1972-HKRS28-16-20_Part03 — Page 23

Addition of

new section

224.

3.

(b) is erected on any building or in or over any open space adjacent to or on a building and is supported by posts or other means.".

The principal Ordinance is amended by adding after section 22 the following new section-

"Prevention

of accumu- lation of refuse on

canopics.

22A. (1) If refuse of any kind is found on or in any canopy-

(a) the Authority may cause a notice to be served on the occupier of the premises or of that part of the premises for the benefit of which the canopy is erected, requiring the occupier to remove the refuse within such time as may be specified in the notice; and (8) the occupier shall be guilty of an offence if he fails to remove the refuse in accordance with the notice served

him under

paragraph (a).

(2) If the Authority is of opinion that refuse

which is found on or in a canopy-

(a) is or may become injurious or dangerous to

health;

(b) is or may become a danger to any persons: (c) constitutes a nuisance; or

(d) is unsightly,

he may cause a notice to be served on the occupier of the premises or that part of the premises for the benefit of which the canopy is erected or, if the occupier cannot be found or there is no occupier, the owner of the premises, requiring him to remove the canopy within such time as may be specified in the notice.

(3) If a notice served under subsection (2) is not complied with within the time specified in the notice. the Authority may remove the canopy and do what- ever is necessary to effect such removal.

(4) The Authority shall not remove a canopy under subsection (3) until fourteen days from the date of service of the notice or, in the event of an appeal to the Governor under subsection (7), the deter- mination of such appeal.

th

amended-

3

(5) JE a canopy is removed under subsection (3) the Authority may-

(a) recover any expenses incurred in the removal from the person on whom the removal notice was served; and

(b) remove and detain the canopy until the expenses recoverable under paragraph (a) have been paid.

(6) If a canopy is removed under subsection (3), no action, liability, claim or demand shall lie against the Authority or the Government or against any person acting for or on behalf of the Authority or the Government at the suit of any owner or occupier of the premises for the benefit of which the canopy so removed was erected, maintained or used, for any damage done to the canopy or the premises or for any damage or loss arising out of or by reason of the removal of the canopy.

(7) Any person on whom a notice to remove a canopy is served under subsection (2) who considers himself aggrieved by the requirement of the notice, may within fourteen days after the service thereof. appeal to the Governor.

(8) If an appeal is made under subsection (7), the Governor may confirm, vary or cancel the notice and the decision of the Governor shall be final.".

The Third Schedule to the principal Ordinance is

(a) by inserting after "22(2), (3), (4) and (5) Urban

Council Director of Urban Services" the following-

“22A(1), (2), (3), Urban Council

(4) and (5)

(b) by deleting "108{2}{a)

S.

Director of Urban Services"; and

Director of Education

Director of Urban Services" and substituting the

following-

~108(2)~)

Urban Council Director of Urban Services",

The Sixth Schedule to the principal Ordinance is amended

by inserting after "22(1)(a) Urban Council Director of Urban Services" the following-

**224(1)(B) Urban Counci

Director of Urban Services",

6. The Eighth Schedule to the principal Ordinance is amended by deleting item 9.

Amendment of Third Schedule.

Amendment of Sixth Schedule.

Amendment of Eighth Schedule.