Chapter: 132 PUBLIC HEALTH AND MUNICIPAL SERVICES Gazette Number Version Date ORDINANCE Long title 30/06/1997 To make provision for public health and municipal services. (Amended 10 of 1986 s. 2) [11 November 1960] G.N.A. 132 of 1960 (Originally 30 of 1960; 15 of 1935) Part: I PRELIMINARY 30/06/1997 Section: 1 Short title 30/06/1997 This Ordinance may be cited as the Public Health and Municipal Services Ordinance. (Amended 10 of 1986 s. 3) Section: 2 Interpretation L.N. 194 of 2003 01/01/2004 (1) In this Ordinance, unless the context otherwise requires- "advertisement" (宣傳、宣傳品) includes any structure or apparatus erected, used, or intended to be used, solely for the display of advertisements; "analysis" (分析) includes micro-biological assay but no other form of biological assay, and "analyse" (分析) shall be construed accordingly; "animal" (動物) includes reptiles, but does not include birds or fish; "Authority" (主管當局) means the public officer designated to be the Authority by the provisions of section 3; (Amended 78 of 1999 s. 7) "bath" (浴、沐浴) includes shower bath and turkish bath; "billiard establishment" (桌球場所) means any place opened, kept or used for the purpose of playing billiards, snooker, pool or similar games; (Added 53 of 1988 s. 3) "book" ( 書籍) includes a document, periodical, magazine, newspaper, pamphlet, music-score, picture, print, engraving, etching, deed, photograph, map, chart, plan or manuscript, and any other article or thing of a like nature provided for the use of the public in any library; (Replaced 50 of 1979 s. 2) "canopy" (簷篷) means any shade, shelter or other structure not carrying a floor load which- (a) projects from a wall of a building and is cantilevered or supported by brackets, posts or other means; or (b) is erected on any building or in or over any open space adjacent to or on a building and is supported by posts or other means; (Added 43 of 1972 s. 2) "cemetery" (墳場) means any place for the time being specified in the Fifth Schedule; "civic centre" (文娛中心) means any premises and the grounds appurtenant thereto set aside under section 105M as a civic centre; (Added 21 of 1973 s. 2) "The Commonwealth War Graves Commission" (英聯邦國殤紀念墳場) means The Commonwealth War Graves Commission established by the charter dated 21 May 1917 (read and construed with the supplemental charter dated 8 June 1964) as amended from time to time; (Added 12 of 1994 s. 2) "corporation" (法團) means any person or body of persons incorporated by virtue of any Ordinance of Hong Kong and also means any company registered under the Companies Ordinance (Cap 32); (Amended 10 of 1986 s. 24) "court" (法庭) means a magistrate's court; "cream" (忌廉) means that part of milk rich in fat which has been separated by skimming or otherwise; "crematorium" (火葬場) means any building or place designed or adapted for the purpose of burning human remains; Cap 132 - PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE 1 (Added of 21 of 1973 s. 2) "dancing establishment" (跳舞場所) means any public dance-hall or dancing school which is required to be licensed under the provisions of the Miscellaneous Licences Ordinance (Cap 114) or the Places of Public Entertainment Ordinance (Cap 172); "deposit" (棄置), in relation to litter or waste, includes to cast, throw, spray, sweep, place, drop, discharge, spill, dump, tip, scatter or blow such litter or waste; (Added 72 of 1981 s. 2) "drain" (排水渠) means a drain used for the drainage of one building or any buildings or yards appurtenant to buildings within the same curtilage, and the expression "public drain" (公共排水渠) means a drain which is vested in and maintained by the Government and, for the purposes of this Ordinance, includes any part of a drain from the outlet of any disconnecting trap to its junction with a public drain or sewer, and the expression "private drain" (私家排水渠) means any drain other than a public drain; "drink" (飲品) does not include water other than- (a) aerated water; (b) distilled water; (c) water from natural springs, either in its natural state or with added mineral substances; and (d) water placed in a sealed container for sale for human consumption; (Replaced 26 of 1986 s. 2) "drug" (藥物) includes any medicine, Chinese herbal medicine or proprietary Chinese medicine for internal or external use by man; (Replaced 47 of 1999 s. 162) "establishment" (場所) includes premises; "excretal matter" (排泄物) means excretal matter of human beings; "exhibit" (展品) means an article intended for display within a museum whether or not the article is displayed to the public at any particular time; (Added 21 of 1973 s. 2) "fire hazard" (火警危險) means- (a)-(b) (Repealed 5 of 1985 s. 2) (c) any removal from any building of any fire service installation or equipment which was provided in such building in accordance with plans certified by the Director of Fire Services for the purposes of section 16 of the Buildings Ordinance (Cap 123); (d) the presence in any building of any fire service installation or equipment which from lack of proper maintenance or for any other reason is not in efficient working order; (e) (Repealed 5 of 1985 s. 2) (f) any other matter or circumstance which materially increases the likelihood of fire or other calamity or the danger to life or property that would result from the outbreak of fire or the occurrence of any other calamity, or which would materially hamper the Fire Services Department in the discharge of its duties in the event of fire or other calamity; (Added 61 of 1974 s. 2) "fire service installation or equipment" (消防裝設或設備) means any installation or equipment manufactured, used or designed to be used for the purposes of- (a) extinguishing, attacking, preventing or limiting a fire; (b) giving warning of a fire; (c) providing access to any premises for the purpose of extinguishing, attacking, preventing or limiting a fire; (Added 61 of 1974 s. 2) (d) facilitating the evacuation from any premises or place in case of fire; (Added 7 of 2003 s. 21) (e) providing a stand-by power supply to an installation or equipment the purposes of which are mentioned in paragraphs (a) to (d) in the event of the loss of normal power supply; (Added 7 of 2003 s. 21) "fish" (魚) means all fish commonly used for human consumption and also means any other fish which is sold or offered for sale for human consumption; "food" (食物) includes- (a) drink; (b) chewing gum and other products of a like nature and use; (c) smokeless tobacco products; and (d) articles and substances used as ingredients in the preparation of food or drink or of such products, but does not include- Cap 132 - PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE 2 (i) live animals, live birds or live fish (excluding shell fish); (ii) water, other than- (A) aerated water; (B) distilled water; (C) water from natural springs, either in its natural state or with added mineral substances; and (D) water placed in a sealed container for sale for human consumption; (Replaced 3 of 1987 s. 2) (iii) fodder or feeding stuffs for animals, birds or fish; or (iv) articles or substances used only as drugs; (Replaced 62 of 1986 s. 2) "goods vehicle" (貨車) has the same meaning as it has in the Road Traffic Ordinance (Cap 374); (Added 72 of 1981 s. 2) "grave" (墳墓) means a burial place formed in the ground by excavation and without any internal walls of brickwork or stonework or any other artificial lining; "hawker" (小販) means- (a) any person who trades in any public place- (i) by selling or exposing for sale any goods, wares or merchandise; or (ii) by exposing samples or patterns of goods, wares or merchandise to be afterwards delivered; or (iii) by hiring or offering for hire his skill in handicraft or his personal services; and (b) any person who itinerates for the purpose- (i) of selling or exposing for sale any goods, wares or merchandise; or (ii) of hiring or offering for hire his skill in handicraft or his personal services: Provided that nothing in this definition shall be taken to include- (i) any person who sells to or seeks orders from any person who is a dealer in any such goods, wares or merchandise and who buys to sell again; or (ii) any person who on request visits in any place the person making such request for the purpose of selling or offering for sale or delivering to him or taking from him orders for any goods, wares or merchandise or of hiring to the person making such request his skill in handicraft or his personal services; or (iii) any representative of the press or any photographer; "health inspector" (衞生督察) means any person appointed by the Chief Executive to be a health inspector and any person for the time being performing the duties of a health inspector; (Amended 59 of 2000 s. 3) "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; (Added 78 of 1999 s. 7) "household waste" (住戶廢物) means waste produced by a household and of a kind ordinarily produced by a dwelling when occupied as such; (Replaced 8 of 1980 s. 37) "latrine" (廁所) includes a water closet, urinal and dry latrine, and all other sanitary equipment or installations designed, intended or used for the reception of excretal matter; "librarian" (圖書館長) means the Chief Librarian; (Added 21 of 1973 s.