TNAG-1545-FCO40-2109-Hong-Kong-legislation-for-public-health-and-urban-services-1986 — Page 192

RESTRICTED WEP X 14

For discussion

on 18 March 1986

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XCR (86)48 Copy No

35

MEMORANDUM FOR EXECUTIVE COUNCIL

Public Health and Urban Services Ordinance

(Chapter 132)

PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE (AMENDMENT OF THIRD SCHEDULE) ORDER 1986

Introduction

The purpose of this memorandum is to seek Members' advice on whether, under section 3(3) of the Public Health and Urban Services Ordinance, the annexed Public Health and Municipal Services Ordinance (Amendment of Third Schedule) Order 1986 should be made. The order serves to transfer the Urban Council's authority for making regulations in respect of advertisement signs to the Governor in Council and the Urban Council's control powers in relation to dangerous signs to the Director of Buildings and Lands.

Background

2

Under section 104 of the Public Health and Urban Services Ordinance (Chapter 132) (the Ordinance), the Authority, i.e. the Urban Council in the urban areas and the Governor in Council in the New Territories, is empowered to make regulations restricting, regulating or prohibiting the exhibition of advertisements, decorations or signs, especially when such exhibition would affect injuriously or disfigure the natural beauty of a landscape or the amenities of any place. The present Advertisements By-laws were originally made 1920 under the repealed Advertisements Regulations Ordinance. By-laws 2 and 7, which apply only to the urban areas, empower the Urban Council to license sky signs and control advertisements for amenity purposes. The powers under by-laws 2 and 7 have never been exercised and no similar power has been provided in respect of the New Territories.

3

in

Under section 105, the Urban Council is empowered to control hoardings, scaffoldings or other structures erected for exhibiting advertisements which are, in the opinion of the Building Authority, dangerous, or in the opinion of the Director of Fire Services, a fire hazard. Physical removal of such structures is undertaken by the Director

Director of Building Development with the cost thereof being recovered from the Urban Council.

HKX 250l RECEIVED IN REGISTRY

13 MAR 1986

DESK OFFICER WDEX

PA

REGISTRY

Action Taken

G.F. 324

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