockers or cloakrooms, passageways or
open spaces (if any);





(c)rooms or other spaces (if any) for the exclusive use of
staff or employees;

(d) all means of exit, entry and internal communication;

(e)all windows or ducts providing ventilation or, where any
mechanical means of ventilation is provided, such means;

the siting of all furniture and fittings of a substantial and
permanent nature, including heat-treatment plant, cleans-
ing, refrigeration or cooling equipment, sterilization ma-
chinery or storage and packing equipment, and any fixed
sideboards, washbasins or sinks, water tanks or other like
articles;

(g) means of refuse storage or disposal; and

(h) the drainage system, including all inlets into the system.

(2) In the case of any premises in which the only process of
manufacture to be carried on is the freezing or part freezing of
already prepared ingredients of frozen confections and the insertion
thereof into containers at such premises for the purpose of sale for
immediate consumption, it shall be sufficient compliance with para-
graph (1) if the plan shows the siting, in relation to neighbouring
articles of furniture, fittings or equipment, of the machinery used
for such freezing or part freezing or such insertion or wrapping.

(3) Every copy of such plan, or any modification thereof, that
is approved by the Council shall be endorsed to that effect, and 1
copy shall be returned to the applicant and the remaining 2 copies
shall be retained by the Council.

18. (1) Subject to paragraph (2), no such licence shall be
granted unless the Council is satisfied in relation to the premises
in respect of which the application for the licence was made that-

(a)it has approved the plan referred to in by-law 17 and
the premises conform thereto;

(b)the means of ventilation that is provided, whether natural
or mechanical or partly natural and partly mechanical, is
sufficient in every part of the premises, other than any
part exclusively used for storage, to safeguard the health
in that respect of the maximum number of persons likely
to be engaged therein at any one time;

(c)sanitary fitments are provided to a standard not less than
that required by regulation 5 of the Building (Standards
of Sanitary Fitments, Plumbing, Drainage Works and
Latrines) Regulations;

(d)public mains water is laid on to the premises and a storage
tank is provided for such water that is of sufficient size,
having regard to the daily quantity of water likely to be
used upon the premises, and proof against access of dust
and mosquitoes:





Provided that, where the Council is satisfied that
public mains water cannot reasonably be laid on for all
or any purposes, the Council may in its discretion approve
such other water supply as, having regard to considera-
tions of public health, it considers adequate;
(e)in every part of the premises in which any frozen confec-
tion is manufactured-
(i) the floors and internal surfaces of the walls to a
height of not less than 2 m are surfaced with smooth, light
coloured, non-absorbent material and the junctions be-
tween the walls and floors are coved;
(ii) the ceilings are impervious to dust; and
(iii) the ceilings and those parts of such walls as are
not specified in sub-sub-paragraph (i) are limewashed or
painted a light colour;
sufficient ablution facilities are provided for the use of
persons employed therein, and that such ablution facilities
are conveniently situated having regard to the nature of
the work of such persons;
(g)sufficient and suitable cloakroom or locker accommoda-
tion, situated otherwise than in any part of the premises
in which any frozen confection is manufactured or stored,
is provided for the reception of outer garments and other
personal effects of persons employed therein;
(h)no fresh air intake to any ventilation pipe included in the
soil drainage system of the premises is situated in any part
of the premises in which any frozen confection is manu-
factured, and every inlet into any such system that is
situated in any such part of the premises is trapped.
(2) In the case of any premises in which the only process of
manufacture to be carried on is the freezing or part freezing of
already prepared ingredients of frozen confections and the insertion
thereof into containers at such premises for the purpose of sale for
immediate consumption, it shall be sufficient compliance with para-
graph (1) if the plan referred to in by-law 17 has been approved
by the Council.

19. After the grant 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 premises to which the licence
relates-
(a)any alteration or addition that would result in a material
deviation from the plan thereof approved under by-law
17; or
(b)any material alteration in respect of any of the matters
specified in by-law 17(1) as matters in respect of which
particulars must be included in the plan delivered pursuant
to that paragraph.





20. (1) Every such licensee shall cause any plant or apparatus
used by him for the heat-treatment of the mixture from which any
frozen confection is being manufactured to be equipped with one
or more self-registering thermometer devices to indicate and record
the temperature to which, and the length of time during which, the
frozen confection has been heated.

(2) The licensee shall not subject any frozen confection to
heat-treatment unless the apparatus used is of a type approved by
the Council.

(3) Every thermometer reading taken in pursuance of para-
graph (1) shall be recorded and the record retained by the licensee
for not less than 2 months, and shall be available for inspection at
all reasonable times by any health officer or health inspector.

21. No person engaged in the manufacture of any frozen con-
fection shall allow, or cause or permit any other person to allow,
the confection or any of the ingredients thereof to come into contact
with his hands or any other part of his body.

22. No person shall use for the purpose of manufacturing any
frozen confection-

(a)save with the permission in writing of the Council, any
water other than public mains water;

(b)any flavouring substance unless of a kind harmless to
human beings;

(c)any fruit, nuts or chocolate, or preparations derived there-
from, that are not of good quality, clean and free from
taint or rancidity;

(d)any colouring matter that is not a permitted colouring
matter within the meaning of the Colouring Matter in
Food Regulations.

23. Every such licensee shall, at all times, cause all parts
of the premises to which the licence relates, and all fittings and
equipment therein, to be maintained in proper repair and in a
clean condition and free from noxious matters, and shall cause the
floor of every part of such premises that is used for any process
in connexion with the manufacture of frozen confections to be
thoroughly cleansed with water not less than once in every 24 hours.

24. (1) No such licensee shall cause any vessel, container or
utensil to be used in any process in connexion with the manufac-
ture, storage or distribution of frozen confections unless it has been
thoroughly cleansed and subsequently sterilized with steam or clean
boiling water, or by such other method as the Council may permit
in writing, either generally or in any particular case, since the last
occasion upon which it was used or before it is first used, as the case
may be:





Provided that nothing in this paragraph shall be construed to
require any such vessel, container or utensil to be so cleansed or
sterilized during any period in which it is in continuous or nearly
continuous use.

(2) All parts of any heat-treatment machinery shall, at all
times, be kept in a clean condition, and every part thereof that is
liable to come into contact with any frozen confection during heat-
treatment shall, as often as may be necessary, be washed with clean
water or a suitable detergent (in which case it shall be rinsed with
clean water after it has been washed with the detergent), and then
sterilized with steam or boiling water or by such other method as
the Council may permit in writing, either generally or in any
particular case.

25. No person shall smoke while engaged in any process in
connexion with the manufacture of frozen confections or in the
sale of frozen confections except such confections as are sold in
containers or wrappers and so enclosed as to exclude all risk of
contamination.

26. No person shall use, or suffer any other person to use, for
dwelling purposes any part of any premises in which any process in
connexion with the manufacture of frozen confections is carried on.

27. No person shall hang up, or otherwise keep, or suffer any
other person to hang up or otherwise keep, whether temporarily or
permanently, any clothing, bedding or personal effects in any part
of any premises in which any process in connexion with the manu-
facture of frozen confections is carried on.

28. (1) In any premises in which the manufacture of frozen
confections is carried on-

(a)no person shall spit in any part of the premises in which
any process in connexion with the manufacture of such
confections is carried on; and

(b)no person shall spit in any other part of the premises
except into a spittoon or other receptacle provided for the
purpose.

(2) Where spittoons or other receptacles are provided, the
licensee 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 such licensee shall cause one or more notices, prohibiting
spitting and written in English and Chinese, to be continuously





displayed in a conspicuous manner in every part of the premises
in which any process in connexion with the manufacture of frozen
confections is carried on.

29. (1) Save where exempted in writing by the Council, every
such licensee shall cause every hollow space, crevice or other place
in any premises used by him for the manufacture or storage of
frozen confections, that is likely to harbour vermin or to constitute
a means of access for vermin, to be eliminated or scaled off.

(2) No person shall place, or suffer to be placed or to remain
placed, any furniture or equipment, other than such as may be
moved without difficulty by one man, so near to any wall of
any premises in which frozen confections are manufactured as to
obstruct access to any part of such wall, or such furniture or
equipment, for the purpose of the cleaning of the same.

(3) No person shall knowingly suffer the existence of any
vermin in any part of any premises in which frozen confections
are manufactured.

30. No person shall use, or suffer to be used, any yard,
alley, open space or roof top for manufacturing or storing frozen
confections.

31. (1) Every such licensee shall-

(a)cause the inside of every water tank or container provided
for the storage of water on any premises used by him for
manufacturing frozen confections to be cleansed in the
months of March, June, September and December in each
year by scrubbing out the same with a solution of not
less than fifty parts of chlorine in one million parts of
water; and

(b)cause the date upon which such cleansing was last carried
out to be recorded in a conspicuous manner upon each
such water tank or container.

(2) Without prejudice to the provisions of paragraph (1),
any health officer or health inspector may serve upon such licensee
a notice requiring him to cause any such water tank or container
to be cleansed in such manner and within such time as may be
specified in the notice.

32. Without prejudice to anything contained in these by-laws,
every such licensee shall take all reasonable and proper precautions
in and in connexion with the manufacture of frozen confections,
including the distribution or other handling thereof, to prevent
contamination.





33. Every person who has manufactured any ice cream of the kind
commonly known as soft ice cream shall mark, or cause to be marked,
each container in which the same is stored by him with the date on
which the same was manufactured and the time at which the
manufacture thereof was completed.

PART IV

MISCELLANEOUS

34. (1) No person suffering from a discharging wound or sore or
from a discharge of the ear or from attacks of vomiting or diarrhoea or
from a sore throat shall take any part in the manufacture or handling of
any frozen confection in any food business:

Provided that a health officer may issue a certificate to any such
person exempting him from this paragraph in any case in which such
health officer is satisfied that no danger to the public health is involved.

(2) Any person who is employed or working in any food business
involving the manufacture or handling of frozen confections shall, if so
required in writing by a health officer, submit himself to medical
examination at such time and at such place as such health officer may
direct and, if after such medical examination, a health officer is satisfied
that such person is suffering from any communicable disease, or is
likely to communicate to any other person any communicable disease,
such last mentioned health officer may notify such person in writing to
that effect, and such person shall forthwith cease to be employed or to
work in such food business or in any other such food business.

(3) A notification given under paragraph (2) shall continue in force
until it is cancelled by a further notice in writing by a health officer
declaring such first mentioned notice to be cancelled.

(4) No person shall cause, or suffer or permit, any person, other
than a person who has been duly exempted from paragraph (1), Whom
he knows or has reason to believe to be suffering from any of the
complaints specified in that paragraph, to be employed or work in any
food business involving the manufacture or handling of frozen
confections.

(5) No person shall cause, or suffer or permit, any person in respect
of whom he knows or has reason to believe that a notice given under
paragraph (2) is in force to be so employed or so to work.

35. (1) No person shall be employed or work in any food business
involving the manufacture or handling of frozen confections unless he
has been immunized in accordance with such of the requirements of a
notification under paragraph (2) as apply to him.





(2) The Council may from time to time by notification published in
the Gazette require persons employed or working in any food business
involving the manufacture or handling of frozen confections to be
immunized against such diseases as may be specified in such
notification.

(3) No person shall employ in any food business involving the
manufacture or handling of frozen confections any person whom he
knows or has reason to believe has not been immunized in accordance
with paragraph (1) or a notification under paragraph (2).

36. Without prejudice to anything contained in these by-laws,
every person who, for the purposes of any food business, takes any
part in the manufacture or handling of frozen confections shall, while so
taking part

(a)keep all parts of his person and of his outer garments as clean
as may be reasonably practicable; and

(b)keep any open cut or abrasion on any exposed part of his
person covered with a suitable waterproof dressing.

37. (1) If any health officer or health inspector is of the opinion that
infectious or other disease is caused, or is likely to be caused, by the
consumption of frozen confections derived from any particular source,
premises or manufacturing plant or that the public health is likely to be
endangered by the act or default of any purveyor of frozen confections
or his servants or agents, such health officer or health inspector may, by
notice in writing, direct that the supply, distribution or sale of such
frozen confections shall be terminated or restricted for such period and
subject to such conditions as may be specified in the direction.

(2) Any person who considers himself aggrieved by any direction
given under paragraph (1) may, within 14 days after the giving of the
same, appeal by way of petition to the Governor in Council
and upon any such appeal the governor in Council shall confirm
vary or if it has not already been withdrawn, cancel the direction.


(3) In any case in which the Governor In Council is satisfied

that the direction ought not to have been given, he may order
payment to the appellant by way of compensation of such sum,
if any, as, having regard to all the circumstances, he may consider
just.

(4) Every such payment shall be made out of the general revenue
of Hong Kong.

38. (1) The Council may provide, for use in any food business
involving the manufacture or sale of frozen confections, a report book
or form for the use of health officers and health inspectors visiting the
premises.





(2) Where any such book or form has been provided, the licensee
or proprietor, as the case may be, of such business shall, at all times,
cause such book or form to be kept in such a place as to be immediately
available for use by any such health officer or health inspector.

(3) No person shall destroy any such book or form or alter or
obliterate any entry made therein.

39. (1) Every licence granted under the provisions of Part 111 shall
be renewable on 1 October in each year.

(2) Every such licence shall be granted or renewed upon payment
of the appropriate fee prescribed in the Second Schedule:

Provided that, where the licence is granted on or after 1 April in
any year, the fee payable in respect of the grant thereof shall be one half
of the fee so prescribed.

(3) Where the Council is satisfied that any such licence has

been lost or destroyed, it may, upon payment of a fee of $60, issue
a duplicate thereof.
40. (1) A person commits an offence who-

(a)contravenes by-law 4, 5, 6(1), 7, 8, 9, 10, 11, 12, 13, 14(1), 15, 16,
19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31(1), 32, 33, 34(1), (4)
or (5), 35(1) or (3), 36 or 38(2) or (3);

(b)fails to comply with any of the requirements of a notice served
upon him under by-law 31(2);

(c)being a person employed or working in any food business
involving the manufacture or handling of frozen confections,
fails

(i) to submit himself to medical examination when required
to do so under by-law 34(2); or

(ii) to cease to be employed or to work in any such
business when required to do so by that paragraph;

(d)fails to comply with any of the requirements of a notification
published in the Gazette under by-law 35(2);

(e)fails to comply with any direction given under by-law 37(1),
unless the same has been varied or cancelled by the Governor
in Council under paragraph (2) of that by-law; or

where any direction given under by-law 37(1) has been varied
by the Governor in Council under paragraph (2) of that by-
law, fails to comply with such direction as so varied.





(2) A person who is guilty of an offence under these by-laws shall
be liable on summary conviction to a fine and imprisonment as follows
and, where the offence is a continuing offence, to an additional fine as
follows for each day during which it is proved to the satisfaction of the
court that the offence has continued

(a) in the case of an offence under by-law 4 or 16 a fine
of
imprisonment for 6 months and $250 for
each
day as aforesaid; and


(b) in the case of any other offence mentioned in paragraph (1)
imprisonment

a fine of $2,000, , imprisonment for 3 months and $50 for each
day as aforesaid. ;

41. 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.

FIRST SCHEDULE [by-law 3.1

HEAT-TREATMENT

The following provisions shall apply to the heat-treatment of frozen
confections after the mixing together of the ingredients

(1) The mixture shall not be kept for any period exceeding 1 hour at a
temperature greater than 71 Celsius before such mixture is subjected to
heattreatment by one of the following methods

(a)the mixture shall be raised to and kept at a temperature of not less than
66' Celsius for not less than 30 minutes: or

(b)the mixture shall be raised to and kept at a temperature of not less than 7
1 ' Celsius for not less than 10 minutes; or

(c)the mixture shall be raised to and kept at a temperature of not less than
79' Celsius for not less than 15 seconds.

(2) After the mixture has been subjected to heat-treatment in any of the ways
above described, it shall be reduced to a temperature of not more than 7' Celsius
within one and a half hours after the commencement of the reduction of
temperature and shall be kept at a temperature lower than 71 Celsius until frozen.

(3) Where the method described in paragraph (1)(c) is used for the
heattreatment of any frozen confection, the apparatus employed shall be
thermostatically controlled and shall be fitted with a positive displacement pump
which shall serve to maintain the flow of the mixture, during its retention at the
prescribed temperature, at an even rate and shall be equipped with an automatic
device to divert the flow of any mixture which has not been retained at the
requisite temperature for the requisite period of lime.





SECOND SCHEDULE [by-law 39(2).]
FEES

Size of Premises by reference to floor area Fee

Exceeding Not exceeding
M2

100........................................................................................... 1,020

100 150............................................. ............... 1,275

150 200................................... . .............. 1,785

200 250.........................................
..............
2,295

250 300................................................. ............................. 2,805
300 350.................................................... .
3,315

350 400..........................................................
........................
3,825
400 450................................................

.............. ................... 4,335

450 500................................................... ........
.........................4,845
500 600................................ ------ ........ 5,610

600 700................................................ ............. 6,630
........................*
700 800................................................

........................ 7,650

SECOND

Prem
~~

800 900...........................................
................................... 8,670
900 1 000.............................. ......................................... .....
9,690
1000 2000..................................... .................
15 300

3000................................................................................... 500

2000 ..........................25,

3000 4000 ........................
35:9700

4000 5000 ...................\45 00
5000
.................................................................................................. 1,000






L.N. 65/63. L.N. 115/67. L.N. 126/70. L.N. 153/76. L.N. 182/78. L.N. 89/79. L.N. 131/82. L.N. 165/82. L.N. 210/83. L.N. 67/85. 10 of 1986. L.N. 253/86. Citation. 10 of 1986, s. 32(2). Interpretation. 10 of 1986, s. 32(2). (Cap. 132, sub. leg.) First Schedule. Licences to sell frozen confections. 10 of 1986, s. 32(2). (Cap. 132, sub. leg.) Bacteriological standard of frozen confections for sale. L.N. 253/86. Restriction on sale, etc. of imported frozen confections. 10 of 1986, s. 32(2). Frozen confections to be heat-treated before sale. 10 of 1986, s. 32(2). Precautions against contamination of frozen confections. Frozen confections other than soft ice cream to be kept below -2 Celsius. L.N. 126/70. Frozen confections not to be stored with other articles. Maintenance of refrigerators. Cleanliness of utensils. Storage of ice cream cones and wafers. Frozen confections not to be sold except in the manufacturer's containers. 10 of 1986, s. 32(2). (Cap. 132, sub. leg.) Hawkers of frozen confections to wear uniforms and display numbers. 10 of 1986, s. 32(2). Frozen confections not to be manufactured except under licence. 10 of 1986, s. 32(2). (Cap. 132, sub. leg.) Application for licence. 10 of 1986, s. 32(2). 10 of 1986, s. 32(2). Conditions of grant of licence. 10 of 1986, s. 32(2). (Cap. 123, sub. leg.) 10 of 1986, s. 32(2). L.N. 89/79. 10 of 1986, s. 32(2). Restriction on alterations or additions to licensed premises. 10 of 1986, s. 32(2). Requirements as to heat-treatment apparatus. L.N. 115/67. 10 of 1986, s. 32(2). Handing of frozen confections. Control of contents of frozen confections. 10 of 1986, s. 32(2). (Cap. 132, sub. leg.) General cleanliness of premises and equipment. Sterilization of vessels and utensils. 10 of 1986, s. 32(2). 10 of 1986, s. 32(2). Restriction on smoking. Frozen confection factories not to be used for dwelling purpose. Prevention of contamination of frozen confections by contact with certain clothing. Spitting. 10 of 1986, s. 32(2). Prevention of vermin. 10 of 1986, s. 32(2). Yards, alleys, etc. not to be used for manufacturing frozen confections. Cleansing of water tanks. General precautions against contamination of frozen confection. 10 of 1986, s. 32(2). Soft ice cream containers to be marked with date and time of manufacture of ice cream therein. Restriction on employment of persons likely to spread disease. Immunization of staff against certain diseases. L.N. 165/82. 10 of 1986, s. 32(2). L.N. 165/82. L.N. 182/78. General personal cleanliness. 10 of 1986, s. 32(2). Prevention of supply of frozen confections to the danger of public health. 10 of 1986, s. 32(2). Keeping of report books. 10 of 1986, s. 32(2). Fees. Second Schedule. 10 of 1986, s. 32(2). L.N. 210/83. Offences and penalties. L.N. 182/78. 10 of 1986, s. 32(2). L.N. 182/78. 10 of 1986, s. 32(2). Name in which proceedings for offences may be brought. 10 of 1986, s. 32(2). L.N. 126/70. L.N. 126/70. L.N. 115/67. L.N. 210/83.

Abstract

L.N. 65/63. L.N. 115/67. L.N. 126/70. L.N. 153/76. L.N. 182/78. L.N. 89/79. L.N. 131/82. L.N. 165/82. L.N. 210/83. L.N. 67/85. 10 of 1986. L.N. 253/86. Citation. 10 of 1986, s. 32(2). Interpretation. 10 of 1986, s. 32(2). (Cap. 132, sub. leg.) First Schedule. Licences to sell frozen confections. 10 of 1986, s. 32(2). (Cap. 132, sub. leg.) Bacteriological standard of frozen confections for sale. L.N. 253/86. Restriction on sale, etc. of imported frozen confections. 10 of 1986, s. 32(2). Frozen confections to be heat-treated before sale. 10 of 1986, s. 32(2). Precautions against contamination of frozen confections. Frozen confections other than soft ice cream to be kept below -2 Celsius. L.N. 126/70. Frozen confections not to be stored with other articles. Maintenance of refrigerators. Cleanliness of utensils. Storage of ice cream cones and wafers. Frozen confections not to be sold except in the manufacturer's containers. 10 of 1986, s. 32(2). (Cap. 132, sub. leg.) Hawkers of frozen confections to wear uniforms and display numbers. 10 of 1986, s. 32(2). Frozen confections not to be manufactured except under licence. 10 of 1986, s. 32(2). (Cap. 132, sub. leg.) Application for licence. 10 of 1986, s. 32(2). 10 of 1986, s. 32(2). Conditions of grant of licence. 10 of 1986, s. 32(2). (Cap. 123, sub. leg.) 10 of 1986, s. 32(2). L.N. 89/79. 10 of 1986, s. 32(2). Restriction on alterations or additions to licensed premises. 10 of 1986, s. 32(2). Requirements as to heat-treatment apparatus. L.N. 115/67. 10 of 1986, s. 32(2). Handing of frozen confections. Control of contents of frozen confections. 10 of 1986, s. 32(2). (Cap. 132, sub. leg.) General cleanliness of premises and equipment. Sterilization of vessels and utensils. 10 of 1986, s. 32(2). 10 of 1986, s. 32(2). Restriction on smoking. Frozen confection factories not to be used for dwelling purpose. Prevention of contamination of frozen confections by contact with certain clothing. Spitting. 10 of 1986, s. 32(2). Prevention of vermin. 10 of 1986, s. 32(2). Yards, alleys, etc. not to be used for manufacturing frozen confections. Cleansing of water tanks. General precautions against contamination of frozen confection. 10 of 1986, s. 32(2). Soft ice cream containers to be marked with date and time of manufacture of ice cream therein. Restriction on employment of persons likely to spread disease. Immunization of staff against certain diseases. L.N. 165/82. 10 of 1986, s. 32(2). L.N. 165/82. L.N. 182/78. General personal cleanliness. 10 of 1986, s. 32(2). Prevention of supply of frozen confections to the danger of public health. 10 of 1986, s. 32(2). Keeping of report books. 10 of 1986, s. 32(2). Fees. Second Schedule. 10 of 1986, s. 32(2). L.N. 210/83. Offences and penalties. L.N. 182/78. 10 of 1986, s. 32(2). L.N. 182/78. 10 of 1986, s. 32(2). Name in which proceedings for offences may be brought. 10 of 1986, s. 32(2). L.N. 126/70. L.N. 126/70. L.N. 115/67. L.N. 210/83.

Identifier

https://oelawhk.lib.hku.hk/items/show/2589

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

15
]]>
Tue, 23 Aug 2011 18:08:55 +0800
<![CDATA[FOOD BUSINESS (URBAN COUNCIL) BY-LAWS (EXEMPTION FROM BY-LAW 32(1)) (CONSOLIDATION) NOTICE]]> https://oelawhk.lib.hku.hk/items/show/2588

Title

FOOD BUSINESS (URBAN COUNCIL) BY-LAWS (EXEMPTION FROM BY-LAW 32(1)) (CONSOLIDATION) NOTICE

Description






FOOD BUSINESS (URBAN COUNCIL) BY-LAWS
(EXEMPTION FROM BY-LAW 32(1)) (CONSOLIDATION)
NOTICE

(Food Business (Urban Council) By-laws, by law 32(7))

[15 December 1978.1

1. This notice may be cited as the Food Business (Urban Council)
By-laws (Exemption from By-law 32(1)) (Consolidation) Notice.

2. Any person who-

(a) carries on the business of bottling or canning edible oil; or

(b)carries on the business of a restaurant selling cooked food or
light refreshments or of a siu mei and lo mei shop, and does
so in a public market in a stall which he holds under a tenancy
agreement with the Urban Council; or

(c)carries on the business of sorting, sifting, drying or repacking
of tea,

is hereby exempted, to the extent of such business, from the obligation
to hold a food business licence under by-law 32(1) of the Food
Business (Urban Council) By-laws.
L.N. 299/78. L.N. 18/79. L.N. 106/84. 10 of 1986. Citation. 10 of 1986, s. 32(2). Exemptions from by-law 32(1). L.N. 18/79. L.N. 106/84. (Cap. 132, sub. leg.)

Abstract

L.N. 299/78. L.N. 18/79. L.N. 106/84. 10 of 1986. Citation. 10 of 1986, s. 32(2). Exemptions from by-law 32(1). L.N. 18/79. L.N. 106/84. (Cap. 132, sub. leg.)

Identifier

https://oelawhk.lib.hku.hk/items/show/2588

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

1
]]>
Tue, 23 Aug 2011 18:08:54 +0800
<![CDATA[FOOD BUSINESS (REGIONAL COUNCIL) BY-LAWS (EXEMPTION FROM BY-LAW 31(1)) (CONSOLIDATION) NOTICE]]> https://oelawhk.lib.hku.hk/items/show/2587

Title

FOOD BUSINESS (REGIONAL COUNCIL) BY-LAWS (EXEMPTION FROM BY-LAW 31(1)) (CONSOLIDATION) NOTICE

Description






FOOD BUSINESS (REGIONAL COUNCIL) BY-LAWS
(EXEMPTION FROM BY-LAW 31(1))
(CONSOLIDATION) NOTICE

(Food Business (Regional Council) By-laws, by-law 31(7))

[19 January 1979.]

1. This notice may be cited as the Food Business (Regional
Council) By-laws (Exemption from By-law 31(1)) (Consolidation) Notice.

2. Any person who-

(a) carries on the business of bottling or canning edible oil; or

(b)carries on the business of a restaurant or of a siu mei and lo
mei shop, and does so in

(i) a public market in a stall which he holds under a tenancy
agreement with the Regional Council, or

(ii) a private market as a licensed stallholder under the
Private Markets (Regional Council) By-laws; or

(c)carries on the business of sorting, sifting, drying or repacking
of tea,

is hereby exempted, to . the extent of such business, from the obligation
to hold a food business licence under by-law 31(1) of the Food Business
(Regional Council) By-laws.
L.N. 17/79. L.N. 47/79. L.N. 105/84. L.N. 70/85. 10 of 1986. Citation. 10 of 1986, s. 32(2). Exemptions from by-law 31(1). L.N. 17/79. L.N. 47/79. L.N. 70/85. 10 of 1986, s. 32(2). (Cap. 132, sub. leg.) L.N. 105/84.

Abstract

L.N. 17/79. L.N. 47/79. L.N. 105/84. L.N. 70/85. 10 of 1986. Citation. 10 of 1986, s. 32(2). Exemptions from by-law 31(1). L.N. 17/79. L.N. 47/79. L.N. 70/85. 10 of 1986, s. 32(2). (Cap. 132, sub. leg.) L.N. 105/84.

Identifier

https://oelawhk.lib.hku.hk/items/show/2587

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

1
]]>
Tue, 23 Aug 2011 18:08:54 +0800
<![CDATA[FOOD BUSINESS (URBAN COUNCIL) BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/2586

Title

FOOD BUSINESS (URBAN COUNCIL) BY-LAWS

Description






FOOD BUSINESS (URBAN COUNCIL) BY-LAWS

ARRANGEMENT OF BY-LAWS

By-law Page

PART I

PRELIMINAR
Y

1........Citation ............................ ... ... ... ... ... ... ... ... ... Y 3
2........Application ......................... ... ... ... ... ... ... ... ... ... Y 3
3........Interpretation ................... ... ... ... ... ... ... ... ... ... ...
V 3

4...................Interpretation of food business ... ... ... ... ... ... ... ...

PART II

GENERAL REQUIREMENTS RELATING TO FOOD
BUSINESSES

5.......................Cleanliness and repair of food premises ... ... ... ... ... ... ... V 6

6...................Cleanliness of equipment, etc . ... ... ... ... ... ... ... ... ... ... Y 6

7................................Prohibition of preparation of food in domestic premises ... ... ... ... Y 6

7A.................................Prohibition of non-permitted colouring matter on food premises ... ... ... Y 7

8..............................Prohibition of use of food rooms for dwelling purposes ... ... ... ... ... V 7

9.....................Restriction on spitting ... ... ... ... ... ... ... ... ... Y 7

10...........................Protection of food from risk of contamination ... ... ... ... ... ... Y 7

11..............Storage of open food .......... ... ... ... ... ... ... ... ... ... ... Y 7

12................Transport of open food ........ ... ... ... ... ... ... ... ... ... ... Y 8

13. Restriction on the use of open spaces ... ... ... ... ... ... ... ... ... Y 8

14..................Use of wet refrigerators, etc. ... ... ... ... ... ... ... ... ... ... Y 8

15. Cleanliness and repair of food rooms ... ... ... ... ... ... ... ... ... Y 8
16. Accumulation of refuse in food rooms ... ... ... ... ... ... ... ... ... Y 9

17......................................Certain tables, etc. to be surfaced with hardwood or impervious material ... Y 9

is...........................Prevention of lying or sitting on certain tables, etc . ... ... ... ... ... ... Y 9

19....................Sterilization and storage of utensils ... ... ... ... ... ... ... ... ... Y 9

20................Cleansing of napkins, etc . ... ... ... ... ... ... ... ... ... ... ... Y 9

21. Prevention of contamination by contact with clothing ... ... ... ... ... ... Y 9

22..............Personal cleanliness .......... ... ... ... ... ... ... ... ... ... ... Y 10

23. Immunization of persons engaged in food businesses against certain diseases ... Y 10

24. Prohibition of employment in food businesses of persons not immunized against

certain diseases ......................... ... ... ... ... ... ... ... Y 10







25. Restriction on employment of persons likely to spread diseases Y 11
26. Inspection books, etc . Y11

27. [Cancelled] ... ... ... ... ... ... ... ... ... ... Y12

28. Horse flesh to be labelled as such Y12
29. Prohibition against the collection of shell fish in certain places Y12





By-law Page

PART 111

PROHIBITED AND RESTRICTED FOODS

30. Prohibition of the sale, etc. of articles specified in the First Schedule ... ... ... Y 12
31. Restriction on the sale, etc. of articles specified in the Second Schedule ... ... Y 12

PART IV

LICENSING OF CERTAIN FOOD BUSINESSES

32..................Licensing of food businesses ... ... ... ... ... ... ... ... ... ... Y 14

33..............Application for licence ...... ... ... ... ... ... ... ... ... ... ... ... Y 16

34..................Conditions for issue of licence ... ... ... ... ... ... ... ... ... ... Y 17

34A. Additional requirement for issue of licence for siu mei and lo mei shops ... ... Y 19

34B......................Compliance with fire safety requirements ... ... ... ... ... ... ... ... Y 19

35....................................Restriction on alteration of premises or fittings after grant of licence ... ... Y 19

PART V

OFFENCES AND MISCELLANEOUS

36..............Offences and penalties ..... ... ... ... ... ... ... ... ... ... ... ... Y 19

37................................Name in which proceedings for offences may be brought ... ... ... ... Y20

First Schedule- Prohibited Foods ............... ... ... . ... ... ... ... Y 20
Second Schedule. Restricted Foods .............. ... ... ... ... ... ... ... ... Y 20
Third Schedule. Licensing Fees .............. ... ... ... ... . 1 . ... ... Y 21

Fourth Schedule. Apportionment of Space in Restaurants ... ... ... ... ... ... Y 24

Fifth Schedule. Apportionment of Space in Restaurants and Factory Canteens ... ... Y 24





FOOD BUSINESS (URBAN COUNCIL) BY-LAWS
(Cap. 132, section 56)

[11 November 1960]

PART I

PRELIMINARY

1. These by-laws may be cited as the Food Business (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 requires

,lair conditioning plant' includes any kind of mechanical ventilation
system which contains a device for reducing or increasing the
temperature of the air in any building, or any part thereof, below or
above the temperature of the external air;

'bottled' means contained in an unopened hermetically sealed bottle,
tin or container;

'Council' means the Urban Council;

'food business' has the meaning assigned to it in by-law 4;

'food premises' means any premises on or from which there is carried
on any food business, and the expression 'premises' includes a
vessel and a stall;

'food room' means any room, (being, or being part of, any food
premises) where any person engages in the handling of open food
or in the cleaning of equipment for the purposes of a food
business, but does not include a room in which the only handling
of food which occurs is in the course of serving food for
consumption therein;





Iatrine fitment and 'Iatrine' have the meaning assigned to them by
regulation 2 of the Building (Standards of Sanitary Fitments,
Plumbing, Drainage Works and Latrines) Regulations;

'meat' means the flesh of

(a) cattle (including buffaloes), goats, sheep and swine; and

(b)horses, mules, hinnies and donkeys, if the same is intended for
human consumption;

,,open food' means

(a) uncooked perishable food; and

(b)food which is not contained in a container of such materials,
and so closed, as to exclude all risk of contamination,

but does not include raw vegetables and uncut fruit or any food
which has to be subjected to a process of milling; refining or
cooking (other than food specified in paragraph (a) and food in the
course of preparation) for the purpose of rendering it fit for human
consumption;

'preparation', in relation to food, includes manufacture and any form of
cooking or other treatment or preparation for sale;

'proprietor means the owner of, or the person for the time being
appearing to have charge of, a food business, and, in the case of a
licensed food business, the licensee thereof;

',sanitary fitment includes any kind of ablution or sanitary facility;

',shell fish' means molluscs and crustaceans;

'soil drain' means any pipe or gutter which receives soil matter or which
receives waste from a sanitary fitment;

,,soil fitment' has the meaning assigned to it by regulation 2 of the
Building (Standards of Sanitary Fitments, Plumbing, Drainage
Works and Latrines) Regulations;

',stall' includes any stand, marquee or mobile canteen, and any vehicle
whether movable or not, which is used for the sale of food;

-vending machine' means a coin-operated automatic vending machine.

(2) A person shall be deemed for the purposes of these by-laws to
engage in the handling of food if, for the purposes of a food business,
he carries out or assists in the carrying out of any process or operation
in or in connexion with the sale of food or in the preparation, transport,
storage, packing, wrapping, exposure for sale, service, or delivery of
food.

(3) For the purposes of these by-laws, the supply of food,
otherwise than by sale at, in or from any place where food is supplied in
the course of a business shall be deemed to be a sale of





that food, and references to purchasing and purchasers shall be
construed accordingly, and, where in connection with any business in
the course of which food is supplied the place where food is served to
the customers is different from the place where the food is prepared,
both those places shall be deemed to be places in which food is sold.

(4) In determining for the purposes of these by-laws whether
any matter involves risk of contamination to any food, regard shall
be had to the extent to which contamination in the respect in
question is immaterial because of-

(a) the nature of the food;

(b) the manner in which the food is packed; or

(c)any process to which the food is to be subjected before sale
to the consumer, being a process to which food of that
nature is normally so subjected.

4. (1) In these by-laws, unless the context otherwise requires,
the expression 'food business' means, subject to the succeeding
provisions of this by-law, any trade or business for the purpose of
which any person engages in the handling of food or food is sold by
means of a vending machine.

(2) The said expression does not include any agricultural
activity, any canteen in any naval, military or air force establishment
or provided in any school or work place (other than a factory
canteen referred to in by-law 32) for the use exclusively of the
pupils of the school and the persons employed in the work place,
respectively, any club or (except so far as the handling of food may
be involved in the course of a retail business or in the course of
supplying food for immediate consumption) so much of any trade or
business as consists of the handling of food at, in or upon-

(a) any dock or wharf,

(b)except in the case of any business involving the transport
of meat, whether cooked or uncooked, any premises or
place occupied by a carrier of goods for the purposes of his
trade as such a carrier;

(c) any slaughterhouse;

(d)any premises or place occupied by a wholesaler of raw
vegetables and used exclusively for the purpose of his trade
or business as such a wholesaler;

(e) any premises which are-
(i) used exclusively for the storage of food manufac-
tured and packed by the occupier thereof, and
(ii) situated outside the curtilage of the premises used
for the manufacture or packing of that food; and
(iii) not used for the storage of any open food; or

any warehouse, other than a warehouse in which articles of
food are stored under refrigeration.





PART 11

GENERAL REQUIREMENTS RELATING TO FOOD 'BUSINESSES

5. (1) Every person who carries on any food business shall,
at all times, cause the walls, floors, doors, windows, ceiling, wood-
work and all other parts of the structure of any food premises used
by him in the course of such food business to be kept clean and free
from noxious matters, and to be kept in such good order, repair and
condition as to-
(a) enable them to be effectively cleaned; and
(b)prevent, so far as is reasonably practicable, infestation by
rats, mice and insects and the entry of birds.
(2) No person engaged in any food business shall place, or
permit to be placed or to remain placed, any furniture or equipment,
other than such as can be moved without difficulty by one man, so
near to any wall in any food premises as to obstruct access to any
part of such wall, or such furniture or equipment, for the purpose of
the cleaning of the same.
(3) No person engaged in any food business shall knowingly
suffer or permit-
(a)in any food premises, the presence of rats, mice or insects;
or
(b) in any food room, the presence of live birds or animals.
(4) If it appears to the Council on the report of any health
officer or any health inspector that any food premises, or any part
thereof, are or is, by reason of uncleanliness or structural repair or
condition, in such a state as to be unfit for use in any food business,
the Council may cause a notice to be served upon the proprietor of
such food business requiring him to cleanse, disinfest, limewash,
repair or modify such food premises, or such part thereof, in such
manner and within such time as may be specified in the notice and
as may, in the opinion of the Council, be necessary to render such
premises or such part thereof fit for use as food premises.
(5) Where any proprietor fails to comply with any of the
requirements of a notice served under paragraph (4), the Council
may cause such work as may be necessary to comply with the
requirements of the notice to be carried out, and may recover any
expenses incurred thereby from the proprietor.

6. Every person who carries on any food business shall, at
all times' * cause all furniture, articles, equipment and utensils with
which food comes into contact, or is liable to come into contact, in
the course of such business to be kept clean and free from noxious
matters and in proper repair and free from cracks or chipping.

7. No person shall, for the purposes of any food business,
give out any food, or arrange for or permit the giving out of any
food, for preparation or packing by another person on or about any
domestic premises.





7A. (1) No person engaged in any food business shall place or
store or cause or permit to be placed or stored on any food premises
any colouring matter for use in food which is not a permitted
colouring matter.

(2) In this by-law, 'permitted colouring matter' means any
colouring matter, or a combination of more than one thereof,
specified in the First Schedule to the Colouring Matter in Food
Regulations.

8. (1) No person shall use, or permit the use of, any food
room for the purpose of a dwelling place.

(2) No person shall use, or permit the use of, any dwelling
place as a food room.

9. (1) No person shall spit in any food room, and no person
shall spit in any other part of any food premises except into a
spittoon or other receptacle provided for that purpose.

(2) Where the proprietor of any food business provides in any
food premises spittoons or other receptacles, he shall cause each
such spittoon or receptacle to contain disinfectant fluid and to be
cleansed, and the fluid renewed, not less than once in every 24 hours.

(3) In the case of any food business in respect of which a
licence is required under the provisions of Part IV, the proprietor
thereof shall, unless exempted in writing by the Council, cause one
or more notices, prohibiting spitting and written in English and
Chinese, to be continuously displayed in a conspicuous manner in
every food premises.

10. Every person engaged in any food business shall, while so
engaged, take all such steps as may be reasonably necessary to
protect the food from risk of contamination and deterioration, and,
in particular and without prejudice to the generality of the foregoing,
no person shall-

(a)so place, or cause, suffer or permit any other person so to
place, any open food as to involve any risk of the con-
tamination or deterioration thereof, or

(b)wrap up or otherwise bring any open food into direct
contact with any printed newspaper or unclean paper or
wrapping material.

11. (1) No person shall, in the course of any food business,
store (including display for sale), or suffer or permit the storage of,
any open food, other than uncooked perishable food, except in a
suitable container so designed and constructed as to prevent, so far
as is reasonably practicable, the access of dust, insects or vermin:

Provided that nothing in this paragraph shall be construed to
prevent such reasonable exposure of food as may be necessary in the
course of carrying on the business.





(2) No person shall knowingly suffer the existence of any dust,
insects or vermin within any such container.

12. No person shall, in the course of any food business,
transport or cause, suffer or permit to be transported, any open
food in the open air, except so far as may be necessary for the
purpose of loading or unloading any vehicle or container, unless
such open food is adequately protected by suitable material from
risk of contamination or deterioration.

13. (1) No person shall, for the purpose of any food business,
use, or cause, suffer or permit to be used, any yard, alley, street, open
space, roof top or open deck space for the preparation or storage of
open food or for the washing, cleansing or storage of any equipment
or utensil used in the preparation or service of food.

(2) Nothing in paragraph (1) shall be deemed to prevent-

(a)any process in the manufacture or preparation of food in
the open air which, having regard to the circumstances,
could not reasonably be carried on elsewhere; or

(b) the carrying on of any food business from a stall:

Provided that, where any food business is carried on
from a stall, no open food shall be placed lower than
450 mm from the ground unless such food is adequately
protected by other means from any risk of contamination.

14. No person shall, in the course of any food business, keep,
or cause, suffer or permit to be kept, in a wet refrigerator or im-
mersion cooler any drink contained in bottles, unless such bottles
are placed in an upright position and the level of the water in the
refrigerator or cooler, as the case may be, is not less than 75 mm
below the mouths of the bottles.

15. (1) The walls, floors, doors, ceilings, woodwork and all
other parts of the structure of every food room shall be kept clean
and shall be kept in such good order, repair and condition as to-

(a) enable them to be effectively cleaned; and

(b)prevent, so far as is reasonably practicable, any risk of
infestation by rats, mice or insects or the entry of birds.

(2) Where any works affecting the structure of a food room,
other than the mere removal of part of the structure, are executed,
the structure affected by such works shall after the completion of
the works be such as to-

(a) enable it to be effectively cleaned; and

(b)prevent, so far as is reasonably practicable, any risk of
infestation by rats, mice and insects and the entry of birds.





16. No refuse or filth, whether solid or liquid, shall be de-
posited, or allowed to accumulate, in a food room except so far as
may be unavoidable for the proper carrying on of the food business.

17. No proprietor shall use, or suffer or permit to be used, in
the preparation of any food, any table, sideboard, bench or like
article of furniture the surface of which comes into contact with any
food, or is liable to come into contact with any food, unless such
surface is made of smooth close jointed hardwood or a smooth
impervious material.

18. No person shall lie down, sit or stand upon any table,
sideboard, bench or other article of furniture the surface of which
comes into contact with any food or is liable to come into contact
with any food.

19. No person engaged in any food business shall use, or
cause, suffer or permit to be used, in the course of such food business
any crockery, glassware or other utensil used in the preparation or
consumption of food, which has not, since the last occasion on
which it was used for any purpose, been-
(a) (i) washed clean and thereafter immersed in boiling
water, other than the water used for the washing thereof,
for not less than one minute; or
(ii) washed clean and thereafter immersed for a period
of at least one minute and at a temperature of not less than
24 degrees Celsius in an effective and non-toxic solution of
a bactericidal agent approved by the Council; or
(iii) mechanically washed clean in an apparatus which
has been manufactured and sold for the washing of crock-
ery, glassware or other utensils of the type for the washing
of which such apparatus is being used and is of a type
approved by the Council; and
(b)dried by evaporation or with a clean, light coloured drying
cloth; and
(c)unless immediately required for further use, stored in a
cupboard which has been rendered proof against the access
of dust, insects and vermin.

20. No person engaged in any food business involving the
serving of meals to customers shall provide for the use of any
customer any napkin or cleansing towel unless, since the last
occasion upon which such napkin or cleansing towel was used for
any purpose, it has been immersed for not less than one minute in
boiling water used exclusively for that purpose.

21. No person engaged in any food business shall hang up or
otherwise place any garments which are not in use in such a place or
in such a manner as to, or to be liable to, come into contact with or
to be suspended directly above any open food, and no person shall
hang up or otherwise place any such garments in any food room.





22. Every person who engages in the handling of food in any
food business shall while so engaged-

(a)keep as clean as may be reasonably practicable all parts of
his person which may be liable to come into contact with
food;

(b)keep as clean as may be reasonably practicable all parts of
his clothing, overclothing or overalls which may be liable
to come into contact with food;

(c)keep any open cut or abrasion on any exposed part of his
person covered with a suitable waterproof dressing; and

(d)refrain from the use of tobacco while he is handling any
open food or is in any food room.

23. (1) No person shall be engaged in or take any part in any
food business unless he has been-

(a) [Deleted, L.N. 228182]

(b)immunized, in accordance with such of the requirements of
a notification under paragraph (3) as apply to him.

(2) Failure by any person engaged in or taking part in any
such food business as may be specified by notification under
paragraph (3), on demand to produce for inspection by any health
inspector or health officer a valid certificate of immunization against
such disease as may be so specified shall be prima facie evidence in
any court of a contravention by such person of paragraph (1).

(3) The Council may from time to time by notification pub-
lished in the Gazette require persons employed in or taking part in
all or any specified food businesses to be immunized against such
diseases as may be specified in such notification.

24. (1) No proprietor of any food business, or, as the case
may be, of any such food business as may be specified by notification
under by-law 23(3), shall employ any person in, or cause or permit
any person to be engaged in or to take part in, such business unless
that person-

(a) [Deleted, L.N. 1631781

(b) [Deleted, L.N. 2281821

(c)has been immunized in accordance with such of the re-
quirements of a notification under by-law 23(3) as apply
to that person.

(2) Failure by the proprietor of any such food business as may
be so specified, on demand to obtain the production of, or to
produce, for inspection by any health inspector or health officer a
valid certificate of immunization against such disease as may be so
specified, or a certified copy thereof, showing that any person





employed, engaged or taking part in such business, has been so
immunized shall be prima facie evidence in any court of a contravention
by him of paragraph (1).

25. (1) No person engaged in any food business who is suffering
from a discharging wound or sore on any exposed part of the body or
from a discharge of the ear or from attacks of diarrhoea or vomiting or
from a sore throat shall take any part in the handling of open food:

Provided that a health officer may issue a certificate in writing to
such person exempting him from this paragraph in any case in which
such health officer is satisfied that no danger to the public health is
involved.

(2) Any person engaged, in the course of any food business, in any
food room or in any room in which food is served or in the handling of
open food shall, if so required in writing by a health officer, submit
himself to medical examination at such time and place as such health
officer may direct and if, after medical examination, a health officer is
satisfied that such person is suffering from any communicable disease,
or is likely to communicate to any other person any communicable
disease, such last mentioned health officer may notify such person in
writing to that effect, and such person shall forthwith cease to work or
take part in the same or any other food business.

(3) A notice given under paragraph (2) shall continue in force until
cancelled by a further notice in writing by a health officer declaring such
first mentioned notice to be cancelled.

(4) No person shall cause, suffer or permit any person, other than a
person who has been duly exempted from paragraph (1), whom he knows
or has reason to believe to be suffering from any of the complaints
specified in that paragraph to take any part in the handling of open food
in any food business.

(5) No person shall cause, or suffer or permit, any person in respect
of whom he knows or has reason to believe that a notice given under
paragraph (2) is in force to be engaged in the course of any food
business in any food room or in any room in which food is served or in
the handling of any open food.

26. (1) The Council may in its discretion supply to any food
business a report book or form for the use of health officers or health
inspectors.

(2) Where any such book or form is provided, the proprietor of the
food business to which it has been supplied shall cause it to be kept at
all times on the food premises concerned and available for use by any
such officer or inspector visiting the premises.

(3) No person shall destroy any such book or form or alter or
obliterate any entry made therein.





27. [Cancelled, L.N. 2361761

28. Where, in the course of any food business, the flesh of any
horse, mule, hinny or donkey is sold, or offered or exposed for sale, it
shall, at the time of the sale or the offer or exposure for sale, be clearly
labelled 'HORSE FLESH in English lettering and Chinese characters of
sufficient size to be easily legible to every customer.

29. No person shall collect for sale for human consumption any
shell fish in

(a) the Harbour; or

(b)the harbour of Aberdeen, being all those waters and
foreshores bounded by a line drawn north from the
westernmost extremity of the Island of Ap Lei Chau and a line
drawn east from the southernmost extremity of that island; or

(c)Kwai Chung or Tsuen Wan bays, being all those waters
between Tsing Yi Island and the mainland bounded by a line
drawn north from the northern extremity of Tsing Yi Island,
a line drawn west from the southern extremity of Pillar Island, a
line drawn from the southern extremity of Pillar Island to the
western extremity of Stonecutters Island and a straight line
drawn true north from the westernmost extremity of
Stonecutters Island to the mainland.

PART 111

PROHIBITED AND RESTRICTED FOODS

30. No person shall sell, or offer or expose for sale, or possess for
sale or for use in the preparation of any article of food for sale, any of
the foods specified in the First Schedule.

31. (1) Save with the permission in writing of the Council, no person
shall

(a)sell or offer or expose for sale, or possess for sale or for use in
the preparation of any article of food for sale, any of the foods
specified in items 1 to 5 inclusive, items 9 to 14 inclusive and
items 16 and 17 of the Second Schedule;

(b)sell or offer or expose for sale, or possess for sale any of the
foods specified in items 6, 7, 8 and 15 of the Second Schedule
unless such food is contained in an unopened hermetically
sealed container; or

(c)possess for use in the preparation of any article of food for
sale any of the foods specified in items 6, 7, 8 and 15 of the
Second Schedule unless such food is, until the time it is about
to be so used, contained in an unopened hermetically sealed
container.





(2) Every permission granted under paragraph (1) shall-

(a)if granted to an applicant who is already in possession of a
valid licence granted by the Council under any of the following
by-laws, namely

(i) these by-laws;

(ii) the Milk (Urban Council) By-laws;

(iii) the Frozen Confections (Urban Council) By-laws;
(iv) the Hawker (Urban Council) By-laws,

be granted free of charge and shall be valid so long as such
licence is valid;

(b)if granted to an applicant who is the lessee of a market stall
leased to him by the Council under the Public Market (Urban
Council) By-laws, be granted free of charge and shall be valid
for the duration of such lease; and

(c)if granted to an applicant to whom neither the provisions of
sub-paragraph (a) nor the provisions of sub-paragraph (b)
apply, expire annually on 31 March and be granted subject to
the payment in advance to the Council of the appropriate fee
prescribed in the third column of the Second Schedule:

Provided that, where such permission is granted on or
after 1 October in any year, the fee payable in respect of the
grant thereof shall be one-half of the fee so prescribed.

(3) Where the Council is satisfied that any permission granted
under this by-law has been lost or destroyed, the Council may upon
payment of a fee of $30 issue a duplicate thereof.



(4) For the avoidance of doubt, nothing in this by-law shall be
construed to exempt any person from complying with any other
licensing requirements prescribed by these or any other by-laws.

(5) The Council may, by notice in the Gazette, exempt from all or any
of the prohibitions in paragraph (1), either generally or in any particular
case, the following persons or any such person or class of such persons

(a)any person who holds a licence granted under paragraph (1) of
by-law 32 or who is exempt from the prohibition in that
paragraph pursuant to a notice under paragraph (7) of the said
by-law;

(b)any person who holds a licence granted under the Milk (Urban
Council) By-laws or the Frozen Confections (Urban Council)
By-laws or a specified kind of licence granted under the
Hawker (Urban Council) By-laws;

(c)any person who is a lessee of a market stall referred to in
paragraph (2)(b).

(6) An exemption granted under paragraph (5) may be amended or
revoked at any time by the Council by notice in the Gazette.





PART IV

LICENSING OF CERTAIN FOOD BUSINESSES

32. (1) Save under and in accordance with a licence granted by the
Council, no person shall carry on or cause, permit or suffer to be carried
on any of the following food businesses

(a) any food factory;

(b) any restaurant;

(ba) any factory canteen;

(c) any siu mei or lo mei shop;

(d) any fresh provision shop; or

(c) any cold store.

(2) For the purposes of this by-law and of the Third Schedule-

'cold store' means any warehouse in which articles of food are stored
under refrigeration;

'factory' has the meaning assigned to it by section 2(1) of the Factories
and Industrial Undertakings Ordinance;

factory building' means any building which contains one or more
factories;

factory canteen' means any food business in a factory building which
involves the sale or supply of meals or unbottled nonalcoholic
drinks other than Chinese herb tea for consumption on the
premises by persons employed in any factory in that factory
building, but does not include a restaurant or any business carried
on by a hawker who is the holder of a licence under the Hawker
(Urban Council) By-laws;

'food factory' means any food business which involves the
manufacture or preparation of food for sale for human consumption
off the premises, but does not include a frozen confection factory,
a milk factory or any business carried on by a hawker who is the
holder of a licence under the Hawker (Urban Council) By-laws;

'fresh provision shop' means any food business which involves the
sale of fresh or frozen beef, mutton, pork, reptiles (including live
reptiles), fish (including live fish) or poultry (including live poultry),
but does not include a restaurant, factory canteen, a market stall or
any business carried on by a hawker who is the holder of a licence
under the Hawker (Urban Council) By-laws;

frozen confection factory' means any food business which involves,
within the meaning of the Frozen Confections (Urban Council) By-
laws, the manufacture of any frozen confection;

'milk factory' means any food business which involves, within the
meaning of the Milk (Urban Council) By-laws, the processing or
reconstitution of milk or any milk beverage;





'restaurant' means any food business which involves the sale of meals
or unbottled non-alcoholic drinks other than Chinese herb tea, for
consumption on the premises, but does not include a factory
canteen or any business carried on by a hawker who is the holder of
a licence under the Hawker (Urban Council) By-laws;

',siu mei and lo mei shop' means any food business which involves the
sale by retail of siu mei or lo mei, but does not include a restaurant,
factory canteen or any business carried on by a hawker who is the
holder of a licence under the Hawker (Urban Council) By-laws.

(3) Without prejudice to anything contained in the Ordinance
relating to licences, any such licence may be subject to any or all of the
following conditions

(a)a condition prohibiting or restricting the carrying on at or from
the food premises to which such licence relates of any
particular kind of food business;

(b)a condition prohibiting or restricting the carrying on at or from
the food premises to which such licence relates of any kind of
business other than that specified in the licence;

(c)a condition prohibiting or restricting the sale to customers at
or from the food premises to which such licence relates of any
food or drink or any class of food or drink other than such
food or drink or class of food or drink as may be specified in
the licence.

(4) Every such licence, other than a temporary licence, shall be
renewable annually on the day specified in the fifth column of the Third
Schedule.

(5) The grant or renewal of any such licence shall be subject to the
payment in advance to the Council of the appropriate fee prescribed in
the fourth column of the Third Schedule for the class of licence issued:

Provided

(a)where any such licence is issued in the second half of any
year of licence, the fee payable in respect of the grant of that
licence shall be one-half of the fee prescribed; and

(b)a temporary licence for any period not exceeding 7 days may
be granted upon payment of a fee of $80.

(6) Where the Council is satisfied that any such licence has been
lost or destroyed, the Council may upon payment of a fee of $80 issue a
duplicate thereof.

(7) The Council may, by notice in the Gazette, exempt from the
prohibition in paragraph (1), either generally or in any particular case,
any person who carries on any food business or class of food business
mentioned in that paragraph.





(8) An exemption granted under paragraph (7) may be
amended or revoked at any time by the Council by notice in the
Gazette.

33. (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 whole of the food premises (excluding a stall) to which such
licence will relate, and, so far as may be applicable having regard to
the nature of business, such plan shall include particulars of the
following matters-

(a)space allocated to the cooking, preparation or handling of
open food;

(b) space allocated to the storage of any kind of open food;

(e) space allocated to the serving of meals to customers;

(d)space allocated to the cleansing, drying or storage for
ready use of utensils;

(e) sanitary fitments and drainage works;

(f) cloakrooms, passageways and open spaces;

(g) all means of exit, entry and internal communication;

(h)all windows or ducts providing ventilation or, where any
mechanical means of ventilation is provided, such means;

(i)the siting of all furniture of a substantial and permanent
nature, including food manufacturing or preparation
plant, cooking ranges, refrigeration or cooling equipment
and fixed sideboards, washbasins or sinks, drying racks,
water tanks and other like equipment;

(j) means of refuse storage and disposal;

(k)space allocated to the thawing of frozen articles of food
and to facilities for inspection and sampling of such food.

(2) Every plan submitted for approval pursuant to the pro-
visions of paragraph (1) shall be accompanied by a statement in
writing declaring-

(a) the class of licence required; and

where applicable-

(b)the type of heating equipment and fuel intended to be used;
and

(c)the type and country of manufacture of any air condition-
ing plant intended to be installed.

(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 one copy shall be returned to the applicant and the
remaining 2 copies shall be retained by the Council.





34. (1) No such licence shall be granted unless the Council is
satisfied in relation to the premises in respect of which the applica-
tion for such licence was made that-

(a)the plan referred to in by-law 33 has been approved by the
Council and the premises conform thereto;

(b)the means of ventilation which is provided, whether natural
or mechanical or partly natural and partly mechanical, is
sufficient in every part of the premises, other than any part
used exclusively for storage purposes, to safeguard in that
respect the maximum number of persons likely to be in
such part of the premises at any one time;

(e)sanitary fitments are provided to a standard not less than
that required by the provisions of the Building (Standards
of Sanitary Fitments, Plumbing, Drainage Works and
Latrines) Regulations:

Provided that, in the case of any premises to which
such regulations do not apply, the Council may approve
such lesser standard as, having regard to considerations
of public health and the circumstances of the case, the
Council may consider adequate;

(d)public mains water is laid on to the premises and adequate
storage tanks, suitably protected against access of dust and
mosquitoes, are provided:

Provided that, where the Council is satisfied that
public mains water cannot reasonably be laid on for all or
any purpose, the Council may in its discretion approve
such other water supply, as, having regard to consideration
of public health, it may considers adequate;

(e)no food room contains any soil fitment or Iatrine fitment or
communicates directly with a room or other place which
contains a soil fitment or Iatrine fitment;

the floors and internal surfaces of the walls of every food
room to a height of not less than 2 m are surfaced with
smooth light coloured non-absorbent material, and the
junctions between the walls and floors are coved;

(g)the ceilings of every food room are rendered impervious to
dust;

(h)the facilities for cleansing equipment and utensils used in
the preparation, service or consumption of food on the
premises are adequate having regard to the nature of the
food business which is to be carried on;

(i)save where adequate provision is made elsewhere, suitable
and sufficient cupboard or locker accommodation is pro-
vided for the clothing and footwear, which is not worn
during working hours, of all persons engaged in the
handling of food on or about the premises:





Provided that-
(i) this requirement shall not apply to food premises
upon which no open food is handled; and
(ii) this requirement may be waived or modified by the
Council by notice in writing;

(j)in the case of any restaurant (other than a restaurant
selling only light refreshments) in respect of which-
(i) a licence was granted before 1 February 1974; and
(ii) since that date, no alteration has been made to the
space allocated to the kitchen, the preparation of food or
the seating accommodation,
the space allocated to the kitchen and the preparation of
food and cleansing of utensils is not less in proportion to
the space allocated to the seating accommodation than
that prescribed in the Fourth Schedule;

(ja) in the case of any restaurant (other than a restaurant
selling only light refreshments) in respect of which a licence
was not granted before 1 February 1974, the space allo-
cated to the kitchen and the preparation of food and
cleansing of utensils is not less in area, or in proportion to
the gross floor area, than that prescribed in Part 1 of the
Fifth Schedule;

(k)in the case of any light refreshment restaurant, in respect
of which-
(i) a licence was granted before 1 February 1974; and
(ii) since that date, no alteration has been made to the
space allocated to the kitchen, the preparation of food or
the usable floor space,
the total space allocated to the kitchen and the preparation
of food and cleansing of utensils is not less in proportion to
the usable floor space than that prescribed in the Fourth
Schedule;
(ka) in the case of any light refreshment restaurant in respect of
which a licence was not granted before 1 February 1974,
the total space allocated to the kitchen and the preparation
of food and cleansing of utensils is not less in area, or in
proportion to the gross floor area, than that prescribed in
Part 11 of the Fifth Schedule;

(kb) in the case of any factory canteen, the total space allocated
to the kitchen and the preparation of food and cleansing of
utensils is not less in area, or in proportion to the gross
floor area, than that prescribed in Part 111 of the Fifth
Schedule;

(1)the surface of every article of furniture specified in by-law
17 is capable of being lit to a standard of not less than 90
lux, and the top plate of every stove and cooking range is
capable of being lit to a standard of not less than 65 lux,





either by natural or artificial lighting or partly by natural
and partly by artificial lighting; and
(m)any heating equipment or air conditioning plant provided
is properly installed and, having regard to the nature of the
premises, is not likely to be dangerous.
(2) Where the premises in respect of which such application is
made are a vessel, the provisions of paragraph (1) shall apply subject
to such modification as is appropriate.

34A. No such licence shall be granted by the Council in respect
of a siu mei or lo mei shop unless the Council is satisfied that the
premises in respect of which the application is made are not being
used for the sale of fresh meat.

34B. No licence shall be granted by the Council under by-law
32 unless the applicant for such licence produces to the Council such
evidence as the Council shall require that the premises in respect of
which the application is made comply with any requirements issued
by the Director of Fire Services.

35. 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 premises to which the licence
relates-
(a)any alteration or addition which would result in a material
deviation from the plan thereof approved under by-law 33;
(b)any alteration in respect of any matter specified in by-law
34; or
(c)with respect to any heating equipment therein, any altera-
tion of any part of such equipment or any change of the
type of fuel used therein.

PART V

OFFENCES AND MISCELLANEOUS

36. (1) Any person who-
(a)contravenes any of the provisions of by-law 5(1), (2) or (3),
6, 7, 7A, 8, 9, 10, 11, 12, 13, 14, 17, 18, 19, 20, 21, 22,
23(1), 24(1), 25(1), (4) or (5), 26(2) or (3), 29, 30, 31(1),
32(1) or 35;
(b)fails to comply with any of the requirements of a notice
served upon him under the provisions of by-law 5(4);
(c) [Deleted, L.N. 223178]
(d)being a person engaged, in the course of any food business,
in any food room or in any room in which food is served or
in the handling of open food-
(i) fails to submit himself to medical examination when
required to do so under the provisions of by-law 25(2); or





(ii) fails to cease to work or to take part in any food
business when required to do so by the provisions of that
paragraph,

shall be guilty of an offence.

(2) In the event of any contravention of any of the provisions of by-
law 15, 16 or 28, the licensee of the food business in relation to which
the contravention occurred shall be guilty of an offence.

(3) Any person who is guilty of an offence under these by-laws
shall be liable on summary conviction to a fine and imprisonment as
follows and, where the offence is a continuing offence, to an additional
fine as follows for each day during which it is proved to the satisfaction
of the court that the offence has continued

(a)in the case of an offence under by-law 3 1 (1) or 32(1) a fine of
$25,000, imprisonment for 6 months and $500 for each day as
aforesaid;

(b)in the case of any other ofrence mentioned in paragraph (1) or
(2) a fine of $5,000, imprisonment for 3 months and $150 for
each day as aforesaid.

37. 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 by-laws may be brought in the name of the Council.

FIRST SCHEDULE [by-law 30.]

PROHIBITED FOODS

Item Description of food

1. The following Chinese dish-
Yu Sang

2, Fresh or frozen meat of animals which have not been slaughtered in a
Government slaughterhouse or in a slaughterhouse approved by the
Council.

3. Shell fish which have been collected in contravention of by-law 29 or by-law

28 of the Food Business (Regional Council) By-laws.

SECOND SCHEDULE [by-law 31 (1).]

RESTRICTED FOODS


Item Description of foodAnnual Fee

1 . Fresh or frozen meat, other than meat specified in the First
Schedule ......... ..............195
2. Fresh or frozen game ................................................... 195

3. Fresh, frozen or live fish, other than live fish on a fish farm 195






Item Description of food Annual Fee

$

4. Fresh, frozen or live poultry, other than live poultry on a

poultry farm ..............195

5. Fresh or frozen shell fish, other than shell fish specified in the

First Schedule ..............195

6. Imported cooked or dried meat or imported meat which has

been otherwise treated or prepared 195

7. Imported intestines or other parts of any animal which are

prepared in the form of sausage casings 195

8. Imported pies, sausages or other prepared or manufactured
articles of food which contain any meat or cooked or

dried meat other than fat ...1 ......... 195

9. Milk or any milk beverage, being milk or a milk beverage to
which the Milk (Urban Council) By-laws apply; other
than sterilized milk or a sterilized milk beverage
approved

under by-law 5(2) thereof ................. 195
10. (a) Soft ice cream ......... 195

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

(b) Other frozen confections ... 195
11. Chinese herb tea .; ........195
12. Non-bottled drinks ......... 195



13. Siu Mei or Lo Mei (M ..........
195

14. Cut fruit .......................... 195
15. Leung Fan ................195

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

16. Man Tau Lo ....... ; 195

........................1
17. Food sold by means of a vending machine ................. 475

THIRD SCHEDULE [by-law 32.]

LICENSING FEES

Nature of Size of premises Fee Date of

business by reference $ renewal
to floor area

A. Food Factories






Exceeding Not exceed
exceeding


1. General....... 100 1,325
100 150 ...1,660

150 200 1 2320
200 250 2:980

250 3001 ..3640
300 350 ...4:310
350 400 ...4,970
400 45 ....5,630
450 50 ....6,300
500 60 ....7,3001 October
600 70................. 8,600



700...........8 9940
800...........9 11:260
900..........1 0 12,600
1000..........2 0 19,900
2000..........3 0 33,100
3000..........4 00 46,400
4000..........5000 59,600

5000............................................
66,300........





Class Nature of Size of permises . premises Fee Date of

Of business by reference

licence to floor area $ renewal

2. Bakeries .......100 950
100 150 ...1,190
150 200 ...1,660
200 250 ...2,140
250 300 ...2,610
300 350 ...3,090
350 400 ...3,560
400 450 ...4,040
450 500 ...4,510
500 600 ...5,230 1 January
600 700 ...6,180
700 800 ...7,120
800 900 ...8,070
900 1000 ..9,020

1000 2000 ..14,250
2000 3000 ..23,750
3000 4000 ..33,250
4000 5000 ..42,750

5000 .................................... 47,500

B. Restaurants

Exceeding Not exceeding
m2

1 General and....... 100 1,185
marine 100 150 ...1,480
150 200 ...2,070
200 250 ...2,660
250 300 ...3,255
300 350 ...3,845
350 400 ...4,435
400 450 ...5,030
450 500 ...5,620
500 600 ...6,5101 July
600 700 ...7,690
700 800 ...8,875

800 900 ...10,055
900 1000 ..11,240
1000 2000 ..17,750
2000 3000 ..29,580
3000 4000 ..41,410
4000 5000 ..53,245

5000 ................................... 59,160

2. Light .......100 845
refreshments 100....150 1,060
150 200 ...1,485
200 250 ...1,910
250 300 ...2,330
300 350 ...2,755
350 400 ...3,180
400 450 ...3,600
450 500 ...4,025
500 600 ...4,6551 July






600 700 ...5,505
700 800 ...6,350
800 900 ...7,200
900 1000 ..8,045

1000 2000 ..12,700
2000 3000 ..21,170
3000 4000 ..29,640
4000 5000 ..38,105

5000 ........1 42,340






Size of premises
Nature of Fee Date of

Of business by reference $ renewal

licence to floor area

C. Siu Mei and
Lo Mei Shops

All sizes .....975 1 April

D. Fresh Provision
Shops

For sale of

1. Beef.............All sizes 1,270

2. Pork............All sizes ............ 1,270
3. Fish (including
live fish)............All sizes 1,270
4. Poultry................. 1 April
(including live
poultry)............All sizes 1,270
5. Mutton............All sizes 1,270

6. Reptiles..........All sizes 1,270

Where more than one class of licence is required by the same applicant for
the same premises, the aggregate fee shall not exceed $5,080.

E. Cold Stores

Exceeding Not exceeding
W m2

200 ..2,650
200 400 ..3,980
400 600 ..6,630
6 0 ....9,280

800 1000 11,930 1 October
1000 2 2000 19,900
2000 1 ---**--- 33,100
3000 4 ...46,400
4000 5 000 59,600

5000 .................... 66,300

F. Factory Canteens

Exceeding Not exceeding

W m2

1100 ...950
100 150 ...1,190
150 ............ 1,660
200 250 ...2,140
250 300 ...2,610
300 350 ...3,090
350 400 ...3,560
400 450 ...4,040






450 500 ...4,510
500 600 ...5,2301 April
600 700 ...6,180
700 800 ...7,120
800 900 ...8,070
900 1000 ..9,020

1000 2000 ..14,250
2000 3000 ..23,750
3000 4000 ..33,250
4 ' .......... 42,750

5000 ........1.0110
47,500

1





FOURTH SCHEDULE [by-law 34(1)(j) & (k).]

APPORTIONMENT OF SPACE IN RESTAURANTS

PART 1

Class B1 and B2 restaurants.

Seating accom.Kitchen accom. Aggregate area of kitchen,
in M2 in M2food preparation room and

scullery accom. in m'
65 or less Not less than 6 Not less than 1/2 of the total area of
seating accommodation.
66- 75 to Not less than 33 m'
76- 85 34
86- 95 35
96- 100 36
101-110 37

111 or over 14 Not less than 31 of the total area of

seating accomodation.

PART II

Class B3 restaurants wishing to sell any hot Chinese dishes which may from
time to time be permitted under their licences.

Usable floor space Minimum aggregate area of kitchen, food
in m' preparation room and scullery accom. in m'
22 or less 5 M2

23- 35 221% of usable floor space or 7 m' whichever is the less.
36- 55 20% of usable floor space or 9 M2 whichever is the less.
56- 95 16% of usable floor space or 14 m' whichever is the less.
96- 185 15% of usable floor space or 19 m' whichever is the less.
186 or over 10% of usable floor space or 28 M2 whichever is the less.

any offices, store-rooms, staircases, staircase halls, lift landings (up to a
maximum of 5 m'), space used in providing water closet fitments, urinals and
lavatory basins, and any space occupied by machinery for any lift,
airconditioning system or similar service.

FIFTH SCHEDULE [by-law 34(1)(ja),
(ka) & (kb).]
APPORTIONMENT OF SPACE IN RESTAURANTS AND FACTORY CANTEENS

Ratio of Food Preparation Space, Scullery and Kitchen Area
to
Gross Floor Area

PART 1

Class B1 and B2 restaurants.

Gross floor Minimum Minimum aggregate area of kitchen,
area kitchen areafood preparation room and scullery
in M2 in M2accommodation in M2
100 or less 6 30% of gross floor area, but not less than 9 m'.

101-150 10 25% of gross floor area, but not less than 27 m'.
151 -250 10 23% of gross floor area, but not less than 36 m'.







251 or over 1421%of gross floor area, but not less than 54 M2.





PART II

Class B3 restaurants.

Gross floor Minimum aggregate area of kitchen,
area food preparation room and scullery
in m' accommodation in &
22 or less Not less than 5 m'.
23 - 35 20% of gross floor area or 7 M2 whichever is the less.
36 - 55 18% of gross floor area or 8 M2 whichever is the less.
56 - 95 14% of gross floor area or 12 m' whichever is the less.
96 - 185 13% of gross floor area or 17 M2 whichever is the less.
186 or over 9% of gross floor area or 28 M2 whichever is the more.

PART 111

Class F factory canteens.

Gross floor area Minimum aggregate area Of
in M2 kitchen, food preparation room
and scullery accommodation in M2
Any gross floor area15% of gross floor area, but not less than 6 M2.

the restaurant or factory canteen. It includes store-rooms, cold storage
chambers, staff changing rooms, offices, air-conditioning engine rooms,
lavatories, lift lobbies, stair halls and any space used exclusively by the
restaurant or factory canteen. It does not include any yard or open space.
G.N.A. 109/60. 5 of 1961. L.N. 6/63. L.N. 88/64. L.N. 155/64. L.N. 140/65. L.N. 129/70. L.N. 131/70. L.N. 252/72. 21 of 1973. L.N. 18/74. L.N. 276/75. L.N. 27/76. L.N. 236/76. L.N. 258/77. L.N. 131/78. L.N. 163/78. L.N. 223/78. L.N. 89/79. L.N. 71/80. L.N. 178/80. L.N. 89/81. L.N. 228/82. L.N. 289/82. L.N. 103/83. 10 of 1986. L.N. 148/86. L.N. 229/87. L.N. 290/87. L.N. 387/87. G.N.A. 132/60. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. L.N. 387/87. (Cap. 123, sub. leg.) L.N. 387/87. (Cap. 123, sub. leg.) L.N. 18/74. L.N. 387/87. Interpretation of food business. L.N. 18/74. L.N. 178/80. L.N. 129/70. L.N. 387/87. L.N. 387/87. L.N. 129/70. Cleanliness and repair of food premises. L.N. 387/87. Cleanliness of equipment, etc. Prohibition of preparation of food in domestic premises. Prohibition of non-permitted colouring matter on food premises. L.N. 252/72. L.N. 387/87. (Cap. 132, sub. leg.) Prohibition of use of food rooms for dwelling purposes. Restriction on spitting. Prohibition of food from risk of contamination. Storage of open food. Transport of open food. Restriction on the use of open spaces. L.N. 89/79. Use of wet refrigerators, etc. L.N. 89/79. Cleanliness and repair of food rooms. Accumulation of refuse in food rooms. Certain tables, etc. to be surfaced with hardwood or impervious material. Prevention of lying or sitting on certain tables, etc. Sterilization and storage of utensils. L.N. 140/65. L.N. 131/70. Cleansing of napkins, etc. Prevention of contamination by contact with clothing. L.N. 387/87. Personal cleanliness. Immunization of persons engaged in food businesses against certain diseases. L.N. 163/78. L.N. 228/82. Prohibition of employment in food businesses of persons not immunized against certain diseases. L.N. 155/64. L.N. 163/78. L.N. 228/82. Restriction on employment of persons likely to spread diseases. L.N. 387/87. Inspection books, etc. L.N. 387/87. horse flesh to be labelled as such. Prohibition against the collection of shell fish in certain places. L.N. 18/74. Prohibition of the sale, etc. of articles specified in the Second Schedule. L.N. 140/65. L.N. 128/70. L.N. 18/74. 10 of 1986, s. 32(2). L.N. 387/87. (Cap. 132, sub. leg.) (Cap. 132, sub. leg.) (Cap. 132, sub. leg.) (Cap. 132, sub. leg.) 5 of 1961, s. 6. 21 of 1973, s. 20. Second Schedule. L.N. 103/83. L.N. 229/87. L.N. 163/78. 10 of 1986, s. 32(2). (Cap. 132, sub. leg.) (Cap. 132, sub. leg.) (Cap. 132, sub. leg.) L.N. 163/78. Licensing of food businesses. L.N. 18/74. L.N. 178/80. L.N. 129/70. Third Schedule. L.N. 129/70. L.N. 178/80. (Cap. 59.) 10 of 1986, s. 32(2). (Cap. 132, sub. leg.) L.N. 140/65. 10 of 1986, s. 32(2). (Cap. 132, sub. leg.) 10 of 1986, s. 32(2). L.N. 236/76. L.N. 18/74. L.N. 140/65. L.N. 178/80. 10 of 1986, s. 32(2). (Cap. 132, sub. leg.) 10 of 1986, s. 32(2). (Cap. 132, sub. leg.) L.N. 258/77. L.N. 140/65. 10 of 1986, s. 32(2). L.N. 178/80. 10 of 1986, s. 32(2). L.N. 140/65. L.N. 178/80. L.N. 140/65. Third Schedule. 5 of 1961, s. 6. 21 of 1973, s. 20. Third Schedule. L.N. 103/83. L.N. 229/87. L.N. 103/83. L.N. 229/87. L.N. 163/78. L.N. 163/78. Application of licence. L.N. 129/70. Conditions for issue of licence. L.N. 387/87. (Cap. 132, sub. leg.) L.N. 87/79. L.N. 18/74. Fourth Schedule. Fifth Schedule. Fourth Schedule. Fifth Schedule. L.N. 178/80. Fifth Schedule. L.N. 89/79. Additional requirement for issue of licence for siu mei and lo mei shops. L.N. 140/65. Compliance with fire safety requirements. L.N. 289/82. Restriction on alteration of premises or fittings after grant of licence. Offences and penalties. L.N. 252/72. L.N. 236/76. L.N. 223/78. L.N. 163/78. L.N. 290/87. L.N. 387/87. L.N. 290/87. Name in which proceedings for offences may be brought. 10 of 1986, s. 32(2). (Cap. 132, sub. leg.) L.N. 229/87. (Cap. 132, sub. leg.) L.N. 229/87. L.N. 89/79. L.N. 129/70. L.N. 18/74. L.N. 89/79. L.N. 178/80. L.N. 178/80.

Abstract

G.N.A. 109/60. 5 of 1961. L.N. 6/63. L.N. 88/64. L.N. 155/64. L.N. 140/65. L.N. 129/70. L.N. 131/70. L.N. 252/72. 21 of 1973. L.N. 18/74. L.N. 276/75. L.N. 27/76. L.N. 236/76. L.N. 258/77. L.N. 131/78. L.N. 163/78. L.N. 223/78. L.N. 89/79. L.N. 71/80. L.N. 178/80. L.N. 89/81. L.N. 228/82. L.N. 289/82. L.N. 103/83. 10 of 1986. L.N. 148/86. L.N. 229/87. L.N. 290/87. L.N. 387/87. G.N.A. 132/60. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. L.N. 387/87. (Cap. 123, sub. leg.) L.N. 387/87. (Cap. 123, sub. leg.) L.N. 18/74. L.N. 387/87. Interpretation of food business. L.N. 18/74. L.N. 178/80. L.N. 129/70. L.N. 387/87. L.N. 387/87. L.N. 129/70. Cleanliness and repair of food premises. L.N. 387/87. Cleanliness of equipment, etc. Prohibition of preparation of food in domestic premises. Prohibition of non-permitted colouring matter on food premises. L.N. 252/72. L.N. 387/87. (Cap. 132, sub. leg.) Prohibition of use of food rooms for dwelling purposes. Restriction on spitting. Prohibition of food from risk of contamination. Storage of open food. Transport of open food. Restriction on the use of open spaces. L.N. 89/79. Use of wet refrigerators, etc. L.N. 89/79. Cleanliness and repair of food rooms. Accumulation of refuse in food rooms. Certain tables, etc. to be surfaced with hardwood or impervious material. Prevention of lying or sitting on certain tables, etc. Sterilization and storage of utensils. L.N. 140/65. L.N. 131/70. Cleansing of napkins, etc. Prevention of contamination by contact with clothing. L.N. 387/87. Personal cleanliness. Immunization of persons engaged in food businesses against certain diseases. L.N. 163/78. L.N. 228/82. Prohibition of employment in food businesses of persons not immunized against certain diseases. L.N. 155/64. L.N. 163/78. L.N. 228/82. Restriction on employment of persons likely to spread diseases. L.N. 387/87. Inspection books, etc. L.N. 387/87. horse flesh to be labelled as such. Prohibition against the collection of shell fish in certain places. L.N. 18/74. Prohibition of the sale, etc. of articles specified in the Second Schedule. L.N. 140/65. L.N. 128/70. L.N. 18/74. 10 of 1986, s. 32(2). L.N. 387/87. (Cap. 132, sub. leg.) (Cap. 132, sub. leg.) (Cap. 132, sub. leg.) (Cap. 132, sub. leg.) 5 of 1961, s. 6. 21 of 1973, s. 20. Second Schedule. L.N. 103/83. L.N. 229/87. L.N. 163/78. 10 of 1986, s. 32(2). (Cap. 132, sub. leg.) (Cap. 132, sub. leg.) (Cap. 132, sub. leg.) L.N. 163/78. Licensing of food businesses. L.N. 18/74. L.N. 178/80. L.N. 129/70. Third Schedule. L.N. 129/70. L.N. 178/80. (Cap. 59.) 10 of 1986, s. 32(2). (Cap. 132, sub. leg.) L.N. 140/65. 10 of 1986, s. 32(2). (Cap. 132, sub. leg.) 10 of 1986, s. 32(2). L.N. 236/76. L.N. 18/74. L.N. 140/65. L.N. 178/80. 10 of 1986, s. 32(2). (Cap. 132, sub. leg.) 10 of 1986, s. 32(2). (Cap. 132, sub. leg.) L.N. 258/77. L.N. 140/65. 10 of 1986, s. 32(2). L.N. 178/80. 10 of 1986, s. 32(2). L.N. 140/65. L.N. 178/80. L.N. 140/65. Third Schedule. 5 of 1961, s. 6. 21 of 1973, s. 20. Third Schedule. L.N. 103/83. L.N. 229/87. L.N. 103/83. L.N. 229/87. L.N. 163/78. L.N. 163/78. Application of licence. L.N. 129/70. Conditions for issue of licence. L.N. 387/87. (Cap. 132, sub. leg.) L.N. 87/79. L.N. 18/74. Fourth Schedule. Fifth Schedule. Fourth Schedule. Fifth Schedule. L.N. 178/80. Fifth Schedule. L.N. 89/79. Additional requirement for issue of licence for siu mei and lo mei shops. L.N. 140/65. Compliance with fire safety requirements. L.N. 289/82. Restriction on alteration of premises or fittings after grant of licence. Offences and penalties. L.N. 252/72. L.N. 236/76. L.N. 223/78. L.N. 163/78. L.N. 290/87. L.N. 387/87. L.N. 290/87. Name in which proceedings for offences may be brought. 10 of 1986, s. 32(2). (Cap. 132, sub. leg.) L.N. 229/87. (Cap. 132, sub. leg.) L.N. 229/87. L.N. 89/79. L.N. 129/70. L.N. 18/74. L.N. 89/79. L.N. 178/80. L.N. 178/80.

Identifier

https://oelawhk.lib.hku.hk/items/show/2586

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

25
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Tue, 23 Aug 2011 18:08:53 +0800
<![CDATA[FOOD BUSINESS (REGIONAL COUNCIL) BYLAWS]]> https://oelawhk.lib.hku.hk/items/show/2585

Title

FOOD BUSINESS (REGIONAL COUNCIL) BYLAWS

Description






FOOD BUSINESS (REGIONAL COUNCIL) BYLAWS

ARRANGEMENT OF BYLAWS

Bylaw...................................... Page

PART I

PRELIMINARY

1........................................Citation X3
2........................................Application X 3
3........................................Interpretation X3
4........................................Interpretation of food business X 5

PART II

GENERAL REQUMEMEN75 RELATING TO FOOD
BUSINESSES

5........................................Cleanliness and repair of food premises X 6
6........................................Cleanliness of equipment, etc . X 7
7........................................Prohibition of preparation of food in domestic premises X 7
7A........................................Prohibition of non-permitted colouring matter on food premises X 7
8........................................Prohibition of use of food rooms for dwelling purposes X 7
9........................................Restriction on spitting X 7
10........................................Protection of food from risk of contamination X 8
11........................................Storage of open food X 8
12........................................Transport of open food X 8
13........................................Restriction on the use of open spaces X 8
14........................................Use of wet refrigerators, etc . X 9
15........................................Cleanliness and repair of food rooms X 9
16........................................Accumulation of refuse in food rooms X 9
17........................................Certain tables, etc. to be surfaced with hardwood or impervious material X10
18........................................Prevention of lying or sitting on certain tables, etc . X10
19........................................Sterilization and storage of utensils X10
20........................................Cleansing of napkins, etc . X10
21........................................Prevention of contamination by contact with clothing XII
22........................................Personal cleanliness XII
23........................................Immunization of persons engaged in food businesses against certain diseases .. XII
23A.......................................Probition of employment in food businesses of persons not immunized against
certain diseases ......................X 12
24........................................Restriction on employment of persons likely to spread diseases X 12
25........................................Inspection books, etc . X 13
26........................................(Repealed) X 13
27........................................Horse flesh to be labelled as such X 13
28........................................Prohibition against the collection of shell fish in certain places X 13





Bylaw...................................... Page
PART III
PROHIBITED AND RESTRICTED FOODS
29. Prohibition of the sale, etc. of articles specified in Schedule 1 X 13
30. Restriction on the sale, etc. of articles specified in Schedule 2 X 14

PART IV

LICENSING OF CERTAIN FOOD BUSINESSES

31. Licensing of food businesses .........XIS
32. Application for licence ..............X 18

33. Conditions for issue of licence ...-- X18

33A.......................................Additional requirement for issue of licence for siu mei and lo mei shops X 21
33B.......................................Compliance with fire safety requirements X 21
34. Restriction on alteration of premises or fittings after grant of licence X 21

PART V

OFFENCES AND MISCELLANEOUS

35. Offences and penalties ...............X 21
36. Name in which proceedings for offences may be brought X 22

Schedule 1. Prohibited Foods .............X 23
Schedule 2. Restricted Foods .............X23
Schedule 3. Licensing Fees ...............X 24
Schedule 4. Apportionment of Space in Restaurants X 28
Schedule 5. Apportionment of Space in Restaurants and Factory Canteens X 29





FOOD BUSINESS (REGIONAL COUNCIL) BYLAWS
(Cap. 132, section 56)

[1 July 19631 L.N. 78 of 1963

L.N. 63 of 1963- L.N. 121 of 1965, L.N. 125 of 1970, L.N. 78 of 1972, L.N. 247 of 1972. L.N.
212 of 1973, L.N. 152 of 1976, 61 of 1976, L.N. 216 of 1977, L.N. 181 of 1978, L.N. 89 of
1979, L.N. 157 of 1979, L.N. 175 of 1980, L.N. 130 of 1982, L.N. 164 of 1982, L.N. 238 of
1982, L.N. 209 of 1983, L.N. 218 of 1984, L.N. 67 of 1985, 10 of 1986, L.N. 33 of 1987,
L.N. 291 of 1987, L.N. 387 of 1987, R. Ed. 1987, L.N. 63 of 1988, L.N. 97 of 1989, c ~

PART 1

PRELIMINARY

1. Citation

These bylaws may be cited as the Food Business (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

(1) In these bylaws, unless the context otherwise requires

'air conditioning plant includes any kind of mechanical ventilation system which
contains a device for reducing or increasing the temperature of the air in any
building or any part thereof below or above the temperature of the external air;

'bottled' means contained in an unopened hermetically sealed bottle, tin or
container;

'Council' means the Regional Council;

'food business' has the meaning assigned to it in bylaw 4;

'food premises' means any premises on or from which there is carried on any food
business and the expression 'premises' includes a vessel and a stall;

'food room' means any room, (being, or being part of, any food premises) where
any person engages in the handling of open food or in the cleaning of
equipment for the purposes of a food business, but does not include a





room in which the only handling of food which occurs is in the course of
serving food for consumption therein;

Iatrine fitment' and Iatrine' have the meaning assigned to them in the Building
(Standards of Sanitary Fitments, Plumbing, Drainage Works and Latrines)
Regulations (Cap. 123 sub. leg.);

'meat' means the flesh of-
(a) cattle (including buffaloes), goats, sheep and swine; and

(b)horses, mules, hinnies and donkeys, if intended for human consumption;

'open food' means-
(a) uncooked perishable food; and

(b)food not contained in a container of such materials, an so closed, as to
exclude all risk of contamination,

but does not include raw vegetables and uncut fruit or any food which has to
be subjected to a process of milling, refining or cooking (other than food
referred to at (a) and food in the course of preparation) for the purpose of
rendering it fit for human consumption;

'plan' includes a sketch;

'preparation' in relation to food includes manufacture and any form of cooking or
other treatment or preparation for sale;

'proprietor' means the owner of or the person for the time being appearing to have
charge of a food business and in the case of a licensed food busines the
licensee thereof;

',sanitary fitment' includes any kind of ablution or sanitary facility;

',shell fish' means molluscs and crustaceans;

'soil drain' means any pipe or gutter which receives soil matter or which receives
waste from a sanitary convenience;

,,soil fitment' has the meaning assigned to it in the Building (Standards of Sanitary
Fitments, Plumbing, Drainage Works and Latrines) Regulations (Cap. 123 sub.
leg.);

'stall' includes any stand, marquee, mobile canteen, and any vehicle whether
movable or not which is used for the sale of food;

,'vending machine' means a coin-operated automatic vending machine. (L.N. 212 of
1973)

(2) A person shall be deemed for the purposes of these bylaws to engage in the
handling of food if for the purposes of a food business he carries out or assists in
the carrying out of any process or operation in the sale of food or in the preparation,
transport, storage, packing, wrapping, exposure for sale, service, or delivery of food.
(3) For the purposes of these bylaws, the supply of food, otherwise than

by sale at, in or from any place where food is supplied in the course of a
business, shall be deemed to be a sale of that food, and references to purchasing
and purchasers shall be construed accordingly; and where in connection with





any business in the course of which food is supplied the place where food is served
to the customers is different from the place where the food is prepared, both those
places shall be deemed to be places in which food is sold.

(4) In determining for the purposes of these bylaws whether any matter
involves risk of contamination to any food, regard shall be had to the extent to
which contamination in the respect in question is immaterial because of

(a) the nature of the food; or

(b) the manner in which the food is packed; or

(c)any process to which the food is to be subjected before sale to the
consumer, being a process to which food of that nature is normally
so subjected.

(10 of 1986 s. 32 (2)

4. Interpretation of food business

(1) In these bylaws, unless the context otherwise requires, the expression 'food
business' means, subject to the succeeding provisions of this bylaw, any trade or
business for the purpose of which any person engages in the handling of food or
food is sold by means of a vending machine. (L.N. 212 of 1973)

(2) The said expression does not include any agricultural activity, any canteen
in any naval, military or air force establishment or provided in any school or work
place (other than a factory canteen referred to in bylaw 31) for the use exclusively of
the pupils of the school and the persons employed in the work place, respectively,
any club or (except so far as the handling of food may be involved in the course of a
retail business or in the course of supplying food for immediate consumption) so
much of any trade or business as consists of the handling of food at, in or upon-
(L.N. 175 of 1980)

(a) any dock or wharf; or (L.N. 125 of 1970)

(b)except in the case of any business involving the transport of meat,
whether cooked or uncooked, any premises or place occupied by a
carrier of foods for the purposes of his trade as such a carrier; or

(c) any slaughterhouse; or

(d)any premises or place occupied by a wholesaler of raw vegetables
and used exclusively for the purpose of his trade or business as such
a wholesaler; or

(e) any premises which-

(i)are used exclusively for the storage of food manufactured and
packed by the occupier thereof; and

(ii) are situated outside the curtilage of the premises used for the
manufacture or packing of that food; and

(iii) are not used for the storage of any open food; or





(f)any warehouse, other than a warehouse in which articles of food are
stored under refrigeration. (L.N. 125 of 1970)

(10 of 1986s. 32(2)

PART 11

GENERAL REQUIREMENTS RELATING To FOOD BUSINESSES

5. Cleanliness and repair of food premises

(1) Every person who carries on any food business shall at all times cause the
walls, floors, doors, windows, ceiling, woodwork and all other parts of the structure
of any food premises used by him in the course of such food business to be kept
clean and free from noxious matters and to be kept in such good order, repair and
condition as to

(a) enable them to be effectively cleaned; and

(b)prevent, so far as is reasonably practicable, infestation by rats, mice
and insects and the entry of birds.

(2) No person engaged in any food business shall place or permit to be placed
or to remain placed any furniture or equipment, other than such as can be moved
without difficulty by one man, so near to any wall in any food premises as to
obstruct access to any part of such wall, or of such furniture or equipment, for the
purpose of cleaning.

(3) No person engaged in any food business shall knowingly suffer or permit

(a) in any food premises, the presence of rats, mice or insects; or

(b) in any food room, the presence of live birds or animals.

(4) If it appears to the Council on the report of any health officer or health
inspector that any food premises, or any part thereof, are or is, by reason of
uncleanliness or structural repair or condition, in such a state as to be unfit for use in
any food business, the Council may cause a notice to be served upon the proprietor
of such food business requiring him to cleanse, disinfest, limewash, repair or modify
such food premises, or such part thereof, in such manner and within such time as
shall be specified in the notice and, in the opinion of the Council, be necessary to
render such premises or such part thereof fit for use as food premises. (10of 1986s.
32(2); L.N. 387 of 1987)

(5) If the proprietor fails to comply with any of the requirements of a notice
served under paragraph (4)

(a) he shall be guilty of an offence; and

(b)the Council may cause such work as may be necessary for
compliance with the requirements of the notice to be carried





out and may recover any expenses incurred thereby from the

proprietor.(10of 1986s. 32(2))

6. Cleanliness of equipment, etc.

Every person who carries on any food business shall at all times cause all
furniture, articles, equipment and utensils with which food comes into contact, or is
liable to come into contact, in the course of such business to be kept clean and free
from noxious matters and in proper repair and free from cracks or chipping.

7. Prohibition of preparation of food in domestic premises

No person shall, for the purposes of any food business, give out any food, or
arrange for or permit the giving out of any food, for preparation or packing by
another person on or about any domestic premises.

7A. Prohibition of non-permitted colouring

matter on food premises

(1) No person engaged in any food business shall place or store or cause or
permit to be placed or stored on any food premises any colouring matter for use in
food which is not a permitted colouring matter.

(2) In this bylaw, 'permitted colouring matter means any colouring matter, or a
combination of more than one thereof, specified in the First Schedule to the
Colouring Matter in Food Regulations (Cap. 132 sub. leg.). (10 of 1986s. 32 (2)

(L.N. 247 of 1972)

8. Prohibition of use of food rooms for dwelling purposes

No person shall use or permit the use of any food room for the purpose of a
dwelling place, nor the use of any dwelling place as a food room.

9. Restriction on spitting

(1) No person shall spit in any food room, and no person shall spit in any other
part of any food premises except into a spittoon or other receptacle provided for that
purpose.

(2) Where the proprietor of any food business provides in any food premises
spittoons or other receptacles, he shall cause each such spittoon or receptacle to
contain disinfectant fluid and to be cleansed, and the fluid renewed, not less than
once in every 24 hours.

(3) In the case of any food business in respect of which a licence is required
under Part IV, the proprietor thereof shall, unless exempted in writing





by the Council, cause one or more notices prohibiting spitting, written in English
and Chinese, to be continuously displayed in a conspicuous manner in every food
premises. (10of 1986s. 32(2))

10. Protection of food from risk of contamination

Every person engaged in any food business shall, while so engaged, take all
such steps as may be reasonably necessary to protect the food from risk of
contamination or deterioration, and in particular, without prejudice to the generality
of the foregoing, no person shall

(a)so place, or cause, suffer or permit any other person so to place, any
open food as to involve any risk of contamination; or

(b)wrap up or otherwise bring any open food into direct contact with
any printed newspaper or other unclean paper or wrapping material.

11. Storage of open food

(1) No person in the course of any food business shall store (including display
for sale) or suffer or permit the storage of any open food other than uncooked
perishable food, except in a suitable container so designed and constructed as to
prevent, so far as is reasonably practicable, the access of dust, insects and vermin:

Provided that nothing in this paragraph shall be construed to prevent such
reasonable exposure of food as may be necessary in the course of carrying on the
business.

(2) No person shall knowingly suffer the existence of any dust, insects or
vermin within any such container referred to in paragraph (1).

12. Transport of open food

No person in the course of any food business shall transport, or cause, suffer
or permit to be transported, any open food in the open air except so far as may be
necessary for the purpose of loading or unloading any vehicle or container, unless
such open food is adequately protected by suitable material from risk of
contamination or deterioration.

13. Restriction on the use of open spaces

(1) No person shall for the purpose of any food business use, or cause, suffer
or permit to be used, any yard, alley, street, open space, roof top or open deck space
for the preparation or storage of open food or for the washing, cleansing or storage
of any equipment or utensil used in the preparation or service of food.





(2) Nothing in this bylaw shall be construed to prevent-
(a)any process in the manufacture or preparation of food in the
open air which could not reasonably be carried on elsewhere
having regard to the circumstances; but where the process of the
trade necessitates the use of open spaces, every such open space
shall be surfaced and drained to the satisfaction of the Council;
or
(b) the carrying on of any food business from a stall:
Provided that for the purpose of this subparagraph no open
food shall be placed lower than 450 mm from the ground unless it
is adequately protected from any risk of contamination. (L.N.
89 of 1979; 10 of 1986 s. 32 (2) )

14. Use of wet refrigerators, etc.

No person in the course of any food business shall keep, or cause, suffer or
permit to be kept, any drink contained in bottles in a wet refrigerator or
immersion cooler unless such bottles are placed in an upright position and the
level of the water in the refrigerator or cooler, as the case may be, is not less
than 75 mm below the mouths of the bottles.
(L.N. 89 of 1979)

15. Cleanliness and repair of food rooms

(1) The walls, floors, doors, ceilings, woodwork and all other parts of the
structure of every food room shall be kept clean and shall be kept in such good
order, repair and condition as to-
(a) enable them to be effectively cleaned; and
(b)prevent, so far as is reasonably practicable, any risk of infestation
by rats, mice or insects or the entry of birds.
(2) Where any works affecting the structure of a food room, other than
mere removal of part of the structure, are executed, the structure affected by
such works shall after the completion of the works be such as to-
(a) enable it to be effectively cleaned; and
(b)prevent, so far as is reasonably practicable, any risk of infestation
by rats, mice and insects and the entry of birds.

16. Accumulation of refuse in food rooms

No refuse or filth, whether solid or liquid, shall be deposited or allowed to
accumulate in a food room except so far as may be unavoidable for the proper
carrying on of the food business.





17.Certain tables, etc. to be surfaced with
hardwood or impervious material
No proprietor shall use, or suffer or permit to be used, in the preparation
of any food, any table, sideboard, bench or like article of furniture the surface
of which comes into contact with any food, or is liable to come into contact
with any food, unless such surface is made of smooth close jointed hardwood or
a smooth impervious material.

18. Prevention of lying or sitting on certain tables, etc.
No person shall lie down, sit or stand upon any table, sideboard, bench or
other article of furniture the surface of which comes into contact with any food
or is liable to come into contact with any food.

19. Sterilization and storage of utensils
No person engaged in any food business shall use, or cause, suffer or
permit to be used, in the course of such food business any crockery, glassware
or other utensil used in the preparation or consumption of food, which has not,
since the last occasion on which it was used for any purpose, been-
(a) (i) washed clean and thereafter immersed in boiling water,
other than the water used for the washing thereof, for not
less than one minute; or
(ii) washed clean and thereafter immersed for a period of at
least one minute and at a temperature of not less than 24
degrees Celsius in an effective and non-toxic solution of
a bactericidal agent approved by the Council; or
(iii) mechanically washed clean in an apparatus which has been
manufactured and sold for the washing of crockery,
glassware or other utensils of the type for the washing of
which such apparatus is being used and is of a type approved
by the Council; and (10of 1986s. 32(2))
(b) dried by evaporation or with a clean, light coloured drying cloth;
and
(c) unless immediately required for further use, stored in a cupboard
which has been rendered proof against the access of dust, insects
and vermin.
(L.N. 125 of 1970)

20. Cleansing of napkins, etc.
No person engaged in any food business involving the serving of meals to
customers shall provide for the use of any customer any napkin or cleansing
towel unless, since the last preceding occasion upon which such napkin or





cleansing towel was used for any purpose, it has been immersed for not less than
one minute in boiling water used exclusively for that purpose.

21. Prevention of contamination by contact with clothing

No person engaged in any food business shall hang up or otherwise place any
garments while not in use in such a place or in such a manner as to, or to be liable to,
come into contact with or to be suspended directly above any open food, and no
person shall hang up or otherwise place any such garments in any food room.

22. Personal cleanliness

Every person who engages in the handling of food in any food business shall
while so engaged

(a)keep as clean as may be reasonably practicable all parts of his person
which may be liable to come into contact with food;

(b)keep as clean as may be reasonably practicable all parts of his
clothing, overclothing or overalls which may be liable to come into
contact with food;

(e)keep any open cut or abrasion on any exposed part of his person
covered with a suitable waterproof dressing;

(d)refrain from the use of tobacco while he is handling any open food or
is in any food room.

23. Immunization of persons engaged in food

businesses against certain diseases

(1) No person shall be engaged in or take any part in any food business unless
he has been

(a) (Repealed L.N. 164 of 1982)

(b)immunized, in accordance with such of the requirements of a
notification under paragraph (3) as apply to him.

(2) Failure by any person engaged in or taking part in any such food business
as may be specified by notification under paragraph (3), on demand to produce for
inspection by any health inspector or health officer a valid certificate of
immunization against such disease as may be so specified shall be prima facie
evidence in any court of the commission by such person of a contravention of the
provisions of paragraph (1).

(3) The Council may from time to time by notification published in the Gazette
require persons employed in or taking part in all or any particular food businesses to
be immunized against such diseases as shall be specified in such notification. (10of
1986s. 32(2))

(L.N. 181 of 1978; L.N. 164 of 1982)





23A.Prohibition of employment in food businesses of
persons not immunized against certain diseases

(1) No proprietor of any food business, or, as the case may be, of any
such food business as may be specified by notification under bylaw 23(3), shall
employ any person in, or cause or permit any person to be engaged in or to take
part in, such business unless that person-
(a) (Repealed L.N. 181 of 1978)
(b) (Repealed L.N. 164 of 1982)
(e)has been immunized in accordance with such of the requirements
of a notification under bylaw 23(3) as apply to that person.
(L.N. 181 of 1978)
(2) Failure by the proprietor of any such food business as may be so
specified, on demand to obtain the production of, or to produce, for inspection
by any health inspector or health officer a valid certificate of immunization
against such disease as may be so specified, or a certified copy thereof, showing
that any person employed, engaged or taking part in such business, has been so
immunized shall be prima facie evidence in any court of the commission by him
of a contravention of the provisions of paragraph (1). (L.N. 164 of 1982)
(L.N. 121 of 1965; 10 of 1986 s. 32 (2)

24. Restriction on employment of persons
likely to spread diseases

(1) No person engaged in any food business who is suffering from a
discharging wound or sore on any exposed part of the body, or from a
discharge of the ear or from attacks of diarrhoea or vomiting or from a sore
throat shall take any part in the handling of open food:
Provided that a health officer may issue a certificate in writing to such
person exempting him from this paragraph in any case in which such health
officer is satisfied that no danger to the public health is involved.
(2) Any person engaged in the course of any food business in any food
room or in any room in which food is served or in the handling of open food
shall, if so required in writing by a health officer, submit himself to medical
examination at such time and place as such health officer shall direct and if,
after medical examination, a health officer is satisfied that such person is
suffering from any communicable disease, or is likely to communicate to any
other person any communicable disease, such health officer may notify such
person in writing to that effect and thereafter such person shall forthwith cease
to work or take part in the same or any other food business.
(3) A notification made under paragraph (2) shall remain effective until
cancelled by a further notification by a health officer declaring such first
mentioned notification to be cancelled.





(4) Subject to the proviso to paragraph (1), no person shall cause, suffer or
permit any other person whom he knows or has reason to believe to be suffering
from any of the complaints mentioned in paragraph (1) to take any part in the
handling of open food in any food business; and no person shall cause or suffer or
permit any other person in respect of whom he knows or has reason to believe a
notification made under paragraph (2) is effective to be engaged in the course of any
food business in any food room or in any room in which food is served or in the
handling of any open food.

25. Inspection books, etc.

(1) The Council may in its discretion supply to any food business an
inspection book or form for the use of health inspectors.

(2) Where such inspection book or form is provided by the Council, the
proprietor of the food business to which it has been supplied shall cause it to be
kept at all times on the food premises concerned and available for use by any health
inspector visiting the premises.

(3) No person shall destroy any such book or form or alter or obliterate any
entry made therein.

(10 of 1986 s. 32(2))

26. (Repealed 61 of 1976 s. 7)

27. Horse flesh to be labelled as such

Where in the course of any food business the flesh of any horse, mule, hinny or
donkey is sold, or offered or exposed for sale, it shall, at the time of the sale, or offer
or exposure for sale, be clearly labelled 'HORSE FLESH in English lettering and
Chinese characters of sufficient size to be easily legible to every customer.

28. Prohibition against the collection

of shell fish in certain places

No person shall collect for sale for human consumption any shell fish in the
waters of the Harbour adjacent to the Regional Council area.

(10 of 1986 s. 32 (2)

PART 111

PROHIBITED AND RESTRICTED FOODS

29. Prohibition of the sale, etc. of articles

specified in Schedule 1

No person shall sell, or offer or expose for sale, or possess for sale or for use in
the preparation of any article of food for sale, any of the foods specified in Schedule
1.





30.Restriction on the sale, etc. of articles
specified in Schedule 2

(1) Save with the permission in writing of the Council, no person shall-
(a)sell or offer or expose for sale, or possess for sale or for use in the
preparation of any article of food for sale, any of the foods
specified in items 1 to 5 inclusive, items 9 to 14 inclusive and
items 16 and 17 of Schedule 2: (L.N. 212 of 1973)
Provided that this subparagraph shall not apply to the
hawking of live poultry in any place or area for the time being set
aside by the Council pursuant to bylaw 4(2) of the Hawker
(Regional Council) Bylaws (Cap. 132 sub. leg.);
(b)sell or offer or expose for sale, or possess for sale any of
the foods specified in items 6, 7, 8 and 15 of Schedule 2 unless
such food is contained in an unopened hermetically sealed
container; or
(c)possess for use in the preparation of any article of food for sale
any of the foods specified in items 6, 7, 8 and 15 of Schedule 2
unless such food is, until the time it is about to be so used,
contained in an unopened hermetically sealed container. (L.N.
125 of 1970)
(2) Every permission granted under paragraph (1) shall-
(a)if granted to an applicant who is already in possession of a valid
licence granted by the Council under any of the following bylaws,
namely-
(i) these bylaws,
(ii) the Milk (Regional Council) Bylaws (Cap. 132 sub. leg.),
(iii) the Frozen Confections (Regional Council) Bylaws (Cap.
132 sub. leg.),
(iv) the Hawker (Regional Council) Bylaws (Cap. 132 sub. leg.),
be granted free of charge and shall be valid for so long as the
licence is valid;
(b)if granted to an applicant who is the lessee of a market stall
leased to him-
(i) by the Council under the provisions of the Public Market
(Regional Council) Bylaws (Cap. 132 sub. leg.), or
(ii) by the owner, within the meaning of the Private Markets
(Regional Council) Bylaws (Cap. 132 sub. leg.), of a private
market under the provisions of those bylaws,
be granted free of charge and shall be valid for the duration of
the lease; and
(c)if granted to an applicant to whom neither the provisions of
subparagraph (a) nor of subparagraph (b) apply, expire annually
on 31 March and be granted subject to the payment in advance to





the Council of the appropriate fee prescribed in the third column of
Schedule 2:

Provided that, where such permission is granted on or after 1
October in any year, the fee payable in respect of the grant thereof
shall be one-half of the fee so prescribed.

(3) Where the Council is satisfied that any permission granted under this bylaw
has been lost or destroyed, the Council may upon payment of a fee of 540 issue a
duplicate thereof. (L.N. 209 of 1983; L.N. 33 of 1987; L.N. 63 of 1988)

(4) For the avoidance of doubt, nothing in this bylaw shall be construed to
exempt any person from complying with any other licensing requirements prescribed
by these or any other bylaws.

(5) The Council may, by notice in the Gazette, exempt from an or any of the
prohibitions in paragraph (1), either generally or in any particular case, the following
persons or any such person or class of such persons

(a)any person who holds a licence granted under paragraph (1) of bylaw
31 or who is exempt from the prohibition in that paragraph pursuant to
a notice under paragraph (7) of the said bylaw;

(b)any person who holds a licence granted under the Milk (Regional
Council) Bylaws (Cap. 132 sub. leg.) or the Frozen Confections
(Regional Council) Bylaws (Cap. 132 sub. leg.) or a specified kind of
licence granted under the Hawker (Regional Council) Bylaws (Cap.
132 sub. leg.);

(e)any person who is a lessee of a market stall referred to in paragraph
(2)(b). (L.N. 181 of 1978)

(6) An exemption granted under paragraph (5) may be amended or revoked at
any time by the Council by notice in the Gazette. (L.N. 181 of 1978)

(10 of 1986 s. 32 (2)

PARTIV

LICENSING OF CERTAIN FOOD BUSINESSES

31. Licensing of food businesses

(1) Except under and in accordance with a licence granted by the Council under
this bylaw, no person shall carry on or cause, permit or suffer to be carried on any of
the following food businesses- (L.N. 212 of 1973)

(a) any food factory, not being a milk factory or a frozen confection

factory; or

(b) any restaurant; or
(ba) any factory canteen; or(L.N. 175 of 1980)





(c) any siu mei or lo mei shop; or
(d) any fresh provision shop; or
(e) any cold store. (L.N. 125 of 1970)
(2) For the purposes of this bylaw and of Schedule 3, the expression-

'cold store' means any warehouse in which articles of food are stored under
refrigeration; (L.N. 125 of 1970)

'factory' has the meaning assigned to it by section 2(1) of the Factories and
Industrial Undertakings Ordinance (Cap. 59); (L.N. 175 of 1980)

factory building' means any building which contains one or more factories; (L.N. 175
of 1980)

factory canteen' means any food business in a factory building which involves the
sale or supply of meals or unbottled non-alcoholic drinks other than Chinese
herb tea for consumption on the premises by persons employed in any factory
in that factory building, but does not include a restaurant or any business
carried on by a hawker who is the holder of a licence under the Hawker
(Regional Council) Bylaws (Cap. 132 sub. leg.); (L.N. 175 of 1980)

'food factory' means any food business which involves the manufacture or
preparation of food for sale for human consumption off the premises, but does
not include a frozen confection factory, a milk factory or any business carried
on by a hawker who is the holder of a licence under the Hawker (Regional
Council) Bylaws (Cap. 132 sub. leg.); (L.N. 125 of 1970)

fresh provision shop' means any food business which involves the sale of fresh
frozen beef, mutton, pork, reptiles (including live reptiles), fish (including live
fish) or poultry (including five poultry), but does not include a restaurant,
factory canteen, market stall or any business carried on by a hawker who is the
holder of a licence under the Hawker (Regional Council) Bylaws (Cap. 132 sub.
leg.); (L.N. 125 of 1970; L.N. 212 of 1973; L.N. 152 of 1976; L.N. 175 of 1980)

frozen confection factory' means any food business which involves, within the
meaning of the Frozen Confections (Regional Council) Bylaws (Cap. 132 sub.
leg.), the manufacture of any frozen confection;

'milk factory' means any food business which involves, within the meaning of the
Milk (Regional Council) Bylaws (Cap. 132 sub. leg.), the processing or
reconstitution of milk or any milk beverage; (L.N. 216 of 1977)

'restaurant' means any food business which involves the sale of meals or unbottled
non-alcoholic drinks other than Chinese herb tea, for consumption on the
premises, but does not include a factory canteen or any business carried on by
a hawker who is the holder of a licence under the Hawker (Regional Council)
Bylaws (Cap. 132 sub. leg.); (L.N. 125 of 1970; L.N. 175 of 1980)





',siu mei and lo mei shop' means any food business which involves the sale by retail
of siu mei or lo mei, but does not include a restaurant, factory

canteen or any business carried on by a hawker who is the holder of a

licence under the Hawker (Regional Council) Bylaws (Cap. 132 sub. leg.).

(L.N. 125 of 1970; L.N. 175 of 1980)

(3) Without prejudice to anything contained in the Ordinance relating to
licences, any licence granted under this bylaw may be subject to any or all of the
following conditions

(a)a condition prohibiting or restricting the carrying on at or from the
food premises to which such licence relates of any particular kind of
food business;

(b)a condition prohibiting or restricting the carrying on at or from the
food premises to which such licence relates of any kind of business
other than that specified in the licence;

(c)a condition prohibiting or restricting the sale to customers at or from
the food premises to which such licence relates of any food or drink or
any class of food or drink other than such food or drink or class of
food or drink as may be specified in the licence. (L.N. 125 of 1970)

(4) Every licence, other than a temporary licence, granted under this bylaw shall
be renewable annually on the day specified in the fifth column of Schedule 3.

(5) The grant or renewal of every such licence shall be subject to the payment in
advance to the Council of the appropriate fee prescribed in the fourth column of
Schedule 3 for the class of licence issued:

Provided

(a)that where any such licence is issued in the second half of any year of
licence the fee payable in respect of that year of licence shall be one-
half of the fee prescribed; and

(b)that a temporary licence for any period not exceeding 7 days may be
granted upon payment of a fee of (L.N. 209 of 1983; L.N. 33 of 1987;
L.N. 63 of 1988; L.N. 97 of 1989)

(6) Where the Council is satisfied that any licence granted under these bylaws is
lost or destroyed, the Council may upon payment of a fee of $105 issue a duplicate
thereof. (L.N. 209 of 1983; L.N. 33 of 1987; L.N. 63 of 1988;

L.N. 9 7of 1989)

(7) The Council may, by notice in the Gazette, exempt from the prohibition in
paragraph (1), either generally or in any particular case, any person who carries on
any food business or class of food business mentioned in that paragraph. (L.N. 181
of 1978)

(8) An exemption granted under paragraph (7) may be amended or revoked at
any time by the Council by notice in the Gazette. (L.N. 181 of 1978) (10 of 1986s.
32(2) )





32. Application for licence
(1) Every application for a licence under bylaw 31 shall be made in
writing addressed to the Council and accompanied by 3 copies of a plan, as
nearly as may be to scale, of the whole of the food premises (excluding a stall)
to which such licence will relate, and, so far as may be applicable having regard
to the nature of business, including the following particulars-
(a)space allocated to the cooking, preparation or handling of open
food;
(b) space allocated to the storage of any kind of open food;
(c) space allocated to the serving of meals to customers;
(d)space allocated to the cleansing, drying or storage for ready use
of utensils;
(e) sanitary fitments and drainage works;
(f) cloakrooms, passageways and open spaces;
(g) all means of exit, entry and internal communication;
(h)all windows or ducts providing ventilation or, in the case of
ventilation by mechanical means, such means;
(i)the siting of all furniture of a substantial and permanent nature,
including food manufacturing or preparation plant, cooking
ranges, refrigeration or cooling equipment, fixed sideboards,
washbasins or sinks, drying racks, water tanks and other like
equipment;
(j) means of refuse storage and disposal;
(k)space allocated to the thawing of frozen articles of food and to
facilities for inspection and sampling of such food. (L.N. 125 of
1970)
(2) Every plan submitted for approval under paragraph (1) shall be
accompanied by a statement in writing declaring-
(a) the class of licence required; and
where applicable-
(b) the type of heating equipment and fuel intended to be used; and
(c)the type and country of manufacture of any air conditioning
plant intended to be installed.
(3) Every plan or such modification thereof as is approved by the Council
shall be endorsed to that effect and shall be signed by or on behalf of the
Council and one copy shall be returned to the applicant and the remaining 2
copies shall be retained by the Council.
(10 of 1986 s. 32 (2)

33. Conditions for issue of licence
(1) No licence shall be granted under bylaw 31 unless the Council is
satisfied, in relation to the premises in respect of which the application for such
licence was made, that-





(a)the plan referred to in bylaw 32 has been approved by the
Council and the premises conform thereto;
(b)the means of ventilation provided, whether natural or mechanical
or partly natural and partly mechanical, are sufficient in every
part of the premises, other than any part used exclusively for
storage purposes, to safeguard in that respect the maximum
number of person likely to be in such part of the premises at any
one time;
(e)sanitary fitments are provided to a standard not less than that
required by the Building (Standards of Sanitary Fitments,
Plumbing, Drainage Works and Latrines) Regulations (Cap. 123
sub. leg.):
Provided that in the case of any premises to which such
regulations do not apply, the Council may approve such lesser
standard as, having regard to considerations of public health and
the circumstances of the case, it may consider adequate;
(d)public mains water is laid on to the premises and that adequate
tank storage suitably protected against access of dust and
mosquitoes is provided:
Provided that where the Council is satisfied that public
mains water cannot reasonably be laid on, for all or any purpose,
the Council may in its discretion approve such other water supply
as, having regard to consideration of public health, it considers
adequate;
(e)no food room contains any soil fitment or Iatrine fitment or
communicates directly with a room or other place which contains
a soil fitment or Iatrine fitment;
(f)the floors and internal surfaces of the walls of every food room to
a height of not less than 2 m are surfaced with smooth light
coloured non-absorbent material and the junctions between the
walls and floors are coved; (L.N. 89 of 1979)
(g) the ceilings of every food room are rendered impervious to dust;
(h)in the opinion of the Council, the facilities for cleansing
equipment and utensils used in the preparation, service or
consumption of food on the premises are adequate having regard
to the nature of the food business to be carried on;
(i)except where adequate provision is made elsewhere, suitable and
sufficient cupboard or locker accommodation is provided for
clothing and footwear not worn during working hours of all
persons engaged in the handling of food on or about the
premises:
Provided that-





(i) this requirement shall not apply to food premises upon which no
open food is handled; and

(ii)this requirement may be waived or modified by the Council by
notice in writing;

(j)in the case of any restaurant (other than a restaurant selling only light
refreshments) in respect of which

(i) a licence was granted before 1 February 1974; and

(ii)since that date, no alteration has been made to the space
allocated to the kitchen, the preparation of food or the seating
accommodation,

the space allocated to the kitchen and the preparation of food and
cleansing of utensils is not less in proportion to the space allocated
to the seating accommodation than that prescribed in Schedule 4;
(L.N. 212 of 1973)

(ja) in the case of any restaurant (other than a restaurant selling only light
refreshments) in respect of which a licence was not granted before 1
February 1974, the space allocated to the kitchen and the preparation
of food and cleansing of utensils is not less in area, or in proportion
to the gross floor area, than that prescribed in Part 1 of Schedule 5;
(L.N. 212 of 1973)

(k)in the case of any light refreshment restaurant, in respect of which

(i) a licence was granted before 1 February 1974; and

(ii) since that date, no alteration has been made to the space
allocated to the kitchen, the preparation of food or the usable
floor space,

the total space allocated to the kitchen and the preparation of food
and cleansing of utensils is not less in proportion to the usable floor
space than that prescribed in Schedule 4; (L.N. 212 of 1973)

(ka) in the case of any light refreshment restaurant in respect of which a
licence was not granted before 1 February 1974, the total space
allocated to the kitchen and the preparation of food and cleansing of
utensils is not less in area, or in proportion to the gross floor area,
than that prescribed in Part II of Schedule 5;

(L.N. 212 of 1973)

(kb) in the case of any factory canteen, the total space allocated to the

kitchen and the preparation of food and cleansing of utensils is
not less in area, or in proportion to the gross floor area, than that
prescribed in Part 111 of Schedule 5; (L.N. 175 of 1980)

(1) the surface of every article of furniture referred to in bylaw 17 is

capable of being lit to a standard of not less than 90 lux, and the
top plates of every stove and cooking range are capable of being





lit to a standard of not less than 65 lux, either by natural or
artificial lighting or partly by natural and partly by artificial
lighting; and (L.N. 89 of 1979)
(m)any heating equipment or air conditioning plant provided is
properly installed and, having regard to the nature of the pre-
mises, is not likely to be dangerous.
(2) Where the premises in respect of which such application is made are a
vessel, the provisions of paragraph (1) shall apply subject to such modification
as is appropriate.
(10 of 1986 s. 32 (2)

33A.Additional requirement for issue of licence
for siu mei and lo mei shops
No licence shall be granted by the Council under bylaw 31 in respect of a
siu mei or lo mei shop unless the Council is satisfied that the premises in respect
of which the application is made are not being used for the sale of fresh meat.
(L.N. 125 of 1970; 10 of 1986 s. 32(2)

33B. Compliance with fire safety requirements
No licence shall be granted by the Council under bylaw 31 unless the
applicant for such licence produces to the Council such evidence as the Council
shall require that the premises in respect of which the application is made
comply with any requirements issued by the Director of Fire Services.
(L.N. 238 of 1982; 10 of 1986 s. 32(2))

34. Restriction on alteration of premises
or fittings after grant of licence
After the grant or renewal of any licence under these bylaws, except with
the written permission of the Council, no licensee shall, in respect of the
premises in relation to which such licence was granted, cause or permit-
(a)any alteration or addition which would result in deviation from
the plan approved under bylaw 32; or
(b) any alteration in respect of any matter specified in bylaw 33; or
(c)in relation to any heating equipment, any alteration of any part
of such equipment or any change in the type of fuel used therein.
(10 of 1986 s. 32 (2)

PART V

OFFENCES AND MISCELLANEOUS

35. Offences and penalties
(1) Any person who-





(a)contravenes any of the provisions of bylaw 5(1), (2) or (3), 6, 7, 7A, 8,
9, 10, 11, 12, 13, 14, 17, 18, 19, 20 21, 22, 23(1), 23A(1),
24(1)or(4),25(2)or(3),28,29,30(1),31(1)or34; (L.N.121of 1965; L.N. 247 of
1972; 61 of 1976 s. 7; L.N. 218 of 1984; L.N. 291 of 1987)

(b) (Repealed L.N. 181 of 1978)

(c)being a person engaged in the course of any food business, in any
food room or in any room in which food is served or in the handling
of open food

(i) fails to submit himself to medical examination when required to
do so under bylaw 24(2); or

(ii) fails to cease to work or to take part in any food business when
required to do so by the provisions of that paragraph,

shall be guilty of an offence.

(2) In the event of any contravention of any of the provisions of bylaw 15, 16 or
27, the licensee of the food business in relation to which the contravention occurred
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 and imprisonment as follows and, where the offence is
a continuing offence, to an additional fine as follows for each day during which it is
proved to the satisfaction of the court that the offence has continued

(a)in the case of an offence under bylaw 30(1) or 31(1) a fine of $25,000,
imprisonment for 6 months and $500 for each day as aforesaid;

(b)in the case of any other offence mentioned in paragraph (1) or (2), or
an offence under bylaw 5(5), a fine of $5,000, imprisonment for 3
months and $150 for each day as aforesaid. (L.N. 181 of 1978; L.N. 175
of 1980; L.N. 291 of 1987)

(10 of 1986 s. 32 (2)

36. 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)





SCHEDULE1 [bylaw 291

PROHIBITED
FOODS

Item Description of food
1 The following Chinese dishes-
Yu Sang (*,*).

2. Fresh or frozen meat of animals which have been slaughtered in Hong Kong otherwise than

in a Government slaughterhouse or in a slaughterhouse approved by the Urban Council
in respect of the Urban Council area and the Regional Council in respect of the Regional
Council area.

3. Shell fish which have been collected in contravention of bylaw 28 of these bylaws or of
bylaw

29 of the Food Business (Urban Council) Bylaws (Cap. 132 sub. leg.).

(L.N. 78 of 1972; 10 of 1986s. 32(2))

SCHEDULE2 [bylaw 30]

RESTRICTED Food

item Description Annual fee

1.Fresh or frozen meat, excluding meat specified in schedule 1 260

2.Fresh or frozen game
............................................................. 260

3.Fresh, frozen or live fish excluding fish on a fish farm 260
4.Fresh, frozen or live po, poultry excluding live poultry on a poultry farm
260
5.Fresh or frozen shell fish, excluding shell fish specified in Schedule 1 260

6.Imported cooked or dried meat or imported meat which has been otherwise
treated or prepare ...................260

7.Imported intestine other parts of any animal which are prepared in the form of sausage sings .............260

8.Imported pies usages or other prepared or manufactured articles of food
Which con contain any meat or cooked or dried meat other than fat 260

9.Milk or any milk beverage, being milk or a milk beverage to which the
Milk Regional Council) Bylaws (Cap. 132 sub. leg.) apply, other than
sterilized milk or milk beverage approved under bylaw 4(2) thereof 260

10.(a) Soft ice cream 260
Other frozen confections ..............260

11.Chinese herb tea 260

12.Non-bottled drinks --- 260

13.Siu Mei (*g) or Lo Mei (AN 9) ........260

14.Cut fruit....................................260





Item Description of food Annual fee

15.................................Leung Fan ......
...................................260
16.................................Man Tau Lo 260
17.................................Food sold by means of a vending machine 635

(L.N. 97 of 1989)

SCHEDULE 3 [bylaw 3 11

LICENSING FEES

Class Nature ofSize of premises Fee Date of
of businessby reference to renewal
licence floor area

A. Food Factories

Exceeding Not exceeding
M2 M2

1. General ........100 1,765
'00 150 ....2,200
150 200 ....3,090
200 250 ....3,975
250 300 ....4,865
3 0 350 ....5,740
00

350..................400 6,625
400..................450 7,510
450..................500 8,400
600 ..............9,720 1 October

700 ..............11,495
800 ..............13,250
800..................900 15,030
900..................1000 16,790
1000.................2000 26,520
2000.................3000 44,200
3 WO.................4000 61,880

4000 5000 .............
79,565

5000
.......................................................
88,405





Class Nature of Size of premises fee Date of

of business by reference to $ renewal

licence floor area

Exceeding Not exceeding
M2 M2

2. Bakeries ...100 . . .....
1,260
100 150 . . ........
1,580
150 200 ...............
2,215

200 250 .....2,850
250 3 .......3,480
300 ................ 4,115
350 ................ 4,750
400 50 **** .5,380
450 500 .....6,020
500 600 .....6,960 1 January
600 700 .....8,220
700 800 .....9,485
800 900 .....10,760
900 1000 ....12,020
1000 2000 ....18,980
2000 3000 ....31,630
3000 4000 ....44,295
4000 5000 ....56,940

5000 ...............63,265

B. Restaurants

Exceeding Not exceeding
2 M2

1. General and ........100 1,765
marine 100 150 ....2,200
150 200 ....3,090
200 250 ....3,975
250 300 ....4,865
300 350 ....5,740
350 400 ....6,625
400 450 ....7,510
450 500 ....8,400
500 600 ....9,720 1 July
600 700 ....11,495
700 800 ....13,250

exceeding ....
....

800..................900 15,030
900..................1000 16,790
1000.................2000 26,520
2000.................3000 44,200
3000.................4000 61,880
4000.................5000 79,565
5000........................................................................
88,405...............





Class Size of premises
Of Nature of Fee Date
by reference to
licence business floor area

Exceeding Not exceeding

M2 m 2

2. Light ............100 1,260
refreshments ............... 80
100 150 .......1,5 0
150 200 .......2,215
200 250 ........2S50
250 300 .....1/3,480
...............1
300 350 .......4,115
350 400
...........4,750
400 450 .......5,380

450 500 ..

........ 6,020

500 600 ............... 6,960
600 ....700 . .8,220
700 ....80 ....9,485
800 ....9j00 ..10,760
900 ....11,000 125020
1000 ....~ 000 .18,980
2000 ....3 000 .31,630
3000 ....4000 ..44,295
4000 ....5000 ..56,940
5000 ..................
................................... 63,265

C. Siu Mei and......All sizes ......................................... 1,305 1 April
Lo Mei Shops

D. Fresh Provision
Shops
For sale of-

1 . Pork All :-S..............
................................................... 1,690
size
2. Beef All s.............. 1,690
3. Mutton.................All sizes....................................................... 1,690
4. Fish All sizes................................................................ 1,690
(including
live fish) .................. 1 April
5. Poultry................All.............................................. 1 1,690
(including
live poultry)

6. Reptiles...............sizes
....................................................... 1,690
(including
live reptiles)





Class Size of premises

Of Nature of Fee Date of

licence business by reference to $ renewal
floor area
E. Cold Stores
Exceeding Not exceeding
m

m 2 12

..........3,535
200................................. 5,305
400.................00 8,840
600.................00 12,375
800.................1000 15,915 1 October
1000.................2000 26,520
2000.................3000 44,200
3000.................4000 61,880
4000.................5000 79,565
5000.....................
...................................... 88,405

F. Factory
Canteens

Exceeding Not exceeding
M2 M2

100 .....1,260
100 150 .....1,580
150 200 .....2,215
206 250 .....2,850
250 300 .....3,480
300 350 .....4,115
350 400 .....4,750
400 450 .....5,380
40 500 .....6,020
500 600 .....6,960 1 July
600 700 .....8,220
700 800 .....9,485
800 900 .....10,760
900 1000 ....12,020
1000 2000 ....18,980
2000 3000 ....31,630
3000 4000 ....44,295
4000 5000 ....56,940

g/Not,

5000
.......................................................
63,265
Notes: (1)Where, in the case of Class AI licences, a general food factory includes an open air
drying ground for the manufacture of dried food or soy sauce, the open air area will
be discounted by 50% for the purpose of calculating fees.

(2)Where, in the case of Class D licences, more than one class of licence is required by
the same applicant for the same premises, the aggregate fee shall not exceed
$6,760.

(L.N. 97 of 1989)





SCHEDULE 4 [bylaw 33(1)(j) & (k))

APPORTIONMENT OF SPACE IN RESTAURANTS
PART I
Class B1 and B2 restaurants

Seating accom. Kitchen accom.Aggregate area of kitchen,
in M2 in M2food preparation room and
scullery accom. in M2

65 or less Not less than 6 Not less than 1/2 of the total area of seating
accommodation.
66- 75 10 Not less than 33 M2
76- 85 34
96- 95 35
96-100 36
101-110 37

111 or over 14 Not less thanof the total area of seating
accommodation.

PART 11

Class B3 restaurants wishing to sell any hot Chinese dishes which may from time to time be
permitted under their licences

Usable floor Minimum aggregate area of kitchen, food
space in m2 preparation room and scullery accom. in M2
22 or less 5 m'

23- 35 221% of usable floor space or 7 M2 whichever is the less.
36- 55 20% of usable floor space or 9 m' whichever is the less,
56- 95 16% of usable floor space or 14 M2 whichever is the less.
96-185 15% of usable floor space or 19 M2 whichever is the less.
186 or over 10% of usable floor space or 28 M2 whichever is the less.
Note:The usable floor space is the aggregate floor area of the restaurant excluding any offices,
store-rooms, staircases, staircase halls, lift landings (up to a maximum of 5 m2 space
used in providing water closet fitments, urinals and lavatory basins, and any space
occupied by machinery for any lift, air-conditioning system or similar service. (L.N. 125 of
1970)

(L.N. 89 of 1979)





SCHEDULE 5 [bylaw 33(1)(ja), (ka)

& (kb)]

APPORTIONMENT OF SPACE IN RESTAURANTS AND
FACTORY CANTEENS

Ratio of Food Preparation Space, Scullery and Kitchen Area to
Gross Floor Area

PART I

Class B l and B2 restaurants

Gross floor Minimum Minimum aggregate area of kitchen,
area in m2 kitchen area food preparation room and scullery
in M2 accommodation in m'
100 or less 630% of gross floor area, but not less than 9 m'.
101-150 1025% of gross floor area, but not less than 27 M2.
151-250 1023% of gross floor area, but not less than 36 m'.
251 or over 1421 % of gross floor area, but not less than 54 M2.

PART II

Class B3 restaurants

Gross floor Minimum aggregate area of kitchen, food
area in m2 preparation room and scullery accommodation in m'
22 or less Not less than 5 M2.
23- 35 20 % of gross floor area or 7 M2 whichever is the less.
36- 55 18 % of gross floor area or 8 m' whichever is the less.
56- 95 14 % of gross floor area or 12 m' whichever is the less.
96-185 13 % of gross floor area or 17 m' whichever is the less.
186 or over 9 % of gross floor area or 28 m' whichever is the more.

PART 111

Class F factory canteens

Gross floor Minimum aggregate area of kitchen, food
area in M2 preparation room and scullery accommodation in M2
Any gross floor area 15% of gross floor area, but not less than 6 M2.
Note:Gross floor area is the roofed-over area used exclusively for the business of the restaurant
or factory canteen, It includes store-rooms, cold storage chambers, staff changing rooms,
offices, air-conditioning engine rooms, lavatories, lift lobbies, stair halls and any space
used exclusively by the restaurant or factory canteen. It does not include any yard or
open space.

(L.N. 212 of 1973; L.N. 89 of 1979; L.N. 175 of
1980)

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/2585

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

29
]]>
Tue, 23 Aug 2011 18:08:52 +0800
<![CDATA[FOOD AND DRUGS (COMPOSITION AND LABELLIG) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2584

Title

FOOD AND DRUGS (COMPOSITION AND LABELLIG) REGULATIONS

Description






FOOD AND DRUGS (COMPOSITION AND LABELLING)
REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation Page

1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... W 2

2. Interpretation... ... ... ... ... ... ... ... ... ... ... ... ... ... W 2

3. Standards of composition ... ... ... ... ... ... ... ... ... ... ... ... W 4

4. Marking and labelling ... ... ... ... ... ... ... ... ... ... ... ... W 4

4A. Labelling of prepackaged food ... ... ... ... ... ... ... ... ... ... W 4

5. Offiences and penalties ... ... ... ... ... ... ... ... ... ... ... ... ... W 4

6. Name in which proceedings may be brought ... ... ... ... ... ... ... ... W 5

7. Compliance with other labelling requirements ... ... ... ... ... ... ... ... W 5

First Schedule. Part I-Composition of foods and drugs other than milk and milk

products... ... ... ... ... ... ... ... ... ... ... W 5
Part II-Composition of milk and milk products ... ... ... ... ... W 6

Second Schedule. Marking and labelling of foods and drugs ... ... ... ... ... ... W 8

Third Schedule. Marking and labelling of prepackaged foods ... ... ... ... ... ... W11

Fourth Schedule. Items exempt from Third Schedule ... ... ... ... ... ... ... ... W 13





FOOD AND DRUGS (COMPOSITION AND LABELLING)
REGULATIONS

(Cap. 132, section 55)

[11 November 1960.]

1. These regulations may be cited as the Food and Drugs
(Composition and Labelling) Regulations.

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

'additive' means any substance, not commonly regarded or used as
food, which is added to, or used in or on, food at any stage to affect
its keeping qualities, texture, consistency, appearance, taste, odour,
alkalinity or acidity, or to serve any other technological function in
relation to food, and includes processing aids in so far as they are
added to, or used in or on, food as aforesaid, but does not include

(a)vitamins, minerals or other nutrients in so far as they are used
solely for the purpose of fortifying or enriching food or of
restoring the constituents of food;

(b) herbs or spices when used as seasoning;

(e) hops;

(d) salt;

(e) yeast or yeast extracts;

the total products of any hydrolysis or autolysis of food
protein;

(g) starter cultures;

(h) malt or malt extract;

(i)any substance which is present in food solely as a result of its
addition to animal, bird or fish feedingstuffs or its use in a
process or treatment carried out in crop husbandry, animal
husbandry, veterinary medicine or storage (including any
pesticide, fumigant, sprout depressant or veterinary medicine);
or

(j) air or water.,

'Authority' means the Secretary for Municipal Services;

'catering establishment' means a restaurant, canteen, club, public
house, school, hospital or other establishment (including a vehicle
or a fixed or mobile stall) where, in the course of a business, food is
prepared for delivery to the ultimate consumer for immediate
consumption;





'container' includes every kind of box, bottle, tin, carton, package or
wrapping enclosing an article or substance, but does not include
an outer cover or wrapping superimposed for the purpose of
consignment or delivery;

frozen confection' means any confection commonly sold for human
consumption in a frozen or chilled state;

'ingredient' means any substance, including any additive and any
constituent of a compound ingredient, which is used in the
manufacture or preparation of a food and which is still present in
the finished product, even if in altered form;

'labelling', in relation to a food, includes any words, particulars, trade
mark, brand name, pictorial matter or symbol relating to the food
and appearing on the packaging of the food or on any document,
notice, label, ring or collar accompanying the food;

'meat' means the flesh or other edible part of

(a) any animal; or

(b) any bird,

intended for human consumption;

'milk' means cows milk and includes cream and separated milk but does
not include dried milk, condensed milk or reconstituted milk or
buffaloes milk or goats milk;

'milk beverage' means any beverage resulting from the combining with
a liquid of milk fat and other solids derived from milk, whether
exclusive of any food additive or otherwise;

'permitted colouring matter' means any colouring matter specified in the
First Schedule to the Colouring Matter in Food Regulations, or any
combination of such colouring matters;

'prepackaged food' means any food packaged, whether completely or
partially, in such a way that

(a)the contents cannot be altered without opening or changing
the packaging; and

(b)the food is ready for presentation to the ultimate consumer or
a catering establishment as a single food item;

'reconstituted milk' means products resulting from the recombining
with water of milk constituents, namely, milk fat and other solids
derived from milk exclusive of any other substance, and includes
the products resulting from the melting of frozen concentrated milk
and 'to reconstitute milk' shall be construed accordingly;

'sell' includes offer or expose for sale and have in possession for sale,
and 'sale' and 'sold' shall be construed accordingly;

'tenderized meat' means meat which has been treated with proteolytic
enzymes or meat derived from live animals or birds which have been
so treated;





'ultimate consumer means any person in Hong Kong who buys
otherwise than

(a) for the purpose of resale;

(b) for the purposes of a catering establishment; or

(e) for the purposes of a manufacturing business.

(2) For the purposes of these regulations, the supply of food,
otherwise than by sale, at, in or from any place where food is supplied in
the course of a business shall be deemed to be a sale of that food, and
references to purchasers shall be construed accordingly.

3. The standards of composition of the foods and drugs specified in
the First Schedule shall be the standard prescribed in respect thereof in
that Schedule.

4. The foods and drugs specified in the Second Schedule shall be
marked and labelled in the manner prescribed in that Schedule.

4A. (1) Without prejudice to regulation 4 but subject to paragraph
(2), prepackaged food shall be marked and labelled in the manner
prescribed in the Third Schedule.

(2) The items listed in the Fourth Schedule shall be exempt from the
requirements of this regulation to the extent specified in that Schedule.

(3) The Authority may by notice in the Gazette amend the Fourth
Schedule.

5. (1)' Any person who advertises for sale, sells or manufactures for
sale any food or drug which does not conform to the relevant
requirements as to composition prescribed in the First Schedule or which
is not marked and labelled in the manner prescribed in the Second
Schedule or the Third Schedule commits an offence and is liable to a fine
of 525,000 and to imprisonment for 6 months.

(2) In any proceedings for an offence against paragraph (1) 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, advertisements, he received
the advertisement for publication in the ordinary course of business.

(3) In any proceedings for an offence against paragraph (1) in
relation to the possession for sale of any prepackaged food which is not
marked or labelled in the manner prescribed in the Second Schedule or
the Third Schedule, it shall be a defence for the defendant to show that
before offering the food for sale he would have taken all reasonable
steps to ensure that the food was so marked or labelled.





6. 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
criminal offences, prosecutions for an offence under any of the
provisions of these regulations may

(a)where the offence was committed in respect of drugs, be
brought in the name of the Director of Medical and Health
Services

(b)where the offence was committed in the Urban Council area in
respect of food, be brought in the name of the Urban Council;
or

(c)where the ofrence was committed in the Regional Council area
in respect of food, be brought in the name of the Regional
Council.

7. Nothing in these regulations shall be construed as exempting any
person from compliance with any other provisions of the Ordinance
which relate to the labelling of food.

FIRST SCHEDULE [reg. 3.]

(In this Schedule reference to proportion or percentage
means proportion or percentage by weight)

PART I

COMPOSITION OF FOODS AND DRUGS OTHER THAN MILK AND MILK PRODUCTS

1. Drugs and ingredients and component parts of drugs shall conform to the
standards specified therefor respectively in the British Pharmacopoeia or British
Pharmacopoeia Codex.

2. Margarine shall be any article of food, whether mixed with butter or not,
which resembles butter and is not milk-blended butter. It shall be free from rancidity
and shall contain neither more than 16% moisture nor more than 10% butter fat.

3. Coffee shall be the seed of Coffea arabica and other species of the genus
Coffea and shall contain no foreign substances.

4. Lard shall be the clean fat rendered from the meat of the hog. It shall
contain not more than 1 % of substances other than hog fat unavoidably
incorporated with it in the process of rendering, and not more than 1 % of water. It
shall not contain any foreign substance.

5. Vinegar shall be a liquid derived wholly from alcoholic and acetous
fermentations without any intermediate distillation. It shall contain not less than
4.0 grammes of acetic acid in 100 cubic centimetres of the vinegar, and shall not
contain any other foreign substance, except caramel.

6. Malt vinegar shall be vinegar as prescribed in item 5, but it shall be derived
wholly from malted barley, with or without addition of cereals, the starch of which
has been saccharified by the diastase of malt.

Nothing prescribed in this item or in item 5 shall apply to Chinese native
vinegar sold as such under the names of Chit Ts'o Pak Ts'o or Hak Ts'o

7. Honey shall contain not more than 5% of sucrose.

8. Baking powder shall yield not more than 1.5% of its weight of residual
carbon dioxide and not less than 8% of its weight of available carbon dioxide, the
weight of residual and available carbon dioxide, respectively, being determined in
the following manner











(a) Residual carbon dioxide-

A sample of 2 grammes of baking powder shall be treated with 25
millitres of water and evaporated to dryness on a boiling water bath and
subsequently treated with a further 25 millilitres of water and evaporated
in like manner. The weight of the residual carbon dioxide is the weight
evolved when the sample so treated is further treated with excess of dilute
sulphuric acid at room temperature, the evolution being completed either
by boiling or by means of reduced pressure.

(b) Available carbon dioxide-

The weight of available carbon dioxide is the difference between the
total weight of carbon dioxide and the weight of the residual carbon
dioxide obtained when the sample is treated in the manner prescribed in
paragraph (a), the total weight of carbon dioxide being determined by
ascertaining the weight evolved when a similar sample of the baking
powder is treated with excess of dilute sulphuric acid at room temperature,
the evolution being completed either by boiling for 5 minutes or by means
of reduced pressure.

PART 11

COMPOSITION OF MILK AND MILK
PRODUCTS

9. Milk and reconstituted milk shall contain not less than 3.25% of milk fat,
and the quantity of milk solids, other than milk fat, present in milk and
reconstituted milk shall not be less than 8.5%.

9A. A milk beverage shall contain not less than 0.1% of milk fat.

10. Cream shall consist of that part of milk rich in fat which has been-

(a)in the case of clotted cream, produced and separated by scalding, cooling
and skimming; and

(b) in every other case, separated by skimming or otherwise.

11. (1) Subject to paragraphs (2) to (6), cream, howsoever described as cream,
including such descriptions as single cream, pouring cream, coffee cream, fruit
cream, or reconstituted cream, shall contain not less than 18% milk fat.

(2) Sterilized cream shall contain not less than 23% milk fat.

(3) Half cream and sterilized half cream shall contain not less than 12% milk
fat.

(4) Whipping cream and whipped cream shall contain not less than 35% milk
fat.

(5) Double cream and thick cream shall contain not less than 48% milk fat.

(6) Clotted cream shall contain not less than 55% milk fat.

12. (1) No sterilized cream or ultra heat treated cream shall contain more than
0.2% of any one or, as the case may be, more than 0.2% of any combination of the
following ingredients

(a) calcium chloride;

(b) sodium or potassium salts of-

(i) carbonic acid;







(ii) citric acid;

(iii) orthophosphoric acid.

(2) No cream which is sold or delivered to a manufacturer for the purpose of
his manufacturing business or to a caterer for the purpose of his catering business
shall contain more than 13% sugar.

(3) No whipping cream which is sold or delivered to a manufacturer for the
purpose of his manufacturing business or to a caterer for the purpose of his catering
business, whipped cream and cream in an aerosol container shall contain

(a) more than 13% sugar; and





(b)more than 0.3% of any one or, as the case may be, more than 0.3% of
any combination of the following ingredients

(i) sodium alginate or a mixture of sodium bicarbonate, tetrasodium
pyrophosphate and alginic acid;

(ii) sodium carboxymethyl cellulose.,

(iii) carrageenan;

(iv) gelatin.

(4) Whipped cream and cream in an aerosol container may contain nitrous
oxide.

(5) No cream in an aerosol container shall contain more than 0.5% of glycery]
monostearate.

(6) Clotted cream may contain nisin.

13. The product known as 'half and half consisting of a mixture of milk and
cream shall contain not less than 11.5% milk fat.

13A. The product known as recombined or reconstituted 'half and half
consisting of recombined or reconstituted cream and recombined or reconstituted
milk shall contain not less than 11.5% milk fat.

14. Sweetened condensed or evaporated milk shall be milk which has been
condensed by the evaporation of a portion of its water content, and to which sugar
has been added, and shall contain not less than 28% of total milk solids and not less
than 8% of milk fat. It shall not contain any foreign substance except sugar.

15. Sweetened condensed skimmed or separated milk shall be skimmed or
separated milk which has been condensed by the evaporation of a portion of its
water content, and to which sugar has been added, and shall contain not less than
24% of total milk solids including fat. It shall contain no foreign substance other
than sugar.

16. Unsweetened condensed or evaporated milk shall be milk which has been
condensed by evaporation of a portion of its water content, and heat-treated, and
shall contain not less than 25.5% of total milk solids and not less than 7.8% of
milk fat. It shall contain no foreign substance.

17. Unsweetened condensed or evaporated skimmed or separated milk shall be
skimmed or separated milk which has been condensed by the evaporation of a
portion of its water content, and heat-treated, and shall contain not less than 20%
of total milk solids including fat.

18. Butter shall be the clean, non-rancid fatty substance obtained by churning
milk or cream. It shall contain not less than 80% of milk fat, not more than 16%
of water and not more than 4% of salt (sodium chloride). It shall not be mixed with
any foreign fat or oil, and it shall not contain any foreign substance except salt
(sodium chloride) and permitted colouring matter.

19. Cheese shall be the solid or semi-solid product obtained by coagulating
milk with rennet or acid, with or without the addition of ripening ferments,
seasonings, salt (sodium chloride) and permitted colouring matter. It shall contain
not less than 30% of milk fat in its water-free substance, and it shall not contain
any foreign fat.

20. Cream cheese shall be cheese made from milk and cream. It shall contain
not less than 60% of milk fat in its water-free substance.

21. Whole-milk cheese shall be cheese made from milk. It shall contain not
less than 50% of milk fat in its water-free substance.







22. Skim-milk cheese shall be cheese made from milk from which part of the
fat has been removed. It shall contain not less than 10% of milk fat in its water-
free substance.

23. Ghee shall be made from milk (including buffalo milk) and shall contain no
fat other that derived from such milk.

24. Ice cream shall contain not less than 5% fat, 10% sugar and 7 1/2% milk
solids other than fat:

Provided that ice cream containing any fruit, fruit pulp or fruit puree shall
either conform to the aforesaid standard or, alternatively, the total content of fat,
sugar and milk solids other than fat shall not be less than 25% of the ice cream
including the





fruit, fruit pulp or fruit puree, as the case may be, and such total content of fat,
sugar and milk solids other than fat shall include not less than 71% fat, 10% sugar
and 2% milk solids other than fat.

For the purpose of the aforesaid standards relating to ice cream, 'sugar' means
sucrose. sugar or the solids of any sweetening material derived from starch,
provided that no ice cream shall contain less than 7 1/2% sucrose.

SECOND SCHEDULE [reg. 4.]

MARKING AND LABELLING OF FOODS AND
DRUGS

1. Margarine.

Every container containing margarine shall be clearly and legibly marked
'MARGARINE in English lettering not less prominent than any other lettering
upon such container.

2. Separated milk, skimmed milk, partly skimmed milk, condensed or
evaporated skimmed milk and condensed or evaporated partly skimmed milk.

(1) Every container containing separated milk, skimmed milk, partly skimmed
milk, condensed or evaporated skimmed milk or condensed or evaporated partly
skimmed milk shall bear a label upon which is printed such one of the following
declarations as may be applicable

(a) in the case of separated milk-

SEPARATED MILK


Children under one year of age should not be
fed on this milk except under medical advice.


(b) in the case of skimmed milk-

SKIMMED MILK

Children under one year of age should not be
fed on this milk except under medical advice.



(c) in the case of partly skimmed milk-

PARTLY SKIMMED MILK



Children under one year of age should not be
fed on this milk except under medical advice.







(d)in the case of condensed or evaporated skimmed milk and condensed or
evaporated partly skimmed milk, whichever of the following is
appropriate

CONDENSED SKIMMED MILK

Children under one year of age should not be
fed on this milk except under medical advice.


CONDENSED PARTLY SKIMMED MILK


Children under one year of age should not be
fed on this milk except under medical advice.



Provided that in any such declaration-

(i) the words 'EVAPORATED' and 'AR)' may he substituted for the
words 'CONDENSED' and ' (*) ' respectively;

(ii) the words 'MACHINE-SKIMMED' and may be substituted for the
words 'SKIMMED' and ' ()---respectively;

(iii) if sugar has not been added to the milk, the words 'UNSWEET-
ENED' andmay be added to the English lettering and
Chinese characters respectively, which constitute the description of the
milk;
and

(iv) if sugar has been added to the milk, the words 'SWEETENED' and

' shall be added to the English lettering and Chinese characters
respectively, which constitute the description of the milk.

(2) Each declaration prescribed in paragraph (1) shall-

(a)be marked distinctly and legibly, in English lettering and Chinese
characters;

(b)be printed in dark block type upon a light-coloured ground or in light
block type upon a dark-coloured ground;

(c) be enclosed by a surrounding line;

(d)include within the surrounding line no matter other than that prescribed in
paragraph (1).

(3) Every label prescribed in paragraph (I.) shall be securely affixed to or form
part of the container, and shall be so placed on the side or top of the container as
to be clearly visible.

(4) No comment on or explanation of the prescribed declaration shall be
placed on the label or container.

3. Reconstituted milk and cream.

(1) Subject to the provisions of paragraph (2), every container containing
reconstituted milk or reconstituted cream shall be clearly and legibly marked

(a) with the words 'RECONSTITUTED MILK or 'RECON-

STITUTED CREAM as the case may be, in English
lettering and Chinese characters of equal size and prominence and of
greater
prominence than any other lettering or characters respectively appearing
upon such container;

(b)in English lettering, with the name and address of the person by whom the
contents were processed; and





(c)in English lettering, with a declaration of the method of heat-treatment
by which the contents were processed.

(2)(a) Every container containing reconstituted skimmed milk shall bear such
label as may be approved by the Authority.

(b)The Authority shall not approve a label unless he is satisfied that there
has been substantial compliance with

(i) the provisions of paragraph (1) relating to reconstituted milk, and
(ii) the provisions of item 2 relating to skimmed milk.

3A. Pasteurized cream and ultra heat treated cream.

(1) Subject to paragraph (2), every container containing pasteurized cream or
ultra heat treated cream shall be clearly and legibly marked in English lettering with
one of the following words or expressions

(a) 'PASTEURIZED';

(b) 'ULTRA HEAT TREATED or

(c) 'U.H.T.'.

(2) Paragraph (1) shall not apply to containers containing clotted cream.

4. Milk.

Every container containing milk shall be clearly and legibly marked

(a)in English lettering, with the name and address of the person by whom the
contents were processed; and

(b)in English lettering, with a declaration of the method of heat-treatment
by which the contents were processed.

5. (1) Beverages containing milk or reconstituted milk.

Every container containing a beverage which includes milk or reconstituted
milk and which conforms to the standard of composition specified in Part 11 of
the First Schedule, shall be clearly and legibly marked

(a)in English lettering, with the name and address of the person by whom the
contents were processed;

(b)in English lettering, with a declaration of the method of heat-treatment by
which the contents were processed.

(2) The Authority may in any case dispense with or relax the requirements of
paragraph (1)(b).

6. Beverages described as milk or cream or resembling milk.

Every container containing

(a)a beverage which includes milk or reconstituted milk but which does not
conform to the standards of composition specified in Part 11 of the First
Schedule; or

(b)a beverage which is described for the purpose of sale by any name, trade
mark or trade description which includes the words milk or 'cream' or the
Chinese characters or or any word or character implying that such
beverage is or contains milk or cream; or

(c)any soya bean juice or coconut juice (except in whole coconuts) or any

other beverage which resembles milk either in colour, taste, appearance or
consistency,

shall be marked in a conspicuous and easily legible manner in the English and
Chinese languages with an accurate description of the principal ingredients.

7. Frozen confections.

Every container containing a frozen confection shall be clearly and legibly
marked, in English lettering, with the name and address of the person by whom the
contents were manufactured.

8. [Deleted, L.N. 222/85]





9. Tenderized meat.

(a)Every container containing tenderized meat shall be clearly and legibly
marked with the words TENDERIZED MEAT' in capital letters and the
Chinese characters

(b)In the case of tenderized meat which is not made up in or on a container,
a label or ticket clearly and legibly marked with the words 'TENDERIZED
MEAT' in capital letters and the Chinese characters

shall be affixed or attached to that meat.

THIRD SCHEDULE [reg. 4A.]

MARKING AND LABELLING OF PREPACKAGED FOODS

1 . (1) Prepackaged food shall be legibly marked or labelled with its name or
designation.

(2) The name or designation shall not be false, misleading or deceptive in any
respect as to the nature of the food.

(3) If any brand name, including any fancy name, or any trade mark would be
likely to mislead a purchaser in any respect as to the nature of the food, such name
or mark shall be immediately followed by the word 'Brand' or the letters 'TM', as
appropriate, printed in legible letters or characters of not less than 3 mm in height.

(4) Any customary or traditional name in use in Hong Kong before the
commencement of these regulations and indicative of a particular food may
continue to be used as the name of that food, unless and until the Authority by
notice in the Gazette prohibits such use.

(5) Where a purchaser could be misled by the omission of an indication-

(a) that a food is powdered or is in any other physical condition; or

(b)that a food has been dried, freeze-dried, frozen, concentrated or smoked, or
has been subjected to any other treatment,

the name of the food shall include or be accompanied by such an indication.

2. (1) Prepackaged food shall be marked or labelled with a list of ingredients,
headed or preceded by an appropriate heading consisting of or including the word
'ingredients'.

(2) Subject to sub-paragraphs (3) and (4), the ingredients (other than water if it
constitutes less than 5% by volurne of the food) shall be listed in descending order
of weight or volume determined as at the time of their use when the food was
packaged.

(3) In the case of an ingredient which is used in a food in concentrated or
dehydrated form and which is reconstituted during preparation of the food for
consumption, the weight or volume used in determining the order of the list of
ingredients may be the weight or volume of the ingredient before concentration or
dehydration.

(4) Without prejudice to sub-paragraph (3), where a food is in concentrated or
dehydrated form and is intended to be reconstituted by the addition of water, its
ingredients may be listed in descending order of their weight or volume in the food
when reconstituted as directed, if the heading of the list of ingredients includes or is
accompanied by the words 'ingredients of the reconstituted product or ingredients
of the ready to use product' or by some other indication to similar effect.

(5) Subject to section 58 of the Ordinance and unless the Authority otherwise
allows in any particular case, an additive constituting one of the ingredients of a

food shall be listed by its specific name or by the appropriate category or by both
name and category.

(6)The categories of additive for the purpose of sub-paragraph (5) are-

Acid

Acidity regulator

Anti-caking agent

Anti-foaming agent





Antioxidant Artificial sweetener Colour Emulsifier Emulsifying salt Flavour
enhancer Flavouring Flour improver Gelling agent Glazing agent Modified
starch Preservative Raising agent Stabilizer Thickener.

3. If any prepackaged food is marked or labelled with a list of ingredients
notwithstanding that it is exempted from the requirements of paragraph 2, such list
shall conform in all respects with the requirements of this Schedule.

4. (1) Prepackaged food shall be legibly marked or labelled with an indication
of its minimum durability.

(2) The minimum durability shall be indicated by-

(a)the words 'best before', 'sell by', 'sell before', 'consume by', 'consume
before' or some similar words in both the English and Chinese languages
followed by the date up to and including which the food can reasonably be
expected to retain its specific properties if properly stored; and

(b)a statement of any storage conditions which need to be observed if the
food is to retain its specific properties until that date.

(3) The date in the indication of minimum durability shall be shown either in
Arabic numerals or in both the Chinese and English languages and shall be expressed
in terms of a day, month and year, in that order, except that

(a)in the case of a food which can reasonably be expected to retain its
specific properties for not more than 3 months, the date may be
expressed in terms of a day and month, in that order;

(b)in the case of a food which can reasonably be expected to retain its
specific properties for more than 3 but not more than 18 months, the
date may be expressed in terms of a month and a year in that order,
preceded by the word 'end'.

(4) The date up to and including which a food can reasonably be expected to
retain its specific properties if properly stored may appear on the labelling of a
food separately from the words immediately preceding the date, provided that those
words are followed by a reference to the place where the date appears.

5. (1) Where special conditions are required for the storage of a prepackaged
food, a statement of such conditions shall be legibly marked or labelled on the food.

(2) Where special instructions are needed in order that appropriate use may be
made of a prepackaged food, such instructions shall be legibly marked or labelled on
the food.

(3) Any statement or instructions marked or labelled on food under this
paragraph shall conform so far as possible with other requirements of this Schedule.

6. (1) Subject to sub-paragraph (2) or (3), prepackaged food shall be legibly
marked or labelled with the full name or business name and the full address or details
of the registered or principal office of the manufacturer or packer.

(2) Sub-paragraph (1) shall not apply to prepackaged food if-

(a) it is marked or labelled with-

(i) an indication of its country of origin;





(ii) the name of the distributor or brand owner in Hong Kong, and

(iii) the address of the registered or principal office of the distributor or
brand owner in Hong Kong; and

(b)the full address of the manufacturer or packer of the food in its country of
origin has been notified in writing to the Authority by the distributor or
brand owner in Hong Kong.

(3) Sub-paragraph (1) shall not apply to prepackaged food if-

(a) (i) it is marked or labelled with an indication of its country of origin and

with a code marking identifying the manufacturer or packer in that
country;
and

(ii) particulars of the code marking and of the manufacturer or packer
to whom it relates have been notified in writing to the Authority by the
manufacturer or packer or by the distributor or brand owner in Hong
Kong; or

(b)the factory or other place where the food was manufactured or packed is
owned, run or managed by the government of its country of origin and the
food is marked or labelled in such a manner as to indicate that it is a
product of that government.

7. (1) Prepackaged food shall be clearly marked or labelled with the numerical
count of the contents or with the net weight or net volume of the food.

(2) The net weight and net volume shall, so far as is practicable, be indicated in
accordance with the Weights and Measures Ordinance or with the International
System of Units set out in the First Schedule to the Metrication Ordinance.

8. (1) Except as provided in paragraph 4(3) and subject to sub-paragraph (3),
the marking or labelling of prepackaged food for purposes of this Schedule shall be
in either the English or the Chinese language or in both languages.

(2) If both the English and Chinese languages are used in the labelling or
marking of prepackaged food, the name of the food and the list of ingredients shall
appear in both languages, but otherwise the requirements of this Schedule need only
be met in one of those languages.

(3) Unless the Authority otherwise requires in any particular case, any
prepackaged food may, if it is national or traditional to the country of its
manufacture and is not generally manufactured in any other country, be marked and
labelled in accordance with this Schedule in the language of the country of its
manufacture.

FOURTH SCHEDULE [reg. 4A.]

ITEMS EXEMPT FROM THIRD SCHEDULE

Item Parts of Third Schedule from
which item is exempt

Prepackaged food with an alcoholic strength The whole Schedule except
by volume of more than 1.2% as determined paragraph 3
under section 53 of the Dutiable Commodities
Ordinance
Prepackaged food sold at a catering establish- The whole Schedule except
ment for immediate consumption paragraph 3
Individually wrapped confectionery products The whole Schedule
in a fancy form intended for sale as single items
Individually wrapped preserved fruits which The whole Schedule






are not enclosed in any further packaging and
which are intended for sate as single items
Prepackaged food packed in a container the Paragraphs 2, 5 and 6
largest surface of which has an area of less than
10 cm,





Item Parts of Third Schedule from
which item is exempt
Fresh fruit and fresh vegetablesParagraphs 2 and 4
Carbonated water, to which no ingredient Paragraph 2
other than carbon dioxide has been added and
the description of which indicates that it has
been carbonated
Vinegar which is derived by fermentation ex- Paragraphs 2 and 4
clusively from a single basic product and to
which no other ingredient has been added
Cheese, butter, fermented milk and fermented Paragraph 2
cream, to which no ingredient has been added
other than-
(i) lactic products, enzymes and micro-
organism cultures essential to the manufacture
of the item; or
(ii) the salt needed for the manufacture of
mature cheese
Any food consisting of a single ingredient Paragraph 2
Flavourings Paragraph 2
Cooking salt Paragraph 4
Sugar with no added ingredients other than Paragraph 4
preservatives
Deep-frozen (including quick-frozen) food Paragraph 4
Any food which can reasonably be expected to Paragraph 4
retain its specific properties for more than
18 months
G.N.A. 74/60. G.N.A. 48/61. 32 of 1963. L.N. 30/67. L.N. 163/69. L.N. 184/69. L.N. 116/70. L.N. 184/69. L.N. 116/70. L.N. 45/75. L.N. 217/77. L.N. 67/85. L.N. 67/85. L.N. 222/85. L.N. 313/85. 10 of 1986. L.N. 330/87. G.N.A. 132/60. Citation. Interpretation. L.N. 222/85. L.N. 222/85. L.N. 222/85. L.N. 222/85. L.N. 163/69. L.N. 222/85. L.N. 222/85. L.N. 116/70. L.N. 222/85. 32 of 1963, s. 20. L.N. 217/77. (Cap. 132, sub. leg.) L.N. 222/85. L.N. 30/67. L.N. 222/85. L.N. 116/70. L.N. 222/85. L.N. 222/85. Standards of composition. First Schedule. Marking and labelling. Second Schedule. Labelling of prepackaged food. L.N. 222/85. Third Schedule. Fourth Schedule. Offences and penalties. L.N. 222/85. L.N. 330/87. L.N. 222/85. Name in which proceedings may be brought. L.N. 30/67. L.N. 67/85. 10 of 1986, s. 32(2). Compliance with other labelling requirements. L.N. 222/85. L.N. 45/75. L.N. 217/77. L.N. 217/77. L.N. 217/77. L.N. 217/77. G.N.A. 48/61. G.N.A. 48/61. L.N. 30/67.

Abstract

G.N.A. 74/60. G.N.A. 48/61. 32 of 1963. L.N. 30/67. L.N. 163/69. L.N. 184/69. L.N. 116/70. L.N. 184/69. L.N. 116/70. L.N. 45/75. L.N. 217/77. L.N. 67/85. L.N. 67/85. L.N. 222/85. L.N. 313/85. 10 of 1986. L.N. 330/87. G.N.A. 132/60. Citation. Interpretation. L.N. 222/85. L.N. 222/85. L.N. 222/85. L.N. 222/85. L.N. 163/69. L.N. 222/85. L.N. 222/85. L.N. 116/70. L.N. 222/85. 32 of 1963, s. 20. L.N. 217/77. (Cap. 132, sub. leg.) L.N. 222/85. L.N. 30/67. L.N. 222/85. L.N. 116/70. L.N. 222/85. L.N. 222/85. Standards of composition. First Schedule. Marking and labelling. Second Schedule. Labelling of prepackaged food. L.N. 222/85. Third Schedule. Fourth Schedule. Offences and penalties. L.N. 222/85. L.N. 330/87. L.N. 222/85. Name in which proceedings may be brought. L.N. 30/67. L.N. 67/85. 10 of 1986, s. 32(2). Compliance with other labelling requirements. L.N. 222/85. L.N. 45/75. L.N. 217/77. L.N. 217/77. L.N. 217/77. L.N. 217/77. G.N.A. 48/61. G.N.A. 48/61. L.N. 30/67.

Identifier

https://oelawhk.lib.hku.hk/items/show/2584

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

14
]]>
Tue, 23 Aug 2011 18:08:51 +0800
<![CDATA[FOOD ADULTERATION (METALLIC CONTAMINATION) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2583

Title

FOOD ADULTERATION (METALLIC CONTAMINATION) REGULATIONS

Description






FOOD ADULTERATION (METALLIC CONTAMINATION)
REGULATIONS

132, section 55(1)
[27 May 1983.]

1. These regulations may be cited as the Food Adulteration
(Metallic Contamination) Regulations.

2. In these regulations, unless the context otherwise requires-

'metal' includes chemical compounds of the metal;

'sell' includes offer, or expose for sale or have in possession for the
purpose of sale.

3. (1) No person shall import, consign, deliver, manufacture or sell,
for human consumption,

(a)any food of a description specified in Column B of the First
Schedule which contains any metal specified opposite thereto
in Column A of that Schedule unless such metal is naturally
present in such food in a concentration not greater than that
specified opposite thereto in Column C of that Schedule; or

(b)any food of a description specified in Column B of the Second
Schedule which contains any metal specified opposite thereto
in Column A in greater concentration than is specified
opposite thereto in Column C; or

(c)any food containing any metal in such amount as to be
dangerous or prejudicial to health.

(2) In determining for the purposes of paragraph (1)(c) whether an
item of food contains a metal in such amount as to be dangerous or
prejudicial to health, regard shall be had not only to the probable effect
of that item on the health of a person consuming it, but also to the
probable cumulative effect of items of substantially the same
composition on the health of a person consuming such items in
ordinary quantities

4. The Secretary for Municipal Service may, by notice
published in the Gazette, amend the concentrations specified in
Column C of the First and Second Schedules.

5. Any person who contravenes any of the provisions of
regulation 3 commits an offence and is liable to a fine of $25,000 and to
imprisonment for 6 months.

6. 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





prosecutions 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; and

(b)where the offence was committed in the Regional Council
area, be brought in the name of the Regional Council.

FIRST SCHEDULE [reg. 3.1

MAXIMUM PERMITTED CONCENTRATION OF CERTAIN METALS
NATURALLY
PRESENT IN SPECIFIED FOODS

A B c

Maximum

Metal Description of foodpermitted

concentration in
parts per million
Arsenic Solids being fish and fish products 6
(AS203) Solids being shellfish and shellfish products 10

SECOND SCHEDULE [reg. 3.1

MAXIMUM PERMITTED CONCENTRATION OF CERTAIN
METALS
PRESENT IN SPECIFIED FOODS

A B c
Maximum

Metal Description of food permitted

concentration in
parts per
million
Antimony Cereals and vegetables 1
(Sb) Fish, crab-meat, oysters, prawns and shrimps 1
Meat of animal and poultry 1
Arsenic Solids other than- (i) fish
and fish products; and
(ii) shellfish and shellfish products 1.4
All food in liquid form 0.14
Cadmium Cereals and vegetables 0.1
(Cd) Fish, crab-meat, oysters, prawns and shrimps 2
Meat of animal and poultry 0.2
Chromium Cereals and vegetables 1
(Cr) Fish, crab-meat, oysters, prawns and shrimps 1
Meat of animal and poultry 1
Lead All food in solid form 6
(Pb) All food in liquid form 1
Mercury All food in solid form 0.5
(Hg) All food in liquid form 0.5
Tin All food in solid form 230
(Sn) All food in liquid form 230

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/2583

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

2
]]>
Tue, 23 Aug 2011 18:08:51 +0800
<![CDATA[FOOD ADULTERATION (ARTIFICIAL SWEETENERS) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2582

Title

FOOD ADULTERATION (ARTIFICIAL SWEETENERS) REGULATIONS

Description






FOOD ADULTERATION (ARTIFICIAL SWEETENERS)
REGULATIONS

(Cap. 132,sections 55 and 143)

[1 January 1970.]

1. These regulations may be cited as the Food Adulteration
(Artificial Sweeteners) Regulations.

2. In these regulations, unless the context otherwise requires-

artificial sweetener' means any chemical compound which is sweet to
the taste, but does not include any sugars or other carbohydrates
or polyhydric alcohols;

'carbohydrate' means a substance containing only carbon, hydrogen
and oxygen, in which the hydrogen and oxygen occur in the same
proportion as they do in water;

'sugar' means any soluble carbohydrate sweetening matter;
sell' includes expose or offer for sale or have in possession for sale.

3. (1) No person shall sell, consign, deliver or import any artificial
sweetener for human consumption which is not specified in the
Schedule.

(2) No person shall sell, consign or deliver or import any food
intended for human consumption containing any artificial sweetener
which is not specified in the Schedule.

4. Any person who contravenes any of the provisions of regulation
3 shall be guilty of an offence and shall be liable on summary conviction
to a fine of $25,000 and to imprisonment for 6 months.

5. 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

FO
O
D

ADULTERATI
ON ON
REGUL
ATION

Cap. 132, se

prosecution of criminal offences, a prosecution for an offence under
these regulations may

(a)where the offence was committed in the Urban Council area, be
brought in the name of the Urban Council; or

(b)where the offence was committed in the Regional Council area,
be brought in the name of the Regional Council.

SCHEDULE [reg. 3.1

PERMITTED ARTIFICIAL
SWEETENERS







1. Saccharin.

2. Saccharin Sodium.

3. Saccharin Calcium.

4. Aspartame.

5. Acesulfame Potassium. (L.N. 33189)
L.N. 173//83. L.N. 67/85. 10 of 1986. L.N. 329/87. Citation. Interpretation. L.N. 67/85. Prohibition of sale etc. of food containing metals except where naturally present up to certain limits. First Schedule. Amendment of Schedules. L.N. 67/85. Offences and penalties. L.N. 329/87. Name in which proceedings may be brought. L.N. 67/85. 10 of 1986, s. 32(2).

Abstract

L.N. 173//83. L.N. 67/85. 10 of 1986. L.N. 329/87. Citation. Interpretation. L.N. 67/85. Prohibition of sale etc. of food containing metals except where naturally present up to certain limits. First Schedule. Amendment of Schedules. L.N. 67/85. Offences and penalties. L.N. 329/87. Name in which proceedings may be brought. L.N. 67/85. 10 of 1986, s. 32(2).

Identifier

https://oelawhk.lib.hku.hk/items/show/2582

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

1
]]>
Tue, 23 Aug 2011 18:08:50 +0800
<![CDATA[EXHUMATION (FEES) (URBAN COUNCIL) BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/2581

Title

EXHUMATION (FEES) (URBAN COUNCIL) BY-LAWS

Description






EXHUMATION (FEES) (URBAN COUNCIL) BY-LAWS

(Cap. 132, section 118(5))

[1 April 1980.]

1. These by-laws may be cited as the Exhumation (Fees) (Urban
Council) By-laws.

2. The fees payable for the grant of permission to exhume any
human remains or any part of any human remains shall be $50.
L.N. 183/69. L.N. 299/83. L.N. 67/85. 10 of 1986. L.N. 328/87. Citation. Interpretation. Restriction on sale and use of artificial sweeteners. Schedule. Offences and penalties. L.N. 299/83. L.N. 328/87. Name in which proceedings may be brought. L.N. 67/85. 10 of 1986, s. 32(2). L.N. 299/83.

Abstract

L.N. 183/69. L.N. 299/83. L.N. 67/85. 10 of 1986. L.N. 328/87. Citation. Interpretation. Restriction on sale and use of artificial sweeteners. Schedule. Offences and penalties. L.N. 299/83. L.N. 328/87. Name in which proceedings may be brought. L.N. 67/85. 10 of 1986, s. 32(2). L.N. 299/83.

Identifier

https://oelawhk.lib.hku.hk/items/show/2581

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

1
]]>
Tue, 23 Aug 2011 18:08:49 +0800
<![CDATA[EXHUMATION (FEES) (REGIONAL COUNCIL) BYLAWS]]> https://oelawhk.lib.hku.hk/items/show/2580

Title

EXHUMATION (FEES) (REGIONAL COUNCIL) BYLAWS

Description






EXHUMATION (FEES) (REGIONAL COUNCIL) BYLAWS
(Cap. 132, section 118)
[14 April 1989]

L.N. 112 of 1989-

1. Citation

These bylaws may be cited as the Exhumation (Fees) (Regional Council)
Bylaws.

2. Exhumation fees

(1) The fee payable for the grant of permission to exhume any human remains
or any part of any human remains shall be $70.

(2) Such fee shall be payable to the Regional Council.
L.N. 39/80. 10 of 1986. Citation. 10 of 1986, s. 32(2). Exhumation fees.

Abstract

L.N. 39/80. 10 of 1986. Citation. 10 of 1986, s. 32(2). Exhumation fees.

Identifier

https://oelawhk.lib.hku.hk/items/show/2580

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

1
]]>
Tue, 23 Aug 2011 18:08:49 +0800
<![CDATA[DRIED MILK REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2579

Title

DRIED MILK REGULATIONS

Description






DRIED MILK REGULATIONS

132, sections 55 and 143)

[1 April 1967.]

1. These regulations may be cited as the Dried Milk Regulations.

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

'container' includes any form of packaging of dried milk for sale as a
single item whether by way of wholly or partly enclosing the dried
milk or by way of attaching the dried milk to some other article and
in particular includes a wrapper or confining band;

'dried milk means milk, skimmed milk or partly skimmed milk which has
been concentrated in the form of solid or powder by removal of
water, and includes any such milk which has been sweetened,
modified or compounded;

'milk' means cows milk and includes cream and skimmed milk;

' sell' includes offer, expose or possess for sale;

'skimmed milk includes separated or machine skimmed milk.

(2) Percentages shall be calculated by weight.

3. These regulations

(a) apply

(i) to dried milk to which no other substance has been
added;

(ii) to the dried milk contained in any powder or solid of
which not less than 70 % consists of dried milk;

(b) do not apply

(i) in relation to the sale of dried milk to a caterer for the
purposes of his catering business or to a manufacturer for the
purposes of his manufacturing business;

(ii) to dried milk contained in any powder or solid which
has been formulated specifically for baby foods.

4. (1) Dried milk of each description specified in the first column of
the First Schedule shall contain a percentage of milk fat within the limits
specified in relation thereto in the second column of that Schedule and
shall contain not more than 5.0% of moisture, and no person shall sell
any dried milk which does not comply with this regulation.





(2) No person shall sell any food under such a description as
to lead an intending purchaser to believe that he is purchasing dried
milk of a description to which paragraph (1) applies unless such
food complies with this regulation.

(3) Where any person sells any food to a purchaser in response
to a request for dried milk of a description to which paragraph (1)
applies, he shall be deemed to sell dried milk of that description
unless he clearly notifies the purchaser at the time of sale that the
food is not dried milk of that description.

5. (1) Save as is provided in paragraph (3) no person shall
advertise for sale or sell any dried partly skimmed milk or dried
skimmed milk except in a container bearing a label in accordance
with the provisions of the Second Schedule.

(2) No person shall sell any dried partly skimmed milk or
dried skimmed milk in any such container if the container is
wrapped in paper or some other wrapper through which the label on
the container is not clearly visible unless the outermost wrapper also
bears a label as if it were a container to which paragraph (1) of this
regulation applies.

(3) The provisions of this regulation shall not apply in relation
to any sale of dried partly skimmed milk or dried skimmed milk for
immediate consumption on or at the premises of the seller or in or at
any stall or mobile refreshment vehicle.

6. (1) Any person who contravenes or fails to comply with
any provision of these regulations shall be guilty of an offence and
shall be liable on summary conviction to a fine of $25,000 and to
imprisonment for 3, months.

(2) In any proceedings for a contravention of regulation 5(1)
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.

7. 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.





FIRST SCHEDULE [reg. 4.]

Description of dried milk Percentage of milk fat

Dried full cream milk Not less than 26

Dried partly skimmed milk Less than 26 and not less than 1.5

Dried skimmed milk Less than 1.5

SECOND SCHEDULE [reg. 5.]

LABELLING OF CONTAINERS OF DRIED MILK

1. Every container-
(a) containing dried partly skimmed milk shall bear the following declaration-

DRIED PARTLY SKIMMED MILK



Contains not more than (z)% milk fat.

Children under one year of age should not be
fed on this milk except under medical advice.


(b) containing dried skimmed milk shall bear the following declaration-

DRIED SKIMMED MILK

Children under one year of age should not be
fed on this milk except under medical advice.


Provided that if any substance has been added the appropriate declaration shall
be modified in accordance with the provisions of paragraph 2.

2. If any substance, other than sodium bicarbonate, sodium citrate or sodium
phosphate has been added to dried partly skimmed milk or dried skimmed milk
contained in any container the declaration of the label shall be in the appropriate
form prescribed in paragraph 1(a) or (b), as the case may be, with the following
modifications

(a)there shall be added to the English lettering and Chinese characters which
constitute the description of the milk

(i) the words 'SWEETENED' and respectively, where only
sugar has been added;

(ii) the words 'MODIFIED' and respectively, where only a
constituent of milk has been added; and

(iii) the words---COMPOUNDED' and respectively in every
other case;





(b) except where sugar is the only added substance-

(i) the expressions 'with (x) added' and shall be added to
the declaration of the label; and

(ii) the insertion shall be completed by inserting words at (x) and (y), in
English lettering and Chinese characters respectively, in order to specify
the substance or substances added.

3. The declaration prescribed in paragraph 1 (a) shall be completed by
inserting at (Z) the maximum milk fat content expressed as a percentage of the
total weight of the dried milk.

4. Each declaration prescribed in paragraph 1 shall-

(a) be marked distinctly and legibly, in English lettering and Chinese
characters;

(b)be printed in dark block type upon a light-coloured ground or in light
block type upon a dark-coloured ground.,

(c) be enclosed by a surrounding line;

(d)include within the surrounding line no matter other than that prescribed
in paragraph 1.

5. Every label prescribed in paragraph 1 shall be securely affixed to or form
part of the container~ and shall be so placed on the side or top of the container as
to be clearly visible.

6. No comment on or explanation of the prescribed declaration shall be
placed on the label or container.
L.N. 29/97. L.N. 67/85. 10 of 1986. Citation. Interpretation. Application. Composition and description of dried milk. First Schedule. Labelling of containers of dried milk. Second Schedule. Offences and penalties. Name in which proceedings may be brought. L.N. 67/85. 10 of 1986, s. 32(2).

Abstract

L.N. 29/97. L.N. 67/85. 10 of 1986. Citation. Interpretation. Application. Composition and description of dried milk. First Schedule. Labelling of containers of dried milk. Second Schedule. Offences and penalties. Name in which proceedings may be brought. L.N. 67/85. 10 of 1986, s. 32(2).

Identifier

https://oelawhk.lib.hku.hk/items/show/2579

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

4
]]>
Tue, 23 Aug 2011 18:08:48 +0800
<![CDATA[DESIGNATION OF PUBLIC FUNERAL HALL ORDER]]> https://oelawhk.lib.hku.hk/items/show/2578

Title

DESIGNATION OF PUBLIC FUNERAL HALL ORDER

Description






DESIGNATION OF PUBLIC FUNERAL HALL ORDER

(Cap. 132, section 123A)

[18 November 1983.1

1. This order may be cited as the Designation of Public
Funeral Hall Order.

2. The Hung Hom Public Funeral Parlour, 6 Cheong Hang
Road, Hung Hom is designated as a public funeral hall.
L.N. 363/83. Citation. Designation of public funeral hall.

Abstract

L.N. 363/83. Citation. Designation of public funeral hall.

Identifier

https://oelawhk.lib.hku.hk/items/show/2578

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

1
]]>
Tue, 23 Aug 2011 18:08:47 +0800
<![CDATA[DESIGNATION OF MUSEUMS ORDER]]> https://oelawhk.lib.hku.hk/items/show/2577

Title

DESIGNATION OF MUSEUMS ORDER

Description






DESIGNATION OF MUSEUMS ORDER

(Cap. 132, section 105G)

[11 July 1975.]

1. This order may be cited as the Designation of Museums Order.

2. The buildings, parts of buildings or places in the Schedule are
designated as museums.

SCHEDULE

Urban Council Area.

The Flagstaff House Museum of Tea Ware, Victoria Barracks.

The Hong Kong Museum of Art, 9th, 1 10th and 11 th Floors and the
rear portion of the 8th Floor, City Hall High Block.

The Hong Kong Museum of History, Blocks S61 and S62 and 58,
Kowloon Park, Haiphong Road.

The Hong Kong Museum of History (Lei Cheng Uk Branch), Tonkin
Street.

The Hong Kong Space Museum (excluding the Space Museum Lecture
Hall), Salisbury Road.

Regional Council Area.

Sheung Yiu Folk Museum, Sai Kung. Hong Kong
Railway Museum, Tai Po Market, Tai Po. Sam Tung
Uk Museum, Tsuen Wan.
L.N. 161/75. L.N. 140/80. L.N. 204/81. L.N. 42/83. L.N. 29/84. L.N. 354/85. 10 of 1986. L.N. 45/87. L.N. 214/87. Citation. Designation of museums. 10 of 1986, s. 32(2). L.N. 45/87. L.N. 42/83. L.N. 204/81. L.N. 29/84. L.N. 354/85. L.N. 214/87.

Abstract

L.N. 161/75. L.N. 140/80. L.N. 204/81. L.N. 42/83. L.N. 29/84. L.N. 354/85. 10 of 1986. L.N. 45/87. L.N. 214/87. Citation. Designation of museums. 10 of 1986, s. 32(2). L.N. 45/87. L.N. 42/83. L.N. 204/81. L.N. 29/84. L.N. 354/85. L.N. 214/87.

Identifier

https://oelawhk.lib.hku.hk/items/show/2577

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

1
]]>
Tue, 23 Aug 2011 18:08:47 +0800
<![CDATA[DESIGNATION OF LIBRARIES (URBAN COUNCIL AREA) ORDER]]> https://oelawhk.lib.hku.hk/items/show/2576

Title

DESIGNATION OF LIBRARIES (URBAN COUNCIL AREA) ORDER

Description






DESIGNATION OF LIBRARIES (URBAN COUNCIL AREA) ORDER
(Cap. 132, section 105K)
[18 July 1986]

L.N. 163 of 1986 - L.N. 226 of 1986, L.N. 20 of 1987, L.N. 113 of 1987, L.N. 409 of 1987, R.
Ed.

1987, L.N. 13 of 1988, L.N. 88 of 1988, L.N. 169 of 1988, L.N. 195 of 1988, L.N. 341 of
1988,

L.N. 119 of 1989, L.N. 254 of 1989

1. Citation

This order may be cited as the Designation of Libraries (Urban Council Area)
Order.

2. Designation of libraries

The premises described in the Schedule hereto are designated as libraries.

SCHEDULE [para. 2]

1.The second, third, fourth, fifth and sixth floors (excluding the floor lobbies and staircase) of
the building known as City Hall High Block situated at Edinburgh Place, Hong Kong.

2.The ground and mezzanine floors of the building known as Yau Ma Tei Multistorey Car Park,
situated at Yau Ma Tei, Kowloon.

3.Rooms numbered 511 to 519 and rooms numbered 611 to 619 of the building known as Wah
Chun House situated at Wah Fu Estate, Shek Pai Wan Road, Hong Kong.

4.The third floor of Urban Council Kowloon City Complex, 100 Nga Tsin Wai Road, Kowloon
City, Kowloon. (L.N. 409 of 1987)

5.The first and second floors and the access portion of the ground floor of the building known
as Lok Sin Building at numbers 25-35 Ting On Street, Ngau Tau Kok, Kowloon.

6.The ground floor and cockloft at shop number 1 of the building known as Wing Fat Building
at numbers 506-516 Queen's Road West, Hong Kong.

7. The ground floor of Lung Hing House, North Wing, Lower Wong Tai Sin Estate 11,
Kowloon.

(L.N. 169 of 1988)

8. Shop spaces Nos. 131 and 132 of the second floor of the building known as Towers
92-93 at

102B Broadway, Mei Foo Sun Chuen, Kowloon.

9. The fifth and sixth floors of Urban Council Ngan Chi Wan Complex, 11 Clear Water Bay

Road, Ngau Chi Wan, Kowloon. (L.N. 113 of 1987)

10. The second floor of the building known as Yue Wan Market Building, Yue Wan Estate, Chai

Wan, Hong Kong.

11. The ground floor of the building known as North Point Market, Pak Fuk Road, North Point,

Hong Kong.

12. The first floor of Urban Council Po On Road Complex, 325-329 Po On Road, Sham Shui
Po, Kowloon. (L.N. 13 of 1988 )




13.The ground floor of the building known as Telford Gardens Community Centre, Block 'I',
Telford Gardens, 33 Wai Yip Street, Kowloon Bay, Kowloon.

14.The Units F I and F2 on the podium floor of Lee Foo House, Shun Lee Estate, Kwun Tong,
Kowloon.

15.The fourth and fifth floors of the Urban Council Fa Yuen Street Complex, Fa Yuen Street,
Kowloon. (L.N. 341 of 1988)

16.Level 5 of the building known as Urban Council Aberdeen Complex, Aberdeen Main Road,
Aberdeen, Hong Kong.

17. (Repealed L.N. 254 of 1989)

18. Units No. 5 and 6, ground floor, Commercial Centre, Pak Tin Estate, Kowloon.

19.The Arts Library at the Hong Kong Cultural Centre, 10 Salisbury Road, Kowloon. (L.N. 119
of 1989)

20. Fifth floor and Sixth floor, To Kwa Wan Market and Government Offices, Kowloon.

21. Units No. 3 to 6, ground floor, Block 20, Lam Tin Estate (II), Kowloon.

22. No. 5, Pui Ching Road, Ho Man Tin, Kowloon.

23. Units No. 104-109, ground floor, Sau Ming House, Sau Man Ping Estate (1), Kowloon.

24. T 111, Third floor, Lok Fu Shopping Centre, Junction Road, Kowloon.

25.The second floor of Tsz Ching Estate Centre, Tsz Ching Estate, Tsz Wan Shan, Kowloon.
(L.N. 226 of 1986)

26.The fourth and fifth floors of Urban Council Lockhart Road Complex, 225 Hennessy Road,
Wan Chai, Hong Kong. (L.N. 226 of 1986)

27.The fourth and fifth floors of the Urban Council Quarry Bay Complex, 38 Quarry Bay
Street, Quarry Bay, Hong Kong. (L.N. 195 of 1988)

28.The ground floor of No. 9 and 9A, Tit Shu Street, Tai Kok Tsui, Kowloon. (L.N. 20 of
1987)

29.The fifth and sixth floors of Urban Council Shui Wo Street Complex, No. 9, Shui Wo Street,
Kwun Tong, Kowloon. (L.N. 88 of 1988)

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/2576

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

2
]]>
Tue, 23 Aug 2011 18:08:46 +0800
<![CDATA[DESIGNATION OF LIBRARIES (REGIONAL COUNCIL AREA) ORDER]]> https://oelawhk.lib.hku.hk/items/show/2575

Title

DESIGNATION OF LIBRARIES (REGIONAL COUNCIL AREA) ORDER

Description






DESIGNATION OF LIBRARIES (REGIONAL COUNCIL
AREA) ORDER

(Cap. 132, section 105K)

[21 November 1986]

L.N. 278 of 1986-R. Ed. 1986 L.N. 330 of 1988, L.N. 394 of 1989, /-
M

1. Citation

This order may be cited as the Designation of Libraries (Regional Council Area)
Order.

2. Designation of libraries

The premises described in the Schedule hereto are designated as libraries.

SCHEDULE [para. 21

1 .The second floor of the building known as Mei Tak Building at numbers 27-43 Kwong Fuk
Road,Tai Po.

2.The part of the ground floor of the building known as Cheung Chau Rural Committee
Building, 2 Church Road, Cheung Chau Island.

3.Units 101-110 of the ground floor of the building known as Kwai Wo House at Lek Yuen
Estate, Sha Tin.

4.The part of the first floor, Commercial Complex, Tai Hing Estate, Tuen Mun, hatched blue
on a map dated 29 September 1978, signed by the Secretary for Home Affairs and deposited
in the Tuen Mun District Office of the Regional Services Department.

5.The I st floor of the building known as Yuen Long Government Offices, 2 Kin Lok Square,
Yuen Long.

6.The 4th floor of the building known as Kwai Hing Government Offices, 166-174 Hing Fong
Road, Kwai Chung.

7 The south wing of the Tai O Community Centre, Tai 0, hatched red on the sketch plan dated
16 June 1980, signed by the Secretary for Home Affairs and deposited in the Islands District
Office of the Regional Services Department.

8.The part of the ground and first floors of the building known as North District Community
Centre and Town Hall, Lung Sum Avenue, Sheung Shui, hatched red on the sketch plan dated
8 January 1982, signed by the Secretary for Home Affairs and deposited in the North District
Office of the Regional Services Department.

9.The part of the ground floor of the building known as Community Building, Second Street,
Sok Kwu Wan, Lamma Island, hatched red on the sketch plan dated 23 November 1982,
signed by the Secretary for Home Affairs and deposited in the Islands District Office of the
Regional Services Department.

10. 1 Tuen Hi Road, Tuen Mun. (L.N. 394 of 1989)

11.The part of the ground floor of the building known as Peng Chau Rural Committee Building, 1
Yuen Ling Tsai, Peng Chau Island, hatched red on the sketch plan dated 13 December 1983,
signed by the Director of Urban Services and deposited in the Islands District Office of the
Regional Services Department.





12.The part of the ground floor of the building known as Mui Wo Recreation Centre, 16 Tai
Tei Tong Tsuen, Mui Wo, Lantau Island, hatched red on the sketch plan No. 36 dated 31
January 1984, signed by the Director of Urban Services and deposited in the Islands District
Office of the Regional Services Department.

13.The 2nd and 3rd floors of North Kwai Chung Market and Library, Shek Yam Road, Kwai
Chung, hatched red on the sketch plans No. 37A and No. 37B dated 31 January 1984,
signed by the Director of Urban Services and deposited in the Kwai Chung District Office of
the Regional Services Department.

14.The part of the 5th floor of the Sai Kung Government Offices, Sai Kung (G.L.A. DS9),
hatched red on the sketch plan dated 10 December 1984, signed by the Director of Urban
Services and deposited in the Sai Kung District Office of the Regional Services Department.

15. Base 1-8, 9A, No. 10 and 1 1A, Wing Hong House, Fuk Loi Estate, Tsuen Wan.
16.Unit Nos. 102-107, Cheung Lok House, Cheung Wah Estate, Fanling.

17. Unit Nos. 10-14, Ground Floor, Hong Shing House, Cheung Hong Estate, Tsing Yi.

18. Unit Nos. 126-130, Ground Floor, Tip Ying House, Butterfly Estate, Tuen Mun.
19.Unit Nos. 215-219, Shek Fong House, Shek Wai Kok Estate, Tsuen Wan.

20. No. 1, Yuen Wo Road, Sha Tin.
21. 1 Yung Shue Wan Main Street, Lamma Island.(L.N. 330 of 1988)

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/2575

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

2
]]>
Tue, 23 Aug 2011 18:08:45 +0800
<![CDATA[CREMATION AND GARDENS OF REMEMBRANCE (URBAN COUNCIL) BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/2574

Title

CREMATION AND GARDENS OF REMEMBRANCE (URBAN COUNCIL) BY-LAWS

Description






CREMATION AND GARDENS OF REMEMBRACE
(URBAN COUNCIL) BY-LAWS

ARRANGEMENT OF BY-LAWS

By-law page

PART I

PRELIMINARY

1. Citation ............................... ... ... ... ... ... ... ... ... M 2
2. Application................................ ... ---. ... ... ... ... ... ... M2

3. interpretation.....................--- ... ... ... ... ... ... ... ... M 2

PART II

PERMITS TO
CREMATE

4. Application for cremation permit .......... ... . ... ... ... ... M 2

5. Grant of cremation permit .............. ... ... ... ... ... ... ... ... M 3

6. Cancellation of cremation permit .......... ... ... ... ... ... ... M 4

7. The burning of human remains prohibited except by permit or order ... ... M 5

PART III

GOVERNMENT
CREMATORIA

8. Hours of opening ........ .............. ... ... ... ... ... ... M 5

9. Restriction on cremation of human remains ... ... ... ... ... ... ... M 5

10.............................Restriction on removal of uncremated human remains ... ... ... ... ... M 5

11,.............Restriction on coffins .... ... ... ... ... ... ... ... ... ... ... ... M 6
12..............Provision of bearers ......... ... ... ... ... ... ... ... ... ... ... M 6

13.....................Disposal of ashes after cremation ... ... ... ... ... --- ... ... M 6
14.....................Control of memorials, inscriptions, etc . ... ... ... ... ... ... ... ... M 7

15................Conduct and behaviour ...... ... ... ... ... ... ... ... ... ... ... M 7

16.....................Restriction on attending cremations ... ... ... ... ... ... ... ... ... M 8

17.........Obstruction ....................... ... ... ... ... ... ... ... ... ... M 8

PART IV

GARDENS OF
REMEMBRANCE

18............Hours of opening ............... ... ... ... ... ... ... ... ... M 8
19............Allocations and layout ...... ... ... ... ... ... ... ... ... ... M 9
20............Disposal of ashes .............. ... ... ... ... ... ... ... ... ... ... M 9
21............Memorials, etc . ............... ... ... ... ... ... ... ... ... ... ... M 9

22................Conduct and behaviour ...... ... ... ... ... ... ... ... ... 1.1 M 9
23. Obstruction --- M 10







24. Books of Remembrance ... ... ... ... ... ... ... ... ... M10

PART V

MISCELLANEOUS



25. Penalties ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... M10

First Schedule. Form 1: Application to Cremate ... ... ... ... ... ... ... ... M 11
Form 2: Medical Certificate (Cremation) ... ... ... ... ... ... ... M 12
Form 3: Cremation Permit ... ... ... ... ... ... ... M 13
Second Schedule. Scale of fees ... ... ... ... ... ... ... ... ... ... ... ... ... M 14
Third Schedule. Repositories for human remains ... ... ... ... ... ... ... ... ... M 14





CREMATION AND GARDENS OF REMEMBRANCE
(URBAN COUNCIL) BY-LAWS

(Cap. 132, section 124E)

[24 May 1974.1

PART I

PRELIMINARY

1. These by-laws may be cited as the Cremation and Gardens of
Remembrance (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-

'ashes' means ashes resulting from the cremation of human remains;

'Council' means the Urban Council;

,,cremation order' means an order for the cremation of human remains
issued by a coroner in accordance with section 17 of the Births
and Deaths Registration Ordinance;

,,cremation permit' means a permit granted by the Director of Medical
and Health Services in accordance with by-law 5;

'garden of remembrance' means any place specified in Part VII of the
Fifth Schedule to the Ordinance;

'Government crematorium' means a crematorium specified in Part V of
the Fifth Schedule to the Ordinance;

'human remains' means the dead body of any human being or any still-
born child, but does not include ashes resulting from the cremation
thereof,

'medical practitioner' means a medical practitioner registered or
exempted from registration under the Medical Registration
Ordinance.

PART II

PERMITS TO CREMATE

4. (1) Application for a permit to cremate any human remains may
be made in Form 1 in the First Schedule to the Director of Medical and
Health Services by any of the following persons taking priority inter se
in the order set out in this by-law

(a)any executor of the deceased or his duly authorized attorney
or agent;





(b)the nearest surviving relative of the deceased present in Hong
Kong at the time of application or his duly authorized attorney
or agent;

(c)any person having in his possession a direction in writing
purporting to be signed by the deceased requesting that his
remains may be cremated;

(d)any person being eligible for grant of letters of administration
or probate;

(e)after the expiration of 48 hours from the death of the person in
respect of whose human remains the application is made, any
person who, in the opinion of the Director of Medical and
Health Services. is a suitable and proper person to make the
application.

(2) Every application made under paragraph (1) shall be
accompanied

(a)in the case of an application made in respect of a still-born
child, by a certificate issued in accordance with section 18 of
the Births and Deaths Registration Ordinance;

(b) in the case of human remains-

(i) of any person who had died out of Hong Kong;

(ii) which have been lawfully buried for less than 1 year and
which have been lawfully exhumed; or

(iii) which have been placed in a repository specified in the
Third Schedule,

by such documentary evidence of the cause of death of the
deceased as, in the opinion of the Director of Medical and
Health Services establishes that the deceased did not die
from the effects of poison, violence, illegal operation,
privation or neglect;

(e) in any other case, by-

(i) a certificate issued in accordance with the provisions of
section 20(b) of the Births and Deaths Registration
Ordinance, certifying the cause of death of the deceased;

and

(ii) a medical certificate in Form 2 in the First Schedule
issued by a medical practitioner.

5. (1) Upon application being made in accordance with the
provisions of by-law 4, the Director of Medical and Health Services may
grant to the applicant a permit in Form 3 in the First Schedule,
authorizing the cremation of the human remains in respect of which the
application was made at a crematorium to be specified in the permit.

(2) Notwithstanding paragraph (1), a permit shall not be granted in
any case in which





(a)a coroner has given notice that he intends to hold an inquest
on the dead body in respect of which the application was
made; or

(b) the Director of Medical and Health knows or has
reason to believe that the deceased person had left a
direction in writing to the effect that his human remains
shall not be disposed of by cremation.

(3) Any person who, knowing or having reason to believe that any
deceased person has left a direction in writing to the effect that his
human remains shall not be disposed of by cremation

(a)makes application in respect of such human remains for the
grant of a cremation permit; or

(b)having been granted a cremation permit in respect of such
remains, causes or permits the cremation thereof to take place,

shall be guilty of an offence.

6. (1) The Director of Medical and Health Services may, at any
time between the issue thereof and the cremation in respect of which it
was issued, cancel any cremation permit issued by him

(a)by serving upon the person to whom such permit was issued
a notice in writing declaring the cancellation of the permit; or

(b) if, in the opinion of the Director of Medical and Health
Services, notice cannot conveniently be served upon such
person a reasonable time before the cremation is due to
take place, by directing the officer in charge of the
crematorium specified in the permit not to carry out the
cremation whereupon such officer shall refuse to carry out
such cremation.

(2) Every cremation permit cancelled by the Director of Medical and
Health Services shall be returned to him by the person to whom it was
issued within 48 hours after the cancellation thereof or of the refusal to
carry out the cremation, as the case may be.

(3) If for any reason after the Director of Medical and Health
Services has granted a cremation permit the human remains in
respect of which it was granted are not disposed of by cremation, the
person to whom the permit was granted shall, within 7 days after the
intention to cremate such remains is abandoned, return the permit to
the Director of Medical and Health for cancellation.

(4) Any person who fails to return to the Director of Medical
and Health Services any cremation permit required to be returned in
accordance with paragraph (2) or (3) shall be guilty of an offence.





7. (1) Any person who, knowing or having reason to believe
that in respect of any human remains-
(a)no cremation permit has been granted or that such permit,
if granted, has been cancelled under by-law 6; and
(b) no cremation order has been issued,

carries out, procures or takes part in the burning of such remains
shall be guilty of an offence.

(2) Notwithstanding anything contained in this Part, the
Council may permit in writing the cremation of human remains
which have been buried for not less than 1 year and which have been
lawfully exhumed.

PART Ill

GOVERNMENT CREMATORIA

8. Every Government crematorium shall, subject to these
by-laws, be open to the public on such days and between such times
as the Council may from time to time direct by notice posted therein.

9. (1) Subject to paragraph (2), no human remains shall be
cremated in any Government crematorium unless, prior to the
cremation and in respect of such remains, there is delivered to the
officer in charge of such crematorium either-

(a) a valid cremation permit; or
(b) a valid cremation order,

and, except in the case of a cremation to be carried out on behalf of
Government, unless-
(i)not less than 4 hours notice in writing is given, on an
appropriate form to be provided by the Council, to the
officer in charge of such crematorium between the hours
of 9 a.m. and 4 p.m. stating that a cremation is required to
be carried out; and
(ii) the appropriate fee prescribed in the Second Schedule is paid.
(2) The requirements of paragraph (1) relating to the delivery to
the officer in charge of the crematorium of a valid cremation permit or
a valid cremation order, as the case may be, shall not apply in the case
of the cremation of any human remains which have been buried for
not less than 1 year and which have been lawfully exhumed.

10. Any person who, except upon the order of-

(a) a coroner;
(b) the Commissioner of Police; or
(c) the Council,

removes any human remains from any Government crematorium
after receipt therein for cremation shall be guilty of an offence.





11. (1) No human remains shall be accepted for cremation in
any Government crematorium which are enclosed in any coffin
which-

(a)contains any metal fittings other than fittings which, in
the opinion of the Council, are suitable for cremation
purposes;

(b) is fitted with cross pieces or cleats attached to the bottom;

(c)contains any sawdust, charcoal, pitch, tar, cotton wool,
metal or other article or substance whatsoever which, in
the opinion of the Council, is unsuitable for combustion in
a cremation furnace.

(2) The officer in charge of any Government crematorium may
cause any coffin or other container presented for the cremation
therein of human remains to be inspected and, in his discretion,
opened and the contents thereof examined.

12. (1) Except in the case of a cremation to be carried out on
behalf of the Government, the person requesting the cremation of
any human remains in any Government crematorium shall provide
sufficient bearers to convey such remains into the crematorium and
thereafter to move the remains as may be necessary for the proper
and orderly conduct of the cremation thereof.

(2) If any person fails to provide bearers as required by
paragraph (1), the officer in charge of the crematorium may refuse to
proceed with the cremation.

13. (1) Upon completion of the cremation of any human
remains in any Government crematorium, the officer in charge
thereof shall, upon request, cause the ashes to be delivered to the
person who applied for the cremation or, in the absence of such
request, to be disposed of in such decent manner as the Council may
determine.

(2) Notwithstanding paragraph (1), upon the request in writ-
ing of the person entitled thereto under paragraph (3), the ashes
1 --- 1. '. 1,1 - - 1 --- 1 . 1





deposited at a Government crematorium or columbarium either
permanently or for such period as may be stipulated by the Council.

(4) Without prejudice to paragraphs (1), (2) and (3), upon
application to the Council and payment of the fee prescribed in the
Second Schedule, the ashes of the human remains of any person who
was a resident of Hong Kong for a period of less than 10 years during
the period of 20 years immediately preceding his death and whose
remains were cremated outside Hong Kong may, at the discretion of the
Council, be deposited at a Government crematorium or columbarium
either permanently or for such period as may be stipulated by the
Council.

(5) Without prejudice to the provisions of paragraphs (1), (2), (3)
and (4), upon application to the Council and payment of the fee
prescribed in the Second Schedule, the ashes of the human remains of
any person may, at the discretion of the Council, be deposited at any
crematorium or columbarium the management and control of which is
vested in the Council either permanently or for such period as may be
stipulated by the Council.

14. (1) No person shall place or cause to be placed in any
Government crematorium any monument, commemorative tablet,
inscription, receptacle for flowers or other ornament, except fresh cut
flowers, or shall plant or cause to be planted therein any tree, shrub or
plant of any kind, unless

(a) the prior permission of the Council has been obtained; and

(b)the appropriate fee prescribed in the Second Schedule has
been paid.

(2) Any permission granted by the Council under paragraph (1)
may be granted subject to such conditions or restrictions as the Council
may think fit.

(3) The Council may remove or cause to be removed any
monument, commemorative tablet, inscription, receptacle for flowers,
tree, shrub or plant which has been placed in any Government
crematorium in contravention of any of the provision of this by-law; and
in any event may take all such steps as in its opinion are necessary for
the maintenance of such crematorium in a suitable and seemly
condition.

15. Any person who, in any Government crematorium-

(a) sells or lets for hire, or exposes for sale or letting for hire,
any article or thing without the consent of the Council;

(b)posts, affixes or distributes any poster, handbill, card, circular
or advertisement whatsoever;

(e)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
procession or any religious or commemorative meeting;

(e)discharges any firearms, except in the proper performance of a
military funeral;

wilfully or carelessly defaces, injures, soils or defiles any wall
or other part of the crematorium or any thing situated therein;

(g)climbs upon any wall or fence, being part of or enclosing any
such crematorium; or

(h)behaves in a noisy or unseemly manner or is improperly or
inadequately clad,
shall be guilty of an offence.

16. (1) Any person other than a relative or personal legal
representative of a deceased person whose human remains are being
cremated therein, who, except with the consent of the officer in charge
thereof, attends the insertion of any coffin or human remains into any
furnace of a Government crematorium, shall be guilty of an offence.

(2) Paragraph (1) shall not apply in the case of any cremation
carried out in accordance with the rites of the Hindu religion in any part
of a Government crematorium allocated by the Council for such
purpose.

17. (1) Any person who, in any Government crematorium, fails to
comply with any such reasonable order, not being inconsistent with
any of the provisions of the Ordinance or of these by-laws as may from
time to time be posted in such crematorium by or on behalf of the
Council for the purpose of ensuring or facilitating the proper
management of such crematorium or the conduct of cremations carried
out therein, shall be guilty of an offence.

(2) Any person who wilfully obstructs any member of the staff of a
Government crematorium in the carrying out of his duty therein shall be
guilty of an offence.

PART IV

GARDENS OF
REMEMBRANCE

18. Every garden of remembrance shall be open to the public on
such days and between such times as the Council shall from time to time
direct by notice posted therein.





19. The Council may-

(a)direct that any particular garden of remembrance or any
part thereof be set aside or allocated for the reception or
disposal of ashes of particular persons or of persons
belonging to any particular community, race or religion;
and

(b)direct that the ashes of any particular person or of persons
belonging to any particular community, race or religion
shall not be received into or disposed of in any particular
garden of remembrance or any particular part thereof.

20. No ashes shall be disposed of in any garden of remem-
brance otherwise than by scattering them in such parts of the garden
as may from time to time be designated by the Council for that
purpose.

21. (1) No person shall place or cause to be placed in any
garden of remembrance any monument, commemorative tablet,
inscription, receptacle for flowers or other ornament, except fresh
cut flowers, or shall plant or cause to be planted therein any tree,
shrub or plant of any kind, unless-

(a)the prior permission has been obtained from the Council;
and

(b)the appropriate fee prescribed in the Second Schedule has
been paid.

(2) Any permission granted by the Council under paragraph
(1) may be granted subject to such conditions or restrictions as the
Council may think fit.

(3) The Council may remove or cause to be removed any
monument, commemorative tablet, inscription, receptacle for
flowers, ornament, tree, shrub or plant which has been placed in any
garden of remembrance in contravention of the provisions of this
by-law; and may in any event take all such steps as may in its
opinion be necessary to ensure the maintenance of every such garden
in a suitable and seemly condition.

22. Any person who in any garden of remembrance-

(a)sells or lets for hire, or exposes for sale or letting for hire,
any article or thing without the consent of the Council;

(b)posts, affixes or distributes any poster. handbill, card,
circular or advertisement whatsoever;

(c)holds, promotes or takes part in any public meeting or
procession other than a meeting or procession of a reli-
gious or commemorative nature in respect of the dead;

(d)wilfully disturbs or interferes with any religious or com-
memorative service, meeting or procession;





(e)discharges any firearm, except in the proper performance of a
military service in respect of the dead or discharges any fire
crackers except with the consent of the Council;

(f) wilfully or carelessly defaces, injures, soils or defiles any wall
or fence in or enclosing any garden of remembrance or any
part thereof or any monument, seat, tablet, ornament, tree,
shrub, or plant whatsoever situated therein;

(g)climbs upon any wall or fence being part of or enclosing any
garden of remembrance; or

(h)behaves in a noisy or unseemly manner or is improperly or
inadequately clad,
shall be guilty of an offence.

23. (1) Any person who, in any garden of remembrance, fails to
comply with any such reasonable order, not being inconsistent with any
of the provisions of the Ordinance or of these by-laws as may be posted
from time to time in such garden by or on behalf of the Council for the
purpose of ensuring or facilitating the proper management of such
garden or the preservation of the amenities afforded therein to persons
visiting the garden, shall be guilty of an offence.

(2) Any person who wilfully obstructs any member of the staff of
any garden of remembrance in the carrying out of his duty therein shall
be guilty of an offence.

24. Where at any garden of remembrance the Council arranges for
the maintenance of a book to be known as a Book of Remembrance, for
recording commemorative inscriptions, a suitable inscription may be
inserted therein by any person upon application to the Council and
payment of such fees as may from time to time be determined by the
Council and published in the Gazette.

PART V

MISCELLANEOUS

25. (1) Any person guilty of an offence under by-law 5(3),
7(1), 15 or 22 shall be liable to a fine of $1,000 or to imprisonment
for 6 months.

(2) Any person guilty of an offence under by-law 6(4), 10, 16(1), 17
or 23 shall be liable to a fine of $500, and in the case of a continuing
ofrence to a further fine of $25 for each day during which it is proved to
the satisfaction of the court that the offence has continued.





FIRST SCHEDULE
FORM 1 [by-law 4.]

PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE
(Chapter 132)
APPLICATION TO CREMATE

............ executor
............nearest surviving relative in Hong Kong
............attorney or agent of the executor or
............nearest surviving relative in Hong Kong
............person having in his possession a direction
. ..........being the*in writing purported to be signed by the
............ deceased
............person being eligible for grant of letters of
............ administration or probate
............person selected by the Director of Medical
............and 1 Health Services in respect

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

*who died

*which was still-born
.............................................................................................

on the ..day of ....19
....................*human remains of the said person

hereby apply for permission to cremate the *said still-born child

*a Government crematorium

*the Crematorium

I append hereto the certificates required by by-law 4 of the Cremation and

Gardens of Remembrance (Urban Council) By-laws.

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

Signature
.................................................. Address
....................................................
Warning:A person who makes this application knowing or having reason to
believe that the deceased person has left a direction in writing to the
effect that that human remains shall not be disposed of by cremation
commits an offence.

Delete as appropriate.
+ Name of the private crematorium.





FORM 2 [by-taw 4.]

PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE

(Chapter 132)

MEDICAL CERTIFICATE (CREMATION)

Name of Deceased
......................................................................................................

Date of Death
.............................................................................................................

Place of Death ............--- ---

1 .........................hereby certify-

(a) that I have carefully examined the body of the above-named deceased
person;

(b) that 1 am satisfied that the death of the above-named deceased person was
not due to poison, violence or any illegal operation or to privation or neglect;

(c) that the above-named deceased person *has/*has not been fitted with a
cardiac pacemaker, and that it *has/*has not been removed; and

(d) that the above-named deceased person *has/*has not been fitted with
radioactive or other implant, and that it *has/ *has not been removed.

is not removed.

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

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

Qualification ------
Address ............................


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

* Delete as appropriate.





FORM 3 by-law 5.]
PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE
(Chapter 132)
CREMATION PERMIT

I hereby authorize the cremation of the remains of .......................................

*male/*female aged .........../still-born child,
*who died of
*which was still-born at .....------

on the ... day of ......19

The cremation is to be carried out in *a Government crematorium.

*the Crematorium.+

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

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

Director of Medical and Health
Services

* Delete as appropriate.
+ Name of the private crematorium.





SECOND SCHEDULE[by-laws 9,13,14 & 21.1
SCALE OF FEES

Item Matter in respect of which fee payable Fee
1. For the cremation of an adult or a child of 12 years of age or

above ......................S 250.00
2. For the cremation of a child below the age of 12 years $ 125.00

3. For the cremation of the skeletal remain of an adult or child $ 90.00

4. For the temporary storage of ashes-
(a) for the first 2 months . Free of charge
(b) for each month or part of a month thereafter $ 50.00

5.For the permanent placing of ashes in a columbarium-
(a) for each standard niche capable of holding 2 cinerary urns $1,300.00
(b) for each family niche capable of holding 4 cinerary urns

6. For the placing of each memorial etc. or the planting of each

plant, shrub or tree ........$ 50.00

THIRD SCHEDULE [by-law 4.]
REPOSITORIES FOR HUMAN REMAINS

Tung Wah Hospital Repository at Sandy Bay.
The Government Repository at Oil Street, North Point.
The Government Repository at On Fat Road, Hung Hom.
L.N. 114/74. L.N. 96/77. L.N. 289/77. L.N. 307/78. L.N. 38/80. L.N. 48/83. L.N. 49/83. 10 of 1986. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. (Cap. 174.) (Cap. 161.) Application for cremation permit. First Schedule, Form 1. (Cap. 174) Third Schedule. (Cap. 174.) First Schedule, Form 2. Grant of cremation permit. First Schedule, Form 3. Cancellation of cremation permit. The burning of human remains prohibited except by permit or order. Hours of opening. Restriction on cremation of human remains. Second Schedule. Restriction on removal of uncremated human remains. Restriction on coffins. Provision of bearers. Disposal of ashes after cremation. L.N. 307/78. Second Schedule. Second Schedule. L.N. 96/77. Control of memorials, inscriptions, etc. Second Schedule. Conduct and behaviour. Restriction on attending cremations. Obstruction. Hours of opening. Allocation and layout. Disposal of ashes. Memorials, etc. Second Schedule. Conduct and behaviour. Obstruction. Books of Remembrance. Penalties. L.N. 49/83. 10 of 1986, s. 32(2). L.N. 48/83.

Abstract

L.N. 114/74. L.N. 96/77. L.N. 289/77. L.N. 307/78. L.N. 38/80. L.N. 48/83. L.N. 49/83. 10 of 1986. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. (Cap. 174.) (Cap. 161.) Application for cremation permit. First Schedule, Form 1. (Cap. 174) Third Schedule. (Cap. 174.) First Schedule, Form 2. Grant of cremation permit. First Schedule, Form 3. Cancellation of cremation permit. The burning of human remains prohibited except by permit or order. Hours of opening. Restriction on cremation of human remains. Second Schedule. Restriction on removal of uncremated human remains. Restriction on coffins. Provision of bearers. Disposal of ashes after cremation. L.N. 307/78. Second Schedule. Second Schedule. L.N. 96/77. Control of memorials, inscriptions, etc. Second Schedule. Conduct and behaviour. Restriction on attending cremations. Obstruction. Hours of opening. Allocation and layout. Disposal of ashes. Memorials, etc. Second Schedule. Conduct and behaviour. Obstruction. Books of Remembrance. Penalties. L.N. 49/83. 10 of 1986, s. 32(2). L.N. 48/83.

Identifier

https://oelawhk.lib.hku.hk/items/show/2574

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

14
]]>
Tue, 23 Aug 2011 18:08:45 +0800
<![CDATA[CREMATION AND GARDENS OF REMEMBRANCE (REGIONAL COUNCIL) BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/2573

Title

CREMATION AND GARDENS OF REMEMBRANCE (REGIONAL COUNCIL) BY-LAWS

Description






CREMATION AND GARDENS OF REMEMBRANCE
(REGIONAL COUNCIL) BY LAWS

ARRANGEMENT OF BY-LAWS

By-law Page
PART I

PRELIMINARY

1. Citation .....--- ..................... ... ... ... ... ... ... L3

1 Application.............................. ... ... ... ... ... ... L 3

3. Interpretation ............................. ... ... ... ... ... ... L 3

PART II

PERMITS TO
CREMATE

4....................Application for cremation permit ... ... ... ... ... ... ... ... ... L 3

5..................Grant of cremation permit ... .. ... ... ... ... ... ... ... L 4

6....................Cancellation of cremation permits ... ... ... ... ... ... ... ... ... L 5

7. The burning of human remains prohibited except by permit or order ... ... L 5

PART 111

GOVERNMENT
CREMATORIA

8.............Hours of opening ............ ... ... ... ... ... ... ... ... ... L6

9........................Restriction on cremation of human remains ... ... ... ... ... ... ... L 6

10, Restriction on removal of uncremated human remains L 6

11...............Restriction on coffins ....... ... ... ... ... ... ... ... ... ... L 7
12...............Provision of bearers .... ... ... ... ... ... ... ... ... ... --- L 7

13...................Disposal of ashes after cremation ... ... ... ... ... ... ... --- L 7
14~..................Control of memorials, inscriptions, etc. ... ... ... ... ... ... ... ... L
8

15...............Conduct and behaviour ........ .. ... ... ... ... ... ... ... ... L 8

16.....................Restriction on attending cremations ... ... ... ... ... ... .. ... L 9

17..........Obstruction .................. ... ... ... ... ... ... ... ... ... L 9

PART IV

PRIVATE
CREMATORIA

18........................Management of private crematoria .. . ... ... ... ... ... ... ... L 9

19...............Register of cremations ....... ... ... ... ... ... ... ... ... ... L 10







20...................................Restriction on removal of human remains received for cremation ... ... L 10
21. Inspection L10

22. Closure ... ... ... ... ... ... ... ... ... ... ... ... ... L10





By-law Page

PART V

GARDENS OF
REMEMBRANCE

23.............Hours of opening .......... ... ... ... ... ... ... ... ... ... ... L11
24.............Allocations and layout ....... ... ... ... ... ... ... ... ... ... ... L11
25.............Disposal of ashes ......... ... ... ... ... ... ... ... ... ... ... L11

26..........Memorials, etc . ............. ... ... ... ... ... ... ... ... ... ... L 11

27...............Conduct and behaviour ...... ... ... ... ... ... ... ... ... ... ... L 12

28..........Obstruction .................. ... ... ... ... ... ... ... ... ... L 12

29...............Books of Remembrance .... ... ... ... ... ... ... ... ... ... ... L 13

PART VI

MISCELLANEOUS

30. Penalties ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... L 13

First Schedule. Form 1: Application to Cremate ... ... ... ... ... ... ... ... L 13

Form 2: Medical Certificate (Cremation) ... ... ... ... ... ... L 15

Form 3: Cremation Permit ... ... ... ... ... ... ... ... ... L 16

Second Schedule. Scale of fees ... ... ... ... ... ... ... ... ... ... ... ... ... L 17





CREMATION AND GARDENS OF REMEMBRANCE
(REGIONAL COUNCIL) BY-LAWS

(Cap. 132, section 124E)

[17 January 1975.1

PART I

PRELIMINARY

1. These by-laws may be cited as the Cremation and Gardens of
Remembrance (Regional Council) By-laws.

2. These by-laws apply to the Regional Council area.

3. In these by-laws, unless the context otherwise requires

,lashes' means ashes resulting from the cremation of human remains;

'Council' means the Regional Council;

'cremation order' means an order for the cremation of human remains
issued by a coroner in accordance with section 17 of the Births and
Deaths Registration Ordinance;

'cremation permit means a permit granted by the Director of . Medical
and Health Services in accordance with by-law 5;

'garden of remembrance' means any place specified in Part VII of the
Fifth Schedule to the Ordinance;

'Government crematorium' means a crematorium specified in Part V of
the Fifth Schedule to the Ordinance;

'human remains' means the dead body of any human being or any still-
born child, but does not include ashes resulting from the cremation
thereof;

'medical practitioner' means a medical practitioner registered or
exempted. from registration under the Medical Registration
Ordinance;

'private crematorium' means a crematorium specified in Part VI of the
Fifth Schedule to the Ordinance.

PART II

PERMITS TO CREMATE

4.(1) Application for a permit to cremate any human

remains may be made in Form 1 in the First Schedule to the Director
of Medical and Health Services by any of the following persons
taking priority inter se in the order set out in this by-law-





(a)any executor of the deceased or his duly authorized attorney
or agent;

(b)the nearest surviving relative of the deceased present in Hong
Kong at the time of application or his duly authorized attorney
or agent;

(e)any person having in his possession a direction in writing
purporting to be signed by the deceased requesting that his
remains may be cremated;

(d)any person being eligible for grant of letters of administration
or probate;

(e)after the expiration of 48 hours from the death of the person in
respect of whose human remains the application is made, any
person who, in the opinion of the Director of Medical and
Health Services is a suitable and proper person to make the
application.

(2) Every application made under paragraph (1) shall be
accompanied

(a)in the case of an application made in respect of a still-born
child, by a certificate issued in accordance with section 18 of
the Births and Deaths Registration Ordinance;

(b) in the case of human remains-

(i) of any person who has died out of Hong Kong; or

(ii) which have been lawfully buried for less than 1 year and
which have been lawfully exhumed,

by such documentary evidence of the cause of death of the
deceased as, in the opinion of the Director of Medical and
Health Services , establishes that the deceased did not die
from the effects of poison, violence, illegal operation,
privation or neglect;

(c) in any other case, by-

(i) a certificate issued in accordance with the provisions of
section 20(b) of the Births and Deaths Registration
Ordinance, certifying the cause of death of the deceased; and

(ii) a medical certificate in Form 2 in the First Schedule
issued by a medical practitioner.

5. (1) Upon application being made in accordance with
the provisions of by-law 4, the Director of Medical and Health
Services may grant to the applicant a permit in Form 3 in the First
Schedule, authorizing the cremation of the human remains in respect
of which the application was made at a crematorium to be specified
in the permit.

(2) Notwithstanding paragraph (1), a permit shall not be granted in
any case in which





(a)a coroner has given notice that he intends to hold an inquest
on the dead body in respect of which the application was
made; or

(b)the Director of Medical and Health Services knows or has
reason to believe that the deceased person has left a direction
in writing to the effect that his human remains shall not be
disposed of by cremation.

(3) Any person who, knowing or having reason to believe that any
deceased person has left a direction in writing to the effect that his
human remains shall not be disposed of by cremation

(a)makes application in respect of such human remains for the
grant of a cremation permit; or

(b)having been granted a cremation permit in respect of such
remains, causes or permits the cremation thereof to take place,

shall be guilty of an offence.

6. (1) The Director of Medical mid Health Services may, at any time
between the issue thereof and the cremation in respect of which it was
issued, cancel any cremation permit issued by him

(a)by serving upon the person to whom such permit was issued
a notice in writing declaring the cancellation of the permit; or

(b)if, in the opinion of the Director of Medical and Health
Services, notice cannot conveniently be served upon such
person a reasonable time before the cremation is due to take
place, by directing the officer in charge of the crematorium
specified in the permit not to carry out the cremation
whereupon such officer shall refuse to carry out such
cremation.

(2) Every cremation permit cancelled by the Director of
A Healthshall be returned to him by the person

to whom it was issued within 48 hours after the cancellation thereof
or of the refusal to carry out the cremation, as the case may be.

(3) If for any reason after the Director of Medical and Health
Serices has granted a cremation permit the human remains in
respect of which it was granted are not disposed of by cremation, the
person to whom the permit was granted shall, within 7 days after the
intention to cremate such remains is abandoned, return the permit to
the Director of Medical an Health for cancellation.

(4) Any person who fails to return to the Director of Medical and
Health Services any cremation permit required to be returned in
accordance with paragraph (2) or (3) shall be guilty of an offence.

7. (1) Any person who, knowing or having reason to believe that in
respect of any human remains

(a)no cremation permit has been granted or that such permit, if
granted, has been cancelled under by-law 6; and





(b) no cremation order has been issued,

carries out, procures or takes part in the burning of such remains
shall be guilty of an offence.
(2) Notwithstanding anything contained in this Part, the
Council may permit in writing the cremation of human remains
which have been buried for not less than 1 year and which have
been lawfully exhumed.

PART 111

GOVERNMENT CREMATORIA

8. Every Government crematorium shall, subject to these
by-laws be open to the public on such days and between such
times as the Council may from time to time direct by notice posted
therein.

9. (1) Subject to paragraph (2), no human remains shall be
cremated in any Government crematorium unless, prior to the
cremation and in respect of such remains, there is delivered to the
officer in charge of such crematorium either-
(a) a valid cremation permit; or
(b) a valid cremation order,

and, except in the case of a cremation to be carried out on behalf of
Government, unless-
(i)not less than 4 hours notice in writing is given, on an
appropriate form to be provided by the Council, to the
officer in charge of such crematorium between the hours
of 9 a.m. and 4 p.m. stating that a cremation is required
to be carried out; and
(ii)the appropriate fee prescribed in the Second Schedule is
paid.

(2) The requirements of paragraph (1) relating to the delivery
to the officer in charge of the crematorium of a valid cremation
permit or a valid cremation order, as the case may be, shall not apply
in the case of the cremation of any human remains which have been
buried for not less than 1 year and which have been lawfully
exhumed.

10. Any person who, except upon the order of-
(a) a coroner;

(b) the Commissioner of Police; or
(c) the Council,

removes any human remains from any Government crematorium
after receipt therein for cremation shall be guilty of an offence.





11. (1) No human remains will be accepted for cremation in
any Government crematorium which are enclosed in any coffin
which-

(a)contains any metal fittings other than fittings which, in
the opinion of the Council, are suitable for cremation
purposes;

(b) is fitted with cross pieces or cleats attached to the bottom;

(c)contains any sawdust, charcoal, pitch, tar, cotton wool,
metal or other article or substance whatsoever which, in
the opinion of the Council, is unsuitable for combustion
in a cremation furnace.

(2) The officer in charge of any Government crematorium may
cause any coffin or other container presented for the cremation
therein of human remains to be inspected and, in his discretion,
opened and the contents thereof examined.

12. (1) Except in the case of a cremation to be carried out on
behalf of the Government, the person requesting the cremation of
any human remains in any Government crematorium shall provide
sufficient bearers to convey such remains into the crematorium and
thereafter to move the remains as may be necessary for the proper
and orderly conduct of the cremation thereof.

(2) If any person fails to provide bearers as required by
paragraph (1), the officer in charge of the crematorium may refuse to
proceed with the cremation.

13. (1) Upon completion of the cremation of any human
remains in any Government crematorium, the officer in charge
thereof shall, upon request, cause the ashes to be delivered to the
person who applied for the cremation or, in the absence of such
request, to be disposed of in such decent manner as the Council
may determine.

(2) Notwithstanding paragraph (1), upon the request in writ-
ing of the person entitled thereto under paragraph (3), the ashes,
may, at the discretion of the officer in charge of the crematorium, be
retained at such crematorium for any period not exceeding 2 months
free of charge.

(3) Without prejudice to the provisions of paragraphs (1) and
(2), any person shall, upon payment of the fee prescribed in the
Second Schedule, be entitled to have the ashes of the human remains
of any person-

(a)who was a resident of Hong Kong at the time of his
death and whose remains were cremated in a Government
crematorium within 3 months after his death; or





(b)who was a resident of Hong Kong for a period of at least 10
years during the period of 20 years immediately preceding his
death and whose remains were cremated outside Hong Kong,

deposited at a Government crematorium or columbarium either
permanently or for such period as may be stipulated by the Council.

(4) Without prejudice to the provisions of paragraphs (1), (2) and
(3), upon application to the Council and payment of the fee prescribed
in the Second Schedule, the ashes of the human remains of any person
who was a resident of Hong Kong for a period of less than 10 years
during the period of 20 years immediately preceding his death and
whose remains were cremated outside Hong Kong may, at the discretion
of the Council, be deposited at a Government crematorium or
columbarium either permanently or for such period as may be stipulated
by the Council.

(5) Without prejudice to the provisions of paragraphs (1), (2), (3)
and (4), upon application to the Council and payment of the fee
prescribed in the Second Schedule, the ashes of the human remains of
any person may, at the discretion of the Council, be deposited at any
Government crematorium or columbarium either permanently or for such
period as may be stipulated by the Council.

14. (1) No person shall place or cause to be placed in any
Government crematorium any monument, commemorative tablet,
inscription, receptacle for flowers or other ornament, except fresh out
flowers, or shall plant or cause to be planted therein any tree, shrub or
plant of any kind, unless

(a)the prior permission of the Council has been obtained; and

(b)the appropriate fee prescribed in the Second Schedule has
been paid.

(2) Any permission granted by the Council under paragraph (1)
may be granted subject to such conditions or restrictions as the Council
may think fit.

(3) The Council may remove or cause to be removed any
monument, commemorative tablet, inscription, receptacle for flowers,
tree, shrub or plant which has been placed in any Government
crematorium in contravention of any of the provisions of this by-law;
and in any event may take all such steps as in its opinion are necessary
for the maintenance of such crematorium in a suitable and seemly
condition.

15. Any person who, in any Government crematorium-

(a)sells or lets for hire, or exposes for sale or letting for hire, any
article or thing without the consent of the Council;





(b)posts, affixes or distributes any poster, handbill, card,
circular or advertisement 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
procession or any religious or commemorative meeting;

(e)discharges any firearms, except in the proper performance
of a military funeral;

(f)wilfully or carelessly defaces, injures, soils or defiles any
wall or other part of the crematorium or any thing situated
therein;

(g)climbs upon any wall or fence, being part of or enclosing
any such crematorium; or

(h)behaves in a noisy or unseemly manner or is improperly or
inadequately clad,

shall be guilty of an offence.

16. Any person other than a relative or personal legal repre-
sentative of a deceased person whose human remains are being
cremated therein, who, except with the consent of the officer in
charge thereof, attends the insertion of any coffin or human remains
into any furnace of a Government crematorium, shall be guilty of an
offence.

17. (1) Any person who, in any Government crematorium,
fails to comply with any such reasonable order, not being incon-
sistent with any of the provisions of the Ordinance or of these
by-laws, as may from time to time be posted in such crematorium
by or on behalf of the Council for the purpose of ensuring or
facilitating the proper management of such crematorium or the
conduct of cremations carried out therein, shall be guilty of an
offence.

(2) Any person who wilfully obstructs any member of the staff
of a Government crematorium in the carrying out of his duty therein
shall be guilty of an offence.

PART IV

PRIVATE CREMATORIA

18. The person legally entitled to the possession of any private
crematorium shall nominate a person, not being a body of persons
corporate or unincorporate, to be the manager thereof, and shall
register with the Council the name and address of such manager,
and, in the event of any alteration in such nomination or such
address shall, within 14 days thereafter, notify the Council.





19. (1) The manager of any private crematorium shall maintain a
register at or near the crematorium in which shall be recorded, not later
than 48 hours after any cremation carried out in such crematorium

(a) the serial number of the cremation;

(b) the date of the cremation permit or coroner's order;

(c) the date on which the cremation is carried out;

(d)the name, sex and approximate age of the deceased person
whose remains were cremated;

(e) disposal of the ashes;

the name, address and signature of the person in charge of
the cremation.

(2) Every such register shall be open to inspection by any member
of the public on request to the manager of the crematorium at any
reasonable hour.

(3) Not later than the 7th day in each month the manager of any
private crematorium shall send to the Council a copy of every entry
made during the preceding month in the register required to be
maintained in accordance with paragraph (1).

(4) Any manager of any private crematorium who fails or refuses to
comply with any of the provisions of this by-law shall be guilty of an
offence.

20. Any person who, except upon the order of-

(a) a coroner;

(b) the Commissioner of Police; or

(c) the Council,

removes any human remains from any private crematorium after receipt
therein for cremation shall be guilty of an offence.

21. (1) Every private crematorium shall be open to inspection at all
reasonable times by the Council or by the Director of Medical and
Health Services or by any person duly authorized in writing by it or him
for that purpose.

(2) Any person who obstructs the Council or the Director of
Medical and Health Services or any person duly authorized thereto in
accordance with paragraph (1) in the carrying out of any inspection of a
private crematorium shall be guilty of an offence.

22. (1) The Council may direct by a notice-

(a)published in not less than 2 consecutive publications of the
Gazette; and





(b)posted at the entrance to the crematorium; and

(c)sent by registered post addressed to the manager of the
crematorium,

that such private crematorium be closed with effect from a date to be
specified in such notice not being less than 1 month after the date of the
first publication thereof in the Gazette.

(2) If the person legally entitled to the possession of any
private crematorium considers himself aggrieved by any direction of
the Council made in accordance with paragraph (1) he may within
21 days after the date of the first publication in the Gazette of the
notice to close such crematorium appeal by way of petition to the
Governor in Council, whose decision shall be final

PART V

GARDENS OF REMEMBRANCE

23. Every garden of remembrance shall be open to the public on
such days and between such times as the Council shall from time to
time direct by notice posted therein.

24. The Council may-

(a)direct that any particular garden of remembrance or any part
thereof be set aside or allocated for the reception or disposal
of ashes of particular persons or of persons belonging to any
particular community, race or religion; and

(b)direct that the ashes of any particular person or of persons
belonging to any particular community, race or religion shall
not be received into or disposed of in any particular garden of
remembrance or any particular part thereof.

25. No ashes shall be disposed of in any garden of remembrance
otherwise than by scattering them in such parts of the garden as may
from time to time be designated by the Council for that purpose.

26. (1) No person shall place or cause to be placed in any garden of
remembrance any monument, commemorative tablet, inscription,
receptacle for flowers or other ornament, except fresh out flowers, or
shall plant or cause to be planted therein any tree, shrub or plant of any
kind, unless

(a)the prior permission has been obtained from the Council; and

(b)the appropriate fee prescribed in the Second Schedule has
been paid.





(2) Any permission granted by the Council under paragraph
(1) may be granted subject to such conditions or restrictions as the
Council may think fit.

(3) The Council may remove or cause to be removed any
monument, commemorative tablet, inscription, receptacle for
flowers, ornament, tree, shrub or plant which has been placed in any
garden of remembrance in contravention of the provisions of this
by-law; and may in any event take all such steps as may in its
opinion be necessary to ensure the maintenance of every such garden
in a suitable and seemly condition.

27. Any person who in any garden of remembrance-

(a)sells or lets for hire, or exposes for sale or letting for hire,
any article or thing without the consent of the Council;

(b)posts, affixes or distributes any poster, handbill, card,
circular or advertisement whatsoever;

(e)holds, promotes or takes part in any public meeting or
procession other than a meeting or procession of a reli-
gious or commemorative nature in respect of the dead;

(d)wilfully disturbs or interferes with any religious or com-
memorative service, meeting or procession;

(e)discharges any firearm, except in the proper performance
of a military service in respect of the dead or discharges
any fire crackers except with the consent of the Council;

wilfully or carelessly defaces, injures, soils or defiles any
wall or fence in or enclosing any garden of remembrance or
any part thereof or any monument, seat, tablet, ornament,
tree, shrub or plant whatsoever situated therein;

(g)climbs upon any wall or fence being part of or enclosing
any garden of remembrance; or

(h)behaves in a noisy or unseemly manner or is improperly or
inadequately clad,

shall be guilty of an offence.

28. (1) Any person who, in any garden of remembrance, fails
to comply with any such reasonable orders, not being inconsistent
with any of the provisions of the Ordinance or of these by-laws,
as may be posted from time to time in such garden by or on behalf of
the Council for the purpose of ensuring or facilitating the proper
management of such garden or the preservation of the amenities
afforded therein to persons visiting the garden, shall be guilty of an
offence.

(2) Any person who wilfully obstructs any member of the staff
of any garden of remembrance in the carrying out of his duty therein
shall be guilty of an offence.





29. Where at any garden of remembrance the Council arranges for
the maintenance of a book to be known as a Book of Remembrance, for
recording commemorative inscriptions, suitable inscription may be
inserted therein by any person upon application to the Council and
payment of such fees as may from time to time be determined by the
Council and published in the Gazette.

PART VI

MISCELLANE
OUS

30. (1) Any person guilty of an offence under by-law 5(3),
7(1), 15 or 27 shall be liable to a fine of $1,000 and to imprisonment
for 6 months.

(2) Any person guilty of an offence against by-law 6(4) 10,
16, 17, 19(4), 20, 21(2) or 28 shall be liable to a fine of in the
case of a continuing offence to a further fine of $25 for each day
during which it is proved to the satisfaction of the court that the
offence has continued.

FIRST SCHEDULE

FORM 1 [by-law 4.]

PUBLIC HEALTH AND MUNICIPAL SERVICES
ORDINANCE
(Chapter 132)

APPLICATION TO CREMATE

executor nearest surviving relative in
Hong Kong

attorney or agent of the executor or
nearest surviving relative in Hong
Kong

. .........being the person having in his possession a direction
........... in writing purported to be signed by the
........... deceased
........... person being eligible for grant of letters of
........... administration or probate
........... person selected by the Director of Medical

........... aiA Health Services in respect

of
................................................................................................................................
*who died at .............................................................................................. *which
which was still-born

on the .........................day of 19

hereby apply for permission to cremate the *human remains of the said person in

*said still-born child

*a Government crematorium

*the Crematorium





I append hereto the certificates required by by-law 4 of the Cremation and
Gardens of Remembrance (Regional Council) By-laws.

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

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

Address ....................................................
Warning:A person who makes this application knowing or having reason to
believe that the deceased person has left a direction in writing to the
effect that that human remains shall not be disposed of by cremation
commits an offence.

Delete as appropriate. Name of
the private crematorium.





FORM 2 (by-law 4.1

PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE
(Chapter 132)

MEDICAL CERTIFICATE (CREMATION)

Name of Deceased
......................................................................................................
Date of Death
.............................................................................................................
Place of Death
............................................................................................................

I ...............hereby certify-

(a)that I have carefully examined the body of the above-named deceased
person;

(b)that I am satisfied that the death of the above-named deceased person was
not due to poison, violence or any illegal operation or to privation or
neglect;

(c)that the above-named deceased person *has/*has not been fitted with a
cardiac pacemaker, and that it *has/*has not been removed; and

(d)that the above-named deceased person *has/*has not been fitted with
radioactive or other implant, and that it *has/ *has not been removed.

Note: Cremation may be refused if a pacemaker or a radioactive or other implant

is not removed.
Dated this ....................day of 19

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

Qualification ............................................

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

* Delete as appropriate.





FORM 3 [by-law 5.]

PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE
(Chapter 132)

CREMATION PERMIT

I hereby authorize the cermatin of the remains of
...............................................

.............................------..................... --- ....... *male/
*female aged

.....................---....................... ................
...................../still born child,

*who died of

*which was still-born at ------

on the .................. day of ................................ 19

The cremation is to be carried out in *a Government crematorium.

*the Crematoriums

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

-:
...........................................................
Director of Medical and Health
Services

* Delete as appropriate.

+ Name of the private crematorium.





SECOND SCHEDULE [by-laws 9, 13, 14 & 26.] L.N.
111183.
L.N.
300186.
SCALE OF FEES

Item Matter in respect of which fee payable Fee

1. For the cremation of an adult or a child of 12 years of

age or above ...*** ............ ............... S 350.00

2..............................For the cremation of a hild below the age of 12 years $ 170.00
3..............................For the cremation of the skeletal rem ins of an adult or

child ............................................... $ 90.00
4. For the temporary storage of a ashes- (a) for the first 2 months *------*
*** ..............Free of charge

(b) for each month or part of month thereafter S 50.00
5.For the permanent placing of ashes in a columbarium-
(a) for each standard niche capable of holding 2

urns ................................. $1,520.00

(b) for each family niche capable of holding 4

cinerary urns ............ $5,200.00

6. For the placing of each memorial etc. or the planting of

each plant, shrub or tree ......................... $ 50.00

SECOND SCHEDULE [by-laws 9, 13, 14 & 261

SCALE OF FEES

Item Matter in respect of which fee payable Fee
1. For the cremation of an adult or a child of 12 years of age or over $ 500
2. For the cremation of a child below the age of 12 years $ 250
Item Matter in respect of which fee payable Fee
3. For the cremation of the skeletal remains of an adult or child $ 90

4. For the temporary storage of ashes-

(a) for the first 2 months ........Free of charge
(b) for each month or part of a month thereafter $ so

5. For the permanent placing of ashes in a columbarium-

(a) for each standard niche capable of holding 2 cinerary urns $1,600
(b) for each family niche capable of holding 4 cinerary urns $5,300

6. For the placing of each memorial etc. or the planting of each plant,

shrub or tree .....................$ 50
...................................(L.N. 111/89)
L.N. 14/75. L.N. 277/77. L.N. 253/78. L.N. 48/81. L.N. 407/82. L.N. 111/83. L.N. 67/82. 10 of 1986. L.N. 300/86. Citation. 10 of 1986, s. 32(2). Interpretation. 10 of 1986, s. 32(2). (Cap. 174.) (Cap. 161.) Application for cremation permit. First Schedule, Form 1. 10 of 1986, s. 32(2). (Cap. 174.) (Cap. 174.) First Schedule, Form 2. Grant of cremation permit. 10 of 1986, s. 32(2). First Schedule, Form 3. Cancellation of cremation permits. The burning of human remains prohibited except by permit or order. 10 of 1986, s. 32(2). Hours of opening. 10 of 1986, s. 32(2). Restriction on cremation of human remains. 10 of 1986, s. 32(2). Second Schedule. Restriction on removal of uncremated human remains. 10 of 1986, s. 32(2). Restriction on coffins. 10 of 1986, s. 32(2). Provision of bearers. Disposal of ashes after cremation. 10 of 1986, s. 32(2). L.N. 253/78. Second Schedule. Second Schedule. Second Schedule. L.N. 48/81. Control of memorials, inscriptions, etc. 10 of 1986, s. 32(2). Second Schedule. Conduct and behaviour. 10 of 1986, s. 32(2). Restriction on attending cremations. Obstruction. 10 of 1986, s. 32(2). Management of private crematoria. 10 of 1986, s. 32(2). Register of cremations. 10 of 1986, s. 32(2). Restriction on removal remains received for cremation. 10 of 1986, s. 32(2). Inspection. 10 of 1986, s. 32(2). Closure. 10 of 1986, s. 32(2). Hours of opening. 10 of 1986, s. 32(2). Allocations and layout. 10 of 1986, s. 32(2). Disposal of ashes. 10 of 1986, s. 32(2). Memorials, etc. 10 of 1986, s. 32(2). Second Schedule. Conduct and behaviour. 10 of 1986, s. 32(2). Obstruction. 10 of 1986, s. 32(2). Books of Remembrance. 10 of 1986, s. 32(2). Penalties. 10 of 1986, s. 32(2). L.N. 407/82. 10 of 1986, s. 32(2). L.N. 111/83. L.N. 300/86.

Abstract

L.N. 14/75. L.N. 277/77. L.N. 253/78. L.N. 48/81. L.N. 407/82. L.N. 111/83. L.N. 67/82. 10 of 1986. L.N. 300/86. Citation. 10 of 1986, s. 32(2). Interpretation. 10 of 1986, s. 32(2). (Cap. 174.) (Cap. 161.) Application for cremation permit. First Schedule, Form 1. 10 of 1986, s. 32(2). (Cap. 174.) (Cap. 174.) First Schedule, Form 2. Grant of cremation permit. 10 of 1986, s. 32(2). First Schedule, Form 3. Cancellation of cremation permits. The burning of human remains prohibited except by permit or order. 10 of 1986, s. 32(2). Hours of opening. 10 of 1986, s. 32(2). Restriction on cremation of human remains. 10 of 1986, s. 32(2). Second Schedule. Restriction on removal of uncremated human remains. 10 of 1986, s. 32(2). Restriction on coffins. 10 of 1986, s. 32(2). Provision of bearers. Disposal of ashes after cremation. 10 of 1986, s. 32(2). L.N. 253/78. Second Schedule. Second Schedule. Second Schedule. L.N. 48/81. Control of memorials, inscriptions, etc. 10 of 1986, s. 32(2). Second Schedule. Conduct and behaviour. 10 of 1986, s. 32(2). Restriction on attending cremations. Obstruction. 10 of 1986, s. 32(2). Management of private crematoria. 10 of 1986, s. 32(2). Register of cremations. 10 of 1986, s. 32(2). Restriction on removal remains received for cremation. 10 of 1986, s. 32(2). Inspection. 10 of 1986, s. 32(2). Closure. 10 of 1986, s. 32(2). Hours of opening. 10 of 1986, s. 32(2). Allocations and layout. 10 of 1986, s. 32(2). Disposal of ashes. 10 of 1986, s. 32(2). Memorials, etc. 10 of 1986, s. 32(2). Second Schedule. Conduct and behaviour. 10 of 1986, s. 32(2). Obstruction. 10 of 1986, s. 32(2). Books of Remembrance. 10 of 1986, s. 32(2). Penalties. 10 of 1986, s. 32(2). L.N. 407/82. 10 of 1986, s. 32(2). L.N. 111/83. L.N. 300/86.

Identifier

https://oelawhk.lib.hku.hk/items/show/2573

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

17
]]>
Tue, 23 Aug 2011 18:08:44 +0800
<![CDATA[CONSERVANCY (URBAN COUNCIL) BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/2572

Title

CONSERVANCY (URBAN COUNCIL) BY-LAWS

Description






CONSERVANCY (URBAN COUNCIL) BY-LAWS

ARRANGEMENT OF BY-LAWS

By-law Page

PART 1

PRELIMINARY

1.......Citation ............................. ... ... ... ... ... ---. ... ... K 2

2..........Application ................. ... ... ... ... ... ... ... ... ... K 2

3............Interpretation ..... ... ... ... ... ... ... ... ... K 2

PART II

WATERCLOSETS AND URINALS

4.......................................Floors of compartments to be constructed of impervious material or paved ... K 2

5. Duties of occupiers and owners of premises, etc. with respect to water-borne

sanitation ............................... ... ... ... ... ... ... K 2

6...........................Prevention of obstruction to waterclosets or urinals ... ... ... ... ... K 3

PART III

DRY LATRINES

7..................................Duty of occupier of premises not having water-borne sanitation ... ... ... K 3

PART IV

CONSERVANCY

8.........................Disposal of contents of sanitary pails, etc. ... ... ... ... K 3

9.....................Application for conservancy service ... ... ... ... ... ... ... ... ... K 4

PART V

OFFENCES AND MISCELLANEOUS

10................Offences and penalties ..... ... ... ... ... ... ... ... ... ... ... K 5

11. Name in which proceedings for offences may be brought


K 5





CONSERVANCY (URBAN COUNCIL) BY-LAWS

(Cap. 132, sections 15 and 29)

[ 11 November 1960.1

PART 1

PRELIMINARY

1. These by-laws may be cited as the Conservancy (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;

'conservancy service' means a service provided under section 16 of the
Ordinance for the removal and disposal of excretal matter;

'excretal matter' means excretal matter of any person, but does not include
such matter after maturation;

'premises' means buildings and structures appurtenant thereto, but does not
include any temporary structure used solely for dwelling purposes unless
such temporary structure is used in connexion with any industrial
undertaking within the meaning of the Factories and Industrial
Undertakings Ordinance;

'temporary conservancy service' means a conservancy service provided for a
period not exceeding 30 days;

'water-borne sanitation' includes waterclosets and urinals.

PART 11

WATERCLOSETS AND URINALS

4. The owner, or, if the owner is absent from Hong Kong or cannot readily
be found, the occupier, of any premises or part of any premises in which a
watercloset or urinal is installed shall cause the floor of any compartment in
which such watercloset or urinal is installed 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
watercloset or urinal is installed shall, at all times, keep such watercloset or
urinal in a clean and wholesome condition.

(2) The owner, or, if the owner is absent from Hong Kong or cannot
readily be found, the occupier, of any premises or part of any premises in
which a watercloset or urinal is installed, shall provide at all times an adequate
supply of water piped directly to such watercloset or urinal for flushing
purposes.





(3) Where a compartment in any premises or part of any
premises in which a watercloset or urinal is installed 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 keep the ventilating system maintained at all times in
good working order.

6. No person shall insert or permit to be inserted into any
watercloset or urinal any matter which is not easily soluble in water
or which is likely to prevent or obstruct the proper operation
thereof.

PART 111

DRY LATRINES

7. (1) In any premises or part of any premises in which
water-borne sanitation is not provided, the occupier of such
premises or such part thereof shall provide not less than one sanitary
pail or container for every 25 inmates of such premises or such part
thereof.

(2) Save where the same is supplied by the Council, 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 such sanitary pail or container and all fittings or
appliances appurtenant thereto shall, at all times, be maintained in
good repair and in a clean and wholesome condition to the satisfac-
tion of the Council by the occupier of the premises, or the part of the
premises, in which it is installed.

PART IV

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 the
agency of a conservancy service.

(2) In the case of any premises or part of any premises for
which no conservancy service is for the time being provided, the
occupier of such premises or such part thereof shall, if he has made
an application to the Council in the manner prescribed in by-law 9





for the provision of a conservancy service and the Council has,
within 48 hours after the receipt of such application, either refused
or failed to provide or to cause such a service to be provided, dispose
of the contents of every sanitary pail or container once in every 24
hours, until such time as a conservancy service is provided, in such
decent manner as to prevent the causing of any nuisance or smell or
the propagation of flies:

Provided that in no case shall such contents be thrown into the
sea or into any stream, watercourse or open drain or ditch.

(3) In the case of any premises or part of any premises for
which a conservancy service is provided, the occupier of such
premises or such part thereof shall, unless the Council or other
person providing the service 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, wherever possible, necessitate the removal of such
pail or container through any 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 Secretary of 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, or the part thereof, 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 upon which he expects the
requirement to cease.

(3) Where any person is about to cease to require at any
premises, or any part of any premises, the provision of a conser-
vancy service, he shall give to the Council, by notice in writing
addressed to the Secretary thereof, not less than 3 days' notice of the
date upon which he will cease to require the service and shall, in such
notice, specify the circumstances by reason of which the service will
no longer be required.





(4) Where application is made by the occupier of any premises or
any part 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 or part of any premises will no longer he
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 or such parts thereof, cause notice in writing of
the receipt of such application or notice and of its determination thereon
to be sent to such 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 MISCELLANEOUS



10. (1) Any person who contravenes any of the provisions of by-
law 4 or 5 shall be guilty of a offence and 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 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 a reasonable 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
summary conviction to a fine of $250 and to imprisonmenr 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.

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 provisions
of these by-laws may be brought in the name of the Council.
G.N.A. 103/60. G.N.A. 130/60. 5 of 1961. G.N.A. 46/62. L.N. 37/69. L.N. 35/78. 10 of 1986. G.N.A. 132/60. Citation. 10 of 1986, s. 32(2). Interpretation. 10 of 1986, s. 32(2). (Cap. 59.) Floors of compartments to be constructed of impervious material or paved. 10 of 1986, s. 32(2). Duties of occupiers and owners of premises, etc. with respect to water-borne sanitation. G.N.A. 130/60. L.N. 37/69. L.N. 35/78. Prevention of obstruction to waterclosets or urinals. Duty of occupier of premises not having water-borne sanitation. Disposal of contents of sanitary pails, etc. Application for conservancy service. 10 of 1986, s. 32(2). Offences and penalties. L.N. 37/69. Name in which proceedings for offences may be brought.

Abstract

G.N.A. 103/60. G.N.A. 130/60. 5 of 1961. G.N.A. 46/62. L.N. 37/69. L.N. 35/78. 10 of 1986. G.N.A. 132/60. Citation. 10 of 1986, s. 32(2). Interpretation. 10 of 1986, s. 32(2). (Cap. 59.) Floors of compartments to be constructed of impervious material or paved. 10 of 1986, s. 32(2). Duties of occupiers and owners of premises, etc. with respect to water-borne sanitation. G.N.A. 130/60. L.N. 37/69. L.N. 35/78. Prevention of obstruction to waterclosets or urinals. Duty of occupier of premises not having water-borne sanitation. Disposal of contents of sanitary pails, etc. Application for conservancy service. 10 of 1986, s. 32(2). Offences and penalties. L.N. 37/69. Name in which proceedings for offences may be brought.

Identifier

https://oelawhk.lib.hku.hk/items/show/2572

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

5
]]>
Tue, 23 Aug 2011 18:08:43 +0800
<![CDATA[COMMONWEALTH WAR GRAVES COMMISSION CEMETERIES RULES]]> https://oelawhk.lib.hku.hk/items/show/2571

Title

COMMONWEALTH WAR GRAVES COMMISSION CEMETERIES RULES

Description






COMMONWEALTH WAR GRAVES COMMISSION
CEMETERIES RULES

(Cap. 132, section 117)

[28 January 1977.1

1. These rules may be cited as the Commonwealth War Graves
Commission Cemeteries Rules.

2. In these rules-

'cemetery' means any Commonwealth War Graves Commission
Cemetery specified in Part IVA of the Fifth Schedule to the
Ordinance.

3. No person shall, without the consent in writing of the Director of
Urban Services, permit any dog or other animal to enter any cemetery.

4. No person shall in any cemetery-

(a)sell or let for hire, or expose for sale or letting for hire, any
article or thing;

(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 that cemetery;

(d)wilfully disturb or interfere with any funeral service or
procession or any religious or commemorative meeting;

(e)discharge any fire-arm, except in the proper performance of a
military funeral or commemorative meeting;

wilfully or carelessly deface, injure, soil or defile any wall or
fence in or enclosing the cemetery, or any part thereof, or any
grave, barrier, railing, post, seat, boundary stone, monument,
building, headstone, tablet, ornament, 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.
L.N. 24/77. Citation. Interpretation. Animals. Conduct and behaviour.

Abstract

L.N. 24/77. Citation. Interpretation. Animals. Conduct and behaviour.

Identifier

https://oelawhk.lib.hku.hk/items/show/2571

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

1
]]>
Tue, 23 Aug 2011 18:08:43 +0800
<![CDATA[COMMERCIAL BATHHOUSES (URBAN COUNCIL) BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/2570

Title

COMMERCIAL BATHHOUSES (URBAN COUNCIL) BY-LAWS

Description






COMMERCIAL BATHHOUSES (URBAN COUNCIL) BY-LAWS

ARRANGEMENT OF BY-LAWS

By-law Page

1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 12
2. Application ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 12
3. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... 12
4. Prohibition of unlicensed bathhouses ... ... ... ... ... ... ... ... ... ... 12
5. Application for licence ... ... ... ... ... ... ... ... ... ... ... ... ... 12
6. Conditions for grant of licence ... ... ... ... ... ... ... ... ... ... ... 13
7. Restriction on alteration of licensed premises after grant of licence ... ... ... 13
8. Duties of licensees of bathhouses ... ... ... ... ... ... ... ... ... ... 14
9. Restriction on spitting ... ...---... ... ... ... ... ... ... ... ... ... 14
10. Bathhouses not to be used for dwelling purposes ... ... ... ... ... ... ... 14
11. Restriction on cooking in bathhouses ... ... ... ... ... ... ... ... ... ... 14
12. Closing hours ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 14
13. Privacy in bathrooms, etc . ... ... ... ... ... ... ... ... ... ... ... ... 14
14. [Cancelled] ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 15
15. Persons suffering from communicable diseases ... ... ... ... ... ... ... ... 15
16. Power of Council to close bathhouses ... ... ... ... ... ... ... ... ... 15
17. Fees ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 16
18. Bathhouses to be public places for the purpose of public decency ... ... ... ... 16
19. Offences and penalties ... ...---... ... ... ... ... ... ... ... ... ... 16
20. Name in which proceedings for offences may be brought ... ... ... ... ... 16





COMMERCIAL BATHHOUSES (URBAN COUNCIL)
BY-LAWS

(Cap. 132, section 35)

[3 March 1961.]

1. These by-laws may be cited as the Commercial Bathhouses
(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 requires

'bath' includes shower bath;

'bathhouse' means any premises maintained or intended to be
maintained for the use, on payment of a fee, of persons requiring a
bath, but does not include any swimming pool or any bathhouse
managed by the Council;

'bathroom' includes a room or compartment containing a shower;

'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 by-laws;

'Council' means the Urban Council.

(2) Whenever the Council declares any disease to be a
communicable disease for the purposes of these by-laws, a notification
of such declaration shall be published in the Gazette.

4. Save under and in accordance with a licence granted by the
Council, no person shall open or maintain a bathhouse.

5. (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
whole of the premises comprising the bathhouse.

(2) 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 one copy shall be returned to the applicant and the
remaining 2 copies shall be retained by the Council.





6. No such licence shall be granted unless the Council is satisfied
in relation to the premises in respect of which the application for such
licence was made that

(a)the plan referred to in by-law 5 has been approved by the
Council and the premises conform thereto;

(b)the means of ventilation provided, whether natural or
mechanical or partly natural and partly mechanical. are
sufficient in every part of the premises to safeguard the health
in that respect of all persons resorting to or working in the
premises;

(c)the means of lighting provided in every part of the premises is
adequate;

(d)the internal surface of every wall of each bathroom therein is
smooth and faced with impervious material to a height of not
less than 2 m from the floor;

(e)the floor of each such bathroom is smooth and surfaced with
impervious material, and is laid to such fall as will provide
effective and rapid drainage of all water falling thereon;

(f)the junctions between the walls and between the walls and
the floor of each such bathroom are coved;

(g)where the bathhouse receives persons of both sexes, bathing,
latrine and washbasin facilities are provided in separate
compartments for the use of persons of each sex, and no
direct access is available from a compartment provided for the
use of persons of one sex to a compartment provided for the
use of persons of the opposite sex;

(h)there is available within the bathhouse. for the use of persons
resorting thereto, not less than one watercloset and one
washbasin for every 10 baths therein, and. where the
bathhouse receives persons of both sexes, there is not less
than one watercloset and one washbasin for every 10 baths or
less provided for each sex;

(i)all baths, washbasins and other similar fittings have smooth
washable surfaces and are properly drained; and

(j)save as otherwise permitted in writing by the Council, all
water supplied for bathing or washing purposes is drawn from
Government mains.

7. 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 premises to which the licence relates

(a)any alteration or addition which would result in any deviation
from the plan thereof approved under by-law 5; or





(b)any alteration in respect of any matter specified in bylaw 6.

8. The licensee of every bathhouse shall-

(a)at all times, maintain all parts of the bathhouse and all fittings
and equipment therein in a clean and wholesome state and in
good repair;

(b)cause each bath to be thoroughly cleaned after each occasion
on which it has been used and before it is used again;

(e)where towels are provided for the use of persons resorting
thereto, cause each such person to be supplied with a clean
towel before bathing;

(d)cause any phlegm, spittle or saliva found on the floors, walls
or fittings of the bathhouse. or any part thereof, to be
removed without delay and the place whereon the same was
found to be cleaned with a disinfectant.. and

(e)cause all parts of the walls and ceilings of the bathhouse,
other than those faced with smooth impervious material, to be
limewashed in the months of January and July in each year.

9. (1) No person shall spit in any bathhouse, except into a spittoon
or other receptacle provided for the purpose.

(2) The licensee of every bathhouse shall provide at least one
spittoon in each room or compartment of the bathhouse, and shall cause
the same to contain 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 shall cause one or more notices, prohibiting spitting and
written in Chinese, to be continuously displayed in a conspicuous place
in every part of the bathhouse to which persons resorting thereto have
access.

10. No person shall use, or permit to be used, for dwelling
purposes any part of a bathhouse.

11. No person shall prepare or cook any food for human
consumption in any part of a bathhouse to which persons resorting
thereto have access.

12. No bathhouse shall be open to the public except between the
hours of 6 o'clock in the forenoon and midnight.

13. No person shall, in any bathhouse, enter or occupy any
bathroom or watercloset, or any dressing room designed or used for
private use, while the same is occupied by any other person:





Provided that the provisions of this by-law shall not apply to

(a)any attendant working in the bathhouse who enters any such
room at the request of the occupant thereof or in an
emergency; or

(b)any child under the age of 7 years who enters any such room
which is occupied by a relative or his nurse.

14. [Cancelled, L.N. 84/84]

15. (1) No person knowingly suffering from a communicable
disease shall enter or remain in any bathhouse:

Provided that a health officer may issue a certificate in writing to
any such person exempting him from the provisions of this paragraph in
any case in which such officer is satisfied that no danger to the public
health is involved.

(2) Any person employed or working in a bathhouse shall, if so
required in writing by a health officer, submit himself to medical
examination at such time and place as such health officer may direct and
if, after medical examination. a health officer is satisfied that such person
is suffering from any communicable disease or is likely to communicate
to any other person any communicable disease, such last mentioned
health officer may notify such person in writing to that effect, and such
person shall forthwith cease to work in the same or any other
bathhouse.

(3) A notice given under paragraph (2) shall continue in force until
cancelled by a further notice in writing by a health officer declaring such
first mentioned notice to be cancelled.

(4) No person shall cause, or suffer or permit, any person, other
than a person who has been duly exempted from the provisions of
paragraph (1), whom he knows or has reason to believe to be suffering
from any communicable disease to work in any bathhouse.

(5) No person shall cause, or suffer or permit, any person in
respect of whom he knows or has reason to believe that a notice given
under paragraph (2) is in force to work in any bathhouse.

(6) If it appears to the licensee of any bathhouse that any person
therein, other than a person who has been duly exempted from the
provisions of paragraph (1), is suffering from any communicable
disease, the licensee may direct such person to leave the bathhouse.

16. (1) For the purpose of protecting the public health, the Council
may, at any time, order that all bathhouses, or any specified bathhouse,
shall be closed to the public for such period as may, in the opinion of
the Council, be necessary.

(2) No person shall.. for the purpose of bathing therein, enter any
bathhouse in respect of which an order has been made under paragraph
(1).





(3) Every order made under paragraph (1) shall be published in the
Gazette.

17. (1) Every licence issued under these by-laws 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 $1,575


Provided that, where any such licence is issued after 30
September in any year.. the fee payable in respect of the grant of that
licence shall be one-half of the fee prescribed.

(3) Where the Council is satisfied that any such licence has been
lost or destroyed, the Council may upon payment of a fee of $60 issue a
duplicate thereof.

18. For the avoidance of doubt, it is hereby declared that every
part of a bathhouse shall, for the purpose of offences relating to public
decency, be deemed to be a public place.

19. (1) Any person who

(a) contravenes an of the provisions of by-law 4, 9(1), 10, 11,
any 13, 15(1), (4) or (5), or 16(2);

(b) being a person employed or working in a bathhouse-

(i) fails to submit himself to medical examination when
required to do so under the provisions of paragraph (2) of by-
law 15,. or

(ii) fails to cease to work in- any bathhouse when required
to do so by the provisions of that paragraph; or

(c)fails to comply with any direction given to him under the
provisions of by-law 15(6),

shall be guilty of an offence.

(2) In the event of any contravention of any of the provisions

of by-law 7, 8, 9(2) or (3) or 12, the licensee of the bathhouse shall be
guilty of an offence.

(3) Any person who is guilty of an offence under theby -laws
shall be liable on summary conviction to a fine of $500 and to
imprisonment for 1 month 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 cort that the offence has
continued.

20. 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 by-laws may be brought in the name of the Council.
G.N.A. 27/61. 21 of 1973. L.N. 275/75. L.N. 89/79. L.N. 70/80. L.N. 88/81. L.N. 104/83. L.N. 84/84. 10 of 1986. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. Prohibition of unlicensed bathhouses. Application for licence. Conditions for grant of licence. L.N. 89/79. Restriction on alteration of licensed premises after grant of licence. Duties of licensees of bathhouses. Restriction on spitting. Bathhouses not to be used for dwelling purposes. Restriction on cooking in bathhouses. Closing hours. Privacy in bathhouses, etc. Persons suffering from communicable diseases. Power of Council to close bathhouses. Fees. 21 of 1973, s. 20. L.N. 275/75. L.N. 70/80. L.N. 88/81. L.N. 104/83. L.N. 104/83. Bathhouses to be public places for the purpose of public decency. Offences and penalties. L.N. 84/84. Name in which proceedings for offences may be brought.

Abstract

G.N.A. 27/61. 21 of 1973. L.N. 275/75. L.N. 89/79. L.N. 70/80. L.N. 88/81. L.N. 104/83. L.N. 84/84. 10 of 1986. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. Prohibition of unlicensed bathhouses. Application for licence. Conditions for grant of licence. L.N. 89/79. Restriction on alteration of licensed premises after grant of licence. Duties of licensees of bathhouses. Restriction on spitting. Bathhouses not to be used for dwelling purposes. Restriction on cooking in bathhouses. Closing hours. Privacy in bathhouses, etc. Persons suffering from communicable diseases. Power of Council to close bathhouses. Fees. 21 of 1973, s. 20. L.N. 275/75. L.N. 70/80. L.N. 88/81. L.N. 104/83. L.N. 104/83. Bathhouses to be public places for the purpose of public decency. Offences and penalties. L.N. 84/84. Name in which proceedings for offences may be brought.

Identifier

https://oelawhk.lib.hku.hk/items/show/2570

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

6
]]>
Tue, 23 Aug 2011 18:08:42 +0800
<![CDATA[COLOURING MATTER IN FOOD REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2569

Title

COLOURING MATTER IN FOOD REGULATIONS

Description






COLOURING MATTER IN FOOD REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation Page

1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... H 2
2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... H 2
3. Restriction on use of colouring matter other than permitted colouring matter ........H 2
4. Prohibition on the use of colouring matter in the case of certain commodities .......H 2
5. Restriction on sale or advertisement of colouring matter other than permitted colouring
matter ... ... ... ... ... ... ... ... ... ... ... ... ... H 3
6. Offences and penalties... ... ... ... ... ... ... ... ... ... ... ... H 3
7. Name in which proceedings may be brought . ... ... ... ... ... ... H 3
First Schedule. Permitted colouring matter
Part I - Coal Tar Colours ........................ ... ... ... H 3

Part II - Other Colours ............. ... ... ... ... ... ... H 5

Second Schedule. Labelling of colouring matter and colouring and flavouring
compounds............................ ... ... ... ... ... ... H 5





COLOURING MATTER IN FOOD REGULATIONS

(Cap. 132, section 55)

[11 November 1960.]

1. These regulations may be cited as the Colouring Matter in
Food Regulations.

2. In these regulations, unless the context otherwise re-
quires-

'permitted colouring matter' means any colouring matter specified
in the First Schedule or any combination of more than one such
colouring matter;

'processed' includes curing by smoking and any treatment or
process resulting in a substantial change in the natural state of
any food, but does not include boning, paring, grinding,
cutting, cleaning or trimming, and the word 'unprocessed'
shall be construed accordingly;

'sell' includes expose or offer for sale or have in possession for sale,
and the word 'sale' shall be construed accordingly;

'vegetable' includes pulses.

3. No food intended for sale for human consumption shall
contain any added colouring matter which is not a permitted
colouring matter, and no person shall sell, consign or deliver, or
import into Hong Kong, any such food which does not comply with
the provisions of this regulation.

4. (1) No meat, game, poultry, fish, fruit or vegetable in a
raw and unprocessed state which is intended for sale for human
consumption shall have in or upon it, otherwise than for the purpose
of marking, any added colouring matter:

Provided that citrus fruit may have in or upon it added
permitted colouring matter if-

(a)the words 'colour added' are marked on the skin of such
fruit in permitted colouring matter; and

(b)such words are distinctly and legibly printed and of such
size as to be conspicuously visible.

(2) No person shall sell, consign or deliver, or import into
Hong Kong, any food referred to in paragraph (1) which does not
comply with the provisions of that paragraph.





5. (1) No person shall sell or advertise for sale any colouring matter
for use in food which is not a permitted colouring matter.

(2) In any proceedings for an offence against paragraph (1) 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, advertisements, he received
the advertisement for publication in the ordinary course of business.

(3) No person shall sell, consign or deliver for use in food any
colouring matter or any colouring and flavouring compound except in a
container bearing a label in accordance with the provisions of the
Second Schedule.

6. Any person who contravenes any of the provisions of regulation
3, 4 or 5(1) or (3) 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, where the offence is a continuing offence, to a fine of $50
for each day during which the offence continues.



7. 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 prosecutions 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; or

(b)where the offence was committed in the Regional Council area,
be brought in the name of the Regional Council.

FIRST SCHEDULE [reg. 2.]

Permitted colouring matter

PART I - COAL TAR COLOURS

Common Colour
Name Scientific Name Index
Colour Number
(1956)
Acid disodium salt of 2-amino-a5-(4-amino-3-sul- 42685
Fuchsine phophenyl)-ocs-(4-imino-3-sulpho-2, 5-cyclohexadien-
FB 1-ylidene)-3, 5-xylenesulphonic acid.

Allura Red disodium salt of 6-hydroxy-5-[(2-methoxy-5-methyl-4- -
AC sulphophenyl)-azol-2-naphthalene-sulphonic acid. ((1975)
16035)

Amaranth trisodium salt of 1-(4-sulpho-l-naphthylazo)-2-naphthol- 16185
3: 6-disulphonic acid.

Black PN tetrasodium salt of 8-acetamido-2-(7-sulpho-4-p-sulphop- 28440
(Brilliant henylazo- 1 -naphthylazo)- 1 -naphthol- 3: 5-disulphonic
BlackBN) acid.

Brilliant disodium salt of 4-{(4-(N-ethyl-p-sulphobenzylamino)- 42090
Blue FCF phenyl)-(2-sulphoniumphenyl)-methylene}-(1-(N-ethyl-
N-p-sulphobenzyl)-A2, 5-cyclohexadien-imine).

(Brilliant
Blue FD & C
No. 1)





Common Colour
Name of Scientific Name Index
Colour Number
(1956)
Brown FK a mixture consisting essentially of the disodium salt of -
1:3-diamino-4:6-di-(p-sulphophenylazo) benzene and
the sodium salt of 2:4-diamino-5-(p-sulphophenylazo)
toluene.
Carmoisine disodium salt of 2-(4-sulpho- 1 -naphthylazo)- 1 -naphthol- 14720
4-sulphonic acid.
Chocolate the product of coupling diazotised naphthionic acid with -
Brown a mixture (Colour Index No. 1232) of morin and
FB maclurin.
Chocolate disodium salt of 2:4-dihydroxy-3:5-di-(4-sulpho- 1 -nap- 20285
Brown hthylazo) benzyl alcohol.
BT
Chrysoine sodium salt of p-[(2, 4-dihydroxyphenyl)-azo] benzene- 14270
sulphonic acid.
Congo Red disodium salt of 3, Y-[4, 4'-biphenylylene-bis(azo)] bis 22120
[4-amino- I -naphthalene-sulphonic acid].
Eosine sodium salt of 1, 4', 5', 7',-tetrabrom'fluorescein. 45380
Erythrosine disodium or dipotassium salt of 2:4:5:7-tetra-iodo-
45430
(BS) fluorescein.
Fast Red E disodium salt of 1-(4-sulpho- 1 -naphthylazo)-2-naphtbol- 16045
6-sulphonic acid.
Fast Yellow disodium salt of 6-amino-3, 4'-azodibenzene-sulphonic
13015
AB acid.
Green S sodium salt of di-(p-dimethylaminophenyl)-2-hydroxy- 44090
3:6-disulphonaphthylmethanol andydride.
Helio Red 1-[(2-nitro-p-tolyl)azo]-2-naphthol. 12120
RL
Indanthrene 6, 15-dihydro-5, 9, 14, 18-anthrazinetetrone.
69800
Blue RS
Indigotine disodium salt of indigotin-5:5'-disulphonic acid. 73015
(Indigo
Carmine)
Lithol disodium salt of 3-hydroxy-4-[(2-sulpho-p-tolyl)azol-2- 15850
Rubine naphthoic acid.
BK
Metanil sodium salt of m-[(p-anilinophenyl)azol benzene-sul- 13065
Yellow phonic acid.
Methyl a mixture of the hydrochlorides of the more highly
42535
Violet methylated pararosanilines.
Nahthol disodium salt of 4-amino-5-hydroxy-3-[(p-nitro-phenyl) 20470
Blue Black azol-6-(phenylazo)-2, 7-naphthalene disulphonic acid.
Oil Yellow a mixture of 4-phenylazoresoreinol and 4:6-di (phenylazo) 11920
CG resorcinol.
Oil Yellow 3-methyl- 1 -phenyl-4-(2:4-xylylazo)-5-pyrazolone. 12740
XP
OrangcII sodium salt of p-[(2-hydroxy-l-naphthyl)-azol benzene- 15510
sulphonic acid.
Orange G disodium salt of 1-phenylazo-2-naphthol-6:8-disulphonic 16230
acid.
Orange disodium salt of 6-hydroxy-5-[(m-sulphophenyl)azo]-2- 15980
GGN naphthalene sulphonic acid.




Colour
Common
Nameof Scientific Name
Index
Colour
Number

(1956)
Patent calcium salt of (4-
[a-(p-(diethylamino) phenyl)-5-hydroxy- 42051
Blue V 2, 4-
disulphobenzylidenel-2, 5-cyclohexadien- 1 -ylidene)
diethyl-
ammonium hydroxide inner salt.
Ponceau trisodium salt of
1-(4-sulpho- I -naphthylazo)-2-naphthol- 16255
4R 6:8-disulphonic
acid.
Ponceau 6R 7-hydroxy-S-[(4-
sulpho- I -naphthyl)azol-1, 3, 6-naphtha- 16290
lene-trisulphonic
acid.
Quinoline disodium salt of
disulphonic acid of 2-(2 quinolyl)-1, 3- 47005
Yellow indandione.
Red F11 disodium salt of 2-
[4-(1 -hydroxy-4-sulpho-2- 14780
naphthylazo)-3-
sulphophenyll~6-methylberizo-thia-zole.
Red 6B disodium salt of 8-
acetamido-2-p-acetamido-phenylazo-...18055
I -naphthol- 3:6-
disulphonic acid.
Red IOB disodium salt of 8-
amino-2-phenylazo-l-naphthol-3:6-....17200
disulphonic acid.
Red 2G disodium salt of 8-
acetamido-2-phenylazo- 1 -naphthol-..18050
16-disulphonic
acid.
Sudan 111 1-{[p-
(phenylazo) phenyl]-azo}-2-naphthol..26100
Sunset disodium salt of 1-
p-sulphophenylazo-2-naphthol-6- 15985
Yellow sulphonic acid.
FCF
Tartrazine trisodium salt of
5-hydroxy-l-p-sulphophenyl-4-p- 19140
sulphophenylazo-
pyrazole-3-carboxylic acid.

Violet BNP sodium salt of 4:4'-di(dimethylamino)-4'-di-(p-sulpho- -

benzylamino) triphenylmethanol anhydride.

Water sodium salts of triphenylpararosanilinesulphonic acid 42755
Blue 1 and diphenylrosanilinesulphonic acid.

Yellow 2G disodium salt of 1-(2:5-dichloro-4-sulphophenyl)-5- 18965
hydroxy-3-methyl-4-p-sulphophenylazopyrazole.

PART II-OMER COLOURS

1 . Caramel and the colour obtained from cochineal.

2. The following colouring matters of vegetable origin-any colouring matter natural to edible






fruits or vegetables and alkannet, annatto, carotene, chlorophyll, flavine, indigo, orchil, osage
orange, persian berry, safflower, saffron, sandalwood,

turmeric, gardenia augusta, or their pure colouring principles whether isolated from such natural
colours or produced synthetically.

3. Bole or iron oxide, carbon black, titanium dioxide, ultramarine and, solely for the external
colouring of dragees and the decoration of sugar-coated flour confectionery, silver or aluminium in
leaf or powder form.

4. The aluminium or calcium salts (lakes) of any of the scheduled watersoluble colours.

SECOND SCHEDULE [reg. 5(3).]

Labelling ofcolouring mafter and colouring andflavouring compounds

1 . Each container to which regulation 5(3) relates shall bear a label on which is printed in
English lettering and Chinese characters a true statement in the form of one of the following
declarations

In the case of colouring matter

THIS FOOD COLOUR CONFORMS TO THE
LEGAL REQUIREMENTS OF HONG KONG






In the case of colouring and flavouring compounds

THE FOOD COLOUR IN THIS
COMPOUND CONFORMS TO THE
LEGAL REQUIREMENTS OF
HONG KONG



Provided that it shall be sufficient if the labels on containers of quantities of
less than 100 g or 100 mi, as the case may be, bear distinctly and legibly printed
thereon in English lettering and Chinese characters the declaration 'FOOD
COLOUR or 'FOOD COLOUR AND FLAVOURING COMPOUND', as the
case may be, or a declaration to the like effect

2. The declaration shall in each case be distinctly and legibly printed in dark
block type upon a light coloured ground and, except in the case of a declaration in
accordance with the proviso to the preceding paragraph, shall be so printed within
a surrounding line, and no other matter shall be printed within such surrounding
line. The type used for containers of quantities of more than 1 kg or 11, as the
case may be shall be not less than 5 mm in height, and the type used for containers
of quantities of less than 1 kg or 11, as the case may be, but more than 100 g or 100
m/, as the case may be, shall be not less than 3 mm in height.

3. The label shall be securely affixed to or be part of the wrapper or container,
and in every case shall be so placed as to be clearly visible and shall either be part of
any main label or a separate label placed in close proximity thereto.
G.N.A. 72/60. L.N. 107/65. L.N. 146/70. L.N. 102/76. L.N. 89/79. L.N. 376/82. L.N. 67/85. 10 of 1986. G.N.A. 132/60. Citation. Interpretation. First Schedule. Restriction on use of colouring matter other than permitted colouring matter. 10 of 1986, s. 32(2). Prohibition on the use of colouring matter in the case of certain commodities. 10 of 1986, s. 32(2). Restriction on sale or advertisement of colouring matter other than permitted colouring matter. Second Schedule. Offences and penalties. Name in which proceedings may be brought. L.N. 107/65. L.N. 67/85. 10 of 1986, s. 32(2). L.N. 146/70. L.N. 102/76. L.N. 376/82. L.N. 89/79.

Abstract

G.N.A. 72/60. L.N. 107/65. L.N. 146/70. L.N. 102/76. L.N. 89/79. L.N. 376/82. L.N. 67/85. 10 of 1986. G.N.A. 132/60. Citation. Interpretation. First Schedule. Restriction on use of colouring matter other than permitted colouring matter. 10 of 1986, s. 32(2). Prohibition on the use of colouring matter in the case of certain commodities. 10 of 1986, s. 32(2). Restriction on sale or advertisement of colouring matter other than permitted colouring matter. Second Schedule. Offences and penalties. Name in which proceedings may be brought. L.N. 107/65. L.N. 67/85. 10 of 1986, s. 32(2). L.N. 146/70. L.N. 102/76. L.N. 376/82. L.N. 89/79.

Identifier

https://oelawhk.lib.hku.hk/items/show/2569

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

6
]]>
Tue, 23 Aug 2011 18:08:42 +0800
<![CDATA[CIVIC CENTRES (URBAN COUNCIL) BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/2568

Title

CIVIC CENTRES (URBAN COUNCIL) BY-LAWS

Description






CIVIC CENTRES (URBAN COUNCIL) BY-LAWS

ARRANGEMENT OF BY-LAWS
By-law Page

1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... G 2
2. Application ... ... ... ... ... ... ... ...---... ... ... ... ... ... G 2
3. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... .. G 2
4. Management ... ... ... ... ... ... ... ...---... ... ... ... ... ... G 2
5. Entry to civic centres by public ... ... ... ... ... ... ... ... ... ... ... G 2
6. Right of entry by manager or staff to civic centres when hired ... .. . .. ... G 2
7. Animals ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... G 2
8. Smoking or use of naked light ... ... ... ... ... ... ... ... ... ... ... G 2
9. Consumption of food or drink ... ... ... ... ... ... ... ... ... G 2
10. Erection of structures and trading ... ... ... ... ... ... ... ... ... ... G 3
11. Power to direct persons in certain cases to leave a civic centre ... ... .. ... G 3
12. Obstruction of manager, staff or other persons ... ... ... ... ... . ... ... G 3
13. Application for exclusive use of civic centre, etc . ... ... ... ... .... .. G 4
14. Closure of civic centres ... ... ... ... ... ... ... ... ... ... ... ... ... G 4
15. Offences and penalties ... ... ... ... ... ... ... ... ... ... ... ... ... G 4
16. Name in which proceedings for offences may be brought ... ..... ... ... G 4





CIVIC CENTRES (URBAN COUNCIL) BY-LAWS

(Cap. 132, section 105O)

[21 March 1980.]

1. These by-laws may be cited as the Civic Centres (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;

'Director' means the Director of Urban Services;

'manager' means any person appointed by the Director to manage
or assist in the management of a civic centre;

'member of the staff' means any person appointed by the Director
to assist a manager.

4. Subject to the directions of the Council, a manager shall
administer a civic centre.

5. Except with the consent of a manager, no person, other
than a member of the staff, shall enter or remain in a civic centre or
any part thereof---

(a)the exclusive use of which has been granted under section
105Q of the Ordinance to any person, except in further-
ance of a purpose for which such grant is made; or

(b)during any period when the civic centre or any part thereof
is closed to the public.

6. 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 civic
centre the exclusive use of which is granted under section 105Q of the
Ordinance.

7. Except with the permission of a manager, no person shall
introduce any animal, bird or fish into a civic centre.

8. Except with the consent of a manager, no person shall
smoke or make use of any naked light in any part of a civic centre in
which smoking or the use of naked lights is prohibited.

9. Except with the consent of a manager, no person shall take
into a civic centre, or be in possession of within a civic centre, any
container of food or drink; or take or consume any food or drink
within a civic centre otherwise than in any part thereof set apart for
such purpose.





10.(1) No person shall, in a civic centre-

(a)erect any post, rail, fence, pole, tent, booth. stand, building
or other structure, or bring or allow to remain any materi-
als 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 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 civic centre 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
civic centre 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.

11. (1) A manager, or any member of the staff authorized by
him in that behalf, may direct any person forthwith to leave a civic
centre or any part thereof---

(a)whom he has reason to believe has committed or is about
to commit any offence punishable under these by-laws;

(b)who, in his opinion, is indecently or insufficiently dressed;
or

(c)who refuses to obey any reasonable order given him in
furtherance of the proper management of a civic centre.

(2) Any person who fails to leave a civic centre when so
directed by a manager or such member of the staff pursuant to
paragraph (1) commits an offence and may, in addition to any
penalty to which he may become liable, forthwith be removed from a
civic centre or any part thereof at the discretion of a manager or such
member of the staff.

12. 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 civic centre or of any of the facilities provided therein.





13. An application for a grant of the exclusive use of a
civic centre or any part thereof shall be submitted to a manager
specifying-

(a)the period or periods and the purpose for which such use is
required; and

(b)whether admission by the public to the civic centre or part
thereof is to be with or without payment, and the particu-
lars of the charges if admission is to be with payment.

14. Notwithstanding the grant of the exclusive use of a civic
centre or any part thereof under section 105Q of the Ordinance, the
Council may direct that a civic centre or any part thereof shall be
closed for all or any purposes and such direction may be given at any
time and without notice.

15.Any person who-

(a)contravenes by-law 5, 7, 8, 9, 10 or 12 commits an offence
and is liable to a fine of $500 and to imprisonment for 1
month;

(b)commits an offence under by-law 11 is liable to a fine of
$500 and to imprisonment for 1 month.

16. 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, a prosecution for any offence under
these by-laws may be brought in the name of the Council.
L.N. 69/80. L.N. 294/81. L.N. 226/82. 10 of 1986. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. Management. Entry to civic centres by public. Right of entry by manager or staff to civic centres when hired. Animals. Smoking or use of naked light. Consumption of food and drink. L.N. 294/81. Erection of structures and trading. L.N. 294/81. L.N. 294/81. L.N. 226/82. Power to direct persons in certain cases to leave a civic centres. Obstruction of manager, staff or other persons. Application for exclusive use of civic centers, etc. Closure of civic centres. Offences and penalties. Name in which proceedings for offences may be brought.

Abstract

L.N. 69/80. L.N. 294/81. L.N. 226/82. 10 of 1986. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. Management. Entry to civic centres by public. Right of entry by manager or staff to civic centres when hired. Animals. Smoking or use of naked light. Consumption of food and drink. L.N. 294/81. Erection of structures and trading. L.N. 294/81. L.N. 294/81. L.N. 226/82. Power to direct persons in certain cases to leave a civic centres. Obstruction of manager, staff or other persons. Application for exclusive use of civic centers, etc. Closure of civic centres. Offences and penalties. Name in which proceedings for offences may be brought.

Identifier

https://oelawhk.lib.hku.hk/items/show/2568

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

4
]]>
Tue, 23 Aug 2011 18:08:41 +0800
<![CDATA[CIVIC CENTRES (REGIONAL COUNCIL) BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/2567

Title

CIVIC CENTRES (REGIONAL COUNCIL) BY-LAWS

Description






CIVIC CENTRES (REGIONAL COUNCIL) BY-LAWS

ARRANGEMENT OF BY-LAWS

By-law Page
1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. F 2
2. Application ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... F 2
3. Interpretation ... ... ... ... ... ... ... ... ... .. ... ... ... ... F 2
4. Management ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... F 2
5. Entry to civic centres by public ... ... ... ... ... ... ... ... ... ... ... F 2
6. Right of entry by manager or staff to civic centres when hired ... ... ... ... F 2
7. Animals ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... F 2
8. Smoking or use of naked light ... ... ... ... ... ...---... ... ... ... F 2
9. Consumption of food or drink ... ... ... ... ... ... ... ... ... ... ... F 2
10. Erection of structures and trading ... ... ... ... ... ... ... ... ... ... F 3
11. Power to direct persons in certain cases to leave a civic centre ... ... ... ... F 3
12. Obstruction of manager, staff or other persons ... ... ... ... ... ... ... ... F 3
13. Application for exclusive use of civic centres ... ... ... ... ... ... ... ... F 4
14. Closure of civic centres ... ... ... ... ... ... ... ... ... ... ... ... ... F 4
15. Offences and penalties ... ... ... ... ... ... ... ... ... ... ... ... ... F 4
16. Name in which proceedings for offences may be brought ... ... ... ... ... F 4





CIVIC CENTRES (REGIONAL COUNCIL) BY-LAWS

(Cap. 132, section 105O)

[1 February 1980.]

1. These by-laws may be cited as the Civic Centres (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 civic centre;

'member of the staff ' means any person appointed by the Director of
Regional Services to assist a manager.

4. Subject to the directions of the Council, a manager shall
administer a civic centre.

5. Except with the consent of a manager, no person, other than a
member of the staff, shall enter or remain in a civic centre or any part
thereof--

(a)the exclusive use of which has been granted under section
105Q 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 civic centre or any part thereof is
closed to the public.

6. 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 civic centre the
exclusive use of which is granted under section 105Q of the Ordinance.

7. Except with the permission of a manager, no person shall
introduce any animal, bird or fish into a civic centre.

8. Except with the consent of a manager, no person shall smoke or
make use of any naked light in any part of a civic centre in which
smoking or the use of naked lights is prohibited.

9. Except with the consent of a manager, no person shall take into a
civic centre, or be in possession of within a civic centre, any container
of food or drink, or take or consume any food or drink within a civic
centre otherwise than in any part thereof set apart for such purpose.





10. (1) No person shall, in a civic centre-

(a)erect any post, rail, fence, pole, tent, booth, stand, building
or other structure, or bring or allow to remain any materi-
als 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 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 civic centre 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
civic centre 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.

11. (1) A manager, or any member of the staff authorized by
him in that behalf, may direct any person forthwith to leave a civic
centre or any part thereof---

(a)whom he has reason to believe has committed or is about
to commit any offence punishable under these by-laws;

(b)who, in his opinion, is indecently or insufficiently dressed;
or

(c)who refuses to obey any reasonable order given him in
furtherance of the proper management of a civic centre.

(2) Any person who fails to leave a civic centre when so
directed by a manager or such member of the staff pursuant to
paragraph (1) commits an offence and may, in addition to any
penalty to which he may become liable, forthwith be removed from a
civic centre or any part thereof at the discretion of a manager or such
member of the staff.

12. 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 civic centre or of any of the facilities provided therein.





13. An application for a grant of the exclusive use of a civic centre
or any part thereof shall be submitted to a manager specifying-

(a)the period or periods and the purpose for which such use is
required; and

(b)whether admission by the public to the civic centre or part
thereof is to be with or without payment, and the particulars of
the charges if admission is to be with payment.

14. Notwithstanding the grant of the exclusive use of a civic centre
or any part thereof under section 105Q of the Ordinance, the Council
may direct that a civic centre or any part thereof shall be closed for all or
any purposes and such direction may be given at any time and without
notice.

15. Any person who-

(a)contravenes by-law 5, 7, 8, 9, 10 or 12 commits an
offence and is liable to a fine of $500 and to
imprisonment for 1 month;

(b)commit an offence under by-law 11 is liable to a fine of
$500 and to imprisonment for 1 month.

16. 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, a prosecution for any offence under these by-laws may
be brought in the name of the Council.
L.N. 22/80. L.N. 259/81. 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). Management. 10 of 1986, s. 32(2). Entry to civic centres by public. Right of entry by manager or staff to civic centres when hired. Animals. Smoking or use of naked light. Consumption of food or drink. L.N. 259/81. Erection of structures and trading. 10 of 1986, s. 32(2). L.N. 259/81. L.N. 259/81. Power to direct persons in certain cases to leave a civic centres. 10 of 1986, s. 32(2). Obstruction of manager, staff or other persons. Application for exclusive use of civic centres. Closure of civic centres. 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. 22/80. L.N. 259/81. 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). Management. 10 of 1986, s. 32(2). Entry to civic centres by public. Right of entry by manager or staff to civic centres when hired. Animals. Smoking or use of naked light. Consumption of food or drink. L.N. 259/81. Erection of structures and trading. 10 of 1986, s. 32(2). L.N. 259/81. L.N. 259/81. Power to direct persons in certain cases to leave a civic centres. 10 of 1986, s. 32(2). Obstruction of manager, staff or other persons. Application for exclusive use of civic centres. Closure of civic centres. 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/2567

Edition

1964

Volume

v10

Subsequent Cap No.

132

Number of Pages

4
]]>
Tue, 23 Aug 2011 18:08:40 +0800