CONSERVANCY (URBAN COUNCIL) BY-LAWS

CONSERVANCY (URBAN COUNCIL) BY-LAWS

CONSERVANCY (URBAN COUNCIL) BY-LAWS

ARRANGEMENT OF BY-LAWS

By-law Page

PART 1

PRELIMINARY

1.......Citation ............................. ... ... ... ... ... ---. ... ... K 2

2..........Application ................. ... ... ... ... ... ... ... ... ... K 2

3............Interpretation ..... ... ... ... ... ... ... ... ... K 2

PART II

WATERCLOSETS AND URINALS

4.......................................Floors of compartments to be constructed of impervious material or paved ... K 2

5. Duties of occupiers and owners of premises, etc. with respect to water-borne

sanitation ............................... ... ... ... ... ... ... K 2

6...........................Prevention of obstruction to waterclosets or urinals ... ... ... ... ... K 3

PART III

DRY LATRINES

7..................................Duty of occupier of premises not having water-borne sanitation ... ... ... K 3

PART IV

CONSERVANCY

8.........................Disposal of contents of sanitary pails, etc. ... ... ... ... K 3

9.....................Application for conservancy service ... ... ... ... ... ... ... ... ... K 4

PART V

OFFENCES AND MISCELLANEOUS

10................Offences and penalties ..... ... ... ... ... ... ... ... ... ... ... K 5

11. Name in which proceedings for offences may be brought


K 5





CONSERVANCY (URBAN COUNCIL) BY-LAWS

(Cap. 132, sections 15 and 29)

[ 11 November 1960.1

PART 1

PRELIMINARY

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

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

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

'Council' means the Urban Council;

'conservancy service' means a service provided under section 16 of the
Ordinance for the removal and disposal of excretal matter;

'excretal matter' means excretal matter of any person, but does not include
such matter after maturation;

'premises' means buildings and structures appurtenant thereto, but does not
include any temporary structure used solely for dwelling purposes unless
such temporary structure is used in connexion with any industrial
undertaking within the meaning of the Factories and Industrial
Undertakings Ordinance;

'temporary conservancy service' means a conservancy service provided for a
period not exceeding 30 days;

'water-borne sanitation' includes waterclosets and urinals.

PART 11

WATERCLOSETS AND URINALS

4. The owner, or, if the owner is absent from Hong Kong or cannot readily
be found, the occupier, of any premises or part of any premises in which a
watercloset or urinal is installed shall cause the floor of any compartment in
which such watercloset or urinal is installed to be constructed of or paved with
smooth, hard, impervious material and shall at all times keep the same in good
condition and repair.

5. (1) The occupier of any premises or part of any premises in which a
watercloset or urinal is installed shall, at all times, keep such watercloset or
urinal in a clean and wholesome condition.

(2) The owner, or, if the owner is absent from Hong Kong or cannot
readily be found, the occupier, of any premises or part of any premises in
which a watercloset or urinal is installed, shall provide at all times an adequate
supply of water piped directly to such watercloset or urinal for flushing
purposes.





(3) Where a compartment in any premises or part of any
premises in which a watercloset or urinal is installed is ventilated by
a mechanical ventilating system, the owner, or if the owner is absent
from Hong Kong or cannot readily be found, the occupier of the
premises shall keep the ventilating system maintained at all times in
good working order.

6. No person shall insert or permit to be inserted into any
watercloset or urinal any matter which is not easily soluble in water
or which is likely to prevent or obstruct the proper operation
thereof.

PART 111

DRY LATRINES

7. (1) In any premises or part of any premises in which
water-borne sanitation is not provided, the occupier of such
premises or such part thereof shall provide not less than one sanitary
pail or container for every 25 inmates of such premises or such part
thereof.

(2) Save where the same is supplied by the Council, every such
sanitary pail or container shall-

(a) be of a size suitable to its purpose.

(b) be constructed of smooth impervious material; and

(c)have either a close fitting lid or cover, or be enclosed in
a box or structure, so made as to prevent the emission
of smell therefrom or the access of flies thereto and con-
structed to the satisfaction of the Council.

(3) Every such sanitary pail or container and all fittings or
appliances appurtenant thereto shall, at all times, be maintained in
good repair and in a clean and wholesome condition to the satisfac-
tion of the Council by the occupier of the premises, or the part of the
premises, in which it is installed.

PART IV

CONSERVANCY

8. (1) Subject to the provisions of this by-law, no person
shall dispose of any of the contents of any sanitary pail or container
from any premises or any part of any premises except through the
agency of a conservancy service.

(2) In the case of any premises or part of any premises for
which no conservancy service is for the time being provided, the
occupier of such premises or such part thereof shall, if he has made
an application to the Council in the manner prescribed in by-law 9





for the provision of a conservancy service and the Council has,
within 48 hours after the receipt of such application, either refused
or failed to provide or to cause such a service to be provided, dispose
of the contents of every sanitary pail or container once in every 24
hours, until such time as a conservancy service is provided, in such
decent manner as to prevent the causing of any nuisance or smell or
the propagation of flies:

Provided that in no case shall such contents be thrown into the
sea or into any stream, watercourse or open drain or ditch.

(3) In the case of any premises or part of any premises for
which a conservancy service is provided, the occupier of such
premises or such part thereof shall, unless the Council or other
person providing the service expressly notifies him to the contrary,
place or cause to be placed each sanitary pail or container in such a
position as-

(a) will be conveniently accessible from the nearest street used
by such conservancy service for collection purposes;

(b)will not necessitate the removal of such sanitary pail or
container through obstructed passageways; and

(c)will not, wherever possible, necessitate the removal of such
pail or container through any bedroom or sleeping quarter:

Provided that in no case shall any sanitary pail or container be
placed in a street.

9. (1) Every application for the provision of a conservancy
service shall be made in writing addressed to the Secretary of the
Council and shall state-

(a) the date upon which the service is required to commence;

(b) the full name and address of the applicant;

(c)the full name and address of the owner of the premises in
question, unless such owner is the applicant; and

(d)the address in detail of the premises, or the part thereof, for
which the service is required.

(2) Where the applicant for a conservancy service does not
expect that the service will be required by him for more than 30 days,
he may state in the application that a temporary service is required
and shall state, as near as may be, the date upon which he expects the
requirement to cease.

(3) Where any person is about to cease to require at any
premises, or any part of any premises, the provision of a conser-
vancy service, he shall give to the Council, by notice in writing
addressed to the Secretary thereof, not less than 3 days' notice of the
date upon which he will cease to require the service and shall, in such
notice, specify the circumstances by reason of which the service will
no longer be required.





(4) Where application is made by the occupier of any premises or
any part of any premises for the provision of a conservancy service and
where notice is given to the Council that the provision of a conservancy
service for any premises or part of any premises will no longer he
required, the Council shall, save where the applicant or the person
giving such notice is the owner, or the agent in Hong Kong of the
owner, of such premises or such parts thereof, cause notice in writing of
the receipt of such application or notice and of its determination thereon
to be sent to such owner or his agent in Hong Kong addressed to the
last address in Hong Kong of either of them which is known to the
Council,

PART V

OFFENCES AND MISCELLANEOUS



10. (1) Any person who contravenes any of the provisions of by-
law 4 or 5 shall be guilty of a offence and shall be liable on summary
conviction to a fine of $500, and where the offence is a continuing offence,
shall be liable in addition to a fine of $10 for each day during which it is
proved to the satisfaction of the court that the

offence has continued.

(2) In any prosecution for the contravention of by-law 5(2) it shall
be a defence if the owner or occupier of the premises satisfies the court
that he had a reasonable excuse for failing to provide an adequate
supply of water for flushing purposes.

(3) Any person who contravenes any of the provisions of
by-law 6, 7 or 8 shall be guilty of an offence and shall be liable on
summary conviction to a fine of $250 and to imprisonmenr for 7 days and,
where the offence is a continuing offence, shall be liable in
addition to a fine of $5 for each day during which it is proved to the
satisfaction of the court that the offence has continued.

11. Without prejudice to the provisions of any other enactment
relating to the prosecution of criminal offences and without prejudice to
the powers of the Attorney General in relation to the prosecution of
such offences, prosecutions for an offence under any of the provisions
of these by-laws may be brought in the name of the Council.
G.N.A. 103/60. G.N.A. 130/60. 5 of 1961. G.N.A. 46/62. L.N. 37/69. L.N. 35/78. 10 of 1986. G.N.A. 132/60. Citation. 10 of 1986, s. 32(2). Interpretation. 10 of 1986, s. 32(2). (Cap. 59.) Floors of compartments to be constructed of impervious material or paved. 10 of 1986, s. 32(2). Duties of occupiers and owners of premises, etc. with respect to water-borne sanitation. G.N.A. 130/60. L.N. 37/69. L.N. 35/78. Prevention of obstruction to waterclosets or urinals. Duty of occupier of premises not having water-borne sanitation. Disposal of contents of sanitary pails, etc. Application for conservancy service. 10 of 1986, s. 32(2). Offences and penalties. L.N. 37/69. Name in which proceedings for offences may be brought.

G.N.A. 103/60. G.N.A. 130/60. 5 of 1961. G.N.A. 46/62. L.N. 37/69. L.N. 35/78. 10 of 1986. G.N.A. 132/60. Citation. 10 of 1986, s. 32(2). Interpretation. 10 of 1986, s. 32(2). (Cap. 59.) Floors of compartments to be constructed of impervious material or paved. 10 of 1986, s. 32(2). Duties of occupiers and owners of premises, etc. with respect to water-borne sanitation. G.N.A. 130/60. L.N. 37/69. L.N. 35/78. Prevention of obstruction to waterclosets or urinals. Duty of occupier of premises not having water-borne sanitation. Disposal of contents of sanitary pails, etc. Application for conservancy service. 10 of 1986, s. 32(2). Offences and penalties. L.N. 37/69. Name in which proceedings for offences may be brought.

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