TNAG-1818-FCO40-2579-Broadcasting-in-Hong-Kong-1988 — Page 144

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

Ord. No. 76/88

A515

(b) a person carrying written authority from the public officer or public body to whom the order was directed may remove from the premises, vessel or specified part any person who fails to comply with paragraph (a), and in doing so may, with such assistance from police officers as may be necessary, use such force as is reasonably necessary.

(10) Any person who, without lawful authority or

excuse-

(a) enters or remains in any premises, on any vessel or in or on any specified part in contravention of subsection (9)(a);

(b) breaks or interferes with any lock or seal placed on any premises, vessel or specified part under sub- section (8); or

(c) removes or defaces a document affixed to any premises, vessel or specified part for the purposes of this section,

shall be guilty of an offence.

(11) Where, immediately before any premises, vessel or specified part are or is closed under subsection (8), there is found therein or thereon any food, or any article or thing likely to create a fire hazard or constitute a danger to life or health if left in or on the premises, vessel or specified part, the public officer or public body upon whose application the Closure Order was made shall-

(a) take possession of such food, article or thing;

(b) dispose as he or it thinks fit of any perishable food and of any article or thing which requires to be immediately disposed of; and

(c) affix a notice in both English and Chinese to a conspicuous part of the premises, vessel or specified part setting out details of any food, article or thing still in his or its possession and calling upon persons to submit any claim for the return of such food, article or thing within 7 days after the day on which the notice was posted.

(12) Where a claim is made under subsection (11)(c) for the return of any food, article or thing, the public officer or public body in possession thereof may-

(a) refuse to return it unless satisfied that the claimant is the owner or otherwise entitled to possession of the food, article or thing; and

(b) recover as a civil debt from a claimant to whom any food, article or thing is returned, any expenses incurred in the removal and storage of such food, article or thing.