BATHING BEACH (URBAN COUNCIL) BY-LAWS

BATHING BEACH (URBAN COUNCIL) BY-LAWS

BATHING BEACH (URBAN COUNCIL) BY-LAWS

ARRANGEMENT OF BY-LAWS
By-law Page
1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... E2
2. Application ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... E2
3. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... E2
4. Temporary closure of beaches ... ... ...... ... ... ... ... ... ... .. E 2
5. Protection of beaches ... ... ... ... ... ... ... .... ... ... ... ... E 2
6. Erection of beach structures ... ... ... ... ... ..... ... ... ... ... E 2
7. Provision of public facilities at beaches ... ... ... ... ... ... ... ...... E 3
8. Bill posting and notices ... ... ... ... ... ... ... ... ....... ...... E 3
9. Animals and vehicles ... ... ... ... ... ... ... ... ... ... ... ...... E 3
10. Reservation of areas for swimmers ... ...... ... ... ... ... ... ... ... E 3
11. Protection of areas set aside for swimmers ... ... ... ... ... ... ..... E 4
12. Music and singing ... ... ... ... ... ... ... ... ... ... ... ..... E 4
13. Public meetings and assemblies ... ... ... ... ... ... ... ... ... .... E 4
14. Begging for alms ... ... ... ... ... ... ... ... ... ... ... ... .... E 4
15. General conduct ... ... ... ... ... ... ... ... ... ... ... ... ... E 4
16. Offences and penalties ... ... ... ... ... ... ... ..... ... ... ... ... E 5
17. Name in which proceedings for offences may be brought ... ... ... ...... E 5





BATHING BEACH (URBAN COUNCIL) BY-LAWS

(Cap. 132, section 109)

[11 November 1960.]

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

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

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

'bathing beach' means any bathing beach which is specified in the
Fourth Schedule to the Ordinance and which is situated in the
Urban Council area;

'Council' means the Urban Council.

4. (1) Subject to any directions of the Council, the Director of
Urban Services may, from time to time, for the purpose of the cleansing
of any bathing beach or in the interests of the health or safety of
persons using any such beach

(a)close, or cause to be closed, to the public any such beach or
any part thereof, or

(b)restrict, or cause to be restricted, the use of any such beach
or any part thereof,

for such period as the Director may consider necessary having regard
to the circumstances.

(2) Any such closure of, or restriction of the use of, a bathing
beach shall be effected by the posting of a notice to that effect in any
conspicuous manner on the beach.

5. No person shall, on any bathing beach-

(a)do any act which is likely to endanger, obstruct,
inconvenience or annoy any other person using the beach; or

(b)do any act which is likely to damage, foul, litter, deface or
disorder the beach or anything situated thereon, or to pollute
the water adjacent to the beach; or

(c)light a fire other than in an area set aside by the Council or the
Director of Urban Services for use by the public for cooking
food.

6. Save with the consent in writing of the Council (which may be
granted on payment of such fee as the Council thinks fit) or by virtue of
a Crown lease or an agreement for a Crown lease and subject to such
conditions as may be specified on the granting of such consent or in
such lease or agreement for a lease, no person shall erect or maintain
any building, shed, matshed, tent, booth, stand or other structure on
any bathing beach:





Provided that the Council may, by notice posted at any bathing
beach, permit the temporary erection of tents, shades and awnings
for the personal use of 'the respective owners thereof during such
times and on such parts of the beach as are specified in the notice.

7. (1) Save in pursuance of a contract entered into with
the Council or the Government, no person shall, at any bathing
beach, sell, offer or expose for sale, or let to hire or offer or expose
for letting to hire, or otherwise trade or deal in-

(a)any sunshade, deck-chair or inflatable or other beach
equipment of any kind whatever;

(b)any vessel, boat or other craft, or any appliance or equip-
ment used by bathers or swimmers;

(c)any rod, line, fishspear, net, bait or other fishing equip-
ment; or

(d)any food, drink, clothing, towels, bathing costumes, toys
or other articles whatsoever.

(2) Any person who hires to bathers any bathing costumes or
towels shall cause each such costume or towel to be sterilized by
immersion in boiling water for not less than 30 seconds after each
occasion upon which the same is hired.

8. Save with the permission in writing of the Council or the
Director of Urban Services and subject to such conditions as may be
specified, no person shall affix, erect, exhibit or distribute any bill,
placard or notice at any bathing beach.

9. (1) Save with the permission in writing of the Council or
the Director of Urban Services, no person shall bring, or cause or
suffer to be brought, onto any bathing beach-

(a) any vehicle, except a perambulator; or

(b) any animal.

(2) Where any bathing beach includes any road, or part of
a road, which is provided for use by vehicles, the provisions of
paragraph (1) shall not apply to any vehicle which is brought, or
caused or suffered to be brought, on any such road.

10. (1) The Council may set aside for the sole use of swim-
mers the whole or any part of the waters adjacent to any bathing
beach.

(2) Where any waters are set aside under paragraph (1), the
Council shall cause the area so set aside to be demarcated in such
suitable manner as, in the opinion of the Council, will best draw
thereto the attention of persons using the beach:

Provided that, where the whole of the waters adjacent to any
beach are so set aside, it shall be sufficient to post a notice to that
effect in any conspicuous place upon the beach.





11. (1) Save with the permission in writing of the Council or
the Director of Urban Services, no person shall, without reason-
able cause or excuse, bring into or use in, or cause or suffer to be
brought into or used in, any part of the waters adjacent to any
bathing beach set aside for the use of swimmers under by-law 10(1),
any vessel, boat, canoe or similar craft or any surf-board or water-
skis or any board designed or adapted for use in water by being
propelled by wind.
(2) Nothing in paragraph (1) shall be construed to include
inflatable rubber dinghies or other inflatable articles unless the same
are propelled by motors, sails, oars, paddles or poles.
(3) Save with permission in writing of the Council or the
Director of Urban Services, no person shall, without reasonable
cause or excuse, engage in any of the activities commonly known as
parachute jumping or parasailing on or from or over any bathing
beach or into or from or over any part of the waters adjacent to any
bathing beach set aside for the use of swimmers under by-law 10(1).

12. Save where the Council has, in writing, permitted the
operation or playing of, or the making of any sounds by means of,
any such instrument or the singing of any song, no person shall, on
any bathing beach, to the annoyance of any person using the beach,
operate, play, or make any sounds by means of, any musical or other
instrument, including any gramophone or radio apparatus, or sing
any song.

13. Save with the permission in writing of the Council, no
person shall, on any bathing beach, deliver, utter or read to the
public any speech, lecture, prayer, scripture or sermon, or enter into
any public discussion, or hold or cause to be held, or take part in,
any public meeting or procession.

14. No person shall beg for or gather alms, or, for the pur-
pose of gathering alms, expose or exhibit any sores, wounds or
bodily ailment or deformity, at any bathing beach.

15. No person shall, on any bathing beach-

(a) spit;
(b) use obscene language;
(c) indecently expose his person;
(d) conduct himself otherwise than in a peaceful, decent and
orderly manner;
(e) leave any litter, paper or rubbish (save in containers
provided for such purpose by the Council);

(f) wilfully throw or deposit any glass, china or tin, or any
oyster or other shell, or any sharp or injurious article or
substance likely to cause injury to persons using the beach;
or

(g) sort rags, bones, refuse or any like matter.





16. Any person who-

(a) contravenes any of the provisions of by-law 5, 6, 7, 8, 9(1),
11 (1) or (3), 12, 13, 14, or 15; or

(b) without reasonable excuse, fails to comply with any of the
requirements of a notice posted under by-law 4(2),

shall be guilty of an offence and shall be liable on summary
conviction to a fine of $500 and to imprisonment for 14 days, and,
where the offence is a continuing offence, shall be liable in addition
to a fine of $10 for each day during which it is proved to the
satisfaction of the court that the offence has continued.

17. Without prejudice to the provisions of any other enact-
ment relating to the prosecution of criminal offences and without
prejudice to the powers of the Attorney General in relation to the
prosecution of such offence, prosecutions for an offence under any
of the provisions of these by-laws may be brought in the name of
the Council.
G.N.A. 101/60. L.N. 288/82. 10 of 1986. G.N.A. 132/60. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. 10 of 1986, s. 32(2). Temporary closure of beaches. Protection of beaches. L.N. 288/82. Erection of beach structures. Provision of public facilities at beaches. Bill posting and notices. Animals and vehicles. Reservation of areas for swimmers. Protection of areas set aside for swimmers. L.N. 288/82. L.N. 288/82. Music and singing. Public meetings and assemblies. Begging for alms. General conduct. Offences and penalties. Name in which proceedings for offences may be brought.

G.N.A. 101/60. L.N. 288/82. 10 of 1986. G.N.A. 132/60. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. 10 of 1986, s. 32(2). Temporary closure of beaches. Protection of beaches. L.N. 288/82. Erection of beach structures. Provision of public facilities at beaches. Bill posting and notices. Animals and vehicles. Reservation of areas for swimmers. Protection of areas set aside for swimmers. L.N. 288/82. L.N. 288/82. Music and singing. Public meetings and assemblies. Begging for alms. General conduct. Offences and penalties. Name in which proceedings for offences may be brought.

https://oelawhk.lib.hku.hk/items/show/2566

1964

v10

132

5