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【法规名称】 
【法规编号】 44392  什么是编号?
【正  文】

CAP 132AX OFFENSIVE TRADES REGULATION


  (78 of 1999 s. 7)
  
  (Cap 132, sections 49 and 149)
  
  [10 September 1948]
  
  (G.N.A. 223 of 1948)
  
  ________________________________________________________________________________
  
  Note:
  
  This Regulation is deemed to have been made under section 49 of the Public Health and Municipal Services Ordinance, Chapter 132-see section 149(1) of that Ordinance.
  
  Cap 132AX s 1 (Repealed 78 of 1999 s. 7)
  
  Cap 132AX s 2 (Repealed 78 of 1999 s. 7)
  
  Cap 132AX s 3 Interpretation
  
  In this Regulation, unless the context otherwise requires-
  
  "Director" (署长) means the Director of Food and Environmental Hygiene; (78 of 1999 s. 7)
  
  "licensee" (持牌人) means a person to whom a licence has been granted under this Regulation. (78 of 1999 s. 7)
  
  (L.N. 81 of 1973; L.N. 214 of 1980; 78 of 1999 s. 7)
  
  Cap 132AX s 4 Licence necessary to carry on offensive trade
  
  No person shall establish or continue any offensive trade except under and in accordance with a licence granted to him by the Director.
  
  (L.N. 81 of 1973; 10 of 1986 s. 32(2); 78 of 1999 s. 7)
  
  Cap 132AX s 5 Term of licence, etc.
  
  (1) A licence shall be valid for a period of 12 months from and including the date of its issue.
  
  (2) Where the Director is satisfied that any such licence has been lost, defaced or destroyed, the Director may issue to the licensee a duplicate licence in like terms.
  
  (3) No licence, or duplicate licence, shall be issued except upon payment of the prescribed fee. (L.N. 89 of 1995)
  
  (L.N. 200 of 1991; 78 of 1999 s. 7)
  
  Cap 132AX s 6 (Repealed L.N. 214 of 1980)
  
  Cap 132AX s 7 (Repealed L.N. 214 of 1980)
  
  Cap 132AX s 8 (Repealed L.N. 214 of 1980)
  
  Cap 132AX s 9 Application for licence
  
  (1) A person who wishes to establish or continue an offensive trade shall apply to the Director for a licence in accordance with subsection (2). (10 of 1986 s. 32(2))
  
  (2) An application for a licence to establish or continue an offensive trade shall be made in writing and shall- (L.N. 214 of 1980)
  
  (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 Director may think fit; and (10 of 1986 s. 32(2))(b) where the application relates to the establishment of an offensive trade, be accompanied by 9 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 particulars of- (L.N. 200 of 1991)
  
  (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 discharged 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 subsection (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;
  
  (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; and
  
  (c) the type of any heating equipment and fuel intended to be used. (L.N. 200 of 1991)(4) Every such plan, and any modification thereof, which is approved by the Director shall be endorsed to that effect by the Director, and one copy shall be returned to the applicant and the remaining 2 copies shall be retained by the Director. (10 of 1986 s. 32(2))
  
  (L.N. 81 of 1973; 78 of 1999 s. 7)
  
  Cap 132AX s 10 Conditions for the issue of licence
  
  (1) The Director 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 Director is satisfied in relation to such premises that- (L.N. 214 of 1980; 10 of 1986 s. 32(2))
  
  (a) the premises conform to the plan approved by the Director under section 9; (10 of 1986 s. 32(2))
  
  (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;
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