WASTE DISPOSAL ORDINANCE

WASTE DISPOSAL ORDINANCE

LAWS OF HONG KONG

WASTE DISPOSAL ORDINANCE

CHAPTER 354





CHAPTER 354

WASTE DISPOSAL ORDINANCE

ARRANGEMENT OF SECTIONS

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

PART I

PRELIMINARY

1. Short title and commencement .............. ... ... ... ... ... ... ... 4

2. Interpretation ............................ ... ... ... ... ... ... ... 4

PART II

WASTE DISPOSAL
PLAN

3. Preparation of draft waste disposal plans ... .. ... ... ... ... ... ... ... 7

4. Representations concerning draft waste disposal plan ... ... ... ... ... ... 8

5. Submission of draft waste disposal plan to Governor in Council ... ... ... ... 8

6. Power of Governor in Council upon submission of draft waste disposal plan ... 8

7. Revision of waste disposal plans ........... ... ... ... ... ... ... 9

8. Collection authorities and waste disposal authorities to have regard to waste

disposal plans ........................... ... ... ... ... ... ... ... 9

PART III

COLLECTION OF
WASTE-

9. Provision of collection and scavenging services ... ... ... .. ... . ... ... 9

10. Licensing ofeollection and scavenging services ... ... ... ... ... ... ... 9

11. Prohibition of unauthorized collection of waste ... ... ... ... ... ... ... 9

12. Occupier of building may remove household waste in certain circumstances ... 10

13. Collection of trade waste, livestock waste or animal waste and removal of livestock

waste and animal waste ... ... ... ... ... ... ... ... ... ... ... ... 10

14. Property in collected waste, etc . ... ... ... ... ... ... ... ... ... ... ... 10

PART IIIA

CONTROL OF LIVESTOCK
WASTE

15. Prohibiting livestock ... ... ... ... ... ... ... ... ... ... ... ... ... 11

15A. Livestock waste controls ... ... ... ... ... ... ... ... ... ... ... ... 11

15B. Compensation for seizure of livestock ... ... ... ... ... ... ... ... ... 11







15C. Forfeiture of livestock ... ... ... ... ... ... ... ... ... ... ... ... ... 12

15D. Seizure of livestock ... ... ... ... ... ... ... ... ... ... 12

15E. Restriction on seizure of livestock ... ...---... ... ... ... ... ... ... 13





Section .........................Page
PART IV
DISPOSAL OF WASTE

16. Prohibition of unauthorized disposal of waste ... ... ... ... ... ... ... 14

17. Notice to be given before disposal of certain wastes ... ... ... ... ... ... 14

18. Penalties for offences under sections 16 and 17 and defences ... ... ... ... 14

19. Information as to waste delivered for disposal ... ... ... ... ... ... ... 15

20. Prohibition on import of waste into Hong Kong ... ... ... ... ... ... 15

PART V

LICENCES

21. Applications for and grant of licences .... ... ... ... ... ... ... ... 16

22. Effect of licences ..................... ... ... ... ... ... ... ... ... 16

23. General provisions as to licences ......... ... ... ... ... ... ... ... 16

PART VA

ENFORCEMENT

23A..............Authorized officers .......... ... ... ... ... ... - ... ... .. ... 17

23B.......................Power of authority to obtain information ... ... ... ... ... ... ... ... 18

23C. Powers of authorized officers to enter premises, etc. ... ... ... ... ... ... is

23D.....................Other powers of authorized officers ... ... ... ... ... ... ... ... ... 19

23E..............Analysis of samples .......... ... ... ... ... ... ... ... ... ... ... 19

23F.........................Offences in relation to enforcement powers ... ... ... ... ... ... ... 20

PART VI

APPEALS

24. When appeal may be brought ............. ... ... ... ... ... ... ... 21
25. Constitution of Appeal Board .............. ... ... ... ... ... ... ... 21

26. Exercise of Appeal Board's jurisdiction ... ... ... ... ... ... ... ... 22
27. Supplementary provisions as to Appeal Board ... ... ... ... ... ... ... 22

28. Review of Appeal Board's decision by Governor in Council ... ... ... ... 23

29. Case may be stated ..................... ... ... ... ... ... ... ... 23

PART VII

MISCELLANEOUS

30. Governor may give directions .............. ... ... ... ... ... ... ... 23

31. Mental Ingredient of offences under sections 11, 15, 15A, 16 and 17 ... ... ... 24
32. Protection of Crown, Urban Council, Regional Council, etc. ... ... ... 24

33. Regulations ............................... ... ... ... ... ... ... ... 24





Section Page
34. Environmental Pollution Advisory Committee... ... ... ... ... ... ... 25
35. Codes of Practice ... ... ... ... ... ... ... ... ... ... ... ... ... ... 25
36. Application of Ordinance to Crown ... ... ... ... ... ... ... ... ... ... 26
37. Amendment of Schedules ... ... ... ... ...... ... ... ... ... 26

First Schedule. Livestock Waste Prohibition Areas ... ... ... ... ... ... ... ... 27
Second Schedule. Livestock Waste Control Areas ... ... ... ... ... ... ... ... ... 28
Third Schedule. Enlarged Areas ... ... ... ... ... ... ... ... ... ... ... ... 29
Fourth Schedule. Exempt Persons ... ... ... ... ... ... ... ... ... ... ... ... 34





CHAPTER 354
WASTE DISPOSAL
rovidefor the collection and disposal of waste.

[Parts I, Ill and VI
Part V (other than sections 21(2)
and 22(2)) 19 May 1980.
Part VII (other than sections 33, 35
and 36(2) to (6))

Sections 33 and 35- 1 May 1985.]

PART I

PRELIMINARY

1. (1) This Ordinance may be cited as the Waste Disposal
Ordinance.

(2) This Ordinance shall come into operation on a day to be
appointed by the Governor by notice in the Gazette, and notice under
this section may appoint different dates for different provisions of this
Ordinance.

2. (1) In this Ordinance, unless the context otherwise requires

'analyst' means the Government Chemist or any person appointed by
the Governor under section 23E(5); (Added, 58 of 1987, s.2)

animal waste' means

(a) the manure or urine of any animal; or

(b)any dead animal or any part of any dead animal not fit for, or
not intended for, human consumption; or

(c)any bedding, straw or other waste contaminated by the
manure or urine of any animal; (Replaced, 58 of 1987, s.2)

,,authorized officer' means a public officer authorized under section

23A;(Added, 58 of 1987, s. 2)





'Code of Practice' means any Code of Practice prepared or revised by
the Secretary for Healtly and Welfare under section 35; (Added,
58 of 198 7, s. 2) p

collection authority' means-

(a)in respect of the Urban Council area, the Urban Council and
the Director; (Amended, 8 of 1986, s. 8 and 58 of 1987, s. 2)

(b)in respect of the Regional Council area, the Regional Council
and the Director; (Replaced, 8 of 1986, s. 8. Amended, 58 of
1987, s. 2)

'Director' means the Director of Environmental Protection;

(Added, L.N. 74/86)

'enlarged area' means those parts of

(a) a livestock waste prohibition area; or

(b) a livestock waste control area,

specified in the third column of the Third Schedule by reference to
maps identified therein and signed by and deposited with the
Director, which abut or share a common boundary with one or
more livestock waste control areas; (Added, 58 of 1987, s. 2)

'exempt person' means any person or any classes of person specified
in the Fourth Schedule; (Added, 58 of 1987, s. 2)

'household waste' means waste produced by a household, and of a
kind that is ordinarily produced by a dwelling when occupied as
such;

'keep' includes breed, house, tend, look after or control and 'kept' and
'keeping' shall be construed accordingly; (Added, 58 of 1987, s. 2)

'lairage' means that part of a slaughterhouse or abattoir used for the
admission or confinement of animals; (Added, 58 of 1987, s.2)

'livdstock' means pigs or poultry; (Added, 58 of 1987, s. 2)

'livestock keeper' means

(a) an owner of livestock; or

(b)an owner, lessee or occupier or person responsible for the
management of livestock premises; or

(c)any person keeping livestock or having the custody or
possession of livestock; or

(d) any former livestock keeper,

but does not comprise exclusively any exempt person; (Added, 58
of 1987, s. 2)





'livestock premises' means

(a), any premises, buildings, land or land covered by water owned,
leased or occupied by a livestock keeper, his dependants or
employees for the purpose of keeping livestock and any
dwelling-place and ancillary buildings or structures connected
therewith;

(b)any other premises in or on which livestock are kept other
than any premises comprising any abattoir, slaughterhouse,
market, fresh provision shop, lairage or hatchery in which
poultry of not more than 12 days old are kept; and

(c) any former livestock premises; (Added, 58 of 1987, s. 2)

Iivestock waste' means animal waste produced by, or connected with,
livestock; (Added, 58 of 1987, s. 2)

'livestock waste control area' means a livestock waste control area
specified in the second column of the Second Schedule by
reference to maps identified therein and signed by and deposited
with the Director; (Added, 58 of 1987, s. 2)

'livestock waste prohibition area' means a livestock waste prohibition
area specified in the second column of the First Schedule by
reference to maps identified therein and signed by and deposited
with the Director; (Added, 58 of 1987, s. 2)

'livestock waste treatment plant' means a waste treatment plant at
which livestock waste is treated by biological, chemical, physical or
other means or any combination thereof in accordance with
regulations made under section 33; (Added, 58 of 1987, s.2)

'poultry' means chickens, ducks, geese, pigeons and quail;

(Added, 58 of 1987, s. 2)

'Regional Council area' has the meaning assigned to it in the District
Boards Ordinance; (Added, 8 of 1986, s. 8)

'relevant date' means

(a)in the case of a livestock waste prohibition area, the date
shown in the third column of the First Schedule in respect of
that area; or

(b)in the case of a livestock waste control area, the date shown in
the third column of the Second Schedule in respect of that
area; (Added, 58 of 1987, s. 2)

',slaughterhouse' and 'abattoir' has the meaning assigned to it in the
Public Health and Municipal Services Ordinance; (Added, 58 of
1987, s. 2)

',street waste' means dust, dirt, rubbish mud, road scapings or filth,
but does not include human excretal matter;

'trade waste' means waste from any trade, manufacture or business, or
any waste building or civil engineering materials, but does not
include animal waste;





'Urban Council area' has the meaning assigned to it in the District
Boards Ordinance; (Added, 8 of 1986, s. 8)

'waste' means any substance or article which is abandoned;

'waste collection licence' means a licence under section 10;

'waste disposal authority', in respect of all classes of waste, means the
Director; (Replaced, L.N. 74186)

'waste disposal licence' means a licence under section 16;

41waste treatment plant' means a plant at which waste is treated for the
purpose of removing therefrom (wholly or in part) pollutants
contained therein. (Added, 58 of 1987, s. 2)

(2) For the purposes of this Ordinance any substance or article
which is discarded or otherwise dealt with as waste shall be presumed
to be waste until the contrary is proved.

PART II

WASTE DISPOSAL PLAN

3. (1) The Secretary for Health and Welfare shall, after
consultation with the Environmental Pollution Advisory Committee, the
Urban Council in relation to the Urban Council area and the Regional
Council in relation to the Regional Council area, and having regard to
their views, prepare draft plans showing(Amended, L.N. 165/84 and 8
of 1986, s. 8)

(a)the arrangements made or proposed to be made for the
collection and disposal of

(i) all solid and semi-solid wastes other than those which
may be discharged into the atmosphere as particulates or
discharged into water as solids suspended in effluents; and

(ii) such other wastes, or classes of waste, as may be
prescribed; and

(b)all existing and proposed waste disposal sites and the
methods of waste disposal used or to be used at each site.

(2) Where the Secretary for Health and Welfare has prepared a
draft waste disposal plan under subsection (1) he shall publish in the
Gazette a notice in English and in Chinese

(a)giving particulars of the places and times at which a copy of
the draft plan may be inspected by the public; and

(b)specifying the time within which and the manner in which
representations concerning the draft plan may b ade

(3) Where the Secretary for Health and Welfare publishes a

notice under subsection (1) he shall not later than 7 days thereafter
publish a copy of the notice in 3 issues of 1 English language and of 2
Chinese language newspapers.





(4) A copy of the draft plan shall be available for inspection by
the public free of charge at such offices of the Government as the
Secretary for Health and Welfare thinks fit for a period of 45 days
from the date of publication of a notice under subsection (1) and
during the hours when those offices are normtalyl open to the public.

(5) The Secretary for Health and Welfare shall supply a copy
of the draft plan upon payment of such fee as may be prescribed.

(Amended, L.N. 244/81; L.Y 370/81 and L.N. 18/83)

4. (1) Any person wishing to make representations concern-

ing a draft waste disposal plan may, within a period of 45 days from
the date of publication of a notice under section 3(2), submit to the
Secretary for Health and Welfare his written resentations.


(2) The Secretary for Health and Welfare shall consider such

representations and may make any change to the draft plan which he
considers appropriate in consequence of the representations.

(Amended, L.N. 244/81; L.N. 370/81 and L.N. 18/83)

5. The Secretary for Health and Welfare shall, within 12

months from the last day of the period during which representations
may be made, submit the draft waste disposal plan to the Governor
in Council for approval and shall at the same time submit-

(a) a schedule of representations made under section 4: and

(b)a schedule of the changes made by him to the draft waste
disposal plan in consequence of the representations.

(Amended, L.N. 244/81; L.N. 370/81 and L.N. 18/83)

6. (1) Upon submission of a draft waste disposal plan under section
5, the Governor in Council shall

(a) approve the draft plan;

(b) refuse to approve it; or

(c) refer it back to the Secretary for Health and Welfare for
further consideration and amendment.

(2) Where the Governor in Council has either approved or refused
to approve a draft waste disposal plan, the Secretary for

Health and Welfare shall as soon as possible after such approval or
refusal give notice thereof in the Gazette of such approval or refusal; and
where the draft plan has been approved he shall also publish in the
Gazette a notice declaring the plan to be a waste disposal plan.

(3) A copy of any waste disposal plan shall be available for
inspection by the public free of charge at such offices of the
Government as the Secretary for Health and Welfare thinks
fit during the hours when the offices are normally open to the public

(4) The Secretary for Health and welfare shall supply a copy of any waste disposal
plan upon payment of such fee as may be prescribed.

(Amended, L.N. 244/81; L.N. 370/81 and L.N. 18/83)







7. The Secretary for Health and Welfare from time to time revise
any waste disposal plan and sections 3, 4, 5 and 6 shall apply to any
revision in like manner as they apply to a waste disposal plan.

(Amended, L.N. 244/81; L.N. 370/81 and L.N. 18/83)

8. In discharging their duties and functions under this Ordinance,
the collection authorities and the waste disposal authorities shall have
regard to the waste disposal plans.

PART III

COLLECTION OF WASTE

9. Subject to this Part, the collection authority may provide
services for

(a)the removal and disposal of household waste, street waste,
trade waste, livestock waste and animal waste; (Amended) 58
of 1987, s. 3)

(b) the cleansing and emptying of pail latrines;

(c) the descludging of aqua privies and septic tanks; and

(d)the removal and disposal of excretal matter from such latrines,
privies and tanks.

10. (1) Notwithstanding section 9, the collection authority may, by
licence, permit any person to provide services for all or any of the
matters referred to in that section.

(2) A licence under subsection (1) may specify the place and
method of disposal or may require that any waste or matter for disposal
be delivered to facilities provided by the collection authority or the
waste disposal authority.

(3) Where a licence under subsection (1) is granted by the Urban
Council as a collection authority, the fee for such licence shall be such
as the Urban Council may from time to time determine.

(4) Where a licence under subsection (1) is granted by the Regional
Council as a collection authority, the fee for such licence shall be such
as the Regional Council may from time to time determine. (Added, 8 of
1986, s. 8)

11. Subject to section 12, where in any area, the collection authority
has provided any services under section 9 or has, by licence under
section 10, permitted any other person to provide any of the services
specified in section 9, any person who, not being the holder of a licence
under section 10, provides any such services, that is to say any service
provided by the collection authority under section 9 or by any other
person under a licence under section 10, commits an offence and is liable
to a fine of $2,000.





12. (1) Notwithstanding section 11, it shall not be an offence under
that section for an occupier of any building, or any person responsible
for the management of any building, to remove household waste from
any building if

(a)the collection authority or any person holding a waste
collection licence neglects or fails for a period of 48 hours to
remove household waste for any building in respect of which
the authority or person provides that service under section 9 or
10; or

(b)no such service for the removal of household waste is
provided by a collection authority or a person holding a waste
collection licence.

(2) Any waste removed under subsection (1) may be disposed of
in any way permitted by law.

(3) Nothing in this section shall derogate from any regulations
made under section 15 of the Public Health and Municipal Services
Ordinance. (Amended, 10 of 1986, s. 32(1) )

13. (1) If the collection authority is requested by the owner or
occupier or person responsible for the management of any building or
land to remove any trade waste, livestock waste or animal waste, the
collection authority may remove it, and may recover from the person
requesting the removal a fee not exceeding the cost of removal and
disposal.

(2) The collection authority may by notice served on the owner or
occupier or person responsible for the management of any stable, cow-
house, pigsty, kennel, poultry farm or similar establishment require the
removal from the premises of livestock waste, animal waste, bedding,
straw or other waste.

(3) If, where a notice has been served under subsection (2), any
person, who is required by the notice to remove any livestock waste,
animal waste, bedding, straw or other waste from any premises specified
in the notice, fails to comply with that requirement, he commits an
offence and is liable to a fine of $2,000 and, in addition, if the offence is
a continuing offence to a fine of $200 for each day during which it is
proved to the satisfaction of the court that the offence has continued.

(Amended, 58 of 1987, s. 4)

14. All household waste, street waste, trade waste, livestock waste,
animal waste and any matter obtained from the cleansing and emptying
of pail latrines and the desludging of aqua privies and septic tanks,
collected by the collection authority in the operation of any service
provided under section 9 or section 13 or collected by a person licensed
by a collection authority under section 10 shall

(a)where the collection authority is the Urban Council, be the
property of the Urban Council;

(b)where the collection authority is the Regional Council, be the
property of the Regional Council; and (Replaced, 8 of 1986, s.
8)





(c)where the collection authority is the Director, be the property
of the Crown, (Added, 8 of 1986, s. 8)

and may be sold or disposed of by the Urban Council, the Regional
Council or the Director in such manner as the Urban Council, the
Regional Council or the Director, as the case may be, thinks fit.
(Amended, L.N. 67185; 8 of 1986, s. 8 and 58 of 1987, s. 5)

PART IIIA

CONTROL OF LIVESTOCK WASTE

15. (1) No person (other than an exempt person) shall keep
livestock in or on any premises in a livestock waste prohibition area
specified in the second column of the First Schedule after the relevant
date specified opposite thereto in the third column thereof.

(2) Any person who contravenes subsection (1) commits an
offence and is liable

(a) for a first ofrence, to a fine of $10,000; or

(b)for a second or subsequent ofrence, to a fine of $50,000; and

(c)in addition, if the offence is a continuing one, to a fine of $500
for each day on which it is proved to the satisfaction of the
court that the offence has continued.

15A. (1) No person (other than an exempt person) shall keep
livestock in or on any premises in a livestock waste control area
specified in the second column of the Second Schedule after the
relevant date specified opposite thereto in the third column thereof
unless that person complies with regulations made under section 33 in
relation to the collection, storage, treatment and disposal of livestock
waste generated or produced in or on livestock premises.

(2) Any person who contravenes subsection (1) commits an
ofrence and is liable to a fine of $10,000.

15B. (1) Where any livestock is seized

(a)in respect of an alleged contravention of section 15A(1) and
no person is subsequently convicted of an offence under that
subsection in relation to that livestock; or

(b) in contravention of section 15E(1),

and whether or not such livestock is subsequently released to the
owner of the livestock or the livestock keeper (other than the owner) on
the order of a magistrate or otherwise, the owner or person in lawful
possession of that livestock may within 6 months of such seizure or
later criminal proceedings (if any) apply to the District





Court or the High Court for compensation for any loss arising out of the
seizure, which loss shall be recoverable as a civil debt due from the
Government, and such application may be begun by motion.

(2) An award of compensation under subsection (1) shall be an
award of such sum, if any, as is just and equitable in all the
circumstances of the case, including the conduct and comparative
blameworthiness of

(a) the owner of the livestock;

(b) the livestock keeper (other than the owner);

(c)the person in charge of the livestock premises in or on which
the livestock was kept at the time of seizure; and

(d) the Director and any authorized officers concerned.

15C. (1) A court which convicts any person of an offence under
section 15 or 15A may, in addition to any other order that it makes, order
the forfeiture of any livestock in respect of which the offence is
committed.

(2) Where livestock in respect of which a person is convicted of an
offence under section 15 or 15A is sold or otherwise disposed of,
whether under section 15D(2) or otherwise, a court which subsequently
convicts any person who is the owner of the livestock of an offence
under section 15 or 15A may order

(a)in the case of a sale under section 15D(2), the forfeiture of a
sum of money equal to the balance referred to in section
15D(3); and

(b)in any other case, the forfeiture of a sum of money equal to
the value of the livestock at the time of its disposal.

15D. (1) Subject to section 15E, the Director may seize, detain and
dispose of any livestock that he has reasonable cause to suspect is
being kept in contravention of section 15 or 15A.

(2) Subject to subsection (4), where livestock is seized under
subsection (1) the livestock may be sold by the Director, whether or not
any person is prosecuted for, or convicted of, an offence under section
15 or 15A, and the proceeds of sale dealt with under subsection (3).

(3) Where livestock is sold under subsection (2) the proceeds of
sale shall be used to pay any costs incurred in the seizure, detention
and sale and the balance (if any)

(a) shall be paid to the person who-

(i) submits in writing to the Director within 28 days of the
sale a claim to such livestock; and

(ii) proves to the satisfaction of the Director that he was the
owner of the livestock at the time it was seized; or





(b)where it is not paid under paragraph (a), shall be forfeited
unless, within 2 months of the sale, a court otherwise orders
upon an application made by the Director or any person who
has an interest in the livestock.

(4) Where livestock seized under subsection (1) is of no
commercial value or the sale of the livestock is for any reason not
considered by the Director to be practicable the Director may order the
livestock to be destroyed or otherwise disposed of in such manner as he
thinks fit.

15E. (1) The Director shall not under section 15D(1) seize any
livestock that he has reasonable cause to suspect is being kept in
contravention of section 15A(1) unless he has first served on the owner
of the livestock or the livestock keeper (other than the owner) notice of
intended seizure in a form which the Director may specify and obtained
a warrant issued by a magistrate under -subsection (2) for that purpose.

(2) A magistrate may issue a warrant to the Director to seize
livestock that the Director has reasonable cause to suspect is being
kept in contravention of section 15A(1) if the magistrate is satisfied by
information on oath that there are reasonable grounds for seizing that
livestock.

(3) Where the Director seizes any livestock in accordance with a
warrant issued under subsection (2) he shall, if required, produce that
warrant.

(4) A notice under subsection (1) of intended seizure of any
livestock shall state

(a)the grounds upon which the Director seeks to rely in
reasonably suspecting that that livestock is being kept in
contravention of section 15A(1); and

(b)the date on which the Director intends to apply to a magistrate
for a warrant to seize that livestock being a date not less than 7
clear days following service of the notice.

(5) A notice under subsection (1) of intended seizure of any
livestock shall be deemed to have been duly served on the owner of the
livestock or the livestock keeper (other than the owner) if it

(a)is delivered to him, or to the person whom the Director believes
to be the owner or the livestock keeper; or

(b)is sent by recorded delivery to the livestock premises in or on
which the livestock the subject of the intended seizure is kept.

(6) The magistrate shall, before issuing a warrant under subsection
(2), give the owner of the livestock or the livestock keeper (other than
the owner) if present before him the opportunity of addressing him on
the reasonableness or otherwise of the grounds relied upon by the
Director under subsection (4)(a).

(Part IIIA added, 58 of 1987, s. 7)





PART IV

DISPOSAL OF WASTE

16. (1) Subject to subsection (2), a person shall not use, or permit
to be used, any land for the disposal of waste unless he has a licence
from the Director to use the land for that purpose. (Amended, L.N.
76/82 and L.N. 74/86)

(2) Subsection (1) shall not apply to the use of land for-

(a)the disposal of household waste from a private dwelling if the
disposal takes place within the curtilage of that dwelling;

(b)the disposal of waste if the land is used for tipping by the Civil
Engineering Services Department or such use is authorized by
the Director; (Amended, L.N. 76/82 and L.N. 127/86)

(c)the deposit of any inert matter used as landfIll (other than any
matter to which the Dangerous Goods Ordinance applies or
that is toxic);

(d)the deposit of any substance which is being used in the course
of agricultural or horticultural operations;

(e)the disposal of such other wastes, or classes of waste, or in
such circumstances as may be prescribed.

(3) Any person who contravenes subsection (1) commits an
offence.

(4) Where waste is disposed of on unleased land, as defined in the
Crown Land Ordinance, pursuant to a licence issued under section 5 of
that Ordinance, no licence under subsection (1) shall be required.

17. (1) Any person having in his possession waste of such a class
or of such a quantity as may be prescribed shall, before disposing of
that waste, give written notice to the Director of the class and quantity
of the waste, and shall not dispose of it except in accordance with
written directions given by the Director.

(2) Any person who-

(a)disposes of waste of such a class or of such a quantity as may
be prescribed without giving notice to the Director; or

(b)having given notice to the Director, disposes of that waste
otherwise than in accordance with directions given to him by
the Director,

commits an offence.

(Amended, L.N. 76/82 and L.N. 74/86)

18. (1) Any person who commits an offence under section 16 or 17
is liable





(a) for the first offence, to a fine of $50,000;

(b)for a second or subsequent offence, to a fine of $100,000; and

(c)in addition, if the offence is a continuing offence to a fine of
$500 for each day during which it is proved to the satisfaction
of the court that the offence has continued.

(2) A person does not commit an offence under section 16 or 17 if
he proves that the waste was disposed of in an emergency to avoid
danger to the public and as soon as was reasonably practicable he
informed the Director thereof in writing. (Amended, L.N. 76182 and L.N.
74186)

19. (1) The Director may require any WHO delivers to him for
disposal any waste (other than household waste) to state the nature of
the waste and to give such other information relating to the waste as the
Director may require. (Amended, L.N. 76/82 and L.N. 74/86)

(2) Any person who, in complying with a requirement under
subsection (1) makes any statement or gives any information which he
knows to be incorrect in a material particular or who recklessly makes a
statement or gives information which is incorrect in a material particular
or knowingly omits any material particular therefrom commits an offence
and is liable to a fine of $5,000.

20. (1) Any person who, without the permission of the Director,
imports into Hong Kong any waste for the purpose of disposing of it in
Hong Kong commits an offence and is liable to a fine of $50,000.

(2) Where a person is convicted of an offence under subsection (1)

(a) the Director may seize and dispose of the waste; or

(b)the court may order the convicted person, within a specified
time, to remove the waste from Hong Kong.

(3) A person who fails to comply with an order made under
subsection (2)(b) commits an offence and is liable to a fine of $50,000;
and, in the event of such failure to comply, the Director may seize and
dispose of the waste.

(4) Where the Director seizes and disposes of waste under this
section, he may recover, as a civil debt, the costs of seizure and
disposal from the importer of the waste or the owner of the waste.

(5) This section shall not apply to-

(a)any waste imported into Hong Kong for the purposes of any
manufacturing process;

(b)any waste imported into Hong Kong by a vessel, aircraft or
train for disposal in Hong Kong if such waste is incidental to or
derived from the normal operation of the vessel, aircraft or train
or its equipment.

(Amended, L.N. 76/82 and L.N. 74/86)





PART V

LICENCES

21. (1) A person who wishes to apply for a waste collection licence
shall apply to the collection authority in the prescribed form.

(2) A person who wishes to apply for a waste disposal licence shall
apply to the waste disposal authority in the prescribed form.

(3) An application under subsection (1) or (2) shall be accompanied
by the prescribed fee, the fee determined by the Urban Council under
section 10(3) or the fee determined by the Regional Council under
section 10(4), as the case may be. (Amended, 8 of 1986, s. 8)

(4) The appropriate licensing authority may either grant or refuse
to grant a licence.

(5) If he refuses to grant a licence, the licensing authority shall
within 30 days of such refusal notify the applicant in writing of his
refusal and shall inform him of his reasons therefor.

22. (1) A waste collection licence shall, subject to the terms and'
conditions thereof and during the period specified therein, authorize
and require, in relation to any area specified therein all or any of the
following

(a)the removal and disposal of household waste, street waste,
trade waste, livestock waste or animal waste; (Amended, 58 of
1987, s. 8)

(b) the cleansing and emptying of pall latrines;

(c) the desludging of aqua privies and septic tanks; and

(d)the removal and disposal of excretal matter from such latrines,
privies and tanks.,

which, but for such authorization, would be a contravention of section
11.

(2) A waste disposal licence shall, subject to the terms and
conditions thereof and during the period specified therein, authorize the
use of land for the disposal of waste, which, but for such authorization,
would be a contravention of section 16.

23. (1) A licence issued under this Ordinance shall be for such
period and may be subject to such terms and conditions as the
authority issuing the same thinks fit.

(2) Any licence issued under this Ordinance 'may, upon its expiry,
be renewed upon application and upon payment of the prescribed fee.

(3) Where a licence issued under this Ordinance is in force and the
authority by whom it was issued considers it necessary in the public
interest, the authority may, by notice in writing, to the holder of the
licence





(a) (i) impose new or amended terms or conditions subject

to the observance of which, as from a specified date, the
licence shall continue in force;

(ii) cancel the licence as from a specified date if the holder
fails to observe any such term or condition;

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

(e)revoke or amend or add to any notice previously given under
this subsection, or any part of such notice.

(4) Subject to subsection (5), the date specified in a notice for the
addition. or amendment of any term or condition under paragraph (a)(i)
or (c) of subsection (3) 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 holder of the licence.

(5) Where in the opinion of the authority by whom a licence is
issued it is necessary to amend or add a term or condition under
paragraph (a)(i) or (ii) or (c) of subsection (3) or cancel a licence or
consent under paragraph (b) thereof because the continuation of the
activities to which the licence relates would cause a danger to public
health or would be so seriously detrimental to the amenities of the area
affected by the activities that the continuation of them ought not to be
permitted, 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) Where a notice is given under subsection (4), 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 by whom the
notice was issued as to why any new or amended terms and conditions
should not be imposed or as to why the licence should not be cancelled.

(7) The authority by whom a notice under subsection (4) is issued
and to whom written submissions are. made by any person under
subsection (6) may, after considering such submissions, by further
notice to the said person withdraw the notice at any time before it
comes into effect.

PART VA

ENFORCEMENT

23A. Any public officer may be authorized in writing by-

(a) the Director; or

(b) the collection authority; or

(c) the waste disposal authority,

to perform or exercise all or any of the functions. duties or powers which
are imposed or conferred by this Ordinance upon the Director, the
collection authority or the waste disposal authority, as the





case may be, by which the public officer is so authorized, or which by
virtue of this Ordinance may be exercised by an authorized officer.

23B. (1) By notice in writing served on any person-

(a) the collection authority; or

(b) the waste disposal authority,

may require that person to furnish to the authority so requiring,
within such time and in such form as is specified in the notice, any
information specified in the notice which that authority may
reasonably require for the purpose of exercising and performing its
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 served on him under subsection
(1); or
(b)in purported compliance with such a notice, makes any
statement to the authority which he knows to be incorrect
in a material respect or recklessly makes any statement to
the authority which is incorrect in a material respect or
knowingly omits any material particular,

commits an offence and is liable to a fine of $10,000.

23C. (1) Subject to subsection (2), an authorized officer may,
for the purposes of this Ordinance, without a warrant enter any
place or premises, stop any vehicle, or stop and board any vessel if
he has reason to suspect that-

(a)the place, premises, vehicle or vessel is being used for, or in
connection with, the production, collection, storage, treat-
ment, transportation or disposal of any waste; or

(b)there is in the place, premises, vehicle or vessel any thing
likely to be, or to contain, evidence of an offence against
this Ordinance.

(2) An authorized officer shall not under subsection (1) enter
any domestic premises (other than that part of such premises in or
on which there is a waste treatment plant or facilities for the storage
of any waste) or board any vessel used wholly or principally for
dwelling purposes unless he has first obtained a warrant issued by a
magistrate under subsection (3) for that purpose.

(3) A magistrate may issue a warrant to any authorized officer
to enter domestic premises or to board any vessel used wholly or
principally for dwelling purposes if the magistrate is satisfied by
information on oath that there are reasonable grounds for suspect-
ing that-

(a)an offence against this Ordinance is being or has been
committed in or on those premises or on that vessel; and





(b)there is in or on those premises or on that vessel any thing
likely to be, or to contain, evidence of an offence against this
Ordinance.

(4) An authorized officer who enters any place or premises, stops
any vehicle or boards any vessel shall, if required

(a)produce evidence of his identity and of his authorization
under section 23A; and

(b)if a warrant is under this section required for entry, produce
that warrant.

23D. An authorized officer who has, pursuant to section 23C or any
warrant issued thereunder, entered any place or premises, stopped any
vehicle or boarded any vessel, or who has been allowed access to any
place, premises, vehicle or vessel in the course of his duties, may

(a)inspect therein any waste treatment plant or other plant or
equipment or observe any process or procedure which he has
reason to suspect is being, has been, or is intended to be,
used in connection with the collection, storage, treatment,
transportation or disposal of any waste;

(b)require the person in charge of the place, premises, vehicle or
vessel to do anything which the authorized officer reasonably
considers to be necessary for facilitating an inspection or
observation under paragraph (a);

(c)require the person in charge of the place, premises, vehicle or
vessel to produce for examination any drawing, record or
document which is in the possession of such person, or which
such person can reasonably obtain, relating to any waste
treatment plant or other plant or equipment inspected under
paragraph (a);

(d)seize, remove and detain any such drawing produced under
paragraph (c) or any other article or thing found therein if he
has reason to suspect that it is, or contains, evidence of an
ofrence against this Ordinance;

(e)examine and make copies of any records kept pursuant to any
requirement under this Ordinance or of any licence issued
thereunder;

(f) obtain samples of-

(i) any waste or any constituent of waste or of any matter
contaminated thereby; or

(ii) any waste which he has reason to believe may be
subject to disposal under section 17.

23E. (1) A certificate of analysis of a sample of any waste or other
matter obtained from any place, premises, vehicle or vessel under
section 23D(f) may be tendered in evidence in any proceedings under
this Ordinance and shall, until the contrary is proved, be





evidence of the facts stated therein if the procedure in this section
has been complied with, or substantially complied with so far as is
reasonably practicable, in relation to that sample.

(2) An authorized officer who obtains a sample of any waste
or other matter under subsection (1) shall-

(a) divide it into 3 approximately equal parts;

(b)place each part in a separate container and suitably mark
or label each container;

(c)ensure that the person in charge of the place, premises,
vehicle or vessel from which the sample is obtained or his
employee or agent-
(i) is handed one of the parts as that person or his
employee or agent may select or, if that is not reasonably
practicable, is handed or sent by post one of the parts as
the authorized officer may select; and
(ii) is informed that one of the other 2 parts is intended
to be submitted to the analyst for analysis; and

(d)personally submit one of the remaining 2 parts to the
analyst for analysis and retain the other.

(3) As soon as the analyst has completed an analysis under
subsection (2)(d) he shall furnish to the collection authority or the
waste disposal authority, as the case may be, and to the person in
charge of the place, premises, vehicle or vessel from which the
sample was obtained or his employee or agent, a certificate of the
results of the analysis.

(4) A certificate under subsection (3) shall be signed by the
analyst but the analysis may be made by a person acting under the
directions of the analyst and any certificate purporting to be signed
by the analyst shall be presumed, until the contrary is proved, to
have been signed by him.

(5) The Governor may, by notice published in the Gazette,
appoint any person to be an analyst for the purposes of this section.

23F. A person who-

(a) wilfully obstructs-
(i) a collection authority; or
(ii) a waste disposal authority; or
(iii) any authorized officer,

in the exercise of the authority's or the officer's powers or
duties under this Part; or

(b)fails without reasonable excuse to comply with any
requirement duly made under this Part by-
(i) a collection authority;
(ii) a waste disposal authority; or
(iii) any authorized officer; or





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

commits an offence and is liable to a fine of $10,000.

(Part VA added, 58 of 1987, s. 9)

PART VI

APPEALS

24. (1) A person who is aggrieved by a decision or direction of a
public officer or a collection authority or waste disposal authority under
any of the following provisions may appeal to the Appeal Board
established under section 25

(a) section 17(1) (directions as to disposal of waste);

(b)section 20(1) (refusing to give permission to import waste
into Hong Kong);

(c) section 21(4) (refusing to grant a licence);

(d) section 23(1) (fixing terms and conditions of licence);

(e)section 23(3)(a)(i) (imposing new or amended terms or
conditions for continuance of licence);

sections 23(3)(a)(ii) and 23(3)(b) (cancelling a licence);

(g)section 23(3)(c) (revoking, amending or adding to a notice).

(2) An appeal under subsection (1) shall be made within 21 days
after the person aggrieved has received notice of the decision or
direction.

(3) Where the decision appealed from was made under a provision
mentioned in subsection (1)(e), (f) or (g) the notice thereof shall be
suspended from the day on which notice of appeal is given and until the
appeal is disposed of, withdrawn or abandoned, unless

(a)the decision is considered by the authority whose decision it
is to be necessary because in relation to a licence to which the
notice relates the continuation of the activities to which the
notice relates would cause a danger to public health or be
seriously detrimental to the amenities of the area affected by
the activities; and

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

25. (1) Every appeal under section 24 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 27(3), the Chairman shall be appointed for a
term of 2 years but may be reappointed.

(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 26(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 27(1) 'qualified in law' means
qualified for appointment as a District Judge under section 5 of the
District Court Ordinance.

26. (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 25(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 or direction 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.

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

27. (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 powers, functions and duties of
the Chairman during the period of his appointment.

(2) If a person appointed by the Chairman under section 26(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 provided for in
section 25(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 notwithstan-
ding 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.

28. (1) This section applies where-

(a)an Appeal Board has reversed or varied a decision or
direction of a public officer or a collection authority or
waste disposal authority; and

(b)that officer or authority considers that exceptional circum-
stances require the review of the Board's decision in the
public interest.

(2) The public officer or authority may, where this section
applies, within 14 days of being notified of a decision refer the case
for review by the Governor in Council.

(3) Where a public officer or 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.

29. (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

30. (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 powers,
functions or duties under this Ordinance.





(2) A public officer shall, in the discharge of his powers, functions
and duties under this Ordinance, comply with any directions given by
the Governor under subsection (1).

31. In any proceedings for an offence under section 11, 15. 15A, 16
or 17 it shall not be necessary for the prosecution to prove that the acts
or omissions in question were accompanied by any intention,
knowledge or negligence on the part of the defendant as to any element
of the ofrence.

(Amended, 58 of 1987, s. 10)

32. (1) No liability shall rest on the Crown, the Urban Council, the
Regional Council or upon any public officer by reason of the fact that
any waste collection or waste disposal licence is issued under this
Ordinance. (Amended, 8 of 1986, s. 8)

(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 exercise of any power, function or
duty of his under this Ordinance.

(3) The protection conferred on public officers by subsection (2) in
respect of any act or omission shall not in any way affect any liability of
the Crown, the Urban Council or the Regional Council for that act or
omission. (Amended, 8 of 1986, s. 8)

33. (1) The Governor in Council may after consultation with the
Environmental Pollution Advisory Committee, with the Urban Council in
respect of matters which the Urban Council has under this Ordinance a
duty to discharge or a function to fulfil and with the Regional Council in
respect of matters which the Regional Council has under this Ordinance
a duty to discharge or a function to fulfil by regulation provide for-
(Amended, L.N. 165184 and 8 of 1986, s.8)

(a)the additional wastes or classes of waste to which a draft
waste disposal plan under section 3 shall apply;

(b)the design and construction of containers or enclosures for the
storage of animal waste;

(ba) the capacity, design, type, number, construction and
materials used in the construction of containers provided in
or on livestock premises for the storage of livestock waste;
(Added, 58 of 1987, s. 11)

(bb) the capacity, design, type, number, construction and materials
used in the construction of containers provided outside
livestock premises for the collection of livestock waste;
(Added, 58 of 1987,s.M)

(c)the precautions to be taken to guard against dangers to public
health or risks of pollution arising from waste;

(d)the waste or classes of waste that may be disposed of under
section 16 without a licence;





(e)the class or quantity of waste in respect of which notice must
be given under section 17 before the waste can be disposed
and any exceptions or exemptions from the requirement to give
such notice;

the capacity, design, construction and materials to be used in
the construction of containers holding beverages or fluids;

(g)prohibiting the distribution of containers or any class of
container which do or does not comply with such requirements
as may be prescribed under paragraph (f), and without
prejudice to the generality of the foregoing, such prohibition
may be by reference to--

(i) the type of container;
(ii) the date of distribution;

(iii) place of distribution by retail sale; (iv)
the type of beverage or fluid;

(v) the source of the container;

(h)the treatment or reprocessing of such classes of waste as may
be prescribed;

(i)any fees and charges payable under this Ordinance (other than
any fee determined by the Urban Council.under section 10(3) or
by the Regional Council under section 10(4) ); (Amended, 8 of
1986, s. 8)

(j)the charges payable to the Director for the disposal of any
waste or class of waste; (Amended, L.N. 76182 and L.N.
74186)

(k)prescribing anything which is to be or may be prescribed by
regulations.

(2) Regulations made under this section may provide that a
contravention of specified provisions thereof shall be an ofrence and
may provide penalties therefor not exceeding a fine of $5,000 and
imprisonment for 6 months.

34. If any question arises as to who are the body of persons for the
time being constituting the Environmental Pollution Advisory
Committee mentioned in section 33 the matter shall be referred to the
Chief Secretary who shall determine the question by certificate under his
hand.

(Amended, L.N. 165/84)

35. (1) The Secretary for Health and Welfare may, after

consultation with the Environmental Pollution Advisory Com-
mittee, prepare and revise Codes of Practice giving guidance and
directions as to the collection, storage, treatment, transportation
and disposal of waste. (Amended, L.N. 244/81; L.N. 370/81; L.N.
18/83; L.N. 165/84 and 58 of 1987, s. 12)





(2) A failure on the part of any person to observe any Code of
Practice issued under subsection (1) 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 as tending to establish or to negative any liability which is in
question in those proceedings.

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

(2) Sections 16, 17, 19 and 20 shall not have effect to permit
proceedings to be taken against, or to impose any criminal liability
on, the Crown or any person who does any act which he is required
to do in the course of carrying out his duties in the service of the
Crown.

(3) If it appears to the Director that there has been a con-
travention of section 16, 17, 19 or 20 by any person in the course of
carrying out his duties in the service of the Crown, he shall, if the
contravention is not forthwith terminated to his satisfaction, report
the matter to the Chief Secretary. (Amended, L.N. 76/82 and L.N.
74/86)

(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 16, 17, 19 or 20 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 concerning
a deposit or disposal of waste 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 or application under this Ordinance concerning
a deposit or discharge of waste which is to be, or may be, given to the
Crown shall be given to the principal officer of the appropriate waste
disposal authority which appears to be responsible for the deposit or
disposal or, in the event of any question arising as to which waste
disposal authority is responsible, 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.

37. (1) The Governor in Council may, by notice published
in the Gazette, amend the Schedules.

(2) The Governor may, by notice published in the Gazette,
amend the relevant dates specified in the First and Second
Schedules.
(Added, 58 of 1987, s. 13)





FIRST SCHEDULE [ss. 2,15(1), 37 &
Third Schedule.]

LIVESTOCK WASTE PROHIBITION
AREAS

Item Description Relevant Date

Urban Council area

1. The Urban Council area and that part of Sai Kung 24 June 1988
district delineated on a map dated 14 October 1987
numbered LW/50/2 (Edition 2) described as 'URBAN
COUNCIL AREA' and identified by the numbers CD
and CD thereon.

Regional Council area

2. Those parts of Sha Tin and Tai Po districts delineated on 24 June 1988
a map dated 14 October 1987 numbered LW/50/2 (Edi-
tion 2) described as 'SHA TIN NEW TOWN AND
ENVIRONS' and identified by the number 0 thereon.
3. That part of Tai Po district delineated on a map dated 14 24 June 1988
October 1987 numbered LW/50/2 (Edition 2) described
as 'PART OF TAI PO NEW TOWN' and identified by
the number a thereon
4. Those parts of Tsuen Wan and Kwai Tsing districts 24 June 1988
delineated on 2 maps dated 14 October 1987 numbered
LW/50/1 (Edition 2) and LW/50/2 (Edition 2) described
as 'PART OF TSUEN WAN AND KWAI TSING
NEW TOWNS' and identified by the number (3)
thereon
5. That part of Tuen Mun district delineated on a map 24 June 1988
dated 14 October 1987 numbered LW/50/1 (Edition 2)
described as 'PART OF TUEN MUN NEW TOWN-
and identified by the number (D thereon.
6. That part of North district delineated on a map dated 14 24 June 1988
October 1987 numbered LW/50/2 (Edition 2) described
as 'PART OF FANLING AND SHEUNG SHUI
NEW TOWNS' and identified by the number
thereon.
7. Those parts of Yuen Long district delineated on a map 24 June 1988
dated 14 October 1987 numbered LW/50/1 (Edition 2)
described as 'PART OF YUEN LONG NEW TOWN
AND TIN SHUI WAI NEW TOWN' and identified by
the number @ thereon.
8. That part of Sai Kung district delineated on a map dated 24 June 1988
14 October 1987 numbered LW/50/2 (Edition 2)
described as 'PART OF JUNK BAY NEW TOWN'
and identified by the number thereon.

Note:
The precise location of livestock premises situated in the vicinity of a common
boundary between-

(a)a livestock waste prohibition area and one or more livestock waste control
areas; or

(b)a livestock waste control area and one or more other livestock waste
control areas,

may be determined by reference to a map or maps comprising the relevant
enlarged area specified in the Third Schedule and identified in that Schedule.

(Added, 58 of 1987, s. 14)











SECOND SCHEDULE

LIVESTOCK WASTE CONTROL
AREAS

Item Description

Regional Council area

1 Those parts of North, Tai Po and Yuen Long districts
delineated on 2 maps dated 14 October 1987 numbered
LW/5011 (Edition 2) and LW/5012 (Edition 2)
described as 'RIVER INDUS AREA' and identified by
the number no thereon

2.Those parts of Tai Po, Sha Tin, North, Tsuen Wan,
Kwai Tsing, Sai Kung and Yuen Long districts
delineated on a map dated 14 October 1987 numbered
LW/50/2 (Edition 2) described as '70LO HARBOUR
AND TOLO CHANNEL AREA' and identified by the
number F11 thereon.

3.That part of Tsuen Wan district delineated on a map
dated 14 October 1987 numbered LW/50/1 (Edition 2)
described as '7IU YUE WAN (ANGLER'S BEACH)
AND ENVIRONS' and identified by the number 11
thereon.

4. That part of Islands district delineated on a map dated
14
October 1987 numbered LW/50/1 (Edition 2) described
as 'MUI WO- ENVIRONS' and identified by the num-
ber IT B1 thereon.

5.Those parts of North and Yuen Long districts
delineated on 2 maps dated 14 October 1987 numbered
LW/50/1 (Edition 2) and LW/50/2 (Edition 2)
described as 'UPPER SHAM CHUN (SHENZHEN)
RIVER AREA' and identified by the number n2 thereon.

6.Those parts of Tsuen Wan, Tuen Mun, Kwai Tsing and
Yuen Long districts delineated on 2 maps dated 14
October 1987 numbered LW/50/1 (Edition 2) and
LW/50/2 (Edition 2) described as '7SUEN WAN
ENVIRONS, LIU TO VILLAGE & ENVIRONS AND
TAI LAM CHUNG AREA' and identified by the
number n3 thereon.

7.Those parts of Tuen Mun and Yuen Long districts
delineated on a map dated 14 October 1987 numbered
LW/50/1 (Edition 2) described as 'TUEN MUN
ENVIRONS' and identified by the number g thereon.

8.Those parts of Tuen Mun and Yuen Long districts
delineated on a map dated 14 October 1987 numbered
LW/50/1 (Edition 2) described as 'CORRIDOR
BETWEEN TUEN MUN AND YUEN LONG' and
identified by the number 15 thereon.

9.Those parts of Yuen Long and Tuen Mun districts
delineated on a map dated 14 October 1987 numbered
LW/50/1 (Edition 2) described as 'YUEN LONG
ENVIRONS' and identified by the number 16 thereon.

10.Those parts of Yuen Long, Tuen Mun and Tsuen Wan






districts delineated on 2 maps dated 14 October 1987
numbered LW/50/1 (Edition 2) and LW/50/2 (Edition
2) described as 'KAM TIN RIVER AREA' and
identified by the number 17 thereon.

11.That part of Yuen Long district delineated on a map
dated 14 October 1987 numbered LW/50/1 (Edition 2)
described as '7IN SHUI WAI ENVIRONS' and identified
by the number 18 thereon.





Item Description Relevant Date

Regional Council area

12. Those parts of Yuen Long, North and Tuen Mun 1 June 1993
districts delineated on a map dated 14 October 1987
numbered LW/50/1 (Edition 2) described as 'SAN TIN
AREA AND LAU FAU SHAN ENVIRONS' and
identified by the number 19 thereon.

13. That part of Sai Kung district delineated on a map 1 June 1993
dated 14 October 1987 numbered LW/50/2 (Edition 2)
described as 'MAU WU TSAI VILLAGE AND ENVI-
RONS' and identified by the number 20 thereon.

14. Those parts of Sai Kung, Tai Po and Sha Tin districts 1 June 1994
delineated on a map dated 14 October 1987 numbered
LW/50/2 (Edition 2) described as 'SAI KUNG AREA'
and identified by the number 21 thereon.

15. That part of Sai Kung district delineated on a map 1 June 1994
dated 14 October 1987 numbered LW/50/2 (Edition 2)
described as 'JUNK BAY ENVIRONS' and identified
by the number 22 thereon.

16. Those parts of Islands, Tsuen Wan, Sai Kung, Tai Po 1 June 1995
and Tuen Mun districts delineated on 2 maps dated
14 October 1987 numbered LW/50/1 (Edition 2) and
LW/50/2 (Edition 2) described as 'OUTLYING
ISLANDS' and identified by the number 23 thereon.

17. Those parts of Tai Po and Sai Kung districts delineated 1 June 1995
on a map dated 14 October 1987 numbered LW/50/2
(Edition 2) described as 'LONG HARBOUR AREA'
and identified by the number 24 thereon.

18. Those parts of North and Tai Po districts delineated on a 1 June 1995
map dated 14 October 1987 numbered LW/50/2 (Edition
2) described as 'STARLING INLET AREA' and iden-
tified by the number 25 thereon.

Note:

The precise location of livestock premises situated in the vicinity of a common
boundary between

(a)a livestock waste prohibition area and one or more livestock waste control
areas; or

(b)a livestock waste control area and one or more other livestock waste
control areas,

may be determined by reference to a map or maps comprising the relevant
enlarged area specified in the Third Schedule and identified in that Schedule.

(Added, 58 of 1987,s. 14)

THIRD SCHEDULE [ss. 2, 37 &
First and Second
Schedules.]
ENLARGED AREAS

Area Livestock Waste
No. Prohibition Area Description of Enlarged Area
l & 2 Urban Council Area Those parts of area No. 1 and area






No. 2 delineated on 8 maps dated 12
June 1987 or 14 October 1987** and
numbered as follows-





Area Livestock Waste
No. Prohibition Area Description of Enlarged Area

(a) LW/7-SE-C;

(b) LW/1 I-NW-A (Edition 2)**;
(c) LW/11-NW-B;
(d) LW/ 11 -NE-A;
(e) LW/11-NE-B;
(f) LW/ 11 -NE-D;
(g) LW/11-SE-B;
(h) LW/20/10**.

3 Sha Tin New Town and Those parts of area No. 3 delineated

Environs on 8 maps dated 12 June 1987 or 14
October 1987** and numbered as
follows-
(a) LW/7-NE-C (Edition 2)**;
(b) LW/7-NE-D;
(c) LW/7-SW-B;
(d) LW/7-SW-D;
(e) LW/7-SE-A;
(j) LW/7-SE-B;
(g) LW/7-SE-C;
(h) LW/ 11 -NW-B

4 Part of Tai Po New TownThose parts of area No. 4 delineated

on 3 maps dated 12 June 1987 and
numbered as follows-
(a) LW/3-SW-13;
(b) LW/7-NW-B;
(c) LW/7-NE-A,

5 Part of Tsuen Wan and Those parts of area No. 5 delineKwai Tsing New Townson 6 maps dated 12 June 1987 or 14
October 1987** and numbered as
follows

(a) LW/6-SE-C**;
(b) LW/6-SE-D;
(c) LW/7-SW-C;
(d) LW/10-NE-B;
(e) LW/ 11 -NW-A (Edition
2)**;
U) LW/20/10**.

6 Part of Tuen Mun New Those parts of area No. 6 delineated

Town on 7 maps dated 12 June 1987 or 14
October 1987** and numbered as
follows-

(a) LW/5-NE-D;
(b) LW/5-SE-B;
(c) LW/S-SE-D;
(d) LW/6-NW-C (Edition 2)**;
(e) LW/6-SW-A;
(j) LW/6-SW-C
(g) LW/6-SW-D (Edition 2)**.

7 Part of Fanling and Those parts of area No. 7 delineated


Sheung Shui New Townson 3 maps dated 12 June 1987 and
numbered as follows

(a) LW/2-SE-B;

(b) LW/3-SW-A;
(c) LW/3-SW-C

8 Part of Yuen Long New Those parts of area No. 8 delineated

Town and Tin Shui Wai on 2 maps dated 12 June 1987 and

New Town numbered as follows-
(a) LW/6-NW-A;
(b) LW16-NW-B.

9 Part of Junk Bay New Those parts of area No. 9 delineTownon 4 maps dated 12 June 1987 and
numbered as follows





Area Livestock Waste
No. Prohibition Area Description of Enlarged Area

(a) LW/11-NE-B;
(b) LW/11-NE-D;
(e) LW/12-NW-Q
(d) LW/12-SW-X

Area Livestock Waste
No. Control Area Description of Enlarged Area
10 River Indus AreaThose parts of area No. 10 delineated
on 13 maps dated 12 June 1987 and
numbered as follows-
(a) LW/2-NE-D;
(b) LW/2-SE-B;
(c) LW/2-SE-D;
(d) LW/3-NW-D;
(e) LW/3-NE-Q
(f) LW/3-SW-A;
(g) LW/3-SW-B;
(h) LW/3-SW-Q
(i) LW/3-SW-13;
(j) LW/3-SE-A;
(k) LW/3-SE-Q
(1) LW/6-NE-B;
(m) LW/7-NW-B.
11 Tolo Harbour and Tolo Those parts of area No. 11 delineated
Channel Area on 28 maps dated 12 June 1987 or 14
October 1987** and numbered as
follows-
(a) LW/3-SW-Q
(b) LW/3-SW-D;
(c) LW/3-SE-A;
(d) LW/3-SE-11;
(e) LW13-SE-Q
(f) LW/4-SW-A;
(g) LW/6-NE-B;
(h) LW/6-NE-D-
(i) LW/7-NW-~.,
(j) LW/7-NW-Q
(k) LW/7-NE-A;
(1)LW/7-NE-C (Edition 2)**;
(m) LW/7-NE-13;
(n) LW/7-SW-B;
(o) LW/7-SW-Q
(p) LW/7-SW-1);
(q) LW17-SE-A;
(r) LW/7-SE-11;
(s) LW/7-SE-Cl.
(t) LW/7-SE-13;
(u) LW/8-NW-11;
(v) LW/8-NW-Q
(w) LW/8-SW-A;
(x)LW/ 11 -NW-A (Edition
2)**;
(y) LW/11-NW-11;
(z) LW/ 1 I-NE-A;
(aa) LW/20/4;
(ab) LW/20/8.
IIA Tiu Yue Wan (Angler's Thoseparts of area No. IIA de-
Beach) and Environs lineated on 3 maps dated 14 October
1987** and numbered as follows-
(a)LW16-SE-A (Edition 2)**;
(b)LW/6-SE-B (Edition 2)**;
(c) LW/6-SE-C**.

IIB Mui Wo EnvironsThose parts of area No. 11B
delineated on 4 maps dated 14
October 1987** and numbered as
follows





Area Livestock Waste
No. Control Area Description of Enlarged Area

(a) LW/10-SW-A**;
(b) LW/10-SW-C**;
(e) LWII0-SW-13**;
(d) LW/20/10**.

12 Upper Sham Chun (Shen- Those parts of area No. 12 delineated
zhen) River Area on 7 maps dated 12 June 1987 and
numbered as follows-
(a) LW/2-NE-13;
(b) LW/2-SE-B;
(c) LW/3-NW-D;
(d) LW/3-NE-A;
(e) LW/3-NE-Q
(f) LW/3-SW-A;
(g) LW/3-SW-B.
13 Tsuen Wan Environs, Liu Those parts of area No. 13 delineated
To Village and Environs on 13 maps dated 12 June 1987 or 14

and Tai Lam Chung Area October 1987** and numbered as
follows-
(a) LW/6-NE-Q
(b) LW/6-NE-13;
(c) LW/6-SW-B;
(d) LW/6-SW-13 (Edition 2)**;
(e) LW/6-SE-A (Edition 2)**;
(f) LW/6-SE-B (Edition 2)**;
(fa) LW/6-SE-C**;
(g) LW/6-SE-D;
(h) LW/7-NW-Q
(i) LW/7-SW-Q
(j) LW/10-NE-B;
(k) LW/1 I-NW-A (Edition 2)**;
(1) LW/20-10**.

14 Tuen Mun Environs Those parts of area No. 14 delineated
on 8 maps dated 12 June 1987 or 14
October 1987** and numbered as
follows-
(a) LW/5-NE-D;
(b) LW/5-SE-B;
(c) LW/5-SE-D;
(d) LW/6-NW-C (Edition 2)**;
(e) LW/6-SW-A;
(f) LW/6-SW-13;
(g) LW/6-SW-Q
(h) LW/6-SW-13 (Edition 2)**.
15 Corridor between Tuen Those parts of area No. 15 delineated
Mun and Yuen Long on 5 maps dated 12 June 1987 or 14
October 1987** and numbered as
follows-
(a) LW/6-NW-A;
(b) LW/6-NW-13;
(c) LW/6-NW-C (Edition 2)**;
(d) LW/6-SW-A;
(e) LW/6-SW-B.
16 Yuen Long Environs Those parts of area No. 16 delineated
on 6 maps dated 12 June 1987 or 14
October 1987** and numbered as
follows-
(a) LW/6-NW-B;
(b) LW/6-NW-C (Edition 2)**;
(c) LW/6-NE-Q






(d) LW/6-SW-A;
(e) LW/6-SW-B;
(f) LW/6-SE-A (Edition 2)**.





Area Livestock Waste
No. Control Area Description of Enlarged Area
17 Kam Tin River Area Those parts of area No. 17 delineated
on 8 maps dated 12 June 1987 or 14
October 1987** and numbered as
follows-
(a) LW/2-SE-D;
(b) LW/6-NW-11;
(e) LW/ 6-NE-B;
(d) LW/6-NE-Q
(e) LW/6-NE-D;
(f) LW16-SE-A (Edition 2)**;
(g) LW/6-SE-13 (Edition 2)**;
(h) LW/7-NW-C.

18 Tin Shui Wai Environs Those parts of area No. 18 delineated
on 3 maps dated 12 June 1987 or 14
October 1987** and numbered as
follows-
(a) LW16-NW-A;
(b) LW/6-NW-11;
(c) LW/6-NW-C (Edition 2)**.

19 San Tin Area and Lau Fau Those parts of area No. 19 delineated
Shan Environs on 10 maps dated 12 June 1987 or 14
October 1987** and numbered as
follows-
(a) LW/2-NE-D;
(b) LW/12-SE-13;
(c) LW/2-SE-13;
(d) LW/5-NE-13;
(e) LW/5-SE-II;
(f) LW/5-SE-13;
(g) LW/6-NW-A;
(h) LW/6-NW-B,.
(i) LW/6-NW-C (Edition 2)**;
(j) LW16-NE-B.

20 Mau Wu Tsai Village and That part of area No. 20 delineEnvironson a map dated 12 June 1987 and
numbered L21 Sai Kung AreaThose parts of area No. 21 delineated
on 10 maps dated 12 June 1987 and
numbered as follows

(a) LW/7-SE-11;
(b) LW/7-SE-Q
(c) LW/7-SE-13;
(d) LW18-NW-Q
(e) LW/8-SW-A;
(f) LW/ 11 -NE-A;

(g) LW/ 11 -NE-B;
(h) LW/12-NW-Q
(i) LW/12-SW-A;

(j) LW/20/8.

22 Junk Bay Environs Those parts of area No. 22 delineated
on 6 maps dated 12 June 1987 and
numbered as follows-

(a) LW/11-NE-A;






(b) LW/ 11 -NE-B;
(c) LW/ 11 -NE-D;
(d) LW/11-SE-B;
(e) LW/12-NW-Q
(j) LW/12-SW-A.

23 Outlying Islands Those parts of area No. 23 delineated

on 4 maps dated 14 October 1987**
and numbered as follows

(a) LW/10-SW-A**;
(b) LW/10-SW-C**;





Area Livestock Waste

No. Control Area Description of Enlarged Area

(c) LW/10-SW-D**;
(d) LW/20-10**.
24 Long Harbour Area Those parts of area No. 24 delineated
on 3 maps dated 12 June 1987 and
numbered as follows-
(a) LW/S-NW-13;
(b) LW/20/4;
(c) LW/20/8.
25 Starling Inlet Area Those parts of area No. 25 delineated
on 9 maps dated 12 June 1987 and
numbered as follows-
(a) LW/3-NW-D;
(b) LW/3-NE-A;
(c) LW/3-NE-Q
(d) LW/3-SW-B;
(e) LW/3-SE-A;
(f) LW/3-SE-13;
(g) LW/3-SE-Q
(h) LW/4-SW-A;
(i) LW/20/4.

Note..

For the avoidance of doubt it is declared that in the event of any dispute as to the

correct delineation of boundaries, the boundaries delineated on maps identified in
this

Schedule shall prevail over the boundaries delineated on maps identified in the First

and Second Schedules.

(Added, 58 of 1987, s. 14)

FOURTH SCHEDULE [ss. 2 & 37.1

EXEMPT
PERSONS

Item Description
1. Any person who owns, leases or manages any abattoir or slaughterhouse in
which livestock is kept.
2. Any person who owns, leases or manages any part of any wholesale market
or retail market (including a stall situated in such market) in which livestock
is kept.
3. Any person who owns, leases or manages any lairage in which livestock is
kept.
4. Any person who holds a valid licence granted under Part IV of the Food
Business (Urban Council) By-laws in respect of a fresh provision shop in
which live poultry are kept.
5. Any person who holds a valid licence granted under Part IV of the Food
Business (Regional Council) By-laws in respect of a fresh provision shop in
which live poultry are kept.
6. Any person who owns, leases or manages any hatchery in which poultry of
not more than 12 days old are kept.
7. Any person who owns or keeps in or on his premises in any livestock waste
prohibition area not more than 10 poultry.
8. Any person who owns or keeps in or on his premises in any livestock waste
control area-
(a) 1 pig, including, in the case of a sow, the unweaned litter of that,
sow; or






(b) not more than 10 poultry.





Note:
For the purposes of calculating the permitted number of livestock in paragraphs 7
and 9, any livestock owned or kept in or on those premises by any person's spouse,
father, mother, sister, brother, son, daughter or other remoter relative or ancestor or
nominee residing with that person shall he deemed to be owned or kept by that
person.
(Added. 58 of 1987, s. 14)
Originally 8 of 1980. L.N. 244/81. L.N. 370/81. L.N. 76/82. L.N. 18/83. L.N. 165/84. L.N. 67/85. 39 of 1985. 8 of 1986. 10 of 1986. L.N. 74/86. L.N. 127/86. 58 of 1987. L.N. 112/80. L.N. 119/85. Short title and commencement. Interpretation. Third Schedule. Fourth Schedule. Second Schedule. First Schedule. (Cap. 366.) First Schedule. Second Schedule. (Cap. 132.) (Cap. 366.) Preparation of draft waste disposal plans. Representations concerning draft waste disposal plan. Submission of draft waste disposal plan to Governor in Council. Power of Governor in Council upon submission of draft waste disposal plan. Revision of waste disposal plans. Collection authorities and waste disposal authorities to have regard to waste disposal plans. Provision of collection and scavenging services. Licensing of collection and scavenging services. Prohibition of unauthorized collection of waste. Occupier of building may remove household waste in certain circumstances. (Cap. 132.) Collection of trade waste, livestock waste or animal waste and removal of livestock waste and animal waste. Property in collected waste, etc. Prohibiting livestock. First Schedule. Livestock waste controls. Second Schedule. Compensation for seizure of livestock. Forfeiture of livestock. Seizure of livestock. Restriction on seizure of livestock. Prohibition of unauthorized disposal of waste. (Cap. 295.) ( Cap. 28.) Notice to be given before disposal of certain wastes. Penalties for offences under sections 16 and 17 and defences. Information as to waste delivered for disposal. Prohibition on import of waste into Hong Kong. Applications for and grant of licences. Effect of licences. General provisions as to licences. Authorized officers. Power of authority to obtain information. Powers of authorized officers to enter premises, etc. Other powers of authorized officers. Analysis of samples. Offences in relation to enforcement powers. When appeal may be brought. 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. Case may be stated. Governor may give directions. Mental Ingredient of offences under sections 11, 15, 15A, 16 and 17. Protection of Crown, Urban Council, Regional Council, etc. Regulations. Environmental Pollution Advisory Committee. Codes of Practice. Application of Ordinance to Crown. Amendment of Schedules. First and Second Schedules. Third Schedule. Third Schedule. First and Second Schedules. (Cap. 132, sub. leg.) (Cap. 132, sub. leg.)

Originally 8 of 1980. L.N. 244/81. L.N. 370/81. L.N. 76/82. L.N. 18/83. L.N. 165/84. L.N. 67/85. 39 of 1985. 8 of 1986. 10 of 1986. L.N. 74/86. L.N. 127/86. 58 of 1987. L.N. 112/80. L.N. 119/85. Short title and commencement. Interpretation. Third Schedule. Fourth Schedule. Second Schedule. First Schedule. (Cap. 366.) First Schedule. Second Schedule. (Cap. 132.) (Cap. 366.) Preparation of draft waste disposal plans. Representations concerning draft waste disposal plan. Submission of draft waste disposal plan to Governor in Council. Power of Governor in Council upon submission of draft waste disposal plan. Revision of waste disposal plans. Collection authorities and waste disposal authorities to have regard to waste disposal plans. Provision of collection and scavenging services. Licensing of collection and scavenging services. Prohibition of unauthorized collection of waste. Occupier of building may remove household waste in certain circumstances. (Cap. 132.) Collection of trade waste, livestock waste or animal waste and removal of livestock waste and animal waste. Property in collected waste, etc. Prohibiting livestock. First Schedule. Livestock waste controls. Second Schedule. Compensation for seizure of livestock. Forfeiture of livestock. Seizure of livestock. Restriction on seizure of livestock. Prohibition of unauthorized disposal of waste. (Cap. 295.) ( Cap. 28.) Notice to be given before disposal of certain wastes. Penalties for offences under sections 16 and 17 and defences. Information as to waste delivered for disposal. Prohibition on import of waste into Hong Kong. Applications for and grant of licences. Effect of licences. General provisions as to licences. Authorized officers. Power of authority to obtain information. Powers of authorized officers to enter premises, etc. Other powers of authorized officers. Analysis of samples. Offences in relation to enforcement powers. When appeal may be brought. 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. Case may be stated. Governor may give directions. Mental Ingredient of offences under sections 11, 15, 15A, 16 and 17. Protection of Crown, Urban Council, Regional Council, etc. Regulations. Environmental Pollution Advisory Committee. Codes of Practice. Application of Ordinance to Crown. Amendment of Schedules. First and Second Schedules. Third Schedule. Third Schedule. First and Second Schedules. (Cap. 132, sub. leg.) (Cap. 132, sub. leg.)

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