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with, the authority can remove the refuse, clean the area and then recover the cost.
By-law 8 of the principal By-laws prohibits a person from obeying the call of nature in a public place. By-law 3 of the amending by-laws extends this prohibition to the common parts of buildings. Spitting in the common parts of a building is also prohibited by a new By-law 5A.
Finally By-law 13 is amended to make the owner of a dog responsible, if it fouls a common part of a building or a street or public place, unless at the time of the offence the dog was in the charge of a person who was neither a member of the owner's family nor employed by him.
In addition to these amendments to the By-laws there have been two amendments to the principal Ordinance which are of considerable significance in relation to the "Clean Our Buildings" Campaign. Section 14 of Cap. 132 has been amended to enable the authority to require the owner or occupier of a premises to limewash such premises or a part if the authority is of the opinion that it is in such a state as to be:
(a) a nuisance or
(b) injurious or dangerous to health.
This law will be exercised with discretion, as indeed was so recommended by ExCo, because "Clean Our Buildings" is a campaign of persuasion and exhortation. An administrative arrangement will be issued by U.S.D. limiting enforcement of this law to officers of Health Inspector rank and above. Nonetheless it is a very useful law to be applied in cases where a building or part of a building is in a very bad state and where there is no co-operation forthcoming from the owner or occupier.
Secondly a new Section 104A is added which permits the authority to remove from any building, hoarding or other structure any bill or poster which, by reason of its condition, is in the opinion of the Authority unsightly.
It is hoped that these amendments to the principal Ordinance and the By-laws will give encouragement and support to all concerned with keeping Hong Kong clean, not least to the Mutual Aid Committees which are now being formed.
Sir, I beg to move.
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MR. FORSGATE (in English):-Mr. Chairman, the amendments to the principal Ordinance which passed through Legislative Council on 1st August and the proposed amendments to the by-laws laid before this Council today, represent collectively a significant strengthening of legislation aimed at improving the environment in Hong Kong. Many of these amendments are concerned specifically with the environment within buildings which is the special aim and emphasis of the Council this year with the “Clean Our Buildings” Campaign. I believe that it will be largely through the individual in our society realizing that environmental pollution must be arrested and controlled outside his own front door and in the immediate vicinity of his home that a greater awareness of the need for improvement of our total environment, of the land, the sea and the air, will develop to the point where we can achieve significant success.
Sir, I second the motion.
MR. H. L. Hu (in English):-Mr. Chairman, it is very commendable to continue the Keep Hong Kong Clean Campaign, and now to clean our buildings, and I would support both the laws passed by the Legislative Council and the by-laws which are now put to us today. But, Mr. Chairman, with your very able leadership in the Urban Council we have had two meetings of Committee of the Whole; we haven't really been presented beforehand with this draft of the by-laws in the Standing Committee of the Whole, so that we could not consider in detail these things beforehand. Although I support these by-laws, I would like to make these remarks in supporting these amendments, Mr. Chairman.
DR. HUANG (in English):-Mr. Chairman, I beg to apologize for this happening because of the lack of time. We got the Legislation Working Group who worked very hard but then had to go through Colonial Secretariat, and back and forth, and simply have not got sufficient time and I think the Environmental Hygiene Select Committee through a presumption paper, we all agreed. So, I think basically it is along with the spirit of this Council, but I do apologize that these have not come to every Member before we asked it to be passed.
CHAIRMAN (in English):-Thank you, do Members wish to speak? I would like to clarify the position. I took the same stand as Mr. Hu did when the matter was brought to my attention. Then it was clarified to me on behalf of the Chairman of the Environmental Hygiene Select Committee, and I was satisfied that action had to be taken because of the "Keep Hong Kong Clean" Campaign which is about to start.
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