1960-HKRS28-8-27_Part02 — Page 46

Public swim- ming pools

to be public places for

certain

purposes.

Cleansing

and destruc. tion of filthy or veronimous articles.

(Cap. 141).

Cleansing of verminous premises.

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(b) itself use it for such practices, contests, sports or entertain-

ments.

(2) The Authority may make, or authorize the making of, charges for admission to, or for the use of any such swimming pool while it is closed to the public under the provisions of subsection (1),

45. Any public swimming pool shall be deemed to be a public place for the purposes of any enactment relating to offences against decency.

Verminous articles and premises.

46. (1) Where it appears to the Authority that

(a) any article or thing is in such a filthy, dangerous or unwhole. some condition that health is, or is likely to be, injuriously affected thereby; or

(b) the cleansing, disinfecting or destruction of any such article or thing is necessary in order to prevent risk of injury to health; or

(c) any such article or thing is infested with vermin or, by reason of having been used by any person infested with vermin, is likely to be so infested.

the Authority may cause the article to be cleansed, desinfected, dis infested or destroyed, as the case may be, and, if the Authority thinks fit, removed for that purpose.

(2) For the purposes of this section, the wrapper or cover of any article or thing shall be deemed to form a part of such article or thing.

(3) Nothing in this section shall be taken or construed to the prejudice of the provisions of the Quarantine and Prevention of Discase Ordinance.

47. (1) Where it appears to the Authority that any premises or vessel, or any part of any premises or vessel, are or is infested with vermin, the Authority may cause a notice to be served upon the owner or occupier of such premises or vessel, or such part of any premises or vessel, requiring him, within such time as may be specified in the notice, to cleanse such premises or vessel, or such part of agy premises or vessel as may be specified in such notice, and to take such other steps for the purpose of destroying and removing any vermin as the Authority may in such notice direct.

(2) If the person on whom a notice is served under the provisions of subsection (1) fails to comply with any of the requirements thereof-

(a) such person shall be guilty of an offence; and

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(b) the Authority may execute, or cause to be executed, such work as may be necessary to satisfy the requirements of such notice, and, subject to the provisions of subsection (3), may recover any expenses thereby incurred from such person. (3) to any proceedings under the provisions of subsection (2), the court may enquire whether any requirement contained in any notice served, or any work done, by the Authority under the provisions of this section was reasonable and whether the expenses incurred by the Authority in doing that work, or any part thereof, ought to be borne wholly or in part by the person upon whom the notice was served, and may make such order concerning those expenses or their apportionment as appears to it to be just having regard to all the circumstances.

(4) Notwithstanding anything contained in this section, where it appears to the Authority that any premises or vessel, or any part of any premises or vessel, are or is infested with vermin, the Authority may, without serving a notice under the provisions of subsection (1), forthwith take such reasonable steps as may be required to destroy or remove therefrom any vermin:

Provided that, in carrying out any operation in pursuance of the provisions of this subsection, the Authority shall not make any struc tural alteration to such premises or vessel or such part of any premises or vessel, nor move any fixture or any fittings, furniture or equipment of a substantial nature, or otherwise cause any unreasonable incon- venience to the occupants of such premises or vessel or such part of any premises or vessel.

(5) Where, in pursuance of the provisions of subsection (4), the Authority has placed in any premises or vessel any trap or bait con- Mainer or any bait or other substance, any person who, without lawful authority or excuse, knowingly removes or destroys such trap, bait container, bait or substance or otherwise interferes therewith, or knowingly causes, suffers or permits any other person or any domestic animal or bird to remove, destroy or interfere with such trap, bait container, bait or substance, shaff be guilty of an offence.

PART IV

OFFENSIVE TRADES.

48. The Authority may by notification in the Gazerie declare to Declaration be an offensive trade any trade, business, process or manufacture which, of offensive

in the opinion of the Authority, causes offensive or noxious effluvia trades.

or dust or is otherwise of an offensive or harmful nature or which involves the slaughtering of animals or birds.