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

30. Obligation to provide latrines
(1) Where it appears to the Authority that any premises, or any part of any premises, whether such premises were constructed before or after the commencement of the Buildings Ordinance (Cap. 123) or of this Ordinance, are without, or without sufficient, latrine accommodation or that the latrine accommodation provided therein is ineffective or of a type which is unsuitable having regard to the circumstances of the case, the Authority may cause a notice to be served upon the owner of such premises or, where the owner is absent from Hong Kong or cannot be readily found or ascertained by the Authority or is under disability, upon the occupier thereof, requiring him, within such time as shall be specified in the notice, to provide such number of latrines, or latrines of such type, or to do such other thing to provide effective and sufficient latrine accommodation, as may be specified in the notice: (Amended 10 of 1986 s. 24)
Provided that, where any such requirement involves the carrying out of building works within the meaning of the Buildings Ordinance (Cap. 123), no such notice shall be issued except with the consent in writing of the Building Authority.
(2) If the person upon whom a notice is served under the provisions of subsection (1) fails to comply with any of the requirements thereof—
(a) such person shall be guilty of an offence; and
(b) the Authority may execute, or cause to be executed, such work as may be necessary to satisfy the requirements of such notice, and may recover any expenses thereby incurred from such person.
(3) If any person considers himself aggrieved by any notice served upon him under the provisions of subsection (1) or by any act done by or on behalf of the Authority under this section, he may, within 30 days after the service of such notice or the doing of such act, as the case may be, appeal to the Municipal Services Appeals Board, and no offence shall be deemed to have been committed under subsection (2) until after such appeal be abandoned or dismissed. (Amended 58 of 1990 s. 22; 78 of 1999 s. 7)
(4) The provisions of this section shall not apply to any school registered under the Education Ordinance (Cap. 279), or to any notifiable workplace under the Factories and Industrial Undertakings Ordinance (Cap. 59). (Amended 50 of 1985 s. 9)

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

31. Prevention of nuisances from latrines and sanitary conveniences
Any person who causes, or suffers or permits any person to cause, any septic tank, cesspool, trap, siphon or any sanitary convenience to be a nuisance or injurious or dangerous to health by wilfully destroying or damaging, or by otherwise interfering with, or by improperly using, the same or any water supply, apparatus, pipe or work connected therewith, shall be guilty of an offence.

32. Removal or alteration of sanitary conveniences
(1) If any septic tank, cesspool, trap, siphon or any sanitary convenience is, or has been, so constructed, or is so situated, as to be, or to be likely to be, a nuisance or offensive to public decency, the Authority may, whether the same was constructed before or after the commencement of the Buildings Ordinance (Cap. 123), or of this Ordinance, cause a notice to be served upon the owner of the premises in question, or where the owner is absent from Hong Kong or cannot be readily found or ascertained by the Authority or is under disability, upon the occupier of the premises in question, requiring him, within such time as may be specified in the notice, to remove, reconstruct, screen or otherwise alter such septic tank, cesspool, trap, siphon or sanitary convenience, as the case may be, in such manner as to abate the nuisance or to remove the offence against public decency or the likelihood thereof. (Amended 61 of 1974 s. 4; 10 of 1986 s. 24)
(2) If the person upon whom a notice is served under the provisions of subsection (1) fails to comply with any of the requirements thereof—
(a) such person shall be guilty of an offence; and
(b) the Authority may execute, or cause to be executed, such work as may be necessary to satisfy the requirements of such notice, and may recover any expenses thereby incurred from such person.
(3) If any person considers himself aggrieved by any notice served upon him under the provisions of subsection (1) or by any act done by or on behalf of the Authority under this section, he may, within 30 days after the service upon him of the notice or the doing of the act, as the case may be, appeal to the court, and the court may make such order as may appear to it to be just having regard to all the circumstances.

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

34. Sanitary conveniences used in common
The following provisions shall have effect in relation to any sanitary convenience used in common by the occupiers of 2 or more premises or by other persons—
(a) any person who injures or improperly fouls any such sanitary convenience or anything used in connection therewith shall be guilty of an offence;
(b) where any such sanitary convenience, or the approaches thereto, or the walls, floors, seats or fittings thereof, is or are, in the opinion of the Authority, in such a state as to be a nuisance for want of proper cleansing, such persons having the use of such sanitary convenience in common as may be in default, or, in the absence of proof satisfactory to the court as to which of such persons is in default, each of such persons, shall be guilty of an offence.

35. Regulations as to public latrines and bathhouses
The Authority may make regulations prescribing or providing for—
(a) the maintenance, management and control (including prohibition) of latrines or bathhouses, used or intended for use by the public whether upon payment or otherwise;
(b) registration or licensing of such latrines or bathhouses,
and any such regulations may provide that they shall apply only in relation to such latrines or bathhouses as are specified from time to time by order published in the Gazette.
(Amended 48 of 1969 s. 4; 49 of 1994 s. 4; 78 of 1999 s. 7)

36. Provision and maintenance of public latrines and bathhouses
(1) The Authority, or any person duly authorized by licence of the Authority, may provide and maintain any latrine or bathhouse for the use of the public in any situation where the Authority shall consider such latrine or bathhouse to be required having regard to the general benefit of the public, and may equip any such latrine or bathhouse with all requisite furnishings, fittings and mechanical or other appliances for the use, convenience or assistance of persons resorting thereto:
Provided that nothing in this section shall authorize the Authority, or any person acting under a licence issued by the Authority, to carry on the business of a launderer, dyer or dry cleaner in any such bathhouse, or to permit any person to use any such furnishings, fittings or mechanical or other appliances as aforesaid for the purpose of a laundry, dyeing or dry cleaning business.
(2) If any person other than the Authority opens or maintains any latrine or bathhouse for the use of the public otherwise than under and in accordance with a licence granted under subsection (1), he shall be guilty of an offence.
(Amended 78 of 1999 s. 7)