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Measure-
ment of
buildings
as first step towards prevention of over.
crowding.
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(2) No person shall after the 23rd day of June, 1927, construct any water closet or urinal, and no person shall maintain, or allow to remain on any premises owned or occupied by him, any water closet or urinal constructed after the 23rd day of June, 1927, except with the permission of the Sanitary Board or the Urban Council and of the Colonial Secretary and in accordance with the terms and conditions of such permission.
(2) It shall be lawful for a magistrate to order the removal of any water closet or urinal whatsoever if the water closet or urinal was constructed or has been maintained without due permission or in breach of any of the terms or conditions of any such permission, or if the water closet or urinal has been kept in an insanitary or uncleanly condition.
(4) A magistrate shall order the removal of any water closet or urinal whatsoever which has not been removed within three months after a notice to remove it shall have been served on either the owner or the occupier of the premises on which the water closet or urinal was being main- tained. Such notice shall be effective notwithstanding any intermediate dealing with the said premises.
(5) The notice referred to in sub-section (4) may be given at any time by either the Urban Council or the Colonial Secretary and shall be in the absolute discretion of the Council or the Colonial Secretary as the case may be.
(6) Any order of a magistrate under this section may he made against either the owner or the occupier of the premises on which the water closet or urinal is being maintained.
(7) Any order of a magistrate made under this section shall be a complete authority to the person against whom it is made to remove the water closet or urinal in question.
(8) If the water closet or urinal is not removed within such time as may be limited by the magistrate it shall be lawful for a magistrate, without prejudice to any penalty to which any person may be liable, to make an order empowering the Urban Council and the Colonial Secretary and any person authorised by it or him to enter the premises and to remove the water closet or urinal in question: and all expenses incurred by the Council or the Colonial Secretary in causing such removal shall forthwith be paid by the person against whom the original order of removal was made, or failing him by the owner of the premises in question. without prejudice to any right of such person or owner to recover the amount of such
liable for the same. from any other person expenses
(9) In this section 'urinal' means a water flushed urinal.
Limitation of Accommodation and the Prevention of Overcrowding
56. Iealth Officer or such other officer as the Council may appoint for this purpose, shall, within such limits as the Urban Council may from time to time define, cause to be measured the floor area and cubic capacity of all domestic buildings or parts thereof, and shall cause to be calculated the number of occupants that may lawfully be accommodated in such buildings or any parts thereof in accordance with the provisions of this Ordinance and shall cause such number in English and Chinese to be fixed to such buildings or parts thereof in such manner as the Council may from time to time direct.
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57. In the calculation of cubic space for human Calculation habition -
(a) no height over ten feet shall be taken into account.
(b) no passage, lobby, or other space partitioned off from any room to the height of the ceiling shall be included in the cubic space of such room.
(c) Every person over ten years of age shall be considered as an adult and every two persons of ten years
or under shall be counted as one adult.
of cubic
space.
tion.
or
58. Every domestic building and any part thereof Lamit of found to be inhabited in excess of a proportion of one adult accommoda- for every 35 square feet of habitable floor space superficial area, and 350 cubic feet of clear and unobstructed internal air space, shall be deemed to be in an overcrowded condition;
Provided that :-
(i) Every domestic building within the mid-level district, or within the Hill District, and any part thereof, (with the exception of quarters occupied by servants), which is occupied by more than one adult for every 1,000 cubic feet of clear and unobstructed internal air space shall be deemed to be in an overcrowded condition.
(ii) The provisions of this section shall not apply in the case of temporary structures provided for housing workmen during the progress of works.
for over-
59-(1) It shall not be lawful for any householder or Lessor tenant to let or sub-let, or allow to be used for occupation, responsible any domestic building or any part thereof to or by so large crowding a number of persons as to cause the same to be in an over- crowded condition.
(2) The householder or tenant (together with his family. if any) if resident in any such domestic building shall be counted in ascertaining whether such building or any part thereof is in an overcrowded condition.
(3) Where any domestic building or any part thereof is ascertained to be in an overcrowded condition between 11 p.m. and 5 a.m., such overcrowding shall be deemed to be prima facie evidence that such building, or part thereof, was let or sub-let in contravention of this section,
taken to
60. (1) If any domestic building or part thereof shall Steps to be be found to be in an overcrowded condition, any officer being abate over- duly authorised so to do may within five days apply to a crowding. magistrate to summons before him each tenant or householder of such building.
(2) If it be proved that the said domestic building or any part thereof was overcrowded within five days prior to the issue of the summons, the magistrate may inflict a fine not exceeding twenty-five dollars on the person summoned, and may further make an order for the abatement forthwith of such overcrowding.
(3) Every person who fails to obey any such order and who fails to satisfy the magistrate that he has used all due diligence to carry out such order, shall be liable to a fine not exceeding ten dollars per day during such default, and every person who knowingly and wilfully acts contrary to any such order shall be liable to a fine not exceeding twenty-five dollars per day so long as such action continues.
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