Hong Kong Ordinances

PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE - SECT 30

Obligation to provide latrines

(Past version on 30/06/1997).

(1) Where it appears to the Authority that any premises, or any part of any
premises, whether such premises were constructed before or after the
commencement of the Buildings Ordinance ( Cap 123) or of this Ordinance, are
without, or without sufficient, latrine accommodation or that the latrine
accommodation provided therein is ineffective or of a type which is unsuitable
having regard to the circumstances of the case, the Authority may cause a
notice to be served upon the owner of such premises or, where the owner is
absent from Hong Kong or cannot be readily found or ascertained by the
Authority or is under disability, upon the occupier thereof, requiring him,
within such time as shall be specified in the notice, to provide such number
of latrines, or latrines of such type, or to do such other thing to provide
effective and sufficient latrine accommodation, as may be specified in the
notice: (Amended 10 of 1986 s. 24) Provided that, where any such requirement
involves the carrying out of building works within the meaning of the
Buildings Ordinance ( Cap 123), no such notice shall be issued except with the
consent in writing of the Building Authority.

(2) If the person upon whom a notice is served under the provisions of
subsection (1) fails to comply with any of the requirements thereof-

   (a)  such person shall be guilty of an offence; and

   (b)  the Authority may execute, or cause to be executed, such work as may
        be necessary to satisfy the requirements of such notice, and may
        recover any expenses thereby incurred from such person.

(3) If any person considers himself aggrieved by any notice served upon him
under the provisions of subsection (1) or by any act done by or on behalf of
the Authority under this section, he may, within 30 days after the service of
such notice or the doing of such act, as the case may be, appeal to the
Municipal Services Appeals Board, and no offence shall be deemed to have been
committed under subsection (2) until after such appeal be abandoned or
dismissed. (Amended 58 of 1990 s. 22; 78 of 1999 s. 7)

(4) The provisions of this section shall not apply to any school registered
under the Education Ordinance ( Cap 279), or to any notifiable workplace under
the Factories and Industrial Undertakings Ordinance ( Cap  59). (Amended 50 of
1985 s. 9)