PUBLIC HEALTH AND MUNICIPAL SERVICES (AMENDMENT) (NO. 2) BILL 1988
(b) is served on or after 1 October 1988 under section 128(6) as added
by this Ordinance; and
(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 section 128(4) as added by this Ordinance, whereupon the provisions of section 128(5) to (14) as so added shall apply.
Explanatory Memorandum
The object of this Bill is to amend the Public Health and Municipal Services Ordinance so as to--
(a) clarify the procedure for obtaining a Prohibition Order in respect of premises used in contravention of licensing requirements or other provisions of the Ordinance;
(b) empower a Magistrate's Court to make a Closure Order in respect of such premises where a Prohibition Order has not been complied with and where the premises are used for a food business or are otherwise premises to which regulations as to food and drug hygiene apply.
Clause 3 therefore adds to section 128 of the Public Health and Municipal Services Ordinance new subsections (4) to (14) which prescribe the procedure for obtaining a Prohibition Order and a Closure Order, and the effects of the making of such orders, while clause 6 adds to the Seventh Schedule new forms to be used by the Magistrate's Court when making such orders.
2.
The effect of the amendments will be that if a Prohibition Order is not complied with, a Closure Order will be made authorizing a public officer or public body to lock or seal the premises on the 8th day after a copy of the Closure Order has been affixed to them. It will then be an offence for any unauthorized person to enter or remain on the premises, to break any lock or seal placed on the premises or to remove or deface any notice affixed to the premises under the Ordinance. Power is given to disconnect the mains services supplied to the premises and to take possession of any food or hazardous articles found thereon. Provision is also made for recovering the cost of carrying out a Closure Order. Prohibition Orders and Closure Orders will be available not only in respect of premises but in respect of vessels and specified parts of premises or vessels. Protection for interested parties is provided by the need for 14 days' notice to be given of intention to apply for an order and for the court to give an opportunity to such persons to be heard.
3. Clause 7 amends section 128 of the principal Ordinance by prescribing penalties for the various offences created by the Bill, while clause 4 amends the First Schedule to make the offence of entering or remaining on premises closed under a Closure Order arrestable under section 84.
C611