202
HONG KONG URBAN COUNCIL
THE CHAIRMAN moved the following resolution: ---
"RESOLVED that the Public Conveniences (Conduct and Behaviour) By-laws, 1961, be made under section 35 of the Public Health and Urban Services Ordinance, No. 30 of 1960."
He said: These By-laws, which are modelled on their United Kingdom counterpart, are designed to control behaviour in public latrines and to give power to remove persons conducting themselves improperly. With current restrictions on periods of water supply, it is also necessary to make it an offence to interfere with or take water from the flushing system in public latrines. Finally, provision is included for charging fees for the use of compartments.
I beg to move.
THE VICE-CHAIRMAN seconded.
The question was put.
The Motion was carried.
THE CHAIRMAN moved the following resolution :
"RESOLVED that the Victoria Park Swimming Pool (Amendment) By-laws, 1961, be made under section 42 of the Public Health and Urban Services Ordinance, No. 30 of 1960."
He said: Recently the Urban Amenities Select Committee approved small increases in the fees charged for admission to the Victoria Park Swimming Pool. The Amendment By-laws now before Council will provide the necessary statutory authority for these increases.
I beg to move.
THE VICE-CHAIRMAN seconded.
The question was put.
The Motion was carried.
THE CHAIRMAN moved the following resolution: --
"RESOLVED under By-law 10(1) of the Public Cemeteries By-laws, 1960, that the Director of Urban Services be empowered to exhume and remove the human remains of persons from the graves specified in the following public cemeteries and to dispose of the same by burial, cremation or otherwise as the Director may think fit.
CemeterySectionYear of Burial (1) Wo Hop Shek Cemetery, Fanling, New Territories.All graves, including those in private lots.1954. (2) Sandy Ridge Urn Cemetery, Lo Wu, New Territories.All graves in the Government Urn Section.All years up to and including 1958. (3) Sandy Ridge Cemetery, Lo Wu, New Territories.All graves, including those in private lots.1954. (4) Prison Cemetery, Stanley.All graves.1954."
He said: It arises from an unfortunate legal position on the bringing into force of the new Public Health and Urban Services Ordinance. Under the routine sanctioned by the former Public Health (Sanitation) Ordinance, this Council in mid-1960 approved a six months' notice of intention of clearance of graves in certain public cemeteries. But, shortly before this period of notice expired, the Public Health (Sanitation) Ordinance was repealed and replaced by the Public Health and Urban Services Ordinance which does not have any exactly similar provision for notice and clearance. Instead, provision for this purpose is included under the new Public Cemeteries By-laws.
Legally, therefore, the notice given under the Public Health (Sanitation) Ordinance was cut short by the repeal of that Ordinance and cannot be deemed to continue under transitional provisions during the currency of the new Public Cemeteries By-laws. In other words, if the Council wishes to clear these cemeteries, it must begin again with a fresh period of six months' notice given under the new By-laws. The object of the resolution is to start the ball rolling again.
Fortunately, no serious administrative upset will be caused by this delay.
I beg to move.
THE VICE-CHAIRMAN seconded.
The question was put.
The Motion was carried.
Page 110
Page 111
203
118
202
HONG KONG URBAN COUNCIL
THE CHAIRMAN moved the following resolution: ---
"RESOLVED that the Public Conveniences (Conduct and Behaviour) By-laws, 1961, be made under section 35 of the Public Health and Urban Services Ordinance, No. 30 of 1960."
He said: These By-laws, which are modelled on their United Kingdom counterpart, are designed to control behaviour in public latrines and to give power to remove persons conducting themselves improperly. With current restrictions on periods of water supply, it is also necessary to make it an offence to interfere with or take water from the flushing system in public latrines. Finally, provision is in- cluded for charging fees for the use of compartments.
I beg to move.
THE VICE-CHAIRMAN seconded.
The question was put.
The Motion was carried.
THE CHAIRMAN moved the following resolution :
"RESOLVED that the Victoria Park Swimming Pool (Amend- ment) By-laws, 1961, be made under section 42 of the Public Health and Urban Services Ordinance, No. 30 of 1960."
He said: Recently the Urban Amenities Select Committee approved small increases in the fees charged for admission to the Victoria Park Swimming Pool. The Amendment By-laws now before Council will provide the necessary statutory authority for these increases.
I beg to move.
THE VICE-CHAIRMAN seconded.
The question was put.
The Motion was carried.
THE CHAIRMAN moved the following resolution: --
"RESOLVED under By-law 10(1) of the Public Cemeteries By-laws, 1960, that the Director of Urban Services be empowered to exhume and remove the human remains of persons from the graves specified in the following public cemeteries and to dispose of the same by burial, cremation or otherwise as the Director may think fit.
ance.
Cemetery
HONG KONG URBAN COUNCIL
(1) Wo Hop Shek Cemetery, Fanling, New Territories.
(2) Sandy Ridge
Urn Cemetery, Lo Wu, New Territories.
(3) Sandy Ridge
Cemetery, Lo Wu, New Territories.
(4) Prison Ceme- tery, Stanley.
Section
All graves, includ- ing those in private lots.
All graves in the Government Urn Section.
All graves, includ- ing those in private lots.
All graves.
Year of Burial
1954.
203
All years up to and including 1958.
1954.
1954.
"
He said: It arises from an unfortunate legal position on the bringing into force of the new Public Health and Urban Services Ordin- Under the routine sanctioned by the former Public Health (Sani- tation) Ordinance, this Council in mid-1960 approved a six months' notice of intention of clearance of graves in certain public cemeteries. But, shortly before this period of notice expired, the Public Health (Sanitation) Ordinance was repealed and replaced by the Public Health and Urban Services Ordinance which does not have any exactly similar provision for notice and clearance. Instead, provision for this purpose is included under the new Public Cemeteries By-laws.
Legally, therefore, the notice given under the Public Health (Sani- tation) Ordinance was cut short by the repeal of that Ordinance and cannot be deemed to continue under transitional provisions during the currency of the new Public Cemeteries By-laws. In other words, if the Council wishes to clear these cemeteries, it must begin again with a fresh period of six months' notice given under the new By-laws. The object of the resolution is to start the ball rolling again.
Fortunately, no serious administrative upset will be caused by this
delay.
I beg to move.
THE VICE-CHAIRMAN seconded.
The question was put.
The Motion was carried.
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