6
Article
No.
6
7
Provisions
Appropriate measures shall be taken, by adequate inspection or other means, to ensure the proper application of the laws or regulations referred to in Article 5.
Where it is appropriate to the manner in which effect is given to this Convention, the necessary measures in the form of penalties shall be taken to ensure the enforcement of such laws or regulations.
All premises used by workers, and the equipment of such premises, shall be properly maintained and kept clean.
Comments
The Authority as defined under section 3 of the Public Health and Urban Services Ordinances and the Building Authority under the Building Ordinance should be responsi- ble for the administration of new legislation, if introduced, giving effect to the provisions of the Convention and the Recommendation in addition to their present responsibilities under the respective Ordinances. The respective inspec- torates must be expanded considerably so that adequate inspection could be carried out. The Factory Inspectorate and Labour Inspectorate, with proper expansion, can also be entrusted with the responsibilities instead of the Health Inspectorate or Public Works Inspectors. However, this might give rise to duplication of effort, and there will be need to clearly delineate the line of demarcation of responsibilities.
Under section 14(1) of the Public Health and Urban Services Ordinance, the owner or occupier of any premises may be required by a notice served upon him to limewash, paint, cleanse, disinfect or disinfest such premises within a period specified in the notice if it appears to the authority that such premises are in such a state as to be a nuisance or injurious or dangerous to health or in such a state as to affect injuriously or disfigure the amenities of any place or locality. Both by-law 16 of the Public Cleansing and Prevention of Nuisances By-laws 1972 and regulation 16 of the Public Cleansing and Prevention of Nusiances (New Territories) Regulations 1972 require the occupier of any premises to remove from such premises, at least once in every 24 hours, save in the case of a typhoon or other exceptional circumstances, all the house refuse accumulated therein.
However section 14(1) does not make provisions regarding the maintenance of furnishings and equipment in premises. In order to apply the provisions of paras. 5-8 of the Recommendation, more specific provisions may be necessary for the observance of occupiers of premises. code of practice may be necessary.
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