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[接上页] Cap 132 s 31 Prevention of nuisances from latrines and sanitary conveniences Any person who causes, or suffers or permits any person to cause, any septic tank, cesspool, trap, siphon or any sanitary convenience to be a nuisance or injurious or dangerous to health by wilfully destroying or damaging, or by otherwise interfering with, or by improperly using, the same or any water supply, apparatus, pipe or work connected therewith, shall be guilty of an offence. Cap 132 s 32 Removal or alteration of sanitary conveniences (1) If any septic tank, cesspool, trap, siphon or any sanitary convenience is, or has been, so constructed, or is so situated, as to be, or to be likely to be, a nuisance or offensive to public decency, the Authority may, whether the same was constructed before or after the commencement of the Buildings Ordinance (Cap 123), or of this Ordinance, cause a notice to be served upon the owner of the premises in question, or where the owner is absent from Hong Kong or cannot be readily found or ascertained by the Authority or is under disability, upon the occupier of the premises in question, requiring him, within such time as may be specified in the notice, to remove, reconstruct, screen or otherwise alter such septic tank, cesspool, trap, siphon or sanitary convenience, as the case may be, in such manner as to abate the nuisance or to remove the offence against public decency or the likelihood thereof. (Amended 61 of 1974 s. 4; 10 of 1986 s. 24) (2) If the person upon whom a notice is served under the provisions of subsection (1) fails to comply with any of the requirements thereof- (a) such person shall be guilty of an offence; and (b) the Authority may execute, or cause to be executed, such work as may be necessary to satisfy the requirements of such notice, and may recover any expenses thereby incurred from such person. (3) If any person considers himself aggrieved by any notice served upon him under the provisions of subsection (1) or by any act done by or on behalf of the Authority under this section, he may, within 30 days after the service upon him of the notice or the doing of the act, as the case may be, appeal to the court, and the court may make such order as may appear to it to be just having regard to all the circumstances. Cap 132 s 33 Examination of sanitary conveniences by Authority (1) The Authority may examine any of the following works, that is to say, any septic tank, cesspool, trap, siphon or sanitary convenience, or any water supply, apparatus, pipe or work connected therewith, upon any premises, and for that purpose may cause the ground to be opened in any place which may appear to the Authority necessary, doing as little damage as may be. (2) If any work referred to in subsection (1) is found on examination to be in proper order, the Authority shall cause the work to be reinstated and made good as soon as may be and shall defray the expenses of the examination and the reinstating and making good of the work, but, if on examination any such work is found not to be in proper order, the Authority may- (a) recover from the owner of the premises, or where the owner is absent from Hong Kong or cannot be readily found or ascertained by the Authority or is under disability from the occupier thereof, the expenses of such examination; and (Amended 10 of 1986 s. 24) (b) cause a notice to be served upon the owner of such premises or, in the circumstances specified in paragraph (a), the occupier thereof requiring him to repair or otherwise put in good order such work or to comply, as nearly as may be, with the provisions of the Buildings Ordinance (Cap 123), within such time as may be specified in the notice: Provided that no such notice shall be issued by the Authority requiring such owner or occupier to carry out any drainage work within the meaning of the Buildings Ordinance (Cap 123), except with the consent in writing of the Building Authority. (3) If the person upon whom a notice is served under the provisions of subsection (2)(b) fails to comply with any of the requirements thereof - (a) such person shall be guilty of an offence; and (b) the Authority may execute, or cause to be executed, any work necessary to satisfy the requirements of such notice, and may recover any expenses thereby incurred from such person. (4) If any person considers himself aggrieved by any notice served upon him under the provisions of subsection (2)(b) or by any act done by or on behalf of the Authority under the provisions of this section, he may, within 14 days after the service upon him of the notice or the doing of the act, as the case may be, appeal to the court, and the court may make such order as may appear to it to be just having regard to all the circumstances. (5) Notwithstanding any appeal under the provisions of subsection (4), the Authority may proceed with and carry out any work which, in the opinion of the Authority, ought to be carried out under this section, but, until such appeal is abandoned or determined, no sum of money in respect of any such work shall be recoverable from any person party to such appeal. |