TNAG-0976-FCO40-1195-Legislation-for-public-health-and-urban-services-in-Hong-Kon-1980 — Page 58

Amendment of

Penalty for marking or displaying other street

name.

3.

2

(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.".

The Third Schedule to the principal Ordinance is amended by Third Schedule. inserting, after the item relating to section 111(1), the following-

Amendment of Sixth Schedule.

Amendment of

Secretary for the New Territories

"111B(1), (3),

Urban Council

(4) and (5)

111C(1), (2), (4),

Urban Council

Secretary for the New Territories".

4.

(5) and (6)

The Sixth Schedule to the principal Ordinance is amended by inserting, after the item relating to section 110(2), the following—

"111D

Urban Council Secretary for the New

Territories".

5. The Ninth Schedule to the principal Ordinance is amended by Ninth Schedule. inserting, after the item relating to section 110(2), the following—

3

Explanatory Memorandum

The purpose of this Bill is to facilitate the Urban Council or the Secretary for the New Territories, as the case may be, to carry out, and have greater control over, the naming of streets. It will also give the appropriate Authority some control over the naming of private streets and will prevent the use of street names in private streets considered by the Authority to be inappropriate.

2. Clause 2 of the Bill adds a new Part XA to the Public Health and Urban Services Ordinance containing four new sections.

3. Proposed new section 111A provides for a definition of “street” to include private streets developed, from time to time, as part of an estate or other building project and gives power to the Director of Public Works to declare that an area of land is a street.

4. Proposed new section 111B permits a person who is the owner of land on which the private street is situated to propose a name or an alteration of a name for that private street. Proposals are to be con- sidered by the Authority and if the name is acceptable, the Authority is to make a declaration naming that private street. The Authority may refuse to make a declaration but must give notice of its refusal to the proposer who may appeal to the Governor in Council.

5. Proposed new section 111C gives the Authority the power_to declare new street names and to change existing street names. The Authority may alter a street name only after giving 30 days' notice of its intention to do so by notice in the Gazette. Provision is made for objection and objections are to be considered by the Authority and the objector advised of the decision. Again an appeal lies to the Governor in Council. The Authority may also name an unnamed street without first having received a proposal under section 111A. This allows the Authority to name private streets where the owners of the private street have delayed proposing an acceptable name to the Authority. Where a land owner proposes a name for an unnamed private street or where the Authority wishes to name an unnamed public street it will not be necessary for the Authority to give notice of intention to declare the street name.

6. Proposed new section 111D makes it an offence to mark or display names other than those declared by the Authority under proposed new section 111C.

7. Under clause 3 of the Bill the Urban Council and the Secretary for the New Territories are designated as the Authorities in respect of the urban areas and the New Territories respectively.

8. The effect of clause 4 is to enable proceedings for an offence under proposed new section 111D to be brought in the name of the appropriate Authority.

9. Clause 5 provides that an offence under new section 111D will incur a penalty of a $2,000 fine.

10. This Bill has no financial or staffing implications.

"111D

$2,000 fine

: