ADVERTISEMENTS REGULATION ORDINANCE

ADVERTISEMENTS REGULATION ORDINANCE

CHAPTER 52.

ADVERTISEMENTS
REGULATION.

To control the exhibition of advertisements.

[17th May, 1912.]

1. This Ordinance may be cited as the Advertisements

Regulation Ordinance.

2. In this Ordinance-

'advertisement' includes any structure or apparatus erected or
intended only for the display of advertisements but does not
include any advertisement or structure or apparatus which
is not visible from any street, or from the waters of the
Colony, or from any other place to which the public have
access, or from any land or building not belonging to or in
the possession of the owner or occupier of the land or
building on or in which such structure or apparatus is
erected or on or in which the advertisement is exhibited;

'building' includes every house, hut, shed or roofed inclosure,
whether used for the purposes of human habitation or for
manufacture, storage, business or otherwise, and also every
wall, fence, roof, staging, gate, post, pillar, paling, frame,
hoarding, slip, dock, wharf, pier, jetty, landing stage or
bridge;

'owner' includes any person holding premises direct from the
Crown and also any person for the time being receiving the
rent of any premises whether on his own behalf or on that
of any other person and where such owner as above
defined cannot readily be found or is absent from the
Colony or is under disability the occupier shall for the
purposes of this Ordinance be deemed an owner;

'sky sign' means any word, letter, model, sign, device or
representatton in the nature of an advertisement,
announcement or direction, supported on or attached to any
post, pole, standard, framework or other support, wholly or
in part upon, over or above any building, structure or
erection, which or any part of which sky





sign is visible against the sky from some point in any public place
in the Colony or in the waters thereof, and includes all and every
part of any such post, pole, standard, framework or other support.
'sky sign' also includes any balloon, parachute, searchlight,
flashlight or other similar device employed wholly or in part for
the purposes of any advertisement or announcement on, over or
above any building, structure or erection of any kind or on or over
any public place in the Colony or in the waters thereof; but does
not include any flagstaff, pole, vane or weathercock unless
adapted or used wholly or in part for the purpose of any
advertisement or announcement.

3. (1) It shall be lawful for the Urban Council to make by-laws with
regard to the following matters

(a)the licensing, control, prohibition and removal of
advertisements of any kind whatsoever;

(b)the prescribing of fees to be charged in connexion with any
of the above matters.

(2) By-laws shall be submitted to the Governor, and shall be
subject to the approval of the Legislative Council.

4. (1) By-laws made under section 3 may provide that a
contravention of any such by-law shall be an offence and may
prescribe penalties therefor : Provided that no penalty so prescribed
shall exceed a fine of one thousand dollars.

(2) Upon summary conviction for an offence against any such by-
law an order may be made for removal of the advertisement.

(3) Any person who fails to comply with any such order shall be
liable to a fine of twentv-five dollars for every day that he is in default
and to imprisonment for three months.

5. (1) If any person-

(a)against whom an order for the removal of an advertisement is
made by a magistrate, or

(b)on whom a notice under the hand of the Secretary of the
Urban Council is served requiring the removal of an
advertisement on such grounds as may be prescribed by by-
laws,





fails to remove the advertisement as required by such order or notice,
then without prejudice to the liability of such person to any penalty for
non-compliance with the order or the liability of such person or owner
for any breach of by-laws, it shall be lawful for any person authorized
in that behalf by the Chairman of the Urban Council at any time in the
daytime to enter into and upon the land or building on or in which the
advertisement is erected or exhibited and to remove or obliterate the
advertisement.

(2) It shall be lawful for the Chairman of the Urban Council or any
person deputed by him for that purpose to enter at any time into and
upon any premises and remove any sky sign erected or maintained in
contravention of by-laws.

(3) The materials of any advertisement removed in pursuance of
this section shall be forfeited to the Crown.

6. (1) Any expenses incurred by the Chairman of the Urban
Council in consequence of any default in complying with an order or
notice requiring the removal of any advertisement shall be deemed to
be money paid for the use and at the request of the person against
whom the said order or the person or owner on whom the said notice
was served and shall be recoverable from him in the ordinary COUrse
of law at the suit of the Chairman of the Urban Council.

(2) The provisions of the Supreme Court (Summary jurisdiction)
Ordinance shall apply to the recovery of all such expenses and the
certificate required by that Ordinance shall be signed by the Chairman
of the Urban Council.

7. Any notice to be given under the provisions of this Ordinance
or any by-laws thereunder may be served either personally or by
leaving the same at or by sending the same by post to the last known
place of business or residence in the Colony of the person to be served
and any notice sent by post shall be deemed to be duly served at the
time when it ought in due course of post to be delivered at the address
to which it is sent: Provided that in addition to the foregoing means of
service a notice to be served upon the owner of any land or building
whereon any advertise-





ment is erected or exhibited may be served by affixing the same upon a
conspicuous part of such land or building.

8. (1) Whenever any person is dissatisfied with the exercise of the
discretion of the Urban Council or of any person to whorn
discretionary power is given under this Ordinance in respect of any act,
matter or thing which is by this Ordinance made subject to the exercise
of the discretion of such authority, or with any action or decision of the
Council or of any such person either as to the carrying out of or the
meaning of any of the provisions of this Ordinance, or whenever
any of the provisions of this Ordinance are, owing to the special
conditions, undesirable, the person so dissatisfied may, unless
proceedings have already been taken before a magistrate in relation
thereto, appeal to the Governor in Council, who, if in his opinion the
exercise of such discretion or such action or decision requires
modification, revocation or setting aside, or such special conditions
exist as render any such provision undesirable, may make such order in
respect thereof as rnay be just.

(2) The grounds of such appeal shall be concisely stated in
writing, and the appellant may, if he so desires, be present at the
bearing of such appeal and be heard in its support either by himself or
by his representative, and the Governor in Council shall thereafter
determine the matter in the absence of, and without further reference
to, the Urban Council.

9. (I) In any appeal under the provisions of section 8 the Governor
in Council may at any time in his discretion direct a case to be stated
for the opinion of the Full Court on any question of law involved in any
appeal submitted to him. 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 Full Court. The Full Court 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) No proceedings by way of mandamus, injunction,
prohibition or other order shall be taken against the
Governor in Council in respect of anything arising out of
this section.

(4) The Clerk of Councils shall give the appellant seven
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 con-
sideration of the Governor in Council: Provided that
nothing herein contained shall be deemed to prevent any
person from applying to the Supreme Court for a mandamus,
injunction, prohibition or other order, should he elect so
to do instead of appealing to the Governor in Council under
section 8.

10. Every order of the Governor in Council on any
appeal shall be final and may be enforced by the Supreme
Court as if it had been an order of that court.
Originally 19 of 1912. Fraser 19 of 1912. 16 of 1940. 34 of 1940. 9 of 1950. 22 of 1950. Short title. Interpretation. [s. 2 cont.] By-laws. 16 of 1940, ss. 2, 4. 9 of 1950, Schedule. Penalties and order for removal. 16 of 1940, s, 4. 22 of 1950, Schedule. 22 of 1950, Schedule. Power to Chairman of Urban Council to enter premises and remove advertisements. 16 of 1940, s. 3. 34 of 1940, s. 2. Expenses of removal of advertisement and recovery thereof. 16 of 1940, s. 5. (Cap. 5.) 16 of 1940, s. 5. Service of notice. 16 of 1940, s. 4. [s. 7 cont.] Appeal to Governor in Council against decision of any person entrusted with power under this Ordinance. 16 of 1940, s. 6. Governor in Council empowered in any appeal to state case for the opinion of Full Court on question of law. 16 of 1940, s. 6. Order of Governor in Council enforced by the Court. 16 of 1940, s. 6.

Originally 19 of 1912. Fraser 19 of 1912. 16 of 1940. 34 of 1940. 9 of 1950. 22 of 1950. Short title. Interpretation. [s. 2 cont.] By-laws. 16 of 1940, ss. 2, 4. 9 of 1950, Schedule. Penalties and order for removal. 16 of 1940, s, 4. 22 of 1950, Schedule. 22 of 1950, Schedule. Power to Chairman of Urban Council to enter premises and remove advertisements. 16 of 1940, s. 3. 34 of 1940, s. 2. Expenses of removal of advertisement and recovery thereof. 16 of 1940, s. 5. (Cap. 5.) 16 of 1940, s. 5. Service of notice. 16 of 1940, s. 4. [s. 7 cont.] Appeal to Governor in Council against decision of any person entrusted with power under this Ordinance. 16 of 1940, s. 6. Governor in Council empowered in any appeal to state case for the opinion of Full Court on question of law. 16 of 1940, s. 6. Order of Governor in Council enforced by the Court. 16 of 1940, s. 6.

https://oelawhk.lib.hku.hk/items/show/1741

1950

v2

52

5