PROVISION OF MUNICIPAL SERVICES (REORGANIZATION) ORDINANCE - CHAPTER 552 PROVISION OF MUNICIPAL SERVICES (REORGANIZATION) ORDINANCE - LONG TITLE Long title VerDate:01/01/2000 An Ordinance to 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. [1 January 2000] L.N. 320 of 1999 (Originally 78 of 1999) PROVISION OF MUNICIPAL SERVICES (REORGANIZATION) ORDINANCE - SECT 1 Short title VerDate:01/01/2000 PART I PRELIMINARY (1) This Ordinance may be cited as the Provision of Municipal Services (Reorganization) Ordinance. (2) (Omitted as spent) PROVISION OF MUNICIPAL SERVICES (REORGANIZATION) ORDINANCE - SECT 2 Interpretation VerDate:01/01/2000 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. "appointed day" (指定日期) "commencement date" (生效日期) "a Council" (市政局) "the Councils" (兩局) "former authority" (前主管當局) "function" (職能) "new authority" (新主管當局) PROVISION OF MUNICIPAL SERVICES (REORGANIZATION) ORDINANCE - SECT 3 Repeal of Provisional Regional Council Ordinance and Provisional Urban Council Ordinance VerDate:01/01/2000 PART II REPEAL OF PROVISIONAL REGIONAL COUNCIL ORDINANCE AND PROVISIONAL URBAN COUNCIL ORDINANCE AND INCIDENTAL AND SUPPLEMENTAL PROVISIONS 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. PROVISION OF MUNICIPAL SERVICES (REORGANIZATION) ORDINANCE - SECT 4 Vesting of property, rights and liabilities of the Councils in Government and saving of validity of their acts VerDate:01/01/2000 (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. PROVISION OF MUNICIPAL SERVICES (REORGANIZATION) ORDINANCE - SECT 5 Provisions incidental and supplemental to section 4 VerDate:01/01/2000 (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 or which is to take effect on or after that 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. PROVISION OF MUNICIPAL SERVICES (REORGANIZATION) ORDINANCE - SECT 6 Express saving of certain property of the Councils VerDate:01/01/2000 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. PROVISION OF MUNICIPAL SERVICES (REORGANIZATION) ORDINANCE - SECT 7 Repeal, amendment and renaming of enactments VerDate:01/01/2000 PART III SPECIFIC PROVISIONS RELATING TO TRANSFER OF FUNCTIONS AND CONSEQUENTIAL AND RELATED AMENDMENTS (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. PROVISION OF MUNICIPAL SERVICES (REORGANIZATION) ORDINANCE - SECT 8 Savings and transitional provisions for matters arising under section 7 VerDate:01/01/2000 (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 or which are instituted on behalf of a former authority, may be continued by or in relation to the new authority; (b) any right of appeal subsisting immediately before the commencement date against a 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 which is in force immediately before the commencement date or which is to take effect on or after that date, 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 or on behalf of 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 former authority or person authorized by the former authority, 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 (if any) or new authority or authorized person, as the case may require; (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. PROVISION OF MUNICIPAL SERVICES (REORGANIZATION) ORDINANCE - SECT 9 Saving of subsidiary legislation, fees, etc. VerDate:01/01/2000 (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. (3) For the avoidance of doubt it is stated that the validity of a fee or charge continued in force under subsection (2) as a prescribed fee is not affected by it not being in the required form, until it is varied, amended or replaced by the new authority or under the new provision referred to in that subsection. PROVISION OF MUNICIPAL SERVICES (REORGANIZATION) ORDINANCE - SECT 10 Transitional provisions with respect to offences VerDate:01/01/2000 PART IV GENERAL (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 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. PROVISION OF MUNICIPAL SERVICES (REORGANIZATION) ORDINANCE - SECT 11 Chief Executive in Council to make consequential, transitional and savings provisions VerDate:01/01/2000 (1) The Chief Executive in Council may, by order published in the Gazette, make such consequential amendments to any enactment or provisions of a transitional or savings nature as are necessary for the better carrying out of the provisions of this Ordinance. (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. PROVISION OF MUNICIPAL SERVICES (REORGANIZATION) ORDINANCE - SECT 12 Ordinance to be construed as continuing only valid and lawful acts VerDate:01/01/2000 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. PROVISION OF MUNICIPAL SERVICES (REORGANIZATION) ORDINANCE - SECT 13 Provisions of Ordinance not to derogate from section 23 of Interpretation and General Clauses Ordinance VerDate:01/01/2000 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). PROVISION OF MUNICIPAL SERVICES (REORGANIZATION) ORDINANCE - SCHEDULE 1 SUBSTITUTION OF TITLES OF SUBSIDIARY LEGISLATION VerDate:01/01/2000 [section 7] 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) Commercial Bathhouses Regulation By-laws 6. Cremation and Gardens of Remembrance Cremation and Gardens of (Urban Council) By-laws Remembrance Regulation 7. Designation of Libraries (Urban Council Designation of Libraries Order Area) Order 8. Food Business (Regional Council) Food Business Regulation By-laws 9. Food Business (Regional Council) Bylaws Food Business Regulation (Exemption from Bylaw 31(1)) (Exemption from section 31(1)) (Consolidation) Notice Notice 10. Frozen Confections (Urban Council) Frozen Confections Regulation By-laws 11. Funeral Parlour (Regional Council) Funeral Parlours Regulation By-laws 12. Hawker (Permitted Place) (Urban Hawker (Permitted Places) Council) (Consolidation) Declaration Declaration 13. Hawker (Urban Council) By-laws Hawker Regulation 14. Library (Regional Council) By-laws Libraries Regulation 15. Declaration of Markets in the Regional Declaration of Markets Notice Council Area 16. Milk (Urban Council) Bylaws Milk Regulation 17. Museums (Regional Council) By-laws Museums Regulation 18. Declaration of Offensive Trades in the Declaration of Offensive Trades Regional Council Area Notice 19. Offensive Trades (Regional Council) Offensive Trades Regulation By-laws 20. Places of Amusement (Urban Council) Places of Amusement Regulation Bylaws 21. Pleasure Grounds (Urban Council) Pleasure Grounds Regulation Bylaws 22. Private Cemeteries (Urban Council) Private Cemeteries Regulation By-laws 23. Private Markets (Regional Council) Private Markets Regulation By-laws 24. Public Cemeteries (Urban Council) Public Cemeteries Regulation By-laws 25. Public Cleansing and Prevention of Public Cleansing and Prevention of Nuisances (Urban Council) By-laws Nuisances Regulation 26. Public Conveniences (Conduct and Public Conveniences (Conduct and Behaviour) (Urban Council) By-laws Behaviour) Regulation 27. Public Funeral Hall (Urban Council) Public Funeral Halls Regulation By-laws 28. Public Market (Regional Council) Public Markets Regulation By-laws 29. Public Swimming Pools (Urban Council) Public Swimming Pools Regulation By-laws 30. Restriction of Hawking in Special Areas Restriction of Hawking in Special (Regional Council Area) Areas Notification (Consolidation) Notification 31. Sanitation and Conservancy (Regional Sanitation and Conservancy Council) By-laws Regulation 32. Slaughterhouses (Regional Council) Slaughterhouses Regulation Bylaws 33. Stadia (Urban Council) By-laws Stadia Regulation 34. Swimming Pools (Urban Council) Swimming Pools Regulation Bylaws 35. Undertakers of Burials (Regional Undertakers of Burials Regulation Council) By-laws 36. Ventilation of Scheduled Premises (Urban Ventilation of Scheduled Premises Council) By-laws Regulation PROVISION OF MUNICIPAL SERVICES (REORGANIZATION) ORDINANCE - SCHEDULE 2 REPEALS AND REPLACEMENT VerDate:01/01/2000 [sections 7 & 10] Item Enactment Replacement 1. Basements (Urban Council) By-laws 2. Bathing Beach (Regional Council) Bathing Beaches Regulation By-laws 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 Cremation and Gardens of (Regional Council) By-laws Remembrance Regulation 6. Designation of Libraries (Regional Designation of Libraries Order Council Area) Order 7. Food Business (Urban Council) By-laws Food Business Regulation 8. Food Business (Urban Council) By-laws Food Business Regulation (Exemption from By-law 32(1)) (Exemption from section 31(1)) (Consolidation) Notice Notice 9. Frozen Confections (Regional Council) Frozen Confections Regulation By-laws 10. Funeral Parlour (Urban Council) Funeral Parlours Regulation By-laws 11. Hawker (Regional Council) By-laws Hawker Regulation 12. Library (Urban Council) By-laws Libraries Regulation 13. Declaration of Markets in the Urban Declaration of Markets Notice Council Area 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 Declaration of Offensive Trades Urban Council Area Notice 18. Offensive Trades (Urban Council) Offensive Trades Regulation By-laws 19. Places of Amusement (Regional Council) Places of Amusement Regulation Bylaws 20. Pleasure Grounds (Regional Council) Pleasure Grounds Regulation Bylaws 21. Private Cemeteries (Regional Council) Private Cemeteries Regulation By-laws 22. Public Cemeteries (Regional Council) Public Cemeteries Regulation By-laws 23. Public Cleansing and Prevention of Public Cleansing and Prevention of Nuisances (Regional Council) By-laws Nuisances Regulation 24. Public Conveniences (Regional Council) Public Conveniences (Conduct and By-laws Behaviour) Regulation 25. Public Market (Urban Council) By-laws Public Markets Regulation 26. Public Swimming Pools (Regional Public Swimming Pools Regulation Council) Bylaws 27. Slaughterhouses (Urban Council) Bylaws Slaughterhouses Regulation 28. Stadia (Regional Council) By-laws Stadia Regulation 29. Swimming Pools (Regional Council) Swimming Pools Regulation Bylaws 30. Undertakers of Burials (Urban Council) Undertakers of Burials Regulation By-laws 31. Ventilation of Scheduled Premises Ventilation of Scheduled Premises (Regional Council) By-laws Regulation 32. Ventilation (Urban Council) By-laws 33. Wells and Water Storage (Urban Council) By-laws PROVISION OF MUNICIPAL SERVICES (REORGANIZATION) ORDINANCE - SCHEDULE 3 AMENDMENTS TO PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE AND ITS SUBSIDIARY LEGISLATION VerDate:01/01/2000 [section 7] (Omitted as spent) PROVISION OF MUNICIPAL SERVICES (REORGANIZATION) ORDINANCE - SCHEDULE 3 AMENDMENTS TO PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE AND ITS SUBSIDIARY LEGISLATION VerDate: [section 7] 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 "boarding house", "laundry", "lines", "public table tennis saloon", "Regional Council area", "Regional Services Appeals Board", "Urban Council area", "Urban Services Appeals Board" and "washhouse"; (d) by repealing the definition of "registered ventilation contractor" and substituting- ""registered specialist contractor (ventilation works category)" (註冊專門承建商 (通風系統工程類別)) means a person whose name is for the time being on the sub-register for the ventilation works category in the register of specialist contractors maintained under section 8A of the Buildings Ordinance (Cap 123);"; (e) 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, and includes a person authorized by the Director of Health or the Director of Food and Environmental Hygiene to perform the functions of a health officer; "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, 124J or 124L 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. Protection of public sewers and drains Section 6(2) is amended by repealing "only". 4. Authority may determine fees or charges relating to scavenging or conservancy services Section 15A is repealed. 5. Obligation to provide latrines Section 30(3) is amended by repealing "Appeals Board" and substituting "Municipal Services Appeals Board". 6. Heading substituted The heading before section 35 is repealed and the following substituted- "Public latrines and bathhouses". 7. 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". 8. Authority may determine fees and charges relating to latrines, bathhouses and washhouses Section 35A is repealed. 9. 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". 10. Power to remove members of the public from public bathhouses Section 37 is amended by repealing ", bathhouse or washhouse" and substituting "or bathhouse". 11. 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". 12. 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". 13. Regulations relating to laundries and dry cleaning establishments Section 40 is repealed. 14. Authority may determine fees and charges relating to laundries and dry cleaning establishments Section 40A is repealed. 15. Regulations relating to labourers' lines Section 41 is repealed. 16. Authority may determine fees and charges relating to swimming pools Section 42AA is repealed. 17. 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 section 42 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.". 18. Authority may determine fees and charges relating to offensive trades Section 49A is repealed. 19. 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.". 20. Regulations as to food and drugs hygiene Section 56(3A) is amended by repealing "or public body". 21. Determination of fees relating to food Section 56B is repealed. 22. 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.". 23. 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. 24. Public slaughterhouses Section 76A(2) is amended by repealing "Abattoirs (Urban Council) Bylaws" and substituting "Abattoirs Regulation". 25. Regulations as to slaughtering and slaughterhouses Section 77(1)(k) is amended by repealing "or any public body". 26. Authority may determine fees and charges relating to slaughtering and slaughterhouses Section 77A is repealed. 27. Markets to which Ordinance applies, etc. Section 79(2) is repealed. 28. Regulations in relation to markets Section 80(1) is amended by adding- "(aa) an appeal to the Municipal Services Appeals Board against a decision to terminate a grant, lease, permit, or decision to adjust the rent of a shop, stall, shed, pen or standing referred to in paragraph (a);". 29. Authority may determine fees and charges relating to private markets Section 80A is repealed. 30. 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 section 80 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.". 31. 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.". 32. Authority may determine fees and charges relating to hawkers Section 83AA is repealed. 33. Abatement of overcrowding Section 87 is repealed. 34. Regulations in relation to overcrowding Section 88 is repealed. 35. Removal of obstructions to light, ventilation or dwelling space Section 89 is repealed. 36. Regulations in relation to boarding houses Section 90 is repealed. 37. Authority may determine fees and charges relating to boarding houses Section 90A is repealed. 38. Power of entry to boarding houses Section 91 is repealed. 39. Forfeiture of bonds Section 92 is repealed. 40. 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". 41. 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.". 42. Regulations relating to licensed activity Section 92B(a) is amended by adding "or Schedule 11A" after "Schedule". 43. Authority may determine fees relating to licensed activities Section 92BA is repealed. 44. Offences Section 92C(2) is amended by adding "or 92AB" after "92A". 45. 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". 46. 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.". 47. 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.". 48. Function of Director of Urban Services and Director of Regional Services Section 105F is repealed. 49. 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". 50. Powers of Authority to fix fees Section 105J is repealed. 51. Regulations relating to libraries Section 105L is amended- (a) in subsection (1)(h)(i) by repealing ", the Urban Council or the Regional Council"; (b) by repealing subsection (2). 52. Authority may determine fees and charges relating to libraries Section 105LA is repealed. 53. 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.". 54. Public meetings Section 105R is repealed. 55. Consent of Chief Secretary for Administration Section 105S is repealed. 56. Prevention of unauthorized public meetings in civic centres Section 105T is repealed. 57. 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 games, sports and leisure activities". 58. Authority may determine fees and charges relating to public pleasure grounds Section 109A is repealed. 59. 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 section 109 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.". 60. 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.". 61. 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.". 62. Authority may determine fees and charges relating to cemeteries Section 116A is repealed. 63. 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 section 116 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.". 64. Authority may determine fees for permission of exhumations Section 118A is repealed. 65. Defrayal of expenses of reburial, etc. Section 122 is amended by repealing everything after "defrayed" and substituting "out of the general revenue.". 66. Authority may determine fees and charges relating to mortuaries Section 123AA is repealed. 67. Authority may determine fees and charges relating to public funeral halls Section 123D is repealed. 68. Provision for hearing objections where application for crematorium in certain locations or adding facilities in an existing crematorium Section 124D is amended- (a) in subsection (1)- (i) by adding "or application is made for the permission of the Authority to add any facility which is directly related to the burning of human remains in a building or place referred to in section 124C(b) or (c)" after "highway,"; (ii) by adding "and facility" after "site"; (b) by adding- "(1A) Where the Authority intends to add any facility which is directly related to the burning of human remains in an existing government crematorium, the Authority shall cause notice of such decision, specifying the site and facility to be added, to be published in English and Chinese in 3 successive numbers of the Gazette."; (c) in subsection (2)- (i) by adding "or to the addition" after "permission"; (ii) by adding "or (1A)" after "subsection (1)"; (d) in subsection (3), by adding "or make the addition" after "application"; (e) by repealing subsection (4) and substituting- "(4) The Authority shall give notice in writing of its decision, together with reasons, to the applicant and any objector as soon as practicable after a decision is made."; (f) by adding- "(5) An applicant under subsection (1) or an objector under subsections (1) and (1A), may appeal to the Municipal Services Appeal Board against the decision of the Authority within 30 days of the date of the notice.". 69. Authority may determine fees and charges relating to cremation and crematoria Section 124EA is repealed. 70. 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 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 insertion of an inscription in a book kept at a garden of remembrance for recording commemorative inscriptions; (u) 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 prescribe fees and charges for matters specified in Schedule 16 (1) The Authority may by regulation provide for the fees and charges payable by an individual as a member of the public in connection with the matters specified in Schedule 16. (2) For the purposes of subsection (1) the following is not included- (a) fees and charges payable in connection with the admission to a venue or facility specified in Schedule 16- (i) of members of a club, institution, association or other organization as members thereof; or (ii) for a commercial purpose; or (b) fees and charges payable in connection with the use of a venue, service or facility specified in Schedule 16- (i) by members of a club, institution, association or other organization as members thereof; (ii) for games, sports or other activity organized or arranged by or on behalf of a club, institution, association or other organization; (iii) for trading or advertising; or (iv) for a commercial purpose. (3) The Authority may prescribe different fees and charges for persons or cases of different classes or descriptions under subsection (1). (4) The Authority may by order published in the Gazette amend Schedule 16. (5) An order under subsection (4) is subject to the approval of the Legislative Council. 124K. Authority may determine fees and charges with approval of Financial Secretary (1) Subject to section 124J(1), any fee or charge payable in connection with the admission to or the use for any purpose of a venue, service or facility relating to a cultural or leisure activity provided by the Authority or which is under the control and management of the Authority may be determined by the Authority with the approval of the Financial Secretary. (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. 124L. 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. 124M. 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, 124J or 124L or determined under section 124K or refund, in whole or in part, any such fee or charge.". 71. Part heading substituted The heading to Part XII is repealed and the following substituted- "PART XIB LICENSING APPEALS BOARD". 72. Section added The following is added in Part XIB- "124N. Interpretation of Part XIB In this Part, unless the context otherwise requires- "Board" (委員會) means the Licensing Appeals Board established under section 125A; "Chairman" (主席) means the person appointed to that office under section 125A(2); "secretary" (秘書) means the secretary to the Board appointed under section 125I(1); "Vice-Chairman" (副主席) means the person appointed to that office under section 125A(2).". 73. 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 124M, 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.". 74. 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; (b) a Vice-Chairman; and (c) not less than 13 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 or Vice-Chairman 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, Chairman or Vice-Chairman by giving written notice to the Chief Executive. 125B. Functions and powers of the Board and appeals from its decisions (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 who appeals to the Board, if dissatisfied with the decision of the Board may appeal to the Municipal Services Appeals Board within 14 days after receiving notice of the decision. (5) If an appeal is made under subsection (4), the Board may, in its discretion, suspend the operation of the decision to which the appeal relates, pending the determination of the appeal. 125C. How the Board is to be constituted for the purposes of an appeal (1) For the purposes of hearing an appeal or making a decision for the purposes of section 125B(5), the Board is to consist of- (a) the Chairman or Vice-Chairman; and (b) 4 other members nominated under subsection (2). (2) The secretary must nominate 4 members for the purposes of subsection (1)(b). (3) In nominating members under subsection (2), the secretary is subject to the direction of the Chairman or Vice-Chairman. 125D. Parties to an appeal The parties to an appeal are the appellant and the licensing authority from whose decision the appeal is brought. 125E. Provisions applicable to a hearing (1) The Chairman or Vice-Chairman 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 person presiding) are unable to continue, the remaining members, so long as their number (including the person presiding) 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 person presiding shall have a casting vote when there is an equality of votes. (5) Subject to this section and rules made under section 125G the person presiding may determine the procedure at the hearing of an appeal made to the Board. 125F. Board to give reasons for decision (1) The Board must give reasons for its decisions. (2) The secretary must serve a copy of the Board's decision and of the reasons for the decision on the parties to an appeal. 125G. Board may make rules (1) 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. (2) The rules made under subsection (1) are subsidiary legislation. 125H. Meetings of the Board other than appeal hearings At a meeting of the Board, other than an appeal hearing or a meeting for the purposes of section 125B(5)- (a) the quorum shall be not less than half the members of the Board for the time being; (b) the Chairman or Vice-Chairman shall preside; (c) decisions are to be made by a majority of the members present and voting; and (d) the person presiding has a casting vote. 125I. Staff (1) The Secretary for the Environment and Food may appoint- (a) a secretary to the Board; and (b) such other staff as the Secretary for the Environment and Food considers necessary. (2) The Secretary for the Environment and Food may appoint a legal adviser to advise on legal matters relating to an appeal and the legal adviser may be present at any hearing before the Board or deliberations of the Board to so advise the Board.". 75. Part heading added The following is added before section 126- "PART XII MISCELLANEOUS". 76. 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". 77. 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. 78. 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". 79. 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". 80. 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.". 81. Institution and conduct of certain proceedings Section 132 is amended by repealing "or public body" wherever it appears. 82. 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. 83. Authentication and production in evidence of documents Section 135 is amended- (a) by repealing "or public body" wherever it appears; (b) by adding- "(3) Notwithstanding the amendments made to this section by the Provision of Municipal Services (Reorganization) Ordinance (78 of 1999), on and after the commencement of those amendments, subsection (2) applies to any order, notice, demand, certificate or other document made and signed before that commencement and to which that subsection would have applied if not for such commencement, as if those amendments had not been made.". 84. Proceedings against several persons Section 141(2) is amended by repealing "or public body who or which" and substituting "who". 85. 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. 86. Use of premises by the Government Section 144 is repealed. 87. Fees Section 145 is repealed. 88. Saving of certain regulations Section 149 is repealed. 89. Penalty for contravention of certain by-laws Section 151 is repealed. 90. Consequential and other amendments Section 152 is repealed. 91. Transitional provisions concerning agreements Section 153 is repealed. 92. Section added The following is added- "154. Transitional Any reference in subsidiary legislation made under this Ordinance to prescribed fee or fee determined under section 124K includes a reference to a fee continued in force under section 9(2) of the Provision of Municipal Services (Reorganization) Ordinance (78 of 1999) as if prescribed under section 124I, 124J or 124L or determined under section 124K, as the case may be, until the relevant fee is replaced under section 124I, 124J, 124K or 124L.". 93. Schedule substituted The Third Schedule is repealed and the following substituted- "THIRD SCHEDULE [s. 3] DESIGNATED AUTHORITIES Section Designated Authorities 4 Director of Drainage Services 5 Director of Drainage Services 6 Director of Drainage Services 7 Director of Drainage Services 9 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 Director of Food and Environmental Hygiene 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 105E Director of Leisure and Cultural Services 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) and (4) 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 Secretary for Home Affairs 124K(1) Director of Leisure and Cultural Services 124K(3) Director of Leisure and Cultural Services 124L Secretary for Home Affairs 127 Director of Food and Environmental Hygiene". 94. 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. 95. 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 New Territories Cemetery 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". 96. 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 6 Director of Drainage Services 7 Director of Drainage Services 9 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 92C Director of Leisure and Cultural Services in respect of section 92A and Director of Food and Environmental Hygiene in respect of section 92AB 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". 97. Forms The Seventh Schedule is amended- (a) in Form F- (i) by repealing "or public body"; (ii) in Note 1- (A) by repealing "of $60000" and substituting "at level 6"; (B) by repealing "$1000" and substituting "$1750"; (iii) in Note 3 by repealing "of $10000" and substituting "at level 4"; (b) in Form G- (i) by repealing "or public body" where it twice appears; (ii) in Note 1- (A) by repealing "of $60000" and substituting "at level 6"; (B) by repealing "$1000" and substituting "$1750"; (iii) in Note 2 by repealing "of $10000" and substituting "at level 4". 98. Regulations continued in operation The Eighth Schedule is repealed. 99. Penalties The Ninth Schedule is amended by repealing- "105F(3) level 2 - 105S(1) level 3 and 3 months imprisonment -". 100. 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". 101. Licensed activities The Eleventh Schedule is amended- (a) by repealing "[s. 92A]" and substituting "[ss. 92A & 124L]"; (b) by repealing "Public table tennis saloon" and "Undertaker of burials". 102. Schedule added The following is added- SCHEDULE 11A [ss. 92AB, 92B & 124I] LICENSED ACTIVITY Undertakers of burials". 103. Public swimming pools The Fourteenth Schedule is amended by repealing "Urban Council Area" and "Regional Council Area". 104. Substitution of titles of subsidiary legislation The Fifteenth Schedule is repealed. 105. Schedule added The following is added- "SCHEDULE 16 [s. 124J] MATTERS FOR WHICH SECRETARY FOR HOME AFFAIRS MAY BY REGULATION PROVIDE FOR FEES AND CHARGES 1. Public swimming pools Admission 2. Museums Admission 3. Libraries Admission 4. Public pleasure grounds (a) Hire of tennis courts (b) Hire of basketball courts (c) Hire of squash courts (d) Hire of football pitches (e) Hire of table tennis tables (f) Hire of badminton courts 5. Holiday camps Camp fees". Abattoirs Regulation 106. Citation Section 1 of the Abattoirs Regulation (Cap 132 sub. leg.) is repealed. 107. Application Section 1A is repealed. 108. 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". 109. 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". 110. Appointment of authorized officers Section 3 is amended by repealing "these bylaws" where it twice appears and substituting "this Regulation". 111. 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 "Ordinance" and substituting "if there is a prescribed fee for that purpose"; (c) in subsection (3) by repealing everything after "pay" and substituting "the prescribed fee, if any, for night slaughter.". 112. 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". 113. Food animals which may be brought into abattoir Section 7(2) is amended by repealing "paragraph" and substituting "subsection". 114. Restriction on admission of food animals to abattoir Section 8(2) is amended by repealing "paragraph" and substituting "subsection". 115. 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". 116. 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". 117. Admission form to be completed Section 11(2) is amended by repealing "paragraph" and substituting "subsection". 118. Power of authorized officer to affix tags or marks to food animals Section 12(2) is amended by repealing "paragraph" and substituting "subsection". 119. Removal of food animal to another abattoir Section 12A(2) is amended by repealing "paragraph" and substituting "subsection". 120. Power of authorized officer to give directions as to handling of food animals Section 13(2) is amended by repealing "paragraph" and substituting "subsection". 121. 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". 122. 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". 123. Owners register Section 17(2)(a) is amended by repealing "these bylaws" and substituting "this Regulation". 124. 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". 125. Admission of food animals to waiting lairage Section 20(2) is amended by repealing "paragraph" and substituting "subsection". 126. 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". 127. 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". 128. Unauthorized persons not permitted to slaughter food animals in abattoir Section 24(2) is amended by repealing "paragraph" and substituting "subsection". 129. 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". 130. 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". 131. Method of killing Section 26A(1) is amended by repealing "paragraph" and substituting "subsection". 132. 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". 133. Marking of dressed carcasses fit for human consumption Section 28 is amended by repealing "bylaw" and substituting "section". 134. Marking of specified parts of offal fit for human consumption Section 29 is amended by repealing "bylaw" and substituting "section". 135. 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". 136. Collection by private transport Section 33(2) and (3)(a) is amended by repealing "paragraph" and substituting "subsection". 137. 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". 138. Persons not to enter abattoir without authority Section 34(4) and (7) is amended by repealing "paragraph" and substituting "subsection". 139. Manager may declare restricted areas Section 35(3) and (4) is amended by repealing "paragraph" and substituting "subsection". 140. 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". 141. Powers to control traffic in abattoir Section 37(3)(a) and (b) is amended by repealing "paragraph" and substituting "subsection". 142. Power of manager to prohibit smoking, naked lights and flames Section 38(2) and (3) is amended by repealing "paragraph" and substituting "subsection". 143. 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". 144. 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". 145. Offence to give false information Section 43 is amended by repealing "these bylaws" and substituting "this Regulation". 146. 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". 147. General penalty Section 45 is amended by repealing "these bylaws" and substituting "this Regulation". 148. Saving Section 46 is amended by repealing "these bylaws" and substituting "this Regulation". 149. 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". 150. Specified abattoirs Schedule 1 is amended by repealing "[bylaw 2]" and substituting "[s. 2]". 151. 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". 152. Parts of slaughtered food animal to be collected from abattoir by owner Schedule 4 is amended by repealing "[bylaw 25]" and substituting "[s. 25]". 153. Ductless glands Schedule 5 is amended by repealing "[bylaw 26(b)]" and substituting "[s. 26(b)]". 154. 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]". 155. Pass Schedule 7 is amended by repealing "[bylaw 35]" and substituting "[s. 35]". Advertisements Regulation 156. 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". 157. Section repealed Section 3 is repealed. 158. Section amended Section 4 is amended by repealing "these by-laws" and substituting "this Regulation". 159. Section repealed Section 5 is repealed. 160. Sections repealed Sections 8, 9 and 10 are repealed. 161. Section amended Section 11 is amended by repealing everything from "such" to ", or" and substituting "sign". 162. Section amended Section 13 is amended by repealing "these by-laws" and substituting "this Regulation". 163. Section amended Section 14 is amended- (a) in subsection (1)- (i) by repealing "by-law" and substituting "section"; (ii) by repealing "3(1), 5(1), 6, 8, 9, 10" and substituting "6"; (b) in subsection (2)- (i) by repealing "by-laws" and substituting "sections"; (ii) by repealing "paragraph" and substituting "subsection". 164. Section repealed Section 15 is repealed. Bathing Beaches Regulation 165. Citation Section 1 of the Bathing Beaches Regulation (Cap 132 sub. leg.) is repealed. 166. 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.". 167. 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.". 168. 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". 169. Protection of beaches Section 5(c) is repealed and the following substituted- "(c) light a fire other than in an area set aside by the Director for use by the public for cooking.". 170. Erection of beach structures Section 6 is amended- (a) by repealing "Council (which may be granted on payment of such fee as the Council thinks fit)" and substituting "Director"; (b) in the proviso by repealing "Council" and substituting "Director". 171. Provision of public facilities at beaches Section 7 is amended- (a) in subsection (1) by repealing "the Council or"; (b) by repealing subsection (2). 172. Bill posting and notices Section 8 is amended by repealing "Council or the Director of Urban Services" and substituting "Director". 173. 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". 174. 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". 175. 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". 176. Music and singing Section 12 is amended by repealing "Council" and substituting "Director". 177. Public meetings and assemblies Section 13 is repealed. 178. General conduct Section 15(e) is amended by repealing "Council" and substituting "Director". 179. Offences and penalties Section 16 is amended- (a) by repealing "by-law" where it twice appears and substituting "section"; (b) in paragraph (a) by repealing "13,". 180. 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 181. Citation Section 1 of the Civic Centres Regulation (Cap 132 sub. leg.) is repealed. 182. Application Section 2 is repealed. 183. 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.". 184. Management Section 4 is amended by repealing "Council" and substituting "Director". 185. 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". 186. Power to direct persons in certain cases to leave a civic centre Section 11 is amended- (a) in subsection (1)- (i) in paragraph (a) by repealing "these by-laws;" and substituting "this Regulation; or"; (ii) by repealing paragraph (b); (b) in subsection (2) by repealing "paragraph" and substituting "subsection". 187. 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 "him"; (ii) by repealing "paragraph" and substituting "subsection"; (iii) by repealing "Council" and substituting "Director". 188. Closure of civic centres Section 14 is amended by repealing "Council" and substituting "Director". 189. Offences and penalties Section 15 is amended by repealing "by-law" wherever it appears and substituting "section". 190. 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 191. 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 192. Citation Section 1 of the Commercial Bathhouses Regulation (Cap 132 sub. leg.) is repealed. 193. Application Section 2 is repealed. 194. 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". 195. Prohibition of unlicensed bathhouses Section 4 is amended by repealing "Council" and substituting "Director". 196. 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". 197. 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". 198. 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". 199. Restriction on spitting Section 9(3) is amended by repealing "Council" and substituting "Director". 200. Privacy in bathrooms, etc. Section 13 is amended in the proviso by repealing "the provisions of this by-law" and substituting "this section". 201. Persons suffering from communicable diseases Section 15(1), (3), (4), (5) and (6) is amended by repealing "paragraph" and substituting "subsection". 202. 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". 203. 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". 204. 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". 205. 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". 206. 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 207. Citation Section 1 of the Cremation and Gardens of Remembrance Regulation (Cap 132 sub. leg.) is repealed. 208. Application Section 2 is repealed. 209. 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.". 210. 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". 211. 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". 212. Cancellation of cremation permit Section 6(4) is amended by repealing "paragraph" and substituting "subsection". 213. 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". 214. 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". 215. 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". 216. Restriction on removal of uncremated human remains Section 10(c) is amended by repealing "Council" and substituting "Director of Food and Environmental Hygiene". 217. Restriction on coffins Section 11(1)(a) and (c) is amended by repealing "Council" and substituting "Director of Food and Environmental Hygiene". 218. Provision of bearers Section 12(2) is amended by repealing "paragraph" and substituting "subsection". 219. 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". 220. 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". 221. Conduct and behaviour Section 15 is amended- (a) in paragraph (a) by repealing "Council" and substituting "Director of Food and Environmental Hygiene"; (b) by repealing paragraph (c); (c) in paragraph (h) by repealing everything from "or is" to "clad". 222. 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". 223. 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". 224. 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.". 225. Hours of opening Section 18 is amended by repealing "Council" and substituting "Director of Food and Environmental Hygiene". 226. Allocations and layout Section 19 is amended by repealing "Council" and substituting "Director of Food and Environmental Hygiene". 227. Disposal of ashes Section 20 is amended by repealing "Council" and substituting "Director of Food and Environmental Hygiene". 228. 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". 229. Conduct and behaviour Section 22 is amended- (a) in paragraph (a) by repealing "Council" and substituting "Director of Food and Environmental Hygiene"; (b) by repealing paragraph (c); (c) in paragraph (e) by repealing "Council" and substituting "Director of Food and Environmental Hygiene"; (d) in paragraph (h) by repealing everything from "or is" to "clad". 230. 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". 231. 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 appears and substituting "that Director"; (c) by repealing everything after "payment" and substituting "of the prescribed fee.". 232. 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". 233. 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]". 234. Repositories for human remains The Third Schedule is amended by repealing "[by-law 4]" and substituting "[s. 4]". Designation of Libraries Order 235. Citation Paragraph 1 of the Designation of Libraries Order (Cap 132 sub. leg.) is repealed. 236. Schedule substituted 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. 59. The first floor of Urban Council Sam Ka Tsuen Complex, 6 Lei Yue Mun Path, Sam Ka Tsuen, Kwun Tong, Kowloon. Designation of Museums Order 237. Schedule amended The Schedule to the Designation of Museums Order (Cap 132 sub. leg.) is amended by repealing "Urban Council Area" and "Regional Council Area". Dried Milk Regulations 238. 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 239. 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 240. 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". 241. 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 242. 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;". 243. 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 244. Citation Section 1 of the Food Business Regulation (Cap 132 sub. leg.) is repealed. 245. Application Section 2 is repealed. 246. 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) in the definition of "shell fish" by repealing everything after "include" and substituting "molluscs or crustaceans in the form of sashimi or forming part of sushi, or oyster to be eaten in its raw state;"; (v) in the definition of "wholesale market" by adding ", but does not include the Western Wholesale Food Market" after "Fisheries"; (vi) 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". 247. 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". 248. 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". 249. Prohibition of non-permitted colouring matter on food premises Section 7A(2) is amended by repealing "bylaw" and substituting "section". 250. Restriction on spitting Section 9(3) is amended by repealing "Council" and substituting "Director". 251. 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". 252. Prohibition of dogs on food premises Section 10B(3) is amended by repealing "bylaw" and substituting "section". 253. Storage of open food Section 11 is amended by repealing "paragraph" where it twice appears and substituting "subsection". 254. 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". 255. 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". 256. Sterilization and storage of utensils Section 19(a)(ii) and (iii) is amended by repealing "Council" and substituting "Director". 257. 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". 258. 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". 259. 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". 260. 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". 261. 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.". 262. 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 "or destroyed" and substituting ", destroyed or accidentally defaced"; (iv) 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"; (f) in subsection (6)- (i) by repealing "paragraph" and substituting "subsection"; (ii) by repealing "Council" and substituting "Director". 263. 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"