TNAG-0976-FCO40-1195-Legislation-for-public-health-and-urban-services-in-Hong-Kon-1980 — Page 130

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Ord. No. 7/80

also

Certain persons deemed to

display bills or posters.

Definitions and saving for other enactments.

(Cap. 292.)

(Cap. 99.)

(Cap. 283.)

PUBLIC HEALTH AND URBAN SERVICES

(AMENDMENT)

(b) a bill or poster is not maintained in a cle and

tidy condition as required under section 104 the Authority may remove the bill or poster and may recover the cost of removal from the person displaying the bill or poster as a civil debt.

(2) Where any person is convicted of an offence under section 104A(1) or section 104B(1) the court by whom that person is convicted may order him to pay, in addition to or in lieu of any penalty for which he is liable for that offence, the cost or estimated cost of removing the bill or poster in respect of which the offence was committed.

(3) Where a bill or poster to which subsection (1)(a) or (b) applies is displayed on private land, nothing in this section shall derogate from any cause of action or remedy which the owner or occupier of that land may be able to enforce against the person who displays the bill or poster.

104D. (1) Where a person commits an offence against section 104A(1) the following persons shall be guilty of that offence in the same manner and to the same extent as if they had personally committed it-

(a) any other person who uses the first-mentioned person to display or affix the bill or poster; and (b) any person whose goods, trade, business or other concerns are given publicity by the bill or poster: Provided that a person referred to in paragraphs (a) and (b) shall not be guilty of an offence under section 104A(1) by reason only that he uses the person to display or affix the bill or poster or that his goods, trade, business or other concerns are given publicity by the bill or poster, if he proves that it was displayed or affixed without his knowledge or consent.

(2) For the purposes of sections 104B and 104C a person shall be deemed to display a bill or poster if-

(a) the bill or poster is displayed on land of which

he is the owner or occupier; or

(b) the bill or poster gives publicity to his goods, trade,

business or other concerns:

Provided that a person shall not be guilty of an offence under section 104B or be liable for the cost of removal under section 104C by reason only that the bill or poster is displayed on land of which he is the owner or occupier, or that his goods, trade, business or other concerns are given publicity by the bill or poster, if he proves that it was dis- played without his knowledge or consent.

104E. (1) In sections 104A, 104B and 104C “Authority"

means-

(a) in respect of any land within the boundaries of the airport as defined in the Hong Kong Airport (Regulations) Ordinance, the Director of Civil Aviation;

(b) in respect of any railway land as defined in the Kowloon-Canton Railway Ordinance, the General Manager of the Kowloon-Canton Railway;

(c) in respect of any land managed or controlled by the Housing Authority established by the Housing Ordinance, the Housing Authority;

(Cap

(Cap. 81. sub. leg.)

4.

PUBLIC HEALTH AND URBAN SERVICES (AMENDMENT)

Ord. No. 7/80

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(d) in respect of any land within a country park or special area as defined in the Country Parks Ordin- ance, the Director of Agriculture and Fisheries; (e) in respect of any public cargo working area as defined in the Port Control (Public Cargo Working Area) (Consolidation) Order and in respect of any land within the boundaries of the Hong Kong- Macau Ferry Terminal, the Director of Marine; (f) in respect of any land, whether private land or Crown land, in the urban areas, not being land referred to in paragraph (a), (b), (c) or (d), the Urban Council;

(g) in respect of any land, whether private land or Crown land, in the New Territories (excluding New Kowloon), not being land referred to in para- graph (a), (b), (c) or (d), the Director of Urban Services.

(2) In sections 104A, 104B, 104C, 104D and in this section, "land" includes—

(a) any building or other erection on land, whether a

fixture or not;

(b) any tree, rock or other natural part of land; and (c) land covered by water.

(3) In sections 104A, 104C and 104D "occupier" means any lessee, principal tenant or other person having direct control of the land.

(4) In this Part, "bill or poster" includes any word, letter, model, sign, placard, board, notice, device or repre- sentation and also includes any advertisement painted on any wall, fence, railing, post, rock, road-cutting or tree but does not include any structure, apparatus or hoarding used for the display of a bill or poster.

(5) Nothing in this Part, or in any permission granted under section 104A, shall operate so as to affect any obligation or liability imposed or incurred under any other enactment in relation to the display of any bill or poster.".

The Third Schedule to the principal Ordinance is amended by Amendment of deleting "104A Urban Council Director of Urban Services".

Third

Schedule.

5. The Ninth Schedule to the principal Ordinance is amended by Amendment of inserting after the item "101(3)" the following items---

Ninth Schedule.

“104A(2) 104B(2)

$2,000 fine $2,000 fine

$50 fine $50 fine".

6.

Section 8(b) of the Summary Offences Ordinance is amended by Consequential deleting "affixes any poster or other paper against or upon any building, amendment to wall, fence or paling; or".

Summary Offences Ordinance.

(Cap. 228.)

Passed by the Hong Kong Legislative Council this 13th day of February 1980.

LORNA LEUNG,

Clerk to the Legislative Council.