231552-1936-Supplementary-Draft-Bills--Public-Health-Animals-and-Birds-Amendment-Public-Health-Food-Amendment-Public-Health-Sanitation-Amendment — Page 6

781

2. The amendment in clause 3 restores to the Chairman of the Urban Council a power which he formerly possessed as Head of the Sanitary Department. It is considered that the reversion to him of this power will simplify matters from the administrative point of view.

3. Under section 4 (5) of the principal Ordinance an article of food seized as being unwholesome was required to be kept for a period which might be as long as forty eight hours. The magistrate also had power to disallow the seizure and restore the article to its owner. In practice this section is unworkable owing to the difficulty of keeping food, parti- cularly unwholesome food, for any length of time. Clause 4 of the Bill reduces the period within which applications must be made to the magistrate from forty eight hours to twenty four hours and also substitutes for the power of the magistrate to restore the article a power to order compensation. Con- sequently section 4 (6) will be repealed by clause 5 of the Bill.

4. The amendment in clause 6 enables fees to be charged in connection with every matter with regard to which the Council has power to make by-laws under section 5 of the principal Ordinance.

5. The new section 10 added by clause 7 gives a power of arrest in the absence of a police officer similar to the power of arrest given under section 16 of the Public Health (Sanitation) Ordinance, No. 15 of 1935. This is considered necessary.

6. The new section 11 added by clause 7 clarifies the position as to the application of the Ordinance to the New Territories. The section is identical with section 97 of the Public Health (Sanitation) Ordinance, No. 15 of 1935.

7. The power of appeal granted under clauses 12, 13 and 14 is similar to that already possessed by aggrieved persons under sections 84, 85 and 86 of the Public Health (Sanitation) Ordinance, No. 15 of 1935, and under sections 161, 162 and 163 of the Buildings Ordinance, No. 18 of 1935. It is considered expedient to extend this right of appeal to the present Ordinance.

August, 1936.

C. G. ALABASTER,

Attorney General.