OIL POLLUTION (LAND USE AND REQUISITION) ORDINANCE

OIL POLLUTION (LAND USE AND REQUISITION) ORDINANCE

LAWS OF HONG KONG

OIL POLLUTION (LAND USE AND REQUISITION)

ORDINANCE

CHAPTER 247





CHAPTER 247

OIL POLLUTION (LAND USE AND REQUISITION)

To empower appropriate measures to be taken to prevent, mitigate
and repair pollution of and damage to the waters foreshore and
adjoining areas of Hong Kong arising fro oil spillage, and for
matters incidental thereto and connected therewith.

[17 June 1977.]

PART I

PRELIMINARY

1. This Ordinance may be cited as the Oil Pollution (Land Use and
Requisition) Ordinance.

2. In this Ordinance, unless the context otherwise requires

'competent authority' means a coinpetent authority appointed


under section 3, the Director of Engineering Services and




the Director of Marine; (Aniended, L.N. 76/82)

'land' includes land covered with water, and any building or part of
any building;

'oil' means oil of any description, spirit produced from oil, coal tar, a
mixture containing oil, and waste material consisting of or arising
from oil;

'requisition', in relation to any property, means to require the use of
the property, or to require the property to be placed at the disposal
of the authority or officer requisitioning it, or to take possession of
the property;

'specified purpose' means the prevention, clearing-up or repair, as the
case may be, of pollution, fouling or damage of or to the waters of
the Colony, the foreshore and adjacent areas, beaches, coastal
amenities, piers and marine life, caused by oil.

3. The Governor may appoint a public officer to be a competent
authority for the purposes of this Ordinance.

PART II

POWER TO ENTER AND REQUISITION
PROPERTY

4. (1) This Part shall not come into operation except on such day as
the Governor may appoint by order and, subject to subsection (2) but
without prejudice to the making of further orders under this subsection,
shall then remain in force for 30 days.





(2) Without prejudice to his power to make further orders under
subsection (1), the Governor may by order discontinue the operation of
this Part by revoking the order under subsection (1).

(3) An order under this section need not be published in the
Gazette prior to its commencement, but shall be given such publicity as
the Governor may deem fit, and shall as soon as may be convenient be
published for information in the Gazette.

5. (1) Any public officer so directed by a competent authority may,
for a specified purpose and accompanied by such other public officers
or other persons as he thinks necessary

(a) enter any land, and pass over any land;

(b) use any land and conduct therein any operation; and

(c)remove from any land or prevent from entry to any land any
person, including the owner or occupier thereof.

Provided that such a power shall not be exercised in relation to
any part of a building used for residential purposes unless the
competent authority's directions are given in writing.

(2) Any such public officer may cause to be taken on to any land
such vehicles, machinery, equipment and material as lie thinks
necessary for the specified purpose.

6. (1) A competent authority and any public officer authorized in
that behalf by a competent authority in writing may, if and for so long
as it appears to him to be necessary or expedient for a specified
purpose--

(a)requisition any property, other than land, vessels of foreign
registration and aircraft;

(b)give such directions and take such steps as appear to him to
be necessary to secure effective use or possession of the
requisitioned property; and

(c)use and deal with any such property as if he were the owner
thereof.

(2) All property requisitioned under subsection (1) shall as far and
as soon as practicable be returned to the owner or person from whom it
was requisitioned.

PART III

COMPENSATION

7. (1) Any person who sustains loss or damage in consequence or
arising out of the exercise of any power under Part 11, or is entitled to
the use of or rent from any property requisitioned under section 6, shall,
subject to this Part, be entitled to recover such compensation as is just
having regard to all the circumstances of the case.





(2) A claim for compensation under this Ordinance shall be
made in writing to the Director of Lands not later than 3
months

after the last day on which the power was exercised or the use of any
land or requisitioned property ceased:

Provided that the Director of Lands may, in any particular case,
extend the period for making claims. (Amended. L.N. 245/81 and L.N.
761/82)

(3) Upon receipt of a claim, the Director of Lands shall as soon as
practicable cause the amount of compensation to be assessed and
notice of the amount assessed to be served upon the claimant
personally or by registered post. (Amended, L.N. 245/81 and L.N. 76/82)

(4) If the claimant agrees in writing that he accepts such amount in
full settlement of his claim, that amount shall be paid to the claimant.

8. In the absence of agreement as to-

(a) whether compensation is payable under this Ordinance. or

(b) the amount of such compensation; or

(c) the person to whom it is payable,

the issue shall be determined in civil proceedings begun by the claimant
not later than 3 months after the service upon him of notice under
section 7(3), and no compensation shall be due or payable otherwise
than so determined.

PART IV

MISCELLANEOUS

9. Compensation payable under this Ordinance is charged on and
shall be paid out of the general revenue of Hong Kong.

10. (1) The owner of-

(a)a vessel from which oil, not being part of a cargo of persistent
oil in bulk within the meaning of the Merchant Shipping (Oil
Pollution) (Hong Kong) Order 1975. has escaped or been
discharged within the waters of the Colony; or

(b)any installation or container, whether on land or in or on
water, not being a vessel or part thereof, from which any oil
has escaped or been discharged into the waters of the
Colony,

shall he liable to the Government for the costs of all measures taken
under this Ordinance or otherwise reasonably taken by the Government
for a specified purpose in relation to the escape or discharge of oil,
including the amount of any compensation reasonably paid under Part
III.





(2) In any proceedings by the Government to recover any costs
referred to in subsection (1), a certificate purporting to be signed by the
Director of Accounting Services shall, unless the contrary is proved,
be proof of the amount of the costs incurred.

(3) In this section 'owner' in relation to a registered ship, means
the person or persons registered as its owner, except that in relation to a
ship owned by a State which is operated by a person registered as the
ship's operator, it means the person registered as its operator.

11. Any person who without reasonable excuse-

(a)obstructs a competent authority, or a public officer acting in
exercise of his powers under this Ordinance, or any public
officer or other person accompanying or assisting any such
public officer; or

(b) falls to comply with any direction given under section 6(1),

commits an offence and is liable to a fine of $20,000 and to imprisonment
for 1 year.
Originally 44 of 1977. L.N. 245/81. L.N. 76/82. Short title. Interpretation. Appointment of competent authority. Operation of Part II. Power to enter and use land. Power to requisition property. Compensation. Compensation to be determined by civil proceedings in default of agreement. Compensation to be paid from general revenue. Liability for costs of cleaning-up operations. (App. III. P. DL 1.) Offences.

Originally 44 of 1977. L.N. 245/81. L.N. 76/82. Short title. Interpretation. Appointment of competent authority. Operation of Part II. Power to enter and use land. Power to requisition property. Compensation. Compensation to be determined by civil proceedings in default of agreement. Compensation to be paid from general revenue. Liability for costs of cleaning-up operations. (App. III. P. DL 1.) Offences.

https://oelawhk.lib.hku.hk/items/show/2981

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