1960-HKRS29-8-27_Part02 — Page 40

Authenticated Laws 確真本香港法例 All

Scavenging

and conser-

vancy services.

Prohibition

of una thorized removal of

refuse Guclud- ing excre- tal matter).

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(e) the times during which any excretal matter or offensive or noxious thing may be removed or carried by road or water in or through any district or place, and the construction of vehicles, containers or vessels used for such purpose so as to prevent the escape of any such matter or thing and so as to prevent any nuisance arising therefrom;

(d) the removal or disposal of street refuse, house refuse or excretal matter, and the duties of the owner or occupier of any premises in relation to house refuse or excretal matter so as to prevent nuisances arising therefrom and to facilitate its removal or disposal by any lawful scavenging or conservancy service:

(e) fees payable in connexion with any licence granted under

section 16;

(f) fees or charges payable in connexion with any scavenging of

conservancy services;

(g) the additional sum to be paid on the recovery under the pro- visions of subsection (3) of section 22 of any article or thing seized under the provisions of subsection (2) of that section. (2) Fees or charges prescribed by any regulation made under para. graph (f) of subsection (1) shall be a civil debt due to the Crown and shall be recoverable sunumarily before a court from the owner and occupier. jointly or severally at the election of the Authority which. under section 16, provides, or has by licence permitted any other person to provide, the service, of the premises in respect of which the service in question is provided; but such fees or charges shall, in the absence of any agreement to the contrary, be deemed as between the owner and occupier to be an occupier's liability, and the amount thereof, if paid by the owner, may be recovered by him from the occupier in an action for money paid to his use, or, if such occupier is still in occupe- tion of such premises, by distress in the same manner as for recovery of rent.

16. The Authority may, in its discretion, provide services, or may by licence or contract permit any other person to provide services. for the removal and disposal of house refuse and street refuse and for the cleansing and emptying of pail latrines and the removal and disposal of excretal matter therefrom.

17. Where in any district or place the Authority has provided services, or has by licence or contract permitted any other person 10 provide services, in respect of any of the matters referred to in section 16. any person who, save in accordance with any regulations made under section 15, receives, carries away or collects any matter in respect of which such services are provided shall be guilty of an offence:

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Provided that, if the Authority, or its contractors or agents, or any person permitted by licence or contract under section 16, or the contractors or agents of any such person, neglect or fail for a period of forty eight hours to remove any house refuse or excretal matter from any premises, the occupier of such premises, after giving to the Authority wenty hour hours' notice in writing requiring the Authority to cause the removal of such refuse or excretal matter, may make such arrange- ment as he may consider best for the removal and disposal of such refuse or excretal matter, notwithstanding that such arrangement may result in, or be the cause of, a nuisance and notwithstanding that such arrangement may contravene the provisions of any regulations,

Excretal

18. All house refuse and street refuse, and any substance obtained Property in from the cleansing or emptying of dry latrines, collected by or on behalf refuse and of the Authority in the operation of any service provided under sec- tion 16 shall be the property of the Crown, and may be sold or disposed of by the Authority in such manner as the Authority may think fit.

matter.

19, (D) If the Authority is requested by the owner or occupier Removal of of any premises to remove or dispose of any trade refuse, the Authority trade refuse. may remove or dispose of it, and may, in its discretion, recover the cost thereof from the person requesting the service,

(2) If any dispulc or difference of opinion arises between the owner or occupier of premises and the Authority as to whether or not anything is trade refuse, the court shall, on application by either party, determine whether or not the subject matter of the dispute is trade refuse, and the decision of the court shall be final.

request of

20. (1) Where it appears to the Authority that any accumulation Removal of of obnoxious matter, whether manure, dung, soil, filth or other matter, obnoxious ought to be removed from any place, whether public or private, and it malter at is not by any enactment provided that the Authority shall remove it. Authority. the Authority may cause a notice to be served on the owner of such obnoxious matter, or on the occupier of the premises on which it exists. requiring him to remove it, and, if the notice is not complied with within the time, not being less than forty eight hours, specified therein. the matter to which the notice refers shall become the property of the Crown and may be removed and disposed of by the Authority.

(2) The proceeds (if any) of the disposal by the Authority of any obnoxious matter removed by it under the provisions of subsection (1) shall be applied in payment of the expenses incurred by the Authority in removing and disposing of such matter and the surplus (if any) shall be paid, on demand being made within thirty days after the disposal of such matter, to the former owner thereof, and the said expenses, so far as they are not covered by the proceeds of the disposal of such matter, shall be recoverable by the Authority from the former owner of such matter or, where the former owner is absent from the Colony,

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