Addition of Escricum 1MB,
104C. 1040
and 1049.
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The principal Ordinance is amended by adding after section 104A. the following sections-
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of poster un clean and tidy goodmon.
Power to remove blin dod poaterI
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pemoon deemed to display bal of pollers.
104B. (1) Where a bill or poster displayed on any private land or on any Crows land, the bill or poster shall be maintained in a clean and tidy condition to the reason- able satisfaction of the Authority.
(2) A person displaying a bill or poster in contraven- tion of subsection (1) commits an offence.
(3) A person prosecuted for an offence under this section shall not be convicted of that offence 'unlesi' prior to the commencement of the prosecution the Authority served on bim a notice in writing informing him of the condition of the bill or poster and warning bir that unless the bill or poster is removed wilbin the period specified in the notice (being not less than 24 hours) be may be liable to be prosecuted.
104C. (1) Where
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(a) a bill or poster is displayed in contravention of
section 104A(1); or
(6) a bill or poster is not majotained in a clean and
tidy condition as required under section 104B(1), the Authority may remove the bill or poster and may recover the cost of removal from the person displaying the bill or poster as a civil debt.
(2) Where any person is convicted of an offence under section 104A(1) of section 1049(1) the court by whom thal person is convicted may order him to pay, in addition to or in lieu of any penally for which he is lable for that offence, the cost or estimated cost of removing the bill or poster in respect of which the offence was committed.
(3) Where a bill or poster to which subsection (1)(a) or (6) applies is displayed on private land, nothing in this section shall derogate from any cause of action or remedy which the owner or occupier of that land may be able to enforce, against the person who displays the bill or poster.
104D (1) Where a person commit an offence against section 1044(1) the following persons shall be guilty of that offence in the same manner and to the same extent as if they bad personally committed it-
(a) any other person who uses the first-mentioned person to display or affix the bill or poster; and (5) any person whose goods, trade, business or other concerns are given publicity by the bill or poster: Provided that a person referred to in paragraphs (d) and (b) shall not be guilty of an offence under section 104A(1) by reason only that he uses the person to display or affix the bill or poster or that his goods, trade, business or other concems are given publicity by die bill or poster, if he proves that it was displayed or affixed without bis knowledge or consent.
(2) For the purposes of sections 104B and 10C a person shall be deemed to display a bill or poster if-
(a) the bill or poster is displayed on land of which
he is the owner or occupier; or
Definition
■nt viru the puber trade.
(Op. 32)
(Cap. 993
(Cap. 38).1
(ap. 138)
(Cap. 81. sub. leg.)
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(6) the bill or poster gives publicity to his goods, trade,
business or other concerns:
Provided that a person shall not be guilty of an offence under section 1048 or be liable for the cast of removal under section 104C by reason only that the bill or poster is displayed on land of which he is the owner or occupier, or that his goods, trade, business or other concerns are given publicly by the bill or poster, if he proves that it was dis- played without his knowledge or consent.
[04E, ()} In sections 104A, 104B and 104C “Authority"
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(a) in respect of any land within the boundaries of the airport as deflued in the Hong Kong Airport (Regulations) Ordinance, the Director of Civil Aviation:
(b) in respect of say railway land es defloed in the Kowloon-Canton Railway Ordinance, the General Manager of the Kowloon-Cantou Railway;
(4) in respect of any land managed or controlled by the Housing Authority established by the Housing Ordinance, the Housing Authority;
(ɗ) in respect of any land within a country park or special area as defined in the Country Parks Ordin- ance, the Director of Agriculture and Fisheries; (e) in respect of any public cargo working area as defined in the Port Control (Public Cargo Working Area) (Consolidation) Order and to respect of any land within the boundaries of the Hong Kong- Macau Ferry Terminal. the Director of "Marine; (0 in respect of any land, whether private land or Crown land, in the urban areas, not being land referred to in paragraph (0), (6), (c) or (2), the Urban Council;
(g) in respect of any land, whether private land or Crown land, in the New Territories (excluding New Kowloon not being land referred to in para- graph (a), (6), (e) or (d), the Director of Urban Services.
(2) In sections 104A, 1048, 1040, 104D and in this section, "land" includes-
(c) any building or other erection on land. whether a
Aixture or not;
(b) any tree, rock or other natural part of land; and (c) land covered by water.
(3) In sections 104A, 104C and 104D "occupier" means any lessee, principal tenant or other person having direct control of the land.
(4) In this Part, “bill or poster" includes any word, letter, model, sign, placard, board, notice, device or repre- sentation and also includes any advertisement pafoted on any wall, fence, railing, post, rock, road-cutting or tree but does not include any structure, apparatus or hoarding used for the display of a bill or poster.