Cap. 132 《公眾衞生及市政條例》Public Health and Municipal Services Ordinance

(1)

In this Ordinance, unless the context otherwise requires—

advertisement (宣傳、宣傳品) includes any structure or apparatus erected, used, or intended to be used, solely for the display of advertisements; analysis (分析) includes micro-biological assay but no other form of biological assay, and analyse (分析) shall be construed accordingly; animal (動物) includes reptiles, but does not include birds or fish; aquatic product (水產) means fish, shellfish, amphibian or any other form of aquatic life other than a bird, mammal or reptile; (Added 5 of 2011 s. 64) Authority (主管當局) means the public officer designated to be the Authority by the provisions of section 3; (Amended 78 of 1999 s. 7) bath (浴、沐浴) includes shower bath and turkish bath; billiard establishment (桌球場所) means any place opened, kept or used for the purpose of playing billiards, snooker, pool or similar games; (Added 53 of 1988 s. 3) book (書籍) includes a document, periodical, magazine, newspaper, pamphlet, music-score, picture, print, engraving, etching, deed, photograph, map, chart, plan or manuscript, and any other article or thing of a like nature provided for the use of the public in any library; (Replaced 50 of 1979 s. 2) canopy (簷篷) means any shade, shelter or other structure not carrying a floor load which— (a)projects from a wall of a building and is cantilevered or supported by brackets, posts or other means; or (b)is erected on any building or in or over any open space adjacent to or on a building and is supported by posts or other means; (Added 43 of 1972 s. 2) cemetery (墳場) means any place for the time being specified in the Fifth Schedule; civic centre (文娛中心) means any premises and the grounds appurtenant thereto set aside under section 105M as a civic centre; (Added 21 of 1973 s. 2) corporation (法團) means any person or body of persons incorporated by virtue of any Ordinance of Hong Kong and also means any company registered under the Companies Ordinance (Cap. 622) or under a former Companies Ordinance as defined by section 2(1) of the Companies Ordinance (Cap. 622); (Amended 10 of 1986 s. 24; 28 of 2012 ss. 912 & 920) court (法庭) means a magistrate’s court; cream (忌廉) means that part of milk rich in fat which has been separated by skimming or otherwise; crematorium (火葬場) means any building or place designed or adapted for the purpose of burning human remains; (Added 21 of 1973 s. 2) dancing establishment (跳舞場所) means any public dance-hall or dancing school which is required to be licensed under the provisions of the Miscellaneous Licences Ordinance (Cap. 114) or the Places of Public Entertainment Ordinance (Cap. 172); deposit (棄置), in relation to litter or waste, includes to cast, throw, spray, sweep, place, drop, discharge, spill, dump, tip, scatter or blow such litter or waste; (Added 72 of 1981 s. 2) drain (排水渠) means a drain used for the drainage of one building or any buildings or yards appurtenant to buildings within the same curtilage, and the expression public drain (公共排水渠) means a drain which is vested in and maintained by the Government and, for the purposes of this Ordinance, includes any part of a drain from the outlet of any disconnecting trap to its junction with a public drain or sewer, and the expression private drain (私家排水渠) means any drain other than a public drain; drink (飲品) does not include water other than— (a)aerated water; (b)distilled water; (c)water from natural springs, either in its natural state or with added mineral substances; and (d)water that is placed in a sealed container and is intended for human consumption; (Replaced 5 of 2011 s. 64) drug (藥物) includes any medicine, Chinese herbal medicine or proprietary Chinese medicine for internal or external use by man; (Replaced 47 of 1999 s. 162) establishment (場所) includes premises; excretal matter (排泄物) means excretal matter of human beings; exhibit (展品) means an article intended for display within a museum whether or not the article is displayed to the public at any particular time; (Added 21 of 1973 s. 2) fire hazard (火警危險) means— (a)-(b)(Repealed 5 of 1985 s. 2) (c)any removal from any building of any fire service installation or equipment which was provided in such building in accordance with plans certified by the Director of Fire Services for the purposes of section 16 of the Buildings Ordinance (Cap. 123); (d)the presence in any building of any fire service installation or equipment which from lack of proper maintenance or for any other reason is not in efficient working order; (e)(Repealed 5 of 1985 s. 2) (f)any other matter or circumstance which materially increases the likelihood of fire or other calamity or the danger to life or property that would result from the outbreak of fire or the occurrence of any other calamity, or which would materially hamper the Fire Services Department in the discharge of its duties in the event of fire or other calamity; (Added 61 of 1974 s. 2) fire service installation or equipment (消防裝設或設備) means any installation or equipment manufactured, used or designed to be used for the purposes of— (a)extinguishing, attacking, preventing or limiting a fire; (b)giving warning of a fire; (c)providing access to any premises for the purpose of extinguishing, attacking, preventing or limiting a fire; (Added 61 of 1974 s. 2) (d)facilitating the evacuation from any premises or place in case of fire; (Added 7 of 2003 s. 21) (e)providing a stand-by power supply to an installation or equipment the purposes of which are mentioned in paragraphs (a) to (d) in the event of the loss of normal power supply; (Added 7 of 2003 s. 21) fish (魚) means all fish commonly used for human consumption and also means any other fish which is sold or offered for sale for human consumption; food (食物) includes— (a)drink; (b)ice; (c)chewing gum and other products of a similar nature and use; (d)smokeless tobacco products; and (e)articles and substances used as ingredients in the preparation of food, but does not include— (f)live animals or live birds, other than live aquatic products; (g)fodder or feeding stuffs for animals, birds or aquatic products; or (h)medicine as defined by section 2(1) of the Pharmacy and Poisons Ordinance (Cap. 138) or Chinese herbal medicine or proprietary Chinese medicine as defined by section 2(1) of the Chinese Medicine Ordinance (Cap. 549); (Replaced 5 of 2011 s. 64) goods vehicle (貨車) has the same meaning as it has in the Road Traffic Ordinance (Cap. 374); (Added 72 of 1981 s. 2) grave (墳墓) means a burial place formed in the ground by excavation and without any internal walls of brickwork or stonework or any other artificial lining; hawker (小販) means— (a)any person who trades in any public place—(i)by selling or exposing for sale any goods, wares or merchandise; or(ii)by exposing samples or patterns of goods, wares or merchandise to be afterwards delivered; or(iii)by hiring or offering for hire his skill in handicraft or his personal services; and (b)any person who itinerates for the purpose—(i)of selling or exposing for sale any goods, wares or merchandise; or(ii) of hiring or offering for hire his skill in handicraft or his personal services: Provided that nothing in this definition shall be taken to include— (i)any person who sells to or seeks orders from any person who is a dealer in any such goods, wares or merchandise and who buys to sell again; or (ii)any person who on request visits in any place the person making such request for the purpose of selling or offering for sale or delivering to him or taking from him orders for any goods, wares or merchandise or of hiring to the person making such request his skill in handicraft or his personal services; or (iii)any representative of the press or any photographer; health inspector (衞生督察) means any person appointed by the Chief Executive to be a health inspector and any person for the time being performing the duties of a health inspector; (Amended 59 of 2000 s. 3) health officer (衞生主任) means— (a)the Director of Health, a Deputy Director of Health or an Assistant Director of Health; or (b)the Director of Food and Environmental Hygiene, a Deputy Director of Food and Environmental Hygiene or an Assistant Director of Food and Environmental Hygiene, and includes a person authorized by the Director of Health or the Director of Food and Environmental Hygiene to perform the functions of a health officer; (Added 78 of 1999 s. 7) household waste (住戶廢物) means waste produced by a household and of a kind ordinarily produced by a dwelling when occupied as such; (Replaced 8 of 1980 s. 37) latrine (廁所) includes a water closet, urinal and dry latrine, and all other sanitary equipment or installations designed, intended or used for the reception of excretal matter; librarian (圖書館長) means the Chief Librarian; (Added 21 of 1973 s. 2. Amended 8 of 1980 s. 37) library (圖書館) means any building, or part of a building, designated under section 105K as a library; (Added 21 of 1973 s. 2) library material (圖書館藏件) means any book, film, gramophone record, tape, and any other thing on or in which any information or image is written, recorded, stored or reproduced; (Added 50 of 1979 s. 2) licensee (持牌人) includes a delegate appointed pursuant to a requirement under the provisions of section 125(7); litter (扔棄物) includes— (a)any earth, dirt, soil, dust, ashes, paper or refuse; (b)any glass, china, earthenware or tin; (c)any mud, clay, brick, stone, plaster, sand, cement, concrete, mortar, wood, timber, sawdust, plastic, construction material or excavated material; (d)any rubble, rubbish or debris; (e)any filth, manure, dung, excretal matter and any other offensive, noxious or obnoxious matter or liquid; and (f)any substance or article likely to constitute a nuisance; (Added 72 of 1981 s. 2. Amended 13 of 2025 s. 3) market (街市) means any market to which, by virtue of a declaration by the Authority under section 79(1), this Ordinance applies; (Amended 57 of 1978 s. 2) milk (奶類) means cows milk, buffaloes milk and goats milk, and includes cream and separated milk, but does not include dried milk, condensed milk or reconstituted milk; (Amended 32 of 1963 s. 2) mobile library (流動圖書館) means any vehicle within the meaning of section 2 of the Road Traffic Ordinance (Cap. 374) and any vessel maintained by the Authority and used for the conveyance of library material for the use of the public; (Added 21 of 1973 s. 2. Amended 50 of 1979 s. 2) mortuary (殮房) means any premises or place set apart or habitually used for the reception, storage or treatment of human remains; motor vehicle (汽車) means any mechanically propelled vehicle; (Added 72 of 1981 s. 2) Municipal Services Appeals Board (市政服務上訴委員會) means the Municipal Services Appeals Board established under section 3 of the Municipal Services Appeals Board Ordinance (Cap. 220); (Added 78 of 1999 s. 7) museum (博物館) means a building, or part of a building, or area designated under section 105G as a museum; (Added 21 of 1973 s. 2) offensive trade (厭惡性行業) means any trade, business, process or manufacture declared under the provisions of section 48 to be an offensive trade; owner (擁有人) includes a person holding premises direct from the Government whether under lease, licence or otherwise, a mortgagee in possession and a person receiving the rent of any premises, solely or with another, on his own behalf or that of any person, or who would receive the same if such premises were let to a tenant; (Added 48 of 1969 s. 2. Amended 29 of 1998 s. 105) package or packing (包裝) includes every means by which goods for carriage, sale or deposit are cased, covered, enclosed, contained or wrapped; petroleum (石油) means crude petroleum or any oil made from petroleum or from coal, shale, peat or other bituminous substances; poultry (家禽) means any bird commonly used for human consumption and also any other bird which is sold or offered for sale for human consumption; premises (處所) includes land, buildings, structures and basements and, in relation to any building, includes the curtilage thereof, and, in relation to the internal parts of a building, includes any bedspace, cubicle, room, floor, or portion of a floor, the subject of a separate letting; (Amended 32 of 1963 s. 2) prescribed fee (訂明費用), in relation to any purpose in or under this Ordinance, means the fee prescribed for that purpose under section 124I, 124J or 124L as may be appropriate; (Added 78 of 1999 s. 7) private market (私營街市) means any market other than a public market; public analyst (政府分析員) means the Government Chemist, the Government Pathologist and any analyst appointed by the Chief Executive for the purposes of this Ordinance; (Amended 59 of 2000 s. 3) public bowling-alley (公眾保齡球場) means any place opened, kept or used for the purpose of playing the game of skittles to which the public are admitted with or without payment for admission; (Added 21 of 1973 s. 2) public market (公眾街市) means a market designated as a public market under section 79(3); (Amended 21 of 1973 s. 2) public pleasure ground (公眾遊樂場地) means any place for the time being specified in the Fourth Schedule and delineated on any plan thereof which may, for the time being, have been deposited in accordance with the provisions of section 106(5), and, in the case of a beach, includes the sea and the sea-bed within the limits of the beach; public skating rink (公眾溜冰場) means any place opened, kept or used for the purpose of skating to which the public are admitted with or without payment for admission unless such place is a place of public entertainment licensed as such under the Places of Public Entertainment Ordinance (Cap. 172); (Added 21 of 1973 s. 2) public swimming pool (公眾泳池) means a swimming pool designated as a public swimming pool under section 42A; (Amended 21 of 1973 s. 2) registered specialist contractor (ventilation works category) (註冊專門承建商(通風系統工程類別)) means a person whose name is for the time being on the sub-register for the ventilation works category in the register of specialist contractors maintained under section 8A of the Buildings Ordinance (Cap. 123); (Added 78 of 1999 s. 7) reptiles (爬蟲) means all reptiles commonly used for human consumption and any other reptiles sold or offered for sale for human consumption; (Added 9 of 1976 s. 2) sale or sell (售、售賣、出售) includes disposal by barter or raffling; sanitary convenience (衞生設施) includes latrine, sink, bath, washbasin, slop closet and any similar convenience; scheduled offence (附表所列罪行) means an offence under any of the enactments specified in the First Schedule; scheduled premises (附表所列處所) means any premises of any of the classes of premises specified in the first column of the Second Schedule; sealed (加封) includes closed by means of a stopper or screw top; (Added 26 of 1986 s. 2) Secretary for Home and Youth Affairs (民政及青年事務局局長) includes the Director of Home Affairs and any district officer; (Replaced 10 of 1986 s. 4. Amended L.N. 262 of 1989; L.N. 621 of 1994; L.N. 362 of 1997; L.N. 144 of 2022) sewer (下水道) does not include a drain as defined in this section but otherwise includes all sewers and drains used for the drainage of buildings and yards appurtenant to buildings, and the expression public sewer (公共下水道) means a sewer which is vested in and maintained by the Government and includes, for the purposes of this Ordinance, any part of a sewer from the outlet of any disconnecting trap to its junction with a public sewer or drain which part lies outside the lot boundary, and the expression private sewer (私家下水道) means any other sewer; (Amended 48 of 1969 s. 2) slaughterhouse (屠房) and abattoir (屠場) mean any premises or place habitually used for the slaughter of animals for human consumption; and the expression public slaughterhouse (公營屠房) means a slaughterhouse designated as a public slaughterhouse under section 76A(1); and the expression private slaughterhouse (私營屠房) means any other slaughterhouse; (Replaced 21 of 1973 s. 2) smokeless tobacco product (無煙煙草產品) means any product which consists of tobacco, or primarily of tobacco, intended to be taken orally, and includes chewing tobacco (whether looseleaf, firm plug, moist plug, twist or roll chewing tobacco) and moist snuff, but does not include dry snuff taken by inhalation; (Added 62 of 1986 s. 2) stadium (體育場) means any stadium for the time being specified in the Twelfth Schedule and delineated on any plan thereof deposited in accordance with section 105A(4); (Added 21 of 1973 s. 2) street waste (街道廢物) means dust, dirt, rubbish, mud, road scrapings or filth, but does not include excretal matter; (Amended 8 of 1980 s. 37) The Commonwealth War Graves Commission (英聯邦國殤紀念墳場管理委員會) means The Commonwealth War Graves Commission established by the charter dated 21 May 1917 (read and construed with the supplemental charter dated 8 June 1964) as amended from time to time; (Added 12 of 1994 s. 2) trade waste (行業廢物) means waste from any trade, manufacture or business, or any waste building or civil engineering materials; (Replaced 8 of 1980 s. 37) vault (墓穴) includes underground burial places of every description, except graves; ventilating system (通風系統) means a system which is either mechanical or electrical, or both, for introducing or exhausting air, and also means an air-conditioning plant which contains a device for reducing or increasing the temperature of the air in any building, or any part thereof, below or above the temperature of the external air; (Replaced 61 of 1974 s. 2) vermin (蟲鼠) includes rodents, and also includes cockroaches, mites, ticks, bugs, fleas, lice and itch mites, and the eggs, larvae, nymphs or pupae thereof; vessel (船隻) means any ship, junk, sampan, boat or other description of craft within the waters of Hong Kong, but does not include registered ocean going ships nor any ships or vessels belonging to any government other than the Government of the Hong Kong Special Administrative Region; (Amended 10 of 1986 s. 24; 23 of 1998 s. 2) waste (廢物) means any substance or article which is abandoned; (Added 8 of 1980 s. 37) workplace (工場) means any premises, vessel or place in which articles are manufactured, altered, cleansed, repaired, ornamented, finished, adapted for sale, broken up or demolished or in which materials are transformed (including shipbuilding), but does not include any notifiable workplace under section 9 of the Factories and Industrial Undertakings Ordinance (Cap. 59). (Amended 50 of 1985 s. 9; 10 of 1986 s. 4)

(Amended E.R. 4 of 2019)

(2)

For the purposes of this Ordinance any substance or article which is discarded or otherwise dealt with as waste shall be presumed to be waste until the contrary is proved. (Added 8 of 1980 s. 37)

(3)

For the purposes of this Ordinance any substance or article which is discarded or otherwise dealt with as litter shall be presumed to be litter until the contrary is proved. (Added 72 of 1981 s. 2)

(1)

Subject to subsection (2), the Authority for the purposes of each section of this Ordinance specified in the first column of the Third Schedule is the public officer specified opposite to it in the second column of that Schedule. (Replaced 78 of 1999 s. 7)

(2)

The Chief Executive in Council may by order designate any public officer to be the Authority for the purposes of any of the sections of this Ordinance in substitution for the public officer specified in the Third Schedule as the Authority for the purposes of that section. (Amended 78 of 1999 s. 7)

(3)

The Chief Executive in Council may by order amend, add to or delete from the Third Schedule.

(1)

Any person who—

shall be guilty of an offence. (Amended 8 of 1980 s. 37)

(2)

The Authority may prosecute for an offence under the provisions of subsection (1), and shall not be obliged to prosecute if, in its opinion, the solid or other matter may be received into the public sewer or drain in question without risk of damage to structure or danger to the health of persons employed at or being near to such sewer or drain: (Amended 78 of 1999 s. 7)Provided that nothing in this subsection shall be deemed to derogate from the powers of the Secretary for Justice in relation to the prosecution of criminal offences. (Amended L.N. 362 of 1997)

(1)

The Authority may cause a notice to be served on the owner or occupier of land adjoining any street or place in which is situated a public sewer, drain or drainage works requiring him, within such time as may be specified in such notice, so to fence off, channel or embank the land as to prevent soil or waste being carried into such public sewer, drain or drainage works. (Amended 8 of 1980 s. 37)

(2)

Any person who fails to comply with any of the requirements of a notice served under the provisions of subsection (1) within the time specified therein shall be guilty of an offence.

(1)

The owner or, in default of the owner, the occupier of any premises shall, forthwith after it comes to his knowledge that there is any disused sewer or drain in, under or upon the premises, give notice in writing of the existence of such disused sewer or drain to the Authority.

(2)

If the owner or occupier, as the case may be, of any premises intends to cease to use any sewer or drain in, under or upon such premises, he shall forthwith give notice in writing of such intention to the Authority.

(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.

(1)

The following matters shall, subject as hereinafter provided, be nuisances which may be dealt with summarily under section 127—

(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)

(1)

The Authority—

(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—

(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.

(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).

(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—

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—

(1)

The Authority may make regulations prescribing or providing for—

(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)

(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—

(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—

(Replaced 46 of 1972 s. 3. Amended 8 of 1980 s. 37; 72 of 1981 s. 4)

(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—

(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—

(2A)

A period mentioned in subsection (2)(a)(i) must not be shorter than 30 minutes. (Added 13 of 2025 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.

(1)

If litter or waste of any kind is found on or in any canopy—

(2)

If the Authority is of opinion that litter or waste which is found on or in a canopy— (Amended 8 of 1980 s. 37; 72 of 1981 s. 5)

he may cause a notice to be served on the occupier of the premises or that part of the premises for the benefit of which the canopy is erected or, if the occupier cannot be found or there is no occupier, the owner of the premises, requiring him to remove the canopy within such time as may be specified in the notice.

(3)

If a notice served under subsection (2) is not complied with within the time specified in the notice, the Authority may remove the canopy and do whatever is necessary to effect such removal.

(4)

The Authority shall not remove a canopy under subsection (3) until 14 days from the date of service of the notice or, in the event of an appeal to the Chief Executive under subsection (7), the determination of such appeal. (Amended 59 of 2000 s. 3)

(5)

If a canopy is removed under subsection (3) the Authority may—

(6)

If a canopy is removed under subsection (3), no action, liability, claim or demand shall lie against the Authority or the Government or against any person acting for or on behalf of the Authority or the Government at the suit of any owner or occupier of the premises for the benefit of which the canopy so removed was erected, maintained or used, for any damage done to the canopy or the premises or for any damage or loss arising out of or by reason of the removal of the canopy.

(7)

Any person on whom a notice to remove a canopy is served under subsection (2) who considers himself aggrieved by the requirement of the notice, may within 14 days after the service thereof, appeal to the Chief Executive. (Amended 59 of 2000 s. 3)

(8)

If an appeal is made under subsection (7), the Chief Executive may confirm, vary or cancel the notice and the decision of the Chief Executive shall be final. (Amended 59 of 2000 s. 3)

(1)

Any public officer authorized in writing in that behalf by the Authority may—

(2)

In the absence of a police officer, it shall be lawful for any watchman employed by the Government on any waste dump under the control of the Government to arrest any person whom he finds raking, picking over or grubbing in any waste deposited in or upon such dump or removing or scattering any portion of any such waste without, in any such case, lawful authority or excuse. (Amended 8 of 1980 s. 37)

(3)

Any public officer or any watchman who arrests any person under the provisions of subsection (1) or (2) shall forthwith take him to the nearest police station or give him into the custody of a police officer, whereupon the provisions of section 52 of the Police Force Ordinance (Cap. 232) or of sections 51 and 52 of that Ordinance, as the case may be, shall apply.

(1)

Where it appears to the Authority that the water in any spring, well, pool, pond, watercourse, swimming pool or other source—

the Authority may cause a notice to be served upon the owner of the premises upon which such spring, well, pool, pond, watercourse, swimming pool or other source exists 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 thereof requiring him within such time as may be specified in such notice, to close, permanently or temporarily, such spring, well, pool, pond, watercourse, swimming pool or other source, or to take such other steps as may appear to the Authority to be necessary to prevent injury or danger to the health of persons drinking or using such water. (Amended 10 of 1986 s. 24)

(2)

If any person on whom a notice is served under the provisions of subsection (1) fails to comply with any of the requirements thereof —

(1)

The Authority may make regulations prescribing or providing for—

(2)

Nothing in subsection (1) or in section 24 shall be taken to apply to any waterworks within the meaning of the Waterworks Ordinance (Cap. 102), or taken or construed to the prejudice of the provisions of the Buildings Ordinance (Cap. 123).

(1AA)

For the purposes of this section—

mosquito-related health hazard (蚊致健康危害) means any circumstances that— (a)create favourable condition for the transmission of mosquito-borne diseases which constitute a danger to human health; or (b)are likely to create such a condition if immediate remedial action is not taken; the appointed contractor (獲委任承建商), in relation to any site, means— (a)the person who is the registered contractor appointed in respect of the site in accordance with the Buildings Ordinance (Cap. 123); or (b)where the site is owned by the Government, the person who has been appointed the contractor in respect of the site, if he has entered on the site at the relevant time; the person responsible for the premises (有關處所的負責人), in relation to any premises, means— (a)any one or more of the following persons—(i)the occupier of the premises;(ii)the owner of the premises;(iii)the person responsible for the management of the premises; or (b)where the premises consist of a building site, the appointed contractor of the site. (Added 9 of 2006 s. 2)(Amended E.R. 4 of 2019)

(1)

Where it appears to the Authority that there is, or is likely to be, upon any premises any accumulation of water, whether waste or otherwise, likely to contain larvae or pupae of mosquitoes, the Authority may, whether such accumulation of water is presently found to exist or not, by a notice served on the person responsible for the premises, require him, within such time as may be specified in the notice— (Amended 9 of 2006 s. 2)

(1A)

Where it appears to the Authority that there is upon any premises any article capable of causing accumulation of water which allows the breeding of mosquitoes, the Authority may, by a notice served on the person responsible for the premises, require him to take such steps within such time as may be specified in the notice to prevent the breeding of mosquitoes upon the premises. (Added 9 of 2006 s. 2)

(1B)

If the Authority has reasonable cause to believe that upon any premises any accumulation of water or any article poses a mosquito-related health hazard, the Authority may—

(2)

Any person who without reasonable excuse—

shall be guilty of an offence. (Replaced 9 of 2006 s. 2)

(2A)

If a person is charged with an offence under subsection (2) for failure to comply with a notice served on him under subsection (1) in relation to a requirement referred to in subsection (1)(a), it shall be a defence for him to prove that he has taken all reasonable steps to comply with the requirement. (Added 9 of 2006 s. 2)

(2B)

If, in relation to any premises—

(3)

If any larvae or pupae of mosquitoes are found on any premises consisting of a building site of which there is the appointed contractor, the appointed contractor of the site shall be guilty of an offence. (Replaced 9 of 2006 s. 2)

(3A)

If—

such person shall be guilty of an offence. (Added 9 of 2006 s. 2)

(4)

The Director of Health and any public officer, authorized by him in that behalf may, in addition to the Authority, exercise any of the powers vested in the Authority by the provisions of this section. (Amended L.N. 76 of 1989; 9 of 2006 s. 2)

(5)

(Repealed 9 of 2006 s. 2)

(6)

A document which purports—

shall be admitted in evidence in any proceedings for an offence under this section on its production before the court without further proof. (Added 9 of 1976 s. 3. Amended 9 of 2006 s. 2)

(7)

On the production of a document under subsection (6)—

(1)

The Authority may make regulations to promote the destruction of mosquitoes or the prevention of the breeding thereof.

(2)

Any regulations made under subsection (1) may be of general application or limited to particular districts, areas, premises or types or classes of premises.

(1)

Where it appears to the Authority that any premises, or any part of any premises, whether such premises were constructed before or after the commencement of the Buildings Ordinance (Cap. 123) or of this Ordinance, are without, or without sufficient, latrine accommodation or that the latrine accommodation provided therein is ineffective or of a type which is unsuitable having regard to the circumstances of the case, the Authority may cause a notice to be served upon the owner of such premises 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 thereof, requiring him, within such time as shall be specified in the notice, to provide such number of latrines, or latrines of such type, or to do such other thing to provide effective and sufficient latrine accommodation, as may be specified in the notice: (Amended 10 of 1986 s. 24)Provided that, where any such requirement involves the carrying out of building works within the meaning of the Buildings Ordinance (Cap. 123), no such notice shall be issued except with the consent in writing of the Building Authority.

(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—

(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 of such notice or the doing of such act, as the case may be, appeal to the Municipal Services Appeals Board, and no offence shall be deemed to have been committed under subsection (2) until after such appeal be abandoned or dismissed. (Amended 58 of 1990 s. 22; 78 of 1999 s. 7)

(4)

The provisions of this section shall not apply to any school registered under the Education Ordinance (Cap. 279), or to any notifiable workplace under the Factories and Industrial Undertakings Ordinance (Cap. 59). (Amended 50 of 1985 s. 9)

(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—

(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.

(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—

(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 —

(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.

(1)

The Authority, or any person duly authorized by licence of the Authority, may provide and maintain any latrine or bathhouse for the use of the public in any situation where the Authority shall consider such latrine or bathhouse to be required having regard to the general benefit of the public, and may equip any such latrine or bathhouse with all requisite furnishings, fittings and mechanical or other appliances for the use, convenience or assistance of persons resorting thereto:Provided that nothing in this section shall authorize the Authority, or any person acting under a licence issued by the Authority, to carry on the business of a launderer, dyer or dry cleaner in any such bathhouse, or to permit any person to use any such furnishings, fittings or mechanical or other appliances as aforesaid for the purpose of a laundry, dyeing or dry cleaning business.

(2)

If any person other than the Authority opens or maintains any latrine or bathhouse for the use of the public otherwise than under and in accordance with a licence granted under subsection (1), he shall be guilty of an offence.

(1)

The Authority may make regulations in relation to swimming pools (including the precincts thereof) prescribing or providing for—

(2)

Regulations made under this section may be of general application or restricted to any particular swimming pool or to any class or type of swimming pool.

(1)

The Authority may, by order published in the Gazette, designate any premises and the grounds appurtenant thereto as a public swimming pool.

(2)

The swimming pools specified in the Fourteenth Schedule shall be deemed to have been designated as public swimming pools.

(3)

The Authority may, by order published in the Gazette, amend, add to or delete from the Fourteenth Schedule.

(1)

The Authority may, in relation to any public swimming pool, make rules which are not inconsistent with regulations made under section 42 to provide for the better control of persons in connection with the use of the swimming pool and to provide information relating to the use of the swimming pool. (Replaced 78 of 1999 s. 7)

(2)

Any person who fails to comply with any rule made under the provisions of subsection (1) shall be guilty of an offence.

(1)

The Authority may close temporarily to the public any public swimming pool, or any part of any public swimming pool, and may—

(2)

The Authority may make, or authorize the making of, charges for admission to, or for the use of, any such swimming pool while it is closed to the public under the provisions of subsection (1).

(1)

Where it appears to the Authority that—

the Authority may cause the article to be cleansed, disinfected, disinfested or destroyed, as the case may be, and, if the Authority thinks fit, removed for that purpose.

(2)

For the purposes of this section, the wrapper or cover of any article or thing shall be deemed to form a part of such article or thing.

(3)

Nothing in this section shall be taken or construed to the prejudice of the provisions of the Prevention and Control of Disease Ordinance (Cap. 599). (Amended 14 of 2008 s. 18)

(1)

Where it appears to the Authority that any premises or vessel, or any part of any premises or vessel, are or is infested with vermin, the Authority may cause a notice to be served upon the owner or occupier of such premises or vessel, or such part of any premises or vessel, requiring him, within such time as may be specified in the notice, to cleanse such premises or vessel, or such part of any premises or vessel as may be specified in such notice, and to take such other steps for the purpose of destroying and removing any vermin as the Authority may in such notice direct.

(1A)

Without limiting subsection (1), if it appears to the Authority that any common parts of any premises that are a building (or part of a building) are infested with vermin, the Authority may, by notice served on the person responsible for the management of the premises, require the person to do either or both of the following—

(1B)

In subsection (1A), the reference to a person responsible for the management of any premises that are a building (or part of a building) is a reference to—

(2)

If the person on whom a notice is served under subsection (1) or (1A) fails to comply with any of the requirements thereof— (Amended 13 of 2025 s. 5)

(2A)

If the notice concerned is one that is served under subsection (1A), the Authority may recover any expenses under subsection (2)(b) only if the person on whom the notice is served is an owners’ corporation. (Added 13 of 2025 s. 5)

(3)

In any proceedings under the provisions of subsection (2), the court may inquire whether any requirement contained in any notice served, or any work done, by the Authority under the provisions of this section was reasonable and whether the expenses incurred by the Authority in doing that work, or any part thereof, ought to be borne wholly or in part by the person upon whom the notice was served, and may make such order concerning those expenses or their apportionment as appears to it to be just having regard to all the circumstances.

(4)

Notwithstanding anything contained in this section, where it appears to the Authority that any premises or vessel, or any part of any premises or vessel, are or is infested with vermin, the Authority may, without serving a notice under subsection (1) or (1A), forthwith take such reasonable steps as may be required to destroy or remove therefrom any vermin. (Amended 13 of 2025 s. 5)

(4A)

If it appears to the Authority that any premises or vessel (or any part of any premises or vessel) are or is infested with vermin, the Authority may place in the premises or vessel (or part of the premises or vessel) any equipment (however described) for—

(4B)

When exercising a power under subsection (4) or (4A) in respect of any premises or vessel, the Authority may not—

(5)

If—

the person commits an offence. (Replaced 13 of 2025 s. 5)

(6)

If any expenses have been incurred in exercising a power under subsection (4) in respect of any premises or vessel, the expenses may be recovered from the person in charge of the premises or vessel as a civil debt due to the Government. (Added 13 of 2025 s. 5)

(7)

For the purposes of subsection (6), if the person in charge mentioned in that subsection consists of 2 or more persons, all of them are jointly and severally liable for the expenses. (Added 13 of 2025 s. 5)

(8)

In this section—

Cap. 344 (《第344章》) means the Building Management Ordinance (Cap. 344); common parts (公用部分) has the meaning given by section 2 of Cap. 344; owners’ corporation (業主立案法團), in relation to a building (or part of a building), means the corporation registered under section 8 of Cap. 344 for the building (or part of the building); person in charge (負責人) means—(a)in relation to any premises that are common parts of a building—(i)the owners’ corporation for the building (or part of the building); or(ii)if there is no such owners’ corporation—the owner of the premises; or(b)in relation to any other premises or a vessel—(i)the occupier of the premises or vessel; or(ii)the owner of the premises or vessel. (Added 13 of 2025 s. 5)

(1)

No person shall add any substance to food, use any substance as an ingredient in the preparation of food, abstract any constituent from food, or subject food to any other process or treatment, so as (in any such case) to render the food injurious to health, with intent that the food shall be sold for human consumption in that state.

(2)

No person shall add any substance to, or abstract any constituent from, a drug so as to affect injuriously the quality, constitution or potency of the drug, with intent that the drug shall be sold in that state.

(3)

Subject to the provisions of this section, no person shall—

(4)

Any person who contravenes any of the provisions of subsection (1), (2) or (3) shall be guilty of an offence.

(5)

In determining for the purposes of this Part whether an article of food is injurious to health, regard shall be had not only to the probable effect of that article on the health of a person consuming it, but also to the probable cumulative effect of articles of substantially the same composition on the health of a person consuming such articles in ordinary quantities.

(6)

In any proceedings for an offence under the provisions of subsection (4) consisting of the advertisement for sale of any food or drug, it shall be a defence for the person charged to prove that, being a person whose business it is to publish, or arrange for the publication of, advertisements, he received the advertisement for publication in the ordinary course of business.

(1)

No person shall add any water or colouring matter, or any dried or condensed milk or liquid reconstituted therefrom, to milk intended for sale for human consumption.

(2)

No person shall add any separated milk, or mixture of cream and separated milk, to unseparated milk intended for sale for human consumption.

(3)

No person shall sell or offer or expose for sale, or have in his possession for the purpose of sale, for human consumption any milk to which any addition has been made in contravention of the provisions of subsection (1) or (2).

(4)

No person shall sell, offer or expose for sale, or advertise, under the designation of milk any liquid in the making of which any separated milk, or any dried or condensed milk, has been used.

(5)

Any person who contravenes any of the provisions of subsection (1), (2), (3) or (4) shall be guilty of an offence.

(6)

For the purposes of subsection (3), a person shall be deemed to retain the possession of milk which is deposited in any place for collection until it is actually collected.

(1)

No person shall, by injection or any other means, introduce or cause the introduction of any water or other liquid into the tissues of the carcass, meat or offal of any animal, bird or reptile sold for human consumption or offered, exposed or intended for sale for human consumption.

(2)

No person shall sell for human consumption or offer or expose for sale or have in his possession for the purpose of sale for human consumption, any carcass, meat or offal of any animal, bird or reptile into the tissue of which there has been introduced by injection or any other means anything specified in subsection (1).

(3)

No person shall have in his possession whilst on, or bring onto or permit to be brought onto, any premises in which any carcass, meat or offal of any animal, bird or reptile intended for human consumption is kept or stored or is sold or is offered or exposed for sale, any instrument designed or adapted for the introduction into the tissues of the carcass, meat or offal of any animal, bird or reptile of anything specified in subsection (1).

(4)

Any person who contravenes any of the provisions of subsection (1), (2) or (3) shall be guilty of an offence.

(5)

Where—

on any premises on which there is carried on any business in the course of which the carcass, meat or offal of any animal, bird or reptile intended for human consumption is kept or stored or is sold or is offered or exposed for sale, then, in addition to any other person who may be guilty of an offence under subsection (4), and whether or not any other person is convicted for such offence, the person who carries on such business and the manager of the business shall each be guilty of an offence whether or not the persons last mentioned were aware of the commission of an offence under subsection (4) or of the presence of any instrument specified in subsection (3) on those premises.

(6)

Any public officer authorized in writing in that behalf by the Authority may seize and remove any instrument specified in subsection (3) which is found on any premises specified in that subsection or in the possession of any person on the premises who is employed on the premises either by the owner of the premises or by the person carrying on the business on the premises of keeping, storing or selling or offering or exposing for sale the carcass, meat or offal of any animal, bird or reptile intended for human consumption.

(7)

Subject to subsection (8), any instrument seized under subsection (6) may be destroyed or otherwise disposed of as the Authority thinks fit on the expiration of 7 days after the seizure.

(8)

If any person considers himself aggrieved by the seizure of any instrument under subsection (6) he may, within 3 days of the seizure, appeal to the court and on an appeal being so made the court may, after hearing the appellant and the Authority, order the instrument to be forfeited or otherwise dealt with as it thinks fit.

(1)

If any person sells to the prejudice of a purchaser any food or drug which is not of the nature, or not of the substance, or not of the quality, of the food or drug demanded by the purchaser, he shall, subject to the provisions of section 53, be guilty of an offence.

(2)

Without prejudice to the provisions of subsection (1), any person who for the purpose of sale keeps in any container any liquid which is not of the nature, or not of the substance, or not of the quality, of the alcoholic liquor which, by reason of the labelling or other marking of such container, it appears to be, shall be guilty of an offence.

(3)

Where regulations made under section 55 contain provisions prescribing the composition of, or prohibiting or restricting the addition of any substance to, any food or drug, a purchaser of that food or drug shall, unless the contrary is proved, be deemed, for the purposes of subsection (1), to have demanded a food or drug complying with the provisions of such regulations.

(4)

In any proceedings for an offence under the provisions of subsection (1), it shall not be a defence to allege that the purchaser bought for analysis or examination and therefore was not prejudiced.

(5)

In this section, save in so far as it relates to drugs, any reference to sale shall be construed as a reference to sale for human consumption.

(6) For the purposes of subsection (2), the expression alcoholic liquor (酒類) means spirits, liqueurs, wines and Chinese type liquor.

(1)

In any proceedings under section 52 for an offence consisting of the sale of food to which any substance has been added, or in the preparation of which any substance has been used as an ingredient, or from which any constituent has been abstracted, or which has been subjected to any other process or treatment, other than food thereby rendered injurious to health, it shall be a defence for the person charged to prove that the operation in question was not carried out fraudulently, and that the article was sold having attached thereto a notice of adequate size, distinctly and legibly printed and conspicuously visible, stating explicitly the nature of the operation, or was sold in a wrapper or container displaying such a notice.

(2)

The provisions of subsection (1) shall apply in relation to an offence consisting of the sale of a drug to which any substance has been added, or from which any constituent has been abstracted, other than a drug thereby injuriously affected in its quality, constitution or potency, as they apply in relation to any such offence as is therein mentioned.

(3)

In proceedings under section 52 in respect of any food or drug containing some extraneous matter, it shall be a defence for the defendant to prove that the presence of that matter was an unavoidable consequence of the process of collection or preparation.

(1)

Subject to the provisions of this section, any person who—

any food intended for, but unfit for, human consumption, or any drug intended for use by man but unfit for that purpose, shall be guilty of an offence.

(2)

Subject as aforesaid, where any food or drug in respect of which an offence under subsection (1)(a) has been committed was sold to the offender by some other person, that person also shall be guilty of an offence.

(3)

Where a person is charged with an offence under subsection (1)(b), or under subsection (2), it shall be a defence for him to prove either—

(1)

The appropriate authority may, so far as appears to him to be necessary or expedient in the interests of the public health, or otherwise for the protection of the public, make regulations for any of the following purposes—

(1A)

The appropriate authority may, so far as appears to him to be necessary or expedient in the interests of public health, or otherwise for the protection of the public, make regulations for prohibiting, restricting or regulating the importation or manufacture, or the sale, possession for sale, offer or exposure for sale, or consignment or delivery of—

(1B)

The appropriate authority may make regulations for fees to be paid in respect of any analysis or bacteriological or other examination of food or drugs by a public analyst. (Added 80 of 1997 s. 2)

(2)

In the exercise of his functions under subsection (1) in relation to the composition of food, the appropriate authority shall have regard to the desirability of restricting, so far as practicable, the use of substances of no nutritional value as foods.

(3)

Regulations made under subsection (1A) or (1B) may provide in respect of any provision thereof that the appropriate authority may amend that provision by notice in the Gazette. (Added 70 of 1982 s. 2. Amended L.N. 67 of 1985; L.N. 85 of 1990)

(4)

Regulations made under subsection (1A) may—

(5) In this section, any reference to “appropriate authority” is to be construed according to subsection (6). (Added 78 of 1999 s. 7. Amended E.R. 4 of 2019)

(6)

The appropriate authority for the purposes of—

(1)

Without prejudice to the provisions of section 55, the Authority may make regulations for securing the observance of sanitary and cleanly conditions and practices and wholesome methods in connection with—

(2)

Without prejudice to the generality of the provisions of subsection (1), regulations made under this section may make provision—

(3)

Regulations made under this section may require or provide for the registration or licensing of premises, businesses or persons engaged in or connected with any of the matters specified in subsection (1)(a) or (b). (Amended 49 of 1994 s. 12)

(3A)

Regulations made under this section containing provisions—

may empower a specified public officer, by notice in the Gazette, to grant exemptions from such provisions or any of them. (Added 57 of 1978 s. 3. Amended 78 of 1999 s. 7)

(4)

Regulations made under this section may make different provisions in relation to different classes of business, and, without prejudice to any other provisions of this section, any such regulations imposing requirements in respect of premises may impose on the occupier of the premises to which such regulations apply responsibility for compliance with those regulations.

(5)

The Authority may from time to time take such steps as it may think fit for publishing codes of practice in connection with matters which may be made the subject of regulations under this section, for the purpose of giving advice and guidance to persons responsible for compliance with such regulations.

(6)

A failure on the part of any person to observe any provisions of a code published under subsection (5) shall not of itself render that person liable to criminal proceedings of any kind but any such failure may, in any proceedings whether civil or criminal and including proceedings for an offence under this Ordinance, be relied upon by any party to the proceedings as tending to establish or to negative any liability which is in question in those proceedings.

(7) In this section and sections 56A and 56B, premises (處所) includes a stall or vessel and in relation to a vessel, occupier (佔用人) means the master. (Added 76 of 1988 s. 2. Amended 49 of 1994 s. 12)

(1)

The appropriate authority may, for the purpose of exercising the powers conferred on that authority under sections 55 and 56, by order require any person who at the date of the order or at any subsequent time carries on a business which includes the production, importation, or use of substances of any class specified in the order to furnish to such public officer as shall be specified in the order, within such time as may be so specified, such particulars as may be so specified of the composition and use of any such substance sold in the course of that business for use in the preparation of food for sale for human consumption or drugs for sale for use by man or used for that purpose in the course of that business. (Amended 80 of 1997 s. 3; 78 of 1999 s. 7)

(2)

Without prejudice to the generality of the provisions of subsection (1), an order made thereunder may require the following particulars to be furnished in respect of any substance, that is to say—

(3)

No particulars furnished in accordance with an order made under the provisions of subsection (1), and no information relating to any individual business obtained by means of such particulars, shall, without the previous consent in writing of the person carrying on the business in question, be disclosed except—

(4)

Any person who discloses any particulars or information in contravention of the provisions of subsection (3) shall be guilty of an offence.

(5)

Any person who fails to comply with the requirements of any order made under the provisions of subsection (1) shall be guilty of an offence.

(6) In this section, any reference to “appropriate authority” is to be construed according to subsection (7). (Added 78 of 1999 s. 7. Amended E.R. 4 of 2019)

(7)

The appropriate authority—

(1)

Any public officer authorized in writing in that behalf by the Authority may—

(1A)

Any person who fails to provide facilities for the examination of imported food in accordance with subsection (1)(c), after having been duly directed to do so by a public officer authorized in writing in that behalf by the Authority, shall be guilty of an offence. (Added 29 of 1976 s. 3)

(2)

If it appears to any public officer authorized in writing in that behalf by the Authority that any food or drug, whether seized under the provisions of subsection (1) or not, is unfit for human consumption or for use by man, respectively, or that any of the provisions of any regulations made under section 55 or 56 have been contravened in respect of any such food or drug, he may—

(3)

If any person sells, offers or exposes for sale, or deposits or consigns to any person for the purpose of sale or preparation for sale, or otherwise uses, any food or drug contrary to the purport of any mark, seal or other designation affixed thereto under the provisions of subsection (2), or removes, alters or obliterates any such mark, seal or designation with intent to deceive any person, he shall be guilty of an offence.

(4)

Before any food or drug is destroyed or otherwise disposed of under the provisions of subsection (2), there shall be recorded a description and such other details as will suffice to identify such food or drug, and the Authority shall keep such record in its custody for a period of not less than 12 months.

(5)

If any person considers himself aggrieved by the seizure and removal, or by the marking, sealing or otherwise designating, or by the destruction or other disposal, of any food or drug under the provisions of subsection (1) or (2) he may, within 72 hours after the doing of such act, complain to the court and the court may confirm or disallow the act, either wholly or in part, and shall, in the case of any act disallowed, or disallowed in part, order the removal of such mark, seal or other designation or the restoration of the food or drug seized and removed, either as to the whole or as to such part in respect of which the act was disallowed, or, if the food or drug in question, or any part thereof, has been destroyed or otherwise disposed of, or is no longer fit for human consumption or for use by man, as the case may be, or is depreciated in value at the time of making such order by reason of such act, order the Authority, to pay by way of compensation such sum of money, not exceeding the market value of such food or drug at the time of the doing of such act, as the court may, having regard to the circumstances of the case, consider just.

(6)

In the case of any conviction for an offence under section 54(1) or (2) or for an offence under any of the provisions of any regulation made under section 55, the court may order that any food or drug to which the conviction relates and any similar food or drug found on the defendant’s premises or in his possession at the time of the commission of the offence or of the seizure of the food or drug in question, shall be forfeited, together with all packages containing the same.

(7)

Any food or drug, and any package containing the same, forfeited under the provisions of subsection (6) shall be disposed of in such manner as the Authority may direct.

(1)

Sections 54 and 59 shall apply in relation to—

(2) In this section, the expression entertainment (娛樂節目) includes any social gathering, amusement, exhibition, performance, game, sport or trial of skill.

(1)

If any person gives with any food or drug sold by him, or displays with any food or drug exposed for sale by him, a label, whether or not the same is attached to or printed on the wrapper or container, which—

he shall be guilty of an offence, unless he proves that he did not know, and could not with reasonable diligence have ascertained, that the label was of such a character as aforesaid.

(2)

Subject to the provisions of subsection (3), if any person publishes, or is a party to the publication of, an advertisement, other than a label to which the provisions of subsection (1) apply which— (Amended 17 of 2018 s. 55)

he shall be guilty of an offence, and, in any proceedings against the manufacturer, producer or importer of the food or drug, it shall rest on the defendant to prove that he did not publish, and was not a party to the publication of, the advertisement.

(3)

In any proceedings for an offence under subsection (2), it shall be a defence for the defendant to prove either—

(4)

For the purposes of this section, a label or advertisement which is calculated to mislead as to the nutritional or dietary value of any food is calculated to mislead as to the quality of the food.

(5)

In any proceedings under this section, the fact that a label or advertisement in respect of which the offence is alleged to have been committed contained an accurate statement of the composition of the food or drug shall not preclude the court from finding that the offence was committed.

(6)

In this section, save in so far as it relates to drugs, references to sale shall be construed as references to sale for human consumption.

(1)

Any public officer authorized in writing in that behalf by the Authority may take samples for analysis, or for bacteriological or other examination, of any food or drug, or of any substance capable of being used in the preparation of any food or drug, which appears to him to be intended for sale or to have been sold for human consumption or for use by man, as the case may be, or which is found by him on or in any premises, stall, vehicle, vessel, aircraft or place which he is authorized to enter for the purposes of this Ordinance:Provided that—(a)such officer shall pay or tender payment of the market price of any such samples, or, if the market price be unknown or not readily ascertainable, a reasonable price, to the person appearing to have the lawful custody of such food, drug or substance; and(b)where any such food, drug or substance is kept for retail sale in unopened packages, no such sample shall consist of less than the whole of the contents of any one such package.

(2)

When taking any sample under this section, such officer shall take such steps as may be necessary to satisfy himself that the sample taken is a fair sample of the bulk of the food, drug or other substance in question.

(3)

Nothing in this section shall be construed as authorizing any purchase or sale of drugs in contravention of the provisions of the Dangerous Drugs Ordinance (Cap. 134).

(4)

Any person who fails to comply with any demand or requisition made under the provisions of this section shall be guilty of an offence.

(1)

An officer who takes a sample under the provisions of section 62 of any food, drug or substance for the purpose of analysis shall forthwith divide such sample into 3 parts, each part to be marked and sealed or fastened up in such manner as its nature will permit, and shall—

Provided that this subsection shall not apply to any sample taken for bacteriological examination. (Amended 59 of 1970 s. 3)

(2)

(3)

Of the remaining 2 parts of the sample, the officer shall, unless he decides not to have an analysis made, personally submit one to the public analyst, and retain the other for future comparison.

(4)

In every case to which the provisions of subsection (2) apply, the officer shall inform the person to whom the part of the sample is given that the sample was taken for the purpose of analysis by the public analyst.

(5)

When any sample which has been taken for analysis consists of the contents of an unopened package, the officer shall retain the packing material and, if he decides to have an analysis made, deliver such sample, together with such packing material and any label which may have been attached thereto at the time when the sample was taken, to the public analyst with the part of the sample submitted in accordance with the provisions of subsection (3).

(6)

Any part of a sample which under the provisions of this section is to be given to any person may be given either by delivering it to him or to his agent, or by sending it to him by post in a registered packet: Provided that where, after reasonable inquiry, the officer is unable to find the person to whom the part of the sample is to be given or to ascertain his name and address, he may, in lieu of giving the part to that person, retain it.

(7)

If it appears to the officer that any food, drug or substance of which he has taken a sample for the purpose of analysis was manufactured or put into its wrapper or container by a person (not being a person to whom one part of the sample is required to be given by virtue of the provisions of subsection (2)) having his name, and an address in Hong Kong, displayed on the wrapper or container, the officer shall, unless he decides not to have an analysis made, within 3 days after taking such sample, send to that person a notice informing him that the sample has been taken by him and where the sample was taken or, as the case may be, from whom it was purchased. (Amended 10 of 1986 s. 24)

(8)

Where a sample taken under the provisions of section 62 has been analysed by a public analyst, any person to whom a part of the sample was given in accordance with the provisions of subsection (2) shall be entitled, on payment of a fee of $1, to be supplied with a copy of the certificate given by such public analyst under section 64.

(9)

Any person who, for the purpose of advertisement, uses any certificate of analysis obtained under the provisions of subsection (8) shall be guilty of an offence.

(1)

In every case in which a sample for analysis is delivered to the public analyst under the provisions of section 63, the analyst shall cause it to be analysed as soon as practicable and shall give to the officer requesting the analysis a certificate specifying the result of the analysis in the form of Form A prescribed in the Seventh Schedule.

(2)

A certificate of the results of an analysis given by a public analyst in pursuance of the provisions of subsection (1) shall be signed by him, but the analysis may be made by any person acting under his directions.

(1)

In any proceedings under this Part, the production by one of the parties of a document purporting to be a certificate of the public analyst in the form of Form A prescribed in the Seventh Schedule, or of a document supplied to him by the other party as being a copy of such a certificate, shall be prima facie evidence of the facts stated therein, unless, in the first mentioned case, the other party requires that the public analyst shall be called as a witness.

(2)

In any such proceedings, if a defendant intends to produce a certificate of the public analyst, or, under the provisions of subsection (1), to require that the public analyst shall be called as a witness, notice of his intention, together, in the first mentioned case, with a copy of the certificate, shall be given to the other party not less than 3 clear days before the day on which the summons is returnable, and, if this requirement is not complied with, the court may adjourn the hearing on such terms as it thinks proper.

(3)

Where any relevant method of analysis has been prescribed by regulations made under section 55(1)(e), evidence of an analysis carried out by the prescribed method shall be preferred to evidence of any other analysis or test.

(1)

In any proceedings under this Part in respect of an article or substance sampled, the summons shall not be made returnable less than 14 days from the day on which it is served, and a copy of any certificate of analysis obtained on behalf of the prosecutor shall be served with the summons.

(2)

In any proceedings under this Part, where a sample has been procured in such circumstances that its division into parts is required by this Ordinance, the part of the sample retained by the person who took it shall be produced at the hearing.

(1)

For the purposes of this Part—

(2)

Where any food for human consumption or any drug for use by man is sold, or deposited with or consigned to any person for the purpose of sale for human consumption or use by man, as the case may be, contained in an unopened package, any person who appears from any statement thereon or attached thereto to have imported, manufactured or prepared such food or drug or to have enclosed it in such package shall, unless there is evidence to the contrary, be deemed to have so imported, manufactured, prepared or enclosed the same.

(3) For the purposes of this Part, the expression for use by man (供人使用) means for human consumption or for external application to the human body.

(4)

The presumptions in subsection (1) do not apply to live aquatic products that are in captivity for the purposes of propagation or promotion of growth. (Added 5 of 2011 s. 67)

(1)

Subject to the provisions of subsection (2), any public officer authorized under the provisions of section 59(1), who has reason to suspect that any vehicle, vessel or container contains any food which is intended for human consumption or any drug which is intended for use by man or any food or drug which is in the course of delivery after sale for human consumption or for use by man may examine the contents of such vehicle, vessel or container and may for that purpose, if necessary, detain the vehicle, vessel or container, and, in the case of a vehicle or vessel in motion, may call upon such vehicle or vessel to stop.

(2)

Nothing in this section shall authorize the detention of any vehicle, vessel or container used by a carrier of goods for the purposes of his trade as such a carrier.

(3)

Any person, being a person in charge of a vehicle or vessel which is called upon a stop under the provisions of subsection (1), who fails to stop when so called upon shall be guilty of an offence.

(1)

Without prejudice to any power of examining food or drugs conferred by this Part, the Authority or any public officer authorized in writing in that behalf by the Authority may give directions to the person in possession of any food or drug imported with a view to sale for human consumption or for use by man, as the case may be, prohibiting or restricting its removal or delivery— (Amended 78 of 1999 s. 7)

(2)

A person who fails to comply with any direction given under the provisions of subsection (1), or who, in a notification thereunder, knowingly makes any false statement, shall be guilty of an offence.

(1)

A person against whom proceedings are brought under this Part shall, upon information duly laid by him and on giving to the prosecution not less than 3 clear days’ notice of his intention, be entitled to have any person to whose act or default he alleges that the contravention of the provisions in question was due brought before the court in the proceedings, and, if, after the contravention has been proved, the original defendant proves that the contravention was due to the act or default of that other person, that other person may be convicted of the offence, and, if the original defendant further proves that he has used all due diligence to secure that the provisions in question were complied with, he shall be acquitted of the offence.

(2)

Where the defendant seeks to avail himself of the provisions of subsection (1)—

(3)

Where it appears to the Authority that an offence has been committed in respect of which proceedings might be taken under this Part against some person and the Authority is reasonably satisfied that the offence of which complaint is made was due to an act or default of some other person and that the first-mentioned person could establish a defence under subsection (1), the Authority may cause proceedings to be taken against that other person without first causing proceedings to be taken against the first-mentioned person, and, in any such proceedings, the defendant may be charged with, and, on proof that the contravention was due to his act or default, be convicted of, the offence with which the first-mentioned person might have been charged.

(4)

In proceedings instituted under the provisions of subsection (3), the information or complaint shall set out the facts and state that the Authority concerned is reasonably satisfied that the offence of which complaint is made was due to the act or default of the person against whom the proceedings are brought.

(1)

Subject to the provisions of this section, in any proceedings for an offence under this Part, being an offence consisting of selling, or offering, exposing or advertising for sale or having in possession for the purpose of sale, any article or substance, it shall be a defence for the defendant to prove—

(2)

A warranty shall only be a defence in proceedings under this Part if—

(3)

Where the defendant is a servant or agent of the person who purchased the article or substance under a warranty, he shall be entitled to rely on the provisions of this section in the same way as his employer or principal would have been entitled to do if he had been the defendant.

(4)

The person by whom the warranty is alleged to have been given shall be entitled to appear at the hearing and to give evidence, and the court may, if it thinks fit, adjourn the hearing to enable him to do so.

(5)

For the purposes of this section and of section 72, a name or description entered in an invoice shall be deemed to be a written warranty that the article or substance to which the entry refers can be sold or otherwise dealt with under that name or description by any person without contravening any of the provisions of this Part.

(1)

A defendant who in any proceedings under this Part wilfully applies to any article or substance a warranty or certificate of analysis given in relation to any other article or substance shall be guilty of an offence.

(2)

A person who, in respect of any article or substance sold by him, being an article or substance in respect of which a warranty might be pleaded under section 71, gives to the purchaser a false warranty in writing shall be guilty of an offence, unless he proves that when he gave the warranty he had reason to believe that the statements or description contained therein were accurate.

(1)

Where a person is convicted of an offence under this Part, the court may order that all expenses incidental to the taking of any sample or the making of any analysis or bacteriological or other examination of any food or drug in respect of which the conviction is obtained shall be paid by the person convicted. (Amended 59 of 1970 s. 4)

(2)

All such expenses shall be recoverable in the same manner as a fine is recoverable.

(1)

The Authority may, by order published in the Gazette, designate any premises as a public slaughterhouse. (Amended 9 of 1976 s. 7)

(2)

The abattoirs specified in Schedule 1 to the Abattoirs Regulation (Cap. 132 sub. leg. A) shall be deemed to have been designated as public slaughterhouses. (Amended 78 of 1999 s. 7)

(1)

The Authority may in relation to the slaughter of animals or birds for food for human consumption make regulations prescribing or providing for—

(2)

No regulation made under this section relating to any public slaughterhouse shall be so framed or construed as to deny to any religious community reasonable facilities for obtaining as food the flesh of animals or birds slaughtered by the method specially required by their religion.

(1)

The Authority may seize, and dispose of in such manner as it may think fit, the carcass, or any part of the carcass, of any animals received into a public slaughterhouse for the purpose of slaughter for food for human consumption which on examination is found to be diseased or unfit for human consumption, and no compensation shall be payable to the owner of such carcass or any such part of any such carcass.

(2)

Where, in pursuance of the provisions of subsection (1), any carcass or any part of any carcass is seized by the Authority, the Authority shall, before the same is disposed of, cause to be recorded—

(3)

If any person considers himself aggrieved by the seizure of any carcass or any part of any carcass under the provisions of subsection (1), he may, within 72 hours after such seizure was effected, complain to the court and the court may confirm or disallow the seizure, either wholly or in part, and shall, in the case of any seizure disallowed, or disallowed in part, order the Authority to restore the carcass, or part of the carcass, which has been seized, either as to the whole or as to such part in respect of which the seizure was disallowed, or, if the carcass or the part of the carcass in question has been disposed of or is no longer fit for human consumption, as the case may be, or is depreciated in value by reason of the seizure, order the Authority to pay by way of compensation such sum of money, not exceeding the market value of such carcass or such part of the carcass or the time of the seizure, as the court may, having regard to the circumstances, consider just.

(1)

This Ordinance shall apply to every market, being a market in which food is sold, which is declared by the Authority to be a market to which the Ordinance applies.

(2)

(Repealed 78 of 1999 s. 7)

(3)

The Authority may, by order published in the Gazette, designate as a public market any market to which the Ordinance applies.

(4)

The markets specified in the Tenth Schedule shall be deemed to have been designated as public markets.

(5)

The Authority may, by order published in the Gazette, amend, add to, or delete from, the Tenth Schedule.

(1)

The Authority may make regulations in relation to public markets and private markets prescribing or providing for—

(2)

The Authority may make regulations in relation to private markets prescribing or providing for—

(1)

The Authority may, in relation to a market, make rules which are not inconsistent with regulations made under section 80 to provide for the better control of persons in connection with the use of the market and to provide information relating to the use of the market. (Replaced 78 of 1999 s. 7)

(2)

Any person who fails to comply with any rule made under the provisions of this section shall be guilty of an offence.

(1)

Without prejudice to the provisions of section 59, where in any market it appears to any police officer or to any public officer authorized in that behalf by the Authority that any of the provisions of any regulation made under section 80 have been contravened in respect of any article or thing sold in such market or any furniture or paraphernalia used in such market, such police officer or such public officer may seize, carry away and detain at the owner’s risk such article or thing or such furniture or paraphernalia, whether or not the owner thereof is known or can be found: Provided that, in the case of any such article or thing which is perishable, the Commissioner of Police or the Authority, as the case may be, may cause the same to be sold or otherwise disposed of forthwith.

(2)

Where any article or thing or any furniture or paraphernalia is seized under the provisions of subsection (1), a notice, written in the Chinese language, declaring the seizure shall be posted in a conspicuous place in the market.

(3)

If, within 48 hours of the posting of such notice, the owner of such article, thing, furniture or paraphernalia makes a claim to the Authority for its return, the Authority shall, if it is satisfied that the claimant is the owner thereof and if the same is not detained or otherwise dealt with under the provisions of any other enactment or required as an exhibit in any proceedings, return such article, thing, furniture or paraphernalia to the claimant or, if it has been sold or otherwise disposed of under the provisions of the proviso to subsection (1), pay to the claimant such sum by way of compensation as it may consider just.

(4)

If no claim for the return of such article, thing, furniture or paraphernalia is made to the Authority within 48 hours of the posting of such notice, such article, thing, furniture or paraphernalia shall become the property of the Government and may be sold or otherwise disposed of in such manner as the Commissioner of Police or the Authority, as the case may be, shall direct: (Amended 29 of 1998 s. 105) Provided that— (a)nothing in this subsection shall be construed to prevent the immediate disposal of perishables under the provisions of the proviso to subsection (1); and (b)any person who considers himself aggrieved by such seizure may, within 7 days thereafter, complain to the court, and the court shall, if satisfied—(i)as to the title of the complainant; and(ii)that no such contravention occurred in respect of the article, thing, furniture or paraphernalia in respect of which the complaint is made, direct either that the same be returned to the complainant or, if it has been sold or otherwise disposed of, that such sum by way of compensation be paid to the complainant as it may consider just.

(1)

The Authority may make regulations for all or any of the following purposes—

(2)

Regulations made under subsection (1)(c) may—

(1)

No person shall hawk in any street except in accordance with a licence issued under regulations made under section 83A. (Replaced 28 of 1973 s. 2)

(2)

(Repealed 28 of 1973 s. 2)

(3)

Any person who contravenes subsection (1) shall be guilty of an offence. (Amended 28 of 1973 s. 2)

(4)

The Commissioner for Transport may from time to time, after consultation with the Authority and the Commissioner of Police, declare in writing that the whole or any part of a street may be set aside to be used for hawking purposes, and shall give notice of any such declaration—

(5)

On the requirements of subsection (4) being satisfied—

(6)

On making an order under subsection (5)(b), the Commissioner for Transport shall cause to be erected pursuant to the Road Traffic Ordinance (Cap. 374) at each entrance to the street appropriate signs indicating the closure in accordance with the order.

(7)

No action shall lie against the Government, the Commissioner for Transport, the Authority, or any public officer by reason only of the exercise of the powers conferred by this section. (Amended 59 of 2000 s. 3)

(8)

Where under subsection (4) only part of a street is set aside, every reference in this section to the street (街道) shall be construed as meaning the part of the street so set aside.

(1)

Any public officer authorized in writing in that behalf by the Authority may arrest without warrant any person whom he may reasonably suspect of being guilty of any scheduled offence.

(2)

If any person forcibly resists the endeavour of any such officer to arrest him or attempts to evade the arrest, such officer may use all means necessary to effect the arrest.

(3)

If any such officer who is in pursuit of any person to be arrested has reason to believe that such person has entered into or is in any place, the person residing in or in charge of such place shall on demand of such officer allow him free ingress thereto and afford reasonable facilities for search therein for such person.

(4)

The Chief Executive in Council may by order amend, or add any enactment to or delete any enactment from, the First Schedule. (Amended 59 of 2000 s. 3)

(1)

Any person (hereinafter referred to as an arrested person) who is arrested under section 84(1) by a public officer shall forthwith be taken to the nearest police station or given into the custody of a police officer. (Amended 77 of 1979 s. 2)

(2)

Whenever an arrested person is brought to the police station the provisions of section 52 of the Police Force Ordinance (Cap. 232) shall apply.

(3)

(Repealed 77 of 1979 s. 2)

(4)

Whenever an arrested person is given into the custody of a police officer, the provisions of sections 51 and 52 of the Police Force Ordinance (Cap. 232) shall apply.

(1)

A public officer authorized in writing by the Authority for the purposes of this section or a police officer may seize any equipment or commodity in respect of which he has reason to believe that a hawker offence has been committed, and may cause such equipment or commodity to be removed to and kept at the risk of its owner at a Government depot or police station, or any other place approved by the Authority, pending its disposal under this Part. (Amended 28 of 1973 s. 3)

(2)

Any commodity of a perishable nature seized under subsection (1) may immediately be disposed of by the Commissioner of Police or the Authority, as the case may be.

(3)

Where any equipment or commodity has been seized under subsection (1) and a claim is made in respect of the equipment or commodity within 48 hours after the date of the seizure, the Commissioner of Police or the Authority, as the case may be, unless an information is laid within 72 hours after the date of the seizure for a hawker offence in respect of the equipment or commodity, shall, if satisfied that the claimant was entitled to the possession of the equipment or commodity at the time of the seizure—

(4)

Where a claim under subsection (3) is refused, the claimant shall be informed of his rights under section 86C.

(5)

Where an information is laid within 72 hours after the date of seizure for an offence in respect of any equipment or commodity seized under subsection (1), the equipment or commodity, or, in the case of a perishable commodity that has been disposed of under subsection (2) by way of sale, the proceeds of sale, shall be retained pending disposal under section 86A.

(1)

Where any person is convicted of a hawker offence in respect of any equipment or commodity seized under section 86(1), the informant shall inform the court of the seizure and thereupon the court shall, in addition to any other penalty—

(2)

Where—

the court shall, if it is satisfied that the person was lawfully entitled to possession of the equipment or commodity at the time of the seizure, order that it be returned to him or, in the case of a perishable commodity disposed of under section 86(2), assess the value of the commodity and order that the amount of that value be paid to him.

(3)

If the court is not so satisfied, it may, on the application of any other person claiming to be entitled to the equipment or commodity or of its own motion, make such other order as it thinks fit disposing of the equipment or commodity, or, in the case of a perishable commodity disposed of by way of sale, the proceeds of sale.

(1)

A public officer authorized in writing by the Authority for the purposes of this section or a police officer may seize any equipment or commodity found in a public place which he has reason to believe has been abandoned by a hawker in circumstances not appearing to him to involve the commission of a hawker offence, and may cause such equipment or commodity to be removed to and kept at the risk of its owner at a Government depot or police station, or any other place approved by the Authority, pending its disposal under this Part. (Amended 28 of 1973 s. 4)

(2)

Any commodity of a perishable nature seized under subsection (1) may immediately be disposed of by the Commissioner of Police or the Authority, as the case may be.

(3)

Where any equipment or commodity has been seized under subsection (1) and a claim is made in respect of the equipment or commodity within 48 hours after the date of the seizure, the Commissioner of Police or the Authority, as the case may be, shall, if satisfied that the claimant was entitled to the possession of the equipment or commodity at the time of the seizure and was not guilty of an offence in respect of it—

(4)

Where a claim under subsection (3) is refused, the claimant shall be informed of his rights under section 86C.

(1)

Where a claim in respect of any equipment or commodity is made under section 86 or 86B within the permitted time and—

an application may be made within 14 days of the refusal or payment to a court for an order for the return of the equipment or commodity or, in the case of a commodity disposed of under section 86(2) or 86B(2), for an assessment of the value of the commodity and for an order for the payment of the amount of that value or, as the case may be, the difference between the amount already paid and the amount of the value.

(2)

Where an application is made under subsection (1), the court may, after first having given the person refusing the claim under section 86 or 86B an opportunity of being heard, make the order sought if it is satisfied that the applicant at the time of the seizure—

(3)

If the court makes the order sought, it may award to the applicant such sum against the Government by way of costs as it thinks fair and reasonable. (Amended 59 of 2000 s. 3)

(4)

If the court does not make the order sought, it may, of its own motion, make such other order as it thinks fit disposing of the equipment or commodity, or, in the case of a perishable commodity disposed of by way of sale, the proceeds of sale.

(1)

In this Part—

business (業務) has the meaning given by section 2(1) of the Business Registration Ordinance (Cap. 310); public place (公眾地方) has the meaning given by section 2(1) of the Summary Offences Ordinance (Cap. 228); shop (店鋪) means any premises used for carrying on a business.

(2)

In this Part, a reference to an article includes—

(3)

In this Part, a reference to a person concerned in a business carried on in a shop is a reference to—

(1)

If a public officer authorized under subsection (6) has reason to believe that an offence is being committed or has been committed under section 86F in respect of a business carried on in a shop, the officer may require—

to remove the article concerned from the public place within a period specified by the officer.

(2)

In either of the following situations, the Authority may remove, seize or detain the article concerned—

(3)

No claim may be made 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 the removal, seizure or detention of an article, in good faith, under subsection (2).

(4)

The cost of the removal, seizure or detention of an article under subsection (2) may be recovered from—

as a civil debt due to the Government.

(5)

For the purposes of subsection (4), if the person from whom the cost may be recovered under that subsection consists of 2 or more persons, all of them are jointly and severally liable for the cost.

(6)

The Authority may in writing authorize a public officer for the purposes of subsection (1).

(1)

If a power under section 86G(2) has been exercised in respect of an article, the Authority may forfeit the article to the Government so long as no claim is made for its return—

(2)

If any article has been seized under section 86G(2) and a person (claimant) makes a claim in respect of the article within the period specified in subsection (1)(a) or (b) (whichever is applicable), the Authority is to, if satisfied that the claimant was entitled to the possession of the article at the time of the seizure, return the article to the claimant.

(1)

No person shall conduct or open or keep open any place for the purpose of any activity specified in the Eleventh Schedule except under and in accordance with a licence issued by the Authority or a public officer authorized by the Authority for the purposes of this section. (Amended 53 of 1988 s. 4; 78 of 1999 s. 7)

(2) For the purposes of subsection (1) place (地方), in relation to a billiard establishment, does not include premises used wholly for residential purposes and constituting a separate household unit to which only persons residing in the premises and their guests are admitted and where no fee is charged for the playing of billiards, snooker, pool or similar games. (Added 53 of 1988 s. 4)

(1)

Any person who—

shall be guilty of an offence. (Amended 9 of 1976 s. 9)

(2)

Any person who contravenes section 92A or 92AB shall be guilty of an offence. (Added 9 of 1976 s. 9. Amended 78 of 1999 s. 7)

(1)

Save as provided in subsection (2) and section 101, where, in the opinion of the Authority, any scheduled premises do not have adequate natural ventilation, the Authority may, by notice in writing served on the owner or on the licensee of the scheduled premises, require such premises to be provided with a ventilating system which will provide for each person who may be accommodated in such premises an amount of outside air not less than that specified in the second column of the Second Schedule in respect of the class of premises to which such premises belong. (Amended 32 of 1963 s. 7)

(2)

Where, in the opinion of the Authority, a ventilating system which will provide an amount of air less than that prescribed in subsection (1) will, in conjunction with such natural ventilation as is available in any scheduled premises, adequately ventilate such premises, the Authority may, by notice in writing served on the owner or on the licensee of the scheduled premises, require such premises to be provided with a ventilating system which will provide for each person who may be accommodated in such premises such amount of outside air as may be specified in such notice. (Amended 32 of 1963 s. 7)

(3)

Notwithstanding the provisions of any enactment under which such premises are licensed, the licensing authority may revoke the licence issued or granted by it in respect of any scheduled premises, either temporarily or permanently, in the following cases—

(4)

Any licensee or owner of any scheduled premises who fails to comply with the requirements of a notice under subsection (1) or (2) within 6 months from the date thereof, or within such further period as the Authority may allow, shall be guilty of an offence. (Added 61 of 1974 s. 5)

(5) For the purposes of this Part, the expression licensing authority (發牌當局) means the public officer by whom any scheduled premises are, for the time being, licensed under the provisions of any enactment. (Added 61 of 1974 s. 5. Amended 78 of 1999 s. 7)

(1)

Before any new ventilating system is installed in any scheduled premises, the licensee of the premises shall send to the Authority a certificate from the supplier of the ventilating system containing the following particulars in respect thereof—

(2)

Save with the permission in writing of the Authority, no alteration shall be made to any ventilating system in any scheduled premises.

(3)

Any supplier who furnishes to the licensee of any such premises, for the purposes of this section, a certificate which is false or misleading shall be guilty of an offence. (Replaced 32 of 1963 s. 8)

(3A)

Any licensee of any scheduled premises who contravenes the provisions of subsection (1) shall be guilty of an offence. (Added 61 of 1974 s. 6)

(3B)

Any licensee or owner of any scheduled premises who contravenes the provisions of subsection (2) shall be guilty of an offence. (Added 61 of 1974 s. 6)

(3C) For the purposes of subsection (3B), owner (擁有人) includes any person in control of the scheduled premises whether as tenant thereof or under any licence from a tenant thereof. (Added 61 of 1974 s. 6)

(4) In this section, supplier (供應商) means the importer or manufacturer of the ventilation system and his authorized agent. (Added 32 of 1963 s. 8)

(1)

The Authority may make regulations for all or any of the following matters—

(2)

Notwithstanding the provisions of any enactment under which such premises are licensed, regulations made under this section may make provision for the revocation of any licence, issued or granted by a licensing authority in respect of scheduled premises, in the event of—

(1)

Where, at the commencement of this Ordinance, any scheduled premises are provided with a ventilating system, the provisions of section 93 and any regulations made under section 94A shall not apply to such premises unless and until—

(2)

Upon the application of section 93 and any regulations made under section 94A to any such premises, the Authority may, subject to such conditions as it may specify, grant such exemption from or such modifications of the provisions of this Part as it thinks fit. (Amended 61 of 1974 s. 9)

(3)

Any licensee or owner of any scheduled premises who fails to comply with any condition specified under subsection (2) shall be guilty of an offence. (Added 61 of 1974 s. 9)

(1)

Without prejudice to any other enactment relating to advertisements, decorations or signs, the Authority may make regulations restricting, regulating or prohibiting the exhibition of advertisements, decorations or signs of any kind whatsoever, and, in particular, may make regulations restricting, regulating or prohibiting the exhibition thereof in such places or in such manner or by such means as, in the opinion of the Authority, may affect injuriously or disfigure—

(2)

Regulations made under this section may, in addition to any penalties prescribed, provide for the removal and disposal of any advertisement, decoration or sign exhibited in contravention of any regulation made under subsection (1) and for the recovery of any expenses incurred thereby.

(3)

Regulations made under this section may be of general application or may be restricted to certain areas or to certain types or classes of advertisements, decorations or signs:Provided that, where the application of any such regulation is restricted to certain areas only, such areas shall be distinctly marked and shown on plans signed by or on behalf of the Authority and deposited in the offices of the Authority, and such plans shall at all reasonable times thereafter be open for inspection by the public without charge.

(1)

No bill or poster shall be displayed or affixed—

(2)

A person displaying or affixing a bill or poster in contravention of subsection (1) commits an offence.

(1)

Where a bill or poster is displayed on any private land or on any Government land, the bill or poster shall be maintained in a clean and tidy condition to the reasonable satisfaction of the Authority. (Amended 29 of 1998 s. 105)

(2)

A person displaying a bill or poster in contravention of subsection (1) commits an offence.

(3)

A person prosecuted for an offence under this section shall not be convicted of that offence unless prior to the commencement of the prosecution the Authority served on him a notice in writing informing him of the condition of the bill or poster and warning him that unless the bill or poster is removed within the period specified in the notice (being not less than 24 hours) he may be liable to be prosecuted.

(1)

Where—

the Authority may remove the bill or poster and may recover the cost of removal from the person displaying the bill or poster as a civil debt.

(2)

Where any person is convicted of an offence under section 104A(1) or 104B(1) the court by whom that person is convicted may order him to pay, in addition to or in lieu of any penalty for which he is liable for that offence, the cost or estimated cost of removing the bill or poster in respect of which the offence was committed.

(3)

Where a bill or poster to which subsection (1)(a) or (b) applies is displayed on private land, nothing in this section shall derogate from any cause of action or remedy which the owner or occupier of that land may be able to enforce against the person who displays the bill or poster.

(4)

If a bill or poster to which subsection (1)(a) or (b) applies is displayed, the Authority’s power exercisable under subsection (1) includes the power to remove the display equipment for the bill or poster. (Added 13 of 2025 s. 7)

(5)

If—

the Authority may forfeit it to the Government and may dispose of it. (Added 13 of 2025 s. 7)

(6)

No claim may be made 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 the removal of a bill, poster or display equipment, in good faith, under this section. (Added 13 of 2025 s. 7)

(1)

Where a person commits an offence against section 104A(1) the following persons shall be guilty of that offence in the same manner and to the same extent as if they had personally committed it—

Provided that a person referred to in paragraphs (a) and (b) shall not be guilty of an offence under section 104A(1) by reason only that he uses the person to display or affix the bill or poster or that his goods, trade, business or other concerns are given publicity by the bill or poster, if he proves that it was displayed or affixed without his knowledge or consent.

(2)

For the purposes of sections 104B and 104C a person shall be deemed to display a bill or poster if—

Provided that a person shall not be guilty of an offence under section 104B or be liable for the cost of removal under section 104C by reason only that the bill or poster is displayed on land of which he is the owner or occupier, or that his goods, trade, business or other concerns are given publicity by the bill or poster, if he proves that it was displayed without his knowledge or consent.

(1) In sections 104A, 104B and 104C Authority (主管當局) means— (a)(Repealed 23 of 2002 s. 86) (b)during the Concession Period within the meaning of section 2(1) of the Mass Transit Railway Ordinance (Cap. 556) and in respect of any land belonging to the Kowloon-Canton Railway Corporation which the MTR Corporation Limited has the right to have access to, use or possess during the Concession Period, the MTR Corporation Limited; (Replaced 11 of 2007 s. 36) (ba)at any time outside the Concession Period referred to in paragraph (b) and in respect of any land belonging to the Kowloon-Canton Railway Corporation, the Kowloon-Canton Railway Corporation; (Added 11 of 2007 s. 36) (c)in respect of any land managed or controlled by the Housing Authority established by the Housing Ordinance (Cap. 283), the Housing Authority; (d)in respect of any land within a country park or special area as defined in the Country Parks Ordinance (Cap. 208), the Director of Agriculture, Fisheries and Conservation; (Amended L.N. 331 of 1999) (e)in respect of any public cargo working area as defined in the Port Control (Public Cargo Working Area) (Consolidation) Order (Cap. 81 sub. leg. B) and in respect of any land within the boundaries of any ferry terminal declared under regulation 3 of the Shipping and Port Control (Ferry Terminals) Regulations (Cap. 313 sub. leg. H), the Director of Marine; (Replaced 10 of 1986 s. 10. Amended 64 of 1999 s. 3) (f)in respect of any land, whether private land or Government land, not being land referred to in paragraph (b), (c), (d) or (e), the Director of Food and Environmental Hygiene. (Replaced 78 of 1999 s. 7. Amended 23 of 2002 s. 86) (g)(Repealed 78 of 1999 s. 7)

(2) In sections 104A, 104B, 104C, 104D and in this section, land (土地) includes— (a)any building or other erection on land, whether a fixture or not; (b)any tree, rock or other natural part of land; and (c)land covered by water.

(3) In sections 104A, 104C and 104D occupier (佔用人) means any lessee, principal tenant or other person having direct control of the land.

(3A)

In section 104C and in this section—

display equipment (展示設備), in relation to a bill or poster that is displayed, means any structure, apparatus or hoarding used for the display. (Added 13 of 2025 s. 8)

(4) In this Part, bill or poster (招貼或海報) includes any word, letter, model, sign, placard, board, notice, device or representation and also includes any advertisement painted on any wall, fence, railing, post, rock, road-cutting or tree but does not include any display equipment for a bill or poster. (Amended 13 of 2025 s. 8)

(5)

Nothing in this Part, or in any permission granted under section 104A, shall operate so as to affect any obligation or liability imposed or incurred under any other enactment in relation to the display of any bill or poster.

(1)

Where, in the opinion of the Authority, any hoarding, scaffolding or other structure erected solely for the purpose of exhibiting advertisements is dangerous, or is likely to become dangerous, by reason of its construction, wind, rain, dilapidation, its age or other cause, the Authority shall cause a notice to be served upon the owner of such hoarding, scaffolding or other structure, or upon his servant or agent, requiring him, within such reasonable period as shall be specified in the notice, to remove such hoarding, scaffolding or other structure or to do such work as may be specified in the notice to render the same safe. (Replaced 11 of 1989 s. 2)

(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, within the time specified therein—

(3)

Where—

the Authority may forthwith, whether or not a notice has been served under subsection (1), remove it or render it safe. (Replaced 11 of 1989 s. 2)

(4)

Where any hoarding, scaffolding or structure is removed by the Authority under the provisions of subsection (3), the Authority may dispose of any materials so removed and may recover any expenses incurred in the removal of the hoarding, scaffolding or structure and in the disposal of the materials from the owner or such hoarding, scaffolding or structure or, where the owner thereof is unknown to, or cannot be readily found or ascertained by the Authority or is absent from Hong Kong, the Authority may sell the materials and, after deducting from the proceeds of such sale such expenses, shall pay the surplus, if any, into the Treasury. (Amended 71 of 1971 s. 3; 10 of 1986 s. 24; 11 of 1989 s. 2)

(5)

Any money paid into the Treasury in pursuance of subsection (4) which remains unclaimed for a period of 5 years shall be transferred to the general revenue of Hong Kong. (Added 71 of 1971 s. 3. Amended 10 of 1986 s. 24)

(1)

The Authority may by order published in the Gazette set aside any premises for use as a stadium.

(2)

The premises specified in the Twelfth Schedule shall be deemed to have been set aside under subsection (1) for use as a stadium.

(3)

The Authority shall, as soon as practicable, arrange for the preparation by the Director of Buildings and Lands of a plan of every stadium. (Amended L.N. 76 of 1982; L.N. 94 of 1986)

(4)

Every plan prepared in accordance with subsection (3) shall be deposited in the Land Registry. (Amended 8 of 1993 s. 2; 20 of 2002 s. 5)

(5)

The Authority may, by order published in the Gazette, amend, add to or delete from, the Twelfth Schedule.

(1)

Subject to section 105F, the management and control of any stadium and the right to provide therein facilities of any kind shall be vested in the Authority.

(2)

The Authority may enter into contracts for the purpose of the management of any stadium and the provision of facilities therein.

(3)

The Authority may specify the purposes for which any stadium, or any part thereof, may be used.

(1)

The Authority may grant to any person the exclusive use of any stadium or any part thereof for such purposes and at such times as the Authority may approve in each case.

(2)

The person to whom the exclusive use of any stadium has been granted under subsection (1) shall determine—

(1)

The management and control of every museum and the right to provide therein facilities of any kind shall be vested in the Authority.

(2)

The Authority may enter into contracts for the purpose of the management of any museum and the provision of facilities therein.

(3)

The Authority may specify the purposes for which any museum, or any part thereof, may be used.

(1)

The Authority may, by order published in the Gazette, designate any building, or part of a building, as a library. (Amended 9 of 1976 s. 10)

(2)

The management and control of every library shall be vested in the Authority.

(3)

The Authority may establish and maintain mobile libraries for the use of the public.

(4)

The Authority may set aside and use any part of a library for the purposes of study or research, the holding of classes or exhibitions, the viewing or hearing of library material, or for other like purposes of an educational or cultural nature, and in connection therewith may provide the requisite equipment and facilities. (Added 50 of 1979 s. 3)

(1)

The Authority may make regulations for any of the following purposes—

(2)

(Repealed 78 of 1999 s. 7)

(3)

Nothing in this section shall be taken to authorize the infringement of copyright in any library material.

(4) For the purposes of this section and any regulations made hereunder, unless the context otherwise requires, the expression library (圖書館) includes a mobile library.

(1)

The Authority may, by order published in the Gazette, set aside any premises and the grounds appurtenant thereto for use as a civic centre.

(2)

The premises specified in the Thirteenth Schedule shall be deemed to have been set aside under subsection (1) for use as a civic centre.

(3)

The Authority shall, as soon as practicable, arrange for the preparation by the Director of Buildings and Lands of a plan of every civic centre and the grounds appurtenant thereto. (Amended L.N. 76 of 1982; L.N. 94 of 1986)

(4)

Every plan prepared in accordance with subsection (3) shall be deposited in the Land Registry. (Amended 8 of 1993 s. 2; 20 of 2002 s. 5)

(5)

The Authority may, by order published in the Gazette, amend, add to or delete from, the Thirteenth Schedule.

(1)

The management and control of every civic centre and the right to provide therein facilities of any kind shall be vested in the Authority.

(2)

The Authority may enter into contracts for the purpose of the management of any civic centre and the provision of facilities therein.

(3)

The Authority may specify the purposes for which any civic centre, or any part thereof, may be used.

(1)

The Authority may, from time to time, by order set aside places for use as public pleasure grounds, and may by the same or any subsequent order specify the purpose for which such grounds or any part thereof shall be used.

(2)

The places specified in the Fourth Schedule shall be deemed to have been set aside under the provisions of subsection (1) for use as public pleasure grounds.

(3)

The Authority shall, as soon as practicable, prepare a plan of every public pleasure ground.

(4)

Where the boundaries of any public pleasure ground are so varied, or such pleasure ground is otherwise so changed, as to render any plan deposited in accordance with the provisions of subsection (5) no longer accurate, the Authority shall withdraw the plan so deposited and shall, as soon as practicable, prepare an amended plan or a new plan of such pleasure ground.

(5)

Every plan prepared in accordance with the provisions of subsection (3) or (4) shall be deposited in the Land Registry. (Amended 8 of 1993 s. 2; 20 of 2002 s. 5)

(6)

The Authority may by order amend, or add to or delete from, the Fourth Schedule.

(1)

The general management and control of public pleasure grounds, including the exclusive right to provide amenities of any kind, shall be vested in the Authority.

(2)

The Authority may provide and demarcate public pleasure grounds for the conduct of games, sports and leisure activities and make such provision for other facilities for physical and other recreation as it may consider fit. (Amended 78 of 1999 s. 7)

(3)

Subject to the provisions of section 106(1) and of subsection (4) the Authority may, from time to time, specify the purpose for which any public pleasure ground or any part of any such ground may be used, whether for the provision of facilities for physical or other recreation or otherwise.

(4)

The Chief Executive, where he considers it necessary or desirable, may require the Authority to refrain from using, or permitting the use of, any public pleasure grounds or any part of any public pleasure grounds for any purposes which may have been specified by it under the provisions of subsection (3). (Amended 59 of 2000 s. 3)

(1)

The Authority may, from time to time and for any purpose, temporarily close to the public the whole or any part of any public pleasure ground.

(2)

The Authority may, on the application of any school, club or association or of any individual person, allocate to the same, either gratuitously or on payment of a fee and on such days or for such periods as may be specified, the exclusive use of—

(1)

The Authority may, in relation to a public pleasure ground, make rules which are not inconsistent with regulations made under section 109 to provide for the better control of persons in connection with the use of the public pleasure ground and to provide information relating to the use of the public pleasure ground. (Replaced 78 of 1999 s. 7)

(2)

Any person who fails to comply with any rule made under the provisions of subsection (1) shall be guilty of an offence.

(1)

The Authority may appoint keepers for public pleasure grounds.

(2)

Where any person is found by a keeper of any public pleasure ground to be contravening the provisions of any regulation, rule or order relating to such public pleasure ground, such keeper may arrest such person and deliver him into the custody of a police officer or take him to the nearest police station, whereupon the provisions of sections 51 and 52 of the Police Force Ordinance (Cap. 232) or of section 52 of that Ordinance, as the case may be, shall apply.

(1)

Subject to subsection (2), a person may propose—

by notice in writing sent to the Authority.

(2)

No person other than the owner of the land that is held under or by virtue of a Government lease and on which the private street is situated may make a proposal under subsection (1) in connection with that private street. (Amended 29 of 1998 s. 105)

(3)

The Authority shall, after the receipt of a proposal under subsection (1), consider the application and shall—

(4)

Where the Authority under subsection (3) has refused to make a declaration, the Authority shall serve notice of its decision, setting out reasons for its decision, upon the person who made application under subsection (1).

(5)

A person on whom a notice under subsection (4) is served may, within 30 days of the date of the notice, appeal to the Municipal Services Appeals Board against the decision of the Authority. (Replaced 78 of 1999 s. 7)

(1)

Notwithstanding section 111B, the Authority, by declaration in the Gazette, may—

(2)

The Authority shall, not less than 30 days prior to a declaration under subsection (1)(b), give notice of its intention to change the street name.

(3)

A notice under subsection (2) shall—

(4)

A person may, within 30 days of the date of publication in the Gazette of the notice under subsection (2), object, in writing to the Authority, against the proposed declaration under subsection (1)(b).

(5)

The Authority shall consider an objection under subsection (4) and shall, before a declaration is made under subsection (1)(b), serve notice of its decision, setting out reasons for its decision, upon the person who made an objection.

(6)

A person on whom a notice under subsection (5) is served may, within 30 days of the date of the notice, appeal to the Municipal Services Appeals Board against the decision of the Authority. (Replaced 78 of 1999 s. 7)

(1)

Any person who keeps, or causes or permits to be kept, for a longer period than 48 hours the dead body of any person in premises used for the purpose of human habitation shall, unless such dead body is encoffined in a hermetically sealed coffin, be guilty of an offence.

(2)

Any person who, without the permission in writing of the Authority, keeps, or causes or permits to be kept, for a longer period than 7 days (inclusive of the period of 48 hours referred to in subsection (1)) any encoffined dead body, notwithstanding that the coffin be hermetically sealed, in any premises used for the purpose of human habitation shall be guilty of an offence.

(1)

The Authority may—

(2)

The Authority may take possession of any human remains and arrange for their disposal in any manner it may think fit, if it is satisfied that—

(3)

Any person who—

shall be guilty of an offence.

(4) For the purposes of this section, human remains (人類遺骸) does not include skeletal remains.

(5)

Nothing in this section shall derogate from any provision in any enactment which permits the use of any human remains or the removal and use of part of any human remains for therapeutic purposes or for purposes of medical education or research.

(1)

The places specified in Part 1 of the Fifth Schedule shall be places set apart for use as public cemeteries. (Amended 18 of 2014 s. 157)

(2)

The places specified in Part 2 of the Fifth Schedule shall be places set apart for use as private cemeteries. (Amended 18 of 2014 s. 157)

(2AA)

A columbarium, as defined by section 113A(1), that is under the management and control of a person specified in Part 2A of the Fifth Schedule is a private cemetery. (Added 8 of 2017 s. 124)

(2A)

The places specified in Part 4A of the Fifth Schedule shall be places set apart for use by The Commonwealth War Graves Commission as Commonwealth War Graves Commission Cemeteries. (Added 69 of 1976 s. 2. Amended 12 of 1994 s. 3)

(3)

The Chief Executive in Council may by order amend, or add any cemetery to or delete any cemetery from, the Fifth Schedule (except its Part 2A). (Amended 59 of 2000 s. 3; 8 of 2017 s. 124)

(4)

The Chief Executive in Council may by order amend, or add a person to, or delete a person from, Part 2A of the Fifth Schedule. (Added 8 of 2017 s. 124)

(1)

In this section—

ashes (骨灰) has the same meaning as it has in section 2(1) of the Private Columbaria Ordinance (Cap. 630); (Amended E.R. 4 of 2017) columbarium (骨灰安置所), subject to subsection (6), has the same meaning as it has in section 2(1) of the Private Columbaria Ordinance (Cap. 630); (Amended E.R. 4 of 2017) inter (安放) has the same meaning as it has in section 2(1) of the Private Columbaria Ordinance (Cap. 630); (Amended E.R. 4 of 2017) interment right (安放權) has the same meaning as it has in section 2(1) of the Private Columbaria Ordinance (Cap. 630); (Amended E.R. 4 of 2017) specified person (指明人士) means a person specified in Part 2A of the Fifth Schedule.

(2)

No ashes may be interred in a columbarium that is under the management and control of a specified person, nor may an interment right in respect of the columbarium be sold, unless—

(3)

The Authority must, by notice in the Gazette, publish the information within 3 months after receiving it.

(4)

The notice is not subsidiary legislation.

(5)

A specified person must provide to the Authority, on request, a list setting out the name, location and other particulars of each columbarium that is under the specified person’s management and control.

(6)

This section does not apply to a columbarium in a private cemetery specified in Part 2 of the Fifth Schedule.

(1)

The Authority shall, as soon as practicable, prepare a plan of every cemetery and mark the boundaries thereof in such manner as it may think fit.

(2)

Subject to subsection (2A), where the boundaries of any cemetery are so varied, or any cemetery is otherwise so changed, as to render any plan deposited in accordance with the provisions of subsection (3) no longer accurate, the Authority shall withdraw the plan so deposited and shall, as soon as practicable, prepare an amended plan or a new plan of such cemetery and, where necessary, further mark the boundaries thereof in such manner as it may think fit. (Amended 12 of 1994 s. 4)

(2A)

The Authority shall, before exercising any power conferred on it under subsection (2) in relation to a Commonwealth War Graves Commission Cemetery, consult with The Commonwealth War Graves Commission. (Added 12 of 1994 s. 4)

(3)

Every plan prepared in accordance with the provisions of subsection (1) or (2) shall be deposited in the Land Registry. (Amended 8 of 1993 s. 2; 20 of 2002 s. 5)

(1)

The general management and control of public cemeteries shall be vested in the Authority. (Amended 69 of 1976 s. 3; 12 of 1994 s. 5)

(1A)

The general management and control of Commonwealth War Graves Commission Cemeteries shall be vested in The Commonwealth War Graves Commission. (Added 12 of 1994 s. 5)

(2)

The Authority may by notification in the Gazette declare any public cemetery, or any part of such a cemetery, to be closed. (Replaced 69 of 1976 s. 3. Amended 12 of 1994 s. 5)

(3)

Any person who buries, or causes or permits to be buried, any human remains, or deposits, or causes or permits to be deposited, any urn containing any human remains, in any cemetery or any part of any cemetery which has been declared to be closed under the provisions of subsection (2) shall be guilty of an offence.

(1)

Notwithstanding anything contained in any deed of appropriation, deed of grant or other instrument relating to any cemetery, the Authority may make regulations prescribing or providing for—

(2)

In addition to the purposes specified in subsection (1), the Authority may in relation to any public cemetery make regulations prescribing or providing for—

(3)

Regulations made under subsection (1) shall not apply in relation to any Commonwealth War Graves Commission Cemetery. (Added 12 of 1994 s. 6)

(1)

The Authority may, in relation to a public cemetery or Commonwealth War Graves Commission Cemetery, make rules which are not inconsistent with regulations made under section 116 to provide for the better control of persons in connection with the use of the cemetery or Cemetery and to provide information relating to the use of the cemetery or Cemetery. (Replaced 78 of 1999 s. 7)

(2)

Any person who fails to comply with any rule made under subsection (1) shall be guilty of an offence.

(1)

Any person who, without the permission in writing of the Authority, buries any human remains, or deposits any urn or other receptacle containing any human remains, or scatters the ashes of any human remains after cremation, otherwise than in a cemetery, shall be guilty of an offence.

(2)

Save in accordance with the provisions of this Part, any person who, without the permission in writing of the Authority, exhumes any human remains or any part of any human remains or any article interred therewith, or removes any human remains, or any part of any human remains, or any article from any urn or other receptacle, or removes or carries away any urn or other receptacle containing any human remains from any place, shall be guilty of an offence.

(3)

No permission under subsection (1) or (2) shall be granted to any person other than the legal personal representative or next of kin of the person whose remains are to be buried, deposited, exhumed or removed, as the case may be, or the duly authorized agent of such legal personal representative or next of kin, or failing any such legal personal representative or next of kin or any such agent thereof, a person who, in the opinion of the Authority, has a proper interest in the disposal of the human remains in respect of which such permission is granted:Provided that the Authority may permit the removal of any human remains from one part of a private cemetery to another part of such private cemetery at the request of the management of such cemetery.

(4)

Subject to subsection (4A), any human remains buried, or any urn or other receptacle containing any human remains deposited, otherwise than in accordance with the provisions of subsection (1) or of the provisions of section 119, outside a cemetery may be removed by the Authority and buried or deposited inside a cemetery or otherwise disposed of in such decent manner as the Authority may think fit: (Amended L.N. 18 of 1983; 12 of 1994 s. 7)Provided that the consent of the Secretary for Home and Youth Affairs shall be obtained before such remains are, or such urn or other receptacle is, removed. (Replaced L.N. 18 of 1983. Amended L.N. 262 of 1989; L.N. 144 of 2022)

(4A)

The consent of The Commonwealth War Graves Commission shall be obtained before any remains are buried, or any urn or other receptacle is deposited, pursuant to subsection (4) inside a Commonwealth War Graves Commission Cemetery. (Added 12 of 1994 s. 7)

(5)

(Repealed 49 of 1994 s. 30)

(1)

Notwithstanding anything contained in the other provisions of this Part but subject to subsection (2), the Chief Executive in Council may by order direct the removal of any human remains from any grave, urn or other receptacle or of any urn or other receptacle containing any human remains, whether situated within or without a cemetery, and may direct the disposal thereof in such decent manner as he may think fit: (Amended 12 of 1994 s. 8) Provided that no such order shall be made until 1 month’s notice of intention to make such order has been published in the Gazette.

(2)

No order shall be made under subsection (1) in relation to any Commonwealth War Graves Commission Cemetery—

(1)

Where any body, or part of any body, has been exhumed under section 7 of the Coroners Ordinance (Cap. 504), the Authority shall provide for the reburial or other disposal of such body in such manner as it may think fit. (Amended 12 of 1994 s. 9; 27 of 1997 s. 64)

(2)

The consent of The Commonwealth War Graves Commission shall be obtained before any body, or any part of any body, is reburied or otherwise disposed of under subsection (1) inside a Commonwealth War Graves Commission Cemetery. (Added 12 of 1994 s. 9)

(1)

The Authority may make regulations in relation to mortuaries prescribing or providing for—

(2)

Regulations made under subsection (1) may be of general application or limited to any class or type of mortuary or to any place, district or area.

(1)

Where a person who has the right to effect the disposal of the human remains of any person—

the right to effect the disposal of the human remains shall vest in the Authority, and the Authority may arrange for the disposal of them in any manner it may think fit. (Replaced 48 of 1969 s. 9)

(2)

Any person who knowingly disposes of the human remains, or any part of the human remains, of any person from any mortuary otherwise than in accordance with a claim made by a person having a right to make the same or in accordance with a direction, or with the consent, of the Authority shall be guilty of an offence: Provided that nothing in this subsection shall make it an offence to transfer the human remains of a person into a mortuary belonging to the Government from a mortuary not so belonging.

(1)

The places specified in Part 5 of the Fifth Schedule shall be Government crematoria.

(2)

The places specified in Part 6 of the Fifth Schedule shall be authorized private crematoria.

(3)

The places specified in Part 7 of the Fifth Schedule shall be Gardens of Remembrance.

(4)

The Authority may, by order published in the Gazette, amend, add to or delete from Parts 5, 6 and 7 of the Fifth Schedule. (Amended 9 of 1976 s. 13)

(1)

Where application is made under section 124C(c) for the permission of the Authority to use for the burning of human remains any building or place nearer to any dwelling house than 200 m or within 50 m of any public highway, or application is made for the permission of the Authority to add any facility which is directly related to the burning of human remains in a building or place referred to in section 124C(b) or (c) the Authority shall cause notice of the application specifying the site and facility to be published, at the expense of the applicant, in English and Chinese in 3 successive numbers of the Gazette. (Amended L.N. 89 of 1979)

(1A)

Where the Authority intends to add any facility which is directly related to the burning of human remains in an existing government crematorium, the Authority shall cause notice of such decision, specifying the site and facility to be added, to be published in English and Chinese in 3 successive numbers of the Gazette. (Added 78 of 1999 s. 7)

(2)

If any person objects to the grant of permission or to the addition, in any case to which subsection (1) or (1A) is applicable, objection must be sent in writing to the Authority to reach its office not later than 1 week after the publication of the last of such notices.

(3)

Every such objection together with any evidence that may be tendered by the objector and the applicant or their representatives shall be considered by the Authority before deciding whether or not to grant the application or make the addition.

(4)

The Authority shall give notice in writing of its decision, together with reasons, to the applicant and any objector as soon as practicable after a decision is made. (Replaced 78 of 1999 s. 7)

(5)

An applicant under subsection (1) or an objector under subsections (1) and (1A), may appeal to the Municipal Services Appeal Board against the decision of the Authority within 30 days of the date of the notice. (Added 78 of 1999 s. 7)

(1)

The Authority may make regulations for any of the following matters—

(2)

Any provisions relating to the destruction and falsification of registers of burials contained in any enactment, and the admissibility of extracts therefrom as evidence in courts and otherwise, shall apply to the registers of burnings directed by such regulations to be kept.

(1)

Any person who knowingly carries out or procures or takes part in the burning of any human remains, except in accordance with the provisions of this Part and the regulations made hereunder, shall (in addition to any liability or penalty which he may otherwise incur) be guilty of an offence.

(2)

Any person who wilfully makes any false declaration or representation, or signs or utters any false certificate, with a view to procuring the burning of any human remains, shall (in addition to any penalty or liability which he may otherwise incur) be guilty of an offence.

(3)

Any person who, with intent to conceal the commission or impede the prosecution of any offence, procures or attempts to procure the cremation of any body, or, with such intent, makes any declaration or gives any certificate under this Part, shall be guilty of an offence.

(1)

The Authority may by regulation provide for the fees and charges payable in connection with the following—

(2)

For the avoidance of doubt it is stated that a power under this section to provide for fees and charges payable in connection with registration, licensing, permission or a permit includes a power to provide for the fees and charges payable for the grant, renewal or transfer of a licence, temporary licence, permission or permit, and the issue of a duplicate of or any endorsement of or amendment to a licence, permission or permit or the renewal of a registration.

(3)

In providing for fees and charges for any purpose under subsection (1) the Authority may prescribe different fees and charges in relation to persons or cases of different classes or descriptions.

(1)

The Authority may by regulation provide for the fees and charges payable by an individual as a member of the public in connection with the matters specified in Schedule 16.

(2)

For the purposes of subsection (1) the following is not included—

(3)

The Authority may prescribe different fees and charges for persons or cases of different classes or descriptions under subsection (1).

(4)

The Authority may by order published in the Gazette amend Schedule 16.

(5)

An order under subsection (4) is subject to the approval of the Legislative Council.

(1)

Subject to section 124J(1), any fee or charge payable in connection with the admission to or the use for any purpose of a venue, service or facility relating to a cultural or leisure activity provided by the Authority or which is under the control and management of the Authority may be determined by the Authority with the approval of the Financial Secretary.

(2)

Different fees or charges may be determined under this section for any purpose in relation to persons or cases of different classes or descriptions.

(3)

The Authority may publish in any manner the Authority considers fit any fees or charges determined under subsection (1), for information.

(1)

The Authority may by regulation provide for the fees and charges payable in connection with the licensing of any activity specified in the Eleventh Schedule.

(2)

For the avoidance of doubt it is stated that a power under this section to provide for fees and charges payable in connection with licensing includes a power to provide for the fees and charges payable for the grant, renewal or transfer of a licence, temporary licence and the issue of a duplicate of or any endorsement of or amendment to a licence.

(3)

The Authority may in relation to any activity referred to in subsection (1) prescribe different fees and charges in relation to persons or cases of different classes or descriptions.

(1)

Where, under the provisions of this Ordinance, any public officer (referred to in this section as the licensing authority) is empowered to require registration or to grant any licence or permit, such registration, licence or permit, as the case may be, shall, subject to the provisions of this Ordinance and any regulations made thereunder— (Amended 78 of 1999 s. 7)

(1A)

Subject to section 124M, subsection (1)(a) does not authorize a licensing authority to include in any registration, licence or permit a declaration waiving any provision relating to the payment of fees in a regulation made under this Ordinance. (Added 9 of 1976 s. 14. Amended 10 of 1986 s. 17; 78 of 1999 s. 7)

(1B)

(2)

Save where the licensing authority thinks fit, no registration, licence or permit shall be made or granted in the name of more than one person:Provided that nothing in this subsection shall be construed to prevent the making of any registration or the granting of any licence or permit in the name of a corporation.

(3)

Subject to the provisions of any regulations made under this Ordinance, every registration, licence or permit shall be transferable.

(4)

On any transfer of a registration, licence or permit under the provisions of subsection (3), the person to whom the transfer is made shall, within 7 days after the transfer is effected, deliver to the licensing authority a notice, in such form (if any) as may be prescribed by the licensing authority signed by the transferor or by some person authorized in writing in that behalf by him and signed by the person to whom the transfer was made or by some person authorized in writing in that behalf by him.

(5)

If any person fails to give notice of the transfer of any registration, licence or permit as required by subsection (4)—

(6)

Where any person who is registered, or who is the grantee of any licence or permit issued, under the provisions of this Ordinance absents himself from Hong Kong for a period exceeding 30 days without giving notice in writing to the licensing authority, or, in the opinion of the licensing authority, is not, or has ceased to be, ordinarily resident in Hong Kong, the licensing authority may, without notice, cancel such registration, licence or permit, and, in the case of a corporation which is registered under the Companies Ordinance (Cap. 622) or under a former Companies Ordinance as defined by section 2(1) of the Companies Ordinance (Cap. 622), the licensing authority may also cancel such registration, licence or permit if the corporation has ceased to be so registered. (Amended 10 of 1986 s. 24; 28 of 2012 ss. 912 & 920)

(6A)

Where any person who is registered, or who is the grantee of any licence or permit issued, under the provisions of this Ordinance is not, in the opinion of the licensing authority, carrying on the business or activity to which such registration, licence or permit relates, the licensing authority may cancel the same without notice. (Added 57 of 1978 s. 4)

(7)

Where any person who is registered, or who is the grantee of any licence or permit issued, under the provisions of this Ordinance intends to absent himself from Hong Kong for a longer period than 30 days, the licensing authority may require him to appoint a delegate for such period not exceeding 6 months as the licensing authority may consider reasonable, and such delegate shall, during that period, be deemed for all purposes under this Ordinance to be the person in whose name such registration was made or to whom such licence or permit was granted, and failure to appoint such delegate if so required under this subsection shall be a ground for cancellation of such registration, licence or permit. (Amended 10 of 1986 s. 24)

(8)

Where any registration, licence or permit is cancelled or suspended, or any application for the grant or renewal thereof is refused, by the licensing authority, the licensing authority shall forthwith serve a notice in writing upon the holder thereof or applicant therefor, as the case may be, declaring its decision.

(9)

A person dissatisfied with a decision referred to in subsection (8) may, within 14 days after the service on him of the notice declaring the decision, appeal to the Licensing Appeals Board established under section 125A against the decision. (Replaced 78 of 1999 s. 7)

(10)

If an appeal is made under this section, the licensing authority may, in its discretion, suspend the operation of the decision to which the appeal relates, pending the determination of the appeal. (Replaced 78 of 1999 s. 7)

(11)

No registration, licence or permit granted under the provisions of this Ordinance shall be taken to exempt or excuse any person from compliance with any of the provisions of any other enactment.

(1)

There is established a board to be known as the “Licensing Appeals Board”. (Amended E.R. 4 of 2019)

(2)

The Board is to consist of—

appointed by the Chief Executive in accordance with this section.

(3)

A public officer may not be appointed to the Board under subsection (2).

(4)

A person appointed as Chairman or Vice-Chairman or other member under subsection (2) is to hold and vacate office in accordance with the person’s terms of appointment.

(5)

A member may resign as member, Chairman or Vice-Chairman by giving written notice to the Chief Executive.

(1)

The function of the Board is to hear and determine any appeal which lies to the Board under section 125.

(2)

In determining an appeal, the Board may exercise all the powers and discretions that are conferred on the person who made the decision appealed from.

(3)

In determining an appeal, the Board may affirm, vary or set aside the decision and, where it sets aside the decision, it shall substitute its own decision. The Board may also extend the time specified, if any, for complying with the requirement of any notice issued, or an order made by the licensing authority referred to in section 125.

(4)

A person who appeals to the Board, if dissatisfied with the decision of the Board may appeal to the Municipal Services Appeals Board within 14 days after receiving notice of the decision.

(5)

If an appeal is made under subsection (4), the Board may, in its discretion, suspend the operation of the decision to which the appeal relates, pending the determination of the appeal.

(1)

For the purposes of hearing an appeal or making a decision for the purposes of section 125B(5), the Board is to consist of—

(2)

The secretary must nominate 4 members for the purposes of subsection (1)(b).

(3)

In nominating members under subsection (2), the secretary is subject to the direction of the Chairman or Vice-Chairman.

(1)

The Chairman or Vice-Chairman is to preside at the hearing of an appeal.

(2)

An appeal board decision shall be taken by a majority.

(3)

If after the commencement of the hearing of an appeal, one or more members (other than the person presiding) are unable to continue, the remaining members, so long as their number (including the person presiding) is not less than 3 may, with the consent of the parties, continue to hear and determine the appeal, and the Board remains duly constituted.

(4)

If the Board is constituted by an even number of members under subsection (3), the person presiding shall have a casting vote when there is an equality of votes.

(5)

Subject to this section and rules made under section 125G the person presiding may determine the procedure at the hearing of an appeal made to the Board.

(1)

The Board must give reasons for its decisions.

(2)

The secretary must serve a copy of the Board’s decision and of the reasons for the decision on the parties to an appeal.

(1)

The Board may make rules regulating the making of appeals to the Board, specifying the documents to be lodged or served in relation to an appeal and providing for the hearing and determining of those appeals and the enforcement of its decisions.

(2)

The rules made under subsection (1) are subsidiary legislation.

(1)

The Secretary for Environment and Ecology may appoint— (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)

(2)

The Secretary for Environment and Ecology may appoint a legal adviser to advise on legal matters relating to an appeal and the legal adviser may be present at any hearing before the Board or deliberations of the Board to so advise the Board.

(1)

Subject to the provisions of this section, any public officer authorized in writing by a public officer (referred to in this section as the authorizing authority), shall, on producing, if so required, some duly authenticated document showing his authority, have a right to enter any premises, vehicle, vessel or aircraft at any time between the hours of 7 a.m. and 7 p.m., and, in the case of any workplace or any premises or vessel used for business purposes, at any time during which work or business is carried on— (Amended 78 of 1999 s. 7)

Provided that admission to any premises or vessel, not being premises or a vessel used for business purposes or as a workplace, shall not be demanded as of right unless not less than 2 hours’ notice in writing of the intended entry has been given to the occupier of such premises or the person in charge of such vessel, or, in the absence of such person, posted in some conspicuous place on such premises or vessel, as the case may be.

(2)

If it is shown to the satisfaction of a magistrate on sworn information in writing—

the magistrate may by warrant in the form of Form B prescribed in the Seventh Schedule authorize any public officer authorized in that behalf by the public officer for whose purposes such entry is necessary to effect entry, if need be by force: (Amended 78 of 1999 s. 7)

Provided that such warrant shall not be issued unless the magistrate is satisfied either that notice of the intention to apply for a warrant has been given to the occupier of the premises or to the person in charge of the vessel, as the case may be, or that the premises are unoccupied or the vessel unattended, or that the occupier or attendant is temporarily absent, or that the case is one of urgency, or that the giving of such notice would defeat the object of the entry, or that it is reasonable for the purposes of this Ordinance in the circumstances of the case that entry be effected between the hours of 7 p.m. and 7 a.m. (Amended 47 of 1997 s. 10)

(3)

Any public officer entering any premises or vessel by virtue of the provisions of subsection (1) or of a warrant issued under subsection (2) may take with him such persons as may be necessary, and, on leaving any unoccupied premises or any unattended vessel which he has entered by virtue of such provisions or such warrant, shall leave such premises or vessel as effectually secured against trespassers as he found the same to be at the time of entry.

(4)

Every warrant granted under the provisions of subsection (2) shall continue in force until the purpose for which the entry is necessary has been satisfied.

(5)

For the purposes of this section, to the extent that the Authority for a relevant provision of this Ordinance is the Director of Food and Environmental Hygiene—

(1)

A person (specified person) commits an offence if—

(2)

For the purposes of subsection (1)(d)(ii), the Director may, on application by the specified person, by written notice given on the specified person—

(1)

The Authority, if satisfied of the existence of a nuisance to which this section applies, may cause a notice in the form of Form C specified in the Seventh Schedule (referred to in this section as a nuisance notice) to be served on the person by reason of whose act, default or sufferance the nuisance arose or continues, or, if that person cannot be found, on the occupier or owner of the premises or vessel on which the nuisance exists, requiring him to abate the nuisance within the period specified in the notice, and to do such things as may be necessary for that purpose, and the notice may, if the Authority thinks fit, specify any works to be executed for the purpose aforesaid: Provided that, where the nuisance arises from any want or defect in any premises or vessel of a structural character and where the premises or vessel are or is unoccupied, the nuisance notice shall be served on the owner thereof.

The Authority may also, by notice under the foregoing provisions of this subsection or by further notice, require the person on whom the notice is served to do what is necessary for preventing the recurrence of the nuisance to which the notice relates and, if the Authority thinks it desirable, specify any works to be executed for that purpose, and a notice containing such a requirement may, notwithstanding that the nuisance to which it relates may for the time being have been abated, be served if the Authority considers that the nuisance is likely to recur on the same premises or in the same vessel.

(2)

Where—

cannot be found or ascertained, the Authority may abate the nuisance and do what is necessary to prevent a recurrence thereof, and may recover the cost from any such person who may thereafter be found or ascertained. (Replaced 58 of 1973 s. 5)

(3)

Where a nuisance notice is served on any person, then if either—

he shall (whether or not an order under the provisions of subsection (4) has been made in respect of him) be guilty of an offence.

(4)

Where a nuisance notice is served on any person, then if—

the Authority may make a complaint to the court and the court hearing the complaint may make a summary order in the form of Form D prescribed in the Seventh Schedule (in this section referred to as a nuisance order).

(5)

A nuisance order may be an abatement order, prohibition order or a closing order or a combination of such orders.

An abatement order may require a person to comply with all or any of the requirements of a nuisance notice in connection with which the order is made, or otherwise to abate the nuisance or to do what may be necessary to prevent the recurrence of the nuisance within the period specified in the order.

A prohibition order may prohibit the recurrence of a nuisance.

A closing order may prohibit the use of any premises or vessel for human habitation, but shall only be made if it is proved to the satisfaction of the court that, by reason of a nuisance, the premises or vessel are or is unfit for human habitation.

(6)

An abatement order or a prohibition order shall, if the person in respect of whom the order is made so requires or the court considers it desirable, specify the works to be executed by the said person for the purpose of abating, or preventing the recurrence of, the nuisance to which the order relates.

A court, if satisfied that any premises or vessel in respect of which a closing order is in force have or has been rendered fit for human habitation, may declare that it is so satisfied and revoke the closing order.

(7)

(8)

The provisions of Part VII (Appeals) of the Magistrates Ordinance (Cap. 227) shall apply to proceedings under this section subject to the following provisions—

(9)

Any matter or thing removed by the Authority in abating, or doing what is necessary to prevent the recurrence of, a nuisance to which this section applies may be sold by public auction, or, if the Authority thinks the circumstances of the case require it, may be otherwise sold, or may be disposed of without sale.

The money arising from the sale of any matter or thing under this subsection may be retained by the Authority and applied in payment of the expenses incurred by it in connection with the nuisance and the surplus (if any) shall be paid, on demand, to the owner of the matter or thing.

(1)

Subject to subsection (1B), where under this Ordinance, the use of any premises or vessel are or is required to be registered, licensed or permitted, the court on application by the public officer authorized to register, license or permit such use and on proof that— (Amended 1 of 2002 s. 2)

shall, subject to subsection (5), make an order in Form F in the Seventh Schedule (Prohibition Order) prohibiting the use of the premises or vessel or a specified part of the premises or vessel (specified part), for all purposes or, for a purpose specified in the order, with effect from the 8th day after copies of the order have been served under subsection (6): (Replaced 78 of 1999 s. 7)

Provided that, where, at the date of the issue of a summons in respect of an application under this subsection, the premises or vessel are or is used for the purpose of human habitation, no such order shall be made so as to prevent such habitation by reason only of the user being without registration, licence or permit or in contravention of any of the requirements thereof or any suspension thereof. (Amended 61 of 1974 s. 11)

(1A)

(Repealed 1 of 2002 s. 2)

(1B)

This section does not apply to any premises to which sections 128A, 128B and 128C apply. (Added 1 of 2002 s. 2)

(2)

Any order made under the provisions of subsection (1) shall remain in force in respect of such premises or vessel until, on application by such public officer or by any person having an interest in such premises or vessel, the court is satisfied that either the use of such premises or vessel has been registered, licensed or permitted or such suspension has been cancelled or the provisions of this Ordinance have been complied with, as the case may be, or that such premises or vessel will be used in future for some other purpose.

(3)

Any person who contravenes any order of the court made under the provisions of subsection (1) shall be guilty of an offence.

(4)

Where a Prohibition Order in respect of premises, a vessel or a specified part to which regulations made under section 56 apply has been served under subsection (6) but has not been continuously complied with from the 8th day after such service, the court, upon application by the public officer upon whose application the order was made shall, without prejudice to any penalty which may be imposed under this section, but subject to subsection (5), make an order in Form G in the Seventh Schedule (in this section referred to as a Closure Order). (Added 76 of 1988 s. 3)

(5)

A court shall not make a Prohibition Order or a Closure Order unless satisfied—

(6)

Notice of intention to apply for a Prohibition Order or Closure Order in respect of any premises, vessel or specified part, and a copy of every such order when made, shall be in both English and Chinese and shall be served by affixing it to a conspicuous part of those premises, that vessel or that specified part. (Added 76 of 1988 s. 3)

(7)

A Closure Order made in respect of any premises, vessel or specified part shall come into force on the 8th day after it has been served under subsection (6) and shall remain in force for as long as the Prohibition Order made in respect of those premises, that vessel or that specified part remains in force. (Added 76 of 1988 s. 3)

(8)

Upon the coming into force of a Closure Order in respect of any premises, vessel or specified part, the public officer upon whose application the order was made shall lock or seal, or cause to be locked or sealed, all or any of the entrances to or exits from the premises, vessel or specified part and may disconnect or cause to be disconnected all gas, water and electricity supplies thereto. (Added 76 of 1988 s. 3)

(9)

While a Closure Order is in force in respect of any premises, vessel or specified part—

(10)

Any person who, without lawful authority or excuse—

shall be guilty of an offence. (Added 76 of 1988 s. 3)

(11)

Where, immediately before any premises, vessel or specified part are or is closed under subsection (8), there is found therein or thereon any food, or any article or thing likely to create a fire hazard or constitute a danger to life or health if left in or on the premises, vessel or specified part, the public officer upon whose application the Closure Order was made shall—

(12)

Where a claim is made under subsection (11)(c) for the return of any food, article or thing, the public officer in possession thereof may—

(13)

Any food, article or thing taken into the possession of a public officer under subsection (11)(a) and not claimed within the time referred to in subsection (11)(c), or which the public officer refuses to return in accordance with subsection (12)(a), may be sold by public auction or, upon the order of a magistrate, otherwise sold or disposed of as the court thinks fit, and the money arising from the sale thereof shall be retained by the public officer and applied in payment of expenses incurred in connection with the enforcement of the Closure Order and the surplus (if any) paid, on demand, to the owner of the food, article or thing. (Added 76 of 1988 s. 3)

(14)

A public officer upon whose application a Closure Order is made in respect of any premises, vessel or specified part may recover as a civil debt from the occupier of the premises, master of the vessel, or occupier of the specified part the cost of any work carried out under subsection (8) and of taking possession of any food, article or thing under subsection (11) which is not met out of the proceeds of any sale under subsection (13). (Added 76 of 1988 s. 3)

(15)

An order made under subsection (1) before 1 October 1988 and in force on that date shall remain in force after that date subject to subsection (2). (76 of 1988 s. 8(1) incorporated)

(16)

If an order made under subsection (1) before 1 October 1988—

the public officer or public body upon whose application the order was made may apply for a Closure Order to be made in respect of those premises, that vessel or that specified part under subsection (4) as added by that Ordinance, whereupon the provisions of subsections (5) to (14) as so added shall apply. (76 of 1988 s. 8(2) incorporated)

(1)

This section and sections 128B, 128C and 128D apply to—

(2)

For the purposes of this section and sections 128B, 128C and 128D, unless the context otherwise requires—

Appeal Board (上訴委員會) means the Appeal Board on Closure Orders (Immediate Health Hazard) established under section 128D; Chairman (主席) means the Chairman of the Appeal Board appointed under section 128D(3); closed premises (已封處所) means any premises mentioned in subsection (1) in respect of which a closure order has come into force and remains in force; closure order (封閉令) means an order made under section 128B(1) or 128C(1), as the case may be; Deputy Chairman (副主席) means the First Deputy Chairman or the Second Deputy Chairman of the Appeal Board appointed under section 128D(3); immediate health hazard (對健康的即時危害) means any circumstances that cause or are likely to cause any food supplied on or from, or handled or possessed on, any premises to be or to become a source of food-borne infection, contamination, intoxication or disease transmission; premises (處所) includes any place, vessel and any part of a place or vessel; use (用、使用), in relation to any premises referred to in subsection (1)(c), includes occupy.

(3)

The circumstances referred to in the definition of immediate health hazard include the following—

(4)

In subsections (2) and (3)—

(1)

Where under the Food Business Regulation (Cap. 132 sub. leg. X), the Frozen Confections Regulation (Cap. 132 sub. leg. AC), the Milk Regulation (Cap. 132 sub. leg. AQ) or the Slaughterhouses Regulation (Cap. 132 sub. leg. BU)—

is required to be licensed or permitted, a court on application by the Authority and on proof that the premises are so used or the activity is conducted on any premises (as the case may be) without the requisite licence, permit or permission shall, subject to subsections (2) and (3), make a closure order in Form H in the Seventh Schedule.

(2)

Subsection (1) does not apply if—

(3)

The court shall not make a closure order unless it is satisfied that—

(4)

At the place and time set for the hearing of an application made under subsection (1) or such other time as soon as practicable thereafter, the court shall hear the applicant and every person who—

and then proceed to make a decision.

(5)

A closure order shall not operate—

(6)

A closure order comes into force on the beginning of the 8th day after the day on which a copy of it is affixed at a conspicuous place on the premises in respect of which it is made.

(7)

A closure order shall remain in force until the court rescinds it on application by the Authority or any person having an interest in the premises in respect of which the order is made.

(8)

The court shall rescind a closure order if it is satisfied that—

(9)

Subject to subsection (5), when a closure order in respect of any premises comes into force, the Authority shall lock or seal, or cause to be locked or sealed, all or any of the entrances to or exits from the premises and may disconnect or cause to be disconnected all gas, water and electricity supplies to those premises.

(10)

Subject to subsection (11), no person, other than a public officer in the course of his duty, may enter or remain on any closed premises.

(11)

The Authority may—

(12)

Any person who, without lawful authority or reasonable excuse—

commits an offence.

(13)

The Authority may—

(14)

Where a claim mentioned in subsection (13)(d)(ii) is made, the Authority—

(15)

Any article, thing, food, live bird, fish or animal removed by the Authority under subsection (13)(b) and not claimed within the time specified in subsection (13)(d)(ii), or which the Authority refuses to return in accordance with subsection (14)(a), may be sold by public auction or, upon the order of a court, otherwise sold or disposed of as the court directs, and any proceeds arising from the sale shall be retained by the Authority and applied in payment of any expenses incurred in connection with the enforcement of the closure order and the surplus (if any) paid, on demand made within 90 days of the sale, to the owner of the article, thing, food, live bird, fish or animal.

(16)

Any surplus not demanded in accordance with subsection (15) shall be paid into the general revenue.

(17)

The Authority may recover as a civil debt from the person having the management or control of any premises (or the master of the vessel if the premises are a vessel or any part of a vessel) immediately before the closure order in respect of the premises came into force the cost of—

which is not met out of the proceeds of any sale under subsection (15).

(1)

If the Authority has reasonable cause to believe that the use of any premises to which this section applies or any activity conducted on those premises poses an immediate health hazard, he may make a closure order in Form I in the Seventh Schedule to close the premises immediately.

(2)

A closure order shall not operate—

(3)

A closure order comes into force immediately after a copy of it—

(4)

A closure order shall remain in force until a notice is issued by the Authority made under subsection (6).

(5)

Any person having an interest in any premises in respect of which a closure order has been made may apply in writing to the Authority to rescind the order.

(6)

Whether or not an application has been made under subsection (5), if the Authority is satisfied that—

the Authority shall issue a notice in Form J in the Seventh Schedule to rescind the closure order with immediate effect.

(7)

If the Authority refuses to issue a notice under subsection (6) as applied, he shall serve a notice of his refusal on the applicant and the applicant may, within 7 days of such service or such longer time as the Chairman may allow, appeal to the Appeal Board against the Authority’s decision.

(8)

The making of an appeal under subsection (7) does not operate as a stay of execution of a closure order unless the Chairman otherwise orders.

(9)

Subject to subsection (2), when a closure order in respect of any premises comes into force, the Authority shall lock or seal, or cause to be locked or sealed, all or any of the entrances to or exits from the closed premises and may disconnect or cause to be disconnected all gas, water and electricity supplies to those premises.

(10)

Subject to subsection (11), no person, other than a public officer in the course of his duty, may enter or remain on any closed premises.

(11)

The Authority may—

(12)

Any person who, without lawful authority or reasonable excuse—

commits an offence.

(13)

The Authority may—

(14)

Where a claim mentioned in subsection (13)(d)(ii) is made, the Authority—

(15)

Any article, thing, food, live bird, fish or animal removed by the Authority under subsection (13)(b) and not claimed within the time specified in subsection (13)(d)(ii), or which the Authority refuses to return in accordance with subsection (14)(a), may be sold by public auction or, upon the order of a court, otherwise sold or disposed of as the court directs, and any proceeds arising from the sale shall be retained by the Authority and applied in payment of any expenses incurred in connection with the enforcement of the closure order and the surplus (if any) paid, on demand made within 90 days of the sale, to the owner of the article, thing, food, live bird, fish or animal.

(16)

Any surplus not demanded in accordance with subsection (15) shall be paid into the general revenue.

(17)

The Authority may recover as a civil debt from the person having the management or control of any premises (or the master of the vessel if the premises are a vessel or any part of a vessel) immediately before the closure order in respect of the premises came into force the cost of—

which is not met out of the proceeds of any sale under subsection (15).

(18)

A person who is aggrieved by an order made under subsection (1) may, within 7 days after the day on which the order was made or such longer time as the Chairman may allow, appeal to the Appeal Board against the order.

(19)

The making of an appeal under subsection (18) does not operate as a stay of execution of a closure order unless the Chairman otherwise orders.

(1)

There is established an appeal board to be known as the “Appeal Board on Closure Orders (Immediate Health Hazard)”. (Amended E.R. 4 of 2019)

(2)

The functions of the Appeal Board are to hear and determine any appeal made to the Appeal Board under section 128C(7) or (18).

(3)

The Chief Executive shall appoint from among persons who are qualified for appointment as District Judges under section 5 of the District Court Ordinance (Cap. 336)—

(4)

The Chief Executive shall appoint a panel of not less than 18 persons, not being public officers, whom he considers suitable for appointment under subsection (8)(b) as members of the Appeal Board to hear an appeal.

(5)

An appointment under subsection (3) or (4) shall be notified in the Gazette and shall be for a term of not more than 3 years. A person appointed under subsection (3) or (4) may be re-appointed, and may resign by notice in writing to the Chief Executive.

(6)

The Secretary for Environment and Ecology may appoint— (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)

(7)

The parties to an appeal to the Appeal Board are the appellant and the Authority. A party to an appeal may be present at the hearing of the appeal and may—

The Authority may also be represented by a legal officer within the meaning of the Legal Officers Ordinance (Cap. 87).

(8)

For the purposes of hearing an appeal, the members of the Appeal Board are—

(9)

If, for any period, the Chairman is precluded by illness, absence from Hong Kong or any other cause from performing his functions, the First Deputy Chairman of the Appeal Board shall act as Chairman and as such perform all the functions of the Chairman during that period.

(10)

If, for any period, a Deputy Chairman is precluded by illness, absence from Hong Kong or any other cause from performing his functions, the other Deputy Chairman shall act in the place of the Deputy Chairman precluded from performing his functions and in so acting perform all the functions of that Deputy Chairman, including any functions that Deputy Chairman would have been required to perform under subsection (9), during that period.

(11)

If, for any period, a person appointed under subsection (8)(b) or this subsection to hear an appeal is precluded by illness, absence from Hong Kong or any other cause from performing his functions, the Chairman may appoint another person, selected in rotation from the panel referred to in subsection (4), to act in the place of the person precluded from performing his functions and in so acting, to perform all the functions of that person during that period.

(12)

The hearing of an appeal may, with the consent of the parties to the appeal, continue notwithstanding a change in the membership of the Appeal Board.

(13)

For the purposes of an appeal, the Appeal Board—

(14)

The decision of the Appeal Board on an appeal shall be that of the majority of the members hearing the appeal.

(15)

The Appeal Board shall give reasons in writing for its decisions. The secretary to the Appeal Board shall serve a copy of the Appeal Board’s decision and of the reasons for the decision on the parties to an appeal.

(16)

A person who appeals to the Appeal Board, if dissatisfied with the decision of the Appeal Board, may appeal to the Court of First Instance within 14 days after receiving a copy of the decision and the reasons for the decision. The Court of First Instance may confirm or reverse the decision appealed against. The decision of the Court of First Instance is final.

(17)

The making of an appeal under subsection (16) does not operate as a stay of execution of a closure order unless the Court of First Instance otherwise orders.

(18)

Subject to this section and to rules made under subsection (20), the person presiding may determine the procedure at the hearing of an appeal made to the Appeal Board.

(19)

The Chairman may, on application in writing by a person and if satisfied that there is good reason for doing so—

(20)

The Chairman may, in consultation with the Secretary for Environment and Ecology, make rules— (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)

The rules so made are subsidiary legislation.

(1)

In any case where under the provisions of this Ordinance any public officer is entitled to recover the cost of any works done or any fee or any charge for any service rendered, such officer may certify the sum which is due and the names of the persons liable therefor, and may by such certificate apportion such sum between such persons.

(2)

In the case of any works done or services rendered, such sum may include—

(3)

A copy of any such certificate shall be served upon each person named therein.

(4)

Where the payment of any sum claimed is in default, such public officer may in his discretion order that the following amounts shall be added to the sum claimed and recovered therewith— (Amended 10 of 1986 s. 18)

(5)

The payment of such sum of any person shall be without prejudice to any right to recover the same, or any part thereof, from any person otherwise liable in respect of the matter in relation to which such certificate was issued.

(6)

Any sum which any public officer is entitled to recover under the provisions of this Ordinance may be recovered by such officer summarily as a civil debt due to the Government or as a simple contract debt due to the Government in any court of competent jurisdiction. (Amended 21 of 1973 s. 10; 59 of 2000 s. 3)

(6A)-(6B)

(Repealed 78 of 1999 s. 7)

(7)

Any summons or writ issued in connection with the recovery of any such sum shall be taken to have been duly served if it appears, to the satisfaction of the court, that it was left at the defendant’s last known address or place of business, or, if the same is unknown to the public officer concerned, that it was delivered to an adult occupier of the premises or place in relation to which such recovery is sought or was posted thereon in a conspicuous place.

(8)

A certificate purporting to be made in accordance with the provisions of subsection (1) and setting forth that the amount claimed is due and that the person named therein is liable for the payment thereof, and specifying the nature and particulars of the claim, shall be prima facie evidence of the facts stated therein and of the correctness of the signature thereto.

(9)

Where any sum the recovery of which is claimed under the provisions of this section arose in respect of any building works within the meaning of the Buildings Ordinance (Cap. 123), the public officer concerned may, at any time before such sum has been wholly recovered, register in the Land Registry against the title of any property in respect of which such sum arose a memorial of the certificate issued under the provisions of subsection (1), and in such event such sum shall be a charge upon the land recoverable in accordance with the provisions of subsection (6) from any person who from the Land Registry register then or thereafter appears to be the owner thereof: (Amended 8 of 1993 s. 2) Provided that a charge shall not be deemed to arise solely by virtue of this subsection in respect of any person whose interest was registered before the registration of the memorial of such certificate.

(10)

Upon the recovery of any sum under the provisions of this section, the public officer concerned shall lodge in the Land Registry an appropriate memorial of satisfaction against any memorial lodged there under the provisions of subsection (9). (Amended 8 of 1993 s. 2)

(11)

Where 2 or more sums are claimed from any person as being due under the provisions of this Ordinance, any writ, complaint, summons or warrant issued for the purposes of the Ordinance in respect of that person may contain in the body thereof, or in a schedule thereto, all or any of the sums so claimed.

(1)

Without prejudice to any other provisions of this Ordinance, or to the provisions of any other enactment, relating to the prosecution of criminal offences, prosecutions for an offence under the sections of this Ordinance specified in the first column of the Sixth Schedule may be brought in the name of the public officer specified opposite to them in the second column of that Schedule. (Amended 78 of 1999 s. 7)

(2)

Nothing in this section or in section 132 shall be deemed to derogate from the powers of the Secretary for Justice in relation to the prosecution of criminal offences. (Amended L.N. 362 of 1997)

(3)

Every complaint made or information laid in respect of an offence under any of the provisions of this Ordinance or the regulations made thereunder shall be made or laid in the manner prescribed by the Magistrates Ordinance (Cap. 227).

(4)

The Chief Executive in Council may by order amend, add to or delete from the Sixth Schedule. (Amended 59 of 2000 s. 3)

(1)

Save where otherwise expressly provided, any order, notice, demand, certificate or other document made by any public officer under the provisions of this Ordinance shall be signed by such public officer or by a public officer authorized in writing in that behalf by such public officer. (Amended 10 of 1986 s. 20)

(2)

Any document purporting to be an order, notice, demand, certificate or other document made under the provisions of this Ordinance by a public officer and signed in the manner provided in subsection (1) shall be received in evidence, and shall, unless the contrary is shown, be deemed to be such an order, notice, demand, certificate or other document without further proof.

(3)

Notwithstanding the amendments made to this section by the Provision of Municipal Services (Reorganization) Ordinance (Cap. 552), on and after the commencement of those amendments, subsection (2) applies to any order, notice, demand, certificate or other document made and signed before that commencement and to which that subsection would have applied if not for such commencement, as if those amendments had not been made. (Added 78 of 1999 s. 7)

(1)

Where proceedings under this Ordinance are competent against several persons in respect of the joint act or default of such persons, it shall be sufficient to proceed against one or more of them without proceeding against the others.

(2)

Where an offence consists of a failure to comply with any of the requirements of a notice served by any public officer who is an Authority for the purposes of any of the provisions of this Ordinance and a similar notice was served upon several persons in respect of such matter— (Amended 78 of 1999 s. 7)

(1)

In any appeal to him under the provisions of this Ordinance, the Chief Executive in Council may, at any time in his discretion, direct a case to be stated for the opinion of the Court of Appeal on any question of law involved in such appeal. The terms of such case shall be agreed upon by the parties concerned, or, in the event of their failure to agree, shall be settled by the Court of Appeal. The Court of Appeal shall hear and determine the question of law arising on any case stated as aforesaid, and shall remit the matter to the Chief Executive in Council who shall give effect by order to the finding of the court. The costs of such hearing shall be in the discretion of the court.

(2)

Any party to the appeal shall be entitled to be heard by counsel on the hearing of any case so stated.

(3)

The Clerk to the Executive Council shall give the appellant 7 days’ notice of the hearing of the appeal, and shall, at the same time, furnish the appellant with a copy of the evidence and documents submitted by the respondent for the consideration of the Chief Executive in Council. (Amended 14 of 1994 s. 24)

(4)

The decision of the Chief Executive in Council upon any appeal under the provisions of this Ordinance shall be final and may be enforced by the Court of First Instance as if it had been an order of that court. (Amended 25 of 1998 s. 2)

(5)

Nothing contained in this Ordinance shall be construed to prevent any person from applying to the Court of First Instance for a mandamus, injunction, prohibition or other order, should he elect so to do in lieu of appealing to the Chief Executive in Council. (Amended 25 of 1998 s. 2)

(1)

Wherever under the provisions of this Ordinance the use of a form prescribed in the Seventh Schedule is required, there shall be used the appropriate form prescribed in that Schedule or a form to the like effect subject to such variation as circumstances may require.

(2)

The Chief Executive in Council may by order amend any form for the time being prescribed in the Seventh Schedule and may, in like manner, add any form to that Schedule or delete any form therefrom. (Amended 59 of 2000 s. 3)

(1)

Where an offence (being an offence for the continuance of which a penalty was provided) has been committed under any enactment revoked or cancelled and re-enacted, with or without amendment, by any regulations made under this Ordinance, proceedings may be taken under such regulations in respect of the continuance of the offence after the commencement of such regulations in the same manner as if the offence had been committed under the corresponding provisions of such regulations.

(2)

Where an enactment revoked or cancelled by any regulations made under this Ordinance relates to the giving of notices—

the doing of some act or the happening of some event, and the commencement of such regulations falls within the period applicable under that enactment to any particular act done or to any particular event, the revocation or cancellation and re-enactment shall be deemed to have taken effect in relation to that act or event, in the first mentioned case, at a date sufficiently early to enable the required notice to be given under the corresponding provisions of such regulations, and, in the secondly mentioned case, immediately before the doing of the act or the happening of the event in question.

(3)

Where, under any enactment revoked or cancelled and re-enacted, with or without amendment, by any regulations made under this Ordinance, any notice has been served relating to the doing of some act or the happening of some event, such notice shall be deemed to have been served under the corresponding provisions of such regulations.