TNAG-1818-FCO40-2579-Broadcasting-in-Hong-Kong-1988 — Page 143

A514

Ord. No. 76/88

PUBLIC HEALTH AND MUNICIPAL SERVICES (AMENDMENT) (NO. 2)

(2) Section 128 is amended by adding after subsection (3)—

Seventh Schedule, Form G

"(4) Where a Prohibition Order in respect of premises, a vessel or a specified part to which regulations made under section 56 apply has been served under subsection (6) but has not been continuously complied with from the 8th day after such service, the court, upon application by the public officer or public body upon whose application the order was made shall, without prejudice to any penalty which may be imposed under this section, but subject to subsection (5), make an order in Form G in the Seventh Schedule (in this section referred to as a “Closure Order”).

(5) A court shall not make a Prohibition Order or a Closure Order unless satisfied--

(a) that at least 14 days' notice of intention to apply for the order has been served under subsection (6);

(b) that such notice stated the time and place set for the hearing of the application and advised that any person having reasonable cause to be heard upon the application might request to be so heard; and (c) that every person having reasonable cause to be heard upon the application and requesting to be so has had an opportunity to be heard.

(6) Notice of intention to apply for a Prohibition Order or Closure Order in respect of any premises, vessel or specified part, and a copy of every such order when made, shall be in both English and Chinese and shall be served by affixing it to a conspicuous part of those premises, that vessel or that specified part.

(7) A Closure Order made in respect of any premises, vessel or specified part shall come into force on the 8th day after it has been served under subsection (6) and shall remain in force for as long as the Prohibition Order made in respect of those premises, that vessel or that specified part remains in force.

(8) Upon the coming into force of a Closure Order in respect of any premises, vessel or specified part, the public officer or public body upon whose application the order was made shall lock or seal, or cause to be locked or sealed, all or any of the entrances to or exits from the premises, vessel or specified part and may disconnect or cause to be disconnected all gas, water and electricity supplies thereto.

(9) While a Closure Order is in force in respect of any premises, vessel or specified part—

(a) no person, except with the written permission of the public officer or public body upon whose appli- cation the order was made, shall enter or remain in those premises, on that vessel or in or on that specified part;