(78 of 1999 s. 7) (Cap 132, sections 49 and 149) [10 September 1948] (G.N.A. 223 of 1948) ________________________________________________________________________________ Note: This Regulation is deemed to have been made under section 49 of the Public Health and Municipal Services Ordinance, Chapter 132-see section 149(1) of that Ordinance. Cap 132AX s 1 (Repealed 78 of 1999 s. 7) Cap 132AX s 2 (Repealed 78 of 1999 s. 7) Cap 132AX s 3 Interpretation In this Regulation, unless the context otherwise requires- "Director" (署长) means the Director of Food and Environmental Hygiene; (78 of 1999 s. 7) "licensee" (持牌人) means a person to whom a licence has been granted under this Regulation. (78 of 1999 s. 7) (L.N. 81 of 1973; L.N. 214 of 1980; 78 of 1999 s. 7) Cap 132AX s 4 Licence necessary to carry on offensive trade No person shall establish or continue any offensive trade except under and in accordance with a licence granted to him by the Director. (L.N. 81 of 1973; 10 of 1986 s. 32(2); 78 of 1999 s. 7) Cap 132AX s 5 Term of licence, etc. (1) A licence shall be valid for a period of 12 months from and including the date of its issue. (2) Where the Director is satisfied that any such licence has been lost, defaced or destroyed, the Director may issue to the licensee a duplicate licence in like terms. (3) No licence, or duplicate licence, shall be issued except upon payment of the prescribed fee. (L.N. 89 of 1995) (L.N. 200 of 1991; 78 of 1999 s. 7) Cap 132AX s 6 (Repealed L.N. 214 of 1980) Cap 132AX s 7 (Repealed L.N. 214 of 1980) Cap 132AX s 8 (Repealed L.N. 214 of 1980) Cap 132AX s 9 Application for licence (1) A person who wishes to establish or continue an offensive trade shall apply to the Director for a licence in accordance with subsection (2). (10 of 1986 s. 32(2)) (2) An application for a licence to establish or continue an offensive trade shall be made in writing and shall- (L.N. 214 of 1980) (a) contain the following particulars- (i) the full name and address of the applicant; (ii) a description of the premises where the offensive trade is, or is to be, carried on; (iii) details of the offensive trade in relation to which the application is made; and (iv) such other particulars as the Director may think fit; and (10 of 1986 s. 32(2))(b) where the application relates to the establishment of an offensive trade, be accompanied by 9 copies of a plan, as nearly as may be to scale, of the whole of the premises in which the offensive trade is to be carried on, which plan shall so far as the same may be applicable, contain particulars of- (L.N. 200 of 1991) (i) the space allocated to the preparation, processing and storage of materials; (ii) the space allocated to the storage of finished articles; (iii) all sanitary fitments and drainage works; (iv) all cloakrooms, passageways and open spaces; (v) all means of entry, exit and internal communication; (vi) the means of ventilation; (vii) the siting of substantial fittings, equipment and machinery; (viii) the means of storage and disposal of refuse; (ix) the type of finish to each wall and floor; (x) the means of control or disposal of any noxious or injurious vapours, dust or effluents which may be discharged in the carrying on of the offensive trade or of any waste or refuse arising therefrom; and (xi) the water supply. (3) Every plan submitted for approval pursuant to subsection (2) shall be accompanied by a statement in writing declaring- (a) the means whereby it is intended to control or disposed of any noxious or injurious vapours, dust or effluents which may be discharged in the carrying on of the offensive trade or of any waste or refuse arising therefrom; (b) where the premises at which the offensive trade is to be carried on comprise part of a building which has more than one storey, which storey or storeys will be used; and (c) the type of any heating equipment and fuel intended to be used. (L.N. 200 of 1991)(4) Every such plan, and any modification thereof, which is approved by the Director shall be endorsed to that effect by the Director, and one copy shall be returned to the applicant and the remaining 2 copies shall be retained by the Director. (10 of 1986 s. 32(2)) (L.N. 81 of 1973; 78 of 1999 s. 7) Cap 132AX s 10 Conditions for the issue of licence (1) The Director shall not grant or renew a licence in respect of any premises used or intended to be used in carrying on an offensive trade unless the Director is satisfied in relation to such premises that- (L.N. 214 of 1980; 10 of 1986 s. 32(2)) (a) the premises conform to the plan approved by the Director under section 9; (10 of 1986 s. 32(2)) (b) the methods to be used for the control or disposal of any noxious or injurious vapours, dust or effluents which may be discharged in the carrying on of the offensive trade or of any waste or refuse arising therefrom are adequate; (c) the means of ventilation provided, whether natural or mechanical or partly natural and partly mechanical, are sufficient in every part of the premises, other than any part used exclusively for storage purposes, to safeguard in that respect the maximum number of persons likely to be in such part of the premises at any one time; (d) sanitary fitments are provided to a standard not less than that required by the Building (Standards of Sanitary Fitments, Plumbing, Drainage Works and Latrines) Regulations (Cap 123 sub. leg.): Provided that, in the case of any premises to which such regulations do not apply, the Director may approve such lesser standard as, having regard to considerations of public health and the circumstances of the case, he may consider adequate; (10 of 1986 s. 32(2))(e) public mains water is laid on to the premises: Provided that, where the Director is satisfied that public mains water cannot reasonably be laid on for all or any purposes, the Director may in his discretion approve such other water supply as, having regard to considerations of public health, he may consider adequate; (10 of 1986 s. 32(2))(f) subject to subsection (2), all floors in every part of the premises in which materials are prepared, processed or stored are rendered smooth and impervious on the surface and slope evenly towards drainage outlets; (g) all such floors are drained, by means of removable galvanized gratings, into glazed or smooth cement channels which discharge into trapped drainage openings; (h) subject to subsection (2), all walls in every part of the premises in which materials are prepared, processed or stored are rendered smooth and impervious to a height of not less than 2 m and the junctions between the walls and floors are coved; (L.N. 89 of 1979) (i) in the case of any premises used or intended to be used for the carrying on of an offensive trade involving the processing or treatment of materials containing fat, all drainage outlets are fitted with a grease trap; (j) the storage space provided is sufficient to contain all materials required for use in the business which are likely to be in stock at any one time; (k) where the premises comprise part of a building which has more than one storey, the other storeys of such building are adequately protected against nuisances arising from the carrying on of the offensive trade; (l) the carrying on of the offensive trade is not, or is not likely to be, a nuisance or danger to members of the public; and (L.N. 214 of 1980) (m) any heating equipment provided is properly installed and, having regard to the nature of the premises, is not likely to be dangerous. (L.N. 200 of 1991)(2) If the Director is satisfied that compliance with subsection (1)(f) or (h) is not necessary in any particular case having regard to the nature of the materials prepared, processed or stored, the Director may in writing exempt any person from the application of that paragraph. (10 of 1986 s. 32(2)) (L.N. 81 of 1973; 78 of 1999 s. 7) Cap 132AX s 11 Restriction on alteration of premises No licensee shall, save with the permission in writing of the Director, cause or permit to be made in respect of any premises to which a licence relates- (L.N. 214 of 1980) (a) any alteration or addition which would result in a material deviation from the plan thereof approved under section 9; (b) any material alteration in respect of any matter specified in section 10. (L.N. 81 of 1973; 10 of 1986 s. 32(2); 78 of 1999 s. 7) Cap 132AX s 12 Storage of materials Every licensee shall cause all materials which have been received upon the premises where his trade is carried on, and which are not immediately required for use, to be stored in such manner and in such a situation as to prevent the emission of noxious or injurious effluvia or the spread of vermin therefrom. Cap 132AX s 13 (Repealed L.N. 214 of 1980) Cap 132AX s 14 Limewashing Every licensee shall cause the internal surface of every wall upon the premises where his trade is carried on to be thoroughly cleansed and limewashed with hot limewash not less than once every 6 months. (L.N. 200 of 1991) Cap 132AX s 15 Daily cleaning Every licensee shall, at the close of every day, cause all fat, tallow, grease, refuse or filth which has been spilled or splashed or has fallen or been deposited upon any floor, pavement or wall of the premises where his trade is carried on to be collected therefrom by scraping or some other effectual method of cleansing and, unless it is intended to be subjected to further trade processes on the premises, to be removed forthwith from the premises. All apparatus must be kept in a cleanly condition at all times. Cap 132AX s 16 Repair Every licensee shall, at all times, cause all parts of the premises to which the licence relates, and all fittings, equipment and sanitary fitments therein, to be maintained in proper repair and in a clean condition and free from noxious or injurious matter which may fall or be splashed thereon. (L.N. 200 of 1991) Cap 132AX s 17 Use of sleeping purposes No persons other than 2 caretakers (or such greater number of caretakers as the Director may in writing permit) in respect of each block of buildings shall pass the night in any part of the premises used in connexion with the trade. Where any part of the premises is used for sleeping purposes such part shall be partitioned off from the remainder of the premises to the satisfaction of the Director, and no part of the trade shall be carried on and no storage of raw materials or finished products shall be permitted therein. (L.N. 81 of 1973; 10 of 1986 s. 32(2); L.N. 200 of 1991; 78 of 1999 s. 7) Cap 132AX s 18 (Repealed L.N. 200 of 1991) Cap 132AX s 19 Power to grant exemption The Director may exempt a licensee by endorsement on his licence from the provisions of all or any of sections 12, 14, 15, 16 and 17. (L.N. 81 of 1973; L.N. 214 of 1980; 10 of 1986 s. 32(2); L.N. 200 of 1991; 78 of 1999 s. 7) Cap 132AX s 20 Free access by Director and health officers Every licensee shall at all times afford free access to the Director or a public officer authorized by him, and any health officer or health inspector. (L.N. 81 of 1973; 10 of 1986 s. 32(2); 78 of 1999 s. 7; 78 of 1999 s. 7) Cap 132AX s 21 Restrictions as to certain persons No person under the age of 15 years shall be permitted upon any premises licensed for the carrying on of any offensive trade. (78 of 1999 s. 7) Cap 132AX s 22 (Repealed L.N. 200 of 1991) Cap 132AX s 23 Offences and penalties (1) Any person who contravenes section 4 commits an offence and is liable to a fine at level 5 and to imprisonment for 6 months, and in the case of a continuing offence to a further daily penalty of $900. (2) Any person who contravenes section 11, 12, 14, 15, 16, 17, 20 or 21 commits an offence and is liable to a fine at level 3 and to imprisonment for 3 months, and in the case of a continuing offence to a further daily penalty of $300. (10 of 1986 s. 32(2); L.N. 200 of 1991) (L.N. 214 of 1980; L.N. 301 of 1987; L.N. 177 of 1996; 78 of 1999 s. 7) Cap 132AX s 24 Name in which proceedings for offences may be brought 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 offences, prosecutions for an offence under any of the provisions of this Regulation may be brought in the name of the Director. (L.N. 200 of 1991; L.N. 362 of 1997; 78 of 1999 s. 7) Cap 132AX s 25 Transitional Notwithstanding the amendments made to this Regulation by the Provision of Municipal Services (Reorganization) Ordinance (Cap 552), section 10(1)(m) does not apply to a person who holds a licence on the commencement of those amendments in respect of an offensive trade carried on in premises in the area known immediately before that commencement as the Urban Council area, for a period of 12 months beginning on that commencement. (78 of 1999 s. 7) Cap 132AX SCHEDULE (Repealed L.N. 89 of 1995)
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