Description
LAWS OF HONG KONG
PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE
CHAPTER 132
CHAPTER 132
PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE
ARRANGEMENT OF SECTIONS
Section................................... Page
PART I
PRELIMINARY
1. Short title ...................................... 9
2. Interpretation 9
3. Designation of Authorities 16
PARTII
SEWERS AND DRAINS
4. Construction and maintenance of public sewers and drains .................... 17
5. Cleansing of public sewers 17
6. Protection of public sewers and drains ..................................... 17
7. Prevention of obstruction of sewers and drains by soil or waste 18
8. Saving in relation to certain Ordinances .................... 18
9. Punishment of persons interfering with public sewers or drains 18
10. Notice of existence of disused drains .....................................18
11. Regulations for the protection of sewers and drains and prevention of nuisance
therefrom ........................19
PART 111
GENERAL SANITATION AND CLEANLINESS
General
12.Nuisances which may be dealt with summarily 19
13.Cleansing and covering of offensive ditches, drains, etc. 20
14.Power to require limewashing, etc. of premises 21
15.Regulations as to cleansing and prevention of nuisances 21
16-19.(Repealed) 22
20.Removal of litter or waste and cleaning of area ... 22
21.(Repealed) 23
22.Prevention of obstructions to scavenging or conservancy operations 23
22A.Prevention of accumulation of litter or waste on canopies 24
23.Powers of arrest in certain cases ......... . 25
23A.Notification of convictions in newspaper 26
Wells and well water and waste water
24. Power to close, etc. polluted wells, etc . 26
25. Protection of fountains, wells and pumps 27
Section...................................... Page
26. Regulations relating to the use of water from springs, wells, etc . 27
27. Control of water likely to contain larvae or pupae of mosquitoes 27
28. Regulations for prevention of mosquitoes 29
Sanitary conveniences
29.Regulations as to latrine accommodation 29
30.Obligation to provide latrines 29
31.Prevention of nuisances from latrines and sanitary conveniences 30
32.Removal or alteration of sanitary conveniences 30
33.Examination of sanitary conveniences by Authority 31
34.Sanitary conveniences used in common 31
Public latrines, bathhouses, washhouses, laundries and labourers' lines
35.Regulations as to public latrines, bathhouses and washhouses 32
36.Provision and maintenance ofpublic latrines, bathhouses and washhouses 32
37.Power to remove members of the public from public bathhouses and washhouses ..........33
38.Power to refuse admittance to certain members of the public to public
bathhouses and washhouses ..............33
39.Appeals against action taken under section 37 or 38 33
40.Regulations relating to laundries and dry cleaning establishments 33
41.Regulations relating to labourers' lines 34
Swimming pools
42.Regulations relating to swimming pools 34
42A.Public swimming pools 34
42B.Management of public swimming pools 35
43.Rules relating to public swimming pools 35
44.Use of public swimming pools for swimming contests, etc., or by schools or
clubs ..................................35
45.Public swimming pools to be public places for certain purposes 35
Verminous articles and premises
46.Cleansing and destruction of filthy or verminous articles 35
47.Cleansing of verminous premises 36
PART IV
OFFENSIVE TRADES
48.Declaration of offensive trades 37
49.Regulations relating to offensive trades 37
Section Page
PART V
FOOD AND DRUGS
50.Offences in connection with preparation and sale of adulterated food or drugs 38
51.Adulteration, etc. of milk .................................... 38
51A.Adulteration of meat 39
52. General protection for purchasers of food and drugs ........................40
53.Defences available in proceedings under section 52 40
54. Offences in connection with the sale. etc. of unfit food or drugs ........ 41
55. Regulations as to composition of food and drugs, etc . ............... 41
56. Regulations as to food and drugs hygiene ..............................42
57. Live poultry, five reptiles and live fish deemed food for purposes of regulations 44
58. Power to call for information as to composition of substances used in the
preparation of food or drugs .........44
59. Examination and seizure and marking or destruction of food or drugs .... 45
60. Food or drugs offered as prizes, etc . 47
61. False labelling and advertisement of food or drugs 47
62. Power to take samples ............................................... 48
63. Provisions as to the taking of samples for analysis 49
64. Certificate of analysis ................... 50
65. Evidence of analysis ......................................50
66. Proceedings in respect of articles or substances sampled ..........51
67. Presumptions.......................................... 51
68.Power to examine food and drugs in course of transit, etc . 52
69.Restriction on movement of imported food or drugs 52
70. Contraventions due to some other person .............................52
71. Conditions under which warranty may be pleaded as defence ............... 53
72.Offences in relation to warranties or certificates of analysis .. 54
73. Sale, etc. by servants or agents ................. .... ...... 54
74.Recovery of expenses incidental to taking of samples ..... 55
75.Notification of convictions in newspapers 55
76. Protection of informers .................. 55
76A.Public slaughterhouses ............................. 55
76B.Management of public slaughterhouses ............................................ 56
77. Regulations as to slaughtering and slaughterhouses 56
78. Power to seize and dispose of unfit carcasses of slaughtered animals ............ 57
PART VI
MARKETS AND HAWKERS
Markets
79. Markets to which Ordinance applies, etc . ....................58
79A.Management of public markets 58
Section.................................... Page
80. Regulations in relation to markets ..58
81. Market rules ........................59
82. Seizure and forfeiture of articles, etc. in markets 59
Hawkers
83. Interpretation for the purposes of sections 83A to 86D 60
83A.Regulations relating to hawkers 60
83B.Commissioner for Transport may set aside streets for hawking purposes 61
84. Power of authorized public officers to arrest in certain cases 62
85. Procedure for dealing with arrested person, etc . 62
86. Seizure of hawker equipment and commodities from alleged offenders 63
86A.Forfeiture of hawker equipment and commodities by the court 63
86B.Seizure of abandoned hawker equipment and commodities 64
86C.Application to court for return of seized hawker equipment or commodities 65
86D.Forfeiture by operation of law 65
PART VII
TENEMENTS, HOTELS AND BOARDING HOUSES
87. Abatement of overcrowding ...........66
88. Regulations in relation to overcrowding 66
89. Removal of obstructions to fight, ventilation or dwelling space 67
90. Regulations in relation to boarding houses 67
91. Power of entry to boarding houses ...68
92. Forfeiture of bonds 68
PART VIIA
LICENSING OF CERTAIN ACTIVITIES
92A. Prohibition of certain activities without licence 68
92B. Regulations relating to licensed activities 69
92C. Offences ............................69
92D. Liability of agents and servants ....69
92E. Saving ..............................70
PART VIII
VENTILATION OF CERTAIN PREMISES
93.Power of Authority to require provision of ventilating system in scheduled premises .....70
94. Certificate to be delivered to Authority in respect of new ventilating systems,
and prohibition of alteration of ventilating system without permission 71
94A.Regulations relating to ventilating systems in scheduled premises 72
95-99.(Repealed) 72
100.Power of authorized officers to carry out tests 72
Section Page
101. Application of Part VIII to premises provided with ventilating systems at
commencement of Ordinance, etc . .................... 72
102. Amendment of Second Schedule 73
103. Saving in relation to Buildings Ordinance . ----- 73
PART IX
ADVERTISEMENTS, DECORATIONS AND SIGNS
104. Regulations for control of advertisements 73
104A. Prohibition on display of bills or posters without permission 74
104B. Duty to maintain bill or poster in clean and tidy condition 74
104C. Power to remove bills and posters 74
104D. Certain persons also deemed to display bills or posters - 75
104E. Definitions and saying for other enactments .......................... 75
105. Provisions as to dangerous advertisement hoardings......................76
PART IXA
STADIA
105A.Provision for stadia ........................................77
105B.Management of stadia .......................................77
105C.Allocation and granting of stadium or parts thereof -- 78
105D.Regulations relating to stadia 78
105E.Powers of Authority in relation to fees, conditions for the use of stadia, etc . 78
105F.Function of Director of Urban Services and Director of Regional Services 79
PART IXB
MUSEUMS, LIBRARIES AND CIVIC CENTRES
Museums
105G.Provision for museums ................ 79
105H.Management of museums 79
105I.Regulations relating to museums........................................................... 80
105J.Powers of Authority to fix fees 81
Libraries
105K.Provision for and management of libraries 81
105L.Regulations relating to libraries 81
Civic Centres
105M.Provision for civic centres 83
105N.Management of civic centres 83
1050.Regulations relating to civic centres ---- 83
Section.................................... Page
105P..............Powers of Authority to fix fees for civic centres 84
105Q....................Grant of use of civic centres ............. 84
105R....................Public meetings
....................................................... 84
105S..........................Consent of Chief Secretary 84
105T.........Prevention of unauthorized public meetings in civic centres 85
PART X
PUBLIC PLEASURE
GROUNDS
106.....................Provision of public pleasure grounds ....................................... 85
107...............Management and control of public pleasure grounds 86
108................................Temporary closure of public pleasure grounds, etc . ................. 86
109................Regulations relating to public pleasure grounds 86
110.......................Public pleasure ground rules
................................................ 87
ill.......................Appointment and powers of keepers 87
PART XA
STREET NAMES
IIIA.........................Interpretation of this Part 87
111B.......................Proposal of private street name 88
111C..........................Declaration of street name 88
HID...........................Penalty for marking or displaying other street name ....................................
89
PART XI
DISPOSAL OF THE
DEAD
General
112........Restriction upon the keeping of dead bodies in domestic premises 89
112A..........Authority may order human remains to be buried or cremated 89
Cemeteries
113.........................Public and private cemeteries 90
114......................Plans and demarcation of cemeteries 90
115. General management and closure of public cemeteries and Commonwealth
War Graves Commission Cemeteries ....91
116............................Regulations relating to cemeteries ...............................
91
117. Public cemetery and Commonwealth War Graves Commission Cemetery rules 92
118. Prohibition of unauthorized burials and exhumations 92
119. Power of Governor in Council to direct removal and disposal of human
remains ..............................93
119A......Power of Authority to direct removal and disposal of human remains 93
120........................Removal of coffins, etc . ....................................... 94
121............................Disposal of exhumed bodies ............... ............
-- 94
122........................Defrayal of expenses of reburial, etc . .................................. 94
Section.................................... Page
Mortuaries
123.....................Regulations in relation to mortuaries 94
123A.............................Public funeral halls 95
123B......................Management of public funeral halls 95
123C....................Regulations as to public funeral halls 95
124.....................................Right of Authority to dispose of unclaimed dead bodies - 95
Cremation and crematoria
124A....................................Government and private crematoria
........................................96
124B....................................Management of Government crematoria and Gardens of Remembrance - 96
124C............................Use of crematoria .................. -
96
124D. Provision for hearing objections where application for crematorium in certain
locations .......................
..................................................... 97
124E............................Regulations relating to cremation and crematoria .................. 97
124F......Offences ................................................................................ 98
124G............................Fees and charges to be part of funeral expenses ............ - 98
124H.....................Saying for coroner ................................................ 98
PART XII
MISCELLANEOUS
125.General provisions as to licences, etc . 98
126................General powers of entry .................. ..................
....................................101
127. Provisions for securing abatement of nuisances which may be dealt with
summarily ..............................................
.................................................... 102
128....Power to close premises used in contravention of provisions of Ordinance 105
129...........................Authority may render services, etc., on request ..................................
108
130. Recovery of cost of works done or services rendered by public officers or public
bodies ................................................ -
108
131................Name in which certain proceedings may he brought 110
132...............................Institution and conduct of certain proceedings .....................
111
133. Disposal of property coming into possession of certain public officers and
public bodies ........................111
134...............................Service of notices ill
135...............................Authentication and production in evidence of documents .....................
ill
136...............................Presumption as to employment of servants .....................
112
137................Offences by corporations ..................
..................................................... 112
137A.....Application of Summary Offences Ordinance and Public Order Ordinance 112
138..............Protection for public servants acting in good faith 112
139...........................Obstruction of officers in the exercise of their duty ............................... -
112
140.................................Onus of proving vaccination or inoculation ................ 112
141......................Proceedings against several persons 113
142.....................................Delegation of powers - 113
143.....................................General powers relating to regulations
.............................................. 113
Section................................... Page
144. Use of premises by the Government ...113
144A......................................Restriction on certain powers 114
145......Fees ............................ 114
146. Governor in Council empowered in any appeal to state case for opinion of
Court of Appeal on question of law ...114
147.......................................Forms 115
148.......................................Transitional provisions with respect to offences and certain notices 115
149.......................................Saying of certain regulations 115
150.......................................Penalties 116
151.......................................Penalty for contravention of certain by-laws 116
152.......................................Consequential and other amendments 116
153.......................................Transitional provisions concerning agreements 116
First Schedule...........................Scheduled offences 117
Second Schedule..........................Scheduled premises 117
Third Schedule...........................Designated Authorities 117
Fourth Schedule..........................Public pleasure grounds 121
Fifth Schedule...........................Cemeteries, crematoria and gardens of remembrance 136
Sixth Schedule...........................Name in which proceedings for offences may be brought 138
Seventh Schedule.........................Forms 140
Eighth Schedule..........................Regulations continued in operation 149
Ninth Schedule...........................Penalties 149
Tenth Schedule...........................Public markets in Hong Kong, Kowloon, etc . 151
Eleventh Schedule........................Licensed activities 154
Twelfth Schedule.........................Stadia 154
Thirteenth Schedule.........Civic centres ....154
Fourteenth Schedule......................Public swimming pools 154
Fifteenth Schedule.......................Substitution of titles of subsidiary legislation 155
CHAPTER 132
PUBLIC HEALTH AND MUNICIPAL SERVICES
To make provision for public health and municipal services.
(Amended 10 of 1986 s. 2)
[11 November 19601 G.N.A. 132160
Originally 30 of 1960,15 of 1935- 42 of 1961,32 of 1963,57 of 1967,17 of 1968,48 of 1969,59 of
1970, 16 of 1971, 24 of 1971, 71 of 1971, 43 of 1972, 46 of 1972, 49 of 1972, 60 of 1972, 21
of
1973, 28 of 1973, 58 of 1973, 61 of 1974, 92 of 1975, 9 of 1976, 29 of 1976, 61 of 1976, 69
of
1976,70 of 1977,3 of 1978,57 of 1978,50 of 1979,77of 1979,7 of 1980,8 of 1980,40 of 1980,
45 of 1981,72 of 1981, 20 of 1982,66 of 1982,70 of 1982, 73 of 1982,17 of 1983,5 of 1985,50 of
1985, 68 of 1985, 69 of 1985, 10 of 1986, 62 of 1986, R. Ed. 1986, 26 of 1986, 3 of 1987, 37
of
1987, L.N. 419/87, 76 of 1988
PART 1
PRELIMINARY
Short title
1. This Ordinance may be cited as the Public Health and Municipal
Services Ordinance.
(Amended 10 of 1986 s. 3)
Interpretation
2. (1) In this Ordinance, unless the context otherwise requires-
'advertisement' includes any structure or apparatus erected, used, or intended . to
be used, solely for the display of advertisements;
'analysis' includes micro-biological assay but no other form of biological
assay, and 'analyse' shall be construed accordingly;
'animal' includes reptiles, but does not include birds or fish;
'Authority' means the public officer or public body designated to be the
Authority by the provisions of section 3;
'bath' includes shower bath and turkish bath;
'billiard establishment'
'boarding house' includes hotels and common lodging houses;
'book' includes a document, periodical, magazine, newspaper, pamphlet,
music-score, picture, print, engraving, etching, deed, photograph, map,
chart, plan or manuscript, and any other article or thing of a like
nature provided for the use of the public in any library; (Replaced 50 of
1979s.2)
'canopy' means any shade, shelter or other structure not carrying a floor load
which-
(a)projects from a wall of a building and is cantilevered or supported by
brackets, posts or other means; or
(b)is erected on any building or in or over any open space adjacent to or on a
building and is supported by posts or other means; (Added43 of 1972 s. 2)
'cemetery' means any place for the time being specified in the Fifth Schedule;
'civic centre' means any premises and the grounds appurtenant thereto set aside
under section 105M as a civic centre; (Added 21 of 1973 s. 2)
'corporation' means any person or body of persons incorporated by virtue of any
Ordinance of Hong Kong and also means any company registered under the
Companies Ordinance (Cap. 32); (Amended 10 of 1986 s. 24)
'court' means a magistrate's court;
'cream' means that part of milk rich in fat which has been separated by skimming or
otherwise;
'crematorium' means any building or place designed or adapted for the purpose of
burning human remains; (Added21of 1973s. 2)
'dancing establishment' means any public dance-hall or dancing school which is
required to be licensed under the provisions of the Miscellaneous Licences
Ordinance (Cap. 114) or the Places of Public Entertainment Ordinance (Cap.
172);
'deposit', in relation to litter or waste, includes to cast, throw, spray, sweep, place,
drop, discharge, spill, dump, tip, scatter or blow such litter or waste; (Added 72
of 1981 s. 2)
'drain' means a drain used for the drainage of one building or any buildings or
yards appurtenant to buildings within the same curtilage, and the expression
'public drain' means a drain which is vested in and maintained by the
Government and, for the purposes of this Ordinance, includes any part of a
drain from the outlet of any disconnecting trap to its junction with a public
drain or sewer. and the expression 'private drain' means any drain other than a
public drain;
'drink' does not include water other than
(a) aerated water;
(b) distilled water;
(e)water from natural springs, either in its natural state or with added mineral
substances; and
(d)water placed in a sealed container for sale for human consumption;
(Replaced 26 of 1986 s. 2)
'drug' includes medicine for internal or external use by man;
'establishment' includes premises;
'excretal matter' means excretal matter of human beings;
'exhibit' means an article intended for display within a museum whether or not the
article is displayed to the public at any particular time; (Added 21 of 1973s.2)
'fire hazard' means-
(a) - (b) (Repealed 5 of 1985 s. 2)
(c)any removal from any building of any fire service installation or equipment
which was provided in such building in accordance with plans certified by
the Director of Fire Services for the purposes of section 16 of the Buildings
Ordinance (Cap. 123);
(d)the presence in any building of any fire service installation or equipment
which from lack of proper maintenance or for any other reason is not in
efficient working order;
(e) (Repealed 5 of 1985 s. 2)
(f)any other matter or circumstance which materially increases the likelihood
of fire or other calamity or the danger to life or property that would result
from the outbreak of fire or the occurrence of any other calamity, or which
would materially hamper the Fire Services Department in the discharge of
its duties in the event of fire or other calamity; (Added 61 of 1974 s. 2)
'fire service installation or equipment' means any installation or equipment
manufactured, used or designed to be used for the purposes of-
(a) extinguishing, attacking, preventing or limiting a fire;
(b) giving warning of a fire;
(c)providing access to any premises for the purpose of extinguishing,
attacking, preventing or limiting a fire., (Added 61 of 1974 s. 2)
'fish' means all fish commonly used for human consumption and also means
any other fish which is sold or offered for sale for human consumption;
'food' includes
(a) drink;
(b) chewing gum and other products of a like nature and use;
(c) smokeless tobacco products; and
(d)articles and substances used as ingredients in the preparation of food or
drink or of such products,
but does not include-
(i) live animals, live birds or live fish (excluding shell fish);
(ii) water, other than(A) aerated water; (B) distilled water; (C) water from
natural springs, either in its natural state or with added mineral
substances; and
(D)water placed in a sealed container for sale for human consumption;
(Replaced3 of 1987s. 2)
(iii) fodder or feeding stuffs for animals, birds or fish; or
(iv) articles or substances used only as drugs;(Replaced 62 of 1986 s. 2)
'goods vehicle' has the same meaning as it has in the Road Traffic Ordinance (Cap.
374); (Added 72 of 1981 s. 2)
'grave' means a burial place formed in the ground by excavation and without any
internal walls of brickwork or stonework or any other artificial lining;
'hawker' means(a) any person who trades in any public place
(i) by selling or exposing for sale any goods, wares or merchandise; or
(ii) by exposing samples or patterns of goods, wares or merchandise to
be afterwards delivered; or
(iii) by hiring or offering for hire his skill in handicraft or his personal
services; and
(b) any person who itinerates for the purpose-
(i) of selling or exposing for sale any goods, wares or merchandise; or
(ii) of hiring or offering for hire his skill in handicraft or his personal
services:
Provided that nothing in this definition shall be taken to include-
(i)any person who sells to or seeks orders from any person who is a dealer in
any such goods, wares or merchandise and who buys to sell again; or
(ii)any person who on request visits in any place the person making such
request for the purpose of selling or offering for sale or delivering to him
or taking from him orders for any goods, wares or merchandise or of hiring
to the person making such request his skill in handicraft or his personal
services; or
(iii) any representative of the press or any photographer;
'health inspector' means any person appointed by the Governor to be a health
inspector and any person for the time being performing the duties of a health
inspector;
'household waste' means waste produced by a household and of a kind ordinarily
produced by a dwelling when occupied as such; (Replaced8of 1980s.37)
'latrine' includes a water closet, urinal and dry latrine, and all other sanitary
equipment or installations designed, intended or used for the reception of
excretal matter;
'laundry' means any premises or place upon which the business of laundering or
dry cleaning is carried on, and 'launder' includes any process of dry cleaning;
'librarian' means the Chief Librarian; (Added21 of 1973s. 2. Amended8of 1980s.37)
'library' means any building, or part of a building, designated under section
105K as a library; of 1973s. 2)
'library material' means any book, film, gramophone record, tape, and any other
thing on or in which any information or image is written, recorded, stored or
reproduced; (Added50 of 1979s. 2)
'licensee' includes a delegate appointed pursuant to a requirement under the
provisions of section 125(7);
'lines' means any structure, not specifically designed and constructed for the
permanent housing of labourers, which is used or intended to be used for their
temporary accommodation;
'litter' includes-
(a) any earth, dirt, soil, dust, ashes, paper or refuse; (b)
any glass, china, earthenware or tin;
(c)any mud, clay, brick, stone, plaster, sand, cement, concrete, mortar, wood,
timber, sawdust, plastic, construction material or excavated material;
(d) any rubble, rubbish or debris;
(e)any filth, manure, dung, excretal matter and any other offensive, noxious
or obnoxious matter or liquid; and
(f)any substance likely to constitute a nuisance; (Added 72 of 1981 s. 2)
'market' means any market to which, by virtue of a declaration by the Authority
under section 79(1), this Ordinance applies; (Amended 57 of 1978s.2)
'milk' means cows milk, buffaloes milk and goats milk, and includes cream and
separated milk, but does not include dried milk, condensed milk or
reconstituted milk; (Amended 32 of 1963 s. 2)
'mobile library' means any vehicle within the meaning of section 2 of the Road
Traffic Ordinance (Cap. 374) and any vessel maintained by the Authority and
used for the conveyance of library material for the use of the public; (Added21
of 1973s. 2. Amended 50 of 1979s.2)
'mortuary' means any premises or place set apart or habitually used for the
reception, storage or treatment of human remains;
'motor vehicle' means any mechanically propelled vehicle; (Added 72 of 1981 s.2)
'museum' means a building, or part of a building, or area designated under section
105G as a museum; (Added 21 of 1973 s. 2)
'offensive trade' means any trade, business, process or manufacture declared
under the provisions of section 48 to be an offensive trade;
'owner' includes a person holding premises direct from the Crown whether under
lease, licence or otherwise, a mortgagee in possession and a person receiving
the rent of any premises, solely or with another, on his own behalf or that of
any person, or who would receive the same if such premises were let to a
tenant; (Added 48 of 1969 s. 2)
'package' or 'packing' includes every means by which goods for carriage, sale or
deposit are cased, covered, enclosed, contained or wrapped;
'petroleum' means crude petroleum or any oil made from petroleum or from coal,
shale, peat or other bituminous substances;
'poultry' means any bird commonly used for human consumption and also any
other bird which is sold or offered for sale for human consumption;
'premises' includes land, buildings, structures and basements and, in relation to
any building, includes the curtilage thereof, and, in relation to the internal parts
of a building, includes any bedspace, cubicle, room, floor, or portion of a floor,
the subject of a separate letting; (Amended 32 of 1963 s.2)
'private market' means any market other than a public market;
'public analyst' means the Government Chemist, the Government Pathologist and
any analyst appointed by the Governor for the purposes of this Ordinance;
'public billiard saloon' means any place opened, kept or used for the purpose of
playing billiards, snooker, pool or similar games to which the public are
admitted with or without payment for admission;* (Added 21 of 1973s. 2)
'public bowling-alley' means any place openedor used for the purpose
of playing the game of skittles to which the public are admitted with or
without payment for admission; (Added 21 of 1973 s. 2)
'public market' means a market designated as a public market under section79(3);
(Amended21 of 1973s. 2)
'public pleasure ground' means any place for the time being specified in the Fourth
Schedule and delineated on any plan thereof which may, for the time being,
have been deposited in accordance with the provisions of section 106(5), and,
in the case of a beach, includes the sea and the sea-bed within the limits of the
beach;
'public skating rink' means any place opened, kept or used for the purpose of
skating to which the public are admitted with or without payment for admission
unless such place is a place of public entertainment licensed as such under the
Places of Public Entertainment Ordinance (Cap.172); (Added21 of 1973s. 2)
'public swimming pool' means a swimming pool designated as a public swimming
pool under section 42A; (Amended 21 of 1973 s. 2)
'public table tennis saloon' means any place opened, kept or used for the purpose
of playing table tennis or ping pong, to which the public are
admitted with or without payment for admission;(Added21 of 1973s. 2)
'Regional Council area' has the meaning assigned to it in the District Boards
Ordinance (Cap. 366); (Added 10 of 1986 s. 4)
'registered ventilation contractor' means any person whose name is for the time being
on the register of ventilation contractors maintained under
section 8 of the Buildings Ordinance (Cap. 123);(Added 24 of 19 71 s. 2).
'reptiles' means all reptiles commonly used for human consumption and any other
reptiles sold or offered for sale for human consumption; (Added 9 of 1976 s. 2)
'sale' or 'sell' includes disposal by barter or raffling;
'sanitary convenience' includes latrine, sink, bath, washbasin, slop closet and any
similar convenience;
'scheduled offence' means an offence under any of the enactments specified in the
First Schedule;
'scheduled premises' means any premises of any of the classes of premises
specified in the first column of the Second Schedule;
'sealed' includes closed by means of a stopper or screw top; (Added 26 of
1986s.2)
'Secretary for District Administration' includes the Regional Secretary (Hong
Kong and Kowloon), the Regional Secretary (New Territories) and any
district officer; (Replaced 10 of 1986 s. 4)
'sewer' does not include a drain as defined in this section but otherwise includes
all sewers and drains used for the drainage of buildings and yards appurtenant
to buildings, and the expression 'public sewer' means a sewer which is vested
in and maintained by the Government and includes, for the purposes of this
Ordinance, any part of a sewer from the outlet of any disconnecting trap to its
junction with a public sewer or drain which part lies outside the lot boundary,
and the expression 'private sewer' means any other sewer; (Amended 48 of
1969 s. 2)
'slaughterhouse' and 'abattoir' mean any premises or place habitually used for the
slaughter of animals for human consumption; and the expression 'public
slaughterhouse' means a slaughterhouse designated as a public
slaughterhouse under section 76A(1); and the expression 'private
slaughterhouse' means any other slaughterhouse; (Replaced 21 of 1973s. 2)
'smokeless tobacco product' means any product which consists of tobacco, or
primarily of tobacco, intended to be taken orally, and includes chewing tobacco
(whether looseleaf, firm plug, moist plug, twist or roll chewing tobacco) and
moist snuff, but does not include dry snuff taken by inhalation; (Added 62 of
1986s. 2)
'stadium' means any stadium for the time being specified in the Twelfth Schedule
and delineated on any plan thereof deposited in accordance with
section105A(4); (Added 21 of 1973s. 2)
'street waste' means dust, dirt, rubbish, mud, road scrapings or filth, but does not
include excretal matter; (Amended 8 of 1980s. 37)
'trade waste' means waste from any trade, manufacture or business, or any waste
building or civil engineering materials; (Replaced 8 of 1980 s. 37)
'Urban Council area' has the meaning assigned to it in the District Boards
Ordinance (Cap. 366); (Replaced 10 of 1986 s. 4)
'vault' includes underground burial places of every description, except graves;
'ventilating system' means a system which is either mechanical or electrical, or
both, for introducing or exhausting air, and also means an air-conditioning
plant 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; (Replaced 61 of 1974 s. 2)
'vermin' includes rodents, and also includes cockroaches, mites, ticks, bugs, fleas,
lice and itch mites, and the eggs, larvae, nymphs or pupae thereof;
'vessel' means any ship, junk, sampan, boat or other description of craft within the
waters of Hong Kong, but does not include registered ocean going ships nor
any ships or vessels belonging to Her Majesty or the Government of any
foreign power or the Government of any country of the Commonwealth or the
Government of the Republic of Ireland; (Amended 10 of 1986 s. 24)
'washhouse' includes open drying grounds;
'waste' means any substance or article which is abandoned; (Added 8 of1980 s.37)
'workplace' means any premises, vessel or place in which articles are
manufactured, altered, cleansed, repaired, ornamented, finished, adapted for
sale, broken up or demolished or in which materials are transformed (including
shipbuilding), but does not include any notifiable workplace under section 9 of
the Factories and Industrial Undertakings Ordinance (Cap. 59). (Amended 50 of
1985 s. 9; 10 of 1986 s. 4)
(2) For the purposes of this Ordinance any substance or article which is
discarded or otherwise dealt with as waste shall be presumed to be waste until the
contrary is proved. (Added 8 of 1980s. 37)
(3) For the purposes of this Ordinance any substance or article which is
discarded or otherwise dealt with as litter shall be presumed to be fitter until the
contrary is proved. (Added 72 of 1981 s. 2)
Designation of Authorities
3. (1) Subject to the provisions of subsection (2), the Authority for the
purposes of each of the section of this Ordinance specified in the first column of the
Third Schedule shall
(a)in the Urban Council area and in respect of any matters specified in the
second column of that Schedule, be the public officer or public body
specified in respect thereof in the said second column of that Schedule;
and
(b)save where otherwise provided in the third column of that Schedule, in the
Regional Council area and in respect of any matters specified in the said
third column of that Schedule, be the public officer or public body
specified in respect thereof in the said third column of that Schedule.
(Amended 10 of 1986 s. 5)
(2) The Governor in Council may by order designate any public officer or public
body to be the Authority for the purposes of any of the sections of this Ordinance
in substitution for the public officer or public body specified in the Third Schedule
as the Authority for the purposes of that section.
(3) The Governor in Council may by order amend, add to or delete from
the Third Schedule.
PART II
SEWERS AND DRAINS
Construction and maintenance of public sewers and drains
4. The Authority shall be responsible for causing the construction, repair
and maintenance of all public sewers, drains or drainage works, and may alter
or disconnect the connection therewith of any private sewer, drain or drainage
works.
Cleansing of public sewers
5. The Authority shall be responsible for the proper clearing, cleansing
and emptying of public sewers, drains and drainage works, and for the abate-
ment of nuisances arising in connection therewith.
Protection of public sewers and drains
6. (1) Any person who-
(a)places or throws any solid matter, mud or waste (except such as is
contained in ordinary house sewage) in or into any public sewer or
drain or any sewer, drain, inlet or other drainage work communicating
with any public sewer or drain, or over any grate communicating with
any public sewer and drain;
(b)causes or knowingly permits any such matter, mud or waste to be
placed or thrown, or to fall, or to be carried, in or into any public
sewer or drain or over any such grate;
(c)causes or knowingly permits any such matter, mud or waste to be
placed in such a position as to be liable to fall or be carried as
aforesaid;
(d)discharges into any public sewer or drain or into any sewer or drain
which, not being a public sewer or drain, communicates therewith, any
chemicals, oils, petroleum or petroleum-spirit or any trade waste (not
included as aforesaid) or any waste steam, or any heated liquid, which,
either alone or in combination with other matter in any sewer or drain,
causes or may cause nuisance or danger to persons entering or being
in. or near to, any public sewer or drain or danger to any public sewer
or drain itself, or
(e)wilfully, except with the permission in writing of the Authority, or
negligently damages, alters, disconnects or otherwise interferes with
any public sewer or drain or any connection therewith,
shall be guilty of an offence.(Amended 8 of 1980 s. 37)
(2) The Authority only may prosecute for an offence under the provisions of
subsection (1), and shall not be obliged to prosecute if, in its opinion, the solid or
other matter may be received into the public sewer or drain in question without risk
of damage to structure or danger to the health of persons employed at or being near
to such sewer or drain:
Provided that nothing in this subsection shall be deemed to derogate from the
powers of the Attorney General in relation to the prosecution of criminal offences.
Prevention of obstruction of sewers and drains by soil or
waste
7. (1) The Authority may cause a notice to be served on the owner or occupier
of land adjoining any street or place in which is situated a public sewer, drain or
drainage works requiring him, within such time as may be specified in such notice,
so to fence off, channel or embank the land as to prevent soil or waste being carried
into such public sewer, drain or drainage works. (Amended 8 of 1980 s. 3 7) ~
(2) Any person who fails to comply with any of the requirements ol' a notice
served under the provisions of subsection (1) within the time specified therein shall
be guilty of an offence.
Saying in relation to certain Ordinances
8. Nothing in section 6 or 7 shall be taken or construed to the prejudice of any
powers conferred by the Factories and Industrial Undertakings Ordinance (Cap. 59)
or the Buildings Ordinance (Cap. 123).
Punishment of persons interfering with public sewers
or drains
9. Any person who, without the permission of the Authority-
(a) enters or attempts to enter any public sewer; or
(b)raises or covers up any grating, trap or manhole cover, or otherwise
interferes with any fitting connected with any public sewer or drain, or
inserts any wire, net or other contrivance through any opening in any
such grating, trap or manhole cover or through any other opening or vent
in any public sewer or drain,
shall be guilty of an offence.
Notice of existence of disused drains
10. (1) The owner or, in default of the owner, the occupier of any premises
shall, forthwith after it comes to his knowledge that there is any disused sewer or
drain in, under or upon the premises, give notice in writing of the existence of such
disused sewer or drain to the Authority.
(2) If the owner or occupier, as the case may be, of any premises intends to
cease to use any sewer or-drain in, under or upon such premises, he shall forthwith
give notice in writing of such intention to the Authority.
(3) Any person who fails to comply with any of the provisions of subsection
(1) or (2) shall be guilty of an offence:
Provided that in any proceedings against the owner or occupier, as the case
may be, in respect of a failure to comply with the provisions of subsection (1), it
shall be a defence to prove that
(a)in the case of proceedings against the owner, such owner had reasonable
cause to believe that the occupier or a previous owner or occupier had
given such notice; and
(b)in the case of proceedings against the occupier, such occupier had
reasonable cause to believe that the owner or a previous owner or
occupier had given such notice.
Regulations for the protection of sewers and drains and
prevention of nuisance therefrom
11. The Governor in Council may make regulations prescribing or providing for-
(a)the general or particular protection of public sewers, drains or drainage
works; and
(b)the prevention of nuisances arising from public or private sewers, drains
or drainage works.
PART III
GENERAL SANITATION- AND
CLEANLINESS
General
Nuisances which may he dealt with summarily
12. (1) The following matters shall, subject as hereinafter provided, be
nuisances which may be dealt with summarily under section 127
(a)any premises (including any cemetery) or vessel in such a state as to be a
nuisance or injurious or dangerous to health;
(b)any pool, well, ditch, gutter, watercourse, drain, sewer, water tank or
container, cesspool, pond, pit, sanitary convenience, soil, waste or
rainwater pipe, dust bin or refuse container or other like place or thing so
foul, or in such a state, as to be a nuisance or injurious or dangerous to
health;
(c)any accumulation or deposit (including any dead body) which is a
nuisance or injurious or dangerous to health;
(d)any animal or bird kept in such a place, or in such a manner, as to be a
nuisance or injurious or dangerous to health;
(e)the emission of dust, fumes or effluvia from any premises in such a
manner as to be a nuisance;
the emission of dust from any building under construction or demolition
in such a manner as to be a nuisance;
(g)the emission of air either above or below the temperature of the external air,
or the discharge of water, whether waste or otherwise, from the ventilating
system in any premises in such a manner as to be a nuisance . (Added 61
of 1974 s. 3)
(h)the emission of noise from any ventilating system, or any part thereof,
in such a manner or at such a level as to be a nuisance. (Added 61 of
19 s.2)
(2) Nothing g in subsection (1)(c) shall render a person punishable in respect of
any accumulation or deposit necessary for the effectual carrying on of a business or
manufacture, if the court is satisfied that the accumulation or deposit has not been
kept longer than is necessary for the purposes of the
business or manufacture and that the best available means have been taken for
preventing injury thereby to the public health.
(3) Nothing in subsection (1) shall be taken or construed to the prejudice of the
provisions of the Factories and Industrial Undertakings Ordinance (Cap. 59) or the
Air Pollution Control Ordinance (Cap. 311). (Amended 17 of 1983s.50)
Cleansing and covering of offensive ditches, drains, etc.
13.(1) The Authority-
(a)may cleanse, drain, enclose, cover or fill up, or cause to be cleansed,
drained, enclosed or covered or filled up, any pond, pool, open ditch,
drain, watercourse, cesspool, well, or place containing or used for the
collection of any drainage, filth, water, matter or thing of an offensive
nature or likely to be prejudicial to health; or
(b)may cause notice to be served on the person causing, or likely to cause,
any such nuisance or on the owner or occupier of any premises whereon
any such nuisance exists requiring him, within the time specified in the
notice, to drain, cleanse, enclose, cover or fill up the pond, pool, ditch,
drain, watercourse, cesspool, well or place, as the case may be, or to
construct a proper drain, ditch or other means for the discharge of such
filth, water, matter or thing, or to execute such other work as the case may
require.
(2) If the person on whom a notice is served under the provisions of subsection
(1) fails to comply with any of the requirements thereof
(a)such person shall be guilty of an offence; and
(b)the Authority may execute, or cause to be executed, such work as may be
necessary for the abatement of the nuisance, and may recover any
expenses thereby incurred from the owner of the premises:
Provided that the Authority may, where it thinks it reasonable, defray
all or any part of such expenses.
(3) The owner or, in default of the owner, the occupier of any premises upon
which there is any disused cesspool or well which has not been covered in a
permanent manner or filled in shall, forthwith after the existence of such disused
cesspool or well comes to his knowledge, give notice in writing thereof to the
Authority.
(4) If the owner or occupier, as the case may be, of any premises intends to
cease to use any cesspool or well situated upon such premises, he shall forthwith
give notice in writing of such intention to the Authority.
(5) Any person who fails to comply with any of the provisions of subsection
(3) or (4) shall be guilty of an offence:
Provided that in any proceedings against the owner or occupier, as the case
may be, in respect of a failure to comply with the provisions of subsection (3), it
shall be a defence to prove that
(a)in the case of proceedings against the owner, such owner had reasonable
cause to believe that the occupier or a previous owner or occupier had
given such notice; and
(b)in the case of proceedings against the occupier, such occupier had
reasonable cause to believe that the owner or a previous owner or
occupier had given such notice.
(6) Nothing in this section shall be taken or construed to the prejudice of the
provisions of the Buildings Ordinance (Cap. 123).
Power to require limewashing, etc. of premises
14. (1) If the Authority is of the opinion that any premises or any part of any
premises are in such a state as to be
(a) a nuisance; or
(b) injurious or dangerous to health,
or are in such a state as to affect injuriously or disfigure the amenities of any place
or locality, the Authority may cause a notice to be served upon the owner or
occupier of the premises requiring him to limewash, paint, cleanse, disinfect or
disinfest such premises or any part thereof to the satisfaction of the Authority
within such period as maybe specified in the notice. (Replaced 58 of 1973s. 2)
(2) If the person on whom a notice is served under the provisions of
subsection (1) fails to comply with any of the requirements thereof
(a)such person shall be guilty of an offence; and
(b)the Authority 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 such person:
Provided that the Authority may, where it thinks it reasonable, defray
all or any part of such expenses.
Regulations as to cleansing and prevention of nuisances
15. (1) The Authority may make regulations prescribing or providing for
(a)the prevention of nuisance or danger to health or person arising from salt,
effluvia, offal, fish, litter, waste or other matter or thing, including the
liability of the owner or occupier of any premises, or the driver, registered
owner or hirer of any motor vehicle, in relation to the
prevention of such nuisance or danger;(Replaced 72 of 1981 s. 3)
(b)the prevention, control and collection of litter or waste, including the
liability of the owner or occupier of any premises, or the driver, registered
owner or hirer of any motor vehicle, in relation to such prevention, control
and collection; (Amended 72 of 1981 s. 3)
(c)the cleansing of any premises or place by any person;
(d)the prevention or restriction of scavenging and of picking over of waste;
(e)the times during which any excretal matter or offensive or noxious thing
may be removed or carried by road or water in or through any district or
place, and the construction of vehicles, containers or vessels used for such
purpose so as to prevent the escape of any such matter or thing and so as
to prevent any nuisance arising therefrom;
the removal or disposal of street waste, household waste or excretal
matter, and the duties of the owner or occupier of any premises in relation
to household waste or excretal matter so as to prevent nuisances arising
therefrom and to facilitate its removal or disposal by any lawful
scavenging or conservancy service;
(g)the provision, design and construction of containers for the collection and
storage of household waste; (Replaced 8 of 1980s. 37)
(h)fees or charges payable in connection with any scavenging or
conservancy services;
(i)the additional sum to be paid on the recovery under the provisions of
section 22(3) of any article or thing seized under the provisions of
subsection (2) of that section;
(j)regulating or prohibiting the employment of children in the removal or
disposal of waste.
(Amended 46 of 1972 s. 2; 8 of 1980 s. 3 7)
(IA) Regulations made under this section may provide that, where an owner of
premises cannot be found or ascertained or is absent from Hong Kong or under
disability, the regulations shall apply to an agent of the owner. (Added 48 of 1969 s. 3.
Amended 10 of 1986 s. 24)
(IB) Regulations made under this section may provide that the court by which a
person is convicted of an offence consisting of a failure to comply with a notice
given under the regulations may, in addition to imposing any other penalty, make an
order for the payment by such person to the Authority of the whole or part of any
expenses incurred by the Authority in carrying out any work
necessary to satisfy the requirements of the notice.(Added 58 of 1973 s. 3)
(1C) (Repealed 37 of 1987s. 2)
(2) (Repealed 8 of 1980s. 37)
16-19. (Repealed 8 of 1980 s. 37)
Removal of Utter or waste and cleaning of area
20. (1) If it appears to the Authority that any litter or waste ought to be
removed from any place, the Authority may serve a notice in accordance with
subsection (2) on the person who appears to hirn
(a) to be the owner of the litter or waste;
(b) to have deposited the litter or waste in that place; or
(c) to be the occupier of the place where the litter or waste is found.
(2) A notice under subsection (1) shall require the person on whom it is served
to remove the litter or waste, and may require him also to clean to the satisfaction of
the Authority the area in which the litter or waste is found, within such period, not
being less than 24 hours after the service of the notice, as may be specified therein.
(3) If a notice served in accordance with subsection (2) is not complied with
within the period specified therein
(a)the litter or waste to which the notice refers shall become the property of
the Crown and may be removed and destroyed or otherwise disposed of
by the Authority which may clean the area in which it was found; and
(b)the person on whom the notice was served shall be guilty of an offence
and on conviction may, in addition to any other penalty imposed, be
ordered by the court to pay the whole or part of the expenses incurred by
the Authority in removing and destroying or disposing of the litter or
waste and in cleaning the area in which it was found.
(Replaced 46 of 1972 s. 3. Amended 8 of 1980 s. 37; 72 of 1981 s. 4)
21. (Repeated 8 of 1980s. 37)
Prevention of obstructions to scavenging or conservancy
operations
22. (1) If any person obstructs, or causes or permits any article or thing to be
so placed as to obstruct or to be likely to obstruct, any scavenging or conservancy
operation or any street sweeper acting in the performance of his duty
(a) such person shall be guilty of an offence; and
(b)the court may, in addition to any other penalty imposed, order the
forfeiture of such article or thing.
(2) Notwithstanding the provisions of subsection (1)(b), where any article or
thing is so placed as, in the opinion of the Authority, to cause or to be likely to
cause obstruction to any scavenging operation or to any street sweeper acting in
the performance of his duty, the Authority may-
(a)cause to be served upon the owner of such article or thing, or, where the
owner is absent from Hong Kong or cannot be found or ascertained by
the Authority, cause to be attached to such article or thing, a notice
requiring the owner or some person on his behalf
(i) to remove the same within such period, being not less than 24 hours,
as may be specified in the notice; and
(ii) to prevent the recurrence of such obstruction by the article or thing
during such period, as may be specified in the notice;
and(Replaced 46 of 1972 s. 4)
(b)if such article or thing is not removed or is found causing obstruction
within the period specified in the notice referred to in paragraph (a)(i) or
(a)(ii), seize, carry away and detain such article or thing. (Replaced 46 of
1972 s. 4)
(3) Where any article or thing is seized under the provisions of subsection
(2)(b), the owner may, within 7 days after such seizure, recover the same upon
payment to the Authority of the expenses (if any) incurred in the seizure, carrying
away and detention thereof and of such additional sum as may be prescribed by
regulations made under section 15:
Provided that
(a)where any article or thing seized under this section is required, or likely to
be required, for production in evidence in any proceedings under this
Ordinance, the Authority may, notwithstanding anything contained in this
subsection, retain such article or thing until such proceedings are either
abandoned or determined; and
(b)where any such proceedings are not instituted within 14 days after such
seizure, such proceedings shall be deemed, for the purposes of this
subsection, to have been abandoned.
(4) If, within 7 days after the seizure of any article or thing under the provisions
of subsection (2)(b), the same has not been recovered in the manner provided by
subsection (3), such article or thing shall become the property of the Crown, free
from all liens, claims or incumbrances whatsoever, and may be sold or otherwise
disposed of in such manner as the Authority may think fit.
(5) No action, liability, claim or demand whatsoever shall lie against the
Authority or the Government, or against any person acting for or on behalf of the
Authority or the Government, in respect of any loss or damage arising out of or by
reason of the seizure, carrying away or detention of any article or thing, bona fide,
under the provisions of this section.
Prevention of accumulation of litter or waste on canopies
22A. (1) If litter or waste of any kind is found on or in any canopy--
(a)the Authority may cause a notice to be served on the occupier of the
premises or of that part of the premises for the benefit of which the
canopy is erected, requiring the occupier to remove the litter or waste
within such time as may be specified in the notice; and
(b)the occupier shall be guilty of an offence if he fails to remove the litter or
waste in accordance with the notice served on him under paragraph(a).
(Amended8of 1980s. 37, 72of 1981 s.5)
(2) If the Authority is of opinion that litter or waste which is found on or in a
canopy- (Amended8of 1980s. 37; 72 of 1981s. 5)
(a) is or may become injurious or dangerous to health;
(b) is or may become a danger to any persons;
(c) constitutes a nuisance; or
(d) is unsightly,
he may cause a notice to be served on the occupier of the premises or that part of
the premises for the benefit of which the canopy is erected or, if the occupier cannot
be found or there is no occupier, the owner of the premises, requiring him to remove
the canopy within such time as may be specified in the notice.
(3) If a notice served under subsection (2) is not complied with within the time
specified in the notice, the Authority may remove the canopy and do whatever is
necessary to effect such removal.
(4) The Authority shall not remove a canopy under subsection (3) until 14 days
from the date of service of the notice or, in the event of an appeal to the Governor
under subsection (7), the determination of such appeal.
(5) If a canopy is removed under subsection (3) the Authority may-
(a)recover any expenses incurred in the removal from the person on whom the
removal notice was served; and
(b)remove and detain the canopy until the expenses recoverable under
paragraph (a) have been paid.
(6) If a canopy is removed under subsection (3), no action, liability, claim or
demand shall lie against the Authority or the Government or against any person
acting for or on behalf of the Authority or the Government at the suit of any owner
or occupier of the premises for the benefit of which the canopy so removed was
erected, maintained or used, for any damage done to the canopy or the premises or
for any damage or loss arising out of or by reason of the removal of the canopy.
(7) Any person on whom a notice to remove a canopy is served under
subsection (2) who considers himself aggrieved by the requirement of the notice,
may within 14 days after the service thereof, appeal to the Governor.
(8) If an appeal is made under subsection (7), the Governor may confirm, vary
or cancel the notice and the decision of the Governor shall be final.
(Added 43 of 1972 s. 3)
Powers of arrest in certain cases
23. (1) Any public officer authorized in writing in that behalf by the Authority
may
(a)require any person whom he reasonably suspects of having contravened
any regulation made under section 15, to give his correct name and address
and produce evidence to that effect to the public officer;
(b)arrest any person who, without reasonable excuse, refuses to comply with
a requirement under paragraph (a); and
(c)arrest in any public place any person who contravenes any of the
provisions of section 4(2) or (3) of the Summary Offences Ordinance (Cap.
228). (Replaced 46 of 1972 s. 5)
(2) In the absence of a police officer, it shall be lawful for any watchman
employed by the Government on any waste dump under the control of the
Government to arrest any person whom he finds raking, picking over or grubbing in
any waste deposited in or upon such dump or removing or scattering any portion of
any such waste without, in any such case, lawful authority or excuse. (Amended 8
of 1980 s.37)
(3) Any public officer or any watchman who arrests any person under the
provisions of subsection (1) or (2) shall forthwith take him to the nearest police
station or give him into the custody of a police officer, whereupon the provisions
of section 52 of the Police Force Ordinance (Cap. 232) or of sections 51 and 52
of that Ordinance, as the case may be, shall apply.
Notification of convictions in newspaper
23A. The Authority may cause to be published in any newspaper-
(a)the name of any person convicted of an offence under this Part or
under any regulation made under section 15;
(b) the nature of the offence; and
(c) the fine, forfeiture or other penalty imposed.
(Added46 of 1972 s. 6)
Wells and well water and waste water
Power to close, etc. polluted wells, etc.
24. (1) Where it appears to the Authority that the water in any spring,
well, pool, pond, watercourse, swimming pool or other source-
(a)is used, or is likely to be used, for human consumption or domestic
purposes, or for manufacturing food or drink for human consump-
tion; and
(b)is so polluted, or is likely to be so polluted, as to be injurious or
dangerous to health, or is otherwise rendered unfit for human
consumption or injurious or dangerous to health,
the Authority may cause a notice to be served upon the owner of the premises
upon which such spring, well, pool, pond, watercourse, swimming pool or other
source exists or, where the owner is absent from Hong Kong or cannot be
readily found or ascertained by the Authority or is under disability, upon the
occupier thereof requiring him within such time as may be specified in such
notice, to close, permanently or temporarily, such spring, well, pool, pond,
watercourse, swimming pool or other source, or to take such other steps as
may appear to the Authority to be necessary to prevent injury or danger to the
health of persons drinking or using such water. (Amended 10 of 1986 s. 24)
(2) If any person on whom a notice is served under the provisions of
subsection (1) fails to comply with any of the requirements thereof---
(a) such person shall be guilty of an offence; and
(b)the Authority may execute, or cause to be executed, such work as may
be necessary for the purpose of preventing injury or danger to health,
and may recover any expenses thereby incurred from the owner of
such premises or, where the owner is absent from Hong Kong or
cannot be readily found or ascertained by the Authority or is under
disability, from the occupier thereof.(Amended 10 of 1986 s. 24)
Protection of fountains, wells and pumps
25. Any person who-
(a) does any wilful act whereby any fountain, well or pump is damaged; or
(b)by reason of any act or neglect, causes or permits the water of any
fountain, well or pump which is used, or likely to be used, for human
consumption or domestic purposes, or for manufacturing food or drink for
human consumption, to become polluted or fouled,
shall be guilty of an offence.
Regulations relating to the use of water from springs,
wells, etc.
26. (1) The Authority may make regulations prescribing or providing for
(a)the prohibition or control of the use of water from any spring, well, pool,
pond, watercourse, swimming pool or other source, the use of which is
likely to be injurious or dangerous to health;
(b)the disinfecting or purifying and the maintenance in a wholesome
condition, of water from any such spring, well, pool, pond, watercourse,
swimming pool or other source.
(2) Nothing in subsection (1) or in section 24 shall be taken to apply to any
waterworks within the meaning of the Waterworks Ordinance (Cap. 102), or taken or
construed to the prejudice of the provisions of the Buildings Ordinance (Cap. 123).
Control of water likely to contain larvae or pupae of
mosquitoes
27. (1) Where it appears to the Authority that there is, or is likely to be, upon
any premises any accumulation of water, whether waste or otherwise, likely to
contain larvae or pupae of mosquitoes, the Authority may, whether such
accumulation of water is presently found to exist or not, cause a notice to be served
upon the occupier, or, where the occupier is absent from Hong Kong or cannot be
readily found or ascertained by the Authority or is under disability, upon the owner,
of such premises, or, where the premises consist of a building site or a building
under construction, upon the appointed contractor in respect of the site, requiring
him, within such time as may be specified in the notice- (Amended 10 of 1986 s. 24)
(a) to remove such accumulation of water, if existing; or
(b)to take such other steps as may be specified in the notice to prevent any or
any further such accumulation of water upon premises; or
(c)to take such other steps as may be specified in the notice to prevent the
existence of larvae or pupae of mosquitoes upon such premises.
(Amended 32 of 1963 s. 3; 9 of 19 76 s. 3)
(2) If the person upon whom a notice is served under the provisions of
subsection (1) fails to comply with any of the requirements thereof--
(a) such person shall be guilty of an offence; and
(b)the Authority may remove, or cause to be removed, any such
accumulation of water and may take such other steps as may be necessary
to satisfy the requirements of such notice, and may recover any expenses
thereby incurred from such person.
(3) Where, in any accumulation of water on any premises, larvae or pupae of
mosquitoes are found, the occupier of such premises or, where the occupier is
absent from Hong Kong or cannot be readily found or ascertained by the Authority,
the owner thereof or, where the premises consist of a building site or a building
under construction, the appointed contractor in respect of the site, shall be guilty of
an offence. (Amended 32 of 1963 s. 3; 9 of 1976 s. 3; 10 of 1986s.24)
(4) The Director of Medical and Health Services and any public officer authorized
by him in that behalf may, in addition to the Authority, exercise any of the powers
vested in the Authority by the provisions of subsections (1) and (2).
(5) In subsections (1) and (3) 'the appointed contractor in respect of the site'
means
(a)the person who is the registered contractor appointed in respect of the site
in accordance with the Buildings Ordinance (Cap. 123); or
(b)in the case of a site which is owned by the Crown, the person who has
been appointed the contractor in respect of the site, if he has entered on
the site at the relevant time. (Added 9 of 1976 s. 3)
(6) A document which purports-
(a)to be signed by a person authorized by the Building Authority and to
certify that a person specified therein was at a time specified therein the
registered contractor appointed in respect of a building site specified
therein in accordance with the Buildings Ordinance; or
(b)to be signed by a person authorized by the Director of Housing or the
Director of Buildings and Lands and to certify that at a time specified
therein- (Amended L.N. 76/82; L.N. 94/86)
(i) a building site specified therein was owned by the Crown; and
(ii) a person specified therein was appointed the contractor in respect
of that building site,
shall be admitted in evidence in any proceedings for an offence under subsection (1)
or (3) on its production before the court without further proof. (Added 9 of 1976 s.3)
(7) On the production of a document under subsection (6)-
(a)the court before which the document is produced shall, until the contrary
is proved, presume that
(i) the signature to the document is genuine;
(ii) the person signing it was duly authorized to sign at the time he
signed it; and
(b)such document shall be prima facie evidence of the matters contained
therein. (Added 9 of 1976s. 3)
Regulations for prevention of mosquitoes
28. (1) The Authority may make regulations to promote the destruction
of mosquitoes or the prevention of the breeding thereof.
(2) Any regulations made under subsection (1) may be of general
application or limited to particular districts, areas, premises or types or classes
of premises.
Sanitary conveniences
Regulations as to latrine accommodation
29. The Authority may make regulations prescribing or providing for-
(a)the provision and maintenance of suitable and sufficient latrine
accommodation in connection with any premises, whether the same
were constructed before or after the commencement of this Ordinance;
(b)the supply of water closets and urinals with sufficient water for their
effective action;
(c)the maintenance in proper working order, repair and cleanly condition
of latrines, cesspools and septic tanks, and the provision of proper
accessories therefor;
(d)the hygienic construction of rooms or compartments in which latrines
may be installed.
Obligation to provide latrines
30. (1) Where it appears to the Authority that any premises, or any part
of any premises, whether such premises were constructed before or after the
commencement of the Buildings Ordinance (Cap. 123) or of this Ordinance,
are without, or without sufficient, latrine accommodation or that the latrine
accommodation provided therein is ineffective or of a type which is unsuitable
having regard to the circumstances of the case, the Authority may cause a notice
to be served upon the owner of such premises or, where the owner is absent from
Hong Kong or cannot be readily found or ascertained by the Authority or is
under disability, upon the occupier thereof, requiring him, within such time as
shall be specified in the notice, to provide such number of latrines, or latrines of
such type, or to do such other thing to provide effective and sufficient latrine
accommodation, as may be specified in the notice: (Amended 10 of 1986 s. 24)
Provided that, where any such requirement involves the carrying out of
building works within the meaning of the Buildings Ordinance, no such notice
shall be issued except with the consent in writing of the Building Authority.
(2) If the person upon whom a notice is served under the provisions of
subsection (1) fails to comply with any of the requirements thereof-
(a) such person shall be guilty of an offence; and
(b)the Authority 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 such person.
(3) If any person considers himself aggrieved by any notice served upon him
under the provisions of subsection (1) or by any act done by or on behalf of the
Authority under this section, he may, within 30 days after the service of such notice
or the doing of such act, as the case may be, appeal to the Governor in
Council by way of petition, and no offence shall be deemed to have been
committed under subsection (2) until after such petition be abandoned or
dismissed.
(4) The provisions of this section shall not apply to any school registered
under the Education Ordinance (Cap. 279), or to any notifiable workplace under the
Factories and Industrial Undertakings Ordinance (Cap. 59). (Amended 50 of 1985 s.9)
Prevention of nuisances from latrines and sanitary
conveniences
31. Any person who causes, or suffers or permits any person to cause, any
septic tank, cesspool, trap, siphon or any sanitary convenience to be a nuisance or
injurious or dangerous to health by wilfully destroying or damaging, or by
otherwise interfering with, or by improperly using, the same or any water supply,
apparatus, pipe or work connected therewith, shall be guilty of an offence.
Removal or alteration of sanitary conveniences
32. (1) If any septic tank, cesspool, trap, siphon or any sanitary convenience is,
or has been, so constructed, or is so situated, as to be, or to be likely to be, a
nuisance or offensive to public decency, the Authority may, whether the same was
constructed before or after the commencement of the Buildings Ordinance (Cap.
123), or of this Ordinance, cause a notice to be served upon the owner of the
premises in question, or where the owner is absent from Hong Kong or cannot be
readily found or ascertained by the Authority or is under disability, upon the
occupier of the premises in question, requiring him, within such time as may be
specified in the notice, to remove, reconstruct, screen or otherwise alter such septic
tank, cesspool, trap, siphon or sanitary convenience, as the case may be, in such
manner as to abate the nuisance or to remove the offence against public decency or
the likelihood thereof. (Amended 61 of 1974 s. 4; 10 of 1986 s. 24)
(2) If the person upon whom a notice is served under the provisions of
subsection (1) fails to comply with any of the requirements thereof--
(a)such person shall be guilty of an offence; and
(b)the Authority 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 such person.
(3) If any person considers himself aggrieved by any notice served upon him
under the provisions of subsection (1) or by any act done by or on behalf of the
Authority under this section, he may, within 30 days after the service upon him of
the notice or the doing of the act, as the case may be, appeal to the court, and the
court may make such order as may appear to it to be just having regard to all the
circumstances.
Examination of sanitary conveniences by Authority
33. (1) The Authority may examine any of the following works, that is to
say, any septic tank, cesspool, trap, siphon or sanitary convenience, or any
water supply, apparatus, pipe or work connected therewith, upon any premises,
and for that purpose may cause the ground to be opened in any place which may
appear to the Authority necessary, doing as little damage as may be.
(2) If any work referred to in subsection (1) is found on examination to be
in proper order, the Authority shall cause the work to be reinstated and made
good as soon as may be and shall defray the expenses of the examination and
the reinstating and making good of the work, but, if on examination any such
work is found not to be in proper order, the Authority may-
(a)recover from the owner of the premises, or where the owner is absent
from Hong Kong or cannot be readily found or ascertained by the
Authority or is under disability from the occupier thereof, the
expenses of such examination; and (Amended 10 of 1986 s. 24)
(b)cause a notice to be served upon the owner of such premises or, in
the circumstances specified in paragraph (a), the occupier thereof
requiring him to repair or otherwise put in good order such work or to
comply, as nearly as may be, with the provisions of the Buildings
Ordinance (Cap. 123), within such time as may be specified in the
notice:
Provided that no such notice shall be issued by the Authority
requiring such owner or occupier to carry out any drainage works
within the meaning of the Buildings Ordinance, except with the
consent in writing of the Building Authority.
(3) If the person upon whom a notice is served under the provisions of
subsection (2)(b) fails to comply with any of the requirements thereof-
(a) such person shall be guilty of an offence; and
(b)the Authority may execute, or cause to be executed, any work
necessary to satisfy the requirements of such notice, and may recover
any expenses thereby incurred from such person.
(4) If any person considers himself aggrieved by any notice served upon
him under the provisions of subsection (2)(b) or by any act done by or on behalf
of the Authority under the provisions of this section, he may, within 14 days
after the service upon him of the notice or the doing of the act, as the case may
be, appeal to the court, and the court may make such order as may appear to it
to be just having regard to all the circumstances.
(5) Notwithstanding any appeal under the provisions of subsection (4),
the Authority may proceed with and carry out any work which, in the opinion
of the Authority, ought to be carried out under this section, but, until such
appeal is abandoned or determined, no sum of money in respect of any such
work shall be recoverable from any person party to such appeal.
Sanitary conveniences used in common
34. The following provisions shall have effect in relation to any sanitary
convenience used in common by the occupiers of 2 or more premises or by other
persons-
(a)any person who injures or improperly fouls any such sanitary
convenience or anything used in connection therewith shall be guilty of
an offence;
(b)where any such sanitary convenience, or the approaches thereto, or the
walls, floors, seats or fittings thereof, is or are, in the opinion of the
Authority, in such a state as to be a nuisance for want of proper
cleansing, such persons having the use of such sanitary convenience in
common as may be in default, or, in the absence of proof satisfactory to
the court as to which of such persons is in default, each of such persons,
shall be guilty of an offence.
Public latrines, bathhouses, washhouses, laundries and labourers' lines
Regulations as to public latrines, bathhouses and
washhouses
35. The Authority may make regulations prescribing or providing for-
(a)the maintenance, management and control (including prohibition) of
latrines, bathhouses, or washhouses, used or intended for use by the
public whether upon payment or otherwise, and the fees to be charged for
the use thereof.,
(b)registration or licensing of such latrines, bathhouses or washhouses, and
fees and charges in connection therewith,
and any such regulations may provide that they shall apply only in relation to such
latrines, bathhouses or washhouses as are specified from time to time by order
published in the Gazette.
(Amended 48 of 1969 s. 4)
Provision and maintenance of public latrines, bathhouses and washhouses
36. (1) The Authority, or any person duly authorized by licence of the
Authority, may provide and maintain any latrine, bathhouse or washhouse for the
use of the public in any situation where the Authority shall consider such latrine,
bathhouse or washhouse to be required having regard to the general benefit of the
public, and may equip any such latrine, bathhouse or washhouse with all requisite
furnishings, fittings and mechanical or other appliances for the use, convenience or
assistance of persons resorting thereto:
Provided that nothing in this section shall authorize the Authority, or any
person acting under a licence issued by the Authority, to carry on the business of a
launderer, dyer or dry cleaner in any such bathhouse or washhouse, or to permit
any person to use any such furnishings, fittings or mechanical or other appliances
as aforesaid for the purpose of a laundry, dyeing or dry cleaning business.
(2) If any person other than the Authority opens or maintains any latrine,
bathhouse or washhouse for the use of the public otherwise than under and in
accordance with a licence granted under subsection (1), he shall be guilty of an
offence.
Power to remove members of the public from public
bathhouses and washhouses
37. The Authority or any person licensed under section 36(1) or any
person duly authorized by the Authority or by such person licensed as afore-
said may remove from any latrine, bathhouse or washhouse maintained,
respectively, by it or him for the use of the public any person contravening any
regulation made under the provisions of section 35.
Power to refuse admittance to certain members of the
public to public bathhouses and washhouses
38. The Authority or any person licensed under section 36(1) may refuse
admittance to or remove from any latrine, bathhouse or washhouse maintained,
respectively, by it or him for the use of the public any person who has been
convicted of-
(a)an offence under any regulation made under the provisions of section
35 relating to latrines, bathhouses or washhouses; or
(b)an offence against public decency committed in any such latrine,
bathhouse or washhouse.
Appeals against action taken under section 37 or 38
39. Any person who considers himself aggrieved by removal from, or
refusal of admittance to, any latrine, bathhouse or washhouse under section 37
or 38 may appeal to the court, and the court may make such direction regarding
the use by the appellant of such latrine, bathhouse or washhouse as may in the
circumstances appear to it to be just.
Regulations relating to laundries and dry cleaning
establishments
40. (1) Without prejudice to anything contained in the Factories and
Industrial Undertakings Ordinance (Cap. 59), the Authority may make
regulations in relation to any laundry or any premises, place or vehicle used
for storing, collecting or delivering articles in connection with the business
of any laundry prescribing or providing for-
(a)the proper management and control thereof, including prohibition or
restriction;
(b)registration or licensing thereof, and fees and charges in connection
therewith;
(c)the regulation and control (including prohibition), and the medical
examination and immunization against disease, of persons engaged or
employed upon or in connection with any laundering or dry cleaning
operation or the handling or packing of any clothing;
(d)the promotion of hygienic and wholesome methods of laundering or
dry cleaning and the prevention of the dissemination of communicable
diseases.
(2) Regulations under this section may prohibit, restrict or otherwise
control the laundering or dry cleaning for gain of-
(a) clothing;
(b) bedding;
(c) household linen; and
(d)table, kitchen, bathroom and other linen used in hotels, apartment
houses, restaurants and similar establishments, or provided in
business premises for use of customers,
otherwise than in a laundry. (Replaced 9 of 1976 s. 4)
Regulations relating to labourers' lines
41. The Authority may make regulations in relation to labourers' lines
prescribing or providing for-
(a)the prevention and abatement of nuisances therein and the
maintenance of the same in a clean and sanitary condition;
(b)the construction thereof and the facilities to be provided therein.
Swimming pools
Regulations relating to swimming pools
42. (1) The Authority may make regulations in relation to swimming
pools (including the precincts thereof) prescribing or providing for-
(a)the purity of water contained in any swimming pool, and the adequacy
and cleanliness of accommodation provided thereat;
(b)the prevention of accidents;
(c)the conduct and standards of decency of persons resorting to
swimming pools, including the exclusion or removal therefrom of
persons suffering from communicable diseases and, in the case of
public swimming pools, of undesirable persons;
(d)proper design and standard of finishing;
(e)the proper management and control of swimming pools, including
licensing or registration, and fees and charges in connection therewith;
(1) in the case of any public swimming pool, charges for admission or for
1 the use or enjoyment of any facilities provided thereat.
(2) Regulations made under this section may be of general application or
restricted to any particular swimming pool or. to any class or type of swimming
pool.
Public swimming pools
42A. (1) The Authority may, by order published in the Gazette,
designate any premises and the grounds appurtenant thereto as a public
swimming pool.
(2) The swimming pools specified in the Fourteenth Schedule shall be deemed
to have been designated as public swimming pools.
(3) The Authority may, by order published in the Gazette, amend, add to or
delete from the Fourteenth Schedule.
(Added 21 of 1973 s. 3. Amended 9 of 1976 s. 5)
Management of public swimming pools
42B. The management and control of every public swimming pool shall be
vested in the Authority.
(Added 21 of 1973 s. 3)
Rules relating to public swimming pools
43. (1) The Director of Urban Services may in relation to any public swimming
pool in the Urban Council area, and the Director of Regional Services may in relation
to any public swimming pool in the Regional Council area, make, from time to time,
rules of a subsidiary nature for the better control, direction and information of
persons using or resorting to such swimming pool: (AmendedL.N. 67185; 10of
1986s. 6)
Provided that such rules shall not be inconsistent with any of the provisions of
this Ordinance or any regulation made under section 42.
(2) Any person who fails to comply with any rule made under the provisions of
subsection (1) shall be guilty of an offence.
Use of public swimming pools for swimming contests, etc.,
or by schools or clubs
44. (1) The Authority may close temporarily to the public any public swimming
pool, or any part of any public swimming pool, and may
(a)grant, either gratuitously or for payment, the exclusive use thereof to
schools or clubs, or to persons organizing swimming practices or
contests, aquatic sports or similar entertainment; or
(b)itself use it for such practices, contests, sports or entertainments.
(2) The Authority may make, or authorize the making of, charges for admission
to, or for the use of, any such swimming pool while it is closed to the public under
the provisions of subsection (1).
Public swimming pools to be public places for certain
purposes
45. Any public swimming pool shall be deemed to be a public place for the
purposes of any enactment relating to offences against decency.
Verminous articles and premises
Cleansing and destruction of filthy or verminous articles
46. (1) Where it appears to the Authority that-
(a)any article or thing is in such a filthy, dangerous or unwholesome
condition that health is, or is likely to be, injuriously affected thereby; or
(b)the cleansing, disinfecting or destruction of any such article or thing is
necessary in order to prevent risk of injury to health; or
(c)any such article or thing is infested with vermin or, by reason of having
been used by any person infested with vermin, is likely to be so infested,
the Authority may cause the article to be cleansed, disinfected, disinfested or
destroyed, as the case may be, and, if the Authority thinks fit, removed for that
purpose.
(2) For the purposes of this section, the wrapper or cover of any article or thing
shall be deemed to form a part of such article or thing.
(3) Nothing in this section shall be taken or construed to the prejudice of the
provisions of the Quarantine and Prevention of Disease Ordinance (Cap. 141).
Cleansing of verminous premises
47. (1) Where it appears to the Authority that any premises or vessel, or any
part of any premises or vessel, are or is infested with vermin, the Authority may
cause a notice to be served upon the owner or occupier of such premises or vessel,
or such part of any premises or vessel, requiring him, within such time as may be
specified in the notice, to cleanse such premises or vessel, or such part of any
premises or vessel as may be specified in such notice, and to take such other steps
for the purpose of destroying and removing any vermin as the Authority may in
such notice direct.
(2) If the person on whom a notice is served under the provisions of subsection
(1) fails to comply with any of the requirements thereof
(a)such person shall be guilty of an offence; and
(b)the Authority may execute, or cause to be executed, such work as may be
necessary to satisfy the requirements of such notice, and, subject to the
provisions of subsection (3), may recover any expenses thereby incurred
from such person.
(3) In any proceedings under the provisions of subsection (2), the court may
inquire whether any requirement contained in any notice served, or any work done,
by the Authority under the provisions of this section was reasonable and whether
the expenses incurred by the Authority in doing that work, or any part thereof,
ought to be borne wholly or in part by the person upon whom the notice was
served, and may make such order concerning those expenses or their apportionment
as appears to it to be just having regard to all the circumstances.
(4) Notwithstanding anything contained in this section, where it appears to the
Authority that any premises or vessel, or any part of any premises or vessel, are or
is infested with vermin, the Authority may, without serving a notice under the
provisions of subsection (1), forthwith take such reasonable steps as may be
required to destroy or remove therefrom any vermin:
Provided that, in carrying out any operation in pursuance of the provisions
of this subsection, the Authority shall not make any structural alteration to such
premises or vessel or such part of any premises or vessel, nor move any fixture or
any fittings, furniture or equipment of a substantial nature, or otherwise cause
any unreasonable inconvenience to the occupants of such premises or vessel or
such part of any premises or vessel.
(5) Where, in pursuance of the provisions of subsection (4), the Authority
has placed in any premises or vessel any trap or bait container or any bait or
other substance, any person who, without lawful authority or excuse, know-
ingly removes or destroys such trap, bait container, bait or substance or
otherwise interferes therewith, or knowingly causes, suffers or permits any other
person or any domestic animal or bird to remove, destroy or interfere with such
trap, bait container, bait or substance, shall be guilty of an offence.
PART IV
OFFENSIVE TRADES
Declaration of offensive trades
48. The Authority may by notification in the Gazette declare to be an
offensive trade any trade, business, process or manufacture which, in the
opinion of the Authority, causes offensive or noxious effluvia or dust or is
otherwise of an offensive or harmful nature or which involves the slaughtering
of animals or birds.
Regulations relating to offensive trades
49. Notwithstanding anything contained in the Factories and Industrial
Undertakings Ordinance (Cap. 59), the Authority may make regulations in
relation to offensive trades prescribing or providing for-
(a)registration or licensing, and fees and charges in connection therewith;
(b)the prevention of nuisances;
(c)the restriction of the carrying on of offensive trades, or groups or
classes of such trades, to certain areas or districts or otherwise than
in certain areas or districts;
(d)the construction, size, ventilation, drainage, cleansing, repair or
maintenance of any building, yard, pen or other place in which any
offensive trade is carried on;
(e)in the case of any offensive trade involving the slaughtering of animals
or birds-
(i) the manner in which such slaughtering is to be performed
and the control, including prohibition, of the use of any specified
instruments or appliances; and
(ii) the manner in which the carcass of any animal or bird may be
transported or moved from one place to any other place in connection
with such offensive trade.
PART V
FOOD AND DRUGS
Offences in connection with preparation and sale of
adulterated food or drugs
50. (1) No person shall add any substance to food, use any substance as an
ingredient in the preparation of food, abstract any constituent from food, or subject
food to any other process or treatment, so as (in any such case) to render the food
injurious to health, with intent that the food shall be sold for human consumption in
that state.
(2) No person shall add any substance to, or abstract any constituent from, a
drug so as to affect injuriously the quality, constitution or potency of the drug, with
intent that the drug shall be sold in that state.
(3) Subject to the provisions of this section, no person shall-
(a)sell for human consumption, offer, expose or advertise for sale for human
consumption, or have in his possession for the purpose of such sale, any
food rendered injurious to health by any operation described in
subsection (1); or
(b)sell, offer, expose or advertise for sale, or have in his possession for the
purpose of sale, any drug injuriously affected in its quality, constitution or
potency by means of any operation described in subsection (2).
(4) Any person who contravenes any of the provisions of subsection (1), (2) or
(3) shall be guilty of an offence.
(5) In determining for the purposes of this Part whether an article of food is
injurious to health, regard shall be had not only to the probable effect of that article
on the health of a person consuming it, but also to the probable cumulative effect of
articles of substantially the same composition on the health of a person consuming
such articles in ordinary quantities.
(6) In any proceedings for an offence under the provisions of subsection (4)
consisting of the advertisement for sale of any food or drug, it shall be a defence for
the person charged 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.
Adulteration, etc. of milk
51. (1) No person shall add any water or colouring matter, or any dried or
condensed milk or liquid reconstituted therefrom, to milk intended for sale for human
consumption.
(2) No person shall add any separated milk, or mixture of cream and separated
milk, to unseparated milk intended for sale for human consumption.
(3) No person shall sell or offer or expose for sale, or have in his possession for
the purpose of sale, for human consumption any milk to which any addition has
been made in contravention of the provisions of subsection (1) or (2).
(4) No person shall sell, offer or expose for sale, or advertise, under the
designation of milk any liquid in the making of which any separated milk, or
any dried or condensed milk, has been used.
(5) Any person who contravenes any of the provisions of subsection (1),
(2), (3) or (4) shall be guilty of an offence.
(6) For the purposes of subsection (3), a person shall be deemed to retain
the possession of milk which is deposited in any place for collection until it is
actually collected.
Adulteration of meat
51A. (1) No person shall, by injection or any other means, introduce or
cause the introduction of any water or other liquid into the tissues of the
carcass, meat or offal of any animal, bird or reptile sold for human consumption
or offered, exposed or intended for sale for human consumption.
(2) No person shall sell for human consumption or offer or expose for sale
or have in his possession for the purpose of sale for human consumption, any
carcass, meat or offal of any animal, bird or reptile into the tissue of which there
has been introduced by injection or any other means anything specified in
subsection (1).
(3) No person shall have in his possession whilst on, or bring onto or
permit to be brought onto, any premises in which any carcass, meat or offal of
any animal, bird or reptile intended for human consumption is kept or stored or
is sold or is offered or exposed for sale, any instrument designed or adapted for
the introduction into the tissues of the carcass, meat or offal of any animal, bird
or reptile of anything specified in subsection (1).
(4) Any person who contravenes any of the provisions of subsection (1),
(2) or (3) shall be guilty of an offence.
(5) Where-
(a) any offence is committed under subsection (4); or
(b) any instrument specified in subsection (3) is found,
on any premises on which there is carried on any business in the course of which
the carcass, meat or offal of any animal, bird or reptile intended for human
consumption is kept or stored or is sold or is offered or exposed for sale, then, in
addition to any other person who may be guilty of an offence under subsection
(4), and whether or not any other person is convicted for such offence, the
person who carries on such business and the manager of the business shall each
be guilty of an offence whether or not the persons last mentioned were aware of
the commission of an offence under subsection (4) or of the presence of any
instrument specified in subsection (3) on those premises.
(6) Any public officer authorized in writing in that behalf by the
Authority may seize and remove any instrument specified in subsection (3)
which is found on any premises specified in that subsection or in the possession
of any person on the premises who is employed on the premises either by the
owner of the premises or by the person carrying on the business on the premises
of keeping, storing or selling or offering or exposing for sale the carcass, meat or
offal of any animal, bird or reptile intended for human consumption.
(7) Subject to subsection (8), any instrument seized under subsection (6)
may be destroyed or otherwise disposed of as the Authority thinks fit on the
expiration of 7 days after the seizure.
(8) If any person considers himself aggrieved by the seizure of any
instrument under subsection (6) he may, within 3 days of the seizure, appeal to
the court and on an appeal being so made the court may, after hearing the
appellant and the Authority, order the instrument to be forfeited or otherwise
dealt with as it thinks fit.
(Added 61 of 1976s. 3)
General protection for purchasers of food and drugs
52. (1) If any person sells to the prejudice of a purchaser any food or
drug which is not of the nature, or not of the substance, or not of the quality, of
the food or drug demanded by the purchaser, he shall, subject to the provisions
of section 53, be guilty of an offence.
(2) Without prejudice to the provisions of subsection (1), any person who
for the purpose of sale keeps in any container any liquid which is not of the
nature, or not of the substance, or not of the quality, of the alcoholic liquor
which, by reason of the labelling or other marking of such container, it appears
to be, shall be guilty of an offence.
(3) Where regulations made under section 55 contain provisions pre-
scribing the composition of, or prohibiting or restricting the addition of any
substance to, any food or drug, a purchaser of that food or drug shall, unless the
contrary is proved, be deemed, for the purposes of subsection (1), to have
demanded a food or drug complying with the provisions of such regulations.
(4) In any proceedings for an offence under the provisions of subsection
(1), it shall not be a defence to allege that the purchaser bought for analysis or
examination and therefore was not prejudiced.
(5) In this section, save in so far as it relates to drugs, any reference to sale
shall be construed as a reference to sale for human consumption.
(6) For the purposes of subsection (2), the expression 'alcoholic liquor'
means spirits, liqueurs, wines and Chinese type liquor.
Defences available in proceedings under section 52
53. (1) In any proceedings under section 52 for an offence consisting of
the sale of food to which any substance has been added, or in the preparation
of which any substance has been used as an ingredient, or from which any
constituent has been abstracted, or which has been subjected to any other
process or treatment, other than food thereby rendered injurious to health, it
shall be a defence for the person charged to prove that the operation in question
was not carried out fraudulently, and that the article was sold having attached
thereto a notice of adequate size, distinctly and legibly printed and conspic-
uously visible, stating explicitly the nature of the operation, or was sold in a
wrapper or container displaying such a notice.
(2) The provisions of subsection (1) shall apply in relation to an offence
consisting of the sale of a drug to which any substance has been added, or from
which any constituent has been abstracted, other than a drug thereby
injuriously affected in its quality, constitution or potency, as they apply in
relation to any such offence as is therein mentioned.
(3) In proceedings under section 52 in respect of any food or drug
containing some extraneous matter, it shall be a defence for the defendant to
prove that the presence of that matter was an unavoidable consequence of the
process of collection or preparation.
Offences in connection with the sale, etc. of unfit food or
drugs
54.(1) Subject to the provisions of this section, any person who-
(a)sells or offers or exposes for sale, or has in his possession for the
purpose of sale or preparation for sale; or
(b)deposits with, or consigns to, any person for the purpose of sale or of
preparation for sale,
any food intended for, but unfit for, human consumption, or any drug intended
for use by man but unfit for that purpose, shall be guilty of an offence.
(2) Subject as aforesaid, where any food or drug in respect of which an
offence under subsection (1)(a) has been committed was sold to the offender by
some other person, that person also shall be guilty of an offence.
(3) Where a person is charged with an offence under subsection (1)(b), or
under subsection (2), it shall be a defence for him to prove either-
(a)that he gave notice to the person with whom he deposited, or to whom
he consigned or sold, the food or drug in question that it was not
intended for human consumption or for use by man, as the case may
be; or
(b)that, at the time when he delivered or dispatched it to that person,
either it was fit for human consumption or for use by man, as the case
may be, or he did not know, and could not with reasonable diligence
have ascertained, that it was not so fit.
Regulations as to composition of food and drugs, etc.
55. (1) The Governor in Council may, so far as appears to him to be
necessary or expedient in the interests of the public health, or otherwise for the
protection of the public, make regulations for any of the following purposes-
(a)for requiring, prohibiting or regulating the addition or extraction of
any specified substance, or any substance of any specified class, to
food intended for sale for human consumption or to any drug
intended for sale for use by man or any class of such food or drug, or
the use of any substance as an ingredient in the preparation or
preservation of any such food or drug, and generally, for regulating
or prescribing the composition of such food or drug or the
bacteriological or chemical standard thereof;
(b)for prohibiting, restricting or regulating the importation or manufacture, or
the sale, possession for sale, offer or exposure for sale, or consignment or
delivery of-
(i) food or drugs or any ingredients thereof which do not comply with
regulations made in pursuance of paragraph (a), or in relation to which an
offence under such regulations has been committed or would have been
committed if any relevant act or ommission had taken place in Hong
Kong; or
(ii) any food or drugs (including food or drugs referred to in
subparagraph (i)) which, in his opinion, are or may be prejudicial to the
public health; (Replaced 62 of 1986 s. 3)
(c)for prohibiting, restricting or regulating the importation or the use of any
specified materials, or of materials of any specified class, in the manufacture
of apparatus or utensils designed for use in the preparation or preservation
of food for human consumption or drugs for use by man and the sale or
importation for sale of apparatus or utensils designed for such use and
containing any specified materials, or materials of any specified class;
(d)for imposing requirements as to, and otherwise regulating, the labelling,
marking or advertising of food intended for sale for hum* an consumption
or drugs intended for sale for use by man, and the descriptions which may
be applied to such food or drugs;
(e)for prescribing or providing for methods of analysis for the purpose of
ascertaining the presence in, or absence from, any food or drug of any
specified substance, or the quantity of any such substance which is
present in any food or drug;
(f)for fees to be paid in respect of any analysis or bacteriological or other
examination of food or drugs by a public analyst. (Amended50 of 1970s.2)
(2) In the exercise of his functions under subsection (1) in relation to the
composition of food, the Governor in Council shall have regard to the desirability of
restricting, so far as practicable, the use of substances of no nutritional value as
foods.
(3) Regulations made under subsection (1) may provide in respect of
any provision thereof that the Secretary for Municipal Services may amend
that provision by notice in the Gazette. (Added 70 of 1982 s. 2. Amended
L.N. 67/85)
Regulations as to food and drugs hygiene
56. (1) Without prejudice to the provisions of section 55, the Authority may
make regulations for securing the observance of sanitary and cleanly conditions
and practices and wholesome methods in connection with
(a) the sale of food for human consumption or drugs for use by man;
(b)the manufacture, preparation, transport, storage, packaging, mark-
ing, exposure for sale, service or delivery of food intended for sale or
sold for human consumption and drugs intended for sale or sold for
use by man, and ice, or otherwise for the protection of the public
health in connection with. any such matters.
(2) Without prejudice to the generality of the provisions of subsection (1),
regulations made under this section may make provision-
(a)for prohibiting, restricting or regulating the sale, or storage, pos-
session or exposure for sale, of any specified food or drug, either
generally or in any specified district, area or place or by any specified
person or class of persons;
(b)for imposing requirements as to the construction, lay-out, drainage,
equipment, maintenance, cleanliness, ventilation and extraction of
fumes or heat, lighting, water-supply and use of premises in, at or
from which food for human consumption or drugs for use by man are
sold or offered, exposed, stored, prepared or manufactured for sale
(including any parts of such premises in which apparatus and utensils
are cleansed or in which waste is disposed of or stored); (Amended
8 of 1980 s. 3 7)
(ba) for imposing requirements as to the precautions to be taken against
fire in any such premises; (Added 20 of 1982 s. 2)
(e)for imposing requirements as to the provision, maintenance and
cleanliness of sanitary and washing facilities in connection with such
premises, the disposal of waste and the maintenance and cleanliness of
apparatus, equipment, furnishings and utensils used in such premises,
and in particular for imposing requirements that every sanitary
convenience situated in such premises shall be supplied with water
through a suitable flushing appliance; (Amended 8 of 1980 s. 37)
(d)for prohibiting or restricting spitting on premises where food for
human consumption or drugs for use by man are sold, or offered,
exposed, stored, prepared or manufactured for sale (including any
parts of such premises in which apparatus and utensils are cleansed);
(e)for imposing requirements as to the clothing to be worn by persons
engaged to work in such premises;
for requiring the medical examination of persons engaged in any such
premises or class of premises (including any parts of such premises in
which apparatus and utensils are cleansed), the immunization of such
persons against any specified diseases and the prohibition of the
employment of any such person found to be suffering from any
specified disease;
(g)for requiring the marking, staining or treating of meat intended for
human consumption;
(h)for regulating generally the treatment and disposal of any food which
is unfit for human consumption or any drug which is unfit for use by
man or any food or drug which does not comply with any of the
provisions of any regulation made under section 55 relating to the
composition or standard of quality of food and drugs;
(i)for prohibiting or regulating the sale for human consumption, or the
possession, offer, exposure, distribution or collection for sale for human
consumption, of shellfish.
(3) Regulations made under this section may require or provide for the
registration or licensing of premises, businesses or persons engaged in or
connected with any of the matters specified in subsection (1)(a) or (b), and may
prescribe the fees to be paid in respect of such registration or licensing or in respect
of any other matter.
(3A) Regulations made under this section containing provisions
(a)requiring the registration or licensing of premises, businesses or persons;
or
(b) restricting the sale, possession or use of specified foods,
may empower a specified public officer or public body, by notice in the Gazette, to
grant exemptions from such provisions or any of them. (Added57of 1978s. 3)
(4) Regulations made under this section may make different provisions in
relation to difrerent classes of business, and, without prejudice to any other
provisions of this section, any such regulations imposing requirements in respect of
premises may impose on the occupier of the premises to which such regulations
apply responsibility for compliance with those regulations.
(5) The Authority may from time to time take such steps as it may think fit for
publishing codes of practice in connection with matters which may be made the
subject of regulations under this section, for the purpose of giving advice and
guidance to persons responsible for compliance with such regulations.
(6) A failure on the part of any person to observe any provisions of a code
published under subsection (5) shall not of itself render that person liable to criminal
proceedings of any kind but any such failure may, in any proceedings whether civil
or criminal and including proceedings for an offence under this Ordinance, be relied
upon by any party to the proceedings as tending to establish or to negative any
liability which is in question in those proceedings.
(7) In this section, 'premises' includes a stall or vessel and in relation to a
vessel, 'occupier' means the master. (Added 76 of 1988 s. 2)
Live poultry, live reptiles and live fish deemed food for
purposes of regulations
57. Regulations made under section 55 or 56 may include provision for the
prohibition, restriction or regulation of the sale, or the possession, offer or exposure
for sale or consignment or delivery for sale, of live poultry, live reptiles and live fish
in the same manner as if such live poultry, live reptiles and live fish were food.
(Amended 9 of 1976 s. 6; 68 of 1985 s. 2)
Power to call for information as to composition of
substances used in the preparation of food or drugs
58. (1) For the purposes of the exercise by the Governor in Council and the
Authority of the powers vested in them by sections 55 and 56, respectively, the
Governor, in relation to section 55, and the Authority, in relation to sec
tion 56, may, by order require any person who at the date of the order or at
any subsequent time carries on a business which includes the production,
importation, or use of substances of any class specified in the order to furnish
to such public officer as shall be specified in the order, within such time as may
be so specified, such particulars as may be so specified of the composition and
use of any such substance sold in the course of that business for use in the
preparation of food for sale for human consumption or drugs for sale for use
by man or used for that purpose in the course of that business.
(2) Without prejudice to the generality of the provisions of subsection (1),
an order made thereunder may require the following particulars to be furnished
in respect of any substance, that is to say-
(a)particulars of the composition and the chemical nature of the
substance;
(b)particulars of the manner in which the substance is used or proposed
to be used in the preparation of food or drugs;
(c)particulars of any investigations carried out by or to the knowledge of
the person carrying on the business in question, for the purpose of
determining whether and to what extent the substance, or any product
formed when the substance is used as aforesaid, is injurious to, or in
any way affects, health;
(d)particulars of any investigations or inquiries carried out by or to the
knowledge of the person carrying on the business in question for the
purpose of determining the cumulative effect on the health of a person
consuming or using the substance in ordinary quantities.
(3) No particulars furnished in accordance with an order made under the
provisions of subsection (1), and no information relating to any individual
business obtained by means of such particulars, shall, without the previous
consent in writing of the person carrying on the business in question, be
disclosed except-
(a)in accordance with the directions of the Governor so far as the
purposes of section 55, and the Authority so far as the purposes of
section 56, may require; and
(b)for the purposes of any proceedings for an offence against the order,
or any report of those proceedings.
(4) Any person who discloses any particulars or information in
contravention of the provisions of subsection (3) shall be guilty of an offence.
(5) Any person who fails to comply with the requirements of any order
made under the provisions of subsection (1) shall be guilty of an offence.
Examination and seizure and marking or destruction of
food or drugs
59. (1) Any public officer authorized in writing in that behalf by the
Authority may-
(a)examine any food which is, or which appears to him to be, intended
for human consumption, or any drug which is, or which appears to
him to be, intended for use by man; and
(b)seize and remove such food or drug or any package in which the same
was contained if it appears to him that such food or drug is unfit for
human consumption or for use by man, as the case may be, or that any
of the provisions of any regulation made under section 55 or 56 have
been contravened in respect thereof, and
(c)where he is of the opinion that a special procedure is necessary for the
examination of any such food which has been imported, or where at
the request of the importer he has recourse to such special procedure,
direct the importer or any other person in possession of the food to
provide all such facilities as may be required for the examination of the
food. (Replaced 29 of 1976s. 3)
(1A) Any person who fails to provide facilities for the examination of
imported food in accordance with subsection (1)(c), after having been duly
directed to do so by a public officer authorized in writing in that behalf by the
Authority, shall be guilty of an offence. (Added29 of 1976 s. 3)
(2) If it appears to any public officer authorized in writing in that behalf
by the Authority that any food or drug, whether seized under the provisions of
subsection (1) or not, is unfit for human consumption or for use by man,
respectively, or that any of the provisions of any regulations made under section
55 or 56 have been contravened in respect of any such food or drug, he may-
(a)affix to such food or drug a mark, seal or other designation; or
(b)destroy or otherwise dispose of such food or drug or cause the same to
be destroyed or otherwise disposed of.
(3) If any person sells, offers or exposes for sale, or deposits or consigns to
any person for the purpose of sale or preparation for sale, or otherwise uses, any
food or drug contrary to the purport of any mark, seal or other designation
affixed thereto under the provisions of subsection (2), or removes, alters or
obliterates any such mark, seal or designation with intent to deceive any person,
he shall be guilty of an offence.
(4) Before any food or drug is destroyed or otherwise disposed of under
the provisions of subsection (2), there shall be recorded a description and such
other details as will suffice to identify such food or drug, and the Authority shall
keep such record in its custody for a period of not less than 12 months.
(5) If any person considers himself aggrieved by the seizure and removal,
or by the marking, sealing or otherwise designating, or by the destruction or
other disposal, of any food or drug under the provisions of subsection (1) or (2)
he may, within 72 hours after the doing of such act, complain to the court and
the court may confirm or disallow the act, either wholly or in part, and shall, in
the case of any act disallowed, or disallowed in part, order the removal of such
mark, seal or other designation or the restoration of the food or drug seized and
removed, either as to the whole or as to such part in respect of which the act was
disallowed, or, if the food or drug in question, or any part thereof, has been
destroyed or otherwise disposed of, or is no longer fit for human consumption
or for use by man, as the case may be, or is depreciated in value at the time of
making such order by reason of such act, order the Authority, to pay by way of
compensation such sum of money, not exceeding the market value of such food
or drug at the time of the doing of such act, as the court may, having regard to
the circumstances of the case, consider just.
(6) In the case of any conviction for an offence under section 54(1) or (2) or for
an offence under any of the provisions of any regulation made under section 55, the
court may order that any food or drug to which the conviction relates and any
similar food or drug found on the defendant's premises or in his possession at the
time of the commission of the offence or of the seizure of the food or drug in
question, shall be forfeited, together with all packages containing the same.
(7) Any food or drug, and any package containing the same, forfeited under
the provisions of subsection (6) shall be disposed of in such manner as the
Authority may direct.
Food or drugs offered as prizes, etc.
60. (1) Sections 54 and 59 shall apply in relation to---
(a)any food intended for human consumption, or any drug intended for use
by man, which is offered as a prize or reward in connection with any
entertainment to which the public are admitted, whether on payment of
money or not as if such food or drug were, or had been exposed for sale
by each person concerned in the organization of the entertainment;
(b)any food intended for human consumption, or any drug intended for use
by man, which is offered as a prize or reward or given away for the
purpose of advertisement, or in furtherance of any trade or business, as if
the food or drug were, or had been, exposed for sale by the person
offering or giving it away;
(c)any food intended for human consumption, or any drug intended for use
by man, which is exposed or deposited in any premises for the purpose of
being so offered or given away as aforesaid, as if the food or drug were, or
had been, exposed for sale by the occupier of such premises.
(2) In this section, the expression 'entertainment' includes any social
gathering, amusement, exhibition, performance, game, sport or trial of skill.
False labelling and advertisement of food or drugs
61. (1) If any person gives with any food or drug sold by him, or displays with
any food or drug exposed for sale by him, a label, whether or not the same is
attached to or printed on the wrapper or container, which
(a) falsely describes the food or drug; or
(b) is calculated to mislead as to its nature, substance or quality,
he shall be guilty of an offence, unless he proves that he did not know, and could
not with reasonable diligence have ascertained, that the label was of such a
character as aforesaid.
(2) Subject to the provisions of subsection (3), if any person publishes, or is
partly to the publication of, an advertisement, other than a label to which the
provisions of subsection (1) apply which
(a)falsely describes any food or drug; or
(b)is likely to mislead as to the nature, substance or quality of any food or
drug,
he shall be guilty of an offence, and, in any proceedings against the
manufacturer, producer or importer of the food or drug, it shall rest on the
defendant to prove that he did not publish, and was not a party to the
publication of, the advertisement.
(3) In any proceedings for an offence under subsection (2), it shall be a
defence for the defendant to prove either---
(a)that he did not know, and could not with reasonable diligence have
ascertained, that the advertisement was of such a character as is
described in that subsection; or
(b)that, being a person whose business it is to publish, or arrange for the
publication of, advertisements, he received the advertisement in the
ordinary course of business.
(4) For the purposes of this section, a label or advertisement which is
calculated to mislead as to the nutritional or dietary value of any food is
calculated to mislead as to the quality of the food.
(5) In any proceedings under this section, the fact that a label or adver-
tisement in respect of which the offence is alleged to have been committed
contained an accurate statement of the composition of the food or drug shall
not preclude the court from finding that the offence was committed.
(6) In this section, save in so far as it relates to drugs, references to sale
shall be construed as references to sale for human consumption.
Power to take samples
62. (1) Any public officer authorized in writing in that behalf by the
Authority may take samples for analysis, or for, bacteriological or other
examination, of any food or drug, or of any substance capable of being used in
the preparation of any food or drug, which appears to him to be intended for
sale or to have been sold for human consumption or for use by man, as the case
may be, or which is found by him on or in any premises, stall, vehicle, vessel,
aircraft or place which he is authorized to enter for the purposes of this
Ordinance:
Provided that-
(a)such officer shall pay or tender payment of the market price of any
such samples, or, if the market price be unknown or not readily
ascertainable, a reasonable price, to the person appearing to have the
lawful custody of such food, drug or substance; and
(b)where any such food, drug or substance is kept for retail sale in
unopened packages, no such sample shall consist of less than the
whole of the contents of any one such package.
(2) When taking any sample under this section, such officer shall take
such steps as may be necessary to satisfy himself that the sample taken is a fair
sample of the bulk of the food, drug or other substance in question.
(3) Nothing in this section shall be construed as authorizing any purchase
or sale of drugs in contravention of the provisions of the Dangerous Drugs
Ordinance (Cap. 134).
(4) Any person who fails to comply with any demand or requisition made
under the provisions of this section shall be guilty of an offence.
Provisions as to the taking of samples for analysis
63. (1) An officer who takes a sample under the provisions of section 62
of any food, drug or substance for the purpose of analysis shall forthwith divide
such sample into 3 parts, each part to be marked and sealed or fastened up in
such manner as its nature will permit, and shall-
(a)with respect to one part of the sample comply with the provisions of
subsection (2); and
(b)with respect to the remaining parts of the sample comply with the
provisions of subsection (3):
Provided that this subsection shall not apply to any sample taken for
bacteriological examination. (Amended 59 of 1970 s. 3)
(2)(a) If the sample was obtained by purchase from a dealer in the food,
drug or substance in question the officer shall give the one part to the
vendor, such vendor being permitted to select such part from the 3
parts.
(b)If the sample was obtained by purchase from an automatic machine-
(i) if the name and address (being an address in Hong Kong) of a
person stated to be the proprietor of the machine appears on the
machine, the officer shall give the one part of the sample to that
person;
(ii) in any other case, the officer shall give the one part to the
occupier of the premises on which the machine stands or to which
it is affixed.
(c)If the sample is of any food, drug or substance consigned from out-
side Hong Kong and was taken by the officer before delivery to
the consignee, the officer shall give the one part of the sample to
the consignee.
(d)If the sample is of any food, drug or substance in transit from a
consignor within Hong Kong to a consignee (whether within or
without Hong Kong), the officer shall give the one part of the sample
to the consignor.
(e)If none of the foregoing paragraphs of this subsection apply, the
officer shall give the one part of the sample to the person appearing to
him to be the owner of the food, drug or substance of which the
sample was taken. (Amended 10 of 1986 s. 24)
(3) Of the remaining 2 parts of the sample, the officer shall, unless he
decides not to have an analysis made, personally submit one to the public
analyst, and retain the other for future comparison.
(4) In every case to which the provisions of subsection (2) apply, the officer
shall inform the person to whom the part of the sample is given that the sample was
taken for the purpose of analysis by the public analyst.
(5) When any sample which has been taken for analysis consists of the
contents of an unopened package, the officer shall retain the packing material and, if
he decides to have an analysis made, deliver such sample, together with such
packing material and any label which may have been attached thereto at the time
when the sample was taken, to the public analyst with the part of the sample
submitted in accordance with the provisions of subsection (3).
(6) Any part of a sample which under the provisions of this section is to be
given to any person may be given either by delivering it to him or to his agent, or by
sending it to him by post in a registered packet:
Provided that where, after reasonable inquiry, the officer is unable to find the
person to whom the part of the sample is to be given or to ascertain his name and
address, he may, in lieu of giving the part to that person, retain it.
(7) If it appears to the officer that any food, drug or substance of which he
has taken a sample for the purpose of analysis was manufactured or put into its
wrapper or container by a person (not being a person to whom one part of the
sample is required to be give ' given by virtue of the provisions of subsection (2))
having his name, and an address in Hong Kong, displayed on the wrapper or
container, the officer shall, unless he decides not to have an analysis made,
within 3 days after taking such sample, send to that person a notice informing
him that the sample has been taken by him and where the sample was taken or,
as the case may be, from whom it was purchased. (Amended 10 of 1986 s. 24)
(8) Where a sample taken under the provisions of section 62 has been analysed
by a public analyst, any person to whom a part of the sample was given in
accordance with the provisions of subsection (2) shall be entitled, on payment of a
fee of $1, to be supplied with a copy of the certificate given by such public analyst
under section 64.
(9) Any person who, for the purpose of advertisement, uses any certificate of
analysis obtained under the provisions of subsection (8) shall be guilty of an
offence.
Certificate of analysis
64. (1) In every case in which a sample for analysis is delivered to the public
analyst under the provisions of section 63, the analyst shall cause it to be analysed
as soon as practicable and shall give to the officer requesting the analysis a
certificate specifying the result of the analysis in the form of Form A prescribed in
the Seventh Schedule.
(2) A certificate of the results of an analysis given by a public analyst in
pursuance of the provisions of subsection (1) shall be signed by him, but the
analysis may be made by any person acting under his directions.
Evidence of analysis
65. (1) In any proceedings under this Part, the production by one of the parties
of a document purporting to be a certificate of the public analyst in the form of Form
A prescribed in the Seventh Schedule, or of a document supplied
to him by the other party as being a copy of such a certificate, shall be prima facie
evidence of the facts stated therein, unless, in the first mentioned case, the other
party requires that the public analyst shall be called as a witness.
(2) In any such proceedings, if a defendant intends to produce a certificate of
the public analyst, or, under the provisions of subsection (1), to require that the
public analyst shall be called as a witness, notice of his intention, together, in the
first mentioned case, with a copy of the certificate, shall be given to the other party
not less than 3 clear days before the day on which the summons is returnable, and,
if this requirement is not complied with, the court may adjourn the hearing on such
terms as it thinks proper.
(3) Where any relevant method of analysis has been prescribed by regulations
made under section 55(1)(e), evidence of an analysis carried out by the prescribed
method shall be preferred to evidence of any other analysis or test.
Proceedings in respect of articles or substances sampled
66. (1) In any proceedings under this Part in respect of an article or substance
sampled, the summons shall not be made returnable less than 14 days from the day
on which it is served, and a copy of any certificate of analysis obtained on behalf of
the prosecutor shall be served with the summons.
(2) In any proceedings under this Part, where a sample has been procured in
such circumstances that its division into parts is required by this Ordinance, the
part of the sample retained by the person who took it shall be produced at the
hearing.
Presumptions
67. (1) For the purposes of this Part-
(a)any article commonly used for human consumption, or any drug
commonly used by man, shall, if sold or offered, exposed or kept for sale,
be presumed, until the contrary is proved, to have been sold, or as the
case may be, to have been or to be intended for sale for human
consumption or for use by man;
(b)any article commonly used for human consumption, or any drug
commonly used by man, which is found on any premises or in any vessel,
vehicle or aircraft used for the preparation, storage, transport or sale of
that article or drug, and any article commonly used in the manufacture of
products for human consumption or drugs for use by man which is found
on any premises or in any vessel, vehicle or aircraft used for the
preparation, storage, transport or sale of those products or drugs, shall be
presumed, until the contrary is proved, to be intended for sale, or for
manufacturing products for sale for human consumption or for use by
man, as the case may be;
(c)any substance capable of being used in the composition or preparation of
any article commonly used for human consumption or any drug commonly
used by man which is found on any premises or in any vessel where that
article or drug is prepared shall, until the contrary is proved, be presumed
to be intended for such use.
(2) Where any food for human consumption or any drug for use by man
is sold, or deposited with or consigned to any person for the purpose of sale
for human consumption or use by man, as the case may be, contained in an
unopened package, any person who appears from any statement thereon or
attached thereto to have imported, manufactured or prepared such food or drug
or to have enclosed it in such package shall, until the contrary is proved, be
deemed to have so imported, manufactured, prepared or enclosed the same.
(3) For the purposes of this Part, the expression 'for use by man' means
for human consumption or for external application to the human body.
Power to examine food and drugs in course of transit, etc.
68. (1) Subject to the provisions of subsection (2), any public officer
authorized under the provisions of section 59(1), who has reason to suspect that
any vehicle, vessel or container contains any food which is intended for human
consumption or any drug which is intended for use by man or any food or drug
which is in the course of delivery after sale for human consumption or for use by
man may examine the contents of such vehicle, vessel or container and may for
that purpose, if necessary, detain the vehicle, vessel or container, and, in the case
of a vehicle or vessel in motion, may call upon such vehicle or vessel to stop.
(2) Nothing in this section shall authorize the detention of any vehicle,
vessel or container used by a carrier of goods for the purposes of his trade as
such a carrier.
(3) Any person, being a person in charge of a vehicle or vessel which is
called upon a stop under the provisions of subsection (1), who fails to stop when
so called upon shall be guilty of an offence.
Restriction on movement of imported food or drugs
69. (1) Without prejudice to any power of examining food or drugs
conferred by this Part, any public officer authorized in writing in that behalf by
the Authority may give directions to the person in possession of any food or
drug imported with a view to sale for human consumption or for use by man, as
the case may be, prohibiting or restricting its removal or delivery-
(a)during any period, not exceeding 6 days (exclusive of Saturdays,
Sundays and public holidays), which may be reasonably required for
the examination of such food or drugs; and (Replaced 29 of 1976s. 4)
(b)if within that period the officer so requires, until that person has
notified the officer of the name of the person to whom, and the address
to or at which, he proposes to send or deliver such food or drug.
(2) A person who fails to comply with any direction given under the
provisions of subsection (1), or who, in a notification thereunder, knowingly
makes any false statement, shall be guilty of an offence.
Contraventions due to some other person
70. (1) A person against whom proceedings are brought under this Part
shall, upon information duly laid by him and on giving to the prosecution not
less than 3 clear days' notice of his intention, be entitled to have any person to
whose act or default he alleges that the contravention of the provisions in
question was due brought before the court in the proceedings, and, if, after the
contravention has been proved, the original defendant proves that the con-
travention was due to the act or default of that other person, that other person
may be convicted of the offence, and, if the original defendant further proves
that he has used all due diligence to secure that the provisions in question were
complied with, he shall be acquitted of the offence.
(2) Where the defendant seeks to avail himself of the provisions of
subsection (1)-
(a)the prosecution, as well as the person whom the defendant charges
with the offence, shall have the right to cross-examine him, if he gives
evidence, and any witness called by him in support of his pleas, and to
call rebutting evidence;
(b)the court may make such order as it thinks fit for the payment of costs
by any party to the proceedings to any other party thereto.
(3) Where it appears to the Authority that an offence has been committed
in respect of which proceedings might be taken under this Part against some
person and the Authority is reasonably satisfied that the offence of which
complaint is made was due to an act or default of some other person and that
the first-mentioned person could establish a defence under subsection (1), the
Authority may cause proceedings to be taken against that other person without
first causing proceedings to be taken against the first-mentioned person, and, in
any such proceedings, the defendant may be charged with, and, on proof that
the contravention was due to his act or default, be convicted of, the offence with
which the first-mentioned person might have been charged.
(4) In proceedings instituted under the provisions of subsection (3), the
information or complaint shall set out the facts and state that the Authority
concerned is reasonably satisfied that the offence of which complaint is made
was due to the act or default of the person against whom the proceedings are
brought.
Conditions under which warranty may be pleaded as
defence
71. (1) Subject to the provisions of this section, in any proceedings for
an offence under this Part, being an offence consisting of selling, or offering,
exposing or advertising for sale or having in possession for the purpose of sale,
any article or substance, it shall be a defence for the defendant to prove-
(a)that he purchased it as being an article or substance which could
lawfully be sold or otherwise dealt with as aforesaid, or, as the case
may be, could lawfully be sold or dealt with under the name or
description or for the purpose under or for which he sold or dealt with
it, and with a written warranty to that effect; and
(b)that he had no reason to believe at the time of the commission of the
alleged offence that it was otherwise; and
(c) that it was then in the same state as when he purchased it.
(2) A warranty shall only be a defence in proceedings under this Part if-
(a) the defendant-
(i) has, not later than 3 clear days before the date of the hearing,
sent to the prosecutor a copy of the warranty with a notice stating that
he intends to rely on it and specifying the name and address of the
person from whom he received it; and
(ii) has also sent a like notice to that person; and
(b)in the case of a warranty given by a person resident outside Hong
Kong, the defendant proves that he had taken reasonable steps to
ascertain, and did in fact believe in, the accuracy of the statement
contained therein. (Amended 10 of 1986 s. 24)
(3) Where the defendant is a servant or agent of the person who pur-
chased the article or substance under a warranty, he shall be entitled to rely on
the provisions of this section in the same way as his employer or principal would
have been entitled to do if he had been the defendant.
(4) The person by whom the warranty is alleged to have been given shall
be entitled to appear at the hearing and to give evidence, and the court may, if it
thinks fit, adjourn the hearing to enable him to do so.
(5) For the purposes of this section and of section 72, a name or des-
cription entered in an invoice shall be deemed to be a written warranty that the
article or substance to which the entry refers can be sold or otherwise dealt with
under that name or description by any person without contravening any of the
provisions of this Part.
Offences in relation to warranties or certificates of analysis
72. (1) A defendant who in any proceedings under this Part wilfully
applies to any article or substance a warranty or certificate of analysis given in
relation to any other article or substance shall be guilty of an offence.
(2) A person who, in respect of any article or substance sold by him, being
an article or substance in respect of which a warranty might be pleaded under
section 71, gives to the purchaser a false warranty in writing shall be guilty of
an offence, unless he proves that when he gave the warranty he had reason to
believe that the statements or description contained therein were accurate.
Sale, etc. by servants or agents
73. For the purpose of this Part, every person shall be deemed to sell,
offer, expose or advertise for sale, or have in his possession for sale, any food for
human consumption or drug for use by man, who sells, offers, exposes or
advertises for sale, or has in his possession for sale, such food or drug either on
his own account or as the servant or agent of some other person, and, where
such person is the servant or agent of some other person, such other person
shall, subject to the provisions of this Part, be under the same liability as if he
had himself sold, exposed or advertised for sale, or had in his possession for
sale, such food or drug.
Recovery of expenses incidental to taking of samples
74. (1) Where a person is convicted of an offence under this Part, the court may
order that all expenses incidental to the taking of any sample or the making of any
analysis or bacteriological or other examination of any food or drug in respect of
which the conviction is obtained shall be paid by the person convicted. (Amended
59 of 1970 s. 4)
(2) All such expenses shall be recoverable in the same manner as a fine is
recoverable.
Notification of convictions in newspapers
75. If any person is convicted of an offence under this Part relating to the sale
or preparation for sale of any food for human consumption or drug for use by man,
the Authority may cause to be published in any newspaper circulating in Hong
Kong- (Amended 10 of 1986 s. 24)
(a) the name of the offender;
(b) the address (if any) of the place at which the offence was committed;
(e) the nature of the offence; and
(d) the fine, forfeiture or other penalty imposed.
Protection of informers
76. Save as otherwise provided in this section, no information laid in respect of
any offence under this Part shall be admitted in evidence and no witness in any
proceedings for an offence under this Part shall be obliged or permitted to disclose
the name or address of any informer or state any matter which might lead to his
discovery, and, if any books, documents or papers which are in evidence or liable to
inspection in any such proceedings contain any entry in which any informer is
named or described or which might lead to his discovery, the court shall cause all
such passages to be concealed from view or to be obliterated so far as may be
necessary to- protect the informer from discovery, but no further:
Provided that, if the court after full inquiry into the case is satisfied that the
informer wilfully made in his information a material statement which he knew or
believed to be false, or did not believe to be true, or if it appears to the court that
justice cannot otherwise fully be done, it shall be lawful for the court to require the
production of the original information and permit inquiry and require full disclosure
concerning the informer.
Public slaughterhouses
76A. (1) The Authority may, by order published in the Gazette, designate any
premises as a public slaughterhouse. (Amended 9 of 19 76 s. 7)
(2) The abattoirs specified in the First Schedule to the Abattoirs (Urban
Council) By-laws (Cap. 132, sub. leg.) shall be deemed to have been designated as
public slaughterhouses.
(Added21 of 1973 s. 4)
Management of public slaughterhouses
76B. The management and control of every public slaughterhouse shall be
vested in the Authority.
(Added 21 of 1973 s. 4)
Regulations as to slaughtering and slaughterhouses
77. (1) The Authority may in relation to the slaughter of animals or birds for
food for human consumption make regulations prescribing or providing for
(a)the regulation or control (including prohibition) of slaughtering in any
place other than a slaughterhouse;
(b) the maintenance and cleanliness of slaughterhouses;
(c)the management and operation of slaughterhouses, including the
exclusion or removal of persons therefrom;
(d) the control of the admission of animals to slaughterhouses;
(e) the control of animals in slaughterhouses;
the examination, inspection and marking of animals intended for
slaughter;
(g)the methods, instruments and appliances which may be used when
slaughtering is carried out;
(h)the inspection and marking as fit for human consumption of the carcasses
and offals of animals slaughtered in slaughterhouses and restriction of the
use of such marks;
(i)the disposal, treatment, and processing of waste and by-products
resulting from the slaughter of animals or birds in slaughterhouses;
(Amended8of 1980s.37)
(j)control of the transport of carcasses, parts of carcasses, and offals from
any slaughterhouse to any other place;
(k)the conferring of powers on public officers or any public body to detain
animals and the carcasses and other parts of animals, to direct the
slaughter of animals, and to dispose of animals and the carcasses and
other parts of animals; (Added 16 of 1971 s. 2)
(l) in the case of public slaughterhouses-
(i) the payment of fees or charges for the use of any slaughterhouse or
for the use of any services provided therein or in connection therewith;
(ii) the persons by whom all or any of the activities of any
slaughterhouse may be carried on;
(iii) registration of owners of animals to be slaughtered;
(iv) the time within which animals shall be slaughtered;
(v) the maintenance of good order in slaughterhouses; (Amended 16 of
1971 s. 2)
(m) in the case of private slaughterhouses-
(i) the registration, licensing or prohibition thereof, and fees or charges
in connection with such registration or licensing;
(ii) requirements as to construction, lighting, ventilation and drainage,
and as to the periodic painting or limewashing, of the premises or any
parts thereof;
(iii) the control of fees or charges levied for the use of any such
slaughterhouse or for the use of any facilities provided thereat; and
(iv) the payment of fees or charges for the inspection of animals or
carcasses and for anything done in connection with or consequent on
any inspection. (Added 48 of 1969 s. 5. Replaced 17 of 1968 s. 2)
(2) No regulation made under this section relating to any public slaughterhouse
shall be so framed or construed as to deny to any religious community reasonable
facilities for obtaining as food the flesh of animals or birds slaughtered by the
method specially required by their religion.
Power to seize and dispose of unfit carcasses of
slaughtered animals
78. (1) The Authority may seize, and dispose of in such manner as it may think
fit, the carcass, or any part of the carcass, of any animals received into a public
slaughterhouse for the purpose of slaughter for food for human consumption which
on examination is found to be diseased or unfit for human consumption, and no
compensation shall be payable to the owner of such carcass or any such part of any
such carcass.
(2) Where, in pursuance of the provisions of subsection (1), any carcass or any
part of any carcass is seized by the Authority, the Authority shall, before the same
is disposed of, cause to be recorded
(a)such description or other particulars as will suffice to identify such
carcass or such part of such carcass; and
(b) the grounds upon which the seizure was effected.
(3) If any person considers himself aggrieved by the seizure of any carcass or
any part of any carcass under the provisions of subsection (1), he may, within 72
hours after such seizure was effected, complain to the court and the court may
confirm or disallow the seizure, either wholly or in part, and shall, in the case of any
seizure disallowed, or disallowed in part, order the Authority to restore the carcass,
or the part of the carcass, which has been seized, either as to the whole or as to such
part in respect of which the seizure was disallowed, or, if the carcass or the part of
the carcass in question has been disposed of or is no longer fit for human
consumption, as the case may be, or is depreciated in value by reason of the seizure,
order the Authority to pay by way of compensation such sum of money, not
exceeding the market value of such carcass or such part of the carcass at the time of
the seizure, as the court may, having regard to the circumstances, consider just.
PART VI
MARKETS AND HAWKERS
Markets
Markets to which Ordinance applies, etc.
79. (1) This Ordinance shall apply to every market, being a market in which food
is sold, which is declared by the Authority to be a market to which the Ordinance
applies.
(2) In relation to any market situated in the Regional Council area, the Authority
may declare the area to be served thereby. (Amended 10 of 1986 s. 7)
(3) The Authority may, by order published in the Gazette, designate as a public
market any market to which the Ordinance applies.
(4) The markets specified in the Tenth Schedule shall be deemed to have been
designated as public markets.
(5) The Authority may, by order published in the Gazette, amend, add to, or
delete from, the Tenth Schedule.
(Amended 21 of 1973 s. 5; 9 of 1976 s. 8)
Management of public mar ' kets
79A. The management and control of every public market shall be vested in the
Authority.
(Added 21 of 1973 s. 6)
Regulations in relation to markets
80. (1) The Authority may make regulations in relation to public markets and
private markets prescribing or providing for
(a)the grant by lease, licence or permit to any person, or any group or class
of persons, of the right to possess or to use shops, stalls, sheds, pens or
standings therein;
(b)the control (including prohibition) of the kinds or classes of commodities
which may be sold, offered or exposed for sale, and of the kinds of
business or occupation for gain which may be carried on, in any market;
(c)the proper management and sanitary maintenance of markets, including
the manner of sale, or exposure for sale in, or the transport in, to or from,
any market of any kind of commodity;
(d)the prohibition of persons convicted of such. offences as may be
specified in any such regulation from carrying on any business, or being
employed in or taking part in any business, in any market;
(e)such other matters as, in the opinion of the Authority, are necessary for
the proper regulation and control of such markets in the public interest.
(2) The Authority may make regulations in relation to private markets
prescribing or providing for-
(a)the licensing or registration of the operation of any such market, and
fees or charges in connection therewith;
(b)the management of any such market and the control and
appropriation of the funds derived from or in connection with any
such market;
(c)the type and construction of any shop, stall, shed, pen or standing in
any such market.
Market rules
81. (1) The Director of Urban Services, or such other public officer as the
Governor may authorize by notice published in the Gazette, may in relation to
any market in the Urban Council area, and the Director of Regional Services or
such other public officer as the Governor may so authorize may in relation to
any market in the Regional Council area, make rules for the better control,
direction and information of persons using or resorting to such market:
(AmendedL.N. 67185; 10 of 1986 s. 8)
Provided that such rules shall not be inconsistent with any of the provisions
of this Ordinance or of any regulations made under the provisions of section 80.
(2) Any person who fails to comply with any rule made under the
provisions of this section shall be guilty of an offence.
Seizure and forfeiture of articles, etc. in markets
82. (1) Without prejudice to the provisions of section 59, where in any
market it appears to any police officer or to any public officer authorized in that
behalf by the Authority that any of the provisions of any regulation made under
section 80 have been contravened in respect of any article or thing sold in such
market or any furniture or paraphernalia used in such market, such police
officer or such public officer may seize, carry away and detain at the owner's risk
such article or thing or such furniture or paraphernalia, whether or not the
owner thereof is known or can be found:
Provided that, in the case of any such article or thing which is perishable,
the Commissioner of Police or the Authority, as the case may be, may cause the
same to be sold or otherwise disposed of forthwith.
(2) Where any article or thing or any furniture or paraphernalia is seized
under the provisions of subsection (1), a notice, written in the Chinese language,
declaring the seizure shall be posted in a conspicuous place in the market.
(3) If, within 48 hours of the posting of such notice, the owner of such
article, thing, furniture or paraphernalia makes a claim to the Authority for its
return, the Authority shall, if it is satisfied that the claimant is the owner thereof
and if the same is not detained or otherwise dealt with under the provisions of
any other enactment or required as an exhibit in any proceedings, return such
article, thing, furniture or paraphernalia to the claimant or, if it has been sold or
otherwise disposed of under the provisions of the proviso to subsection (1), pay
to the claimant such sum by way of compensation as it may consider just.
(4) If no claim for the return of such article, thing, furniture or paraphemalia is
made to the Authority within 48 hours of the posting of such notice, such article,
thing, furniture or paraphernalia shall become the property of the Crown and may be
sold or otherwise disposed of in such manner as the Commissioner of Police or the
Authority, as the case may be, shall direct:
Provided that
(a)nothing in this subsection shall be construed to prevent the immediate
disposal of perishables under the provisions of the proviso to subsection
(1); and
(b)any person who considers himself aggrieved by such seizure may, within
7 days thereafter, complain to the court, and the court shall, if satisfied
(i) as to the title of the complainant; and
(ii) that no such contravention occurred in respect of the article, thing,
furniture or paraphernalia in respect of which the complaint is made, direct
either that the same be returned to the complainant or, if it has been sold
or otherwise disposed of, that such sum by way of compensation be paid
to the complainant as it may consider just.
Hawkers
Interpretation for the purposes of sections 83A to 86D
83.For the purposes of sections 83A to 86D-
'commodity' means any goods, wares, or merchandise (including food and drink);
and includes any sample of any such goods, wares, or merchandise;
'equipment' includes any stall, table, stool, chair, utensil, container, bin, or other
furniture or paraphernalia used in connection with hawking; but does not
include any commodity sold, or offered or exposed for sale, by a hawker;
'hawker offence' means an offence against section 83B or against any regulations
made under section 83A;
'stall' includes any erection, structure, box, cart, barrow, trolley, bicycle, tricycle, or
van.
(Replaced 60 of 1972 s. 2)
Regulations relating to hawkers
83A. (1) The Authority may make regulations for all or any of the following
purposes
(a)providing for the licensing of hawkers;
(b)providing for the classification of hawkers;
(c)restricting or prohibiting hawkers from carrying on business in any
special place or area or otherwise than in any specified place or area;
(d)regulating or prohibiting the hawking of any specified commodities or
services;
(e)prescribing conditions subject to which licensed hawkers may operate;
(f)providing for the employment by licensed hawkers of deputies and
assistants;
(g)providing for the allocation of pitches to licensed hawkers, and for the
erection by any such hawkers of stalls thereon, subject to such conditions
as the Authority may specify (either generally or in any specific case);
(h)providing for the removal of hawkers and their equipment and
commodities;
(i)providing for the court, on convicting a hawker of a hawker offence, to
recommend to the Authority that the licence (if any) of the hawker be
cancelled or suspended;
(j)prescribing fees and charges in respect of licences and in respect of the
allocation and use of hawker pitches;
(k)providing for such other matters as may be necessary for the proper
regulation and control of hawkers.
(2) Any regulation made under subsection (1)(c) relating to the restriction or
prohibition of hawkers carrying on business in any specified place or area, or
otherwise than in any specified place or area, may provide that the place or area be
prescribed by the Urban Council in relation to the Urban Council area or the
Regional Council in relation to the Regional Council area by order published in the
Gazette, and may, in addition to publication in the Gazette, provide for any other
means of making the place or area known to the public. (Amended L.N. 67/85; 10 of
1986 s. 9)
(Added 60 of 1972 s. 2)
Commissioner for Transport may set aside streets for
hawking purposes
83B. (1) No person shall hawk in any street except in accordance with a licence
issued under regulations made under section 83A. (Replaced 28 of 1973 s.2)
(2) (Repealed 28 of 1973 s. 2)
(3) Any person who contravenes subsection (1) shall be guilty of an offence.
(Amended28of 1973s.2)
(4) The Commissioner for Transport may from time to time, after consultation
with the Authority and the Commissioner of Police, declare in writing that the whole
or any part of a street may be set aside to be used for hawking purposes, and shall
give notice of any such declaration
(a) by publishing it in one issue of the Gazette;
(b) by publishing it in 3 consecutive issues of at least one English language
newspaper and one Chinese language newspaper;
(c)by causing copies of it to be exhibited in one or more conspicuous places
in or in the immediate vicinity of the street.
(5) On the requirements of subsection (4) being satisfied-
(a)the Authority may allocate pitches in the street to hawkers (other than
itinerant hawkers) licensed under regulations made pursuant to section
83A, subject to such conditions as may be specified by the Authority;
(b)the Commissioner for Transport may, if he thinks necessary, by further
notice in the Gazette, order that
(i) the street be closed to vehicular traffic; or
(ii) the street be closed to vehicular traffic travelling in such direction
as he specifies in the notice,
either at all times or at such times as he specifies in the notice.
(6) On making an order under subsection (5)(b), the Commissioner for
Transport shall cause to be erected pursuant to the Road Traffic Ordinance (Cap.
374) at each entrance to the street appropriate signs indicating the closure in
accordance with the order.
(7) No action shall lie against the Crown, the Commissioner for Transport, the
Authority, or any public officer by reason only of the exercise of the powers
conferred by this section.
(8) Where under subsection (4) only part of a street is set aside, every
reference in this section to the term 'street' shall be construed as meaning the part
of the street so set aside.
(Added 60 of 1972 s. 3)
Power of authorized public officers to arrest in certain
cases
84. (1) Any public officer authorized in writing in that behalf by the Authority
may arrest without warrant any person whom he may reasonably suspect of being
guilty of any scheduled offence.
(2) If any person forcibly resists the endeavour of any such officer to arrest him
or attempts to evade the arrest, such officer may use all means necessary to effect
the arrest.
(3) If any such officer who is in pursuit of any person to be arrested has reason
to believe that such person has entered into or is in any place, the person residing
in or in charge of such place shall on demand of such officer allow him free ingress
thereto and afford reasonable facilities for search therein for such person.
(4) The Governor in Council may by order amend, or add any enactment to or
delete any enactment from, the First Schedule.
(Amended 32 of 1963 s. 4)
Procedure for dealing with arrested person, etc.
85. (1) Any person (hereinafter referred to as an arrested person) who is
arrested under section 84(1) by a public officer shall forthwith be taken to the
nearest police station or given into the custody of a police officer. (Amended
77 of 1979 s. 2)
(2) Whenever an arrested person is brought to the police station the
provisions of section 52 of the Police Force Ordinance (Cap. 232) shall apply.
(3) (Repealed 77 of 1979 s. 2)
(4) Whenever an arrested person is given into the custody of a police officer,
the provisions of sections 51 and 52 of the Police Force Ordinance shall apply.
(Replaced 32 of 1963 s. 5)
Seizure of hawker equipment and commodities from
alleged offenders
86. (1) A public officer authorized in writing by the Authority for the purposes
of this section or a police officer may seize any equipment or commodity in respect
of which he has reason to believe that a hawker offence has been committed, and
may cause such equipment or commodity to be removed to and kept at the risk of its
owner at a Government depot or police station, or any other place approved by the
Authority, pending its disposal under this Part. (Amended 28 of 1973 s. 3)
(2) Any commodity of a perishable nature seized under subsection (1) may
immediately be disposed of by the Commissioner of Police or the Authority, as the
case may be.
(3) Where any equipment or commodity has been seized under subsection (1)
and a claim is made in respect of the equipment or commodity within 48 hours after
the date of the seizure, the Commissioner of Police or the Authority, as the case may
be, unless an information is laid within 72 hours after the date of the seizure for a
hawker offence in respect of the equipment or commodity, shall, if satisfied that the
claimant was entitled to the possession of the equipment or commodity at the time of
the seizure
(a) return the equipment or commodity to the claimant; or
(b)in the case of a perishable commodity disposed of under subsection (2),
assess its value and pay to him the amount of that value.
(4) Where a claim under subsection (3) is refused, the claimant shall be
informed of his rights under section 86C.
(5) Where an information is laid within 72 hours after the date of seizure for an
ofrence in respect of any equipment or commodity seized under subsection (1), the
equipment or commodity, or, in the case of a perishable commodity that has been
disposed of under subsection (2) by way of sale, the proceeds of sale, shall be
retained pending disposal under section 86A.
(Replaced 60 of 1972 s. 4)
Forfeiture of hawker equipment and commodities by the
court
86A. (1) Where any person is convicted of a hawker offence in respect of any
equipment or commodity seized under section 86(1), the informant shall inform the
court of the seizure and thereupon the court shall, in addition to any other penalty--
(a)order the forfeiture of the equipment or commodity, or, in the case of a
perishable commodity disposed of under section 86(2) by way of sale, the
proceeds of sale, if the offence is one designated for the purposes of this
subsection by regulations made under section 83A; or (Amended L.N.
244/72)
(b)unless it finds and specifies special reasons, which reasons shall be special
to the facts of the case and not special to the offender as distinct from the
offence, shall, in the case of any other hawker offence, make such an order.
(2)Where-
(a)a person is charged with a hawker offence in respect of any equipment or
commodity seized under section 86(1) is acquitted; or
(b)on the hearing of any such charge the court finds special reasons under
subsection (1)(b) of this section,
the court shall, if it is satisfied that the person was lawfully entitled to possession of
the equipment or commodity at the time of the seizure, order that it be returned to
him or, in the case of a perishable commodity disposed of under section 86(2),
assess the value of the commodity and order that the amount of that value be paid
to him.
(3) If the court is not so satisfied, it may, on the application of any other person
claiming to be entitled to the equipment or commodity or of its own motion, make
such other order as it thinks fit disposing of the equipment or commodity, or, in the
case of a perishable commodity disposed of by way of sale, the proceeds of sale.
(Added 60 of 1972 s. 4)
Seizure of abandoned hawker equipment and commodities
86B. (1) A public officer authorized in writing by the Authority for the
purposes of this section or a police officer may seize any equipment or commodity
found in a public place which he has reason to believe has been abandoned by a
hawker in circumstances not appearing to him to involve the commission of a
hawker offence, and may cause such equipment or commodity to be removed to and
kept at the risk of its owner at a Government depot or police station, or any other
place approved by the Authority, pending its disposal under thisPart.
(Amended28of 1973s.4)
(2) Any commodity of a perishable nature seized under subsection (1) may
immediately be disposed of by the Commissioner of Police or the Authority, as the
case may be.
(3) Where any equipment or commodity has been seized under subsection (1)
and a claim is made in respect of the equipment or commodity within 48 hours after
the date of the seizure, the Commissioner of Police or the Authority, as the case may
be, shall, if satisfied that the claimant was entitled to the possession of the
equipment or commodity at the time of the seizure and was not guilty of an offence
in respect of it
(a) return the equipment or commodity to the claimant; or
(b)in the case of a perishable commodity disposed of under subsection (2),
assess its value and pay to him the amount of that value.
(4) Where a claim under subsection (3) is refused, the claimant shall be
informed of his rights under section 86C.
(Added 60 of 1972 s. 4)
Application to court for return of seized hawker
equipment or commodities
86C. (1) Where a claim in respect of any equipment or commodity is made
under section 86 or 86B within the permitted time and
(a)the claim is refused; or
(b)the claimant is dissatisfied with the amount of any payment made to him
under either of those sections,
an application may be made within 14 days of the refusal or payment to a court for
an order for the return of the equipment or commodity or, in the case of a
commodity disposed of under section 86(2) or B(2) for an assessment of the value
of the commodity and for an order for the payment of the amount of that value or, as
the case may be, the difference between the amount already paid and the amount of
the value.
(2) Where an application is made under subsection (1), the court may, after first
having given the person refusing the claim under section 86 or 86B an opportunity
of being heard, make the order sought if it is satisfied that the applicant at the time
of the seizure--
(a)was entitled to possession of the equipment or commodity; and
(b)intended using the equipment or commodity for a lawful purpose.
(3) If the court makes the order sought, it may award to the applicant such sum
against the Crown by way of costs as it thinks fair and reasonable.
(4) If the court does not make the order sought, it may, of its own motion, make
such other order as it thinks fit disposing of the equipment or commodity, or, in the
case of a perishable commodity disposed of by way of sale, the proceeds of sale.
(Added 60 of 1972 s. 4)
Forfeiture by operation of law
86D. Where
(a)no claim is made under section 86 or 86B in respect of any equipment or
commodity seized under either of those sections within 48 hours after the
date of the seizure; or
(b)such a claim having been made and refused, no application is made under
section 86C(I) in respect of the equipment or commodity within 14 days
after the date of refusal,
the equipment or commodity, or, in the case of a perishable commodity that has
been disposed of under section 86(2) or 86B(2) by way of sale, the proceeds of sale,
shall, unless the equipment or commodity has previously been returned to
the person lawfully entitled to possession thereof or retained for disposal by the
court under section 86A, be deemed on the expiry of the period of 48 hours or 14
days, as the case may be, to be forfeited to the Crown.
(Added 60 of 1972 s. 4)
PART VII
TENEMENTS, HOTELS AND BOARDING
HOUSES
Abatement of overcrowding
87. (1) Any premises used for the purpose of human habitation or any part of
any such premises which are so overcrowded as to be dangerous or injurious to the
health of the inmates thereof, whether members of the same family or not, shall be a
nuisance which may be dealt with summarily under the provisions of section 127.
(2) In considering for the purpose of any proceedings whether any premises
used for human habitation which are also used as a workplace are a nuisance by
reason of overcrowding, the court shall have regard to the circumstances in which
they are used as such workplace.
(3) For the purposes of this section, the expression 'premises' includes
'vessel'.
Regulations in relation to overcrowding
88. (1) Without prejudice to the provisions of section 87, the Authority may
make regulations in relation to overcrowding or protection of health prescribing or
providing for
(a)the control of the number of persons who may at any one time occupy,
work in or use any premises or any part of any premises;
(b)the separation of the sexes occupying the same premises or the same part
of any premises for the purpose of habitation;
(c)the control (including prohibition) of the use for any specified purposes
of any premises or any part of any premises;
(d)the proper access of light and ventilation to premises or any part of any
premises;
(e)the control (including prohibition) of the erection, alteration or
maintenance of verandahs, balconies, cocklofts, cubicles, partitions,
bunks, beds or other facilities provided for the accommodation of persons
in any premises or part of any premises used for human habitation.
(2)Regulations made under subsection (1)-
(a)may be of general application or be limited to any particular premises or
classes or kinds of premises or to any particular districts or areas; and
(b) may require the closing of any premises or parts of any premises which
are found to be injurious or dangerous to health under section 12(1)(a) of
which are found to be occupied or used for human habitation in
contravention of the provisions of the Buildings Ordinance (Cap. 123).
(3) Regulations made under this section shall not apply to any notifiable
workplace under the Factories and Industrial Undertakings Ordinance (Cap. 59).
(Amended50 of 1985 s. 9)
Removal of obstructions to light, ventilation or dwelling
space
89. Where, in contravention of any of the provisions of any regulation made
under section 88, any light or ventilation is obstructed, either wholly or in part, or
any verandah or balcony is enclosed or altered, or any cockloft, cubicle, partition,
bunk, bed or other facility for accommodation is erected or maintained, the court
may, in addition to imposing any other penalty which may be prescribed, order the
removal of such obstruction to light or ventilation or such enclosure or alteration to
such verandah or balcony or such cockloft, cubicle, partition, bunk, bed or other
facility, as the case may be, and, if such order is not complied with within the time
specified therein, the Authority may execute, or cause to be executed, such work as
may be necessary to satisfy the requirements of such order and may recover from
the person to whom such order was directed any expenses thereby incurred, and no
compensation shall be payable to any person in respect of any damage done in the
carrying out of such work by or on behalf of the Authority.
Regulations in relation to boarding houses
90. The Authority may make regulations in relation to boarding houses
prescribing or providing for
(a)the classification of kinds or types of boarding houses;
(b)the inspection of boarding houses;
(c)the proper management and sanitary maintenance of boarding houses and
the taking of bonds, with or without sureties, in respect thereof from
persons keeping or managing the same;
(d)the number of persons who may occupy or be received into any boarding
house or any part of any boarding house, and the separation of the sexes
therein;
(e)the promotion of cleanliness and ventilation in boarding houses, and the
periodical cleansing, painting or lime-washing thereof;
the reporting of cases of communicable disease occurring in boarding
houses and the taking of precautions in respect thereof;
(g)the registration or licensing (including prohibition) of boarding houses,
and fees or charges in connection therewith.
Power of entry to boarding houses
91. (1) Notwithstanding anything contained in section 126, the Authority or the
Commissioner of Police, or any public officer or class of public officers authorized in
writing in that behalf by either of them, or any health officer, may at any time, for the
purpose of the execution of (and without prejudice to any powers conferred by any
other enactment) his public duties, enter and search any boarding house, or any
premises or part of any premises in respect of which there is reason to believe that
the same is being used as a boarding house, and may use such reasonable force as
may be necessary to effect such entry or such search.
(2) Any person carrying out a search of any premises under the provisions of
subsection (1), and any person authorized by him to assist, may
(a)detain any person found in such premises until the search thereof is
completed; and
(b)search the person or property of any person found in any such premises:
Provided that-
(i) no female person shall be searched except by a female; and
(ii) no person shall be searched in a public place if he objects to being
so searched; and
(c)seize, remove and detain any thing with respect to which the provisions of
any regulation made under section 88 have been, or appear to have been,
contravened, or which appears to be, or to contain, evidence of any such
contravention.
Forfeiture of bonds
92. Upon the failure of any condition of any bond taken pursuant to the
provisions of any regulation made under section 90, the sum secured by such bond
shall be deemed to be a debt due to the Crown.
PART VIIA
LICENSING OF CERTAIN
ACTIVITIES
Prohibition of certain activities without licence
92A. No person shall conduct or open or keep open any place for the purpose
of any activity specified in the Eleventh Schedule except under and in accordance
with a licence issued by the Authority.
(2)
92AA.
Regulations relating to licensed activities
92B. The Authority may make regulations for any of the following matters
(a)the regulation and control of any activity or place in which any such
activity specified in the Eleventh Schedule may be conducted;
(b)classifying for the purposes of paragraph (a) any place or activity for
which a licence may be issued;
(c)the particulars which an applicant for any licence granted under this Part
shall furnish;
(d)the form and conditions of any licence granted under this Part, the fees
therefor, the hours during which the activity licensed may be conducted
and the period for which such licence shall be issued;
(e)the lighting to be used in any place licensed under this Part and the
general specifications and requirements to be satisfied in respect of such
lighting, or to empower any specified officer to determine, at the time of
the issue or renewal of any licence, the particular specifications and
requirements to be satisfied in respect of such lighting in the place to
which the licence relates;
(f)precautions to be taken against fire in any place licensed under this Part;
(g)maintenance of peace and good order in any place licensed under this
Part;
(h)means of securing hygienic conditions and requiring the maintenance of
such conditions in any place licensed under this Part;
(i)entry and inspection of any place licensed under this Part by any officer
authorized by the Authority in that behalf.
Offences
92C. (1) Any person who
(a)fails to comply with any condition in a licence; or
(b)in an application for a licence, furnishes any information which he knows
or has reason to believe to be false in any material particular or by reason
of the omission of any material particular or furnishes any information
without any belief in the truth or accuracy of the information supplied,
shall be guilty of an offence.
(2) Any person who contravenes section 92A shall be guilty of an offence.
(Added 9 of 1976 s. 9)
Liability of agents and servants
92D. Whenever any person to whom any licence or permit or authority has
been issued or granted under this Part would be liable to any punishment, penalty
or forfeiture for any act, omission, neglect or default, he shall be liable
to the same punishment, penalty or forfeiture for every similar act, omission, neglect
or default of any agent or servant employed by him in the course of his business,
and every such agent or servant shall also be liable to every punishment, penalty or
forfeiture prescribed for such acts, omissions, neglects or defaults as fully and
effectually as if he had been the person to whom the licence or permit or authority
had been issued or granted.
Saving
92E. The provisions of this Part shall be in addition to and not in derogation of
the provisions of any other enactment relating to or affecting any place, trade,
business or occupation with respect to which this Part applies. (Part VIIA added 21
of 1973 s. 7)
PART VIII
VENTILATION OF CERTAIN
PREMISES
Power of Authority to require provision of ventilating
system in scheduled premises
93. (1) Save as provided in subsection (2) and section 101, where, in the opinion
of the Authority, any scheduled premises do not have adequate natural ventilation,
the Authority may, by notice in writing served on the owner or on the licensee of the
scheduled premises, require such premises to be provided with a ventilating system
which will provide for each person who may be accommodated in such premises an
amount of outside air not less than that specified in the second column of the
Second Schedule in respect of the class of premises to which such premises belong.
(Amended 32 of 1963 s. 7)
(2) Where, in the opinion of the Authority, a ventilating system which will
provide an amount of air less than that prescribed in subsection (1) will, in
conjunction with such natural ventilation as is available in any scheduled premises,
adequately ventilate such premises, the Authority may, by notice in writing served
on the owner or on the licensee of the scheduled premises, require such premises to
be provided with a ventilating system which will provide for each person who may
be accommodated in such premises such amount of outside air as may be specified
in such notice. (Amended 32 of 1963 s. 7)
(3) Notwithstanding the provisions of any enactment under which such
premises are licensed, the licensing authority may revoke the licence issued or
granted by it in respect of any scheduled premises, either temporarily or
permanently, in the following cases-
(a)in the event of any failure to comply with the requirements of a notice
given in respect of such premises under the provisions of subsection (1)
or (2) within 6 months from the date thereof or within such further period
as the Authority may allow;
(b)in the event of any failure to comply with any conditions imposed
under the provisions of section 101. (Added 61 of 1974 s.5)
(4) Any licensee or owner of any scheduled premises who fails to comply with
the requirements of a notice under subsection (1) or (2) within 6 months from the
date thereof, or within such further period as the Authority may allow, shall be
guilty of an offence. (Added61of1974s.5)
(5) For the purposes of this Part, the expression 'licensing authority' means
the public officer or public body by whom or which any scheduled premises are, for
the time being, licensed under the provisions of any enactment. (Added 61 of 1974
s. 5)
Certificate to be delivered to Authority in respect of new
ventilating systems, and prohibition of alteration of
ventilating system without permission
94. (1) Before any new ventilating system is installed in any scheduled
premises, the licensee of the premises shall send to the Authority a certificate from
the supplier of the ventilating system containing the following particulars in respect
thereof--
(a) the capacity of the fan in cubic metres per minute;
(b) the outlet velocity of the fan in metres per minute;
(c) the designed operating static pressure of the fan in pascals;
(d) the speed of the fan pulley in revolutions per minute;
(e) the net area of the air intake;
(f) except where the premises are air-conditioned with positive pressure, the
net area of exhaust in square metres; and (Added 48 of 1969 s.6)
(g) the type of refrigerant (if any) to be used. (Added 61 of 1974 s. 6)
(Amended L.N. 89/79)
(2) Save with the permission in writing of the Authority, no alteration shall be
made to any ventilating system in any scheduled premises.
(3) Any supplier who furnishes to the licensee of any such premises, for the
purposes of this section, a certificate which is false or misleading shall be guilty of
an offence. (Replaced 32 of 1963 s. 8)
(3A) Any licensee of any scheduled premises who contravenes the provisions
of subsection (1) shall be guilty of an offence. (Added 61 of 1974 s. 6)
(3B) Any licensee or owner of any scheduled premises who contravenes the
provisions of subsection (2) shall be guilty of an offence. (Added 61 of 1974 s.6)
(3C) For the purposes of subsection (3B), 'owner' includes any person in
control of the scheduled premises whether as tenant thereof or under any licence
from a tenant thereof. (Added 61 of 1974 s. 6)
(4) In this section, 'supplier' means the importer or manufacturer of the
ventilation system and his authorized agent.(Added 32 of 1963 s. 8)
Regulations relating to ventilating systems in scheduled
premises
94A. (1) The Authority may make regulations for all or any of the fol-
lowing matters-
(a)the regulation and control of ventilating systems in scheduled
premises;
(b)imposing requirements as to the design, construction, operation,
maintenance and inspection of ventilating systems provided in
scheduled premises.
(2) Notwithstanding the provisions of any enactment under which such
premises are licensed, regulations made under this section may make provision
for the revocation of any licence, issued or granted by a licensing authority in
respect of scheduled premises, in the event of-
(a)a contravention of any such regulation or of any condition imposed
thereunder;
(b)a failure to maintain any standard of safety or efficiency imposed or
required thereunder.
(Added 61 of 1974 s. 7)
95-99. (Repealed 61 of 1974 s. 8)
Power of authorized officers to carry out tests
100. For the purposes of the provisions of this Part, any public officer
authorized in writing in that behalf by the Authority and any officer of the Fire
Services Department authorized in writing by the Director of Fire Services may
carry out such tests of the ventilating system in any scheduled premises as may
be necessary to ascertain whether or not the same is in safe and efficient working
order.
(Amended 42 of 1961 s. 2)
Application of Part VIII to premises provided with
ventilating systems at commencement of Ordinance, etc.
101. (1) Where, at the commencement of this Ordinance, any scheduled
premises are provided with a ventilating system, the provisions of section 93 and
any regulations made under section 94A shall not apply to such premises unless
and until-
(a)the number of persons who may be accommodated in such premises is
increased;
(b)the ventilating system is removed or is altered in any way; or
(c)the Authority is of opinion that the ventilating system constitutes a
danger to health or the Director of Fire Services considers it to be a
fire hazard. (Amended 61 of 1974 s. 9)
(2) Upon the application of section 93 and any regulations made under
section 94A to any such premises, the Authority may, subject to such conditions
as it may specify, grant such exemption from or such modifications of the
provisions of this Part as it thinks fit. (Amended 61 of 1974 s. 9)
(3) Any licensee or owner of any scheduled premises who fails to comply with
any condition specified under subsection (2) shall be guilty of an offence. (Added
61 of 1974 s. 9)
Amendment of Second Schedule
102. The Governor in Council may by order add any class of premises to, or
delete any class of premises from, the Second Schedule, and may in like manner
amend that Schedule.
Saving in relation to Buildings Ordinance
103. Nothing in this Part shall be taken or construed to the prejudice of the
provisions of the Buildings Ordinance (Cap. 123).
PART IX
ADVERTISEMENTS, DECORATIONS AND
SIGNS
Regulations for control of advertisements
104. (1) Without prejudice to any other enactment relating to advertisements,
decorations or signs, the Authority may make regulations restricting, regulating or
prohibiting the exhibition of advertisements, decorations or signs of any kind
whatsoever, and, in particular, may make regulations restricting, regulating or
prohibiting the exhibition thereof in such places or in such manner or by such
means as, in the opinion of the Authority, may affect injuriously or disfigure--
(a)the amenities of any place or locality;
(b)the natural beauty of a landscape;
(c)the view from any highway, railway, tramway, ferry or from any public
place or water;
(d)the amenities of any village; or
(e)the amenities of any historic or public building or monument or of any
place frequented by the public solely or chiefly on account of its beauty
or historic interest.
(2) Regulations made under this section may, in addition to any penalties
prescribed, provide for the removal and disposal of any advertisement, decoration
or sign exhibited in contravention of any regulation made under subsection (1) and
for the recovery of any expenses incurred thereby.
(3) Regulations made under this section may be of general application or may
be restricted to certain areas or to certain types or classes of advertisements,
decorations or signs:
Provided that, where the application of any such regulation is restricted to
certain areas only, such areas shall be distinctly marked and shown on plans signed
by or on behalf of the Authority and deposited in the offices of the Authority, and
such plans shall at all reasonable times thereafter be open for inspection by the
public without charge.
Prohibition on display of bills or posters without
permission
104A. (1) No bill or poster shall be displayed or affixed
(a)on any private land, except with the written permission of the owner or
occupier thereof;
(b)on any Crown land, except with the written permission of the Authority.
(2) A person displaying or affixing a bill or poster in contravention of
subsection (1) commits an offence.
(Replaced 7 of 1980 s. 2)
Duty to maintain bill or poster in clean and tidy condition
104B. (1) Where a bill or poster is displayed on any private land or on any
Crown land, the bill or poster shall be maintained in a clean and tidy condition to the
reasonable satisfaction of the Authority.
(2) A person displaying a bill or poster in contravention of subsection (1)
commits an offence.
(3) A person prosecuted for an offence under this section shall not be
convicted of that offence unless prior to the commencement of the prosecution the
Authority served on him a notice in writing informing him of the condition of the bill
or poster and warning him that unless the bill or poster is removed within the period
specified in the notice (being not less than 24 hours) he may be liable to be
prosecuted.
(Added 7 of 1980 s. 3)
Power to remove bills and posters
104C. (1) Where
(a)a bill or poster is displayed in contravention of section 104A(1); or
(b)a bill or poster is not maintained in a clean and tidy condition as required
under section 104B(1),
the Authority may remove the bill or poster and may recover the cost of removal
from the person displaying the bill or poster as a civil debt.
(2) Where any person is convicted of an offence under section 104A(1) or
104B(1) the court by whom that person is convicted may order him to pay, in
addition to or in lieu of any penalty for which he is liable for that offence, the cost or
estimated cost of removing the bill or poster in respect of which the offence was
committed.
(3) Where a bill or poster to which subsection (1)(a) or (b) applies is displayed
on private land, nothing in this section shall derogate from any cause of action or
remedy which the owner or occupier of that land may be able to enforce against the
person who displays the bill or poster.
(Added 7 of 1980 s. 3)
Certain persons also deemed to display bills or posters
104D. (1) Where a person commits an ofrence against section 104A(1) the
following persons shall be guilty of that offence in the same manner and to the same
extent as if they had personally committed it
(a)any other person who uses the first-mentioned person to display or affix
the bill or poster; and
(b)any person whose goods, trade, business or other concerns are given
publicity by the bill or poster:
Provided that a person referred to in paragraphs (a) and (b) shall not be guilty
of an offence under section 104A(1) by reason only that he uses the person to
display or affix the bill or poster or that his goods, trade, business or other concerns
are given publicity by the bill or poster, if he proves that it was displayed or affixed
without his knowledge or consent.
(2) For the purposes of sections 104B and 104C a person shall be deemed to
display a bill or poster if
(a)the bill or poster is displayed on land of which he is the owner or occupier;
or
(b)the bill or poster gives publicity to his goods, trade, business or other
concerns:
Provided that a person shall not be guilty of an offence under section 104B or
be liable for the cost of removal under section 104C by reason only that the bill or
poster is displayed on land of which he is the owner or occupier, or that his goods,
trade, business or other concerns are given publicity by the bin or poster, if he
proves that it was displayed without his knowledge or consent. (Added 7 of 1980 s.3)
Definitions and saving for other enactments
104E. (1) In sections 104A, 104B and 104C 'Authority' means
(a)in respect of any land within the boundaries of the airport as defined in the
Hong Kong Airport (Regulations) Ordinance (Cap. 292), the Director of
Civil Aviation;
(b)in respect of any land belonging to the Kowloon-Canton Railway
Corporation, the Kowloon-Canton Railway Corporation; (Replaced 73 of
1982 s. 39)
(e)in respect of any land managed or controlled by the Housing Authority
established by the Housing Ordinance (Cap. 283), the Housing Authority;
(d)in respect of any land within a country park or special area as defined in
the Country Parks Ordinance (Cap. 208), the Director of Agriculture and
Fisheries;
(e)in respect of any public cargo working area as defined in the Port Control
(Public Cargo Working Area) (Consolidation) Order (Cap. 81, sub. leg.)
and in respect of any land within the boundaries of any ferry terminal
declared under regulation 3 of the Shipping and Port Control (Hong Kong-
China and Macau Ferry Terminals) Regulations (Cap. 313, sub. leg.), the
Director of Marine; (Replaced 10 of 1986 s. 10)
(f)in respect of any land, whether private land or Crown land, in the Urban
Council area, not being land referred to in paragraph (a), (b), (c), (d) or
(e), the Urban Council; (AmendedL.N. 259180; 10of 1986 S. 10)
(g)in respect of any land, whether private land or Crown land, in the Regional
Council area, not being land referred to in paragraph (a), (b), (c), (d) or (e),
the Regional Council. (Amended L.N. 259180; L.N. 67185; 10 of 1986 s.
10)
(2) In sections 104A, 104B, 104C, 104D and in this section, 'land' includes--
(a) any building or other erection on land, whether a fixture or not;
(b) any tree, rock or other natural part of land; and
(c) land covered by water.
(3) In sections 104A, 104C and 104D 'occupier' means any lessee, principal
tenant or other person having direct control of the land.
(4) In this Part, 'bill or poster' includes any word, letter, model, sign, placard,
board, notice, device or representation and also includes any advertisement painted
on any wall, fence, railing, post, rock, road-cutting or tree but does not include any
structure, apparatus or hoarding used for the display of a bill or poster.
(5) Nothing in this Part, or in any permission granted under section 104A, shall
operate so as to affect any obligation or liability imposed or incurred under any
other enactment in relation to the display of any bill or poster.
(Added 7 of 1980 s. 3)
Provisions as to dangerous advertisement hoardings
105. (1) Where, in the opinion of the Building Authority, any hoarding,
scaffolding or other structure erected solely for the purpose of exhibiting
advertisements is dangerous, or is likely to become dangerous, by reason of
construction, wind, rain, dilapidation, age or other cause, and where, in the opinion
of the Director of Fire Services, any such hoarding, scaffolding or structure
constitutes a fire hazard or an obstruction to any fire escape or other means of exit
from any building, the Building Authority or the Director of Fire Services, as the
case may be, may serve upon the Authority a certificate to that effect, and the
Authority shall thereupon cause a notice to be served upon the owner of such
hoarding, scaffolding or structure, or upon his servant or agent, requiring him,
within such time as may be specified in the notice, to remove such hoarding,
scaffolding or structure or to do such work as may be specified in the notice to
repair or otherwise render the same safe or to eliminate the fire hazard constituted
thereby. (Amended 42 of 1961 s. 2; 32 of 1963 s. 12)
(2) If the person upon whom a notice is served under the provisions of
subsection (1) fails to comply with any of the requirements thereof, within the time
specified therein--
(a) such person shall be guilty of an offence; and
(b) the Authority may execute, or cause to be executed, any work necessary
to satisfy the requirements of the notice, and may recover any expenses
incurred thereby from such person.
(3) Where neither the owner of any such hoarding, scaffolding or
structure nor his servant or agent is neither known nor can be found within
Hong Kong, and where such hoarding, scaffolding or structure is, in the opinion
of the Building Authority or the Director of Fire Services, as the case may be, in
such a state that it ought immediately to be removed or rendered safe, the
Authority may without serving a notice under the provisions of subsection (1)
remove it or render it safe, as the case may be. (Amended 42 of 1961 s.2; 1O of
1986 s.24) i
(4) Where any hoarding, scaffolding or structure is removed by the Authority
under the provisions of subsection (3), the Authority may recover any expenses
incurred thereby from the owner of such hoarding, scaffolding or
structure or, where the owner thereof is unknown to, or cannot be readily found
or ascertained by the Authority or is absent
from Hong Kong, the Authority may sell the materials and, after deducting from the
proceeds of such sale such expenses, shall pay the surplus, if any, into the
Treasury. (Amended 71 of 1971 s. 3; 10 of 1986 s. 24)
(5) Any money paid into the Treasury in pursuance of subsection (4) which
remains unclaimed for a period of 5 years shall be transferred to the general revenue
of Hong Kong. (Added 71 of 1971 s. 3; 10 of 1986 s. 24)
PART IXA
STADIA
Provision for stadia
105A. (1) The Authority may by order published in the Gazette set aside any
premises for use as a stadium.
(2) The premises specified in the Twelfth Schedule shall be deemed to have
been set aside under subsection (1) for use as a stadium.
(3) The Authority shall, as soon as practicable, arrange for the preparation by
the Director of Buildings and Lands of a plan of every stadium. (Amended L.N. 76/82;
L.N. 94/86)
(4) Every plan prepared in accordance with subsection (3) shall be deposited in
the appropriate Land Office.
(5) The Authority may, by order published in the Gazette, amend, add to or
delete from, the Twelfth Schedule.
(Amended 9 of 1976 s. 10)
Management of stadia
105B. (1) Subject to section 105F, the management and control of any stadium
and the right to provide therein facilities of any kind shall be vested in the
Authority.
(2) The Authority may enter into contracts for the purpose of the management
of any stadium and the provision of facilities therein.
(3) The Authority may specify the purposes for which any stadium, or any part
thereof, may be used.
Allocation and granting of stadium or parts thereof
105C. (1) The Authority may grant to any person the exclusive use of any
stadium or any part thereof for such purposes and at such times as the Authority
may approve in each case.
(2) The person to whom the exclusive use of any stadium has been granted
under subsection (1) shall determine
(a)whether or not the public shall be admitted to the stadium during the
period of such exclusive use; and
(b)the fees, if any, to be paid by members of the public for admission during
this period.
Regulations relating to stadia
105D. The Authority may make regulations for any of the following matters
(a)the management and control, including the closing or partial closing, of
any stadium;
(b)the fixing of the times during which any stadium, or any part thereof, may
be open to members of the public;
(c)the preservation of good order and discipline and prevention of nuisance
in any stadium;
(d)the control (including prohibition) of trading, advertising or the erection of
structures in any stadium; the removal, storage and sale of any trading,
advertising or construction materials that are brought into or remain in a
stadium in contravention of any regulations made under this section; the
recovery of any costs incurred in respect of such removal, storage and
sale; and the forfeiture of the proceeds of sale. (Replaced 45 of 1981 s. 2)
Powers of Authority in relation to fees, conditions for the
use of stadia, etc.
105E. (1) The Authority may
(a) fix the fees to be paid for the use of-
(i) any stadium;
(ii) any part of any stadium;
(iii) any facilities provided therein;
(b) specify the conditions to be observed in the use of-
(i) any stadium;
(ii) any part of any stadium;
(iii) any facilities provided therein; and
(c)impose charges to be paid for any trading or advertising in the stadium.
(2) The Authority may reduce or waive any fees fixed under this section in any
particular case.
(3) The Authority may fix the fees to be paid by the public for admission to any
function in any stadium organized by the Authority.
Function of Director of Urban Services and Director of
Regional Services
105F. (1) Subject to any direction of the Authority, the Director of Urban
Services in relation to stadia in the Urban Council area, and the Director of Regional
Services in relation to stadia in the Regional Council area(Amended L.N. 67/85; 10 of
1986 s. 11)
(a)shall exercise the powers and perform the duties conferred or imposed on
the Authority by this Part, except the power to make regulations under
section 105D;
(b)may issue such orders as may be necessary for the proper management
and control of any stadium, including the use of any equipment, apparatus,
fitting or facility provided for use in the stadium:
Provided that no such order shall be inconsistent with any provision
of this Part or any regulation made under section 105D.
(2) A copy of every order made under subsection (1)(b) shall be posted in a
conspicuous place in the stadium.
(3) Any person who fails to comply with any order made under subsection
(1)(b) shall be guilty of an offence.
(Part IXA added 21 of 1973 s. 8)
PART IXB
MUSEUMS, LIBRARIES AND CIVIC
CENTRES
Museums
Provision for museums
105G. The Authority may, by order published in the Gazette, designate any
building, or part of a building, or area as a museum.
(Amended 9 of 1976 s. 10)
Management of museums
105H. (1) The management and control of every museum and the right to
provide therein facilities of any kind shall be vested in the Authority.
(2) The Authority may enter into contracts for the purpose of the management
of any museum and the provision of facilities therein.
(3) The Authority may specify the purposes for which any museum, or any part
thereof, may be used.
(Replaced 66 of 1982 s. 2)
Regulations relating to museums
105I. The Authority may make regulations for any of the following matters
(a)the fixing of days and hours during which the public may be admitted to a
museum, or any part thereof;
(b)the closing or partial closing of a museum;
(c)the regulation of admission of any person, animal, bird, fish or thing to a
museum, or any part thereof, (Amended 66 of 1982 s. 3)
(d)the regulation of the borrowing, copying, photographing or reproduction
of exhibits; (Amended 66 of 1982 s. 3)
(e)the regulation of the use of any exhibit or facility in a museum;
(f)the regulation of the conduct of persons and the prevention of nuisances
in a museum; (Amended 66 of 1982 s. 3)
(g)the protection of a museum and the exhibits, fittings and furniture therein,
and any other contents thereof, from damage, destruction or loss;
(ga) the assessment and recovery of
(i) the amount to be paid by way of compensation for any damage or
loss sustained by the Government, the Urban Council or the Regional
Council by reason of the fact that any part of, or any fitting, furniture or
other thing in, a museum, or any exhibit, has been damaged, destroyed or
lost; and (Amended 10 of 1986 s. 12)
(ii) a surcharge not exceeding 20% of such amount; (Added 66 of 1982
s. 3)
(h)the circumstances in which the Authority may refuse any person the use
of any facility in a museum;
(i)the circumstances under which any person may be refused entry into a
museum or directed to leave a museum, or any part thereof, (Amended 66
of 1982 s. 3)
(j)the terms and conditions under which any article may be brought into or
used within a museum;
(ja) the terms and conditions under which articles may be deposited in a
museum for safe-keeping whilst any person is in the museum; (Added 66
of 1982 s. 3)
(k) the control of the movement and parking of vehicles within a museum;
(ka) the control (including prohibition) of trading, advertising, the bringing of
display material or the erection of structures in any museum; the removal,
storage and sale of any trading, advertising, display or construction
materials that are brought into or remain in a museum in contravention of
any regulations made under this section; the recovery of any costs
incurred in respect of such removal, storage and sale; and the forfeiture of
the proceeds of sale; (Added 66 of 1982s.3)
(l) the prevention of obstruction of the staff of a museum in the performance
of their duties;
(m) appeal against any decision, direction or requirement made or given by a
public officer in accordance with regulations made under this section;
(n) the general regulation and management of a museum.
Powers of Authority to fix fees
105J. (1) The Authority may fix the fees to be paid by the public for-
(a)admission to any part of a museum;
(b)admission to any special exhibition or function organized by the
Authority in a museum;
(c)the use of any facilities provided in a museum.
(1A) The Authority may impose charges to be paid for any trading or
advertising in a museum. (Added 66 of 1982 s. 4)
(2) The Authority may, in any particular case, reduce or waive any fees fixed
under this section.
Libraries
Provision for and management of libraries
105K. (1) The Authority may, by order published in the Gazette, designate any
building, or part of a building, as a library. (Amended9of1976 S. 10)
(2) The management and control of every library shall be vested in the
Authority.
(3) The Authority may establish and maintain mobile libraries for the use of the
public.
(4) The Authority may set aside and use any part of a library for the purposes
of study or research, the holding of classes or exhibitions, the viewing or hearing of
library material, or for other like purposes of an educational or cultural nature, and in
connection therewith may provide the requisite equipment and facilities. (Added 50
of 1979 s. 3)
Regulations relating to libraries
105L. (1) The Authority may make regulations for any of the following
purposes
(a)prescribing the powers, duties and functions of the librarian;
(b)fixing the hours during which any library shall be open to the public;
(c)regulating admission to any library or any part thereof or the use of any
library or any part thereof or any of the equipment, facilities or library
material provided in any library;
(d)regulating the lending and borrowing of library material in any library;
(e)requiring a guarantee or security to be given by any person borrowing
library material from a library;
(f)regulating the conduct of persons in any library;
(g)protecting any library and the fittings, furniture, equipment and library
material therein, and any other contents thereof, from damage;
(h)providing for the assessment and recovery of-
(i) the amount to be paid by way of compensation for the loss or
damage sustained by the Government, the Urban Council or the Regional
Council by reason of the fact that any fitting, furniture, equipment or
library material has been lost, damaged or destroyed; and (Amended 10 of
1986 s. 13)
(ii) a surcharge not exceeding 20% of such amount;
(i)enabling any person to be refused the use of any library or any of the
equipment, facilities or library material in any library and the removal from a
library of any person;
(j)stipulating the terms on which articles may be deposited in a library for
safe-keeping whilst any person is in the library;
(k)providing for the fees, charges and penalties to be paid by any person in
respect of the borrowing of library material from any library, the use or
reservation of library material in any library, the deposit of articles in a
library for safe-keeping and the use of rooms, equipment or facilities
provided in any part of any library;
(l)providing for the general regulation and management of any library.
(2) Regulations under subsection (1)(k) may authorize the Urban Council in
relation to libraries in the Urban Council area, or the Regional Council in relation to
libraries in the Regional Council area, to determine from time to time by notice in the
Gazette all or any of the fees, charges and penalties mentioned in that subsection.
(Amended L.N. 67/85; 10 of 1986 s. 13)
(3) Nothing in this section shall be taken to authorize the infringement of
copyright in any library material.
(4) For the purposes of this section and any regulations made hereunder,
unless the context otherwise requires, the expression 'library' includes a mobile
library.
(Replaced 50 of 1979 s. 4)
Civic Centres
Provision for civic centres
105M. (1) The Authority may, by order published in the Gazette, set aside
any premises and the grounds appurtenant thereto for use as a civic centre.
(2) The premises specified in the Thirteenth Schedule shall be deemed to
have been set aside under subsection (1) for use as a civic centre.
(3) The Authority shall, as soon as practicable, arrange for the
preparation by the Director of Buildings and Lands of a plan of every
civic centre and the grounds appurtenant thereto. (Amended L.N. 76/82;
L.N. 94/86)
(4) Every plan prepared in accordance with subsection (3) shall be
deposited in the appropriate Land Office.
(5) The Authority may, by order published in the Gazette, amend, add to
or delete from, the Thirteenth Schedule.
(Amended 9 of 1976 s. 10)
Management of civic centres
105N. (1) The management and control of every civic centre and the right
to provide therein facilities of any kind shall be vested in the Authority.
(2) The Authority may enter into contracts for the purpose of the
management of any civic centre and the provision of facilities therein.
(3) The Authority may specify the purposes for which any civic centre, or
any part thereof, may be used.
(Replaced 45 of 1981 s. 3)
Regulations relating to civic centres
105O. The Authority may make regulations for any of the following
matters-
(a) the fixing of the days of the week and the hours of the day during
which any civic centre or any part thereof may be open to members of
the public;
(b) the regulation of the conduct of persons admitted to any civic centre
or any part thereof and for the removal therefrom of any person who
infringes any of the provisions of any regulation made pursuant to this
section;
(ba) the control (including prohibition) of trading, advertising or the
erection of structures in any civic centre; the removal, storage and sale
of any trading, advertising or construction materials that are brought
.into or remain in a civic centre in contravention of any regulations
made under this section; the recovery of any costs incurred in respect
of such removal, storage and sale; and the forfeiture of the proceeds of
sale;(Added 45 of 1981 s. 4)
(c)the general regulation and management of civic centres and any facilities
provided therein.
Powers of Authority to fix fees for civic centres
105P. (1) The Authority may
(a)fix the fees to be paid for, and specify the conditions to be observed in,
the use of all or any of the facilities provided in any civic centre or the use
of any part of a civic centre;
(b)fix the fees to be paid by the public for admission to any part of a
civic centre or to any function organized by the Authority in a civic
centre;
(c)impose charges to be paid for any trading or advertising in any civic
centre. (Added 45 of 1981 s. 5)
(2) The Authority may, in any particular case, reduce or waive any fees fixed
under subsection (1). (Added 45 of 1981 s.5)
Grant of use of civic centres
105Q. Notwithstanding any power to make regulations under section 1050 or
to specify conditions conferred by section 105P, the Authority may grant, either
gratuitously or for payment, to any person the exclusive use of any part of a civic
centre for such period or periods and for such purposes as the Authority may
consider fit in each case; and admission by the public to any such part, the
exclusive use of which has been so granted, shall be either with or without payment
as may be directed either by the Authority or, with the consent of the Authority, by
the person to whom the use thereof has been so granted.
Public meetings
105R. For the purposes of sections 105S and 105T, 'public meeting'
means
(a)any gathering or assembly of persons convened or organized for any
purpose; and
(b)any gathering or assembly of persons, whether or not previously
convened or organized, at which any person assumes or attempts to
assume control or leadership thereof,
but does not include any gathering or assembly of persons convened or
organized exclusively-
(i) for the purposes of any public body; or
(ii)for the purposes of carrying out any duty or exercising any power
imposed or conferred by any Ordinance.
Consent of Chief Secretary
105S. (1) Notwithstanding any grant made under section 105Q, if any
person uses any part of a civic centre for the purpose of any public meeting without
having obtained the prior consent thereto in writing of the Chief Secretary he shall
be guilty of an offence.
(2) Any consent of the Chief Secretary granted in pursuance of subsection
(1) may be withdrawn or granted subject to such conditions or restrictions as the
Chief Secretary may think fit.
(3) If, after the consent of the Chief Secretary has been obtained for the
holding of any public meeting to which the provisions of this section apply, any
of the purposes of such meeting in respect of which the consent was obtained is
materially altered or any new purpose is added thereto or if any condition or
restriction subject to which the consent was granted is not complied with, such
meeting shall be deemed to be held without the consent of the Chief Secretary as
required by subsection (1).
(4) The provisions of this section are in addition to and not in derogation
from the provisions of any other law requiring the licensing of public meetings.
(Amended L.N. 226/76)
Prevention of unauthorized public meetings in civic centres
105T. (1) Any public officer, or any duly appointed manager of a civic
centre, having reasonable grounds to believe that any public meeting has been
convened or is about to be convened in contravention of any of the provisions
of section 105S forthwith may-
(a)order any person who appears to him to be taking part in the
convening of such meeting, not to convene the meeting; or
(b)where such meeting has already been convened, order any persons
present at the meeting to disperse.
(2) Any person who refuses or fails to comply with any order given in
pursuance of subsection (1) may forthwith be removed from the precincts of the
civic centre.
(Part IXB added 21 of 1973 s. 8)
PART X
PUBLIC PLEASURE GROUNDS
Provision of public pleasure grounds
106. (1) The Authority may, from time to time, by order set aside places
for use as public pleasure grounds, and may by the same or any subsequent
order specify the purpose for which such grounds or any part thereof shall be
used.
(2) The places specified in the Fourth Schedule shall be deemed to have
been set aside under the provisions of subsection (1) for use as public pleasure
grounds.
(3) The Authority shall, as soon as practicable, prepare a plan of every
public pleasure ground.
(4) Where the boundaries of any public pleasure ground are so varied, or
such pleasure ground is otherwise so changed, as to render any plan deposited
in accordance with the provisions of subsection (5) no longer accurate, the
Authority shall withdraw the plan so deposited and shall, as soon as practicable,
prepare an amended plan or a new plan of such pleasure ground.
(5) Every plan prepared in accordance with the provisions of subsec-
tion (3) or (4) shall be deposited in the appropriate Land Office.
(6) The Authority may by order amend, or add to or delete from, the
Fourth Schedule.
(Amended 9 of 1976 s. 10)
Management and control of public pleasure grounds
107. (1) The general management and control of public pleasure grounds,
including the exclusive right to provide amenities of any kind, shall be vested in
the Authority.
(2) The Authority may demarcate playing fields and playing pitches for
the conduct of organized games and sports, construct tennis courts and make
such provision for other facilities for physical and other recreation as it may
consider fit.
(3) Subject to the provisions of section 106(1) and of subsection (4) the
Authority may, from time to time, specify the purpose for which any public
pleasure ground or any part of any such ground may be used, whether for the
provision of facilities for physical or other recreation or otherwise.
(4) The Governor, where he considers it necessary or desirable, may
require the Authority to refrain from using, or permitting the use of, any public
pleasure grounds or any part of any public pleasure grounds for any purposes
which may have been specified by it under the provisions of subsection (3).
(Replaced 32 of 1963 s. 13)
Temporary closure of public pleasure grounds, etc.
108. (1) The Authority may, from time to time and for any purpose,
temporarily close to the public the whole or any part of any public pleasure
ground.
(2) The Authority may, on the application of any school, club or
association or of any individual person, allocate to the same, either gratuitously
or on payment of a fee and on such days or for such periods as may be specified,
the exclusive use of-
(a)any playing field or playing pitch demarcated under the provisions of
section 107 for the conduct of organized games and sports;
(b)any tennis court in any public pleasure ground, any facilities provided
under the provisions of section 107 for physical or other recreation or
any other part of any public pleasure ground, other than a playing
field or playing pitch demarcated under the provisions of that section
for the conduct of organized games and sports.
Regulations relating to public pleasure grounds
109. The Authority may in relation to public pleasure grounds, make
regulations prescribing or providing for-
(a)proper management and control, including closure or partial closure;
(b)preservation of good order and prevention of abuses and nuisances;
(c)the control (including prohibition) of building, trading or advertising;
(d)the control (including prohibition) of fishing at any beach;
(e)the control (including prohibition) of the use of vessels, boats or other
means of water transport, including water-skis and models, at any beach;
(f)the fees or charges payable in connection with the use of any public
pleasure ground or any part thereof or in connection with the use of any
facilities provided therein;
(g)the seizure and disposal of any vehicle, vessel, animal or other article or
thing in respect of which any regulation made under this section is
contravened.
Public pleasure ground rules
110. (1) The Director of Urban Services, or such other public officer as the Governor
may authorize by notice published in the Gazette, may in relation to public pleasure
grounds in the Urban Council area, and the Director of Regional Services or such
other public officer as the Governor may so authorize may in relation to public
pleasure grounds in the Regional Council area, make rules for the better control,
direction and information of persons resorting to such public pleasure grounds:
(Amended L.N. 67/85; 10 of 1986 s. 14)
Provided that such rules shall not be inconsistent with any of the provisions of
this Ordinance or of any regulations made under section 109.
(2) Any person who fails to comply with any rule made under the provisions of
subsection (1) shall be guilty of an offence.
Appointment and powers of keepers
111. (1) The Authority may appoint keepers for public pleasure grounds.
(2) Where any person is found by a keeper of any public pleasure ground to be
contravening the provisions of any regulation, rule or order relating to such public
pleasure ground, such keeper may arrest such person and deliver him into the
custody of a police officer or take him to the nearest police station, whereupon the
provisions of sections 51 and 52 of the Police Force Ordinance (Cap. 232) or of
section 52 of that Ordinance, as the case may be, shall apply
PART XA
STREET NAMES
Interpretation of this Part
111A. In this Part, unless the context otherwise requires---
'private street' means a street on land held under Crown lease, licence or otherwise
from the Crown or on land over which the Crown has granted or reserved a
right of way;
'street' includes a private street and any area of land declared to be a street by
the Director of Highways. (AmendedL.N. 76/82; L.N. 127/86)
Proposal of private street name
111B. (1) Subject to subsection (2), a person may propose
(a) a name of a private street that has not been named; or
(b) a change of name of a private street that has been named, by notice in
writing sent to the Authority.
(2) No person other than the owner of the land that is held under or by virtue
of a Crown lease and on which the private street is situated may make a proposal
under subsection (1) in connection with that private street.
(3) The Authority shall, after the receipt of a proposal under subsection (1),
consider the application and shall
(a) make a declaration under section 11 1C(1)(a) or (b), as the case maybe; or
(b) refuse to make a declaration.
(4) Where the Authority under subsection (3) has refused to make a
declaration, the Authority shall serve notice of its decision, setting out reasons for
its decision, upon the person who made application under subsection (1).
(5) A person upon whom a notice under subsection (4) has been served
may, within 30 days of the date of that notice, appeal against the decision of the
Authority by way of petition to the Governor in Council whose decision shall be
final.
Declaration of street name
111C. (1) Notwithstanding section 111B, the Authority, by declaration in the
Gazette, may--
(a) assign a name to a street that has not been named; or
(b) change the name of a street that has been named.
(2) The Authority shall, not less than 30 days prior to a declaration under
subsection (1)(b), give notice of its intention to change the street name.
(3) A notice under subsection (2) shall--
(a) contain a brief description of the proposal to change the street name;
(b) specify an address for service of objections to the proposal;
(c) specify the time within which objections may be lodged; and
(d) be published--
(i) in the Gazette; and
(ii) by posting it in both the English and Chinese languages in a
prominent place in or near the street or part of the street which will be
affected by the proposed declaration.
(4) A person may, within 30 days of the date of publication in the Gazette of the
notice under subsection (2), object, in writing to the Authority, against the
proposed declaration under subsection (1)(b).
(5) The Authority shall consider an objection under subsection (4) and shall,
before a declaration is made under subsection (1)(b), serve notice of its decision,
setting out reasons for its decision, upon the person who made an objection.
(6) A person upon whom a notice under subsection (5) has been served
may, within 30 days of the date of that notice, appeal against the decision of the Authority by
way of petition to the Governor in Council whose decision shall be final.
Penalty for marking or displaying other street name
111D. Where the Authority has declared a street name under section 111 C(1),
any person who marks or displays any other street name other than that street name
so declared on a building or erection in the street commits an offence.
(Part XA added 40 of 1980 s. 2)
PART XI
DISPOSAL OF THE DEAD
General
Restriction upon the keeping of dead bodies in domestic
premises
112. (1) Any person who keeps, or causes or permits to be kept, for a longer
period than 48 hours the dead body of any person in premises used for the purpose
of human habitation shall, unless such dead body is encoffined in a hermetically
sealed coffin, be guilty of an offence.
(2) Any person who, without the permission in writing of the Authority, keeps,
or causes or permits to be kept, for a longer period than 7 days (inclusive of the
period of 48 hours referred to in subsection (1)) any encoffined dead body,
notwithstanding that the coffin be hermetically sealed, in any premises used for the
purpose of human habitation shall be guilty of an offence.
Authority may order human remains to he buried or
cremated
112A. (1) The Authority may
(a)subject to the provisions of section' 16(1) of the Births and Deaths
Registration Ordinance (Cap. 174), cause a notice in the form of Form E
specified in the Seventh Schedule to be served on a person who has the
right to effect the disposal of any human remains, requiring him to cause
them to be lawfully buried or cremated within such period as may be
specified in the notice; and
(b)if the human remains referred to in the notice are not lawfully buried
or cremated within the period specified in the notice, take possession
of the human remains and arrange for their disposal in any manner it
may think fit.
(2) The Authority may take possession of any human remains and
arrange for their disposal in any manner it may think fit, if it is satisfied that-
(a)no person who has the right to dispose of the human remains is in
Hong Kong or can be readily ascertained or found; or (Amended 10
of 1986 s. 24)
(b)every person who has the right to dispose of the human remains is
under disability.
(3)Any person who-
(a)fails to comply with a notice served on him under subsection (1)(a); or
(b)after the expiration of any period specified in a notice under sub-
section (1)(a), has in his possession without the written permission of
the Authority any human remains to which the notice relates,
shall be guilty of an offence.
(4) For the purposes of this section, 'human remains' does not include
skeletal remains.
(5) Nothing in this section shall derogate from any provision in any
enactment which permits the use of any human remains or the removal and use
of part of any human remains for therapeutic purposes or for purposes of
medical education or research.
(Added 48 of 1969 s. 7)
Cemeteries
Public and private cemeteries
113. (1) The places specified in Parts 1 and 111 of the Fifth Schedule shall
be places set apart for use as public cemeteries.
(2) The places specified in Parts 11 and IV of the Fifth Schedule shall be
places set apart for use as private cemeteries.
(2A) The places specified in Part IVA of the Fifth Schedule shall be places
set apart for use by the Commonwealth War Graves Commission as Common-
wealth War Graves Commission Cemeteries. (Added 69 of 1976 s. 2)
(3) The Governor in Council may by order amend, or add any cemetery
to or delete any cemetery from, the Fifth Schedule.
Plans and demarcation of cemeteries
114. (1) The Authority shall, as soon as practicable, prepare a plan of
every cemetery and mark the boundaries thereof in such manner as it may
think fit.
(2) Where the boundaries of any cemetery are so varied, or any cemetery is
otherwise so changed, as to render any plan deposited in accordance with the
provisions of subsection (3) no longer accurate, the Authority shall withdraw the
plan so deposited and shall, as soon as practicable, prepare an amended plan or a
new plan of such cemetery and, where necessary, further mark the boundaries
thereof in such manner as it may think fit.
(3) Every plan prepared in accordance with the provisions of subsection (1) or
(2) shall be deposited in the appropriate Land Office.
General management and closure of public cemeteries and
Commonwealth War Graves Commission Cemeteries
115. (1) The general management and control of public cemeteries and
Commonwealth War Graves Commission Cemeteries shall be vested in the
Authority. (Amended 69 of 1976 s. 3)
(2) The Authority may by notification in the Gazette declare any public
cemetery or any Commonwealth War Graves Commission Cemetery, or any part of
such a cemetery, to be closed. (Replaced 69 of 1976 s. 3)
(3) Any person who buries, or causes or permits to be buried, any human
remains, or deposits, or causes or permits to be deposited, any urn containing any
human remains, in any cemetery or any part of any cemetery which has been
declared to be closed under the provisions of subsection (2) shall be guilty of an
offence.
Regulations relating to cemeteries
116. (1) Notwithstanding anything contained in any deed of appropriation, deed
of grant or other instrument relating to any cemetery, the Authority may make
regulations prescribing or providing for
(a)the marking or otherwise identifying of graves, vaults and urns, and the
provision, custody, maintenance and inspection of registers of burials
therein;
(b)the control of the number of dead bodies which may be buried in any one
grave or vault;
(c)the interspace between graves and between vaults;
(d)the manner of closing, turfing or covering of graves, the materials to be
used therefor and the period within which any grave must so closed,
turfed or covered;
(e)the re-opening of graves and vaults and the removal of human remains
therefrom;
(f)the prevention and abatement of nuisances in connection with any
cemetery, grave, vault, urn or the burial of any human remains;
(g)the entry and inspection of cemeteries and vaults;
(h)the proper management of cemeteries;
(i)the depth and size of graves and vaults;
(j)fees or charges payable in relation to the burial of any human remains;
(k)such other matters as, in the opinion of the Authority, are necessary for
the proper regulation and control of cemeteries in the public interest.
(2) In addition to the purposes specified in subsection (1), the Authority may
in relation to any public cemetery make regulations prescribing or providing for
(a)the lay-out and use of any such cemetery or any part thereof and matters
ancillary thereto;
(b)the exhumation of human remains from any grave and the disposal of the
same in a decent manner;
(c)the size of any monument or enclosure over or round any grave, vault or
urn;
(d)the orderly and decent conduct of any burial, exhumation or removal of any
human remains and the performance of any ceremony, rite, custom or
religious practice connected therewith in any such cemetery or in any part
of any such cemetery and the orderly and decent conduct of persons
resorting to any such cemetery;
(e)fees or charges payable in relation to the setting up of any monument or
enclosure over or round any grave, and construction of any vault or urn
and matters connected therewith.
(Amended 48 of 1969 s. 8; 49 of 1972 s. 2)
Public cemetery and Commonwealth War Graves
Commission Cemetery rules
117. (1) The Director of Urban Services, or such other public officer as the
Governor may authorize by notice published in the Gazette, may in relation to any
public cemetery or any Commonwealth War Graves Commission Cemetery in the
Urban Council area, and the Director of Regional Services or such other public
officer as the Governor may so authorize may in relation to any public cemetery or
any Commonwealth War Graves Commission Cemetery in the Regional Council area,
from time to time make rules for the better control, direction and information of
persons resorting thereto: (Amended 69 of 1976 s. 4; L.N. 67/85; 10 of 1986 s. 15)
Provided that such rules shall not be inconsistent with any of the provisions of
this Ordinance or of any regulations made under section 116.
(2) Any person who fails to comply with any rule made under subsection (1)
shall be guilty of an offence.
Prohibition of unauthorized burials and exhumations
118. (1) Any person who, without the permission in writing of the Authority,
buries any human remains, or deposits any urn or other receptacle containing any
human remains, or scatters the ashes of any human remains after cremation,
otherwise than in a cemetery, shall be guilty of an offence.
(2) Save in accordance with the provisions of this Part, any person who,
without the permission in writing of the Authority, exhumes any human remains or
any part of any human remains or any article interred therewith, or removes any
human remains, or any part of any human remains, or any article from any urn or
other receptacle, or removes or carries away any urn or other receptacle containing
any human remains from any place, shall be guilty of an offence.
(3) No permission under subsection (1) or (2) shall be granted to any person
other than the legal personal representative or next of kin of the person whose
remains are to be buried, deposited, exhumed or removed, as the case may be, or the
duly authorized agent of such legal personal representative or next of kin, or failing
any such legal personal representative or next of kin or any such agent thereof, a
person who, in the opinion of the Authority, has a proper interest in the disposal of
the human remains in respect of which such permission is granted:
Provided that the Authority may permit the removal of any human remains from
one part of a private cemetery to another part of such private cemetery at the
request of the management of such cemetery.
(4) Any human remains buried, or any urn or other receptacle containing
any human remains deposited, otherwise than in accordance with the provisions
of subsection (1) or of the provisions of section 119, outside a cemetery may
be removed by the Authority and buried or deposited inside a cemetery or
otherwise disposed of in such decent manner as the Authority may think
fit: (Amended L.N. 18/83)
Provided that the consent of the Secretary for District Administration shall be obtained before such
remains are, or such urn or other receptacle is, removed. (Replaced L.N. 18/83)
(5) The Authority may by regulations prescribe fees for the grant of permission
under subsection (2) to exhume human remains. (Added 49 of 1972 s.3)
Power of Governor in Council to direct removal and
disposal of human remains
119. Notwithstanding anything contained in this Part, the Governor in Council
may by order direct the removal of any human remains from any grave, urn or other
receptacle or of any urn or other receptacle containing any human remains, whether
situated within or without a cemetery, and may direct the disposal thereof in such
decent manner as he may think fit:
Provided that no such order shall be made until 1 month's notice of intention to
make such order has been published in the Gazette.
Power of Authority to direct removal and disposal of
human remains
119A. The Authority may by order direct the removal, from any grave situated
within a public cemetery, of any human remains or any urn or other receptacle
containing any human remains, which have been interred therein for a period of not
less than 6 years, and may direct the disposal thereof in such decent manner as he
may think fit:
Provided that no such order shall be made until 1 month's notice of intention to
make such order has been published in the Gazette.
(Added 9 of 1976 s. 11)
Removal of coffins, etc.
120. When any human remains are moved under the provisions of this Part, it
shall be lawful to move also any coffin, urn or other receptacle in which such human
remains are contained and any monument or enclosure over or surrounding the
same.
Disposal of exhumed bodies
121. Where any body, or part of any body, has been exhumed under section 18
of the Coroners Ordinance (Cap. 14), the Authority shall provide for the reburial or
other disposal of such body in such manner as it may think fit.
(Replaced 57 of 1967 Schedule)
Defrayal of expenses of reburial, etc.
122. Whenever, pursuant to any powers conferred by this Part, the Governor in
Council, or the Authority, or a magistrate, has caused any human remains to be
exhumed or removed, the expenses of exhumation or removal, and of reburial or
disposal, shall be defrayed-
(a)if ordered by-
(i) the Governor in Council under section 119; or
(ii) a magistrate or a coroner under section 18 of the Coroners
Ordinance (Cap. 14),
out of the general revenue;
(b)if ordered by the Urban Council as the Authority under section 118(4) or 1
19A, out of the funds of the Urban Council; and
(c)if ordered by the Regional Council as the Authority under section 118(4) or
119A. out of funds of the Regional Council. (Added 10 of 1986s.16)
(Replaced 9 of 1976 s. 12. Amended 10 of 1986 s. 16)
Mortuaries
Regulations in relation to mortuaries
123. (1) The Authority may make regulations in relation to mortuaries
prescribing or providing for
(a)registration or licensing and inspection and control (including
prohibition) of mortuaries;
(b)the reception, treatment and custody of human remains;
(c)the maintenance, inspection and custody of registers of human remains
received into mortuaries;
(d)the regulation and control of the transportation of human remains to
or from any mortuary or to or from any other place;
(e)fees and charges payable in connection with the registration or
licensing of mortuaries.
(2) Regulations made under subsection (1) may be of general application
or limited to any class or type of mortuary or to any place, district or area.
Public funeral halls
123A. The Authority may, by order published in the Gazette, designate any
mortuary operated by the Authority as a public funeral hall.
(Added 3 of 1978 s. 2)
Management of public funeral halls
123B. The management and control of every public funeral hall shall be
vested in the Authority.
(Added 3 of 1978 s. 2)
Regulations as to public funeral halls
123C. The Authority may make regulations in relation to public funeral
halls prescribing or providing for-
(a)the reception, treatment and custody of human remains;
(b)the management and operation of public funeral halls including the
exclusion or removal of persons therefrom;
(c)the payment of fees or charges for the use of any public funeral hall or
for the use of any services provided therein or in connection therewith
and any waiver thereof;
(d)the persons by whom and the conditions upon which the facilities of
public funeral halls may be used;
(e)the maintenance of good order in public funeral halls.
(Added 3 of 1978 s. 2)
Right of Authority to dispose of unclaimed dead bodies
124. (1) Where a person who has the right to effect the disposal of the
human remains of any person-
(a)within the period of 48 hours after the human remains are received
into any mortuary-
(i) has not made to the person having the management or control
of the mortuary a claim to possession thereof, or
(ii) abandons the right to effect the disposal thereof, or
(b)having made a claim to possession of the human remains within such
period of 48 hours, does not take possession of the human remains
and remove them from the mortuary within 48 hours after he has
made the claim,
the right to effect the disposal of the human remains shall vest in the Authority,
and the Authority may arrange for the disposal of them in any manner it may
think fit. (Replaced 48 of 1969 s. 9)
(2) Any person who knowingly disposes of the human remains, or any
part of the human remains, of any person from any mortuary otherwise than in
accordance with a claim made by a person having a right to make the same or in
accordance with a direction, or with the consent, of the Authority shall be guilty
of an offence:
Provided that nothing in this subsection shall make it an offence to transfer
the human remains of a person into a mortuary belonging to the Government
from a mortuary not so belonging.
Cremation and crematoria
Government and private crematoria
124A. (1) The places specified in Part V of the Fifth Schedule shall be
Government crematoria.
(2) The places specified in Part VI of the Fifth Schedule shall be
authorized private crematoria.
(3) The places specified in Part VII of the Fifth Schedule shall be Gardens
of Remembrance.
(4) The Authority may, by order published in the Gazette, amend, add to
or delete from Parts V, VI and VII of the Fifth Schedule. (Amended 9 of 1976
s.13)
(Added 21 of 1973 s. 9)
Management of Government crematoria and Gardens of
Remembrance
124B. The management and control of Government crematoria and
Gardens of Remembrance shall be vested in the Authority.
(Added 21 of 1973 s. 9)
Use of crematoria
124C. No building or place shall be used as a crematorium other than-
(a)a Government crematorium;
(b)an authorized private crematorium; or
(c)a building or place in respect of which the Authority shall have
granted special and written permission, upon such terms and
conditions as it thinks fit, to some person, society or institution to use
the same for the cremation of the human remains or class of human
remains specified in such permit.
(Added 21 of 1973 s. 9)
Provision for bearing objections where application for
crematorium in certain locations
124D. (1) Where application is made under section 124C(c) for the permission of
the Authority to use for the burning of human remains any building or place nearer
to any dwelling house than 200 m or within 50 m of any public highway, the
Authority shall cause notice of the application specifying the site to be published,
at the expense of the applicant, in English and Chinese in 3 successive numbers of
the Gazette. (AmendedL.N. 89/79)
(2) If any person objects to the grant of permission, in any case to which
subsection (1) is applicable, objection must be sent in writing to the Authority to
reach its office not later than 1 week after the publication of the last of such notices.
(3) Every such objection together with any evidence that may be tendered by
the objector and the applicant or their representatives shall be considered by the
Authority before deciding whether or not to grant the application.
(4) Any such decision shall be subject to appeal to the Governor in
Council by the applicant or any such objector.
(Added 21 of 1973 s. 9)
Regulations relating to cremation and crematoria
124E. (1) The Authority may make regulations for any of the following matters--
(a)the maintenance and inspection of crematoria;
(b)the cases in which and conditions under which the burning of any human
remains may take place;
(c)the disposal or interment of the ashes resulting from any such burning;
(d)the forms of the notices, certificates and declarations to be given or made
before any such burning is permitted to take place, such declarations to
be made under and by virtue of the Oaths and Declarations Ordinance
(Cap. 11);
(e)the fees and charges to be taken and made-
(i) for the cremation of human remains in any crematorium;
(ii) for the disposal or interment of the ashes resulting from any such
cremation;
(iii) for the placing in any crematorium or garden of remembrance of any
monument, tablet, inscription, receptacle for flowers or other ornament;
(iv) for the planting in any crematorium or garden of remembrance of
any tree, shrub or plant of any kind; (Replaced 61 of 1974 s. 10)
(f)the registration of the burnings;
(g)closing of crematoria, other than Government crematoria, and delegation
of authority to order such closure.
(2) Any provisions relating to the destruction and falsification of registers of
burials contained in any enactment, and the admissibility of extracts therefrom as
evidence in courts and otherwise, shall apply to the registers of burnings directed
by such regulations to be kept.
(Added 21 of 1973 s. 9)
Offences
124F. (1) Any person who knowingly carries out or procures or takes part in the
burning of any human remains, except in accordance with the provisions of this Part
and the regulations made hereunder, shall (in addition to any liability or penalty
which he may otherwise incur) be guilty of an offence.
(2) Any person who wilfully makes any false declaration or representation, or
signs or utters any false certificate, with a view to procuring the burning of any
human remains, shall (in addition to any penalty or liability which he may otherwise
incur) be guilty of an offence.
(3) Any person who, with intent to conceal the commission or impede the
prosecution of any offence, procures or attempts to procure the cremation of any
body, or, with such intent, makes any declaration or gives any certificate under this
Part, shall be guilty of an offence.
(Added 21 of 1973 s. 9)
Fees and charges to be part of funeral expenses
124G. The prescribed fees, and charges and expenses properly incurred in or in
connection with the cremation of a deceased person, shall be deemed to be part of
the funeral expenses of the deceased.
(Added 21 of 1973 s. 9)
Saying for coroner
124H. Nothing in this Part shall interfere with any jurisdiction or power of any
coroner to order the cremation of a body, and nothing in this Part shall authorize
any person to create or permit a nuisance.
(Added 21 of 1973 s. 9)
PART XII
MISCELLANEOUS
General provisions as to licences, etc.
125. (1) Where, under the provisions of this Ordinance, any public officer or
public body (referred to in this section as the licensing authority) is empowered to
require registration or to grant any licence or permit, such registration, licence or
permit, as the case may be, shall, subject to the provisions of this Ordinance and
any regulations made thereunder--
(a)be made, granted or renewed subject to such requirements, conditions or
restrictions as the licensing authority may think fit to impose for the
purpose of carrying out the objects of this Ordinance, and may, for the like
purpose, include a declaration by the licensing authority waiving the
application of any of the provisions of any regulation made under
thisOrdinance; (Amended 9 of 1976s. 14; 69 of 1985 s.2)
(b)be refused, suspended or cancelled at the sole discretion of the licensing
authority for the purpose of carrying out the objects of this
Ordinance, but no registration, licence or permit shall be suspended or
cancelled for any cause other than the contravention of any of the
provisions of this Ordinance or of any requirement, condition or
restriction to which such registration, licence or permit was subject.
(Amended 69 of 1985 s. 2)
(1A) Except where the licensing authority is the Urban Council or the Regional
Council, subsection (1)(a) shall not authorize a licensing authority to include in any
registration, licence or permit a declaration waiving any provision relating to the
payment of fees in a regulation made under this Ordinance. (Added 9 of 1976 s. 14.
Amended 10 of 1986 s. 17)
(1B) (a) The renewal of any registration, licence or permit, if application therefor
is made by the lawful holder on or before the date of expiry thereof
accompanied by the fee or charge (if any) prescribed therefor, shall not be
(i) refused unless notice in writing of its intention to refuse the same
has been served by the licensing authority upon such holder not less
than 90 days preceding the date of expiry of such registration, licence or
permit, except where any of the requirements, conditions or restrictions to
which such registration, licence or permit was subject has been
contravened within the period of 90 days immediately preceding such date
of expiry, in which case no such notice shall be required;
(ii) subject to additional or alternative conditions to those imposed in
the registration, licence or permit in respect of which the application for
renewal is made unless notice in writing of its intention to impose
additional or alternative conditions has been served by the licensing
authority upon such holder not less than 90 days preceding the date of
expiry of such registration, licence or permit.
(b)Where application for renewal of any registration, licence or permit is not
made or any fee or charge prescribed in respect thereof is not paid on or
before the date of expiry thereof, renewal of the same may be refused
without notice. (Added 69 of 1985 s. 2)
(2) Save where the licensing authority thinks fit, no registration, licence or
permit shall be made or granted in the name of more than one person:
Provided that nothing in this subsection shall be construed to prevent the
making of any registration or the granting of any licence or permit in the name of a
corporation.
(3) Subject to the provisions of any regulations made under this Ordinance,
every registration, licence or permit shall be transferable.
(4) On any transfer of a registration, licence or permit under the provisions of
subsection (3), the person to whom the transfer is made shall, within 7 days after the
transfer is effected, deliver to the licensing authority a notice, in such form (if any)
as may be prescribed by the licensing authority signed by the transferor or by some
person authorized in writing in that behalf by him and signed by the person to whom
the transfer was made or by some person authorized in writing in that behalf by him.
(5) If any person fails to give notice of the transfer of any registration, licence
or permit as required by subsection (4)
(a)such person shall be guilty of an offence; and
(b)the licensing authority may, without notice, cancel such registration,
licence or permit.
(6) Where any person who is registered, or who is the grantee of any licence or
permit issued, under the provisions of this Ordinance absents himself from Hong
Kong for a period exceeding 30 days without giving notice in writing to the licensing
authority, or, in the opinion of the licensing authority, is not, or has ceased to be,
ordinarily resident in Hong Kong, the licensing authority may, without notice,
cancel such registration, licence or permit, and, in the case of a corporation which is
registered under the Companies Ordinance (Cap. 32), the licensing authority may
also cancel such registration, licence or permit if the corporation has ceased to be so
registered. (Amended 10 of 1986 s. 24)
(6A) Where any person who is registered, or who is the grantee of any licence
or permit issued, under the provisions of this Ordinance is not, in the opinion of the
licensing authority, carrying on the business or activity to which such registration,
licence or permit relates, the licensing authority may cancel the same without notice.
(Added 57 of 1978 s.4)
(7) Where any person who is registered, or who is the grantee of any licence or
permit issued, under the provisions of this Ordinance intends to absent himself from
Hong Kong for a longer period than 30 days, the licensing authority may require him
to appoint a delegate for such period not exceeding 6 months as the licensing
authority may consider reasonable, and such delegate shall, during that period, be
deemed for all purposes under this Ordinance to be the person in whose name such
registration was made or to whom such licence or permit was granted, and failure to
appoint such delegate if so required under this subsection shall be a ground for
cancellation of such registration, licence or permit. (Amended 10 of 1986 s. 24)
(8) Where any registration, licence or permit is cancelled or suspended, or any
application for the grant or renewal thereof is refused, by the licensing authority, the
licensing authority shall forthwith serve a notice in writing upon the holder thereof
or applicant therefor, as the case may be, declaring its decision.
(9)(a) If any person is dissatisfied with any decision referred to in subsection
(8), he may, within 14 days after the service upon him of the notice
declaring the same, apply in writing to the licensing authority for review,
and the licensing authority may before determining the application-
(Amended 69 of 1985 s.2)
(i) cause such investigation to be made as may in the circumstances
appear to be necessary; and
(ii) if it thinks fit, appoint a place, time and day for hearing the
application.
(b)The applicant may, if he so desires, be present at the hearing (if any) of an
application under this subsection and be heard in its support either in
person or by his representative:
Provided that, if he elects to be heard by his representative, he shall
not himself be heard except by leave of the licensing authority.
(c)On determining the application, the licensing authority may confirm, vary,
suspend or cancel the decision in question, or may extend any time
specified for compliance ' with the requirements of any notice issued, or
order made, by it under any of the provisions of this Ordinance relevant to
such decision.
(d)Pending the determination of any application made under this subsection
or any appeal under subsection (10), the licensing authority may, in its
discretion, suspend the operation of the decision in respect of which such
application or appeal is made.
(10)If any person is dissatisfied with the determination of the licensing
authority upon review under the provisions of subsection (9), he may, within 14
days after notification by the licensing authority of such determination, appeal
to the Governor in Council by way of petition, and the decision of the Governor
in Council shall be final.
(11) No registration, licence or permit granted under the provisions of this
Ordinance shall be taken to exempt or excuse any person from compliance with any
of the provisions of any other enactment.
General powers of entry
126. (1) Subject to the provisions of this section, any public officer authorized in
writing by a public officer or public body (referred to in this section as the
authorizing authority), shall, on producing, if so required, some duly authenticated
document showing his authority, have a right to enter any premises, vehicle, vessel
or aircraft at any time between the hours of 7 a.m. and 7 p.m., and, in the case of any
workplace or any premises or vessel used for business purposes, at any time during
which work or business is carried on--
(a)for the purpose of ascertaining whether there is, or has been, on or in
connection with the premises, vehicle, vessel or aircraft any contravention
of the provisions of this Ordinance, being provisions which it is the duty
of the authorizing authority to enforce;
(b)for the purpose of ascertaining whether or not circumstances exist which
would authorize or require the authorizing authority to take any action, or
execute any work, under the provisions of this Ordinance, and for this
purpose, such officer may take and carry away samples of any article or
thing, including water, found there;
(c)for the purpose of taking any action, or executing any work, authorized or
required by the provisions of this Ordinance to be taken or executed by
the authorizing authority;
(d)for the purpose of carrying out any tests the carrying out of which is
authorized under the provisions of this Ordinance;
(e)generally, for the purpose of the performance by the authorizing authority
of his or its functions under the provisions of this Ordinance:
Provided that admission to any premises or vessel, not being premises or a
vessel used for business purposes or as a workplace, shall not be demanded as of
right unless not less than 2 hours' notice in writing of the intended entry has been
given to the occupier of such premises or the person in charge of such vessel, or, in
the absence of such person, posted in some conspicuous place on such premises or
vessel, as the case may be.
(2) If it is shown to the satisfaction of a magistrate or justice of the peace on
sworn information in writing--
(a)that admission to any premises or vessel has been refused or that refusal
is apprehended, or that such premises are unoccupied or such vessel
unattended, as the case may be, or that the occupier or attendant is
temporarily absent, or that the case is one of urgency, or that an
application for admission would defeat the object of the entry, or that it is
reasonable for the purposes of this Ordinance in the circumstances of the
case that entry be effected between the hours of 7 p.m. and 7 a.m.; and
(b)that there is reasonable ground for entry into the premises or vessel for
any such purpose as aforesaid,
the magistrate or justice of the peace may by warrant in the form of Form B
prescribed in the Seventh Schedule authorize any public officer authorized in that
behalf by the public officer or public body for whose purposes such entry is
necessary to effect entry, if need be by force:
Provided that such warrant shall not be issued unless the magistrate or justice
of the peace is satisfied either that notice of the intention to apply for a warrant has
been given to the occupier of the premises or to the person in charge of the vessel,
as the case may be, or that the premises are unoccupied or the vessel unattended, or
that the occupier or attendant is temporarily absent, or that the case is one of
urgency, or that the giving of such notice would defeat the object of the entry, or
that it is reasonable for the purposes of this Ordinance in the circumstances of the
case that entry be effected between the hours of 7 p.m. and 7 a.m.
(3) Any public officer entering any premises or vessel by virtue of the
provisions of subsection (1) or of a warrant issued under subsection (2) may take
with him such persons as may be necessary, and, on leaving any unoccupied
premises or any unattended vessel which he has entered by virtue of such
provisions or such warrant, shall leave such premises or vessel as effectually
secured against trespassers as he found the same to be at the time of entry.
(4) Every warrant granted under the provisions of subsection (2) shall continue
in force until the purpose for which the entry is necessary has been satisfied.
Provisions for securing abatement of nuisances which may
he dealt with summarily
127. (1) The Authority, if satisfied of the existence of a nuisance to which this
section applies, may cause a notice in the form of Form C specified in the Seventh
Schedule (referred to in this section as a 'nuisance notice') to be served
on the person by reason of whose act, default or sufferance the nuisance arose or
continues, or, if that person cannot be found, on the occupier or owner of the
premises or vessel on which the nuisance exists, requiring him to abate the nuisance
within the period specified in the notice, and to do such things as may be necessary
for that purpose, and the notice may, if the Authority thinks fit, specify any works
to be executed for the purpose aforesaid:
Provided that, where the nuisance arises from any want or defect in any
premises or vessel of a structural character and where the premises or vessel are or
is unoccupied, the nuisance notice shall be served on the owner thereof.
The Authority may also, by notice under the foregoing provisions of this
subsection or by further notice, require the person on whom the notice is served to
do what is necessary for preventing the recurrence of the nuisance to which the
notice relates and, if the Authority thinks it desirable, specify any works to be
executed for that purpose, and a notice containing such a requirement may,
notwithstanding that the nuisance to which it relates may for the time being have
been abated, be served if the Authority considers that the nuisance is likely to recur
on the same premises or in the same vessel.
(2)Where-
(a)the person by reason of whose act, default or sufferance the nuisance
arose or continues; and
(b)the owner and the occupier of the premises or vessel on which. the
nuisance exists,
cannot be found or ascertained, the Authority may abate the nuisance and do what
is necessary to prevent a recurrence thereof, and may recover the cost from any
such person who may thereafter be found or ascertained. (Replaced 58 of 1973 s.5)
(3)Where a nuisance notice is served on any person, then if either-
(a)the nuisance to which the notice relates arose by reason of the wilful act
or default of that person; or
(b)that person fails to comply with any of the requirements of the notice
within the period specified therein,
he shall (whether or not an order under the provisions of subsection (4) has been
made in respect of him) be guilty of an offence.
(4)Where a nuisance notice is served on any person, then if-
(a)that person fails to comply with any of the requirements of the notice
within the period specified therein; or
(b)the nuisance to which the order relates, although abated since the service
of the notice, is, in the opinion of the Authority, likely to recur on the
same premises or vessel,
the Authority may make a complaint to the court and the court hearing the
complaint may make a summary order in the form of Form D prescribed in the
Seventh Schedule (in this section referred to as a 'nuisance order').
(5) A nuisance order may be an abatement order, prohibition order or a closing
order or a combination of such orders.
An abatement order may require a person to comply with all or any of the
requirements of a nuisance notice in connection with which the order is made,
or otherwise to abate the nuisance or to do what may be necessary to prevent
the recurrence of the nuisance within the period specified in the order.
A prohibition order may prohibit the recurrence of a nuisance.
A closing order may prohibit the use of any premises or vessel for human
habitation, but shall only be made if it is proved to the satisfaction of the court
that, by reason of a nuisance, the premises or vessel are or is unfit for human
habitation.
(6) An abatement order or a prohibition order shall, if the person in
respect of whom the order is made so requires or the court considers it desirable,
specify the works to be executed by the said person for the purpose of abating,
or preventing the recurrence of, the nuisance to which the order relates.
A court, if satisfied that any premises or vessel in respect of which a closing
order is in force have or has been rendered fit for human habitation, may
declare that it is so satisfied and revoke the closing order.
(7)(a) Any person who fails without reasonable excuse to comply with,
or knowingly contravenes, a nuisance order shall be guilty of an
offence.
(b)Without prejudice to the provisions of paragraph (a), where a
nuisance order has not been complied with, the Authority may abate
the nuisance and may do whatever may be necessary in execution of
the order, and may recover any expenses reasonably incurred thereby
from the person against whom the order was made.
(8) The provisions of Part VII (Appeals) of the Magistrates Ordinance
(Cap. 227) shall apply to proceedings under this section subject to the following
provisions-
(a)in the event of an appeal against a nuisance order which is or includes
a prohibition order or a closing order or requires the execution of
structural works, no person shall, by reason of any contravention of,
or failure to comply with, the order, be liable to any penalty until after
the determination or abandonment of the appeal:
Provided that, if the appeal is dismissed or abandoned, the
appellant shall be liable to the fine specified in the third column of the
Ninth Schedule in respect of an offence under subsection (7) for every
day during which he has contravened or failed to comply with such
nuisance order, unless he satisfies the court before which proceedings
are taken for the recovery of such fine that there was substantial
ground for the appeal and that the appeal was not brought merely for
the purpose of delay, and, if the appeal is dismissed, the court hearing
the appeal may itself impose such fine as if it were a court before which
proceedings could be taken for the recovery of such fine;
(b)in the event of an appeal against a nuisance order which requires the
execution of structural work, no work shall, save as hereinafter
mentioned, be done under the order until after the determination or
abandonment of the appeal:
Provided that, if the court by which the order was made is of opinion
that the continuance of the nuisance to which it relates will be injurious or
dangerous to health and that the immediate abatement thereof will not
cause any injury which cannot be compensated by damages, the court
may, notwithstanding that the appeal is pending, authorize the Authority
immediately to abate the nuisance, so, however, that--
(i) if the appeal is allowed, the Authority shall pay to the person against
whom the order was made the amount of any damage sustained by him by
reason of the abatement of the nuisance by the Authority; and
(ii) if the appeal is dismissed or abandoned, the Authority may recover
from the said person the expenses incurred by it in abating the nuisance.
(9) Any matter or thing removed by the Authority in abating, or doing what is
necessary to prevent the recurrence of, a nuisance to which this section applies may
be sold by public auction, or, if the Authority thinks the circumstances of the case
require it, may be otherwise sold, or may be disposed of without sale.
The money arising from the sale of any matter or thing under this subsection
may be retained by the Authority and applied in payment of the expenses incurred
by it in connection with the nuisance and the surplus (if any) shall be paid, on
demand, to the owner of the matter or thing.
Power to close premises used in contravention of
provisions of Ordinance
128. (1) Where, under this Ordinance, the use of any premises or vessel requires
to be registered, licensed or permitted, the court, on application being made by the
public officer or public body by whom or by which the use of the same is required to
be registered, licensed or permitted and on proof that such premises or vessel are or
is used without registration, licence or permit or, being registered, licensed or
permitted, are or is used in contravention of any suspension thereof or in
contravention of any of the provisions of this Ordinance, shall, subject to
subsection (5), make an order in Form F in the Seventh Schedule (in this section
referred to as a Prohibition Order') prohibiting the use of such premises or vessel, or
any specified part thereof (in this section referred to as the 'specified part'), for all
purposes, or for any purpose specified in the order, with effect from the 8th day after
copies of the order have been served under subsection (6): (Amended 76 of 1988 s. 3)
Provided that, where, at the date of the issue of a summons in respect of an
application under this subsection, the premises or vessel are or is used for the
purpose of human habitation, no such order shall be made so as to prevent such
habitation by reason only of the user being without registration, licence or permit or
in contravention of any of the requirements thereof or any suspension thereof.
(Amended 61 of 1974 s.11)
(IA) For the purposes of subsection (1), human habitation of premises or a
vessel does not include habitation by a servant, watchman or caretaker employed by
the person having the management or control of such premises or vessel. (Added 61
of 1974 s.11)
(2) Any order made under the provisions of subsection (1) shall remain in
force in respect of such premises or vessel until, on application by such public
officer or public body or by any person having an interest in such premises or
vessel, the court is satisfied that either the use of such premises or vessel has been
registered, licensed or permitted or such suspension has been cancelled or the
provisions of this Ordinance have been complied with, as the case may be, or
that such premises or vessel will be used in future for some other purpose.
(3) Any person who contravenes any order of the court made under the
provisions of subsection (1) shall be guilty of an offence.
(4) Where a Prohibition Order in respect of premises, a vessel or a
specified part to which regulations made under section 56 apply has been served
under subsection (6) but has not been continuously complied with from the 8th
day after such service, the court, upon application by the public officer or public
body upon whose application the order was made shall, without prejudice to
any penalty which may be imposed under this section, but subject to subsection
(5), make an order in Form G in the Seventh Schedule (in this section referred to
as a 'Closure Order'). (Added 76 of 1988 s. 3)
(5) A court shall not make a Prohibition Order or a Closure Order unless
satisfied-
(a)that at least 14 days' notice of intention to apply for the order has been
served under subsection (6);
(b)that such notice stated the time and place set for the hearing of the
application and advised that any person having reasonable cause to be
heard upon the application might request to be so heard; and
(c)that every person having reasonable cause to be heard upon the
application and requesting to be so has had an opportunity to be
heard. (Added 76 of 1988 s. 3)
(6) Notice of intention to apply for a Prohibition Order or Closure Order
in respect of any premises, vessel or specified part, and a copy of every such
order when made, shall be in both English and Chinese and shall be served by
affixing it to a conspicuous part of those premises, that vessel or that specified
part. (Added 76 of 1988 s. 3)
(7) A Closure Order made in respect of any premises, vessel or specified
part shall come into force on the 8th day after it has been served under
subsection (6) and shall remain in force for as long as the Prohibition Order
made in respect of those premises. that vessel or that specified part remains in
force. (Added 76 of 1988 s. 3)
(8) Upon the coming into force of a Closure Order in respect of any
premises, vessel or specified part, the public officer or public body upon whose
application the order was made shall lock or seal, or cause to be locked or
sealed, all or any of the entrances to or exits from the premises, vessel or
specified part and may disconnect or cause to be disconnected all gas, water and
electricity supplies thereto. (Added 76 of 1988 s. 3)
(9) While a Closure Order is in force in respect of any premises, vessel or
specified part-
(a)no person, except with the written permission of the public officer or
public body upon whose application the order was made, shall enter or
remain in those premises, on that vessel or in or on that specified part;
(b)a person carrying written authority from the public officer or public body
to whom the order was directed may remove from the premises, vessel or
specified part any person who fails to comply with paragraph (a), and in
doing so may, with such assistance from police officers as may be
necessary, use such force as is reasonably necessary. (Added 76 of 1988
s. 3)
(10) Any person who, without lawful authority or excuse
(a)enters or remains in any premises, on any vessel or in or on any specified
part in contravention of subsection (9)(a);
(b)breaks or interferes with any lock or seal placed on any premises, vessel
or specified part under subsection (8); or
(c)removes or defaces a document affixed to any premises, vessel or
specified part for the purposes of this section,
shall be guilty of an offence. (Added 76 of 1988 s. 3)
(11) Where, immediately before any premises, vessel or specified part are or is
closed under subsection (8), there is found therein or thereon any food, or any
article or thing likely to create a fire hazard or constitute a danger to life or health if
left in or on the premises, vessel or specified part, the public officer or public body
upon whose application the Closure Order was made shall
(a)take possession of such food, article or thing;
(b)dispose as he or it thinks fit of any perishable food and of any article or
thing which requires to be immediately disposed of, and
(c)affix a notice in both English and Chinese to a conspicuous part of the
premises, vessel or specified part setting out details of any food, article or
thing still in his or its possession and calling upon persons to submit any
claim for the return of such food, article or thing within 7 days after the
day on which the noice was posted. (Added 76 of 1988 s. 3)
(12) Where a claim is made under subsection (1 1)(c) for the return of any food,
article or thing, the public officer or public body in possession thereof may--
(a)refuse to return it unless satisfied that the claimant is the owner or
otherwise entitled to possession of the food, article or thing; and
(b)recover as a civil debt from a claimant to whom any food, article or thing is
returned, any expenses incurred in the removal and storage of such food,
article or thing. (Added 76 of 1988 s. 3)
(13) Any food, article or thing taken into the possession of a public officer or
public body under subsection (1 1)(a) and not claimed within the time referred to in
subsection (1 1)(c), or which the public officer or public body refuses to return in
accordance with subsection (12)(a), may be sold by public auction or, upon the
order of a magistrate, otherwise sold or disposed of as the court thinks
fit, and the money arising from the sale thereof shall be retained by the public officer
or public body and applied in payment of expenses incurred in connection with the
enforcement of the Closure Order and the surplus (if any) paid, on demand, to the
owner of the food, article or thing. (Added 76 of 1988 s. 3)
(14) A public officer or public body upon whose application a Closure Order is
made in respect of any premises, vessel or specified part may recover as a civil debt
from the occupier of the premises, master of the vessel, or occupier of the specified
part the cost of any work carried out under subsection (8) and of taking possession
of any food, article or thing under subsection (11) which is not met out of the
proceeds of any sale under subsection (13). (Added 76 of 1988 s. 3)
(15) An order made under subsection (1) before 1 October 1988 and in force on
that date shall remain in force after that date subject to subsection (2). (76 of 1988
s. 8(1) incorporated)
(16) If an order made under subsection (1) before 1 October 1988
(a)is in respect of premises, a vessel or a specified part to which regulations
made under section 56 apply;
(b)is served on or after 1 October 1988 under subsection (6) as added by the
Public Health and Municipal Services (Amendment) (No. 2) Ordinance
1988 (76 of 1988); and
(c)has not been continuously complied with from the 8th day after such
service,
the public officer or public body upon whose application the order was made may
apply for a Closure Order to be made in respect of those premises, that vessel or
that specified part under subsection (4) as added by that Ordinance, whereupon the
provisions of subsections (5) to (14) as so added shall apply. (76 of 1988 s. 8(2)
incorporated)
Authority may render services, etc., on request
129. Save as otherwise expressly provided by this or some other enactment,
where it appears to any public officer or public body who or which is an Authority
for the purposes of any of the provisions of this Ordinance expedient for carrying
out the purposes of this Ordinance, such public officer or public body may in his or
its discretion and at the request of any person, undertake on behalf of such person
any work or render any service, and may recover the cost thereof from such person
in the manner provided by section 130.
Recovery of cost of works done or services rendered by
public officers or public bodies
130. (1) In any case where under the provisions of this Ordinance any public
officer or public body is entitled to recover the cost of any works done or any fee or
any charge for any service rendered, such officer or body may certify the sum which
is due and the names of the persons liable therefor, and may by such certificate
apportion such sum between such persons:
Provided that, where the public body is the Urban Council, such certificate
shall be signed by the Director of Urban Services or a public officer duly authorized
by him in that behalf and, where the public body is the Regional Council, such
certificate shall be signed by the Director of Regional Services or a
public officer duly authorized by him in that behalf.(Amended 10 of 1986 s. 18)
(2) In the case of any works done or services rendered, such sum may include--
(a)the cost of labour, transport or materials supplied by or at the request of
such public officer or public body for the purpose of carrying out such
works or rendering such services; and
(b)supervision and departmental charges.
(3) A copy of any such certificate shall be served upon each person named
therein.
(4) Where the payment of any sum claimed is in default, such public officer or
public body, and, where the public body is the Urban Council, the Director of Urban
Services, and, where the public body is the Regional Council, the Director of
Regional Services, may in his or its discretion order that the following amounts shall
be added to the sum claimed and recovered therewith- (Amended 10 of 1986 s. 18)
(a)in the case of default exceeding 30 days, 5% of the amount in default;
(b)in the case of default exceeding 60 days, 10% of the amount in default.
(5) The payment of such sum of any person shall be without prejudice to any
right to recover the same, or any part thereof, from any person otherwise liable in
respect of the matter in relation to which such certificate was issued.
(6) Any sum which any public officer or public body is entitled to recover
under the provisions of this Ordinance may be recovered by such officer or body
summarily as a civil debt due to the Crown or as a simple contract debt due to the
Crown in any court of competent jurisdiction. (Amended 21 of 1973 s. 10)
(6A) Any sum which the Urban Council is entitled to recover under the
provisions of this Ordinance may be recovered by the Director of Urban Services
summarily as a civil debt due to the Urban Council or as a simple contract debt due
to the Urban Council in any court of competent jurisdiction. (Added 21 of 1973 s. 10)
(6B) Any sum which the Regional Council is entitled to recover under the
provisions of this Ordinance may be recovered by the Director of Regional Services
summarily as a civil debt due to the Regional Council or as a simple contract debt
due to the Regional Council in any court of competent jurisdiction. (Added 10 of
1986 s. 18)
(7) Any summons or writ issued in connection with the recovery of any such
sum shall be taken to have been duly served if it appears, to the satisfaction of the
court, that it was left at the defendant's last known address or place of business, or,
if the same is unknown to the public officer or public body concerned, that it was
delivered to an adult occupier of the premises or place in relation to which such
recovery is sought or was posted thereon in a conspicuous place.
(8) A certificate purporting to be made in accordance with the provisions of
subsection (1) and setting forth that the amount claimed is due and that the person
named therein is liable for the payment- thereof, and specifying the. nature and
particulars of the claim, shall be prima facie evidence of the facts stated therein and
of the correctness of the signature thereto.
(9) Where any sum the recovery of which is claimed under the provisions of
this section arose in respect of any building works within the meaning of the
Buildings Ordinance (Cap. 123), the public officer or public body concemed may, at
any time before such sum has been wholly recovered, register in the Land Office
against the title of any property in respect of which such sum arose a memorial of
the certificate issued under the provisions of subsection (1), and in such event such
sum shall be a charge upon the land recoverable in accordance with the provisions
of subsection (6) from any person who from the Land Office register then or
thereafter appears to be the owner thereof.
Provided that a charge shall not be deemed to arise solely by virtue of this
subsection in respect of any person whose interest was registered before the
registration of the memorial of such certificate.
(10) Upon the recovery of any sum under the provisions of this section, the
public officer or public body concerned shall lodge in the Land Office an
appropriate memorial of satisfaction against any memorial lodged there under the
provisions of subsection (9).
(11) Where 2 or more sums are claimed from any person as being due under the
provisions of this Ordinance, any writ, complaint, summons or warrant issued for
the purposes of the Ordinance in respect of that person may contain in the body
thereof, or in a schedule thereto, all or any of the sums so claimed.
Name in which certain proceedings may he brought
131. (1) Without prejudice to any other provisions of this Ordinance, or to the
provisions of any other enactment, relating to the prosecution of criminal offences,
prosecutions for an offence under the sections of this Ordinance specified in the
first column of the Sixth Schedule may be brought
(a)where the offence was committed in the Urban Council area or in the other
cases specified in the second column of that Schedule, in the name of the
public officer or public body specified in relation thereto in the said
second column of that Schedule; and (Amended 10 of 1986s.19)
(b)save where otherwise provided in the third column of that Schedule,
where the offence was committed in the Regional Council area, in the name
of the public officer or public body specified in relation thereto in the said
third column of that Schedule. (Amended 10 of 1986 s. 19)
(2) Nothing in this section or in section 132 shall be deemed to derogate from
the powers of the Attorney General in relation to the prosecution of criminal
offences.
(3) Every complaint made or information laid in respect of an offence under any
of the provisions of this Ordinance or the regulations made thereunder shall be
made or laid in the manner prescribed by the Magistrates Ordinance (Cap. 227).
(4) The Governor in Council may by order amend, add to or delete from the
Sixth Schedule.
Institution and conduct of certain proceedings
132. Any public officer or public body in whose name proceedings for an
offence under any of the provisions of this Ordinance or any regulations made
thereunder may be brought may authorize in writing, either generally or in any
particular case, any public officer to institute on behalf of such public officer or
public body any such proceedings before any court or to conduct on behalf of
such public officer or public body any such proceedings before any court, and
any public officer so authorized may institute such proceedings and may
conduct them before any court notwithstanding the provisions of the Legal
Practitioners Ordinance (Cap. 159).
Disposal of property coming into possession of certain
public officers and public bodies
133. Where, under any of the provisions of this Ordinance, any public
officer or public body who or which is an Authority for the purposes of any of
the provisions of this Ordinance comes into possession of any property, section
102 of the Criminal Procedure Ordinance (Cap. 221) shall, unless the manner of
disposal of the same is otherwise expressly provided, apply as if such public
officer or public body were the police within the meaning of that section and
such property were property which had come into the possession of the police in
connection with a criminal offence.
Service of notices
134. Unless otherwise expressly provided, any order, notice, demand,
certificate or other document required to be served under the provisions of this
Ordinance may be served either-
(a)by delivering it to the person on whom it is to be served;
(b)by sending it by registered post addressed to the last known place of
business or residence of the person to be served;
(c)by leaving it with an adult occupier of the premises or place to which
the notice relates or by posting it upon a conspicuous part of such
premises or place:
Provided that, in addition to or in substitution for any such method of
service, publication in the Gazette of any such order, notice, demand, certificate
or other document, together with such particulars of the person to whom it is
addressed as may be available, shall be deemed to be good service.
Authentication and production in evidence of documents
135. (1) Save where otherwise expressly provided, any order, notice,
demand, certificate or other document made by any public officer or public
body under the provisions of this Ordinance shall be signed by such public
officer or by a public officer authorized in writing in that behalf by such public
officer or public body. (Amended 10 of 1986 s. 20)
(2) Any document purporting to be an order, notice, demand, certificate
or other document made under the provisions of this Ordinance by a public
officer or public body and signed in the manner provided in subsection (1) shall
be received in evidence, and shall, unless the contrary is shown, be deemed to be
such an order, notice, demand, certificate or other document without further
proof.
Presumption as to employment of servants
136. Any person who appears to be employed in or about any premises, or
any part of any premises, in respect of which any licence or permit is granted
under this Ordinance shall be deemed, until the contrary is shown, to be a
servant of the person to whom such licence or permit was granted.
Offences by corporations
137. Where an offence under this Ordinance, or any regulations or order
made under this Ordinance, which has been committed by a corporation is
proved to have been committed with the consent or connivance of, or to be
attributable to any neglect on the part of, any director, manager, secretary or
other similar officer of the corporation, or of any person who was purporting to
act in any such capacity, he, as well as the corporation, shall be deemed to be
guilty of that offence and shall be liable to be proceeded against and punished
accordingly.
Application of Summary Offences Ordinance and Public
Order Ordinance
137A. Any part of a stadium, museum, library or civic centre to which from
time to time the public has access, whether on payment or otherwise, shall,
during such time, be deemed to be a public place for the purposes of the
Summary Offences Ordinance (Cap. 228) and the Public Order Ordinance
(Cap. 245).
(Added 21 of 1973 s. 11)
Protection for public servants acting in good faith
138. A public officer shall not be personally liable in respect of any act done
by him in the execution or purported execution of this Ordinance and within the
scope of his employment, if he did that act in the honest belief that his duty
under this Ordinance required or entitled him to do it:
Provided that nothing in this section shall be construed as relieving the
Crown from liability in respect of the acts of its servants.
Obstruction of officers in the exercise of their duty
139. Any person who wilfully obstructs, resists, or uses abusive language
to, any person acting in the execution of his duties under this Ordinance, or
under any order or warrant made or issued thereunder, shall, in any case for
which no other provision is made by this Ordinance, be guilty of an offence.
Onus of proving vaccination or inoculation
140. Where, under the provisions of this Ordinance, any person is required
to be vaccinated, inoculated or otherwise immunized against disease, the onus
of proving that such vaccination, inoculation or immunization has been per-
formed shall rest upon the person required to be so vaccinated, inoculated or
immunized, as the case may be.
Proceedings against several persons
141. (1) Where proceedings under this Ordinance are competent against
several persons in respect of the joint act or default of such persons, it shall be
sufficient to proceed against one or more of them without proceeding against
the others.
(2) Where an offence consists of a failure to comply with any of the
requirements of a notice served by any public officer or public body who or
which is an Authority for the purposes of any of the provisions of this
Ordinance and a similar notice was served upon several persons in respect of
such matter---
(a)it shall be sufficient to proceed against one or more of such persons
without proceeding against the others; and
(b)where more than one such person is proceeded against, the court may
treat such persons for all purposes as though they were joint offenders.
Delegation of powers
142. Any public officer or public body may delegate any power, function,
authority or discretion conferred upon him or it by the provisions of this
Ordinance, other than a power to make regulations, to any public officer or
class of public officers:
Provided that, where the public body is the Urban Council, such delegation
shall be subject to and in accordance with the provisions of the Urban Council
Ordinance (Cap. 101) and, where the public body is the Regional Council, such
delegation shall be subject to and in accordance with the provisions of the
Regional Council Ordinance (Cap. 385). (Amended 10 of 1986 s. 21)
General powers relating to regulations
143. Regulations made under this Ordinance may provide-
(a)that contravention of any of the provisions of such regulations shall
constitute an offence and may prescribe penalties therefor not ex-
ceeding a fine of $25,000 and imprison-ment for 6 months, and, in the
case of a continuing offence, a daily penalty of $600, and, in the case of
an offence in respect of any premises, trade or business, for the closing
of such premises or the discontinuance of such trade or business;
(Amended 57 of 1978 s. 5; 37 of 1987 s. 3)
(b)for the name in which proceedings for an offence against any of such
regulations may be brought; and
(c)for appeal by way of petition to the Governor or to the Governor in
Council.
Use of premises by the Government
144. The Governor in Council may direct that any premises the manage-
ment and control of which is vested in the Urban Council or the Regional
Council by this Ordinance be made available for use by the Government
on any ceremonial or other public occasion.
(Replaced 21 of 1973 s. 12. Amended 10 of 1986 s. 22)
Restriction on certain powers
144A. The Authority shall not exercise the powers conferred by sections 42A(1),
76A(1), 79(3), IO5A(1), 105G, 105K(1), 105M(1), 106(1), and 124A(4) in relation to any
premises which are the subject of a Crown lease without the consent of the lessee
thereof.
(Added 21 of 1973s. 12. Amended 70 of 1977 s. 3)
Fees
145. Any rents, fees or other charges whatsoever, including the proceeds of any
sale, collected under any provision of this Ordinance, shall be paid
(a)to the Urban Council where the Urban Council is the Authority for the
purposes of such provision;
(aa)to the Regional Council where the Regional Council is the Authority for
the purposes of such provision; and (Added 10 of 1986 s. 23)
(b)to the general revenue in any other case.
(Replaced 21 of 1973s. 13. Amended 10of 1986s.23)
Governor in Council empowered in any appeal to state
case for opinion of Court of Appeal on question of law
146. (1) In any appeal to him under the provisions of this Ordinance, the
Governor in Council may, at any time in his discretion, direct a case to be stated for
the opinion of the Court of Appeal on any question of law involved in such appeal.
The terms of such case shall be agreed upon by the parties concerned, or, in the
event of their failure to agree, shall be settled by the Court of Appeal. The Court of
Appeal shall hear and determine the question of law arising on any case stated as
aforesaid, and shall remit the matter to the Governor in Council who shall give effect
by order to the finding of the court. The costs of such hearing shall be in the
discretion of the court.
(2) Any party to the appeal shall be entitled to be heard by counsel on the
hearing of any case so stated.
(3) The Clerk of Councils shall give the appellant 7 days' notice of the hearing
of the appeal, and shall, at the same time, furnish the appellant with a copy of the
evidence and documents submitted by the respondent for the consideration of the
Governor in Council.
(4) The decision of the Governor in Council upon any appeal under the
provisions of this Ordinance shall be final and may be enforced by the High Court
as if it had been an order of that court.
(5) Nothing contained in this Ordinance shall be construed to prevent any
person from applying to the High Court for a mandamus, injunction, prohibition or
other order, should he elect so to do in lieu of appealing to the Governor in Council.
(Amended 92 of 1975 s. 59)
Forms
147. (1) Wherever under the provisions of this Ordinance the use of a form
prescribed in the Seventh Schedule is required, there shall be used the appropriate
form prescribed in that Schedule or a form to the like effect subject to such variation
as circumstances may require.
(2) The Governor in Council may by order amend any form for the time being
prescribed in the Seventh Schedule and may, in like manner, add any form to that
Schedule or delete any form therefrom.
Transitional provisions with respect to offences and
certain notices
148. (1) Where an offence (being an offence for the continuance of which a
penalty was provided) has been committed under any enactment revoked or
cancelled and re-enacted, with or without amendment, by any regulations made
under this Ordinance, proceedings may be taken under such regulations in respect
of the continuance of the offence after the commencement of such regulations in the
same manner as if the offence had been committed under the corresponding
provisions of such regulations.
(2) Where an enactment revoked or cancelled by any regulations made under
this Ordinance relates to the giving of notices
(a) not less than a specified period before; or
(b) within a specified period after,
the doing of some act or the happening of some event, and the commencement of
such regulations falls within the period applicable under that enactment to any
particular act done or to any particular event, the revocation or cancellation and re-
enactment shall be deemed to have taken effect in relation to that act or event, in the
first mentioned case, at a date sufficiently early to enable the required notice to be
given under the corresponding provisions of such regulations, and, in the secondly
mentioned case, immediately before the doing of the act or the happening of the
event in question.
(3) Where, under any enactment revoked or cancelled and re-enacted, with or
without amendment, by any regulations made under this Ordinance, any notice has
been served relating to the doing of some act or the happening of some event, such
notice shall be deemed to have been served under the corresponding provisions of
such regulations.
Saving of certain regulations
149. (1) For the avoidance of doubt, is it hereby declared that, notwithstanding
the repeal of the Public Health (Sanitation) Ordinance 1935 (15 of 1935), the
Advertisements Regulation Ordinance (Cap. 52, 1950 Ed.), the Public Health (Food)
Ordinance (Cap. 140, 1950 Ed.) and of section 4(2) of the New Territories Ordinance
(Cap. 97), the regulations made under these enactments which are specified in the
third column of the Eighth Schedule shall, save in so far as they are inconsistent
with any of the provisions of this Ordinance or any regulations made thereunder,
continue in operation until such time as they are replaced by regulations made
under this Ordinance which are
expressed to be in substitution for those regulations, and shall be deemed for all
purposes to have been made or prescribed under the section of this Ordinance
specified in relation thereto in the fourth column of that Schedule and to be liable to
amendment thereby or thereunder.
(2) The Governor in Council may by regulation amend the Duplicate Permits
and Licences (New Territories) Rules (Cap. 97, sub. leg.).
Penalties
150. Any person who is guilty of an offence under any of the provisions of this
Ordinance specified in the first column of the Ninth Schedule shall be liable on
summary conviction to the penalty specified in relation thereto in the second column
of that Schedule, and, where the offence is a continuing offence, shall be liable, in
addition, to the fine specified in relation thereto in the third column of that Schedule
for each day during which it is proved to the satisfaction of the court that the
offence has continued.
Penalty for contravention of certain by-laws
151. (1) Any person who contravenes any of the provisions of the by-laws
mentioned in item 1 of the Eighth Schedule shall be liable on summary conviction to
a fine of $500.
(2) (Repealed 48 of 1969 s. 10)
(3) This section shall continue in force until it is replaced or repealed by
regulations made under this Ordinance.
(15 of 1935 ss. 3 & 81 incorporated.Amended 23 of 1949 s. 6)
Consequential and other amendments
152. (1) (Amendments incorporated)
(2) (Amendments incorporated)
(3) There shall be substituted for the title of the enactments listed in the first
column of the Fifteenth Schedule the new title specified opposite thereto in the
second column thereof, wherever occurring
(a)in any Ordinance other than the Public Health and Urban Services
(Amendment) Ordinance 1986 (10 of 1986) or this ordinances and
(b)in any instrument, notice, form, contract or legal proceeding made or
commenced before 1 April 1986.
(10 of 1986 s. 32 incorporated)
Transitional provisions concerning agreements
153. (1) Any agreement in force immediately before 1 April 1986 which was
entered into by the Director of Regional Services on behalf of the Government as
the Authority
(a)under section 79A and which relates to the renting of a stall in a market;
or
(b)under section 107 and which relates to the right to operate an amenity at a
public pleasure ground,
shall be deemed to have been entered into on behalf of the Regional Council
accordingly.
(2) In this section 'amenity' includes the sale of refreshments, the erection of
tents for hire to the public, the erection of a temporary bathing structure for use as
changing rooms, the sale or hire of recreational equipment and the hire of chairs.
(10 of 1986 s. 33 incorporated)
FIRST SCHEDULE [ss. 2 & 84]
SCHEDULED OFFENCES
Section 51A(4) and (5)
Section 54(1)
Regulations made under section 55, 56, 80(1) or 83A
Section 83B
Section 128(3)
Section 128(10)(a)
Section 139
Sections 4A and 5 of the Summary Offences Ordinance (Cap. 228)
(Replaced L.N. 276178. Amended L.N. 264/86; 76 of1988 s.4)
SECOND SCHEDULE [ss. 2, 93 & 102]
SCHEDULED PREMISES
No. of cubic metres per hour
Class of premises for each person who may be
accommodated in the premises
Restaurants 17
Dancing establishments 17
Theatres 13
Cinemas 13
Funeral parlours 17
(Amended 61 of 1974 s. 12; L.N.
89/79)
Factory canteens 17 (L.N. 366 of 1989)
THIRD SCHEDULE [s. 3]
DESIGNATED AUTHORITIES
Section Urban Council AreaRegional Council Area
4 Director of Civil Engineering Services Director of Civil Engineering Services
5 Director of Civil Engineering Services Director of Civil Engineering Services
6 Director of Civil Engineering Services Director of Civil Engineering Services
Section Urban Council Area Regional Council Area
7 Director of Civil Engineering Services Director of Civil Engineering Services
9 Director of Civil Engineering Services Director of Civil Engineering Services
10 Director of Civil Engineering Services Director of Civil Engineering Services
13 Urban Council Regional Council
14 Urban Council Regional Council
15 Urban Council Regional Council
20 Urban Council Regional Council
22 Urban Council Regional Council
22A Urban Council Regional Council
23 Urban Council Regional Council
23A Urban Council Regional Council
24 Urban Council Regional Council
26 Urban Council Regional Council
27 Urban Council Regional Council
28 Urban Council Regional Council
29 Urban Council Regional Council
30 Urban Council Regional Council
32 Urban Council Regional Council
33 Urban Council Regional Council
34 Urban Council Regional Council
35 Urban Council Regional Council
36 Urban Council Regional Council
37 Urban Council Regional Council
38 Urban Council Regional Council
40 Urban Council Regional Council
41 Urban Council Regional Council
42 Urban Council Regional Council
42A Urban Council Regional Council
42B Urban Council Regional Council
44 Urban Council Regional Council
46 Urban Council Regional Council
47 Urban Council Regional Council
48 Urban Council Regional Council
49 Urban Council Regional Council
51A Urban Council Regional Council
56 Urban Council, but in respect of Regional Council, but in respect of
drugs, Director of Medical and Health drugs, Director of Medical Health
Services Services
58 Urban Council, but in respect of Regional Council, but in respect of
drugs, Director of Medical and Health drugs, Director of Medical and Health
Services Services
Section Urban Council Area Regional Council Area
59 Urban Council, but in respect of Regional Council, but in respect of
drugs, Director of Medical and Health drugs, Director of Medical and Health
Services Services
62 Urban Council, but in respect of Regional Council, but in respect of
drugs, Director of Medical and Health drugs, Director of Medical and Health
Services Services
69 Urban Council, but in respect of Regional Council, but in respect of
drugs, Director of Medical and Health drugs, Director of Medical and Health
Services Services
70 Urban Council, but in respect of Regional Council, but in respect of
drugs, Director of Medical and Health drugs, Director of Medical and Health
Service Services
75 Urban Council, but in respect of Regional Council, but in respect of
drugs, Director of Medical and Health drugs, Director of Medical and Health
services Services
76A Urban Council Regional Council
76B Urban Council Regional Council
77 Urban Council Regional Council
78 Urban Council Regional Council
79(1),(3)Urban Council Regional Council
and (5)
79(2) ----- Regional Council
79A Urban Council Regional Council
80 Urban Council Regional Council
82 Urban Council Regional Council
83A Urban Council Regional Council
83B Urban Council Regional Council
84 Urban Council Regional Council
86 Urban Council Regional Council
86B Urban Council Regional Council
88 Urban Council Regional Council
89 Urban Council Regional Council
90 Urban Council Regional Council
91 Urban Council Regional Council
92A Urban Council Regional Council
92B Urban Council Regional Council
93 Urban Council Regional Council
94 Urban Council Regional Council
94A Urban Council Regional Council
100 Urban Council Regional Council
101 Urban Council Regional Council
104(1)Governor in Council Governor in Council
104(3)Director of Buildings and Lands Director of Buildings and Lands
105 Director of Buildings and Lands Director of Buildings and Lands
Section Urban Council Area Regional Council Area
105A Urban Council Regional Council
105B Urban Council Regional Council
105C Urban Council Regional Council
105D Urban Council Regional Council
105E Urban Council Regional Council
105F Urban Council Regional Council
105G Urban Council Regional Council
105H Urban Council Regional Council
1051 Urban Council Regional Council
105J Urban Council Regional Council
105K Urban Council Regional Council
105L Urban Council Regional Council
105M Urban Council Regional Council
105N Urban Council Regional Council
1050 Urban Council Regional Council
105P Urban Council Regional Council
105Q Urban Council Regional Council
106(1) and Urban Council Regional Council
(6)
106(3) and Director of Buildings and Lands Director of Buildings and Lands
(4)
107 Urban Council Regional Council
108 Urban Council Regional Council
109 Urban Council Regional Council
ill Urban Council Regional Council
M11 Urban Council Director of Buildings and Lands
111C Urban Council Director of Buildings and Lands
112 Urban Council Regional Council
112A Urban Council Regional Council
114 Director of Buildings and Lands in Director of Buildings and Lands in
respect of cemeteries specified in Parts respect of cemeteries specified in Parts
1, 11 and IVA of the Fifth Schedule 111 and IV of the Fifth Schedule
115 Urban Council in respect of Regional Council in respect of
cemeteries specified in Part 1 of the cemeteries specified in Part III of the
Fifth Schedule and Director of Urban Fifth Schedule
Services in respect of cemeteries
specified in Part IVA of the Fifth
Schedule
116 Urban Council in respect of Regional Council in respect of
cemeteries specified in Parts 1 and 11 cemeteries specified in Parts 111 and
of the Fifth Schedule and Director of IV of the Fifth Schedule
Urban Services in respect of
cemeteries specified in Part IVA of the
Fifth Schedule
118(1),(4) Urban Council Regional Council
and (5)
Section Urban Council Area Regional Council Area
118(2)Urban Council in respect of any place Regional Council in respect of any
in a cemetery specified in Parts I and place in a cemetery specified in Parts
II of the Fifth Schedule and Director III and IV of the Fifth Schedule
of Urban Services in respect of any
place in a cemetery specified in Part
IVA of the Fifth Schedule
119A Urban Council in respect of Regional Council in respect of
cemeteries specified in Part 1 of the cemeteries specified in Part III of the
Fifth Schedule Fifth Schedule
121 Urban Council Regional Council
123 Urban Council Regional Council
123A Urban Council Regional Council
123B Urban Council Regional Council
123C Urban Council Regional Council
124 Urban Council Regional Council
124A Urban Council Regional Council
124B Urban Council Regional Council
124C Urban Council Regional Council
124D Urban Council Regional Council
124E Urban Council Regional Council
127 Urban Council Regional Council
(Replaced 10 of 1986s. 25.Amended L.N. 94/86; L.N. 127/86; L.N. 194/86; L.N.
318/88)
FOURTH SCHEDULE [ss. 2 & 106]
PUBLIC PLEASURE GROUNDS
Public pleasure grounds (other than bathing beaches)
Urban Council Area
The Island of Hong Kong
Aberdeen Boulder's Corner Rest Garden
Aberdeen Complex Indoor Games Hall
Aberdeen Indoor Games Hall
Aberdeen Praya Road Sitting-out Area
Aberdeen Reservoir Road Sitting-out Area
Aberdeen Sports Ground
Aberdeen Waterfront Garden
Admiralty Garden
Aldrich Bay Children's Playground
Aldrich Street Playground
Amoy Street Sitting-out Area
Ap Lei Chau Bridge Road Playground
Apleichau Bridge (North) Children's Playground
Ap Lei Chau Playground
Basel Road Playground
Beaconsfield House Sitting-out Area
Big Wave Bay Picnic Area
Blake Gardens
Blake Pier Roof-top Garden
Blue Pool Road Sitting-out Area
The Island of Hong Kong (Contd.)
Bonham Road Rest Garden
Bowen Road Garden
Bowen Road Lovers' Stone Garden
Bowen Road Tennis Courts
Bowrington Road Market Roof-top Children's Playground
Braemar Hill Road Sitting-out Area
Brewin Path Temporary Playground
Bridges Street Market Children's Playground
Broadwood Road Rest Garden
Caine Road Garden
Caine Road Sitting-out Area
Canal Road Flyover Sitting-out Area
Causeway Bay Promenade
Cenotaph, the
Central Promenade
Centre Street Roof-top Children's Playground
Chai Wan Bus Terminus Rest Garden
Chai Wan Park
Chai Wan Pool-side Garden
Chai Wan Road Children's Playground
Chai Wan Road Rest Garden No. 1
Chai Wan Road Rest Garden No. 2
Chai Wan Road Rest Garden No. 3
Chai Wan Road Rest Garden No. 4
Chai Wan Road Rest Garden No. 5
Chai Wan Road Roundabout Garden
Chai Wan Road Sitting-out Area No. 1
Chai Wan Road Sitting-out Area No. 2
Chater Garden
Chater Road Sitting-out Area
Cheung Man Road Rest Garden
Ching Wah Street Sitting-out Area
Choi Sai Woo Park
Chung Hom Kok Park
Chung Wo Lane Sitting-out Area
Chung Hom Kok Beach Children's Playground
Church Street Sitting-out Area
Clarence Terrace Children's Playground
Cloud View Road Service Reservoir Playground
Comfort Terrace Sitting-out Area
Conduit Road Children's Playground
Conduit Road Rest Garden
Conduit Road Service Reservoir Playground
Eastern Hospital Road Sitting-out Area
Electric Road Temporary Playground
Elgin Street Children's Playground
Factory Street Playground
Fat hing Street Temporary Playground
Fei Tsui Road Sitting-out Area
Forbes Street Temporary Playground
Fortress Hill Playground
Fortress Hill Road Garden
George's Lane Sitting-out Area
Gloucester Road/Cannon Street Sitting-out Area
Gloucester Road/Fleming Road Sitting-out Area
Gough Hill Path Children's Playground
Guildford Road Rest Garden
Happy Valley Sports Ground
Harbour Road Garden
Harbour Road Indoor Games Hall
Hatton Road Sitting-out Area
Headland Road/Repulse Bay Road Garden
Healthy Village Playground
Hennessy Road/Johnston Road Sitting-out Area
Hennessy Road Playground
Heung Yip Road Sitting-out Area
High West Picnic Area (temporary)
Hill Road Garden
The Island of Hong Kong (Contd.)
Hing Wah Estate Playground No. 1
Hollywood Road Children's Playground
Hong Cheung Street Children's Playground No. 1
Hong Cheung Street Children's Playground No. 2
Hong Cheung Street Sitting-out Area
Hong Fu Playground
Hong Kong Squash Centre
Hong Kong Zoological and Botanical Gardens
Ka Ning Path Garden
Ka Wai Man Road Sitting-out Area
Kam Wah Street Rest Garden
Kau U Fong Children's Playground
Kennedy Road Playground
Kennedy Road Sitting-out Area
Kennedy Street Sitting-out Area
Kennedy Town Playground
Kennedy Town Service Reservoir Playground
Kennedy Town Temporary Recreation Ground
Ying George V Memorial Park, Hong Kong
King's Road Playground
Kotewall Road Sitting-out Area
Lambeth Walk Rest Garden
Lan Kwai Fong Sitting-out Area
Lei Yue Mun Park
Lin Fa Kung Garden
Lin Fa Kung Street East Sitting-out Area
Lockhart Road Indoor Games Hall
Lockhart Road Playground
Lok Hing Lane Temporary Sitting-out Area
Lok Man Road Sitting-out Area
Lower Albert Road Sitting-out Area
Magazine Gap Road Garden
Magazine Gap Service Reservoir Playground
Marble Road Temporary Playground
Mong Lung Street Sitting-out Area
Monmouth Park
Monmouth Terrace Playground
Monmouth Terrace Sitting-out Area
Morrison Hill Road Temporary Pleasure Ground
Mount Austin Playground
Mount Austin Road Rest Garden
Mount Butler Sitting-out Area
Mount Davis Cottage Area Children's Playground
Mui Fong Street Sitting-out Area
Nam Fung Road Rest Garden
Nam Long Shan Road Children's Playground and Rest Garden
Nam Long Shan Road Sitting-out Area
Nam Ning Street Sitting-out Area
Nam On Street Sitting-out Area
North Point Ferry Concourse Promenade
North Point Market Roof-top Children's Playground
North Point Service Reservoir Playground
North Point Vehicular Ferry Pier Playground
Oaklands Avenue Sitting-out Area
Old Main Street Rest Garden
Old Peak Road Rest Garden
Pak Fuk Road Playground
Peak Firing Range Picnic Area
Peel Rise Rest Garden
Perkins Road Sitting-out Area
Pinewood Picnic Area (temporary)
Plantation Road Garden
Pok Fu Lam Road Playground
Polefield Road Sitting-out Area
Provident Garden
Queen Street Sitting-out Area
Queen's Road East Garden
Queen's Road East/Hennessy Road Sitting-out Area
The Island of Hong Kong (Contd.)
Repulse Bay Beach Children's Playground
Repulse Bay Gardens
Rock Hill Street Children's Playground
Rose Lane Children's Playground
Sai On Lane Children's Playground
Sai Ying Pun Post Office Building Children's Playground
Sam Ka Lane Children's Playground
San Ha Street Sitting-out Area
Sassoon Road Rest Garden
Shaukiwan Road Children's Playground
Shaukiwan Road Sitting-out Area
Shau Kei Wan Market Building Sitting-out Area
Shau Kei Wan Market Roof-top Children's Playground
Shau Kei Wan Road Rest Garden
Shau Kei Wan Service Reservoir Playground
Shek 0 Headland Picnic Area
Shek 0 Road Lookout
Shek 0 Village Children's Playground
Shek 0 Village Sitting-out Area
Shek Pai Wan Estate Playground No. 1
Shek Pai Wan Road Playground
Shek Tong Tsui Market Roof-top Children's Playground
Shing On Village Sitting-out Area
Ship Street Playground
Shu Kuk Street Playground
Sitting-out Area at Aberdeen Main Road/Ap Lei Chau Bridge Flyover
Sitting-out Area under Flyover in Bonham Road
Sitting-out Area under Flyover in Hill Road
Sitting-out Area under Flyover in Pok Fu Lam Road
Smithfield Road Children's Playground
South Bay Road Garden
South Bay Road Rest Garden
Southorn Playground
Spring Garden Lane Sitting-out Area
Stanley Beach Road Children's Playground
Stanley Beach Road Sitting-out Area
Stanley Main Street Sea-front Sitting-out Area
Stanley New Street/Stanley Village Road Sitting-out Area
Stanley Playground
Stanley Village Road Garden
Star Ferry Concourse Sitting-out Area
Statue Square Gardens
Stone Nullah Lane Garden
Stubbs Road Garden
Stubbs Road Lookout
Stubbs Road Sitting-out Area
Sugar Street Sitting-out Area
Sung Hing Lane Children's Playground
Tai Hang Drive Playground
Tai Hang Drive Sitting-out Area
Tai Hang Road/Blue Pool Road Children's Playground
Tai Hang Road Children's Playground
Tai Hang Road Rest Garden
Tai Ping Shan Lions View Point Pavilion
Tai Tam Reservoir Road Sitting-out Area
Tak Yan Street Children's Playground
Telegraph Bay Playground
Tin Chiu Street Children's Playground
Tin Chiu Street Playground
Tin Hau Temple Garden
Tin Hau Temple Road Garden No. 1
Tin Hau Temple Road Garden No. 2
Tin Hau Temple Road Garden No. 3
Tin Hau Temple Road/Fortress Hill Road Garden
Tin Hau Temple Road Park
Tin Hau Temple Road Sitting-out Area (Adjacent to No. 8 Tin Hau Temple Road)
Tin Wan Estate Playground No. 3
Tin Wan Market Roof-top Children's Playground
The Island of Hong Kong (Contd.)
Tit Hong Lane Sitting-out Area
Tsung Sau Lane Temporary Sitting-out Area
Tung Lo Wan Garden
Tung Wah Centenary Square Garden
Tunnel Approach Rest Garden
Upper Station Street Sitting-out Area
Urban Council Chambers Rest Garden
Urban Council Quarry Bay Complex Indoor Games Hall
Urban Council Sheung Wan Complex Indoor Games Hall
Ventris Road Garden
Victoria Gap Children's Playground
Victoria Park
Victoria Peak Garden
Wa On Lane Sitting-out Area
Wan Chai Gap Park
Wan Chai Gap Road Playground
Wan Chai Interchange Flyover Children's Playground mind
Wan Chai Market Roof-top Playground
Wan Chai Reclamation Rest Garden
Wan Chai Sports Ground
Wan Tsui Lane Sitting-out Area
Waterfall Bay Park
Watson Road Rest Garden
West End Park
Wing Lee Street Rest Garden
Wing Lee Street Sitting-out Area
Wing Ning Street Sitting-out Area
Wing Wo Street Temporary Playground
Wong Chuk Hang Service Reservoir Rest Garden
Wong Chuk Hang Temporary Cycling Area
Wong Lung Street Sitting-out Area
Wong Ma Kok Road Playground
Wong Nai Chung Gap Sitting-out Area
Wong Nai Chung Reservoir Park
Wong Nai Chung Reservoir Park Fitness Trail
Wong Nai Chung Road Children's Playground
Wong Nai Chung Road Indoor Games Hall
Wong Nai Chung Road Rest Garden
Wong Nai Chung Road Sitting-out Area
Wun Sha Street Children's Playground
Yue Kwong Road Indoor Games Hall
Yue Wan Estate Sitting-out Area
Kowloon and New Kowloon
Anchor Street Playground
Argyle Street Playground
Arran Street Sitting-out Area
Arthur Street Temporary Playground
Berwick Street Sitting-out Area
Boundary Street Indoor Games Hall No. 1
Boundary Street Indoor Games Hall No. 2
Boundary Street Rest Garden (opposite Tai Hang Tung Road)
Boundary Street Sports Ground
Broadcast Drive Garden
Broadcast Drive Playground
Canton Road/Nelson Street Sitting-out Area
Canton Road Playground
Carpenter Road Park
Castle Peak Road/Ching Cheung Road Rest Garden
Castle Peak Road Sitting-out Area
Changsha Street Sitting-out Area
Chatharn Chatham Road/Winslow Street Sitting-out Area
Cheung Sha Wan Indoor Games Hall
Cheung Sha Wan Playground
Cheung Sha Wan Road/Cheung Shun Street Playground
Cheung Sha Wan Road/Lai Chi Kok Road Flyover Amenity Plot
Cherry Street Playground
Kowloon and New Kowloon (Contd.)
Ching Cheung Road Extension Amenity Plot
Choi Hung Bus Terminus Sitting-out Area
Choi Hung Road Badminton Centre
Choi Hung Road Indoor Games Hall
Choi Hung Road Playground
Choi Hung Road Rest Garden
Clear Water Bay Road Central Strip
Cornwall Street Children's Playground
Cornwall Street/Ede Road Garden
Cox's Road Children's Playground
Diamond Hill MTR Station Amenity Plot
Diocesan Boys' School Approach Road Garden
Dorset Crescent Rest Garden
Dundas Street Sitting-out Area
East Kowloon Way Flyover Rest Garden
Essex Crescent Rest Garden
Fa Hui Park
Fa Yuen Street Rest Garden
Fan Wa Street Sitting-out Area
Fat Kwong Street Garden No. 1
Fat Kwong Street Garden No. 2
Fat Kwong Street Playground
Fat Kwong Street Sitting-out Area
Fei Fung Street Sitting-out Area
Ferry Street Playground
Ferry Street Rest Garden
Foo Kwai Street Sitting-out Area
Fook Wah Tsuen Playground
Fortune Street Playground
Fuk Tsun Street Temporary Sittng-out Area
Fuk Wah Street Rest Garden
Fuk Wing Street Rest Garden
Fung Mo Interchange Amenity Plot
Gascoigne Road/Nathan Road Rest Garden (Stage 1)
Gascoigne Road/Nathan Road Rest Garden (Stage 11)
Gascoigne Road Rest Garden
Hamilton Street Rest Garden
Hang On Street Garden
Hau Wong Temple Rest Garden
Hip Wo Street/Mut Wah Street Sitting-out Area
Hip Wo Street Rest Garden
Hiu Kwong Street Children's Playground
Hiu Kwong Street Indoor Games Hall
Hiu Kwong Street Park Strip
Hiu Kwong Street Recreation Ground
Hiu Kwong Street Rest Garden
Hiu Ming Street Playground
Ho Man Tin East Service Reservoir Playground
Ho Man Tin High Level Service Reservoir Playground
Ho Man Tin Hill Road Rest Garden
Hoi Bun Road Sitting-out Area
Hoi King Street Sitting-out Area
Hoi Sham Park
Hong Keung Street Rest Garden
Hong Lee Road Rest Garden
Hong Ning Road Children's Playground
Hong Ning Road Garden No. 1
Hong Ning Road Garden No. 2
Hong Ning Road Recreation Ground
Hong Tat Path Garden
Inverness Road Garden
Jordan Valley Temporary Playground
Junction Road Park
Kai Tak East Playground
Kam Fung Street Sitting-out Area
Kam Shing Road Cleansing Depot Sitting-out Area
Kam Shing Road Recreation Ground
Kau Pui Lung Road Playground
Kowloon and New Kowloon (Contd.)
Kent Road Garden
King Fuk Street Playground
King Fuk Street Sitting-out Area
King George V Memorial Park, Kowloon
King's Park High Level Service Reservoir Playground
King Wan Street Playground
King's Park Hockey Ground
King's Park Rest Garden
King's Park Rise Garden
King's Park Sports Ground
Ko Chiu Road Rest Garden
Ko Shan Road Park
Kowloon Bay Indoor Games Hall
Kowloon Bay Playground
Kowloon Bay Sports Ground
Kowloon City Road Flyover Sitting-out Area
Kowloon Park
Kowloon Park Drive Children's Playground
Kowloon Park Drive Rest Garden
Kowloon Tsai Park
Kun Yam Street Rest Garden
Kung Lok Road Amenity Plot
Kung Lok Road Playground
Kwai Chung Road Flyover Amenity Plot
Kwei Chow Street/Yuk Yat Street Sitting-out Area
Kwong Lee Road Playground
Kwun Tong Ferry Pier Square
Kwun Tong High Level Service Reservoir Temporary Sitting-out Area
Kwun Tong Recreation Ground (South of Kwun Tong (Tsui Ping Road) Housing Estate)
Kwun Tong Road Amenity Plot (outside Kai Yip Estate)
Kwun Tong Road/Hip Wo Street Rest Garden
Kwun Tong Road/Ngau Tau Kok Road Amenity Plot
Kwun Tong Road Rest Garden
Kwun Tong Road Sitting-out Area
Lai Chi Kok Garden
Lai Chi Kok Interchange Amenity Plot
Lai Chi Kok Park Indoor Games Hall
Lai Chi Kok Road/Canton Road Garden
Lai Chi Kok Road Interchange Flyover Amenity Plot
Lai Chi Kok Read/Nam Cheong street Sitting-out Area
Lai Chi Kok Road/Tai Nam Street Sitting-out Area
Lai Yip Street Sitting-out Area
Lam Tin Bus Terminus Sitting-out Area
Lam Tin Service Reservoir Playground
Lei Cheng Uk Garden
Lei Cheng Uk Swimming Pool Rest Garden
Lei Cheng Uk Swimming Pool Sitting-out Area (No. 1)
Lei Cheng Uk Swimming Pool Sitting-out Area (No. 2)
Lei Yue Mun Playground
Lei Yue Mun Rest Garden
Lei Yue Mun Road Playground
Lion Rock Park
Lok Fu Park
Lok Fu Service Reservoir Rest Garden
Lok Shan Road Playground
Lok Sin Road/Choi Hung Road Sitting-out Area
Lok Wah Street Playground
Lomond Road Garden
Lower Ngan Tau Kok Estate Playground No. 7
Lower Ngau Tau Kok Estate Playground No. 8
Lung Cheung Road Lookout
Lung Cheung Road North/Po Kong Village Road Sitting-out Area
Lung Cheung Road Park
Lung Cheung Road Playground
Lung Cheung Road/Tai Po Road Garden
Ma Tau Wai Road Playground
Ma Tau Wai Road/Ma Hang Chung Road Rest Garden
Kowloon and New Kowloon (Contd.)
Ma Tau Wai Road/San Lau Street Sitting-out Area
Ma Tau Wai Road/Sheung Heung Road Garden
Ma Tau Wai Road/Tai Wan Road Sitting-out Area
Ma Tau Wai Road/To Kwa Wan Road Garden
Ma Tau Wai Service Reservoir Playground
MacPherson Playground
Magnolia Road Rest Garden (inside Yau Yat Chuen Estate, N.K.I.L. 3594)
Man Cheong Street Rest Garden
Man Fuk Road Garden
Man Ming Lane Rest Garden
Maple Street Playground
Mei Foo Sun Chuen Bus Terminus Amenity Plot
Middle Road Children's Playground
Mody Road Garden
Mong Kok Market Children's Playground
Moray Road Children's Playground
Morse Park
Mut Wah Street Playground
Nam Cheong Street Rest Garden
Nam Cheong Street Sitting-out Area
Nam Cheong Street/Tai Po Road Rest Garden
Nathan Road/Boundary Street Sitting-out Area
Nathan Road Temporary Sitting-out Area
Nga Tsin Wai Road Sitting-out Area
Ngan Chi Wan Indoor Games Hall
Ngan Chi Wan Market Roof Top Children's Playground
Ngan Chi Wan Village Playground
Ngan Tau Kok Road Children's Playground
Ngau Tau Kok Road Flyover Rest Garden
Ngan Tau Kok Road Indoor Games Hall
Ngan Tau Kok Road Rest Garden
Ning Po Street/Shanghai Street Rest Garden
Nullah Road Sitting-out Area
Olympic Garden
On Tak Road Playground
Osmanthus Road Rest Garden (inside Yau Yat Chuen Estate, N.K.I.L. 3594)
Oxford Road Playground
Pak Kung Street Garden
Pak Tin Sitting-out Area
Peace Avenue Playground
Peking Road Sitting-out Area
Pentland Street Garden
Perth Street Sports Ground
Po Kong Interchange Rest Garden
Po Kong Village Road Playground
Po On Road Playground
Poplar Street Children's Playground
Portland Street Rest Garden
Portland Street Sitting-out Area
Prince Edward Road/Nullah Road Garden
Princess Margaret Road Children's Playground
Princess Margaret Road Garden
Public Square Street Children's Playground and Rest Garden
Public Square Street/Cliff Road Sitting-out Area
Public Square Street/Kansu Street Rest Garden
Pui Ching Road Playground
Pui Ching Road Rest Garden
Reclamation Street/Nelson Street Sitting-out Area
Reclamation Street Sitting-out Area
Reclamation Street/Soy Street Sitting-out Area
Rutland Quadrant Children's Playground
Saigon Street Playground
Salisbury Road Garden
Sam Chuk Street Sitting-out Area
Sam Ka Tsuen Typhoon Shelter Breakwater Sitting-out Area
San Po Kong Interchange Rest Garden
San Po Kong Sitting-out Area
San Man Ping Bus Terminus Amenity Plot
Kowloon and New Kowloon (Contd.)
Sau Man Ping Estate (Stage 1) Playground No. 3
Sau Man Ping Estate (Stage 11) Playground No. 10
Sau Man Ping Estate (Stage 11) Playground No. 15
Sau Man Ping Memorial Park
Sau Man Ping Road/Hiu Kwong Street Sitting-out Area
Sau Nga Road Playground
Sau Yan Path Amenity Plot
Sha Tin Pass Road/Lung Cheung Road Playground
Sha Tin Pass Road Playground
Sham Shui Po Ferry Concourse Amenity Plot
Sham Shui Po Park
Sham Shui Po Sports Ground
Shanghai Street/Dundas Street Sitting-out Area
Shanghai Street/Market Street Playground
Shanghai Street/Shangtung Street Sitting-out Area
Shantung Street Sitting-out Area
Shek Kip Mei Central Playground
Shek Kip Mei Park
Shek Kip Mei Service Reservoir Playground
Shek Kip Mei Street Rest Garden
Shek Ku Lung Road Playground
Shek Ku Lung Road Rest Garden
Sheung Li Uk Garden
Sheung Shing Street Park
Shing Tak Street Sitting-out Area
Shun Lee Tsuen Road Lookout
Shun Lee Tsuen Road Playground
Shun Ning Road Recreation Ground
Shung Ling Street Playground
Shung Ling Street Temporary Playground
Signal Hill Garden
Star Ferry Concourse Fountain
Station Lane Sitting-out Area
Sung Wong Toi Garden
Sung Wong Toi Playground
Sycamore Street Playground
Sycamore Street Rest Garden
Tai Hang Sai Street Sitting-out Area
Tai Hang Tung Estate Playground No. 1
Tai Hang Tung Estate Playground No. 2
Tai Hang Tung Recreation Ground
Tai Hang Tung Sitting-out Area
Tai Kok Tsui Road/Larch Street Sitting-out Area
Tai Kok Tsui Road/Maple Street Garden
Tai Nam Street Temporary Sitting-out Area
Tai Po Road/Castle Peak Road Amenity Plot
Tai Po Road/Castle Peak Road Rest Garden
Tai Po Road/Pak Tin Street Playground
Tai Wan Shan Park
Tai Wan Road Playground
Tai Yip Street Sitting-out Area
Tak Cheong Street Playground
Tak Ku Ling Road Rest Garden
Temple Street/Kansu Street Temporary Rest Garden
Thistle Street Rest Garden
Tin Kwong Road Playground
Ting Fu Street Sitting-out Area
Ting On Street Playground
Ting Yu Square Temporary Sitting-out Area
To Kwa Wan Complex Playground
To Kwa Wan Indoor Games Hall
To Kwa Wan Recreation Ground
To Yuen Street Playground
Tong Mei Road Children's Playground (part temporary)
Tong Mei Road Sitting-out Area
Tseuk Kin Street Sitting-out Area
Tsing Chau Street Playground
Tsim Sha Tsui Promenade
Kowloon and New Kowloon (Contd.)
Tsun Yip Cooked Food Market Roof Top Rest Garden
Tsun Yip Street Playground
Tsz Wan Shan Bus Terminus Sitting-out Area
Tsz Wan Shan Estate Central Playground
Tsz Wan Shan Estate Service Reservoir Playground
Tsz Wan Shan Road Playground
Tsz Wan Shan Road Rest Garden
Tsz Wan Shan Road Sitting-out Area
Tung On Street Rest Garden
Tung Tsing Road Sitting-out Area
Un Chau Street Estate Playground No. 2
Urban Council Centenary Garden
Urban Council Chuk Yuen Indoor Games Hall
Urban Council Chun Wah Road Indoor Games Hall
Urban Council Fa Yuen Street Complex Indoor Games Hall
Urban Council Kowloon City Complex Indoor Games Hall
Urban Council Po On Road Complex Indoor Games Hall
Urban Council Shui Wo Street Complex Indoor Games Hall
Wai Chi Street Playground
Wai Chi Street Rest Garden
Wai Yip Street Flyover Amenity Plot
Wai Yip Street/Lai Yip Street Amenity Plot
Wai Yip Street Sitting-out Area
Wan Fung Street Sitting-out Area
Wan Hon Street/Hip Wo Street Rest Garden
Wan Hon Street Rest Garden
Waterloo Road/Canton Road Rest Garden
Waterloo Road/Wylie Road Garden
Waterloo Road/Wylie Road Sitting-out Area
Willow Street Playground
Wing Hong Street Rest Garden
Wing On Plaza Garden
Wong Tai Sin Service Reservoir Playground
Wuhu Street Temporary Playground
Yan Fung Street Rest Garden
Yan Oi Court Garden
Yan Oi Street Playground
Yau Ma Tei Community Centre Rest Garden
Yau Tong Centre Rest Garden
Yau Tong Playground
Yau Tong Service Reservoir Playground
Yin Hing Street Recreation Ground
Yue Man Square Rest Garden
Yuen Po Street Garden
Yuen Po Street/Prince Edward Road Garden
Yuet Wah Street Playground
Regional Council Area
Castle Peak Road Garden (6 M.S.)
Central Kwai Chung Park
Chai Wan Kok Rest Garden
Che Kung Miu Road Playground
Cheung Chau Sports Ground
Cheung Chau Tung Wan Children's Playground
Cheung Po Chai Cave Picnic Area
Cheung Tat Road Sitting-out Area
Chi Tong Tsuen Sitting-out Area
Chik Fu Street Rest Garden
Chik Fuk Street Sitting-out Area
Chik Wan Street Rest Garden
Ching Hong Road Playground
Ching Wah Temporary Playground
Chung Hing Pun Shan Road Sitting-out Area, Cheung Chau
Chung Sing Path Playground
Chung Uk Tsuen Playground
Circle Park
Deacon Chiu Park
Regional Council Area (Contd.)
Fan Leng Lau Pleasure Ground
Fan Ling Wai Playground
Fanling New Town Squash Courts
Fanling Recreation Ground (Stage 1)
Fanling Temporary Tennis Courts
Finger Hill Sitting-out Area, Peng Chau
Fu Shin Indoor Recreation Centre
Fu Tei Chung Tsuen Children's Playground
Fung Kam Street Indoor Recreation Centre
Fung Kwan Street Garden
Hang Ping Street Playground
Hang Mei Tsuen Playground
Heng On Indoor Recreation Centre
Hin Keng Indoor Recreation Centre
Hing Fong Road Playground
Ho Sheung Heung Playground
Hung Cheung Road Playground
Hung Mui Kuk Road Playground
Hung Shing Temple Children's Playground, Cheung Chau
Jockey Club Cheung Chau Tung Wan Children's Playground
Kak Tin Children's Playground
Kam Tsin Village Children's Playground
Kat Hing Wai Playground
Kat 0 Playground
Kei Lun Wai Children's Playground
Ki Lung Kong Public Park
Kin Yip Street Playground
Ko Po Sitting-out Area
Kwai Chung Asbury Village Rest Garden
Kwai Chung Sports Ground
Kwai Hei Street Sitting-out Area
Kwai Hop Street Playground
Kwai Shing Circuit Garden
Kwai Shing Circuit Playground
Kwai Shing Playground
Kwai Tak Street Rest Garden
Kwai Yi Road Playground
Kwan Tei Children's Playground
Kwan Tei Sitting-out Area
Kwei Tei Street Garden
Kwok Shui Road Park
Kwong Choi Market Roof-top Garden, Tuen Mun
Kwong Fai Circuit Playground
Kwong Fuk Football Ground
Kwu Tung Grass Soccer Pitch
Kwu Tung Playground
Lai King Children's Playground
Lai King Rest Garden
Lau Fan Shan Playground
Lek Yuen Street Rest Garden
Leung Uk Children's Playground, Tai 0
Loi Tung Sitting-out Area
Lok Fung Path Rest Garden
Lok Kwei Path Rest Garden
Lok Lin Path Sitting-out Area
Lok Ma Chau Garden
Lok Shun Path Barbecue Area
Lok Yuen Path Children's Playground
Lower Cheung Sha Village Children's Playground
Luen Wo Hui Playground
Luk Keng Sitting-out Area
Luk Keng Village Playground
Lutheran Village Children's Playground, Cheung Chau
Ma Ling Path Rest Garden
Ma Tin Road 5-a-side Football Pitch
Ma Wan Children's Playground
Ma Wat Wai Children's Playground
Ma Ying Path Rest Garden
Regional Council Area (Contd.)
Man Mo Temple Garden
Man Uk Bin Children's Playground
Man Yee Playground
Mang Kung Uk Rest Garden
Mei Lam Indoor Recreation Centre
Miu Kong Street Sitting-out Area
Mui Wo Ferry Concourse Rest Garden
Mui Wo Playground, Lantau
Nam Chung Children's Playground
Nam Wan Road Sitting-out Area
Ngau Pei Sha Street Playground
North Kwai Chung Tang Shiu Kin Indoor Recreation Centre
On Lok Tsuen (No. 1) Sitting-out Area
On Lok Tsuen (No. 2) Sitting-out Area
On Lok Tsuen (No. 3) Sitting-out Area
On Lok Tsuen (No. 4) Sitting-out Area
On Lok Tsuen (No. 5) Sitting-out Area
On Lok Tsuen Playground
On Pong Road Sitting-out Area
Osman Ramju Sadick Memorial Games Hall, Kwai Chung
Pak Kok Village Rain-shelter, North Lamma
Pak She Cheung Lee Playground, Cheung Chau
Pak Tai Temple Playground, Cheung Chau
Pau Cheung Square Playground
Peng Chau Mini-soccer Pitch
Peng Chau Playground
Peng Chau Sitting-out Area
Peninsula Lions Garden, Sha Tin Pass
Ping Che Mini-soccer Pitch
Ping Long Playground
Ping Wui Street Rest Garden
Plover Cove Road Mini-soccer Pitch
Plover Cove Villagers' Playground, Tai Po
Po Heung Bridge Sitting-out Area
Po Lam Indoor Recreation Centre
Pui 0 Playground, Lantau
Pui To Road (South) Rest Garden
Queen's Hill Sitting-out Area
Regional Council Long Ping Indoor Recreation Centre
The Royal Hong Kong Jockey Club Public Squash Court
Royal Hong Kong Jockey Club Tuen Mun Butterfly Beach Indoor Recreation Centre
Sai Ching Street Children's Playground
Sai Ching Street Tennis Court
Sai Kung Park
Sai Kung Tang Shiu Kin Sports Ground
Sam Pei Square Playground
Sam Tung Uk Garden
San Hui Playground
San Hui Rest Garden
San Mei Street Basketball Court
San Mei Street Children's Playground
San Mei Street Playground
San Mei Street Sitting-out Area
San Pok Pavilion
San Uk Leng Playground
San Uk Ling Basketball Court
Sha Kok Mei Playground and Garden
Sha Tau Kok Recreation Ground
Sha Tin Central Park
Sha Tin Jockey Club Public Squash Courts
Sha Tin Jockey Club Temporary Public Tennis Courts
Sha Tin North Fresh Water Services Reservoir Archery Ground
Sha Tin Road Safety Park
Sha Tin Sports Ground
Sha Tin Temporary Playground
Sha Tsui Playground
Sha Tsui Road/Kwu Hang Road Sitting-out Area
Sha Tsui Road Playground
Regional Council Area (Contd.)
She Shan Tsuen Children's Playground
Shek Lei Adventure Playground
Shek Lei Street Playground
Shek Pai Street Playground
Shek Pai Tau Playground
Shek Pik Reservoir Garden, Lantau
Shek Pik Resettlers' Playground, Tsuen Wan
Shek Wu Hui Playground
Shek Wu Hui Sitting-out Area
Shek Yam Road Rest Garden
Shek Yam Road Rest Garden No. 3
Shek Yam Road Rest Garden No. 4
Sheun Wan Tung Tsz Children's Playground
Sheung Kwai Chung Children's Playground
Sheung Shui Heung Basketball Court
Sheung Shui Heung Sitting-out Area No. 1
Sheung Shui Heung Sitting-out Area No. 2
Sheung Shui Heung Sitting-out Area No. 3
Sheung Shui Heung Sitting-out Area No. 4
Sheung Shui Heung Sitting-out Area No. 5
Sheung Shui Heung Sitting-out Area No. 6
Sheung Shui Heung Sitting-out Area No. 7
Sheung Shui Heung Sitting-out Area No. 8
Sheung Shui Heung Sitting-out Area No. 9
Sheung Shui Heung Sitting-out Area No. 10
Sheung Shui Playground
Sheung Tsuen Park
Shing Fong Street Rest Garden
Shing Mun River Promenade Garden No. 1
Shing Mun River Promenade Garden No. 2
Shing Mun River Promenade Garden No. 3
Shui Mei Village Playground
Shui Mun Tau Rest Garden
Shui Pin Tsuen Playground
Silver Cape Road Sitting-out Area
Sing Ping San Tsuen Children's Playground
Sir Denys Roberts Squash Courts, Yuen Long
Siu Hang Tsuen Sitting-out Area
Sok Kwu Wan Playground
South Lantau Road/Tung Chung Road Pavilion
Ta Kwu Ling Playground
Tai Hing Indoor Recreation Centre
Tai Kiu Market Sitting-out Area
Tai Kiu Market Squash Courts
Tai Lam Chung Road Children's Playground
Tai Lam Chung Tsuen Children's Playground
Tai Lin Pai Road Playground
Tai Loong Street Playground
Tai Loong Street Rest Garden
Tai Ming Lane Square
Tai Mong Tsai Picnic Area and Pavilion
Tai 0 Recreation Ground, Lantau
Tai Pei Square Playground
Tai Pei Tau Rest Garden
Tai Peng San Chuen Rainshelter, North Lamma
Tai Peng San Chuen Sitting-out Area, North Lamma
Tai Po Central Town Square
Tai Po Contour Sitting-out Area
Tai Po Kau Garden
Tai Po Kau Park
Tai Po Market Rest Garden
Tai Po Old Market Playground
Tai Po Playground
Tai Po Road Look-out
7 1/2 M.S. Tai Po Road Rest Garden
Tai Tau Leng Sitting-out Area
Tai Wai Playground
Tai Wo Hau Park
Regional Council Area (Contd.)
Tai Wo Hau Road Playground
Tai Wo Indoor Recreation Centre
Tap Mun Playground
Tin Fuk Sitting-out Area, Cheung Chau
Tin Hau Temple Fung Shui Square
Tin Ping Indoor Recreation Centre
Ting Kau Village Playground
Ting Kok Village Children's Playground
Tong Fong Sitting-out Area
Tong Fuk Playground, Lantau
Tsang Tai Uk Recreation Ground
Tsing Ho Rest Garden
Tsing Hoi Playground
Tsing Shan Children's Playground
Tsing Shan Keuk Look-out
Tsing Wah Soccer Pitch
Tsing Wu Sitting-out Area
Tsing Yeung Rest Garden, Tuen Mun
Tsuen Fu Street Garden
Tsuen King Circuit Children's Playground
Tsuen King Circuit Playground
Tsuen King Circuit Recreation Ground and Rest Garden
Tsuen Kwai Street Sitting-out Area
Tsuen Wan Market Roof-top Playground
Tsuen Wan Sports Ground
Tsuen Wan Tin Hau Temple Garden
Tsuen Wan Town Square
Tsuen Wing Street Playground
Tsui Lam Indoor Recreation Centre
Tsung Pak Long Children's Playground
Tuen Mun Hung Cheung Road Sitting-out Area
Tuen Mun Playground
Tuen Mun Promenade
Tuen Mun San Hui Market Roof-top Playground
Tuen Mun Swimming Pool Squash Courts
Tuen Mun Tang Shiu Kin Sports Ground
Tuen Mun Town Park
Tung Chung Fort Sitting-out Area
Tung Lo Wan Playground, Sha Tin
Tung Tai Street Rest Garden
Tung Tau Industrial Area Playground
Wan Tau Kok Playground
Wan Tau Kok Road Sitting-out Area
Wang Toi Shan Playground
Wing Ling Basketball Court
Wo Liu Hang Playground
Wo Liu Hang Rest Garden
Wo Yi Hop Road Sports Ground
Wong Ka Wai Sitting-out Area, Tung Chung
Wu Kai Sha Children's Playground
Yan Oi Market Roof-top Playground
Yan Oi Town Square
Yi Pei Square Playground
Yim Tin Tsai Lookout
Yuen Long Children's Playground
Yuen Long Jockey Club Squash Courts
Yuen Long Jockey Club Town Square
Yuen Long Main Road Rest Garden
Yuen Long Stadium
Yuen Long Tai Yuk Road Rest Garden
Yuen Long Western Roundabout Amenity Plot
Yuen Wo Playground
Yuen Wo Road Indoor Recreation Centre
Yung Shue Wan Basketball Court, North Lamma
Yung Shue Wan Playground
Bathing beaches
Urban Council Area
Big Wave Bay
Chung Hom Kok Beach
Deep Water Bay
Hairpin
Middle Bay
Repulse Bay
Shek 0
South Bay
St. Stephen's
Turtle Cove
Stanley Main Beach
Rocky Bay Beach, Shek 0
Regional Council Area
Islands District
Cheung Sha Beach, Lantau Island
Hung Shing Yeh, Lamma Island
Kwun Yam (Afternoon) Beach, Cheung Chau
Lo So Shing, Lamma Island
Pui 0 Beach, Lantau Island
Silver Mine Bay, Lantau Island
Tong Fuk Beach, Lantau Island
Tung Wan Beach, Cheung Chau
Sai Kung District
Campers Beach
Clear Water Bay First Beach, Tai Wan Tau, Clear Water Bay Road
Clear Water Bay Second Beach, Tai 0 Mun Road
Hap Mun Bay, Sharp Island
Kiu Tsui, Sharp Island
Pak Sha Chau
Silverstrand, Clear Water Bay Road
Trio (Hebehaven)
Tuen Mun District
Butterfly Beach, Lung Mun Road
Cafeteria New Beach, 18 1/2 milestone, Castle Peak Road
Cafeteria Old Beach, 18 3/4 milestone, Castle Peak Road
Castle Peak Beach, 19 milestone, Castle Peak Road
Kadoorie Beach, 18 3/4 milestone, Castle Peak Road
Tsuen Wan District
Anglers'Beach, 13 milestone, Castle Peak Road
Approach Beach, 10 1/2 milestone, Castle Peak Road
Casam Beach, 11 1/2 milestone, Castle Peak Road
Gemini Beaches, 12 milestone, Castle Peak Road
Hoi Mei Wan, 11 3/4 milestone, Castle Peak Road
Lido Beach, 11 1/2 milestone, Castle Peak Road
Ting Kau Beach, 11 milestone, Castle Peak Road
Tung Wan Beach, Ma Wan
(Amended G.N.A. 135/60 G.N.A. 114/61; G.N.A. 4/62; L.N. 27/67; L.N. 155/67; L.N. 121/68; L.N. 38/69;
L.N. 38/70; L.N. 179/70; L.N. 38/72; L.N. 84/73; L.N. 1/75; L.N, 67/75; L.N. 10/77; L.N. 50/77; L.N.
226/77; L.N. 283/77; L.N. 24/78; L.N. 110/78; L.N. 143/78; L.N. 221/78; L.N. 261/78; L.N. 267/78; L.N.
142/79; L.N. 162/79; L.N. 206/79; L.N. 302/79; L.N. 303/79; L.N. 50/80; L.N. 88/80; L.N. 162/80; L.N.
193/80; L.N. 382/80; L.N. 180/81; L.N. 265/81; L.N. 399/81; L.N. 23/82; L.N. 38/82; L.N. 84/82; L.N.
95/82; L.N. 96/82; L.N. 138/82; L.N. 168/82; L.N. 319/82; L.N. 324/82; L.N. 336/82; L.N. 338/82; L.N.
348/82; L.N. 381/82; L.N. 396/82; L.N. 34/83; L.N. 41/83; L.N. 120/83; L.N. 308/83; L.N. 394/83; L.N.
207/84; L.N. 359/84; L.N. 407/84; L.N. 191/85; L.N. 276/85; L.N. 326/85; L.N. 356/85; L.N. 68/86; L.N.
77/86; 10 of 1986 s. 26; L.N. 164/86; L.N. 279/86; L.N. 321/86; L.N. 109/87; L.N. 212/87; L.N. 244/87;
L.N. 283/87; L.N. 352/87; L.N. 410/87 L.N. 425/87; L.N. 91/88; L.N. 120/88; L.N. 170/88; L.N. 180/88;
L.N. 271/88; L.N. 277/88; L.N. 359/88)
FIFTH SCHEDULE [ss. 2, 113 & 124A]
CEMETERIES, CREMATORIA AND GARDENS OF REMEMBRANCE
PART I
Public cemeteries
Name of Cemetery Location
Hong Kong Cemetery Happy Valley
Garden of Remembrance Cape Collinson
*Mount Caroline Cemetery So Kon Po
*New Kowloon Cemetery No. 8 Kowloon
(Diamond Hill Urn Cemetery)
Prison Cemetery Stanley
(Amended G.N.A. 152/60; 21 of 1973 s. 15; L.N.
269/77)
PART II
Private cemeteries
Buddhist Cemetery Cape Collinson
Carmelite Cemetery Stanley
Chinese Permanent Cemetery Aberdeen
Chinese Permanent Cemetery Cape Collinson
Chiu Yuen Cemetery Mount Davis
Christian Chinese Cemetery Pok Fu Lam Road
Hindu Cemetery Happy Valley
Jewish Cemetery Happy Valley
Military Cemetery Cape Collinson
Muslim Cemetery Cape Collinson
Muslim Cemetery Happy Valley
New Kowloon Cemetery No. 1 (Christian Grampian Road, Kowloon
Chinese Cemetery)
New Kowloon Cemetery No. 2 (Little Clear Water Bay Road, Kowloon
Sisters of the Poor Cemetery)
New Kowloon Inland Lot No. 2662 Castle Peak Road, Kowloon
Cemetery (Roman Catholic Cemetery)
Race Course Fire Memorial and So Kon Po
Roman Catholic Cemetery Cape Collinson
Roman Catholic Cemetery Happy Valley
Zoroastrian Cemetery Happy Valley
(Amended 32 of 1963 s. 15; L.N. 61/70; L.N. 193/75; 69 of 1976 s. 6; L.N.
146/83)
PART 111
Public cemeteries
Cheung Chau Cemetery Cheung Chau, New Territories
Lai Chi Yuen Cemetery Lantau, New Territories
Sandy Ridge Cemetery Lo Wu, New Territories
Sandy Ridge Urn Cemetery Lo Wu, New Territories
Tai 0 Cemetery Lantau, New Territories
Wo Hop Shek Cemetery Fanling, New Territories
(Amended21 of 1973s. 15; L.N. 40188)
PART IV
Private cemeteries
Castle Peak Christian Cemetery Tuen Mun, New Territories
Cheung Chau Christian Cemetery Cheung Chau, New Territories
* Declared closed G.N.A. 18/61.
Name of Cemetery Location
Cheung Chau Catholic Cemetery Cheung Chau, New Territories
Chuen Yuen Church Cemetery Chuen Lung, Tsuen Wan, New Territories
Junk Bay Chinese Permanent Cemetery Junk Bay, New Territories
Sai Kung Catholic Cemetery Sai Kung, New Territories
Sung Him Tong Sung Chan Wui Kei Tuk New Territories
Kau Fan Cheung
Tao Fong Shan Christian Cemetery New Territories
Tsuen Wan Chinese Permanent Cemetery Tsuen Wan, New Territories
(Amended L.N. 219/79; L.N. 71/83; L.N. 40/88)
PART IVA
Commonwealth War Graves Commission Cemeteries
Sai Wan War Cemetery Cape Collinson Road
Stanley Military Cemetery Stanley
(Part IVA added 69 of 1976 s. 6)
PART V
Government crematoria
Urban Council Area Regional Council Area
Diamond Hill Wo Hop Shek
Cape Collinson Kwai Chung
Fu Shan
(Part V added 21 of 1973 s.15. Amended L.N. 160/79; L.N. 358/84; 10 of 1986 s. 27)
PART VI
Private crematoria
Chuk Lam Sim Yuen, Tsuen Wan
Kwun Yam Temple, Keung Shan, Tai 0,
Lantau
Ling Yan Monastery, Keung Shan,
Lantau
Po Lam Monastery, Lantau
Po Lin Monastery, Ngong Ping, Lantau
Sai Chuk Lam Temple, Tsuen Wan
(Part VI added 21 of 1973 s. 15. Amended L.N. 160/79; L.N. 146/80; L.N. 250/80;
L.N. 251/80; L.N. 281/82; L.N. 409/82; L.N. 103/84; 10 of 1986 s. 27)
PART VII
Gardens of Remembrance
Cape Collinson Kwai Chung
Diamond Hill Fu Shan
(Part VII added 21 of 1973 s. 15. Amended L.N. 160/79; L.N. 161/79; L.N. 358/84; 10
of 1986 s.27)
SIXTH SCHEDULE
NAME IN WHICH PROCEEDINGS FOR OFFENCES MAY BE BROUGHT
Section Urban Council Area Regional Council Area
6 Director of Civil Engineering Services Director of Civil Engineering Services
7 Director of Civil Engineering Services Director of Civil Engineering Services
9 Director of Civil Engineering Services Director of Civil Engineering Services
10 Director of Civil Engineering Services Director of Civil Engineering Services
13 Urban Council Regional Council
14 Urban Council Regional Council
20 Urban Council Regional Council
22 Urban Council Regional Council
22A Urban Council Regional Council
24 Urban Council Regional Council
25 Urban Council Regional Council
27 Urban Council or Director of Medical Regional Council or Director of
and Health Services Medical and Health Services
30 Urban Council Regional Council
31 Urban Council Regional Council
32 Urban Council Regional Council
33 Urban Council Regional Council
34 Urban Council Regional Council
36 Urban Council Regional Council
43 Urban Council Regional Council
47 Urban Council Regional Council
50 Urban Council where the offence is Regional Council where the offence is
committed in respect of food. committed in respect of food.
Director of Medical and Health Director of Medical and Health
Services where the offence is Services where the offence is
committed in respect of drugs. committed in respect of drugs.
51 Urban Council Regional Council
51A Urban Council Regional Council
52 Urban Council where the offence is Regional Council where the offence is
committed in respect of food. committed in respect of food.
Director of Medical and Health Director of Medical and Health
Services where the offence is Services where the offence is
committed in respect of drugs. committed in respect of drugs.
54 Urban Council where the offence is Regional Council where the offence is
committed in respect of food. committed in respect of food.
Director of Medical and Health Director of Medical and Health
Services where the offence is Services where the ofrence is
committed in respect of drugs. committed in respect of drugs.
59 Urban Council where the offence is Regional Council where the offence is
committed in respect of food. committed in respect of food.
Director of Medical and Health Director of Medical and Health
Services where the offence is Services where the offence is
committed in respect of drugs. committed in respect of drugs.
Section Urban Council Area Regional Council Area
61 Urban Council where the ofrence is Regional Council where the offence is
committed in respect of food. committed in respect of food.
Director of Medical and Health Director of Medical and Health
Services where the offence is Services where the offence is
committed in respect of drugs. committed in respect of drugs-
62 Urban Council where the demand or Regional Council where the demand or
requisition relates to food. requisition relates to food.
Director of Medical and Health Director of Medical and Health
Services where the demand or Service where the demand or
requisition relates to drugs. requisition relates to drugs.
63 Urban Council where the certificate Regional Council where the certificate
relates to food. relates to food.
Director of Medical and Health Director of Medical and Health
Services where the certificate relates to Services where the certificate relates to
drugs. drugs.
68 Urban Council or Director of Medical Regional Council or Director of
and Health Services. Medical and Health Services.
69 Urban Council where the direction is Regional Council where the direction
given by a public officer authorized by is given by a public officer authorized
the Council and where the notification by the Council and where the
is given in relation to food. notification is given in relation to food.
Director of Medical and Health Director of Medical and Health
Services where the direction is given by Services where the direction is given by
a public officer authorized by him and a public officer authorized by him and
where the notification is given in where the notification is given in
relation to drugs. relation to drugs.
72 Urban Council where the offence is Regional Council where the offence is
committed in respect of food. committed in respect of food.
Director of Medical and Health Director of Medical and Health
Services where the offence is Services where the offence is
committed in respect of drugs. committed in respect of drugs.
81 Urban Council Regional Council
83B Urban Council Regional Council
92C Urban Council Regional Council
93 Urban Council Regional Council
94 Urban Council Regional Council
101 Urban Council Regional Council
105 Urban Council Regional Council
105F Urban Council Regional Council
105S Urban Council Regional Council
110 Urban Council Regional Council
111D Urban Council Director of Buildings and Lands
112 Urban Council Regional Council
112A Urban Council Regional Council
115 Urban Council Regional Council
117 Urban Council where the ofrence is Regional Council
committed in a cemetery specified in
Part I of the Fifth Schedule and
Director of Urban Services where the
offence is committed in a cemetery
specified in Part IVA of the Fifth
Schedule.
Section Urban Council Area Regional Council Area
l18 Urban Council where the offence is Regional Council
committed in any place in a cemetery
specified in Part I or II of the Fifth
Schedule and Director of Urban
Services where the offence is
committed in any place in a cemetery
specified in Part IVA of the Fifth
Schedule.
124 Urban Council Regional Council
124F Urban Council Regional Council
127 Urban Council Regional Council
128 Urban Council Regional Council
(Replaced 10 of 1986 s. 28. Amended L.N. 127/86; 76 of 1988 s. 5; L.N. 319/88)
SEVENTH SCHEDULE
FORMS
FORM A [ss. 64(1) & 65(1)]
PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE
(Chapter 132)
Certificate of analysis
To ...................................
I, the undersigned, being a public analyst for the purposes of the Public Health and Municipal
Services Ordinance, do hereby certify that I received on the ....................................
day of ..........................., 19 ........ from .....................a scaled packed marked
.................................................. said to contain a sample of ............., that
I found the seals intact and have analysed the contents of the said packet and declare the result of
my analysis to be as follows.
I am of opinion that the same is a genuine sample of ..............................................
or
I am of opinion that the said sample contained the parts as under or the foreign ingredients as
under ...............................................................................................
Observations
.....................................................................................................
.......................... As witness my hand this ................day of ....., 19..................
Signature ............
Government Chemist.
(or as case may be).
Note:All percentages given in definitions or standards prescribed are, unless otherwise specified, percentages by
weight.
FORM B [s. 126(2)]
PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE
(Chapter 132)
(section 126(2))
Warrant to effect entry into premises
WHEREAS application has been made by A.B. to me, C.D., a magistrate/justice of the peace
of Hong Kong, to authorize the said A.B. to enter certain premises ...........................
(here insert description of premises), and whereas I, C.D., am satisfied by information on oath that
there is reasonable ground for entry to such premises and that .................................
..................... .(here insert ground on which warrant is issued).
Now, therefore, 1, the said C.D., do hereby authorize the said A.B. to enter the said premises, if need be by force,
with such assistants as he may require, and there execute his duties under the said Ordinance.
Dated this .................. day of ..........., 19............
[L.S.]
(Signed)
..........................................................
Magistrate/Justice of the Peace.
FORM C [s. 127(1)]
PUBLIC HEALTH AND MUNICIPAL
SERVICES ORDINANCE
(Chapter 132)
(section 127(1))
Nuisance notice
To .......................................... (person by reason of whose act,
default or sufferance the nuisance arose or exists, or owner or occupier of the premises at which the nuisance
exists, as the case may be).
1. Take notice that under the provisions of the Public Health and Municipal Services
Ordinance, the ..............................(specify the Authority),
being satisfied of the existence at .................................................................................
....................(describe premises where nuisance exists)
of a nuisance, being .................................................................................................
...................................................................... (describe the nuisance), do hereby require
you, within .............................. (specify the time) from the service of
this notice, to abate the nuisance, and for that purpose to ..........................................................
.................................................................
(specify any works to be executed) [and the said .................................. (Authority) do
hereby require you within the said period to do what is necessary for preventing the recurrence of
the nuisance and for this purpose to ..................................................
............................(specify any works to be executed)].
Where the nuisance has been abated but is likely to recur, say ...............................
..... being satisfied that at ....................................................................
(describe premises where nuisances existed) there existed recently, namely, on or about the
................................................... (specify the date), the following nuisance,
namely, ............................................(describe the nuisance), and that
although the said nuisance has since the last mentioned day been abated, the nuisance is likely to
recur at the said premises, do hereby require you, within
.......................................
(specify the time) from the service of this notice, to do what is necessary for preventing the
recurrence of the nuisance, and for that purpose to
...........................................................................
..... ...................(specify any works to be executed).
2. If you make default in complying with the requirements of this notice (or if the said
nuisance, though abated, is likely to recur) application will be made to a Magistrate's Court for a
summons to be issued requiring your attendance before such court to answer a complaint which
will be made for the purpose of enforcing the abatement of the nuisance and/or prohibiting the
recurrence thereof, or both, and for recovering the costs and penalties that may be incurred
thereby.
Dated this ..day of ....... , 19
Signature
.........................................................
....
FORM D [s. 127(4)]
PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE
(Chapter 132)
(section 127(4))
Nuisance Order
To A.B., of ..............................................................................
(or to the owner or occupier of) (describe premises) situated (insert such description of the situation
as may he sufficient to identify the premises), WHEREAS the said A.B. (or the owner or occupier,
namely ....................................
of the said premises within the meaning of the Public Health and Municipal Services Ordinance has
this day appeared before me (or us, describing the court) to answer the matter of a complaint made
by &c. that at &c. (follow the words of complaint in summons) (or in case the party charged do not
appear, say WHEREAS it has been now proved to my (or our) satisfaction that a summons has
been duly served according to the Public Health and Municipal Services Ordinance, requiring the
said A.B. (or the owner or occupier of the said premises) to appear this day before me (or us) to
answer the matter of a complaint made by &c. that at &c.):
(Any of the following orders may be made or a combination of any of them, as the case
seems to require).
Abatement order
Now on proof here had before me (or us) that the nuisance so complained of does exist at
the said premises (add, where the order is made on the person causing the nuisance, and that the
nuisance is caused by the act, default or suffering of A.B.), 1 (or we), in pursuance of the Public
Health and Municipal Services Ordinance, do order the said A.B. (or the said owner or occupier) within (specify the
time) from the service of this order according to the said Ordinance to (here specify the nuisance to be abated).
Prohibition Order No. 1
And I (or we) being satisfied that, notwithstanding that the said nuisance may be temporarily abated under this
order, the nuisance is likely to recur, do therefore prohibit the said A.B. (or the said owner or occupier) from allowing
the recurrence of the said or like nuisance (and for that purpose I or we direct the. said A.B. or the said owner or
occupier [here specify any works to be executed]).
Prohibition Order No. 2
Now, on proof here had before me (or us) that at or recently before the time of making the said
complaint, to wit, on .............................................................................
the nuisance so complained of did exist at the said premises, but that the nuisance has since been abated (add where
the order is made on the person causing the nuisance, and that the nuisance was caused by the act, default or
sufference of A.B.), yet, notwithstanding the abatement, 1 (or we) being satisfied that it is likely that the same or the
like nuisance will recur at the said premises, do therefore prohibit (continue as in Prohibition Order No. 1).
Closing order
Now, on proof here had before me (or us) that the nuisance is such as to render the dwelling-house (describe the
house) situated at (insert such a description of the situation as may be sufficient to identify the dwelling-house) unfit
in my (or our) judgment for human habitation, I (or we) in pursuance of the Public Health and Municipal Services
Ordinance, do hereby prohibit the use of the said dwelling-house for human habitation.
Dated this ..day of ........... 19
[L.S.]
(Signed) ...............................................................
Magistrate/Justice of the Peace.
(Amended 32 of 1963 s. 17)
FORM E [s. 112A(1)(a)]
PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE
(Chapter 132)
(section 112A(1))
Notice to bury or cremate human remains
To ........................................................................................
(person who has the right to effect the disposal of the remains of the deceased).
WHEREAS ..........................................................................................
(specify name of deceased), hereinafter referred to as 'the deceased', died
at .........................................................................................................
(specify place of death) ...............on or
about the ......day of ...............19 .......
(specify date of death):
AND WHEREAS-
(a) a certificate of registration of such death was issued under section 17(1) of the Births and
Deaths Registration Ordinance (Cap. 174) on the ...............................................
day of ................. 19 .... (specify date of issue); or
(b) an order under section 17(1) of the Births and Deaths Registration Ordinance to bury or
cremate the body of the deceased was obtained from ......................................................
.......................................................................................................
(specify name of person making order), a coroner, on the .................................................
day of ................ 19 .............. (specify date of order); or
(c) written sanction/direction* to bury the body of the deceased was given under section 16(1)
of the Births and Deaths Registration Ordinance by .......................................................
..........................................................................................................
(specify name of person making order), Registrar of Births and Deaths/deputy registrar of
births and deaths/district registrar of births and deaths*, on the
.........................................
day of ................19 ...(specify date of order); or
(d) a permit to bury the body of deceased was issued under section 16(1) of the Births and
Deaths Registration Ordinance by
.................
(specify name of inspector or other officer in charge the issued permit) of the
.................
police station (specify name of police station at which the application for a permit was
made) on the ............ day of ........... 19 .............
(specify date of issue):
(complete whichever of paragraphs (a), (b), (c) or (d) is applicable and delete other paragraphs)
NOW TAKE NOTICE that under the provisions of the Public Health and Municipal Services
Ordinance, the
...........................................................................................................
...............
(specify the Authority) hereby requires you to cause the remains of the deceased to be
lawfully
buried or cremated within
........................................................................................................
(specify period) from the date of service of this notice on you.
IF you fail to comply with the requirements of this notice, the .........................................
........................................................................... (specify the Authority)
may take possession of such remains and arrange for their disposal in any manner it/he* may
think fit. You will also be guilty of an offence.
THIS notice does not exempt you from any provision in any other enactment governing the
burial or cremation of human remains. In particular, if you wish to cremate the remains of
the deceased, you must comply with the provisions of sections 124C, 124D, 124E and
124F.
Dated this .................................... day of ............ 19 .................
Signature .............................................................
Note: * Delete whichever is inapplicable.
(Added 48 of 1969 s.12. Amended 21 of 1973 s. 17, 10 of 1986s. 29)
FORM F [s. 128(1)]
PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE
(Chapter 132)
(section 128(1))
Prohibition Order
CONCERNING the premises/vessel known as .................................................................................
...................................... situated at ............................................
TO the occupier of the said premises/master of the said vessel OR to the occupier of part thereof,
namely .....................................................................
(specify part the subject of the application).
WHEREAS application has been made to me by ...............
...........................................
(public officer or public body making the Application) for an order prohibiting the use of the
above
premises/vessel/specified part as
.......................................................................................................
(specify use to be prohibited) on the grounds that the said premises arelvessel is/specified part is
being used without registration/licence/permit OR in contravention of a suspension of
registration/ licence/permit OR in contravention of the provisions of the Public Health and
Municipal Services
Ordinance, namely .....................................................(specify the contravention):
NOW on proof to my satisfaction of the said grounds and that at least 14 days' notice of
intention to apply for this Order has been given as required by law, 1 DO, in exercise of my
powers under section 128(1) of the Public Health and Municipal Services Ordinance--
(a) order that a copy of this Order, in English and Chinese, be served by affixing it to a
conspicuous part of the said premises/vessel/specified part;
(b) prohibit the use of the said premises/vessel/specified part thereof as/for
...................................................................... (specify use prohibited)
from the 8th day after copies of this Order have been so served until such time as
this
Order may be rescinded in accordance with section 128(2) of the Public Health and
Municipal Services Ordinance.
Dated this ......... day of ........... 19 ............
[L.S.]
(Signed)
......................................
........................
Magistrate.
Note: 1.The penalties for a breach of this Order are a fine of $60,000 and imprisonment for 12
months and a fine of $1,000 for each day during which the offence continues.
2.If this Order relates to premises, a vessel or a specified part to which regulations made
under section 56 of the Public Health and Municipal Services Ordinance apply, failure
to comply with it continuously from the 8th day after service of this Order may result
in a Closure Order being made in respect of the premises/vessel/specified part.
3.The penalty for removing or defacing a copy of this Order affixed to any premises,
vessel or specified part is a fine of $10,000 and imprisonment for 6 months.
1988
FORM G
PUBLIC HEALTH AND MUNICIPAL SERVICES
ORDINANCE
(Chapter 132)
(section 128(4))
Closure Order
TO ....................................................................................
(public officer or public body making the application).
WHEREAS a Prohibition Order was made by me
....................................................................
....................... (OR specify the person who made the order) on
the ..day of .....19 .. in respect of the premises/vessel/specified part
known as .....................................................
............................ situated at
........ prohibiting the use of those premises/that vessel/that part as
........ (specify use prohibited);
AND WHEREAS application has been made to me for a Closure Order in respect of those
premises/that vessel/that part, being premises/a vessel/a part to which regulations made under
section 56 of the above Ordinance apply:
NOW on proof to my satisfaction that the Prohibition Order has not been continuously
complied with from the 8th day after it was served and that at least 14 days' notice of intention
to apply for this Order has been given as required by law, 1 DO, in exercise of my powers under
section 128(4) of the Public Health and Municipal Services Ordinance, authorize you .
................................
..............................................
(public officer or public body applying for the Closure Order)---
(a)to serve a copy of this Order by affixing it to a conspicuous part of the said
premises/vessel/specified part;
(b)on the 8th day thereafter to close the said premises/vessel/specified part in the manner
prescribed by law.
Dated this ............................. day of ..........., 19 .....................
[L.S.]
(Signed)
.......................................
........................
Magistrate.
Note: 1.It is an ofrence for any unauthorized person to enter or remain in or on the premises,
vessel or specified part to which this Order relates after it has been served. The
penalties are a fine of $60,000 and imprisonment for 12 months and a fine of
$1,000 for each day during which the offence continues.
2.The penalty for removing or defacing a copy of this Order affixed to any premises,
vessel or specified part or for breaking or interfering with any lock or seal placed on
any premises, vessel or specified part is a fine of $10,000 and imprisonment for 6
months.
1988
EIGHTH SCHEDULE [ss. 149(1) & 151]
REGULATIONS CONTINUED IN
OPERATION
Section of Ordinance
under which deemed
Reference Citation to have been made
or prescribed
1.Cap. 132, sub. leg. (15 Mosquito Prevention (Urban Council) Section 28
of 1935, Schedule A) By-laws
2.Cap. 132, sub. leg. Advertisements By-laws Section 104
(G.N. 342/20)
3.Cap. 97, sub. leg. Duplicate Permits and Licences (New
(G.N. 119/31) Territories) Rules
4.Cap. 132, sub. leg. Offensive Trades (Regional Council) Section 49
(G.N.A. 223/48) By-laws
5.Cap. 132, sub. leg. Slaughter-houses (Regional Council) Section 77
(G.N.A. 86/52) By-laws
6.Cap. 132, sub. leg. Public Swimming Pools (Urban Section 42
(G.N.A. 79/57) Council) By-laws (Citation amended
G.N.A. 55/62)
(Amended 32 of 1963 s. 18; 48 of 1969 s. 13; 21 of 1973 s. 17)
NINTH SCHEDULE [s. 150]
PENALTIES
Section Penalty Daily penalty
6(1)(a), (b) or (e) $ 1,250 fine -
6(1)(d) or (e) $ 2,500 fine -
7(2) $ 1,250 fine -
9(a) or (b) $ 500 fine -
10(3) $ 500 fine -
13(2)(a) $ 2,500 fine $ 50 fine
13(5) $ 500 fine $ 15 fine
14(2)(a) $ 1,500 fine $ 25 fine
20(3)(b) $ 2,500 fine $ 150 fine
22(1)(a) $ 1,500 fine $ 25 fine
22A(I)(b) $ 1,500 fine $ 50 fine
24(2)(a) $ 1,500 fine $ 25 fine
25(a) $ 500 fine -
25(b) $ 1,500 fine -
27(2)(a) or (3)$10,000 fine $ 250 fine
30(2)(a) $ 2,500 fine $ 50 fine
31 $ 500 fine -
32(2)(a) $ 2,500 fine $ 50 fine
33(3)(a) $ 2,500 fine $ 50 fine
34(a) or (b) $ 500 fine -
36(2) $ 2,500 fine $ 50 fine
43(2) $ 20 fine -
Section Penalty Daily penalty
47(2)(a) $ 2,500 fine $ 50 fine
47(5) $ 500 fine -
50(4) $ 5, 000 fine and 3 months -
imprisonment
51(5) $ 5,000 fine and 3 months -
imprisonment
5 1 A(4) or (5) $5,000 fine and 3 months -
imprisonment
52(1) or (2) $ 5,000 fine and 3 months -
imprisonment
54(1) or (2) $25,000 fine and 6 months -
imprisonment
58(4) or (5) $ 5,000 fine and 3 months -
imprisonment
59(1 A) or (3) $25,000 fine and 6 months -
imprisonment
61(1) or (2) 25,000 fine and 6 months -
imprisonment
62(4) $ 2,500 fine -
63(9) $ 2,500 fine -
68(3) $ 500 fine -
69(2) $ 5,000 fine and 3 months -
imprisonment
72(1) or (2) $25,000 fine and 6 months -
imprisonment
81(2) $ 50 fine -
83B(3) $ 2,500 fine and 1 month $ 150 fine
imprisonment (first conviction)
$ 5,000 fine and 6 months $ 150 fine
imprisonment (second or subsequent
conviction)
92C(1) $ 2,500 fine and 6 months -
imprisonment
92C(2) 510,000 fine and 6 months $ 250 fine
imprisonment
93(4) $ 5,000 fine and 3 months $ 250 fine
imprisonment
94(3) $ 2,500 fine -
94(3A)or (3B) $ 5,000 fine and 3 months -
imprisonment
101(3) $ 5,000 fine and 3 months -
imprisonment
104A(2) $ 5,000 fine $150 fine
104B(2) $ 5,000 fine $150 fine
105(2)(a) $ 2,500 fine $ 50 fine
105F(3) $ 500 fine -
105S(1) $ 1,000 fine and 3 months -
imprisonment
110(2) $ 20 fine -
HID $ 5,000 fine -
112(1) or (2) $ 500 fine $ 15 fine
112A(3)(a) $ 2,500 fine -
11 2A(3)(b) $ 2,500 fine $ 50 fine
115(3) $ 2,500 fine -
117(2) $ 250 fine -
118(1) or (2) $ 2,500 fine and 6 months -
imprisonment
124(2) $ 2,500 fine -
Section Penalty Daily penalty
124F(1) $ 2,500 fine and 6 months -
imprisonment
124F(2) 2 years imprisonment -
124F(3) 5 years imprisonment -
125(5) $ 1,500 fine -
127(3)(a) or (b) $ 5,000 fine $ 100 fine
127(7)(a) $10,000 fine $ 250 fine
128(3) $60,000 fine and 12 months $1,000 fine
imprisonment
128(10)(a) $60,000 fine and 12 months $1,000 fine
imprisonment
128(10)(b) or (c) $10,000 fine and 6 months -
imprisonment
139 $ 10,000 fine and 6 months
imprisonment
(Replaced 37 of 1987 s. 4. Amended 76 of 1988 s. 7)
TENTH SCHEDULE [s. 79]
PART 1
URBAN COUNCIL AREA
PUBLIC MARKETS IN HONG
KONG
Name of Market Name in Chinese
Aberdeen Market
Ap, Lei Chau Market
Bowrington Road Market
Bridges Street Market
Causeway Bay Market
Central Market
Centre Street Market
Chai Wan Temporary Market
Hollywood Road Market
Kennedy Town Wholesale Market
Kut Shing Street Cooked Food Market
Lee Chung Street Cooked Food Market
Lockhart Road Market
Nam Long Shan Road Cooked Food Market
North Point Market
North Street Market Kennedy Town
Quarry Bay Market
Sai Wan Ho Market
Sai Wan Ho Temporary Cooked Food Market
Sai Ying Pun Market
Shau Kei Wan Market
Shek Tong Tsui Market
Smithfield Road Temporary Market
Stanley Market
Name of Market Name in Chinese
Tang Lung Chau Market
Tin Wan Market
Wan Chai Market
Western Market, North Block
Wong Nai Chung Market
Yue Kwong Road Market
Yue Wan Market
PUBLIC MARKETS IN KOWLOON AND NEW KOWLOON
Name of Market Name in Chinese
Boundary Street Market
Cha Kwo Ling Market
Cheung Sha Wan Cooked Food Market
Choi Hung Road Market
Fat Kwong Street Temporary Cooked Food
Market
Haiphong Road Temporary Market
Hung Hom Market
Kowloon City Market
Kwun Chung Market
Kwun Tong Ferry Concourse Cooked Food
Market
Mong Kok Market
Mong Kok Road Temporary Market
Ngau Chi Wan Market
Ngau Tau Kok Market
On Ching Road Flower Market
Po On Road Market
Sham Shui Po Market
Shui Wo Street Market
Sze Shan Street Cooked Food 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
Yuen Ling Market
PART 11
REGIONAL COUNCIL
AREA
PUBLIC MARKET IN THE REGIONAL COUNCIL
AREA
Name of Market Name in Chinese
Chai Wan Kok Cooked Food Market
Cheung Tat Road Cooked Food Market
Fo Tan Cooked Food Market (East)
Name of Market Name in Chinese
Fo Tan Cooked Food Market (West)
Heung Che Street Market
Heung Che Street Temporary Market
Hung Cheung Cooked Food Market
Hung Shui Yiu Temporary Market
Ka Ting Cooked Food Market
Kam Tin Market
Kik Yeung Road Cooked Food Market
Kin Wing Cooked Food Market
Kin Yip Street Cooked Food Market
Kwai Shun Street Cooked Food Market
Kwong Choi Market
Kwu Tung Market Shopping Centre
Lam Tei Market
Lau Fau Shan Market
Mui Wo Cooked Food Market
North Kwai Chung Market
Peng Chau (South) Market
Sai Kung Market
San Hui Market
Sha Tau Kok Market
Sha Tin Market
Sham Tseng Temporary Market
Shek Wu Hui Market
Shek Wu Hui Temporary Market I
Shek Wu Hui Temporary Market II
Tai Kiu Market
Tai 0 (Lantau) Market
Tai Po Kuk Teng Market
Tai Po Market
Tai Po Temporary Market
Tai Tong Road Cooked Food Market
Tai Wai Market
Tai Yuen Street Cooked Food Market
Tak Wah Street Temporary Market
Tsing Yeung Cooked Food Market
Tsuen King Circuit Market
Tsuen Wan Market
Tui Min Hoi Market
Wing Fong Street Market
Wo Yi Hop Road Cooked Food Market
Yan Oi Market
(Added 21 of 1973 s. 19. Amended L.N. 179/73; L.N. 181/73; L.N. 258/73; L.N. 206/74;
L.N. 198/75; L.N. 213/75; L.N. 132/76; L.N. 103/79; L.N. 141/79; L.N. 179/79; L.N. 241/79;
L.N. 301/79; L.N. 31/80; L.N. 49/80; L.N. 60/80; L.N. 117/80; L.N. 138/80; L.N. 183/80;
L.N. 206/80; L.N. 155/81; L.N. 167/81; L.N. 186/81; L.N. 205/81; L.N. 338/81; L.N. 346/81;
L.N. 63/82; L.N, 93/82; L.N. 94/82; L.N. 125/82; L.N. 212/82; L.N. 280/82; L.N. 382/82;
L.N. 389/82; L.N. 398/82; L.N. 399/82; L.N. 45/83; L.N. 62/83; L.N. 91/83; L.N. 151/83;
L.N. 169/83; L.N. 347/83; L.N. 48/84; L.N. 61/84; L.N. 111/84; L.N. 159/84; L.N. 287/84;
L.N. 351/84; L.N. 396/84; L.N. 421/84; L.N. 30/85; L.N. 54/85; L.N. 149/85; L.N. 204/85;
L.N. 275/85; L.N. 355/85; L.N. 10/86; 10 of 1986 s. 30; L.N. 103/86; L.N. 289/86;
L.N. 314/86; L.N. 94/87; L.N. 169/87; L.N. 372/87; L.N. 387/87; L.N. 197/88; L.N. 342/88;
L.N. 343/88)
ELEVENTH SCHEDULE [s. 92A]
LICENSED ACTIVITIES
Public billiard saloon
Public bowling-alley
Public skating rink
Public table tennis saloon
Undertaker of burials
(Added 21 of 1973 s. 19)
TWELFTH SCHEDULE [s. 105A]
STADIA
Hong Kong Stadium at So Kun Po
Mong Kok Stadium
(Added 21 of 1973 s. 19. Amended L.N. 19/74; L.N. 195/74; L.N. 190/85; L.N. 353/87)
THIRTEENTH SCHEDULE [s. 105M]
CIVIC CENTRES
The City Hall at Connaught Road Central
The Hong Kong Coliseum at Cheong Wan Road, Hung Hom
The Hong Kong Cultural Centre, not including the marriage registry and any building or part of a
building designated under section 105G as a museum or under section 105K as a library, at
Salisbury Road, Tsim Sha Tsui
The Ko Shan Theatre at the Ko Shan Road Park, Hung Hom
The Lut Sau Hall at the Chiu Lut Sau Memorial Secondary School at Tai Yuk Road, Yuen Long
The Ngau Chi Wan Civic Centre at the junction of Clear Water Bay Road and
Lung Cheung Road, Kowloon
The North District Town Hall at the North District Community Centre, Sheung Shui
The Queen Elizabeth Stadium at Oi Kwan Road, Wan Chai
The Sha Tin Town Hall at Yuen Wo Road, Sha Tin
The Sheung Wan Civic Centre at Queen's Road Central, Hong Kong
The Tai Po Civic Centre at the Tai Po Government Secondary School at On Pong Road, Tai Po
The Tsuen Wan Town Hall at Tai Ho Road, Tsuen Wan
The Tuen Mun Town Hall at Tuen Hi Road, Tuen Mun
(Added 21 of 1973 s. 19. Amended L.N. 30/80; L.N. 87/80; L.N. 203/81; L.N. 223/81; L.N.
53/82; L.N. 194/82; L.N. 46/83; L.N. 90/83; L.N. 74/85; L.N. 126/86; L.N. 272/86; L.N.
139/87; L.N. 89/88; L.N. 90/88; L.N. 119/88)
FOURTEENTH SCHEDULE
PUBLIC SWIMMING POOLS
Urban Council Area
Chai Wan Swimming Pool
Kennedy Town Swimming Pool
Kowloon Tsai Swimming Pool
Kwun Tong Swimming Pool
Lai Chi Kok Park Swimming Pool
Lei Cheng Uk Swimming Pool
Morrison Hill Swimming Pool
Morse Park Swimming Pool
Pao Yue Kong Swimming Pool Complex
Sham Shui Po Park Swimming Pool
Tai Wan Shan Swimming Pool
Victoria Park Swimming Pool
Wan Chai Training Pool
(Added 21 of 1973 s. 19. Amended L.N. 199/75; L.N. 129/77; L.N. 248/77; L.N. 255/80;
L.N. 360/84; L.N. 277/85; L.N. 328/85; 10 of 1986 s. 31)
Regional Council Area
Fanling Swimming Pool
Kwai Shing Swimming Pool
North Kwai Chung Jockey Club Public Swimming Pool c Royal
The Royal Hong Kong Jockey Club Yan Oi Tong Swimming Pool
ShaTin Jockey Club Public Swimming Pool
Tsuen King Circuit Wu Chung Public Swimming Pool
Tuen Mun Swimming Pool
Yuen Long Public Swimming Pool
(Added L.N. 199/75. Amended L.N. 25/78; L.N. 285/78; L.N. 179/81; L.N. 40/83; L.N.
208/84; L.N. 239/84; 10 of 1986 s. 31; L.N. 322/86; L.N. 360/88)
FIFTEENTH SCHEDULE [s. 152(3)]
SUBSTITUTION OF TITLES OF SUBSIDIARY LEGISLATION
Old title New title
Abattoirs By-laws Abattoirs (Urban Council) By-laws
Basements By-laws Basements (Urban Council) By-laws
Bathing Beach By-laws Bathing Beach (Urban Council) By-laws
Bathing Beach (New Territories) Regulations Bathing Beach (Regional Council) By-laws
Commercial Bathhouses By-laws Commercial Bathhouses (Urban Council)
By-laws
Conservancy By-laws Conservancy (Urban Council) By-laws
Food Business By-laws Food Business (Urban Council) By-laws
Food Business (New Territories) Regulations Food Business (Regional Council) By-laws
Frozen Confections By-laws Frozen Confections (Urban Council) By-laws
Frozen Confections (New Territories) Frozen Confections (Regional Council)
Regulations By-laws
Funeral Parlour By-laws Funeral Parlour (Urban Council) By-laws
Hawker By-laws Hawker (Urban Council) By-laws
Hawker (New Territories) Regulations Hawker (Regional Council) By-laws
Restriction of Hawking in Special Areas Restriction of Hawking in Special Areas
(New Territories) (Consolidation) (Regional Council Area) (Consolidation)
Notification Notification
Public Funeral Hall By-laws Public Funeral Hall (Urban Council) By-laws
Declaration of Markets in the Urban Areas Declaration of Markets in the Urban Council
Area
Declaration of Markets in the New Declaration of Markets in the Regional
Territories Council Area
Milk By-laws Milk (Urban Council) By-laws
Milk (New Territories) Regulations Milk (Regional Council) By-laws
Old title New title
Mosquito Prevention By-laws Mosquito Prevention (Urban Council)
By-laws
Offensive Trades By-laws Offensive Trades (Urban Council) By-laws
Declaration of Offensive Trades in the Urban Declaration of Offensive Trades in the Urban
Areas Council Area
Offensive Trades (New Territories) Offensive Trades (Regional Council) By-laws
Regulations
Declaration of Offensive Trades in the New Declaration of Offensive Trades in the
Territories Regional Council Area
Pleasure Grounds By-laws Pleasure Grounds (Urban Council) Bylaws
Private Cemeteries By-laws Private Cemeteries (Urban Council) By-laws
Private Cemeteries (New Territories) Private Cemeteries (Regional Council)
Regulations By-laws
Private Markets (New Territories) Private Markets (Regional Council) By-laws
Regulations
Public Cemeteries By-laws Public Cemeteries (Urban Council) By-laws
Public Cemeteries (New Territories) Public Cemeteries (Regional Council)
Regulations By-laws
Public Cleansing and Prevention of Public Cleansing and Prevention of
Nuisances By-laws Nuisances (Urban Council) By-laws
Public Cleansing and Prevention of Public Cleansing and Prevention of
Nuisances (New Territories) Regulations Nuisances (Regional Council) By-laws
Public Conveniences (Conduct and Public Conveniences (Conduct and
Behaviour) By-laws Behaviour) (Urban Council) By-laws
Public Conveniences (New Territories) Public Conveniences (Regional Council)
Regulations By-laws
Public Market By-laws Public Market (Urban Council) By-laws
Public Market (New Territories) Regulations Public Market (Regional Council) By-laws
Public Swimming Pools By-laws Public Swimming Pools (Urban Council)
By-laws
Sanitation and Conservancy (New Sanitation and Conservancy (Regional
Territories) Regulations Council) By-laws
Public Swimming Pools (New Territories) Public Swimming Pools (Regional Council)
Regulations By-laws
Slaughter-houses (New Territories) Slaughter-houses (Regional Council) By-laws
Regulations
Swimming Pools By-laws Swimming Pools (Urban Council) By-laws
Swimming Pools (New Territories) Swimming Pools (Regional Council) By-laws
Regulations
Ventilation By-laws Ventilation (Urban Council) By-laws
Wells and Water Storage By-laws Wells and Water Storage (Urban Council)
By-laws
Library (New Territories) (Listening Areas) Library (Regional Council) (Listening Areas)
Fees Notice Fees Notice
Exhumation (Fees) By-laws Exhumation (Fees) (Urban Council) By-laws
Exhumation (Fees) (New Territories) Exhumation (Fees) (Regional Council)
Regulations By-laws
Stadia By-laws Stadia (Urban Council) By-laws
Stadia (New Territories) Regulations Stadia (Regional Council) By-laws
Library By-laws Library (Urban Council) By-laws
Library (New Territories) Regulations Library (Regional Council) By-laws
Museums (Urban Areas) By-laws Museums (Urban Council) By-laws
Old title New title
Pleasure Grounds (New Territories) Pleasure Grounds (Regional Council)
Regulations By-laws
Library (Listening Areas and Viewing Areas) Library (Listening Areas and Viewing Areas)
Fees Notice (Urban Council) Fees Notice
Cremation and Gardens of Remembrance Cremation and Gardens of Remembrance
By-laws (Urban Council) By-laws
Cremation and Gardens of Remembrance Cremation and Gardens of Remembrance
(New Territories) Regulations (Regional Council) By-laws
Undertakers of Burials By-laws Undertakers of Burials (Urban Council)
By-laws
Undertakers of Burials (New Territories) Undertakers of Burials (Regional Council)
Regulations By-laws
Hawker (Permitted Place) (Consolidation) Hawker (Permitted Place) (Urban Council)
Declaration (Consolidation) Declaration
Places of Amusement By-laws Places of Amusement (Urban Council)
By-laws
Places of Amusement (New Territories) Places of Amusement (Regional Council)
Regulations By-laws
Ventilation of Scheduled Premises (New Ventilation of Scheduled Premises (Regional
Territories) Regulations Council) By-laws
Ventilation of Scheduled Premises By-laws Ventilation of Scheduled Premises (Urban
Council) By-laws
Food Business By-laws (Exemption from Food Business (Urban Council) By-laws
By-law 32(1)) (Consolidation) Notice (Exemption from By-law 32(1))
(Consolidation) Notice
Food Business (New Territories) Regulations Food Business (Regional Council) By-laws
(Exemption from Regulation 31(1)) (Exemption from By-law 31(1))
(Consolidation) Notice (Consolidation) Notice
Civic Centres By-laws Civic Centres (Urban Council) By-laws
Civic Centres (New Territories) Regulations Civic Centres (Regional Council) By-laws
Funeral Parlour (New Territories) Funeral Parlour (Regional Council) By-laws
Regulations
Museums (New Territories) Regulations Museums (Regional Council) By-laws