TNAG-0976-FCO40-1195-Legislation-for-public-health-and-urban-services-in-Hong-Kon-1980 — Page 142

Enclosure No.4

A BILL

To

Amend the Public Health and Urban Services Ordinance to make better provision for the control of bill-posting and to make a consequential amendment to the Summary Offences Ordinance.

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 Short title and Services (Amendment) Ordinance 1980 and shall come into operation on

a day to be appointed by the Governor by notice in the Gazette.

commencement.

2. Section 104A of the principal Ordinance is repealed and replaced Repeal and by the following-

"Prohibition

on display

of bills or posters without permission.

104A. (1) No bill or poster shall be displayed or affixed-

(a) on any private land, except with the written permission of the owner or occupier thereof; (b) on any Crown land, except with the written permis-

sion of the Authority.

(2) A person displaying or affixing a bill or poster in contravention of subsection (1) commits an offence.".

replacement of section 104A. (Cap. 132.)

3. The principal Ordinance is amended by adding after section 104A Addition of the following sections-

"Duty to

maintain bill

or poster in

clean and tidy condition.

Power to remove bills and posters.

104B. (1) Where a bill or poster is displayed on any private land or on any Crown land, the bill or poster shall be maintained in a clean and tidy condition to the reason- able satisfaction of the Authority.

(2) A person displaying a bill or poster in contraven- tion of subsection (1) commits an offence.

104C. (1) Where-

(a) a bill or poster is displayed in contravention of

section 104A(1); or

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

tidy condition as required under section 104B(1), 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.

sections 104B, 104C, 104D and 104E.