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[接上页] (4) If the owner or occupier, as the case may be, of any premises intends to cease to use any cesspool or well situated upon such premises, he shall forthwith give notice in writing of such intention to the Authority. (5) Any person who fails to comply with any of the provisions of subsection (3) or (4) 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 (3), 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. (6) Nothing in this section shall be taken or construed to the prejudice of the provisions of the Buildings Ordinance (Cap 123). Cap 132 s 14 Power to require limewashing, etc. of premises (1) If the Authority is of the opinion that any premises or any part of any premises are in such a state as to be - (a) a nuisance; or (b) injurious or dangerous to health, or are in such a state as to affect injuriously or disfigure the amenities of any place or locality, the Authority may cause a notice to be served upon the owner or occupier of the premises requiring him to limewash, paint, cleanse, disinfect or disinfest such premises or any part thereof to the satisfaction of the Authority within such period as may be specified in the notice. (Replaced 58 of 1973 s. 2) (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 to satisfy the requirements of such notice, and may recover any expenses thereby incurred from such person: Provided that the Authority may, where it thinks it reasonable, defray all or any part of such expenses. Cap 132 s 15 Regulations as to cleansing and prevention of nuisances (1) The Authority may make regulations prescribing or providing for- (a) the prevention of nuisance or danger to health or person arising from salt, effluvia, offal, fish, litter, waste or other matter or thing, including the liability of the owner or occupier of any premises, or the driver, registered owner or hirer of any motor vehicle, in relation to the prevention of such nuisance or danger; (Replaced 72 of 1981 s. 3) (b) the prevention, control and collection of litter or waste, including the liability of the owner or occupier of any premises, or the driver, registered owner or hirer of any motor vehicle, in relation to such prevention, control and collection; (Amended 72 of 1981 s. 3) (c) the cleansing of any premises or place by any person; (d) the prevention or restriction of scavenging and of picking over of waste; (e) the times during which any excretal matter or offensive or noxious thing may be removed or carried by road or water in or through any district or place, and the construction of vehicles, containers or vessels used for such purpose so as to prevent the escape of any such matter or thing and so as to prevent any nuisance arising therefrom; (f) the removal or disposal of street waste, household waste or excretal matter, and the duties of the owner or occupier of any premises in relation to household waste or excretal matter so as to prevent nuisances arising therefrom and to facilitate its removal or disposal by any lawful scavenging or conservancy service; (g) the provision, design and construction of containers for the collection and storage of household waste; (Replaced 8 of 1980 s. 37) (h) (Repealed 49 of 1994 s. 2) (i) the additional sum to be paid on the recovery under the provisions of section 22(3) of any article or thing seized under the provisions of subsection (2) of that section; (j) regulating or prohibiting the employment of children in the removal or disposal of waste. (Amended 46 of 1972 s. 2; 8 of 1980 s. 37) (1A) Regulations made under this section may provide that, where an owner of premises cannot be found or ascertained or is absent from Hong Kong or under disability, the regulations shall apply to an agent of the owner. (Added 48 of 1969 s. 3. Amended 10 of 1986 s. 24) (1B) Regulations made under this section may provide that the court by which a person is convicted of an offence consisting of a failure to comply with a notice given under the regulations may, in addition to imposing any other penalty, make an order for the payment by such person to the Authority of the whole or part of any expenses incurred by the Authority in carrying out any work necessary to satisfy the requirements of the notice. (Added 58 of 1973 s. 3) (1C) (Repealed 37 of 1987 s. 2) (2) (Repealed 8 of 1980 s. 37) |