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[接上页] (b) the contravention was committed without his knowledge or consent; or (c) the person who committed the offence under subsection (1) has not been prosecuted. (L.N. 401 of 1981)(4) If a contravention of subsection (1) is committed by means of a motor vehicle owned by the State, the driver of the motor vehicle at the time of the contravention shall be guilty of an offence. (59 of 2000 s. 3) (78 of 1999 s. 7) Cap 132BK s 9A Littering from specified vehicles Remarks: Adaptation amendments retroactively made - see 59 of 2000 s. 3 (1) No person shall deposit or cause or permit to be deposited from any specified vehicle, whether stationary or not, any litter or waste on or in- (L.N. 100 of 1983) (a) any street or public place; (b) the common parts of any building; (c) any watercourse, stream, channel, ditch or reservoir; (d) any Government property except with the consent of a public officer; or (e) any land except with the consent of the owner of the land.(2) Subject to subsection (4), if any litter or waste is deposited from any specified vehicle in contravention of subsection (1), the registered owner or hirer of the specified vehicle at the time when the contravention was committed shall be guilty of an offence unless he proves that at the time of the contravention the specified vehicle had been taken and driven away without his consent by a person other than a driver employed by him or was stolen. (L.N. 100 of 1983) (3) Save as provided in subsection (2), it shall be no defence for the registered owner or hirer to prove that- (a) at the time of the contravention the specified vehicle was driven by or was in the charge of a person other than the registered owner or hirer; or (L.N. 100 of 1983) (b) the contravention was committed without his knowledge or consent; or (c) the person who committed the offence under subsection (1) has not been prosecuted,but he shall not be convicted if he proves that the commission of the offence was due to an accident or some other cause beyond his control and that he took all reasonable precautions and exercised all due diligence to prevent the commission of the offence. (4) If a contravention of subsection (1) is committed by means of a specified vehicle owned by the State, the driver of the specified vehicle at the time of the contravention shall be guilty of an offence. (L.N. 100 of 1983; 59 of 2000 s.3) (5) No offence under subsection (1)(c) is committed by a person who makes a discharge or deposit under and in accordance with a licence under the Water Pollution Control Ordinance (Cap 358). (67 of 1990 s. 23) (L.N. 401 of 1981; 78 of 1999 s. 7) Cap 132BK s 10 Dumping of corpses or carcasses No person shall, without lawful authority or reasonable excuse, place or cause to be placed, any corpse or carcass, or any part thereof on or in- (a) any street or public place; (b) the common parts of any building; (c) any watercourse, stream, channel, ditch or reservoir or the waters of Hong Kong; (d) any Government property except with the consent of a public officer. Cap 132BK s 11 Raking and picking over waste deposited etc. No person shall, without lawful authority or reasonable excuse, rake, pick over or grub in any waste deposited in any place, or remove or scatter any waste so deposited. (8 of 1980 s. 37) Cap 132BK s 12 Prevention of litter from falling when conveyed through streets Any person conveying any litter in or through any street or public place shall- (L.N. 161 of 1973) (a) convey the same in containers suitably covered so as to prevent- (i) access of flies to the contents thereof; and (ii) the spilling therefrom of any of the contents;(b) take all necessary precautions to prevent the same from falling onto any street or public place; and (c) if any of the same has so fallen, forthwith clean the place on which it falls. Cap 132BK s 13 Prevention of fouling of street by dog faeces or urine (1) No person in charge of a dog shall allow the dog to deposit- (a) any of its faeces in the common parts of a building or in any street or public place; or (b) any urine in the common parts of a building,except in an area set aside as a latrine area for dogs. (L.N. 317 of 1977) (2) For the purposes of subsection (1), the owner of the dog shall be presumed to be the person in charge of it unless he proves that at the time of the contravention the dog was in the charge of a person who was neither a member of his family nor employed by him. (L.N. 161 of 1973) (2A) It shall be no defence to a charge under subsection (1) for the owner of the dog to prove that the contravention was committed without his consent or knowledge. (L.N. 161 of 1973) (3) It shall not be a contravention of this section where a dog deposits- (a) any of its faeces in the common parts of a building or in any street or public place; or (b) any urine in the common parts of a building,if the person in charge of the dog, before leaving the place where such faeces or urine has been deposited, removes the said faeces or urine and cleans the place where it was deposited. (L.N. 317 of 1977) |