752
LEGISLATIVE COUNCIL.
No. 8. 394.-The following Bills were read a first time at a meeting of the Council held on the 18th September, 1941:---
[No. 13-11.7.41.-1.1]
Short title.
Addition of
A BILL
INTITULED
An Ordinance to amend the Public Health (Sanitation)
Ordinance, 1935.
BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:
1. This Ordinance may be cited as the Public Health (Sanitation) Amendment Ordinance, 1941.
2. The following section is inserted in the Public Health new section (Sanitation) Ordinance, 1935, as section 86A immediately
after the heading "Recovery of expenses by the Council".
86A to
Ordinance No. 15 of 1935.
Liability for payment of fees for
conservancy services.
Amendment
of section 88 of Ordinance No. 15 of 1935.
86A. The owners and occupiers of all tenements for which a departmental conservancy service is provided shall be liable to the Crown for payment of the fees prescribed by law for such service, but the same shall be deemed an occupier's fee and as between the owner and occupier of any tenement shall, in the absence of any agreement to the contrary, be borne by the occupier; and the amount thereof, if paid by the owner, may be recovered by him from the occupier in an action for money paid to his use or, if he is still in occupation of the tenement, by distress in the same manner as for rent.
CC
3. Section 88 of the Public Health (Sanitation) Ordin- ance, 1935, is amended by the insertion immediately after the word expenses in the second line thereof of the words and also to the recovery of all such fees as are mentioned in section 86A.”
Objects and Reasons.
Resulting from the recent decision of Government whereby the Urban Council has organized a departmental system for the collection of nightsoil, it is necessary to make provision for the recovery by the Council of payment of the fees charged by the Council for such collection and which are set out in Government Notification No. 787 of 27th June, 1941.
Clause 2 of the Bill makes the necessary provision. It is practically identical with that made under section 33 of the Rating Ordinance, 1931, for the recovery of rates.
Clause 3 is consequential on clause 2.
July, 1941.
C. G. ALABASTER,
Attorney General.