SUPPLEMENT TO THE HONGKONG GOVT GAZETTE OF 23RD JULY, 1887. 869
Sections 22 and 24 to be further considered in Executive Council.
20. It shall be lawful for the Board on reasonable pre- sumption of the existence of a Nuisance on any premises, by an Order in writing to authorize the Sanitary Superin- tendent, the Sanitary Surveyors, or an Inspector of Nuisances with any assistant or assistants to enter such premises at any time between six in the morning and six in the evening and to inspect the same, and the Inspecting Officer shall on demand produce and show the Order to any person being or claiming to be, the occupier of such premises.
21. It shall be lawful for the Sanitary Board in any case where the existence of a Nuisance is ascertained to its satisfaction, to issue a Notice through its Secretary calling on the author of the Nuisance to abate, remedy, or remove such Nuisance within reasonable time, such time to be named in the Notice, and not to be less than twenty- four hours or more than one month from the time of service of such Notice, unless cause be shewn to the Board for prolonging such delay.
to provide or employ sufficient means of cleansing, drainage, 22. Such Notice may require the author of any Nuisance subsoil-drainage, sewerage, lighting or ventilation; to provide proper privy accommodation; to pave, concrete, cover, cleanse, disinfect, or purify any premises; to tempora- rily vacate any premises for the purposes of disinfection or when the said premises are in a condition dangerous to health; to drain, empty, cleanse, fill up, cover, repair, alter or remove any ditch, gutter, ashpit, drain, sewer, privy, urinal, or cesspool, or to provide a sufficient and proper sub- stitute therefor; to fill up, cleanse, or cover any well or divert any drainage from the same; to abstain from any operation which may pollute any stream, water-course, canal, pond or water; to remove any animal or animals, or provide for the wholesome keeping of the same; to carry away any accumulation of matter, solid or liquid, noxious or noisome, which shall be injurious to health; to discontinue dis- charging waste-waters or other matters into any gutter or side-channel of a public street or road or over the surface of the ground; to discontinue any noxious or noisome work, manufactory, trade, or business; to limit the number of persons who may be accommodated in any premises, or the number of separate apartments into which such premises may be divided, or let to, or used by different persons or families; to prevent the burial of the dead in any place or cemetery; or to do such other works or acts, as are necessary to abate, remedy, or remove any Nuisance ascertained to exist as aforesaid, in such manner and within such time as shall be specified and set forth in the Notice; and if the Board is of opinion that such Nui- sance is likely to recur, it may further prohibit the re- currence thereof and issue a Notice as aforesaid for the execution of such constructional works as, may be necessary in its opinion to prevent such recurrence.
23. For the purposes of Sections 21, 22 and 25 the words “Author of a Nuisance" shall mean the person by whose act, default, or sufferance the Nuisance arises, or continues; or, if such person cannot be found, the owner or occupier of the premises on which the nuisance arises:
Provided:
1. That, where the Nuisance. arises from
the want or defective construction of any structural convenience, or, where there is no occupier of the premises, Notice under this Section shall be served on the owner.
2. That where the person causing the Nuisance cannot be found, and it is clear that the Nuisance does not arise or continue by the act, default, or sufferance of the owner or occupier of the premises, the local authority may themselves abate the same without further order.
24. In cases of non-compliance with such Notice it shall be lawful for the Board to authorise its Officers with all proper assistants and workmen from time to time, and forcibly if need be, too enter the premises in respect of which such Notice shall have been issued and to do whatever may be necessary is execution of such Notice for the abatement, remedy, or romoved of such Nuisance, or for the prevention of the recurrence thereof.
Inspection of Premises.
Issue of Notice.
Abatement of Nuisances.
Provision against non- compliance with Notices.