【法规名称】
【法规编号】 44492 什么是编号？
【正 文】
第6页 CAP 132 PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE
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[接上页] (3) Any person who fails to comply with any of the provisions of subsection (1) or (2) shall be guilty of an offence: Provided that in any proceedings against the owner or occupier, as the case may be, in respect of a failure to comply with the provisions of subsection (1), it shall be a defence to prove that- (a) in the case of proceedings against the owner, such owner had reasonable cause to believe that the occupier or a previous owner or occupier had given such notice; and (b) in the case of proceedings against the occupier, such occupier had reasonable cause to believe that the owner or a previous owner or occupier had given such notice. Cap 132 s 11 Regulations for the protection of sewers and drains and prevention of nuisance therefrom Remarks: Adaptation amendments retroactively made - see 59 of 2000 s. 3 The Chief Executive in Council may make regulations prescribing or providing for- (Amended 59 of 2000 s. 3) (a) the general or particular protection of public sewers, drains or drainage works; and (b) the prevention of nuisances arising from public or private sewers, drains or drainage works. Cap 132 s 12 Nuisances which may be dealt with summarily PART III GENERAL, SANITATION AND CLEANLINESS (1) The following matters shall, subject as hereinafter provided, be nuisances which may be dealt with summarily under section 127- (a) any premises (including any cemetery) or vessel in such a state as to be a nuisance or injurious or dangerous to health; (b) any pool, well, ditch, gutter, watercourse, drain, sewer, water tank or container, cesspool, pond, pit, sanitary convenience, soil, waste or rainwater pipe, dust bin or refuse container or other like place or thing so foul, or in such a state, as to be a nuisance or injurious or dangerous to health; (c) any accumulation or deposit (including any dead body) which is a nuisance or injurious or dangerous to health; (d) any animal or bird kept in such a place, or in such a manner, as to be a nuisance or injurious or dangerous to health; (e) the emission of dust, fumes or effluvia from any premises in such a manner as to be a nuisance; (f) the emission of dust from any building under construction or demolition in such a manner as to be a nuisance; (g) the emission of air either above or below the temperature of the external air, or the discharge of water, whether waste or otherwise, from the ventilating system in any premises in such a manner as to be a nuisance. (Added 61 of 1974 s. 3.) (h) (Repealed 75 of 1988 s. 40) (2) Nothing in subsection (1)(c) shall render a person punishable in respect of any accumulation or deposit necessary for the effectual carrying on of a business or manufacture, if the court is satisfied that the accumulation or deposit has not been kept longer than is necessary for the purposes of the business or manufacture and that the best available means have been taken for preventing injury thereby to the public health. (3) Nothing in subsection (1) shall be taken or construed to the prejudice of the provisions of the Factories and Industrial Undertakings Ordinance (Cap 59) or the Air Pollution Control Ordinance (Cap 311). (Amended 17 of 1983 s. 50) Cap 132 s 13 Cleansing and covering of offensive ditches, drains, etc. (1) The Authority- (a) may cleanse, drain, enclose, cover or fill up, or cause to be cleansed, drained, enclosed or covered or filled up, any pond, pool, open ditch, drain, watercourse, cesspool, well, or place containing or used for the collection of any drainage, filth, water, matter or thing of an offensive nature or likely to be prejudicial to health; or (b) may cause notice to be served on the person causing, or likely to cause, any such nuisance or on the owner or occupier of any premises whereon any such nuisance exists requiring him, within the time specified in the notice, to drain, cleanse, enclose, cover or fill up the pond, pool, ditch, drain, watercourse, cesspool, well or place, as the case may be, or to construct a proper drain, ditch or other means for the discharge of such filth, water, matter or thing, or to execute such other work as the case may require. (2) If the person on 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 for the abatement of the nuisance, and may recover any expenses thereby incurred from the owner of the premises: Provided that the Authority may, where it thinks it reasonable, defray all or any part of such expenses. (3) The owner or, in default of the owner, the occupier of any premises upon which there is any disused cesspool or well which has not been covered in a permanent manner or filled in shall, forthwith after the existence of such disused cesspool or well comes to his knowledge, give notice in writing thereof to the Authority. |
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