TNAG-1545-FCO40-2109-Hong-Kong-legislation-for-public-health-and-urban-services-1986 — Page 51

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For discussion

on 5 August 1986

XCR (86) 149 Copy No.

MEMORANDUM FOR EXECUTIVE COUNCIL

MKK 250

Public Health and Municipal Services Ordinance.EGISTRY

(Chapter 132)

2-1 AUG 1986

REGISTRY

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

Introduction

Action Taken

Mill

The purpose of this memorandum is to seek Members' advice on whether, under section 3(3) of the

the Public Health and Municipal Services Ordinance, the annexed Public Health and Municipal Services Ordinance (Amendment of Third Schedule) Order 1986 should be made. The order serves to remove the Urban Council's authority for making regulations in respect of advertisement signs. In future these regulations will be made by the Governor in Council. It also transfers the Urban Council's control powers in relation dangerous signs to the Director of Buildings and Lands.

Background

2

Under section 104 of the Public Health and Municipal Services Ordinance (Chapter 132), the Authority, i.e. the Urban Council in the Urban Council area and the Governor in Council in the Regional Council area, is empowered to make regulations restricting, regulating or prohibiting the exhibition of advertisements, decorations ΟΥ 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 The present Advertisements By-laws were originally made in 1920 under the repealed Advertisements Regulations Ordinance. By-laws 2 and 7, which apply only to the Urban Council area, empower the Urban Council to license sky signs and control advertisements for amenities purposes. The powers under by-laws 2 and 7 have never been exercised and

no similar power has been provided in

of the Regional Council area.

3

respect of

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. The Urban Council normally serves a notice to the owner of a dangerous sign, requiring him to remove or repair the structure. If the owner fails to comply, or if the

if the owner cannot be identified or traced, then physical removal of the dangerous structure is undertaken by the Director of Buildings and Lands with the cost thereof being recovered from the Urban Council.

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