OFFENSIVE TRADES (REGIONAL COUNCIL) BY-LAWS

OFFENSIVE TRADES (REGIONAL COUNCIL) BY-LAWS

OFFENSIVE TRADES (REGIONAL COUNCIL) BY-LAWS

ARRANGEMENT OF BY-LAWS

By-law Page

1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... AZ 2
2. Application ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... AZ 2
3. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... AZ 2
4. Licence necessary to carry on offensive trade ... ... ... ... ... ... ... ... AZ 2
5. Term of licence ... ... ... ... ... ...... ... ... ... ... ... ... ... AZ 2
6-8. [Revoked] ... ... ... ... ... ... ... ... ... ... ... ... .... ... ... AZ 2
9. Application for licence ... ... ... ... ...... ... ... ... ... ... ... ... AZ 2
10. Conditions for the issue of licence ... ...... ... ... ... ... ... ... ... AZ 3
11. Restriction on alteration of premises ... ... ... ... ... ... ... ... ... ... AZ 5
12. Storage of materials ... ... ... ... ...... ... ... ... ... ... ... ... AZ 5
13. [Revoked] ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... AZ 5
14. Limewashing ... ... ... ... ... ... ...... ... ... ... ... ... ... ... AZ 5
15. Daily cleaning ... ... ... ... .. . ... ... .. 1 ... ... ... ... ... ... AZ 5
16. Repair of walls ... ... ... ... ... ...... ... ... ... ... ... ... ... AZ 5
17. Use for sleeping purposes ... ... ... ...... ... ... ... ... ... ... ... AZ 5
is. Director may prohibit domestic occupation of offensive trade building ... ... AZ 6
19. Power to grant exemption ... ... ... ...... ... ... ... ... ... ... ... AZ 6
20. Free access by Director and health officers... ... ... ... ... ... ... ... AZ 6
21. Restrictions as to certain persons ... ...... ... ... ... ... ... ... ... AZ 6
22. Posting of regulations ... ... ... ... ...... ... ... ... ... ... ... ... AZ 6
23. Offences and penalties ... ... ... ... ...... ... ... ... ... ... ... ... AZ 6





OFFENSIVE TRADES (REGIONAL COUNCIL) BY-LAWS

(Cap. 132, sections 49 and 149)

[10 September 1948.]

1. These by-laws may be cited as the Offensive Trades
(Regional Council) By-laws.

2. These by-laws apply to and shall take effect within the
Regional Council area.

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

'Council' means the Regional Council;

'licensee' means a person to whom a licence has been granted under
these by-laws.

4. No person shall establish or continue in any part of the
Regional Council area any offensive trade except under and in
accordance with a licence granted to him by the Council.

5. Every such licence shall expire on 31 December and shall
be for a period not exceeding 1 year. The fee for such licence shall be
$1,575 per annum:

Provided that in the case of any licence issued after 30 June in
any year, only half fee shall be payable.

6-8. [Revoked, L.N. 214180]

9. (1) A person who wishes to establish or continue an
offensive trade shall apply to the Council for a licence in accordance
with paragraph (2).

(2) An application for a licence to establish or continue an
offensive trade shall be made in writing and shall-

(a) contain the following particulars-
(i) the full name and address of the applicant;
(ii) a description of the premises where the offensive
trade is, or is to be, carried on;
(iii) details of the offensive trade in relation to which
the application is made; and
(iv) such other particulars as the Council may think fit;
and

Health and Municipal Services Ordinance, Chapter 132-see section 149(1)
of that Ordinance.





(b)where the application relates to the establishment of an
offensive trade, be accompanied by 3 copies of a plan, as
nearly as may be to scale, of the whole of the premises in
which the offensive trade is to be carried on, which plan
shall so far as the same may be applicable, contain partic-
ulars of-
(i) the space allocated to the preparation, processing
and storage of materials;
(ii) the space allocated to the storage of finished
articles;
(iii) all sanitary fitments and drainage works;
(iv) all cloakrooms, passageways and open spaces;
(v) all means of entry, exit and internal communication;
(vi) the means of ventilation;
(vii) the siting of substantial fittings, equipment and
machinery;
(viii) the means of storage and disposal of refuse;
(ix) the type of finish to each wall and floor;
(x) the means of control or disposal of any noxious or
injurious vapours, dust or effluents which may be dis-
charged in the carrying on of the offensive trade or of any
waste or refuse arising therefrom; and
(xi) the water supply.

(3) Every plan submitted for approval pursuant to paragraph
(2) shall be accompanied by a statement in writing declaring-

(a)the means whereby it is intended to control or disposed of
any noxious or injurious vapours, dust or effluents which
may be discharged in the carrying on of the offensive trade
or of any waste or refuse arising therefrom; and

(b)where the premises at which the offensive trade is to be
carried on comprise part of a building which has more than
one storey, which storey or storeys will be used.

(4) Every such plan, and any modification thereof, which is
approved by the Council shall be endorsed to that effect by the
Council, and one copy shall be returned to the applicant and the
remaining 2 copies shall be retained by the Council.

10. (1) The Council shall not grant or renew a licence in
respect of any premises used or intended to be used in carrying on an
offensive trade unless the Council is satisfied in relation to such
premises that-

(a)the premises conform to the plan approved by the Council
under by-law 9;

(b)the methods to be used for the control or disposal of any
noxious or injurious vapours, dust or effluents which may
be discharged in the carrying on of the offensive trade or of
any waste or refuse arising therefrom are adequate;





(c)the means of ventilation provided, whether natural or
mechanical or partly natural and partly mechanical, are
sufficient in every part of the premises, other than any part
used exclusively for storage purposes, to safeguard in that
respect the maximum number of persons likely to be in
such part of the premises at any one time;

(d)sanitary fitments are provided to a standard not less than
that required by the Building (Standards of Sanitary
Fitments, Plumbing, Drainage Works and Latrines)
Regulations:

Provided that, in the case of any premises to which
such regulations do not apply, the Council may approve
such lesser standard as, having regard to considerations of
public health and the circumstances of the case, it may
consider adequate;

(e) public mains water is laid on to the premises:

Provided that, where the Council is satisfied that public
mains water cannot reasonably be laid on for all or any
purposes, the Council may in its discretion approve such
other water supply as, having regard to considerations of
public health, it may consider adequate;

(f)subject to paragraph (2), all floors in every part of the
premises in which materials are prepared, processed or
stored are rendered smooth and impervious on the surface
and slope evenly towards drainage outlets;

(g)all such floors are drained, by means of removable
galvanized gratings, into glazed or smooth cement
channels which discharge into trapped drainage openings;

(h)subject to paragraph (2), all walls in every part of the
premises in which materials are prepared, processed or
stored are rendered smooth and impervious to a height of
not less than 2 m and the junctions between the walls and
floors are coved;

(i)in the case of any premises used or intended to be used
for the carrying on of an offensive trade involving the
processing or treatment of materials containing fat, all
drainage outlets are fitted with a grease trap;

(j)the storage space provided is sufficient to contain all
materials required for use in the business which are likely
to be in stock at any one time;

(k)where the premises comprise part of a building which has
more than one storey, the other storeys of such building
are adequately protected against nuisances arising from
the carrying on of the offensive trade; and

(1)the carrying on of the offensive trade is not, or is not likely
to be, a nuisance or danger to members of the public.





(2) . If the Council is satisfied that compliance with paragraph
(1)(f) or (h) is not necessary in any particular case having regard
to the nature of the materials prepared, processed or stored, the
Council may in writing exempt any person from the application of
that sub-paragraph.

11. No licensee shall, save with the permission in writing of the
Council, cause or permit to be made in respect of any premises to
which a licence relates-

(a)any alteration or addition which would result in a material
deviation from the plan thereof approved under by-law 9;

(b)any material alteration in respect of any matter specified in
by-law 10.

12. Every licensee shall cause all materials which have been
received upon the premises where his trade is carried on, and which
are not immediately required for use, to be stored in such manner
and in such a situation as to prevent the emission of noxious or
injurious effluvia or the spread of vermin therefrom.

13. [Revoked, L.N. 214180]

14. Every licensee shall cause the internal surface of every wall
upon the premises where his trade is carried on to be thoroughly
cleansed and limewashed with hot limewash during the months of
January and July each year.

15. Every licensee shall, at the close of every day, cause all fat,
tallow, grease, refuse or filth which has been spilled or splashed or
has fallen or been deposited upon any floor, pavement or wall of the
premises where his trade is carried on to be collected therefrom
by scraping or some other effectual method of cleansing and, unless
it is intended to be subjected to further trade processes on the
premises, to be removed forthwith from the premises. All apparatus
must be kept in a cleanly condition at all times.

16. Every licensee shall cause every part of the internal surface
of the walls, pavements, and floor of the premises to be kept at all
times in good order and repair so as to prevent the absorption
therein of any filth, refuse or noxious or injurious matter which may
fall or be splashed thereon.

17. No persons other than 2 caretakers in respect of each block
of buildings shall pass the night in any part of the premises used in
connexion with the trade. Where any part of the premises is used
for sleeping purposes such part shall be partitioned off from the
remainder of the premises to the satisfaction of the Council, and no
part of the trade shall be carried on and no storage of raw materials
or finished products shall be permitted therein.





18. The Council may by an order in writing prohibit the
occupation for domestic purposes of any building in which any
offensive trade is carried on.

19. The Council may in its absolute discretion exempt a
licensee by endorsement on his licence from the provisions of all or
any of by-laws 12, 14, 15, 16, 17 and 18.

20. Every licensee shall at all times afford free access to the
Council and its officers, and any health officer or health inspector.

21. No person under the age of 14 years shall be permitted
upon any premises licensed for the carrying on of any offensive
trade.

22. The licensee shall cause a duly authenticated copy of these
by-laws in English and Chinese to be posted up in a prominent
position in his premises.

23. (1) Any person who contravenes by-law 4 commits an
offence and is liable to a fine of $10,000 and to imprisonment for
6 months, and in the case of a continuing offence to a further daily
penalty of $250.

(2) Any person who contravenes by-law 11, 12, 14, 15, 16, 17,
20, 21 or 22 commits an offence and is liable to a fine of $2,000 and'
to imprisonment for 3 months, and in the case of a continuing
offence to a further daily penalty of $50.
G.N.A. 223/48. G.N.A. 75/51. 30 of 1960. L.N. 79/72. L.N. 81/73. L.N. 156/76. L.N. 89/79. L.N. 214/80. L.N. 133/82. L.N. 217/83. L.N. 67/85. 10 of 1986. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. L.N. 81/73. L.N. 214/80. 10 of 1986, s. 32(2). Licence necessary to carry on offensive trade. L.N. 81/73. 10 of 1986, s. 32(2). Term of licence. L.N. 156/75. L.N. 133/82. L.N. 217/83. Application for licence. L.N. 81/73. L.N. 214/80. 10 of 1986, s. 32(2). Conditions for the issue of licence. L.N.81/73. L.N. 214/80. 10 of 1986, s. 32(2) (Cap. 123, sub. Leg.) L.N. 89/79. L.N. 214/80. Restriction on alteration of premises. L.N. 81/73. L.N. 214/80. 10 of 1986, s. 32(2). Storage of materials. Limewashing. Daily cleaning. Repair of walls. Use of sleeping purposes. L.N. 81/73. 10 of 1986, s. 32(2). Director may prohibit domestic occupation of offensive trade building. L.N. 81/73. 10 of 1986, s. 32(2) Power to grant exemption. L.N. 81/73. L.N. 214/80. 10 of 1986, s. 32(2). Free access by director and health officers. L.N. 81/73. 10 of 1986, s. 32(2). Restrictions as to certain persons. Posting of regulations. 10 of 1986, s. 32(2) Offences and penalties. L.N. 214/80. 10 of 1986, s. 32(2).

G.N.A. 223/48. G.N.A. 75/51. 30 of 1960. L.N. 79/72. L.N. 81/73. L.N. 156/76. L.N. 89/79. L.N. 214/80. L.N. 133/82. L.N. 217/83. L.N. 67/85. 10 of 1986. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. L.N. 81/73. L.N. 214/80. 10 of 1986, s. 32(2). Licence necessary to carry on offensive trade. L.N. 81/73. 10 of 1986, s. 32(2). Term of licence. L.N. 156/75. L.N. 133/82. L.N. 217/83. Application for licence. L.N. 81/73. L.N. 214/80. 10 of 1986, s. 32(2). Conditions for the issue of licence. L.N.81/73. L.N. 214/80. 10 of 1986, s. 32(2) (Cap. 123, sub. Leg.) L.N. 89/79. L.N. 214/80. Restriction on alteration of premises. L.N. 81/73. L.N. 214/80. 10 of 1986, s. 32(2). Storage of materials. Limewashing. Daily cleaning. Repair of walls. Use of sleeping purposes. L.N. 81/73. 10 of 1986, s. 32(2). Director may prohibit domestic occupation of offensive trade building. L.N. 81/73. 10 of 1986, s. 32(2) Power to grant exemption. L.N. 81/73. L.N. 214/80. 10 of 1986, s. 32(2). Free access by director and health officers. L.N. 81/73. 10 of 1986, s. 32(2). Restrictions as to certain persons. Posting of regulations. 10 of 1986, s. 32(2) Offences and penalties. L.N. 214/80. 10 of 1986, s. 32(2).

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