Cap. 132 sub. leg. E

Bathing Beaches Regulation(Cap. 132, section 109) [11 November 1960] G.N.A. 132 of 1960(Format changes—E.R. 4 of 2019) Editorial Note: The title of this Regulation was amended from “Bathing Beach (Urban Council) By-laws” to “Bathing Beaches Regulation” — see 78 of 1999 s. 7. 1. (Repealed 78 of 1999 s. 7) 2. Application This Regulation applies to any bathing beach specified in the Fourth Schedule to the Ordinance.(78 of 1999 s. 7) 3. Interpretation In this Regulation, unless the context otherwise requires—Director (署長) means the Director of Leisure and Cultural Services.(78 of 1999 s. 7) 4. Temporary closure of beaches (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. 5. Protection of beaches 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) 6. Erection of beach structures 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) 7. Provision of public facilities at beaches (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) 8. Bill posting and notices 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) 9. Animals and vehicles (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) 10. Reservation of areas for swimmers (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) 11. Protection of areas set aside for swimmers (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) 12. Music and singing 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) 13. (Repealed 78 of 1999 s. 7) 14. Begging for alms 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. 15. General conduct 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. 16. Offences and penalties 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) 17. 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 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)