BATHING BEACHES REGULATION - CHAPTER 132E BATHING BEACHES REGULATION - LONG TITLE Empowering section VerDate:01/01/2000 BATHING BEACHES REGULATION (78 of 1999 s. 7) (Cap 132, section 109) [11 November 1960] G.N.A. 132 of 1960 (G.N.A. 101 of 1960) BATHING BEACHES REGULATION - LONG TITLE Empowering section VerDate:30/06/1997 (Cap. 132 section 109) [11 November 1960] G.N.A. 132 of 1960 (G.N.A. 101 of 1960) BATHING BEACHES REGULATION - SECT 1 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 BATHING BEACH (URBAN COUNCIL) BY-LAWS - BYLAW 1 Citation VerDate:30/06/1997 These by-laws may be cited as the Bathing Beach (Urban Council) By-laws. (10 of 1986 s. 32(2)) BATHING BEACHES REGULATION - SECT 2 Application VerDate:01/01/2000 This Regulation applies to any bathing beach specified in the Fourth Schedule to the Ordinance. (78 of 1999 s. 7) BATHING BEACH (URBAN COUNCIL) BY-LAWS - BYLAW 2 Application VerDate:30/06/1997 These by-laws apply to the Urban Council area only. (10 of 1986 s. 32(2)) BATHING BEACHES REGULATION - SECT 3 Interpretation VerDate:01/01/2000 In this Regulation, unless the context otherwise requires- "Director" (署長) means the Director of Leisure and Cultural Services. (78 of 1999 s. 7) "Director" (署長) BATHING BEACH (URBAN COUNCIL) BY-LAWS - BYLAW 3 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 Urban Council area; (10 of 1986 s. 32(2)) "Council" means the Urban Council. "bathing beach" (泳灘) "Council" BATHING BEACHES REGULATION - SECT 4 Temporary closure of beaches VerDate:01/01/2000 (1) The Director may, for the purpose of the cleansing of any bathing beach or in the interests of the health or safety of persons using any such beach- (78 of 1999 s. 7) (a) close, or cause to be closed, to the public any such beach or any part thereof; or (b) restrict, or cause to be restricted, the use of any such beach or any part thereof, for such period as the Director may consider necessary having regard to the circumstances. (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 (URBAN COUNCIL) BY-LAWS - BYLAW 4 Temporary closure of beaches VerDate:30/06/1997 (1) Subject to any directions of the Council, the Director of Urban Services may, from time to time, for the purpose of the cleansing of any bathing beach or in the interests of the health or safety of persons using any such beach- (a) close, or cause to be closed, to the public any such beach or any part thereof; or (b) restrict, or cause to be restricted, the use of any such beach or any part thereof, for such period as the Director may consider necessary having regard to the circumstances. (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 BEACHES REGULATION - SECT 5 Protection of beaches VerDate:01/01/2000 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 anything 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 Director for use by the public for cooking. (78 of 1999 s. 7) BATHING BEACH (URBAN COUNCIL) BY-LAWS - BYLAW 5 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 anything 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 or the Director of Urban Services for use by the public for cooking food. (L.N. 288 of 1982) BATHING BEACHES REGULATION - SECT 6 Erection of beach structures VerDate:01/01/2000 Save with the consent in writing of the Director or by virtue of a Government lease or an agreement for a Government lease and subject to such conditions as may be specified on the granting of such consent or in such lease or agreement for a lease, 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 Director 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. (78 of 1999 s. 7) BATHING BEACH (URBAN COUNCIL) BY-LAWS - BYLAW 6 Erection of beach structures VerDate:01/07/1997 Amendments retroactively made - see 29 of 1998 s. 105 Save with the consent in writing of the Council (which may be granted on payment of such fee as the Council thinks fit) or by virtue of a Government lease or an agreement for a Government lease and subject to such conditions as may be specified on the granting of such consent or in such lease or agreement for a lease, 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. BATHING BEACH (URBAN COUNCIL) BY-LAWS - BYLAW 6 Erection of beach structures VerDate:30/06/1997 Save with the consent in writing of the Council (which may be granted on payment of such fee as the Council thinks fit) or by virtue of a Crown lease or an agreement for a Crown lease and subject to such conditions as may be specified on the granting of such consent or in such lease or agreement for a lease, 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. BATHING BEACHES REGULATION - SECT 7 Provision of public facilities at beaches VerDate:01/01/2000 (1) Save in pursuance of a contract entered into with the Government, 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- (78 of 1999 s. 7) (a) any sunshade, deck-chair or inflatable or other beach equipment of any kind whatever; (b) any vessel, boat or other craft, 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 whatsoever. (2) (Repealed 78 of 1999 s. 7) BATHING BEACH (URBAN COUNCIL) BY-LAWS - BYLAW 7 Provision of public facilities at beaches VerDate:30/06/1997 (1) Save in pursuance of a contract entered into with the Council or the Government, 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, boat or other craft, 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 whatsoever. (2) Any person who hires to bathers 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. BATHING BEACHES REGULATION - SECT 8 Bill posting and notices VerDate:01/01/2000 Save with the permission in writing of the Director and subject to such conditions as may be specified, no person shall affix, erect, exhibit or distribute any bill, placard or notice at any bathing beach. (78 of 1999 s. 7) BATHING BEACH (URBAN COUNCIL) BY-LAWS - BYLAW 8 Bill posting and notices VerDate:30/06/1997 Save with the permission in writing of the Council or the Director of Urban Services and subject to such conditions as may be specified, no person shall affix, erect, exhibit or distribute any bill, placard or notice at any bathing beach. BATHING BEACHES REGULATION - SECT 9 Animals and vehicles VerDate:01/01/2000 (1) Save with the permission in writing of the Director, no person shall bring, or cause or suffer to be brought, onto 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 subsection (1) shall not apply to any vehicle which is brought, or caused or suffered to be brought, on any such road. (78 of 1999 s. 7) BATHING BEACH (URBAN COUNCIL) BY-LAWS - BYLAW 9 Animals and vehicles VerDate:30/06/1997 (1) Save with the permission in writing of the Council or the Director of Urban Services, no person shall bring, or cause or suffer to be brought, onto 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. BATHING BEACHES REGULATION - SECT 10 Reservation of areas for swimmers VerDate:01/01/2000 (1) The Director 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 subsection (1), the Director shall cause the area so set aside to be demarcated in such suitable manner as, in the opinion of the Director, 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. (78 of 1999 s. 7) BATHING BEACH (URBAN COUNCIL) BY-LAWS - BYLAW 10 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 the opinion of the Council, 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. BATHING BEACHES REGULATION - SECT 11 Protection of areas set aside for swimmers VerDate:01/01/2000 (1) Save with the permission in writing of the Director, 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 section 10(1), any vessel, boat, canoe or similar craft or any surf-board or water-skis or any board designed or adapted for use in water by being propelled by wind. (L.N. 288 of 1982) (2) Nothing in subsection (1) shall be construed to 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 Director, 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 section 10(1). (L.N. 288 of 1982) (78 of 1999 s. 7) BATHING BEACH (URBAN COUNCIL) BY-LAWS - BYLAW 11 Protection of areas set aside for swimmers VerDate:30/06/1997 (1) Save with the permission in writing of the Council or the Director of Urban Services, 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 10(1), any vessel, boat, canoe or similar craft or any surf-board or water-skis or any board designed or adapted for use in water by being propelled by wind. (L.N. 288 of 1982) (2) Nothing in paragraph (1) shall be construed to 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 or the Director of Urban Services, 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 10(1). (L.N. 288 of 1982) BATHING BEACHES REGULATION - SECT 12 Music and singing VerDate:01/01/2000 Save where the Director has, in writing, permitted the operation or playing of, or the making of any sounds by means of, any such instrument or the singing of any song, no person shall, on any bathing beach, to the annoyance of any 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. (78 of 1999 s. 7) BATHING BEACH (URBAN COUNCIL) BY-LAWS - BYLAW 12 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 instrument or the singing of any song, no person shall, on any bathing beach, to the annoyance of any 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 BEACHES REGULATION - SECT 13 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 BATHING BEACH (URBAN COUNCIL) BY-LAWS - BYLAW 13 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 BEACHES REGULATION - SECT 14 Begging for alms VerDate:01/01/2000 No person shall beg for or gather alms, or, for the purpose of gathering alms, expose or exhibit any sores, wounds or bodily ailment or deformity, at any bathing beach. BATHING BEACH (URBAN COUNCIL) BY-LAWS - BYLAW 14 Begging for alms VerDate:30/06/1997 No person shall beg for or gather alms, or, for the purpose of gathering alms, expose or exhibit any sores, wounds or bodily ailment or deformity, at any bathing beach. BATHING BEACHES REGULATION - SECT 15 General conduct VerDate:01/01/2000 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 by the Director); (78 of 1999 s. 7) (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 (URBAN COUNCIL) BY-LAWS - BYLAW 15 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 by the Council); (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 BEACHES REGULATION - SECT 16 Offences and penalties VerDate:01/01/2000 Any person who- (a) contravenes any of the provisions of section 5, 6, 7, 8, 9(1), 11(1) or (3), 12, 14, or 15; or (b) without reasonable excuse, fails to comply with any of the requirements of a notice posted under section 4(2), shall be guilty of an offence and shall be liable on summary conviction to a fine at level 1 and to imprisonment for 14 days. (L.N. 299 of 1992; L.N. 177 of 1996; 78 of 1999 s. 7) BATHING BEACH (URBAN COUNCIL) BY-LAWS - BYLAW 16 Offences and penalties VerDate:30/06/1997 Any person who- (a) contravenes any of the provisions of by-law 5, 6, 7, 8, 9(1), 11(1) or (3), 12, 13, 14, or 15; or (b) without reasonable excuse, fails to comply with any of the requirements of a notice posted under by-law 4(2), shall be guilty of an offence and shall be liable on summary conviction to a fine at level 1 and to imprisonment for 14 days. (L.N. 299 of 1992; L.N. 177 of 1996) BATHING BEACHES REGULATION - SECT 17 Name in which proceedings for offences may be brought VerDate:01/01/2000 Without prejudice to the provisions of any other enactment relating to the prosecution of criminal offences and without prejudice to the powers of the Secretary for Justice in relation to the prosecution of such offence, prosecutions for an offence under any of the provisions of this Regulation may be brought in the name of the Director. (L.N. 362 of 1997; 78 of 1999 s. 7) BATHING BEACHES REGULATION - SECT 17 Name in which proceedings for offences may be brought VerDate:01/07/1997 Without prejudice to the provisions of any other enactment relating to the prosecution of criminal offences and without prejudice to the powers of the Secretary for Justice in relation to the prosecution of such offence, prosecutions for an offence under any of the provisions of these by-laws may be brought in the name of the Council. (L.N. 362 of 1997) BATHING BEACH (URBAN COUNCIL) BY-LAWS - BYLAW 17 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 offence, prosecutions for an offence under any of the provisions of these by-laws may be brought in the name of the Council.