WATERWORKS ORDINANCE

WATERWORKS ORDINANCE

LAWS OF HONG KONG

WATERWORKS ORDINANCE

CHAPTER 102





CHAPTER 102

WATERWORKS ORDINANCE

ARRANGEMENT OF SECTION

Section Page

PART 1

PRELIMINARY

1. Short title ................................ ... ... ... ... ... ... 3
2. Interpretation ............................. ... ... ... ... ... ... ... 3

PART 11

DUTIES AND POWERS OF WATER
AUTHORITY

3...............Control of waterworks ......... ... ... ... ... ... ... ... ... ... 5

4....................Duties of the Water Authority ... ... ... ... ... ... ... ... ... 5
5....................Delegation by the Water Authority ... ... ... ... ... ... ... ... 5

6........................Power of Governor to give directions ... ... ... ... ... ... ... 5

7......................Approval of consumer and agent ... ... ... ... ... ... ... ... 6
8......................Refusal of a connexion or reconnexion ... ... ... ... ... ... ... 6
9......................Restriction or suspension of a supply ... ... ... ... ... ... ... 7

10. Disconnexion of a fire service or inside service ... ... ... ... ... ... 7

11............................Notice of restriction, suspension or disconnexion ... ... ... ... ... 7

12...................Power of entry into premises ... ... ... ... ... ... ... ... ... 8

13............Public standpipes ............... ... ... ... ... ... ... ... ... ... 9

PART III

FIRE SERVICES AND INSIDE
SERVICES

14...............................Construction, etc., of fire services and inside services ... ... ... ... 9

is........................Construction, etc. by licensed plumbers ... ... ... ... ... ... ... 9

16...............................Water Authority may require repairs to be carried out ... ... ... ... 10
17...............................Cost of constructing, etc., fire services and inside services ... ... ... 10

18...............Supply to be metered ......... ... ... ... ... ... ... ... . ... 10

PARTIV

DEPOSITS AND CHARGES

19........Deposits ............................ ... ... ... ... ... ... ... ... 10

20...............Liability for charges ........ ... ... ... ... ... ... ... ... ... 11

21............Unpaid charges .................. ... ... ... ... ... ... ... ... 11

22.................Reduction etc., of charges ... ... ... ... ... ... ... ... ... ... 12







PART V

GATHERING GROUNDS

23...................Mapping of gathering grounds ... ... ... ... ... ... ... ... ... 12

24..........................Control of leased land in gathering grounds ... ... ... ... ... ... 12
25..........................Carrying out of work by Water Authority ... ... ... ... ... ... 13

26............Compensation .................... ... ... ... ... ... ... ... ... 13

27..........................................Compensation to be paid from funds provided by the Legislative Council 14





Section...................................... Page
PART VI

MISCELLANEOUS

28....................Waste or misuse of a supply ... ... ... ... ... ... ... ... ... 14
29..................Unlawful taking of water ... ... ... ... ... ... ... ... ... ... 14
30.........Pollution ....................... ... ... ... ... ... ... ... ... ... 14
31....................Damage, etc., to waterworks ... ... ... ... ... ... ... ... ... is
32...........Obstruction ................... ... ... ... ... ... ... ... ... ... 15
33. Cost of repairing damage and recovery of damages or loss ... ... ... 15
34.........................Presumptions and evidence in writing ... ... ... ... ... ... ... is
35. Penalties ................................. ... ... ... ... ... ... ... 16
36. Power of arrest ........................ ... ... ... ... ... ... ... 16
37. Regulations ............................ ... ... ... ... ... ... ... 16
38. Water Authority may specify notices and forms ... ... ... ... ... ... 17
39. Transitional and saving provisions......... ... ... ... ... ... ... ... 18





CHAPTER 102

WATERWORKS

To repeal and replace the Waterworks Ordinance 1938.

[1st January, 1975.]

PART I

PRELIMINARY

1. This Ordinance may be cited as the Waterworks Ordinance.

2. In this Ordinance, unless the context otherwise requires-

'agent' means a person who is approved under section 7 as an agent
of a communal service;

'charge' means any charge for water, any fee, the cost of repairs or other
works carried out by the Water Authority under section 17, and any
other charge, including a surcharge, which is payable under this
Ordinance;

'communal service' means that part of a fire service or inside service
which is used in common by more than one consumer in the same
premises;

'connexion to the main' means the pipe between the main and the
control valve which is nearest to the main and which regulates the
flow of a supply from the main into a fire service or inside service,
such control valve and all fittings between such control valve and
the main;

'consumer' means a person who is approved under section 7 as a
consumer of a fire service or inside service;

'consumption' means the supply obtained;

'deposit' means a deposit under section 19;

'domestic purpose' means a purpose connected solely with the
occupation of a dwelling-house and does not include a purpose
connected with a garden, lawn, playground or swimming pool
appurtenant to a dwelling-house;

'fire service' means the pipes and fittings in premises, and any pipes
and fittings between the premises and a connexion to the main,
which are used or are intended to be used for a supply solely for the
purposes of fire fighting;

'fitting' means



(a)any apparatus, cistern, cock, equipment, machinery, material,
tank, tap and valve; and

(b)any appliance or device other than a meter,
which is installed or used in a fire service or inside service;





'gathering ground' means any surface of land-

(a)in or by which rain or other water is collected and from which
water is, or is intended to be, drawn for the purposes of a
supply; and

(b) which is mapped as a gathering ground under section 23;

'inside service' means the pipes and fittings in premises, and any pipes
and fittings between the premises and a connexion to the main,
(other than the pipes and fittings forming part of a fire service)
which are used or are intended to be used for the purposes of a
supply;

'land held by the Crown' means land which is not(a) leased land; or

(b) occupied under-

(i) a licence issued under section 5 of the Crown Land
Ordinance;

(ii) a licence or permit granted or issued under any other
Ordinance; or

(iii) a deed or memorandum of appropriation;

'leased land' means land which is

(a) held under a Crown lease; or

(b) vested in a person by an Ordinance;

'licensed plumber' means a person licensed under this Ordinance to
construct, install, maintain, alter, repair or remove fire services or
inside services, and a person deemed under this Ordinance to be a
licensed plumber;

'main' includes a connexion to the main and any pipe owned by the
Government and maintained by the Water Authority for the
purposes of a supply;

'meter' means an appliance or device owned by the Government and
maintained by the Water Authority for the purpose of measuring
consumption;

premises means any building or structure or any part thereof and any
place

(a)in which there is a fire service, inside service or any part of the
waterworks; or

(b)in which a fire service or inside service is intended to be
constructed or installed;

public standpipe' means a standpipe owned by the Government and
established by the Water Authority under section 13;

'supply' means a supply of water provided by the Water Authority
from the waterworks;

'Water Authority' means the Director of Public Works;





'waterworks' means any property occupied, used or maintained by the
Water Authority for the purposes of this Ordinance and any
gathering ground.

PART 11

DUTIES AND POWERS OF WATER AUTHORITY

3. (1) Subject to subsection (2), the Water Authority shall have the
custody and control of the waterworks and of all water therein.

(2) Subsection (1) shall not apply to leased land within a gathering
ground.

4. (1) The duties of the Water Authority shall be-

(a)to supply water from the waterworks in accordance with this
Ordinance;

(b) to acquire and conserve water;

(c) to supervise and regulate consumption;

(d)to ensure the proper administration and management of the
waterworks, and to make due provision for the security thereof;

(e) to require payment of any charge and take such steps as

charge

may be necessary to enforce such payment; and

(f) generally to administer the provisions of this Ordinance.

(2) The Water Authority may do all things necessary or convenient
to be done for and in connexion with or incidental to the due discharge
of his duties under this Ordinance and in particular may construct,
install, inspect, test, regulate, alter, repair or remove any part of the
waterworks in, under or over any street or land held by the Crown.

5. (1) The Water Authority may, either generally or in any particular
case, delegate any public officer to exercise or perform on his behalf any
of the powers conferred or duties imposed upon him under this
Ordinance.

(2) Where any power conferred or duty imposed upon the Water
Authority is exercised or performed by a public officer, the Water
Authority shall, unless the contrary is proved, be deemed to have
delegated the public officer under subsection (1) to exercise the power
or perform the duty.

6. (1) The Governor may give to the Water Authority and to any
public officer, other than a judge, a district judge or a magistrate, such
directions as he thinks fit with respect to the exercise or performance of
their respective powers or duties under this Ordinance, either generally
or in any particular case.





(2) A person to whom a direction is given by the Governor under
subsection (1) shall, in the exercise or performance of his powers or
duties under this Ordinance, comply with that direction.

7. (1) The Water Authority may approve, as the consumer of a fire
service or inside service in any premises, any person who

(a) occupies the premises; or

(b)is responsible for the management of the premises or any part
thereof; and

(c)gives an undertaking, in such form as the Water Authority may
specify,

(i) to pay any charge due in respect of the fire service or
inside service; and

(ii) to accept responsibility for the custody of the fire service
or inside service and any meter pertaining to the fire service or
inside service.

(2) The Water Authority may approve, as the agent of a communal
service in any premises, any person who

(a) occupies the premises; or

(b)is responsible for the management of the premises or any part
thereof; and

(c)gives an undertaking, in such form as the Water Authority
may specify,

(i) to pay any charge due in respect of the communal
service; and

(ii) to accept responsibility for the custody of the communal
service.

(3) A consumer or agent may at any time apply to the Water
Authority for cancellation of an undertaking given by him under this
section and the Water Authority shall, if all charges due from the
consumer or agent have been paid, cancel the undertaking whereupon
he shall cease to be the consumer or agent.

8. (1) The Water Authority may refuse to connect or reconnect a
fire service or inside service to the main if

(a)the fire service or inside service, or any alteration thereto, is
not approved by the Water Authority; or

(b)there is no consumer for the fire service or inside service or, if
there is a communal service, no agent for the communal
service.

(2) Where the Water Authority refuses to connect or reconnect a
fire service or inside service to the main he shall serve on the applicant
for the connexion or reconnexion notice of such refusal and the notice
shall specify the reasons for the refusal.





9. The Water Authority may restrict or suspend a supply,
for such time as he thinks fit, if he is satisfied that this is necessary
or expedient-

(a) to conserve water;

(b) to prevent waste of water;

(c)to construct, install, inspect, test, regulate, alter, repair
or remove any part of the waterworks or any fire service
or inside service;

(d)to avoid damage to, or a breakdown in, the waterworks
or any fire service or inside service, whether from fire,
pollution, waste or otherwise; or

(e) for the protection of life or property.

10. The Water Authority may disconnect a fire service or
inside service if-

(a)any charge in respect of the fire service or inside service
is not paid;

(b)there is no consumer for the fire service or inside service
or, if there is a communal service, no agent for the com-
munal service;

(c)the fire service or inside service does not, in the opinion
of the Water Authority, comply with the provisions of
this Ordinance;

(d)the fire service or inside service is constructed, installed,
or altered without his permission;

(e)the consumer or agent, on receipt of a notice under section
16, fails to carry out the repairs or other works specified
in the notice;

the Water Authority, or any person authorized by him
in writing, is obstructed from entering the premises or
carrying out any function under section 12; or

(g)the Water Authority is satisfied that waste, misuse or
pollution of the supply has occurred or is likely to
occur.

11. (1) Except in the case of an unforeseen emergency, prior
notice of any restriction or suspension of a supply under section 9,
or of disconnexion of a fire service or inside service under section
10, shall be served on the consumer and agent by the Water Authority
and the notice shall specify the reasons for the restriction, suspension
or disconnexion.

(2) Notice under subsection (1) shall, where there is no con-
sumer or agent, be served on the occupier of the premises or left
at the premises.





12. (1) Subject to subsection (2), the Water Authority, and any
person authorized by him in writing, may enter at any reasonable time, or
in case of urgency at any time, any premises to

(a) ascertain consumption;

(b) restrict or suspend a supply under section 9;

(c)disconnect a fire service or inside service under section 10 or
19(2);

(d)ascertain whether there is in respect of a fire service or inside
service on the premises any contravention of this Ordinance;

(e)install, inspect, test, regulate, alter, repair or remove any part of
the waterworks or any fire service or inside service therein.

(2) Except in case of urgency, neither the Water Authority nor a
person authorized by him may enter any premises under subsection (1)
unless he

(a)first obtains the consent of the occupier of such premises; or

(b) first obtains a warrant under subsection (3).

(3) If it is shown to the satisfaction of a magistrate or justice of the
peace on sworn information in writing that

(a)admission to any premises has been refused, or refusal is
apprehended, or the premises are unoccupied, or the occupier
is temporarily absent, or an application for admission would
defeat the object of the entry;

(b)there is reasonable ground for entry into the premises for any
purpose specified in subsection (1); and

(c)notice of the intention to apply for the warrant has been served
on the occupier of the premises, or such notice cannot be
served because the premises are unoccupied or the occupier is
temporarily absent, or the serving of such notice would defeat
the object of the entry,

the magistrate or justice of the peace may by warrant authorize the Water
Authority, or any person authorized by the Water Authority in writing,
to enter the premises, if need be by force.

(4) The Water Authority, or any person authorized by him, entering
any premises under this section may take with him such persons as may
be necessary, and on leaving any unoccupied premises which he has
entered shall leave them as effectually secured against trespassers as he
found them to be at the time of entry.

(5) Every warrant issued under subsection (3) shall continue in
force until the purpose of which the entry is necessary has been
satisfied.





13. (1) The Water Authority may establish public standpipes in any
place to supply water to the public free of charge.

(2) Except with the permission in writing of the Water Authority, no
person shall take water from a public standpipe for any purpose other
than a domestic purpose.

(3) Any person who contravenes subsection (2) shall be guilty of
an offence.

PART Ill

FIRE SERVICES AND INSIDE
SERVICES

14. (1) Subject to subsection (2), no person shall, except with the
permission in writing of the Water Authority, construct, install, alter or
remove a fire service or inside service.

(2) The Water Authority may waive the requirement of permission
under subsection (1) in the case of alterations to a fire service or inside
service which are, in his opinion, of a minor nature.

(3) The construction or installation of a fire service or inside service
shall be carried out in such manner as may be prescribed and the nature,
size and quality of the pipes and fittings of the fire service or inside
service shall be as prescribed.

(4) Any person who contravenes subsection (1) or (3) shall be
guilty of an offence.

15. (1) Subject to subsection (2), no fire service or inside service
shall be constructed, installed, maintained. altered, repaired or removed
by a person other than a licensed plumber or a public officer authorized
by the Water Authority.

(2) Alternations or repairs to a fire service or inside service which
are, in the opinion of the Water Authority, of a minor nature, or the
rewashering of a tap, may be carried out by a person other than a
licensed plumber or a public officer authorized by the Water Authority.

(3) Subject to subsection (2), any person who-

(a) contravenes subsection (1); or

(b)employs or permits a person other than a licensed plumber or a
public officer authorized by the Water Authority to construct,
install, maintain, alter, repair or remove a fire service or inside
service,

shall be guilty of an offence.





16. (1) The Water Authority may, if he is satisfied that a
fire service or inside service-
(a)is in such a condition that waste or pollution of a supply
has occurred or is likely to be caused thereby;
(b) has been altered without his permission; or

(c) does not comply with the provisions of this Ordinance,

by notice require the consumer to carry out the repairs or other
works specified in the notice to the fire service or inside service.

(2) If under subsection (1) repairs or other works are to be
carried out to a communal service, the notice requiring the repairs
or other works shall be served on the agent.

17. (1) Subject to subsection (2), a consumer shall bear the
cost of constructing, installing, maintaining, altering, repairing or
removing a fire service or inside service.

(2) The cost of maintaining, altering, repairing or removing-
(a) a communal service shall be borne by the agent;
(b)any part of a fire service or inside service which is on
land held by the Crown shall be borne by the Water
Authority.

(3) The Water Authority may alter or repair a fire service
or inside service at the request of a consumer, or a communal
service at the request of an agent, and the cost thereof shall, subject
to subsection (2)(b), be payable by the person at whose request
such alteration or repair is carried out.

(4) If a consumer or agent, on receipt of a notice under
section 16, fails to carry out the repairs or other works specified
in the notice, the Water Authority may carry out the repairs or
other works and the cost thereof shall be payable by the consumer
or agent.

18. Except where this Ordinance otherwise provides, a supply
shall be measured by meter or in such other manner as the Water
Authority may determine.

PART IV

DEPOSITS AND CHARGES

19. (1) The Water Authority may fix the amount of, and
require the payment of, a deposit by a consumer to cover any
charge due or which may become due.

(2) If payment of a deposit is required from a consumer of
an existing fire service or inside service, the Water Authority may





disconnect the fire service or inside service if the deposit is not paid
within 14 days after the date of service of the notice requiring: the
payment.

cl

(3) If payment of a deposit is required from a consumer of a new fire
service or inside service, the Water Authority may refuse to connect the
fire service or inside service to the main until the deposit is paid.

(4) A deposit paid under this section-

(a) shall not bear interest;

(b) shall not be transferable; and

(c)may, without prejudice to the exercise of any other power
under this Ordinance, be applied by the Water Authority at
any time to the payment of any charge.

(5) Subject to subsection (4)(c), a deposit shall be refunded to a
consumer if

(a)another consumer is approved by the Water Authority in his
place;

(b)an undertaking given by him under section 7 is cancelled by
the Water Authority; or

(c)the Water Authority is of the opinion that the deposit is no
longer required.

20. (1) Unless otherwise expressly provided in this Ordinance, all
charges arising in connexion with or in consequence of

1

a supply, including the charges for making a connexion to the main and
installing a meter, shall be payable by the consumer.

c

(2) The liability of a consumer and agent tinder an undertaking
given under section 7 shall continue until

(a)another consumer or agent is approved by the Water
Authority in his place; or

(b) the undertaking is cancelled by the Water Authority,

notwithstanding that-

(i) he ceases to occupy the premises;

(ii) he ceases to be responsible for the management of the
premises or any part thereof; or

(iii) the Water Authority exercises any power under sectoin 8, 9, 10
or 19(2).

21. (1) A charge which is not paid shall be a debt due to the Crown.

(2) Where a charge is not paid on or before the date specified in a
notice of demand, a surcharge on the unpaid charge may be levied in
accordance with regulations made under this Ordinance.











22. The Water Authority may in any particular case reduce, waive
or refund, in whole or in part, a charge.

PART V

GATHERING GROUNDS

23. (1) The Water Authority shall prepare maps showing all
gathering grounds existing at the commencement of this Ordinance.

(2) Where a new gathering ground, or an extension of a gathering
ground mapped under this section, is required for the purpose of
extending or augmenting a supply, the Water Authority shall, after
giving consideration to the preservation of traditional rights of any
person to take water for agricultural and domestic purposes

(a)mark the limits or area of the new gathering ground on any map
prepared under this section;

(b) prepare a new map for the new gathering ground; or

(e)alter the limits or area of the gathering ground on any map
prepared under this section.

(3) Where there has been a reduction in the area of any gathering
ground, the Water Authority shall accordingly alter the limits or area of
that gathering ground on any map prepared under this section.

(4) Any map prepared, or any additions or alterations made thereto,
under this section shall be signed and dated by the Water Authority.

(5) A map of a gathering ground prepared under this section shall
be deposited

(a) if the map is in respect of a gathering ground in Hong



Kong (other than the New Territories), in the Land Office
established under the Land Registration Ordinance;

(b)if the map is in respect of a gathering ground in the New
Territories, in the appropriate New Territories Land Office
within the meaning of section 10(2) of the New Territories
Ordinance.

(6) A notice of a map prepared under this section and of any
additions or alterations made thereto shall be published in the Gazette
together with the address of the Land Office in which the map is
deposited under subsection (5).

24. (1) The Governor may by notice in writing require a lessee of
land within a gathering ground to drain, treat, or develop his leased land,
in such manner as the Governor may specify, for





any purpose connected with the waterworks, including the preven-
tion, control or rectification of contamination or damage to the
waterworks.

(2) Where the lessee carries out any work in compliance with
a notice under subsection (1), the reasonable cost of the work shall
be paid by the Water Authority.

(3) No payment under subsection (2) shall be made unless
the work is carried out to the satisfaction of the Water Authority.

25. (1) If a lessee fails to comply with a notice under section
24(1), or requests the Water Authority in writing to carry out the
work specified in the notice, the Governor may require the Water
Authority to comply with the notice.

(2) The Water Authority, and any person authorized by him
in writing, may enter any leased land to comply with a requirement
under subsection (1) on giving the lessee 14 days' notice of the
intention to so enter.

(3) Where the Water Authority carries out any work under
this section, the cost of the work shall be borne by the Water
Authority.

26. (1) A lessee who suffers damage or loss as a result of
compliance with a notice under section 24(1), whether the work is
carried out by the lessee or the Water Authority, and who claims
compensation in respect thereof, shall deliver to the Water Authority
particulars in writing of such damage or loss and of his claim for
compensation, and the Governor may, if he thinks fit, negotiate
with the lessee for the settlement or compromise of the claim.

(2) If the Governor and the lessee do not agree on the settle-
ment or compromise of the claim within 3 months of the delivery
of particulars, the lessee may notify the Water Authority that he
desires a reference to a tribunal; and the Governor shall thereupon
refer the claim with the particulars thereof to a tribunal, consisting
of a District Judge nominated by the Chief Justice for the purpose.

(3) The tribunal shall hear any evidence which the Water
Authority or the lessee may wish to tender and, if so desired, hear
counsel on behalf of the Government and the lessee, and shall
determine the amount of compensation, if any, to be paid to the
lessee.

(4) For the purposes of subsection (3), the tribunal shall have
powers similar to those vested in the Supreme Court for hearing
evidence, determining claims for damages and awarding costs.

(5) The practice and procedure in connexion with any pro-
ceedings before a tribunal under this section shall be such as the
tribunal may determine.





(6) Any award or decision of a tribunal under this section
shall be final:

Provided that any party dissatisfied with the decision as being
erroneous in point of law, may, within 1 month after the deci-
sion, require the tribunal to state and sign a case for the decision
of the Full Court.

27. Compensation awarded under section 26 shall be paid
from such money as may be provided from time to time by the
Legislative Council.

PART VI

MISCELLANEOUS

28. Any person who wastes or misuses, or causes or permits
to be wasted or misused, a supply shall be guilty of an offence.

29. (1) Except with the permission of the Water Authority,
no person shall-
(a)take water from the waterworks other than through a
fire service, inside service or public standpipe;
(b)take water through a fire service for any purpose other
than for fire fighting;

(c)take water through an inside service for any purpose
other than that for which the water is supplied;
(d)subject to section 18, take through a fire service or inside
service water which is not measured by a meter; or
(e) divert water from the waterworks.

(2) Any person who contravenes this section shall be guilty
of an offence.

30. (1) Any person who deposits, or causes or permits to be
deposited, any solid or liquid matter in such a manner or place
that it may fall or be washed or carried into water forming part of
the waterworks shall be guilty of an offence.

(2) Any person who-
(a)enters, or bathes or washes in, water forming part of the
waterworks;

(b)washes or causes or permits any animal to enter therein;
or
(c) throws or places any thing therein,
shall be guilty of an offence.

(3) No act shall be an offence under this section if it is done
with the permission in writing of the Water Authority.





(4) Any person guilty of an offence under this section shall
be liable on summary conviction to a fine of $10,000 and to im-
prisonment for 2 years.

31. Any person who, without the permission in writing of the Water
Authority, alters, interferes with, damages or destroys any part of the
waterworks shall be guilty of an offence.

32. Any person who obstructs the Water Authority, or any person
authorized by him in writing, exercising any power, performing any duty,
or carrying out any function, under this Ordinance shall be guilty of an
offence and shall be liable on conviction to a fine of $5,000 and to
imprisonment for 6 months.

33. (1) The Water Authority may carry out repairs or other works to
any fire service, inside service or any part of the waterworks which is
altered, interfered with, demaged, or destroyed as a result of the
commission of an offence, and the cost of such repairs or other works
may, upon an order of a magistrate, be recovered from the person
convicted of the offence in the same manner as if it were a fine imposed
by a magistrate under the Magistrates Ordinance.

(2) If the Water Authority suffers any damage or loss as a result of
the commission of any offence referred to in subsection (1), such
damage or loss may, upon an order of a magistrate, be recovered from
the person convicted of the offence in the same manner as if it were a
fine imposed by a magistrate under the Magistrates Ordinance.

34. (1) In any civil or criminal proceedings it shall be presumed, until
the contrary is proved, that

(a)in the case of any alteration or repairs to a fire service or inside
service (other than a communal service), the consumer has
caused or permitted the alteration or repairs;

(b)in the case of any alteration or repairs to a communal service,
the agent has caused or permitted the alteration or repairs.

(2) In any civil or criminal proceedings a document, purporting to be
signed by the Water Authority, or other person authorized by him,
stating--

(a)the name of a consumer of a fire service or inside service, or
the name of an agent of a communal service;

(b)the location of the fire service, inside service or communal
service;

(c)in the case of proceedings for the recovery of an unpaid
charge,

(i) the name of the person liable to pay the charge;





(ii) the amount of the charge;

(iii) the nature and other particulars of the charge; and

(iv) that the charge remains unpaid;

(d)in the case of proceedings in respect of alterations or repairs to
a fire service, inside service or communal service, the nature
and other particulars of the alterations or repairs,

shall be admitted in evidence without further proof.

(3) When a document is admitted in evidence under subsection (2)

(a)until the contrary is proved, it shall be presumed that the
document is so signed;

(b)the document shall be prima facie evidence of the facts stated
therein.

35. (1) Any person who is guilty of an offence under this Ordinance
shall, unless a penalty is otherwise expressly provided, be liable on
summary conviction to a fine of $5,000.

(2) Any person convicted of an offence under section 29 or section
30(1) or (2) shall, if the offence is a continuing one, be liable to a further
fine of $200 for every day or part of a day during, which the offence
continues.

36. (1) Any public officer, authorized in writing in that behalf by the
Water Authority, may arrest any person whom he reasonably suspects
of having committed an offence under section 29(1)(e), 30, 31 or 32.

(2) Where a public officer arrests a person under subsection (1) he
shall forthwith take that person to the nearest police station and hand
him over to the custody of a police officer, and thereupon section 52 of
the Police Force Ordinance shall apply.

37. (1) The Governor in Council may make regulations for all or any
of the following matters

(a) the quality and type of a supply;

(b)the construction, installation, maintenance, cleanliness,
alteration, repair or removal of a fire service or inside service;

(c)the connexion or reconnexion of a fire service or inside service
to the main and the conditions subject to which such
connexion or reconnexion may be made;

(d) the method of measuring or assessing consumption;

(e)the provision, number, size, installation, maintenance, repair,
removal and custody of meters in premises;





(f) the use of a supply for any particular purpose;

(g) the prevention of waste or misuse of a supply;

(h) the control of consumption from public standpipes;

(i)the restriction or suspension of a supply or the disconnexion of
a fire service or inside service;

(j) the charges payable under this Ordinance;

(k) the deposits to be paid by consumers;

(1) the surcharge which may be levied on an unpaid charge;

(m)the licensing of plumbers for the purposes of this Ordinance
and control of licensed plumbers;

(n)the taking of fish in waters forming part of the waterworks and
the arrest by an officer empowered under such regulations of
any person who he has reason to believe has contravened any
specified regulation made under this paragraph;

(o) the prohibition and control of access to gathering grounds;

(p) the provision and control of burial grounds, camping sites



and recreational facilities in gathering grounds;

(q) the control over the use of glathering grounds for any
purpose other than those specified in paragraph (p);

(r)the service of any notice, form or other document under this
Ordinance;

(s)the signature on any notice, form or other document under this
Ordinance or the printing of a name in lieu of the signature;

(t)prescribing anything which under this Ordinance is to be or may
be prescribed; and

(u) generally for the better carrying out of this Ordinance.

(2) A regulation made under this section may provide that a
contravention thereof shall be an offence and may prescribe a penalty
for such offence not exceeding a fine of $2,000.

(3) Regulations made under subsection (1)(o), (p) or (q) shall not
apply to leased land within a gathering ground.

38. (1) A notice under this Ordinance shall be in writing and shall be
in such form as may be specified by the Water Authority.

(2) The Water Authority may specify any forms required for the
purposes of this Ordinance.

(3) The Water Authority may publish in the Gazette any forms
specified by him under subsection (2).





39. (1) Any notice served, or map of a gathering ground
prepared, under the repealed Waterworks Ordinance (hereinafter
referred to as the repealed Ordinance), and in force at the com-
mencement of this Ordinance, shall be deemed to have been served
or prepared under this Ordinance.

(2) Any person who is a consumer under the repealed Ordin-
ance shall be deemed to be a consumer under this Ordinance and an
undertaking given or a deposit paid by a consumer under the repealed
Ordinance shall be deemed to be an undertaking given or a deposit
paid under this Ordinance.
Originally 44 of 1974. L.N. 271/74. Short title. Interpretation. (Cap. 28.) Control of waterworks. Duties of the Water Authority. Delegation by the Water Authority. Power of Governor to give directions. Approval of consumer and agent. Refusal of a connexion or reconnexion. Restriction or suspension of a supply. Disconnexion of a fire service or inside service. Notice of restriction, suspension or disconnexion. Power of entry into premises. Public standpipes. Construction, etc., of fire services and inside services. Construction, etc. by licensed plumbers. Water Authority may require repairs to be carried out. Cost of constructing, etc., fire services and inside services. Supply to be metered. Deposits. Liability for charges. Unpaid charges. Reduction etc., of charges. Mapping of gathering grounds. (Cap. 128.) (Cap. 97.) Control of leased land in gathering grounds. Carrying out of work by Water Authority. Compensation. Compensation to be paid from funds provided by the Legislative Council. Waste or misuse of a supply. Unlawful taking of water. Pollution. Damage, etc., to waterworks. Obstruction. Cost of repairing damage and recovery of damages or loss. (Cap. 227.) Presumptions and evidence in writing. Penalties. Power of arrest. (Cap. 232.) Regulations. Water Authority may specify notices and forms. Transitional and saving provisions. (Cap. 102, 1964 Ed. )

Originally 44 of 1974. L.N. 271/74. Short title. Interpretation. (Cap. 28.) Control of waterworks. Duties of the Water Authority. Delegation by the Water Authority. Power of Governor to give directions. Approval of consumer and agent. Refusal of a connexion or reconnexion. Restriction or suspension of a supply. Disconnexion of a fire service or inside service. Notice of restriction, suspension or disconnexion. Power of entry into premises. Public standpipes. Construction, etc., of fire services and inside services. Construction, etc. by licensed plumbers. Water Authority may require repairs to be carried out. Cost of constructing, etc., fire services and inside services. Supply to be metered. Deposits. Liability for charges. Unpaid charges. Reduction etc., of charges. Mapping of gathering grounds. (Cap. 128.) (Cap. 97.) Control of leased land in gathering grounds. Carrying out of work by Water Authority. Compensation. Compensation to be paid from funds provided by the Legislative Council. Waste or misuse of a supply. Unlawful taking of water. Pollution. Damage, etc., to waterworks. Obstruction. Cost of repairing damage and recovery of damages or loss. (Cap. 227.) Presumptions and evidence in writing. Penalties. Power of arrest. (Cap. 232.) Regulations. Water Authority may specify notices and forms. Transitional and saving provisions. (Cap. 102, 1964 Ed. )

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