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Chapter:

132BK PDFTitle:PUBLIC CLEANSING AND PREVENTION OF NUISANCES REGULATIONGazette Number:L.N. 320 of 1999; 59 of 2000
Section:9AHeading:Littering from specified vehiclesVersion Date:01/01/2000
Remarks:

Adaptation amendments retroactively made - see 59 of 2000 s. 3

(1) No person shall deposit or cause or permit to be deposited from any specified vehicle, whether stationary or not, any litter or waste on or in- (L.N. 100 of 1983)

        (a) any street or public place;
        (b) the common parts of any building;
        (c) any watercourse, stream, channel, ditch or reservoir;
        (d) any Government property except with the consent of a public officer; or
        (e) any land except with the consent of the owner of the land.
(2) Subject to subsection (4), if any litter or waste is deposited from any specified vehicle in contravention of subsection (1), the registered owner or hirer of the specified vehicle at the time when the contravention was committed shall be guilty of an offence unless he proves that at the time of the contravention the specified vehicle had been taken and driven away without his consent by a person other than a driver employed by him or was stolen. (L.N. 100 of 1983)
(3) Save as provided in subsection (2), it shall be no defence for the registered owner or hirer to prove that-
        (a) at the time of the contravention the specified vehicle was driven by or was in the charge of a person other than the registered owner or hirer; or (L.N. 100 of 1983)
        (b) the contravention was committed without his knowledge or consent; or
        (c) the person who committed the offence under subsection (1) has not been prosecuted,
but he shall not be convicted if he proves that the commission of the offence was due to an accident or some other cause beyond his control and that he took all reasonable precautions and exercised all due diligence to prevent the commission of the offence.
(4) If a contravention of subsection (1) is committed by means of a specified vehicle owned by the State, the driver of the specified vehicle at the time of the contravention shall be guilty of an offence. (L.N. 100 of 1983; 59 of 2000 s.3)
(5) No offence under subsection (1)(c) is committed by a person who makes a discharge or deposit under and in accordance with a licence under the Water Pollution Control Ordinance (Cap 358). (67 of 1990 s. 23)
(L.N. 401 of 1981; 78 of 1999 s. 7)