XN000022-1980-01-30 — Page 20

WEDNESDAY, JANUARY 30, 1980

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BILL TO STRENGTHEN CONTROL OVER

BILL POSTING INTRODUCED INTO LEGCO

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A BILL DESIGNED TO CONSOLIDATE AND STRENGTHEN THE CONTROL OVER THE POSTING OF BILLS WAS INTRODUCED INTO THE LEGISLATIVE COUNCIL TODAY.

MOVING THE SECOND READING OF THE PUBLIC HEALTH AND URBAN SERVICES (AMENDMENT) BILL 1980, THE SECRETARY FOR THE ENVIRONMENT, THE HON DEREK JONES SAID THE BILL SOUGHT TO MAKE IT AN OFFENCE FOR ANY PERSON TO DISPLAY ANY BILL OR POSTER ON CROWN OR PRIVATE LAND WITHOUT THE WRITTEN PERMISSION OF THE AUTHORITY OR OF THE OWNER OR OCCUPIER OF THE LAND.

IT ALSO PROVIDES THAT ANY BILL OR POSTER BEING DISPLAYED MUST BE MAINTAINED IN A CLEAN AND TIDY CONDITION.

FAILURE TO DO SO CONSTITUTES AN OFFENCE AND THE AUTHORITY IS EMPOWERED TO REMOVE ANY SUCH POSTERS AND TO RECOVER THE COST OF REMOVAL FROM THE OFFENDERS.

FURTHERMORE, THE LIABILITY FOR THE OFFENCES AND ANY REMOVAL COSTS WILL FALL NOT ONLY ON THE BILL-POSTER BUT ALSO, IN THE CASE OF UNAUTHORISED POSTER DISPLAY, ON THE EMPLOYER OF THE BILL-POSTER AND THE PERSON WHO BENEFITS FROM THE DISPLAY OF THE POSTER- AND IN THE CASE OF FAILURE TO MAINTAIN THE POSTER IN A CLEAN AND TIDY CONDITION, ON THE OWNER OR OCCUPIER OF THE LAND AND THE PERSON WHOSE GOODS OR SERVICES ARE ADVERTISED.

+THIS IS CONSIDERED NECESSARY TO ENSURE THAT THE LIABILITY FOR THESE OFFENCES WILL FALL ON THOSE PERSONS WHO SHOULD BE HELD RESPONSIBLE FOR THE DISPLAY AND MAINTENANCE OF THE BILL OR POSTER.

+ON THE OTHER HAND, TO PROTECT THOSE WHO MIGHT BE CONCERNED FROM BEING UNFAIRLY PENÁLISED, A PERSON WILL NOT BE LIABLE FOR THE OFFENCE, OR THE REMOVAL COSTS, IF HE CAN PROVE THAT THE POSTER HAS BEEN DISPLAYED WITHOUT HIS KNOWLEDGE OR CONSENT, HE SAID.

DEBATE ON THE BILL WAS ADJOURNED.

SUMMARY OFFENCES (AMENDMENT) BILL 1980

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A BILL SEEKING TO DELETE A PROVISION WHICH BANS THE DISTRIBUTION, POSTING OR EXHIBITION OF NOTICES IN THE CHINESE LANGUAGE IN A PUBLIC PLACE WITHOUT THE PERMISSION OF THE SECRETARY FOR HOME AFFAIRS OR THE SECRETARY FOR THE NEW TERRITORIES WAS INTRODUCED IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

MOVING THE SECOND READING OF THE SUMMARY OFFENCES (AMENDMENT) BILL 1980, THE SECRETARY FOR HOME AFFAIRS, THE HON F.K. LI SAID THERE WERE NOW OTHER LAWS DEALING WITH SPECIFIED ASPECTS OF PUBLIC ORDER, ENVIRONMENTAL CONTROL AND OBJECTIONABLE PUBLICATIONS WITH PROVISIONS COVERING POSTERS, HAND BILLS AND OTHER WRITTEN MATERIALS IN ANY LANGUAGE.

/HE POINTED

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