TNAG-0966-FCO40-1185-Legislation-for-employment-in-Hong-Kong-1980 — Page 97

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Ord. No. 40/80

Short title.

Addition of new Part XA. (Cap. 132.)

PUBLIC HEALTH AND URBAN SERVICES

(AMENDMENT) (NO. 2)

L.S.

HONG KONG

No. 40 of 1980

I assent.

MURRAY MACLEHOSE,

Governor.

10 July 1980.

An Ordinance to amend the Public Health and Urban Services Ordinance.

[11 July 1980]

Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.

1.

This Ordinance may be cited as the Public Health and Urban Services (Amendment) (No. 2) Ordinance 1980.

2. The principal Ordinance is amended by adding, after Part X, the following new Part-

Interpretation

of this Part.

Proposal of private street

name.

"PART XA

STREET NAMES

111A. In this Part, unless the context otherwise re- quires---

"private street" means a street on land held under Crown lease, licence or otherwise from the Crown or on land over which the Crown has granted or reserved a right of way;

"street" includes a private street and any area of land declared to be a street by the Director of Public Works.

111B. (1) Subject to subsection (2), a person may propose--

(a) a name of a private street that has not been named;

ΟΙ

(b) a change of name of a private street that has been

named,

by notice in writing sent to the Authority.

(2) No person other than the owner of the land that is held under or by virtue of a Crown lease and on which the private street is situated may make a proposal under subsection (1) in connexion with that private street.

(3) The Authority shall, after the receipt of a proposal under subsection (1), consider the application and shall-

(a) make a declaration under section 111C(1)(a) or (b),

as the case may be; or

(b) refuse to make a declaration.

PUBLIC HEALTH AND URBAN SERVICES (AMENDMENT) (NO. 2)

Declaration of street name.

Penalty for marking or displaying other street

name.

Ord. No. 40/80

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(4) Where the Authority under subsection (3) has refused to make a declaration, the Authority shall serve notice of its decision, setting out reasons for its decision, upon the person who made application under subsection (1).

(5) A person upon whom a notice under subsection (4) has been served may, within 30 days of the date of that notice, appeal against the decision of the Authority by way of petition to the Governor in Council whose decision shall be final.

111C. (1) Notwithstanding section 111B, the Authority, by declaration in the Gazette, may-

(a) assign a name to a street that has not been named;

or

(b) change the name of a street that has been named.

(2) The Authority shall, not less than 30 days prior to a declaration under subsection (1)(b), give notice of its intention to change the street name.

(3) A notice under subsection (2) shall-

(a) contain a brief description of the proposal to

change the street name;

(b) specify an address for service of objections to the

proposal;

(c) specify the time within which objections may be

lodged; and

(d) be published—

(i) in the Gazette; and

(ii) by posting it in both the English and Chinese languages in a prominent place in or near the street or part of the street which will be affected by the proposed declaration.

(4) A person may, within 30 days of the date of publication in the Gazette of the notice under subsection (2), object, in writing to the Authority, against the proposed declaration under subsection (1)(b).

(5) The Authority shall consider an objection under subsection (4) and shall, before a declaration is made under subsection (1)(b), serve notice of its decision, setting out reasons for its decision, upon the person who made an objection.

(6) A person upon whom a notice under subsection (5) has been served may, within 30 days of the date of that notice, appeal against the decision of the Authority by way of petition to the Governor in Council whose decision shall be final.

111D. Where the Authority has declared a street name under section 111C(1), any person who marks or displays any other street name other than that street name SO declared on a building or erection in the street commits an offence.".