TNAG-0976-FCO40-1195-Legislation-for-public-health-and-urban-services-in-Hong-Kon-1980 — Page 161

G.S. 84

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6

3

XCR (80)10

It is considered that these provisions are necessary to ensure that liability will fall on those persons who can be regarded as being responsible, either directly or indirectly, for the display and maintenance of bills or posters. However, to protect any person from being unfairly penalised by these provisions, a defence is introduced to the effect that a person will not be guilty of an offence or liable for the removal costs if he can prove that the bill or poster was displayed without his knowledge or consent.

7

In accordance with the proposed new section 104E(4) of the Bill, "bill or poster" includes any bill or poster or advertisement painted on walls, fences and road-cuttings.

8

The Urban Council will be the Authority for the urban areas, and the Director of Urban Services for the New Territories, except where the land or property in question falls under the management or control of the Director of Civil Aviation, the Director of Marine, the General Manager, Kowloon Canton Railway, the Housing Authority, or the Director of Agriculture and Fisheries, who shall be deemed to be the Authority for land under their jurisdiction for the purposes of Sections 104A, 104B and 104C of the Bill.

Financial and Staffing Implications

9

The enforcement of the Bill requires the formation of poster removal teams in the Urban Services Department. The Staff and re- current operating costs are estimated to be of the order of $2.1 million a year. In addition, in the first year of operation, there would be an estimated capital expenditure of approximately $0.5 million. No significant call on public funds or staff is anticipated in other Government departments as a result of the proposals,

10

As mentioned in paragraph 6, the Authority may recover the cost of removing the posters. However, whilst the Authority will make every effort to do so, it is not expected that the revenue from this could fully meet the operating costs.

11

The Urban Council has approved the proposed legislative amendments and will take steps to amend the Advertisements By-laws as required if the Bill is enacted.

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