FRIDAY, JANUARY 25, 1980
LAW TO CONTROL BILL POSTING TO BE AMENDED
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THE GOVERNMENT IS TAKING STEPS TO PREVENT THE INDISCRIMINATE DISPLAY OF BILLS AND POSTERS ON CROWN AND PRIVATE LAND.
A GOVERNMENT SPOKESMAN SAID THIS WAS BEING DONE BY AMENDING THE EXISTING LAW ON BILL POSTING,
THE PUBLIC HEALTH AND URBAN SERVICES (AMENDMENT) BILL, 1980, WHICH WAS PUBLISHED IN THE GOVERNMENT GAZETTE TODAY (FRIDAY) SEEKS TO PROHIBIT THE DISPLAY OF BILLS OR POSTERS WITHOUT PERMISSION INCLUDING ADVERTISEMENTS PAINTED ON WALLS OR FENCES.
THE PROPOSED LEGISLATION PROVIDES THE POWER TO REMOVE BILLS OR POSTERS WHICH ARE DISPLAYED WITHOUT PERMISSION, OR WHICH ARE NOT BEING MAINTAINED IN A CLEAN AND TIDY CONDITION.
THE URBAN COUNCIL WILL BE THE AUTHORITY FOR THE URBAN AREAS, AND THE DIRECTOR OF URBAN SERVICES FOR THE NEW TERRITORIES, EXCEPTIONS ARE WHERE PARTICULAR AREAS OF LAND OR PROPERTY ARE CONTROLLED OR MANAGED BY DEPARTMENTS SUCH AS THE CIVIL AVIATION, THE AGRICULTURE AND FISHERIES, THE KOWLOON-CANTON RAILWAY AND THE HOUSING AUTHORITY OR OTHER PUBLIC BODIES.
THE PROPOSED LEGISLATION ALSO PROVIDES THAT FOR DISPLAYING OR FIXING A POSTER WITHOUT PERMISSION, NOT ONLY WILL THE PERSON PUTTING UP THE BILL BE LIABLE TO PROSECUTION, BUT ALSO THE EMPLOYER AND THE PERSON WHOSE GOODS, TRADE, BUSINESS OR OTHER CONCERNS ARE GIVEN PUBLICITY.
ALSO, IF A PERSON IS CONVICTED OF AN OFFENCE THE COURT MAY ORDER THAT PERSON TO PAY, IN ADDITION TO ANY FINE, THE COST OF REMOVING THE BILL OR POSTERS.
+HOWEVER, A PERSON WILL NOT BE GUILTY OF AN OFFENCE, OR LIABLE TO THE COST OF REMOVAL, IF HE CAN PROVE THAT THE BILL OR POSTER WAS PUT UP WITHOUT HIS KNOWLEDGE OR CONSENT, THE SPOKESMAN SAID.
THIS DEFENCE HAS BEEN INTRODUCED TO PROTECT ANY PERSON AGAINST BEING UNFAIRLY PENALISED,
UNDER EXISTING LEGISLATION ACTION CAN ONLY BE TAKEN AGAINST THE PERSON WHO ACTUALLY PUTS UP THE BILL OR POSTER. AND, NO PROVISION IS MADE FOR THE RECOVERY OF REMOVAL COSTS.
UNDER THE PROPOSED LEGISLATION, THE MAXIMUM FINE WILL BE $2 000.
+THESE AMENDMENTS TO THE PUBLIC HEALTH AND URBAN SERVICES ORDINANCE WOULD MEAN MORE EFFECTIVE AND COMPREHENSIVE CONTROL OVER BILL-POSTING, SAID THE SPOKESMAN.
THE URBAN COUNCIL HAS APPROVED THE PROPOSED LEGISLATIVE AMENDMENTS AND WILL TAKE STEPS TO AMEND THE ADVERTISEMENTS BY-LAWS AS REQUIRED IF THE BILL IS ENACTED,
ALSO IN TODAY'S GAZETTE ANOTHER BILL, THE SUMMARY OFFENCES (AMENDMENT) BILL, IS PUBLISHED WHICH MAKES IT UNNECESSARY TO SEEK PRIOR APPROVAL FROM THE SECRETARY FOR HOME AFFAIRS, OR THE SECRETARY FOR THE NEW TERRITORIES, BEFORE A PERSON CAN PUT UP POSTERS OR DISTRIBUTE HAND-BILLS IN THE CHINESE LANGUAGE.
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