BATHING BEACH (REGIONAL COUNCIL) BY-LAWS - CHAPTER 132D BATHING BEACH (REGIONAL COUNCIL) BY-LAWS - LONG TITLE Empowering section (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 These by-laws were repealed by section 7 of the Provision of Municipal Services (Reorganization) Ordinance (Cap 552). According to section 7(3) of that Ordinance, the Bathing Beaches Regulation (Cap 132 sub. leg. E) applies to and in relation to matters to which these by-laws applied immediately before the repeal and is taken to have replaced these by-laws. For other related savings and transitional provisions, please see sections 8 to 13 of Cap 552. BATHING BEACH (REGIONAL COUNCIL) BY-LAWS - LONG TITLE Empowering section VerDate:30/06/1997 (Cap. 132 section 109) [11 November 1960] G.N.A. 132 of 1960 (G.N.A. 68 of 1960) BATHING BEACH (REGIONAL COUNCIL) BY-LAWS - BYLAW 1 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 These by-laws were repealed by section 7 of the Provision of Municipal Services (Reorganization) Ordinance (Cap 552). According to section 7(3) of that Ordinance, the Bathing Beaches Regulation (Cap 132 sub. leg. E) applies to and in relation to matters to which these by-laws applied immediately before the repeal and is taken to have replaced these by-laws. For other related savings and transitional provisions, please see sections 8 to 13 of Cap 552. BATHING BEACH (REGIONAL COUNCIL) BY-LAWS - BYLAW 1 Citation VerDate:30/06/1997 These by-laws may be cited as the Bathing Beach (Regional Council) By-laws. (10 of 1986 s. 32(2)) BATHING BEACH (REGIONAL COUNCIL) BY-LAWS - BYLAW 2 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 BATHING BEACH (REGIONAL COUNCIL) BY-LAWS - BYLAW 2 Interpretation VerDate:30/06/1997 In these by-laws, unless the context otherwise requires- "bathing beach" (泳灘) means any bathing beach which is specified in the Fourth Schedule to the Ordinance and which is situated in the Regional Council area; "Council" means the Regional Council. (10 of 1986 s. 32(2)) "bathing beach" (泳灘) "Council" BATHING BEACH (REGIONAL COUNCIL) BY-LAWS - BYLAW 3 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 BATHING BEACH (REGIONAL COUNCIL) BY-LAWS - BYLAW 3 Temporary closure of beaches VerDate:30/06/1997 (1) The Council may, from time to time- (a) close, or cause to be closed, to the public any bathing beach or any part of any such beach; or (b) restrict, or cause to be restricted, the use of any such beach or any part of any such beach, for such period as the Council may consider necessary having regard to the circumstances. (10 of 1986 s. 32(2); L.N. 231 of 1992) (2) Any such closure of, or restriction of the use of, a bathing beach shall be effected by the posting of a notice to that effect in any conspicuous manner on the beach. BATHING BEACH (REGIONAL COUNCIL) BY-LAWS - BYLAW 4 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 BATHING BEACH (REGIONAL COUNCIL) BY-LAWS - BYLAW 4 Protection of beaches VerDate:30/06/1997 No person shall, on any bathing beach- (a) do any act which is likely to endanger, obstruct, inconvenience or annoy any other person using the beach; or (b) do any act which is likely to damage, foul, litter, deface or disorder the beach or any thing situated thereon, or to pollute the water adjacent to the beach; or (c) light a fire other than in an area set aside by the Council for use by the public for cooking food. (L.N. 17 of 1983; 10 of 1986 s. 32(2)) BATHING BEACH (REGIONAL COUNCIL) BY-LAWS - BYLAW 5 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 BATHING BEACH (REGIONAL COUNCIL) BY-LAWS - BYLAW 5 Erection of beach structures VerDate:01/07/1997 Amendments retroactively made - see 29 of 1998 s. 105 Save with the consent of the Council (which may be granted on payment of such fee as the Council thinks fit) or by virtue of a lease from the Government or an agreement for the grant by the Government of a lease, and subject to such conditions as may be specified on the granting of such consent or in any such lease or agreement, no person shall erect or maintain any building, shed, matshed, tent, booth, stand or other structure on any bathing beach: (29 of 1998 s. 105) Provided that the Council may, by notice posted at any bathing beach, permit the temporary erection of tents, shades and awnings for the personal use of the respective owners thereof during such times and on such parts of the beach as are specified in the notice. (10 of 1986 s. 32(2)) BATHING BEACH (REGIONAL COUNCIL) BY-LAWS - BYLAW 5 Erection of beach structures VerDate:30/06/1997 Save with the consent of the Council (which may be granted on payment of such fee as the Council thinks fit) or by virtue of a lease from the Crown or an agreement for the grant by the Crown of a lease, and subject to such conditions as may be specified on the granting of such consent or in any such lease or agreement, no person shall erect or maintain any building, shed, matshed, tent, booth, stand or other structure on any bathing beach: Provided that the Council may, by notice posted at any bathing beach, permit the temporary erection of tents, shades and awnings for the personal use of the respective owners thereof during such times and on such parts of the beach as are specified in the notice. (10 of 1986 s. 32(2)) BATHING BEACH (REGIONAL COUNCIL) BY-LAWS - BYLAW 6 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 BATHING BEACH (REGIONAL COUNCIL) BY-LAWS - BYLAW 6 Provision of public facilities at beaches, etc. VerDate:30/06/1997 (1) Save in pursuance of a contract entered into with the Council, no person shall, at any bathing beach, sell, offer or expose for sale, or let to hire or offer or expose for letting to hire, or otherwise trade or deal in- (a) any sunshade, deck-chair or inflatable or other beach equipment of any kind whatever; (b) any vessel or any appliance or equipment used by bathers or swimmers; (c) any rod, line, fishspear, net, bait or other fishing equipment; or (d) any food, drink, clothing, towels, bathing costumes, toys or other articles whatever. (2) Any person who in pursuance of any such contract hires to bathers or swimmers any bathing costumes or towels shall cause each such costume or towel to be sterilized by immersion in boiling water for not less than 30 seconds after each occasion upon which the same is hired. (10 of 1986 s. 32(2)) BATHING BEACH (REGIONAL COUNCIL) BY-LAWS - BYLAW 7 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 BATHING BEACH (REGIONAL COUNCIL) BY-LAWS - BYLAW 7 Bill posting and notices VerDate:30/06/1997 Save with the permission in writing of the Council, and subject to such conditions as the Council may specify, no person shall affix, erect, exhibit or distribute any bill, placard or notice at any bathing beach. (10 of 1986 s. 32(2)) BATHING BEACH (REGIONAL COUNCIL) BY-LAWS - BYLAW 8 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 BATHING BEACH (REGIONAL COUNCIL) BY-LAWS - BYLAW 8 Animals and vehicles VerDate:30/06/1997 (1) Save with the permission in writing of the Council, no person shall bring, or cause or suffer to be brought, on to any bathing beach- (a) any vehicle, except a perambulator; or (b) any animal. (2) Where any bathing beach includes any road, or part of a road, which is provided for use by vehicles, the provisions of paragraph (1) shall not apply to any vehicle which is brought, or caused or suffered to be brought, on any such road. (10 of 1986 s. 32(2)) BATHING BEACH (REGIONAL COUNCIL) BY-LAWS - BYLAW 9 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 BATHING BEACH (REGIONAL COUNCIL) BY-LAWS - BYLAW 9 Reservation of areas for swimmers VerDate:30/06/1997 (1) The Council may set aside for the sole use of swimmers the whole or any part of the waters adjacent to any bathing beach. (2) Where any waters are set aside under paragraph (1), the Council shall cause the area so set aside to be demarcated in such suitable manner as, in its opinion, will best draw thereto the attention of persons using the beach: Provided that, where the whole of the waters adjacent to any beach are so set aside, it shall be sufficient to post a notice to that effect in any conspicuous place upon the beach. (10 of 1986 s. 32(2)) BATHING BEACH (REGIONAL COUNCIL) BY-LAWS - BYLAW 10 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 BATHING BEACH (REGIONAL COUNCIL) BY-LAWS - BYLAW 10 Protection of areas set aside for swimmers VerDate:30/06/1997 (1) Save with the permission in writing of the Council, no person shall, without reasonable cause or excuse, bring into or use in, or cause or suffer to be brought into or used in, any part of the waters adjacent to any bathing beach set aside for the use of swimmers under by-law 9(1) any vessel or any surf-board or water-skis or any board designed or adapted for use in water by being propelled by wind. (10 of 1986 s. 32(2)) (2) For the purposes of paragraph (1), the expression "vessel" (船隻) shall not include inflatable rubber dinghies or other inflatable articles unless the same are propelled by motors, sails, oars, paddles or poles. (3) Save with permission in writing of the Council, no person shall, without reasonable cause or excuse, engage in any of the activities commonly known as parachute jumping or parasailing on or from or over any bathing beach or into or from or over any part of the waters adjacent to any bathing beach set aside for the use of swimmers under by-law 9(1). (L.N. 17 of 1983; 10 of 1986 s. 32(2)) "vessel" (船隻) BATHING BEACH (REGIONAL COUNCIL) BY-LAWS - BYLAW 11 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 BATHING BEACH (REGIONAL COUNCIL) BY-LAWS - BYLAW 11 Music and singing VerDate:30/06/1997 Save where the Council has, in writing, permitted the operation or playing of, or the making of any sounds by means of, any such musical instrument or the singing of any song, no person shall, on any bathing beach, to the annoyance of any other person using the beach, operate, play, or make any sounds by means of, any musical or other instrument, including any gramophone or radio apparatus, or sing any song. BATHING BEACH (REGIONAL COUNCIL) BY-LAWS - BYLAW 12 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 BATHING BEACH (REGIONAL COUNCIL) BY-LAWS - BYLAW 12 Public meetings and assemblies VerDate:30/06/1997 Save with the permission in writing of the Council, no person shall, on any bathing beach, deliver, utter or read to the public any speech, lecture, prayer, scripture or sermon, or enter into any public discussion, or hold or cause to be held, or take part in, any public meeting or procession. BATHING BEACH (REGIONAL COUNCIL) BY-LAWS - BYLAW 13 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 BATHING BEACH (REGIONAL COUNCIL) BY-LAWS - BYLAW 13 General conduct VerDate:30/06/1997 No person shall, on any bathing beach- (a) spit; (b) use obscene language; (c) indecently expose his person; (d) conduct himself otherwise than in a peaceful, decent and orderly manner; (e) leave any litter, paper or rubbish (save in containers provided for such purpose); (f) wilfully throw or deposit any glass, china or tin, or any oyster or other shell, or any sharp or injurious article or substance likely to cause injury to persons using the beach; or (g) sort rags, bones, refuse or any like matter. BATHING BEACH (REGIONAL COUNCIL) BY-LAWS - BYLAW 14 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 BATHING BEACH (REGIONAL COUNCIL) BY-LAWS - BYLAW 14 Offences and penalties VerDate:30/06/1997 Any person who- (a) contravenes any of the provisions of by-law 4, 5, 6, 7, 8(1), 10(1) or (3), 11, 12 or 13; or (L.N. 17 of 1983; 10 of 1986 s. 32(2)) (b) without reasonable cause or excuse, fails to comply with any of the requirements of a notice posted under by-law 3(2), (10 of 1986 s. 32(2)) shall be guilty of an offence and liable to a fine at level 1 and to imprisonment for 14 days. (L.N. 231 of 1992; L.N. 177 of 1996) BATHING BEACH (REGIONAL COUNCIL) BY-LAWS - BYLAW 15 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 BATHING BEACH (REGIONAL COUNCIL) BY-LAWS - BYLAW 15 Name in which proceedings for offences may be brought VerDate:30/06/1997 Without prejudice to the provisions of any other enactment relating to the prosecution of criminal offences and without prejudice to the powers of the Attorney General in relation to the prosecution of such offences, prosecutions for an offence under any of the provisions of these by-laws may be brought in the name of the Council. (10 of 1986 s. 32(2)) BATHING BEACH (REGIONAL COUNCIL) BY-LAWS - BYLAW 16 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 BATHING BEACH (REGIONAL COUNCIL) BY-LAWS - BYLAW 16 Saving of Summary Offences Ordinance (Cap 228) VerDate:30/06/1997 Nothing in these by-laws shall be taken or construed to the prejudice of the provisions of the Summary Offences Ordinance (Cap. 228). (10 of 1986 s. 32(2))