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

6. Protection of public sewers and drains
(1) Any person who—
(a) places or throws any solid matter, mud or waste (except such as is contained in ordinary house sewage) in or into any public sewer or drain or any sewer, drain, inlet or other drainage work communicating with any public sewer or drain, or over any grate communicating with any public sewer and drain;
(b) causes or knowingly permits any such matter, mud or waste to be placed or thrown, or to fall, or to be carried, in or into any public sewer or drain or over any such grate;
(c) causes or knowingly permits any such matter, mud or waste to be placed in such a position as to be liable to fall or be carried as aforesaid;
(d) discharges into any public sewer or drain or into any sewer or drain which, not being a public sewer or drain, communicates therewith, any chemicals, oils, petroleum or petroleum-spirit or any trade waste (not included as aforesaid) or any waste steam, or any heated liquid, which, either alone or in combination with other matter in any sewer or drain, causes or may cause nuisance or danger to persons entering or being in, or near to, any public sewer or drain or danger to any public sewer or drain itself; or
(e) wilfully, except with the permission in writing of the Authority, or negligently damages, alters, disconnects or otherwise interferes with any public sewer or drain or any connection therewith,
shall be guilty of an offence. (Amended 8 of 1980 s. 37)
(2) The Authority may prosecute for an offence under the provisions of subsection (1), and shall not be obliged to prosecute if, in its opinion, the solid or other matter may be received into the public sewer or drain in question without risk of damage to structure or danger to the health of persons employed at or being near to such sewer or drain: (Amended 78 of 1999 s. 7)
Provided that nothing in this subsection shall be deemed to derogate from the powers of the Secretary for Justice in relation to the prosecution of criminal offences. (Amended L.N. 362 of 1997)

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

7. Prevention of obstruction of sewers and drains by soil or waste
(1) The Authority may cause a notice to be served on the owner or occupier of land adjoining any street or place in which is situated a public sewer, drain or drainage works requiring him, within such time as may be specified in such notice, so to fence off, channel or embank the land as to prevent soil or waste being carried into such public sewer, drain or drainage works. (Amended 8 of 1980 s. 37)
(2) Any person who fails to comply with any of the requirements of a notice served under the provisions of subsection (1) within the time specified therein shall be guilty of an offence.

8. Saving in relation to certain Ordinances
Nothing in section 6 or 7 shall be taken or construed to the prejudice of any powers conferred by the Factories and Industrial Undertakings Ordinance (Cap. 59) or the Buildings Ordinance (Cap. 123).

9. Punishment of persons interfering with public sewers or drains
Any person who, without the permission of the Authority—
(a) enters or attempts to enter any public sewer; or 
(b) raises or covers up any grating, trap or manhole cover, or otherwise interferes with any fitting connected with any public sewer or drain, or inserts any wire, net or other contrivance through any opening in any such grating, trap or manhole cover or through any other opening or vent in any public sewer or drain, 
shall be guilty of an offence.

10. Notice of existence of disused drains
(1) The owner or, in default of the owner, the occupier of any premises shall, forthwith after it comes to his knowledge that there is any disused sewer or drain in, under or upon the premises, give notice in writing of the existence of such disused sewer or drain to the Authority.
(2) If the owner or occupier, as the case may be, of any premises intends to cease to use any sewer or drain in, under or upon such premises, he shall forthwith give notice in writing of such intention to the Authority.
(3) Any person who fails to comply with any of the provisions of subsection (1) or (2) shall be guilty of an offence:
Provided that in any proceedings against the owner or occupier, as the case may be, in respect of a failure to comply with the provisions of subsection (1), it shall be a defence to prove that—
(a) in the case of proceedings against the owner, such owner had reasonable cause to believe that the occupier or a previous owner or occupier had given such notice; and
(b) in the case of proceedings against the occupier, such occupier had reasonable cause to believe that the owner or a previous owner or occupier had given such notice.

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

11. Regulations for the protection of sewers and drains and prevention of nuisance therefrom
The Chief Executive in Council may make regulations prescribing or providing for— (Amended 59 of 2000 s. 3)
(a) the general or particular protection of public sewers, drains or drainage works; and
(b) the prevention of nuisances arising from public or private sewers, drains or drainage works.

12. Nuisances which may be dealt with summarily
(1) The following matters shall, subject as hereinafter provided, be nuisances which may be dealt with summarily under section 127—
(a) any premises (including any cemetery) or vessel in such a state as to be a nuisance or injurious or dangerous to health;
(b) any pool, well, ditch, gutter, watercourse, drain, sewer, water tank or container, cesspool, pond, pit, sanitary convenience, soil, waste or rainwater pipe, dust bin or refuse container or other like place or thing so foul, or in such a state, as to be a nuisance or injurious or dangerous to health;
(c) any accumulation or deposit (including any dead body) which is a nuisance or injurious or dangerous to health;
(d) any animal or bird kept in such a place, or in such a manner, as to be a nuisance or injurious or dangerous to health;
(e) the emission of dust, fumes or effluvia from any premises in such a manner as to be a nuisance;
(f) the emission of dust from any building under construction or demolition in such a manner as to be a nuisance;
(g) the emission of air either above or below the temperature of the external air, or the discharge of water, whether waste or otherwise, from the ventilating system in any premises in such a manner as to be a nuisance. (Added 61 of 1974 s. 3.)
(h) (Repealed 75 of 1988 s. 40)(2) Nothing in subsection (1)(c) shall render a person punishable in respect of any accumulation or deposit necessary for the effectual carrying on of a business or manufacture, if the court is satisfied that the accumulation or deposit has not been kept longer than is necessary for the purposes of the business or manufacture and that the best available means have been taken for preventing injury thereby to the public health.
(3) Nothing in subsection (1) shall be taken or construed to the prejudice of the provisions of the Factories and Industrial Undertakings Ordinance (Cap. 59) or the Air Pollution Control Ordinance (Cap. 311). (Amended 17 of 1983 s. 50)