Objects and Reasons.
1. Clause 2 of this Bill substitutes a new sub-section (1) in section 6A of the principal Ordinance empowering the Governor in Council to make rules for the prevention and abatement of nuisances and the making of magistrates' orders in connexion therewith, and making certain other verbal amendments consequent on the repeal of the Public Health and Buildings Ordinance, 1903, and the replacement of that Ordin- ance by new legislation.
2. For some years the Government has endeavoured by the giving of lectures, the circulation of notices and the appointment of a Health Officer in an advisory capacity, to educate the villagers in the New Territories in the principles of sanitation. Other measures have been taken, such as the provision of facilities for scavenging in semi-urban districts, the provision of public latrines, and the assistance of villagers from public funds in the carrying out of small works of improvement to secure more sanitary conditions in certain These measures are in addition to the major works undertaken by the Public Works Department.
areas.
3. It is now considered desirable to supplement these measures by the appointment of an additional staff of Chinese Sanitary Inspectors and to lay down rules for the prevention of nuisances.
4. Powers of entry and inspection are being given to Health Officers and Sanitary Inspectors by the application of sections 8 and 19 of the Public Health (Sanitation) Ordinance, 1935, to the New Territories, by Order of the Governor in Council under section 99 of that Ordinance.
5. The object of this Bill is to enable the Governor in Council to lay down simple general rules for the prevention and abatement of nuisances, it being considered impracticable at present to apply in rural districts the same laws and regula- tions as apply to the urban areas of Hong Kong, Kowloon and New Kowloon.
6. It is proposed in these rules to deal with nuisances which may be the subject of summary prosecution in England under the Public Health Acts. On finding any such nuisance, the inspector would request its abatement and, if it were not abated, apply to a magistrate to make an order. The owner or tenant of the premises on which the nuisance is found to exist would then have an opportunity of contesting the making of the order, and breach of an order, if made, would be dealt with under the ordinary law relating to summary proceedings before magistrates.
August, 1938.
J. A. FRASER,
Attorney General.
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No. 18 OF 1938.
I assent.
G. A. S. NORTHCOTE,
Governor.
16th September, 1938.
An Ordinance to amend the New Territories Regulation
Ordinance, 1910.
[16th September, 1938.j
Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:
1. This Ordinance may be cited as the New Territories Short title. Regulation Amendment Ordinance, 1938.
2. Sub-section (1) of section 6A of the New Territories Substitution Regulation Ordinance, 1910, is repealed and the following sub- section substituted therefor :--
of new
section 6A (1) in Ordinance No. 34 of 1910.
6A. (1) It shall be lawful for the Governor in Council to make rules, to take effect within the New Territories except New Kowloon for the prevention and abatement of nuisances and the making of orders by magistrates in connexion therewith and also for any matter with regard to which the Urban Council may for the time being have power to make by-laws under the Public Health (Sanitation) Ordinance, 1935, and the Buildings Ordinances Ordinance, 1935, to take effect elsewhere within the Colony.
Passed the Legislative Council of Hong Kong, this 15th day of September, 1938.
Nos. 15 &
18 of 1935.
B. C. K. HAWKINS,
Deputy Clerk of Councils.
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