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

134. Service of notices
Unless otherwise expressly provided, any order, notice, demand, certificate or other document required to be served under the provisions of this Ordinance may be served either—
(a) by delivering it to the person on whom it is to be served; 
(b) by sending it by registered post addressed to the last known place of business or residence of the person to be served; 
(c)  by leaving it with an adult occupier of the premises or place to which the notice relates or by posting it upon a conspicuous part of such premises or place: 

Provided that, in addition to or in substitution for any such method of service, publication in the Gazette of any such order, notice, demand, certificate or other document, together with such particulars of the person to whom it is addressed as may be available, shall be deemed to be good service.

135. Authentication and production in evidence of documents
(1) Save where otherwise expressly provided, any order, notice, demand, certificate or other document made by any public officer under the provisions of this Ordinance shall be signed by such public officer or by a public officer authorized in writing in that behalf by such public officer. (Amended 10 of 1986 s. 20)
(2) Any document purporting to be an order, notice, demand, certificate or other document made under the provisions of this Ordinance by a public officer and signed in the manner provided in subsection (1) shall be received in evidence, and shall, unless the contrary is shown, be deemed to be such an order, notice, demand, certificate or other document without further proof.
(3) Notwithstanding the amendments made to this section by the Provision of Municipal Services (Reorganization) Ordinance (Cap. 552), on and after the commencement of those amendments, subsection (2) applies to any order, notice, demand, certificate or other document made and signed before that commencement and to which that subsection would have applied if not for such commencement, as if those amendments had not been made. (Added 78 of 1999 s. 7)
(Amended 78 of 1999 s. 7)

136. Presumption as to employment of servants
Any person who appears to be employed in or about any premises, or any part of any premises, in respect of which any licence or permit is granted under this Ordinance shall be deemed, until the contrary is shown, to be a servant of the person to whom such licence or permit was granted.

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

137. Offences by corporations
Where an offence under this Ordinance, or any regulations or order made under this Ordinance, which has been committed by a corporation is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the corporation, or of any person who was purporting to act in any such capacity, he, as well as the corporation, shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

137A. Application of Summary Offences Ordinance and Public Order Ordinance 
Any part of a stadium, museum, library or civic centre to which from time to time the public has access, whether on payment or otherwise, shall, during such time, be deemed to be a public place for the purposes of the Summary Offences Ordinance (Cap. 228) and the Public Order Ordinance (Cap. 245). 
(Added 21 of 1973 s. 11)

138. Protection for public servants acting in good faith
A public officer shall not be personally liable in respect of any act done by him in the execution or purported execution of this Ordinance and within the scope of his employment, if he did that act in the honest belief that his duty under this Ordinance required or entitled him to do it:
Provided that nothing in this section shall be construed as relieving the Government from liability in respect of the acts of its servants.(Amended 59 of 2000 s. 3)

139. Obstruction of officers in the exercise of their duty
Any person who wilfully obstructs, resists, or uses abusive language to, any person acting in the execution of his duties under this Ordinance, or under any order or warrant made or issued thereunder, shall, in any case for which no other provision is made by this Ordinance, be guilty of an offence.

140. Onus of proving vaccination or inoculation
Where, under the provisions of this Ordinance, any person is required to be vaccinated, inoculated or otherwise immunized against disease, the onus of proving that such vaccination, inoculation or immunization has been performed shall rest upon the person required to be so vaccinated, inoculated or immunized, as the case may be.

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

141. Proceedings against several persons
(1) Where proceedings under this Ordinance are competent against several persons in respect of the joint act or default of such persons, it shall be sufficient to proceed against one or more of them without proceeding against the others.
(2) Where an offence consists of a failure to comply with any of the requirements of a notice served by any public officer who is an Authority for the purposes of any of the provisions of this Ordinance and a similar notice was served upon several persons in respect of such matter— (Amended 78 of 1999 s. 7)
(a) it shall be sufficient to proceed against one or more of such persons without proceeding against the others; and
(b) where more than one such person is proceeded against, the court may treat such persons for all purposes as though they were joint offenders.

142. Delegation of powers
Any public officer may delegate any power, function, authority or discretion conferred upon him by the provisions of this Ordinance, other than a power to make regulations, to any public officer or class of public officers.
(Amended 78 of 1999 s. 7)

143. General powers relating to regulations
Regulations made under this Ordinance may provide—
(a) that contravention of any of the provisions of such regulations shall constitute an offence and may prescribe penalties therefor not exceeding a fine at level 6 and imprisonment for 6 months, and, in the case of a continuing offence, a daily penalty of $1,500, and, in the case of an offence in respect of any premises, trade or business, for the closing of such premises or the discontinuance of such trade or business; (Amended 57 of 1978 s. 5; 37 of 1987 s. 3; L.N. 177 of 1996) 
(b) for the name in which proceedings for an offence against any of such regulations may be brought; and 
(c) for appeal by way of petition to the Chief Executive or to the Chief Executive in Council. (Amended 59 of 2000 s. 3)