CONSERVANCY (URBAN COUNCIL) BY-LAWS - CHAPTER 132K CONSERVANCY (URBAN COUNCIL) BY-LAWS - LONG TITLE Empowering section (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 These by-laws were repealed by section 7 of the Provision of Municipal Services (Reorganization) Ordinance (Cap 552).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 Sanitation and Conservancy Regulation (Cap 132 sub. leg. BT) 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. CONSERVANCY (URBAN COUNCIL) BY-LAWS - LONG TITLE Empowering section VerDate:30/06/1997 (Cap. 132 sections 15 and 29) [11 November 1960] (G.N.A. 132 of 1960) (G.N.A. 103 of 1960) CONSERVANCY (URBAN COUNCIL) BY-LAWS - BYLAW 1 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 These by-laws were repealed by section 7 of the Provision of Municipal Services (Reorganization) Ordinance (Cap 552).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 Sanitation and Conservancy Regulation (Cap 132 sub. leg. BT) 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. CONSERVANCY (URBAN COUNCIL) BY-LAWS - BYLAW 1 Citation VerDate:30/06/1997 PART I PRELIMINARY These by-laws may be cited as the Conservancy (Urban Council) By-laws. (10 of 1986 s. 32(2)) CONSERVANCY (URBAN COUNCIL) BY-LAWS - BYLAW 2 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 CONSERVANCY (URBAN COUNCIL) BY-LAWS - BYLAW 2 Application VerDate:30/06/1997 These by-laws apply to the Urban Council area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 (10 of 1986 s. 32(2)) CONSERVANCY (URBAN COUNCIL) BY-LAWS - BYLAW 3 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 CONSERVANCY (URBAN COUNCIL) BY-LAWS - BYLAW 3 Interpretation VerDate:17/06/1999 In these by-laws, unless the context otherwise requires- "conservancy service" (清糞服務) means a service- (a) providing for the cleansing or emptying of sanitary pails or other similar containers, septic tanks, aqua-privies or cesspools; or (b) of providing movable toilets or other temporary toilets; (L.N. 156 of 1999) "Council" means the Urban Council; "excretal matter" (排泄物) means excretal matter of any person, but does not include such matter after maturation; "premises" (處所) means buildings and structures appurtenant thereto, but does not include any temporary structure used solely for dwelling purposes unless such temporary structure is used in connection with any industrial undertaking within the meaning of the Factories and Industrial Undertakings Ordinance (Cap 59); "temporary conservancy service" (臨時清糞服務) means a conservancy service provided for a period not exceeding 30 days; "water-borne sanitation" (沖水衞生設備) includes waterclosets and urinals. "conservancy service" (清糞服務) "Council" "excretal matter" (排泄物) "premises" (處所) "temporary conservancy service" (臨時清糞服務) "water-borne sanitation" (沖水衞生設備) CONSERVANCY (URBAN COUNCIL) BY-LAWS - BYLAW 3 Interpretation VerDate:30/06/1997 In these by-laws, unless the context otherwise requires- "conservancy service" (清糞服務) means a service provided under section 16 of the Ordinance for the removal and disposal of excretal matter; (10 of 1986 s. 32(2)) "Council" means the Urban Council; "excretal matter" (排泄物) means excretal matter of any person, but does not include such matter after maturation; "premises" (處所) means buildings and structures appurtenant thereto, but does not include any temporary structure used solely for dwelling purposes unless such temporary structure is used in connection with any industrial undertaking within the meaning of the Factories and Industrial Undertakings Ordinance (Cap 59); "temporary conservancy service" (臨時清糞服務) means a conservancy service provided for a period not exceeding 30 days; "water-borne sanitation" (沖水衞生設備) includes waterclosets and urinals. "conservancy service" (清糞服務) "Council" "excretal matter" (排泄物) "premises" (處所) "temporary conservancy service" (臨時清糞服務) "water-borne sanitation" (沖水衞生設備) CONSERVANCY (URBAN COUNCIL) BY-LAWS - BYLAW 4 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 CONSERVANCY (URBAN COUNCIL) BY-LAWS - BYLAW 4 Floors of compartments to be constructed of impervious material or paved VerDate:30/06/1997 PART II WATERCLOSETS AND URINALS The owner, or, if the owner is absent from Hong Kong or cannot readily be found, the occupier, of any premises or part of any premises in which a watercloset or urinal is installed shall cause the floor of any compartment in which such watercloset or urinal is installed to be constructed of or paved with smooth, hard, impervious material and shall at all times keep the same in good condition and repair. (10 of 1986 s. 32(2)) CONSERVANCY (URBAN COUNCIL) BY-LAWS - BYLAW 5 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 CONSERVANCY (URBAN COUNCIL) BY-LAWS - BYLAW 5 Duties of occupiers and owners of premises, etc. with respect to water-borne sanitation VerDate:30/06/1997 (1) The occupier of any premises or part of any premises in which a watercloset or urinal is installed shall, at all times, keep such watercloset or urinal in a clean and wholesome condition. (G.N.A. 130 of 1960) (2) The owner, or, if the owner is absent from Hong Kong or cannot readily be found, the occupier, of any premises or part of any premises in which a watercloset or urinal is installed, shall provide at all times an adequate supply of water piped directly to such watercloset or urinal for flushing purposes. (L.N. 37 of 1969; L.N. 35 of 1978) (3) Where a compartment in any premises or part of any premises in which a watercloset or urinal is installed is ventilated by a mechanical ventilating system, the owner, or if the owner is absent from Hong Kong or cannot readily be found, the occupier of the premises shall keep the ventilating system maintained at all times in good working order. (L.N. 37 of 1969) CONSERVANCY (URBAN COUNCIL) BY-LAWS - BYLAW 6 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 CONSERVANCY (URBAN COUNCIL) BY-LAWS - BYLAW 6 Prevention of obstruction to waterclosets or urinals VerDate:30/06/1997 No person shall insert or permit to be inserted into any watercloset or urinal any matter which is not easily soluble in water or which is likely to prevent or obstruct the proper operation thereof. CONSERVANCY (URBAN COUNCIL) BY-LAWS - BYLAW 7 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 CONSERVANCY (URBAN COUNCIL) BY-LAWS - BYLAW 7 Duty of occupier of premises not having water-borne sanitation VerDate:30/06/1997 PART III DRY LATRINES (1) In any premises or part of any premises in which water-borne sanitation is not provided, the occupier of such premises or such part thereof shall provide not less than one sanitary pail or container for every 25 inmates of such premises or such part thereof. (2) Save where the same is supplied by the Council, every such sanitary pail or container shall- (a) be of a size suitable to its purpose; (b) be constructed of smooth impervious material; and (c) have either a close fitting lid or cover, or be enclosed in a box or structure, so made as to prevent the emission of smell therefrom or the access of flies thereto and constructed to the satisfaction of the Council. (3) Every such sanitary pail or container and all fittings or appliances appurtenant thereto shall, at all times, be maintained in good repair and in a clean and wholesome condition to the satisfaction of the Council by the occupier of the premises, or the part of the premises, in which it is installed. CONSERVANCY (URBAN COUNCIL) BY-LAWS - BYLAW 8 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 CONSERVANCY (URBAN COUNCIL) BY-LAWS - BYLAW 8 Disposal of contents of sanitary pails, etc. VerDate:30/06/1997 PART IV CONSERVANCY (1) Subject to the provisions of this by-law, no person shall dispose of any of the contents of any sanitary pail or container from any premises or any part of any premises except through the agency of a conservancy service. (2) In the case of any premises or part of any premises for which no conservancy service is for the time being provided, the occupier of such premises or such part thereof shall, if he has made an application to the Council in the manner prescribed in by-law 9 for the provision of a conservancy service and the Council has, within 48 hours after the receipt of such application, either refused or failed to provide or to cause such a service to be provided, dispose of the contents of every sanitary pail or container once in every 24 hours, until such time as a conservancy service is provided, in such decent manner as to prevent the causing of any nuisance or smell or the propagation of flies: Provided that in no case shall such contents be thrown into the sea or into any stream, watercourse or open drain or ditch. (3) In the case of any premises or part of any premises for which a conservancy service is provided, the occupier of such premises or such part thereof shall, unless the Council or other person providing the service expressly notifies him to the contrary, place or cause to be placed each sanitary pail or container in such a position as- (a) will be conveniently accessible from the nearest street used by such conservancy service for collection purposes; (b) will not necessitate the removal of such sanitary pail or container through obstructed passageways; and (c) will not, wherever possible, necessitate the removal of such pail or container through any bedroom or sleeping quarter: Provided that in no case shall any sanitary pail or container be placed in a street. CONSERVANCY (URBAN COUNCIL) BY-LAWS - BYLAW 9 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 CONSERVANCY (URBAN COUNCIL) BY-LAWS - BYLAW 9 Application for conservancy service VerDate:30/06/1997 (1) Every application for the provision of a conservancy service shall be made in writing addressed to the Secretary of the Council and shall state- (a) the date upon which the service is required to commence; (b) the full name and address of the applicant; (c) the full name and address of the owner of the premises in question, unless such owner is the applicant; and (d) the address in detail of the premises, or the part thereof, for which the service is required. (2) Where the applicant for a conservancy service does not expect that the service will be required by him for more than 30 days, he may state in the application that a temporary service is required and shall state, as near as may be, the date upon which he expects the requirement to cease. (3) Where any person is about to cease to require at any premises, or any part of any premises, the provision of a conservancy service, he shall give to the Council, by notice in writing addressed to the Secretary thereof, not less than 3 days' notice of the date upon which he will cease to require the service and shall, in such notice, specify the circumstances by reason of which the service will no longer be required. (4) Where application is made by the occupier of any premises or any part of any premises for the provision of a conservancy service and where notice is given to the Council that the provision of a conservancy service for any premises or part of any premises will no longer be required, the Council shall, save where the applicant or the person giving such notice is the owner, or the agent in Hong Kong of the owner, of such premises or such parts thereof, cause notice in writing of the receipt of such application or notice and of its determination thereon to be sent to such owner or his agent in Hong Kong addressed to the last address in Hong Kong of either of them which is known to the Council. (10 of 1986 s. 32(2)) CONSERVANCY (URBAN COUNCIL) BY-LAWS - BYLAW 10 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 CONSERVANCY (URBAN COUNCIL) BY-LAWS - BYLAW 10 Offences and penalties VerDate:30/06/1997 PART V OFFENCES AND MISCELLANEOUS (1) Any person who contravenes any of the provisions of by-law 4 or 5 shall be guilty of an offence and shall be liable on summary conviction to a fine at level 2, and, where the offence is a continuing offence, shall be liable in addition to a fine of $50 for each day during which it is proved to the satisfaction of the court that the offence has continued. (L.N. 287 of 1987) (2) In any prosecution for the contravention of by-law 5(2) it shall be a defence if the owner or occupier of the premises satisfies the court that he had a reasonable excuse for failing to provide an adequate supply of water for flushing purposes. (L.N. 37 of 1969) (3) Any person who contravenes any of the provisions of by-law 6, 7 or 8 shall be guilty of an offence and shall be liable on summary conviction to a fine at level 1, and, where the offence is a continuing offence, shall be liable in addition to a fine of $50 for each day during which it is proved to the satisfaction of the court that the offence has continued. (L.N. 287 of 1987) ( L.N. 177 of 1996) CONSERVANCY (URBAN COUNCIL) BY-LAWS - BYLAW 11 (Repealed 78 of 1999 s. 7) VerDate:01/01/2000 CONSERVANCY (URBAN COUNCIL) BY-LAWS - BYLAW 11 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.