WIPO Lex

Chapter: 132 PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE

Chapter:	132	PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE	Gazette Number	Version Date

		Long title		30/06/1997

To make provision for public health and municipal services.
	(Amended 10 of 1986 s. 2)
	[11 November 1960] G.N.A. 132 of 1960
(Originally 30 of 1960; 15 of 1935)

Section:	1	Short title		30/06/1997

PART I PRELIMINARY This Ordinance may be cited as the Public Health and Municipal Services Ordinance.

(Amended 10 of 1986 s. 3)

Section:	2	Interpretation	L.N. 194 of 2003	01/01/2004

(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;

"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)

"The Commonwealth War Graves Commission" (英聯邦國殤紀念墳場) 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)

"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 32); (Amended 10 of 1986 s. 24) "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 of 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;

(d) water placed in a sealed container for sale for human consumption; (Replaced 26 of 1986 s. 2) "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) chewing gum and other products of a like nature and use;

(d) articles and substances used as ingredients in the preparation of food or drink or of such products, but does not include-

(i) live animals, live birds or live fish (excluding shell fish);

(ii) water, other than-

(A) aerated water;

(B) distilled water;

(D) water placed in a sealed container for sale for human consumption; (Replaced 3 of 1987 s. 2)

(iii) fodder or feeding stuffs for animals, birds or fish; or

(iv) articles or substances used only as drugs; (Replaced 62 of 1986 s. 2) "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 likely to constitute a nuisance; (Added 72 of 1981 s. 2) "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 Affairs" (民政事務局局長) 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)

"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)

"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)

(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) (Amended 53 of 1988 s. 3; 78 of 1999 s. 7)

Section:	3	Designation of Authorities	L.N. 320 of 1999	01/01/2000

Remarks:
Adaptation amendments retroactively made - see 59 of 2000 s. 3

(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. (Amended 59 of 2000 s. 3)

Section:	4	Construction and maintenance of public sewers and drains		30/06/1997

PART II

SEWERS AND DRAINS

The Authority shall be responsible for causing the construction, repair and maintenance of all public sewers, drains or drainage works, and may alter or disconnect the connection therewith of any private sewer, drain or drainage works.

Section:	5	Cleansing of public sewers		30/06/1997

The Authority shall be responsible for the proper clearing, cleansing and emptying of public sewers, drains and drainage works, and for the abatement of nuisances arising in connection therewith.

Section:	6	Protection of public sewers and drains	L.N. 320 of 1999	01/01/2000

(1) Any person who-

(a): places or throws any solid matter, mud or waste (except such as is contained in ordinary house sewage) in or into any public sewer or drain or any sewer, drain, inlet or other drainage work communicating with any public sewer or drain, or over any grate communicating with any public sewer and drain;
(b): causes or knowingly permits any such matter, mud or waste to be placed or thrown, or to fall, or to be carried, in or into any public sewer or drain or over any such grate;
(c): causes or knowingly permits any such matter, mud or waste to be placed in such a position as to be liable to fall or be carried as aforesaid;
(d): discharges into any public sewer or drain or into any sewer or drain which, not being a public sewer or drain, communicates therewith, any chemicals, oils, petroleum or petroleum-spirit or any trade waste (not included as aforesaid) or any waste steam, or any heated liquid, which, either alone or in combination with other matter in any sewer or drain, causes or may cause nuisance or danger to persons entering or being in, or near to, any public sewer or drain or danger to any public sewer or drain itself; or
(e): wilfully, except with the permission in writing of the Authority, or negligently damages, alters,

disconnects or otherwise interferes with any public sewer or drain or any connection therewith, shall be guilty of an offence. (Amended 8 of 1980 s. 37)

(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.

Section:	7	Prevention of obstruction of sewers and drains by soil or waste		30/06/1997

Section:	8	Saving in relation to certain Ordinances		30/06/1997

Nothing in section 6 or 7 shall be taken or construed to the prejudice of any powers conferred by the Factories and Industrial Undertakings Ordinance (Cap 59) or the Buildings Ordinance (Cap 123).

Section:	9	Punishment of persons interfering with public sewers or drains		30/06/1997

Any person who, without the permission of the Authority

(a): enters or attempts to enter any public sewer; or
(b): raises or covers up any grating, trap or manhole cover, or otherwise interferes with any fitting connected with any public sewer or drain, or inserts any wire, net or other contrivance through any opening in any such grating, trap or manhole cover or through any other opening or vent in any public sewer or drain,

shall be guilty of an offence.

Section:	10	Notice of existence of disused drains		30/06/1997

(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.

Section:	11	Regulations for the protection of sewers and drains and prevention of nuisance therefrom	59 of 2000	01/07/1997

Remarks:
Adaptation amendments retroactively made - see 59 of 2000 s. 3

The Chief Executive in Council may make regulations prescribing or providing for- (Amended 59 of 2000 s. 3)

Cap 132 - PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE

(a): the general or particular protection of public sewers, drains or drainage works; and
(b): the prevention of nuisances arising from public or private sewers, drains or drainage works.

PART III

GENERAL, SANITATION AND CLEANLINESS

(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

Provided that the Authority may, where it thinks it reasonable, defray all or any part of such expenses.

(3): The owner or, in default of the owner, the occupier of any premises upon which there is any disused cesspool or well which has not been covered in a permanent manner or filled in shall, forthwith after the existence of such disused cesspool or well comes to his knowledge, give notice in writing thereof to the Authority.
(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.

(b): injurious or dangerous to health, or are in such a state as to affect injuriously or disfigure the amenities of any place or locality, the Authority may cause a notice to be served upon the owner or occupier of the premises requiring him to limewash, paint, cleanse, disinfect or disinfest such premises or any part thereof to the satisfaction of the Authority within such period as may be specified in the notice. (Replaced 58 of 1973 s. 2)

Provided that the Authority may, where it thinks it reasonable, defray all or any part of such expenses.

(1) The Authority may make regulations prescribing or providing for-

(a): the prevention of nuisance or danger to health or person arising from salt, effluvia, offal, fish, litter, waste or other matter or thing, including the liability of the owner or occupier of any premises, or the driver, registered owner or hirer of any motor vehicle, in relation to the prevention of such nuisance or danger; (Replaced 72 of 1981 s. 3)
(b): the prevention, control and collection of litter or waste, including the liability of the owner or occupier of any premises, or the driver, registered owner or hirer of any motor vehicle, in relation to such prevention, control and collection; (Amended 72 of 1981 s. 3)
(c): the cleansing of any premises or place by any person;
(d): the prevention or restriction of scavenging and of picking over of waste;
(e): the times during which any excretal matter or offensive or noxious thing may be removed or carried by road or water in or through any district or place, and the construction of vehicles, containers or vessels used for such purpose so as to prevent the escape of any such matter or thing and so as to prevent any nuisance arising therefrom;
(f): the removal or disposal of street waste, household waste or excretal matter, and the duties of the owner or occupier of any premises in relation to household waste or excretal matter so as to prevent nuisances arising therefrom and to facilitate its removal or disposal by any lawful scavenging or conservancy service;
(g): the provision, design and construction of containers for the collection and storage of household waste; (Replaced 8 of 1980 s. 37)
(h): (Repealed 49 of 1994 s. 2)
(i): the additional sum to be paid on the recovery under the provisions of section 22(3) of any article or thing seized under the provisions of subsection (2) of that section;
(j): regulating or prohibiting the employment of children in the removal or disposal of waste. (Amended 46 of 1972 s. 2; 8 of 1980 s. 37)

(1A) Regulations made under this section may provide that, where an owner of premises cannot be found or ascertained or is absent from Hong Kong or under disability, the regulations shall apply to an agent of the owner. (Added 48 of 1969 s. 3. Amended 10 of 1986 s. 24)

(1B) Regulations made under this section may provide that the court by which a person is convicted of an offence consisting of a failure to comply with a notice given under the regulations may, in addition to imposing any other penalty, make an order for the payment by such person to the Authority of the whole or part of any expenses incurred by the Authority in carrying out any work necessary to satisfy the requirements of the notice. (Added 58 of 1973 s. 3)

(1C) (Repealed 37 of 1987 s. 2)

(2) (Repealed 8 of 1980 s. 37)

Section:	15A	(Repealed 78 of 1999 s. 7)	L.N. 320 of 1999	01/01/2000

Section:	16	(Repealed 8 of 1980 s. 37)		30/06/1997

Section:	17	(Repealed 8 of 1980 s. 37)		30/06/1997

Section:	18	(Repealed 8 of 1980 s. 37)		30/06/1997

Section:	19	(Repealed 8 of 1980 s. 37)		30/06/1997

Section:	20	Removal of litter or waste and cleaning of area	59 of 2000	01/07/1997

Remarks:
Adaptation amendments retroactively made - see 59 of 2000 s. 3

(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.

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

Section:	21	(Repealed 8 of 1980 s. 37)		30/06/1997

Section:	22	Prevention of obstructions to scavenging or conservancy operations	59 of 2000	01/07/1997

Remarks:
Adaptation amendments retroactively made - see 59 of 2000 s. 3

(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.

Section:	22A	Prevention of accumulation of litter or waste on canopies	59 of 2000	01/07/1997

Remarks:
Adaptation amendments retroactively made - see 59 of 2000 s. 3

(1) If litter or waste of any kind is found on or in any canopy

(a) the Authority may cause a notice to be served on the occupier of the premises or of that part of the premises for the benefit of which the canopy is erected, requiring the occupier to remove the litter or

Cap 132 - PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE

waste within such time as may be specified in the notice; and

(b) the occupier shall be guilty of an offence if he fails to remove the litter or waste in accordance with the notice served on him under paragraph (a). (Amended 8 of 1980 s. 37; 72 of 1981 s. 5)

(d): is unsightly, 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.
(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) (Added 43 of 1972 s. 3)

(1) Any public officer authorized in writing in that behalf by the Authority may

(a): require any person whom he reasonably suspects of having contravened any regulation made under section 15, to give his correct name and address and produce evidence to that effect to the public officer;
(b): arrest any person who, without reasonable excuse, refuses to comply with a requirement under paragraph (a); and
(c): arrest in any public place any person who contravenes any of the provisions of section 4(2) or (3) of the Summary Offences Ordinance (Cap 228). (Replaced 46 of 1972 s. 5)

(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.

The Authority may cause to be published in any newspaper-

(a): the name of any person convicted of an offence under this Part or under any regulation made under section 15;
(b): the nature of the offence; and
(c): the fine, forfeiture or other penalty imposed. (Added 46 of 1972 s. 6)

Section:	24	Power to close, etc. polluted wells, etc.		30/06/1997

Wells and well water and waste water

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

(a): is used, or is likely to be used, for human consumption or domestic purposes, or for manufacturing food or drink for human consumption; and
(b): is so polluted, or is likely to be so polluted, as to be injurious or dangerous to health, or is otherwise

rendered unfit for human consumption or injurious or dangerous to health, 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 -

(a): such person shall be guilty of an offence; and
(b): the Authority may execute, or cause to be executed, such work as may be necessary for the purpose of preventing injury or danger to health, and may recover any expenses thereby incurred from 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, from the occupier thereof. (Amended 10 of 1986 s. 24)

Section:	25	Protection of fountains, wells and pumps		30/06/1997

Any person who-

(a): does any wilful act whereby any fountain, well or pump is damaged; or
(b): by reason of any act or neglect, causes or permits the water of any fountain, well or pump which is used, or likely to be used, for human consumption or domestic purposes, or for manufacturing food or drink for human consumption, to become polluted or fouled,

shall be guilty of an offence.

Section:	26	Regulations relating to the use of water from springs, wells, etc.		30/06/1997

(1) The Authority may make regulations prescribing or providing for-

(a): the prohibition or control of the use of water from any spring, well, pool, pond, watercourse, swimming pool or other source, the use of which is likely to be injurious or dangerous to health;
(b): the disinfecting or purifying and the maintenance in a wholesome condition, of water from any such spring, well, pool, pond, water course, swimming pool or other source.

(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-“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; “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 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)

(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)

(a) to remove such accumulation of water, if existing; or

(b) to take such other steps as may be specified in the notice to prevent any accumulation of water upon the premises; or

(c) to take such other steps as may be specified in the notice to prevent the existence of larvae or pupae of mosquitoes upon the premises. (Amended 32 of 1963 s. 3; 9 of 1976 s. 3; 10 of 1986 s. 24; 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

(a) take such action as he considers necessary to-

(i) remove such accumulation of water or the article; or

(ii) prevent the breeding of mosquitoes upon the premises; and

(b) where such hazard is attributable to any act, default or sufferance of any person, recover from the person any costs incurred by the Authority in the taking of such action. (Added 9 of 2006 s. 2)

(2) Any person who without reasonable excuse

(a) fails to comply with the requirements of a notice served on him under subsection (1); or

(b) fails to comply with the requirements of a notice served on him under subsection (1A), 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-

(a) any requirement of a notice served under subsection (1) on a person is not complied with, the Authority may

(i) remove any accumulation of water upon the premises;

(ii) take such other action as he considers necessary to prevent any accumulation of water upon the premises;

(iii) take such other action as he considers necessary to prevent the existence of larvae or pupae of mosquitoes on the premises; and (iv) recover from the person any costs incurred by the Authority in the taking of the action under subparagraph (i), (ii) or (iii); or

(b): any requirement of a notice served under subsection (1A) on a person is not complied with, the Authority may

(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-

(a): any larvae or pupae of mosquitoes are found on any premises other than those mentioned in subsection (3); and
(b): the existence of such larvae or pupae on the premises is attributable to any act, default or sufferance of

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

(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.

Sanitary conveniences

The Authority may make regulations prescribing or providing for-

(a): the provision and maintenance of suitable and sufficient latrine accommodation in connection with any premises, whether the same were constructed before or after the commencement of this Ordinance;
(b): the supply of water closets and urinals with sufficient water for their effective action;
(c): the maintenance in proper working order, repair and cleanly condition of latrines, cesspools and septic tanks, and the provision of proper accessories therefor;
(d): the hygienic construction of rooms or compartments in which latrines may be installed.

Section:	30	Obligation to provide latrines	L.N. 320 of 1999	01/01/2000

(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)
(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)
(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.

Section:	31	Prevention of nuisances from latrines and sanitary conveniences		30/06/1997

Section:	32	Removal or alteration of sanitary conveniences		30/06/1997

Section:	33	Examination of sanitary conveniences by Authority		30/06/1997

Provided that no such notice shall be issued by the Authority requiring such owner or occupier to carry out any drainage work within the meaning of the Buildings Ordinance (Cap 123), except with the consent in writing of the Building Authority.

(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.

Section:	34	Sanitary conveniences used in common		30/06/1997

The following provisions shall have effect in relation to any sanitary convenience used in common by the occupiers of 2 or more premises or by other persons-

(a): any person who injures or improperly fouls any such sanitary convenience or anything used in connection therewith shall be guilty of an offence;
(b): where any such sanitary convenience, or the approaches thereto, or the walls, floors, seats or fittings thereof, is or are, in the opinion of the Authority, in such a state as to be a nuisance for want of proper cleansing, such persons having the use of such sanitary convenience in common as may be in default, or, in the absence of proof satisfactory to the court as to which of such persons is in default, each of such persons, shall be guilty of an offence.
(a): the maintenance, management and control (including prohibition) of latrines or bathhouses, used or intended for use by the public whether upon payment or otherwise;

Section:	35	Regulations as to public latrines and bathhouses	L.N. 320 of 1999	01/01/2000

Public latrines and bathhouses The Authority may make regulations prescribing or providing for-	(Amended 78 of 1999 s. 7)
Cap 132 - PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE	17

(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:

Section:	35A	(Repealed 78 of 1999 s. 7)	L.N. 320 of 1999	01/01/2000

Section:	36	Provision and maintenance of public latrines and bathhouses	L.N. 320 of 1999	01/01/2000

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. (Amended 78 of 1999 s. 7)

Section:	37	Power to remove members of the public from public bathhouses	L.N. 320 of 1999	01/01/2000

The Authority or any person licensed under section 36(1) or any person duly authorized by the Authority or by such person licensed as aforesaid may remove from any latrine or bathhouse maintained, respectively, by it or him for the use of the public any person contravening any regulation made under the provisions of section 35.

(Amended 78 of 1999 s. 7)

Section:	38	Power to refuse admittance to certain members of the public to public bathhouses	L.N. 320 of 1999	01/01/2000

The Authority or any person licensed under section 36(1) may refuse admittance to or remove from any latrine or bathhouse maintained, respectively, by it or him for the use of the public any person who has been convicted of-

(a): an offence under any regulation made under the provisions of section 35 relating to latrines or bathhouses; or
(b): an offence against public decency committed in any such latrine or bathhouse. (Amended 78 of 1999 s. 7)

Section:	39	Appeals against action taken under section 37 or 38	L.N. 320 of 1999	01/01/2000

Any person who considers himself aggrieved by removal from, or refusal of admittance to, any latrine or bathhouse under section 37 or 38 may appeal to the court, and the court may make such direction regarding the use by the appellant of such latrine or bathhouse as may in the circumstances appear to it to be just.

(Amended 78 of 1999 s. 7)

Section:	40	(Repealed 78 of 1999 s. 7)	L.N. 320 of 1999	01/01/2000

Section:	40A	(Repealed 78 of 1999 s. 7)	L.N. 320 of 1999	01/01/2000

Section:	41	(Repealed 78 of 1999 s. 7)	L.N. 320 of 1999	01/01/2000

Section:	42	Regulations relating to swimming pools		30/06/1997

Swimming pools

(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.

Section:	42AA	(Repealed 78 of 1999 s. 7)	L.N. 320 of 1999	01/01/2000

Section:	42A	Public swimming pools		30/06/1997

(3) The Authority may, by order published in the Gazette, amend, add to or delete from the Fourteenth

Schedule. (Added 21 of 1973 s. 3. Amended 9 of 1976 s. 5)

Section:	42B	Management of public swimming pools		30/06/1997

The management and control of every public swimming pool shall be vested in the Authority.
(Added 21 of 1973 s. 3)

Section:	43	Rules relating to public swimming pools	L.N. 320 of 1999	01/01/2000

(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.
(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).

Section:	44	Use of public swimming pools for swimming contests, etc., or by schools or clubs		30/06/1997

Section:	45	Public swimming pools to be public places for certain purposes		30/06/1997

Any public swimming pool shall be deemed to be a public place for the purposes of any enactment relating to offences against decency.

Section:	46	Cleansing and destruction of filthy or verminous articles	L.N. 202 of 2008	14/07/2008

Verminous articles and premises

(1) Where it appears to the Authority that-

(a): any article or thing is in such a filthy, dangerous or unwholesome condition that health is, or is likely to be, injuriously affected thereby; or
(b): the cleansing, disinfecting or destruction of any such article or thing is necessary in order to prevent risk of injury to health; or
(c): any such article or thing is infested with vermin or, by reason of having been used by any person

infested with vermin, is likely to be so infested, 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.
(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.

Section:	47	Cleansing of verminous premises		30/06/1997

(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 the provisions of subsection (1), forthwith take such reasonable steps as may be required to destroy or remove therefrom any vermin:

Provided that, in carrying out any operation in pursuance of the provisions of this subsection, the Authority shall not make any structural alteration to such premises or vessel or such part of any premises or vessel, nor move any fixture or any fittings, furniture or equipment of a substantial nature, or otherwise cause any unreasonable inconvenience to the occupants of such premises or vessel or such part of any premises or vessel.

(5) Where, in pursuance of the provisions of subsection (4), the Authority has placed in any premises or vessel any trap or bait container or any bait or other substance, any person who, without lawful authority or excuse, knowingly removes or destroys such trap, bait container, bait or substance or otherwise interferes therewith, or knowingly causes, suffers or permits any other person or any domestic animal or bird to remove, destroy or interfere with such trap, bait container, bait or substance, shall be guilty of an offence.

Section:	48	Declaration of offensive trades		30/06/1997

PART IV

OFFENSIVE TRADES

The Authority may by notification in the Gazette declare to be an offensive trade any trade, business, process or manufacture which, in the opinion of the Authority, causes offensive or noxious effluvia or dust or is otherwise of an offensive or harmful nature or which involves the slaughtering of animals or birds.

Section:	49	Regulations relating to offensive trades		30/06/1997

Notwithstanding anything contained in the Factories and Industrial Undertakings Ordinance (Cap 59), the Authority may make regulations in relation to offensive trades prescribing or providing for

(a): registration or licensing; (Amended 49 of 1994 s. 10)
(b): the prevention of nuisances;
(c): the restriction of the carrying on of offensive trades, or groups or classes of such trades, to certain areas or districts or otherwise than in certain areas or districts;
(d): the construction, size, ventilation, drainage, cleansing, repair or maintenance of any building, yard, pen or other place in which any offensive trade is carried on;

Section:	49A	(Repealed 78 of 1999 s. 7)	L.N. 320 of 1999	01/01/2000

Section:	50	Offences in connection with preparation and sale of adulterated food or drugs		30/06/1997

PART V

FOOD AND DRUGS

(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.
(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).
(b): any instrument specified in subsection (3) is found, 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.

(Added 61 of 1976 s. 3)

(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.

Section:	52	General protection for purchasers of food and drugs		30/06/1997

Section:	53	Defences available in proceedings under section 52		30/06/1997

Section:	54	Offences in connection with the sale, etc. of unfit food or drugs		30/06/1997

(1) Subject to the provisions of this section, any person who

(a) sells or offers or exposes for sale, or has in his possession for the purpose of sale or preparation for sale; or

(b) deposits with, or consigns to, any person for the purpose of sale or of preparation for sale,

Cap 132 - PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE

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.

Remarks: For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.

(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

(a): for requiring, prohibiting or regulating the addition or extraction of any specified substance, or any substance of any specified class, to food intended for sale for human consumption or to any drug intended for sale for use by man or any class of such food or drug, or the use of any substance as an ingredient in the preparation or preservation of any such food or drug, and generally, for regulating or prescribing the composition of such food or drug or the bacteriological or chemical standard thereof;
(b): (Repealed 80 of 1997 s. 2)
(c): for prohibiting, restricting or regulating the importation or the use of any specified materials, or of materials of any specified class, in the manufacture of apparatus or utensils designed for use in the preparation or preservation of food for human consumption or drugs for use by man and the sale or importation for sale of apparatus or utensils designed for such use and containing any specified materials, or materials of any specified class;
(d): for imposing requirements as to, and otherwise regulating, the labelling, marking or advertising of food intended for sale for human consumption or drugs intended for sale for use by man, and the descriptions which may be applied to such food or drugs;
(e): for prescribing or providing for methods of analysis for the purpose of ascertaining the presence in, or absence from, any food or drug of any specified substance, or the quantity of any such substance which is present in any food or drug.
(f): (Repealed 80 of 1997 s. 2)

(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-

(a): food or drugs or ingredients of food or drugs which do not comply with regulations made under subsection (1)(a), or in relation to which an offence under such regulations has been committed or would have been committed if any relevant act or omission had taken place in Hong Kong; or
(b): any food or drugs (including food or drugs referred to in paragraph (a)) which, in his opinion, are or may be prejudicial to the public health. (Added 80 of 1997 s. 2)

(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

(b): prohibit the contravention of or non-compliance with any condition, requirement or direction referred to in paragraph (a). (Added 7 of 1989 s. 2)

(5) In this section any reference to "appropriate authority" is to be construed according to subsection (6). (Added 78 of 1999 s. 7)

(6) The appropriate authority for the purposes of

(c): subsection (2), is the Director of Food and Environmental Hygiene; and

1999 s. 7. Amended L.N. 106 of 2002; L.N. 130 of 2007) (Amended 80 of 1997 s. 2; 78 of 1999 s. 7)

(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-

(a) requiring the registration or licensing of premises, businesses or persons; or

(b) restricting the sale, possession or use of specified foods,

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)

Section:	56A	Prescription of fees relating to drugs		30/06/1997

The Authority may, by regulation, prescribe the fees to be paid in respect of registration or licensing of premises, businesses or persons engaged in or connected with-

(a) the sale of drugs for use by man;

(b) the manufacture, preparation, transport, storage, packaging, marking, exposure for sale, service or delivery of drugs intended for sale or sold for use by man,

or in respect of any other matter for which the Authority may make regulations under section 56. (Added 49 of 1994 s. 13)

Section:	56B	(Repealed 78 of 1999 s. 7)	L.N. 320 of 1999	01/01/2000

Section:	57	Live poultry, live reptiles and live fish deemed food for purposes of regulations		30/06/1997

Regulations made under section 55 or 56 may include provision for the prohibition, restriction or regulation of

the sale, or the possession, offer or exposure for sale or consignment or delivery for sale, of live poultry, live reptiles and live fish in the same manner as if such live poultry, live reptiles and live fish were food.

(Amended 9 of 1976 s. 6; 68 of 1985 s. 2)

(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)
(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.

(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)

(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.; (2) In this section, the expression "entertainment" (娛樂節目) includes any social gathering, amusement, exhibition, performance, game, sport or trial of skill.
(b): is calculated to mislead as to its nature, substance or quality, 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.
(b): is likely to mislead as to the nature, substance or quality of any food or drug, 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.
(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:

Section:	61	False labelling and advertisement of food or drugs		30/06/1997

Section:	62	Power to take samples		30/06/1997

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-

Section:	63	Provisions as to the taking of samples for analysis		30/06/1997

Cap 132 - PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE

(a): with respect to one part of the sample comply with the provisions of subsection (2); and
(b): with respect to the remaining parts of the sample comply with the provisions of subsection (3):

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

(2) (a) If the sample was obtained by purchase from a dealer in the food, drug or substance in question the officer shall give the one part to the vendor, such vendor being permitted to select such part from the 3 parts.

(c): If the sample is of any food, drug or substance consigned from outside Hong Kong and was taken by the officer before delivery to the consignee, the officer shall give the one part of the sample to the consignee.
(d): If the sample is of any food, drug or substance in transit from a consignor within Hong Kong to a consignee (whether within or without Hong Kong), the officer shall give the one part of the sample to the consignor.
(e): If none of the foregoing paragraphs of this subsection apply, the officer shall give the one part of the sample to the person appearing to him to be the owner of the food, drug or substance of which the sample was taken. (Amended 10 of 1986 s. 24)

(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).
(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) 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, until the contrary is proved, 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.; (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

Section:	65	Evidence of analysis		30/06/1997

Section:	66	Proceedings in respect of articles or substances sampled		30/06/1997

Section:	67	Presumptions		30/06/1997

Section:	68	Power to examine food and drugs in course of transit, etc.		30/06/1997

Cap 132 - PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE

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.
(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.
(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-

Section:	69	Restriction on movement of imported food or drugs	L.N. 320 of 1999	01/01/2000

Section:	70	Contraventions due to some other person		30/06/1997

Section:	71	Conditions under which warranty may be pleaded as defence		30/06/1997

(a) that he purchased it as being an article or substance which could lawfully be sold or otherwise dealt with as aforesaid, or, as the case may be, could lawfully be sold or dealt with under the name or

Cap 132 - PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE

description or for the purpose under or for which he sold or dealt with it, and with a written warranty to that effect; and

(b): that he had no reason to believe at the time of the commission of the alleged offence that it was otherwise; and
(c): that it was then in the same state as when he purchased it.

(2) A warranty shall only be a defence in proceedings under this Part if-

(b): in the case of a warranty given by a person resident outside Hong Kong, the defendant proves that he had taken reasonable steps to ascertain, and did in fact believe in, the accuracy of the statement contained therein. (Amended 10 of 1986 s. 24)

(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.
(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)

Section:	72	Offences in relation to warranties or certificates of analysis		30/06/1997

Section:	73	Sale, etc. by servants or agents		30/06/1997

Section:	74	Recovery of expenses incidental to taking of samples		30/06/1997

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

Section:	75	Notification of convictions in newspapers		30/06/1997

If any person is convicted of an offence under this Part relating to the sale or preparation for sale of any food for human consumption or drug for use by man, the Authority may cause to be published in any newspaper circulating in Hong Kong-(Amended 10 of 1986 s. 24)

(a): the name of the offender;
(b): the address (if any) of the place at which the offence was committed;
(c): the nature of the offence; and
(d): the fine, forfeiture or other penalty imposed.

Cap 132 - PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE

Section:	76	Protection of informers		30/06/1997

Save as otherwise provided in this section, no information laid in respect of any offence under this Part shall be admitted in evidence and no witness in any proceedings for an offence under this Part shall be obliged or permitted to disclose the name or address of any informer or state any matter which might lead to his discovery, and, if any books, documents or papers which are in evidence or liable to inspection in any such proceedings contain any entry in which any informer is named or described or which might lead to his discovery, the court shall cause all such passages to be concealed from view or to be obliterated so far as may be necessary to protect the informer from discovery, but no further:

Provided that, if the court after full inquiry into the case is satisfied that the informer wilfully made in his information a material statement which he knew or believed to be false, or did not believe to be true, or if it appears to the court that justice cannot otherwise fully be done, it shall be lawful for the court to require the production of the original information and permit inquiry and require full disclosure concerning the informer.

Section:	76A	Public slaughterhouses	L.N. 320 of 1999	01/01/2000

(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.) shall be deemed to

have been designated as public slaughterhouses. (Amended 78 of 1999 s. 7) (Added 21 of 1973 s. 4)

Section:	76B	Management of public slaughterhouses		30/06/1997

The management and control of every public slaughterhouse shall be vested in the Authority.
(Added 21 of 1973 s. 4)

Section:	77	Regulations as to slaughtering and slaughterhouses	L.N. 320 of 1999	01/01/2000

(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.; (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.

Section:	77A	(Repealed 78 of 1999 s. 7)	L.N. 320 of 1999	01/01/2000

Section:	78	Power to seize and dispose of unfit carcasses of slaughtered animals		30/06/1997

Section:	78A	Interpretation of Part VA	3 of 2009	08/05/2009

PART VA

ADDITIONAL POWERS IN RELATION TO FOOD

In this Part— “food” (食物) has the meaning given to it by section 2(1) but includes live poultry, live reptiles and live fish; “hazard” (危害) means a biological, chemical or physical agent in, or condition of, food with the potential to cause

an adverse health effect; “section 78B order” (第78B條命令) means an order made under section 78B(1) and, as the context requires, includes such an order as varied from time to time under section 78B(5);

“supply” (供應), in relation to food, means—

(a) to sell the food;

(b) to offer, keep or exhibit the food for sale;

(d) to transmit, convey or deliver the food in pursuance of—

(i) a sale; or

(ii) an exchange or disposal for consideration; or

(e) for commercial purposes, to give the food as a prize or to make a gift of the food. (Part VA added 3 of 2009 s. 2)

(1) The Authority may make an order to do any one or more of the following—

(a) prohibit the import of any food for the period specified in the order;

(b) prohibit the supply of any food for the period specified in the order;

(c) direct that any food supplied be recalled and specify the manner in which, and the period within which, the recall is to be conducted;

(d) direct that any food be impounded, isolated, destroyed or otherwise disposed of and specify the manner in which, and the period within which, the impounding, isolation, destruction or disposal is to be conducted;

(e) prohibit the carrying on of an activity in relation to any food, or permit the carrying on of such activity in accordance with conditions specified in the order, for the period specified in the order.

(2) The Authority may only make a section 78B order if the Authority has reasonable grounds at the time of making the order to believe that the making of the order is necessary to prevent or reduce a possibility of danger to public health or to mitigate any adverse consequence of a danger to public health.
(5): A section 78B order that is served on a person takes effect in relation to the person when it is served on the person.

Section:	78C	Manner of making section 78B orders, service and publication	3 of 2009	08/05/2009

(6) A section 78B order addressed as referred to in subsection (1)(b) or (c) takes effect at the time specified in

it. (Part VA added 3 of 2009 s. 2)

Section:	78D	Contravention of section 78B orders	3 of 2009	08/05/2009

(1) A person bound by a section 78B order who contravenes a term of the order commits an offence.

(2) It is not a defence for the person to show that the food concerned is the subject of a licence, permit or any other form of authorization issued or granted under this or any other Ordinance.

(3) It is a defence for an employee charged with an offence under subsection (1) to show that—

(a): the act done or omission made by the employee in contravention of a term of a section 78B order was done or made in the course of the employee’s employment and under instructions given by the employer in the course of that employment; and
(b): the employee was not, at the relevant time, in a position to make or influence a decision regarding that

act or omission. (Part VA added 3 of 2009 s. 2)

Section:	78E	Actions taken in relation to section 78B orders and provision of samples	3 of 2009	08/05/2009

(2): If any sample of food is provided to the Authority in compliance with a notice under subsection (1)(b), the Authority must pay to the person appearing to have the lawful custody of the food the market price of the sample, or if the market price is unknown or not readily ascertainable, a reasonable price.

(3) A person who, having been served with a notice under subsection (1)—

(a): fails to comply with the notice; or

commits an offence. (Part VA added 3 of 2009 s. 2)

Section:	78F	Power to obtain information or copies of documents	3 of 2009	08/05/2009

(1) If the Authority has reasonable grounds to believe that a person possesses any information or document that may assist the Authority in deciding whether to make, vary or revoke a section 78B order, the Authority may serve on the person a notice requiring the person to—

(a): provide the information specified in the notice within the period so specified; or
(b): produce the document specified in the notice at the time and place so specified and permit a public officer, authorized in writing in that behalf by the Authority, to take copies of the document at that time and place.

Cap 132 - PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE

(2) A person who, having been served with a notice under subsection (1)—

(a): fails to comply with the notice; or

commits an offence. (Part VA added 3 of 2009 s. 2)

(1): A person bound by a section 78B order who is aggrieved by the order may, within 28 days from becoming bound by the order, appeal to the Municipal Services Appeals Board against the order as originally made.
(2): A person bound by a section 78B order who is aggrieved by a variation of the order under section 78B(5) may, within 28 days from becoming bound by the variation, appeal to the Municipal Services Appeals Board against the order as so varied.

(Part VA added 3 of 2009 s. 2)

Section:	78I	Seizure, marking or destruction of food	3 of 2009	08/05/2009

(1): any reasonable costs incurred under subsection (1)(a), (b) or (c) as if those costs were a debt due to the Authority from that person.
(3): If a person removes, alters or obliterates any mark, seal or other designation affixed under subsection (1)(b), with intent to deceive any other person, the person commits an offence.
(4): Before a public officer destroys or otherwise disposes of any food or causes any food to be destroyed or otherwise disposed of under subsection (1)(c), the public officer must record a description and other details that are sufficient to identify the food, and the Authority must keep the record in the Authority’s custody for a period of not less than 12 months.
(5): In the case of any conviction for an offence under this Part, the court may order that any food to which the conviction relates, and any similar food found on the defendant’s premises or in the defendant’s possession at the time of the commission of the offence or of the seizure of the food in question, is to be forfeited, together with all packages in which the food is contained.

(6) Any food, and any package in which it is contained, forfeited under subsection (5) may be disposed of in

the manner specified by the Authority. (Part VA added 3 of 2009 s. 2)

Section:	78J	Liability of employers and principals	3 of 2009	08/05/2009

(1): An act done or omission made by an employee in the course of the employee’s employment is treated for the purposes of this Part as done or made by the employer, as well as by the employee.
(2): An act done or omission made by an agent of another person with the authority (whether express or implied and whether precedent or subsequent) of that other person is treated for the purposes of this Part as done or made by that other person, as well as by the agent.
(3): In any proceedings for an offence under this Part brought against a person in respect of an act or omission alleged to have been done or made by an employee or agent of the person, the person is liable to be convicted of and be punished for that offence unless the person establishes the defence described in subsection (4).

or the agent’s authority. (Part VA added 3 of 2009 s. 2)

Section:	78K	Codes of practice	3 of 2009	08/05/2009

(1) The Authority may issue any code of practice that in the Authority’s opinion is suitable for providing practical guidance in respect of this Part.

(3): The Authority may from time to time revise the whole or any part of a code of practice issued under

subsection (1).

(4) Subsection (2) applies, with the necessary modifications, in relation to any revision made under subsection

(3) as it applies in relation to the issue of a code of practice.

(5) The Authority may at any time revoke a code of practice issued under subsection (1).

(6) If a code of practice is revoked under subsection (5), the Authority must, by notice published in the Gazette

—
!

(a) identify the code; and

(b) specify the date on which the revocation is to take effect. (Part VA added 3 of 2009 s. 2)

Section:	78L	Use of codes of practice in legal proceedings	3 of 2009	08/05/2009

(1) A failure on the part of any person to observe any provision of a code of practice does not of itself render the person liable to any civil or criminal proceedings.

(2) However, if in any legal proceedings the court is satisfied that a provision of a code of practice is relevant to determining a matter that is in issue in the proceedings—

(a) the code of practice is admissible in evidence in the proceedings; and

(b) proof that the person contravened, or did not contravene, the provision may be relied on by any party to the proceedings as tending to establish or negate that matter.

(3) In any legal proceedings, a code of practice which appears to the court to be the subject of a notice under section 78K is taken to be the subject of that notice in the absence of evidence to the contrary.

(4) In this section— “code of practice” (實務守則) means a code of practice issued under section 78K(1) as revised from time to time under section 78K(3); “court” (法院) has the meaning given to it by section 3 of the Interpretation and General Clauses Ordinance (Cap 1) and includes a magistrate and the Municipal Services Appeals Board; “legal proceedings” (法律程序) includes proceedings of the Municipal Services Appeals Board for an appeal

under section 78G. (Part VA added 3 of 2009 s. 2)

Section:	79	Markets to which Ordinance applies, etc.	L.N. 320 of 1999	01/01/2000

PART VI

MARKETS AND HAWKERS

Markets

(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. (Amended 21 of 1973 s. 5; 9 of 1976 s. 8)

Section:	79A	Management of public markets		30/06/1997

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

(Added 21 of 1973 s. 6)

Section:	80	Regulations in relation to markets	L.N. 320 of 1999	01/01/2000

(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): 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.; (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)

Section:	80A	(Repealed 78 of 1999 s. 7)	L.N. 320 of 1999	01/01/2000

Section:	81	Market rules	L.N. 320 of 1999	01/01/2000

Section:	82	Seizure and forfeiture of articles, etc. in markets	29 of 1998	01/07/1997

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.

Expanded Cross Reference:
83A, 83AA, 83B, 84, 85, 86, 86A, 86B, 86C, 86D

Hawkers

For the purposes of sections 83A to 86D- <* Note - Exp. X-Ref.: Sections 83A, 83AA, 83B, 84, 85, 86, 86A,

86B, 86C, 86D *>

"commodity" (商品) means any goods, wares, or merchandise (including food and drink); and includes any sample of any such goods, wares, or merchandise;

"equipment" (設備) includes any stall, table, stool, chair, utensil, container, bin, or other furniture or paraphernalia used in connection with hawking; but does not include any commodity sold, or offered or exposed for sale, by a hawker;

"hawker offence" (小販罪行) means an offence against section 83B or against any regulations made under section 83A; "stall" (攤檔) includes any erection, structure, box, cart, barrow, trolley, bicycle, tricycle, van or other vehicle within the meaning of the Road Traffic Ordinance (Cap 374). (Amended 10 of 1995 s. 2) (Replaced 60 of 1972 s. 2)

(1) The Authority may make regulations for all or any of the following purposes-

(a) providing for the licensing of hawkers;

(b) providing for the classification of hawkers;

(c) restricting or prohibiting hawkers from carrying on business in any special place or area or otherwise than in any specified place or area;

(d) regulating or prohibiting the hawking of any specified commodities or services;

(e) prescribing conditions subject to which licensed hawkers may operate;

(f) providing for the employment by licensed hawkers of deputies and assistants;

(g) providing for the allocation of pitches to licensed hawkers, and for the erection by any such hawkers of stalls thereon, subject to such conditions as the Authority may specify (either generally or in any specific case);

(h) providing for the removal of hawkers and their equipment and commodities;

(i) providing for the court, on convicting a hawker of a hawker offence, to recommend to the Authority that the licence (if any) of the hawker be cancelled or suspended;

(j) (Repealed 49 of 1994 s. 18)

(k) providing for such other matters as may be necessary for the proper regulation and control of hawkers.

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

(a) provide that the places or areas to which the restrictions or prohibitions apply may be specified by a specified public officer by order published in the Gazette; and

(b) provide for other means (in addition to publication in the Gazette) for making those places or areas

known to the public. (Replaced 78 of 1999 s. 7) (Added 60 of 1972 s. 2)

Section:	83AA	(Repealed 78 of 1999 s. 7)	L.N. 320 of 1999	01/01/2000

Section:	83B	Commissioner for Transport may set aside streets for hawking purposes	59 of 2000	01/07/1997

Remarks:
Adaptation amendments retroactively made - see 59 of 2000 s. 3

(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

(a) by publishing it in one issue of the Gazette;

(b) by publishing it in 3 consecutive issues of at least one English language newspaper and one Chinese language newspaper;

(c) by causing copies of it to be exhibited in one or more conspicuous places in or in the immediate vicinity of the street.

(5) On the requirements of subsection (4) being satisfied-

(a) the Authority may allocate pitches in the street to hawkers (other than itinerant hawkers) licensed under regulations made pursuant to section 83A, subject to such conditions as may be specified by the Authority;

(b) the Commissioner for Transport may, if he thinks necessary, by further notice in the Gazette, order that-

(i) the street be closed to vehicular traffic; or

(ii) the street be closed to vehicular traffic travelling in such direction as he specifies in the notice, either at all times or at such times as he specifies in the notice.

(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. (Added 60 of 1972 s. 3)

Section:	84	Power of authorized public officers to arrest in certain cases	59 of 2000	01/07/1997

Remarks:
Adaptation amendments retroactively made - see 59 of 2000 s. 3

(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,

Cap 132 - PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE

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) (Amended 32 of 1963 s. 4)

Section:	85	Procedure for dealing with arrested person, etc.		30/06/1997

(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)

52 of the Police Force Ordinance (Cap 232) shall apply. (Replaced 32 of 1963 s. 5)

Section:	86	Seizure of hawker equipment and commodities from alleged offenders		30/06/1997

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

Section:	86A	Forfeiture of hawker equipment and commodities by the court		30/06/1997

not special to the offender as distinct from the offence, shall, in the case of any other hawker offence, make such an order.

(2) Where

(a): a person is charged with a hawker offence in respect of any equipment or commodity seized under section 86(1) is acquitted; or
(b): on the hearing of any such charge the court finds special reasons under subsection (1)(b) of this

section, 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.

(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.

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

86C. (Added 60 of 1972 s. 4)

Remarks:
Adaptation amendments retroactively made - see 59 of 2000 s. 3

(b): the claimant is dissatisfied with the amount of any payment made to him under either of those sections, 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.

(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.

(Added 60 of 1972 s. 4)

Section:	86D	Forfeiture by operation of law	59 of 2000	01/07/1997

Remarks:
Adaptation amendments retroactively made - see 59 of 2000 s. 3

Where

(a): no claim is made under section 86 or 86B in respect of any equipment or commodity seized under either of those sections within 48 hours after the date of the seizure; or
(b): such a claim having been made and refused, no application is made under section 86C(1) in respect of

the equipment or commodity within 14 days after the date of refusal, the equipment or commodity, or, in the case of a perishable commodity that has been disposed of under section 86(2) or 86B(2) by way of sale, the proceeds of sale, shall, unless the equipment or commodity has previously been returned to the person lawfully entitled to possession thereof or retained for disposal by the court under section 86A, be deemed on the expiry of the period of 48 hours or 14 days, as the case may be, to be forfeited to the Government.

(Added 60 of 1972 s. 4. Amended 59 of 2000 s. 3)

Section:	87	(Repealed 78 of 1999 s. 7)	L.N. 320 of 1999	01/01/2000

PART VII TENEMENTS, HOTELS AND BOARDING HOUSES (Repealed 78 of 1999 s. 7)

Section:	88	(Repealed 78 of 1999 s. 7)	L.N. 320 of 1999	01/01/2000

Section:	89	(Repealed 78 of 1999 s. 7)	L.N. 320 of 1999	01/01/2000

Section:	90	(Repealed 78 of 1999 s. 7)	L.N. 320 of 1999	01/01/2000

Section:	90A	(Repealed 78 of 1999 s. 7)	L.N. 320 of 1999	01/01/2000

Section:	91	(Repealed 78 of 1999 s. 7)	L.N. 320 of 1999	01/01/2000

Section:	92	(Repealed 78 of 1999 s. 7)	L.N. 320 of 1999	01/01/2000

Section:	92A	Prohibition of certain activities without licence	L.N. 320 of 1999	01/01/2000

PART VIIA
LICENSING OF CERTAIN ACTIVITIES

(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)

Section:	92AA	Regulations providing for exemption from section 92A		30/06/1997

The Authority may by regulation exempt any class or description of billiard establishment from the operation of section 92A. (Added 53 of 1988 s. 5)

Section:	92AB	Prohibition of any activity specified in Schedule 11A without licence	L.N. 320 of 1999	01/01/2000

No person shall conduct, or open or keep open, any place for the purpose of any activity specified in Schedule 11A except under and in accordance with a licence issued by the Authority. (Added 78 of 1999 s. 7)

Section:	92B	Regulations relating to licensed activity	L.N. 320 of 1999	01/01/2000

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

(a) the regulation and control of any activity or place in which any such activity specified in the Eleventh Schedule or Schedule 11A may be conducted; (Amended 78 of 1999 s. 7)

(b) classifying for the purposes of paragraph (a) any place or activity for which a licence may be issued;

(d) the form and conditions of any licence granted under this Part, the hours during which the activity licensed may be conducted and the period for which such licence shall be issued; (Amended 49 of 1994 s. 22)

(e) the lighting to be used in any place licensed under this Part and the general specifications and requirements to be satisfied in respect of such lighting, or to empower any specified officer to determine, at the time of the issue or renewal of any licence, the particular specifications and requirements to be satisfied in respect or such lighting in the place to which the licence relates;

(f) precautions to be taken against fire in any place licensed under this Part;

(g) maintenance of peace and good order in any place licensed under this Part;

(h) means of securing hygienic conditions and requiring the maintenance of such conditions in any place licensed under this Part;

(i) entry and inspection of any place licensed under this Part by any officer authorized by the Authority in that behalf.

Section:	92BA	(Repealed 78 of 1999 s. 7)	L.N. 320 of 1999	01/01/2000

Section:	92C	Offences	L.N. 320 of 1999	01/01/2000

(1) Any person who-

(a) fails to comply with any condition in a licence; or

(b) in an application for a licence, furnishes any information which he knows or has reason to believe to be false in any material particular or by reason of the omission of any material particular or furnishes any information without any belief in the truth or accuracy of the information supplied,

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)

Section:	92D	Liability of agents and servants		30/06/1997

Whenever any person to whom any licence or permit or authority has been issued or granted under this Part would be liable to any punishment, penalty or forfeiture for any act, omission, neglect or default, he shall be liable to the same punishment, penalty or forfeiture for every similar act, omission, neglect or default of any agent or servant employed by him in the course of his business, and every such agent or servant shall also be liable to every punishment, penalty or forfeiture prescribed for such acts, omissions, neglects or defaults as fully and effectually as if he had been the person to whom the licence or permit or authority had been issued or granted.

Section:	92E	Saving		30/06/1997

The provisions of this Part shall be in addition to and not in derogation of the provisions of any other enactment relating to or affecting any place, trade, business or occupation with respect to which this Part applies. (Part VIIA added 21 of 1973 s. 7)

Section:	93	Power of Authority to require provision of ventilating system in scheduled premises	L.N. 320 of 1999	01/01/2000

PART VIII

VENTILATION OF CERTAIN PREMISES

(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

(a) in the event of any failure to comply with the requirements of a notice given in respect of such premises under the provisions of subsection (1) or (2) within 6 months from the date thereof or within such further period as the Authority may allow;

(b) in the event of any failure to comply with any conditions imposed under the provisions of section 101. (Added 61 of 1974 s. 5)

(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-

(a) the capacity of the fan in cubic metres per minute;

(b) the outlet velocity of the fan in metres per minute;

(d) the speed of the fan pulley in revolutions per minute;

(e) the net area of the air intake;

(f) except where the premises are air-conditioned with positive pressure, the net area of exhaust in square metres; and (Added 48 of 1969 s. 6)

(g) the type of refrigerant (if any) to be used. (Added 61 of 1974 s. 6) (Amended L.N. 89 of 1979)

(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-

(a) the regulation and control of ventilating systems in scheduled premises;

(b) imposing requirements as to the design, construction, operation, maintenance and inspection of ventilating systems provided in scheduled premises.

(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-

(a) a contravention of any such regulation or of any condition imposed thereunder;

(b) a failure to maintain any standard of safety or efficiency imposed or required thereunder. (Added 61 of 1974 s. 7)

Section:	94	Certificate to be delivered to Authority in respect of new ventilating systems, and prohibition of alteration of ventilating system without permission		30/06/1997

Section:	94A	Regulations relating to ventilating systems in scheduled premises		30/06/1997

Section:	95	(Repealed 61 of 1974 s. 8)		30/06/1997

Section:	96	(Repealed 61 of 1974 s. 8)		30/06/1997

Section:	97	(Repealed 61 of 1974 s. 8)		30/06/1997

Section:	98	(Repealed 61 of 1974 s. 8)		30/06/1997

Section:	99	(Repealed 61 of 1974 s. 8)		30/06/1997

Section:	100	Power of authorized officers to carry out tests		30/06/1997

For the purposes of the provisions of this Part, any public officer authorized in writing in that behalf by the Authority and any officer of the Fire Services Department authorized in writing by the Director of Fire Services may carry out such tests of the ventilating system in any scheduled premises as may be necessary to ascertain whether or not the same is in safe and efficient working order.

(Amended 42 of 1961 s. 2)

Section:	101	Application of Part VIII to premises provided with ventilating systems at commencement of Ordinance, etc.		30/06/1997

(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)

Section:	102	Amendment of Second Schedule	59 of 2000	01/07/1997

Remarks:
Adaptation amendments retroactively made - see 59 of 2000 s. 3

The Chief Executive in Council may by order add any class of premises to, or delete any class of premises from, the Second Schedule, and may in like manner amend that Schedule. (Amended 59 of 2000 s. 3)

Section:	103	Saving in relation to Buildings Ordinance		30/06/1997

Nothing in this Part shall be taken or construed to the prejudice of the provisions of the Buildings Ordinance (Cap 123).

Section:	104	Regulations for control of advertisements		30/06/1997

PART IX

ADVERTISEMENTS, DECORATIONS AND SIGNS

(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

(a): the amenities of any place or locality;
(b): the natural beauty of a landscape;
(c): the view from any highway, railway, tramway, ferry or from any public place or water;
(d): the amenities of any village; or
(e): the amenities of any historic or public building or monument or of any place frequented by the public solely or chiefly on account of its beauty or historic interest.

(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 certain areas only, such areas shall be distinctly marked and shown on plan 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.

Section:	104A	Prohibition on display of bills or posters without permission	29 of 1998	01/07/1997

Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 105

(2): A person displaying or affixing a bill or poster in contravention of subsection (1) commits an offence. (Replaced 7 of 1980 s. 2)

Section:	104B	Duty to maintain bill or poster in clean and tidy condition	29 of 1998	01/07/1997

Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 105

(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.

(Added 7 of 1980 s. 3)

Section:	104C	Power to remove bills and posters		30/06/1997

(1) Where

(a) a bill or poster is displayed in contravention of section 104A(1); or

(b): a bill or poster is not maintained in a clean and tidy condition as required under section 104B(1), 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.

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-

(a) the bill or poster is displayed on land of which he is the owner or occupier; or

(b) the bill or poster gives publicity to his goods, trade, business or other concerns:

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.

(Added 7 of 1980 s. 3)

(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.

(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 structure, apparatus or hoarding used for the display of a bill or poster.

(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. (Added 7 of 1980 s. 3)

Section:	105	Provisions as to dangerous advertisement hoardings		30/06/1997

(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)

(3) Where

(a): the owner of any such hoarding, scaffolding or other structure, or his servant or agent is not known or cannot be readily found; or
(b): such hoarding, scaffolding or other structure is, in the opinion of the Authority, in such a state that it

ought immediately to be removed or rendered safe, 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)

Section:	105A	Provision for stadia	L.N. 197 of 2004	12/02/2005

PART IXA

STADIA

(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)
(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.
(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.

Section:	105B	Management of stadia		30/06/1997

Cap 132 - PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE

Section:	105C	Allocation and granting of stadium or parts thereof		30/06/1997

Section:	105D	Regulations relating to stadia		30/06/1997

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

(a): the management and control, including the closing or partial closing, of any stadium;
(b): the fixing of the times during which any stadium, or any part thereof, may be open to members of the public;
(c): the preservation of good order and discipline and prevention of nuisance in any stadium;
(d): the control (including prohibition) of trading, advertising or the erection of structures in any stadium; the removal, storage and sale of any trading, advertising or construction materials that are brought into or remain in a stadium in contravention of any regulations made under this section; the recovery of any costs incurred in respect of such removal, storage and sale; and the forfeiture of the proceeds of sale. (Replaced 45 of 1981 s. 2)

(Part IXA added 21 of 1973 s. 8)

Section:	105E	Authority may specify conditions for the use of stadia, etc.	L.N. 320 of 1999	01/01/2000

The Authority may specify the conditions to be observed in the use of-

(a): a stadium;
(b): a part of a stadium; or
(c): any facilities provided in a stadium or part of a stadium. (Replaced 78 of 1999 s. 7)

Section:	105F	(Repealed 78 of 1999 s. 7)	L.N. 320 of 1999	01/01/2000

Section:	105G	Provision for museums		30/06/1997

PART IXB
MUSEUMS, LIBRARIES AND CIVIC CENTRES

Museums

The Authority may, by order published in the Gazette, designate any building, or part of a building, or area as a museum. (Part IXB added 21 of 1973 s. 8. Amended 9 of 1976 s. 10)

Section:	105H	Management of museums		30/06/1997

(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. (Replaced 66 of 1982 s. 2)

Section:	105I	Regulations relating to museums	L.N. 320 of 1999	01/01/2000

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

(a): the fixing of days and hours during which the public may be admitted to a museum, or any part thereof;
(b): the closing or partial closing of a museum;
(c): the regulation of admission of any person, animal, bird, fish or thing to a museum, or any part thereof; (Amended 66 of 1982 s. 3)
(d): the regulation of the borrowing, copying, photographing or reproduction of exhibits; (Amended 66 of 1982 s. 3)
(e): the regulation of the use of any exhibit or facility in a museum;
(f): the regulation of the conduct of persons and the prevention of nuisances in a museum; (Amended 66 of 1982 s. 3)
(g): the protection of a museum and the exhibits, fittings and furniture therein, and any other contents

thereof, from damage, destruction or loss;
(ga) the assessment and recovery of-

(i): the amount to be paid by way of compensation for any damage or loss sustained by the Government by reason of the fact that any part of, or any fitting, furniture or other thing in, a museum, or any exhibit, has been damaged, destroyed or lost; and (Amended 10 of 1986 s. 12; 78 of 1999 s. 7)
(ii): a surcharge not exceeding 20% of such amount; (Added 66 of 1982 s. 3)

(h): the circumstances in which a person may be refused the use of any facility in a museum; (Amended 78 of 1999 s. 7)
(i): the circumstances under which any person may be refused entry into a museum or directed to leave a museum, or any part thereof; (Amended 66 of 1982 s. 3)
(l): the prevention of obstruction of the staff of a museum in the performance of their duties;
(m): appeal against any decision, direction or requirement made or given by a public officer in accordance with regulations made under this section;

(n) the general regulation and management of a museum. (Part IXB added 21 of 1973 s. 8)

Section:	105J	(Repealed 78 of 1999 s. 7)	L.N. 320 of 1999	01/01/2000

Section:	105K	Provision for and management of libraries		30/06/1997

Libraries

(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)

(Part IXB added 21 of 1973 s. 8)

Section:	105L	Regulations relating to libraries	L.N. 320 of 1999	01/01/2000

(1) The Authority may make regulations for any of the following purposes

(a) prescribing the powers, duties and functions of the librarian;

(b) fixing the hours during which any library shall be open to the public;

(c) regulating admission to any library or any part thereof or the use of any library or any part thereof or any of the equipment, facilities or library material provided in any library;

(d) regulating the lending and borrowing of library material in any library;

(e) requiring a guarantee or security to be given by any person borrowing library material from a library;

(f) regulating the conduct of persons in any library;

(g) protecting any library and the fittings, furniture, equipment and library material therein, and any other contents thereof, from damage;

(h) providing for the assessment and recovery of-

(i) the amount to be paid by way of compensation for the loss or damage sustained by the Government by reason of the fact that any fitting, furniture, equipment or library material has been lost, damaged or destroyed; and (Amended 10 of 1986 s. 13; 78 of 1999 s. 7)

(ii) a surcharge not exceeding 20% of such amount;

(i) enabling any person to be refused the use of any library or any of the equipment, facilities or library material in any library and the removal from a library of any person;

(j) stipulating the terms on which articles may be deposited in a library for safe-keeping whilst any person is in the library;

(k) providing for the penalties to be paid by any person in respect of the borrowing of library material from any library, the use or reservation of library material in any library, the deposit of articles in a library for safe-keeping and the use of rooms, equipment or facilities provided in any part of any library; (Amended 49 of 1994 s. 24)

(l) providing for the general regulation and management of any library.

(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. (Replaced 50 of 1979 s. 4)

Section:	105LA	(Repealed 78 of 1999 s. 7)	L.N. 320 of 1999	01/01/2000

Section:	105M	Provision for civic centres	L.N. 197 of 2004	12/02/2005

Civic Centres

(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. (Part IXB added 21 of 1973 s. 8. Amended 9 of 1976 s. 10)

Section:	105N	Management of civic centres		30/06/1997

(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. (Replaced 45 of 1981 s. 3)

Section:	105O	Regulations relating to civic centres		30/06/1997

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

(a): the fixing of the days of the week and the hours of the day during which any civic centre or any part thereof may be open to members of the public;
(c): the general regulation and management of civic centres and any facilities provided therein. (Part IXB added 21 of 1973 s. 8)

Section:	105P	Authority may specify conditions for the use of civic centres, etc.	L.N. 320 of 1999	01/01/2000

The Authority may specify the conditions to be observed in the use of-

(a): a civic centre;
(b): a part of a civic centre; or
(c): any facilities provided in a civic centre or part of a civic centre. (Replaced 78 of 1999 s. 7)

Section:	105Q	Grant of use of civic centres		30/06/1997

Notwithstanding any power to make regulations under section 105O or to specify conditions conferred by section 105P, the Authority may grant, either gratuitously or for payment, to any person the exclusive use of any part of a civic centre for such period or periods and for such purposes as the Authority may consider fit in each case; and admission by the public to any such part, the exclusive use of which has been so granted, shall be either with or without payment as may be directed either by the Authority or, with the consent of the Authority, by the person to whom the use thereof has been so granted.

Cap 132 - PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE

(Part IXB added 21 of 1973 s. 8)

Section:	105R	(Repealed 78 of 1999 s. 7)	L.N. 320 of 1999	01/01/2000

Section:	105S	(Repealed 78 of 1999 s. 7)	L.N. 320 of 1999	01/01/2000

Section:	105T	(Repealed 78 of 1999 s. 7)	L.N. 320 of 1999	01/01/2000

Section:	106	Provision of public pleasure grounds	L.N. 197 of 2004	12/02/2005

PART X

PUBLIC PLEASURE GROUNDS

(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.
(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. (Amended 9 of 1976 s. 10)

Section:	107	Management and control of public pleasure grounds	L.N. 320 of 1999	01/01/2000

Remarks:
Adaptation amendments retroactively made - see 59 of 2000 s. 3

(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.
(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.

Section:	108	Temporary closure of public pleasure grounds, etc.		30/06/1997

(2) The Authority may, on the application of any school, club or association or of any individual person,

Cap 132 - PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE

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-

(a) any playing field or playing pitch demarcated under the provisions of section 107 for the conduct of organized games and sports;

(b) any tennis court in any public pleasure ground, any facilities provided under the provisions of section 107 for physical or other recreation or any other part of any public pleasure ground, other than a playing field or playing pitch demarcated under the provisions of that section for the conduct of organized games and sports.

Section:	109	Regulations relating to public pleasure grounds		30/06/1997

The Authority may in relation to public pleasure grounds, make regulations prescribing or providing for

(a) proper management and control, including closure or partial closure;

(b) preservation of good order and prevention of abuses and nuisances;

(d) the control (including prohibition) of fishing at any beach;

(e) the control (including prohibition) of the use of vessels, boats or other means of water transport, including water-skis and models, at any beach;

(f) (Repealed 49 of 1994 s. 26)

(g) the seizure and disposal of any vehicle, vessel, animal or other article or thing in respect of which any regulation made under this section is contravened.

Section:	109A	(Repealed 78 of 1999 s. 7)	L.N. 320 of 1999	01/01/2000

Section:	110	Public pleasure ground rules	L.N. 320 of 1999	01/01/2000

(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.

Section:	111	Appointment and powers of keepers		30/06/1997

Section:	111A	Interpretation of this Part	29 of 1998	01/07/1997

Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 105

PART XA

STREET NAMES

In this Part, unless the context otherwise requires-

"private street" (私家街道) means a street on land held under Government lease, licence or otherwise from the Government or on land over which the Government has granted or reserved a right of way; (Amended 29 of 1998 s. 105)

"street" (街道) includes a private street and any area of land declared to be a street by the Director of Highways. (Amended L.N. 76 of 1982; L.N. 127 of 1986)

Section:	111B	Proposal of private street name	L.N. 320 of 1999	01/01/2000

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

(a) a name of a private street that has not been named; or

(b) a change of name of a private street that has been named, 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

(a) make a declaration under section 111C(1)(a) or (b), as the case may be; or

(b) refuse to make a declaration.

(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

(a) assign a name to a street that has not been named; or

(b) change the name of a street that has been named.

(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-

(a) contain a brief description of the proposal to change the street name;

(b) specify an address for service of objections to the proposal;

(d) be published

(i) in the Gazette; and

(ii) by posting it in both the English and Chinese languages in a prominent place in or near the street or part of the street which will be affected by the proposed declaration.

(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)

Section:	111C	Declaration of street name	L.N. 320 of 1999	01/01/2000

Section:	111D	Penalty for marking or displaying other street name		30/06/1997

Where the Authority has declared a street name under section 111C(1), any person who marks or displays any other street name other than that street name so declared on a building or erection in the street commits an offence. (Part XA added 40 of 1980 s. 2)

Section:	112	Restriction upon the keeping of dead bodies in domestic premises		30/06/1997

PART XI DISPOSAL OF THE DEAD

General

(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

(a) subject to the provisions of section 16(1) of the Births and Deaths Registration Ordinance (Cap 174), cause a notice in the form of Form E specified in the Seventh Schedule to be served on a person who has the right to effect the disposal of any human remains, requiring him to cause them to be lawfully buried or cremated within such period as may be specified in the notice; and

(b) if the human remains referred to in the notice are not lawfully buried or cremated within the period specified in the notice, take possession of the human remains and arrange for their disposal in any manner it may think fit.

(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-

(a) no person who has the right to dispose of the human remains is in Hong Kong or can be readily ascertained or found; or (Amended 10 of 1986 s. 24)

(b) every person who has the right to dispose of the human remains is under disability.

(3) Any person who-

(a) fails to comply with a notice served on him under subsection (1)(a); or

(b) after the expiration of any period specified in a notice under subsection (1)(a), has in his possession

without the written permission of the Authority any human remains to which the notice relates, 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.

(Added 48 of 1969 s. 7)

Remarks:
Adaptation amendments retroactively made - see 59 of 2000 s. 3

Cemeteries

(1) The places specified in Parts I and III of the Fifth Schedule shall be places set apart for use as public cemeteries.; (3) The Chief Executive in Council may by order amend, or add any cemetery to or delete any cemetery from, the Fifth Schedule. (Amended 59 of 2000 s. 3)
(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.
(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)
(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.

Section:	114	Plans and demarcations of cemeteries	L.N. 197 of 2004	12/02/2005

Section:	115	General management and closure of public cemeteries and Commonwealth War Graves Commission Cemeteries		30/06/1997

Section:	116	Regulations relating to cemeteries		30/06/1997

(3) Regulations made under subsection (1) shall not apply in relation to any Commonwealth War Graves

Commission Cemetery. (Added 12 of 1994 s. 6) (Amended 48 of 1969 s. 8; 49 of 1972 s. 2)

Section:	116A	(Repealed 78 of 1999 s. 7)	L.N. 320 of 1999	01/01/2000

Section:	117	Public cemetery and Commonwealth War Graves Commission Cemetery rules	L.N. 320 of 1999	01/01/2000

(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.
(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)

Section:	118	Prohibition of unauthorized burials and exhumations		30/06/1997

Provided that the consent of the Secretary for Home 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)

(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)

Section:	118A	(Repealed 78 of 1999 s. 7)	L.N. 320 of 1999	01/01/2000

Section:	119	Power of Chief Executive in Council to direct removal and disposal of human remains	59 of 2000	01/07/1997

Remarks:

Cap 132 - PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE

Adaptation amendments retroactively made - see 59 of 2000 s. 3

(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)

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

War Graves Commission. (Added 12 of 1994 s. 8) (Amended 59 of 2000 s. 3)

Section:	119A	Power of Authority to direct removal and disposal of human remains		30/06/1997

The Authority may by order direct the removal, from any grave situated within a public cemetery, of any human remains or any urn or other receptacle containing any human remains, which have been interred therein for a period of not less than 6 years, and may direct the disposal thereof in such decent manner as he may think fit:

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. (Added 9 of 1976 s. 11)

Section:	120	Removal of coffins, etc.		30/06/1997

When any human remains are moved under the provisions of this Part, it shall be lawful to move also any coffin, urn or other receptacle in which such human remains are contained and any monument or enclosure over or surrounding the same.

Section:	121	Disposal of exhumed bodies	L.N. 211 of 1998	04/05/1998

(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)

(Replaced 57 of 1967 Schedule)

Section:	122	Defrayal of expenses of reburial, etc.	L.N. 320 of 1999	01/01/2000

Remarks:
Adaptation amendments retroactively made - see 59 of 2000 s. 3

Whenever, pursuant to any powers conferred by this Part, the Chief Executive in Council, or the Authority, or a magistrate, has caused any human remains to be exhumed or removed, the expenses of exhumation or removal, and of reburial or disposal, shall be defrayed out of the general revenue.

(Replaced 9 of 1976 s. 12. Amended 10 of 1986 s. 16; 78 of 1999 s. 7; 59 of 2000 s. 3)

Section:	123	Regulations in relation to mortuaries		30/06/1997

Mortuaries

(1) The Authority may make regulations in relation to mortuaries prescribing or providing for-

(a): registration or licensing and inspection and control (including prohibition) of mortuaries;
(b): the reception, treatment and custody of human remains;
(c): the maintenance, inspection and custody of registers of human remains received into mortuaries;
(d): the regulation and control of the transportation of human remains to or from any mortuary or to or from any other place.
(e): (Repealed 49 of 1994 s. 32)

(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.

Section:	123A	Public funeral halls		30/06/1997

The Authority may, by order published in the Gazette, designate any mortuary operated by the Authority as a public funeral hall. (Added 3 of 1978 s. 2)

Section:	123AA	(Repealed 78 of 1999 s. 7)	L.N. 320 of 1999	01/01/2000

Section:	123B	Management of public funeral halls		30/06/1997

The management and control of every public funeral hall shall be vested in the Authority.

(Added 3 of 1978 s. 2)

Section:	123C	Regulations as to public funeral halls		30/06/1997

The Authority may make regulations in relation to public funeral halls prescribing or providing for-

(a): the reception, treatment and custody of human remains;
(b): the management and operation of public funeral halls including the exclusion or removal of persons therefrom;
(c): (Repealed 49 of 1994 s. 34)
(d): the persons by whom and the conditions upon which the facilities of public funeral halls may be used;
(e): the maintenance of good order in public funeral halls. (Added 3 of 1978 s. 2)

Section:	123D	(Repealed 78 of 1999 s. 7)	L.N. 320 of 1999	01/01/2000

Section:	124	Right of Authority to dispose of unclaimed dead bodies		30/06/1997

(1) Where a person who has the right to effect the disposal of the human remains of any person-

(b): having made a claim to possession of the human remains within such period of 48 hours, does not take possession of the human remains and remove them from the mortuary within 48 hours after he has made the claim,

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.

Section:	124A	Government and private crematoria		30/06/1997

Cremation and crematoria

(1): The places specified in Part V of the Fifth Schedule shall be Government crematoria.
(2): The places specified in Part VI of the Fifth Schedule shall be authorized private crematoria.
(3): The places specified in Part VII 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 V, VI and VII of

the Fifth Schedule. (Amended 9 of 1976 s. 13) (Added 21 of 1973 s. 9)

Section:	124B	Management of Government crematoria and Gardens of Remembrance		30/06/1997

The management and control of Government crematoria and Gardens of Remembrance shall be vested in the Authority. (Added 21 of 1973 s. 9)

Section:	124C	Use of crematoria		30/06/1997

No building or place shall be used as a crematorium other than-

(a): a Government crematorium;
(b): an authorized private crematorium; or
(c): a building or place in respect of which the Authority shall have granted special and written permission, upon such terms and conditions as it thinks fit, to some person, society or institution to use the same for the cremation of the human remains or class of human remains specified in such permit.

(Added 21 of 1973 s. 9)

Section:	124D	Provision for hearing objections where application for crematorium in certain locations or adding facilities in an existing crematorium	L.N. 320 of 1999	01/01/2000

(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)

(Added 21 of 1973 s. 9. Amended 78 of 1999 s. 7)

Section:	124E	Regulations relating to cremation and crematoria		30/06/1997

(1) The Authority may make regulations for any of the following matters-

(a): the maintenance and inspection of crematoria;
(b): the cases in which and conditions under which the burning of any human remains may take place;
(c): the disposal or interment of the ashes resulting from any such burning;
(d): the forms of the notices, certificates and declarations to be given or made before any such burning is permitted to take place, such declarations to be made under and by virtue of the Oaths and Declarations Ordinance (Cap 11);
(e): (Repealed 49 of 1994 s. 36)
(f): the registration of the burnings;
(g): closing of crematoria, other than Government crematoria, and delegation of authority to order such closure.

(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.

Section:	124EA	(Repealed 78 of 1999 s. 7)	L.N. 320 of 1999	01/01/2000

Section:	124F	Offences		30/06/1997

(Added 21 of 1973 s. 9)

Section:	124G	Fees and charges to be part of funeral expenses		30/06/1997

The prescribed fees, and charges and expenses properly incurred in or in connection with the cremation of a deceased person, shall be deemed to be part of the funeral expenses of the deceased. (Added 21 of 1973 s. 9)

Section:	124H	Saving for coroner		30/06/1997

Nothing in this Part shall interfere with any jurisdiction or power of any coroner to order the cremation of a body, and nothing in this Part shall authorize any person to create or permit a nuisance. (Added 21 of 1973 s. 9)

Section:	124I	Authority may prescribe fees and charges	L.N. 320 of 1999	01/01/2000

PART XIA

FEES AND CHARGES

(1) The Authority may by regulation provide for the fees and charges payable in connection with the following-

(a): scavenging or conservancy services;
(b): the registration or licensing of latrines, bathhouses or the use of latrines or bathhouses;
(c): the registration or licensing of offensive trades;
(d): the registration or licensing of swimming pools;
(f): the services provided in or in connection with public slaughterhouses;
(g): the registration or licensing of private slaughterhouses;
(h): the inspection or examination of animals or carcasses and for anything done in connection with or consequent on any inspection or examination;
(i): the licensing or registration of the operation of private markets;
(j): the licensing of hawkers and the allocation and use of hawker pitches or stalls, the issue of a pitch card or a hawker's badge (including the issue of a duplicate of or any endorsement of or amendment to a pitch card or a hawker's badge) or the appointment of a hawker's deputy;
(k): the licensing of any activity specified in Schedule 11A;
(l): the burial of human remains;
(m): in relation to a public cemetery, the setting up of monuments or enclosures over or around graves and construction of vaults or urns or for obtaining a copy of entry in a register of graves in a public cemetery;
(n): the grant of permission to exhume human remains;
(o): the registration or licensing of mortuaries;
(p): the use of a public funeral hall or the use of services provided in or in connection with the use of a public funeral hall;
(q): the cremation of human remains in any crematorium;
(r): the disposal or interment of ashes resulting from the cremation of human remains in a crematorium;
(s): the placing in a crematorium or garden of remembrance of any monument, tablet, inscription, receptacle for flowers or other ornament;
(t): the insertion of an inscription in a book kept at a garden of remembrance for recording commemorative inscriptions;
(u): the planting in a crematorium or garden of remembrance of any tree, shrub or plant.

(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. (Part XIA added 78 of 1999 s. 7)

(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-

(a) fees and charges payable in connection with the admission to a venue or facility specified in Schedule 16

(i): of members of a club, institution, association or other organization as members thereof; or
(ii): for a commercial purpose; or

(b) fees and charges payable in connection with the use of a venue, service or facility specified in Schedule 16

(i): by members of a club, institution, association or other organization as members thereof;
(ii): for games, sports or other activity organized or arranged by or on behalf of a club, institution, association or other organization;

(iii) for trading or advertising; or

(iv) for a commercial purpose.

(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.

Section:	124K	Authority may determine fees and charges with approval of Financial Secretary	L.N. 320 of 1999	01/01/2000

(3) The Authority may publish in any manner the Authority considers fit any fees or charges determined under

subsection (1), for information. (Part XIA added 78 of 1999 s. 7)

Section:	124L	Authority may prescribe fees and charges	L.N. 320 of 1999	01/01/2000

(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. (Part XIA added 78 of 1999 s. 7)

Section:	124M	Financial Secretary may reduce or waive fees or charges	L.N. 320 of 1999	01/01/2000

The Financial Secretary or any public officer under his delegated authority may generally or in a particular case reduce or waive a fee or charge prescribed under section 124I, 124J or 124L or determined under section 124K or refund, in whole or in part, any such fee or charge.

(Part XIA added 78 of 1999 s. 7)

Section:	124N	Interpretation of Part XIB	L.N. 320 of 1999	01/01/2000

PART XIB

LICENSING APPEALS BOARD

(Replaced 78 of 1999 s. 7)

In this Part, unless the context otherwise requires- "Board" (委員會) means the Licensing Appeals Board established under section 125A; "Chairman" (主席) means the person appointed to that office under section 125A(2); "secretary" (秘書) means the secretary to the Board appointed under section 125I(1); "Vice-Chairman" (副主席) means the person appointed to that office under section 125A(2).

(Added 78 of 1999 s. 7)

(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)

(a) be made, granted or renewed subject to such requirements, conditions or restrictions as the licensing authority may think fit to impose for the purpose of carrying out the objects of this Ordinance, and may, for the like purpose, include a declaration by the licensing authority waiving the application of any of the provisions of any regulation made under this Ordinance; (Amended 9 of 1976 s. 14; 69 of 1985 s. 2)

(b) be refused, suspended or cancelled at the sole discretion of the licensing authority for the purpose of carrying out the objects of this Ordinance, but no registration, licence or permit shall be suspended or cancelled for any cause other than the contravention of any of the provisions of this Ordinance or of any requirement, condition or restriction to which such registration, licence or permit was subject. (Amended 69 of 1985 s. 2)

(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) (a) The renewal of any registration, licence or permit, if application therefor is made by the lawful holder on or before the date of expiry thereof accompanied by the fee or charge (if any) prescribed therefor, shall not be

(i) refused unless notice in writing of its intention to refuse the same has been served by the licensing authority upon such holder not less than 90 days preceding the date of expiry of such registration, licence or permit, except where any of the requirements, conditions or restrictions to which such registration, licence or permit was subject has been contravened within the period of 90 days immediately preceding such date of expiry, in which case no such notice shall be required;

(ii) subject to additional or alternative conditions to those imposed in the registration, licence or permit in respect of which the application for renewal is made unless notice in writing of its intention to impose additional or alternative conditions has been served by the licensing authority upon such holder not less than 90 days preceding the date of expiry of such registration, licence or permit.

(b) Where application for renewal of any registration, licence or permit is not made or any fee or charge prescribed in respect thereof is not paid on or before the date of expiry thereof, renewal of the same may be refused without notice. (Added 69 of 1985 s. 2)

(3) Subject to the provisions of any regulations made under this Ordinance, every registration, licence or permit shall be transferable.
(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 32), the licensing authority may also cancel such registration, licence or permit if the corporation has ceased to be so registered. (Amended 10 of 1986
(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)
(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. (Added 78 of 1999 s. 7)

(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. (Added 78 of 1999 s. 7)

Section:	125C	How the Board is to be constituted for the purposes of an appeal	L.N. 320 of 1999	01/01/2000

(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-

(a): the Chairman or Vice-Chairman; and
(b): 4 other members nominated under subsection (2).

(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. (Added 78 of 1999 s. 7)

Section:	125D	Parties to an appeal	L.N. 320 of 1999	01/01/2000

The parties to an appeal are the appellant and the licensing authority from whose decision the appeal is brought. (Added 78 of 1999 s. 7)

Section:	125E	Provisions applicable to a hearing	L.N. 320 of 1999	01/01/2000

(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. (Added 78 of 1999 s. 7)

Section:	125F	Board to give reasons for decision	L.N. 320 of 1999	01/01/2000

(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. (Added 78 of 1999 s. 7)

Section:	125G	Board may make rules	L.N. 320 of 1999	01/01/2000

(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. (Added 78 of 1999 s. 7)

Cap 132 - PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE

Section:	125H	Meetings of the Board other than appeal hearings	L.N. 320 of 1999	01/01/2000

At a meeting of the Board, other than an appeal hearing or a meeting for the purposes of section 125B(5)-

(a): the quorum shall be not less than half the members of the Board for the time being;
(b): the Chairman or Vice-Chairman shall preside;
(c): decisions are to be made by a majority of the members present and voting; and
(d): the person presiding has a casting vote. (Added 78 of 1999 s. 7)

Section:	125I	Staff	L.N. 130 of 2007	01/07/2007

Remarks: For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.

(1) The Secretary for Food and Health may appoint- (Amended L.N. 106 of 2002)

(a): a secretary to the Board; and
(b): such other staff as the Secretary for Food and Health considers necessary.

(2) The Secretary for Food and Health 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.

(Added 78 of 1999 s. 7. Amended L.N. 106 of 2002; L.N. 130 of 2007)

Section:	126	General powers of entry	L.N. 320 of 1999	01/01/2000

PART XII

MISCELLANEOUS (Added 78 of 1999 s. 7)

(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)

(a): for the purpose of ascertaining whether there is, or has been, on or in connection with the premises, vehicle, vessel or aircraft any contravention of the provisions of this Ordinance, being provisions which it is the duty of the authorizing authority to enforce;
(b): for the purpose of ascertaining whether or not circumstance exist which would authorize or require the authorizing authority to take any action, or execute any work, under the provisions of this Ordinance, and for this purpose, such officer may take and carry away samples of any article or thing, including water, found there;
(c): for the purpose of taking any action, or executing any work, authorized or required by the provisions of this Ordinance to be taken or executed by the authorizing authority;
(d): for the purpose of carrying out any tests the carrying out of which is authorized under the provisions of this Ordinance;
(e): generally, for the purpose of the performance by the authorizing authority of his functions under the provisions of this Ordinance: (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-

(a) that admission to any premises or vessel has been refused or that refusal is apprehended, or that such premises are unoccupied or such vessel unattended, as the case may be, or that the occupier or attendant is temporarily absent, or that the case is one of urgency, or that an application for admission 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.; and

(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.
(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-

(a) the person by reason of whose act, default or sufferance the nuisance arose or continues; and

(b) the owner and the occupier of the premises or vessel on which the nuisance exists, 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-

(a): the nuisance to which the notice relates arose by reason of the wilful act or default of that person; or
(b): that person fails to comply with any of the requirements of the notice within the period specified

therein, 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-

(a): that person fails to comply with any of the requirements of the notice within the period specified therein; or
(b): the nuisance to which the order relates, although abated since the service of the notice, is, in the

opinion of the Authority, likely to recur on the same premises or vessel, 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) (a) Any person who fails without reasonable excuse to comply with, or knowingly contravenes, a nuisance order shall be guilty of an offence.

(b) Without prejudice to the provisions of paragraph (a), where a nuisance order has not been complied with, the Authority may abate the nuisance and may do whatever may be necessary in execution of the order, and may recover any expenses reasonably incurred thereby from the person against whom the order was made.

(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-

(b): in the event of an appeal against a nuisance order which requires the execution of structural work, no work shall, save as hereinafter mentioned, be done under the order until after the determination or abandonment of the appeal:

Provided that, if the court by which the order was made is of opinion that the continuance of the nuisance to which it relates will be injurious or dangerous to health and that the immediate abatement thereof will not cause any injury which cannot be compensated by damages, the court may, notwithstanding that the appeal is pending, authorize the Authority immediately to abate the nuisance, so, however, that-

(i): if the appeal is allowed, the Authority shall pay to the person against whom the order was made the amount of any damage sustained by him by reason of the abatement of the nuisance by the Authority; and
(ii): if the appeal is dismissed or abandoned, the Authority may recover from the said person the expenses incurred by it in abating the nuisance.

(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.

(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)

permit or any provision of this Ordinance, 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.
(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)

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

(13): Any food, article or thing taken into the possession or 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)
(c): has not been continuously complied with from the 8th day after such service, 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)

(Amended 78 of 1999 s. 7)

(1) This section and sections 128B, 128C and 128D apply to

(a) any premises used as food premises that are required to be licensed under the Food Business Regulation (Cap 132 sub. leg. X);

(b) any premises

(i) on or from which any restricted food specified in Schedule 2 to the Food Business Regulation (Cap 132 sub. leg. X) is sold or offered or exposed for sale; or

(ii) on which any such food is possessed for sale or for use in the preparation of any article of food for sale;

(c) any premises used as a slaughterhouse that is required to be licensed under the Slaughterhouses Regulation (Cap 132 sub. leg. BU);

(d) any premises on which there is carried on a business as a milk factory as mentioned in section 14(2) of the Milk Regulation (Cap 132 sub. leg. AQ);

(e) any premises on which any frozen confection as defined in section 3 of the Frozen Confections Regulation (Cap 132 sub. leg. AC) is manufactured.

(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-

(a) because of the location, construction or state of the premises, the condition of the premises is such that it renders any food supplied on or from, or handled or possessed on, the premises to be so contaminated or tainted that it is unfit for human consumption;

(b) the water used in preparing food or in washing utensils comes from an unapproved source or from a source that, as shown from inspection findings, data from epidemiological investigation or other laboratory evidence, is contaminated with pathogens, biotoxins, chemicals or other substances, rendering any food supplied on or from, or handled or possessed on, the premises to be unfit for human consumption;

(c) as shown from inspection findings, data from epidemiological investigation or other laboratory evidence, any food supplied on or from, or handled or possessed on, the premises is contaminated with pathogens, biotoxins, chemicals or other substances rendering the food unfit for human consumption; and

(d) the premises are infested with vermin to such extent that any food supplied on or from, or handled or possessed on, the premises is contaminated or tainted, and becomes unfit for human consumption.

(4) In subsections (2) and (3)

(a) a reference to food supplied on or from any premises includes food sold, or offered or exposed for sale, on or from the premises;

(b) a reference to food handled on any premises includes food manufactured on the premises; and

use in the preparation of any article of food for sale. (Added 1 of 2002 s. 3)

(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.
(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.

which is not met out of the proceeds of any sale under subsection (15). (Added 1 of 2002 s. 3)

(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-

(a): in respect of any premises in respect of which a closure order has been made, the immediate health hazard has been eliminated and the use of the premises or the activity to be conducted on the premises has been licensed or permitted under any of the subsidiary legislation mentioned in section 128B(1); or
(b): the premises will not be used for any purpose mentioned in section 128A(1) and no activity mentioned in section 128A(1) will be conducted on the premises in contravention of any of the subsidiary legislation mentioned in section 128A(1),

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.
(c): any arrangements made under subsection (13)(c), 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. (Added 1 of 2002 s. 3)

Remarks: For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.

(1): There is established an appeal board to be known as the Appeal Board on Closure Orders (Immediate Health Hazard).
(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).
(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.

authorized by the party in writing. 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-

(a): the Chairman or a Deputy Chairman, who shall preside; and
(b): 2 other persons, selected in rotation from the panel referred to in subsection (4), who are appointed by the Chairman to hear the appeal.

(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.
(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.

The rules so made are subsidiary legislation. (Added 1 of 2002 s. 3)

Save as otherwise expressly provided by this or some other enactment, where it appears to any public officer who is an Authority for the purposes of any of the provisions of this Ordinance expedient for carrying out the purposes of this Ordinance, such public officer may in his discretion and at the request of any person, undertake on behalf of such person any work or render any service, and may recover the cost thereof from such person in the manner provided by section 130.

(Amended 78 of 1999 s. 7)

Remarks:
Adaptation amendments retroactively made - see 59 of 2000 s. 3

(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.
(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.

(Amended 78 of 1999 s. 7)

Section:	131	Name in which certain proceedings may be brought	L.N. 320 of 1999	01/01/2000

Remarks:
Adaptation amendments retroactively made - see 59 of 2000 s. 3

(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)

Section:	132	Institution and conduct of certain proceedings	L.N. 320 of 1999	01/01/2000

Any public officer in whose name proceedings for an offence under any of the provisions of this Ordinance or any regulations made thereunder may be brought may authorize in writing, either generally or in any particular case, any public officer to institute on behalf of such public officer any such proceedings before any court or to conduct on behalf of such public officer any such proceedings before any court, and any public officer so authorized may institute such proceedings and may conduct them before any court notwithstanding the provisions of the Legal Practitioners Ordinance (Cap 159).

(Amended 78 of 1999 s. 7)

Section:	133	Disposal of property coming into possession of certain public officers	L.N. 320 of 1999	01/01/2000

Where, under any of the provisions of this Ordinance, any public officer who is an Authority for the purposes of any of the provisions of this Ordinance comes into possession of any property, section 102 of the Criminal Procedure Ordinance (Cap 221) shall, unless the manner of disposal of the same is otherwise expressly provided, apply as if such public officer were the police within the meaning of that section and such property were property which had come into the possession of the police in connection with a criminal offence.

(Amended 78 of 1999 s. 7)

Section:	134	Service of notices		30/06/1997

Unless otherwise expressly provided, any order, notice, demand, certificate or other document required to be served under the provisions of this Ordinance may be served either-

(a): by delivering it to the person on whom it is to be served;
(b): by sending it by registered post addressed to the last known place of business or residence of the person to be served;
(c): by leaving it with an adult occupier of the premises or place to which the notice relates or by posting it upon a conspicuous part of such premises or place:

Provided that, in addition to or in substitution for any such method of service, publication in the Gazette of any such order, notice, demand, certificate or other document, together with such particulars of the person to whom it is addressed as may be available, shall be deemed to be good service.

Section:	135	Authentication and production in evidence of documents	L.N. 320 of 1999	01/01/2000

(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)

(Amended 78 of 1999 s. 7)

Section:	136	Presumption as to employment of servants		30/06/1997

Any person who appears to be employed in or about any premises, or any part of any premises, in respect of which any licence or permit is granted under this Ordinance shall be deemed, until the contrary is shown, to be a servant of the person to whom such licence or permit was granted.

Section:	137	Offences by corporations		30/06/1997

Where an offence under this Ordinance, or any regulations or order made under this Ordinance, which has been committed by a corporation is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the corporation, or of any person who was purporting to act in any such capacity, he, as well as the corporation, shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Section:	137A	Application of Summary Offences Ordinance (Cap. 228) and Public Order Ordinance (Cap. 245)		30/06/1997

Any part of a stadium, museum, library or civic centre to which from time to time the public has access, whether on payment or otherwise, shall, during such time, be deemed to be a public place for the purposes of the Summary Offences Ordinance (Cap 228) and the Public Order Ordinance (Cap 245).

(Added 21 of 1973 s. 11)

Section:	138	Protection for public servants acting in good faith	59 of 2000	01/07/1997

Remarks:

Cap 132 - PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE

Adaptation amendments retroactively made - see 59 of 2000 s. 3

A public officer shall not be personally liable in respect of any act done by him in the execution or purported execution of this Ordinance and within the scope of his employment, if he did that act in the honest belief that his duty under this Ordinance required or entitled him to do it:

Provided that nothing in this section shall be construed as relieving the Government from liability in respect of the acts of its servants. (Amended 59 of 2000 s. 3)

Section:	139	Obstruction of officers in the exercise of their duty		30/06/1997

Any person who wilfully obstructs, resists, or uses abusive language to, any person acting in the execution of his duties under this Ordinance, or under any order or warrant made or issued thereunder, shall, in any case for which no other provision is made by this Ordinance, be guilty of an offence.

Section:	140	Onus of proving vaccination or inoculation		30/06/1997

Where, under the provisions of this Ordinance, any person is required to be vaccinated, inoculated or otherwise immunized against disease, the onus of proving that such vaccination, inoculation or immunization has been performed shall rest upon the person required to be so vaccinated, inoculated or immunized, as the case may be.

Section:	141	Proceedings against several persons	L.N. 320 of 1999	01/01/2000

(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.

Section:	142	Delegation of powers	L.N. 320 of 1999	01/01/2000

Any public officer may delegate any power, function, authority or discretion conferred upon him by the provisions of this Ordinance, other than a power to make regulations, to any public officer or class of public officers. (Amended 78 of 1999 s. 7)

Section:	143	General powers relating to regulations	59 of 2000	01/07/1997

Remarks:
Adaptation amendments retroactively made - see 59 of 2000 s. 3

Regulations made under this Ordinance may provide

(a): that contravention of any of the provisions of such regulations shall constitute an offence and may prescribe penalties therefor not exceeding a fine at level 6 and imprisonment for 6 months, and, in the case of a continuing offence, a daily penalty of $1500, and, in the case of an offence in respect of any premises, trade or business, for the closing of such premises or the discontinuance of such trade or business; (Amended 57 of 1978 s. 5; 37 of 1987 s. 3; L.N. 177 of 1996)
(b): for the name in which proceedings for an offence against any of such regulations may be brought; and
(c): for appeal by way of petition to the Chief Executive or to the Chief Executive in Council. (Amended 59 of 2000 s. 3)

Section:	144	(Repealed 78 of 1999 s. 7)	L.N. 320 of 1999	01/01/2000

Section:	144A	Restriction on certain powers	29 of 1998 s. 105	01/07/1997

Remarks:
Amendments retroactively made - see 29 of 1998 s. 105

The Authority shall not exercise the powers conferred by sections 42A(1), 76A(1), 79(3), 105A(1), 105G, 105K(1), 105M(1), 106(1), and 124A(4) in relation to any premises which are the subject of a Government lease without the consent of the lessee thereof.

(Added 21 of 1973 s. 12. Amended 70 of 1977 s. 3; 29 of 1998 s. 105)

Section:	145	(Repealed 78 of 1999 s. 7)	L.N. 320 of 1999	01/01/2000

Section:	146	Chief Executive in Council empowered in any appeal to state case for opinion of Court of Appeal on question of law	25 of 1998; 59 of 2000	01/07/1997

Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2; 59 of 2000 s. 3

(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)

(Amended 92 of 1975 s. 59; 59 of 2000 s. 3)

Section:	147	Forms	59 of 2000	01/07/1997

Remarks:
Adaptation amendments retroactively made - see 59 of 2000 s. 3

(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.
(b): within a specified period after, 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.

Section:	148	Transitional provisions with respect to offences and certain notices		30/06/1997

Section:	149	(Repealed 78 of 1999 s. 7)	L.N. 320 of 1999	01/01/2000

Section:	150	Penalties		30/06/1997

Any person who is guilty of an offence under any of the provisions of this Ordinance specified in the first column of the Ninth Schedule shall be liable on summary conviction to the penalty specified in relation thereto in the second column of that Schedule, and, where the offence is a continuing offence, shall be liable, in addition, to the fine specified in relation thereto in the third column of that Schedule for each day during which it is proved to the satisfaction of the court that the offence has continued.

Section:	151	(Repealed 78 of 1999 s. 7)	L.N. 320 of 1999	01/01/2000

Section:	152	(Repealed 78 of 1999 s. 7)	L.N. 320 of 1999	01/01/2000

Section:	153	(Repealed 78 of 1999 s. 7)	L.N. 320 of 1999	01/01/2000

Section:	154	Transitional	L.N. 320 of 1999	01/01/2000

Any reference in subsidiary legislation made under this Ordinance to prescribed fee or fee determined under section 124K includes a reference to a fee continued in force under section 9(2) of the Provision of Municipal Services (Reorganization) Ordinance (Cap 552) as if prescribed under section 124I, 124J or 124L or determined under section 124K, as the case may be, until the relevant fee is replaced under section 124I, 124J, 124K or 124L.

(Added 78 of 1999 s. 7)

Schedule:	1	SCHEDULED OFFENCES		30/06/1997

[sections 2 & 84]

Section 51A(4) and (5)

Section 54(1)

Regulations made under section 55, 56, 80(1) or 83A

Section 83B

Section 128(3)

Section 128(10)(a)

Section 139

Sections 4A and 5 of the Summary Offences Ordinance (Cap 228) (Replaced L.N. 276 of 1978. Amended L.N. 264 of 1986; 76 of 1988 s. 4)

[sections 2, 93 & 102]
No. of cubic metres per hour
Class of premises	for each person who may be
	accommodated in the premises
Restaurants	17
Dancing establishments	17
Theatres	13
Cinemas	13
Funeral parlours	17
Factory canteens	17
	(Amended 61 of 1974 s. 12; L.N. 89 of 1979; L.N. 366 of 1989)

Remarks: For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.

[section 3]

Section Designated Authorities

4 Director of Drainage Services
5 Director of Drainage Services
6 Director of Drainage Services
7 Director of Drainage Services
9 Director of Drainage Services

10 Director of Drainage Services
13 Director of Food and Environmental Hygiene
14 Director of Food and Environmental Hygiene
15 Secretary for Food and Health
20 Director of Food and Environmental Hygiene
22 Director of Food and Environmental Hygiene
22A Director of Food and Environmental Hygiene
23 Director of Food and Environmental Hygiene
23A Director of Food and Environmental Hygiene
24 Director of Food and Environmental Hygiene
26 Secretary for Food and Health
27 Director of Food and Environmental Hygiene
28 Secretary for Food and Health
29 Secretary for Food and Health

30 Director of Food and Environmental Hygiene 32 Director of Food and Environmental Hygiene 33 Director of Food and Environmental Hygiene 34 Director of Food and Environmental Hygiene 35 Secretary for Food and Health 36 Director of Food and Environmental Hygiene 37 Director of Food and Environmental Hygiene 38 Director of Food and Environmental Hygiene 42 Secretary for Home Affairs in respect of public swimming pools and the Secretary for Food

and Health in respect of other swimming pools 42A Director of Leisure and Cultural Services 42B Director of Leisure and Cultural Services 43 Director of Leisure and Cultural Services 44 Director of Leisure and Cultural Services 46 Director of Food and Environmental Hygiene 47 Director of Food and Environmental Hygiene 48 Director of Food and Environmental Hygiene 49 Secretary for Food and Health 51A Director of Food and Environmental Hygiene 56 Director of Food and Environmental Hygiene, but in respect of drugs, Director of Health 56A Director of Health 58 Director of Food and Environmental Hygiene, but in respect of drugs, Director of Health 59 Director of Food and Environmental Hygiene, but in respect of drugs, Director of Health 62 Director of Food and Environmental Hygiene, but in respect of drugs, Director of Health 69 Director of Food and Environmental Hygiene, but in respect of drugs, Director of Health 70 Director of Food and Environmental Hygiene, but in respect of drugs, Director of Health 75 Director of Food and Environmental Hygiene, but in respect of drugs, Director of Health 76A Director of Food and Environmental Hygiene 76B Director of Food and Environmental Hygiene 77 Secretary for Food and Health 78 Director of Food and Environmental Hygiene 78B Director of Food and Environmental Hygiene 78E Director of Food and Environmental Hygiene 78F Director of Food and Environmental Hygiene 78G Director of Food and Environmental Hygiene 78H Director of Food and Environmental Hygiene 78I Director of Food and Environmental Hygiene 78K Director of Food and Environmental Hygiene 79(1), (3) and Director of Food and Environmental Hygiene

(5) 79A Director of Food and Environmental Hygiene 80 Secretary for Food and Health 81 Director of Food and Environmental Hygiene 82 Director of Food and Environmental Hygiene 83A Secretary for Food and Health, but the Director of Food and Environmental Hygiene for

section 83A(1)(g) and (i) 83B Director of Food and Environmental Hygiene 84 Director of Food and Environmental Hygiene 86 Director of Food and Environmental Hygiene 86B Director of Food and Environmental Hygiene 92A Director of Leisure and Cultural Services 92AA Secretary for Home Affairs 92AB Director of Food and Environmental Hygiene 92B Secretary for Home Affairs in respect of any activity specified in the Eleventh Schedule and

the Secretary for Food and Health in respect of any activity specified in Schedule 11A 93 Director of Food and Environmental Hygiene 94 Director of Food and Environmental Hygiene 94A Secretary for Food and Health 100 Director of Food and Environmental Hygiene 101 Director of Food and Environmental Hygiene 104 Secretary for Food and Health 105 Director of Buildings 105A Director of Leisure and Cultural Services 105B Director of Leisure and Cultural Services 105C Director of Leisure and Cultural Services 105D Secretary for Home Affairs 105E Director of Leisure and Cultural Services 105G Director of Leisure and Cultural Services 105H Director of Leisure and Cultural Services 105I Secretary for Home Affairs 105K Director of Leisure and Cultural Services 105L Secretary for Home Affairs 105M Director of Leisure and Cultural Services 105N Director of Leisure and Cultural Services 105O Secretary for Home Affairs 105P Director of Leisure and Cultural Services 105Q Director of Leisure and Cultural Services 106(1) and Director of Leisure and Cultural Services

(6)
(4)

Schedule 115 Director of Food and Environmental Hygiene in respect of cemeteries specified in Part I of the Fifth Schedule 116 Secretary for Food and Health in respect of cemeteries specified in Parts I and II of the Fifth

Schedule 117 Director of Food and Environmental Hygiene 118(1) and Director of Food and Environmental Hygiene

(4) 118(2) Director of Food and Environmental Hygiene in respect of cemeteries specified in Parts I, II and IVA of the Fifth Schedule 119A Director of Food and Environmental Hygiene in respect of cemeteries specified in Part I of

the Fifth Schedule 121 Director of Food and Environmental Hygiene 123 Secretary for Food and Health 123A Director of Food and Environmental Hygiene 123B Director of Food and Environmental Hygiene 123C Secretary for Food and Health 124 Director of Food and Environmental Hygiene 124A Director of Food and Environmental Hygiene 124B Director of Food and Environmental Hygiene 124C Director of Food and Environmental Hygiene 124D Director of Food and Environmental Hygiene 124E Secretary for Food and Health 124I Secretary for Food and Health 124J Secretary for Home Affairs 124K(1) Director of Leisure and Cultural Services 124K(3) Director of Leisure and Cultural Services 124L Secretary for Home Affairs

Director of Food and Environmental Hygiene 128B Director of Food and Environmental Hygiene 128C Director of Food and Environmental Hygiene 128D Director of Food and Environmental Hygiene

(Schedule 3 replaced 78 of 1999 s. 7. Amended L.N. 106 of 2002; 1 of 2002 s. 4; L.N. 130 of 2007; 3 of 2009 s. 3)

[sections 2 & 106]

Public pleasure grounds (other than bathing beaches)

Hong Kong Island (Amended L.N. 177 of 2007)

Aberdeen Boulder's Corner Rest Garden Aberdeen Praya Road Sitting-out Area Aberdeen Promenade Aberdeen Reservoir Road Garden Aberdeen Reservoir Road Sitting-out Area Aberdeen Sports Centre Aberdeen Sports Ground Aberdeen Tennis & Squash Centre Aberdeen Waterfront Garden Admiralty Garden Aldrich Bay Children's Playground Aldrich Bay Playground Aldrich Bay Promenade Aldrich Street Playground Amoy Street Sitting-out Area Ap Lei Chau Bridge Road Playground Ap Lei Chau Main Street Temporary Sitting-out Area Ap Lei Chau Park Ap Lei Chau Service Reservoir Playground Ap Lei Chau Sports Centre Ap Lei Chau Waterfront Promenade Ap Lei Chau Wind Tower Park Apleichau Bridge (North) Children's Playground Basel Road Playground Belcher Bay Park Belcher's Street Sitting-out Area Big Wave Bay Picnic Area Bisney Road Children's Playground Blake Gardens Blue Pool Road Sitting-out Area Bonham Road Rest Garden Bowen Road Fitness Trail Bowen Road Garden

Bowen Road Lovers' Stone Garden

Bowen Road Park

Bowen Road Temporary Playground

Bowen Road Temporary Sitting-out Area

Bowen Road Tennis Courts

Bowrington Road Market Roof-top Children's Playground

Braemar Hill Road Playground

Braemar Hill Road Sitting-out Area

Brewin Path Temporary Playground

Bridges Street Market Children's Playground

Broadwood Road Rest Garden

Bullock Lane Sitting-out Area

Cadogan Street Temporary Garden

Caine Lane Garden

Caine Road Garden

Caine Road Sitting-out Area

Catchick Street Garden

Causeway Bay Sports Ground

Cenotaph, the

Central and Western District Promenade-Sheung Wan Section

Central Pier Waterfront Centre Street Sitting-out Area Chai Wan North Service Reservoir Playground Chai Wan Park Chai Wan Pool-side Garden Chai Wan Road Children's Playground Chai Wan Road Roundabout Garden Chai Wan Road Sitting-out Area No. 1 Chai Wan Road Sitting-out Area No. 2 Chai Wan Road Temporary Rest Garden Chai Wan Sports Centre Chater Garden Chater Road Sitting-out Area Cheung Man Road Rest Garden Ching Wah Street Sitting-out Area Choi Sai Woo Park Chung Hom Kok Beach Children's Playground Chung Hom Kok Park Chung Wo Lane Sitting-out Area Church Street Sitting-out Area Clarence Terrace Children's Playground Cleverly Street Sitting-out Area Cloud View Road Service Reservoir Playground Cochrane Street Sitting-out Area Comfort Terrace Rest Garden Conduit Road Children's Playground Conduit Road Rest Garden Conduit Road Service Reservoir Playground Connaught Garden Coombe Road Children's Playground Dragon Road Sitting-out Area Eastern Hospital Road Sitting-out Area Eastern Hospital Road Temporary Rest Garden Electric Road/Hing Fat Street Amenity Plot Electric Road Sitting-out Area Elgin Street Children's Playground Factory Street Playground Fat Hing Street Children's Playground Fei Tsui Road Sitting-out Area Finnie Street Sitting-out Area Fleming Road Garden Forbes Street Temporary Playground Fortress Hill Playground Fortress Hill Road Garden Fu Hong Street Sitting-out Area Fung Mat Road Sitting-out Area Gloucester Road/Cannon Street Sitting-out Area Gloucester Road Garden Gough Hill Path Children's Playground Graham Street Sitting-out Area Green Lane Service Reservoir Sitting-out Area Greig Road Sitting-out Area Guildford Road Rest Garden Hang Fa Chuen Playground Happy Valley Recreation Ground Harbour Road Garden Harbour Road Sports Centre Harcourt Garden Hatton Road Sitting-out Area Headland Road/Repulse Bay Road Garden Healthy Village Playground Hennessy Road/Johnston Road Sitting-out Area Hennessy Road Playground Heung Yip Road Sitting-out Area High West Picnic Area (temporary) Hill Road Garden Hill Road Rest Garden Hing Wah Estate Playground No. 1 Hoi Ning Street Sitting-out Area Hollywood Road Children's Playground Hollywood Road Park Hong Cheung Street Sitting-out Area Hong Fu Playground Hong Kong Park Hong Kong Park Sports Centre Hong Kong Squash Centre Hong Kong Tennis Centre Hong Kong Zoological and Botanical Gardens Hung Shing Street Rest Garden Island East Sports Centre Java Road Playground Java Road Sports Centre Ka Ning Path Garden Ka Wai Man Road Garden Ka Wai Man Road Sitting-out Area Kam Wah Street Rest Garden Kau U Fong Children's Playground Kennedy Road Playground Kennedy Street Sitting-out Area Kennedy Town Playground Kennedy Town Service Reservoir Playground Kennedy Town Temporary Recreation Ground Ki Ling Lane Children's Playground King George V Memorial Park, Hong Kong King's Road Amenity Plot King's Road Playground Kotewall Road Rest Garden Kotewall Road Sitting-out Area Kwai Fong Street Playground Kwong Hon Terrace Garden Kwong Ming Street Children's Playground Kwun Hoi Path Sitting-out Area Lambeth Walk Rest Garden Lan Kwai Fong Sitting-out Area Lau Sin Street Temporary Sitting-out Area Law Uk Folk Museum Rest Garden Lee Nam Road Sitting-out Area No. 1 Lee Nam Road Sitting-out Area No. 2 Lei King Wan Sitting-out Area Lei Yue Mun Park Li Sing Street Playground Lin Fa Kung Garden Lin Fa Kung Street East Sitting-out Area Lockhart Road Playground Lockhart Road Sports Centre Lok Hing Lane Temporary Sitting-out Area Lok Man Road Sitting-out Area Lower Albert Road Sitting-out Area Lun Fat Street Rest Garden Lun Fat Street Sitting-out Area Magazine Gap Road Garden Magazine Gap Service Reservoir Playground Man Hong Street Playground Miu Tung Street Sitting-out Area Mong Lung Street Sitting-out Area Monmouth Park Monmouth Terrace Playground Monmouth Terrace Sitting-out Area Moreton Terrace Temporary Playground Morrison Hill Road Playground Mount Austin Playground Mount Austin Road Rest Garden Mount Butler Sitting-out Area Mount Davis Playground Mount Davis Service Reservoir Sitting-out Area Mount Davis Sitting-out Area No. 1 Mount Davis Sitting-out Area No. 2 Mount Davis Sitting-out Area No. 3 Mount Davis Temporary Sitting-out Area Mount Parker Road Sitting-out Area Mui Fong Street Children's Playground Mui Fong Street Sitting-out Area Nam Fung Road Rest Garden Nam Long Shan Road Children's Playground and Rest Garden Nam Long Shan Road Rest Garden

Nam Long Shan Road Sitting-out Area

Nam Ning Street Sitting-out Area

Nam On Street Sitting-out Area

Nam On Street/Sun Sing Street Sitting-out Area

Ngoi Man Street Sitting-out Area

Ning Foo Street Amenity Area

North Point Ferry Concourse Promenade

North Point Market Roof-top Children's Playground

North Point Salt Water Service Reservoir Sitting-out Area

North Point Service Reservoir Playground

North Point Vehicular Ferry Pier Playground

Oaklands Avenue Sitting-out Area

Old Main Street Rest Garden

Old Peak Road Rest Garden

Pak Fuk Road Playground

Pak Fuk Road Safety Town

Peak Firing Range Picnic Area

Peak Road Garden

Peel Rise Rest Garden

Perkins Road Sitting-out Area

Pier 3 Garden

Pier Road Sitting-out Area

Plantation Road Garden

Pok Fu Lam Road Playground

Pok Fu Lam Road Sitting-out Area

Pok Fu Lam Village Sitting-out Area No. 1

Pok Fu Lam Village Sitting-out Area No. 2

Pokfield Road Sitting-out Area

Provident Garden

Quarry Bay Park

Quarry Bay Reservoir Garden

Quarry Bay Sports Centre

Quarry Bay Wilson Trail Sitting-out Area

Queen Street Rest Garden

Queen's Road East Garden

Queen's Road East/Hennessy Road Sitting-out Area

Repulse Bay Beach Children's Playground

Repulse Bay Gardens

Robinson Road/Seymour Road Sitting-out Area

Robinson Road Sitting-out Area

Rock Hill Street Sitting-out Area

Rose Lane Children's Playground

Sai On Lane Children's Playground

Sai On Lane Rest Garden

Sai Wan Ho Harbour Park

Sai Wan Ho Playground

Sai Wan Ho Sports Centre

Sai Woo Lane Playground

Sai Ying Pun Post Office Building Children's Playground

Sai Yuen Lane Sitting-out Area

Sam Ka Lane Children's Playground

San Ha Street Sitting-out Area

San Shi Street Sitting-out Area

Sassoon Road Rest Garden Shaukiwan Road Children's Playground Shaukiwan Road Sitting-out Area Shau Kei Wan Market Building Sitting-out Area Shau Kei Wan Market Roof-top Children's Playground Shau Kei Wan Service Reservoir Playground Shek O Beach Sitting-out Area Shek O Headland Picnic Area Shek O Road Lookout Shek O Village Children's Playground Shek O Village Sitting-out Area Shek Pai Wan Estate Playground No. 1 Shek Pai Wan Road Amenity Plot Shek Pai Wan Road Playground Shek Tong Tsui Sports Centre Sheung Fung Lane Sitting-out Area Sheung On Street Playground Sheung Wan Sports Centre Ship Street Playground Shum Wan Road Sitting-out Area Sing Woo Road Rest Garden Sitting-out Area at Aberdeen Main Road/Ap Lei Chau Bridge Flyover Sitting-out Area under Flyover in Bonham Road Sitting-out Area under Flyover in Hill Road Sitting-out Area under Flyover in Pok Fu Lam Road Siu Sai Wan Promenade Siu Sai Wan Road Garden Siu Sai Wan Sports Ground Smithfield Road Children's Playground Smithfield Sports Centre So Kon Po Recreation Ground South Bay Road Garden South Bay Road Rest Garden Southern District San Wai Village Sitting-out Area Southorn Playground Sports Road Garden Spring Garden Lane Sitting-out Area St. Stephen's Beach Water Sports Centre Stanley Beach Road Children's Playground Stanley Beach Road Sitting-out Area Stanley Link Road Sitting-out Area Stanley Main Beach Water Sports Centre Stanley Main Street Sea-front Sitting-out Area Stanley Market Road Sitting-out Area Stanley New Street/Stanley Village Road Sitting-out Area Stanley Promenade Stanley Sports Centre Stanley Village Road Garden Statue Square Gardens Stone Nullah Lane Garden Stubbs Road Children's Playground Stubbs Road Garden Stubbs Road Lookout Stubbs Road Sitting-out Area Sun Pat Kan Sitting-out Area Sun Yat Sen Memorial Park

Sun Yat Sen Memorial Park Community Garden

Sung Hing Lane Children's playground

Tai Hang Drive Playground

Tai Hang Drive Sitting-out Area

Tai Hang Road/Blue Pool Road Children's Playground

Tai Hang Road Children's Playground

Tai Hang Road Rest Garden

Tai Lok Street Sitting-out Area

Tai Man Street Sitting-out Area

Tai Ping Shan Lions View Point Pavilion

Tai Tam Reservoir Road Sitting-out Area

Tai Tam Road/Chai Wan Road Amenity Plot

Tai Wo Street Playground

Tai Wong Street East Sitting-out Area

Tak Yan Street Children's Playground

Third Street Playground

Third Street Sitting-out Area

Tin Chiu Street Children's Playground

Tin Chiu Street Playground

Tin Hau Temple Garden

Tin Hau Temple Road Garden No. 1

Tin Hau Temple Road Garden No. 2

Tin Hau Temple Road Garden No. 3

Tin Hau Temple Road/Fortress Hill Road Garden

Tin Hau Temple Road Park

Tin Hau Temple Road Sitting-out Area

Tin Wan Estate Playground

Tin Wan Market Roof-top Children's Playground

Tong Shui Road Garden

Tung Hei Road Children's Playground

Tung Lo Wan Garden

Tung Lo Wan Road Sitting-out Area

Tung Wah Centenary Square Garden

Tunnel Approach Rest Garden

Upper Kai Lun Wan Temporary Sitting-out Area

Upper Station Street Sitting-out Area

Ventris Road Garden

Victoria Park

Victoria Park Tennis Court

Victoria Peak Garden

Wa On Lane Sitting-out Area

Wah Chui Street Sitting-out Area

Wah Lam Path Sitting-out Area

Wai Tsui Crescent Community Garden

Wan Chai Gap Park

Wan Chai Gap Road Playground

Wan Chai Park

Wan Chai Sports Ground

Wan Chai Temporary Promenade

Wan Tsui Road Amenity Plot

Waterfall Bay Park

Watson Road Rest Garden

West End Park

Western Park Sports Centre

Wharf Road Rest Garden Whitfield Road Rest Garden

Whitty Street Children's Playground

Wing Lee Street Rest Garden

Wing Lee Street Sitting-out Area

Wing Ning Street Sitting-out Area

Wing Tai Road Garden

Wong Chuk Hang Recreation Ground

Wong Chuk Hang Road Garden

Wong Chuk Hang Service Reservoir Rest Garden

Wong Chuk Hang Sports Centre

Wong Ma Kok Road Playground

Wong Ma Kok Road Temporary Sitting-out Area

Wong Nai Chung Gap Sitting-out Area

Wong Nai Chung Reservoir Park

Wong Nai Chung Reservoir Park Fitness Trail

Wong Nai Chung Road Crescent Garden

Wong Nai Chung Road Rest Garden

Wong Nai Chung Road Sitting-out Area

Wong Nai Chung Sports Centre

Wun Sha Street Children's Playground

Yee Shing Lane Temporary Sitting-out Area

Yee Tai Street Sitting-out Area

Yip Kan Street Sitting-out Area

Yiu Hing Road Sitting-out Area

Yue Kwong Road Sports Centre

Yuk Kwai Shan Service Reservoir Sitting-out Area

Kowloon

Anchor Street Playground Argyle Street Playground Arran Street Sitting-out Area Arthur Street Temporary Playground Astor Plaza Garden Battery Street Sitting-out Area Beech Street Sitting-out Area Berwick Street Sitting-out Area Boundary Street Amenity Plot Boundary Street Recreation Ground Boundary Street Sports Centre No. 1 Boundary Street Sports Centre No. 2 Broadcast Drive Garden Broadcast Drive Playground Canton Road/Dundas Street Sitting-out Area Canton Road/Nelson Street Sitting-out Area Canton Road Playground Canton Road/Soy Street Sitting-out Area Carmel Village Street Garden Carpenter Road Park Castle Peak Road/Ching Cheung Road Rest Garden Castle Peak Road Sitting-out Area Changsha Street Sitting-out Area Chatham Road/Winslow Street Sitting-out Area Cherry Street Park Cherry Street Sitting-out Area Cheung Sha Wan Path Sitting-out Area

Cheung Sha Wan Playground

Cheung Sha Wan Road/Cheung Shun Street Playground

Cheung Sha Wan Road/Lai Chi Kok Road Flyover Amenity Plot

Cheung Sha Wan Sports Centre

Ching Cheung Road Extension Amenity Plot

Choi Hei Road Park

Choi Hung Road Badminton Centre

Choi Hung Road Interchange Amenity Plot

Choi Hung Road Playground

Choi Hung Road Sports Centre

Choi Wan Road Sitting-out Area

Choi Wing Road Park

Chui Yu Road Rest Garden Chuk Yuen Sports Centre Chun Wah Road Sports Centre Clear Water Bay Road Central Strip Clear Water Bay Road Temporary Sitting-out Area Cornwall Street Children's Playground Cornwall Street/Ede Road Garden Cornwall Street Park Cornwall Street Squash and Table Tennis Centre Cox's Road Children's Playground Diocesan Boys' School Approach Road Sitting-out Area Dorset Crescent Rest Garden Dundas Street Sitting-out Area East Kowloon Way Flyover Rest Garden Ede Road Playground Elegance Road Garden Essex Crescent Rest Garden Fa Hui Park Fa Yuen Street Sports Centre Fan Wa Street Sitting-out Area Fan Wa Street Temporary Sitting-out Area Fat Kwong Street Garden No. 1 Fat Kwong Street Garden No. 2 Fat Kwong Street Playground Fat Kwong Street Sitting-out Area Fat Kwong Street Sports Centre Fei Fung Street Sitting-out Area Ferry Street Playground Fuk Wah Street Rest Garden Fuk Wing Street Rest Garden Fung Mo Interchange Amenity Plot Fung Tak Park Gascoigne Road/Nathan Road Rest Garden (Stage I) Hamilton Street Rest Garden Hammer Hill Park Hammer Hill Road Sports Ground Hau Wong Temple Rest Garden Heng Lam Street Sitting-out Area Hing Wah Street Playground Hip Wo Street/Mut Wah Street Sitting-out Area Hiu Kwong Street Children's Playground Hiu Kwong Street Park Strip Hiu Kwong Street Recreation Ground Hiu Kwong Street Rest Garden Hiu Kwong Street Sports Centre Hiu Ming Street Playground Ho Man Tin East Service Reservoir Playground Ho Man Tin High Level Service Reservoir Playground Ho Man Tin Hill Road Rest Garden Ho Man Tin Park Ho Man Tin Sports Centre Hoi Bun Road Park Hoi Bun Road Sitting-out Area Hoi Lai Temporary Garden Hoi Sham Park Hong Keung Street Rest Garden Hong Lee Road Rest Garden Hong Ning Road Children's Playground Hong Ning Road Garden No. 1 Hong Ning Road Garden No. 2 Hong Ning Road Park Hong Ning Road Recreation Ground Hong Ning Road Rest Garden Hong Tat Path Garden Hung Hom Municipal Services Building Sports Centre Hung Hom South Road Rest Garden Hung Ling Street Sitting-out Area Hutchison Park Inverness Road Garden Ivy Street Rest Garden Jordan Valley Park Jordan Valley Playground Junction Road/Fu Keung Street Sitting-out Area Junction Road Park Kai Cheung Road Sitting-out Area Kai Tak East Playground Kai Tak East Sports Centre Kai Tin Road Sitting-out Area Kam Fung Street Sitting-out Area Kam Shing Road Recreation Ground Kau Pui Lung Road Playground Kent Road Garden King Fuk Street Sitting-out Area King George V Memorial Park, Kowloon King Lam Street Sitting-out Area King Wan Street Playground King's Park High Level Service Reservoir Playground King's Park Hockey Ground King's Park Rest Garden King's Park Rise Garden King's Park Recreation Ground Ko Chiu Road Rest Garden Ko Shan Road Park Kowloon Bay Park Kowloon Bay Playground Kowloon Bay Sports Centre Kowloon Bay Sports Ground Kowloon City Road Flyover Sitting-out Area Kowloon City Sports Centre Kowloon Park Kowloon Park Drive Children's Playground Kowloon Park Drive Rest Garden Kowloon Park Sports Centre Kowloon Tsai Park Kowloon Tsai Sports Ground Kowloon Walled City Park Kung Lok Road Amenity Plot Kung Lok Road Playground Kwai Chung Road Flyover Amenity Plot Kwei Chow Street/Yuk Yat Street Sitting-out Area Kwong Lee Road Playground Kwun Chung Sports Centre Kwun Tong Ferry Pier Square Kwun Tong High Level Service Reservoir Garden Kwun Tong Promenade Kwun Tong Road Amenity Plot (outside Kai Yip Estate) Kwun Tong Road Children's Playground Kwun Tong Road/Hip Wo Street Rest Garden Kwun Tong Road/Ngau Tau Kok Road Amenity Plot Kwun Tong Road Rest Garden Kwun Tong Road Sitting-out Area Kwun Tong Road/Ting On Street Temporary Amenity Plot Laguna Park Lai Chi Kok Garden Lai Chi Kok Interchange Amenity Plot Lai Chi Kok Park Lai Chi Kok Park Sports Centre Lai Chi Kok Road/Canton Road Garden Lai Chi Kok Road Interchange Flyover Amenity Plot Lai Chi Kok Road/Tai Nam Street Sitting-out Area Lai Yip Street Sitting-out Area Lam Fook Street Sitting-out Area Lam Hing Street Sitting-out Area Lam Tin Bus Terminus Sitting-out Area Lam Tin Park Lam Tin Service Reservoir Playground Lam Tin South Sports Centre Lam Wah Street Playground Lei Cheng Uk Garden Lei Cheng Uk Playground Lei Cheng Uk Swimming Pool Rest Garden Lei Cheng Uk Swimming Pool Sitting-out Area (No. 2) Lei Yue Mun Rest Garden Lei Yue Mun Road Playground Lei Yue Mun Sports Centre Lei Yue Mun Typhoon Shelter Breakwater Sitting-out Area Lei Yue Mun Waterfront Sitting-out Area Lion Rock Park Lok Fu Park Lok Fu Recreation Ground Lok Fu Service Reservoir Rest Garden Lok Kwan Street Park Lok Shan Road Playground

Lok Sin Road/Choi Hung Road Sitting-out Area

Lok Wah Playground

Lok Wah Street Playground

Lomond Road Garden

Lower Ngau Tau Kok Estate Playground No. 8

Luen Wan Street Sitting-out Area

Lung Cheung Road Bauhinia Garden

Lung Cheung Road Lookout

Lung Cheung Road North/Po Kong Village Road Sitting-out Area

Lung Cheung Road Park

Lung Cheung Road Playground

Lung Cheung Road Sitting-out Area

Ma Chai Hang Recreation Ground

Ma Tau Wai Road Playground

Ma Tau Wai Road/Ma Hang Chung Road Rest Garden

Ma Tau Wai Road/Sheung Heung Road Garden

Ma Tau Wai Road/Tai Wan Road Sitting-out Area

Ma Tau Wai Road/To Kwa Wan Road Garden

Ma Tau Wai Service Reservoir Playground

MacPherson Playground

Magnolia Road Rest Garden (inside Yau Yat Chuen Estate, N.K.I.L. 3594)

Man Cheong Street Community Garden

Man Cheong Street Rest Garden

Man Fuk Road Garden

Man Ming Lane Rest Garden

Maple Street Playground

Mei Foo Sun Chuen Bus Terminus Amenity Plot

Middle Road Children's Playground

Mody Road Garden

Mong Kok Market Children's Playground

Mong Kok Road Playground

Mongkok Civic Triangle

Moray Road Children's Playground

Morse Park

Morse Park Sports Centre

Muk Lun Street Playground

Nam Cheong Park

Nam Cheong Street Rest Garden

Nam Cheong Street Sitting-out Area

Nam Cheong Street/Tai Po Road Rest Garden

Nan Lian Garden

Nathan Road/Boundary Street Sitting-out Area

Nga Tsin Wai Road Sitting-out Area

Nga Tsin Wai Village Sitting-out Area

Ngau Chi Wan Market Roof Top Children's Playground

Ngau Chi Wan Park

Ngau Chi Wan Sports Centre

Ngau Chi Wan Street Temporary Sitting-out Area

Ngau Chi Wan Village Playground

Ngau Chi Wan Village Sitting-out Area

Ngau Tau Kok Road Children's Playground

Ngau Tau Kok Road Flyover Rest Garden

Ngau Tau Kok Road Rest Garden

Ngau Tau Kok Road Sports Centre Ning Po Street/Shanghai Street Rest Garden

Nullah Road Sitting-out Area

Olympic Garden

On Tak Road Playground

Osmanthus Road Rest Garden (inside Yau Yat Chuen Estate, N.K.I.L. 3594)

Oxford Road Playground

Pak Kung Street Garden

Peace Avenue Playground

Pei Ho Street Sports Centre

Peking Road Sitting-out Area

Pentland Street Garden

Perth Street Sports Ground

Pik Wan Road Rest Garden

Ping Shek Playground

Po Kong Interchange Rest Garden

Po Kong Village Road Park

Po Kong Village Road/Shung Wah Street Sitting-out Area

Po Kong Village Road Sports Centre

Po Leung Lane Sitting-out Area

Po On Road Playground

Po On Road Sports Centre

Poplar Street Children's Playground

Portland Street/Man Ming Lane Sitting-out Area

Portland Street Rest Garden

Portland Street Sitting-out Area

Prince Edward Road/Nullah Road Garden

Princess Margaret Road Children's Playground

Princess Margaret Road Garden

Public Square Street/Cliff Road Sitting-out Area

Public Square Street/Kansu Street Rest Garden

Public Square Street Rest Garden

Pui Ching Road Playground

Pui Ching Road Rest Garden

Reclamation Street/Nelson Street Sitting-out Area

Reclamation Street Sitting-out Area

Reclamation Street/Soy Street Sitting-out Area

Rutland Quadrant Children's Playground

Sai Tso Wan Recreation Ground

Sai Yee Street Children's Playground

Sai Yee Street Garden

Saigon Street Playground

Salisbury Road Garden

Sam Chuk Street Sitting-out Area

Sam Ka Tsuen Recreation Ground

San Po Kong Interchange Rest Garden

San Po Kong Sitting-out Area

Sau Mau Ping Bus Terminus Amenity Plot

Sau Mau Ping Estate (Stage I) Playground No. 3

Sau Mau Ping Memorial Park

Sau Mau Ping Road/Hiu Kwong Street Sitting-out Area

Sau Mau Ping Road Safety Town

Sau Ming Road Park

Sau Nga Road Playground

Sau Yan Path Amenity Plot

Sham Shui Po Park Sham Shui Po Sports Ground Shan Tung Street Sitting-out Area Shanghai Street/Dundas Street Sitting-out Area Shanghai Street/Market Street Playground Shanghai Street/Shangtung Street Sitting-out Area Shek Kip Mei Central Playground Shek Kip Mei Park Shek Kip Mei Park Sports Centre Shek Kip Mei Service Reservoir Playground Shek Kip Mei Street Rest Garden Shek Ku Lung Road Playground Shek Ku Lung Road Rest Garden Sheung Li Uk Garden Sheung Lok Street Garden Sheung Lok Street Garden (Stage II) Sheung Shing Street Park Sheung Wo Street Sitting-out Area Shing Tak Street Sitting-out Area Shing Yip Street Rest Garden Shui Wo Street Sports Centre Shun Lee Tsuen Park Shun Lee Tsuen Playground Shun Lee Tsuen Road Lookout Shun Lee Tsuen Sports Centre Shun Ning Road Recreation Ground Shung Ling Street Playground Shung Ling Street Sitting-out Area Signal Hill Garden Sin Fat Road Tennis Courts Star Ferry Concourse Fountain Station Lane Sitting-out Area Sung On Street Sitting-out Area Sung Wong Toi Garden Sung Wong Toi Playground Sycamore Playground Sycamore Street Playground Sycamore Street Rest Garden Sycamore Street Sitting-out Area Tai Hang Sai Street Sitting-out Area Tai Hang Tung Estate Playground No. 1 Tai Hang Tung Estate Playground No. 2 Tai Hang Tung Recreation Ground Tai Hang Tung Sitting-out Area Tai Kok Tsui Road/Cherry Street Amenity Plot Tai Kok Tsui Road/Larch Street Sitting-out Area Tai Kok Tsui Road/Maple Street Garden Tai Kok Tsui Sports Centre Tai Po Road/Castle Peak Road Amenity Plot Tai Po Road/Castle Peak Road Rest Garden Tai Po Road/Pak Tin Street Playground Tai Wan Shan Park Tai Wan Road Playground Tai Yip Street Sitting-out Area Tak Cheong Street Playground Tak Ku Ling Road Rest Garden

Temple Street/Kansu Street Temporary Rest Garden

Thistle Street Rest Garden

Tin Kwong Road Recreation Ground

Tin Kwong Road Tennis Court

Ting Fu Street Sitting-out Area

Ting On Street Playground

Ting Yu Square Temporary Sitting-out Area

To Kwa Wan Complex Indoor Games Room

To Kwa Wan Complex Playground

To Kwa Wan Recreation Ground

To Kwa Wan Sports Centre

To Yuen Street Playground

Tong Mei Road Children's Playground (part temporary)

Tong Mei Road Sitting-out Area

Tong Mei Road/Tung Chau Street Sitting-out Area

Tseuk Kiu Street Sitting-out Area

Tsing Chau Street Playground

Tsim Sha Tsui East Waterfront Podium Garden

Tsim Sha Tsui Promenade

Tsun Yip Cooked Food Market Roof Top Rest Garden

Tsun Yip Street Playground

Tsz Wan Shan Bus Terminus Sitting-out Area

Tsz Wan Shan Estate Central Playground

Tsz Wan Shan Estate Service Reservoir Playground

Tsz Wan Shan Road Playground

Tsz Wan Shan Road Rest Garden

Tsz Wan Shan Road Sitting-out Area

Tung Chau Street Park

Tung On Street Rest Garden

Urban Council Centenary Garden

Wa Shun Street Sitting-out Area

Wai Chi Street Playground

Wai Chi Street Rest Garden

Wai Lok Street Temporary Soccer Pitch

Wai Yip Street Flyover Amenity Plot

Wai Yip Street/Lai Yip Street Amenity Plot

Wai Yip Street/Sheung Yee Road Sitting-out Area

Wai Yip Street Sitting-out Area

Wan Fung Street Sitting-out Area

Wan Hon Street/Hip Wo Street Rest Garden

Wan Hon Street Rest Garden

Wang Tai Road Sitting-out Area

Waterloo Road/Canton Road Rest Garden

Waterloo Road/Wylie Road Sitting-out Area

West Kowloon Waterfront Promenade

Wing Hong Street Rest Garden

Winslow Street Playground

Wong Tai Street/Ivy Street Sitting-out Area

Wong Tai Sin Service Reservoir Playground

Wong Tai Sin Square

Wong Tai Street/Tai Tsun Street Sitting-out Area

Wuhu Street Temporary Playground

Wylie Road Temporary Sitting-out Area

Yan Fung Street Rest Garden

Yan Oi Court Garden

Yan Oi Street Playground
Yau Ma Tei Community Centre Rest Garden
Yau Ma Tei Service Reservoir Rest Garden
Yau Tong Centre Rest Garden
Yau Tong Road Playground
Yau Tong Service Reservoir Playground
Yau Tsim Mong Pet Garden
Yee On Street Market Rest Garden
Yin Hing Street Recreation Ground
Yue Man Square Rest Garden
Yuen Po Street Bird Garden
Yuet Wah Street Playground

The New Territories

A Kung Kok Playground A Kung Kok Street Garden Ap Chau Sitting-out Area Butterfly Beach Park Castle Peak Road Garden (6 M.S.) Castle Peak Road (San Hui) Park Central Kwai Chung Park Chai Kek Children's Playground Chai Wan Kok Playground Chai Wan Kok Rest Garden Che Kung Miu Road Playground Cheung Chau Park Cheung Chau Sports Centre Cheung Chau Sports Ground Cheung Fai Road Promenade Cheung Fat Sports Centre Cheung Hang Village Playground Cheung Po Chai Cave Picnic Area Cheung Po Tsuen Playground Cheung Shue Tan Children's Playground Cheung Tat Road Sitting-out Area Cheung Wan Street Rest Garden Chi Tong Tsuen Children's Playground Chi Tong Tsuen Sitting-out Area Chik Fu Street Rest Garden Chik Fuk Street Sitting-out Area Chim Uk Village Children's Playground Ching Hong Road Hill Top Sitting-out Area Ching Hong Road Playground Chiu Tam Path Garden Chong Hing Water Sports Centre Chow Tin Tsuen Children's Playground Chuen On Road Garden Chui Ling Lane Playground Chui Lok Street Garden Chui Tin Street Soccer Pitch Chuk Hang Playground Chun Yin Square Playground Chung Hing Pun Shan Road Sitting-out Area, Cheung Chau Chung Mei Road Sitting-out Area Chung Mei Road Temporary Playground

Chung Nga Road Children's Playground

Chung Shum Wai Children's Playground

Chung Sing Path Playground

Chung Uk Children's Playground

Chung Uk Tsuen Playground

Chung Yat Street Soccer Pitch

Circle Park

Deacon Chiu Park

Don Bosco Road Leisure Shelter, Cheung Chau

Dragon Park

Fa Sam Hang Pavilion

Fan Leng Lau Garden

Fan Leng Lau Pleasure Ground

Fan Leng Lau Road Playground

Fan Ling Wai Playground

Fan Tin Tsuen Sitting-out Area

Fanling Hong Lok Park

Fanling Recreation Ground (Stage I)

Fanling Station Playground

Fanling Station Sitting-out Area

Fanling Temporary Tennis Courts

Finger Hill Sitting-out Area, Peng Chau

Fong Ma Po Children's Playground

Fu Heng Sports Centre

Fu Pui Garden

Fu Shin Sports Centre

Fu Tei Chung Tsuen Children's Playground

Fu Uk Garden

Fu Uk Road Rest Garden

Fui Sha Wai Playground

Fuk Hang Playground

Fuk Hang Tsuen Road Garden

Fung Cheung Road Garden

Fung Heung Street Sitting-out Area

Fung Kam Street Sports Centre

Fung Kwan Street Garden

Fung Nam Road Garden

Fung On Street Children's Playground

Fung Shue Wo Resite Village Basketball Court

Fung Shue Wo Sports Centre

Fung Tei Garden

Fung Wong Wu Playground

Fung Yau Street North Sitting-out Area

Fung Yuen Playground

Ginza Square

Ha Chuk Yuen Sitting-out Area

Ha Fa Shan Children's Playground

Ha Fa Shan Garden

Ha Hang Village Sitting-out Area

Ha Tam Shui Hang Sitting-out Area

Ha Wan Tsuen Basketball Court

Ha Wan Tsuen Garden

Hang Hau Basketball Court

Hang Hau Garden Hang Hau Tsuen Sitting-out Area Hang Hong Street Garden Hang Kwai Street Playground Hang Mei Tsuen Sitting-out Area Hang Ping Street Playground Hang Tak Pavilion Hang Tau Tsuen Playground Heng On Sports Centre Hin Keng Sports Centre Hin Tin Playground Hing Fong Road Garden Hing Fong Road Playground Hing Shing Road Playground Ho Chung Soccer Pitch Ho Pui Tsuen Playground Ho Sheung Heung Playground Hoi Chu Road Playground Hoi On Road Playground Hoi Shing Garden Hoi Wong Road Garden Hong Kin Road Garden Hung Cheung Road Playground Hung Leng Children's Playground Hung Mui Kuk Road Playground Hung Shing Temple Children's Playground, Cheung Chau Hung Uk Tsuen Playground Jockey Club Cheung Chau Tung Wan Children's Playground Jockey Club Hing Shing Road Playground Jockey Club Kwai Shing Circuit Sitting-out Area Jockey Club Tak Wah Park The Jockey Club Tuen Mun Butterfly Beach Sports Centre The Jockey Club Wong Shek Water Sports Centre Ka Loon Garden Kai Leng Playground Kak Tin Children's Playground Kak Tin Playground Kam Mun Hau Garden Kam Shek New Village Garden Kam Shek New Village Playground Kam Sheung Road Sitting-out Area Kam Tin Market Playground Kam Tin Po Tei Playground Kam Tin Shi Children's Playground Kam Tsin Village Children's Playground Kan Tau Wai Playground Kat Cheung Crescent Garden Kat Hing Wai Garden Kat Hing Wai Playground Kat O Fisherman Village Sitting-out Area Kat O Playground Kau Lung Hang Playground Kau Sai Sun Tsuen Garden Kau Wah Keng Village Playground Kei Lun Wai Children's Playground Keung Yip Street Rest Garden Ki Lun Kong Public Park

Kik Yeung Road 5-a-side Football Pitch

Kin Tak Street Playground

Kin Yip Street Playground

King Fung Children's Playground

Kiu Tau Rainshelter

Kong Pui Street Rest Garden

Kwai Chung Castle Peak Road Sitting-out Area

Kwai Chung San Kui Park

Kwai Chung Sports Ground

Kwai Hei Street Sitting-out Area

Kwai Hing Rest Garden

Kwai Hop Street Playground

Kwai Shing Circuit Garden

Kwai Shing Circuit Playground

Kwai Shing Playground

Kwai Shun Street Playground

Kwai Tak Street Rest Garden

Kwai Yi Road Playground

Kwan Mun Hau Tsuen Children's Playground

Kwan Tei Children's Playground

Kwan Tei Sitting-out Area

Kwei Tei Street Garden

Kwok Shui Road Park

Kwong Choi Market Roof-top Garden, Tuen Mun

Kwong Fai Circuit Playground

Kwong Fuk Bridge Garden

Kwong Fuk Football Ground

Kwong Fuk Park

Kwong Pan Tin Village Sitting-out Area

Kwu Tung Grass Soccer Pitch

Kwu Tung Playground

Kwun Yam Wan Road Seaview Shelter, Cheung Chau

Lady MacLehose Holiday Village

Lai King Hill Road Playground

Lai King Soccer Pitch

Lai King Sports Centre

Lau Fau Shan Playground

Lei Uk Tsuen Children's Playground

Lei Uk Tsuen Garden No. 1

Lei Uk Tsuen Garden No. 2

Lek Yuen Bridge Pavilion

Lek Yuen Street Rest Garden

Leng Pei Playground

Leung Tin Sports Centre

Leung Tin Tsuen Garden

Leung Uk Children's Playground, Tai O

Lin Ma Hang Playground

Lingnan Playground

Liu Pok Playground

Liu To Road Playground

Lo Wai Garden

Locwood Garden

Loi Tung Sitting-out Area

Lok Fung Path Rest Garden Lok Kwei Path Rest Garden Lok Lin Path Sitting-out Area Lok Ma Chau Garden Lok Shun Path Barbecue Area Lok Yuen Path Children's Playground Long Ping Sports Centre Lower Cheung Sha Village Children's Playground Luen Hing Street Sitting-out Area Luen Wo Hui Children's Playground Luen Wo Hui Playground Luen Wo Hui Sports Centre Luk Keng Sitting-out Area Luk Keng Village Playground Lung Fung Sitting-out Area Lung Mei Village Garden Lung Sum Avenue Sports Centre Lung Tsai Tsuen Sitting-out Area, Cheung Chau Lung Yeuk Tau, San Wai Children's Playground Lutheran Village Children's Playground, Cheung Chau Lynwood Sitting-out Area Ma Ling Path Rest Garden Ma Mei Ha Playground Ma On Kong Garden Ma On Shan Park Ma On Shan Pavilion Ma On Shan Recreation Ground Ma On Shan Sai Sha Road Pet Garden Ma On Shan Sports Centre Ma On Shan Sports Ground Ma Tin Road 5-a-side Football Pitch Ma Tseuk Leng Children's Playground Ma Wan Children's Playground Ma Wat Wai Children's Playground Ma Wo Pavilion Ma Wo Sitting-out Area Ma Yau Tong Rest Garden Ma Ying Path Rest Garden Man Kok Village Garden Man Mo Temple Garden Man Tung Road Park Man Uk Bin Children's Playground Man Yee Playground Mang Kung Uk Rest Garden Mau Tai Road Garden Mei King Playground Mei Lam Sports Centre Miu Kong Street Garden Miu Kong Street Sitting-out Area Mong Tseng Wai Basketball Court Mouse Island Children’s Playground Mui Shue Hang Playground Mui Tsz Lam Road Garden Mui Wo Ferry Concourse Rest Garden Mui Wo Ferry Pier Road Sitting-out Area Mui Wo Playground Mui Wo Sports Centre Muk Min Ha Garden Nai Wai Soccer Pitch Nam Chung Children's Playground Nam Shan Village Sitting-out Area Nam Wah Po Playground Nam Wan Road Sitting-out Area Nga Ying Chau Garden Nga Yiu Village Children's Playground Ngan Wai Rest Garden Ngau Pei Sha Street Playground Nim Wan Tsuen Children's Playground North District Park North District Sports Ground North Kwai Chung Market Roof-top Playground North Kwai Chung Tang Shiu Kin Sports Centre On Chit Street Playground On Chit Street Soccer Pitch On Hing Playground On King Street Park On Kwok Villa Sitting-out Area On Lok Tsuen Garden On Lok Tsuen (No. 1) Sitting-out Area On Lok Tsuen (No. 2) Sitting-out Area On Lok Tsuen (No. 3) Sitting-out Area On Lok Tsuen (No. 4) Sitting-out Area On Lok Tsuen (No. 5) Sitting-out Area On Lok Tsuen Playground On Luk Street Park On Pong Road Sitting-out Area On Shing Street Garden On Yuen Street Garden Osman Ramju Sadick Memorial Sports Centre Pai Cheong Road Sitting-out Area, Cheung Chau Pak Fuk Children's Playground Pak Fuk Tin Sum Playground Pak Kok Village Rain-shelter, North Lamma Pak Kong Garden Pak Kong Soccer Pitch Pak Lam Road Garden Pak Sha Wan Tsuen Garden Pak She Back Street Garden Pak She Cheung Lee Playground, Cheung Chau Pak She San Tsuen Garden Pak Shek Kok Promenade Pak Shek Terrace Garden Pak Tai Temple Playground, Cheung Chau Pak Tin Pa Garden Pak Wo Road Playground Pak Wo Road Sitting-out Area Pat Heung Temple Sitting-out Area Pau Cheung Square Playground Pei Tau Village Playground Peng Chau Mini-soccer Pitch Peng Chau Playground Peng Chau Sitting-out Area Peng Chau Sports Centre Peng Chau Waterfront Playground Peninsula Lions Garden, Sha Tin Pass Pik Shui San Tsuen Rest Garden Pik Uk Garden Ping Che Children's Playground Ping Che Kat Tin Children's Playground Ping Che Mini-soccer Pitch Ping Che New Village Sitting-out Area Ping Ha Road Garden Ping Kong Children's Playground Ping Long Playground Ping Pak Lane Park Ping Shan Lane Garden Ping Wui Street Rest Garden Ping Yeung Village Garden Plover Cove Road Mini-soccer Pitch Plover Cove Villagers' Playground, Tai Po Po Heung Bridge Sitting-out Area Po Hong Park Po Kak Tsai Road Sitting-out Area Po Lam Sports Centre Po Lo Che Garden Po Tsui Park Po Wing Road Playground Po Wing Road Sitting-out Area Po Yip Street Sitting-out Area Praya Street Sports Centre Pui O Children's Playground Pui O Playground, Lantau Pui Shing Garden Pui To Road (South) Rest Garden Round Table Third Village Playground, Cheung Chau Sai Ching Street Children's Playground Sai Ching Street Tennis Court Sai Kung Outdoor Recreation Centre Sai Kung Park Sai Kung Squash Courts Sai Kung Tang Shiu Kin Sports Ground Sai Kung Tennis Courts Sai Kung Waterfront Park Sai Lau Kok Garden Sai Lau Kok Tsuen Children's Playground Sam Mun Tsai Children's Playground Sam Pei Square Playground Sam Tung Uk Garden Sam Tung Uk Village Playground San Hei Pavilion San Hing Tsuen Children's Playground San Hui Playground San Hui Sitting-out Area San Hui Tsuen Rest Garden San Mei Street Basketball Court San Mei Street Children's Playground San Mei Street Playground

San Mei Street Sitting-out Area

San On Sitting-out Area

San Pak She Street Sitting-out Area No.1, Cheung Chau

San Pak She Street Sitting-out Area No.2, Cheung Chau

San Pak She Street Sitting-out Area No.3, Cheung Chau

San Pak She Street Sitting-out Area No.4, Cheung Chau

San Pak She Street Sitting-out Area No.5, Cheung Chau

San Pok Pavilion

San Sang Tsuen Sitting-out Area

San Tin Wai Garden

San Tsuen Children's Playground

San Uk Leng Playground

San Uk Ling Basketball Court

San Uk Tsai Children's Playground

San Uk Tsai Playground

San Uk Tsuen Sitting-out Area

San Wai Tsai Children's Playground

San Wan Road Garden

San Wan Road Sitting-out Area

San Wo Lane Playground

Sha Chau Lei Sitting-out Area

Sha Kok Mei Basketball Court

Sha Kok Mei Playground and Garden

Sha Ling Playground

Sha Lo Wan Playground, Lantau

Sha Tau Kok Children's Playground

Sha Tau Kok Promenade Sitting-out Area

Sha Tau Kok Recreation Ground

Sha Tau Kok Square

Sha Tin Jockey Club Public Squash Courts

Sha Tin North Fresh Water Services Reservoir Archery Ground

Sha Tin Park

Sha Tin Road Safety Park

Sha Tin Sports Ground

Sha Tin Wai Playground

Sha Tsui Playground

Sha Tsui Road Playground

Sham Tseng Resite Village Children's Playground

Sham Tseng Temporary Playground

Sham Tsz Street Playground

Shan Pui Chung Hau Sitting-out Area

Shan Tong New Village Garden

She Shan Sitting-out Area

She Shan Tsuen Children's Playground

Shek Lei Adventure Playground

Shek Lei Street Sitting-out Area

Shek Lei Street Tennis Courts

Shek Mun Playground

Shek Pai Street Park

Shek Pai Tau Playground

Shek Pik Reservoir Garden, Lantau

Shek Pik Resettlers' Playground, Tsuen Wan

Shek Po Tsuen Playground

Shek Pui Street Garden Shek Wu Hui Complex Podium Garden Shek Wu Hui Jockey Club Playground Shek Wu Hui Playground Shek Wu Hui Sitting-out Area Shek Yam Lei Muk Road Park Shek Yam Road Rest Garden Shek Yam Road Rest Garden No. 2 Shek Yam Road Rest Garden No. 3 Shek Yam Road Rest Garden No. 4 Sheun Wan Tung Tsz Children's Playground Sheung Ko Tan Street Sitting-out Area Sheung Kok Street Garden Sheung Kwai Chung Children's Playground Sheung Kwai Chung Garden Sheung Ning Playground Sheung Pai Nai Playground Sheung Shan Kai Wat Sitting-out Area Sheung Shui Garden No. 1 Sheung Shui Garden No. 2 Sheung Shui Garden No. 3 Sheung Shui Garden No. 4 Sheung Shui Heung Basketball Court Sheung Shui Heung Sitting-out Area No. 1 Sheung Shui Heung Sitting-out Area No. 2 Sheung Shui Heung Sitting-out Area No. 3 Sheung Shui Heung Sitting-out Area No. 4 Sheung Shui Heung Sitting-out Area No. 5 Sheung Shui Heung Sitting-out Area No. 6 Sheung Shui Heung Sitting-out Area No. 7 Sheung Shui Heung Sitting-out Area No. 8 Sheung Shui Heung Sitting-out Area No. 9 Sheung Shui Heung Sitting-out Area No. 10 Sheung Shui Heung Sitting-out Area No. 11 Sheung Shui Playground Sheung Shui Wa Shan Sitting-out Area Sheung Sze Wan Sitting-out Area Sheung Tsuen Park Sheung Tsuen Sitting-out Area Sheung Wo Che Garden Sheung Wo Hang Children's Playground Sheung Wo Hang Sitting-out Area Shing Fong Street Rest Garden Shing Mun River Promenade Garden No. 1 Shing Mun River Promenade Garden No. 2 Shing Mun River Promenade Garden No. 3 Shing Mun Valley Park Shing Mun Valley Sports Ground Shui Che Kwun Street Playground Shui Mei Village Playground Shui Mun Tau Rest Garden Shui Pin Tsuen Playground Shui Wu Garden Sik Kong Tsuen Playground Silver Cape Road Sitting-out Area Sing Ping San Tsuen Children's Playground Sir Denys Roberts Squash Courts, Yuen Long Siu Hang Sitting-out Area Siu Hang Tsuen Sitting-out Area Siu Lek Yuen Road Playground Siu Lun Sports Ground So Kwun Wat Sitting-out Area Sok Kwu Wan Playground Sok Kwu Wan Sitting-out Area South Lantau Road/Tung Chung Road Pavilion Ta Ho Tun Garden Ta Kwu Ling Chuk Yuen Playground Ta Kwu Ling Playground Tai Choi Yuen Playground, Cheung Chau Tai Hang Fui Sha Wai Playground Tai Hing Sports Centre Tai Ho Road Sitting-out Area No. 1 Tai Ho Road Sitting-out Area No. 2 Tai Ho Road Sitting-out Area No. 3 Tai Kei Ling Sitting-out Area Tai Kiu Market Sitting-out Area Tai Kiu Market Squash Courts Tai Lam Chung Road Children's Playground Tai Lam Chung Tsuen Children's Playground Tai Lin Pai Road Playground Tai Loong Street Playground Tai Loong Street Rest Garden Tai Loong Street Sitting-out Area Tai Mei Tuk Barbecue Area Tai Mei Tuk Village Children's Playground Tai Mei Tuk Water Sports Centre Tai Ming Lane Square Tai Mong Tsai Picnic Area and Pavilion Tai O Recreation Ground, Lantau Tai O Road Playground No.1 Tai O Road Playground No.2 Tai O Road Playground No.3 Tai Om Children's Playground Tai Pei Square Playground Tai Pei Tau Rest Garden Tai Peng San Chuen Rainshelter, North Lamma Tai Peng San Chuen Sitting-out Area, North Lamma Tai Po Central Town Square Tai Po Contour Sitting-out Area Tai Po Hui Sports Centre Tai Po Kau Garden Tai Po Kau Park Tai Po Kau San Wai Playground Tai Po Market Rest Garden Tai Po Mei Children's Playground Tai Po Old Market Playground Tai Po Road Look-out Tai Po Road 10 M.S. Lookout No. 1 Tai Po Road 10 M.S. Lookout No. 2 Tai Po Sports Centre Tai Po Sports Ground Tai Po Tau Playground Tai Po Tsai Rest Garden Tai Po Waterfront Park Tai Sang Wai Playground Tai Shek Hau Tin Hau Temple Sitting-out Area, Cheung Chau Tai Shui Hang Shelter No. 1, 2, 3 & 4 Tai Tau Leng Playground Tai Tau Leng Sitting-out Area Tai Tong Wu Sitting-out Area Tai Tsoi Yuen Garden Tai Wai New Village Pavilion Tai Wai Playground Tai Wan Sitting-out Area, Po Toi Tai Wan Tau Garden Tai Wo Hau Road Playground Tai Wo Hau Road South Playground Tai Wo Hau Sports Centre Tai Wo Sports Centre Tai Wong Ha Playground Tai Yuen Street Cooked Food Market Sitting-out Area Tak Yip Street Playground Tan Chuk Hang Children's Playground Tan Kwai Tsuen Road Garden Tap Mun Playground Tap Mun Sitting-out Area Tat Tung Road Garden Tin Fuk Sitting-out Area, Cheung Chau Tin Ha Road Playground Tin Ha Wan Garden Tin Hau Temple Fung Shui Square Tin Ho Road Playground Tin Pak Road Park Tin Ping Road Garden Tin Ping Sports Centre Tin Sam Garden No. 1 Tin Sam Garden No. 2 Tin Sam Garden No. 3 Tin Sam Sitting-out Area Tin Sau Road Park Tin Shui Road Park Tin Shui Sports Centre Tin Shui Wai Park Tin Shui Wai Sports Centre Tin Shui Wai Sports Ground Ting Kau Garden Ting Kau Village Playground Ting Kok Village Children's Playground Ting Tai Road Children's Playground Tolo Harbour Garden Tong Fong Sitting-out Area Tong Fuk Playground, Lantau Tong Hang Playground Tong Ming Street Sitting-out Area Tong Min Tsuen Playground Tong Yan San Tsuen Garden Tong Yan San Tsuen Playground

Town Park North Children's Playground

Town Park South Playground

Trend Sitting-out Area

Tsang Tai Uk Recreation Ground

Tseng Tau Chung Tsuen Sitting-out Area

Tseng Tau Sheung Tsuen Sitting-out Area

Tseung Kwan O Sports Centre

Tseung Kwan O Sports Ground

Tsing Bik Sitting-out Area

Tsing Ho Rest Garden

Tsing Hoi Playground

Tsing Hung Road Playground

Tsing King Road Garden

Tsing Luk Street Garden

Tsing Lung Garden

Tsing Lung Tsuen Playground

Tsing Min Children's Playground

Tsing Shan Children's Playground

Tsing Shan Keuk Look-out

Tsing Shan Pavilion

Tsing Sin Garden

Tsing Sin Playground

Tsing Sin Street Basketball Court

Tsing Tin Garden

Tsing Tin Playground

Tsing Wah Garden

Tsing Wah Playground

Tsing Wah Soccer Pitch

Tsing Wu Sitting-out Area

Tsing Yeung Rest Garden, Tuen Mun

Tsing Yi Four Village Playground

Tsing Yi Northeast Park

Tsing Yi Park

Tsing Yi Promenade

Tsing Yi Road West Park

Tsing Yi Sports Centre

Tsing Yi Sports Ground

Tsing Yu Street Garden

Tsing Yuen Children's Playground

Tso Kung Tam Outdoor Recreation Centre

Tsuen Fu Street Garden

Tsuen King Circuit Children's Playground

Tsuen King Circuit Garden

Tsuen King Circuit Playground

Tsuen King Circuit Recreation Ground and Rest Garden

Tsuen King Circuit Sports Centre

Tsuen Kwai Street Sitting-out Area

Tsuen Wan Market Roof-top Playground

Tsuen Wan Park

Tsuen Wan Riviera Park

Tsuen Wan Tin Hau Temple Garden

Tsuen Wan West Sports Centre

Tsuen Wing Street Playground

Tsui Lam Sports Centre Tsung Pak Long Children's Playground

Tsung Yuen Ha Playground

Tuen Mun Cultural Square

Tuen Mun Hung Cheung Road Sitting-out Area

Tuen Mun Park

Tuen Mun Promenade

Tuen Mun Recreation and Sports Centre

Tuen Mun Riverside Park

Tuen Mun Swimming Pool Squash Courts

Tuen Mun Tang Shiu Kin Sports Ground

Tui Min Hoi Garden

Tui Min Hoi Rest Garden

Tung Chan Wai Children's Playground

Tung Chung Fort Sitting-out Area

Tung Chung Man Tung Road Sports Centre

Tung Chung North Park

Tung Chung Playground

Tung Chung Road Soccer Pitch

Tung Fong Children's Playground

Tung Kok Wai Children's Playground

Tung Lo Wan Playground, Sha Tin

Tung Tai Street Rest Garden

Tung Tau Industrial Area Playground

Tung Tau Wai Children's Playground

Tung Tsz Nursery Community Garden

Tung Tsz Road Sitting-out Area

Tung Wan Barbecue Area, Peng Chau

Tung Wan Sitting-out Area, Peng Chau

Tung Wan Tau Road Rainshelter, Mui Wo

Wah Fat Playground

Wah Shing Tsuen Children's Playground

Wai Hon Road Garden

Wai Man Road Playground

Wai Ming Street Garden

Wai Tau Tsuen Playground

Wai Tau Tsuen Sitting-out Area

Wai Tsai Street Sitting-out Area, Peng Chau

Wai Tsuen Road Garden

Wai Tsuen Road Rest Garden

Wai Tsuen Sports Centre

Wan Tau Kok Playground

Wan Tau Kok Road Sitting-out Area

Wan Tau Street Sitting-out Area

Wang Toi Shan Playground

Wang Yip Street South Rest Garden

Windsurfing Memorial Garden

Wing Fong Street Market Roof-top Children's Playground

Wing Hing Wai Sitting-out Area

Wing Kei Road 5-a-side Soccer Pitch

Wing Ling Basketball Court

Wing Ling Tsuen Sitting-out Area

Wing Lung Street Sitting-out Area, Peng Chau

Wing Ping Tsuen Sitting-out Area

Wo Hing Playground

Wo Hing Sports Centre Wo Keng Shan Road Garden Wo Liu Hang Playground Wo Liu Hang Rest Garden Wo Mei Rest Garden Wo Muk Road Playground Wo Yi Hop Road Cooked Food Market Roof-top Sitting-out Area Wo Yi Hop Road Garden Wo Yi Hop Road Rest Garden Wo Yi Hop Road Sports Ground Wong Ka Wai Sitting-out Area, Tung Chung Wong Nai Tau Garden Wong Uk Garden Wong Yue Tan Children's Playground Wu Kai Sha Children's Playground Wu Kau Tang Playground Wu King Road Garden Wu Shan Bowling Green Wu Shan Garden Wu Shan Recreation Playground Wu Shan Riverside Park Wu Shan Tennis Courts Yan Oi Town Square Yau Ma Hom Garden Yau Oi Sitting-out Area Yau Oi Sports Centre Yau Yue Wan Children's Playground Yau Yue Wan Playground Yeung King Playground Yeung Siu Hang Garden Yeung Uk Road Sports Centre Yeung UK Tsuen Garden Yi Chun Street Playground Yi Pei Chun Children's Playground Yi Pei Square Playground Yim Tin Pok Temporary Playground Yim Tin Tsai Lookout Yin Kong Playground Yip Shing Street Playground Yuen Chau Kok Park Yuen Chau Tsai Park Yuen Kong Tsuen Playground Yuen Long Children's Playground Yuen Long Jockey Club Squash Courts Yuen Long Jockey Club Town Square Yuen Long Main Road Rest Garden Yuen Long Park Yuen Long Stadium Yuen Long Western Roundabout Amenity Plot Yuen Shin Park Yuen Tun Garden Yuen Wo Playground Yuen Wo Road Sports Centre Yung Shue Tsuen Children's Playground Yung Shue Wan Basketball Court, North Lamma Yung Shue Wan Playground

Yung Shue Wan Sitting-out Area
Yung Shue Wan/Sok Kwu Wan Rainshelter

Bathing beaches

Hong Kong Island (Amended L.N. 177 of 2007)

Big Wave Bay Beach

Chung Hom Kok Beach

Deep Water Bay Beach

Hairpin Beach

Middle Bay Beach

Repulse Bay Beach

Rocky Bay Beach

Shek O Beach

South Bay Beach

St. Stephen's Beach

Stanley Main Beach

Turtle Cove Beach

The New Territories

Anglers' Beach

Approach Beach

Butterfly Beach

Cafeteria New Beach

Cafeteria Old Beach

Casam Beach

Castle Peak Beach

Cheung Chau Tung Wan Beach

Clear Water Bay First Beach

Clear Water Bay Second Beach

Gemini Beaches

Golden Beach

Hap Mun Bay Beach

Hoi Mei Wan Beach

Hung Shing Yeh Beach

Kadoorie Beach

Kiu Tsui Beach

Kwun Yam Beach

Lido Beach

Lo So Shing Beach

Lower Cheung Sha Beach

Ma Wan Tung Wan Beach

Pui O Beach

Silver Mine Bay Beach

Silverstrand Beach

Ting Kau Beach

Tong Fuk Beach

Trio Beach

Upper Cheung Sha Beach

(Amended G.N.A. 135 of 1960; G.N.A. 114 of 1961; G.N.A. 4 of 1962; L.N. 27 of 1967; L.N. 155 of 1967;

L.N.: 381 of 1982; L.N. 396 of 1982; L.N. 34 of 1983; L.N. 41 of 1983; L.N. 120 of 1983; L.N. 308 of 1983;
L.N.: 394 of 1983; L.N. 207 of 1984; L.N. 359 of 1984; L.N. 407 of 1984; L.N. 191 of 1985; L.N. 276 of 1985;
L.N.: 326 of 1985; L.N. 356 of 1985; L.N. 68 of 1986; L.N. 77 of 1986; 10 of 1986 s. 26; L.N. 164 of 1986; L.N. 279 of 1986; L.N. 321 of 1986; L.N. 109 of 1987; L.N. 212 of 1987; L.N. 244 of 1987; L.N. 283 of 1987; L.N. 352 of 1987; L.N. 410 of 1987; L.N. 425 of 1987; L.N. 91 of 1988; L.N. 120 of 1988; L.N. 170 of 1988; L.N. 180 of 1988; L.N. 271 of 1988; L.N. 277 of 1988; L.N. 359 of 1988; L.N. 52 of 1989; L.N. 108 of 1989; L.N. 147 of 1989; L.N. 229 of 1989; L.N. 324 of 1989; L.N. 332 of 1989; L.N. 408 of 1989; L.N. 3 of 1990; L.N. 89 of 1990; L.N. 114 of 1990; L.N. 197 of 1990; L.N. 228 of 1990; L.N. 308 of 1990; L.N. 326 of 1990; L.N. 1 of 1991; L.N. 20 of 1991; L.N. 145 of 1991; L.N. 146 of 1991; L.N. 260 of 1991; L.N. 274 of 1991; L.N. 372 of 1991; L.N. 382 of 1991; L.N. 461 of 1991; L.N. 13 of 1992; L.N. 52 of 1992; L.N. 95 of 1992; L.N. 109 of 1992; L.N. 229 of 1992; L.N. 260 of 1992; L.N. 322 of 1992; L.N. 336 of 1992; L.N. 4 of 1993; L.N. 98 of 1993; L.N. 161 of 1993; L.N. 264 of 1993; L.N. 369 of 1993; L.N. 395 of 1993; L.N. 468 of 1993; L.N. 494 of 1993; L.N. 71 of 1994; L.N. 206 of 1994; L.N. 231 of 1994; L.N. 424 of 1994; L.N. 445 of 1994; L.N. 536 of 1994; L.N. 628 of 1994; L.N. 16 of 1995; L.N. 108 of 1995; L.N. 149 of 1995; L.N. 342 of 1995; L.N. 343 of 1995; L.N. 460 of 1995; L.N. 535 of 1995; L.N. 26 of 1996; L.N. 181 of 1996; L.N. 216 of 1996; L.N. 334 of 1996; L.N. 390 of 1996; L.N. 424 of 1996; L.N. 488 of 1996; L.N. 560 of 1996; L.N. 134 of 1997; L.N. 156 of 1997; L.N. 389 of 1997; L.N. 444 of 1997; L.N. 460 of 1997; L.N. 616 of 1997; L.N. 626 of 1997; L.N. 225 of 1998; L.N. 273 of 1998; L.N. 316 of 1998; L.N. 326 of 1998; L.N. 355 of 1998; L.N. 9 of 1999; L.N. 48 of 1999; L.N. 49 of 1999; L.N. 94 of 1999; L.N. 170 of 1999; L.N. 255 of 1999; L.N. 260 of 1999; L.N. 303 of 1999; 78 of 1999 s. 7; L.N. 360 of 2000; L.N. 31 of 2002; L.N. 29 of 2003; L.N. 143 of 2003; L.N. 204 of 2003;
L.N.: 265 of 2003; L.N. 22 of 2004; L.N. 142 of 2004; L.N. 77 of 2005; L.N. 133 of 2005; L.N. 223 of 2005;
L.N.: 57 of 2006; L.N. 183 of 2006; L.N. 246 of 2006; L.N. 58 of 2007; L.N. 177 of 2007; L.N. 2 of 2008; L.N. 15 of 2008; L.N. 68 of 2008; L.N. 263 of 2008; L.N. 11 of 2009; L.N. 125 of 2009; L.N. 185 of 2009; L.N. 40 of 2010)

[sections 2, 113 & 124A]
PART I
Public cemeteries
Name of Cemetery	Location
Cheung Chau Cemetery	Cheung Chau, New Territories
Hong Kong Cemetery	Happy Valley
Garden of Remembrance	Cape Collinson
Lai Chi Yuen Cemetery	Lantau, New Territories
*Mount Caroline Cemetery	So Kon Po
*New Kowloon Cemetery No. 8	Kowloon
(Diamond Hill Urn Cemetery)
Prison Cemetery	Stanley
Sandy Ridge Cemetery	Lo Wu, New Territories
Sandy Ridge Urn Cemetery	Lo Wu, New Territories
Tai O Cemetery	Lantau, New Territories
Wo Hop Shek Cemetery	Fanling, New Territories

(Amended G.N.A. 152 of 1960; 21 of 1973 s. 15; L.N. 269 of 1977; 78 of 1999 s. 7) PART II

Private cemeteries

Name of Cemetery Location

Buddhist Cemetery Cape Collinson

Carmelite Cemetery Stanley Chinese Permanent

Castle Peak Christian Cemetery Tuen Mun, New Territories

Cheung Chau Christian Cemetery Cheung Chau, New Territories

Cheung Chau Catholic Cemetery Cheung Chau, New Territories

Chinese Permanent Cemetery Aberdeen

Chinese Permanent Cemetery Cape Collinson

Chiu Yuen Cemetery Mount Davis

Christian Chinese Cemetery Pok Fu Lam Road

Chuen Yuen Church Cemetery Chuen Lung, Tsuen Wan, New Territories

Gurkha Cemetery Cassino Lines, New Territories

Hindu Cemetery Happy Valley

Jewish Cemetery Happy Valley

Junk Bay Chinese Permanent Cemetery Junk Bay, New Territories

Military Cemetery Cape Collinson

Muslim Cemetery Cape Collinson

Muslim Cemetery Happy Valley

New Kowloon Cemetery No. 1 (Christian Chinese Grampian Road, Kowloon

Cemetery)

New Kowloon Cemetery No. 2 (Little Sisters of the Clear Water Bay Road, Kowloon Poor Cemetery)

New Kowloon Inland Lot No. 2662 Cemetery (Roman Castle Peak Road, Kowloon

Catholic Cemetery)

Race Course Fire Memorial and Cemetery So Kon Po

Roman Catholic Cemetery Cape Collinson

Roman Catholic Cemetery Happy Valley

Sai Kung Catholic Cemetery Sai Kung, New Territories

Sung Him Tong Sung Chan Wui New Territories

Kei Tuk Kau Fan Cheung

Tao Fong Shan Christian Cemetery New Territories

Tsuen Wan Chinese Permanent Cemetery Tsuen Wan, New Territories

Zoroastrian Cemetery Happy Valley

(Amended 32 of 1963 s. 15; L.N. 61 of 1970; L.N. 193 of 1975; 69 of 1976 s. 6; L.N. 146 of 1983; 78 of 1999

s. 7)

PART III-PART IV

(Repealed 78 of 1999 s. 7)

PART IVA

Commonwealth War Graves Commission Cemeteries Cape Collinson Cheung Chau Diamond Hill Fu Shan Kwai Chung Wo Hop Shek

Name of Cemetery Sai Wan War Cemetery Stanley Military Cemetery	Cape Collinson Road Stanley	Location (Part IVA added 69 of 1976 s. 6)
	PART V
	Government crematoria

(Part V replaced 78 of 1999 s. 7)

PART VI

Private crematoria

Chuk Lam Sim Yuen, Tsuen Wan Kwun Yam Temple, Keung Shan, Tai O, Lantau Ling Yan Monastery, Keung Shan, Lantau Po Lam Monastery, Lantau Po Lin Monastery, Ngong Ping, Lantau Sai Chuk Lam Temple, Tsuen Wan

(Part VI replaced 78 of 1999 s. 7)

PART VII

Gardens of remembrance

Cape Collinson Cheung Chau Diamond Hill Fu Shan Kwai Chung Lamma Peng Chau Wo Hop Shek

(Part VII replaced 78 of 1999 s. 7)

Note:

* Declared closed G.N.A. 18 of 1961.

Schedule:	6	NAMES IN WHICH PROCEEDINGS FOR OFFENCES MAY BE BROUGHT UNDER SECTION 131(1)	3 of 2009	08/05/2009

Cap 132 - PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE
		[section 131]
Section	Name in which proceedings for offences may be brought
6 7 9 10 13 14 20 22 22A 24 25	Director of Drainage Services Director of Drainage Services Director of Drainage Services Director of Drainage Services Director of Food and Environmental Hygiene Director of Food and Environmental Hygiene Director of Food and Environmental Hygiene Director of Food and Environmental Hygiene Director of Food and Environmental Hygiene Director of Food and Environmental Hygiene Director of Food and Environmental Hygiene

27 Director of Food and Environmental Hygiene or Director of Health 30 Director of Food and Environmental Hygiene 31 Director of Food and Environmental Hygiene 32 Director of Food and Environmental Hygiene 33 Director of Food and Environmental Hygiene 34 Director of Food and Environmental Hygiene 36 Director of Food and Environmental Hygiene 43 Director of Leisure and Cultural Services 47 Director of Food and Environmental Hygiene 50 Director of Food and Environmental Hygiene where the offence committed is in respect of

food.

Director of Health where the offence committed is in respect of drugs. 51 Director of Food and Environmental Hygiene 51A Director of Food and Environmental Hygiene 52 Director of Food and Environmental Hygiene where the offence committed is in respect of

food.
Director of Health where the offence committed is in respect of drugs.

54 Director of Food and Environmental Hygiene where the offence committed is in respect of food. Director of Health where the offence committed is in respect of drugs.

59 Director of Food and Environmental Hygiene where the offence committed is in respect of food. Director of Health where the offence committed is in respect of drugs.

61 Director of Food and Environmental Hygiene where the offence committed is in respect of food. Director of Health where the offence committed is in respect of drugs.

62 Director of Food and Environmental Hygiene where the demand or requisition relates to food. Director of Health where the demand or requisition relates to drugs. 63 Director of Food and Environmental Hygiene where the certificate relates to food.

Director of Health where the certificate relates to drugs. 68 Director of Food and Environmental Hygiene or Director of Health 69 Director of Food and Environmental Hygiene where the direction is given by him or a public

officer authorized by him and the notification is given in relation to food.
Director of Health where the direction is given by him or a public officer authorized by him
and the notification is given in relation to drugs.

72 Director of Food and Environmental Hygiene where the offence committed is in respect of food. Director of Health where the offence committed is in respect of drugs.

78D Director of Food and Environmental Hygiene 78E Director of Food and Environmental Hygiene 78F Director of Food and Environmental Hygiene 78I Director of Food and Environmental Hygiene

81 Director of Food and Environmental Hygiene 83B Director of Food and Environmental Hygiene 92C Director of Leisure and Cultural Services in respect of section 92A and Director of Food and

Environmental Hygiene in respect of section 92AB 93 Director of Food and Environmental Hygiene 94 Director of Food and Environmental Hygiene 101 Director of Food and Environmental Hygiene 105 Director of Buildings 110 Director of Leisure and Cultural Services 111D Director of Lands 112 Director of Food and Environmental Hygiene 112A Director of Food and Environmental Hygiene 115 Director of Food and Environmental Hygiene 117 Director of Food and Environmental Hygiene 118 Director of Food and Environmental Hygiene 124 Director of Food and Environmental Hygiene 124F Director of Food and Environmental Hygiene 127 Director of Food and Environmental Hygiene 128 Director of Food and Environmental Hygiene 128B Director of Food and Environmental Hygiene 128C Director of Food and Environmental Hygiene

(Sixth schedule replaced 78 of 1999 s. 7. Amended 1 of 2002 s. 5; 3 of 2009 s. 4)

FORM A [sections 64(1) & 65(1)]

PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE

(Chapter 132)

Certificate of analysis

To .........................................

I, the undersigned, being a public analyst for the purposes of the Public Health and Municipal Services Ordinance, do hereby certify that I received on the ........................................................... day of ............., 19 ........... from ............... a sealed packed marked ................ said to contain a sample of ......................, that I found the seals intact and have analysed the contents of the said packet and declare the result of my analysis to be as follows.

I am of opinion that the same is a genuine sample of ........................................................
.................................................................................

I am of opinion that the said sample contained the parts as under or the foreign ingredients as under ................................................................................................................................

Observations

..............................................................................................................................................................................................
............................................................................................
As witness my hand this................................................. day of.........................., 19...............

Signature ............................................ Government Chemist. (or as case may be).

Note: All percentages given in definitions or standards prescribed are, unless otherwise specified, percentages by weight.

FORM B [section 126(2)]

PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE (Chapter 132) (section 126(2))

Warrant to effect entry into premises

WHEREAS application has been made by A.B. to me, C.D., a magistrate of Hong Kong, to authorize the said

A.B. to enter certain premises ................................................................. (here insert description of premises), and whereas I, C.D., am satisfied by information on oath that there is reasonable ground for entry to such premises and that ........................................... ..................................................................... (here insert ground on which warrant is issued).

Now, therefore, I, the said C.D., do hereby authorize the said A.B. to enter the said premises, if need be by force,

with such assistants as he may require, and there execute his duties under the said Ordinance. Dated this ...................... day of ......................, 19 ......... [L.S.]

(Signed) .............................................. Magistrate. (Amended 47 of 1997 s. 10)

FORM C [section 127(1)]

PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE

(Chapter 132)

(section 127(1))

Nuisance notice

To ............................................................ (person by reason of whose act, default or sufferance the nuisance arose or exists, or owner or occupier of the premises at which the nuisance exists, as the case may be).

Take notice that under the provisions of the Public Health and Municipal Services Ordinance, the......................................................................................(specify the Authority), being satisfied of the existence at ........................................................................................... ......................................................................................... (describe premises where nuisance exists) of a nuisance, being ..................................................................................................... .............................................................................. ............ (describe the nuisance), do hereby require you, within ................................................... (specify the time) from the service of this notice, to abate the nuisance, and for that purpose to ................................................................ ........................................................................... (specify any works to be executed) [and the said ................................ (Authority) do hereby require you within the said period to do what is necessary for preventing the recurrence of the nuisance and for this purpose to ........................ ......................................................................(specify any works to be executed)].
Where the nuisance has been abated but is likely to recur, say ......................................... ......................................................... being satisfied that at ................................................... (describe premises where nuisances existed) there existed recently, namely, on or about the .............................................................................. (specify the date), the following nuisance, namely, .............................................................................................................. (describe the nuisance), and that although the said nuisance has since the last mentioned day been abated, the nuisance is likely to recur at the said premises, do hereby require you, within ....................... (specify the time) from the service of this notice, to do what is necessary for preventing the recurrence of the nuisance, and for that purpose to .................................................................. ................................................................................................................ (specify any works to be executed).

If you make default in complying with the requirements of this notice (or if the said nuisance, though abated, is likely to recur) application will be made to a Magistrate's Court for a summons to be issued requiring your attendance before such court to answer a complaint which will be made for the purpose of enforcing the abatement of the nuisance and/or prohibiting the recurrence thereof, or both, and for recovering the costs and penalities that may incurred thereby.

Dated this ................................. day of........................ , 19 .......

Signature ........................................

FORM D [section 127(4)]

PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE

(Chapter 132)

(section 127(4))

Nuisance Order

To A.B., of ................................................................................................................ (or to the owner or occupier of) (describe premises) situated (insert such description of the situation as may be sufficient to identify the premises), WHEREAS the said A.B. (or the owner or occupier, namely ............................................................................................................. of the said premises within the meaning of the Public Health and Municipal Services Ordinance has this day appeared before me (or us, describing the court) to answer the matter of a complaint made by &c. that at &c. (follow the words of complaint in summons) (or in case the party charged do not appear, say WHEREAS it has been now proved to my (or our) satisfaction that a summons has been duly served according to the Public Health and Municipal Services Ordinance, requiring the said A.B. (or the owner or occupier of the said premises) to appear this day before me (or us) to answer the matter of a complaint made by &c. that at &c.):

(Any of the following orders may be made or a combination of any of them, as the case seems to require).

Abatement order

Now on proof here had before me (or us) that the nuisance so complained of does exist at the said premises (add, where the order is made on the person causing the nuisance, and that the nuisance is caused by the act, default or suffering of A.B.), I (or we), in pursuance of the Public Health and Municipal Services Ordinance, do order the said

A.B. (or the said owner or occupier) within (specify the time) from the service of this order according to the said Ordinance to (here specify the nuisance to be abated).

Prohibition Order No. 1

And I (or we) being satisfied that, notwithstanding that the said nuisance may be temporarily abated under this order, the nuisance is likely to recur, do therefore prohibit the said A.B. (or the said owner or occupier) from allowing the recurrence of the said or like nuisance (and for that purpose I or we direct the said A.B. or the said owner or occupier [here specify any works to be executed]).

Prohibition Order No. 2

Now, on proof here had before me (or us) that at or recently before the time of making the said complaint, to wit, on ............................................................................................... the nuisance so complained of did exist at the said premises, but that the nuisance has since been abated (add where the order is made on the person causing the nuisance, and that the nuisance was caused by the act, default or sufference of A.B.), yet, notwithstanding the abatement, I (or we) being satisfied that it is likely that the same or the like nuisance will recur at the said premises, do therefore prohibit (continue as in Prohibition Order No. 1).

Closing order

Now, on proof here had before me (or us) that the nuisance is such as to render the dwelling-house (describe the house) situated at (insert such a description of the situation as may be sufficient to identify the dwelling-house) unfit in my (or our) judgment for human habitation, I (or we) in pursuance of the Public Health and Municipal Services Ordinance, do hereby prohibit the use of the said dwelling-house for human habitation.

Dated this ......................... day of ......................, 19 ............

[L.S.]

(Signed) .............................................. Magistrate. (Amended 32 of 1963 s. 17; 47 of 1997 s. 10)

FORM E [section 112A(1)(a)]

PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE

(Chapter 132)

(section 112A(1))

Notice to bury or cremate human remains

To ........................................................................................................................................ (person who has the right to effect the disposal of the remains of the deceased).

WHEREAS .......................................................................................................................... (specify name of deceased),
hereinafter referred to as "the deceased", died
at................................................................................................................................... (specify place of
death............................................................................................ on or about .............................................. day
of ................................... 19 ................... (specify date of death):

AND WHEREAS-

(a): a certificate of registration of such death was issued under section 17(1) of the Births and Deaths Registration Ordinance (Cap 174) on the ................................................ day of ........................................................ 19 ............... (specify date of issue); or
(b): an order under section 17(1) of the Births and Deaths Registration Ordinance to bury or cremate the body of the deceased was obtained from ........................................... ......................................................................................................................... .... (specify name of person making order), a coroner, on the .......................................... day of ..................................................... 19 ................. (specify date of order); or
(c): written sanction/direction* to bury the body of the deceased was given under section 16(1) of the Births and Deaths Registration Ordinance by ......................................... .............................................................................................................................. (specify name of person making order), Registrar of Births and Deaths/deputy registrar of births and deaths/district registrar of births and deaths*, on the .......................................................... day of ................................... 19................. (specify date of order); or
(d): a permit to bury the body of deceased was issued under section 16(1) of the Births and Deaths Registration Ordinance by ..................................................................... .................................................................................................. ............................ (specify name of inspector or other officer in charge the issued permit) of the ............ .......................................................................................................... police station (specify name of police station at which the application for a permit was made) on the..................................................... day of ................................. 19.................... (specify date of issue):

(complete whichever of paragraphs (a), (b), (c) or (d) is applicable and delete other paragraphs)

NOW TAKE NOTICE that under the provisions of the Public Health and Municipal Services Ordinance, the ................................................................................................................. (specify the Authority) hereby requires you to cause the remains of the deceased to be lawfully buried or cremated within .................................................................................... (specify period) from the date of service of this notice on you.

IF you fail to comply with the requirements of this notice, the ................................................... ..................................................................................................... (specify the Authority) may take possession of such remains and arrange for their disposal in any manner it/he* may think fit. You will also be guilty of an offence.

THIS notice does not exempt you from any provision in any other enactment governing the burial or cremation of human remains. In particular, if you wish to cremate the remains of the deceased, you must comply with the provisions of sections 124C, 124D, 124E and 124F. Dated this............................................... day of............................, 19 ................

Signature ...........................................

Note: * Delete whichever is inapplicable.

(Added 48 of 1969 s. 12. Amended 21 of 1973 s. 17; 10 of 1986 s. 29)

FORM F [section 128(1)]

PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE

(Chapter 132)

(section 128(1))

Prohibition Order

CONCERNING the premises/vessel known as ...................................................................... situated
at....................................................................................................................... ...........................................................
...........................................................................

TO the occupier of the said premises/master of the said vessel OR to the occupier of part thereof, namely............................................................................................................... .......................................................... ...........................................................................

(specify part the subject of the application).

WHEREAS application has been made to me by ............................................................. ........................................................................................................................... .................. (public officer making the application) for an order prohibiting the use of the above premises/vessel/specified part as .................................................................................. (specify use to be prohibited) on the grounds that the said premises are/vessel is/specified part is being used without registration/licence/permit OR in contravention of a suspension of registration/licence/permit OR in contravention of the provisions of the Public Health and Municipal Services Ordinance, namely ................................................................................... ............................................................................................. ...... (specify the contravention):

NOW on proof to my satisfaction of the said grounds and that at least 14 days' notice of intention to apply for this Order has been given as required by law, I DO, in exercise of my powers under section 128(1) of the Public Health and Municipal Services Ordinance-

(a): order that a copy of this Order, in English and Chinese, be served by affixing it to a conspicuous part of the said premises/vessel/specified part;
(b): prohibit the use of the said premises/vessel/specified part thereof as/for ..................... ..............................................................................(specify use prohibited) from the 8th day after copies of this Order have been so served until such time as this Order may be rescinded in accordance with section 128(2) of the Public Health and Municipal Services Ordinance.

Dated this ................................ day of ............................, 19 ................
[L.S.]

(Signed) ................................................. Magistrate.

Note: 1. The penalties for a breach of this Order are a fine at level 6 and imprisonment for 12 months and a fine of $1750 for each day during which the offence continues.

If this Order relates to premises, a vessel or a specified part to which regulations made under section 56 of the Public Health and Municipal Services Ordinance apply, failure to comply with it continuously from the 8th day after service of this Order may result in a Closure Order being made in respect of the premises/vessel/specified part.
The penalty for removing or defacing a copy of this Order affixed to any premises, vessel or

specified part is a fine at level 4 and imprisonment for 6 months. (Added 76 of 1988 s. 6. Amended L.N. 164 of 1996; 78 of 1999 s. 7)

FORM G [section 128(4)]

PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE

(Chapter 132)

(section 128(4))

Closure Order

TO ...................................................................................................................................... (public officer making the application). WHEREAS a Prohibition Order was made by

me ........................................................... ...................................................................... (OR specify the person who
made the order) on the .................... day of ................. 19 ............, in respect of the premises/vessel/specified part
known as ............................................................................................................................. situated
at ........................................................................................................... prohibiting the use of those premises/that
vessel/that part as ..................................................................... ..................................................... (specify use
prohibited);

AND WHEREAS application has been made to me for a Closure Order in respect of those premises/that vessel/that part, being premises/a vessel/a part to which regulations made under section 56 of the above Ordinance apply:

NOW on proof to my satisfaction that the Prohibition Order has not been continuously complied with from the 8th day after it was served and that at least 14 days' notice of intention to apply for this Order has been given as required by law, I DO, in exercise of my powers under section 128(4) of the Public Health and Municipal Services Ordinance, authorize you, ....................................................................................................................................... (public officer applying for the Closure Order)-

(a): to serve a copy of this Order by affixing it to a conspicuous part of the said premises/vessel/specified part;
(b): on the 8th day thereafter to close the said premises/vessel/specified part in the manner prescribed by law.

Dated this ......................... day of ....................., 19 .........
[L.S.]

(Signed) ...................................................... Magistrate.

Note: 1. It is an offence for any unauthorized person to enter or remain in or on the premises, vessel or specified part to which this Order relates after it has been served. The penalties are a fine at level 6 and imprisonment for 12 months and a fine of $1750 for each day during which the offence continues.

2. The penalty for removing or defacing a copy of this Order affixed to any premises, vessel or specified part or for breaking or interfering with any lock or seal placed on any premises, vessel or specified part is a fine at level 4 and imprisonment for 6 months.

(Added 76 of 1988 s. 6. Amended L.N. 164 of 1996; 78 of 1999 s. 7)

FORM H														[section 128B(1)]
PUBLIC HEALTH AND MUNICIPAL SERVIC											ES ORDINANCE
(Chapter 132)
(section 128B(1))
Closure Order
TO	the Director o		f Food and Environmental Hygiene.
You		have	applied	to	me	for	a	closure	order	in	respect	of	the	premises	situated

at ...................................................................................................................../vessel ..............................................* on the ground that the premises are/vessel is* used or occupied/certain activity is conducted* on the premises/in the vessel* without a licence, permit or permission under the Public Health and Municipal Services Ordinance (Cap 132) ("the Ordinance");

NOW on proof to my satisfaction of this ground and that a copy of the notice of intention to apply for this order was affixed at a conspicuous place on the premises/vessel* and served on the owner of the premises/vessel* as required by section 128B(3) of the Ordinance, I DO, in exercise of my powers under section 128B(1) of the Ordinance, authorize you, subject to the requirement of section 128B(6) of the Ordinance, to close the premises/vessel* in the manner prescribed by the Ordinance.

Dated this ................. day of .......................... , .................

[L.S.]

(Signed) ............................................................... Magistrate.

Note: 1. It is an offence for any unauthorized person to enter or remain on the premises/in the vessel* to which this

order relates after it has come into force. The penalties are a fine at level 6 and imprisonment for 12 months

and a fine of $1750 for each day during which the offence continues.

2. The penalties for removing or defacing a copy of this order affixed to any premises/vessel* or for breaking or interfering with any lock or seal made or caused to be made by the Director on the premises/in the vessel* without lawful authority or reasonable excuse are a fine at level 4 and imprisonment for 6 months.

* Delete as appropriate. (Added 1 of 2002 s. 6)

FORM I [section 128C(1)]

PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE

(Chapter 132)

(section 128C(1)) Closure Order

TO the owner and occupier of the premises situated at ................................................... .......................................................................... /owner and master of the vessel .............................................................................................................................. *

I now have reasonable cause to believe that an immediate health hazard exists on the premises/in the vessel/in ................................................... of the vessel*, I DO, in exercise of my powers under section 128C(1) of the Public Health and Municipal Services Ordinance (Cap 132) ("the Ordinance"), order to close the premises/vessel/that part of the vessel* with immediate effect in the manner prescribed by the Ordinance.

The details of the immediate health hazard are:

This order remains in force until a notice to rescind it is issued by me upon proof to my satisfaction that-

(a): the immediate health hazard on the premises/in the vessel/in that part of the vessel* has been eliminated and the use or occupation of/the activity to be conducted on or in* the premises/vessel/that part of the vessel* has been licensed or permitted; or
(b): the premises/vessel/that part of the vessel* will not be used or occupied for a purpose that requires a licence, permit or permission under any subsidiary legislation mentioned in section 128A(1) of the Ordinance and no activity mentioned in that section will be conducted on the premises/in the vessel/in that part of the vessel*.

Any person who feels aggrieved by this order may, within 7 days after the day on which this order was made or such longer time as the Chairman of the Appeal Board on Closure Orders (Immediate Health Hazard) may allow, appeal to that Appeal Board against this order.

Dated this ................. day of .......................... , .................

(Signed) ............................................................................. Director of Food and Environmental Hygiene.

Note: 1. It is an offence for any unauthorized person to enter or remain on the premises/in the vessel* to which this order relates after it has come into force. The penalties are a fine at level 6 and imprisonment for 12 months and a fine of $1,750 for each day during which the offence continues.

* Delete as appropriate. (Added 1 of 2002 s. 6)

FORM J [section 128C(6)]

PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE

(Chapter 132)

(section 128C(6)) Notice of Rescission of Closure Order

TO the owner and occupier of the premises situated at ......................................................................... /owner and
master of the vessel ...................................................*

NOW on proof to my satisfaction that-

(a): the immediate health hazard on the premises/in the vessel/in the ....................... of the vessel* has been eliminated and the use or occupation of/the activity to be conducted on or in* the premises/vessel/that part of the vessel* has been licensed or permitted; or
(b): the premises/vessel/that part of the vessel* will not be used or occupied for a purpose that requires a licence, permit or permission under any subsidiary legislation mentioned in section 128A(1) of the Public Health and Municipal Services Ordinance (Cap 132) ("the Ordinance") and no activity mentioned in that section will be conducted on the premises/in the vessel/in that part of the vessel*.

I DO, in exercise of my powers under section 128C(6) of the Ordinance, rescind the closure order in respect of the premises/vessel/that part of the vessel* with immediate effect.

Dated this ................. day of .......................... , .................

(Signed) ............................................................................. Director of Food and Environmental Hygiene.

* Delete as appropriate. (Added 1 of 2002 s. 6)

Schedule:	8	(Repealed 78 of 1999 s. 7)	L.N. 320 of 1999	01/01/2000

Schedule:	9	PENALTIES	3 of 2009	08/05/2009

Cap 132 - PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE
[section 150]
Section		Penalty	Daily penalty
6(1)(a), (b) or (c)	level 5		--
6(1)(d) or (e)	level 5		--
7(2)	level 5		--
9(a)	level 2		--
9(b)	level 4		--
10(3)	level 2		--
13(2)(a)	level 2		$ 100 fine
13(5)	level 1		$ 50 fine
14(2)(a)	level 2		$ 50 fine
20(3)(b)	level 2		$ 300 fine
22(1)(a)	level 2		$ 50 fine
22A(1)(b)	level 2		$ 100 fine
24(2)(a)	level 2		$ 50 fine
25(a)	level 1		--
25(b)	level 2		--
27(2), (3) or (3A)	level 4		$ 450 fine
30(2)(a)	level 2		$ 100 fine
31	level 1		--
32(2)(a)	level 2		$ 100 fine
33(3)(a)	level 2		$ 100 fine

Cap 132 - PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE
34(a) or (b)	level 1	--
36(2)	level 2	$ 100 fine
43(2)	level 1	--
47(2)(a)	level 2	$ 100 fine
47(5)	level 1	--
50(4)	level 3 and 3 months imprisonment	--
51(5)	level 3 and 3 months imprisonment	--
51A(4) or (5)	level 3 and 3 months imprisonment	--
52(1) or (2)	level 3 and 3 months imprisonment	--
54(1) or (2)	level 5 and 6 months imprisonment	--
58(4) or (5)	level 3 and 3 months imprisonment	--
59(1A) or (3)	level 5 and 6 months imprisonment	--
61(1) or (2)	level 5 and 6 months imprisonment	--
62(4)	level 2	--
63(9)	level 2	--
68(3)	level 1	--
69(2)	level 3 and 3 months imprisonment	--
72(1) or (2)	level 5 and 6 months imprisonment	--
78D(1)	level 6 and 12 months imprisonment	--
78E(3)	level 3 and 3 months imprisonment	--
78F(2)	level 3 and 3 months imprisonment	--
78I(3)	level 5 and 6 months imprisonment	--
81(2)	level 1	--
83B(3)	level 2 and 1 month imprisonment (first conviction)	$ 300 fine
	level 3 and 6 months imprisonment (second or subsequent	$ 300 fine
	conviction)
92C(1)	level 2 and 6 months imprisonment	--
92C(2)	level 4 and 6 months imprisonment	$ 450 fine
93(4)	level 3 and 3 months imprisonment	$ 450 fine
94(3)	level 2	--
94(3A) or (3B)	level 3 and 3 months imprisonment	--
101(3)	level 3 and 3 months imprisonment	--
104A(2)	level 3	$ 300 fine
104B(2)	level 3	$ 300 fine
105(2)(a)	level 2	$ 100 fine
110(2)	level 1	--
111D	level 3	--
112(1) or (2)	level 1	$ 50 fine
112A(3)(a)	level 2	--
112A(3)(b)	level 2	$ 100 fine
115(3)	level 2	--
117(2)	level 1	--
118(1) or (2)	level 2 and 6 months imprisonment	--
124(2)	level 2	--
124F(1)	level 2 and 6 months imprisonment	─
124F(2)	2 years imprisonment	─
124F(3)	5 years imprisonment	─
125(5)	level 2	─
127(3)(a) or (b)	level 3	$ 200 fine
127(7)(a)	level 4	$ 450 fine
128(3)	level 6 and 12 months imprisonment	$1750 fine
128(10)(a)	level 6 and 12 months imprisonment	$1750 fine
128(10)(b) or (c)	level 4 and 6 months imprisonment	─
128B(12)(c)and	level 6 and 12 months imprisonment	$1750 fine

128C(12)(c)
128B(12)(a)and (b) and	level 4 and 6 months imprisonment	─
128C(12)(a) and (b)
139	level 4 and 6 months imprisonment	─

(Replaced 177 of 1996. Amended 78 of 1999 s. 7; 1 of 2002 s. 7; 9 of 2006 s. 3; 3 of 2009 s. 5)

[section 79]

Name of Market	Name in Chinese
Aberdeen Market	香港仔街市
Aldrich Bay Market	愛秩序灣街市
Ap Lei Chau Market,	鴨脷洲街市，鴨脷洲市政大廈
Ap Lei Chau Complex
Bowrington Road Market	鵝頸街市
Bridges Street Market	必列啫士街街市
Causeway Bay Market	銅鑼灣街市
Centre Street Market	正街街市
Chai Wan Market	柴灣街市
Electric Road Market	電氣道街市
Java Road Market	渣華道街市
Kut Shing Street Cooked Food Market	吉勝街熟食市場
Lockhart Road Market	駱克道街市
Nam Long Shan Road Cooked Food Market	南朗山道熟食市場
North Point Market	北角街市
Quarry Bay Market	鰂魚涌街市
Queen Street Cooked Food Market	皇后街熟食市場
Sai Wan Ho Market	西灣河街市
Sai Ying Pun Market	西營盤街市
Shau Kei Wan Market	筲箕灣街市
Shek Tong Tsui Market, Shek Tong Tsui Complex	石塘咀街市
Sheung Wan Market	上環街市
Smithfield Market	士美菲路臨時街市
Stanley Waterfront Mart	赤柱海濱小賣亭
Tang Lung Chau Market	燈籠洲街市
Tin Wan Market	田灣街市
Wan Chai Market*	灣仔街市
Wong Nai Chung Market	黃泥涌街市
Yue Kwong Road Market	漁光道街市
Yue Wan Market	漁灣街市
Cheung Sha Wan Cooked Food Market	長沙灣熟食市場
Choi Hung Road Market	彩虹道街市
Fa Yuen Street Market	花園街街市
Haiphong Road Temporary Market	海防道臨時街市
Hung Hom Market, Hung Hom Complex	紅磡街市

Kowloon City Market九龍城街市 Kwun Chung Market, Kwun Chung Complex官涌街市 Kwun Tong Ferry Concourse Cooked Food Market觀塘碼頭熟食市場 Lai Wan Market荔灣街市 Lei Yue Mun Market鯉魚門街市 Mong Kok Market旺角街市 Mong Kok Cooked Food Market 旺角熟食市場 Ngau Chi Wan Market牛池灣街市 Ngau Tau Kok Market牛頭角街市 On Ching Road Flower Market安靜道生花市場 Pei Ho Street Market北河街街市 Po On Road Market保安道街市 Sheung Fung Street Market雙鳳街街市 Shui Wo Street Market瑞和街街市 Sze Shan Street Cooked Food Market四山街熟食市場 Tai Kok Tsui Market大角咀街市 Tai Shing Street Market大成街街市 To Kwa Wan Market土瓜灣街市 Tsun Yip Cooked Food Market駿業熟食市場 Tung Chau Street Temporary Market通州街臨時街市 Tung Yuen Street Cooked Food Market東源街熟食市場 Yau Ma Tei Market油蔴地街市 Yee On Street Market宜安街街市 Chai Wan Kok Cooked Food Market柴灣角熟食市場 Cheung Chau Cooked Food Market長洲熟食市場 Cheung Chau Market長洲街市 Cheung Tat Road Cooked Food Market長達路熟食市場 Fo Tan Cooked Food Market (East)火炭東熟食市場 Fo Tan Cooked Food Market (West)火炭西熟食市場 Heung Che Street Market香車街街市 Hung Cheung Cooked Food Market洪祥熟食市場 Hung Shui Kiu Temporary Market洪水橋臨時街市 Ka Ting Cooked Food Market 嘉定熟食市場 Kam Tin Market錦田街市 Kik Yeung Road Cooked Food Market擊壤路熟食市場 Kin Wing Cooked Food Market建榮熟食市場 Kin Yip Street Cooked Food Market建業街熟食市場 Kwai Shun Street Cooked Food Market葵順街熟食市場 Kwong Choi Market廣財街市 Kwu Tung Market Shopping Centre古洞街市購物中心 Lam Tei Market藍地街市 Lau Fau Shan Market流浮山街市 Luen Wo Hui Market聯和墟街市 Mui Wo Cooked Food Market梅窩熟食市場

Mui Wo Market	梅窩街市
North Kwai Chung Market	北葵涌街市
Peng Chau Market	坪洲街市
Plover Cove Road Market	寶湖道街市
Sai Kung Market	西貢街市
San Hui Market	新墟街市
Sha Tau Kok Market	沙頭角街市
Sha Tin Market	沙田街市
Sham Tseng Temporary Market	深井臨時街市
Shek Wu Hui Market	石湖墟街市
Tai Kiu Market	大橋街市
Tai O (Lantau) Market	大澳街市
Tai Po Hui Market	大埔墟街市
Tai Tong Road Cooked Food Market	大棠道熟食市場
Tai Wai Market	大圍街市
Tai Yuen Street Cooked Food Market	大圓街熟食市場
Tsing Yeung Cooked Food Market	青楊熟食市場
Tsing Yi Market	青衣街市
Tsuen King Circuit Market	荃景圍街市
Tsuen Wan Market	荃灣街市
Tui Min Hoi Market	對面海街市
Tung Yick Market	同益街市
Wing Fong Street Market	榮芳街街市
Wo Yi Hop Road Cooked Food Market	和宜合道熟食市場
Yan Oi Market	仁愛街市
Yeung Uk Road Market	楊屋道街市

(Added 21 of 1973 s. 19. Amended L.N. 179 of 1973; L.N. 181 of 1973; L.N. 258 of 1973; L.N. 206 of 1974;

L.N. 198 of 1975; L.N. 213 of 1975; L.N. 132 of 1976; L.N. 103 of 1979; L.N. 141 of 1979; L.N. 179 of 1979;

L.N. 241 of 1979; L.N. 301 of 1979; L.N. 31 of 1980; L.N. 49 of 1980; L.N. 60 of 1980; L.N. 117 of 1980; L.N. 138 of 1980; L.N. 183 of 1980; L.N. 206 of 1980; L.N. 155 of 1981; L.N. 167 of 1981; L.N. 186 of 1981; L.N. 205 of 1981; L.N. 338 of 1981; L.N. 346 of 1981; L.N. 63 of 1982; L.N. 93 of 1982; L.N. 94 of 1982; L.N. 125 of 1982; L.N. 212 of 1982; L.N. 280 of 1982; L.N. 382 of 1982; L.N. 389 of 1982; L.N. 398 of 1982; L.N. 399 of 1982; L.N. 45 of 1983; L.N. 62 of 1983; L.N. 91 of 1983; L.N. 151 of 1983; L.N. 169 of 1983; L.N. 347 of 1983; L.N. 48 of 1984; L.N. 61 of 1984; L.N. 111 of 1984; L.N. 159 of 1984; L.N. 287 of 1984; L.N. 351 of 1984; L.N. 396 of 1984; L.N. 421 of 1984; L.N. 30 of 1985; L.N. 54 of 1985; L.N. 149 of 1985; L.N. 204 of 1985; L.N. 275 of 1985; L.N. 355 of 1985; L.N. 10 of 1986; 10 of 1986 s. 30; L.N. 103 of 1986; L.N. 289 of 1986; L.N. 314 of 1986; L.N. 94 of 1987; L.N. 169 of 1987; L.N. 372 of 1987; L.N. 387 of 1987; L.N. 197 of 1988; L.N. 342 of 1988; L.N. 343 of 1988; L.N. 258 of 1989; L.N. 395 of 1989; L.N. 52 of 1990; L.N. 325 of 1990; L.N. 399 of 1990; L.N. 400 of 1990; L.N. 43 of 1991; L.N. 104 of 1991; L.N. 124 of 1991; L.N. 437 of 1991; L.N. 259 of 1992; L.N. 34 of 1993; L.N. 109 of 1993; L.N. 224 of 1993; L.N. 444 of 1994; L.N. 479 of 1994; L.N. 15 of 1995; L.N. 42 of 1995; L.N. 176 of 1995; L.N. 588 of 1995; L.N. 44 of 1996; L.N. 164 of 1996; L.N. 215 of 1996; L.N. 423 of 1996; L.N. 155 of 1997; L.N. 190 of 1998; L.N. 387 of 1998; L.N. 11 of 1999; L.N. 126 of 1999; L.N. 154 of 1999; L.N. 184 of 1999; L.N. 233 of 1999; L.N. 293 of 1999; 78 of 1999 s. 7; L.N. 262 of 2000; L.N. 43 of 2001; L.N. 139 of 2001; L.N. 95 of 2002; L.N. 194 of 2002; L.N. 197 of 2003;

L.N. 117 of 2004; L.N. 143 of 2004; L.N. 167 of 2004; L.N. 19 of 2005; L.N. 126 of 2005; L.N. 127 of 2005;

L.N. 151 of 2005; L.N. 152 of 2005; L.N. 40 of 2006; L.N. 41 of 2006; L.N. 259 of 2006; L.N. 260 of 2006;

L.N. 12 of 2007; L.N. 182 of 2008; L.N. 193 of 2008; L.N. 194 of 2008; L.N. 207 of 2009)

Note:

* 1. The Wan Chai Market (at 264 Queen's Road East, Wan Chai, Hong Kong) ceases, immediately before the commencement of 1 September 2008, to be designated as a public market - see L.N. 181 of 2008.

2. The Wan Chai Market (on the Ground Floor, 258 Queen's Road East, Wan Chai, Hong Kong), being a market to which the Public Health and Municipal Services Ordinance (Cap 132) applies, is designated as a public market with effect from 1 September 2008 - see L.N. 192 of 2008.

Schedule:	11	LICENSED ACTIVITIES	L.N. 320 of 1999	01/01/2000

	[sections 92A & 124L]
	(Amended 78 of 1999 s. 7)
Billiard establishment
Public bowling-alley
Public skating rink
	(Added 21 of 1973 s. 19. Amended 53 of 1988 s. 6; 78 of 1999 s. 7)

Schedule:	11A	LICENSED ACTIVITY	L.N. 320 of 1999	01/01/2000

[sections 92AB, 92B & 124I]

Undertakers of burials (Schedule 11A added 78 of 1999 s. 7)

Schedule:	12	STADIA		30/06/1997

[section 105A]

Hong Kong Stadium Mong Kok Stadium (Added 2l of 1973 s. 19. Amended L.N. 19 of 1974; L.N. 195 of 1974; L.N. 190 of 1985;

L.N. 353 of 1987: L.N. 72 of 1994)

Schedule:	13	CIVIC CENTRES	L.N. 6 of 2007	16/03/2007

[section 105M]

The Cinema and the Exhibition Hall of Hong Kong Film Archive, 50 Lei King Road, Sai Wan Ho

The City Hall at Connaught Road Central

The Hong Kong Coliseum at Cheong Wan Road, Hung Hom

The Hong Kong Cultural Centre and the Salisbury Garden appurtenant thereto (excluding the marriage registry and any building or part of a building designated under section 105G as a museum or under section 105K as a library) at Salisbury Road, Tsim Sha Tsui, Kowloon

The Hong Kong Visual Arts Centre at 7A Kennedy Road inside Hong Kong Park

The Ko Shan Theatre at the Ko Shan Road Park, Hung Hom

The Kwai Tsing Theatre at Hing Ning Road, Kwai Chung

The Lecture Hall and Special Exhibition Hall of the Hong Kong Science Museum at 2 Science Museum Road, Tsim Sha Tsui East, Kowloon

The Lecture Hall in the extension block connecting Blocks S61 and S62, the Activity Room in Block S62, and the Courtyard and Cafeteria between Blocks S61 and S62, of Hong Kong Heritage Discovery Centre, Kowloon Park, Haiphong Road, Tsim Sha Tsui, Kowloon

The Lecture Hall, the Activity Rooms 1 and 2, the Special Exhibition Gallery and the Courtyard of the Hong Kong Museum of History, 100 Chatham Road South, Tsim Sha Tsui

The Lecture Hall, the Ceramic Studio, the Painting Studio, the Printmaking Studio, the Lobby and the Podium on 1/F

of the Hong Kong Museum of Art at 10 Salisbury Road, Tsim Sha Tsui, Kowloon.

The Lecture Theatre, the Exhibition Gallery, Activity Room 1 and Activity Room 2 of the building known as the Hong Kong Central Library at 66 Causeway Road, Causeway Bay, Hong Kong and any other part of that building that is not designated as a library under section 105K.

The Ngau Chi Wan Civic Centre (牛池灣文娛中心) at the junction of Clear Water Bay Road and Lung Cheung Road, Kowloon

The North District Town Hall at the North District Community Centre, Sheung Shui

The Queen Elizabeth Stadium at Oi Kwan Road, Wan Chai

The Sai Wan Ho Civic Centre at 111 Shau Kei Wan Road, Sai Wan Ho

The Sha Tin Town Hall at Yuen Wo Road, Sha Tin

The Sheung Wan Civic Centre at Queen's Road Central, Hong Kong

The Tai Po Civic Centre at the Tai Po Government Secondary School at On Pong Road, Tai Po

The Tea Room, Galleries 1, 2 and 3 and the North Lawn of the Flagstaff House Museum of Tea Ware, 10 Cotton Tree Drive, Central

The Theatre, the Seminar Room, the Education Studio, the Function Place, the Courtyard and the Main Foyer (including the Grand Staircase) of the Hong Kong Heritage Museum, 1 Man Lam Road, Sha Tin

The Tsuen Wan Town Han at Tai Ho Road, Tsuen Wan

The Tuen Mun Town Hall at Tuen Hi Road, Tuen Mun

The Yuen Long Theatre at Tai Yuk Road, Yuen Long (Added 21 of 1973 s. 19. Amended L.N. 30 of 1980; L.N. 87 of 1980; L.N. 203 of 1981; L.N. 223 of 1981;

L.N. 53 of 1982; L.N. 194 of 1982; L.N. 46 of 1983; L.N. 90 of 1983; L.N. 74 of 1985; L.N. 126 of 1986; L.N. 272 of 1986; L.N. 139 of 1987; L.N. 89 of 1988; L.N. 90 of 1988; L.N. 119 of 1988; L.N. 240 of 1990; L.N. 51 of 1991; L.N. 417 of 1991; L.N. 66 of 1992; L.N. 214 of 1996; L.N. 445 of 1997; L.N. 241 of 1999; L.N. 40 of 2000; L.N. 256 of 2000; L.N. 63 of 2001; L.N. 246 of 2002; L.N. 6 of 2007)

[section 42A(2)]

The Island of Hong Kong Chai Wan Swimming Pool Island East Swimming Pool Kennedy Town Swimming Pool Morrison Hill Swimming Pool Pao Yue Kong Swimming Pool Victoria Park Swimming Pool Wan Chai Swimming Pool

Kowloon Hammer Hill Road Swimming Pool Ho Man Tin Swimming Pool Jordan Valley Swimming Pool Kowloon Park Swimming Pool Kowloon Tsai Swimming Pool Kwun Tong Swimming Pool Lai Chi Kok Park Swimming Pool Lei Cheng Uk Swimming Pool Morse Park Swimming Pool Sham Shui Po Park Swimming Pool Tai Kok Tsui Swimming Pool Tai Wan Shan Swimming Pool

The New Territories Fanling Swimming Pool Hin Tin Swimming Pool

The Jockey Club Yan Oi Tong Swimming Pool

Kwai Shing Swimming Pool

Ma On Shan Swimming Pool

Mui Wo Swimming Pool

North Kwai Chung Jockey Club Swimming Pool

Sai Kung Swimming Pool

Sha Tin Jockey Club Swimming Pool

Sheung Shui Swimming Pool

Shing Mun Valley Swimming Pool

Tai Po Swimming Pool

Tin Shui Wai Swimming Pool

Tseung Kwan O Swimming Pool

Tsing Yi Swimming Pool

Tsuen King Circuit Wu Chung Swimming Pool

Tuen Mun Swimming Pool

Yuen Long Swimming Pool (Added 21 of 1973 s. 19; L.N. 199 of 1975. Amended L.N. 199 of 1975; L.N. 129 of 1977; L.N. 248 of 1977;

L.N.: 25 of 1978; L.N. 285 of 1978; L.N. 255 of 1980; L.N. 179 of 1981; L.N. 40 of 1983; L.N. 208 of 1984;
L.N.: 239 of 1984; L.N. 360 of 1984; L.N. 277 of 1985; L.N. 328 of 1985; 10 of 1986 s. 31; L.N. 322 of 1986;
L.N.: 360 of 1988; L.N. 53 of 1989; L.N. 115 of 1990; L.N. 147 of 1991; L.N. 262 of 1991; L.N. 373 of 1991;
L.N.: 396 of 1993; L.N. 536 of 1995; L.N. 335 of 1996; L.N. 425 of 1996; L.N. 461 of 1997; L.N. 10 of 1999;
L.N.: 261 of 1999; 78 of 1999 s. 7; L.N. 361 of 2000; L.N. 32 of 2002; L.N. 78 of 2005; L.N. 79 of 2005)

Schedule:	16	MATTERS FOR WHICH SECRETARY FOR HOME AFFAIRS MAY BY REGULATION PROVIDE FOR FEES AND CHARGES	L.N. 320 of 1999	01/01/2000

[section 124J]

Public swimming pools Admission
Museums Admission
Libraries Admission

Public pleasure grounds

Hire of tennis courts
Hire of basketball courts
Hire of squash courts
Hire of football pitches
Hire of table tennis tables
Hire of badminton courts

Holiday camps

Camp fees (Schedule 16 added 78 of 1999 s. 7)

Hong Kong, China

HK168

Public Health and Municipal Services Ordinance (Chapter 132)