### Public Health and Municipal Services Ordinance 《公眾衞生及市政條例》

92D. Liability of agents and servants
Whenever any person to whom any licence or permit or authority has been issued or granted under this Part would be liable to any punishment, penalty or forfeiture for any act, omission, neglect or default, he shall be liable to the same punishment, penalty or forfeiture for every similar act, omission, neglect or default of any agent or servant employed by him in the course of his business, and every such agent or servant shall also be liable to every punishment, penalty or forfeiture prescribed for such acts, omissions, neglects or defaults as fully and effectually as if he had been the person to whom the licence or permit or authority had been issued or granted.

92E. Saving
The provisions of this Part shall be in addition to and not in derogation of the provisions of any other enactment relating to or affecting any place, trade, business or occupation with respect to which this Part applies.

### Public Health and Municipal Services Ordinance 《公眾衞生及市政條例》

93. Power of Authority to require provision of ventilating system in scheduled premises
(1) Save as provided in subsection (2) and section 101, where, in the opinion of the Authority, any scheduled premises do not have adequate natural ventilation, the Authority may, by notice in writing served on the owner or on the licensee of the scheduled premises, require such premises to be provided with a ventilating system which will provide for each person who may be accommodated in such premises an amount of outside air not less than that specified in the second column of the Second Schedule in respect of the class of premises to which such premises belong. (Amended 32 of 1963 s. 7)
(2) Where, in the opinion of the Authority, a ventilating system which will provide an amount of air less than that prescribed in subsection (1) will, in conjunction with such natural ventilation as is available in any scheduled premises, adequately ventilate such premises, the Authority may, by notice in writing served on the owner or on the licensee of the scheduled premises, require such premises to be provided with a ventilating system which will provide for each person who may be accommodated in such premises such amount of outside air as may be specified in such notice. (Amended 32 of 1963 s. 7)
(3) Notwithstanding the provisions of any enactment under which such premises are licensed, the licensing authority may revoke the licence issued or granted by it in respect of any scheduled premises, either temporarily or permanently, in the following cases—
(a) in the event of any failure to comply with the requirements of a notice given in respect of such premises under the provisions of subsection (1) or (2) within 6 months from the date thereof or within such further period as the Authority may allow;
(b) in the event of any failure to comply with any conditions imposed under the provisions of section 101. (Added 61 of 1974 s. 5)
(4) Any licensee or owner of any scheduled premises who fails to comply with the requirements of a notice under subsection (1) or (2) within 6 months from the date thereof, or within such further period as the Authority may allow, shall be guilty of an offence. (Added 61 of 1974 s. 5)
(5) For the purposes of this Part, the expression licensing authority (發牌當局) means the public officer by whom any scheduled premises are, for the time being, licensed under the provisions of any enactment. (Added 61 of 1974 s. 5. Amended 78 of 1999 s. 7)

### Public Health and Municipal Services Ordinance 《公眾衞生及市政條例》

94. Certificate to be delivered to Authority in respect of new ventilating systems, and prohibition of alteration of ventilating system without permission
(1) Before any new ventilating system is installed in any scheduled premises, the licensee of the premises shall send to the Authority a certificate from the supplier of the ventilating system containing the following particulars in respect thereof—
(a) the capacity of the fan in cubic metres per minute;
(b) the outlet velocity of the fan in metres per minute;
(c) the designed operating static pressure of the fan in pascals;
(d) the speed of the fan pulley in revolutions per minute;
(e) the net area of the air intake;
(f) except where the premises are air-conditioned with positive pressure, the net area of exhaust in square metres; and (Added 48 of 1969 s. 6)
(g) the type of refrigerant (if any) to be used. (Added 61 of 1974 s. 6)
(Amended L.N. 89 of 1979)(2) Save with the permission in writing of the Authority, no alteration shall be made to any ventilating system in any scheduled premises.
(3) Any supplier who furnishes to the licensee of any such premises, for the purposes of this section, a certificate which is false or misleading shall be guilty of an offence. (Replaced 32 of 1963 s. 8)
(3A) Any licensee of any scheduled premises who contravenes the provisions of subsection (1) shall be guilty of an offence. (Added 61 of 1974 s. 6)
(3B) Any licensee or owner of any scheduled premises who contravenes the provisions of subsection (2) shall be guilty of an offence. (Added 61 of 1974 s. 6)
(3C) For the purposes of subsection (3B), owner (擁有人) includes any person in control of the scheduled premises whether as tenant thereof or under any licence from a tenant thereof. (Added 61 of 1974 s. 6)
(4) In this section, supplier (供應商) means the importer or manufacturer of the ventilation system and his authorized agent. (Added 32 of 1963 s. 8)

### Public Health and Municipal Services Ordinance 《公眾衞生及市政條例》

94A. Regulations relating to ventilating systems in scheduled premises
(1) The Authority may make regulations for all or any of the following matters—
(a) the regulation and control of ventilating systems in scheduled premises;
(b) imposing requirements as to the design, construction, operation, maintenance and inspection of ventilating systems provided in scheduled premises.
(2) Notwithstanding the provisions of any enactment under which such premises are licensed, regulations made under this section may make provision for the revocation of any licence, issued or granted by a licensing authority in respect of scheduled premises, in the event of—
(a) a contravention of any such regulation or of any condition imposed thereunder;
(b) a failure to maintain any standard of safety or efficiency imposed or required thereunder.
(Added 61 of 1974 s. 7)

100. Power of authorized officers to carry out tests
For the purposes of the provisions of this Part, any public officer authorized in writing in that behalf by the Authority and any officer of the Fire Services Department authorized in writing by the Director of Fire Services may carry out such tests of the ventilating system in any scheduled premises as may be necessary to ascertain whether or not the same is in safe and efficient working order.
(Amended 42 of 1961 s. 2)

101. Application of Part VIII to premises provided with ventilating systems at commencement of Ordinance, etc.
(1) Where, at the commencement of this Ordinance, any scheduled premises are provided with a ventilating system, the provisions of section 93 and any regulations made under section 94A shall not apply to such premises unless and until—
(a) the number of persons who may be accommodated in such premises is increased;
(b) the ventilating system is removed or is altered in any way; or
(c) the Authority is of opinion that the ventilating system constitutes a danger to health or the Director of Fire Services considers it to be a fire hazard. (Amended 61 of 1974 s. 9)
(2) Upon the application of section 93 and any regulations made under section 94A to any such premises, the Authority may, subject to such conditions as it may specify, grant such exemption from or such modifications of the provisions of this Part as it thinks fit. (Amended 61 of 1974 s. 9)
(3) Any licensee or owner of any scheduled premises who fails to comply with any condition specified under subsection (2) shall be guilty of an offence. (Added 61 of 1974 s. 9)