【法规名称】
【法规编号】 44492 什么是编号？
【正 文】
第8页 CAP 132 PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE
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[接上页] Cap 132 s 15A (Repealed 78 of 1999 s. 7) Cap 132 s 16 (Repealed 8 of 1980 s. 37) Cap 132 s 17 (Repealed 8 of 1980 s. 37) Cap 132 s 18 (Repealed 8 of 1980 s. 37) Cap 132 s 19 (Repealed 8 of 1980 s. 37) Cap 132 s 20 Removal of litter or waste and cleaning of area Remarks: Adaptation amendments retroactively made - see 59 of 2000 s. 3 (1) If it appears to the Authority that any litter or waste ought to be removed from any place, the Authority may serve a notice in accordance with subsection (2) on the person who appears to him- (a) to be the owner of the litter or waste; (b) to have deposited the litter or waste in that place; or (c) to be the occupier of the place where the litter or waste is found. (2) A notice under subsection (1) shall require the person on whom it is served to remove the litter or waste, and may require him also to clean to the satisfaction of the Authority the area in which the litter or waste is found, within such period, not being less than 24 hours after the service of the notice, as may be specified therein. (3) If a notice served in accordance with subsection (2) is not complied with within the period specified therein- (a) the litter or waste to which the notice refers shall become the property of the Government and may be removed and destroyed or otherwise disposed of by the Authority which may clean the area in which it was found; and (Amended 59 of 2000 s. 3) (b) the person on whom the notice was served shall be guilty of an offence and on conviction may, in addition to any other penalty imposed, be ordered by the court to pay the whole or part of the expenses incurred by the Authority in removing and destroying or disposing of the litter or waste and in cleaning the area in which it was found. (Replaced 46 of 1972 s. 3. Amended 8 of 1980 s. 37; 72 of 1981 s. 4) Cap 132 s 21 (Repealed 8 of 1980 s. 37) Cap 132 s 22 Prevention of obstructions to scavenging or conservancy operations Remarks: Adaptation amendments retroactively made - see 59 of 2000 s. 3 (1) If any person obstructs, or causes or permits any article or thing to be so placed as to obstruct or to be likely to obstruct, any scavenging or conservancy operation or any street sweeper acting in the performance of his duty- (a) such person shall be guilty of an offence; and (b) the court may, in addition to any other penalty imposed, order the forfeiture of such article or thing. (2) Notwithstanding the provisions of subsection (1)(b), where any article or thing is so placed as, in the opinion of the Authority, to cause or to be likely to cause obstruction to any scavenging operation or to any street sweeper acting in the performance of his duty, the Authority may- (a) cause to be served upon the owner of such article or thing, or, where the owner is absent from Hong Kong or cannot be found or ascertained by the Authority, cause to be attached to such article or thing, a notice requiring the owner or some person on his behalf- (i) to remove the same within a period of 4 hours after the notice is so served or attached; and (Replaced 34 of 1996 s. 2) (ii) to prevent the recurrence of such obstruction by the article or thing during such period, as may be specified in the notice; and (Replaced 46 of 1972 s. 4) (b) if such article or thing is not removed or is found causing obstruction within the period specified in the notice referred to in paragraph (a)(i) or (a)(ii), seize, carry away and detain such article or thing. (Replaced 46 of 1972 s. 4) (3) Where any article or thing is seized under the provisions of subsection (2)(b), the owner may, within 7 days after such seizure, recover the same upon payment to the Authority of the expenses (if any) incurred in the seizure, carrying away and detention thereof and of such additional sum as may be prescribed by regulations made under section 15: Provided that - (a) where any article or thing seized under this section is required, or likely to be required, for production in evidence in any proceedings under this Ordinance, the Authority may, notwithstanding anything contained in this subsection, retain such article or thing until such proceedings are either abandoned or determined; and (b) where any such proceedings are not instituted within 14 days after such seizure, such proceedings shall be deemed, for the purposes of this subsection, to have been abandoned. (4) If, within 7 days after the seizure of any article or thing under the provisions of subsection (2)(b), the same has not been recovered in the manner provided by subsection (3), such article or thing shall become the property of the Government, free from all liens, claims or incumbrances whatsoever, and may be sold or otherwise disposed of in such manner as the Authority may think fit. (Amended 59 of 2000 s. 3) (5) No action, liability, claim or demand whatsoever shall lie against the Authority or the Government, or against any person acting for or on behalf of the Authority or the Government, in respect of any loss or damage arising out of or by reason of the seizure, carrying away or detention of any article or thing, bona fide, under the provisions of this section. |
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