Seventh Schedule,
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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 ba 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 recurTENCE 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 beeu 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 the person causing a quisance to which this section applies cannot be found and it is clear that the nuisance neither arose nor continues by reason of any act, default or sufferance on the pan of the occupier or the owner of the premises or vessel on which it exists, the Authority may abate the nuisance and may do what is necessary to prevent a recurrence thereof.
(3) Where a muisance 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,
be shall (whether or not an order under the provisions of subsection (4) bas 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 F prescribed in the Seventh Schedule (in this section referred to as a "nuisance order").
(5) A nuisance order may be an abatement order, probibition order or a closing order or a combination of such orders.
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An abatement order may require a person to comply with all or any of the requirements of a nuisance notice in connexion 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 u 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.
(6) 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 reason- ably incurred thereby from the person against whom the order was made.
(8) The provisions of Part VI of the Magistrates Ordinance shall (Cap. 227). apply to proceedings under this section subject to the following pro- visions-
(a) in the event of an appeal against a nuisance order which is or includes a prohibition order or a closing order or requires the execution of structural works, no person shall, by reason of any contravention of, or failure to comply with, the order, be liable to any penalty until after the determination or aban- donment of the appeal:
Provided that, if the appeal is dismissed or abandoned, the appellant shall be liable to the fine specified in the third column of the Tenth Schedule in respect of an offence under Tenth subsection (7) for every day during which he has contravened Schedule. or failed to comply with such nuisance order, unless he satisfies the court before which proceedings are taken for the recovery of such fine that there was substantial ground for