Cap. 132 sub. leg. BT

Sanitation and Conservancy Regulation(78 of 1999 s.7)(Cap. 132, sections 15 and 29)[1 September 1969] L.N. 115 of 1969(Format changes—E.R. 4 of 2020) Part I Preliminary 1. (Repealed 78 of 1999 s. 7) 2. (Repealed 78 of 1999 s. 7) 3. Interpretation In this Regulation, unless the context otherwise requires— (78 of 1999 s. 7)conservancy service (清糞服務) means a service to provide for the cleansing or emptying of sanitary pails or other similar containers, septic tanks, aqua privies or cesspools or to provide movable toilets or other temporary toilets; (78 of 1999 s. 7)Director (署長) means the Director of Food and Environmental Hygiene; (78 of 1999 s. 7)excretal matter (排泄物) means human excretal matter but not such matter after maturation; latrine (廁所) means a room used for the housing of a fixed receptacle provided for the reception of excretal matter; owner (擁有人) includes any person holding premises direct from the Government whether under lease, licence or otherwise, any mortgagee in possession and any person receiving the rent of any premises, solely or with another, on his own behalf or that of any person, or who would receive the same if such premises were let to a tenant, and where such owner as above defined cannot be found or ascertained or is absent from Hong Kong or is under disability, the agent of such owner; (29 of 1998 s. 105) 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); (78 of 1999 s. 7)temporary service (臨時服務) means a conservancy service provided for a period not exceeding 30 days; (78 of 1999 s. 7)urinal (尿廁) means a fixed receptacle housed in a latrine for the purpose of urination;water-borne sanitation (沖水衞生設備) includes waterclosets and urinals. (78 of 1999 s. 7)(78 of 1999 s. 7) Part II Latrines and Urinals 4. Floors of latrines to be constructed of impervious material or paved The owner, or, if the owner is absent from Hong Kong or cannot readily be found, the occupier, of any premises in which a latrine is installed shall cause the floor of such latrine, to be constructed of or paved with smooth, hard, impervious material and shall at all times keep the same in good condition and repair. 5. Duties of occupiers and owners of premises, etc. with respect to latrine accommodation (1) The occupier of any premises or part of any premises in which a latrine is installed shall at all times keep such latrine in a clean and hygienic condition. (2) The owner, or if the owner is absent from Hong Kong or cannot readily be found, the occupier of any premises in which a latrine or urinal is installed shall, if the type of latrine or urinal installed is such as to require the use of water for flushing purposes, provide at all times an adequate supply of water for such purposes. (2A) For the purposes of subsection (2), where a latrine or urinal is connected to a piped water flushing system the supply of water shall not constitute an adequate supply unless the water is supplied directly to such latrine or urinal by way of such system. (L.N. 29 of 1978; 78 of 1999 s. 7)(3) Where a latrine or urinal installed in any premises 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 at all times keep it maintained in good working order. 6. Prevention of obstruction to latrines or urinals No person shall insert or permit to be inserted into any latrine or urinal, which requires the use of water for flushing purposes, any matter which is not easily soluble in water or which is likely to prevent or obstruct the proper operation thereof. Part III Sanitary Pails or Containers 7. Duty of occupier of premises not having latrine accommodation (1) In any premises in which no latrine accommodation can be provided the occupier of such premises or part thereof shall provide sufficient sanitary pails or containers for the use of the inmates of the premises so that there shall be not less than 1 sanitary pail or container for each 25 inmates or part thereof. (2) 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 Director. (10 of 1986 s. 32(2))(3) Every 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 hygienic condition to the satisfaction of the Director by the occupier of the premises in which it is installed. (10 of 1986 s. 32(2))(78 of 1999 s. 7) Part IV Conservancy 8. Disposal of contents of sanitary pails, etc. (1) Subject to the provisions of this section, 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 a conservancy service operated by the Director. (10 of 1986 s. 32(2))(2) The owner or occupier of any premises may apply to the Director in the manner prescribed in section 9 for the provision of a conservancy service for the premises. (10 of 1986 s. 32(2))(3) The Director shall, within 7 days after receiving an application in the manner prescribed in section 9, notify the applicant in writing whether or not he will provide a conservancy service for the premises specified in the application. (10 of 1986 s. 32(2))(4) Where no conservancy service is provided for the time being to any premises, the occupier of the premises shall dispose of the contents of every sanitary pail or container at least once in every 24 hours in such manner as to prevent the causing of any nuisance or smell or the access of flies thereto:Provided that in no case shall the contents of any sanitary pail or container be thrown into the sea or into any stream, water-course, open drain or ditch. (5) The occupier of any premises for which a conservancy service is provided shall, unless the Director expressly notifies him to the contrary, place or cause to be placed each sanitary pail or container in such a position as— (10 of 1986 s. 32(2))(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, unless no other method is practicable, necessitate the removal of such pail or container through any kitchen, bedroom or sleeping quarter: Provided that in no case shall any sanitary pail or container be placed in a street.(78 of 1999 s. 7) 9. Application for conservancy service (1) Every application for the provision of a conservancy service shall be made in writing addressed to the Director and shall state— (10 of 1986 s. 32(2))(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 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 from which he wishes the service to cease. (3) The owner or occupier of premises for which a conservancy service will no longer be required shall give to the Director not less than 3 days’ notice thereof in writing and shall, in such notice, state why the service will no longer be required. (10 of 1986 s. 32(2); E.R. 4 of 2020)(4) Where application is made by the occupier of any premises for the provision of a conservancy service and where notice is given to the Director that the provision of a conservancy service for any premises will no longer be required, the Director 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, cause notice in writing of the receipt of the application or notice and of the determination thereon to be sent to the owner or his agent in Hong Kong addressed to the last address in Hong Kong of either of them which is known to the Director. (10 of 1986 s. 32(2))(78 of 1999 s. 7) Part V Offences and Penalties 10. Offences and penalties (1) Any person who contravenes any of the provisions of section 4 or 5 shall be guilty of an offence and shall be liable on 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. 316 of 1987; L.N. 177 of 1996) (2) In any prosecution for the contravention of section 5(2) it shall be a defence if the owner or occupier of the premises satisfies the court that he had lawful excuse for failing to provide an adequate supply of water for flushing purposes. (3) Any person who contravenes any of the provisions of section 6, 7 or 8 shall be guilty of an offence and shall be liable on 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. 316 of 1987; L.N. 177 of 1996) (10 of 1986 s. 32(2); 78 of 1999 s. 7) Schedule (Repealed 78 of 1999 s. 7)