Cap. 132 sub. leg. BR

Public Swimming Pools Regulation(Cap. 132, sections 42 and 149) [27 September 1957](Format changes—E.R. 4 of 2019) Editorial Note:1. This Regulation is deemed to have been made under section 42 of the Public Health and Municipal Services Ordinance (Cap. 132) — see section 149(1) of that Ordinance.2. The title of this Regulation was amended from “Public Swimming Pools (Urban Council) By-laws” to “Public Swimming Pools Regulation” — see 78 of 1999 s. 7. 1. (Repealed 78 of 1999 s. 7) 2. (Repealed 78 of 1999 s. 7) 3. Interpretation In this Regulation, unless the context otherwise requires— (78 of 1999 s. 7)attendant (管理員) means a person employed as an attendant at any swimming pool; (G.N.A. 55 of 1962) communicable disease (傳染病) includes amoebiasis, cerebrospinal meningitis, cholera, diphtheria, dysentery, enteric fever, gastroenteritis, acute inflammation of the throat, infectious hepatitis, leprosy, any form of tinea infection, tuberculosis, poliomyelitis, pediculosis, scabies, scarlet fever, smallpox, any venereal disease or any generalized skin infection, trachoma and acute conjunctivitis; (L.N. 238 of 1987) Director (署長) means the Director of Leisure and Cultural Services; (78 of 1999 s. 7)plastic foam (發泡膠) means polystyrene and any other man-made plastic material; (L.N. 47 of 1972) supervisor (主管人員) means a person appointed by the Director to manage or assist in the management of a swimming pool; (L.N. 238 of 1987; 78 of 1999 s. 7) swimming pool (泳池) includes other facilities provided in relation to the use of the swimming pool. (78 of 1999 s. 7)(78 of 1999 s. 7) 4. General offences No person, within a swimming pool or the precincts thereof, shall— (G.N.A. 55 of 1962) (a) spit, except into a spittoon or other receptacle provided by the Director for that purpose; (78 of 1999 s. 7)(b) conduct himself otherwise than in a quiet, decent and orderly manner; (c) do any act which is likely to endanger, obstruct, inconvenience or annoy any person; (d) throw or otherwise dispose of any litter, paper or rubbish, except into bins or containers provided by the Director therefor; (78 of 1999 s. 7)(e) break, deface, foul, soil or otherwise damage any wall, building, fence, seat, diving board, swing or any other equipment, apparatus or facility or any place, or foul or pollute any water; (f) remove or interfere with any life saving apparatus or equipment; (g) without reasonable cause, utter any cry or make any noise or disturbance, with the intention of causing alarm or anxiety to spectators, attendants or bathers; (h) smoke in the swimming pool or upon any sidewalk immediately adjacent thereto or upon any diving board or other apparatus or facility adjoining the swimming pool; (i) except with the permission of an attendant, enter a swimming pool or walk or stand upon any sidewalk immediately adjacent thereto unless dressed for bathing; (G.N.A. 55 of 1962; L.N. 152 of 1974) (j) except with the permission of an attendant, introduce into a swimming pool any soap, towel or clothing, or any ball, model boat or other toy, or bring into the precincts of a swimming pool any deck chair, sunshade, umbrella, musical instrument, wireless set or other like object, or any kind of food or drink, or any animal or any glass swimming goggles or any objects made of plastic foam; (G.N.A. 55 of 1962; L.N. 47 of 1972; L.N. 152 of 1974) (k) except in any dressing room, appear or go about naked or so improperly clad as to offend against public decency. (78 of 1999 s. 7) 5. Restriction on trading and begging in precincts of swimming pool No person within the precincts of a swimming pool, except with the written permission of the Director, shall sell or let to hire or offer or expose for sale or letting to hire any article or thing or any personal services or shall beg for alms or solicit gifts or contributions to charity. (G.N.A. 55 of 1962; 78 of 1999 s. 7) 6. Exclusion of adults from children’s pools Except with the permission of an attendant, no person over the age of 14 years shall enter any part of a swimming pool designed or set apart for children unless he be in company with and in charge of a child. (G.N.A. 55 of 1962; L.N. 152 of 1974) 7. Exclusion of adults from dressing rooms allocated to persons of the other sex No person over the age of 8 years or of a height exceeding 1.35 metres shall enter the dressing room or other compartment reserved for the opposite sex. (L.N. 152 of 1974; 78 of 1999 s. 7) 8. Personal hygiene No person shall enter a swimming pool without first having passed through a shower bath and foot bath.(L.N. 238 of 1987) 8A. Exclusion of persons suffering from certain diseases No person shall enter the precincts of a swimming pool while knowingly suffering from any communicable disease. (L.N. 238 of 1987) 8B. Power to exclude or remove certain persons (1) Any person to whom this section applies may be refused admission to the precincts of a swimming pool or be ordered by any attendant or supervisor forthwith to leave those precincts and, in the event of failure to comply with such order, be removed, if need be, by force. (2) This section applies to any person who in the opinion of the supervisor of the swimming pool—(a) may be suffering from a communicable disease; (b) is under the influence of drink or drugs; (c) has an open cut or wound; or (d) is otherwise in such a physical condition that his presence in the precincts of the swimming pool would not be in the interests of other bathers. (L.N. 238 of 1987; 78 of 1999 s. 7) 9. Opening and closing of swimming pool The Director may specify— (78 of 1999 s. 7)(a) the days on which swimming pools may be open or closed to the public; (b) the opening and closing times of swimming pools; and (c) the number of sessions in a day and the duration of each session, (L.N. 81 of 1976)and may direct that any swimming pool or any part thereof be closed to the public on any occasion for the purpose of carrying out repairs or other works or for the purpose of organized swimming practices or contests, aquatic sports or similar entertainments.(G.N.A. 55 of 1962) 10. Fees and charges (1) A person using a swimming pool during a session specified under section 9 shall pay to the Director the prescribed fee or the fee determined under section 124K of the Ordinance as may be appropriate.(2) Except with the prior permission of an attendant, no person shall enter the precincts of a swimming pool without first having paid the appropriate fee under subsection (1).(78 of 1999 s. 7) 10A. (Repealed L.N. 150 of 1995) 10B. (Repealed L.N. 150 of 1995) 10C. (Repealed L.N. 150 of 1995) 10D. (Repealed L.N. 150 of 1995) 10E. (Repealed L.N. 150 of 1995) 11. (Repealed 78 of 1999 s. 7) 12. Penalty for obstructing attendants or supervisors Any person who obstructs or resists any attendant or supervisor in the exercise of his duty or who fails to comply with any reasonable direction given by such attendant or supervisor for the purpose of giving effect to any of the provisions of this Regulation, shall be guilty of an offence, and shall be liable to a fine at level 1 and to imprisonment for 14 days. (L.N. 152 of 1974; L.N. 238 of 1987; L.N. 305 of 1992; L.N. 177 of 1996; 78 of 1999 s. 7) 13. General penalties and power to remove offenders from swimming pool (1) Any person who contravenes any of the provisions of section 4, 5, 6, 7, 8, 8A or 10(2) shall be guilty of an offence and liable to a fine at level 1 and to imprisonment for 14 days. (L.N. 305 of 1992; L.N. 177 of 1996; 21 of 2020 s. 70) (2) (Repealed 78 of 1999 s. 7)(3) In addition to any penalty prescribed by this section any person contravening any of the sections mentioned in subsection (1) may be ordered by any attendant or supervisor of a swimming pool forthwith to leave the precincts thereof and, in the event of failure to comply with such direction, he may be removed, if need be, by force. (G.N.A. 55 of 1962; L.N. 152 of 1974)(78 of 1999 s. 7) 14. Name in which proceedings for offences may be brought Without prejudice to the provisions of any other enactment relating to the prosecution of criminal offences and without prejudice to the powers of the Secretary for Justice in relation to the prosecution of such offences, prosecutions for an offence under any of the provisions of this Regulation may be brought in the name of the Director.(G.N.A. 55 of 1962; L.N. 362 of 1997; 78 of 1999 s. 7)