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Provision of Municipal Services (Reorganization) Bill
Provide for the provision of municipal services by the Government; to repeal the Provisional Regional Council Ordinance and the Provisional Urban Council Ordinance; to make incidental and supplemental and connected provisions, including the vesting of property, rights and liabilities of
the Provisional Regional Council and the Provisional Urban Council in the Government and the transfer of their functions; to amend the
Public Health and Municipal Services Ordinance, the Municipal Services Appeals Boards Ordinance, the Dutiable Commodities Ordinance and the Places of Public Entertainment Ordinance and to make consequential and related amendments to enactments.
Enacted by the Legislative Council.
PART I
Preliminary
1. Short title and commencement
(1) This Ordinance may be cited as the Provision of Municipal Services (Reorganization) Ordinance.
(2) This Ordinance shall come into operation on a day to be appointed by the Secretary for Constitutional Affairs by notice in the Gazette.
2. Interpretation
In this Ordinance, unless the context otherwise requires---
"appointed day" (指定日期) means the day appointed for the coming into operation of section 3;
"commencement date" (生效日期) means, in relation to---
(a) the transfer of a function, the date on which the transfer takes effect by the operation of this Ordinance;
(b) a repeal or amendment of an enactment by this Ordinance, the date on which the repeal or amendment comes into operation;
"a Council" (市政局) means the Provisional Regional Council established under section 3 of the Provisional Regional Council Ordinance (Cap. 385) or the Provisional Urban Council established under section 3 of the Provisional Urban Council Ordinance (Cap. 101) and accordingly references to "the Councils" (兩局) are to be construed as references to both those Councils;
"former authority" (前主管當局), in relation to a function which is transferred under this Ordinance, means the person who immediately before the commencement date had the authority to exercise that function;
"function" (職能) includes a power and a duty;
"new authority" (新主管當局), in relation to a function which is transferred under this Ordinance, means the person on whom that function is conferred by the operation of this Ordinance.
PART II
Repeal of Provisional Regional Council Ordinance and Provisional Urban Council Ordinance and Incidental and Supplemental Provisions
3. Repeal of Provisional Regional Council Ordinance and Provisional Urban Council Ordinance
The Provisional Regional Council Ordinance (Cap. 385) and the Provisional Urban Council Ordinance (Cap. 101) and all subsidiary legislation made under those Ordinances are repealed.
4. Vesting of property, rights and liabilities of the Councils in Government and saving of validity of their acts
(1) All property, rights and liabilities of the Councils are vested in the Government as from the appointed day by virtue of this subsection.
(2) Nothing in this Ordinance affects the validity of anything done by or in relation to a Council before the appointed day.
(3) Anything which immediately before the appointed day is in the process of being done by or in relation to a Council may be continued to the extent that it is consistent with this Ordinance and in accordance with the provisions of this Ordinance.
5. Provisions incidental and supplemental to section 4
(1) Any agreement, arrangement or contract made or entered into or transaction effected or other thing done by, to or in relation to a Council which is in force or effective immediately before the appointed day has effect as from that day as if made, entered into, effected or done by, to or in relation to the Government to the extent that it is consistent with this Ordinance.
(2) Accordingly, references to a Council---
(a) in any agreement, arrangement or contract or in any deed, bond or instrument;
(b) in any process or other document issued, prepared or employed for the purpose of any proceeding before a court, tribunal or similar body; and
(c) in any other document whatever (other than an enactment) relating to or affecting any property, right or liability of a Council which vests in the Government under section 4,
are taken as from the appointed day as referring to the Government in whatever terms as may be appropriate in the circumstances and to the extent that it is consistent with this Ordinance.
(3) The Government may be sued for the liabilities to which it is subject under section 4 and they may be recovered from the Government.
(4) The Government may sue on, recover or enforce a chose in action vested in it under section 4 without having to give notice of the transfer to a person bound by the chose in action.
(5) The record of property of a Council immediately before the appointed day that is in the form of an entry in the books of a bank, company or other corporation is to be transferred in those books to the Government on the request of the Government, by the bank, company or other corporation.
(6) The legal claims including present, future, actual and contingent claims by or against a Council, including any accrued right of appeal, judicial and administrative proceedings instituted by or against a Council that existed immediately before the appointed day do not abate by reason of the repeal under section 3. They may be continued or enforced by or against the Government.
(7) The guarantees and indemnities given by a Council become and are the liability of the Government. The guarantees and indemnities given to a Council become and are the property of the Government.
(8) Any delegation or authorization made by a Council under an Ordinance repealed under section 3, in force immediately before the appointed day, is to continue in force to the extent that it is consistent with this Ordinance and in so far as it is necessary to continue its effect after the appointed day.
6. Express saving of certain property of the Councils
Without limiting sections 4 and 5, the following as they existed immediately before the appointed day are expressly saved and transferred from the Councils to the Government---
(a) land allocated to a Council by the Government for its use;
(b) insurance policies held by a Council;
(c) the benefit of trade marks, copyright and other intellectual property rights held by a Council;
(d) the right to collect fees and other charges, and rates under any statutory or contractual authority held by a Council.
PART III
Specific Provisions Relating to Transfer of Functions and Consequential and Related Amendments
7. Repeal, amendment and renaming of enactments
(1) An enactment mentioned in column 2 of Schedule 1 is to be known by the title specified opposite to it in column 3 of that Schedule and accordingly the titles of subsidiary legislation made under the Public Health and Municipal Services Ordinance (Cap. 132) specified in that column 2 are repealed and the titles specified opposite to them in that column 3 substituted therefor.
(2) The subsidiary legislation made under the Public Health and Municipal Services Ordinance (Cap. 132) mentioned in column 2 of Schedule 2 are repealed.
(3) Any enactment mentioned in column 3 of Schedule 2 in relation to an enactment repealed under subsection (2) applies to and in relation to matters to which the repealed enactment applied immediately before the repeal and is taken to have replaced the repealed enactment.
(4) The Public Health and Municipal Services Ordinance (Cap. 132) and its subsidiary legislation are amended to the extent and in the manner set out in Schedule 3.
(5) The Municipal Services Appeals Boards Ordinance (Cap. 220) is amended to the extent and in the manner set out in Schedule 4.
(6) The Dutiable Commodities Ordinance (Cap. 109) and its subsidiary legislation are amended to the extent and in the manner set out in Schedule 5.
(7) The Places of Public Entertainment Ordinance (Cap. 172) and its subsidiary legislation are amended to the extent and in the manner set out in Schedule 6.
(8) The enactments mentioned in Schedule 7 are amended to the extent and in the manner set out in that Schedule.
8. Savings and transitional provisions for matters arising under section 7
(1) Section 7 does not affect the validity of anything lawfully done by or in relation to a former authority before the commencement date.
(2) The following applies without limiting the operation of subsection (1) and to the extent that it is consistent with this Ordinance---
(a) anything which immediately before the commencement date is in the process of being done by or in relation to a former authority, including in particular legal proceedings to which a former authority is a party, may be continued by or in relation to the new authority;
(b) any right of appeal subsisting immediately before the commencement date against the former authority may be exercised and enforced against the new authority in accordance with this Ordinance;
(c) if section 7 operates to substitute, in relation to a right of appeal, a new authority to hear and determine the appeal---
(i) any right of appeal subsisting immediately before the commencement date is to be treated as a right of appeal to the new authority under the provisions of the relevant enactment as amended by this Ordinance;
(ii) any appeal pending immediately before the commencement date is to be treated and disposed of as being an appeal to the new authority under the provisions of the relevant enactment as amended by this Ordinance;
(d) if a provision under which a right of review was available immediately before the commencement date is repealed by section 7 and a new remedy provided in its place under that section---
(i) any right of review subsisting immediately before that date may be exercised as a right to the new remedy under the provisions of the relevant enactment as amended by this Ordinance;
(ii) any review pending immediately before the commencement date is to be terminated on that date and the person to whom the right of review was available may exercise it as a right to the new remedy under the provisions of the relevant enactment as amended by this Ordinance;
(e) any licence, permit, registration, permission, approval, authorization, delegation, exemption, appointment, declaration, determination, designation, specification, notice, notification, prohibition, direction or requirement, granted, given, made or imposed by a former authority or having effect as if so granted, given, made or imposed, or a similar exercise of a power by or on behalf of the former authority if in force immediately before the commencement date day, has effect as if granted, given, made or imposed or done by the new authority in so far as that is required for continuing its effect after that date;
(f) if section 7 operates to substitute a new provision for a provision under which a power referred to in paragraph (e) has been exercised immediately before the commencement date, the power is taken to have been exercised under the new provision; accordingly on and after that date a reference in any enactment or document to the new provision in relation to the exercise of that power is to be construed as including acts done under the former provision;
(g) if immediately before the commencement date there is in existence an application for a licence, permit, registration, permission, approval, authorization or exemption or an application of a similar nature made to a former authority which has not been disposed of, it is to be taken to be an application to the new authority and is to be disposed of accordingly;
(h) any suspension of a licence or other permission in force immediately before the commencement date is to continue in force for the remainder of the period of suspension as if this Ordinance had not been enacted;
(i) documents or forms specified, prescribed, printed or duplicated for use in connection with any functions transferred by this Ordinance, including any written authorization issued by a former authority for the performance of a function and in force immediately before the commencement date, may be so used despite the fact that they contain references to a former authority, or to a former department, bureau or officer and those references shall be construed as references to the new authority, or the new department, bureau or officer, as the case may require;
(j) any reference made before the commencement date to an enactment repealed or renamed under section 7 or to a provision of such an enactment, in any document, form or instrument, including any process or other document issued, prepared or employed for the purpose of any proceeding before a court, tribunal or similar body, is to be construed as a reference to the corresponding enactment or provision, if any;
(k) except where it is expressly provided otherwise, section 7 is not to be construed as interrupting any period of time specified in any enactment or a notice or any other instrument given under an enactment and which is current on the commencement date and the period is to run as if that section had not been enacted.
9. Saving of subsidiary legislation, fees, etc.
(1) Where this Ordinance operates to---
(a) transfer the power to make subsidiary legislation on any matter; or
(b) substitute a new provision for a provision under which subsidiary legislation may be made,
subsidiary legislation (including an enactment replaced under section 7(3)) made or deemed to be made by the former authority in the exercise of
that power or under that provision and in force immediately before the commencement date continues to be in force subject to the amendments made by this Ordinance (if a new title is given by this Ordinance to the subsidiary legislation, by that title), and to the extent that it is consistent with this Ordinance, as if made by the new authority in the exercise of the power conferred on the new authority to make subsidiary legislation on that matter or under that new provision, as the case may be, and may be amended, repealed or replaced by the new authority or under that new provision.
(2) Where this Ordinance---
(a) operates to transfer the power to determine or prescribe fees or charges (by way of subsidiary legislation or otherwise) for any matter; or
(b) substitutes a new provision for a provision under which the fees or charges in force immediately before the commencement date were determined or prescribed,
the fees or charges in force immediately before that date continue to be in force as if---
(i) made by the new authority in the exercise of the power conferred on that authority; or
(ii) made under that new provision,
and may be varied, amended, revoked or replaced by the new authority or under that new provision.
PART IV
General
10. Transitional provisions with respect to offences
(1) All proceedings in respect of offences committed or alleged to be committed against an enactment repealed by this Ordinance (including an enactment mentioned in column 2 of Schedule 2), before the repeal came
into effect, may be commenced or continued under the enactment which corresponds to it, if any, and if there is no corresponding enactment, as if this Ordinance had not been enacted.
(2) Where an offence, for the continuance of which a penalty was provided under any enactment repealed by this Ordinance (including an enactment mentioned in column 2 of Schedule 2), proceedings may be commenced under the enactment which corresponds to it, if any, in respect of the continuance of that offence in the same manner as if the offence had been committed under the corresponding enactment.
11. Chief Executive in Council to make consequential, transitional and savings provisions
(1) If---
(a) adequate provision has not been made in this Ordinance for the consequential modification of any enactment that may be necessary or expedient to give effect to the provisions of this Ordinance; or
(b) this Ordinance does not contain transitional or savings provisions that are necessary or expedient in connection with the coming into operation of this Ordinance,
the Chief Executive in Council may by order make such provisions.
(2) An order under subsection (1) may be made before or after the appointed day and provide for any provision of the order to take effect on a date earlier than the date of publication of the order but not earlier than the appointed day.
(3) To the extent to which a provision in an order under this section takes effect on a date earlier than the date of publication of the order, the provision does not operate so as---
(a) to affect, in a manner prejudicial to any person (other than the Government or a public body), the rights of that person before the date of its publication; or
(b) to impose liabilities on a person (other than the Government or a public body) in respect of anything done, or omitted to be done, before the date of its publication.
(4) An order under this section is subject to the approval of the Legislative Council.
12. Ordinance to be construed as continuing only valid and lawful acts
For the avoidance of doubt it is stated that nothing in this Ordinance is
to be construed as giving validity, continuing in force or giving effect to---
(a) anything which could not have validly been done or given effect to under an enactment amended or repealed by this Ordinance; or
(b) anything done otherwise than in the lawful exercise of a power or performance of a duty.
13. Provisions of Ordinance not to derogate from section 23 of Interpretation and General Clauses Ordinance
The provisions of this Ordinance relating to repeal and amendment of enactments are in addition to and not in derogation from section 23 of the Interpretation and General Clauses Ordinance (Cap. 1).
SCHEDULE 1 [s. 7]
Substitution of Titles of Subsidiary Legislation
Item Old title New title
1. Abattoirs (Urban Council) Bylaws Abattoirs Regulation
2. Advertisements By-laws Advertisements Regulation
3. Bathing Beach (Urban Council) By-laws Bathing Beaches Regulation
4. Civic Centres (Regional Council) By-laws Civic Centres Regulation
5. Commercial Bathhouses (Urban Council) By-laws Commercial Bathhouses Regulation
6. Cremation and Gardens of Remembrance (Urban Council) By-laws Cremation and Gardens of Remembrance Regulation
7. Designation of Libraries (Urban Council Area) Order Designation of Libraries Order
8. Food Business (Regional Council) By-laws Food Business Regulation
9. Food Business (Regional Council) Bylaws (Exemption from Bylaw 31(1)) (Consolidation) Notice Food Business Regulation (Exemption from section 31(1)) Notice
10. Frozen Confections (Urban Council) By-laws Frozen Confections Regulation
11. Funeral Parlour (Regional Council) By-laws Funeral Parlours Regulation
12. Hawker (Permitted Place) (Urban Council) (Consolidation) Declaration Hawker (Permitted Places) Declaration
13. Hawker (Urban Council) By-laws Hawker Regulation
14. Library (Regional Council) By-laws Libraries Regulation
15. Declaration of Markets in the Regional Council Area Declaration of Markets Notice
16. Milk (Urban Council) Bylaws Milk Regulation
17. Museums (Regional Council) By-laws Museums Regulation
18. Declaration of Offensive Trades in the Regional Council Area Declaration of Offensive Trades Notice
19. Offensive Trades (Regional Council) By-laws Offensive Trades Regulation
20. Places of Amusement (Urban Council) Bylaws Places of Amusement Regulation
21. Pleasure Grounds (Urban Council) Bylaws Pleasure Grounds Regulation
22. Private Cemeteries (Urban Council) By-laws Private Cemeteries Regulation
23. Private Markets (Regional Council) By-laws Private Markets Regulation
24. Public Cemeteries (Urban Council) By-laws Public Cemeteries Regulation
25. Public Cleansing and Prevention of Nuisances (Urban Council) By-laws Public Cleansing and Prevention of Nuisances Regulation
26. Public Conveniences (Conduct and Behaviour) (Urban Council) By-laws Public Conveniences (Conduct and Behaviour) Regulation
27. Public Funeral Hall (Urban Council) By-laws Public Funeral Halls Regulation
28. Public Market (Regional Council) By-laws Public Markets Regulation
29. Public Swimming Pools (Urban Council) By-laws Public Swimming Pools Regulation
30. Restriction of Hawking in Special Areas (Regional Council Area) (Consolidation) Notification Restriction of Hawking in Special Areas Notification
31. Sanitation and Conservancy (Regional Council) By-laws Sanitation and Conservancy Regulation
32. Slaughterhouses (Regional Council) Bylaws Slaughterhouses Regulation
33. Stadia (Urban Council) By-laws Stadia Regulation
34. Swimming Pools (Urban Council) Bylaws Swimming Pools Regulation
35. Undertakers of Burials (Regional Council) By-laws Undertakers of Burials Regulation
36. Ventilation of Scheduled Premises (Urban Council) By-laws Ventilation of Scheduled Premises Regulation
------------------------------
SCHEDULE 2 [ss. 7 & 10]
Repeals and Replacement
Item Enactment Replacement
1. Basements (Urban Council) By-laws
2. Bathing Beach (Regional Council) By-laws Bathing Beaches Regulation
3. Civic Centres (Urban Council) By-laws Civic Centres Regulation
4. Conservancy (Urban Council) By-laws Sanitation and Conservancy Regulation
5. Cremation and Gardens of Remembrance (Regional Council) By-laws Cremation and Gardens of Remembrance Regulation
6. Designation of Libraries (Regional Council Area) Order Designation of Libraries Order
7. Food Business (Urban Council) By-laws Food Business Regulation
8. Food Business (Urban Council) By-laws (Exemption from By-law 32(1)) (Consolidation) Notice Food Business Regulation (Exemption from section 31(1)) Notice
9. Frozen Confections (Regional Council) By-laws Frozen Confections Regulation
10. Funeral Parlour (Urban Council) By-laws Funeral Parlours Regulation
11. Hawker (Regional Council) By-laws Hawker Regulation
12. Library (Urban Council) By-laws Libraries Regulation
13. Declaration of Markets in the Urban Council Area Declaration of Markets Notice
14. Milk (Regional Council) Bylaws Milk Regulation
15. Mosquito Prevention (Urban Council) By-laws
16. Museums (Urban Council) Bylaws Museums Regulation
17. Declaration of Offensive Trades in the Urban Council Area Declaration of Offensive Trades Notice
18. Offensive Trades (Urban Council) By-laws Offensive Trades Regulation
19. Places of Amusement (Regional Council) Bylaws Places of Amusement Regulation
20. Pleasure Grounds (Regional Council) Bylaws Pleasure Grounds Regulation
21. Private Cemeteries (Regional Council)By-laws Private Cemeteries Regulation
22. Public Cemeteries (Regional Council) By-laws Public Cemeteries Regulation
23. Public Cleansing and Prevention of Nuisances (Regional Council) By-laws Public Cleansing and Prevention of Nuisances Regulation
24. Public Conveniences (Regional Council) By-laws Public Conveniences (Conduct and Behaviour) Regulation
25. Public Market (Urban Council) By-laws Public Markets Regulation
26. Public Swimming Pools (Regional Council) Bylaws Public Swimming Pools Regulation
27. Slaughterhouses (Urban Council) Bylaws Slaughterhouses Regulation
28. Stadia (Regional Council) By-laws Stadia Regulation
29. Swimming Pools (Regional Council) Bylaws Swimming Pools Regulation
30. Undertakers of Burials (Urban Council) By-laws Undertakers of Burials Regulation
31. Ventilation of Scheduled Premises (Regional Council) By-laws Ventilation of Scheduled Premises Regulation
32. Ventilation (Urban Council) By-laws
33. Wells and Water Storage (Urban Council) By-laws
SCHEDULE 3 [s. 7]
Amendments to Public Health and Municipal Services Ordinance and Its Subsidiary Legislation
Public Health and Municipal Services Ordinance
1. Interpretation
Section 2(1) of the Public Health and Municipal Services Ordinance (Cap. 132) is amended---
(a) by repealing the definition of "Appeals Board" and substituting---
""Municipal Services Appeals Board" (市政服務上訴委員會) means the Municipal Services Appeals Board established under section 3 of the Municipal Services Appeals Board Ordinance (Cap. 220);";
(b) in the definition of "Authority" by repealing "or public body";
(c) by repealing the definitions of "Regional Council area", "Regional Services Appeals Board", "Urban Council area" and "Urban Services Appeals Board";
(d) by adding---
""health officer" (衞生主任) means---
(a) the Director of Health, a Deputy Director of Health or an Assistant Director of Health; or
(b) the Director of Food and Environmental Hygiene, a Deputy Director of Food and Environmental Hygiene or an Assistant Director of Food and Environmental Hygiene;
"prescribed fee" (訂明費用), in relation to any purpose in or under this Ordinance, means the fee prescribed for that purpose under section 124I or 124K as may be appropriate;".
2. Designation of Authorities
Section 3 is amended---
(a) by repealing subsection (1) and substituting---
"(1) Subject to subsection (2), the Authority for the purposes of each section of this Ordinance specified in the first column of the Third Schedule is the public officer specified opposite to it in the second column of that Schedule.";
(b) in subsection (2) by repealing "or public body" where it twice appears.
3. Authority may determine fees or charges relating to scavenging or conservancy services
Section 15A is repealed.
4. Obligation to provide latrines
Section 30(3) is amended by repealing "Appeals Board" and substituting "Municipal Services Appeals Board".
5. Heading amended
The heading before section 35 is amended by repealing "washhouses,".
6. Regulations as to public latrines and bathhouses
Section 35 is amended---
(a) in paragraph (a) by repealing ", bathhouses, or washhouses" and substituting "or bathhouses";
(b) by repealing ", bathhouses or washhouses" where it twice appears and substituting "or bathhouses".
7. Authority may determine fees and charges relating to latrines, bathhouses and washhouses
Section 35A is repealed.
8. Provision and maintenance of public latrines and bathhouses
Section 36 is amended---
(a) in subsection (1)---
(i) by repealing ", bathhouse or washhouse" wherever it appears and substituting "or bathhouse";
(ii) in the proviso by repealing "or washhouse";
(b) in subsection (2) by repealing ", bathhouse or washhouse" and substituting "or bathhouse".
9. Power to remove members of the public from public bathhouses
Section 37 is amended by repealing ", bathhouse or washhouse" and substituting "or bathhouse".
10. Power to refuse admittance to certain members of the public to public bathhouses
Section 38 is amended---
(a) by repealing ", bathhouse or washhouse" where it twice appears and substituting "or bathhouse";
(b) in paragraph (a) by repealing ", bathhouses or washhouses" and substituting "or bathhouses".
11. Appeals against action taken under section 37 or 38
Section 39 is amended by repealing ", bathhouse or washhouse" where it twice appears and substituting "or bathhouse".
12. Regulations relating to laundries and dry cleaning establishments
Section 40 is repealed.
13. Authority may determine fees and charges relating to laundries and dry
cleaning establishments
Section 40A is repealed.
14. Regulations relating to labourers' lines
Section 41 is repealed.
15. Authority may determine fees and charges relating to swimming pools
Section 42AA is repealed.
16. Rules relating to public swimming pools
Section 43(1) is repealed and the following substituted---
"(1) The Authority may, in relation to any public swimming pool, make rules which are not inconsistent with regulations made under this Ordinance to provide for the better control of persons in connection with the use of the swimming pool and to provide information relating to the use of the swimming pool.".
17. Authority may determine fees and charges relating to offensive trades
Section 49A is repealed.
18. Regulations as to composition of food and drugs, etc.
Section 55 is amended---
(a) in subsection (1) by repealing "The Director of Health" and substituting "The appropriate authority";
(b) in subsection (1A) by repealing "The Secretary for Health and Welfare" and substituting "The appropriate authority";
(c) in subsection (1B) by repealing "Governor in Council" and substituting "appropriate authority";
(d) in subsections (2) and (3) by repealing "Director of Health" and substituting "appropriate authority";
(e) by adding---
"(5) In this section any reference to "appropriate authority" is to be construed according to subsection (6).
(6) The appropriate authority for the purposes of---
(a) subsection (1), in relation to---
(i) food, is the Director of Food and Environmental Hygiene; and
(ii) drugs, is the Director of Health;
(b) subsections (1A) and (1B), in relation to---
(i) food, is the Secretary for the Environment and Food; and
(ii) drugs, is the Secretary for Health and Welfare;
(c) subsection (2), is the Director of Food and Environmental Hygiene; and
(d) subsection (3), in relation to---
(i) regulations made by the Secretary for the Environment and Food, is the Director of Food and Environmental Hygiene; and
(ii) regulations made by the Secretary for Health and Welfare, is the Director of Health.".
19. Regulations as to food and drugs hygiene
Section 56(3A) is amended by repealing "or public body".
20. Determination of fees relating to food
Section 56B is repealed.
21. Power to call for information as to composition of substances used in the preparation of food and drugs
Section 58 is amended---
(a) in subsection (1) by repealing everything from "For" to "section 56, may" and substituting "The appropriate authority may, for the purpose of exercising the powers conferred on that authority under sections 55 and 56";
(b) by repealing subsection (3)(a) and substituting---
"(a) in accordance with the directions of the appropriate authority; and";
(c) by adding---
"(6) In this section any reference to "appropriate authority" is to be construed according to subsection (7).
(7) The appropriate authority---
(a) under subsection (1), for powers conferred by sections 55 and 56 in relation to---
(i) food, is the Director of Food and Environmental Hygiene; and
(ii) drugs, is the Director of Health; and
(b) under subsection (3), for particulars and information relating to---
(i) food, is the Director of Food and Environmental Hygiene; and
(ii) drugs, is the Director of Health.".
22. Restriction on movement of imported food or drugs
Section 69(1) is amended---
(a) by adding "the Authority or" after "Part,";
(b) in paragraph (b) by adding "the Authority or" before "the officer" where it twice appears.
23. Public slaughterhouses
Section 76A(2) is amended by repealing "Abattoirs (Urban Council) Bylaws" and substituting "Abattoirs Regulation".
24. Regulations as to slaughtering and slaughterhouses
Section 77(1)(k) is amended by repealing "or any public body".
25. Authority may determine fees and charges relating to slaughtering and slaughterhouses
Section 77A is repealed.
26. Markets to which Ordinance applies, etc.
Section 79(2) is repealed.
27. Authority may determine fees and charges relating to private markets
Section 80A is repealed.
28. Market rules
Section 81(1) is repealed and the following substituted---
"(1) The Authority may, in relation to a market, make rules which are not inconsistent with regulations made under this Ordinance to provide for the better control of persons in connection with the use of the market and to provide information relating to the use of the market.".
29. Regulations relating to hawkers
Section 83A(2) is repealed and the following substituted---
"(2) Regulations made under subsection (1)(c) may---
(a) provide that the places or areas to which the restrictions or prohibitions apply may be specified by a specified public officer by order published in the Gazette; and
(b) provide for other means (in addition to publication in the Gazette) for making those places or areas known to the public.".
30. Authority may determine fees and charges relating to hawkers
Section 83AA is repealed.
31. Regulations in relation to overcrowding
Section 88 is repealed.
32. Removal of obstructions to light, ventilation or dwelling space
Section 89 is repealed.
33. Regulations in relation to boarding houses
Section 90 is repealed.
34. Authority may determine fees and charges relating to boarding houses
Section 90A is repealed.
35. Power of entry to boarding houses
Section 91 is repealed.
36. Forfeiture of bonds
Section 92 is repealed.
37. Prohibition of certain activities without licence
Section 92A(1) is amended by adding "or a public officer authorized by the Authority for the purposes of this section" after "Authority".
38. Section added
The following is added---
"92AB. Prohibition of any activity specified in Schedule 11A without licence
No person shall conduct, or open or keep open, any place for the purpose of any activity specified in Schedule 11A except under and in accordance with a licence issued by the Authority.".
39. Regulations relating to licensed activity
Section 92B(a) is amended by adding "or Schedule 11A" after "Schedule".
40. Authority may determine fees relating to licensed activities
Section 92BA is repealed.
41. Power of Authority to require provision of ventilating system in scheduled premises
Section 93(5) is amended by repealing "or public body by whom or which" and substituting "by whom".
42. Definitions and saving for other enactments
Section 104E(1)(f) and (g) is repealed and the following substituted---
"(f) in respect of any land, whether private land or Government land, not being land referred to in paragraph (a), (b), (c), (d) or (e), the Director of Food and Environmental Hygiene.".
43. Section substituted
Section 105E is repealed and the following substituted---
"105E. Authority may specify conditions for the use of stadia, etc.
The Authority may specify the conditions to be observed in the use of---
(a) a stadium;
(b) a part of a stadium; or
(c) any facilities provided in a stadium or part of a stadium.".
44. Function of Director of Urban Services and Director of Regional Services
Section 105F is repealed.
45. Regulations relating to museums
Section 105I is amended---
(a) in paragraph (ga)(i) by repealing ", the Urban Council or the Regional Council";
(b) in paragraph (h) by repealing "the Authority may refuse any person" and substituting "a person may be refused".
46. Powers of Authority to fix fees
Section 105J is repealed.
47. Regulations relating to libraries
Section 105L is amended---
(a) in subsection (1)(h)(i) by repealing ", the Urban Council or the Regional Council";
(b) in subsection (2) by repealing everything from "authorize" to "Regional Council area," and substituting "authorize the Authority".
48. Authority may determine fees and charges relating to libraries
Section 105LA is repealed.
49. Section substituted
Section 105P is repealed and the following substituted---
"105P. Authority may specify conditions for the use of civic centres, etc.
The Authority may specify the conditions to be observed in the use of---
(a) a civic centre;
(b) a part of a civic centre; or
(c) any facilities provided in a civic centre or part of a civic centre.".
50. Management and control of public pleasure grounds
Section 107(2) is amended by repealing "demarcate playing fields and playing pitches for the conduct of organized games and sports, construct tennis courts" and substituting "provide and demarcate public pleasure grounds for the conduct of organized games, sports and leisure activities".
51. Authority may determine fees and charges relating to public pleasure grounds
Section 109A is repealed.
52. Public pleasure ground rules
Section 110(1) is repealed and the following substituted---
"(1) The Authority may, in relation to a public pleasure ground, make rules which are not inconsistent with regulations made under this Ordinance to provide for the better control of persons in connection with the use of the public pleasure ground and to provide information relating to the use of the public pleasure ground.".
53. Proposal of private street name
Section 111B(5) is repealed and the following substituted---
"(5) A person on whom a notice under subsection (4) is served may, within 30 days of the date of the notice, appeal to the Municipal Services Appeals Board against the decision of the Authority.".
54. Declaration of street name
Section 111C(6) is repealed and the following substituted---
"(6) A person on whom a notice under subsection (5) is served may, within 30 days of the date of the notice, appeal to the Municipal Services Appeals Board against the decision of the Authority.".
55. Authority may determine fees and charges relating to cemeteries
Section 116A is repealed.
56. Public cemetery and Commonwealth War Graves Commission Cemetery rules
Section 117(1) is repealed and the following substituted---
"(1) The Authority may, in relation to a public cemetery or Commonwealth War Graves Commission Cemetery, make rules which are not inconsistent with regulations made under this Ordinance to provide for the better control of persons in connection with the use of the cemetery or Cemetery and to provide information relating to the use of the cemetery or Cemetery.".
57. Authority may determine fees for permission of exhumations
Section 118A is repealed.
58. Defrayal of expenses of reburial, etc.
Section 122 is amended by repealing everything after "defrayed" and substituting "out of the general revenue.".
59. Authority may determine fees and charges relating to mortuaries
Section 123AA is repealed.
60. Authority may determine fees and charges relating to public funeral halls
Section 123D is repealed.
61. Provision for hearing objections where application for crematorium in certain locations
Section 124D(4) is amended by repealing "Appeals Board" and substituting "Municipal Services Appeals Board".
62. Authority may determine fees and charges relating to cremation and crematoria
Section 124EA is repealed.
63. Part added
The following is added---
"PART XIA
Fees and Charges
124I. Authority may prescribe fees and charges
(1) The Authority may by regulation provide for the fees and charges payable in connection with the following---
(a) scavenging or conservancy services;
(b) the registration or licensing of latrines, bathhouses or the use of latrines or bathhouses;
(c) the registration or licensing of offensive trades;
(d) the registration or licensing of swimming pools;
(e) in relation to food, which for the purposes of this paragraph includes live poultry, live reptiles and live fish, the registration or licensing of premises, businesses or persons engaged in or connected with---
(i) the sale of food for human consumption;
(ii) the manufacture, preparation, transport, storage, packaging, marking, exposure for sale, service or delivery of---
(A) food intended for sale or sold for human consumption; or
(B) ice; or
(iii) any matter in respect of which the Director of Food and Environmental Hygiene may make regulations under section 56;
(f) the registration or licensing of public slaughterhouses or the services provided in or in connection with public slaughterhouses;
(g) the registration or licensing of private slaughterhouses;
(h) the inspection or examination of animals or carcasses and for anything done in connection with or consequent on any inspection or examination;
(i) the licensing or registration of the operation of private markets;
(j) the licensing of hawkers and the allocation and use of hawker pitches or stalls, the issue of a pitch card or a hawker's badge (including the issue of a duplicate of or any endorsement of or amendment to a pitch card or a hawker's badge) or the appointment of a hawker's deputy;
(k) the licensing of any activity specified in Schedule 11A;
(l) the burial of human remains;
(m) in relation to a public cemetery, the setting up of monuments or enclosures over or around graves and construction of vaults or urns or for obtaining a copy of entry in a register of graves in a public cemetery;
(n) the grant of permission to exhume human remains;
(o) the registration or licensing of mortuaries;
(p) the use of a public funeral hall or the use of services provided in or in connection with the use of a public funeral hall;
(q) the cremation of human remains in any crematorium;
(r) the disposal or interment of ashes resulting from the cremation of human remains in a crematorium;
(s) the placing in a crematorium or garden of remembrance of any monument, tablet, inscription, receptacle for flowers or other ornament;
(t) the planting in a crematorium or garden of remembrance of any tree, shrub or plant.
(2) For the avoidance of doubt it is stated that a power under this section to provide for fees and charges payable in connection with registration, licensing, permission or a permit includes a power to provide for the fees and charges payable for the grant, renewal or transfer of a licence, temporary licence, permission or permit, and the issue of a duplicate of or any endorsement of or amendment to a licence, permission or permit or the renewal of a registration.
(3) In providing for fees and charges for any purpose under subsection (1) the Authority may prescribe different fees and charges in relation to persons or cases of different classes or descriptions.
124J. Authority may determine fees and charges with approval of Financial Secretary
(1) The Authority may with the approval of the Financial Secretary determine the fees and charges payable in connection with the following---
(a) the admission of the public to a public swimming pool or the use or enjoyment of any facilities provided at a public swimming pool;
(b) the use of a stadium, part of a stadium or any facilities provided in a stadium;
(c) the admission of the public to any function in a stadium organized by the Authority;
(d) trading or advertising in a stadium;
(e) the admission of the public to a museum or part of a museum;
(f) the admission of the public to any special exhibition or function organized by the Authority in a museum;
(g) the use of any facilities provided in a museum;
(h) trading or advertising in a museum;
(i) the use of any services or facilities provided in a library;
(j) the use of a civic centre, part of a civic centre or any facilities provided in a civic centre;
(k) the admission of the public to any part of a civic centre or any function organized by the Authority in a civic centre;
(l) trading or advertising in a civic centre;
(m) the use of any public pleasure ground or any part of a public pleasure ground or any facilities provided in a public pleasure ground; or
(n) the use of any other services or facilities relating to cultural and leisure activities provided by the Authority.
(2) Different fees or charges may be determined under this section for any purpose in relation to persons or cases of different classes or descriptions.
(3) The Authority may publish in any manner the Authority considers fit any fees or charges determined under subsection (1), for information.
124K. Authority may prescribe fees and charges
(1) The Authority may by regulation provide for the fees and charges payable in connection with the licensing of any activity specified in the Eleventh Schedule.
(2) For the avoidance of doubt it is stated that a power under this section to provide for fees and charges payable in connection with licensing includes a power to provide for the fees and charges payable for the grant, renewal or transfer of a licence, temporary licence and the issue of a duplicate of or any endorsement of or amendment to a licence.
(3) The Authority may in relation to any activity referred to in subsection (1) prescribe different fees and charges in relation to persons or cases of different classes or descriptions.
124L. Financial Secretary may reduce or waive fees or charges
The Financial Secretary or any public officer under his delegated authority may generally or in a particular case reduce or waive a fee or charge prescribed under section 124I or 124K or determined under section 124J or refund, in whole or in part, any such fee or charge.".
64. Part heading substituted
The heading to Part XII is repealed and the following substituted---
"PART XIB
Licensing Appeals Board".
65. General provisions as to licences, etc.
Section 125 is amended---
(a) in subsection (1) by repealing "or public body";
(b) in subsection (1A) by repealing "Except where the licensing authority is the Urban Council or the Regional Council, subsection (1)(a) shall not" and substituting "Subject to section 124L, subsection (1)(a) does not";
(c) by repealing subsections (9) and (10) and substituting---
"(9) A person dissatisfied with a decision referred to in subsection (8) may, within 14 days after the service on him of the notice declaring the decision, appeal to the Licensing Appeals Board established under section 125A against the decision.
(10) If an appeal is made under this section, the licensing authority may, in its discretion, suspend the operation of the decision to which the appeal relates, pending the determination of the appeal.".
66. Sections added
The following are added in Part XIB---
"125A. Establishment and membership of Licensing Appeals Board
(1) There is established a board to be known as the Licensing Appeals Board.
(2) The Board is to consist of---
(a) a Chairman; and
(b) not less than 14 other members,
appointed by the Chief Executive in accordance with this section.
(3) A public officer may not be appointed to the Board under subsection (2).
(4) A person appointed as Chairman of the Board or other member under subsection (2) is to hold and vacate office in accordance with the person's terms of appointment.
(5) A member may resign as member or Chairman by giving written notice to the Chief Executive.
(6) In this section and sections 125B, 125C, 125E, 125F and 125G, "Board" (委員會) means the Licensing Appeals Board established under subsection (1).
(7) In this section and sections 125C and 125E, "Chairman" (主席) means the Chairman appointed under subsection (2)(a).
125B. Functions and powers of the Board
(1) The function of the Board is to hear and determine any appeal which lies to the Board under section 125.
(2) In determining an appeal, the Board may exercise all the powers and discretions that are conferred on the person who made the decision appealed from.
(3) In determining an appeal, the Board may affirm, vary or set aside the decision and, where it sets aside the decision, it shall substitute its own decision. The Board may also extend the time specified, if any, for complying with the requirement of any notice issued, or an order made by the licensing authority referred to in section 125.
(4) A person dissatisfied with decision of the Board may appeal to the Municipal Services Appeals Board within 14 days after receiving notice of the decision.
125C. How the Board is to be constituted to hear an appeal
(1) For the purpose of hearing an appeal, the Board is to consist of---
(a) the Chairman; and
(b) 4 other members nominated under subsection (2).
(2) The secretary to the Board appointed under section 125G shall nominate 4 members for the purposes of subsection (1)(b).
125D. Parties to an appeal
The parties to an appeal are the appellant and licensing authority from whose decision the appeal is brought.
125E. Provisions applicable to a hearing
(1) The Chairman of the Board is to preside at the hearing of an appeal.
(2) An appeal board decision shall be taken by a majority.
(3) If after the commencement of the hearing of an appeal, one or more members (other than the Chairman) are unable to continue, the remaining members, so long as their number (including the Chairman) is not less than 3 may, with the consent of the parties, continue to hear and determine the appeal, and the Board remains duly constituted.
(4) If the Board is constituted by an even number of members under subsection (3), the Chairman shall have a casting vote when there is an equality of votes.
(5) Subject to this section and rules made under section 125F the Chairman may determine the procedure at the hearing of an appeal made to the Board.
125F. Board may make rules
The Board may make rules regulating the making of appeals to the Board, specifying the documents to be lodged or served in relation to an appeal and providing for the hearing and determining of those appeals and the enforcement of its decisions.
125G. Staff
The Secretary for the Environment and Food may appoint---
(a) a secretary to the Board; and
(b) such other staff (which may include a legal adviser) as the Secretary for the Environment and Food considers necessary.".
67. Part heading added
The following is added before section 126---
"PART XII
Miscellaneous".
68. General powers of entry
Section 126 is amended---
(a) in subsection (1)---
(i) by repealing "or public body";
(ii) in paragraph (e) by repealing "or its";
(b) in subsection (2) by repealing "or public body".
69. Power to close premises used in contravention of provisions of Ordinance
Section 128 is amended---
(a) by repealing subsection (1) (other than the proviso) and substituting---
"(1) Where under this Ordinance, the use of any premises or vessel are or is required to be registered, licensed or permitted, the court on application by the public officer authorized to register, license or permit such use and on proof that---
(a) the premises or vessel are or is used without registration, licence or permit;
(b) the premises or vessel have or has been used without registration, licence or permit and there is reasonable cause to believe that they or it will be so used again; or
(c) the premises or vessel are or is used in contravention of a suspension of the registration, licence or permit or any provision of this Ordinance,
shall, subject to subsection (5), make an order in Form F in the Seventh Schedule ("Prohibition Order") prohibiting the use of the premises or vessel or a specified part of the premises or vessel ("specified part"), for all purposes or, for a purpose specified in the order, with effect from the 8th day after copies of the order have been served under subsection (6):";
(b) in subsections (2), (4), (8) and (9) by repealing "or public body" wherever it appears;
(c) in subsection (11)---
(i) by repealing "or public body";
(ii) in paragraph (b) by repealing "or it";
(iii) in paragraph (c) by repealing "or its";
(d) in subsections (12), (13) and (14) by repealing "or public body" wherever it appears.
70. Authority may render services, etc., on request
Section 129 is amended---
(a) by repealing "or public body who or which" and substituting "who";
(b) by repealing "or public body may in his or its" and substituting "may in his".
71. Recovery of cost of works done or services rendered by public officers
Section 130 is amended---
(a) in subsection (1)---
(i) by repealing "or public body";
(ii) by repealing "or body";
(iii) by repealing everything after "between such persons" and substituting a full stop;
(b) in subsection (2) by repealing "or public body";
(c) in subsection (4) by repealing "or public body, and, where the public body is the Urban Council, the Director of Urban Services, and, where the public body is the Regional Council, the Director of Regional Services, may in his or its" and substituting "may in his";
(d) in subsection (6)---
(i) by repealing "or public body";
(ii) by repealing "or body";
(e) by repealing subsections (6A) and (6B);
(f) in subsections (7), (9) and (10) by repealing "or public body".
72. Name in which certain proceedings may be brought
Section 131(1) is amended by repealing everything after "Schedule" where it first appears and substituting---
"may be brought in the name of the public officer specified opposite to them in the second column of that Schedule.".
73. Institution and conduct of certain proceedings
Section 132 is amended by repealing "or public body" wherever it appears.
74. Disposal of property coming into possession of certain public officers
Section 133 is amended---
(a) by repealing "or public body who or which" and substituting "who";
(b) by repealing "or public body" where it secondly appears.
75. Authentication and production in evidence of documents
Section 135 is amended by repealing "or public body" wherever it appears.
76. Proceedings against several persons
Section 141(2) is amended by repealing "or public body who or which" and substituting "who".
77. Delegation of powers
Section 142 is amended---
(a) by repealing "or public body";
(b) by repealing "or it";
(c) by repealing everything after "class of public officers" and substituting a full stop.
78. Use of premises by the Government
Section 144 is repealed.
79. Fees
Section 145 is repealed.
80. Saving of certain regulations
Section 149 is repealed.
81. Penalty for contravention of certain by-laws
Section 151 is repealed.
82. Consequential and other amendments
Section 152 is repealed.
83. Transitional provisions concerning agreements
Section 153 is repealed.
84. Schedule substituted
The Third Schedule is repealed and the following substituted---
"THIRD SCHEDULE [s. 3]
Designated Authorities
Section Designated Authorities
04 Director of Drainage Services
05 Director of Drainage Services
06 Director of Drainage Services
07 Director of Drainage Services
09 Director of Drainage Services
10 Director of Drainage Services
13 Director of Food and Environmental Hygiene
14 Director of Food and Environmental Hygiene
15 Secretary for the Environment and Food
20 Director of Food and Environmental Hygiene
22 Director of Food and Environmental Hygiene
22A Director of Food and Environmental Hygiene
23 Director of Food and Environmental Hygiene
23A Director of Food and Environmental Hygiene
24 Director of Food and Environmental Hygiene
26 Secretary for the Environment and Food
27 Director of Food and Environmental Hygiene
28 Secretary for the Environment and Food
29 Secretary for the Environment and Food
30 Director of Food and Environmental Hygiene
32 Director of Food and Environmental Hygiene
33 Director of Food and Environmental Hygiene
34 Director of Food and Environmental Hygiene
35 Secretary for the Environment and Food
36 Director of Food and Environmental Hygiene
37 Director of Food and Environmental Hygiene
38 Director of Food and Environmental Hygiene
42 Secretary for Home Affairs in respect of public swimming pools and the Secretary for the Environment and Food in respect of other swimming pools
42A Director of Leisure and Cultural Services
42B Director of Leisure and Cultural Services
43 Director of Leisure and Cultural Services
44 Director of Leisure and Cultural Services
46 Director of Food and Environmental Hygiene
47 Director of Food and Environmental Hygiene
48 Director of Food and Environmental Hygiene
49 Secretary for the Environment and Food
51A Director of Food and Environmental Hygiene
56 Director of Food and Environmental Hygiene, but in respect of drugs, Director of Health
56A Director of Health
58 Director of Food and Environmental Hygiene, but in respect of drugs, Director of Health
59 Director of Food and Environmental Hygiene, but in respect of drugs, Director of Health
62 Director of Food and Environmental Hygiene, but in respect of drugs, Director of Health
69 Director of Food and Environmental Hygiene, but in respect of drugs, Director of Health
70 Director of Food and Environmental Hygiene, but in respect of drugs, Director of Health
75 Director of Food and Environmental Hygiene, but in respect of drugs, Director of Health
76A Director of Food and Environmental Hygiene
76B Director of Food and Environmental Hygiene
77 Secretary for the Environment and Food
78 Director of Food and Environmental Hygiene
79(1), (3) and (5) Director of Food and Environmental Hygiene
79A Director of Food and Environmental Hygiene
80 Secretary for the Environment and Food
81 Director of Food and Environmental Hygiene
82 Director of Food and Environmental Hygiene
83A Secretary for the Environment and Food, but the Director of Food and Environmental Hygiene for section 83A(1)(g) and (i)
83B Secretary for the Environment and Food
84 Director of Food and Environmental Hygiene
86 Director of Food and Environmental Hygiene
86B Director of Food and Environmental Hygiene
92A Director of Leisure and Cultural Services
92AA Secretary for Home Affairs
92AB Director of Food and Environmental Hygiene
92B Secretary for Home Affairs in respect of any activity specified in the Eleventh Schedule and the Secretary for the Environment and Food in respect of any activity specified in Schedule 11A
93 Director of Food and Environmental Hygiene
94 Director of Food and Environmental Hygiene
94A Secretary for the Environment and Food
100 Director of Food and Environmental Hygiene
101 Director of Food and Environmental Hygiene
104 Secretary for the Environment and Food
105 Director of Buildings
105A Director of Leisure and Cultural Services
105B Director of Leisure and Cultural Services
105C Director of Leisure and Cultural Services
105D Secretary for Home Affairs
105G Director of Leisure and Cultural Services
105H Director of Leisure and Cultural Services
105I Secretary for Home Affairs
105K Director of Leisure and Cultural Services
105L Secretary for Home Affairs
105M Director of Leisure and Cultural Services
105N Director of Leisure and Cultural Services
105O Secretary for Home Affairs
105P Director of Leisure and Cultural Services
105Q Director of Leisure and Cultural Services
106(1) and (6) Director of Leisure and Cultural Services
106(3) and (4) Director of Lands
107 Director of Leisure and Cultural Services
108 Director of Leisure and Cultural Services
109 Secretary for Home Affairs
110 Director of Leisure and Cultural Services
111 Director of Leisure and Cultural Services
111B Director of Lands
111C Director of Lands
112 Director of Food and Environmental Hygiene
112A Director of Food and Environmental Hygiene
114 Director of Lands in respect of cemeteries specified in Parts I, II and IVA of the Fifth Schedule
115 Director of Food and Environmental Hygiene in respect of cemeteries specified in Part I of the Fifth Schedule
116 Secretary for the Environment and Food in respect of cemeteries specified in Parts I and II of the Fifth Schedule
117 Director of Food and Environmental Hygiene
118(1), (4) and (5) Director of Food and Environmental Hygiene
118(2) Director of Food and Environmental Hygiene in respect of cemeteries specified in Parts I, II and IVA of the Fifth Schedule
119A Director of Food and Environmental Hygiene in respect of cemeteries specified in Part I of the Fifth Schedule
121 Director of Food and Environmental Hygiene
123 Secretary for the Environment and Food
123A Director of Food and Environmental Hygiene
123B Director of Food and Environmental Hygiene
123C Secretary for the Environment and Food
124 Director of Food and Environmental Hygiene
124A Director of Food and Environmental Hygiene
124B Director of Food and Environmental Hygiene
124C Director of Food and Environmental Hygiene
124D Director of Food and Environmental Hygiene
124E Secretary for the Environment and Food
124I Secretary for the Environment and Food
124J(1) Director of Leisure and Cultural Services
124J(3) Director of Leisure and Cultural Services
124K Secretary for Home Affairs
127 Director of Food and Environmental Hygiene".
85. Public pleasure grounds
The Fourth Schedule is amended---
(a) by repealing "Urban Council Area" where it twice appears;
(b) by repealing "Regional Council Area" where it twice appears;
(c) by repealing "Regional Council Area (Contd.)" wherever it appears.
86. Cemeteries, crematoria and gardens of remembrance
The Fifth Schedule is amended---
(a) in Part I, by adding---
"Cheung Chau Cemetery Cheung Chau, New Territories
Lai Chi Yuen Cemetery Lantau, New Territories
Sandy Ridge Cemetery Lo Wu, New Territories
Sandy Ridge Urn Cemetery Lo Wu, New Territories
Tai O Cemetery Lantau, New Territories
Wo Hop Shek Cemetery Fanling, New Territories";
(b) in Part II, by adding---
"Castle Peak Christian Cemetery Tuen Mun, New Territories
Cheung Chau Christian Cemetery Cheung Chau, New Territories
Cheung Chau Catholic Cemetery Cheung Chau, New Territories
Chuen Yuen Church Cemetery Chuen Lung, Tsuen Wan, New Territories
Gurkha Cemetery Cassino Lines, New Territories
Junk Bay Chinese Permanent Junk Bay, New Territories
Cemetery
Sai Kung Catholic Cemetery Sai Kung, New Territories
Sung Him Tong Sung Chan Wui New Territories
Kei Tuk Kau Fan Cheung
Tao Fong Shan Christian Cemetery New Territories
Tsuen Wan Chinese Permanent Tsuen Wan, New Territories";
Cemetery
(c) by repealing Parts III and IV;
(d) by repealing Parts V, VI and VII and substituting---
"Part V
Government crematoria
Cape Collinson
Cheung Chau
Diamond Hill
Fu Shan
Kwai Chung
Wo Hop Shek
Part VI
Private crematoria
Chuk Lam Sim Yuen, Tsuen Wan
Kwun Yam Temple, Keung Shan, Tai O, Lantau
Ling Yan Monastery, Keung Shan, Lantau
Po Lam Monastery, Lantau
Po Lin Monastery, Ngong Ping, Lantau
Sai Chuk Lam Temple, Tsuen Wan
Part VII
Gardens of remembrance
Cape Collinson
Cheung Chau
Diamond Hill
Fu Shan
Kwai Chung
Lamma
Peng Chau
Wo Hop Shek".
87. Schedule substituted
The Sixth Schedule is repealed and the following substituted---
"SIXTH SCHEDULE [s. 131]
Names in which Proceedings for Offences may be Brought
under Section 131(1)
Section Name in which proceedings for offences may be brought
06 Director of Drainage Services
07 Director of Drainage Services
09 Director of Drainage Services
10 Director of Drainage Services
13 Director of Food and Environmental Hygiene
14 Director of Food and Environmental Hygiene
20 Director of Food and Environmental Hygiene
22 Director of Food and Environmental Hygiene
22A Director of Food and Environmental Hygiene
24 Director of Food and Environmental Hygiene
25 Director of Food and Environmental Hygiene
27 Director of Food and Environmental Hygiene or Director of Health
30 Director of Food and Environmental Hygiene
31 Director of Food and Environmental Hygiene
32 Director of Food and Environmental Hygiene
33 Director of Food and Environmental Hygiene
34 Director of Food and Environmental Hygiene
36 Director of Food and Environmental Hygiene
43 Director of Leisure and Cultural Services
47 Director of Food and Environmental Hygiene
50 Director of Food and Environmental Hygiene where the offence committed is in respect of food.
Director of Health where the offence committed is in respect of drugs.
51 Director of Food and Environmental Hygiene
51A Director of Food and Environmental Hygiene
52 Director of Food and Environmental Hygiene where the offence committed is in respect of food.
Director of Health where the offence committed is in respect of drugs.
54 Director of Food and Environmental Hygiene where the offence committed is in respect of food.
Director of Health where the offence committed is in respect of drugs.
59 Director of Food and Environmental Hygiene where the offence committed is in respect of food.
Director of Health where the offence committed is in respect of drugs.
61 Director of Food and Environmental Hygiene where the offence committed is in respect of food.
Director of Health where the offence committed is in respect of drugs.
62 Director of Food and Environmental Hygiene where the demand or requisition relates to food.
Director of Health where the demand or requisition relates to drugs.
63 Director of Food and Environmental Hygiene where the certificate relates to food.
Director of Health where the certificate relates to drugs.
68 Director of Food and Environmental Hygiene or Director of Health
69 Director of Food and Environmental Hygiene where the direction is given by him or a public officer authorized by him and the notification is given in relation to food.
Director of Health where the direction is given by him or a public officer authorized by him and the notification is given in relation to drugs.
72 Director of Food and Environmental Hygiene where the offence committed is in respect of food.
Director of Health where the offence committed is in respect of drugs.
81 Director of Food and Environmental Hygiene
83B Director of Food and Environmental Hygiene
92AB Director of Food and Environmental Hygiene
92C Director of Food and Environmental Hygiene
93 Director of Food and Environmental Hygiene
94 Director of Food and Environmental Hygiene
101 Director of Food and Environmental Hygiene
105 Director of Buildings
110 Director of Leisure and Cultural Services
111D Director of Lands
112 Director of Food and Environmental Hygiene
112A Director of Food and Environmental Hygiene
115 Director of Food and Environmental Hygiene
117 Director of Food and Environmental Hygiene
118 Director of Food and Environmental Hygiene
124 Director of Food and Environmental Hygiene
124F Director of Food and Environmental Hygiene
127 Director of Food and Environmental Hygiene
128 Director of Food and Environmental Hygiene".
88. Forms
The Seventh Schedule is amended---
(a) in Form F by repealing "or public body";
(b) in Form G by repealing "or public body" where it twice appears.
89. Regulations continued in operation
The Eighth Schedule is repealed.
90. Schedule amended
The Tenth Schedule is amended---
(a) by repealing "PART I", "Urban Council Area" and "Public Markets in Hong Kong" and substituting the heading "Public Markets";
(b) by repealing the heading "Public Markets in Kowloon and New Kowloon";
(c) by repealing "PART II", "Regional Council Area" and "Public Market in the Regional Council Area".
91. Licensed activities
The Eleventh Schedule is amended---
(a) by repealing "[s. 92A]" and substituting "[ss. 92A & 124K]";
(b) by repealing "Undertaker of burials".
92. Schedule added
The following is added---
"SCHEDULE 11A [ss. 92AB, 92B
& 124I]
Licensed Activity
Undertakers of burials".
93. Public swimming pools
The Fourteenth Schedule is amended by repealing "Urban Council Area" and "Regional Council Area".
94. Substitution of titles of subsidiary legislation
The Fifteenth Schedule is repealed.
Abattoirs Regulation
95. Citation
Section 1 of the Abattoirs Regulation (Cap. 132 sub. leg.) is repealed.
96. Application
Section 1A is repealed.
97. Interpretation
Section 2 is amended---
(a) by repealing "these bylaws" and substituting "this Regulation";
(b) in the definition of "authorized officer" in paragraph (b) by repealing "bylaw" and substituting "section";
(c) by repealing the definition of "Council";
(d) by repealing the definition of "Director" and substituting---
" "Director" (署長) means the Director of Food and Environmental Hygiene;";
(e) in the definition of "entry permit" by repealing "bylaw" and substituting "section";
(f) in the definition of "licensed slaughterhouse" by repealing "bylaw 9 of the Slaughterhouses (Urban Council) Bylaws" and substituting "section 9 of the Slaughterhouses Regulation".
98. Restriction on slaughtering of food animals
Section 2A is amended---
(a) in subsection (1)---
(i) by repealing "paragraph" and substituting "subsection";
(ii) in paragraphs (b) and (c) by repealing "these bylaws" and substituting "this Regulation";
(b) in subsection (2)---
(i) by repealing "Council" and substituting "Director";
(ii) by repealing "it" and substituting "he";
(c) in subsection (3) by repealing "paragraph" and substituting "subsection".
99. Appointment of authorized officers
Section 3 is amended by repealing "these bylaws" where it twice appears and substituting "this Regulation".
100. Fees
Section 4 is amended---
(a) in subsection (1) by repealing everything from "appropriate" to "Ordinance" and substituting "prescribed fee";
(b) in subsection (2) by repealing everything from "if" to "of" and substituting "if a fee is prescribed for that purpose under section 124I of";
(c) in subsection (3) by repealing everything from "determined" to "of" and substituting "prescribed under section 124I of".
101. Power of manager to prohibit entry to parts of abattoir
Section 6 is amended---
(a) in subsection (1) by repealing "bylaw" where it twice appears and substituting "section";
(b) in subsections (2) and (3) by repealing "paragraph" and substituting "subsection".
102. Food animals which may be brought into abattoir
Section 7(2) is amended by repealing "paragraph" and substituting "subsection".
103. Restriction on admission of food animals to abattoir
Section 8(2) is amended by repealing "paragraph" and substituting "subsection".
104. Restriction on admission of animal carcass
Section 8A is amended---
(a) in subsection (1) by repealing "paragraph" and substituting "subsection";
(b) in subsection (2) by repealing "bylaw" and substituting "section";
(c) in subsection (3) by repealing "paragraph" and substituting "subsection".
105. Food animals not to be removed alive from abattoir without consent of manager
Section 9 is amended---
(a) in subsection (1) by repealing "these bylaws" and substituting "this Regulation";
(b) in subsection (2) by repealing "paragraph" and substituting "subsection".
106. Admission form to be completed
Section 11(2) is amended by repealing "paragraph" and substituting "subsection".
107. Power of authorized officer to affix tags or marks to food animals
Section 12(2) is amended by repealing "paragraph" and substituting "subsection".
108. Removal of food animal to another abattoir
Section 12A(2) is amended by repealing "paragraph" and substituting "subsection".
109. Power of authorized officer to give directions as to handling of food animals
Section 13(2) is amended by repealing "paragraph" and substituting "subsection".
110. Food animals to be delivered to waiting lairage within 5 days of admission
Section 14 is amended---
(a) in subsection (1)---
(i) in paragraph (a)---
(A) by repealing "these bylaws" and substituting "this Regulation";
(B) by repealing "bylaw" and substituting "section";
(ii) in paragraph (b) by repealing "subparagraph" and substituting "paragraph";
(b) in subsections (2) and (3) by repealing "paragraph" and substituting "subsection".
111. Notice to be given to owner of food animal slaughtered under section 14 or 15
Section 16 is amended by repealing "bylaw" and substituting "section".
112. Owners register
Section 17(2)(a) is amended by repealing "these bylaws" and substituting "this Regulation".
113. Registration
Section 18 is amended---
(a) in subsection (2)---
(i) in paragraph (a) by repealing "Food Business (Urban Council) By-laws" and substituting "Food Business Regulation";
(ii) in paragraph (c) by repealing "by-law 6 of the Public Market (Urban Council) By-laws" and substituting "section 6 of the Public Markets Regulation";
(b) in subsection (3) by repealing "paragraph" and substituting "subsection";
(c) in subsection (4) by repealing "Council" and substituting "Director".
114. Admission of food animals to waiting lairage
Section 20(2) is amended by repealing "paragraph" and substituting "subsection".
115. Power of manager to detain and dispose of unidentified food animals, dressed carcasses or carcasses
Section 21(2) is amended by repealing "paragraph" and substituting "subsection".
116. Manager to post daily statement of food animals held in waiting lairage
Section 22(2) is amended---
(a) by repealing "Council" and substituting "Director";
(b) by repealing "paragraph" and substituting "subsection".
117. Unauthorized persons not permitted to slaughter food animals in abattoir
Section 24(2) is amended by repealing "paragraph" and substituting "subsection".
118. Owner responsible for collection of certain parts of slaughtered food animal
Section 25(2) and (3) is amended by repealing "paragraph" wherever it appears and substituting "subsection".
119. Power of Director to dispose of certain parts of slaughtered food animals
Section 26 is amended---
(a) by repealing "Council" and substituting "Director";
(b) by repealing "it" and substituting "he".
120. Method of killing
Section 26A(1) is amended by repealing "paragraph" and substituting "subsection".
121. Health inspector or authorized person to examine carcasses, dressed carcasses and offals
Section 27 is amended---
(a) in subsection (1) by repealing "bylaw" and substituting "section";
(b) in subsection (2) by repealing "paragraph" and substituting "subsection".
122. Marking of dressed carcasses fit for human consumption
Section 28 is amended by repealing "bylaw" and substituting "section".
123. Marking of specified parts of offal fit for human consumption
Section 29 is amended by repealing "bylaw" and substituting "section".
124. Unexamined or unmarked carcasses, dressed carcasses or offals not to be removed without consent of manager
Section 30 is amended---
(a) in subsection (1)(b)---
(i) by repealing "paragraph" and substituting "subsection";
(ii) by repealing "bylaw" where it twice appears and substituting "section";
(b) in subsection (2) by repealing "bylaw" where it twice appears and substituting "section";
(c) in subsections (3) and (4) by repealing "paragraph" and substituting "subsection".
125. Collection by private transport
Section 33(2) and (3)(a) is amended by repealing "paragraph" and substituting "subsection".
126. Power to dispose of dressed carcass if not collected
Section 33A is amended---
(a) in subsection (1) by repealing "bylaw" and substituting "section";
(b) in subsection (2) by repealing "paragraph" and substituting "subsection".
127. Persons not to enter abattoir without authority
Section 34(4) and (7) is amended by repealing "paragraph" and substituting "subsection".
128. Manager may declare restricted areas
Section 35(3) and (4) is amended by repealing "paragraph" and substituting "subsection".
129. Power of authorized officer to order persons in abattoir without good cause to leave
Section 36(2) is amended by repealing "paragraph" and substituting "subsection".
130. Powers to control traffic in abattoir
Section 37(3)(a) and (b) is amended by repealing "paragraph" and substituting "subsection".
131. Power of manager to prohibit smoking, naked lights and flames
Section 38(2) and (3) is amended by repealing "paragraph" and substituting "subsection".
132. Goods and personal effects not to be kept in unapproved places
Section 39(2), (3) and (4)(a) and (b) is amended by repealing "paragraph" and substituting "subsection".
133. Power of authorized officer to give directions as to use of water, steam, electricity and ventilating equipment
Section 40(2) is amended by repealing "paragraph" and substituting "subsection".
134. Offence to give false information
Section 43 is amended by repealing "these bylaws" and substituting "this Regulation".
135. Offence to use or imitate marks in Schedule 6
Section 44 is amended---
(a) in subsection (1) by repealing "bylaws" and substituting "sections";
(b) in subsection (2) by repealing "paragraph" and substituting "subsection".
136. General penalty
Section 45 is amended by repealing "these bylaws" and substituting "this Regulation".
137. Saving
Section 46 is amended by repealing "these bylaws" and substituting "this Regulation".
138. Name in which proceedings for offences may be brought
Section 47 is amended---
(a) by repealing "these bylaws" and substituting "this Regulation";
(b) by repealing "Council" and substituting "Director".
139. Specified abattoirs
Schedule 1 is amended by repealing "[bylaw 2]" and substituting "[s. 2]".
140. Schedule amended
Schedule 3 is amended---
(a) in Form 1---
(i) by repealing "[bylaw 11(1)]" and substituting "[s. 11(1)]";
(ii) by repealing "Abattoirs (Urban Council) Bylaws" and substituting "Abattoirs Regulation";
(iii) by repealing "to bylaw" and substituting "to section";
(b) in Form 2---
(i) by repealing "[bylaw 17(1)]" and substituting "[s. 17(1)]";
(ii) by repealing "Abattoirs (Urban Council) Bylaws" and substituting "Abattoirs Regulation";
(iii) by repealing "under bylaw" and substituting "under section".
141. Parts of slaughtered food animal to be collected from abattoir by owner
Schedule 4 is amended by repealing "[bylaw 25]" and substituting "[s. 25]".
142. Ductless glands
Schedule 5 is amended by repealing "[bylaw 26(b)]" and substituting "[s. 26(b)]".
143. Marks to be applied to dressed carcasses and specified parts of offals
Schedule 6 is amended by repealing "[bylaws 28, 29 & 44]" and substituting "[ss. 28, 29 & 44]".
144. Pass
Schedule 7 is amended by repealing "[bylaw 35]" and substituting "[s. 35]".
Advertisements Regulation
145. Section amended
Section 1(1) of the Advertisements Regulation (Cap. 132 sub. leg.) is amended by adding "or any other public officer authorized by the Director" after "Director of Lands".
146. Section amended
Section 3(2) is amended by repealing "by-law" and substituting "section".
147. Section amended
Section 4 is amended by repealing "these by-laws" and substituting "this Regulation".
148. Section amended
Section 5(2) is amended by repealing "by-law" and substituting "section".
149. Sections repealed
Sections 8, 9, 10 and 11 are repealed.
150. Section amended
Section 13 is amended by repealing "these by-laws" and substituting "this Regulation".
151. Section amended
Section 14 is amended---
(a) in subsection (1)---
(i) by repealing "by-law" and substituting "section";
(ii) by repealing ", 8, 9, 10, 11";
(b) in subsection (2)---
(i) by repealing "by-laws" and substituting "sections";
(ii) by repealing "paragraph" and substituting "subsection".
152. Section repealed
Section 15 is repealed.
Bathing Beaches Regulation
153. Citation
Section 1 of the Bathing Beaches Regulation (Cap. 132 sub. leg.) is repealed.
154. Section substituted
Section 2 is repealed and the following substituted---
"2. Application
This Regulation applies to any bathing beach specified in the Fourth Schedule to the Ordinance.".
155. Section substituted
Section 3 is repealed and the following substituted---
"3. Interpretation
In this Regulation, unless the context otherwise requires---
"Director" (署長) means the Director of Leisure and Cultural Services.".
156. Temporary closure of beaches
Section 4(1) is amended by repealing everything from "Subject" to "time" where it secondly appears and substituting "The Director may".
157. Protection of beaches
Section 5(c) is repealed and the following substituted---
"(c) light a fire other than in an area set aside for the purpose by the Director.".
158. Erection of beach structures
Section 6 is amended---
(a) by repealing "Council" where it first appears and substituting "Director";
(b) by repealing "the Council thinks fit" and substituting "determined under section 124J of the Ordinance";
(c) in the proviso by repealing "Council" and substituting "Director".
159. Provision of public facilities at beaches
Section 7 is amended---
(a) in subsection (1) by repealing "the Council or";
(b) by repealing subsection (2).
160. Bill posting and notices
Section 8 is amended by repealing "Council or the Director of Urban Services" and substituting "Director".
161. Animals and vehicles
Section 9 is amended---
(a) in subsection (1) by repealing "Council or the Director of Urban Services" and substituting "Director";
(b) in subsection (2) by repealing "paragraph" and substituting "subsection".
162. Reservation of areas for swimmers
Section 10 is amended---
(a) in subsection (1) by repealing "Council" and substituting "Director";
(b) in subsection (2)---
(i) by repealing "paragraph" and substituting "subsection";
(ii) by repealing "Council" where it twice appears and substituting "Director".
163. Protection of areas set aside for swimmers
Section 11 is amended---
(a) in subsection (1)---
(i) by repealing "Council or the Director of Urban Services" and substituting "Director";
(ii) by repealing "by-law" and substituting "section";
(b) in subsection (2) by repealing "paragraph" and substituting "subsection";
(c) in subsection (3)---
(i) by repealing "Council or the Director of Urban Services" and substituting "Director";
(ii) by repealing "by-law" and substituting "section".
164. Music and singing
Section 12 is amended by repealing "Council" and substituting "Director".
165. Public meetings and assemblies
Section 13 is amended by repealing "Council" and substituting "Director".
166. General conduct
Section 15(e) is amended by repealing "Council" and substituting "Director".
167. Offences and penalties
Section 16 is amended by repealing "by-law" where it twice appears and substituting "section".
168. Name in which proceedings for offences may be brought
Section 17 is amended---
(a) by repealing "these by-laws" and substituting "this Regulation";
(b) by repealing "Council" and substituting "Director".
Civic Centres Regulation
169. Citation
Section 1 of the Civic Centres Regulation (Cap. 132 sub. leg.) is repealed.
170. Application
Section 2 is repealed.
171. Section substituted
Section 3 is repealed and the following substituted---
"3. Interpretation
In this Regulation, unless the context otherwise requires---
"Director" (署長) means the Director of Leisure and Cultural Services;
"manager" (經理) means a person appointed by the Director to manage or assist in the management of a civic centre;
"member of the staff" (職員) means a person appointed by the Director to assist a manager.".
172. Management
Section 4 is amended by repealing "Council" and substituting "Director".
173. Erection of structures and trading
Section 10 is amended---
(a) in subsections (1) and (2) by repealing "Council" and substituting "Director";
(b) in subsection (3)---
(i) by repealing "paragraph" and substituting "subsection";
(ii) by repealing "Council" and substituting "Government".
174. Power to direct persons in certain cases to leave a civic centre
Section 11 is amended---
(a) in subsection (1)(a) by repealing "these by-laws" and substituting "this Regulation";
(b) in subsection (2) by repealing "paragraph" and substituting "subsection".
175. Appeal to the Director
Section 11A is amended---
(a) in subsection (1)---
(i) by repealing "these by-laws" and substituting "this Regulation";
(ii) by repealing "Council" and substituting "Director";
(b) in subsection (2)---
(i) by repealing "it" and substituting "he";
(ii) by repealing "paragraph" and substituting "subsection";
(iii) by repealing "Council" and substituting "Director".
176. Closure of civic centres
Section 14 is amended by repealing "Council" and substituting "Director".
177. Offences and penalties
Section 15 is amended by repealing "by-law" wherever it appears and substituting "section".
178. Name in which proceedings for offences may be brought
Section 16 is amended---
(a) by repealing "these by-laws" and substituting "this Regulation";
(b) by repealing "Council" and substituting "Director".
Colouring Matter in Food Regulations
179. Name in which proceedings may be brought
Regulation 7 of the Colouring Matter in Food Regulations (Cap. 132 sub. leg.) is amended by repealing everything after "regulations" and substituting "may be brought in the name of the Director of Food and Environmental Hygiene.".
Commercial Bathhouses Regulation
180. Citation
Section 1 of the Commercial Bathhouses Regulation (Cap. 132 sub. leg.) is repealed.
181. Application
Section 2 is repealed.
182. Interpretation
Section 3 is amended---
(a) in subsection (1)---
(i) by repealing "these by-laws" where it first appears and substituting "this Regulation";
(ii) in the definition of "bathhouse" by repealing "Council" and substituting "Director";
(iii) in the definition of "communicable disease"---
(A) by repealing "Council" and substituting "Director";
(B) by repealing "these by-laws" and substituting "this Regulation";
(iv) by repealing the definition of "Council";
(v) by adding---
""Director" (署長) means the Director of Food and Environmental Hygiene.";
(b) in subsection (2)---
(i) by repealing "Council" and substituting "Director";
(ii) by repealing "these by-laws" and substituting "this Regulation".
183. Prohibition of unlicensed bathhouses
Section 4 is amended by repealing "Council" and substituting "Director".
184. Application for licence
Section 5 is amended---
(a) in subsection (1) by repealing "Secretary of the Council" and substituting "Director";
(b) in subsection (2)---
(i) by repealing "Council" where it first and last appears and substituting "Director";
(ii) by repealing "Secretary of the Council" and substituting "Director".
185. Conditions for grant of licence
Section 6 is amended---
(a) by repealing "Council" wherever it appears and substituting "Director";
(b) in paragraph (a) by repealing "by-law" and substituting "section".
186. Restriction on alteration of licensed premises after grant of licence
Section 7 is amended---
(a) by repealing "Council" and substituting "Director";
(b) by repealing "by-law" where it twice appears and substituting "section".
187. Restriction on spitting
Section 9(3) is amended by repealing "Council" and substituting "Director".
188. Privacy in bathrooms, etc.
Section 13 is amended in the proviso by repealing "the provisions of this by-law" and substituting "this section".
189. Persons suffering from communicable diseases
Section 15(1), (3), (4), (5) and (6) is amended by repealing "paragraph" and substituting "subsection".
190. Power of Director to close bathhouses
Section 16 is amended---
(a) in subsection (1) by repealing "Council" where it twice appears and substituting "Director";
(b) in subsections (2) and (3) by repealing "paragraph" and substituting "subsection".
191. Fees
Section 17 is amended---
(a) in subsection (1) by repealing "these by-laws" and substituting "this Regulation";
(b) in subsection (2) by repealing "shall be the fee as determined by the Council under section 35A(1) of the Ordinance" and substituting "is the prescribed fee";
(c) in subsection (3)---
(i) by repealing "Council" where it first and secondly appears and substituting "Director";
(ii) by repealing "fee as determined by the Council under section 35A(1) of the Ordinance" and substituting "prescribed fee".
192. Offences and penalties
Section 19 is amended---
(a) in subsection (1)---
(i) by repealing "by-law" wherever it appears and substituting "section";
(ii) in paragraph (b)(i) by repealing "paragraph" and substituting "subsection";
(b) in subsection (2) by repealing "by-law" and substituting "section";
(c) in subsection (3) by repealing "these by-laws" and substituting "this Regulation".
193. Name in which proceedings for offences may be brought
Section 20 is amended---
(a) by repealing "these by-laws" and substituting "this Regulation";
(b) by repealing "Council" and substituting "Director".
194. Section added
The following is added---
"21. Transitional
This Regulation does not apply to commercial bathhouses existing immediately before
1 January 2000 in the area known immediately before that date as the Regional Council area, until 1 January 2002.".
Cremation and Gardens of Remembrance Regulation
195. Citation
Section 1 of the Cremation and Gardens of Remembrance Regulation (Cap. 132 sub. leg.) is repealed.
196. Application
Section 2 is repealed.
197. Interpretation
Section 3 is amended---
(a) by repealing "these by-laws" and substituting "this Regulation";
(b) by repealing the definition of "Council";
(c) in the definition of "cremation permit" by repealing "by-law" and substituting "section";
(d) by adding---
""private crematorium" (私營火葬場) means a crematorium specified in Part VI of the Fifth Schedule to the Ordinance.".
198. Application for cremation permit
Section 4 is amended---
(a) in subsection (1) by repealing "by-law" and substituting "section";
(b) in subsection (2) by repealing "paragraph" and substituting "subsection".
199. Grant of cremation permit
Section 5 is amended---
(a) in subsection (1) by repealing "by-law" and substituting "section";
(b) in subsection (2) by repealing "paragraph" and substituting "subsection".
200. Cancellation of cremation permit
Section 6(4) is amended by repealing "paragraph" and substituting "subsection".
201. The burning of human remains prohibited except by permit or order
Section 7 is amended---
(a) in subsection (1)(a) by repealing "by-law" and substituting "section";
(b) in subsection (2) by repealing "Council" and substituting "Director of Food and Environmental Hygiene".
202. Hours of opening
Section 8 is amended---
(a) by repealing "these by-laws" and substituting "this Regulation";
(b) by repealing "Council" and substituting "Director of Food and Environmental Hygiene".
203. Restriction on cremation of human remains
Section 9 is amended---
(a) in subsection (1)---
(i) by repealing "paragraph" and substituting "subsection";
(ii) in paragraph (i) by repealing "Council" and substituting "Director of Food and Environmental Hygiene";
(iii) in paragraph (ii) by repealing "appropriate fee as determined by the Council under section 124EA(1) of the Ordinance" and substituting "prescribed fee";
(b) in subsection (2) by repealing "paragraph" and substituting "subsection".
204. Restriction on removal of uncremated human remains
Section 10(c) is amended by repealing "Council" and substituting "Director of Food and Environmental Hygiene".
205. Restriction on coffins
Section 11(1)(a) and (c) is amended by repealing "Council" and substituting "Director of Food and Environmental Hygiene".
206. Provision of bearers
Section 12(2) is amended by repealing "paragraph" and substituting "subsection".
207. Disposal of ashes after cremation
Section 13 is amended---
(a) in subsection (1) by repealing "Council" and substituting "Director of Food and Environmental Hygiene";
(b) in subsection (2) by repealing "paragraph" where it twice appears and substituting "subsection";
(c) in subsection (3)---
(i) by repealing "paragraphs" and substituting "subsections";
(ii) by repealing "fee as determined by the Council under section 124EA(1) of the Ordinance" and substituting "prescribed fee";
(iii) by repealing "Council" where it secondly appears and substituting "Director of Food and Environmental Hygiene";
(d) in subsection (4)---
(i) by repealing "paragraphs" and substituting "subsections";
(ii) by repealing "Council" where it first appears and substituting "Director of Food and Environmental Hygiene";
(iii) by repealing "fee as determined by the Council under section 124EA(1) of the Ordinance" and substituting "prescribed fee";
(iv) by repealing "the Council" where it thirdly and last appears and substituting "that Director";
(e) in subsection (5)---
(i) by repealing "paragraphs" and substituting "subsections";
(ii) by repealing "Council and payment of the fee as determined by the Council under section 124EA(1) of the Ordinance" and substituting "Director of Food and Environmental Hygiene and payment of the prescribed fee";
(iii) by repealing "the Council" where it thirdly, fourthly and last appears and substituting "that Director".
208. Control of memorials, inscriptions, etc.
Section 14 is amended---
(a) in subsection (1)---
(i) in paragraph (a) by repealing "Council" and substituting "Director of Food and Environmental Hygiene";
(ii) in paragraph (b) by repealing "appropriate fee as determined by the Council under section 124EA(1) of the Ordinance" and substituting "prescribed fee";
(b) in subsection (2)---
(i) by repealing "Council" where it first appears and substituting "Director of Food and Environmental Hygiene";
(ii) by repealing "paragraph" and substituting "subsection";
(iii) by repealing "the Council" where it secondly appears and substituting "that Director";
(c) in subsection (3)---
(i) by repealing "Council" and substituting "Director of Food and Environmental Hygiene";
(ii) by repealing "by-law" and substituting "section";
(iii) by repealing "its" and substituting "his".
209. Conduct and behaviour
Section 15(a) is amended by repealing "Council" and substituting "Director of Food and Environmental Hygiene".
210. Restriction on attending cremations
Section 16(2) is amended---
(a) by repealing "Paragraph" and substituting "Subsection";
(b) by repealing "Council" and substituting "Director of Food and Environmental Hygiene".
211. Obstruction
Section 17(1) is amended---
(a) by repealing "these by-laws" and substituting "this Regulation";
(b) by repealing "Council" and substituting "Director of Food and Environmental Hygiene".
212. Part Added
The following is added---
"PART IIIA
Private Crematoria
17A. Management of private crematoria
The person entitled to the possession of any private crematorium shall nominate a natural person to be the manager of it and register with the Director of Food and Environmental Hygiene the name and address of the manager.
17B. Register of cremations
(1) The manager of a private crematorium shall maintain a register at or near the crematorium and record in it, not later than 48 hours after any cremation is carried out in the crematorium---
(a) the serial number of the cremation;
(b) the date of the cremation permit or coroner's order;
(c) the date on which the cremation is carried out;
(d) the name, sex and approximate age of the deceased person whose remains were cremated;
(e) disposal of the ashes;
(f) the name, address and signature of the person in charge of the cremation.
(2) A register referred to in subsection (1) shall be open to the public for inspection on request made to the manager of the crematorium at a reasonable hour.
(3) Not later than the seventh day of each month the manager of a private crematorium shall send to the Director of Food and Environmental Hygiene a copy of every entry made during the preceding month in the register.
(4) A manager of a private crematorium who fails or refuses to comply with this section commits an offence.
17C. Restriction on removal of human remains received for cremation
Any person who, except on the order of---
(a) a coroner;
(b) the Commissioner of Police; or
(c) the Director of Food and Environmental Hygiene,
removes any human remains from a private crematorium after being received for cremation commits an offence.
17D. Inspection
(1) Every private crematorium shall be open to inspection at all reasonable times by the Director of Food and Environmental Hygiene or by the Director of Health or by any person duly authorized in writing for the purpose by either Director.
(2) A person who obstructs the Director of Food and Environmental Hygiene or the Director of Health or a person authorized under subsection (1) in carrying out an inspection of a private crematorium commits an offence.
17E. Closure
(1) The Director of Food and Environmental Hygiene may direct by a notice ("closure notice") given in accordance with subsections (2) and (3) that a private crematorium be closed with effect from a date specified in the notice.
(2) A closure notice must be published in the Gazette in not less than 2 consecutive publications of the Gazette, posted at the entrance to the crematorium and be sent by registered post addressed to the manager of the private crematorium.
(3) The date specified for closure of a private crematorium in a closure notice must be not earlier than one month after the notice is first published in the Gazette.
(4) If the person entitled to the possession of a private crematorium is aggrieved by the direction to close the crematorium, he may appeal to the Municipal Services Appeals Board within 21 days of the first publication of the closure notice in the Gazette.".
213. Hours of opening
Section 18 is amended by repealing "Council" and substituting "Director of Food and Environmental Hygiene".
214. Allocations and layout
Section 19 is amended by repealing "Council" and substituting "Director of Food and Environmental Hygiene".
215. Disposal of ashes
Section 20 is amended by repealing "Council" and substituting "Director of Food and Environmental Hygiene".
216. Memorials, etc.
Section 21 is amended---
(a) in subsection (1)---
(i) in paragraph (a) by repealing "Council" and substituting "Director of Food and Environmental Hygiene";
(ii) in paragraph (b) by repealing "appropriate fee as determined by the Council under section 124EA(1) of the Ordinance" and substituting "prescribed fee";
(b) in subsection (2)---
(i) by repealing "Council" where it first appears and substituting "Director of Food and Environmental Hygiene";
(ii) by repealing "paragraph" and substituting "subsection";
(iii) by repealing "the Council" where it secondly appears and substituting "that Director";
(c) in subsection (3)---
(i) by repealing "Council" and substituting "Director of Food and Environmental Hygiene";
(ii) by repealing "by-law" and substituting "section";
(iii) by repealing "its" and substituting "his".
217. Conduct and behaviour
Section 22(a) and (e) is amended by repealing "Council" and substituting "Director of Food and Environmental Hygiene".
218. Obstruction
Section 23(1) is amended---
(a) by repealing "these by-laws" and substituting "this Regulation";
(b) by repealing "Council" and substituting "Director of Food and Environmental Hygiene".
219. Books of Remembrance
Section 24 is amended---
(a) by repealing "Council" where it first appears and substituting "Director of Food and Environmental Hygiene";
(b) by repealing "the Council" where it secondly, thirdly and last appears and substituting "that Director".
220. Penalties
Section 25 is amended---
(a) in subsection (1) by repealing "by-law" and substituting "section";
(b) in subsection (2)---
(i) by repealing "by-law" and substituting "section";
(ii) by adding ", 17B(4), 17C, 17D(2)" after "17".
221. First Schedule amended
The First Schedule is amended---
(a) in Form 1---
(i) by repealing "[by-law 4]" and substituting "[s. 4]";
(ii) by repealing "by-law 4 of the Cremation and Gardens of Remembrance (Urban Council) By-laws" and substituting "section 4 of the Cremation and Gardens of Remembrance Regulation";
(b) in Form 2 by repealing "[by-law 4]" and substituting "[s. 4]";
(c) in Form 3 by repealing "[by-law 5]" and substituting "[s. 5]".
222. Repositories for human remains
The Third Schedule is amended by repealing "[by-law 4]" and substituting "[s. 4]".
Designation of Libraries Order
223. Citation
Paragraph 1 of the Designation of Libraries Order (Cap. 132 sub. leg.) is repealed.
224. Schedule amended
The Schedule is repealed and the following substituted---
"SCHEDULE [para. 2]
1. The ground floor, second to sixth floors, and eighth to eleventh floors (excluding the staircase, the floor lobby on each floor and the recital hall on the eighth floor) of the building known as City Hall High Block situated at Edinburgh Place, Hong Kong.
2. The ground and mezzanine floors of the building known as Yau Ma Tei Multi-storey Car Park, situated at Yau Ma Tei, Kowloon.
3. Rooms numbered 511 to 519 and rooms numbered 611 to 619 of the building known as Wah Chun House situated at Wah Fu Estate, Shek Pai Wan Road, Hong Kong.
4. The third floor of Urban Council Kowloon City Complex, 100 Nga Tsin Wai Road, Kowloon City, Kowloon.
5. The ground and first floors of No. 19, Lai Wan Road, Kowloon.
6. The second floor of No. 229, Electric Road, Hong Kong.
7. The ground floor of Lung Hing House, North Wing, Lower Wong Tai Sin Estate II, Kowloon.
8. The first and second floors of Urban Council Un Chau Street Building, No. 59--63, Un Chau Street, Kowloon.
9. The fifth and sixth floors of Urban Council Ngau Chi Wan Complex, 11 Clear Water Bay Road, Ngau Chi Wan, Kowloon.
10. The second floor of the building known as Yue Wan Market Building, Yue Wan Estate, Chai Wan, Hong Kong.
11. The ground floor of the building known as North Point Market, Pak Fuk Road, North Point, Hong Kong.
12. The first floor of Urban Council Po On Road Complex, 325--329 Po On Road, Sham Shui Po, Kowloon.
13. The sixth floor of Urban Council Hung Hom Complex, No. 11, Ma Tau Wai Road, Kowloon.
14. The Units F1 and F2 on the podium floor of Lee Foo House, Shun Lee Estate, Kwun Tong, Kowloon.
15. The fourth and fifth floors of the Urban Council Fa Yuen Street Complex, Fa Yuen Street, Kowloon.
16. Level 5 of the building known as Urban Council Aberdeen Complex, Aberdeen Main Road, Aberdeen, Hong Kong.
17. The second and third floors of the Urban Council Ngau Tau Kok Complex, No. 183, Ngau Tau Kok Road, Kowloon.
18. Units No. 1 to 6, ground floor, Commercial Centre, Pak Tin Estate, Kowloon.
19. The Arts Library at the Hong Kong Cultural Centre, 10 Salisbury Road, Kowloon.
20. Fifth floor and Sixth floor, To Kwa Wan Market and Government Offices, Kowloon.
21. The ground floor, Wing B, Tak Lok House, Tak Tin Estate, Kowloon.
22. No. 5, Pui Ching Road, Ho Man Tin, Kowloon.
23. Units No. 104--109, ground floor, Sau Ming House, Sau Mau Ping Estate (I), Kowloon.
24. Shop No. 112, Third floor, Lok Fu Shopping Centre I, Junction Road, Kowloon.
25. The ground floor of Yiu Cheong House, Yiu Tung Estate, Hong Kong.
26. Unit C of the third floor, the fourth and fifth floors of Urban Council Lockhart Road Complex, 225 Hennessy Road, Wan Chai, Hong Kong.
27. The fourth and fifth floors of the Urban Council Quarry Bay Complex, 38 Quarry Bay Street, Quarry Bay, Hong Kong.
28. The ground floor of No. 9 and 9A, Tit Shu Street, Tai Kok Tsui, Kowloon.
29. The fifth and sixth floors of Urban Council Shui Wo Street Complex, No. 9, Shui Wo Street, Kwun Tong, Kowloon.
30. The third and fourth floors of the Urban Council Shek Tong Tsui Complex, No. 470, Queen's Road West, Hong Kong.
31. The first floor of the building known as Concordia Plaza, 1 Science Museum Road, Tsim Sha Tsui East, Kowloon.
32. The third floor of Urban Council Smithfield Complex, 12K Smithfield, Kennedy Town, Hong Kong.
33. The third floor of Urban Council Wong Nai Chung Complex, 2 Yuk Sau Street, Happy Valley, Hong Kong.
34. The third floor of San Po Kong Plaza, 33 Shung Ling Street, San Po Kong, Kowloon.
35. No. 702, 7/F., Tsz Wan Shan Shopping Centre, Kowloon.
36. The fifth floor of Urban Council Ap Lei Chau Complex, 8 Hung Shing Street, Ap Lei Chau, Hong Kong.
37. Shop No. 201, Level Two, Plover Cove Garden, No. 3 Plover Cove Road, Tai Po.
38. Second Floor, Regional Council Cheung Chau Complex, No. 2 Tai Hing Tai Road, Cheung Chau.
39. Units 101--110 of the ground floor of the building known as Kwai Wo House at Lek Yuen Estate, Sha Tin.
40. The part of the first floor, Commercial Complex, Tai Hing Estate, Tuen Mun, hatched blue on a map dated 29 September 1978, signed by the Secretary for Home Affairs and deposited in the Tuen Mun District Office of the Leisure and Cultural Services Department.
41. The 1st floor of the building known as Yuen Long Government Offices, 2 Kiu Lok Square, Yuen Long.
42. The 4th floor of the building known as Kwai Hing Government Offices, 166--174 Hing Fong Road, Kwai Chung.
43. Shop No. 12, Commercial Centre, Lung Tin Estate, Tai O, Lantau Island.
44. Third Floor, Regional Council Shek Wu Hui Complex, 13 Chi Cheong Road, Sheung Shui.
45. The part of the ground floor of the building known as Community Building, Second Street, Sok Kwu Wan, Lamma Island, hatched red on the sketch plan dated 23 November 1982, signed by the Secretary for Home Affairs and deposited in the Islands District Office of the Leisure and Cultural Services Department.
46. 1 Tuen Hi Road, Tuen Mun.
47. Ground Floor, Regional Council Peng Chau Complex, Peng Chau.
48. Ground Floor, Regional Council Mui Wo Complex, Mui Wo.
49. The 2nd and 3rd floors of North Kwai Chung Market and Library, Shek Yam Road, Kwai Chung, hatched red on the sketch plans No. 37A and No. 37B dated 31 January 1984, signed by the Director of Urban Services and deposited in the Kwai Chung District Office of the Leisure and Cultural Services Department.
50. The part of the 5th floor of the Sai Kung Government Offices, Sai Kung (G.L.A. DS9), hatched red on the sketch plan dated 10 December 1984, signed by the Director of Urban Services and deposited in the Sai Kung District Office of the Leisure and Cultural Services Department.
51. 38 Sai Lau Kok Road, Tsuen Wan.
52. Unit Nos. 102--107, Cheung Lok House, Cheung Wah Estate, Fanling.
53. Unit Nos. 10--14, Ground Floor, Hong Shing House, Cheung Hong Estate, Tsing Yi.
54. Unit Nos. 126--130, Ground Floor, Tip Ying House, Butterfly Estate, Tuen Mun.
55. Unit Nos. 215--219, Shek Fong House, Shek Wai Kok Estate, Tsuen Wan.
56. No. 1, Yuen Wo Road, Sha Tin.
57. 1 Yung Shue Wan Main Street, Lamma Island.
58. Shop 1, Block 20, Ground Floor, Sha Tau Kok Chuen, New Territories.".
Dried Milk Regulations
225. Name in which proceedings may be brought
Regulation 7 of the Dried Milk Regulations (Cap. 132 sub. leg.) is amended by repealing everything after "regulations" and substituting "may be brought in the name of the Director of Food and Environmental Hygiene.".
Food Adulteration (Artificial Sweeteners) Regulations
226. Name in which proceedings may be brought
Regulation 5 of the Food Adulteration (Artificial Sweeteners) Regulations (Cap. 132 sub. leg.) is amended by repealing everything after "regulations" and substituting "may be brought in the name of the Director of Food and Environmental Hygiene.".
Food Adulteration (Metallic Contamination) Regulations
227. Amendment of Schedules
Regulation 4 of the Food Adulteration (Metallic Contamination) Regulations (Cap. 132 sub. leg.) is amended by repealing "Director of Health" and substituting "Director of Food and Environmental Hygiene".
228. Name in which proceedings may be brought
Regulation 6 is amended by repealing everything after "regulations" and substituting "may be brought in the name of the Director of Food and Environmental Hygiene.".
Food and Drugs (Composition and Labelling) Regulations
229. Interpretation
Regulation 2(1) of the Food and Drugs (Composition and Labelling) Regulations (Cap. 132 sub. leg.) is amended by repealing the definition of "Authority" and substituting---
""Authority" (主管當局) means the Director of Food and Environmental Hygiene;".
230. Name in which proceedings may be brought
Regulation 6(b) and (c) is repealed and the following substituted---
"(b) where the offence was committed in respect of food, in the name of the Director of Food and Environmental Hygiene.".
Food Business Regulation
231. Citation
Section 1 of the Food Business Regulation (Cap. 132 sub. leg.) is repealed.
232. Application
Section 2 is repealed.
233. Interpretation
Section 3 is amended---
(a) in subsection (1)---
(i) by repealing "these bylaws" and substituting "this Regulation";
(ii) by repealing the definition of "Council";
(iii) in the definition of "food business" by repealing "bylaw" and substituting "section";
(iv) by adding---
""Director" (署長) means the Director of Food and Environmental Hygiene;";
(b) in subsections (2), (3) and (4) by repealing "these bylaws" and substituting "this Regulation".
234. Interpretation of food business
Section 4 is amended---
(a) in subsection (1)---
(i) by repealing "these bylaws" and substituting "this Regulation";
(ii) by repealing "bylaw" and substituting "section";
(b) in subsection (2) by repealing "bylaw" and substituting "section".
235. Cleanliness and repair of food premises
Section 5 is amended---
(a) in subsection (4) by repealing "Council" wherever it appears and substituting "Director";
(b) in subsection (5)---
(i) by repealing "paragraph" and substituting "subsection";
(ii) in paragraph (b) by repealing "Council" and substituting "Director".
236. Prohibition of non-permitted colouring matter on food premises
Section 7A(2) is amended by repealing "bylaw" and substituting "section".
237. Restriction on spitting
Section 9(3) is amended by repealing "Council" and substituting "Director".
238. Control of water quality
Section 10A is amended---
(a) in subsection (1) by repealing "Council" and substituting "Director";
(b) by repealing subsection (2);
(c) in subsection (3) by repealing "bylaw" and substituting "section".
239. Prohibition of dogs on food premises
Section 10B(3) is amended by repealing "bylaw" and substituting "section".
240. Storage of open food
Section 11 is amended by repealing "paragraph" where it twice appears and substituting "subsection".
241. Requirements for transportation of dressed poultry carcass or offal
Section 12A is amended---
(a) in subsection (1)---
(i) by repealing "Council" and substituting "Director";
(ii) by repealing "it" and substituting "he";
(b) in subsection (2)---
(i) by repealing "paragraph" and substituting "subsection";
(ii) by repealing "Council" and substituting "Director";
(iii) by repealing "it" and substituting "he";
(c) in subsection (3)---
(i) by repealing "Council" and substituting "Director";
(ii) by repealing "paragraph" and substituting "subsection".
242. Restriction on the use of open spaces
Section 13(2) is amended---
(a) by repealing "bylaw" and substituting "section";
(b) in paragraph (a) by repealing "Council" and substituting "Director";
(c) in paragraph (b) in the proviso by repealing "subparagraph" and substituting "paragraph".
243. Sterilization and storage of utensils
Section 19(a)(ii) and (iii) is amended by repealing "Council" and substituting "Director".
244. Immunization of persons engaged in food businesses against certain diseases
Section 23 is amended---
(a) in subsections (1)(b) and (2) by repealing "paragraph" wherever it appears and substituting "subsection";
(b) in subsection (3) by repealing "Council" and substituting "Director".
245. Prohibition of employment in food businesses of persons not immunized against certain diseases
Section 23A is amended---
(a) in subsection (1) by repealing "bylaw" where it twice appears and substituting "section";
(b) in subsection (2) by repealing "paragraph" and substituting "subsection".
246. Restriction on employment of persons likely to spread diseases
Section 24(1), (3) and (4) is amended by repealing "paragraph" wherever it appears and substituting "subsection".
247. Inspection books, etc.
Section 25 is amended---
(a) in subsection (1)---
(i) by repealing "Council" and substituting "Director";
(ii) by repealing "its" and substituting "his";
(b) in subsection (2) by repealing "Council" and substituting "Director".
248. Section substituted
Section 28 is repealed and the following substituted---
"28. Prohibition against the collection of shell fish in certain areas
No person shall collect for sale for human consumption any shell fish in---
(a) the Harbour; or
(b) the harbour in Aberdeen, being all those waters and foreshores bounded by a line drawn north from the westernmost extremity of the Island of Ap Lei Chau and a line drawn east from the southernmost extremity of that island.".
249. Restriction on the sale, etc. of articles specified in Schedule 2
Section 30 is amended---
(a) in subsection (1)---
(i) by repealing "Council" where it first appears and substituting "Director";
(ii) in paragraph (a) in the proviso---
(A) by repealing "subparagraph" and substituting "paragraph";
(B) by repealing "Council pursuant to bylaw 4(2) of the Hawker (Regional Council) By-laws" and substituting "Director pursuant to section 4(1)(a) of the Hawker Regulation";
(b) in subsection (2)---
(i) by repealing "paragraph" and substituting "subsection";
(ii) in paragraph (a)---
(A) by repealing "Council" where it first appears and substituting "Director";
(B) by repealing "bylaws" where it first appears and substituting "Regulations";
(C) in subparagraph (i) by repealing "these bylaws" and substituting "this Regulation";
(D) in subparagraph (ii) by repealing "Milk (Regional Council) Bylaws" and substituting "Milk Regulation";
(E) in subparagraph (iii) by repealing "Frozen Confections (Regional Council) By-laws" and substituting "Frozen Confections Regulation";
(F) in subparagraph (iv) by repealing "Hawker (Regional Council) By-laws" and substituting "Hawker Regulation";
(iii) in paragraph (b)---
(A) in subparagraph (i)---
(I) by repealing "Council" where it first appears and substituting "Director";
(II) by repealing "Public Market (Regional Council) By-laws" and substituting "Public Markets Regulation";
(B) in subparagraph (ii)---
(I) by repealing "Private Markets (Regional Council) By-laws" and substituting "Private Markets Regulation";
(II) by repealing "those bylaws" and substituting "that Regulation";
(iv) in paragraph (c)---
(A) by repealing "subparagraph" where it twice appears and substituting "paragraph";
(B) by repealing "Council" where it first appears and substituting "Director";
(C) by repealing "appropriate fee as determined by the Council under section 56B(1) of the Ordinance" and substituting "prescribed fee";
(c) in subsection (3)---
(i) by repealing "Council" where it first and secondly appears and substituting "Director";
(ii) by repealing "bylaw" and substituting "section";
(iii) by repealing "fee as determined by the Council under section 56B(1) of the Ordinance" and substituting "prescribed fee";
(d) in subsection (4)---
(i) by repealing "bylaw" and substituting "section";
(ii) by repealing "these or any other bylaws" and substituting "this or any other Regulation";
(e) in subsection (5)---
(i) by repealing "Council" where it first appears and substituting "Director";
(ii) by repealing "paragraph" wherever it appears and substituting "subsection";
(iii) in paragraph (a) by repealing "bylaw" where it twice appears and substituting "section";
(iv) in paragraph (b)---
(A) by repealing "Milk (Regional Council) Bylaws" and substituting "Milk Regulation";
(B) by repealing "Frozen Confections (Regional Council) By-laws" and substituting "Frozen Confections Regulation";
(C) by repealing "Hawker (Regional Council) By-laws" and substituting "Hawker Regulation";
(v) in paragraph (c) by repealing "paragraph" and substituting "subsection";
(f) in subsection (6)---
(i) by repealing "paragraph" and substituting "subsection";
(ii) by repealing "Council" and substituting "Director".
250. Licensing of food business
Section 31 is amended---
(a) in subsection (1)---
(i) by repealing "bylaw" and substituting "section";
(ii) by repealing "Council" and substituting "Director";
(iii) by repealing "these bylaws" and substituting "this Regulation";
(b) in subsection (2)---
(i) by repealing "these bylaws" where it first appears and substituting "this Regulation";
(ii) in the definitions of "factory canteen", "food factory" and "fresh provision shop" by repealing "Hawker (Regional Council) By-laws" and substituting "Hawker Regulation";
(iii) in the definition of "frozen confection factory" by repealing "Frozen Confections (Regional Council) Bylaws" and substituting "Frozen Confections Regulation";
(iv) in the definition of "licensee" by repealing "these bylaws" and substituting "this Regulation";
(v) in the definition of "milk factory" by repealing "Milk (Regional Council) Bylaws" and substituting "Milk Regulation";
(vi) in the definition of "provisional licence" by repealing "bylaw" and substituting "section";
(vii) in the definitions of "restaurant" and "siu mei and lo mei shop" by repealing "Hawker (Regional Council) By-laws" and substituting "Hawker Regulation";
(viii) in the definition of "temporary licence" by repealing "bylaw" and substituting "section";
(c) in subsection (3) by repealing "bylaw" and substituting "section";
(d) in subsection (5)---
(i) by repealing "Council of the appropriate fee as determined by the Council under section 56B(1) of the Ordinance" and substituting "Director of the prescribed fee";
(ii) in the proviso by repealing "fee as determined by the Council under section 56B(1) of the Ordinance" and substituting "prescribed fee";
(e) in subsection (6)---
(i) by repealing "Council" where it first and secondly appears and substituting "Director";
(ii) by repealing "these bylaws" and substituting "this Regulation";
(iii) by repealing "fee as determined by the Council under section 56B(1) of the Ordinance" and substituting "prescribed fee";
(f) in subsection (7)---
(i) by repealing "Council" and substituting "Director";
(ii) by repealing "paragraph" where it twice appears and substituting "subsection";
(g) in subsection (8)---
(i) by repealing "paragraph" and substituting "subsection";
(ii) by repealing "Council" and substituting "Director".
251. Application for licence
Section 32 is amended---
(a) in subsection (1)---
(i) by repealing "bylaw" and substituting "section";
(ii) by repealing "Council" and substituting "Director";
(b) in subsection (2) by repealing "paragraph" and substituting "subsection";
(c) in subsection (3) by repealing "Council" wherever it appears and substituting "Director".
252. Conditions for issue of licence
Section 33 is amended---
(a) in subsection (1)---
(i) by repealing "bylaw 31 unless the Council" and substituting "section 31 unless the Director";
(ii) in paragraph (a)---
(A) by repealing "bylaw" and substituting "section";
(B) by repealing "Council" and substituting "Director";
(iii) in paragraph (c) in the proviso---
(A) by repealing "Council" and substituting "Director";
(B) by repealing "it" and substituting "he";
(iv) in paragraph (d) in the proviso---
(A) by repealing "Council" where it twice appears and substituting "Director";
(B) by repealing "its" and substituting "his";
(C) by repealing "it" and substituting "he";
(v) in paragraphs (h) and (i)(ii) by repealing "Council" and substituting "Director";
(vi) in paragraph (l) by repealing "bylaw" and substituting "section";
(b) in subsection (2) by repealing "paragraph" and substituting "subsection".
253. Additional requirement for issue of licence for siu mei and lo mei shops
Section 33A is amended by repealing "Council" where it twice appears and substituting "Director".
254. Compliance with fire safety requirements
Section 33B is amended---
(a) by repealing "Council" wherever it appears and substituting "Director";
(b) by repealing "bylaw" wherever it appears and substituting "section".
255. Provisional licence
Section 33C is amended---
(a) in subsection (1)---
(i) by repealing "Council" where it twice appears and substituting "Director";
(ii) by repealing "bylaw" and substituting "section";
(iii) in paragraph (a) by repealing "bylaws" and substituting "sections";
(b) in subsection (2)---
(i) by repealing "Council" where it twice appears and substituting "Director";
(ii) by repealing "bylaw" and substituting "section";
(c) in subsection (4) by repealing "Council" and substituting "Director";
(d) in subsection (5) by repealing "paragraph" and substituting "subsection".
256. Restriction on alteration of premises or fittings after grant of licence
Section 34 is amended---
(a) by repealing "these bylaws" and substituting "this Regulation";
(b) by repealing "Council" and substituting "Director";
(c) in paragraphs (a) and (b) by repealing "bylaw" and substituting "section".
257. Transfer of licence
Section 34A is amended---
(a) by repealing "Council" and substituting "Director";
(b) by repealing "bylaw" where it twice appears and substituting "section".
258. Licensee to exhibit licence
Section 34B is amended by repealing "these bylaws" and substituting "this Regulation".
259. Food business otherwise than at the place delineated in the plan
Section 34C is amended---
(a) by repealing "Council" and substituting "Director";
(b) by repealing "bylaw" and substituting "section".
260. Alteration or addition to the matters specified in section 32(1)
Section 34D is amended---
(a) in subsection (1)---
(i) by repealing "Council" and substituting "Director";
(ii) by repealing "bylaw" and substituting "section";
(b) in subsection (2)---
(i) by repealing "Council" and substituting "Director";
(ii) by repealing "subparagraph" where it twice appears and substituting "paragraph";
(iii) by repealing "bylaw" wherever it appears and substituting "section".
261. Offences and penalties
Section 35 is amended---
(a) in subsection (1)---
(i) in paragraph (a) by repealing "bylaw" and substituting "section";
(ii) in paragraph (c)---
(A) in subparagraph (i) by repealing "bylaw" and substituting "section";
(B) in subparagraph (ii) by repealing "paragraph" and substituting "subsection";
(b) in subsection (2) by repealing "bylaw" and substituting "section";
(c) in subsection (3)---
(i) by repealing "these bylaws" and substituting "this Regulation";
(ii) in paragraph (a) by repealing "bylaw" and substituting "section";
(iii) in paragraph (b)---
(A) by repealing "paragraph" and substituting "subsection";
(B) by repealing "bylaw" and substituting "section".
262. Name in which proceedings for offences may be brought
Section 36 is amended---
(a) by repealing "these bylaws" and substituting "this Regulation";
(b) by repealing "Council" and substituting "Director".
263. Prohibited Foods
Schedule 1 is amended---
(a) by repealing "[bylaw 29]" and substituting "[s. 29]";
(b) by repealing items 2 and 3 and substituting---
"2. Fresh or frozen meat of animals which have not been slaughtered in a Government slaughterhouse or in a slaughterhouse approved by the Director except where such meat was lawfully imported into Hong Kong in accordance with the Imported Game, Meat and Poultry Regulations (Cap. 132 sub. leg.).
3. Shell fish which has been collected in contravention of section 28 of this Regulation.".
264. Restricted Foods
Schedule 2 is amended---
(a) by repealing "[bylaw 30]" and substituting "[s. 30]";
(b) in item 9---
(i) by repealing "Milk (Regional Council) Bylaws" and substituting "Milk Regulation";
(ii) by repealing "bylaw" and substituting "section".
265. Apportionment of Space in Restaurants
Schedule 4 is amended by repealing "[bylaw 33(1)(j) & (k)]" and substituting "[s. 33(1)(j) & (k)]".
266. Apportionment of Space in Restaurants and Factory Canteens
Schedule 5 is amended by repealing "[bylaw 33(1)(ja), (ka) & (kb)]" and substituting
"[s. 33(1)(ja), (ka) & (kb)]".
Food Business Regulation (Exemption from Section 31(1)) Notice
267. Citation
Paragraph 1 of the Food Business Regulation (Exemption from Section 31(1)) Notice (Cap. 132 sub. leg.) is repealed.
268. Exemptions from section 31(1)
Paragraph 2 is amended---
(a) in subparagraph (b)(i) by repealing "Regional Council" and substituting "Director of Food and Environmental Hygiene";
(b) in subparagraph (b)(ii) by repealing "Private Markets (Regional Council) By-laws" and substituting "Private Markets Regulation";
(c) by repealing "bylaw 31(1) of the Food Business (Regional Council) Bylaws" and substituting "section 31(1) of the Food Business Regulation".
Frozen Confections Regulation
269. Citation
Section 1 of the Frozen Confections Regulation (Cap. 132 sub. leg.) is repealed.
270. Application
Section 2 is repealed.
271. Interpretation
Section 3 is amended---
(a) by repealing "these by-laws" and substituting "this Regulation";
(b) by repealing the definition of "Council";
(c) in the definition of "food business" by repealing "Food Business (Urban Council) By-laws" and substituting "Food Business Regulation";
(d) in the definitions of "full licence" and "provisional licence" by repealing "by-law" and substituting "section";
(e) by adding---
" "Director" (署長) means the Director of Food and Environmental Hygiene;".
272. Amendment of First Schedule
Section 4 is amended by repealing "Council" and substituting "Director".
273. Permits to sell frozen confections
Section 5 is amended---
(a) by repealing "Council" where it first appears and substituting "Director";
(b) by repealing "by-law 31 of the Food Business (Urban Council) By-laws" and substituting "section 31 of the Food Business Regulation".
274. Restriction on sale, etc. of imported frozen confections
Section 7 is amended---
(a) in subsection (1) by repealing "Council" and substituting "Director";
(b) in subsection (2)---
(i) by repealing "by-law" and substituting "section";
(ii) by repealing "Council" and substituting "Director";
(iii) by repealing "it" and substituting "he";
(c) in subsection (3) by repealing "paragraph" and substituting "subsection".
275. Frozen confections to be heat-treated before sale
Section 8 is amended---
(a) by repealing "by-law" and substituting "section";
(b) by repealing "Council" and substituting "Director".
276. Frozen confections not to be sold except in the manufacturer's containers
Section 15(2) is amended---
(a) by repealing "Paragraph" and substituting "Subsection";
(b) by repealing "Council under the Food Business (Urban Council) By-laws" and substituting "Director under the Food Business Regulation".
277. Hawkers of frozen confections to wear uniforms and display numbers
Section 16 is amended by repealing "Council" where it twice appears and substituting "Director".
278. Frozen confections not to be manufactured except under licence
Section 17 is amended---
(a) by repealing "Council" where it first and secondly appears and substituting "Director";
(b) by repealing "by-law" and substituting "section";
(c) by repealing "Food Business (Urban Council) By-laws" and substituting "Food Business Regulation".
279. Application for licence
Section 18 is amended---
(a) in subsection (1)---
(i) by repealing "Secretary of the Council" and substituting "Director";
(ii) by repealing "paragraph" and substituting "subsection";
(b) in subsection (2) by repealing "paragraph" and substituting "subsection";
(c) in subsection (3)---
(i) by repealing "Council" where it first and last appears and substituting "Director";
(ii) by repealing "Secretary of the Council" and substituting "Director".
280. Full licence
Section 19 is amended---
(a) in subsection (1)---
(i) by repealing "paragraph" and substituting "subsection";
(ii) by repealing "Council" where it first and secondly appears and substituting "Director";
(iii) in paragraph (a)---
(A) by repealing "by-law" and substituting "section";
(B) by repealing "Council" and substituting "Director";
(iv) in paragraph (d) in the proviso---
(A) by repealing "Council" where it twice appears and substituting "Director";
(B) by repealing "its" and substituting "his";
(C) by repealing "it" and substituting "he";
(v) in paragraph (e)(iii) by repealing "sub-sub-paragraph" and substituting "subparagraph";
(vi) in paragraph (i) by repealing "Council" and substituting "Director";
(b) in subsection (2)---
(i) by repealing "paragraph" and substituting "subsection";
(ii) by repealing "by-law" and substituting "section";
(iii) by repealing "Council" and substituting "Director".
281. Provisional licence
Section 19A is amended---
(a) in subsection (1)---
(i) by repealing "Council" where it twice appears and substituting "Director";
(ii) by repealing "by-law" and substituting "section";
(b) in subsection (2) by repealing "Council" and substituting "Director";
(c) in subsection (3) by repealing "paragraph" and substituting "subsection";
(d) in subsection (4) by repealing "Council" and substituting "Director";
(e) in subsection (5) by repealing "paragraph" where it twice appears and substituting "subsection".
282. Restriction on alterations or additions to licensed premises
Section 20 is amended---
(a) by repealing "Council" and substituting "Director";
(b) in paragraph (a) by repealing "by-law" and substituting "section";
(c) in paragraph (b)---
(i) by repealing "by-law" and substituting "section";
(ii) by repealing "paragraph" and substituting "subsection".
283. Transfer of licence
Section 20A is amended by repealing "Council" and substituting "Director".
284. Requirements as to heat-treatment apparatus
Section 21 is amended---
(a) in subsection (2) by repealing "Council" and substituting "Director";
(b) in subsection (3) by repealing "paragraph" and substituting "subsection".
285. Control of contents of frozen confections
Section 23(a) is amended by repealing "Council" and substituting "Director".
286. Sterilization of vessels and utensils
Section 25 is amended---
(a) in subsection (1)---
(i) by repealing "Council" and substituting "Director";
(ii) in the proviso by repealing "paragraph" and substituting "subsection";
(b) in subsection (2) by repealing "Council" and substituting "Director".
287. Spitting
Section 29(3) is amended by repealing "Council" and substituting "Director".
288. Prevention of vermin
Section 30(1) is amended by repealing "Council" and substituting "Director".
289. Cleansing of water tanks
Section 32(2) is amended by repealing "paragraph" and substituting "subsection".
290. General precautions against contamination of frozen confections
Section 33 is amended by repealing "these by-laws" and substituting "this Regulation".
291. Restriction on employment of persons likely to spread disease
Section 35(1), (3), (4) and (5) is amended by repealing "paragraph" wherever it appears and substituting "subsection".
292. Immunization of staff against certain diseases
Section 36 is amended---
(a) in subsection (1) by repealing "paragraph" and substituting "subsection";
(b) in subsection (2) by repealing "Council" and substituting "Director";
(c) in subsection (3) by repealing "paragraph" where it twice appears and substituting "subsection".
293. General personal cleanliness
Section 37 is amended by repealing "these by-laws" and substituting "this Regulation".
294. Prevention of supply of frozen confections to the danger of public health
Section 38 is amended---
(a) in subsection (2)---
(i) by repealing "paragraph" and substituting "subsection";
(ii) by repealing "Urban Services Appeals Board" and substituting "Municipal Services Appeals Board";
(b) in subsection (3) by repealing "Urban Services Appeals Board" and substituting "Municipal Services Appeals Board".
295. Keeping of report books
Section 39(1) is amended by repealing "Council" and substituting "Director".
296. Fees and duplicate licence
Section 40 is amended---
(a) in subsection (2) by repealing "shall be the fee as determined by the Council under section 56B(1) of the Ordinance" and substituting "is the prescribed fee";
(b) in subsection (2A) by repealing "bylaw" and substituting "section";
(c) in subsection (3)---
(i) by repealing "Council" where it first and secondly appears and substituting "Director";
(ii) by repealing "fee as determined by the Council under section 56B(1) of the Ordinance" and substituting "prescribed fee".
297. Offences and penalties
Section 41 is amended---
(a) in subsection (1)---
(i) by repealing "by-law" wherever it appears and substituting "section";
(ii) by repealing "paragraph" wherever it appears and substituting "subsection";
(b) in subsection (2)---
(i) by repealing "these by-laws" and substituting "this Regulation";
(ii) in paragraph (a) by repealing "by-law" and substituting "section";
(iii) in paragraph (b) by repealing "paragraph" and substituting "subsection".
298. Name in which proceedings for offences may be brought
Section 42 is amended---
(a) by repealing "these by-laws" and substituting "this Regulation";
(b) by repealing "Council" and substituting "Director";
299. Heat-treatment
The First Schedule is amended by repealing "[by-laws 3 & 4]" and substituting "[ss. 3 & 4]".
Funeral Parlours Regulation
300. Citation
Section 1 of the Funeral Parlours Regulation (Cap. 132 sub. leg.) is repealed.
301. Application
Section 2 is repealed.
302. Interpretation
Section 3 is amended---
(a) by repealing "these by-laws" and substituting "this Regulation";
(b) by repealing the definition of "Council";
(c) in the definition of "funeral parlour"---
(i) in paragraph (b) by adding ", by the University of Hong Kong provided for by the University of Hong Kong Ordinance (Cap. 1053)" before "or by The";
(ii) in paragraph (c) by repealing "or" at the end;
(iii) in paragraph (d) in the Chinese text by repealing the full stop and substituting a semicolon;
(iv) by adding---
"(e) the Tung Wah Hospital Repository situated at Sandy Bay, Hong Kong; or
(f) any place set apart for the purpose of washing dead bodies in accordance with Islamic rites, prior to burial, at---
(i) the Masjid Ammar and Osman Ramju Sadick Islam Centre at 40, Oi Kwan Road, Hong Kong;
(ii) the Muslim Cemetery, Cape Collinson, Hong Kong; or
(iii) the Muslim Cemetery, Happy Valley, Hong Kong;";
(d) by adding---
""Director" (署長) means the Director of Food and Environmental Hygiene;".
303. Licensing of funeral parlour businesses
Section 4 is amended---
(a) in subsection (1) by repealing "Council" and substituting "Director";
(b) in subsection (3) by repealing "Council of the fee as determined by the Council under section 123AA(1) of the Ordinance" and substituting "Director of the prescribed fee";
(c) in subsection (4)---
(i) by repealing "Council" where it first appears and substituting "Director";
(ii) by repealing "it" and substituting "he";
(iii) by repealing "fee as determined by the Council under section 123AA(1) of the Ordinance" and substituting "prescribed fee".
304. Refusals and revocations
Section 5 is amended by repealing "Council" where it twice appears and substituting "Director".
305. Funeral parlours to comply with certain provisions
Section 7 is amended---
(a) in paragraph (a) by repealing "Council" and substituting "Director";
(b) in paragraph (c)---
(i) in subparagraph (xi) by repealing "sub-paragraph" and substituting "subparagraph";
(ii) in subparagraph (xii)---
(A) by repealing "Council" and substituting "Director";
(B) by repealing "sub-paragraph" and substituting "subparagraph".
306. Reception and retention of human remains
Section 9(3) is amended by repealing "Council" and substituting "Director".
307. Use of rubber gloves, etc.
Section 11(1) is amended by repealing "Council" and substituting "Director".
308. Cleanliness of premises
Section 12 is amended by repealing "Council" and substituting "Director".
309. Registers
Section 13(2) is amended---
(a) by repealing "paragraph" and substituting "subsection";
(b) by repealing "Council" and substituting "Director";
(c) by repealing "by-law" and substituting "section".
310. Offences and penalties
Section 14 is amended by repealing "by-law" wherever it appears and substituting "section".
311. Name in which proceedings for offences may be brought
Section 15 is amended---
(a) by repealing "these by-laws" and substituting "this Regulation";
(b) by repealing "Council" and substituting "Director".
Harmful Substances in Food Regulations
312. Amendment of First Schedule
Regulation 4 of the Harmful Substances in Food Regulations (Cap. 132 sub. leg.) is amended by repealing "Director of Health" and substituting "Director of Food and Environmental Hygiene".
313. Name in which proceedings may be brought
Regulation 6 is amended by repealing everything after "regulations" and substituting "may be brought in the name of the Director of Food and Environmental Hygiene.".
Hawker (Permitted Places) Declaration
314. Citation
Paragraph 1 of the Hawker (Permitted Places) Declaration (Cap. 132 sub. leg.) is repealed.
Hawker Regulation
315. Citation
Section 1 of the Hawker Regulation (Cap. 132 sub. leg.) is repealed.
316. Interpretation
Section 2 is amended---
(a) by repealing "these by-laws" where it first appears and substituting "this Regulation";
(b) by repealing the definition of "appropriate coin";
(c) in the definition of "boundaries" ---
(i) by repealing "Council" and substituting "Director";
(ii) by repealing "these by-laws" and substituting "this Regulation";
(d) by repealing the definition of "Council";
(e) in the definitions of "fixed pitch", "fixed-pitch hawker licence", "hawker badge", "hawker permitted area" and "itinerant hawker licence" by repealing "by-law" wherever it appears and substituting "section";
(f) in the definition of "licence" by repealing "these by-laws" and substituting "this Regulation";
(g) by repealing the definition of "Secretary";
(h) by adding---
""deputy" (替手) means a person appointed by a hawker under section 11 to deputize for him;
"Director" (署長) means the Director of Food and Environmental Hygiene;
"hawker" (小販) includes a deputy;
"hawker bazaar" (小販市場) means an area of ground demarcated by the Director and allocated by him for the use of hawkers;".
317. Application
Section 3 is amended---
(a) by repealing subsection (1);
(b) in subsection (2) by repealing "These by-laws" and substituting "This Regulation";
(c) by adding---
"(3) This Regulation does not apply to any hawker who is hawking on enclosed land held on lease or permit from the Government.".
318. Hawker permitted places
Section 4 is amended---
(a) in subsection (1)---
(i) by repealing "Council" and substituting "Director";
(ii) in paragraph (a) by repealing "its" and substituting "his";
(b) in subsection (2) by repealing "Council" and substituting "Director";
(c) in subsection (3) by repealing "Secretary" and substituting "Director";
(d) in subsection (4)---
(i) by repealing "Secretary" and substituting "Director";
(ii) by repealing "paragraph" and substituting "subsection".
319. Hawkers to be licensed
Section 5 is amended---
(a) by adding---
"(2A) Notwithstanding subsection (2), a person may hawk without a licence in a place or area, whether or not a hawker bazaar, set aside for that purpose by the Director by notice in the Gazette during the period the place or area is so set aside.";
(b) in subsection (3) by repealing "in the Urban Council area,".
320. Section added
The following is added---
"5A. Restriction on hawking in special areas
The Director may, by notice published in the Gazette, prescribe any place or area, other than a hawker bazaar, within which no hawker may hawk unless he holds a licence endorsed with permission by the Director to hawk in that place or area.".
321. Applications for licences
Section 7 is amended---
(a) in subsection (1)(a) by repealing "Council" where it twice appears and substituting "Director";
(b) in subsection (2)---
(i) by repealing "Council" where it twice appears and substituting "Director";
(ii) by repealing "by-law" and substituting "section".
322. Issue of fixed-pitch hawker licences
Section 8 is amended---
(a) in subsection (1)---
(i) by repealing "Council" and substituting "Director";
(ii) by repealing "paragraph" and substituting "subsection";
(iii) by repealing "it" and substituting "he";
(b) in subsection (2)(g) by repealing "these by-laws" and substituting "this Regulation";
(c) in subsection (3)---
(i) by repealing "paragraph" and substituting "subsection";
(ii) by repealing "Council" where it twice appears and substituting "Director".
323. Itinerant hawker licences
Section 9 is amended---
(a) in subsection (1)---
(i) by repealing "Council" and substituting "Director";
(ii) by repealing "paragraph" and substituting "subsection";
(iii) by repealing "it" and substituting "he";
(b) in subsection (2)(f) by repealing "these by-laws" and substituting "this Regulation";
(c) in subsection (3)---
(i) by repealing "paragraph" and substituting "subsection";
(ii) by repealing "Council" where it twice appears and substituting "Director".
324. Temporary licences
Section 10 is amended---
(a) by repealing "Council" wherever it appears and substituting "Director";
(b) by repealing "it" and substituting "he".
325. Hawker badges
Section 10A(1) is amended by repealing "these by-laws the Council" and substituting "this Regulation the Director".
326. Deputies
Section 11 is amended---
(a) in subsection (1) by repealing "Council" and substituting "Director";
(b) in subsection (2)---
(i) by repealing "paragraph" and substituting "subsection";
(ii) by repealing "Council" and substituting "Director";
(iii) by repealing "it" where it first appears and substituting "he";
(iv) by repealing "these by-laws" and substituting "this Regulation";
(c) in subsection (3)---
(i) by repealing "Council" and substituting "Director";
(ii) by repealing "it" and substituting "he";
(iii) by repealing "paragraph" and substituting "subsection";
(d) in subsection (4)---
(i) by repealing "by-law" and substituting "section";
(ii) by repealing "these by-laws" where it twice appears and substituting "this Regulation".
327. Assistants
Section 12 is amended---
(a) by adding---
"(1A) Subject to subsection (1), a hawker shall not, for the purpose of hawking, employ or be assisted by a person other than a person whose name is endorsed by the Director on his licence.";
(b) in subsection (3) by repealing "paragraph" and substituting "subsection";
(c) in subsection (4) by repealing "these by-laws" and substituting "this Regulation".
328. Section substituted
Section 13 is repealed and the following substituted---
"13. Stall, licences and pitch cards not to be sublet or transferred
(1) Except with the consent in writing of the Director, no hawker shall sublet, transfer or lend any stall or transfer his licence or pitch card (if any) to any other person.
(2) A licence is not transmitted by operation of law.".
329. Section substituted
Section 14 is repealed and the following substituted---
"14. Licences not to be altered or defaced
(1) No person shall alter or deface or erase anything on a licence, hawker badge or pitch card.
(2) No person shall use, or have in his possession with a view to using, a licence or hawker badge anything on which has been erased or which has been altered or defaced in any way, unless the erasure, alteration or defacement has been authorized by the Director.
(3) This section is not to be construed to prevent the use by a hawker of a licence or hawking badge which has been damaged or defaced by accident.".
330. Possession of licences
Section 15 is amended---
(a) in subsection (1)---
(i) by repealing "Council" and substituting "Director";
(ii) by repealing "these by-laws" and substituting "this Regulation";
(b) in subsection (2)---
(i) by repealing "by-law" and substituting "section";
(ii) by repealing "these by-laws" and substituting "this Regulation";
(c) in subsection (3)---
(i) by repealing "Council" and substituting "Director";
(ii) by repealing "these by-laws" and substituting "this Regulation".
331. Licensees to produce licences for inspection on demand
Section 16(a) is repealed and the following substituted---
"(a) any public officer authorized in writing by the Director;".
332. Issue of duplicate licences
Section 17 is amended by repealing "Council shall, if it" and substituting "Director shall, if he".
333. Cancellation of licences, etc.
Section 19 is amended---
(a) in subsection (1) by repealing "Council" and substituting "Director";
(b) in subsection (2) by repealing "these by-laws" and substituting "this Regulation";
(c) by adding---
"(3) If a licence is cancelled or otherwise terminated, other than for the misconduct of the hawker to whom it was issued, the Director may, in his discretion, refund to the hawker or to his legal personal representative a sum equivalent to the proportion of the licence fee equivalent to the remainder of
the period for which the licence would have been in force if not for the termination.".
334. Licence to be surrendered on termination
Section 20 is amended---
(a) in subsection (1) by repealing everything after "to the" and substituting "Director or officer of the Department of Food and Environmental Hygiene.";
(b) in subsection (2) by repealing "Council" and substituting "Director".
335. Renewal of licences
Section 21 is amended---
(a) in subsection (1)---
(i) by repealing "Council" and substituting "Director";
(ii) by repealing "it" and substituting "him";
(b) in subsection (2) by repealing "Council" and substituting "Director";
(c) in subsection (3)---
(i) by repealing "Council" where it twice appears and substituting "Director";
(ii) by repealing "these by-laws" and substituting "this Regulation";
(d) in subsection (4)---
(i) by repealing "by-law" and substituting "section";
(ii) by repealing "Council" and substituting "Director".
336. Restrictions on areas in which licensee may hawk
Section 22 is amended---
(a) in subsection (2)---
(i) by repealing "Council" and substituting "Director";
(ii) by repealing "by-law" and substituting "section";
(b) in subsection (3) by repealing "Council" and substituting "Director".
337. Director to be notified of change of particulars
Section 24 is amended---
(a) by repealing "by-law" wherever it appears and substituting "section";
(b) by repealing "Council" wherever it appears and substituting "Director".
338. Director may require production of licence for amendment
Section 25 is amended---
(a) in subsection (1)---
(i) by repealing "Council" wherever it appears and substituting "Director";
(ii) by repealing "these by-laws" and substituting "this Regulation";
(b) in subsection (2) by repealing "paragraph" and substituting "subsection".
339. Register of licences to be kept
Section 26 is amended---
(a) by repealing subsection (1) and substituting---
"(1) The Director shall keep a register of licences, and a register of licensees, in such form and containing such particulars as the Director considers necessary.";
(b) in subsections (2) and (3) by repealing "Secretary" and substituting "Director";
(c) in subsection (4)---
(i) by repealing "Secretary" where it twice appears and substituting "Director";
(ii) by repealing "these by-laws" where it twice appears and substituting "this Regulation".
340. Delineation of fixed pitches
Section 27(1) is amended by repealing "Council" and substituting "Director".
341. Meters
Section 28 is repealed.
342. Interference with meters
Section 29 is repealed.
343. Use of metered pitches
Section 30 is repealed.
344. Control of use of fixed pitches
Section 31 is amended---
(a) by repealing "Council" and substituting "Director";
(b) by repealing "it" and substituting "he".
345. Temporary closure of pitches
Section 32 is amended by repealing "Council" and substituting "Director".
346. Allocation of fixed pitches
Section 33 is amended---
(a) in subsections (1) and (2) by repealing "Council" and substituting "Director";
(b) by repealing subsection (3).
347. Director may require allocated pitch to be vacated either permanently or temporarily
Section 34 is amended---
(a) in subsection (1)---
(i) by repealing "Council" and substituting "Director";
(ii) by repealing "by-law" and substituting "section";
(b) in subsection (2) by repealing "Council" and substituting "Director";
(c) in subsection (3)---
(i) by repealing "Council" and substituting "Director";
(ii) by repealing "it" and substituting "the Director";
(iii) by repealing "by-law" and substituting "section";
(d) in subsection (4)---
(i) by repealing "paragraph" and substituting "subsection";
(ii) by repealing paragraph (a) and substituting---
"(a) any public officer authorized by the Director;";
(e) in subsection (5)---
(i) by repealing "by-law" and substituting "section";
(ii) by repealing "Council" wherever it appears and substituting "Director";
(iii) by repealing "these by-laws" and substituting "this Regulation";
(iv) by adding "due to the Government" at the end.
348. Cancellation of allocation at request of licensee
Section 35 is amended---
(a) by repealing "Council" and substituting "Director";
(b) by repealing "by-law" and substituting "section".
349. Fixed pitch licensees to be present on pitches at all reasonable times
Section 38 is amended by repealing "by-law" and substituting "section".
350. Fixed pitches to be kept in safe and clean condition
Section 39(2) is amended by repealing "by-law 31" and substituting "section 33".
351. Stalls for holders of fixed-pitch and temporary hawker licences
Section 40 is amended---
(a) in subsection (1)---
(i) by repealing "by-law" and substituting "section";
(ii) by repealing "Council" where it twice appears and substituting "Director";
(b) in subsection (2) by repealing "Council" and substituting "Director".
352. Erection of wall stalls permitted in certain cases
Section 41 is amended---
(a) by repealing "by-law" where it twice appears and substituting "section";
(b) by repealing "Council" wherever it appears and substituting "Director".
353. Stalls for holders of itinerant hawker licences
Section 42 is amended by repealing "Council" and substituting "Director".
354. Approval to be endorsed on licence
Section 43 is amended---
(a) by repealing "Council" and substituting "Director";
(b) by repealing "by-laws" and substituting "sections";
(c) by repealing "it" where it first appears and substituting "he".
355. Removal of stalls from pitches
Section 45(1) is amended by repealing "Council" and substituting "Director".
356. Stalls not to be joined
Section 47(b) is amended by repealing "Council" and substituting "Director".
357. Licensees not to place commodities and equipment outside pitches
Section 48 is amended by repealing "by-law" and substituting "section".
358. Use of tables and stools by holder of fixed-pitch hawker licences authorized to deal in drink or cooked food
Section 49 is amended---
(a) in subsection (1)---
(i) by repealing "by-law" where it twice appears and substituting "section";
(ii) by repealing "Council" and substituting "Director";
(iii) by repealing "it" where it first appears and substituting "him";
(iv) by repealing "it" where it secondly appears and substituting "he";
(b) in subsection (2)---
(i) by repealing "paragraph" and substituting "subsection";
(ii) by repealing "Council" and substituting "Director";
(c) in subsection (4)---
(i) by repealing "Council" and substituting "Director";
(ii) by repealing "paragraph" and substituting "subsection".
359. Equipment to be maintained in safe and clean condition
Section 50(2) is amended---
(a) by repealing "paragraph" and substituting "subsection";
(b) by repealing "Council" where it twice appears and substituting "Director".
360. Refuse bins to be provided
Section 51 is amended---
(a) in subsection (1) by repealing "paragraph" and substituting "subsection";
(b) in subsection (2) by repealing "Council" and substituting "Director";
(c) in subsection (3)---
(i) by repealing "by-law" and substituting "section";
(ii) by repealing "Council, or any officer of the Urban Services Department authorized by the Council" and substituting "Director, or any officer of the Department of Food and Environmental Hygiene authorized by the Director";
(iii) by repealing "it or";
(d) in subsection (4)---
(i) by repealing "by-law" and substituting "section";
(ii) by repealing "paragraph" and substituting "subsection";
(e) in subsection (5)---
(i) by repealing "paragraph" and substituting "subsection";
(ii) by repealing "Urban Services Department" and substituting "Department of Food and Environmental Hygiene";
(f) in subsection (7)---
(i) by repealing "Council" and substituting "Director";
(ii) by repealing "by-law" and substituting "section".
361. Special provisions relating to equipment to be provided by licensees dealing in drink or cooked food
Section 52 is amended---
(a) in subsection (1)---
(i) by repealing "by-law" and substituting "section";
(ii) in paragraphs (b) and (d) by repealing "Council" and substituting "Director";
(b) by repealing subsection (2) and substituting---
"(2) A hawker operating a cooked food stall under a fixed-pitch hawker licence authorizing him to deal in drink or cooked food shall use or allow to be used only wholesome water for the preparation of drink or food and the water shall be obtained---
(a) from Government water mains;
(b) from a source, other than such mains, that has been approved in writing by the Director.".
362. Licensee not to cause obstruction
Section 53 is amended---
(a) by renumbering it as section 53(1);
(b) by adding---
"(2) Neither a hawker nor an assistant shall behave towards any person in an importunate manner or in a manner calculated to obstruct, disturb or annoy a person.".
363. Electrical equipment not to be installed without approval of Director
Section 54 is amended---
(a) in subsection (1) by repealing "Council" and substituting "Director";
(b) in subsection (2) by repealing "paragraph" and substituting "subsection".
364. Licensee to comply with conditions of licence
Section 55(1) is amended---
(a) in paragraph (b) by repealing "by-law" and substituting "section";
(b) in paragraph (c)---
(i) by repealing "Council" and substituting "Director";
(ii) by repealing "these by-laws" and substituting "this Regulation".
365. Section added
The following is added---
"55A. Hawker bazaars
(1) Where the Director has established a hawker bazaar, he may, in a manner he thinks fit---
(a) allocate a pitch in the bazaar to any licensed hawker;
(b) specify the commodities that may be sold from a pitch.
(2) Where the Director specifies commodities under subsection (1)(b), a person shall not hawk any other commodities from that pitch.".
366. Offences and penalties
Section 56 is amended---
(a) in subsection (1) by repealing "by-law" and substituting "section";
(b) in subsection (2)---
(i) by repealing "by-laws" and substituting "sections";
(ii) by adding "12(1A)," before "13(1)";
(iii) by repealing "28(3), 28(4), 30(1)," and "33(3),";
(iv) by repealing "and 55" and substituting ", 55 and 55A(2)";
(c) in subsections (2A), (3) and (4) by repealing "by-law" and substituting "section";
(d) in subsection (5) by repealing "by-laws" and substituting "sections";
(e) by adding---
"(5A) A hawker who contravenes section 5A is guilty of an offence and is liable---
(a) on first conviction, to a fine at level 1; and
(b) on the second or subsequent conviction, to a fine at level 2.";
(f) in subsection (6) by repealing "Council" and substituting "Director";
(g) in subsection (7)---
(i) by repealing "these by-laws" and substituting "this Regulation";
(ii) by repealing "Council or any employee or agent of the Council" and substituting "Director or officer of the Department of Food and Environmental Hygiene";
(h) in subsection (8) by repealing "these by-laws" and substituting "this Regulation";
(i) in subsection (9) by repealing "paragraph" and substituting "subsection".
367. Magistrate may recommend cancellation or suspension of licence
Section 57 is amended---
(a) by repealing "these by-laws" where it twice appears and substituting "this Regulation";
(b) by repealing "by-law" and substituting "section";
(c) by repealing "Council" and substituting "Director".
368. Fees
The Schedule is repealed.
Hong Kong Cemetery, Happy Valley, Rules
369. Bands and photographs
Rule 4 of the Hong Kong Cemetery, Happy Valley, Rules (Cap. 132 sub. leg.) is amended by repealing "Director of Urban Services" and substituting "Director of Food and Environmental Hygiene".
Imported Game, Meat and Poultry Regulations
370. Interpretation
Section 2 of the Imported Game, Meat and Poultry Regulations (Cap. 132 sub. leg.) is amended by repealing the definition of "Authority" and substituting---
" "Authority" (監督) means the Director of Food and Environmental Hygiene;".
371. Name in which proceedings may be brought
Section 8 is amended by repealing everything after "regulations" and substituting "may be brought in the name of the Director of Food and Environmental Hygiene.".
Libraries Regulation
372. Citation
Section 1 of the Libraries Regulation (Cap. 132 sub. leg.) is repealed.
373. Application
Section 2 is repealed.
374. Interpretation
Section 3 is amended---
(a) by repealing "these by-laws" and substituting "this Regulation";
(b) in the definition of "borrower" by repealing "borrower's" and substituting "library";
(c) by repealing the definitions of "borrower's card" and "Council";
(d) in the definition of "librarian" by repealing "of the Regional Council";
(e) by repealing the definitions of "Regional Council borrower's card" and "Urban Council library card";
(f) by adding---
" "Director" (署長) means the Director of Leisure and Cultural Services;
"library card" (圖書證) means a card issued or taken to be issued under section 8;".
375. Times during which library open to the public
Section 5(1) and (3) is amended by repealing "Council" and substituting "Director".
376. Section substituted
Section 6 is repealed and the following substituted---
"6. Holder of library card may borrow library material
The holder of a valid library card may borrow, use library facilities and services and borrow library material for reading and use outside the library.".
377. Section substituted
Section 7 is repealed and the following substituted---
"7. Application and registration for library cards
A person who wishes to obtain a library card shall complete an application form supplied by the librarian.".
378. Library cards
Section 8 is amended---
(a) in subsection (1)---
(i) by repealing "by-law 7(1)" and substituting "section 7";
(ii) by repealing "Regional Council borrower's" and substituting "library";
(b) in subsection (2) by repealing "Regional Council borrower's" and substituting "library".
379. Cases where person may be required to deposit a sum of money or to have a guarantor
Section 9 is amended---
(a) by repealing everything from "Regional" to "7(3), the librarian" and substituting "library card the Director";
(b) by repealing "Council" and substituting "Director".
380. Applicant under 18 years of age
Section 10 is amended---
(a) in subsection (1) by repealing "Regional Council borrower's" and substituting "library";
(b) by repealing subsection (1A);
(c) in subsection (2) by repealing "paragraph" and substituting "subsection".
381. Guarantor
Section 11(2) is amended---
(a) by repealing "by-law 21 or 27" and substituting "section 21, 27, 28 or 29";
(b) by repealing "from a lending library" and substituting ", equipment or facilities".
382. Section substituted
Section 12 is repealed and the following substituted---
"12. Library card not transferable
A library card is not transferable.".
383. Section substituted
Section 13 is repealed and the following substituted---
"13. Borrower to report loss of library card
The holder of a library card shall forthwith report to the librarian in writing loss of the library card issued to him.".
384. New library card may be issued if card lost
Section 14 is amended---
(a) in subsection (1)---
(i) by repealing "Regional Council borrower's" where it twice appears and substituting "library";
(ii) by adding "on the payment of the appropriate fee determined under section 124J of the Ordinance" after "issued to him";
(b) by repealing subsection (2).
385. Restriction on number of items of library material to be borrowed
Section 16 is amended by repealing "Council" and substituting "Director".
386. Borrower may reserve library material not immediately available
Section 17 is repealed.
387. Library material borrowed to be returned within 14 days
Section 19(2) and (3) is amended by repealing "paragraph" and substituting "subsection".
388. Return of library material
Section 20 is amended---
(a) in subsection (1)---
(i) by repealing "in the Regional Council area" and substituting "directed by the librarian";
(ii) by repealing "Council" and substituting "Director";
(b) in subsection (2) by repealing "Council" and substituting "Director".
389. Charge for library material overdue
Section 21 is amended---
(a) in subsection (1)---
(i) by repealing "paragraph" and substituting "subsection";
(ii) by repealing "these by-laws" and substituting "this Regulation";
(b) in subsection (2) by repealing "paragraph" and substituting "subsection";
(c) in subsection (3)---
(i) by repealing "paragraph" where it twice appears and substituting "subsection";
(ii) by repealing everything from "Regional Council" to "Council" where it appears secondly;
(d) in subsection (4) by repealing "paragraph" where it twice appears and substituting "subsection".
390. Section substituted
Section 22 is repealed and the following substituted---
"22. Librarian may cancel or suspend library card
(1) The librarian may cancel or suspend a library card where he is of the opinion that its holder has contravened this Regulation.
(2) A person whose library card has been cancelled shall not, without the permission of the librarian, apply for a new library card.
(3) A person whose library card has been suspended shall not, during the period of suspension, without the permission of the librarian, apply for a new library card.".
391. Use of reference library
Section 23 is amended---
(a) in subsection (1) by repealing "these by-laws" and substituting "this Regulation";
(b) in subsection (2) by repealing "paragraph" and substituting "subsection".
392. Application of section 33
Section 26D is amended by repealing "by-law" where it twice appears and substituting "section".
393. Fees
Section 26F(2) is amended by repealing "by the Council from time to time" and substituting "under section 124J of the Ordinance".
394. Liability for library material not returned or damaged
Section 27 is amended---
(a) in subsection (1)---
(i) by repealing "Council" where it first appears and substituting "Government";
(ii) by repealing "to the Council" where it secondly appears;
(b) in subsection (2)---
(i) by repealing "these by-laws" and substituting "this Regulation";
(ii) by repealing "borrower's" and substituting "library";
(iii) by repealing "paragraph" and substituting "subsection";
(iv) by repealing "Council" where it first appears and substituting "Government";
(v) by repealing "to the Council" where it secondly appears;
(c) in subsection (3) by repealing "paragraph" and substituting "subsection";
(d) in subsection (4)---
(i) by repealing "by-law" and substituting "section";
(ii) by repealing "borrower's" and substituting "library";
(e) in subsection (5)---
(i) by repealing "borrower's" wherever it appears and substituting "library";
(ii) by repealing "by-law" and substituting "section";
(f) in subsection (6) by repealing "Council or any employee or agent of the Council" and substituting "Director or an officer of Leisure and Cultural Services Department".
395. Vehicle or conveyance not to be brought into library
Section 32(1) is amended---
(a) by repealing "paragraph" and substituting "subsection";
(b) by adding "is a baby pushchair carrying an infant or" after "conveyance" where it first appears.
396. Bags, suitcases, etc. to be deposited in cloak-room
Section 33 is amended---
(a) in subsection (2) by repealing "of $1.50" and substituting "determined under section 124J of the Ordinance";
(b) in subsection (4)---
(i) by repealing "Council" and substituting "Director";
(ii) by repealing "by-law" and substituting "section";
(c) in subsection (5) by repealing "by-law" and substituting "section";
(d) in subsection (6)---
(i) by repealing "paragraph" and substituting "subsection";
(ii) by repealing "Council" and substituting "Government".
397. Section added
The following is added---
"34B. Person with communicable ear disease not to wear headset
A person with a communicable ear disease shall not wear a headset provided by the library.".
398. Persons may be requested to leave in certain circumstances
Section 36 is amended---
(a) in subsection (1)(a) by repealing "these by-laws" and substituting "this Regulation";
(b) in subsection (2) by repealing "paragraph" and substituting "subsection".
399. False information
Section 37 is amended---
(a) in paragraph (b) by repealing "Regional Council borrower's" and substituting "library";
(b) by repealing paragraph (ba).
400. Librarian may exclude person infringing Regulation
Section 38 is amended---
(a) in subsection (1) by repealing "these by-laws" and substituting "this Regulation";
(b) in subsection (2) by repealing "by-law" and substituting "section".
401. Name in which proceedings may be brought
Section 39 is amended---
(a) in subsection (1)---
(i) by repealing "these by-laws" and substituting "this Regulation";
(ii) by repealing "Council" where it twice appears and substituting "Director";
(b) in subsection (2)---
(i) by repealing "these by-laws" and substituting "this Regulation";
(ii) by repealing "Council" and substituting "Director".
402. Appeal to the Director
Section 41 is amended---
(a) by repealing "these by-laws" and substituting "this Regulation";
(b) by repealing "Council" and substituting "Director".
403. Offences
Section 44 is amended by repealing "by-law" wherever it appears and substituting "section".
404. Section added
The following is added---
"45. Transitional and savings
(1) A valid card known immediately before 1 January 2000 as an Urban Council library card or a Regional Council borrower's card is taken to be a library card issued under section 8 and is to have effect as such.
(2) Without limiting subsection (1), any cancellation or suspension in force immediately before 1 January 2000 in respect of a card taken to be a library card under that subsection is to have effect as a cancellation or suspension (without interruption) in respect of a library card issued under this Regulation.".
Declaration of Markets Notice
405. Schedule amended
The Schedule to the Declaration of Markets Notice (Cap. 132 sub. leg.) is amended by adding---
"Aberdeen Market, Urban Council Aberdeen Complex 香港仔街市
Ap Le Chau Market 鴨脷洲街市
Ap Lei Chau Market, Ap Lei Chau Complex 鴨脷洲街市，鴨脷洲市政大廈
Apleichau West Industrial Area Cooked Food Market 鴨脷洲西岸工業邨熟食市場
Bowrington Road Market 鵝頸街市
Bridges Street Market 必列嗜士街街市
Causeway Bay Market 銅鑼灣街市
Central Market 中環街市
Centre Street Market 正街街市
Chai Wan Temporary Market 柴灣臨時街市
Electric Road Market 電氣道街市
Java Road Market 渣華道街市
Kut Shing Street Cooked Food Market 吉勝街熟食市場
Lee Chung Street Cooked Food Market 利眾街熟食市場
Lockhart Road Market 駱克道街市
Nam Long Shan Road Cooked Food Market 南朗山道熟食市場
North Point Market 北角街市
Quarry Bay Market 鰂魚涌街市
Sai Wan Ho Market 西灣河街市
Shau Kei Wan Market 筲箕灣街市
Shek Tong Tsui Market, Shek Tong Tsui Complex 石塘咀街市
Sheung Wan Market 上環街市
Smithfield Market 士美非路街市
Stanley Market 赤柱街市
Tang Lung Chau Market 燈籠洲街市
Tin Wan Market 田灣街市
Wan Chai Market 灣仔街市
Wan Chai Temporary Market 灣仔臨時街市
Wong Nai Chung Market 黃泥涌街市
Yue Kwong Road Market 漁光道街市
Yue Wan Market 漁灣街市
Boundary Street Market 界限街街市
Cha Kwo Ling Market 茶菓嶺街市
Cheung Sha Wan Cooked Food Market 長沙灣熟食市場
Choi Hung Road Market 彩虹道街市
Fa Yuen Street Market 花園街街市
Haiphong Road Temporary Market 海防道臨時街市
Hip Wo Street Temporary Market 協和街臨時街市
Hung Hom Market, Hung Hom Complex 紅磡街市
Kimberley Street Market 金巴利街街市
Kowloon City Market 九龍城街市
Kwun Chung Market, Kwun Chung Complex 官涌街市
Kwun Tong Ferry Concourse Cooked Food Market 觀塘碼頭熟食市場
Lai Wan Market 荔灣街市
Mong Kok Market 旺角街市
Nelson Street Temporary Cooked Food Market 奶路臣街臨時熟食市場
Ngau Chi Wan Market 牛池灣街市
Ngau Tau Kok Market 牛頭角街市
On Ching Road Flower Market 安靜道生花街市
Pei Ho Street Market 北河街街市
Po On Road Market 保安道街市
Sheung Fung Street Market 雙鳳街街市
Shui Wo Street Market 瑞和街街市
Soy Street Temporary Cooked Food Market 豉油街臨時熟食市場
Sze Shan Street Cooked Food Market 四山街熟食市場
Tai Kok Tsui Temporary Market 大角咀臨時街市
Tai Shing Street Market 大成街街市
To Kwa Wan Market 土瓜灣街市
Tsun Yip Cooked Food Market 駿業熟食市場
Tung Chau Street Temporary Market 通州街臨時街市
Tung Yuen Street Cooked Food Market 東源街熟食市場
Yau Ma Tei Market 油蔴地街市
Yuen Ling Market 元嶺街市".
Milk Regulation
406. Citation
Section 1 of the Milk Regulation (Cap. 132 sub. leg.) is repealed.
407. Application
Section 2 is repealed.
408. Interpretation
Section 3 is amended---
(a) by repealing "these bylaws" and substituting "this Regulation";
(b) in the definition of "business as a milk factory" by repealing "bylaw" and substituting "section";
(c) by repealing the definition of "Council";
(d) in the definitions of "full licence" and "provisional licence" by repealing "bylaw" and substituting "section";
(e) by adding---
" "Director" (署長) means the Director of Food and Environmental Hygiene;".
409. Amendment of Schedule 1
Section 4 is amended by repealing "Council" and substituting "the Secretary for the Environment and Food".
410. Permits to sell milk or milk beverage
Section 5 is amended---
(a) in subsection (1) by repealing "Council granted under by-law 31 of the Food Business (Urban Council) By-laws" and substituting "Director granted under section 30 of the Food Business Regulation";
(b) in subsection (2)---
(i) by repealing "paragraph" and substituting "subsection";
(ii) by repealing "Council" and substituting "Director";
(iii) by repealing "it" and substituting "he".
411. Restriction on sale, etc. of imported milk or milk beverage
Section 5A is amended---
(a) in subsection (1) by repealing "Council" and substituting "Director";
(b) in subsection (2)---
(i) by repealing "bylaw" and substituting "section";
(ii) by repealing "Council" and substituting "Director";
(iii) by repealing "it" and substituting "he";
(c) in subsection (3) by repealing "paragraph" and substituting "subsection".
412. Prohibition of sale of milk or milk beverage in certain cases
Section 6(2) is amended by repealing "bylaw" and substituting "section".
413. Milk or milk beverage to be heat-treated before sale
Section 7 is amended by repealing "bylaw" and substituting "section".
414. Milk not to be sold except in approved containers
Section 9 is amended---
(a) by repealing "Council" and substituting "Director";
(b) by repealing "bylaw" and substituting "section".
415. As to beverages resembling, etc. milk
Section 11 is amended---
(a) in subsection (1) by repealing "Council" and substituting "Director";
(b) in subsection (2)---
(i) by repealing "paragraph" where it twice appears and substituting "subsection";
(ii) by repealing "Council under the Food Business (Urban Council) By-laws" and substituting "Director under the Food Business Regulation".
416. Precautions against contamination of milk, etc.
Section 12 is amended by repealing "bylaw" and substituting "section".
417. Business of milk factory not to be carried out except by licence
Section 14 is amended---
(a) in subsection (1) by repealing "Council" and substituting "Director";
(b) in subsection (2) by repealing "bylaw" and substituting "section";
(c) in subsection (3)---
(i) by repealing "bylaw" and substituting "section";
(ii) by repealing "Council under the Food Business (Urban Council) By-laws" and substituting "Director under the Food Business Regulation".
418. Application for licence
Section 15 is amended---
(a) in subsection (1) by repealing "Secretary of the Council" and substituting "Director";
(b) in subsection (2)---
(i) by repealing "Council" where it first and thirdly appears and substituting "Director";
(ii) by repealing "Secretary of the Council" and substituting "Director".
419. Full licence
Section 16(1) is amended---
(a) by repealing "Council" where it first and secondly appears and substituting "Director";
(b) in paragraph (a)---
(i) by repealing "bylaw" and substituting "section";
(ii) by repealing "Council" and substituting "Director";
(c) in paragraph (d)---
(i) by repealing "Council" where it twice appears and substituting "Director";
(ii) by repealing "its" and substituting "his";
(iii) by repealing "it" and substituting "he";
(d) in paragraph (e)(iii) by repealing "sub-subparagraph" and "subparagraph";
(e) in paragraph (i) by repealing "Council" and substituting "Director".
420. Provisional licence
Section 16A is amended---
(a) in subsection (1)---
(i) by repealing "Council" where it twice appears and substituting "Director";
(ii) by repealing "bylaw" and substituting "section";
(b) in subsection (2) by repealing "Council" where it twice appears and substituting "Director";
(c) in subsection (3) by repealing "paragraph" and substituting "subsection";
(d) in subsection (4) by repealing "Council" and substituting "Director";
(e) in subsection (5) by repealing "paragraph" where it twice appears and substituting "subsection".
421. Restriction on alterations or additions to licensed premises
Section 17 is amended---
(a) by repealing "Council" and substituting "Director";
(b) by repealing "bylaw" where it twice appears and substituting "section";
(c) by repealing "paragraph" and substituting "subsection".
422. Transfer of licence
Section 17A is amended by repealing "Council" and substituting "Director".
423. Prohibition of possession of contaminated or adulterated milk or milk beverage by licensees under this Part
Section 18(2) is amended by repealing "bylaw" and substituting "section".
424. Requirements as to heat-treatment apparatus
Section 19 is amended---
(a) in subsection (2) by repealing "Council" where it twice appears and substituting "Director";
(b) in subsection (3) by repealing "paragraph" and substituting "subsection".
425. Control of heat-treatment of milk or milk beverage from outside Hong Kong
Section 20 is amended by repealing "Council" and substituting "Director".
426. Certain ingredients not to be used in the reconstitution of milk or milk beverage
Section 21 is amended---
(a) in subsection (1) by repealing "Council" where it twice appears and substituting "Director";
(b) in subsection (2)---
(i) by repealing "Council" and substituting "Director";
(ii) by repealing "its" and substituting "his";
(iii) by repealing "paragraph" and substituting "subsection".
427. Construction and design of vessels or containers
Section 23 is amended by repealing "Council" and substituting "Director".
428. Sterilization of vessels and utensils
Section 24 is amended by repealing "Council" where it twice appears and substituting "Director".
429. Spitting
Section 29(3) is amended by repealing "Council" and substituting "Director".
430. Prevention of vermin
Section 31(1) is amended by repealing "Council" and substituting "Director".
431. Cleansing of water tanks
Section 33(2) is amended by repealing "paragraph" and substituting "subsection".
432. General precautions against contamination of milk or milk beverage
Section 34 is amended by repealing "these bylaws" and substituting "this Regulation".
433. Restriction on employment of persons likely to spread disease
Section 35(1), (3), (4) and (5) is amended by repealing "paragraph" wherever it appears and substituting "subsection".
434. Immunization of staff against certain diseases
Section 36 is amended---
(a) in subsections (1) and (2) by repealing "paragraph" wherever it appears and substituting "subsection";
(b) in subsection (3) by repealing "Council" and substituting "Director".
435. Prevention of supply of milk or milk beverage to the danger of public health
Section 37 is amended---
(a) in subsection (2)---
(i) by repealing "paragraph" and substituting "subsection";
(ii) by repealing "Urban Services Appeals Board" and substituting "Municipal Services Appeals Board";
(b) in subsection (3) by repealing "Urban Services Appeals Board" and substituting "Municipal Services Appeals Board".
436. Keeping of report books
Section 38(1) is amended by repealing "Council" and substituting "Director".
437. Fees and duplicate licence
Section 39 is amended---
(a) in subsection (2) by repealing "fee as determined by the Council under section 56B(1) of the Ordinance" and substituting "prescribed fee";
(b) in subsection (2A)---
(i) by repealing "bylaw" and substituting "section";
(ii) by repealing "appropriate" and substituting "prescribed";
(c) in subsection (3)---
(i) by repealing "Council" where it first appears and substituting "Director";
(ii) by repealing "Council may, upon payment of the fee as determined by the Council under section 56B(1) of the Ordinance" and substituting "Director may, upon payment of the prescribed fee".
438. Offences and penalties
Section 40 is amended---
(a) in subsection (1)---
(i) by repealing "bylaw" wherever it appears and substituting "section";
(ii) by repealing "paragraph" wherever it appears and substituting "subsection";
(b) in subsection (2)---
(i) by repealing "these bylaws" and substituting "this Regulation";
(ii) in paragraph (a) by repealing "bylaw" and substituting "section";
(iii) in paragraph (b) by repealing "paragraph" and substituting "subsection".
439. Name in which proceedings for offences may be brought
Section 41 is amended---
(a) by repealing "these bylaws" and substituting "this Regulation";
(b) by repealing "Council" and substituting "Director".
440. Methods of heat-treatment
Schedule 1 is amended by repealing "[bylaws 3 & 4]" and substituting "[ss. 3 & 4]".
Mineral Oil in Food Regulations
441. Name in which proceedings for offences may be brought
Regulation 6 of the Mineral Oil in Food Regulations (Cap. 132 sub. leg.) is amended by repealing everything after "regulations" and substituting "may be brought in the name of the Director of Food and Environmental Hygiene.".
Museums Regulation
442. Citation
Section 1 of the Museums Regulation (Cap. 132 sub. leg.) is repealed.
443. Application
Section 2 is repealed.
444. Interpretation
Section 3 is amended---
(a) by repealing "these by-laws" and substituting "this Regulation";
(b) by repealing the definition of "Council";
(c) in the definitions of "Head of Museum" and "member of the staff" by repealing "of Regional Services";
(d) by adding---
" "Director" (署長) means the Director of Leisure and Cultural Services;".
445. Administration of museums
Section 4 is amended by repealing "Council" and substituting "Director".
446. Times when museums are open to public
Section 5(1) is amended by repealing "Council" and substituting "Director".
447. Circumstances under which persons may be refused entry into a museum
Section 6 is amended---
(a) in subsection (1)(b) by repealing "these by-laws" and substituting "this Regulation";
(b) in subsections (4) and (5) by repealing "paragraph" and substituting "subsection".
448. Articles to be deposited in cloakroom
Section 8 is amended---
(a) in subsection (1)---
(i) by repealing "paragraph" and substituting "subsection";
(ii) by repealing "by-laws" and substituting "sections";
(b) in subsection (2) by repealing "Paragraph" and substituting "Subsection";
(c) in subsection (3) by repealing "paragraph" and substituting "subsection";
(d) in subsection (6) by repealing "Council" and substituting "Director";
(e) in subsection (8)---
(i) by repealing "paragraph" and substituting "subsection";
(ii) by repealing "Council" and substituting "Government".
449. Copying, etc., of exhibits
Section 9 is amended---
(a) in subsection (2) by repealing "Council" and substituting "Director";
(b) in subsection (3)---
(i) by repealing "paragraph" and substituting "subsection";
(ii) by repealing "Council" and substituting "Director".
450. Recovery of cost of repairs, etc. of damage to walls, exhibits, etc.
Section 11 is amended---
(a) in subsection (1) by repealing "by-law" and substituting "section";
(b) in subsection (2)---
(i) by repealing "by-law" and substituting "section";
(ii) by repealing "Council" and substituting "Director".
451. Erection of structures and trading
Section 13 is amended---
(a) in subsections (1)(b) and (2) by repealing "Council" and substituting "Director";
(b) in subsection (3)---
(i) by repealing "paragraph" and substituting "subsection";
(ii) by repealing "Council" and substituting "Government".
452. Appeals
Section 15 is amended---
(a) in subsection (1) by repealing "Council" and substituting "Director";
(b) in subsection (2)---
(i) by repealing "paragraph" and substituting "subsection";
(ii) by repealing "Council" and substituting "Director".
453. Offences and penalties
Section 16 is amended by repealing "by-law" wherever it appears and substituting "section".
454. Name in which proceedings for offences may be brought
Section 17 is amended---
(a) in subsection (1)---
(i) by repealing "these by-laws" and substituting "this Regulation";
(ii) by repealing "Council" and substituting "Government";
(b) in subsection (2)---
(i) by repealing "these by-laws" and substituting "this Regulation";
(ii) by repealing "Council" and substituting "Director".
Declaration of Offensive Trades Notice
455. Paragraph amended
The first paragraph of the Declaration of Offensive Trades Notice (Cap. 132 sub. leg.) is amended by repealing "in the Regional Council area".
Offensive Trades Regulation
456. Citation
Section 1 of the Offensive Trades Regulation (Cap. 132 sub. leg.) is repealed.
457. Application
Section 2 is repealed.
458. Interpretation
Section 3 is amended---
(a) by repealing "these by-laws" and substituting "this Regulation";
(b) by repealing the definition of "Council";
(c) in the definition of "licensee" by repealing "these by-laws" and substituting "this Regulation";
(d) by adding---
" "Director" (署長) means the Director of Food and Environmental Hygiene;".
459. Licence necessary to carry on offensive trade
Section 4 is amended---
(a) by repealing "in any part of the Regional Council area";
(b) by repealing "the Council" and substituting "the Director".
460. Term of licence, etc.
Section 5 is amended---
(a) in subsection (2) by repealing "Council" where it twice appears and substituting "Director";
(b) in subsection (3) by repealing "appropriate fee as determined by the Council under section 49A(1) of the Ordinance" and substituting "prescribed fee".
461. Application for licence
Section 9 is amended---
(a) in subsection (1)---
(i) by repealing "Council" and substituting "Director";
(ii) by repealing "paragraph" and substituting "subsection";
(b) in subsection (2)(a)(iv) by repealing "Council" and substituting "Director";
(c) in subsection (3) by repealing "paragraph" and substituting "subsection";
(d) in subsection (4) by repealing "Council" wherever it appears and substituting "Director".
462. Conditions for the issue of licence
Section 10 is amended---
(a) in subsection (1)---
(i) by repealing "Council" where it first and secondly appears and substituting "Director";
(ii) in paragraph (a)---
(A) by repealing "Council" and substituting "Director";
(B) by repealing "by-law" and substituting "section";
(iii) in paragraph (d) in the proviso---
(A) by repealing "Council" and substituting "Director";
(B) by repealing "it" and substituting "he";
(iv) in paragraph (e) in the proviso---
(A) by repealing "Council" where it twice appears and substituting "Director";
(B) by repealing "its" and substituting "his";
(C) by repealing "it" and substituting "he";
(v) in paragraphs (f) and (h) by repealing "paragraph" and substituting "subsection";
(b) in subsection (2)---
(i) by repealing "Council" where it twice appears and substituting "Director";
(ii) by repealing "paragraph" and substituting "subsection";
(iii) by repealing "sub-paragraph" and substituting "paragraph".
463. Restriction on alteration of premises
Section 11 is amended---
(a) by repealing "Council" and substituting "Director";
(b) by repealing "by-law" where it twice appears and substituting "section".
464. Use for sleeping purposes
Section 17 is amended by repealing "Council" where it twice appears and substituting "Director".
465. Power to grant exemption
Section 19 is amended---
(a) by repealing "Council" and substituting "Director";
(b) by repealing "by-laws" and substituting "sections".
466. Free access by Director and health officers
Section 20 is amended by repealing "Council and its officers" and substituting "Director or a public officer authorized by him".
467. Offences and penalties
Section 23 is amended by repealing "by-law" where it twice appears and substituting "section".
468. Name in which proceedings for offences may be brought
Section 24 is amended---
(a) by repealing "these by-laws" and substituting "this Regulation";
(b) by repealing "Council" and substituting "Director".
Places of Amusement Regulation
469. Citation
Section 1 of the Places of Amusement Regulation (Cap. 132 sub. leg.) is repealed.
470. Application
Section 2 is repealed.
471. Interpretation
Section 3 is amended---
(a) by repealing "these bylaws" and substituting "this Regulation";
(b) by repealing the definition of "Council";
(c) by adding---
""Director" (署長) means the Director of Leisure and Cultural Services;".
472. Term, fee and condition of licence
Section 4 is amended---
(a) in subsection (2) by repealing "fee as determined by the Council under section 92BA(1) of the Ordinance" and substituting "prescribed fee";
(b) in subsection (3) by repealing "Council" where it twice appears and substituting "Director".
473. Application for the grant, renewal or transfer of licence
Section 5 is amended---
(a) in subsection (1) by repealing "Council" where it twice appears and substituting "Director";
(b) in subsection (2)---
(i) by repealing "Council" where it twice appears and substituting "Director";
(ii) in paragraph (a) by repealing "these bylaws" and substituting "this Regulation".
474. Fee for duplicate and amendment of licence
Section 6 is amended---
(a) by repealing "Council" where it first and secondly appears and substituting "Director";
(b) by repealing "fee as determined by the Council under section 92BA(1) of the Ordinance" and substituting "prescribed fee".
475. Refusal and revocation
Section 7 is amended---
(a) by repealing "Council" where it twice appears and substituting "Director";
(b) by repealing "bylaw" and substituting "section".
476. Licensee not to carry on licensed activity on other premises
Section 9 is amended by repealing "Council" and substituting "Director".
477. Business hours
Section 12 is amended by repealing "Council" and substituting "Director".
478. Sanitary conveniences
Section 15 is amended by repealing "Council" and substituting Director".
479. Restriction on alteration of premises
Section 17 is amended by repealing "Council" and substituting "Director".
480. Entry and inspection
Section 18 is amended---
(a) in subsection (1) by repealing "Council" wherever it appears and substituting "Director";
(b) in subsection (2) by repealing "paragraph" where it twice appears and substituting "subsection".
481. Offences and penalties
Section 19 is amended by repealing "bylaw" and substituting "section".
482. Name in which proceedings for offences may be brought
Section 20 is amended---
(a) by repealing "these bylaws" and substituting "this Regulation";
(b) by repealing "Council" and substituting "Director".
483. Outdoor sign and notice
Section 22 is amended by repealing "Council" and substituting "Director".
484. Restrictions on admittance to billiard establishments
Section 22C is amended by repealing "Council" and substituting "Director".
485. Outdoor sign
Section 24 is amended by repealing "Council" and substituting "Director".
486. Outdoor sign
Section 26 is amended by repealing "Council" and substituting "Director".
487. Outdoor sign
Section 28 is amended by repealing "Council" and substituting "Director".
488. Schedule amended
Schedule 1 is amended by repealing "[bylaw 4]" and substituting "[s. 4]".
489. Forms
Schedule 2 is amended---
(a) in Form 1---
(i) by repealing "[bylaw 21]" and substituting "[s. 21]";
(ii) by repealing "PLACES OF AMUSEMENT (URBAN COUNCIL) BYLAWS" and substituting "PLACES OF AMUSEMENT REGULATION";
(iii) by repealing "Secretary, Urban Council." and substituting "Director of Leisure and Cultural Services";
(b) in Form 2---
(i) by repealing "[bylaw 23]" and substituting "[s. 23]";
(ii) by repealing "PLACES OF AMUSEMENT (URBAN COUNCIL) BYLAWS" and substituting "PLACES OF AMUSEMENT REGULATION";
(iii) by repealing "Secretary, Urban Council." and substituting "Director of Leisure and Cultural Services";
(c) in Form 3---
(i) by repealing "[bylaw 25]" and substituting "[s. 25]";
(ii) by repealing "PLACES OF AMUSEMENT (URBAN COUNCIL) BYLAWS" and substituting "PLACES OF AMUSEMENT REGULATION";
(iii) by repealing "Secretary, Urban Council." and substituting "Director of Leisure and Cultural Services";
(d) in Form 4---
(i) by repealing "[bylaw 27]" and substituting "[s. 27]";
(ii) by repealing "PLACES OF AMUSEMENT (URBAN COUNCIL) BYLAWS" and substituting "PLACES OF AMUSEMENT REGULATION";
(iii) by repealing "Secretary, Urban Council." and substituting "Director of Leisure and Cultural Services".
490. Notice to be displayed at the entrance of a billiard establishment
Schedule 3 is amended---
(a) by repealing "[bylaw 22(b)]" and substituting "[s. 22(b)]";
(b) by repealing "URBAN COUNCIL" and substituting "DIRECTOR OF LEISURE AND CULTURAL SERVICES";
(c) by repealing "市政局" and substituting "康樂及文化事務署署長".
Pleasure Grounds Regulation
491. Citation
Section 1 of the Pleasure Grounds Regulation (Cap. 132 sub. leg.) is repealed.
492. Application
Section 2 is repealed.
493. Interpretation
Section 3 is amended---
(a) by repealing "these bylaws" and substituting "this Regulation";
(b) by repealing the definition of "Council";
(c) in the definition of "pleasure ground" by repealing ", which is situated in the Urban Council area";
(d) by adding---
""Director" (署長) means the Director of Leisure and Cultural Services;".
494. Hours of opening and closing
Section 4 is amended---
(a) by repealing "Council" where it twice appears and substituting "Director";
(b) by repealing "bylaw" and substituting "section".
495. Admission charges
Section 5 is amended---
(a) in subsection (1) by repealing everything after "ground" and substituting "shall pay the appropriate fee determined under section 124J of the Ordinance.";
(b) in subsection (2)---
(i) by repealing "Council" where it first appears and substituting "Director";
(ii) by repealing "Council may determine" and substituting "Director may determined under section 124J of the Ordinance".
496. Persons not to enter closed pleasure grounds
Section 6 is amended by repealing "bylaw" and substituting "section".
497. Protection of property
Section 8 is amended---
(a) in paragraph (b), by repealing "or" at the end;
(b) in paragraph (c) by repealing the full stop and substituting "; or";
(c) by adding---
"(d) light a fire for cooking purposes other than in area set aside by the Director for use by the public for cooking.".
498. Protection of artificial lakes, ponds, birds and animals
Section 11 is amended---
(a) in paragraph (c)---
(i) by repealing "or destroy" where it twice appears and substituting ", destroy or release";
(ii) by repealing "or worry" and substituting ", worry or release";
(b) in paragraph (d) by repealing "or destroy" and substituting "destroy or remove";
(c) in paragraph (e)---
(i) by repealing "or destroy" and substituting "destroy or release";
(ii) by repealing "or destruction" and substituting ", destruction or release";
(d) in paragraph (g) by adding "or found" after "kept".
499. Section substituted
Section 13 is repealed and the following substituted---
"13. Cattle, sheep, goats, etc.
(1) A person shall not bring or cause to be brought into a pleasure ground any cattle, equines, sheep, goats, pigs or poultry or any beast of draught or burden, other than under an agreement with the Director or unless he is otherwise authorized to do so.
(2) An animal found in a pleasure ground in contravention of subsection (1) may be seized by the keeper and delivered into the custody of a police officer.
(3) An animal delivered into the custody of a police officer under subsection (2) is taken to have been seized by the police officer under the Pounds Ordinance (Cap. 168).".
500. Vehicles
Section 14 is amended---
(a) in subsection (1)---
(i) by adding "hand cart," after "barrow,";
(ii) by repealing "Council" and substituting "Director";
(iii) by repealing "bylaw" and substituting "section";
(b) in subsection (2) by repealing "paragraph" and substituting "subsection";
(c) in subsection (3)(b) by repealing "Council" and substituting "Director".
501. Bills and notices
Section 15 is amended---
(a) by repealing "Council" where it twice appears and substituting "Director";
(b) by adding "distribute any bill, placard or notice or" after "shall".
502. Missiles, guns, catapults, etc.
Section 16 is amended by repealing "bylaw" and substituting "section".
503. Parts of pleasure grounds set aside for specified games
Section 18 is amended---
(a) in subsection (1)---
(i) by repealing "Council" and substituting "Director";
(ii) by repealing "set apart" and substituting "set aside";
(b) in subsection (2)---
(i) by repealing "set apart" and substituting "set aside";
(ii) by repealing "bylaw shall" and substituting "section shall, without the permission of the Director,";
(iii) in paragraph (a) by repealing "set apart" and substituting "set aside";
(iv) in paragraph (c)---
(A) by repealing "begin to" where it twice appears;
(B) by repealing "Council" and substituting "Director";
(v) by repealing paragraphs (d) and (e);
(c) by repealing subsections (2A), (3), (4), (5) and (7).
504. Prohibition of games being played when the condition of the ground is unfit
Section 19 is amended by repealing "set apart by the Council" and substituting "set aside by the Director".
505. Erection of structures, trading and camping
Section 20 is amended---
(a) in subsection (1)---
(i) in paragraph (a)---
(A) by adding "statue or other sculpture," after "stand,";
(B) by repealing "Council" and substituting "Director";
(ii) in paragraphs (c) and (d) by repealing "Council" and substituting "Director";
(b) in subsection (2)---
(i) by adding "statue or other sculpture," after "stand," where it twice appears;
(ii) by repealing "Council" where it twice appears and substituting "Director";
(iii) by repealing "removal and sale" and substituting "repairing damages (if any) to facilities and the removal and sale of the materials referred to in subsection (1)(a), (b) and (c)";
(c) in subsection (3)---
(i) by repealing "Council" and substituting "Director";
(ii) by repealing "paragraph" and substituting "subsection";
(iii) by repealing "removal and sale" and substituting "repairing damages (if any) to facilities and the removal and sale of the materials referred to in subsection (1)(a), (b) and (c)".
506. Section substituted
Section 21 is repealed and the following substituted---
"21. Obstruction to visitors and keepers
A person shall not, in any pleasure ground---
(a) obstruct, disturb or annoy any other person in the proper use of the playground;
(b) obstruct, disturb or interrupt a keeper or other public officer in the execution of his duties or a person or an employee of any person lawfully employed or engaged by a keeper or public officer for the execution of any work in connection with the laying out or maintenance of the pleasure ground;
(c) without the permission of a keeper, enter or remain in or in any other way trespass on any part which is maintained by the Director for storage, offices or other administrative purpose or as a workplace.".
507. Prohibition of tampering with hot wax
Section 23A(2) is amended by repealing "paragraph" and substituting "subsection".
508. Children's playgrounds
Section 24 is amended by repealing "Council" where it twice appears and substituting "Director".
509. Music and singing
Section 25 is amended by repealing "Council" and substituting "Director".
510. Public addresses, etc.
Section 28 is amended by repealing "Council" and substituting "Director".
511. Offences and penalties
Section 30 is amended by repealing "bylaw" where it twice appears and substituting "section".
512. Name in which proceedings for offences may be brought
Section 31 is amended---
(a) by repealing "these bylaws" and substituting "this Regulation";
(b) by repealing "Council" and substituting "Director".
513. Power to remove persons contravening this Regulation, etc.
Section 32 is amended---
(a) by repealing "these bylaws" and substituting "this Regulation";
(b) by repealing "bylaw" and substituting "section";
(c) by repealing "Council" and substituting "Director".
514. Schedule repealed
The Schedule is repealed.
Preservatives in Food Regulations
515. Name in which proceedings for offences
may be brought
Section 10 of the Preservatives in Food Regulations (Cap. 132 sub. leg.) is amended by repealing everything after "regulations" and substituting "may be brought in the name of the Director of Food and Environmental Hygiene.".
516. Amendment of First Schedule
Section 11 is amended by repealing "Director of Health" and substituting "Director of Food and Environmental Hygiene".
Private Cemeteries Regulation
517. Citation
Section 1 of the Private Cemeteries Regulation (Cap. 132 sub. leg.) is repealed.
518. Interpretation
Section 2 is amended---
(a) by repealing "these by-laws" and substituting "this Regulation";
(b) by repealing the definition of "Council";
(c) by repealing the definition of "Director" and substituting---
""Director" (署長) means the Director of Food and Environmental Hygiene;".
519. Management
Section 3 is amended by repealing "Council" wherever it appears and substituting "Director".
520. Building work subject to consent of Director
Section 4 is amended---
(a) in subsection (1) by repealing "Council" and substituting "Director";
(b) in subsection (2)---
(i) by repealing "Council" where it twice appears and substituting "Director";
(ii) by repealing "it" and substituting "he";
(c) in subsection (3) by repealing "by-law" and substituting "section".
521. Register of burials
Section 5 is amended---
(a) in subsection (3) by repealing "paragraph" and substituting "subsection";
(b) in subsection (4) by repealing "Council" and substituting "Director".
522. Allocation and size of grave spaces
Section 6 is amended---
(a) in subsection (3) by repealing "paragraph" where it twice appears and substituting "subsection";
(b) in subsection (7) by repealing "by-law" and substituting "section";
(c) in subsection (8) by repealing "Paragraphs" and substituting "Subsections".
523. Certain permits or certificates to be produced at time of interment
Section 7(b) is amended by repealing "Council" and substituting "Director".
524. Numbering of graves, etc.
Section 8 is amended by repealing "by-law" and substituting "section".
525. Burial in vaults
Section 11(3) is amended by repealing "paragraph" and substituting "subsection".
526. Scattering of ashes after cremation
Section 12 is amended by repealing "these by-laws" and substituting "this Regulation".
527. Offences and penalties
Section 13 is amended---
(a) in subsection (1)---
(i) in paragraph (a) by repealing "Council" and substituting "Director";
(ii) in paragraph (b) by repealing "by-law" wherever it appears and substituting "section";
(b) in subsection (2) by repealing "by-law" and substituting "section".
528. Name in which proceedings for offences may be brought
Section 14 is amended---
(a) by repealing "these by-laws" and substituting "this Regulation";
(b) by repealing "Council" and substituting "Director".
529. Fees
Section 15 is amended---
(a) in subsections (1) and (2) by repealing "Council" and substituting "Director";
(b) in subsection (3)---
(i) by repealing "Council" and substituting "Director";
(ii) by repealing "paragraph" and substituting "subsection";
(c) in subsection (4)---
(i) by repealing "paragraph" and substituting "subsection";
(ii) in paragraph (ii) by repealing "by-law" and substituting "section";
(d) in subsection (5)---
(i) by repealing "Paragraph" and substituting "Subsection";
(ii) by repealing "Council" and substituting "Director";
(iii) by repealing "paragraph" and substituting "subsection".
530. Particulars to be recorded in register
The Schedule is amended by repealing "[by-law 5(1)]" and substituting "[s. 5(1)]".
Private Markets Regulation
531. Citation
Section 1 of the Private Markets Regulation (Cap. 132 sub. leg.) is repealed.
532. Application
Section 2 is repealed.
533. Interpretation
Section 3 is amended---
(a) by repealing "these by-laws" and substituting "this Regulation";
(b) by repealing the definition of "Council";
(c) in the definition of "licensed stallholder" by repealing "by-law" and substituting "section";
(d) by adding---
""Director" (署長) means the Director of Food and Environmental Hygiene;".
534. Registration of private markets
Section 4 is amended---
(a) in subsections (1) and (2) by repealing "Council" wherever it appears and substituting "Director";
(b) in subsection (3)---
(i) by repealing "paragraph" and substituting "subsection";
(ii) by repealing "Council" and substituting "Director";
(iii) by repealing "it" and substituting "he";
(c) in subsection (4)---
(i) by repealing "Council" and substituting "Director";
(ii) by repealing "paragraph" and substituting "subsection";
(d) in subsection (5) by repealing "Council" where it twice appears and substituting "Director";
(e) in subsection (7) by repealing "Council" and substituting "Director".
535. Restriction on alteration of market building or stalls
Section 5 is amended by repealing "Council" and substituting "Director".
536. Maintenance and repair of markets
Section 6 is amended---
(a) in subsection (1) by repealing "Council" wherever it appears and substituting "Director";
(b) in subsection (2)---
(i) by repealing "paragraph" and substituting "subsection";
(ii) by repealing "Council" and substituting "Director".
537. Stalls in private markets to be numbered and classified
Section 7 is amended---
(a) in subsections (1) and (2) by repealing "Council" and substituting "Director";
(b) in subsection (3) by repealing "paragraph" and substituting "subsection".
538. Restrictions on sale of commodities in private markets
Section 8 is amended by repealing "Council" where it twice appears and substituting "Director".
539. Annual Account
Section 9 is amended---
(a) in subsection (1) by repealing "Council" and substituting "Director";
(b) in subsection (2)---
(i) by repealing "paragraph" and substituting "subsection";
(ii) by repealing "Council" wherever it appears and substituting "Director".
540. Copies of Regulation to be posted
Section 10 is amended by repealing "these by-laws" and substituting "this Regulation".
541. Power of Director to prescribe hours during which private market to be closed to public
Section 11 is amended---
(a) in subsection (1) by repealing "Council" and substituting "Director";
(b) in subsection (2)---
(i) by repealing "Council" and substituting "Director";
(ii) by repealing "it" and substituting "he";
(c) in subsection (3) by repealing "Council" where it twice appears and substituting "Director".
542. Cleanliness of private markets
Section 12 is amended---
(a) in subsection (2) by repealing "Council" and substituting "Director";
(b) in subsection (3)---
(i) by repealing "paragraph" and substituting "subsection";
(ii) by repealing "Council" and substituting "Director".
543. Restriction on cleaving of carcasses and plucking, etc. of poultry
Section 16(2) is amended by repealing "Council" and substituting "Director".
544. Licensing of stallholders
Section 22 is amended---
(a) in subsections (1) and (3) by repealing "Council" and substituting "Director";
(b) in subsection (4)---
(i) by repealing "Council" and substituting "Director";
(ii) by repealing "it" and substituting "he";
(c) in subsection (5)---
(i) by repealing "Council" where it twice appears and substituting "Director";
(ii) by repealing "its" where it twice appears and substituting "his".
545. Stall cards
Section 23 is amended by repealing "Council" where it twice appears and substituting "Director".
546. Register of employees of licensed stallholder
Section 24 is amended---
(a) in subsection (1) by repealing "Council" and substituting "Director";
(b) in subsection (2) by repealing "Regional Services Department" and substituting "Department of Food and Environmental Hygiene".
547. Cleanliness of stalls
Section 25 is amended by repealing "Council" and substituting "Director".
548. Offences and penalties
Section 27 is amended---
(a) in subsections (1) to (4) by repealing "by-law" and substituting "section";
(b) in subsection (5)---
(i) by repealing "by-law" where it twice appears and substituting "section";
(ii) by repealing "Council" and substituting "Director".
549. Name in which proceedings for offences may be brought
Section 28 is amended---
(a) by repealing "these by-laws" and substituting "this Regulation";
(b) by repealing "Council" and substituting "Director".
Public Cemeteries Regulation
550. Citation
Section 1 of the Public Cemeteries Regulation (Cap. 132 sub. leg.) is repealed.
551. Interpretation
Section 2 is amended---
(a) by repealing "these by-laws" and substituting "this Regulation";
(b) by repealing the definition of "Council";
(c) by repealing the definition of "Director" and substituting---
""Director" (署長) means the Director of Food and Environmental Hygiene;".
552. Register of graves
Section 4 is amended---
(a) in subsection (2) by repealing "paragraph" and substituting "subsection";
(b) in subsection (3)(b) by repealing "a fee determined under section 41A(1) of the Urban Council Ordinance (Cap. 101)" and substituting "the prescribed fee".
553. Certain permits or certificates to be produced at time of interment
Section 5(b) is amended by repealing "Council" and substituting "Director".
554. Power to remove human remains, etc. in public cemeteries
Section 5A is amended---
(a) by repealing "Council" where it twice appears and substituting "Director";
(b) by repealing "it" where it twice appears and substituting "he".
555. Grave digging and construction of vaults, etc.
Section 7(1) is amended by repealing "Urban Services Department" and substituting "Department of Food and Environmental Hygiene".
556. Size of grave covering and restriction on interments
Section 7A is amended---
(a) in subsection (1)---
(i) by repealing "No person shall" and substituting---
"Except with the consent in writing of the Director and in accordance with the conditions or restrictions (if any) attached to the consent, a person shall not";
(ii) in paragraph (a) by repealing "subparagraph" and substituting "paragraph";
(b) by adding---
"(2A) The Director may, in writing and subject to such conditions or restrictions as he may impose, allocate a grave space in a public cemetery for the purpose of erecting monuments, headstones or tablets in respect of one or more deceased persons, without interring any human remains.";
(c) in subsection (3) by repealing "paragraph (2)" and substituting "subsections (2) and (2A)".
557. Monuments and headstones, etc.
Section 8 is amended---
(a) in subsection (1A)---
(i) by repealing everything from "No" to "monument" where it secondly appears and substituting---
"Except with the consent in writing of the Director and in accordance with the conditions or restrictions (if any) attached to the consent, a person shall not, in a public cemetery, erect a monument, headstone or tablet which exceeds the following dimensions";
(ii) in paragraphs (a) and (b) by repealing "by-law" and substituting "section";
(b) in subsection (1B) by repealing "paragraph" and substituting "subsection";
(c) in subsections (3) and (7) by repealing "by-law" and substituting "section".
558. Removal of grave coverings, monuments, headstones and tablets
Section 8A is amended---
(a) by repealing subsection (1) and substituting---
"(1) The Director may, subject to subsections (1A), (2), (3) and (4), remove and dispose of---
(a) any grave covering which has been constructed over a grave opening in contravention of section 7A(1); or
(b) any monument, headstone or tablet which has been erected upon any grave in a public cemetery or altered or added to in contravention of section 8(1), (1A), (3), (4) or (5).
(1A) Subsection (1) does not apply if the grave covering was constructed over a grave opening or the monument, headstone or tablet was erected upon a grave, or altered or added to---
(a) before 23 March 1979, in a public cemetery in the area known as the Urban Council area immediately before the commencement of this subsection; or
(b) before 2 March 1979, in a public cemetery in the area known as the Regional Council area immediately before that commencement.";
(b) in subsection (2)---
(i) by repealing "paragraph" and substituting "subsection";
(ii) by repealing "these by-laws" and substituting "this Regulation";
(c) in subsection (3)---
(i) by repealing "paragraph" and substituting "subsection";
(ii) by repealing "by-law" and substituting "section";
(d) in subsection (5)---
(i) by repealing "paragraph" and substituting "subsection";
(ii) by repealing "Urban Services Department" and substituting "Department of Food and Environmental Hygiene";
(e) in subsection (6) by repealing "paragraph" wherever it appears and substituting "subsection".
559. Government or Director not liable for loss of or damage to articles
Section 9 is amended by repealing "Council" and substituting "Director".
560. Conduct and behaviour
Section 11 is amended---
(a) in subsection (1)(i) and (j) by repealing "Council" and substituting "Director";
(b) in subsection (2) by repealing "by-law" and substituting "section".
561. Fees
Section 12 is amended---
(a) in subsection (1)---
(i) by repealing "paragraphs" and substituting "subsections";
(ii) by repealing "fees as determined by the Council under section 116A(1) of the Ordinance" and substituting "prescribed fees";
(iii) by repealing "Council" and substituting "Director";
(b) by repealing subsection (3).
562. Offences and penalties
Section 13 is amended---
(a) in subsection (1) by repealing "by-law" and substituting "section";
(b) in subsection (2)---
(i) in paragraph (a) by repealing "by-law" and substituting "section";
(ii) in paragraph (b) by repealing "Council" and substituting "Director";
(iii) in paragraph (c) by repealing "by-law 7(1) or (2), 7A(1) or (2)" and substituting "section 7(1) or (2), 7A(1), (2) or (2A)";
(iv) in paragraph (d) by repealing "by-law" and substituting "section".
563. Name in which proceedings for offences may be brought
Section 14 is amended---
(a) by repealing "these by-laws" and substituting "this Regulation";
(b) by repealing "Council" and substituting "Director".
564. Register of graves
The First Schedule is amended by repealing "[by-law 4(1)]" and substituting "[s. 4(1)]".
Public Cleansing and Prevention of Nuisances Regulation
565. Citation
Section 1 of the Public Cleansing and Prevention of Nuisances Regulation (Cap. 132 sub. leg.) is repealed.
566. Application
Section 2 is repealed.
567. Interpretation
Section 3 is amended---
(a) by repealing "these by-laws" and substituting "this Regulation";
(b) by repealing the definition of "Council";
(c) by repealing the definition of "waste collection point" and substituting---
""waste collection point" (廢物收集站) means any place at which the Director, or a person authorized in his behalf, provides services for the storage or removal of waste.";
(d) by adding---
""Director" (署長) means the Director of Food and Environmental Hygiene;
"public waste collection loader" (公眾廢物裝載人員) means a person who is employed in a public waste collection service;
"public waste collection service" (公眾廢物收集服務) means a service for waste collection, storage or removal provided by the Director or a contractor;
"public waste collection vehicle" (公眾廢物收集車) means a vehicle which is used in a public waste collection service;".
568. Dumping of litter in public places
Section 4 is amended by repealing "paragraph" wherever it appears and substituting "subsection".
569. Occupier of premises required to keep surroundings clean
Section 5 is amended---
(a) in subsections (1) and (2) by repealing "Council" and substituting "Director";
(b) in subsection (3) by repealing "paragraph" and substituting "subsection";
(c) in subsection (4)---
(i) by repealing "by-law" where it twice appears and substituting "section";
(ii) by repealing "paragraph" where it twice appears and substituting "subsection";
(iii) by repealing "Council" where it twice appears and substituting "Director";
(iv) by repealing "sub-paragraph" and substituting "paragraph".
570. Deposit of litter capable of causing fire
Section 7 is amended by repealing "Council" and substituting "Director".
571. Carrying of mud etc. onto any street
Section 9 is amended by repealing "paragraph" wherever it appears and substituting "subsection".
572. Littering from specified vehicles
Section 9A is amended by repealing "paragraph" wherever it appears and substituting "subsection".
573. Prevention of fouling of street by dog faeces or urine
Section 13 is amended---
(a) in subsections (2) and (2A) by repealing "paragraph" and substituting "subsection";
(b) in subsection (3) by repealing "by-law" and substituting "section".
574. Removal of offensive or noxious matter or liquid through streets etc.
Section 14(1) is amended by repealing "Council" and substituting "Director".
575. Duty of occupier where waste chute is provided
Section 17(b) is amended by repealing "by-law" and substituting "section".
576. Duty of owner of waste chute
Section 18 is amended---
(a) in subsection (1)---
(i) in paragraph (b) by repealing "Council" and substituting "Director";
(ii) in paragraph (c)---
(A) by repealing "Council" and substituting "Director";
(B) by repealing "sub-paragraph" and substituting "paragraph";
(b) in subsection (2) by repealing "paragraph" and substituting "subsection";
(c) in subsection (3)---
(i) by repealing "Council" where it twice appears and substituting "Director";
(ii) by repealing "paragraph" and substituting "subsection";
(d) in subsection (4)---
(i) by repealing "paragraph" and substituting "subsection";
(ii) by repealing "Council" wherever it appears and substituting "Director".
577. Duty of occupier where waste chute is not provided
Section 19 is amended---
(a) in subsection (2)(f) by repealing "Council" and substituting "Director";
(b) in subsection (3)---
(i) by repealing "paragraph" and substituting "subsection";
(ii) by repealing "Council" and substituting "Director";
(c) in subsection (4)(a) by repealing "Council" and substituting "Director";
(d) by adding---
"(5) If no public waste collection service is provided, the occupier referred to in subsection (4) shall dispose of the contents of the dustbin referred to in that subsection in a manner directed by the Director---
(a) by a notice posted by him; or
(b) in any other manner.".
578. Waste containers not to remain in street or public place
Section 20 is amended by adding "or any other waste collection vehicle" after "vehicle".
579. Disposal of dangerous or trade waste
Section 22 is amended---
(a) in subsection (1) by repealing "Council" and substituting "Director";
(b) in subsection (2)---
(i) by repealing "Council" and substituting "Director";
(ii) by repealing "it" wherever it appears and substituting "he";
(c) in subsection (3)---
(i) by repealing "paragraphs" and substituting "subsections";
(ii) by repealing "Council" and substituting "Director";
(d) in subsection (4) by repealing "by-law" and substituting "section".
580. Offences and penalties
Section 23 is amended---
(a) in subsections (1), (1A) and (2) by repealing "by-law" wherever it appears and substituting "section";
(b) in subsection (3)---
(i) by repealing "these by-laws" and substituting "this Regulation";
(ii) by repealing "paragraph" and substituting "subsection".
581. Saving
Section 24 is amended---
(a) by repealing "by-law" and substituting "section";
(b) by repealing "these by-laws" and substituting "this Regulation".
582. Name in which proceedings for offences may be brought
Section 25 is amended---
(a) by repealing "these by-laws" and substituting "this Regulation";
(b) by repealing "Council" and substituting "Director".
583. Regulation not to apply to waste containing radioactive substance
Section 26 is amended---
(a) in subsection (1) by repealing "these by-laws" and substituting "this Regulation";
(b) in subsection (2) by repealing "paragraph" and substituting "subsection".
584. Common parts of a building
The First Schedule is amended by repealing "[by-laws 3 & 5]" and substituting "[ss. 3 & 5]".
585. Dangerous waste
The Second Schedule is amended by repealing "[by-law 3]" and substituting "[s. 3]".
586. Specified vehicles
The Third Schedule is amended by repealing "[by-law 3]" and substituting "[s. 3]".
Public Conveniences (Conduct and Behaviour) Regulation
587. Citation
Section 1 of the Public Conveniences (Conduct and Behaviour) Regulation (Cap. 132 sub. leg.) is repealed.
588. Application
Section 2 is repealed.
589. Interpretation
Section 3 is amended---
(a) in subsection (1)---
(i) by repealing "these by-laws" and substituting "this Regulation";
(ii) in the definition of "communicable disease"---
(A) by repealing "Council" and substituting "Director";
(B) by repealing "these by-laws" and substituting "this Regulation";
(iii) by repealing the definition of "Council";
(iv) in the definition of "public convenience" by repealing "Council" and substituting "Director";
(v) by adding---
""Director" (署長) means the Director of Food and Environmental Hygiene;";
(b) in subsection (2)---
(i) by repealing "Council" and substituting "Director";
(ii) by repealing "these by-laws" and substituting "this Regulation".
590. Fees for use of compartments in certain public latrines
Section 4(b) is amended by repealing "Council" and substituting "Director".
591. Conduct in public conveniences
Section 5(c) is amended by repealing "Council" and substituting "Director".
592. Section added
The following is added---
"6A. Removal of contents of septic tank or cesspool
A person shall not, without the permission in writing of the Director, remove the contents from a septic tank or a cesspool in a public convenience.".
593. Communicable diseases
Section 8 is amended by repealing "Council" and substituting "Director".
594. Power to direct persons to leave public conveniences
Section 9 is amended by repealing "these by-laws" and substituting "this Regulation".
595. Offences and penalties
Section 10 is amended---
(a) in paragraph (a)---
(i) by repealing "by-law" and substituting "section";
(ii) by adding "6A," after "6,";
(b) in paragraph (b), by repealing "by-law" and substituting "section".
596. Name in which proceedings for offences may be brought
Section 11 is amended---
(a) by repealing "these by-laws" and substituting "this Regulation";
(b) by repealing "Council" and substituting "Director".
597. Saving
Section 12 is amended---
(a) by repealing "these by-laws" and substituting "this Regulation";
(b) by repealing "by-law" and substituting "section".
Public Funeral Halls Regulation
598. Citation
Section 1 of the Public Funeral Halls Regulation (Cap. 132 sub. leg.) is repealed.
599. Application
Section 2 is repealed.
600. Interpretation
Section 3 is amended---
(a) by repealing "these by-laws" and substituting "this Regulation";
(b) by repealing the definition of "Council";
(c) in the definition of "officer in charge" by repealing "Director of Urban Services" and substituting "Director";
(d) by adding---
" "Director" (署長) means the Director of Food and Environmental Hygiene;".
601. Application to use public funeral hall
Section 5 is amended---
(a) in subsection (1) by repealing "Council" where it twice appears and substituting "Director";
(b) in subsections (2) and (3) by repealing "paragraph" and substituting "subsection";
(c) in subsection (4)---
(i) by repealing "paragraph" and substituting "subsection";
(ii) by repealing "Council" and substituting "Director".
602. Production of documents for reception of human remains
Section 7 is amended---
(a) in subsection (1)---
(i) by repealing "by-law" where it first appears and substituting "section";
(ii) in paragraph (b) by repealing "by-law 5(1) of the Cremation and Gardens of Remembrance (Urban Council) By-laws" and substituting "section 5(1) of the Cremation and Gardens of Remembrance Regulation";
(iii) in paragraph (c) by repealing "Council" and substituting "Director";
(b) in subsections (2) and (3) by repealing "paragraph" and substituting "subsection".
603. Use of protective clothing
Section 9(1) is amended by repealing "Council" and substituting "Director".
604. Registers and obligation to provide information
Section 10 is amended---
(a) in subsection (1) by repealing "paragraph" and substituting "subsection";
(b) in subsection (2) by repealing "by-law" and substituting "section".
605. Power to reject persons
Section 11 is amended---
(a) in subsection (1)(a) by repealing "these by-laws" and substituting "this Regulation";
(b) in subsection (2) by repealing "paragraph" and substituting "subsection".
606. Offences and penalties
Section 12 is amended---
(a) in subsection (1)(a) by repealing "Council" and substituting "Director";
(b) in subsection (2) by repealing "by-law" and substituting "section".
607. Name in which proceedings for offences may be brought
Section 13 is amended---
(a) by repealing "these by-laws" and substituting "this Regulation";
(b) by repealing "Council" and substituting "Director".
608. Fees
Section 14 is amended---
(a) in subsection (1)---
(i) by repealing "paragraph" and substituting "subsection";
(ii) by repealing "Council" and substituting "Director";
(b) in subsection (2)---
(i) by repealing "Council" and substituting "Director";
(ii) by repealing "it" where it twice appears and substituting "he".
609. Schedule amended
The Schedule is amended---
(a) by repealing "[by-law 14]" and substituting "[s. 14]";
(b) by repealing "Secretary of the Urban Council" wherever it appears and substituting "Director".
Public Markets Regulation
610. Citation
Section 1 of the Public Markets Regulation (Cap. 132 sub. leg.) is repealed.
611. Application
Section 2 is repealed.
612. Interpretation
Section 3 is amended---
(a) by repealing "these by-laws" and substituting "this Regulation";
(b) by repealing the definition of "Council";
(c) by adding---
" "Director" (署長) means the Director of Food and Environmental Hygiene;".
613. Hours of opening and closing of markets
Section 4(1) is amended by repealing "Council" and substituting "Director".
614. Business restricted to stall tenants
Section 5(1)(c) is amended by repealing "Council" and substituting "Director".
615. Letting of market stalls
Section 6 is amended---
(a) by repealing "Council" and substituting "Director";
(b) by repealing "it" and substituting "he".
616. Alterations to stall or its fixtures
Section 7 is amended---
(a) in subsection (1)---
(i) by repealing "paragraph" and substituting "subsection";
(ii) by repealing "Council" and substituting "Director";
(b) in subsection (3)---
(i) by repealing "paragraph" where it twice appears and substituting "subsection";
(ii) by repealing "Council" and substituting "Director";
(iii) by repealing "該署長" where it twice appears and substituting "建築署署長";
(c) in subsection (4) by repealing "Council" and substituting "Director".
617. Tenant to provide refuse bins
Section 7A is amended---
(a) in subsection (1)(a) by repealing "Council" and substituting "Director";
(b) in subsection (2)---
(i) by repealing "paragraph" where it twice appears and substituting "subsection";
(ii) by repealing "Council" and substituting "Director";
(c) in subsection (3) by repealing "by-law" where it twice appears and substituting "section".
618. Prevention of litter
Section 8(2) is amended by repealing "by-law" and substituting "section".
619. Dressing of poultry and game
Section 12 is amended by repealing "Council" and substituting "Director".
620. Power to prohibit persons carrying on business
in public markets in certain cases
Section 13 is amended by repealing "Council" and substituting "Director".
621. Offences and penalties
Section 14 is amended---
(a) in subsections (1) and (2) by repealing "by-law" and substituting "section";
(b) in subsection (3)---
(i) by repealing "paragraphs" and substituting "subsections";
(ii) by repealing "by-law" and substituting "section".
622. Name in which proceedings for offences
may be brought
Section 15 is amended---
(a) by repealing "these by-laws" and substituting "this Regulation";
(b) by repealing "Council" and substituting "Director".
Public Swimming Pools Regulation
623. Citation
Section 1 of the Public Swimming Pools Regulation (Cap. 132 sub. leg.) is repealed.
624. Application
Section 2 is repealed.
625. Interpretation
Section 3 is amended---
(a) by repealing "these by-laws" and substituting "this Regulation";
(b) by repealing the definition of "Council";
(c) in the definition of "supervisor" by repealing "Director of Urban Services" and substituting "Director";
(d) by repealing the definition of "swimming pool" and substituting---
""swimming pool" (泳池) includes other facilities provided in relation to the use of the swimming pool.";
(e) by adding---
""Director" (署長) means the Director of Leisure and Cultural Services;".
626. General offences
Section 4(a) and (d) is amended by repealing "Council" and substituting "Director".
627. Restriction on trading and begging in
precincts of swimming pool
Section 5 is amended by repealing "Council" and substituting "Director".
628. Exclusion of adults from dressing rooms allocated to persons of the opposite sex
Section 7 is amended by adding "or of a height exceeding 1.35 metres" after "years".
629. Power to exclude or remove certain persons
Section 8B(1) and (2) is amended by repealing "by-law" and substituting "section".
630. Opening and closing of swimming pool
Section 9 is amended by repealing "Council" and substituting "Director".
631. Section substituted
Section 10 is repealed and the following substituted---
"10. Fees and charges
A person using a swimming pool shall pay to the Director the appropriate fee determined under section 124J of the Ordinance.".
632. Power to make rules
Section 11 is repealed.
633. Penalty for obstructing attendants or supervisors
Section 12 is amended by repealing "any of these by-laws or any order made under by-law 11" and substituting "this Regulation".
634. General penalties and power to remove offenders from swimming pool
Section 13 is amended---
(a) in subsection (1) by repealing "by-law" and substituting "section";
(b) by repealing subsection (2);
(c) in subsection (3)---
(i) by repealing "by-law" and substituting "section";
(ii) by repealing "by-laws" and substituting "sections";
(iii) by repealing "paragraph (1) or any order mentioned in paragraph (2)" and substituting "subsection (1)".
635. Name in which proceedings for offences may be brought
Section 14 is amended---
(a) by repealing "these by-laws" and substituting "this Regulation";
(b) by repealing "Council" and substituting "Director".
Restriction of Hawking in Special Areas Notification
636. Citation
Section 1 of the Restriction of Hawking in Special Areas Notification (Cap. 132 sub. leg.) is repealed.
637. Restricted areas
Section 2 is amended by repealing "Regional Council" and substituting "Director of Food and Environmental Hygiene".
638. Schedule amended
The Schedule is amended---
(a) under the heading "Yuen Long District" by repealing "Urban Services Department" and substituting "Department of Food and Environmental Hygiene";
(b) under the heading "Sha Tin District" by repealing "Regional Services Office (Sha Tin)" and substituting "Department of Food and Environmental Hygiene";
(c) under the heading "North District" by repealing "Urban Services Office (Tai Po)" and substituting "Department of Food and Environmental Hygiene";
(d) under the heading "Tuen Mun District" by repealing "Urban Services Office (Tuen Mun)" and substituting "Department of Food and Environmental Hygiene".
Sanitation and Conservancy Regulation
639. Citation
Section 1 of the Sanitation and Conservancy Regulation (Cap. 132 sub. leg.) is repealed.
640. Application
Section 2 is repealed.
641. Interpretation
Section 3 is amended---
(a) by repealing "these by-laws" and substituting "this Regulation";
(b) by repealing the definition of "Council";
(c) by adding---
""conservancy service" (清糞服務) means a service to provide for the cleansing or emptying of sanitary pails or other similar containers, septic tanks, aqua privies or cesspools or to provide movable toilets or other temporary toilets;
"Director" (署長) means the Director of Food and Environmental Hygiene;
"premises" (處所) means buildings and structures appurtenant thereto, but does not include any temporary structure used solely for dwelling purposes unless such temporary structure is used in connection with any industrial undertaking within the meaning of the Factories and Industrial Undertakings Ordinance (Cap. 59);
"temporary service" (臨時服務) means a conservancy service provided for a period not exceeding 30 days;
"water-borne sanitation" (沖水衞生設備) includes waterclosets and urinals.".
642. Duties of occupiers and owners of premises, etc. with respect to latrine accommodation
Section 5(2A) is amended by repealing "paragraph" and substituting "subsection".
643. Duty of occupier of premises not having latrine accommodation
Section 7(2) and (3) is amended by repealing "Council" and substituting "Director".
644. Disposal of contents of sanitary pails, etc.
Section 8 is amended---
(a) in subsection (1)---
(i) by repealing "by-law" and substituting "section";
(ii) by repealing "Council" and substituting "Director";
(b) in subsection (2)---
(i) by repealing "Council" and substituting "Director";
(ii) by repealing "by-law" and substituting "section";
(c) in subsection (3)---
(i) by repealing "Council" and substituting "Director";
(ii) by repealing "by-law" and substituting "section";
(iii) by repealing "it" and substituting "he";
(d) in subsection (5) by repealing "Council" and substituting "Director".
645. Application for conservancy service
Section 9(1), (3) and (4) by repealing "Council" wherever it appears and substituting "Director".
646. Offences and penalties
Section 10 is amended by repealing "by-law" wherever it appears and substituting "section".
647. Schedule repealed
The Schedule is repealed.
Slaughterhouses Regulation
648. Citation
Section 1 of the Slaughterhouses Regulation (Cap. 132 sub. leg.) is repealed.
649. Application
Section 2 is repealed.
650. Interpretation
Section 3 is amended---
(a) by repealing "these bylaws" and substituting "this Regulation";
(b) in the definition of "authorized officer" by repealing "bylaw" and substituting "section";
(c) in the definition of "condemned meat and offal" by repealing "these bylaws" and substituting "this Regulation";
(d) by repealing the definition of "Council";
(e) in the definitions of "entry permit", "licence", "licensed slaughterhouse" and "register" by repealing "bylaw" and substituting "section";
(f) by adding---
""Director" (署長) means the Director of Food and Environmental Hygiene;".
651. Appointment of authorized officers
Section 4 is amended---
(a) in subsection (1)---
(i) by repealing "Council" wherever it twice appears and substituting "Director";
(ii) by repealing "these bylaws" and substituting "this Regulation";
(b) in subsection (2)---
(i) by repealing "these bylaws" and substituting "this Regulation";
(ii) by repealing "Council" and substituting "Director".
652. Slaughtering of food animals for human consumption
Section 5(2) is amended---
(a) by repealing "paragraph" and substituting "subsection";
(b) by repealing "Council" and substituting "Director";
(c) by repealing "it" and substituting "he".
653. Examination fees
Section 6 is amended---
(a) in subsection (1)---
(i) by repealing "Council an examination fee as determined by the Council under section 77A(1) of the Ordinance" and substituting "Director, being the prescribed examination fee,";
(ii) by repealing "bylaw" where it twice appears and substituting "section";
(b) in subsection (2)---
(i) by repealing "due from him to the Council" and substituting "payable";
(ii) by repealing "paragraph" and substituting "subsection".
654. Register to be maintained by licensee
Section 7 is amended---
(a) in subsection (1) by repealing "bylaws" and substituting "sections";
(b) in subsection (5) by repealing "paragraph" and substituting "subsection".
655. Power to inspect register
Section 8 is amended by repealing "Council" where it twice appears and substituting "Director".
656. Licence for operation of slaughterhouse
Section 9 is amended---
(a) in subsection (1)---
(i) by repealing "Council" where it first appears and substituting "Director";
(ii) by repealing "appropriate fee as determined by the Council under section 77A(1) of the Ordinance" and substituting "prescribed fee";
(b) in subsection (2) by repealing "Council" and substituting "Director";
(c) in subsection (3) by repealing "appropriate fee as determined by the Council under section 77A(1) of the Ordinance" and substituting "prescribed fee";
(d) in subsection (4)---
(i) by repealing "Council" where it first and secondly appears and substituting "Director";
(ii) by repealing "appropriate fee as determined by the Council under section 77A(1) of the Ordinance" and substituting "prescribed fee".
657. Application for licence other than on renewal
Section 10 is amended---
(a) in subsections (1) and (2) by repealing "Council" wherever it appears and substituting "Director";
(b) in subsection (3)---
(i) by repealing "Council" and substituting "Director";
(ii) by repealing "paragraph" and substituting "subsection".
658. Restriction on alteration of premises
Section 11 is amended---
(a) by repealing "Council" and substituting "Director";
(b) by repealing "bylaw" and substituting "section".
659. Restriction on admission
Section 12 is amended---
(a) in subsection (1)(c) by repealing "paragraph" and substituting "subsection";
(b) in subsection (2) by repealing "bylaw" and substituting "section".
660. Refusal of food animal admission
Section 14(2) is amended by repealing "paragraph" and substituting "subsection".
661. Power of authorized officer to examine and cause segregation of food animals
Section 15(1) is amended by repealing "Council" and substituting "Director".
662. Segregated food animals may be slaughtered
Section 16 is amended---
(a) in subsection (1) by repealing "bylaw" and substituting "section";
(b) in subsection (2) by repealing "paragraph" and substituting "subsection";
(c) in subsection (3)---
(i) by repealing "paragraph" and substituting "subsection";
(ii) by repealing "bylaw" and substituting "section".
663. Method of killing
Section 18 is amended---
(a) in subsection (1)---
(i) by repealing "paragraph" and substituting "subsection";
(ii) by repealing "Council" and substituting "Director";
(b) in subsection (2) by repealing "Council" and substituting "Director".
664. Slaughtering only in approved places
Section 19 is amended---
(a) by repealing "Council" and substituting "Director";
(b) by repealing "bylaw" and substituting "section".
665. Application to licensee for slaughtering services
Section 20(2) is amended---
(a) by repealing "bylaw" and substituting "section";
(b) by repealing "Council" and substituting "Director".
666. Examination and disposal of carcass, dressed carcass and offal
Section 21 is amended---
(a) in subsection (1) by repealing "bylaw" and substituting "section";
(b) in subsection (2) by repealing "paragraph" and substituting "subsection".
667. Authorized officer to mark dressed carcass and offal fit for human consumption
Section 22 is amended---
(a) in subsection (1) by repealing "bylaw" and substituting "section";
(b) in subsection (2) by repealing "paragraph" and substituting "subsection".
668. Removal of carcass, unmarked dressed carcass or offal prohibited
Section 23 is amended---
(a) in subsection (1)---
(i) by repealing "bylaws" and substituting "sections";
(ii) in paragraph (b) by repealing "bylaw" and substituting "section";
(b) in subsection (2) by repealing "paragraph" and substituting "subsection".
669. Carcass, dressed carcass or offal may be seized and destroyed if this Regulation contravened
Section 24 is amended---
(a) in subsection (1) by repealing "bylaw" and substituting "section";
(b) in subsection (2) by repealing "paragraph" and substituting "subsection".
670. Requirements for transportation of dressed carcass and offal
Section 25(2) and (3) is amended by repealing "paragraph" and substituting "subsection".
671. Lighting
Section 26 is amended---
(a) in paragraph (a) by repealing "Council" and substituting "Director";
(b) in paragraph (c) by repealing "bylaw" and substituting "section".
672. Licensee's general duty to dispose of condemned meat and offal, etc.
Section 29 is amended---
(a) in subsection (1) by repealing "bylaws" where it twice appears and substituting "sections";
(b) in subsection (2)---
(i) by repealing "bylaws" and substituting "sections";
(ii) in paragraph (a) by repealing "bylaw" and substituting "section".
673. Collection, storage and removal
Section 30(3) is amended by repealing "bylaw" and substituting "section".
674. Disposal
Section 31 is amended---
(a) by repealing "Council" where it twice appears and substituting "Director";
(b) by repealing "bylaw" and substituting "section".
675. Restriction of entry into licensed slaughterhouses
Section 32(6) is amended by repealing "paragraph" and substituting "subsection".
676. Obedience to orders
Section 34(2) is amended by repealing "paragraph" and substituting "subsection".
677. Offences
Section 36 is amended by repealing "bylaw" and substituting "section".
678. Penalties
Section 37 is amended---
(a) in subsection (1) by repealing "bylaw" and substituting "section";
(b) in subsection (2)---
(i) by repealing "these bylaws" and substituting "this Regulation";
(ii) by repealing "bylaw" where it twice appears and substituting "section".
679. Saving
Section 38 is amended by repealing "these bylaws" and substituting "this Regulation".
680. Name in which proceedings for offences may be brought
Section 39 is amended---
(a) by repealing "these bylaws" and substituting "this Regulation";
(b) by repealing "Council" and substituting "Director".
681. Existing licences
Section 41 is repealed.
682. Schedule amended
Schedule 2 is amended---
(a) by repealing "[bylaw 7]" and substituting "[s. 7]";
(b) by repealing "BYLAW" where it twice appears and substituting "SECTION".
683. Statement as to admission of food animals and carcasses to licensed slaughterhouse
Schedule 4 is amended---
(a) by repealing "[bylaw 13]" and substituting "[s. 13]";
(b) by repealing "bylaw 13 of the Slaughterhouses (Regional Council) Bylaws" and substituting "section 13 of the Slaughterhouses Regulation".
684. Marks to be applied to dressed carcasses and offal of slaughtered food animals
Schedule 5 is amended by repealing "[bylaw 22(1)]" and substituting "[s. 22(1)]".
685. Requirements for transportation of dressed carcasses and offal
Schedule 6 is amended by repealing "[bylaw 25(1)]" and substituting "[s. 25(1)]".
Stadia Regulation
686. Citation
Section 1 of the Stadia Regulation (Cap. 132 sub.leg.) is repealed.
687. Application
Section 2 is repealed.
688. Interpretation
Section 3 is amended---
(a) by repealing "these by-laws" and substituting "this Regulation";
(b) by repealing the definition of "Council";
(c) by repealing the definition of "Director" and substituting---
""Director" (署長) means the Director of Leisure and Cultural Services;".
689. Entry to a stadium by public
Section 4(b) is amended by repealing "Council" and substituting "Director".
690. Power of manager to direct persons in certain cases to leave a stadium
Section 7 is amended---
(a) in subsection (1)(a)(ii) and (iii) by repealing "these by-laws" and substituting "this Regulation";
(b) in subsection (2)---
(i) by repealing "paragraph" where it twice appears and substituting "subsection";
(ii) by repealing "this by-law" and substituting "this section".
691. Vehicles
Section 9(3) is amended by repealing "paragraph" and substituting "subsection".
692. Prohibition as to sale or supply of intoxicating liquor without the authorization of the Director
Section 10B is amended by repealing "Council" and substituting "Director".
693. Prohibition as to sale or supply to and consumption by persons under 18 of intoxicating liquor
Section 10C is amended---
(a) in subsection (1) by repealing "Council" and substituting "Director";
(b) in subsection (3) by repealing "paragraph" and substituting "subsection".
694. Power of manager to designate alcohol free areas
Section 10D(1) is amended by repealing "Council" and substituting "Director".
695. Power of manager to give directions as to the sale of supply of intoxicating liquor
Section 10E is amended by---
(a) in subsection (1) by repealing "Council" where it twice appears and substituting "Director";
(b) in subsection (2)---
(i) by repealing "paragraph" and substituting "subsection";
(ii) by repealing "by-law" and substituting "section";
(c) in subsections (3) and (4) by repealing "paragraph" and substituting "subsection".
696. Erection of structures and trading
Section 12 is amended---
(a) in subsections (1)(b) and (2) by repealing "Council" and substituting "Director";
(b) in subsection (3)---
(i) by repealing "paragraph" and substituting "subsection";
(ii) by repealing "Council" and substituting "Government".
697. Closure of a stadium
Section 14 is amended by repealing "Council" and substituting "Director".
698. Offences and penalties
Section 15 is amended by repealing "by-law" where it twice appears and substituting "section".
699. Section added
The following is added---
"16. Name in which proceedings may be brought
Without prejudice to the provisions of any other enactment relating to the prosecution of criminal offences and without prejudice to the powers of the Secretary for Justice in relation to such offences, a prosecution for an offence under this Regulation may be brought in the name of the Director.".
Swimming Pools Regulation
700. Citation
Section 1 of the Swimming Pools Regulation (Cap. 132 sub. leg.) is repealed.
701. Application
Section 2 is amended---
(a) by repealing subsection (1);
(b) in subsection (2)---
(i) by repealing "These bylaws" and substituting "This Regulation";
(ii) by repealing paragraph (a).
702. Interpretation
Section 3 is amended---
(a) in subsection (1)---
(i) by repealing "these bylaws" where it first appears and substituting "this Regulation";
(ii) in the definition of "communicable disease"---
(A) by repealing "Council" and substituting "Director";
(B) by repealing "these bylaws" and substituting "this Regulation";
(iii) by repealing the definition of "Council";
(iv) by adding---
""Director" (署長) means the Director of Food and Environmental Hygiene;";
(b) in subsection (2)---
(i) by repealing "Council" and substituting "Director";
(ii) by repealing "these bylaws" and substituting "this Regulation".
703. Prohibition of unlicensed swimming pools, etc.
Section 4(1) is amended by repealing "Council" and substituting "Director".
704. Application for licence
Section 5 is amended---
(a) in subsection (1) by repealing "Secretary of the Council" and substituting "Director";
(b) in subsection (2) by repealing "paragraph" and substituting "subsection";
(c) in subsection (3)---
(i) by repealing "Council" where it first and last appears and substituting "Director";
(ii) by repealing "Secretary of the Council" and substituting "Director".
705. Conditions for issue of licence
Section 6 is amended---
(a) in subsection (1)---
(i) by repealing "Council" wherever it appears and substituting "Director";
(ii) in paragraph (a) by repealing "bylaw" and substituting "section";
(b) in subsection (2) by repealing "paragraph" and substituting "subsection".
706. Restriction on alteration after grant of a licence
Section 7 is amended---
(a) by repealing "Council" and substituting "Director";
(b) in paragraphs (a) and (b) by repealing "bylaw" and substituting "section".
707. Annual emptying of swimming pools
Section 11 is amended by repealing "Council" and substituting "Director".
708. Life saving and first aid attendants
Section 12 is amended---
(a) by repealing "Council" where it twice appears and substituting "Director";
(b) in the proviso by repealing "bylaw" and substituting "section".
709. General repair and cleanliness of pool, equipment and premises
Section 13(2) is amended---
(a) by repealing "Council" wherever it appears and substituting "Director";
(b) in paragraph (b) by repealing "its" and substituting "his".
710. Prevention of spitting
Section 14(3) is amended by repealing "Council" and substituting "Director".
711. Exclusion of persons suffering from certain diseases
Section 16(2) is amended---
(a) by repealing "Council" and substituting "Director";
(b) by repealing "paragraph" and substituting "subsection".
712. Fees
Section 17 is amended---
(a) in subsection (1) by repealing "these bylaws" and substituting "this Regulation";
(b) in subsection (2) by repealing "fee as determined by the Council under section 42AA(1)(a) of the Ordinance" and substituting "prescribed fee";
(c) in subsection (3)---
(i) by repealing "Council" where it first and secondly appears and substituting "Director";
(ii) by repealing "fee as determined by the Council under section 42AA(1)(a) of the Ordinance" and substituting "prescribed fee".
713. Offences and penalties
Section 18 is amended---
(a) in subsections (1) and (2) by repealing "bylaw" wherever it appears and substituting "section";
(b) in subsection (3) by repealing "these bylaws" and substituting "this Regulation".
714. Name in which proceedings for offences may be brought
Section 19 is amended---
(a) by repealing "these bylaws" and substituting "this Regulation";
(b) by repealing "Council" and substituting "Director".
Undertakers of Burials Regulation
715. Citation
Section 1 of the Undertakers of Burials Regulation (Cap. 132 sub. leg.) is repealed.
716. Application
Section 2 is repealed.
717. Interpretation
Section 3 is amended---
(a) by repealing "these by-laws" and substituting "this Regulation";
(b) by repealing the definition of "Council";
(c) in the definition of "licence" by repealing "section 92A" and substituting "section 92AB";
(d) by adding---
""Director" (署長) means the Director of Food and Environmental Hygiene;".
718. Licence, fee and term
Section 4(1) is amended by repealing "fee as determined by the Council under section 92BA(1) of the Ordinance" and substituting "prescribed fee".
719. Application for licence
Section 5 is amended---
(a) by repealing "Council" and substituting "Director";
(b) by repealing "it" and substituting "him".
720. Fee for duplicates, and for amendment of licence
Section 6 is amended---
(a) by repealing "Council" where it first appears and substituting "Director";
(b) by repealing "it" and substituting "he";
(c) by repealing "fee as determined by the Council under section 92BA(1) of the Ordinance" and substituting "prescribed fee".
721. Refusals and revocations
Section 7 is amended by repealing "Council" where it twice appears and substituting "Director".
722. Defacing a licence
Section 8 is amended by repealing "Council" where it twice appears and substituting "Director".
723. Register
Section 10(2) is amended by repealing "Council" and substituting "Director".
724. Offences and penalties
Section 11 is amended by repealing "by-law" and substituting "section".
725. Name in which proceedings for offences may be brought
Section 13 is amended---
(a) by repealing "these by-laws" and substituting "this Regulation";
(b) by repealing "Council" and substituting "Director".
726. Schedule amended
The Schedule is amended---
(a) by repealing "[by-law 12]" and substituting "[s. 12]";
(b) by repealing "UNDERTAKERS OF BURIALS (REGIONAL COUNCIL) BY-LAWS" and substituting "UNDERTAKERS OF BURIALS REGULATION";
(c) by repealing "by-laws" and substituting "Regulation";
(d) by repealing "Regional Council" and substituting "Director of Food and Environmental Hygiene".
Ventilation of Scheduled Premises Regulation
727. Citation
Section 1 of the Ventilation of Scheduled Premises Regulation (Cap. 132 sub. leg.) is repealed.
728. Application
Section 2 is repealed.
729. Interpretation
Section 3 is amended---
(a) by repealing "these by-laws" and substituting "this Regulation";
(b) by repealing the definition of "Council".
730. Requirements with respect to ventilating systems
Section 4 is amended---
(a) in subsection (1)---
(i) by repealing "paragraph" and substituting "subsection";
(ii) in paragraphs (e)(i) and (i)(ii) by repealing "Council" and substituting "Director of Food and Environmental Hygiene";
(b) in subsection (2)---
(i) by repealing "it" where it twice appears and substituting "he";
(ii) by repealing "Council" and substituting "Director of Food and Environmental Hygiene";
(iii) by repealing "paragraph" and substituting "subsection".
731. Annual inspection of dampers, filters and precipitators
Section 6 is amended---
(a) in subsection (2) by repealing "by-law" and substituting "section";
(b) in subsection (3) by repealing "paragraph" and substituting "subsection".
732. Cleaning of filters
Section 7 is amended by repealing "Council" and substituting "Director of Food and Environmental Hygiene".
733. Ventilation of kitchens, etc.
Section 8 is amended by repealing "Council" and substituting "Director of Food and Environmental Hygiene".
734. Pipings or apparatus containing certain refrigerants not to be situated within air stream of ventilating system
Section 10(2) is amended---
(a) by repealing "paragraph" where it twice appears and substituting "subsection";
(b) by repealing "Council" and substituting "Director of Food and Environmental Hygiene".
735. Log books to be kept to record reading of fused running hour meters in theatres and cinemas
Section 12(2) is amended by repealing "Council" and substituting "Director of Food and Environmental Hygiene".
736. Power of licensing authority to revoke licence of scheduled premises in certain cases
Section 13 is amended by repealing "by-law" wherever it appears and substituting "section".
737. Offences and penalties
Section 14 is amended---
(a) in subsection (1) by repealing "by-law" wherever it appears and substituting "section";
(b) in subsection (2)---
(i) in paragraph (a) by repealing "by-law" and substituting "section";
(ii) by repealing "Council" where it first appears and substituting "Director of Food and Environmental Hygiene";
(iii) by repealing "the Council" where it secondly appears and substituting "that Director";
(iv) by repealing "these by-laws" and substituting "this Regulation";
(c) in subsection (3) by repealing "by-law" where it twice appears and substituting "section";
(d) in subsection (4) by repealing "paragraph" and substituting "subsection".
738. Name in which proceedings for offences may be brought
Section 15 is amended---
(a) by repealing "these by-laws" and substituting "this Regulation";
(b) by repealing "Council" and substituting "Director of Food and Environmental Hygiene".
Wo Hop Shek, Sandy Ridge and Sandy Ridge (Urn) Cemeteries, Private Lots, Rules
739. Interpretation
Rule 2 of the Wo Hop Shek, Sandy Ridge and Sandy Ridge (Urn) Cemeteries, Private Lots, Rules (Cap. 132 sub. leg.) is amended---
(a) by repealing the definition of "Council";
(b) in the definition of "private lot"---
(i) by repealing "Council" where it first appears and substituting "Director";
(ii) by repealing "by-law 3 of the Public Cemeteries (Regional Council) By-laws" and substituting "section 3 of the Public Cemeteries Regulation";
(c) by adding---
" "Director" (署長) means the Director of Food and Environmental Hygiene;".
740. Application for private lots
Rule 3 is amended---
(a) in paragraph (1) by repealing "Council" and substituting "Director";
(b) in paragraph (2)---
(i) by repealing "Council in its" and substituting "Director in his";
(ii) by repealing "it" and substituting "he".
741. Development and maintenance of private lots
Rule 4(2) is amended---
(a) by repealing "Council may in its" and substituting "Director may in his";
(b) in the proviso by repealing "Council" where it twice appears and substituting "Director".
742. Admission to burial
Rule 5 is amended by repealing "Council" and substituting "Director".
743. Special conditions relating to urn burials
Rule 6 is amended by repealing "Council" wherever it appears and substituting "Director".
SCHEDULE 4 [s. 7]
Amendments to Municipal Services Appeals Boards Ordinance
1. Long title substituted
The long title to the Municipal Services Appeals Boards Ordinance (Cap. 220) is repealed and the following substituted---
"An Ordinance to establish the Municipal Services Appeals Board, to provide for the powers and procedure of that Board in respect of appeals made to that Board and for related matters.".
2. Short title
Section 1 is amended by repealing "Boards" and substituting "Board".
3. Interpretation
Section 2 is amended---
(a) by renumbering it as section 2(1);
(b) in subsection (1)---
(i) by repealing the definition of "Board" and substituting---
" "Board" (委員會) means the board established under section 3;";
(ii) in the definition of "Chairman" by repealing "Boards" and substituting "Board";
(iii) by repealing the definitions of "decision" and "Regional Services Appeals Board";
(iv) by repealing the definition of "respondent" and substituting---
""respondent" (答辯人) means, in relation to an appeal against---
(a) an administrative decision, the person whose decision is being appealed against; and
(b) an appeal board decision---
(i) the person whose decision was the subject matter of the appeal board decision; or
(ii) if that person is the appellant, the person who appealed to the Licensing Appeals Board against that person's decision;";
(v) in the definition of "Secretary" by repealing "Boards" and substituting "Board";
(vi) by repealing the definition of "Urban Services Appeals Board";
(vii) in the definition of "Vice-chairman" by repealing "Boards" and substituting "Board";
(viii) by adding---
""administrative decision" (行政決定) means a decision from which an appeal lies to the Board, but does not include an appeal board decision;
"appeal board decision" (上訴委員會決定) means a decision of the Licensing Appeals Board;
"Licensing Appeals Board" (牌照上訴委員會) means the board by that name established by section 125A of the Public Health and Municipal Services Ordinance (Cap. 132);";
(c) by adding---
"(2) For the purposes of this Ordinance an administrative decision includes any act or omission.".
4. Part heading substituted
The heading to Part II is repealed and the following substituted---
"Municipal Services Appeals Board".
5. Section substituted
Sections 3 and 4 are repealed and the following substituted---
"3. Establishment, functions and constitution of Municipal Services Appeals Board
(1) There is established a board to be known as the Municipal Services Appeals Board.
(2) The function of the Board is to hear and determine any appeal to the Board from an appeal board decision or an administrative decision from which an appeal lies to the Board under any Ordinance.
(3) For the purposes of any appeal made to it, the Board is to be constituted as follows---
(a) the Chairman or a Vice-chairman; and
(b) 2 members of the panel appointed under section 6(1)(c), nominated by the Secretary under subsection (4).
(4) Subject to any regulations made under section 20 and to any directions given by the Chairman, the Secretary must nominate 2 members for the purposes of subsection (3)(b).
(5) The Chairman or Vice-chairman, as the case may be, is to preside at the hearings before the Board.".
6. Section substituted
Section 5 is repealed and the following substituted---
"5. Persons excluded from membership
(1) For the purposes of an appeal, the Board shall not include a person who, or a member of a body which, was involved in making the relevant administrative decision or the appeal board decision or a decision confirmed, varied, suspended or cancelled by the appeal board decision.
(2) Subsection (1) does not apply if the person or other body was involved in making the administrative decision, the appeal board decision or other decision only to the extent of delegating the power to make the administrative decision, the appeal board decision or other decision.".
7. Chairman, Vice-chairman, Secretary and panel members
Section 6 is amended---
(a) by repealing subsections (1) and (2) and substituting---
"(1) The Chief Executive shall appoint---
(a) a legally qualified person to be the Chairman of the Board;
(b) a Secretary to the Board;
(c) a panel of persons who are not public officers and whom he considers suitable for nomination as members of the Board under section 3(3)(b).
(2) The Chief Executive may appoint one or more persons as Vice-chairmen of the Board.";
(b) in subsection (5)---
(i) by repealing ", a member of the Urban Council or Regional Council,";
(ii) by repealing "or (d)";
(iii) by repealing "a Board" and substituting "the Board".
8. Section substituted
Section 7 is repealed and the following substituted---
"7. Powers of Board in respect of appeal
(1) In determining an appeal against an administrative decision or an appeal board decision, the Board---
(a) may exercise all the powers and discretions that are conferred on the person who made the administrative decision or the decision which was the subject matter of the appeal board decision, as the case may require;
(b) shall affirm, vary or set aside the administrative decision or the appeal board decision and, where it sets aside the administrative decision or the appeal board decision, it shall substitute its own decision.
(2) Subsection (3) applies where the Board is determining---
(a) an appeal against an administrative decision; or
(b) an appeal against an appeal board decision in which the respondent is the person whose decision was the subject matter of the appeal board decision.
(3) If the respondent to an appeal referred to in subsection (2) has lodged a statement of policy referred to in section 9(1)(a)(iia), and the Board---
(a) is satisfied that at the time the respondent made the relevant decision---
(i) the appellant was aware of the statement of policy; or
(ii) any person having a right of appeal against a decision of that kind could reasonably have been expected to be aware of the statement of policy,
the Board shall, to the extent that the statement is within the power of the respondent, have regard to that statement;
(b) is not so satisfied, the Board may, to the extent that the statement is within the power of the respondent, have regard to that statement.".
9. Part heading amended
The heading to Part III is amended by repealing "a Board" and substituting "the Board".
10. Manner in which appeal commenced
Section 8 is amended---
(a) in subsection (1) by repealing "a Board" and substituting "the Board";
(b) in subsection (2)---
(i) in paragraph (b), by repealing "decision" and substituting
"administrative decision or appeal board decision";
(ii) by repealing paragraph (c) and substituting---
"(c) any person (other than the appellant) who, in the case of an appeal against---
(i) an administrative decision, before that decision is made; and
(ii) an appeal board decision, before the first decision was made,
made representations to the decision maker in relation to the subject matter of the administrative decision or first decision and to whom the Chairman has directed that notice be given.";
(c) by adding---
"(3) In subsection (2)(c), "decision maker" (作出決定者) and "first decision" (原來決定) have the meaning given to them in section 9(4).".
11. Decision maker to lodge statement and relevant documents
Section 9 is amended---
(a) in subsection (1)---
(i) by repealing "respondent" where it first appears and substituting "decision maker";
(ii) by repealing "a Board," and substituting "the Board";
(iii) in paragraph (a)---
(A) by adding ", and if he is the appellant, on the respondent," after "appellant";
(B) by repealing "decision" where it first appears and substituting "administrative decision or appeal board decision";
(C) by repealing "to the decision" and substituting "to the administrative decision or first decision";
(D) by adding---
"(iia) sets out the policy, if any, relied upon by the decision maker when the administrative decision or first decision was made;";
(E) in subparagraph (iii)---
(I) by repealing "respondent" and substituting "decision maker";
(II) by repealing "of the decision" and substituting "of the administrative decision or first decision";
(F) in subparagraph (iv) by repealing "decision" and substituting "administrative decision or first decision";
(G) by repealing "有關的委員會" and substituting "委員會";
(iv) in paragraph (b) by repealing "respondent" and substituting "decision maker";
(b) in subsection (2)---
(i) by repealing "respondent" and substituting "decision maker";
(ii) by adding ", and if he is the appellant, on the respondent," after "appellant";
(iii) by repealing "by the decision" and substituting "by the administrative decision or appeal board decision";
(c) by adding---
"(2A) Where the appeal is against an appeal board decision, the appellant must lodge with the Board a copy of the appeal board decision.";
(d) in subsection (3) by repealing "respondent" wherever it appears and substituting "decision maker";
(e) by adding---
"(4) In this section and section 8(2)(c)---
"decision maker" (作出決定者) means the person who made the administrative decision or the first decision;
"first decision" (原來決定) means the decision which was the subject matter of the appeal board decision.".
12. Hearings to be in public except in special circumstances
Section 10(1) is amended by repealing "a Board" and substituting "the Board".
13. Conduct of proceedings, evidence etc.
Section 12(3) is amended by repealing "a Board" where it twice appears and substituting "the Board".
14. Questions of law
Section 13(1) is amended by repealing "A Board" and substituting "The Board".
15. Questions to be decided by majority
Section 14 is amended---
(a) by repealing "a Board" and substituting "the Board";
(b) by repealing everything after "constituting the Board" and substituting a full stop.
16. Decision of the Board
Section 15 is amended---
(a) in subsection (1) by repealing "A Board" and substituting "The Board";
(b) in subsections (3) and (4) by repealing "a Board" wherever it appears and substituting "the Board".
17. Immunity
Section 16 is amended by repealing "a Board" where it twice appears and substituting "the Board".
18. Offences relating to Board
Section 18 is amended by repealing "a Board" where it twice appears and substituting "the Board".
19. Regulations
Section 20(b) is amended by repealing "Boards" and substituting "Board".
20. Section added
The following is added in Part IV---
"21A. Current terms of office to cease on commencement of amendments in Provision of Municipal Services (Reorganization) Ordinance
Notwithstanding anything in this Ordinance, the term of office of a person appointed as Chairman, Vice-Chairman, other member or Secretary to a board which existed under this Ordinance immediately before the commencement of the amendments to this Ordinance made by the Provision of Municipal Services (Reorganization) Ordinance ( of 1999) which is current immediately before such commencement, is to expire on such commencement.".
21. "委員會" substituted for "該委員會"
Sections 9(1)(b), (2) and (3), 10(2)(b) and 17(2) are amended by repealing "該委員會" wherever it appears and substituting "委員會".
------------------------------
SCHEDULE 5 [s. 7]
Amendments to Dutiable Commodities Ordinance
and Its Subsidiary Legislation
Dutiable Commodities Ordinance
1. Interpretation
Section 2(1) of the Dutiable Commodities Ordinance (Cap. 109) is amended by repealing the definitions of "Regional Council area" and "Urban Council area".
2. Regulations
Section 6 is amended---
(a) in subsection (1)---
(i) by repealing paragraph (g) and substituting---
"(g) fees other than fees for liquor licences issued by the board established under paragraph (n);";
(ii) in paragraph (n) by repealing "establishment, functions and procedure of boards appointed for the purpose" and substituting "establishment of a board for the purpose of issuing liquor licences and the functions, powers and procedure of that board";
(iii) by adding---
"(na) exemptions from the requirement for a liquor licence;";
(b) by adding---
"(4A) Without limiting subsection (1)(n), regulations made under that subsection may---
(a) provide for the composition of the board established under the regulations, including the appointment of its members by the Chief Executive and its staff by the Secretary for the Environment and Food;
(b) empower the board to make rules for regulating proceedings before it (in addition to the procedure provided in the regulations).".
3. Section substituted
Section 6A is repealed and the following substituted---
"6A. Secretary for the Environment and Food may prescribe fees for liquor licences
The Secretary for the Environment and Food may by regulation provide for the fees payable for liquor licences the board established under section 6(1)(n) is empowered to issue, including fees for the issue of a liquor licence or a duplicate licence and renewal, transfer or amendment of a liquor licence.".
Dutiable Commodities (Liquor) Regulations
4. Interpretation
Regulation 2(1) of the Dutiable Commodities (Liquor) Regulations (Cap. 109 sub. leg.) is amended---
(a) by repealing the definitions of "Appeals Board" and "Board";
(b) in the definition of "prescribed fee" by repealing everything after "or," and substituting "the fee prescribed by the Secretary for the Environment and Food under section 6A of the Ordinance, as the case may require;";
(c) by adding---
""Board" (酒牌局) means the Liquor Licensing Board established under section 2A;
"Municipal Services Appeals Board" (市政服務上訴委員會) means the Municipal Services Appeals Board established under section 3 of the Municipal Services Appeals Board Ordinance (Cap. 220);".
5. Part heading amended
The heading of Part II is amended by repealing "Boards" and substituting "Board".
6. Regulation added
The following is added in Part II---
"2A. Establishment and composition of Liquor Licensing Board
(1) There is established a board to be known as the Liquor Licensing Board.
(2) The Board is to consist of---
(a) a Chairman; and
(b) 10 other members,
appointed by the Chief Executive.
(3) A person appointed as Chairman or other member is to hold and vacate office in accordance with that person's terms of appointment.
(4) The Secretary for the Environment and Food may appoint---
(a) a secretary to the Board; and
(b) other staff (which may include a legal adviser),
as the Secretary considers necessary.".
7. Urban Council may delegate powers
Regulation 3 is repealed.
8. Regional Council may delegate powers
Regulation 4 is repealed.
9. Applications for liquor licences
Regulation 15(1) is amended by repealing "Urban Council or the Regional Council as the case may require" and substituting "Board".
10. Decision of Board. Appeal to Municipal Services Appeals Board
Regulation 17(2) is amended by repealing "Appeals Board" and substituting "Municipal Services Appeals Board".
11. Restriction against further applications
Regulation 19(2) is amended by repealing "Appeals Board" and substituting "Municipal Services Appeals Board".
12. Revocation and suspension of licences
Regulation 23(2) is amended by repealing "Appeals Board" and substituting "Municipal Services Appeals Board".
13. Issue of temporary licences
Regulation 25(2) is amended by repealing "Urban Council or the Regional Council as the case may require" and substituting "Board".
14. Clubs to be licensed for supply of liquor to members
Regulation 26(2) and (3) is amended by repealing "Urban Council or the Regional Council as the case may require" and substituting "Board".
15. Restrictions on employment of young persons on licensed premises
Regulation 29(1A) is amended by repealing "Appeals Board" and substituting "Municipal Services Appeals Board".
16. Regulation added
The following is added---
"33. Transitional
(1) Any application under these regulations made to a former board pending immediately before the commencement date is to be treated as a new application made to the Board under these regulations as amended by the amendments and is to be disposed of by the Board accordingly.
(2) In this regulation---
"the amendments" (有關修訂) means amendments made by the Provision of Municipal Services (Reorganization) Ordinance ( of 1999) to these regulations;
"commencement date" (生效日期) means the date on which the amendments come into operation;
"former board" (前酒牌局) means a body which immediately before the commencement date had authority to determine an application made under regulation 15.".
Dutiable Commodities (Liquor Licences) (Specification of Fees)
(Regional Council Area) Notice
17. Repeal
The Dutiable Commodities (Liquor Licences) (Specification of Fees) (Regional Council Area) Notice (Cap. 109 sub. leg.) is repealed.
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SCHEDULE 6 [s. 7]
Amendments to Places of Public Entertainment Ordinance
and Its Subsidiary Legislation
Places of Public Entertainment Ordinance
1. Interpretation
Section 2 of the Places of Public Entertainment Ordinance (Cap. 172) is amended by repealing the definition of "licensing authority" and substituting---
""licensing authority" (發牌當局) means the Secretary for Home Affairs or a public officer authorized under section 3B;".
2. Section added
The following is added---
"3B. Secretary for Home Affairs may authorize public officer in respect of licensing matters
The Secretary for Home Affairs may authorize in writing any public officer to issue or cancel any licence or exercise any other function relating to licensing matters (other than the regulation making power under section 7) under this Ordinance.".
3. Urban Council premises
Section 4A is repealed.
4. Regional Council premises
Section 4B is repealed.
5. Power to make regulations for places of public entertainment
Section 7(1) is amended by adding---
"(ba) fees payable in respect of any licence the licensing authority is empowered to issue, including fees for the issue of a licence or duplicate licence and renewal or amendment of a licence;".
6. Licensing authority may determine fees
Section 7C is repealed.
7. Appeal to Municipal Services Appeals Board
Section 9(1) is amended by repealing everything after "appeal" and substituting "to the Municipal Services Appeals Board established under section 3 of the Municipal Services Appeals Board Ordinance (Cap. 220).".
8. Power to close places of public entertainment used in contravention of provisions of this Ordinance
Section 11(1), (2), (4), (8), (9) and (11) is amended by repealing "by it" wherever it appears and substituting "by that authority".
9. Schedule amended
Schedule 2 is amended in Forms 1 and 2 by repealing "by it" wherever it appears and substituting "by that authority".
Places of Public Entertainment Regulations
10. Interpretation
Regulation 2 of the Places of Public Entertainment Regulations (Cap. 172 sub. leg.) is amended---
(a) by repealing the definitions of "the appropriate appeals board", "licensing authority", "Regional Council area" and "Urban Council area";
(b) by adding---
" "Municipal Services Appeals Board" (市政服務上訴委員會) means the Municipal Services Appeals Board established under section 3 of the Municipal Services Appeals Board Ordinance (Cap. 220);".
11. Licences
Regulation 3(4)(b) is amended by repealing "appropriate appeals board" and substituting "Municipal Services Appeals Board".
12. Licences
Regulation 162(11)(b) is amended by repealing "appropriate appeals board" and substituting "Municipal Services Appeals Board".
13. Variation of licence conditions
Regulation 169A(3)(b) and (4) is amended by repealing "appropriate appeals board" and substituting "Municipal Services Appeals Board".
14. Cancellation of licence
Regulation 173(2)(b) and (3) is amended by repealing "appropriate appeals board" and substituting "Municipal Services Appeals Board".
SCHEDULE 7 [s. 7]
Consequential and Miscellaneous Amendments
Interpretation and General Clauses Ordinance
1. Interpretation of words and expressions
Section 3 of the Interpretation and General Clauses Ordinance (Cap. 1) is amended---
(a) in the definition of "public body" by repealing paragraphs (c) and (cb);
(b) by repealing the definitions of "Regional Council" and "Urban Council".
Public Finance Ordinance
2. Collection of fees
Section 17C(5) of the Public Finance Ordinance (Cap. 2) is repealed.
3. Reduction, etc. of fees and charges
Section 39A is amended by repealing "other than the Urban Council or the Regional Council".
Jury Ordinance
4. Exemptions from service
Section 5(aa) of the Jury Ordinance (Cap. 3) is repealed.
Defamation Ordinance
5. Limitation on privilege at elections
Section 28 of the Defamation Ordinance (Cap. 21) is amended by repealing "or to the Urban Council or to the Regional Council".
Land (Miscellaneous Provisions) Ordinance
6. Designated Authorities
The Schedule to the Land (Miscellaneous Provisions) Ordinance (Cap. 28) is amended in column 3 by repealing ", the Urban Council".
Employment of Children Regulations
7. Prohibited Occupations
Paragraph 2 of the Schedule to the Employment of Children Regulations (Cap. 57 sub. leg.) is amended by repealing "by-law 15 of the Public Cleansing and Prevention of Nuisances (Regional Council) By-laws (Cap. 132 sub. leg.) and to by-law 15 of the Public Cleansing and Prevention of Nuisances (Urban Council) By-laws" and substituting "section 15 of the Public Cleansing and Prevention of Nuisances Regulation".
Legal Aid Ordinance
8. Proceedings for which legal aid may be given under section 5
Paragraph 4 of Part II of Schedule 2 to the Legal Aid Ordinance (Cap. 91) is amended by repealing ", Urban Council, Regional Council".
Judicial Officers Recommendation Commission Ordinance
9. Certain persons ineligible for appointment as members of the Commission
Section 4 of the Judicial Officers Recommendation Commission Ordinance (Cap. 92) is amended---
(a) in subsection (1)(b) by repealing "or out of the revenue or funds of the Urban Council or the Regional Council";
(b) by repealing subsection (2).
Fire Services Department (Reports and Certificates) Regulations
10. Fees
Regulation 3 of the Fire Services Department (Reports and Certificates) Regulations (Cap. 95 sub. leg.) is amended in the Table by repealing items 3 and 4 and substituting---
"3. Certificate required for compliance with section 33B of the Food Business Regulation (Cap. 132 sub. leg.)---
(a) general restaurant or light refreshment restaurant not exceeding 230 m2 in gross floor area
$1,260
(b) general restaurant or light refreshment restaurant exceeding 230 m2 in gross floor area but not exceeding 2 000 m2 in gross floor area
$1,500
(c) general restaurant or light refreshment restaurant exceeding 2 000 m2 in gross floor area
$1,640
(d) bakery, food factory or factory canteen not exceeding 230 m2 in gross floor area
$1,060
(e) bakery, food factory or factory canteen exceeding 230 m2 in gross floor area but not exceeding 2 000 m2 in gross floor area
$1,300
(f) bakery, food factory or factory canteen exceeding 2 000 m2 in gross floor area
$1,440".
Forests and Countryside Ordinance
11. Interpretation
Section 2 of the Forests and Countryside Ordinance (Cap. 96) is amended by repealing the definition of "Secretary" and substituting---
" "Secretary" (局長) means the Secretary for the Environment and Food.".
12. Power of Secretary to make regulations
Section 3(1) is amended by repealing "規劃環境地政局局長" where it twice appears and substituting "局長".
New Territories Ordinance
13. Power to make rules
Section 4 of the New Territories Ordinance (Cap. 97) is amended---
(a) by renumbering it as section 4(1);
(b) by adding---
"(2) The Chief Executive in Council may make rules providing for the fees payable for duplicates of permits or licences issued under this Ordinance.".
Estate Duty Ordinance
14. What property is deemed to pass on death
Section 6(7) of the Estate Duty Ordinance (Cap. 111) is amended by repealing "the Urban Council or the Regional Council,".
15. Exceptions for transactions for money consideration, property situate outside Hong Kong, shares on local registers and certain land in the New Territories
Section 10(g) is amended by repealing "the Urban Council or the Regional Council,".
Inland Revenue Ordinance
16. Interpretation
Section 2(1) of the Inland Revenue Ordinance (Cap. 112) is amended in the definition of "approved charitable donation" by repealing "the Urban Council or Regional Council,".
Miscellaneous Licences Regulations
17. Latrines
Regulation 75 of the Miscellaneous Licences Regulations (Cap. 114 sub. leg.) is amended by repealing everything after "satisfaction" and substituting "of the Director of Food and Environmental Hygiene.".
18. Hygiene
Regulation 76 is amended by repealing everything after "satisfaction" and substituting "of the Director of Food and Environmental Hygiene.".
19. Latrines
Regulation 125 is amended by repealing everything after "satisfaction" and substituting "of the Director of Food and Environmental Hygiene.".
20. Hygiene
Regulation 126 is amended by repealing everything after "satisfaction" and substituting "of the Director of Food and Environmental Hygiene.".
Rating Ordinance
21. Interpretation
Section 2 of the Rating Ordinance (Cap. 116) is amended---
(a) by repealing the definition of "rates" and substituting---
" "rates" (差餉) means rates chargeable under this Ordinance;";
(b) by repealing the definitions of "Regional Council area" and "Urban Council area".
22. Rateable values in new valuation lists
Section 7A(5) is amended by repealing "for the Urban Council area or Regional Council area in which the tenement is situated".
23. Direction to prepare valuation lists
Section 11(1) is amended---
(a) in paragraph (a) by repealing "for the Urban Council area or Regional Council area";
(b) in paragraph (b) by repealing "in the Urban Council area or Regional Council area".
24. Preparation of lists of rateable values
Section 12(1) is amended by repealing ", in respect of the Urban Council area or Regional Council area as designated in the direction,".
25. Declared list to be valuation list
Section 14 is amended by repealing ", for the Urban Council area or Regional Council area to which it relates".
26. Computation of rates payable
Section 18 is amended---
(a) in subsection (1) by repealing everything after "year" and substituting---
"on the rateable value of every tenement included in a valuation list, rates which are to be computed on the basis of the percentage of the rateable value of the tenement concerned, prescribed for the purposes of this subsection.";
(b) in subsection (2) by repealing "in the case of a tenement in the Urban Council area, general rates and Urban Council rates and, in the case of a tenement in the Regional Council area, general rates and Regional Council rates" and substituting "the rates".
27. Payment of rates to the Urban and Regional Councils
Section 23 is repealed.
28. Exemption of certain tenements from assessment
Section 36 is amended---
(a) in subsection (1)(f) by repealing ", the Urban Council, the Regional Council";
(b) in subsection (2) by repealing "the Urban Council area or Regional Council area" and substituting "Hong Kong";
(c) in subsection (3A) by repealing "in the Urban Council area or Regional Council area".
29. Saving of valuation lists in force before commencement of Rating (Amendment) Ordinance 1990
Section 55 is amended by adding---
"(1A) On and after the commencement date, any valuation list which is continued in force under subsection (1) for any purpose, continues to apply for that purpose as provided in that subsection as if the amendments had not been made and that subsection is to be construed accordingly.
(1B) In subsection (1A), "the amendments" (有關修訂) and "commencement date" (生效日期) have the meanings given to them in section 56(8).".
30. Section added
The following is added---
"56. Savings and transitional arrangements on amendment of Ordinance by Provision of Municipal Services (Reorganization) Ordinance
(1) A valuation list applicable in respect of a tenement for any purpose of this Ordinance immediately before the commencement date is applicable on and after that date in respect of that tenement and for that purpose as if the amendments had not been made.
(2) Any Resolution of the Legislative Council made under section 18(1) and in force immediately before the commencement date continues to have effect on and after that date to the extent that it is relevant for the purpose of computing or determining rates payable for any period ending before the commencement date or determining the amount of a refund in relation to such rates and for those purposes the Resolution is to be construed as if the amendments had not been made.
(3) Notwithstanding section 18(1) and any Resolution of the Legislative Council made under that section and in force immediately before the commencement date, the percentage of the rateable value on the basis of which rates payable on and after that date under that section are to be computed is 5% and any relevant reference to the percentage prescribed for the purposes of that section is to be construed accordingly.
(4) Subsection (3) is to apply until the next Resolution of the Legislative Council made under section 18(1) takes effect to prescribe the percentage of the rateable value for the purposes of that section.
(5) For the avoidance of doubt it is stated that nothing in the amendments are to be construed as affecting the liability for rates payable for any period ending before the commencement date and that such rates may be recovered as if the amendments had not been made.
(6) For the avoidance of doubt it is stated that nothing in the amendments are to be construed as affecting any right to a refund in respect of rates paid or payable for a period ending before the commencement date.
(7) Without limiting subsection (5), if as a result of an interim valuation any rates or part of rates known and payable as "Urban Council rates" or "Regional Council rates" before the commencement date become payable in relation to any period ending before the commencement date, the liability for payment is not affected by anything in the amendments and they can be recovered as if the amendments had not been made.
(8) In this section---
"the amendments" (有關修訂) means the amendments made to this Ordinance by the Provision of Municipal Services (Reorganization) Ordinance ( of 1999);
"commencement date" (生效日期) means the date on which the amendments come into operation.".
Rating (Miscellaneous Exemptions) Order
31. Schedule amended
Section 2 of the Schedule to the Rating (Miscellaneous Exemptions) Order (Cap. 116 sub. leg.) is amended by repealing ", the Urban Council, the Regional Council".
Stamp Duty Ordinance
32. Instruments generally exempted
Section 39(e) and (ea) of the Stamp Duty Ordinance (Cap. 117) is repealed.
Building (Refuse Storage Chambers and Chutes) Regulations
33. Interpretation
Regulation 2 of the Building (Refuse Storage Chambers and Chutes) Regulations (Cap. 123 sub. leg.) is amended by repealing the definition of "collection authority" and substituting---
" "collection authority" (收集當局) means the Director of Food and Environmental Hygiene;".
Pesticides Ordinance
34. Regulations
Section 19(1B) and (1C) of the Pesticides Ordinance (Cap. 133) is amended by repealing "Secretary for Health and Welfare" and substituting "Secretary for the Environment and Food".
Mental Health Regulations
35. Power to open and examine any postal article, etc.
Regulation 5(2)(d) and (e) of the Mental Health Regulations (Cap. 136 sub. leg.) is repealed.
Public Health (Animals and Birds) Ordinance
36. Limitation of liability of members of Agriculture and Fisheries Department, etc.
Section 14 of the Public Health (Animals and Birds) Ordinance (Cap. 139) is amended by adding "or the Department of Food and Environmental Hygiene" after "Department".
Public Health (Animals and Birds) Regulations
37. Imported animals to be taken to abattoir or Government Depot
Regulation 9(1) of the Public Health (Animals and Birds) Regulations (Cap. 139 sub. leg.) is repealed.
Public Health (Animals and Birds) (Keeping of Cattle, Sheep and Goats) Regulations
38. Application
Regulation 2(c) of the Public Health (Animals and Birds) (Keeping of Cattle, Sheep and Goats) Regulations (Cap. 139 sub. leg.) is repealed and the following substituted---
"(c) in the area comprising the Districts specified as Islands District, Kwai Tsing District, North District, Sai Kung District, Sha Tin District, Tai Po District, Tsuen Wan District, Tuen Mun District and Yuen Long District in Part II of Schedule 1 to the District Councils Ordinance (8 of 1999).".
Dairies Regulations
39. Interpretation
Regulation 2 of the Dairies Regulations (Cap. 139 sub. leg.) is amended in the definition of "milk factory" by repealing everything after "meaning of" and substituting "the Milk Regulation (Cap. 132 sub. leg.);".
Poultry (Slaughtering for Export) Regulations
40. Requirements of these regulations to be additional to and not in derogation of other enactments
Regulation 120(c) and (d) of the Poultry (Slaughtering for Export) Regulations (Cap. 139 sub. leg.) is repealed and the following substituted---
"(c) the Food Business Regulation (Cap. 132 sub. leg.);".
Public Health (Animals and Birds) (Licensing of Livestock Keeping) Regulation
41. Livestock waste control areas
Schedule 1 to the Public Health (Animals and Birds) (Licensing of Livestock Keeping) Regulation (Cap. 139 sub. leg.) is amended by repealing "Regional Council area".
Societies Ordinance
42. Interpretation
Section 2(1) of the Societies Ordinance (Cap. 151) is amended in the definition of "election" by repealing ", the Urban Council, the Regional Council".
Chinese Temples Ordinance
43. Revenues, etc., of all Chinese temples to be under the control of the Chinese Temples Committee
Section 7(2)(b) of the Chinese Temples Ordinance (Cap. 153) is amended by repealing "unofficial member for the time being of the Urban Council".
Banking Ordinance
44. Application
Section 3(1)(i) of the Banking Ordinance (Cap. 155) is repealed.
Wild Animals Protection Ordinance
45. Power to amend Schedules
Section 22(1) and (2) of the Wild Animals Protection Ordinance (Cap. 170) is amended by repealing "Secretary for Planning, Environment and Lands" and substituting "Secretary for the Environment and Food".
Animals and Plants (Protection of Endangered Species) Ordinance
46. Power to amend the Schedules
Section 19(1A) of the Animals and Plants (Protection of Endangered Species) Ordinance (Cap. 187) is amended by repealing "Secretary for Economic Services" and substituting "Secretary for the Environment and Food".
Defences (Firing Areas) Ordinance
47. List of Persons to be supplied with Programmes, Notices and Charts
The Second Schedule to the Defences (Firing Areas) Ordinance (Cap. 196) is amended by repealing "Director of Urban Services." and "Director of Regional Services.".
Prevention of Bribery Ordinance
48. Interpretation
Section 2(1) of the Prevention of Bribery Ordinance (Cap. 201) is amended in the definition of "public body" by repealing paragraphs (d) and (db).
49. Effect of conviction of an offence under this Ordinance
Section 33(b) is amended by repealing ", the Urban Council, the Regional Council".
Consumer Council Ordinancev
50. Functions of Council
Section 4(3)(a)(i) of the Consumer Council Ordinance (Cap. 216) is amended by repealing ", the Urban Council or the Regional Council".
Weapons Ordinance
51. Application
Section 3(b) of the Weapons Ordinance (Cap. 217) is amended by repealing "or the Urban Council".
Magistrates Ordinance
52. Offences to which defendant may plead guilty by letter
The Third Schedule to the Magistrates Ordinance (Cap. 227) is amended in paragraph 4 by repealing "by-law 9 (Prevention of obstruction) of the Public Market (Urban Council) By-laws" and substituting "section 9 (Prevention of obstruction) of the Public Markets Regulation".
53. Schedule amended
The Fourth Schedule is amended---
(a) in the column headed "Offences" by repealing paragraphs (a) and (b) wherever they appear and substituting---
"(a) Any offence under the Public Cleansing and Prevention of Nuisances Regulation (Cap. 132 sub. leg.).";
(b) by repealing the headings "Regional Services Department" and "Urban Services Department" and everything under those headings and substituting---
"Department of Food and
Environmental Hygiene
(i) Senior Overseer (a) Any offence under Part III of the Public Health and Municipal Services Ordinance (Cap. 132).
(ii) Overseer
(iii) Senior Foreman
(iv) Foreman
(v) Health Inspector
(vi) Principal Hawker Control Officer
(vii) Chief Hawker Control Officer
(viii) Senior Hawker Control Officer
(ix) Hawker Control Officer
(x) Assistant Hawker Control Officer
(i) Director of Food and Environmental Hygiene (b) Any offence under the Public Cleansing and Prevention of Nuisances Regulation (Cap. 132 sub. leg.).
(ii) Deputy Director of Food and Environmental Hygiene
(iii) Assistant Director
(iv) Senior Overseer
(v) Overseer
(vi) Senior Foreman
(vii) Foreman
(viii) Health Inspector
(ix) Transport Supervisor
(x) Principal Hawker Control Officer
(xi) Chief Hawker Control Officer
(xii) Senior Hawker Control Officer
(xiii) Hawker Control Officer
(xiv) Assistant Hawker Control Officer
(i) Director of Food and Environmental Hygiene (c) Any offence under section 4D(1) of the Summary Offences Ordinance (Cap. 228).
(ii) Deputy Director of Food and Environmental Hygiene
(iii) Assistant Director
(iv) Senior Overseer
(v) Overseer
(vi) Senior Foreman
(vii) Foreman
(viii) Health Inspector
(ix) Principal Hawker Control Officer
(x) Chief Hawker Control Officer
(xi) Senior Hawker Control Officer
(xii) Hawker Control Officer
(xiii) Assistant Hawker Control Officer ";
(c) by adding---
"Leisure and Cultural Services Department
(i) Amenities Officer (a) Any offence under Part III of the Public Health and Municipal Services Ordinance (Cap. 132).
(ii) Amenities Assistant
(iii) Senior Foreman
(iv) Foreman
(i) Amenities Officer (b) Any offence under the Public Cleansing and Prevention of Nuisances Regulation (Cap. 132 sub. leg.).
(ii) Amenities Assistant
(iii) Curator
(iv) Senior Foreman
(v) Foreman
(vi) Librarian
(vii) Manager, Cultural Services
(viii) Recreation and Sports Officer
(i) Amenities Officer (c) Any offence under section 4D(1) of the Summary Offences Ordinance (Cap. 228).
";
(ii) Amenities Assistant
(iii) Senior Foreman
(iv) Foreman
(v) Recreation and Sports Officer
Magistrates (Forms) Rules
54. Schedule amended
Paragraph 1(b) and (c) of Form 1A in the Schedule to the Magistrates (Forms) Rules (Cap. 227 sub. leg.) is repealed and the following substituted---
"*(b) the Public Cleansing and Prevention of Nuisances Regulation (Cap. 132 sub. leg.) section ........;".
Summary Offences Ordinance
55. Powers of entry etc.
Section 4E(1) of the Summary Offences Ordinance (Cap. 228) is amended by repealing "Urban Council, the Regional Council" and substituting "Director of Food and Environmental Hygiene".
56. Offences by carriers of nightsoil and pigwash
Section 5(1)(a) and (b) is amended by repealing "Urban Council" and substituting "Director of Food and Environmental Hygiene".
Prison Rules
57. Interpretation
Section 1A of the Prison Rules (Cap. 234 sub. leg.) is amended in the definition of "specified person" by repealing paragraphs (d) and (e).
Firearms and Ammunition Ordinance
58. Possession on behalf of the Crown etc.
Section 3(b) of the Firearms and Ammunition Ordinance (Cap. 238) is amended by repealing "or the Urban Council".
Agricultural Products (Marketing) Ordinance
59. Seal, style and acts of Director
Section 4(6) of the Agricultural Products (Marketing) Ordinance (Cap. 277) is amended by repealing "Secretary for Economic Services" and substituting
"Secretary for the Environment and Food".
Hong Kong Arts Centre Ordinance
60. Membership of the Board
Section 9(2) of the Hong Kong Arts Centre Ordinance (Cap. 304) is amended---
(a) by repealing paragraphs (c) and (d);
(b) in paragraph (g) by repealing "at least 2 members but not more than 5 members" and substituting "at least 4 but not more than 7 members".
Business Registration Regulations
61. Exemptions
Regulation 8(b) of the Business Registration Regulations (Cap. 310 sub. leg.) is amended by repealing "Hawker (Urban Council) By-laws (Cap. 132 sub. leg.) or the Hawker (Regional Council) By-laws" and substituting "Hawker Regulation".
Air Pollution Control Ordinance
62. Interpretation
Section 2 of the Air Pollution Control Ordinance (Cap. 311) is amended by repealing the definition of "Secretary" and substituting---
" "Secretary" (局長) means the Secretary for the Environment and Food;".
63. "局長" substituted for "規劃環境地政局局長"
Sections 2 (in the definitions of "含石棉物料" and "空氣質素指標"), 4A, 7, 8(3), 9, 16(3) and (4), 18A(3) and (5), 19(1), 20AA(1), 21(2), 37(1), 37A, 37B(1), (2) and (5), 39(1) and (2), 40, 43(1), 69(2), (3), (4) and (6), 75(4) and (5) and 79(2)(c) and (3) are amended by repealing "規劃環境地政局局長" wherever it appears and substituting "局長".
Air Pollution Control (Appeal Board) Regulations
64. Interpretation
Section 2 of the Air Pollution Control (Appeal Board) Regulations (Cap. 311 sub. leg.) is amended by adding---
" "Secretary" (局長) means the Secretary for the Environment and Food;".
65. "局長" substituted for "規劃環境地政局局長"
Sections 3(2), 4(1), 7, 9(2) and 11(b) are amended by repealing "規劃環境地政局局長" and substituting "局長".
Merchant Shipping (Miscellaneous Craft) Regulations
66. Application of Public Health and Municipal Services Ordinance
Regulation 47K(2) of the Merchant Shipping (Miscellaneous Craft) Regulations (Cap. 313 sub. leg.) is amended---
(a) in paragraph (a)---
(i) by repealing "Food Business (Urban Council) By-laws (Cap. 132 sub. leg.) or the Food Business (Regional Council) Bylaws as the case may be" and substituting "Food Business Regulation (Cap. 132 sub. leg.)";
(ii) by repealing "by-law 33 of the Food Business (Urban Council) By-laws (Cap. 132 sub. leg.) or regulation 32 of the Food Business (Regional Council) Bylaws (Cap. 132 sub. leg.), as the case may be" and substituting "section 33 of the Food Business Regulation (Cap. 132 sub. leg.)";
(b) by repealing "Food Business (Urban Council) By-laws (Cap. 132 sub. leg.) or the Food Business (Regional Council) Bylaws (Cap. 132 sub. leg.), as the case may be" and substituting "Food Business Regulation (Cap. 132 sub. leg.)".
Trade Unions Ordinance
67. Electoral fund
Section 33A(1) of the Trade Unions Ordinance (Cap. 332) is amended by repealing ", the Urban or Regional Council" wherever it appears.
Protection of Investors Ordinance
68. Schedule amended
Part IVA of the Schedule to the Protection of Investors Ordinance (Cap. 335) is amended by repealing items 2 and 3.
Waste Disposal Ordinance
69. Interpretation
Section 2(1) of the Waste Disposal Ordinance (Cap. 354) is amended---
(a) in the definition of "collection authority" by repealing paragraph (b) and substituting---
"(b) in relation to any other waste, means the Director of Food and Environmental Hygiene;";
(b) by repealing the definitions of "Regional Council area" and "Urban Council area";
(c) by adding---
" "Secretary" (局長) means the Secretary for the Environment and Food;".
70. Preparation of draft waste disposal plans
Section 3(1) is amended by repealing "the Urban Council in relation to the Urban Council area and the Regional Council in relation to the Regional Council area, and having regard to their views" and substituting "and having regard to that Council's views".
71. Licensing of collection and scavenging services
Section 10(3) and (4) is repealed.
72. Property in collected waste, etc.
Section 14 is amended by repealing everything after "shall" and substituting "be the property of the Government and may be sold or disposed of by the collection authority in a manner that authority thinks fit.".
73. Applications for and grant of licences
Section 21(3) is amended by repealing everything after "prescribed fee" and substituting a full stop.
74. Protection of Crown, etc.
Section 32 is amended---
(a) in subsection (1) by repealing ", the Urban Council, the Regional Council";
(b) in subsection (3) by repealing ", the Urban Council or the Regional Council".
75. Regulations
Section 33(1) is amended---
(a) by repealing everything from ", with" to "fulfil" where it secondly appears;
(b) in paragraph (i) by repealing everything after "Ordinance" and substituting a semicolon.
76. Section added
The following is added---
"41. Savings
(1) Any draft waste disposal plan prepared or approved under a provision amended by the Provision of Municipal Services (Reorganization) Ordinance ( of 1999) ("Amending Ordinance") which is in force immediately before the amendments come into operation continues to have effect on and after such commencement as if prepared under the provision as amended by that Ordinance.
(2) Any regulations made under a provision amended by the Amending Ordinance which are in force immediately before the amendments come into operation continue to be in force (subject to any amendments made by that Ordinance) as if made under the provision so amended and may be amended, repealed or replaced under the amended provision.".
77. Livestock Waste Prohibition Areas
The First Schedule is amended---
(a) by repealing "Urban Council area" where it first appears;
(b) in item 1---
(i) by repealing "The Urban Council area" and substituting "The area comprising the Districts specified as Central and Western District, Eastern District, Kowloon City District, Kwun Tong District, Sham Shui Po District, Southern District, Wan Chai District, Wong Tai Sin District and Yau Tsim Mong District in Part II of Schedule 1 to the District Councils Ordinance (8 of 1999)";
(ii) by repealing "URBAN COUNCIL AREA" and substituting "URBAN AREA";
(c) by repealing "Regional Council area".
78. Livestock Waste Control Area
The Second Schedule is amended by repealing "Regional Council area".
79. Enlarged Areas
The Third Schedule is amended in Area No. 1 & 2 by repealing "Urban Council Area" and substituting "Urban Area".
80. Exempt Persons
The Fourth Schedule is amended---
(a) by repealing item 4;
(b) in item 5 by repealing "Food Business (Regional Council) Bylaws" and substituting "Food Business Regulation";
(c) by repealing items 11 and 12 and substituting---
"11. The Director of Food and Environmental Hygiene.".
81. Livestock Waste Restriction Areas
The Fifth Schedule is amended by repealing "Regional Council area".
82. "Secretary" substituted for "Secretary for Planning, Environment and Lands"
Sections 2(1) (in the definition of "Code of Practice"), 3, 4, 5, 6, 7, 35(1) and 37(2) are amended by repealing "Secretary for Planning, Environment and Lands" wherever it appears and substituting "Secretary".
Waste Disposal (Charges for Disposal of Waste) Regulation
83. Charges for disposal of waste
Section 2(2) of the Waste Disposal (Charges for Disposal of Waste) Regulation (Cap. 354 sub. leg.) is repealed.
Waste Disposal (Refuse Transfer Station) Regulation
84. Disposal of waste at refuse transfer stations
Section 4(2)(b) of the Waste Disposal (Refuse Transfer Station) Regulation (Cap. 354 sub. leg.) is repealed.
85. Exemption of charge
Section 16 is repealed.
Water Pollution Control Ordinance
86. Interpretation
Section 2(1) of the Water Pollution Control Ordinance (Cap. 358) is amended by repealing the definition of "Secretary" and substituting---
" "Secretary" (局長) means the Secretary for the Environment and Food;".
87. Prohibited discharges into communal sewers and communal drains
Section 9(3) is amended in the definition of "domestic sewage" in paragraph (c) by repealing everything after "subject to the" and substituting "Food Business Regulation (Cap. 132 sub. leg.);".
88. Schedule amended
The Fourth Schedule is amended by repealing the second and third entries and substituting---
"Public Cleansing and Prevention of Nuisances Regulation (Cap. 132 sub. leg.) The Regulation shall have effect as if it was amended as follows---
(a) in section 10, by deleting paragraph (c);
(b) in section 14, by deleting subsection (2) and substituting the following---
"(2) No person shall discharge, deposit, or place any pigwash in or into a public place.".".
89. "局長" substituted for "規劃環境地政局局長"
Sections 2(1) (in the definition of "水質指標"), 3, 5, 6(2), (4) and (5), 21(1) and (2), 29(1) and (5), 31(2), 33(1), (2) and (3), 42(1) and (2), 43 and 46(1)(i) are amended by repealing "規劃環境地政局局長" wherever it appears and substituting "局長".
Road Tunnels (Government) Ordinance
90. Advertising in road tunnel
Section 22(1) of the Road Tunnels (Government) Ordinance (Cap. 368) is amended by repealing "Advertisements By-laws" and substituting "Advertisements Regulation".
Road Traffic Ordinance
91. Advertising on parking meter
Section 114A(1) of the Road Traffic Ordinance (Cap. 374) is amended by repealing "Advertisements By-laws" and substituting "Advertisements Regulation".
Road Traffic (Registration and Licensing of Vehicles) Regulations
92. Marks reserved for Government vehicles
Regulation 11(2) and (3) of the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap. 374 sub. leg.) is repealed.
The Ombudsman Ordinance
93. Organizations to which this Ordinance applies
Part I of Schedule 1 to The Ombudsman Ordinance (Cap. 397) is amended---
(a) by repealing "Regional Council.", "Regional Services Department.", "Urban Council." and "Urban Services Department.";
(b) by adding---
"Leisure and Cultural Services Department.
Department of Food and Environmental Hygiene.".
Ozone Layer Protection Ordinance
94. Interpretation
Section 2 of the Ozone Layer Protection Ordinance (Cap. 403) is amended by repealing the definition of "Secretary" and substituting---
""Secretary" (局長) means the Secretary for the Environment and Food.".
95. "局長" substituted for "規劃環境地政局局長"
Sections 14A, 16(1) and 17 are amended by repealing "規劃環境地政局局長" wherever it appears and substituting "局長".
Rabies Ordinance
96. Interpretation
Section 2 of the Rabies Ordinance (Cap. 421) is amended by repealing the definition of "Secretary" and substituting---
""Secretary" (局長) means the Secretary for the Environment and Food.".
97. "局長" substituted for "經濟局局長"
Sections 40(2), 41(2) and (5) and 42(1) are amended by repealing "經濟局局長" wherever it appears and substituting "局長".
Environment and Conservation Fund Ordinance
98. Interpretation
Section 2 of the Environment and Conservation Fund Ordinance (Cap. 450) is amended---
(a) in the definition of "trustee" by repealing "Secretary for Planning, Environment and Lands" and substituting "Secretary";
(b) by adding---
" "Secretary" (局長) means the Secretary for the Environment and Food;".
99. Incorporation of Secretary as trustee
Section 5(1) is amended by repealing "Secretary for Planning, Environment and Lands" and substituting "Secretary".
100. Establishment of committee
Section 7(2)(b) is amended repealing "Secretary for Planning, Environment and Lands" and substituting "Secretary".
101. Section added
The following is added---
"10. Savings
For the avoidance of doubt it is stated that anything done under this Ordinance by or in relation to the Secretary for Planning, Environment and Lands as a corporation sole and having effect immediately before the date of coming into operation of the amendments made to this Ordinance by the Provision of Municipal Services (Reorganization) Ordinance ( of 1999) has effect on and after that date as if done by the Secretary for the Environment and Food.".
Dumping at Sea Ordinance
102. Designation of Authority, etc.
Section 4(2) of the Dumping at Sea Ordinance (Cap. 466) is amended by repealing "Secretary for Planning, Environment and Lands" and substituting "Secretary for the Environment and Food".
103. "局長" substituted for "司長"
(1) Section 2 is amended in the definition of "Secretary" by repealing "(司長)" and substituting "(局長)".
(2) Sections 4(2) and (3), 11(1) and (2), 13(2) and 14(1) and (2) are amended by repealing "司長" wherever it appears and substituting "局長".
Hong Kong Arts Development Council Ordinance
104. Establishment of the Council
Section 3 of the Hong Kong Arts Development Council Ordinance (Cap. 472) is amended---
(a) by repealing subsection (3)(b) and (c);
(b) in subsection (6)(f) by repealing ", the Urban Council or the Regional Council".
105. Powers of the Council
Section 5(2)(g) is amended by repealing "the Urban Council, the Regional Council,".
Sex Discrimination Ordinance
106. Discrimination in provision of goods, facilities or services
Section 28(2)(h)(i) and (ii) of the Sex Discrimination Ordinance (Cap. 480) is repealed.
Disability Discrimination Ordinance
107. Examples of services and facilities
Section 27(j)(i) and (ii) of the Disability Discrimination Ordinance (Cap. 487) is repealed.
Plant Varieties Protection Ordinance
108. Application
Section 4(2) of the Plant Varieties Protection Ordinance (Cap. 490) is amended by repealing "Secretary for Economic Services" and substituting "Secretary for the Environment and Food".
109. Regulations
Section 42(1) is amended by repealing "Secretary for Economic Services" and substituting "Secretary for the Environment and Food".
Whaling Industry (Regulation) Ordinance
110. Interpretation
Section 2 of the Whaling Industry (Regulation) Ordinance (Cap. 496) is amended in the definition of "licensing authority" by repealing "Secretary for Economic Services" and substituting "Secretary for the Environment and Food".
111. Protection for certain categories of whales
Section 4(5) is amended by repealing "Secretary for Economic Services" and substituting "Secretary for the Environment and Food".
112. Description of whales to which sections 6 to 8 apply
Section 5(1) is amended by repealing "Secretary for Economic Services" and substituting "Secretary for the Environment and Food".
Tsing Ma Control Area Ordinance
113. Additional powers of authorized officers
Section 14 of the Tsing Ma Control Area Ordinance (Cap. 498) is amended---
(a) in subsection (2)(b) by repealing ", an officer of the Urban Services Department or the Regional Services Department, as the case may be," and substituting "or an officer of the Department of Food and Environmental Hygiene";
(b) in subsection (3) by repealing everything after "against" and substituting "section 4(1), 9 or 9A of the Public Cleansing and Prevention of Nuisances Regulation (Cap. 132 sub. leg.).".
Environmental Impact Assessment Ordinance
114. Interpretation
Schedule 1 to the Environmental Impact Assessment Ordinance (Cap. 499) is amended by repealing the definition of "Secretary" and substituting---
" "Secretary" (局長) means the Secretary for the Environment and Food;".
115. "局長" substituted for "規劃環境地政局局長"
Sections 4(2), (3)(a) and (4), 5(11), 14(1), 16(1), (2) and (3), 24 and 32(1) and Schedule 1 (in the definition of "指定工程項目") are amended by repealing "規劃環境地政局局長" and substituting "局長".
Government Rent (Assessment and Collection) Ordinance
116. Interpretation
Section 2 of the Government Rent (Assessment and Collection) Ordinance (Cap. 515) is amended by repealing the definitions of "Regional Council area" and "Urban Council area".
117. Direction to prepare Government Rent Roll
Section 10(1)(a) is amended by repealing "which are situated in the Urban Council area or of such tenements situated in the Regional Council area or of both".
Family Status Discrimination Ordinance
118. Discrimination in provision of goods, facilities or services
Section 19(2)(h)(i) and (ii) of the Family Status (Discrimination) Ordinance (Cap. 527) is repealed.
Veterinary Surgeons Registration Ordinance
119. "Secretary for the Environment and Food" substituted for "Secretary for Economic Services"
Sections 3(2), 4(2), 5(h), 7(1), 28(1), 29(2) and 30(1) and Schedule 1 (in sections 1(2), 2 and 3(6)) to the Veterinary Surgeons Registration Ordinance (Cap. 529) are amended by repealing "Secretary for Economic Services" wherever it appears and substituting "Secretary for the Environment and Food".
Electoral Affairs Commission Ordinance
120. Interpretation
Section 2(1) of the Electoral Affairs Commission Ordinance (Cap. 541) is amended---
(a) in the definition of "election"---
(i) in paragraph (a)(i) by adding "or" at the end;
(ii) by repealing paragraph (a)(ii);
(b) by repealing the definitions of "Provisional Regional Council" and "Provisional Urban Council";
(c) in the definition of "public body" by repealing "or (ii)".
121. Establishment and membership
Section 3(5) is amended---
(a) by repealing paragraph (d)(iii);
(b) in paragraph (k)(viii) by adding "a body which was known at any time during that period of 4 years as" after "of";
(c) by repealing paragraph (k)(ix) and substituting---
"(ix) has been a member of a District Council;".
122. Regulations
Section 7 is amended---
(a) in subsection (3)---
(i) by repealing paragraph (b);
(ii) in paragraph (c) by repealing "or an election referred to in paragraph (b)";
(b) in subsection (4)(b)---
(i) by repealing "or an election referred to in subsection (3)(b)";
(ii) by repealing "or such other election".
123. Members disqualified from nomination
Section 13(1)(c)(iv) is amended---
(a) in sub-subparagraph (A) by adding "or" at the end;
(b) by repealing sub-subparagraph (B).
124. Criteria for making recommendations
Section 20 is amended---
(a) by repealing subsection (4)(b) and substituting---
"(b) existing boundaries of geographical constituencies.";
(b) in subsection (7) by repealing the definitions of "Regional Council Area" and "Urban Council Area".
125. Schedule amended
Part II of Schedule 1 is amended---
(a) in paragraph (a)(i) by adding "or" at the end;
(b) by repealing paragraph (a)(ii) and (iii).
Chinese Permanent Cemeteries Ordinance
126. Establishment and constitution of Board
Section 3(2)(a)(iii) and (iv) of the Chinese Permanent Cemeteries Ordinance (Cap. 1112) is repealed and the following substituted---
"(iii) the Director of Food and Environmental Hygiene; and".
Chinese Permanent Cemeteries Rules
127. Certain permits and certificates to be produced at time of interment
Rule 8 of the Chinese Permanent Cemeteries Rules (Cap. 1112 sub. leg.) is amended by repealing "Urban Council or of the Regional Council" and substituting "Director of Food and Environmental Hygiene".
Hong Kong Sports Development Board Ordinance
128. Establishment of the Board
Section 3(2)(c) and (d) of the Hong Kong Sports Development Board Ordinance (Cap. 1149) is repealed.
129. Powers of the Board
Section 5(2)(i) is amended by repealing "the Urban Council, the Regional Council,".
Dogs and Cats (Amendment) Ordinance 1997
130. Short title and commencement
Section 1(2) of the Dogs and Cats (Amendment) Ordinance 1997 (97 of 1997) is amended by repealing "Secretary for Economic Services" and substituting "Secretary for the Environment and Food".
131. Interpretation
Section 4(b) is amended by repealing the new definition of "Secretary" and substituting---
""Secretary" (局長) means the Secretary for the Environment and Food.".
132. Section substituted
Section 5 is amended in the new section 3(2)(a) by repealing "經濟局局長" and substituting "局長".
Explanatory Memorandum
The main object of this Bill is to transfer the functions presently exercised by the Provisional Regional Council and the Provisional Urban Council to the Government to be exercised by specified public officers, or to statutory bodies. The Bill proposes to repeal the Provisional Regional Council Ordinance (Cap. 385) and the Provisional Urban Council Ordinance (Cap. 101) and contains other legislative amendments to achieve that object.
2. Clause 1(1) gives the Bill its short title and clause 1(2) enables the Secretary for Constitutional Affairs to bring the Ordinance into operation on a day or days appointed by him.
3. Clause 2 contains the definitions with reference to which the provisions of the Bill are to be interpreted.
4. Clause 3 repeals the Provisional Regional Council Ordinance (Cap. 385) and the Provisional Urban Council Ordinance (Cap. 101).
5. Clause 4 vests the property, rights and liabilities of the Provisional Regional Council and the Provisional Urban Council ("the Councils") in the Government.
6. Clause 5 contains supplementary provisions the purpose of which is to set out the consequences and effect in various situations of the general principles in clause 4.
7. Clause 6, without limiting the generality of the provisions of clauses 4 and 5, identifies specific property and rights of the Councils which are transferred to the Government.
8. Clause 7 makes the statutory amendments necessary to transfer the functions exercised by the Councils. Accordingly---
(a) Schedule 1 contains the new titles of the subsidiary legislation under the Public Health and Municipal Services Ordinance (Cap. 132);
(b) Schedule 2 sets out the subsidiary legislation under the Public Health and Municipal Services Ordinance (Cap. 132) that are being repealed and the names of the Regulation that replace the repealed bylaws;
(c) Schedule 3 contains the amendments to the Public Health and Municipal Services Ordinance (Cap. 132) and its subsidiary legislation; the significant amendments are to replace the existing Third Schedule which sets out the authorities to whom functions under that Ordinance are assigned with a new Schedule which contains the new authorities to perform those functions; the Sixth Schedule which contains the authorities who have the power to institute proceedings in their names for offences under that Ordinance is replaced by a new Schedule; Schedule 3 also adds provisions to empower the Secretary for the Environment and Food to prescribe in the regulations fees and charges for certain matters, the Director of Leisure and Cultural Services to determine fees and charges for certain matters with the approval of the Financial Secretary, the Secretary for Home Affairs for certain licensed activities and the Financial Secretary to reduce or waive fees or charges generally or in particular cases; that Ordinance is also amended to establish a Licensing Appeals Board to hear appeals from certain decisions of the licensing authority under that Ordinance. An appeal lies to the Municipal Services Appeals Board from the decisions of the Licensing Appeals Board; the main amendments to the subsidiary legislation are to confer the powers and duties of the Councils under the subsidiary legislation on a specified public officer, namely the Director of Food and Environmental Hygiene in matters that come under the purview of the Secretary for the Environment and Food and the Director of Leisure and Cultural Services in matters that come under the purview of the Secretary for Home Affairs; the subsidiary legislation are also consequentially amended to take into account the new authorities for determining fees; the other amendments are largely of a technical nature resulting from the renaming of the bylaws as regulations;
(d) Schedule 4 contains the amendments to the Municipal Services Appeals Boards Ordinance (Cap. 220); the 2 boards known as the Regional Services Appeals Board and the Urban Services Appeals Board are replaced by a single appeal board called the Municipal Services Appeals Board ("the Board"); that Ordinance is also amended to take into account the fact that the Board will entertain appeals from decisions made under the Public Health and Municipal Services Ordinance (Cap. 132), the Dutiable Commodities (Liquor) Regulations (Cap. 109 sub. leg.) and the Places of Public Entertainment Ordinance (Cap. 172) as is the case at present, and from decisions of the Licensing Appeals Board established under the Public Health and Municipal Services Ordinance (Cap. 132);
(e) Schedule 5 contains the amendments to the Dutiable Commodities Ordinance (Cap. 109) and the Dutiable Commodities (Liquor) Regulations (Cap. 109 sub. leg.); the regulation making power in that Ordinance is amended to provide for the establishment of a board to issue liquor licences; the Secretary for the Environment and Food is to prescribe the fees for liquor licences; the Dutiable Commodities (Liquor) Regulations (Cap. 109 sub. leg.) are amended to provide for the establishment of a board to be known as the Liquor Licensing Board to replace the Provisional Regional Council and the Provisional Urban Council as the authorities to issue liquor licences, and the appointment of the board members by the Chief Executive;
(f) Schedule 6 amends the Places of Public Entertainment Ordinance (Cap. 172) and the Places of Public Entertainment Regulations (Cap. 172 sub. leg.) to replace the Councils by the Secretary for Home Affairs or a public officer authorized by him as the licensing authority;
(g) Schedule 7 contains various consequential and related amendments resulting on the dissolution of the Councils, the repeal of the statutory provisions relating to the declaration of the Regional Council area and the Urban Council area.
9. Clause 8 contains detailed transitional and savings provisions which are necessary on account of the amendments made under clause 7. They apply in relation to all the enactments repealed or amended under clause 7 except where it is inconsistent with the Bill or contrary to express provisions made in particular enactments.
10. Clause 9 expressly saves subsidiary legislation and fees or charges in force before the amendments made under clause 7 come into operation if the effect of clause 7 is to transfer the power to make subsidiary legislation or to provide for fees or charges or to substitute a new provision for a provision under which subsidiary legislation is made or fees or charges are provided for.
11. Clause 10 preserves the liability for offences committed under a repealed enactment and the power to prosecute for continuing offences committed under a repealed enactment.
12. Clause 11 empowers the Chief Executive in Council to provide transitional and savings provisions and make consequential amendments by order subject to the approval of the Legislative Council, in situations where adequate provisions have not been made in the Bill. An order under this section can be expressed to come into operation on a date prior to its publication in the Gazette but only to the extent that it does not prejudice existing rights or impose liabilities on any person with the exception of the Government or a public body.
13. Clause 12 is an avoidance of doubt provision which makes it clear that the provisions of the Bill which continue in force or give effect to acts done under a repealed enactment extend only to acts done lawfully.
14. Clause 13 provides that the transitional and savings provisions in the Ordinance are not to derogate from section 23 of the Interpretation and General Clauses Ordinance (Cap. 1).
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