(1)
In this Ordinance, unless the context otherwise requires—
“
advertisement
” (
宣傳
、
宣傳品
) includes any structure or apparatus erected, used, or intended to be used, solely for the display of advertisements;
“
analysis
” (
分析
) includes micro-biological assay but no other form of biological assay, and “
analyse
” (分析) shall be construed accordingly;
“
animal
” (
動物
) includes reptiles, but does not include birds or fish;
“
aquatic product
” (
水產
) means fish, shellfish, amphibian or any other form of aquatic life other than a bird, mammal or reptile;
“
Authority
” (
主管當局
) means the public officer designated to be the Authority by the provisions of
section 3;
“
bath
” (
浴
、
沐浴
) includes shower bath and turkish bath;
“
billiard establishment
” (
桌球場所
) means any place opened, kept or used for the purpose of playing billiards, snooker, pool or similar games;
“
book
” (
書籍
) includes a document, periodical, magazine, newspaper, pamphlet, music-score, picture, print, engraving, etching, deed, photograph, map, chart, plan or manuscript, and any other article or thing of a like nature provided for the use of the public in any library;
“
canopy
” (
簷篷
) means any shade, shelter or other structure not carrying a floor load
which—(a)
projects from a wall of a building and is cantilevered or supported by brackets, posts or other means; or
(b)
is erected on any building or in or over any open space adjacent to or on a building and is supported by posts or other means;
“
cemetery
” (
墳場
) means any place for the time being specified in the
Fifth Schedule;
“
civic centre
” (
文娛中心
) means any premises and the grounds appurtenant thereto set aside under
section 105M as a civic centre;
“
The Commonwealth War Graves Commission
” (
英聯邦國殤紀念墳場
) means The Commonwealth War Graves Commission established by the charter dated 21 May 1917 (read and construed with the supplemental charter dated 8 June 1964) as amended from time to time;
“
corporation
” (
法團
) means any person or body of persons incorporated by virtue of any Ordinance of Hong Kong and also means any company registered under the Companies Ordinance (
Cap. 622) or under a former Companies Ordinance as defined by
section 2(1) of the Companies Ordinance (
Cap. 622);
“
court
” (
法庭
) means a magistrate’s court;
“
cream
” (
忌廉
) means that part of milk rich in fat which has been separated by skimming or otherwise;
“
crematorium
” (
火葬場
) means any building or place designed or adapted for the purpose of burning human remains;
“
dancing establishment
” (
跳舞場所
) means any public dance-hall or dancing school which is required to be licensed under the provisions of the Miscellaneous Licences Ordinance (
Cap. 114) or the Places of Public Entertainment Ordinance (
Cap. 172);
“
deposit
” (
棄置
), in relation to litter or waste, includes to cast, throw, spray, sweep, place, drop, discharge, spill, dump, tip, scatter or blow such litter or waste;
“
drain
” (
排水渠
) means a drain used for the drainage of one building or any buildings or yards appurtenant to buildings within the same curtilage, and the expression “
public drain
” (
公共排水渠
) means a drain which is vested in and maintained by the Government and, for the purposes of this Ordinance, includes any part of a drain from the outlet of any disconnecting trap to its junction with a public drain or sewer, and the expression “
private drain
” (
私家排水渠
) means any drain other than a public drain;
“
drink
” (
飲品
) does not include water other
than—(c)
water from natural springs, either in its natural state or with added mineral substances; and
(d)
water that is placed in a sealed container and is intended for human consumption;
“
drug
” (
藥物
) includes any medicine, Chinese herbal medicine or proprietary Chinese medicine for internal or external use by man;
“
establishment
” (
場所
) includes premises;
“
excretal matter
” (
排泄物
) means excretal matter of human beings;
“
exhibit
” (
展品
) means an article intended for display within a museum whether or not the article is displayed to the public at any particular time;
“
fire hazard
” (
火警危險
)
means—(c)
any removal from any building of any fire service installation or equipment which was provided in such building in accordance with plans certified by the Director of Fire Services for the purposes of
section 16 of the Buildings Ordinance (
Cap. 123);
(d)
the presence in any building of any fire service installation or equipment which from lack of proper maintenance or for any other reason is not in efficient working order;
(f)
any other matter or circumstance which materially increases the likelihood of fire or other calamity or the danger to life or property that would result from the outbreak of fire or the occurrence of any other calamity, or which would materially hamper the Fire Services Department in the discharge of its duties in the event of fire or other calamity;
“
fire service installation or equipment
” (
消防裝設或設備
) means any installation or equipment manufactured, used or designed to be used for the purposes
of—(a)
extinguishing, attacking, preventing or limiting a fire;
(b)
giving warning of a fire;
(c)
providing access to any premises for the purpose of extinguishing, attacking, preventing or limiting a fire;
(d)
facilitating the evacuation from any premises or place in case of fire;
(e)
providing a stand-by power supply to an installation or equipment the purposes of which are mentioned in paragraphs (a) to (d) in the event of the loss of normal power supply;
“
fish
” (
魚
) means all fish commonly used for human consumption and also means any other fish which is sold or offered for sale for human consumption;
(c)
chewing gum and other products of a similar nature and use;
(d)
smokeless tobacco products; and
(e)
articles and substances used as ingredients in the preparation of food,
but does not include—
(f)
live animals or live birds, other than live aquatic products;
(g)
fodder or feeding stuffs for animals, birds or aquatic products; or
(h)
medicine as defined by
section 2(1) of the Pharmacy and Poisons Ordinance (
Cap. 138) or Chinese herbal medicine or proprietary Chinese medicine as defined by
section 2(1) of the Chinese Medicine Ordinance (
Cap. 549);
“
goods vehicle
” (
貨車
) has the same meaning as it has in the Road Traffic Ordinance (
Cap. 374);
“
grave
” (
墳墓
) means a burial place formed in the ground by excavation and without any internal walls of brickwork or stonework or any other artificial lining;
(a)
any person who trades in any public place—
(i)
by selling or exposing for sale any goods, wares or merchandise; or
(ii)
by exposing samples or patterns of goods, wares or merchandise to be afterwards delivered; or
(iii)
by hiring or offering for hire his skill in handicraft or his personal services; and
(b)
any person who itinerates for the purpose—
(i)
of selling or exposing for sale any goods, wares or merchandise; or
(ii)
of hiring or offering for hire his skill in handicraft or his personal services:
Provided that nothing in this definition shall be taken to include—
(i)
any person who sells to or seeks orders from any person who is a dealer in any such goods, wares or merchandise and who buys to sell again; or
(ii)
any person who on request visits in any place the person making such request for the purpose of selling or offering for sale or delivering to him or taking from him orders for any goods, wares or merchandise or of hiring to the person making such request his skill in handicraft or his personal services; or
(iii)
any representative of the press or any photographer;
“
health inspector
” (
衞生督察
) means any person appointed by the Chief Executive to be a health inspector and any person for the time being performing the duties of a health inspector;
“
health officer
” (
衞生主任
)
means—(a)
the Director of Health, a Deputy Director of Health or an Assistant Director of Health; or
(b)
the Director of Food and Environmental Hygiene, a Deputy Director of Food and Environmental Hygiene or an Assistant Director of Food and Environmental Hygiene,
and includes a person authorized by the Director of Health or the Director of Food and Environmental Hygiene to perform the functions of a health officer;
“
household waste
” (
住戶廢物
) means waste produced by a household and of a kind ordinarily produced by a dwelling when occupied as such;
“
latrine
” (
廁所
) includes a water closet, urinal and dry latrine, and all other sanitary equipment or installations designed, intended or used for the reception of excretal matter;
“
librarian
” (
圖書館長
) means the Chief Librarian;
“
library
” (
圖書館
) means any building, or part of a building, designated under
section 105K as a library;
“
library material
” (
圖書館藏件
) means any book, film, gramophone record, tape, and any other thing on or in which any information or image is written, recorded, stored or reproduced;
“
licensee
” (
持牌人
) includes a delegate appointed pursuant to a requirement under the provisions of
section 125(7);
(a)
any earth, dirt, soil, dust, ashes, paper or refuse;
(b)
any glass, china, earthenware or tin;
(c)
any mud, clay, brick, stone, plaster, sand, cement, concrete, mortar, wood, timber, sawdust, plastic, construction material or excavated material;
(d)
any rubble, rubbish or debris;
(e)
any filth, manure, dung, excretal matter and any other offensive, noxious or obnoxious matter or liquid; and
(f)
any substance likely to constitute a nuisance;
“
market
” (
街市
) means any market to which, by virtue of a declaration by the Authority under
section 79(1), this Ordinance applies;
“
milk
” (
奶類
) means cows milk, buffaloes milk and goats milk, and includes cream and separated milk, but does not include dried milk, condensed milk or reconstituted milk;
“
mobile library
” (
流動圖書館
) means any vehicle within the meaning of
section 2 of the Road Traffic Ordinance (
Cap. 374) and any vessel maintained by the Authority and used for the conveyance of library material for the use of the public;
“
mortuary
” (
殮房
) means any premises or place set apart or habitually used for the reception, storage or treatment of human remains;
“
motor vehicle
” (
汽車
) means any mechanically propelled vehicle;
“
Municipal Services Appeals Board
” (
市政服務上訴委員會
) means the Municipal Services Appeals Board established under
section 3 of the Municipal Services Appeals Board Ordinance (
Cap. 220);
“
museum
” (
博物館
) means a building, or part of a building, or area designated under
section 105G as a museum;
“
offensive trade
” (
厭惡性行業
) means any trade, business, process or manufacture declared under the provisions of
section 48 to be an offensive trade;
“
owner
” (
擁有人
) includes a person holding premises direct from the Government whether under lease, licence or otherwise, a mortgagee in possession and a person receiving the rent of any premises, solely or with another, on his own behalf or that of any person, or who would receive the same if such premises were let to a tenant;
“
package
” or “
packing
” (
包裝
) includes every means by which goods for carriage, sale or deposit are cased, covered, enclosed, contained or wrapped;
“
petroleum
” (
石油
) means crude petroleum or any oil made from petroleum or from coal, shale, peat or other bituminous substances;
“
poultry
” (
家禽
) means any bird commonly used for human consumption and also any other bird which is sold or offered for sale for human consumption;
“
premises
” (
處所
) includes land, buildings, structures and basements and, in relation to any building, includes the curtilage thereof, and, in relation to the internal parts of a building, includes any bedspace, cubicle, room, floor, or portion of a floor, the subject of a separate letting;
“
prescribed fee
” (
訂明費用
), in relation to any purpose in or under this Ordinance, means the fee prescribed for that purpose under
section 124I,
124J or
124L as may be appropriate;
“
private market
” (
私營街市
) means any market other than a public market;
“
public analyst
” (
政府分析員
) means the Government Chemist, the Government Pathologist and any analyst appointed by the Chief Executive for the purposes of this Ordinance;
“
public bowling-alley
” (
公眾保齡球場
) means any place opened, kept or used for the purpose of playing the game of skittles to which the public are admitted with or without payment for admission;
“
public market
” (
公眾街市
) means a market designated as a public market under
section 79(3);
“
public pleasure ground
” (
公眾遊樂場地
) means any place for the time being specified in the
Fourth Schedule and delineated on any plan thereof which may, for the time being, have been deposited in accordance with the provisions of
section 106(5), and, in the case of a beach, includes the sea and the sea-bed within the limits of the beach;
“
public skating rink
” (
公眾溜冰場
) means any place opened, kept or used for the purpose of skating to which the public are admitted with or without payment for admission unless such place is a place of public entertainment licensed as such under the Places of Public Entertainment Ordinance (
Cap. 172);
“
public swimming pool
” (
公眾泳池
) means a swimming pool designated as a public swimming pool under
section 42A;
“
registered specialist contractor (ventilation works category)
” (
註冊專門承建商(通風系統工程類別)
) means a person whose name is for the time being on the sub-register for the ventilation works category in the register of specialist contractors maintained under
section 8A of the Buildings Ordinance (
Cap. 123);
“
reptiles
” (
爬蟲
) means all reptiles commonly used for human consumption and any other reptiles sold or offered for sale for human consumption;
“
sale
” or “
sell
” (
售
、
售賣
、
出售
) includes disposal by barter or raffling;
“
sanitary convenience
” (
衞生設施
) includes latrine, sink, bath, washbasin, slop closet and any similar convenience;
“
scheduled offence
” (
) means an offence under any of the enactments specified in the
First Schedule;
“
scheduled premises
” (
) means any premises of any of the classes of premises specified in the first column of the
Second Schedule;
“
sealed
” (
加封
) includes closed by means of a stopper or screw top;
“
Secretary for Home Affairs
” (
民政事務局局長
) includes the Director of Home Affairs and any district officer;
“
sewer
” (
下水道
) does not include a drain as defined in this section but otherwise includes all sewers and drains used for the drainage of buildings and yards appurtenant to buildings, and the expression “
public sewer
” (
公共下水道
) means a sewer which is vested in and maintained by the Government and includes, for the purposes of this Ordinance, any part of a sewer from the outlet of any disconnecting trap to its junction with a public sewer or drain which part lies outside the lot boundary, and the expression “
private sewer
” (
私家下水道
) means any other sewer;
“
slaughterhouse
” (
屠房
) and “
abattoir
” (
屠場
) mean any premises or place habitually used for the slaughter of animals for human consumption; and the expression “
public slaughterhouse
” (
公營屠房
) means a slaughterhouse designated as a public slaughterhouse under
section 76A(1); and the expression “
private slaughterhouse
” (
私營屠房
) means any other slaughterhouse;
“
smokeless tobacco product
” (
無煙煙草產品
) means any product which consists of tobacco, or primarily of tobacco, intended to be taken orally, and includes chewing tobacco (whether looseleaf, firm plug, moist plug, twist or roll chewing tobacco) and moist snuff, but does not include dry snuff taken by inhalation;
“
stadium
” (
體育場
) means any stadium for the time being specified in the
Twelfth Schedule and delineated on any plan thereof deposited in accordance with
section 105A(4);
“
street waste
” (
街道廢物
) means dust, dirt, rubbish, mud, road scrapings or filth, but does not include excretal matter;
“
trade waste
” (
行業廢物
) means waste from any trade, manufacture or business, or any waste building or civil engineering materials;
“
vault
” (
墓穴
) includes underground burial places of every description, except graves;
“
ventilating system
” (
通風系統
) means a system which is either mechanical or electrical, or both, for introducing or exhausting air, and also means an air-conditioning plant which contains a device for reducing or increasing the temperature of the air in any building, or any part thereof, below or above the temperature of the external air;
“
vermin
” (
蟲鼠
) includes rodents, and also includes cockroaches, mites, ticks, bugs, fleas, lice and itch mites, and the eggs, larvae, nymphs or pupae thereof;
“
vessel
” (
船隻
) means any ship, junk, sampan, boat or other description of craft within the waters of Hong Kong, but does not include registered ocean going ships nor any ships or vessels belonging to any government other than the Government of the Hong Kong Special Administrative Region;
“
waste
” (
廢物
) means any substance or article which is abandoned;
“
workplace
” (
工場
) means any premises, vessel or place in which articles are manufactured, altered, cleansed, repaired, ornamented, finished, adapted for sale, broken up or demolished or in which materials are transformed (including shipbuilding), but does not include any notifiable workplace under
section 9 of the Factories and Industrial Undertakings Ordinance (
Cap. 59).