1960-HKRS29-8-27_Part02 — Page 41

Removal of

refuse from

stables.

cowhouses, pigstics. kennels, etc.

Prevention of obstruc-

tions to

scavenging

OT COU-

servancy operations.

14

or cannot be readily found or ascertained by the Authority, from the occupier, or where there is no occupier, from the owner, of the premises from which such matter was removed.

21. (1) For the purposes of this Part, any manure, bedding, straw or other refuse from any stable, cowhouse, pigsty, kennel, poultry farm or like premises maintained for the purpose of gain (which expression shall include a racing stable) shall be deemed to be trade refuse.

(2) The Authority may, by notification in the Gazette, require the periodic removal of manure, bedding, straw, or other refuse referred to in subsection (1), and if, where any such notification has been given, the person to whom any such manure, bedding, straw or other refuse belongs fails to comply with the requirements thereof, he shall be guilty of an offence,

22. (1) If any person obstructs, or causes or permits any article or thing to be so placed as to obstruct or to be likely to obstruct, any scavenging or conservancy operation or any street sweeper acting in the performance of his duty-

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

(b) the court may, in addition to any other penalty imposed, order

the forfeiture of such article or thing.

(2) Notwithstanding the provisions of paragraph (b) of subsec tion (1), where any article or thing is so placed as, in the opinion of the Authority, to cause or to be likely to cause obstruction to any scavenging operation or to any street sweeper acting in the performance of bis duty, the Authority may-

(a) cause to be served upon the owner of such article or thing, or, where the owner is absent from the Colony or cannot be readily found or ascertained by the Authority, cause to be attached to such article or thing, a notice requiring the owDET or some person on his behalf to remove the same within such time (being not less than twenty four hours) as may be specified in the notice; and

(b) if such article or thing is not removed within the time specified in the notice, seize, carry away and detain such article or thing (3) Where any article or thing is seized under the provisions of paragraph (5) of subsection (2), the owner may, within seven days after such seizure, recover the same upon payment to the Authority of the expenses (if any) incurred in the seizure, carrying away and detention thereof and of such additional sum as may be prescribed by regulations made under section 15:

Provided that-

(a) where any article or thing scized under this section is required, or likely to be required. for production in evidence in any

15

proceedings under this Ordinance, the Authority may, notwith- standing anything contained in this subsection, retain such article or thing until such proceedings are either abandoned or determined; and

(b) where any such proceedings are not instituted within fourteen days after such seizure, such proceedings shall be deemed, for the purposes of this subsection, to have been abandoned. (4) If, within seven days after the seizure of any article or thing under the provisions of paragraph (b) of subsection (2), the same bas not been recovered in the manner provided by subsection (3), such article or thing shall become the property of the Crown, free from all liens, claims or incumbrances whatsoever, and may be sold or otherwise disposed of in such manner as the Authority may think fit,

($) No action, liability, claim or demand whatsoever shall lie against the Authority or the Goverment, or against any person acting for or on behalf of the Authority or the Government, in respect of any loss or damage arising out of or by reason of the seizure, carrying away or detention of any article or thing, bona fide, under the provisions of this section,

ccrlain caBES.

23. (1) In the absence of a police officer, it shall be lawful for Powers of any public officer authorized in writing in that behalf by the Authority arrest in to arrest in any public place any person who contravenes any of the provisions of subsection (1), (2) or (3) of section 3, or of subsection (1) of section 4, of the Summary Offences Ordinance.

(2) In the absence of a police officer, it shall be lawful for any watchman employed by the Government on any refuse dump under the control of the Government to arrest any person whom he finds raking. picking over or grubbing in any refuse deposited in or upon such dump or removing or scattering any portion of any such refuse without, in any such case, lawful authority or excuse.

(Cap. 228).

(3) Any public officer or any watchman who arrests any person under the provisions of subsection (1) or (2) shall forthwith take him to the nearest police station or give him into the custody of a police officer, whereupon the provisions of section 47 of the Police Force Ordin- (Cap. 232,. unce or of sections 46 and 47 of that Ordinance, as the case may be, stall apply.

Wells and well water and waste water.

24. (1) Where it appears to the Authority that the water in any Power to spring, well, pool, pond, watercourse, swimming pool or other source close, etc.

polluted

(a) is used, or is likely to be used, for human consumption or wells, etc.

domestic purposes, or for manufacturing food or drink for human consumption; and