Hong Kong Ordinances

PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE - SECT 33

Examination of sanitary conveniences by Authority

(1) The Authority may examine any of the following works, that is to say, any
septic tank, cesspool, trap, siphon or sanitary convenience, or any water
supply, apparatus, pipe or work connected therewith, upon any premises, and
for that purpose may cause the ground to be opened in any place which may
appear to the Authority necessary, doing as little damage as may be.

(2) If any work referred to in subsection (1) is found on examination to be in
proper order, the Authority shall cause the work to be reinstated and made
good as soon as may be and shall defray the expenses of the examination and
the reinstating and making good of the work, but, if on examination any such
work is found not to be in proper order, the Authority may-

   (a)  recover from the owner of the premises, or where the owner is absent
        from Hong Kong or cannot be readily found or ascertained by the
        Authority or is under disability from the occupier thereof, the
        expenses of such examination; and (Amended 10 of 1986 s. 24)

   (b)  cause a notice to be served upon the owner of such premises or, in the
        circumstances specified in paragraph (a), the occupier thereof
        requiring him to repair or otherwise put in good order such work or to
        comply, as nearly as may be, with the provisions of the Buildings 
        Ordinance ( Cap 123), within such time as may be specified in the
        notice:
Provided that no such notice shall be issued by the Authority requiring such
owner or occupier to carry out any drainage work within the meaning of the
Buildings Ordinance ( Cap 123), except with the consent in writing of the
Building Authority.

(3) If the person upon whom a notice is served under the provisions of
subsection (2)(b) 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, any work necessary
        to satisfy the requirements of such notice, and may recover any
        expenses thereby incurred from such person.

(4) If any person considers himself aggrieved by any notice served upon him
under the provisions of subsection (2)(b) or by any act done by or on behalf
of the Authority under the provisions of this section, he may, within 14 days
after the service upon him of the notice or the doing of the act, as the case
may be, appeal to the court, and the court may make such order as may appear
to it to be just having regard to all the circumstances.

(5) Notwithstanding any appeal under the provisions of subsection

(4), the Authority may proceed with and carry out any work which, in the
opinion of the Authority, ought to be carried out under this section, but,
until such appeal is abandoned or determined, no sum of money in respect of
any such work shall be recoverable from any person party to such appeal.