AIR POLLUTION CONTROL ORDINANCE

AIR POLLUTION CONTROL ORDINANCE

LAWS OF HONG KONG

AIR POLLUTION CONTROL ORDINANCE

CHAPTER 311

REVISED EDITION 1987

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





CHAPTER 311

AIR POLLUTION CONTROL ORDINANCE

ARRANGEMENT OF SECTIONS

Section .................................. Page

PART I

PRELIMINARY

1. Short title................................ ... ... ... ... ... ... ... 3

2. Interpretation.............................. ... ... ... ... ... ... ... 3
3. Application .......................... ... ... ... ... ... ... ... ... 4

4. Authority and authorized officers ... ... ... ... ... ... ... . ... ... 4
5. Governor may give directions ... ... ... ... ... ... ... ... ... ... ... 5

PART II

AIR CONTROL ZONES AND AIR QUALITY
OBJECTIVES

6. Air control zones ... ... ... ... ... ... ... ... ... ... ... ... ... ... 5
7. Secretary to establish quality objectives ... ... ... ... ... ... ... ... ... 5
8. Authority to seek to achieve quality objectives ... ... ... ... ... ... ... ... 5

PART III

ABATEMENT OF AIR POLLUTION
NUISANCES

9. Notice of air pollutant nuisance to owner of premises ... ... ... ... ... ... 6
10. Penalty for failure to abate air pollutant nuisance ... ... ... ... ... ... ... 7

PART IV

SPECIFIED PROCESSES AND THE LICENSING OF PREMISES
THEREFOR

11. Power to amend First Schedule ... ... ... ... ... ... ... ... ... ... ... 7
12. Prevention of discharge of noxious or offensive emissions ... ... ... ... ... 7
13. Licence required to use premises for specified process ... ... ... ... ... ... 8
14. Application for licences ... ... ... ... ... ... ... ... ... ... ... ... 8
15. Grant or refusal of licences ... ... ... ... ... ... ... ... ... ... ... ... 8
15A. Payment of annual charges by licence holders ... ... ... ... ... ... ... ... 9
16. Renewal of licences ... ... ... ... ... ... ... ... ... ... ... ... ... 9
17. Cancellation or variation of a licence ... ... ... ... ... ... ... ... ... ... 9
18. Applications for and variations of licences ... ... ... ... ... ... ... ... 10
1 SA. Application for transfer of licences ... ... ... ... ... ... ... ... ... ... 11
1 8B. Supply of incorrect information, etc. ... ... ... ... ... ... ... ... ... ... 11
19. Notices of existing premises used for specified processes ... ... ... ... ... ... 12
20. Exemption of certain premises ... ... ... ... ... ... ... ... ... ... ... 12
20A. Cessation of exemption on conviction under section 19(3) ... ... ... ... ... 13
21. Cessation of exemption in certain circumstances and application for licence 13
22. Further powers in relation to an existing specified process ... ... ... ... ... 13





Section...................................... Page

23. Exempted premises-approval of changes ..... ... ... ... ... ... ... ... is

24. Compensation for cancellation or variation of licences ... ... ... ... ... 15

25. Compensation for cancellation or variation of exemptions with the approval

of the Governor in Council .............. ... ... ... ... ... ... ... 16
26. Assessment of compensation .............. ... ... ... ... ... ... ... 16

26A................................Payment of annual charges by owners of exempted premises ... ... ... ... 16

PART V

ENFORCEMENT

27. Authority may obtain information .......... ... ... ... ... ... ... ... 16
28. Powers of entry and inspection, etc . ..... ... ... ... ... ... ... ... ... 17

29. Offences in relation to section 28......... ... ... ... ... ... ... ... ... 18

30. Power to require modification etc., of chimneys and relevant plant ... ... ... 18

30A. Contravention of terms and conditions of licence, etc . ... ... ... ... ... ... 19

PART VI

APPEALS

31. When appeal may be brought; and effect thereof ... ... ... ... ... ... 19

32. Constitution of Appeal Board .............. ... ... ... ... ... ... ... 20

33. Exercise of Appeal Board's jurisdiction ... ... ... ... ... ... ... ... 21

34. Supplementary provisions as to Appeal Board ... ... ... ... ... ... ... 22

35. Review of Appeal Board's decision by Governor in Council ... ... ... ... ... 22

36. Case may be stated ............. ........... ... ... .. 1 ... ... ... 22

PART VII

MISCELLANEOUS

37. Codes of Practice ......................... ... ... ... ... ... ... 23
38. Authority may hold a hearing............... ... ... ... ... ... ... ... ...
23
39. Authority to keep a register .............. ... ... ... ... ... ... ... ...
23

40. Protection of private information from publicity ... ... ... ... ... ... ... 24

41. Offence to disclose secret information obtained officially ... ... ... 1 ... 24

42. Protection of Crown and public officers ... ... ... ... ... ... ... ... 25

43. Regulations ............................... ... ... ... ... ... ... ... 25

44. Application of Ordinance to Crown ......... ... ... ... ... ... ... ... 27
45. Environmental Pollution Advisory Committee 28

46. Limit of time for laying informations, etc .... ... ... ... ... ... ... ... ... 28
47. Prosecution of offences ... ... ... ... ... ... ... ... ... ... ... ... ... 29






48. Defences in proceedings relating to emission of air pollutants ... ... ... ... 29
49. Provisions of Ordinance to be in addition to any other Ordinance ... ... ... ... 29

First Schedule ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 29
Second Schedule ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 32
Third Schedule .. ... ... ... ... ... ... ... ... ... ... ... ... ... ... 33
Fourth Schedule ... ... ... ... ... ... ... ... ... ... ... ... ... ... 33





CHAPTER 311

AIR POLLUTION CONTROL

To make provision for abating, prohibiting and controlling pollution
of the atmosphere with particular reference to stationary sources
andfor matters connected therewith.

[1 October 1983.1

PART 1

PRELIMINARY

1. This Ordinance may be cited as the Air Pollution Control
Ordinance.

2. In this Ordinance, unless the context otherwise requires

,lair control zone' means any part of Hong Kong declared under section
6 to be an air control zone;

,lairpollutant' means any solid, particulate, liquid, vapour or gaseous
substance emitted into the atmosphere;

,lair pollutant nuisance' means any emission of air pollutant which
either alone or in conjunction with any other such emission

(a) is prejudicial to health; or

(b) is a nuisance to the inhabitants of the neighbourhood; or

(C)imperils or is likely to imperil the safety of or otherwise
interferes with the normal operation of aircraft using or being
about to use any airport within Hong Kong;

'air quality objective' means an air quality objective established by the
Secretary under section 7;

'Appeal Board' means an Appeal Board constituted under Part VI;

'Authority' means the public officer appointed under section 4(1) to be
the air pollution control authority;

,,authorized officer' means a public officer authorized under section
4(3);

'best practicable means', where used with respect to the emission from
a premises of an air pollutant, has reference not only to the
provision and the efficient maintenance of appliances adequate for
preventing such emission, but also to the manner in which such
appliances are used and to the proper supervision by the owner of
the premises of any operation in which such an air pollutant is
evolved;





'chimney' includes structures and openings of any kind from or
through which air pollutant may be emitted and, in particular,
includes flues, and references to a chimney of a premises include
references to a chimney which serves the whole or part of a
premises but is structurally separate therefrom;

,,engine' means an internal combustion engine;

'furnace' includes any kind of fireplace, grate or stove, whether open or
closed and any structure enclosing a chamber where combustion
takes place;

'industrial planC includes any plant, whether fixed or movable, used for
industrial or trade purposes, and also includes any incinerator used
for or in connection with any such purposes;

'licence' means a licence granted under section 15;

licence holder' means the holder of a valid licence;

'noxious or offensive emission' means a noxious or offensive emission
designated by regulations made under section 43(1)(a);

,,owner', in relation to premises, includes any lessee or occupier thereof,
and any person carrying on any specified process thereon or
therein;

,,oven' includes any form of retort or container used to subject solid
fuel to any process involving the application of heat;

'prejudicial to health' means injurious, or likely to cause injury, to
health;

'premises' include any part of premises and any place or relevant plant;

'register' means the register required to be kept under section 39;

'relevant planC means any furnace, engine, ov n or iindustrial plant.


'Secretary' means the Secretary

'specified process' means a process specified in the First Schedule.

3. Except to the extent provided by section 43(1)(p) nothing in this
Ordinance shall apply to any air pollutant emitted from any furnace or
engine used in the propulsion of any vessel, motor vehicle, railway
locomotive or aircraft.

4. (1) For the purposes of carrying out the provisions of this
Ordinance, the Governor may appoint a public officer to be the air
pollution control authority.

(2) An appointment under subsection (1) shall be notified in the
Gazette.

(3) The Authority may authorize in writing any public officer to
perform or exercise all or any of the functions, duties or powers which
are imposed or conferred on the Authority by this Ordinance.





5. (1) The Governor may give such directions as he thinks
fit, either generally or in any particular case, with respect to the
exercise or performance by any public officer of any functions, duties
or powers under this Ordinance.

(2) A public officer shall, in the exercise or performance of his
functions, duties or powers under this Ordinance, comply with any
direction given by the Governor under subsection (1).

PART II

AIR CONTROL ZONES AND AIR QUALITY OBJECTIVES

6. (1) The Governor in Council may, after consultation with
the Environmental Pollution Advisory Committee, by order pub-
lished in the Gazette, declare any part of Hong Kong to be an air
control zone for the purposes of this Ordinance. (Amended, L.N.
165184)
(2) An order under subsection (1) shall, for each air control
zone constituted thereby---

(a)make reference to a plan or map of that zone deposited in
the Land Office at Victoria; or
(b) sufficiently describe the zone by other means.

7. (1) The Secretary shall, after consultation with the Envi-
ronmental Pollution Advisory Committee, establish for each air
control zone air quality objectives or different objectives for different
parts of a zone. (Amended, L,N. 165184)
(2) The air quality objectives for any particular air control
zone or part thereof shall be the quality which, in the opinion of the
Secretary, should be achieved and maintained in order to promote
the conservation and best use of air in the zone in the public interest.

(3) Any air quality objective may be amended from time to
time by the Secretary, after consultation with the Environmental
Pollution Advisory Committee. (Amended, L.N. 165184)
(4) A statement of every air quality objective established
under subsection (1) and all amendments thereto, signed by the
Secretary, shall be published in the Gazette and shall be kept with
the register and made available for inspection by the public free of
charge at the same times as the register is so available.

(5) Where under subsection (1) the Secretary establishes differ-
ent air quality objectives for different parts of an air control zone he
shall ensure that the statement thereof kept with the register pursu-
ant to subsection (4) sufficiently delineates each part of the air
control zone.

8. (1) The Secretary shall in writing notify the Authority of
the objective or objectives of quality established for each air control
zone and of any amendment thereof under section 7(3).





(2) The Authority shall aim to achieve the relevant air quality
objectives as soon as is reasonably practicable and thereafter to
maintain the quality so achieved.

(3) If in the opinion of the Secretary the achievement or
maintenance of any air quality objective would be better served by
the exercise by the Authority in a particular manner of any of his
powers under section 15(4), 17 or 22, the Secretary may give
directions in writing to the Authority as to the manner in which he
shall exercise those powers; and, in the case of a direction which
relates to section 15(4), any such direction may be of a general
nature or relate to a particular case or particular cases.

(4) The Authority shall comply with any direction given to
him under subsection (3) and the discretion conferred on the
Authority by section 15(4), 17 or 22 as the case may be, shall not
apply to any specified process in respect of which such a direction is
in force.

PART 111

ABATEMENT OF AIR POLLUTION NUISANCES

9. (1) On any occasion when, in the opinion of the Authority
or of an authorized officer, an air pollutant nuisance exists or is
imminent, the Authority or such officer shall, subject to subsection
(5), as soon as practicable after he has become aware thereof, notify,
either verbally or in writing, the existence or imminence, as the case
may be, of the nuisance to the owner of any premises in which any
chimney or relevant plant is, in his opinion, by the emission of any
air pollutant, causing or contributing to the existence or imminence
of such nuisance.

(2) Such notification may require the owner forthwith, or at
some future time, and for so long as the notification specifies, or
until it is withdrawn-

(a)to reduce to such extent as is specified in the notification
the emission of the air pollutant from such chimney or
relevant plant, as the case may be; or

(b)in any case where, in the opinion of the Authority or of an
authorized officer, such air pollutant nuisance-
(i) is or is likely to be prejudicial to health; or
(ii) imperils or is likely to imperil the safety of aircraft
using or being about to use any airport within Hong Kong,
to eliminate the emission of such pollutant.

(3) Where a notification requires the elimination of an emis-
sion under subsection (2)(b) it shall contain a declaration that it was
given to protect health or to preserve the safety of aircraft, as the
case may be.





(4) If any notification under this section is given or withdrawn
verbally, such notification or such withdrawal, as the case may be,
shall be confirmed by the Authority or an authorized officer in
writing as soon thereafter as circumstances permit.

(5) Notwithstanding the preceding provisions of this section,
the Authority may, except in a case that falls within subsection
(2)(b), instead of acting under this section proceed instead under
section 30 to the extent permitted in that section.

10. (1) Subject to subsection (2), any owner who fails to
comply with any of the requirements of a notification given to him
under section 9 commits an offence and is liable-

(a)in any case where such notification contains a declaration
that it was given to protect health or to preserve the safety
of aircraft, to a fine of $50,000; and

(b) in any other case, to a fine of $5,000,

and in either case to a further fine of $100 in respect of every one
quarter of an hour during the whole or any part of which the offence
continues.

(2) A court shall not convict an owner under subsection (1)
unless the prosecution proves that the air pollutant nuisance men-
tioned in the notification existed or was imminent at the time the
notification was given to the owner under section 9.

PART IV

SPECIFIED PROCESSES AND THE LICENSING OF PREMISES THEREFOR

11. The Legislative Council may by resolution amend the First
Schedule.

12. (1) The owner of any premises used for the conduct of any
specified process shall use the best practicable means for preventing
the emission of noxious or offensive emissions from such premises,
and for preventing. the discharge, whether directly or indirectly, of
such emissions into the atmosphere, and for rendering such emis-
sions where discharged harmless and inoffensive.

(2) Any person who fails to comply with subsection (1) com-
mits an offence and is liable to a fine of $50,000, and, in addition, if
the offence is a continuing offence, to a fine of $5,000 for each day
during which it is proved to the satisfaction of the court that the
ofrence has continued.

(3) No person shall be convicted of an offence under this
section if he proves that the specified process in respect of which he is
charged was conducted by him in the manner and in accordance
with the particulars and information notified by him under sec-
tion 19(1).





13. (1) Subject to section 20, the owner of any premises shall not
use those premises, or permit those premises to be used, for the conduct
of a specified process unless he is the holder of a licence to use the
premises for the conduct of that specified process.

(2) Any owner who contravenes subsection (1) commits an offence
and is liable to a fine of $50,000, and, in addition, if the offence is a
continuing offence, to a fine of $5,000 for each day during which it is
proved to the satisfaction of the court that the offence has continued.

14. (1) Any person who wishes to obtain a licence to conduct a
specified process in any premises shall apply to the Authority in the
prescribed form.

(2) An application under subsection (1) shall be accompanied by
the prescribed fee.

(3) The Authority shall publicly notify all applications for licences

(a)by entering in the register such particulars thereof as may be
prescribed;

(b)by causing a notice to be published at the expense of the
applicant in an English language and a Chinese language
newspaper determined by the Authority containing such
particulars of the application and other information as may be
prescribed and a statement of the place or places where the
particulars of the application may be inspected. (Amended, 23
of 1987, s. 2)

(4) During the period of 30 days after the last notice is published
pursuant to subsection (3)(b)-

(a)the particulars of the application shall be kept at each place
notified under subsection (3)(b) and shall be available for
inspection by the public during normal office hours; and
(Amended, 23 of 1987, s. 2)

(b)any person may, in such manner as may be prescribed, object
to the granting of a licence to conduct the specified process
concerned on the grounds that

(i) it would tend to inhibit the attainment or maintenance of
any relevant air quality objective; or

(ii) the emission of noxious or offensive emissions would
be, or be likely to be, prejudicial to health. (Replaced, 23 of
1987, s. 2)

15. (1) The Authority may, not earlier than 40 days after the last
notice is published in a newspaper pursuant to section 14(3)(b), either
grant or refuse to grant a licence.

(2) If he refuses to grant a licence the Authority shall notify the
applicant in writing of his refusal and shall inform him of his reasons
therefor.





(3) In the exercise of his discretion to grant or refuse to grant a
licence the Authority shall

(a)have regard to the capability of the applicant to provide and
maintain the best practicable means for the prevention of the
emission from his premises of any air pollutant;

(b)have as his purpose the attainment and maintenance of any
relevant air quality objective; and (Replaced, 23 of 1987,s.3)

(c)have regard to whether the emission of noxious or offensive
emissions would be, or be likely to be, prejudicial to health.
(Added, 23 of 1987, s. 3)

(4) A licence granted under this section shall be for a reasonable
period of not less than 2 years and may be subject to such terms and
conditions as the Authority thinks fit including terms and conditions
relating to the matters set out in the Second Schedule.

15A. Every licence holder shall pay such annual charge as may be
prescribed.

(Added, 23 of 1987, s. 4)

16. (1) During such period as may be prescribed, the licence holder
may apply to the Authority in the prescribed form for a renewal of the
licence. (Amended, 23 of 1987, s. 5)

(2) An application for renewal of a licence shall be accompanied by
the prescribed fee.

(3) Except where the Secretary directs otherwise, section 14(3) and
(4) shall not apply in relation to an application for renewal of a licence.
(Amended, 23 of 1987, s. 5)

(4) The Authority may renew or refuse to renew a licence but,
where the Secretary has directed under subsection (3) that section 14(3)
shall apply, shall not do so earlier than 40 days after the last notice is
published in a newspaper pursuant to section 14(3)(b). (Replaced, 23
of 1987, s. 5)

(5) Subsections (2), (3) and (4) of section 1 5 shall apply to the
renewal of a licence as they apply to the grant or refusal of a licence
under that section.

17. (1) Where a licence is in force and the Authority considers it
necessary in the public interest, the Authority may, subject to
subsection (2), by notice in writing to the licence holder

(a)impose new or amended terms or conditions subject to the
observance of which, as from a specified date, the licence shall
continue in force;

(b) cancel the licence as from a specified date;





(c)revoke or amend or add to any notice previously given
under this subsection, or any part of such notice, or
substitute a new notice for it.

(2) Unless the Authority considers that the continuation of the
specified process to which the licence relates would be, or be likely to
be, prejudicial to health he may exercise any power set out in
subsection (1) in relation to that licence only with the prior approval
of the Governor in Council, as to both the exercise of the power and
the manner of the exercise of the power, or with the agreement of the
licence holder.

(3) Subject to subsection (4), the date specified in a notice for
the addition, revocation or amendment of any term or condition
under paragraph (a) or (c) of subsection (1) or the cancellation of a
licence under paragraph (b) thereof shall be not less than 90 days
after the day on which the notice is given to the licence holder.

(4) Where in the opinion of the Authority it is necessary to
add, revoke or amend a term or condition under paragraph (a) or (c)
of subsection (1) or cancel a licence under paragraph (b) thereof
because the continuation of the specified process to which the licence
relates would be, or be likely to be, prejudicial to health, he may
exercise any of the said powers with effect from such date as the
circumstances may require and shall not be bound to comply with
subsection (3).

(5) Where a notice is given under subsection (1), the person to
whom the notice is given may, within the period of 30 days after such
notice is given, make written submissions to the Authority as to why
any new or amended terms and conditions should not be imposed or
as to why the licence should not be cancelled.

(6) The Authority, on receipt of written submissions made by
any person under subsection (5) may, after considering such submis-
sions, exercise any of his powers under subsection (1)(c).

18. (1) A licence holder may apply to the Authority in the
prescribed form for a variation of the licence.

(2) The application shall be accompanied by the prescribed
fee.

(3) Section 14(3) and (4) shall apply for the purpose of
publicly notifying an application under this section for the variation
of a licence as if it were an application for a licence.

(4) The Authority may either grant the application, with or
without modification, or refuse to grant it but shall not do so earlier
than 40 days after the last notice is published in a newspaper
pursuant to subsection (3).

(5) If the Authority refuses to grant an application or any part
thereof he shall notify the applicant and shall inform him of the
reasons for his refusal.





(6) Section 15(3) shall apply to the exercise by the Authority of his
discretion under this section as it applies to the exercise of his discretion
to grant or refuse a licence.

(7) The Authority may grant an application on such terms and
conditions as he thinks fit (including terms and conditions relating to
the matters set out in the Second Schedule).

18A. (1) Where a licence is to be transferred, the licence holder and
the prospective transferee of the licence shall jointly apply to the
Authority in the prescribed form for a transfer of the licence.

(2) An application under subsection (1) shall be accompanied by
the prescribed fee which shall be paid by the prospective transferee.

(3) Except where the Secretary directs otherwise, section 14(3) and
(4) shall not apply in relation to an application for the transfer of a
licence.

(4) A licence in respect of which an application for transfer is made
under subsection (1) shall remain in force as against the licence holder
until the application is granted under subsection (5).

(5) The Authority may either grant an application under subsection
(1), with or without modification, or refuse to grant it but, where the
Secretary has directed under subsection (3) that section 14(3) shall
apply, shall not do so earlier than 40 days after the last notice is
published in a newspaper pursuant to section 14(3)(b).

(6) If the Authority refuses to grant an application (or any part
thereof) under subsection (5) he shall notify the applicants and shall
inform them of the reasons for his refusal.

(7) Section 15(3) shall apply to the exercise by the Authority of his
discretion under this section as it applies to the exercise of his discretion
to grant or refuse a licence and section 15(3)(a) shall apply in relation to
the prospective transferee of the licence as it applies to the applicant.

(8) The Authority may grant an application under subsection (5) on
such terms and conditions as he thinks fit (including terms and
conditions relating to matters set out in the Second Schedule).

(Added, 23 of 1987, s. 6)

18B. Any person who in any application made under this
Ordinance makes any statement or gives any particular or information
which he knows to be incorrect in a material respect or who recklessly
makes any statement or gives any particular or information which is
incorrect in a material respect or knowingly omits any





material particular therefrom commits an offence and is liable to a
fine of $5,000.
(Added, 23 of 1987, s. 6)

19. (1) The Secretary may, by order published in the Gazette,
specify in relation to any specified process the particulars and
information required to be furnished to the Authority by the owner
of any premises used for the conduct of that specified process and,
within 6 months after the publication of such an order, or such
further period as the Authority may in any particular case allow, the
owner of the premises concerned shall give notice of the existence
of those premises to the Authority in such manner and form and
containing such particulars and information as may be specified in
the order.
(2) Any owner who fails to comply with subsection (1) com-
mits an offence and is liable to a fine of $5,000.

(3) Any owner who in any notice under subsection (1) makes
any statement or gives any particular or information which he
knows to be incorrect in a material respect or who recklessly makes
any statement or gives any particular or information which is incor-
rect in a material respect or knowingly omits any material particular
therefrom commits an offence and is liable to a fine of $5,000.

20. (1) The owner of any premises used for the conduct of a
specified process at the date of publication of an order under section
19 shall, subject to subsections (2) and (4) and section 2 1, be exempt
so far as use of that premises is concerned in respect of that process
from the operation of section 13 if notice of the existence of that
premises has been duly given under section 19.

(2) Notwithstanding that any process mentioned in the second
column of the Third Schedule is declared to be a specified process,
subsection (1) shall not apply in respect of any premises described
opposite thereto in the third column of that Schedule.
(3) The Legislative Council may by resolution amend the
Third Schedule.
(4) No exemption shall arise under this section if, at the time
when notice is given under section 19, the premises used for the
conduct of the specified process-

(a) have been unlawfully erected on unleased land in contra-
vention of section 4 of the Crown Land Ordinance; or

(b)are situated on land held under a Crown lease or on land
occupied under a licence issued under section 5 of the
Crown Land Ordinance and the use of the premises for the
conduct of the specified process is in breach of the Crown
lease or the licence.

(5) Where at the date of publication of an order under section
19 any person is the owner of premises which are being developed
for use for the conduct of a specified process the Authority may in





writing subject to subsections (2) and (4) and section 21 exempt him in
respect of those premises from the operation of section 13 upon his
giving notice under section 19, which shall for the purposes of this
subsection apply mutatis mutandis.

20A. The owner of any premises who is convicted under section
19(3) of an offence relating to those premises shall cease to be exempt
under section 20 from the operation of section 13 in respect of the
premises.

(Added, 23 of 1987, s. 7)

21. (1) Without prejudice to the powers in section 22 when, on or in
any premises used for the conduct of a specified process the owner of
which is exempt under section 20 from the operation of section 13, for
any reason, including addition, alteration or modification thereto or
renewal thereof, any chimney or relevant plant used in or in connexion
with the conduct of the specified process ceases to conform with any of
the particulars in relation thereto

(a) given by such owner under section 19; and

(b) recorded in a register kept under section 39(1)(b),

then, in respect of that part of the premises on or in which such chimney
or relevant plant is situate, the owner thereof--

(i) shall cease to be exempt under section 20; and

(ii) shall apply forthwith under section 14 for a licence.

(2) Except where the Secretary directs otherwise, section 14(3) and
(4) shall not apply in relation to an application for a licence in accordance
with subsection (1)(ii), and section 15(1) as regards the period before
which the Authority may not grant or refuse to grant a licence shall
likewise not apply except where the Secretary has directed that section
14(3) shall apply. (Amended, 23 of 1987, s. 8)

(3) Any owner who, without reasonable excuse, fails to comply with
subsection (1)(ii) commits an offence and is liable to a fine of $50,000
and, in addition, if the offence is a continuing offence, to a fine of $5,000
for each day during which it is proved to the satisfaction of the court
that the offence has continued.

(4) Where the owner of a premises applies for a licence in
accordance with subsection (1)(ii), then, pending the grant or refusal to
grant the licence, the operation of section 13 shall be suspended in
relation to the part of the premises which has ceased to be exempt under
subsection (1)(i) and which is referred to in the application made under
section 14.

22. (1) Where in relation to any premises used for the conduct of a
specified process the owner of which is exempt under section 20 from
the operation of section 13 the Authority considers it necessary so to do
in the public interest he may, by notice in writing to the owner of the
premises





(a) (i) impose terms and conditions subject to the obser-
vance of which, as from a specified date, the exemption
shall continue in force;
(ii) declare the exemption liable to cancellation if at any
time the person fails to observe any such term or condition;
(iii) cancel the exemption as from a specified date if the
person fails to observe any such term or condition;

(b) cancel the exemption as from a specified date;

(c)amend or add to any notice previously given under this
section, or any part of such notice, or substitute a new
notice for it.

(2) Unless the Authority considers that the continuation of the
specified process would of itself be, or be likely to be, prejudicial to
health, he may exercise any power set out in subsection (1) only with
the prior approval of the Governor in Council, as to both the
exercise of the power and the manner of the exercise of the power, or
with the agreement of the owner of the premises used for the conduct
of the specified process.

(3) The Authority may revoke a notice previously given under
this section, subject to the further approval of the Governor in
Council in the case of a revocation which affects anything previously
done under this section with the approval of the Governor in
Council.

(4) Subject to subsection (5) the date specified in a notice for
the imposition, amendment or addition of any term or condition
under paragraph (a)(i) or (c) of subsection (1) or for the cancellation
of an exemption under paragraph (a)(iii) or (b) thereof shall be not
less than 90 days after the day on which the notice is given to the
owner of the premises used for the conduct of the specified process.

(5) Where in the opinion of the Authority it is necessary to
impose, amend or add any term or condition under paragraph (a)(i)
or (c) of subsection (1) or to cancel an exemption under paragraph
(a)(iii) or (b) thereof because the continuation of the specified
process would of itself be, or be likely to be, prejudicial to health,
he may exercise any of the said powers with effect from such date as
the circumstances may require and shall not be bound to comply
with subsection (4).

(6) Subject to subsection (2) the Authority may impose such
terms and conditions under subsection (1) as he thinks fit including
any term or condition-

(a)requiring the person to restrict or from time to time to
suspend the emission of any air pollutant;

(b) relating to the matters set out in the Second Schedule.





23. (1) A person who is the owner of any premises used for the
conduct of a specified process and who is exempt under section 20 from
the operation of section 13 may apply to the Authority in the prescribed
form for a variation or cancellation of any term or condition imposed by
the Authority under section 22.

(2) An application under subsection (1) shall be accompanied by
the prescribed fee.

(3) Section 14(3) and (4) shall apply for the purpose of publicly
notifying an application under this section as if it were an application for
a licence.

(4) The Authority may either grant the application in whole or in
part or refuse to grant it but shall not do so earlier than 30 days after the
last notice is published in a newspaper pursuant to subsection (3).

(5) If the Authority refuses to grant an application or any part
thereof he shall notify the applicant and shall inform him of the reasons
for his refusal.

(6) Section 15(3) shall apply to the exercise by the Authority of his
discretion under this section as it applies to the exercise of his discretion
to grant or refuse a licence.

(7) The Authority may grant an application on such terms and on
such conditions as he thinks fit (including terms and conditions relating
to the matters set out in the Second Schedule).

24. Where a licence is, pursuant to section 17(1)-
(a) cancelled as provided in section 17(1)(b); or

(b)varied as provided in section 17(1)(a) so as to impose
additional obligations on the licence holder,

the Authority shall be liable to pay compensation to the person whose
licence is cancelled or varied if- (Amended, 23 of 1987, S.9)

(i)such cancellation or variation was effected with the prior
approval of the Governor in Council pursuant to section 17(2);
or

(ii) where the licence is cancelled or varied because the Authority
considers that the continuation of the specified process to
which the licence relates would be, or be likely to be,
prejudicial to health, the possibility of such prejudice to
health was known, or could with reasonable foresight have
been known, to the Authority at the time the licence was
granted or renewed; or

(iii)the prejudice to health mentioned in paragraph (ii) is a
consequence of the fact of licences having been granted or
renewed after the grant (or, where a licence has been renewed,
the last renewal) of the licence which is cancelled or varied.





25. Where an exemption under section 20 is, pursuant to
section 22-

(a) cancelled as provided in section 22(1)(b); or

(b)varied as provided in section 22(1)(a)(i) or (c) so as to
impose additional obligations on the owner of the premises
used for the conduct of the specified process to which the
exemption relates,
the Authority shall be liable to pay compensation to the owner of
the premises whose exemption is cancelled or varied if such cancel-
lation or variation was effected with the prior approval of the
Governor in Council pursuant to section 22(2).
(Amended, 23 of 1987, s. 10)

26. (1) Subject to subsection (2), the manner of determining
the amount of compensation payable under sections 24 and 25, the
factors to be taken into account or disregarded and the principles to
be applied in determining that amount shall be such as may be
prescribed in regulations made under section 43.

(2) The provisions of the Fourth Schedule shall have effect for
the purposes of determining the amount of compensation payable
under sections 24 and 25 and for the purposes of the incidental
matters for which they provide.

26A. Every owner of premises who is exempt under section 20
from the operation of section 13 shall pay such annual charge as
may be prescribed.
(Added, 23 of 1987, s. 11)

PART V

ENFORCEMENT

27. (1) The Authority may, by notice in writing to any
person, require him to furnish to the Authority, within such time
and in such form as is specified in the notice, any information
specified in the notice which the Authority may reasonably require
for the purpose of exercising and performing his functions, duties
and powers under this Ordinance.
(2) A person who-

(a)fails without reasonable excuse to comply with any of the
requirements of a notice duly served on him under sub-
section (1); or

(b)in compliance or purported compliance with such a notice,
makes any statement which he knows to be incorrect in a
material respect or recklessly makes any statement which is
incorrect in a material respect or knowingly omits any
material particular,
commits an offence and is liable to a fine of $5,000.





28. (1) For the purpose of-

(a)determining the position of any apparatus or device or
sampling point to be used for the measurement of any air
pollutant emitted from any chimney or relevant plant or
passing through any chimney,

(b)determining the composition, concentration, quantity,
quality or density of any air pollutant emitted from any
chimney or relevant plant or passing through any chimney;

(c)determining the composition of any fuel, or other material,
or viscosity of any liquid fuel used in any relevant plant;

(d)observing and recording any process or procedure used in
or in connexion with-
(i) the operation of any chimney or relevant plant; or
(ii) the conduct of any specified process;

(e) ascertaining the source of any air pollutant;

ascertaining whether there is or has been on or in con-
nection with any premises any contravention of any of the
requirements of this Ordinance;

(g)establishing any other matter in connection with para-
graphs (a) to (f),
the Authority or an authorized officer may-
(i) inspect any chimney or relevant plant;
(ii) take samples from, and make measurements of, any air
pollutant emitted from any relevant plant or passing
through any chimney;
(iii)take samples of any fuel or other material used in any
relevant plant;
(iv)observe and record any process or procedure referred to in
paragraph (d);
(v) require the production of and inspect any drawings, records
or documents relating to any chimney or relevant plant or
specified process whether or not the same are required to
be kept under this Ordinance;
(vi) make copies of any drawings, records or documents refer-
red to in paragraph (v);
(vii) make such examination and inquiry as may be necessary
to ascertain whether the requirements of this Ordinance
are complied with, and seize, remove and detain anything
which may appear to be evidence of an offence against this
Ordinance.

(2) Subject to subsection (3), for the purposes of subsec-
tion (1), the Authority, or any authorized officer, may without
warrant enter and search any premises.

(3) No premises which is used solely for dwelling purposes
shall be entered or searched under subsection (2) except by virtue of





a warrant issued by a magistrate, where such magistrate is satisfied
by information on oath that there is reasonable ground for suspect-
ing that an offence under this Ordinance, has been, is being or is
about to be committed in such premises or that there is in such
premises anything likely to be or to contain evidence of such offence.

(4) An authorized officer who enters any premises shall-

(a)if so required, produce evidence of his identity and of his
authorization by the Authority under section 4(3); and

(b)if a warrant has been issued under subsection (3), produce
that warrant.

29. Any person who-

(a)wilfully resists, obstructs or delays any officer in the
exercise of any power conferred on such officer by or under
section 28;

(b)fails without reasonable excuse to comply with any require-
ment duly made by an officer under section 28;

(c)in compliance or purported compliance with any such
requirement produces any drawing, record or document
which he knows to be incorrect or inaccurate in a material
respect or does not believe to be correct or accurate; or

(d)wilfully or recklessly gives information which is incorrect
in a material respect or withholds information as to any of
the matters in respect of which information is required to
be given under section 28,

commits an offence and is liable to a fine of $5,000.

30. (1) Where it appears to the Authority that any chimney or
relevant plant is by reason of-

(a) unsuitable design, defective construction or maintenance;

(b) excessive wear and tear;

(c) the use of unsuitable fuel or other material; or

(d) any other cause,

emitting a greater quantity of air pollutant than need be, the
Authority may cause a notice to be served upon the owner of the
premises upon which such chimney or relevant plant is situate-
(i)requiring him, within such reasonable time as is specified in
the notice, to modify, replace, clean or repair such chimney
or relevant plant or to take such other steps as are specified
in the notice to ensure the elimination of unnecessary air
pollutant;
(ii) prohibiting him from using in such relevant plant, after
such reasonable time as is specified in the notice, such fuel,
or other material, or mixture of fuels, or other materials, as
is specified in the notice.





(2) Any owner who fails, without reasonable excuse, to comply with
any of the requirements of a notice duly served upon him under
subsection (1) commits an offence and is liable to a fine of $30,000 and in
addition, if the offence is a continuing offence, to a fine of $5,000 for
each day during which it is proved to the satisfaction of the court that
the offence has continued.

30A. A licence holder who contravenes any term or condition
subject to which the licence is granted to him by the Authority, of an
owner of any premises who is exempt under section 20 from the
operation of section 13 and who contravenes any term or condition
imposed by the Authority in relation to the exemption, commits an
offence and is liable to a fine of $20,000 and in addition, if the offence is
a continuing offence, to a fine of $5,000 for each day during which it is
proved to the satisfaction of the court that the offence has continued.

(Added, 23 of 1987, s. 12)

PART VI

APPEALS

31. (1) A person may appeal to the Appeal Board if he is aggrieved
by a decision, requirement or specification of a public officer under any
of the following provisions

(a)section 9(2)(a) (requiring reduction of the emission of air
pollutant);

(b)section 9(2)(b) (requiring the elimination of the emission of air
pollutant);

(c) section 15(1) (refusing to grant a licence);

(d) section 15(4) (fixing terms and conditions of licence);

(e) section 16(4) (refusing to renew a licence);

section 17(1)(a) (imposing new or amended terms or
conditions for continuance of a licence);

(g) section 17(1)(b) (cancelling a licence);

(h)section 17(1)(c) (revoking, amending or adding to a notice or
substituting a new notice);

(i) section 18(4) (refusing to vary a licence);

(j)section 18(7) (fixing terms and conditions for variation of a
licence);

(ja) section 18A(5) (refusing to transfer a licence); (Added, 23 of
1987, s. 13)

(jb) section 18A(8) (fixing terms and conditions on transfer of a

licence);(Added, 23 of 1987, s. 13)





(k)section 22(1)(a)(i) (imposing terms and conditions subject to
which an exemption may continue in force);

(1) section 22(1)(a)(iii) or 22(1)(b) (cancelling an exemption);

(m)section 22(1)(e) (amending or adding to a notice or
substituting a new notice);

(n)section 23(4) (refusing to vary or cancel terms or conditions
subject to which an exemption may continue in force);

(o) section 27 (requiring information to be furnished);

(p)section 30(1)(i) (requiring the modification, replacing, cleaning
or repair of, or other steps to be taken relating to, a chimney or
relevant plant);

(q)section 30(1)(ii) (prohibiting the use of specified fuels or other
materials);

(r)section 40 (refusing to withhold information from public
notification or other public access); (Amended, 23 of 1987,s.
13)

(s) any regulations made under section 43.

(2) An appeal under subsection (1) shall be made by lodging notice
of appeal in the prescribed manner and form within 21 days after the
person aggrieved has received notice of the decision, requirement or
specification.

(3) Where the decision, requirement or specification appealed from
was made under a provision mentioned in paragraphs (a) or (e) to (j) or
(jb) to (m) or (o) to (q) of subsection (1) the notice thereof shall be
suspended from the day on which notice of appeal is duly given to the
Authority and until the appeal is disposed of, withdrawn or abandoned,
unless- (Amended, 23 of 1987, s. 13)

(a)the decision, requirement or specification is considered by the
Authority to be necessary because the continuation of the
activities, whether licensed or otherwise, to which the notice
relates would be, or be likely to be, prejudicial to health; and

(b) the notice contains a declaration to that effect.

(4) No appeal shall lie under this section where the requirement of
the Authority is made with the prior approval of the Governor in Council
under section 17(2) or 22(2).

32. (1) Every appeal under section 31 shall be determined by an
Appeal Board constituted under this Part.

(2) The Governor shall appoint as Chairman of Appeal Boards a
person who is qualified in law.

(3) Subject to section 34(3), the Chairman shall be appointed for a
term of 2 years but may be re-appointed.





(4) The Governor shall also appoint a panel of persons whom he
considers to be suitable for appointment as members of an Appeal
Board pursuant to section 33(1).

(5) An appointment under subsection (2) and every appointment to
the panel under subsection (4) shall be notified in the Gazette.

(6) In subsection (2) and in section 34(1) 'qualified in law' means
qualified for appointment as a District Judge under section 5 of the
District Court Ordinance.

33. (1) The jurisdiction of an Appeal Board on any appeal or group
of appeals shall be exercised by the Chairman and such number of
persons from the panel referred to in section 32(4) as the Chairman may
appoint for that appeal or group of appeals.

(2) On any appeal an Appeal Board may confirm, reverse or vary
the decision, requirement or specification appealed from.

(3) Every question before an Appeal Board shall be determined by
the opinion of the majority of the Chairman and the members hearing the
appeal except a question of law which shall be determined by the
Chairman; in the event of an equality of votes the Chairman shall have a
casting vote.

(4) An Appeal Board shall not at any time consist of a majority of
persons who are public officers.

(5) An Appeal Board may-

(a) receive evidence on oath;

(b)admit or take into account any statement, document,
information or matter whether or not it would be admissible as
evidence in a court of law; and

(c)by notice in writing summon any person to appear before it to
produce any document or to give evidence that may
reasonably be required.

(6) Where an Appeal Board allows an appeal under section 3 1
(1)(a) or (b), it may make an award of

(a) costs in the case of an. appeal under section 3 1 (1)(a), and

(b)costs and compensation in the case of an appeal under
section 31 (1)(b),

of such sum, if any, as is just and equitable in all the circumstances of
the case, including the conduct and comparitive blameworthiness of the
appellant and his servants and agents, and of the public officers and any
other persons concerned.

(7) The Appeal Board shall have the powers which are vested in
the High Court in the exercise of its powers under subsection (5)(a) or
(c).





(8) The Chairman may determine any form or matter of
practice or procedure in so far as no provision is made therefor by
or under this Ordinance.

34. (1) If the Chairman is precluded by illness, absence from
Hong Kong or any other cause from exercising his functions the
Governor may appoint any other person qualified in law to act as
Chairman and as such to exercise and perform all of the functions,
duties and powers of the Chairman during the period of his
appointment.

(2) If a person appointed by the Chairman under section 33(1)
to hear an appeal or group of appeals is precluded by illness, absence
from Hong Kong, or any other cause from exercising his functions,
the Chairman may appoint any other person from the panel pro-
vided for in section 32(4) to act in his place.

(3) The Chairman may at any time resign his office by notice in
writing to the Governor.
(4) The hearing of an appeal may be continued notwith-
standing any change in the membership of an Appeal Board as if
the change had not occurred:

Provided that no person shall be appointed as a member of an
Appeal Board before which the hearing of an appeal has been
commenced without the consent of the parties.

35. (1) This section applies where-

(a)an Appeal Board has reversed or varied a decision, require-
ment or specification of the Authority or an authorized
officer; and

(b) the Authority considers that exceptional circumstances
require the review of the Board's decision in the public
interest. 'I

(2) The Authority may, where this section applies, within 14
days of being notified of a decision of an Appeal Board refer the case
for review by the Governor in Council.
(3) Where the Authority has referred a case for review under
subsection (2), he shall forthwith notify the other party in writing of
the reference, giving his reasons for seeking the review and inviting
the other party, within 14 days of receiving the notice, to submit
written representations concerning the review for consideration by
the Governor in Council.
(4) Upon a reference under subsection (2) and upon the expiry
of the period of 14 days referred to in subsection (3) the Governor in
Council may review the case, considering any representations sub-
mitted under subsection (3) and may confirm, reverse or vary the
decision of the Appeal Board.

36. (1) The Chairman may of his own motion, before an
appeal is determined, refer any question of law to the Court of
Appeal by way of case stated.





(2) On the hearing of the case the Court of Appeal may amend the
case or order it to be sent back to the Appeal Board for amendment.

PART VII

MISCELLANEOUS

37. (1) For the purpose of encouraging reduction of air pollution, the
Secretary, after consultation with the Environmental Pollution Advisory
Committee, may give advice, either generally in the form of Codes of
Practice or particularly in writing, to any person operating or maintaining
any chimney or relevant plant, or conducting any specified process, as to
the construction, maintenance or manner of using or conducting the
same or as to the kind of fuel or any other material to be used therein.
(Amended, L.N. 165184)

(2) Failure on the part of any person to observe the provisions of
any such Code or to accept any such advice shall not of itself render that
person liable to criminal proceedings of any kind, but any such failure
may,. in any proceedings whether civil or criminal and including
proceedings for an offence under this Ordinance, be relied upon by any
party to the proceedings as tending to establish or to negative any
liability which is in question in those proceedings.

38. (1) Where on an application under section 14, 16, 18 or 18A, any
objection to the grant of the application is duly made to the Authority,
he may hear the applicant and any objector if he considers it expedient
for the purpose of obtaining information relevant to any question to be
decided. (Amended, 23 of 1987, s. 14)

(2) The procedure to be followed at, or for the purpose of
convening, any hearing under subsection (1) shall be determined by the
Authority.

39. (1) The Authority shall cause to be kept, in such form as the
Secretary may determine, a register containing details of

(a) applications required to be entered under section 14(3)(a);

(b)the particulars and information contained in notices given to
the Authority pursuant to section 19(1);

(c) all exemptions under section 20;

(d) all licences;

(e)such other matters as may be required by regulations made
under section 43 to be recorded in the register.

(2) Upon application in writing to the Authority, the register shall
be open for inspection by the public during normal office hours at such
places as the Secretary thinks fit.





(3) A person shall be entitled, upon payment of the prescribed fee,
to a copy of any entry in the register certified by or on behalf of the
Authority.

40. (1) Any person may apply to the Secretary to withhold from
public notification or other public access under this Ordinance any
information concerning a specified process, whether appearing in a
licence or an application therefor or in any notice, return or other
document.

(2) An application under subsection (1) shall be granted by the
Secretary to the extent that he is satisfied that public notification or
other public access to the information would

(a)be contrary to the applicant's private interest to an
unreasonable degree; or

(b) be contrary to the public interest.

(3) Where an application under this section is refused by the
Secretary, whether in whole or in part

(a)notice of the refusal and of the reasons therefor shall be given
in writing by the Secretary to the applicant;

(b)the information shall not be publicly notified or otherwise
made accessible to the public until the time for appeal under
section 31(2) has expired, or, if notice of appeal is lodged
before that time, until determination or withdrawal of the
appeal.

41. (1) A person commits an offence who, except in the
circumstances provided for in subsection (2), discloses or gives to
another person any information or document concerning a trade,
business or manufactory secret which has come to his knowledge or into
his possession in the course of the exercise or performance of his
powers, functions or duties under this Ordinance.

(2) A person does not commit an offence under subsection (1) if he
discloses or gives any information or document to another person

(a)for the purpose of the exercise or performance of his functions,
duties or powers under this Ordinance or proceedings
connected therewith;

(b) pursuant to an order of a court under subsection (3);

(c)with the consent in writing of all such persons as appear to
him, after reasonable inquiry, to be interested in the
confidentiality of the information or document.

(3) Where in any proceedings a court considers that the justice of
the case so requires, the court may order the disclosure of any
information or the giving of any document referred to in subsection (1).





(4) Any person who commits an offence under subsection (1)
is liable to a fine of $10,000 and to imprisonment for 6 months.

42. (1) No liability shall rest on the Crown or upon any
public officer by reason of the fact that any licence or exemption
is granted or continued under this Ordinance.

(2) A public officer shall not be personally liable in respect of
any act or omission of his if it was done or made by him in the honest
belief that it was required or authorized in the exercise of any
function, duty or power of his under this Ordinance.

(3) The protection conferred on public officers by subsec-
tion (2) in respect of any act or omission shall not in any way affect
any liability of the Crown in tort for that act or omission.

43. (1) For the purposes of this Ordinance, the Governor in
Council may, after consultation with the Environmental Pollution
Advisory Committee, by regulation provide for- (Amended, L.N.
165184)

(a) the designation of noxious or offensive emissions;

(b)the abatement, prohibition and control of the emission
into the atmosphere of air pollutants;

(c)methods to be used for the measurement of the composi-
tion, concentration, quantity, quality or density of any air
pollutant emitted from any chimney or relevant plant or
passing through any chimney;
(d)the provision of any apparatus or device for indicating the
composition, concentration, quantity. quality or density of
any air pollutant emitted from any chimney or relevant
plant or passing through any chimney;

(e)the modification or replacement of or prohibition of the
use of any chimney or relevant plant or any class thereof,
either generally or in any particular case;

the prohibition of the installation of any chimney or
relevant plant without the approval of the Authority;

(g)the court to make orders prohibiting the use of any
chimney or relevant plant installed, altered, modified or
operated in contravention of this Ordinance or requiring
any such chimney or relevant plant to be dismantled;

(h)the adoption of precautions against the emission of air
pollutants from any chimney or relevant plant, or any class
thereof,

(i)the employment of competent persons to be in charge of
the operation of any relevant plant, or any class thereof,

the prohibition or restriction of the burning in or at any
place whatsoever of any kind of material that may evolve
air pollutants;





(k)the prohibition or control of any process or procedure used
in or in connection with-
(i) the operation of any chimney or relevant plant, or
any class thereof, or
(ii) the conduct of any specified process, or any class
thereof;

(1)in relation to any specified process, or any class thereof, the
installation and use or operation of any specified type of
equipment;

(m)any matters required to implement the provisions of Part
IV relating to licences or exemptions;

(ma)the time when an annual charge prescribed for the pur-
poses of section 15A or 26A is to be paid, the recovery of
such charge (if not paid) as a civil debt, the waiver or
refund of such charge and for other matters relating to
such charge; (Added, 23 of 1987, s. 15)

(n)the particulars and information to be contained in a
register;

(o) (i) the imposition of requirements as to the composi-
tion, concentration, quantity, quality, viscosity or density
and the use of any kind of fuel or any kind of other
material that may evolve air pollutants; and
(ii) where any such requirements are in force, the prohi-
bition or restriction of the production, treatment, distribu-
tion, import, storage, sale or use of any fuel, or any kind of
other material that may evolve air pollutants, which in any
respect fails to comply with the requirements and which is
for use in Hong Kong;

(p)the specification of the kinds of fuel, or any kind of other
material that may evolve air pollutants (including fuel or
other material used in the propulsion of any vessel, motor
vehicle, railway locomotive or aircraft), and the kinds of
relevant plant (including any furnace or engine used in the
propulsion of any vessel, motor vehicle, railway locomo-
tive or aircraft) to which the regulations are to apply;

(q)the making of orders prohibiting the use of any particular
fuel, or any kind of other material that may evolve air
pollutants, or class or mixture of fuels, or such other
materials, in any relevant plant;

(r)the application of standards, specifications, descriptions or
tests laid down in documents not forming part of the
regulations;

(s)the keeping of records and statistics relating to the emis-
sion of air pollutants from any chimney, relevant plant, or
the composition, concentration, quantity, quality or den-
sity of fuel, or any kind of other material that may evolve





air pollutants, used in any relevant plant, or any class
thereof;

(t)the manner of determining the amount of compensation
payable under sections 24 and 25, the factors to be taken
into account or disregarded and the principles to be
applied in determining that amount;

(u)the forms to be used and the procedure to be followed for
the purposes of appeals under Part VI;

(v)authorizing the Authority to confer exemptions from any
provisions of the regulations;

(w)the amendment by order of the Governor of any Schedule
to regulations made under this Ordinance;

(x)the application of section 31(3) in the case of any appeal
from a decision, requirement or specification of a public
officer under any regulations made under this Ordinance;

(y)unless otherwise provided prescribing anything which
under this Ordinance is to be or may be prescribed;

(z)the better carrying out generally of the provisions and
purposes of this Ordinance.

(2) Regulations made under this section may be of general
application or limited to any particular air control zone or other
area or district or to any particular chimney, relevant plant or
specified process, or any class or kind thereof.

(3) Without prejudice to the generality of subsection (1),
where fuel, or other material, is subject to the requirements as to
composition, concentration, quantity, quality, viscosity or density
imposed by regulations under this section, the regulations may, in
order that persons to whom the fuel, or other material, is supplied
are afforded information as to its composition, concentration,
quantity, quality, viscosity or density, impose requirements for
securing that the information is displayed at such places and in such
manner as may be prescribed.

(4) Regulations made under this section may provide that a
contravention of specified provisions thereof or of specified condi-
tions of a licence shall be an ofrence and may provide penalties
therefor not exceeding a fine of $20,000 and imprisonment for 6
months, and in addition, if the offence is a continuing offence, to a
fine not exceeding-

(a) $100 in respect of every one quarter of an hour; or

(b) $5,000 in respect of each day,

during the whole or any part of which the offence continues, as the
circumstances may require. (Amended, 23 of 1987, s. 15)

44. (1) Subject to this section, this Ordinance shall bind the
Crown.





(2) Section 10, 12 or 13 shall not have effect to permit pro-
ceedings to be taken against, or to impose any criminal liability
on, the Crown or on any person who causes or permits to be emitted
any air pollutant or conducts any specified process which he is
required to emit or conduct in the course of carrying out his duties in
the service of the Crown.

(3) If it appears to the Authority that any emission of an air
pollutant or conduct of a specified process is being, or has been,
emitted or conducted in contravention of section 10, 12 or 13, by any
person in the course of carrying out his duties in the service of the
Crown, the Authority shall, if the contravention is not forthwith
terminated to his satisfaction, report the matter to the Chief
Secretary.

(4) On receipt of a report under subsection (3) the Chief
Secretary shall enquire into the circumstances and, if his enquiry
shows that a contravention of section 10, 12 or 13 is continuing or
likely to recur, he shall ensure that the best practicable steps are
taken to terminate the contravention or avoid the recurrence.

(5) Any notice or application under this Ordinance concern-
ing the emission of an air pollutant or the conduct of a specified
process which is to be, or may be, given or made by or on behalf
of the Crown may be given or made by any public officer on behalf
of the Crown.

(6) Any notice under this Ordinance concerning the emission
of an air pollutant or the conduct of a specified process which is to
be, or may be, given by the Authority to the Crown shall be given to
the principal officer of the Government Department which appears
to the Authority to be responsible for the emission or conduct or, in
the event of any question arising as to which Department is respon-
sible, to such public officer as the Chief Secretary shall determine,

(7) No fee or charge prescribed for the purposes of this
Ordinance shall be payable by the Crown.

45. If any question arises as to who are the body of persons for
the time being constituting the Environmental Pollution Advisory
Committee mentioned in sections 6, 7, 37 and 43 the matter shall be
referred to the Chief Secretary, who shall determine the question by
certificate under his hand.
(Amended, L.N. 165184)

46. A complaint or information in respect of an offence under
this Ordinance shall be made or laid, as the case may be, within-

(a)6 months from the time when the matter of such complaint
or information respectively first came to the knowledge of
the Authority or an authorized officer; or

(b) 1 year from the time of the commission of the offence,

whichever is the earlier.





47. (1) Subject to this section, prosecutions for offences against
this Ordinance may be brought in the name of the Authority, and may be
commenced and conducted by any public officer appointed under
section 13 of the Magistrates Ordinance.

(2) Nothing in this section shall be deemed to derogate from the
powers of the Attorney General in relation to the prosecution of
offences.

48. In any proceedings for an offence under this Ordinance relating
to the emission of an air pollutant it shall be a defence to prove the
contravention complained of was

(a)solely due to the lighting up of a relevant plant which was
cold and that the best practicable means had been taken to
prevent or minimise the emission of the air pollutant; or

(b)solely due to some failure of a chimney or relevant plant or of
an apparatus used in connection with a chimney or relevant
plant and that

(i) the failure could not have reasonably been foreseen, or if
foreseen, could not reasonably have been provided against;

(ii) the contravention could not reasonably have been
prevented by action taken after the failure occurred; and

(iii) as soon as was reasonably practicable after the
occurrence of the failure the Authority was informed thereof in
writing.

49. The provisions of this Ordinance shall be in addition to and not
in lieu of the provisions of any other Ordinance.

FIRST SCHEDULE [ss. 2 & 11.]

Process Description

1. Acrylates Works Works in which acrylates are-

(a) made;

(b) purified; or

(c) made or purified and polymerised.

2. Aluminium WorksWorks of the following kinds in which the pro-
cessing capacity exceeds 1 tonne (expressed as
aluminium) or, if the mode of operation is con-
tinuous, 0.67 tonne (expressed as aluminium) per
hour, and in which-
(a)aluminium swarf is degreased by the applica-
tion of heat;
(b)aluminium or aluminium alloys are recovered
from aluminium or aluminium alloy scrap
fabricated metal, swarf, skimmings, drosses
or other residues by melting but not includ-
ing works in which aluminium or aluminium
alloys are separated from ferrous metals by
liquation in sloping hearth furnaces;
(c)molten aluminium or aluminium alloys are
treated by any process involving the evolu-
tion of chlorine or its compounds;





Process Description

(d)aluminium is extracted from any material
containing aluminium; or

(e)oxide of aluminium is extracted from any
ore;

and any materials used in the above processes.

3. Cement Works Works in which the total silo capacity exceeds
10 000 tonnes and in which cement is handled or
in which argillaceous and calcareous materials are
used in the production of cement clinker and
works in which cement clinker is ground.
4. Ceramic Works Works in which the processing capacity exceed 2
tonnes or, if the mode of operation is continuous,
0.67 tonne per day, and in which-
(a) pottery products (including domestic earth-
enware and china, sanitary ware, electrical
porcelain, glazed tiles and teapots) are made
in intermittent kilns fired by coal or oil;
(b) heavy clay or refractory goods are fired by
coal or oil in-
(i) intermittent kilns;
(ii) continuous grate-fired kilns, not being
tunnel kilns; or
(iii) any kiln in which a reducing atmos-
phere is essential; or
(c) salt glazing of any earthenware or clay mate-
rial is carried on.

5. Chlorine Works Works in which chlorine is made or used in any
manufacturing process.
6. Copper Works Works in which the processing capacity exceeds
0.5 tonne (expressed as copper) or, if the mode of
operation is continuous, 0.45 tonne (expressed as
copper) per hour and in which-
(a) by the application of heat-
(i) copper is extracted from any ore or
concentrate or from any material containing
copper or its compounds;
(ii) molten copper is refined;
(iii) copper or copper alloy swarf is de-
greased; or
(iv) copper alloys are recovered from
scrap fabricated metal, swarf or residues by
processes designed to reduce the zinc con-
tent; or
(b) copper or copper alloy is melted and cast in
moulds the internal surfaces of which have
been coated with grease-bound or oil-bound
dressings.

7. Electricity Works Works in which fossil fuel is burnt either wholly
for or as part of the process of electricity genera-
tion where the installed generation capacity of
such works exceeds 5 MW.
8. Gas Works Works in which coal, coke, oil or any mixtures or
derivatives thereof are handled or prepared for
carbonization or gasification and in which such
materials are subsequently carbonized or gasified.
9. Iron and Steel Works Works in which the installed furnace capacity
exceeds 1 tonne, or, if the mode of operation is
continuous, I tonne per hour, and in which a






ferrous metal melting process for casting is
carried out. (Amended, 23 of 1987, s. 16)





Process Description

10. Metal Recovery WorksWorks in which scrap metals are treated in any
type of furnace for recovery of metal with a
processing capacity exceeding 50 kg per hour,
where this is the primary object of the works.
11. Mineral Works Works in which the processing capacity exceeds
5 000 tonnes per annum and in which metallurgi-
cal slags or pulverised fuel ash or minerals are
subjected to any size reduction, grading or heat-
ing by processes giving rise to dust, including the
subsequent handling of the products of any such
process.
12. Incinerators Works in which the installed capacity exceeds 0.5
tonne per hour and which are used for the destruc-
tion by burning of wastes or refuse.
13. Petrochemical WorksWorks in which the processing capacity exceeds
200 tonnes per annum, and in which-
(a) any products of pertroleum are prepared or
used, except as solvent, in any chemical
manufacturing process, not being a chemical
manufacturing process described in any
other specified process; or
(b) used lubricating oil is prepared for re-use by
any thermal process.
14. Sulphuric Acid WorksWorks in which the installed capacity exceeds
1000 tonnes per annum and in which the manu-
facture of sulphuric acid is carried on by any
process, and works for the concentration or distil-
lation of sulphuric acid.
15. Tar and Bitumen WorksWorks of the following kinds in which the in-
stalled capacity exceeds 3 000 tonnes per annum,
and in which-
(a) gas tar or coal tar is distilled or is heated in
any manufacturing process; or
(b) creosote or any other product of distillation
of gas tar or coal tar is distilled or is heated in
any manufacturing operation.
16. Frit Works Works in which the installed furnace capacity
exceeds 1 tonne and in which frit is made by
fusion of minerals and quenching.
17. Lead Works Works in which the installed capacity exceeds 0.4
tonne or, if the mode of operation is continuous
0.25 tonne per hour, and in which by the applica-
tion of heat, lead is extracted from any material
containing lead or its compounds and works in
which compounds of lead are manufactured from
metallic lead or its compounds by dry processes
which give rise to dust and fumes.
18. Amines Works Works in which the processing capacity exceeds
1000 tonnes per annum and in which-
(a) any methylamine or any ethylamine is made;
or
(b) any methylamine or any ethylamine is used
in any chemical process.
19. Asbestos WorksWorks in which the installed capacity exceeds 200
tonnes (expressed as asbestos) per annum and in
which the preparation and fabrication of asbestos
is carried out.





Process Description

20. Chemical Incineration Works in which installed capacity exceeds 100 kg
Works per hour and are used for the destruction by
burning of wastes produced in the course of
organic chemical reactions which occur during
the manufacture of materials for the fabrication
of plastics and fibres, and works for the destruc-
tion by burning of chemical wastes containing
combined chlorine, fluorine, nitrogen, phos-
phorus or sulphur.

21. Hydrochloric Acid WorksWorks of the following kinds in which the
installed
capacity exceeds 1000 tonnes per annum-
(a)hydrochloric acid works or works where
hydrochloric acid gas is evolved either during
the preparation of liquid hydrochloric acid
or for use in any manufacturing process or as
the result of the use of chlorides in a chemical
process;
(b)tinplate flux works, works in which any resi-
due or flux from tinplate works is calcined
for the utilization of such residue or flux, and
in which hydrochloric acid gas is evolved; or
(e)salt works (not being works in which salt is
produced by refining rock salt, otherwise
than by the dissolution of rock salt at the
place of deposit) in which the extraction of
salt from brine is carried on, and in which
hydrochloric acid gas is evolved.
22. Hydrogen Cyanide WorksWorks in which the installed capacity exceeds
1000 tonnes per annum and in which hydrogen
cyanide is made or is used in any chemical manu-
facturing process.

23. Sulphide Works Works in which the processing capacity exceeds
1000 tonnes (expressed as sulphuretted hydrogen)
per annum and in which sulphuretted hydrogen is
evolved by the decomposition of metallic sul-
phides, or in which sulphuretted hydrogen is used
in production of such sulphides, or any works in
which sulphuretted hydrogen is evolved as part of
a chemical process not being a chemical process
described in any other specified process.

SECOND SCHEDULE[ss. 15(4), 18(7), 18A(8),
22(6) & 23(7).]

TERMS AND CONDITIONS SUBJECT TO WHICH A
LICENCE
MAY BE GRANTED OR AN EXEMPTION CONTINUED

1.The place and times or periods at or during which the emission of air pollutants
may take place.

2.The design and construction of any chimney or relevant plant or equipment
used in connexion with the emission of any air pollutant.

3.The rate of discharge of any air pollutant or total amount thereof in relation to
the matter discharged or any constituent thereof.

4.The nature, composition, colour or temperature of the matter discharged or any
constituent thereof.







5.The treatment of any potential air pollutant before it is discharged and the
chimney or relevant plant or equipment to be provided, maintained and used
therefor.





6.The equipment and facilities to be provided for inspecting, sampling or
measuring the emission of any air pollutant or any constituent thereof.

7.The maintenance and security of any equipment and facilities referred to in
paragraph 6.

8.The provision to the Authority of samples, and of the results of the analysis of
samples, of air pollutants or any material that may evolve air pollutants.

9.The keeping of records in relation to the matters mentioned in paragraphs 3
and 4.

10.The access of authorized officers to the equipment, facilities and records
referred to in paragraphs 6 and 9.

11.Any matters relating to care and maintenance in relation to the provisions of
paragraphs 3 and 4.

THIRD SCHEDULE [s. 20(2).]

Item Specified Process Premises

1 Electricity Works Castle Peak 'A' Power Station-

Tap Shek Kok, New Territories

(Tuen Mun Town L2. Electricity WorksCastle Peak 'B' Power StationTap
Shek Kok, New Territories (Tuen
Man Town L3. Electricity WorksLamma Island Power Station-Po Lo
Tsui, Lamma Island (Lot 1934 in
Demarcation District No. 3)

4. Cement Works Picnic Bay, Lamma Island (Lot 64
in Demarcation District No. 6)
5. Cement Works Tap Shek Kok, New Territories
(Tuen Mun Town Lot No. 201)
6. Cement Works Picnic Bay, Lamma Island (Quarry
Allocation in Demarcation District
No. 6)
7. Chlorine Works Tsing Yi Island (Tsing Yi Island
Town 8. Petrochemical WorksTsing Yi Island (Tsing Yi Island
Town Lot No~ 59) (Styrene Train
No. 2)

9. Gas Works Tai Po Area 26, New Territories
(Tai Po Town Lot No. 46)
(Amended, 23 of 1987, s. 17)

FOURTH SCHEDULE [s. 26(2).]

DETERMINATION OF COMPENSATION

1. A person who claims compensation under section 24 or 25 shall submit to
the Authority particulars in writing of his claim.

2. (1) A claim tinder paragraph 1 shall be submitted-

(a)where a licence or exemption is cancelled, within 1 year after the
cancellation;







(b)where a licence or exemption is varied so as to impose additional
obligations on either the licence holder or the owner of the premises used
for the conduct of the specified process to which the exemption relates, as
the case may be within 1 year after the completion of the works
attributable solely to the requirement of the Authority.





(2) The period referred to in sub-paragraph (1) may, upon application made to
the Governor either before or after the expiry of that period, be extended in
accordance with this paragraph.

(3) Notice of an application under sub-paragraph (2) shall be given to the
Authority by the applicant.

(4) The Governor may extend the period within which particulars of a claim
must be submitted to the Authority if he considers that the delay in submitting such
particulars was occasioned by mistake of fact or mistake of any matter of law
(other than the matters contained in sub-paragraph ffi) or by any other reasonable
cause or that the Crown is not materially prejudiced by the delay.

(5) An extension may be granted by the Governor under sub-paragraph (4)
with or without conditions for such period as he thinks fit but not in any case
exceeding 6 years from the time when the right to compensation first arose.

3. If the Authority and the claimant do not agree on the settlement or
compromise of the claim within 3 months of the submission or particulars under
paragraph 1, the claimant may notify the Authority that he desires a reference to
the Lands Tribunal and the Authority shall thereupon refer the claim with the
particulars thereof to the Lands Tribunal.

4-7. [Deleted, 23 of 1987, s. 18]

8. The Lands Tribunal may direct that interest be paid on compensation (but
not on costs) from such date and for such period as the Lands Tribunal thinks fit, at
the lowest rate paid from time to time by members of The Hong Kong Association
of Banks on time deposits or at such other rate as may be determined by resolution
of the Legislative Council.

(Fourth Schedule amended, 23 of 1987, s.
18)
Originally 17 of 1983. L.N. 165/84. 23 of 1987. L.N. 303/83. Short title. Interpretation. First Schedule. Application . Authority and authorized officers. Governor may give directions. Air control zones. Secretary to establish quality objectives. Authority to seek to achieve quality objectives. Notice of air pollutant nuisance to owner premises. Penalty for failure to abate air pollutant nuisance. Power to amend First Schedule. Prevention of discharge of noxious or offensive emissions. Licence required to use premises for specified process. Application for licences. Grant or refusal of licences. Second schedule. Payment of annual charges by licence holders. Renewal of licences. Cancellation or variation of a licence. applications for and variations of licences. Second Schedule. Application for transfer of licences. Second Schedule. Supply of incorrect information, etc. Notices of existing premises used for specified processes. Exemption of certain premises. Third Schedule. (Cap. 28.) Cessation of exemption on conviction under section 19(3). Cessation of exemption in certain circumstances and application for licence. Further powers in relation to an existing specified process. Second Schedule. Exempted premises---approval of changes. Second Schedule. Compensation for cancellation or variation of licences. Compensation for cancellation or variation of exemptions with the approval of the Governor in Council. Assessment of compensation. Fourth Schedule. Payment of annual charges by owners of exempted premises. Authority may obtain information. Powers of entry and inspection, etc. Offences in relation to section 28. Power to require modification etc., of chimneys and relevant plant. Contravention of terms and conditions of licence, etc. When appeal may be brought; and effect thereof. Constitution of Appeal Board. (Cap. 336.) Exercise of Appeal Board's jurisdiction. Supplementary provisions as to Appeal Board. Review of appeal Board's decision by Governor in Council. Codes of Practice. Authority may hold a hearing. Authority to keep a register. Protection of private information from publicity. Offence to disclose secret information obtained officially. Protection of Crown and public officers. Regulations. Application of Ordinance to Crown. Environmental Pollution Advisory Committee. Limit of time for laying informations, etc. Prosecution of offences. (Cap. 227.) Defences in proceedings relating to emission of air pollutants. Provisions of Ordinance to be in addition to any other Ordinance.

Originally 17 of 1983. L.N. 165/84. 23 of 1987. L.N. 303/83. Short title. Interpretation. First Schedule. Application . Authority and authorized officers. Governor may give directions. Air control zones. Secretary to establish quality objectives. Authority to seek to achieve quality objectives. Notice of air pollutant nuisance to owner premises. Penalty for failure to abate air pollutant nuisance. Power to amend First Schedule. Prevention of discharge of noxious or offensive emissions. Licence required to use premises for specified process. Application for licences. Grant or refusal of licences. Second schedule. Payment of annual charges by licence holders. Renewal of licences. Cancellation or variation of a licence. applications for and variations of licences. Second Schedule. Application for transfer of licences. Second Schedule. Supply of incorrect information, etc. Notices of existing premises used for specified processes. Exemption of certain premises. Third Schedule. (Cap. 28.) Cessation of exemption on conviction under section 19(3). Cessation of exemption in certain circumstances and application for licence. Further powers in relation to an existing specified process. Second Schedule. Exempted premises---approval of changes. Second Schedule. Compensation for cancellation or variation of licences. Compensation for cancellation or variation of exemptions with the approval of the Governor in Council. Assessment of compensation. Fourth Schedule. Payment of annual charges by owners of exempted premises. Authority may obtain information. Powers of entry and inspection, etc. Offences in relation to section 28. Power to require modification etc., of chimneys and relevant plant. Contravention of terms and conditions of licence, etc. When appeal may be brought; and effect thereof. Constitution of Appeal Board. (Cap. 336.) Exercise of Appeal Board's jurisdiction. Supplementary provisions as to Appeal Board. Review of appeal Board's decision by Governor in Council. Codes of Practice. Authority may hold a hearing. Authority to keep a register. Protection of private information from publicity. Offence to disclose secret information obtained officially. Protection of Crown and public officers. Regulations. Application of Ordinance to Crown. Environmental Pollution Advisory Committee. Limit of time for laying informations, etc. Prosecution of offences. (Cap. 227.) Defences in proceedings relating to emission of air pollutants. Provisions of Ordinance to be in addition to any other Ordinance.

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