WATER POLLUTION CONTROL ORDINANCE

WATER POLLUTION CONTROL ORDINANCE

LAWS OF HONG KONG

WATER POLLUTION CONTROL ORDINANCE

CHAPTER 358





CHAPTER 358

WATER POLLUTION CONTROL ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

PART I

PRELIMINARY

1. Short title and commencement................ ... ... ... ... ... ... 3

2. Interpretation ............................. ... ... ... ... ... ... 3

3. Governor may give directions ............... ... ... ... ... ... ... 5

PART II

WATER CONTROL ZONES AND WATER QUALM
OBJECTIVES

4. Water control zones and Authorities therefor ... ... ... ... ... ... 5
5. Secretary to establish quality objectives ... ... ... ... ... ... ... 5
6. Authority to seek to achieve quality objectives ... ... ... ... ... ... 6

PART III

PROHIBITED DISCHARGES AND DEPOSITS

7. Application and commencement of sections 8 and 9 ... ... ... ... 7
8. Prohibited discharges into waters of Hong Kong and inland waters ... 8
9. Prohibited discharges into public sewers and public drains ... ... ... 9
10. Mental ingredient of offences under sections 8 and 9 ... ... ... ... 10
11. Penalties ... ... ... ... ... ... ... ... ... ... ... ... ... ... 10
12. Defences ... ... ... ... ... ... ... ... ... ... ... ... ... ... 10
13. Restoration of waters by convicted person ... ... ... ... ... ... ... 11

PART IV

EXEMPTION OF EXISTING DISCHARGES AND DEPOSITS

14. Notices of existing discharges and deposits ... ... ... ... ... ... ... 12

15. Exemption of existin discharges and deposits ... ... ... ... ... ... 13

16. Cessation and cancel tion of exemption ... ... ... ... ... ... ... 13

17. Further powers in re ation to an existing discharge or deposit ... ... 14

18. Applications for app val of changes in discharges or deposits ... ... is

PART V

LICENSING OF DISCHARGES AND
DEPOSITS

19. Applications for licences ... ... ... ... ... ... ... ... ... ... ... 16

20. Grant of licences ... ... ... ... ... ... ... ... ... ... ... ... 17
21. Special provisiuiis where discharge licensed after cessation
of exemption ... ... ... ... ... ... ... ... ... ... ... ... ... ... 17

22. Effect of a licence ... ... ... ... ... ... ... ... ... ... ... ... 18

23 Renewal of licences ... ... ... ... ... ... ... ... ... ... ... ... 18

24. Cancellation or variation of a licence ... ... ... ... ... ... ... ... 19

25. Compensation for cancellation or variation of certain licences ... ... 20

26. Compensation for cancellation of licences and exemptions with the approval of the
Governor in Council ... ... ... ... ... ... ... 20

27. Assessment of compensation ... ... ... ... ... ... ... ... ... ... 21

28. Applications for variation of licences ... ... ... ... ... ... ... ... 21





Section Page
PART VI
APPEALS
29. When appeal may be brought ... ... ... ... ... ... ... ... ... ... 22
30. Constitution of Appeal Board ... ... ... ... ... ... ... ... ... 23
31. Exercise of Appeal Board's jurisdiction ... ... ... ... ... ... ... 23
32. Supplementary provisions as to Appeal Board ... ... ... ... ... ... 24
33. Review of Appeal Board's decision by Governor in Council ... ... ... 24
34. Case may bestated for Court of Appeal ... ... ... ... ... ... ... 25

PART VII
POWERS OF
ENFORCEMENT

35. Authority may obtain information ... ... ... ... ... ... ... 25

36. Authorized officers .......... ... ... ... ... ... ... ... ... ... 25

37. Powers of authorized officers to enter premises etc. ... ... 26

38. Further powers of authorized officers ... ... ... ... ... ... ... 27

39. Analysis of samples ....... ... ... ... ... ... ... ... ... ... 27

40. Offences in relation to sections 37 and 38 ... ... ... ... ... ... 28

PART VIII
MISCELLANEOUS

41. Authority may hold a hearing ... ... ... ... ... ... ... ... 29

42. Authority to keep register ... ... ... ... ... ... ... ... ... 29

43. Protection of private information from publicity ... ... ... ... 29
44. Offence to disclose secret information obtained officially ... ... ... 30
45. Protection of Crown and public officers ... ... ... ... ... ... 30
46. Regulations ................... ... ... ... ... ... ... ... ... ... 30
47. Application of Ordinance to Crown ... ... ... ... ... ... ... 32
48. Environmental Protection Advisory Committee ... ... ... 33
49. Ordinance not to affect or be affected by other Ordinances ... ... 33
50. Consequential amendments ... ... ... ... ... ... ... ... ... 33
51. Disapplication of certain enactments ... ... ... ... ... ... ... ... 33

First Schedule ............................. ... ... ... ... ... ... ... ... 33
Second Schedule ............................ ... ... ... ... ... ... ... ... 34
Third Schedule ............................. ... ... ... ... ... ... ... ... 35
Fourth Schedule.................... ... ... ... ... ... ... ... ... ... ... 36





CHAPTER 358

WATER POLLUTION CONTROL To
control the pollution of the waters of Hong Kong.

[ ]

PART 1

PRELINENARY

1. This Ordinance may be cited as the Water Pollution Control
Ordinance and. subject to section 7, shall come into operation on a day
to be appointed by the Governor by notice in the Gazette.

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

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

'Authority' means-
(a)in relation to a water control zone, a public officer appointed
by the Governor under section 4(1)(b) for that zone;

(b) in relation to the powers, functions and duties mentioned
in section 4(3), the Director of Public- Works,
existing deposit', in relation to a water control zone, means a deposit
of matter which-

(a) was made, whether or not regularly or continuously, in any
place and which is, or of which a component is, likely to enter
the waters of Hong Kong or into inland waters or a public sewer
or public drain in that zone; and

(b) was so made during the period of 12 months ending with the
day appointed by the Governor by order under section 7(2)
which applies to that zone and that deposit;

'existing discharge', in relation to a water control zone, means a
discharge of matter which was made, whether or not regularly or
continuously-

(a) into the waters of Hong Kong or into inland waters; or

(b) into a ~,sewer or public drain,

in that zone during the period of 12 months ending with the day
appointed by the Governor by order under section 7(2) which
applies to that zone and that discharge;





'inland waters' means any river, stream, watercourse, lake, pool or pond,
whether natural or artificial or above or below ground, and the bed
or channel of any such river. stream, watercourse, lake, pool or
pond which is for the time being dry,

(a) a lake, pool or pond the waters of which do not enter
(whether directly or by way of another lake, pool or
pond) any river, stream or watercourse or the territorial
waters or tidal waters of Hong Kong unless the lake,
pool or pond is brought within this definition by regula-
tions made under section 46(1)(l);

(b) waters in any waterworks within the definition of water-
works in section 2 of the Waterworks Ordinance;
(c) any drain or sewer;
'licence' means a licence granted under section 20;

'public drain' means a drain which is vested in and maintained by the
Government as public utility;

'public sewer' means sewer which is vested in and maintained by the
as a public utility; register' means a register required to be kept
under section 42; 'Secretary' means the Secretary for

'water control zone' means any part of Hong Kong declared to be a
water control zone under section 4;

'water quality objective' means a water quality objective established
by the Secretary under section 5;

'waters of Hong Kong' means all inland waters, territorial waters and
tidal waters of Hong Kong and in sections 5(1), 6(5)(a), 13(1), 17 24
and 29(4Xa) includesthe flora and fauna thereof.

(2) References in this Ordinance to discharging or making a
discharge of matter into the waters of Hong Kong or into inland waters
or into a public sewer or public dain are references to
causing or permitting that matter to enter those waters or the public sewer or
public sewer (whether by emitting, throwing, plac-
ing or by any other means) at the place where the matter first enters
the same.

(3) References in this Ordinance to discharging or making a
discharge of matter into the waters of Hong Kong or into inland waters
or into a public sewer or public drain in the water control zone include
causing or permitting matter to be deposited in any place (whether in
that zone or elsewhere) in circumstances where the matter, or any
component of it. is likely to enter the waters of Hong Kong or inland
waters in that zone or to enter the public sewer or public drain within a
reasonably foreseeable time by falling, descending, percolating or being
carried by wind or water.





3. (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 the Secretary or an Authority of any powers, functions
or duties under this Ordinance.

(2) The Secretary and an Authority shall. in the exercise or
performance of their respective powers, functions and duties under this
Ordinance, comply with any directions given by the Governor under
subsection (1).

PART II

WATER CONTROL ZONES AND WATER QUALITY
OBJECTIVES

4. (1) The Governor in Council may by order published in the Gazette

(a) after consultation with the Environmental Protection Advisory
Committee, declare any part of Hong Kong to be a water
control zone for the purposes of this Ordinance;

(b) designate a public officer by name or office to be the
Authority for any water control zone and as such, subject to
subsection (3), to exercise and perform in respect of that zone
the functions, powers and duties conferred on the Authority
by this Ordinance.

(2) An order under subsection (1)(b) may. subject to subsection
(3), designate difrerent public officers to be Authorities for a water
control zone in relation to the discharge or deposit of any specified
classes or descriptions of matter or matter resulting from the operation
of specified classes or descriptions of trade or industry.

(3) Notwithstanding any designation Lation under subsection
(1)(b), the Director of Public Authority for the purposes of enforcing
the prohibition in section 9 and exercising
and performing any power, function or duty under this Ordinance
in relation to discharges into public sewers and public
drains.

(4) An order under subsection (1) shall, for each water 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.

5. (1) The Secretary shall, after consultation with the Environmental
Protection Advisory Committee, establish for the waters of Hong Kong
in each water control zone a water quality objective or different
objectives for different parts of a zone.





(2) The water quality objective for any particular waters 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 those
waters in the public interest.

(3) Any water quality objective may be amended from time to time
by the Secretary, after consultation with the Environmental Protection
Advisory Committee.

(4) A statement of every water 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 different
water quality objectives for different parts of a water control zone he
shall ensure that the statement thereof kept with the register pursuant to
subsection (4) sufficiently delineates each part of the water control zone.

6. (1) The Secretary shall in writing notify an Authority of the
objective or objectives of quality established for a water control zone
for which that Authority is responsible and of any amendment thereof
under section 5(3).

(2) The Secretary shall notify the Director of Public Works of all water
quality objectives and of any amendment thereof under section 5(3).

(3) Each Authority shall exercise and perform his powers. functions
and duties under this Ordinance with the aim of achieving the relevant
water quality objectives as soon as is reasonably practicable and
thereafter maintaining the quality so achieved.

(4) If in the -opinion of the Secretary the. achievement or
maintenance of any water quality objective would be better served by
the exercise by the Authority of any of his powers under section 17,
20(4) or 24, the Secretary may, subject to subsection (5),
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 20(4), any such direction may be of a general nature or relate
to a particular case or particular cases.

(5) The Secretary shall not give any direction under subsection (4)
as to the manner in which an Authority shall exercise the powers in
section 24 in relation to a discharge or deposit unless he considers that-

(a) any part of the waters of Hong Kong are in such a condition as
to constitute a danger to the health of the public. or a section
of the public. and the exercise of the powers in relation to that
discharge or deposit would tend to lessen the danger; or


(b) in the case of an exemption from section 9 or a licence
for the purpose of that section, the discharge or deposit may
be harmful to the operation of any sewage treatment plant.

(6) The Authority shall comply with any direction given to him
under subsection (4) and the discretion conferred on the Authority by
section 17(1),20(4) or 24(1) shall not apply to any discharge or deposit
in respect of which such a direction is in force.

PART III

PROHIBITED DISCHARGES AND DEPOSITS

7. (1) Notwithstanding that this Ordinance has come into
operation by virtue of a notice under section 1. neither section 8(1)(a).
nor section 8(1)(b) nor section 9(1) shall apply-

(a) to any discharge or deposit, not being an existing discharge or
existing deposit, which would otherwise be prohibited by those
sections until the day appointed by the Governor under
subsection (2) which applies to that discharge or deposit;

(b) to an existing discharge or existing deposit which would
otherwise be prohibited by those sections until the day
appointed by the Governor under subsection (3) which applies
to that discharge or deposit.

(2) The Governor may from time to time by order published in the
Gazette which is declared to be applicable to any water control zone
appoint a day by reference to which the following shall be classified as
an existing discharge or existing deposit for the purposes of this
Ordinance-

(a) the discharge of any matter, or any specified category of
discharge, into the waters of Hong Kong or inland waters in
that zone, being a discharge within the prohibitions in section
8(1);

(b) the deposit of any matter, or any specified category of deposits,
which, or a component of which, is likely to enter the
waters of Hong Kong or inland waters in that zone, being a
deposit within the prohibitions in section 8(1);

(c) the discharge of any matter, specified category of discharge,into
a public sewer or public drain in that zone,
being a discharge within the prohibition in
section 9(1);

(d) the deposit of any matter, or any specified category of deposit,
which, or a component of which, is likely to enter a public
sewer or public drain.

11





(3) The Governor may from time to time by order published in the
Gazette which is declared to be applicable to any water control zone
appoint a day on and after which-

(a) section 8(1)(a) shall apply to all existing discharges into
the waters of Hong Kong in that zone or to all existing
deposits which, or a component of which. is likely to
enter the waters in that zone of to any specified category of
such discharges or deposits;

(b) section 8(1)(b) shall apply to all existing discharges into
inland waters in that zone or to all existing deposits
which, or a component of which, is likely to enter the
inland waters in that zone or to any specified category
of such discharges or deposits;

(c) section 9(1) shall apply to all existing discharges into a

public sewer or public drain in that zone or to all existing

deposits which, or a component of which, is likely to
enter a sewer or public in that zone, or to any specified category
of such discharges or deposits.


(4) For the purposes of an order under this section. a category of
discharge or deposit may be determined by reference to-

(a) the discharge or deposit of a particular class or description of
matter or of matter resulting from the operation of a particular
class or description of trade or industry;

(b) the discharge or deposit of matter at a particular rate or in a
particular quantity during a specified period;

(c) where section 9 applies, in addition to paragraphs (a) and (b).
the fact that the discharge or deposit is of domes-tic sewage or
surface water and is made into a public sewer or public drain
provided for the carriage of foul water or of surface drainage
water,

or a combination of all or any such factors.

(5) An order under this section may, in respect of the same water
control zone, appoint different days for discharges, or any category therefor
and for deposits, or any category thereof.

8. (1) Subject to section 12. a person commits an offence who
discharges-

(a) any poisonous, noxious or polluting matter into the waters
of Hong Kong in a water control zone;

(b) any matter into any inland waters in a water control zone which
tends (either directly or in combination with other matter which
has entered those waters) to impede the proper flow-of the
water in a manner leading or likely to lead to a substantial
aggravation of pollution.





(2) Where any matter referred to in subsection (1)(a) or (b) is
discharged from any premises or vessel, then, subject to section 12. the
occupier of the premises or the person having command or charge of
the vessel commits an offence. in addition to any other person who may
be guilty of an offence under subsection (1).

(3) This section does not apply to any of the following discharges
or deposits-

(a) a discharge which is made by way of a public sewer or public
drain;

(b) a discharge of oil or containing oil into the waters of Hong
Kong (within the meaning of each of these terms in sectiions 45 and
46 of the Shipping and Port Control Ordinance):

(c) a discharge incidental to, or derived from, the normal operation
of a vessel (including a dynamically supported craft) or of its
equipment;

(d) a discharge which requires to be licensed under paragraph 1 of
Schedule 1 to the Dumping at Sea Act 1974 (Overseas
Territories) Order 1975;

(e) a discharge or deposit made-

(i) by, or with the consent of, the Director of Marine for the
purpose of carrying out harbour works or providing moorings
or aids to navigation;

(ii) as part of an undertaking authorized by the Governor in
Council under subsection (2) of section 3 of the Public Reclamations
and Works Ordinance or by the Governor under subsection
(3) of that section;

(iii) under, and in accordance with, a Crown lease
granted under the Foreshores and Sea Bed Ordinance;
(f) a discharge or deposit which forbidden by the Dan-
gerous Goods Ordinance or any regulations made there-
under.

9. (1) Subject to section 12, a person commits an offence

who discharges any matter into a public sewer or public drain
in a water control zone other than-
(a) a discharge of domestic sewage into-
(i) a public sewer, or
(ii) a public drain,

(b) a discharge of unpolluted water into-
(i) a public sewer, or
(ii) a public drain,
for the carriage of surface drainage water.







(2) Where any matter is discharged into a public sewer or public drain
in a water control zone from any premises, then, subject to section 12,
the occupier of the premises commits an offence, in addition to any
other person who may be guilty of an offence under subsection (1).

(3) In subsection (1)-

'domestic sewage' means any waste of a kind and quantity which is
ordinarily disposed of in a household by the normal use of a toilet,
watercloset, bath, shower, sink, basin or other sanitary fitment by
persons residing therein;

'unpolluted water' means

(a) rain water from any part of a building, including any area
appurtenant to a building;

(b) water which does not contain any poisonous, noxious or
polluting matter.

(4) This section does not apply to-

(a)a discharge ep sit which is forbidden by the Dangerous Goods
Ordinance or any regulations made thereunder; or

(b) water used-

(i) for firefighting purposes;

(ii) in connexion with an occurrence in which life or
property is endangered;

(iii) for the . cleansing of streets, thoroughfares, and
other areas.

10. In any proceedings for an offence under section 8(1), 8(2) ), or
9(2) in which it is alleged that the defendant caused matter to enter the
waters of Hong Kong or inland waters or a public sewer or public drain or
caused matter to be deposited as provided in section 2(3) 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 offence.

11. A person who commits an offence under section 8(1), (8)2,
9(1) or 9(2) is liable to-
(a) for a first offence, a fine of $50,000;
(b) for a second or subsequent offence, a fine of $100,000

and 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.

12. (1) A person does not commit an offence under section 8(1),
8(2), 9(1) or 9(2) if he proves that-


(a) the discharge or deposit in question is an existing
discharge or deposit which is exempt under section 15; or

(b)the discharge or deposit in question is made under, and in
accordance with. a licence granted under section 20. or

(c)where section 2(3) applies, the matter was deposited pursuant
to an approval under subsection (2) and in accordance with the
terms and conditions thereof; or

(d)he exercised all such care and took all such steps as the court considers
reasonable in the circumstances to avoid the occurrence of prohibited
discharge or deposit; or

(e) the discharge or deposit was made in an emergency in order to
avoid danger to life or property and as soon as was reasonably
practicable he informed the Authority thereof in writing; or

(f) he acted under instructions given to him by his employer and
complied with ragraph (d) to the extent which the court
considers reasonable having regard to his position as an employee.

(2) The Director Of Agriculture and Fisheries may by order
published in the Gazette approve the making of any particular
kind of deposit as a farming practice to which the provisions of
subsections (1)(a) and (1)(b) of section 8. or either of those pro-
visions, do not apply so far as it is made in such areas by such
persons and in such manner as may be specified in the order.

(3) The power of the Director of Agriculture and Fisheries under subsection
(2) extends to practices employed in all kinds of farming, including
agriculture, animal husbandry and fish farming.

13. (1) Where any person has been convicted of an offence
under section 8(1), 9(1) or 9(2) the Authority may if he is
of the opinion that-

(a) any part of the waters of Hong Kong suffered continuing
damage as a direct result of the commission of the offence;
and

(b) it is reasonably practicableto restore, or partially restore, that
part to the condition it was in before the commission of the
offence,

by notice in writing require the person so convicted to carry out such
work as is specified in the notice to effect such restoration or partial
restoration.


(2) A notice under subsection (1)--

(a) may specify the manner in which the work is to be carried out,

(b) shall stipulate the time before which the work shall be
commenced and the time by which it shall be completed;





(c)shall be addressed to and served personally or by registered
post on the person who committed the offence.

(3) If a person fails to comply with a notice under subsection (1)
served on him. the Authority may, without further notice but subject to
subsection (4), carry out or cause to be carried out the. work, or the
remaining work, specified in the notice and recover from that person the
cost of so doing as a civil debt due to the Crown.

(4) The Authority shall not exercise the power in subsection (3)-

(a) until after the expiry of the time allowed under section 29(3)
for appeal against a requirement under subsection (1); and

(b) where an appeal is brought, until it is determined, withdrawn
or abandoned.

(5) A copy of a document which purports to be a notice signed by
the Authority for the purposes of subsection (1) shall be admitted in
evidence in proceedings under subsection (3) on its production without
further proof and-

(a) until the contrary is proved, the court before the document is
produced shall presume that the signature to the document is
genuine and the person signing it was the Authority at the
time when he signed it; and

(b)such document shall be sufficient evidence of the opinion of
the Authority and of all other matters contained therein.

PART IV

EXEMPTION oF EXISTING DISCHARGES AND DEPOSITS

14. (1) After a day appointed by order under subsection (2) of
section 7 and before a day appointed by order under subsection (3) of
that section a person may give notice to the Authority of an existing
discharge or deposit to which those orders apply.

(2) A notice under subsection (1) shall be given in such
manner and form and contain such information and estimates
as may be prescribed. 1' 1

(3) Any person who in any notice under subsection (1) makes any
statement or gives any estimate which he knows to be incorrect in a
material particular or who recklessly makes any statement or gives any
estimate 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.





15. (1) Subject to sections 6 and 17-

(a)an existing discharge or deposit to which subsection (1)(a) of
section 8 would otherwise apply is exempt from the operation of
that subsection if notice of the existing dis-
charge or deposit has been duly given under section 14;

(b) an existing discharge or deposit to which subsection (1)(b)
of section 8 would e ise apply is exempt from the
operation of that subsection on if notice of the existing
discharge or deposit has n duly given under section 14;

(c) an existing discharge or deposit to which section 9(1) would
otherwise apply exempt from the operation of that section if
notice of he existing discharge or deposit
has been duly given un r section 14.

(2) An exemption under subsection (1) is not limited to the making
of the discharge or deposit by the person who gave the notice under
section 14 but exten to the discharge or deposit in question when made
by any person.

(3) No exemption shall ar under this section if, at the time when
notice is given under section 14. the existing discharge or deposit is being
or has been made-

(a) from premises that have been unlawfully erected on unleased
land in contrave tion of section 4 of the Crown Land
Ordinance; or

(b)from premises on land held under a Crown lease or on land
occupied under a licence licence issued under section 5 of
the Crown Land Ordinance and such discharge or deposit
is in breach of lease or licence.
(4) A person may apply for a licence for any discharge or
deposit notwithstanding that the discharge or deposit is already
exempt under subsection (1) and the Authority may, subject to
Part V, grant a licence therefor.

(5) The exemption conferred by this section shall apply to the
discharge or deposit as from time to time varied under section 17 or 18.

16. (1) Subject to section 29(4) and without prejudice to the powers
in section 17, an exempti n conferred by section 15(1) ceases to be
operative during any time when-

(a) either of the following ce es to be the same as that described in the
notice given under section 14 or the same as that required or approved by
the Authority under section 17 or 18-

(i) the place at which the discharge or deposit is made;
(ii) the period within which discharge or deposit is made;











t

the' m lice

c

)l fo 'pp halt
the d cha

(1) and the the A

as

1 6
dep
osit
on p

e or
deposit c
otherwise
otherwise

tl 0

0 &
exemp
t

described in the notice given en under section 14 or the same
as that required or approved oved by the Authority under
section 17 or 18-

(i) the place at which he discharge or deposit is made;

(ii) the period within which h the discharge or deposit is
made;





(b)any one of the follow ing exceeds by more than 30 per cent,
calculated in such manner as may be prescribed, the
information or estimate relating thereto in the notice given
under section 14 -

(i) the quantity of the discharge or deposit or any
component of it;

(ii) the rate at which a discharge or deposit or any
component of it is made;

(iii) the temperature of the discharge or deposit;

(c) a new component is added thereto without the approval of the
Authority under section 18.

(2) If it appears to the Authority that a statement in any notice
given under section 14 is incorrect in a material particular. but that no
contravention of subsection (3) of that section arises therefrom, he may

(a) by notice in writing call 1 upon the person who is making the
existing discharge or deposit, within such time as the
Authority may allow, to give reasons why the notice under
section 14 should not be declared inoperative; and

(b) after considering such reasons (if any), by notice in writing
addressed to die said person declare the notice under section
14 to b.. inoperative for the purpose of conferring the
exemption provided for in section 15(1) as from such date as
the Authority may fix.

(3) If, in any proceedings for an offence against section 8(1) or 9(1),
it appears to the court that an incorrect statement in a notice under
section 14 has been made in contravention of subsection (3) of that
section (whether or not the person who gave the notice is convicted
under that subsection) the court shall declare the notice to be
inoperative for the purpose of section 15(1) and it shall be treated as
never having been operative for that purpose.

17. (1) Subject to section 6(6), the Authority may. by notice in
writing to a person who is m ing a discharge or deposit which is exempt
under section 15(1), c exercise any of the powers set out in subsection
(3) if he considers that

(a) any part of the waters of Hong Kong are in such a condition as
to constitute a danger to the health of the public. or a section
of the the public, and the exercise of the power in relation to the
exempt discharge or deposit would tend to lessen that
danger; or

(b) in the case of an exemption don from section 9, the discharge or
deposit may be harmful harmful to the drainage or sewerage
system, or any part thereof or to the health or safety of any
person engaged in the operation thereof.







(2) Where neither paragraph a a nor paragraph (b) of subsection (1)
applies to a discharge or deposit, the Authority may (by notice in writing as
provided that subsection) exercise any power set out in subsection (3),
in relation to that discharge or deposit, only with the prior approval of the
Governor in Council, as to both the exercise and the manner of the
exercise of the power, or with the agreement of e person who is making
the discharge or deposit.

(3) The powers referred to in subsections (1) and (2) are-

(a) (i) to impose terms conditions subject to the observance of
which as a specified date, the exemption shall continue in
force;
(ii) to declare the exemption liableto cancellation if
any time the person fails to observe any such term or condition;
(iii) to cancel the exemp ion as from a specified date if the
person fails to observ any such term or condition;

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

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

(4) The Authority may revoke a notice previously given under this
section, subject to the furth r approval of the Governor in Council in the
case of a revocat n which affects anything previously done under this
section with the approval of the Governor in Council.

(5) The date specified in a notice or the imposition, amend-
ment or addition of any term or condition on under paragraph (a)(i)
or (c) of subsection (3) or for the cantion of an exemption
under paragraph (a)(iii) or (b) thereof shall be not less than 90
days after the day on which the notice 1 given to the person who
is making the discharge or. deposit.

(6) Subject to subsection (2), the Authority may impose such terms
and conditions under subse ion (3) as he thinks fit including any term
or condition

(a) requiring the person to res r from time to time to
suspend the discharge or deposit;

(b) relating to the matters set out i the First Schedule;

18. (1) A person who is making discharge or deposit which is
exempt under section 15(1) may apply to the Authority from for-
in the prescribed form for-
(a) a variation or cancellation of any term or condition imposed by
the Authority under section 17;

(b) approval of a change in the period within which the discharge
or deposit may be made;











(c) approval of the addition to the discharge or deposit of a new
component, being a substance normally resulting from the
carrying on the trade or business carried on by the applicant at
the date appointed by the Governor by order under section (2)
which applies to the discharge or deposit.

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

(3) Section 19(3) and (4) shall apply for the purpose of publicly
notifying an application under this section which relates to an
exemption from section 8(1)(a) or 8(1)(b) 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 in the case of an application
which relates to an exemption from section 8(1)(a) or 8(1)(b) shall
not do so earlier than 30 daysthe 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 notif the applicant and shall inform him of the reasons
for his refusal.

(6) Section 20(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 ant an application in such terms
and on such conditions as he thinks fit (including terms and
conditions relating to the matters set out in the First Schedule)
except that, without prejudice to section 17, he shall not impose
any new obligation on th applicant in relation to that part of the
discharge or deposit which is already exempt unless, in his opinion,
such part would have a significantly different effect on the relevant
waters as a resul of the granting of the application.

PART V

LICENSING OF DISCHARGES AND DEPOSITS

19. (1) A person who wishes to obtain a licenc licence for the
purposes of section 8(1)(a), 8(1)(b) or 9(1) shall apply to the Authority
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
licneces for the purposes of section 8(1)(a) or section 8(1)(b)----

(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 a copy of
the application may be inspected.

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

(a)a copy 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;

(b)any person may, in such manner as may be prescribed, object
to the granting of the application on the ground that it would
tend to inhibit the attainment or maintenance of the relevant
water quality objective.

20. (1) Subject to section 21, the Authority may, not earlier than 40 days
after the last notice is published in a newspaper pursuant to section
19(3), 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 as his purpose the attainment and maintenance of the relevant
water uality objective;

(b) grant a licence less he considers that to do so would tend to
inhibit the achievement of that purpose,

and for the purposes ofis subsection it shall be relevant for
the Authority to have regard to the need to protect and ensure
the efficient operation of the drainage and sewerage systems and
the health and safety of persons engaged in the operation of those
systems.

(4) Subject to section 21, the Authority may grant the licence in such terms
and on such conditions as he thinks fit including terms and conditions
relating to the matters set out in the First Schedule.

(5) A licence shall specify a period of time during which any
cancellation or variation thereof which imposes additional obligations
on the person making the discharge or deposit shall, unless that person
agrees otherwise, give rise to the liability to pay compensation provided for
in section 25.

21. Where a licence is applied for in respect of a discharge
or deposit which, having been exempt under section 15(1), has
ceased to be exempt by reason n of section 16(1)(b), the following
provisions shall apply-
(a) the applicant shall be entitled to a licence for so much
of the discharge or deposit as was previously exempt;





(b) the Authority shall not under section 20(4), but without
prejudice to section 24, impose any new obligation on the
applicant in relation to that part of the discharge or
deposit which was previously exempt unless, in the
opinion of the Authority such part would have a signifi-
cantly different effect on the relevant waters as a result
of the change discharge or deposit ceased
to be exempt under section 16(1)(6).

22. (1) A licence for the purposes of section 8(1)(a) shall, subject to
the terms and conditions of the licence and during the period specified
therein, authorize-

(a) the discharge of matter or any specified class or description of
matter into the waters of Hong Kong;

(b) the deposit of matter or any specified class or description of
matter (as provided in section 2(3)),
which, but for such authorization, would be a contravention of section
8(1)(a).

(2) A licence for the purposes of section 8(1)(b) shall. subject to
'the terms and conditions of the licence and during the period specified
therein, authorize

(a) the discharge of matter or any specified class or description of
matter into inland waters;

(b)the deposit of matter or any specified class or description of
matter (as provided in section 2(3)),

which. but for such authorization, would be a contravention of section
8(1)(b).

(3) A licence for the purposes of section 9(1) shall, subject to the
terms and conditions of the licence and during the period specified
therein, authorize-

(a)the discharge of matter, or any specified class or description
of matter, into a public sewer or public drain;

(b)the deposit of matter, or any specified class or description of
matter (as provided in section 2(3)),
which, but for such authorization, would be a contravention of section
9(1).

(4) A licence shall not be limited to a discharge or deposit by a
particular person but shall extend to the discharge or deposit in
question when made by any person.

23. (1) During such period before the expiry of a licence as may be
prescribed, the person who is making the discharge or deposit may
apply in the prescribed form for a renewal of the licence.

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





(3) Section 19(3) 1\ and (4) shall apply for the purpose of
publicly notifying an application for the renewal of a licence for
the purposes of section 8(1)(a) or 8(1)(b) as if it were an applica-
tion for a licence.

(4) The Authority may renew or refuse to renew the licence but in
the case of an application for renewal of a licence for the purposes of
section 8(1)(a) or 8(1)(b) shall not do so earlier than 30 days after the
last notice is published in a newspaper pursuant to subsection (3).

(5) Subsections (2), (3), (4) and (5) of section 20 shall apply to the
renewal of a licence as they apply to the grant or refusal of a licence
under that section, but section 21 shall not apply on the renewal of a licence.

24. (1) Subject to section 6(6), the Authority may, by notice in
writing to a person who is making a discharge or deposit for which a
licence is in force. exercise any of the powers set out in subsection (3) if
he considers that-

(a) any part of the waters of Hong Kong are in such a condition as
to constitute a danger to the health of the public, or a section
of the public and the exercise of the power in relation to the
discharge or deposit would tend to lessen that danger; or,

(b)in the case of a licence for the purposes of section 9(1), the
discharge or deposit may be harmful to the drainage or
sewerage system. of any part thereof, or to the health or safety
of any person engaged in the operation thereof.

(2) Where neither paragraph (a) nor paragraph (b) of sub-
section (1) apply to a discharge or deposit, the Authority
may (by notice in writing as provided in that subsection) exercise any
power set out in subsection (3), in relation to that discharge or deposit only
with the prior approval of the Governor in Council, as to both the exercise
and the manner of the exercise of the power, or with the 'agreement of the
person who is making the discharge or deposit.

(3) The powers referred to in subsections (1) and (2) are-

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

(ii) to declare the licence liable to cancellation at any time
the person fails to observe any such term or condition;

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

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





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

(4) 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 tlie approval of the Governor in Council.

(5) The date specified in a notice for the amendment or addition of
any term or condition under paragraph (a)(i) or (c) of subsection (3) or
the cancellation of a licence 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 person who is making
the discharge or deposit.

(6) Subject to subsection (2), the Authority may impose such
terms and conditions under subsection (3) as he thinks fit including
any term or condition

(a)requiring the person to restrict or from time to time to' suspend
the discharge or deposit;

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

25. (1) Where a licence is. pursuant to section 24(1)-

(a) cancelled as provided in section 24(3)(b); or

(b) varied as provided id section, 24(3)(a)(i) or (c) so as to
'impose additional obligations on the person making the
discharge or deposit,

within the period specified pursuant to section 20(5), the Authority shall
be liable to pay compensation if
the circumstances set out in subsection (2) are present.

(2) The circumstances mentioned in subsection (1) are-

(a) that the possibility of danger to health or harm to hte or sewerage
system or to the health or safety of any person engaged in the
operation thereof (as provided in section 24(1)(a) and (b)) was known
or could with reasonable foresight have been known. to the Authority at
the time the licence was granted or renewed; or

(b) that the danger or harm mentioned in paragraph (a) is a
consequence of licences granted or renewed after the' grant, or.
where a licence has been renewed,. the last renewal of the licence
which is cancelled or varied.

26. (1) Where an exemption under section 15(1) is, pursuant to
section 17(2)-

(a) cancelled as provided in section 17(3)(b); or
(b) varied as provided in section 17(3)(a)(i) or (c) so as to impose additional
obligations on the person making the discharge or deposit;

the Authority shall be liable to pay compensation.




(2) Where a licence is, pursuant to section 24(2)--

(a) cancelled as provided in section 24(3)(b); or

(b)varied as provided in section 24(3)(a)(i) or (c) so as to impose
additional obligations on the person making the discharge or
deposit,

within the period specified pursuant to section 20(5) the Authority
shall be liable to pay compensation.

27. (1) Subject to subsection (2), the manner of determining the
amount of compensation payable under sections 25 and 26, the factors
to be taken into account or disregarded and the principle to be applied
in determining that amount shall be such as may be prescribed in
regulations made under section 46.

(2) The provisions of the Second Schedule shall have effect for the
purposes of determining the amount of compensation payable under
sections 25 and 26 and for the purposes of the incidental matters for
which they provide.

28. (1) A person who is making a discharge or deposit for which a
licence is in force 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 19(3) and (4) shall apply for the purpose of publicly
notifying an application under this section for the variation of a licence
for the purposes of section 8(1)(a) or section 8(1)(b) 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 in the case of a variation of a
licence for the purposes of section 8(1)(a) or 8(1)(b) 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 20(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 First Schedule) except that, without prejudice
to section 24, he shall not impose any new obligation on the applicant
in relation to that part of the discharge or deposit which is already
licensed unless-

(a)the place at which the discharge or deposit may be made is
being varied; or





(b)in his opinion such part would have a significantly different
effect on the relevant waters as a result of the granting of the
application.

PART VI

APPEALS

29. (1) Subject to subsection (2), a person who is aggrieved by a
requirement or decision of the Authority or the Secretary under any of
the following provisions may appeal to an Appeal Board constituted
under this Part-

(a)section 13(1) (requiring a convicted person to restore waters);

(b)section 16(2)(b) (declaring an exemption to be inoperative);

(c)section 17(3)(a)(i) (imposing terms and conditions
subject to which an exempt on may continue in force);

(d) section 17(3XaXiii) 17(3)(b) (cancelling an exemption);

(e)section 17(3)(c) (amending or adding to a notice or
substituting a new notice); .

(f) section 18(4) (refusing to vary an exemption);

(g) section 20(1) (refusing to grant a licence);

(h) section 20(4) (fixing terms and conditions of a licence);

(i) section 20(5) (fixing the period for non-cancellation or of a
licence without compensation);

(j) section 23(4) (refusing to renew a licence);

(k)section 24(3)(a)(i) (imposing new or amended terms or
conditions for continuance of a licence);

(l) sections 24(3)(a)(iii) and 24(3)(b) (cancelling a licence);

(m) section 24(3)(c) (amending or adding to a notice or
substituting a new notice);

(n) section 28(4) (refusing to vary a licence);

(o)ection 35 (requiring information to be furnished);

(p)section 43 (refusing to withhold information from the register).

(2) 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 24(2).

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





(4) Where the decision or requirement appealed from was made
under a provision mentioned in paragraphs (a) to (e), (j) to (m) or (o) of
subsection (1) the notice thereof shall be suspended and cease to have
efrect as 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--

(a)the decision or requirement is considered by the Authority to
be necessary because-

(i) in any case, the quality of the part of the waters of Hong
Kong to which the decision or requirement relates may
constitute a danger to the health of the public or a section of
the public; or

(ii) in the case of a licence for the purposes of section 9, the
discharge or deposit to which the decision or requirement
relates may be harmful to the drainage or sewerage system, or
any part thereor, or to the health or safety of any person
engaged in the operation thereof; and

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

(5) Where the appeal is from a decision of the Secretary under
section 43, he shall not enter in the register the information to which the
appeal relates until the appeal is disposed of, withdrawn or abandoned.

30. (1) Every appeal under section 29 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 32(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 31(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 32(1) 'qualified in law' means
qualified for appointment as a District Judge under section 5 of the
District Court Ordinance.

31. (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 erred to in section 30(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 requirement of the Authority or the Secretary.





(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.

32. (1) If the Chairman of Appeal Boards 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 31(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 30(4) to act in his place.

(3) The Chairman of Appeal Boards may at any time resign his
office by notice in writing to the Governor.

(4) If the parties to an appeal consent, the hearing of the appeal
may be continued notwithstanding any change in the membership of an
Appeal Board as if the change had not occurred.

33. (1) This section applies where-

(a) an Appeal Board has reversed or varied a decision or
requirement of the Authority or the Secretary; and

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

(2) The Authority or Secretary 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 or the Secretary 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 him to submit written representations concerning the review,
within 14 days of receiving the notice, 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
submitted under subsection (3), and may confirm, reverse or vary the
decision of the Appeal Board.

34. (1) The Chairman of Appeal Boards 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 VIII

POWERS oF ENFORCEMENT

35. (1) The Authority may by notice in writing to any person
require him to furnish to the Authority, within a period and in a form
stipulated in the notice, any information specified in the notice being
information which he is authorized to obtain by regulations made under
section 46(1)(j) or which the Authority may reasonably require for the
purpose of exercising and performing his powers, functions and duties
under this Ordinance.

(2) A person who-

(a)fails without reasonable excuse to comply with the
requirements of a notice served on him under subsection (1);
or

(b)in compliance or purported compliance with such a notice,
makes any statement which he knows to be false in a material
particular or recklessly makes any statement which is false in a
material particular or knowingly omits any material particular,

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

36. (1) Subject to subsection (2), the Authority may in writing
authorize public officers to exercise the powers conferred on an
authorized officer by sections 37 and 38. or such of those powers as the
Authority may specify.

(2) The Authority shall under subsection (1), authorize only a
public officer of or above the rank specified to exercise the following
powers--





(a)the powers in section 38(b) and (c), an officer of or above the
rank of Pollution Control Officer;

(b)any other power conferred by section 37 or 38 on an
authorized officer, an officer of or above the rank of Assistant
Pollution Control Inspector.

(3) An authorized officer exercising any power in section 37 or 38
may take with him such persons as he reasonably requires to assist him
in the discharge of his duties.

37. (1) Subject to subsection (2), an authorized officer may, for the
purposes of this Ordinance, without a warrant enter any place or
premises or stop and board any vessel-

(a) from or on which he ha on to suspect that, in contravention of
section has been or is being discharged or deposited into the
waters of Hong Kong or inland waters, or, in contravention of
section 9(1), matter has been or is being discharged or
deposited into any public sewer or public drain;

(b)from or on which matter is being discharged or deposited as
mentioned in paragraph (a) pursuant to a licence or an exemption conferred by
section 15(1), whether or not there is a suspected contravention of section
8 or 9.

(c)on which he has reason to believe there is 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
domestic premises (other than that part of such premises on which there
is a private sewage treatment plant) or board any vessel used wholly or
principally for dwelling purposes without a warrant issued by a
magistrate under subsection (3).

(3) A magistrate may issue a warrant empowering 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 is reason-
able ground for suspecting that -


(a)contrary to section 8(1), any matter is being or has been
discharged or deposited into the waters of Hong Kong or
inland waters from those premises or that vessel; or

(b)contrary-to section 9(1), any matter is being or has been
discharged or deposited from those premises or that vessel
into any public sewer or public drain;

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

(4) An authorized officer who enters any place or premises or
boards any vessel-





(a)shall, if so required, produce evidence of his identity and of his
authorization by the Authority under section 36; and

(b)shall, if a warrant is under subsection (3) required for entry,
produce that warrant.

38. An authorized officer who has pursuant to section 37 or any
warrant issued thereunder, entered any place or premises or boarded
any vessel, or who has been admitted to any place, premises or vessel
in the course of his duties, may-

(a) inspect any plant or equipment or observe any process or
procedure which he has reason to suspect is being, or has
been, or is intended to be. used in connexion with-

(i) a discharge or deposit which is being, or has been,
made contrary to section 8(1) or 9(1), or is made pur-
suant to a exemption conferred by section 15(1).

(ii) the treatment of any matter which is being, or is
intended to be, discharged or deposited into the waters of
Hong Kong or inland waters or into any public sewer or public drain,
and may require any person in charge of the place, premises
or vessel to do anything which the officer reasonably
considers to be necessary for facilitating the inspection or
observation;

(b)require the person in charge of the place, premises or vessel to
produce for examination any drawing, record or document
which is in the possession of such person, or which he can
reasonably obtain, relating to any, plant or equipment referred
to in paragrarph (a) or to any discharge or deposit to which section
8(1) or 9(1) applies or the officer has reason to suspect may apply;

(c) seize, remove and detain any drawing, record or document
referred to in paragraph (b) or any other article or thing if he
has reason to suspect that it is, or contains, evidence of an
offence under this Ordinance;

(d) examine and make copies of records kept pursuant to a
condition of the kind mentioned in paragraph 9 of the First
Schedule;

(e)take samples of any matter which is within the description in
paragraph (a) (ii) or which he has reason to believe may come
within that description.

39. (1) A certificate of analysis of a sample of any matter may be
tendered in evidence in any proceedings under this Ordinance and
shall, until the contrary is proved, be sufficient evidence of the facts
stated therein if the procedure set out 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 takes a sample of any matter for the
purposes of subsection (1) shall-

(a) divide it into 3 approximately equal parts;

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

(c)ensure that the person appearing to be in occupation of the
premises on which thd sample was taken or his servant or
agent--

(i) is handed such one of the parts as that person or his
servant or agent may select or, if that is not reasonably
practicable, is handed or sent by registered post such one of
the parts as the officer shall select; and

(ii) is informed that one of the other 2 parts is intended to
be submitted to the analyst for analysis;

(d)except where an analysis proves to be unnecessary. per-
submit one of the remaining 2 parts to the analyst for analysis
and retain the other for the purposes of comparison.

(3) As soon as the analyst has completed the analysis he shall
furnish to the relevant Authority and to the person referred to in
subsection (2)(c), or his servant 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 his directions;
and any certificate purporting to have been signed by the analyst shall
be presumed, until the contrary is proved, to have been signed by him.

(5) In this section 'analyst' means the Government Chemist or any
person appointed by the Governor as an analyst for the purposes of
this section.

(6) An appointment by the Governor under subsection (5) shall be
notified in the Gazette.

40. A person who-

(a)wilfully obstructs an authorized Officer in the exercise of any
Power conferred on such officer by or under section 37 or 38;
or

(b)fails without reasonable excuse to comply with any
requirement duly made by an officer under those sections; or

(c)in compliance or purported compliance with any such
requirement produces any drawing, document or record which
he knows to bee 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 $5,000.





PART VIII

MISCELLANEOUS

41. (1) Where on an application under section 18 19. 23 or 28, 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.

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

42. (1) The Authority shall cause to be kept, in such form as the
Secretary may determine, a register containing the prescribed particulars
in relation to such of the following as fall under his jurisdiction

(a) all discharges andits which are exempt pursuant to
section 15 and applications and notices under this Ordinance in
respect thereof;

(b)all discharges and deposits for which a licence is in force,
applications for such licences and other applications and
notices under this Ordinance in respect thereof;

(C)such other matters as may be required by regulations made
under section 46 to be recorded in the register.

(2) 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.

43. (1) Any person may apply to the Secretary to withhold from
public notification or other public access under this Ordinance any
specified information concerning a discharge or deposit, 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 un-
reasonable degree, or
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
29(3) has expired.

44. (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 or business 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 ofrence 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 powers,
functions or duties under this Ordinance and 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) A person who commits an offence under subsection (1) is liable
to a fine of $10,000 and to imprisonment for 6 months.

45. (1) No liability shall rest on the Crown or upon any public officer
by reason of the fact that any licence or exemptierris granted or continued
under this Ordinance for the discharge ordeposit of any matter into the waters
of Hong Kong or into inlandwaters or
into a public sewer or public drain.

(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 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 in tort for that act or omission.

46. (1) The Governor in Council may, after consultation with the
Environmental Protection Advisory Committee, by regulation provide
for-

(a)the manner in w quantities and rates of discharges and
deposits which calculated for the purposes of section 16(1)(b);





(b) the form and contents of-

(i) under section 14;

(iii) an application for a licence under section 19;

(iv) an application for a renewal of a licence under sections 23;

(v) an application for a variation of a licence under section
28-,

(c)the period within which a licensee shall make an application
for a renewal of the licence, and the circumstances in which a
licence may continue in force pending the determination of
any such application;

(d) the particulars to be entered in the register;

(e)the particulars to be contained in a notice referred to in
section 19(3)(b);

the manner in which objections shall be made under section
19(4)(b);

the manner of determining ithe amount of compensation
payable under sections 25 and 26, the factors to be taken into
account or disregarded and the principles to be applied in
determining that amount.,

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

(i) fees and charges which may be imposed by an Authority or
the Secretary-

(i) on persons who are making discharges or deposits
which are exempt under section 15 or for which a licence is in
force, or on any class or description of such persons or in
respect of such discharges or deposits or any class or
description thereof, including charges for the reception,
treatment and disposal of matter discharged pursuant to a
licence for the purposes of section 9;

(ii) persons making any application referred to in paragraph
(b);

(1) matters about which information may be obtained under
section 35(1);

(k) the manner in which notices required or authorized by
this Ordinance may be given or sent to the person to
whom they are addressed;

the inclusion of a lake, pool or pond or any description
of lake, pool or pond within the definition of 'Inland
waters' in section 2 as provided for in paragraph (a) of that
definition;

(m)prescribing anything (including any fee) which is to be or may
be prescribed by regulations;





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

(2) Regulations made under subsection (1)(a) may delegate
to the Authority the power to determine in any particular case
the method of making any calculation for the purposes of section
16(1)(b).

(3) Regulations made under this section may provide that a
contravention of specified provisions thereof or of specified con-
ditions of an exemption section 15 or of specified
conditions of a licence shall be an ofrence and may provide
penalties therefor not exceeding a fine of $5,000 and imprisonment
for 6 months.

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

(2) Sections 8 and 9 shall not have effect to permit proceedings to
be taken against, or to impose any criminal liability on. the Crown or on
any person who makes any discharge or deposit which he is required to
make in the course of carrying out his duties in the service of the Crown.

(3) If it appears to an Authority that any discharge or
de being, or has been, made in contravention of section 8(1) or 9(1) by any
person in the course of carrying out his duties
n the service of the Crown, he shall, if the contravention is not
forthwith terminated to the satisfaction of the Authority. report
the matter to the Chief Secretary.

(4) On receipt of a report under subsection (3) the Chief Secretary
shall inquire into the circumstance and, if his inquiry shows that a
contravention of section 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
discharge or deposit which is to be, or may be, given or made by or
on behalf of the Crown may be givenor made by any public oficer on behalf of
the Crown.

(6) Any notice under this Ordinance concerning a discharge or
deposit 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 discharge or
deposit or, in the event of any question arising as to which Department
is responsible, to such public officer as the Chief Secretary shall
determine.

(7) No compensation shall be payable under section 25 in respect
of any discharge or deposit made by or on behalf of the Crown.

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





48. If any question arises as to who are the body of persons for the
time being constituting the Environmental Protection Advisory
Committee mentioned in sections 4, 5 and 46, the matter shall be referred
to the Chief Secretary who shall determine the question by certificate
under his hand.

49. (1) No exemption which crises for the purposes of this Ordinance by
the operation of section 15 and no licence shall be construed
as a dispensation from the requirements of any other Ordinance except
where that other Ordinance so provides.

(2) Without limiting section 8(3), the giving, granting or making of
any direction, licence, permit, consent, approval or other requirement or
authority under any other Ordinance shall not be take to authorize any
act or omission which contravenes section 8(1) or 9(1).

50. The enactments specified in the Third Schedule are amended in
the manner specified therein.

51. Upon section 8(1)(a) or 9(1) becoming applicable to a discharge
or deposit pursuant to section 7 the enactments mentioned in the first
column of the Fourth Schedule shall have effect in relation to that
discharge or deposit as if they were amended in the manner specified in
the second column of that Schedule.

FIRST SCHEDULE [ss. 17(6), 18(7), 20(4),
24(6), 28(7) & 38.]

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 discharge or deposit
may be made.

2.The design and construction of any plant or equipment used in making the
discharge or deposit.

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

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

5.The treatment of matter before it is discharged or deposited and the plant and
equipment to be provided, maintained and used therefor.

6.The equipment and facilities to be provided for inspecting, sampling or
measuring the discharge or deposit 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 discharges and deposits.

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. Precautions to be taken against matter discharged or deposited enter-
ing any specified part of the waters of Hong Kong or any public drain or
public sewer.










SECOND SCHEDULE [s. 27(2).]

DETERMINATION OF COMPENSATION

1. A person who claims compensation under section 25 or 26 shall submit to
the Authority particulars in writing of his claim.

2. (1) A claim under 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 the person making tlie discharge or deposit, 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 subparagraph (1)) 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 subparagraph (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 of particulars under
paragraph 1, the claimant may notify the Authority that he desires a reference to a
tribunal; and the Authority shall thereupon refer the claim with the particulars
the to a tribunal, consisting of District Judge nominated by the Chief Justic for
the purpose.

4. The tribunal shall hear any evidence which the Authority or the
claimant may wish to tender and, if so desired, hear counsel on behalf
of the Authority and the claimant, and shall determine the amount of
compensation, if any, to be p id to the claimant.

5. For the purposes of paragraph 4, the tribunal shall have powers similar to
those vested in the Supreme Court for hearing evidence, determin claims for
damages and awarding awarding costs.

6. The practice and procedure in connexion with any proceedings before a
tribunal under this section shall be such as the tribunal may determine.

7. Any award or decision of a tribunal under this Schedule shall
be final but if a party is disatisfied with the decision as being erroneous
in point of law, he may, withinmonth after the decision, require the
tribunal to state and sign athe decision of the Court of Appeal.

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

9. All compensation, including interest thereon and costs, shall be
paid from such money as may be provided from time to time by the
Legislative Council.





THIRD SCHEDULE [s. 50.]

Enactment Amendment

Public Cleansing and By-law 4 is amended by inserting after paragraph (3) the following--- sub. lea.)
Prevention of (3) the following-
Nuisances By-laws '(4)No offence under paragraph
(1)(c) is committed by a person who
makes a discharge or deposit under
and in accordance with-
(a)a licence granted under
(cap. 358). section 20 of the Water
Pollution Control Ordin-
ance; or
(b) an exemption which arises
under section 15 of that
Ordinance.'.

Public Cleansing and Regulation 4 is amended by inserting after
Prevention of paragraph (3) the following paragraph-
Nuisances (New
Territories) '(4)No offence under paragraph
Regulations (1)(c) is committed by a person who
makes a discharge or deposit under
and in accordance with-
(a)a licence granted under
(Cap. 358.) section 20 of the Water
Pollution Control Ordin-
ance; or
(b) an exemption which arises
under section 15 of that
Ordinance.'.

Marine Hawkers Regulation 19 is revoked.
Regulations sub. les.)

Country Parks and Regulation 12 is amended-
special Areas (a) by being renumbered as paragraph (1);
Regulations (b) by inserting after paragraph (1) the
following-

'(2) No offence under paragraph
(1)(b) is committed by a person
who makes a discharge or deposit
under and in accordance with-
(a) a licence granted under
(Cap. 358.)section 20 of the Water
Pollution Control Ordin-
ance; or
(b) an exemption which arises
under section 15 of that
Ordinance.'.

Mining Ordinance The Ordinance is amended by adding after section (cap. 285.)
28 the following-
'Discharges 28A. No offence under section
and deposits 27 or 28 is committed by a person
under Water
Pollution who makes a discharge or deposit
Control under and in accordance with-
Ordinance. (a) a licence granted under
(Cap. 358.) section 20 of the Water
Pollution Control Ordin-
ance; or
(b) an exemption which arises
under section 15 of that
Ordinance.'.





Enactment Amendment

Pearl Culture Section 9 is amended-
Control Ordinance (a) by being renumbered as subsection (1);

(b) by inserting after subsection (1) the
following-

'(2) No offence under subsec-
tion (1) is committed by a person
who makes a discharge or deposit
under and in accordance with-
(a) a licence granted under
(Cap. 358.)section 20 of the Water
Pollution Control Ordin-
ance; or
(b) an exemption which arises
under section 15 of that.
Ordinance.'.

Shipping and Port The Ordinance is amended by adding after
Control Ordinance section 48 the following-

'Discharges 48A. No offence under section
under the 46 is committed by, and no obliga-
Water tion arises under section 48 on the
Pollution
control part of, any person who makes a
Ordinance.discharge or deposit of oil or. a
mixture containing oil under and in
accordance with a licence for the
(Cap. 358.) purposes of section 9 of the Water
Pollution Control Ordinance granted
under section 20 of that Ordinance.'.

FOURTH SCHEDULE [s. 51.]
Amendment deemedto have been made for
Enactment the purposes of section 51

Public Health and The Ordinance shall have effect as if section 6(1)
Urban Serviceswere amended as follows-
Ordin nce (a)by deleting paragraphs (a), (c) and (d);
(b)by deleting paragraph (b) and sub-
stituting the following-
'(b)causes or permits any solid
matter, mud or waste to be
placed or thrown, or to fall, or
to be carried over any grate
communicatingwith any public
sewer or drain;'.
Public Cleansing and The By-laws shall have effect as if they were
Prevention of amended as follows-
Nuisances By-laws (a) in by-law 10, by deleting sub-paragraph

(c);

(b)in by-law 14, by deleting paragraph (2) and
substituting the following

'(2) No person shall discharge,
deposit, or place any pigwash in or
into a public place.'.











Amendment deemed to have been made for
Enactmentthe purposes of section 51

Public Cleansing and The Regulations shall have effect as if they were
Prevention of amended as follows--
Nuisances (New (a) in regulation 10, by deleting sub-
Territories) paragraph (c);
Regulations
(b) in regulation 14, by deleting paragraph
(2) and substituting the following-
'(2) No person shall discharge,
deposit, or place any pigwash in or
into a public place.'.
Summary Offences The Ordinance shall have effect as if it were
Ordinance amended as follows-
(a) in section 4(1), by deleting the words 'or into
the waters of the Colony', the words
'stream, watercourse, ford or reservoir, or
into any drain or sewer' and the words
stream or watercourse';

(b) in section 5(1), by deleting paragraph (c).

Pearl Culture The Ordinance shall have effect as if section
(Control) 9(b) were amended by deleting 'or to pollute or
Ordinance to be likely to pollute the waters in any such
area'.
Originally 41 of 1980. Short title and commencement. Interpretation. (Cap. 102.) Governor may give directions. Water control zones and Authorities therefor. Secretary to establish quality objectives. Authority to seek to achieve quality objectives. Application and commencement of sections 8 and 9. Prohibited discharges into waters of Hong Kong and inland waters. (Cap. 313.) (SI 1975/1831.) (Cap. 113.) (Cap. 127.) (Cap. 295.) Prohibited discharges into public sewers and public drains. (Cap. 295.) Mental ingredient of offences under sections 8 and 9. Penalties. Defences. Restoration of waters by convicted person. Notices of existing discharges and deposits. Exemption of existing discharges and deposits. (Cap. 28.) Cessation and cancellation of exemption. Further powers in relation to an existing discharge or deposit. First Schedule. Applications for approval of changes in discharges or deposits. First Schedule. Applications for licences. Grant of licences. First Schedule. Special provisions where discharge licensed after cessation of exemption. Effect of a licence. Renewal of licences. Cancellation or variation of a licence. First Schedule. Compensation for cancellation or variation of certain licences. Compensation for cancellation of licences and exemptions with the approval of the Governor in Council. Assessment of compensation. Second Schedule. Applications for variation of licences. First Schedule. 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 for Court of Appeal. Authority may obtain information. Authorized officers. Powers of authorized officers to enter premises etc. Further powers of authorized officers. First Schedule. Analysis of samples. Offences in relation to sections 37 and 38. Authority may hold a hearing. Authority to keep register. Protection of private information from publicity. Offences to disclose secret information obtained officially. Protection of Crown and public officers. Regulations. Application of Ordinance to Crown. Environmental Protection Advisory Committee. Ordinance not to affect or be affected by other Ordinances. Consequential amendments. Third Schedule. Disapplication of certain enactments. Fourth Schedule. (Cap. 132, sub. leg.) (Cap. 132, sub. leg.) (Cap. 160, sub. leg.) (Cap. 208, sub. leg.) (Cap. 285.) (Cap. 307.) (Cap. 313.) (Cap. 132.) (Cap. 132, sub. leg.) (Cap. 132, sub. leg.) (Cap. 228.) (Cap. 307.)

Originally 41 of 1980. Short title and commencement. Interpretation. (Cap. 102.) Governor may give directions. Water control zones and Authorities therefor. Secretary to establish quality objectives. Authority to seek to achieve quality objectives. Application and commencement of sections 8 and 9. Prohibited discharges into waters of Hong Kong and inland waters. (Cap. 313.) (SI 1975/1831.) (Cap. 113.) (Cap. 127.) (Cap. 295.) Prohibited discharges into public sewers and public drains. (Cap. 295.) Mental ingredient of offences under sections 8 and 9. Penalties. Defences. Restoration of waters by convicted person. Notices of existing discharges and deposits. Exemption of existing discharges and deposits. (Cap. 28.) Cessation and cancellation of exemption. Further powers in relation to an existing discharge or deposit. First Schedule. Applications for approval of changes in discharges or deposits. First Schedule. Applications for licences. Grant of licences. First Schedule. Special provisions where discharge licensed after cessation of exemption. Effect of a licence. Renewal of licences. Cancellation or variation of a licence. First Schedule. Compensation for cancellation or variation of certain licences. Compensation for cancellation of licences and exemptions with the approval of the Governor in Council. Assessment of compensation. Second Schedule. Applications for variation of licences. First Schedule. 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 for Court of Appeal. Authority may obtain information. Authorized officers. Powers of authorized officers to enter premises etc. Further powers of authorized officers. First Schedule. Analysis of samples. Offences in relation to sections 37 and 38. Authority may hold a hearing. Authority to keep register. Protection of private information from publicity. Offences to disclose secret information obtained officially. Protection of Crown and public officers. Regulations. Application of Ordinance to Crown. Environmental Protection Advisory Committee. Ordinance not to affect or be affected by other Ordinances. Consequential amendments. Third Schedule. Disapplication of certain enactments. Fourth Schedule. (Cap. 132, sub. leg.) (Cap. 132, sub. leg.) (Cap. 160, sub. leg.) (Cap. 208, sub. leg.) (Cap. 285.) (Cap. 307.) (Cap. 313.) (Cap. 132.) (Cap. 132, sub. leg.) (Cap. 132, sub. leg.) (Cap. 228.) (Cap. 307.)

https://oelawhk.lib.hku.hk/items/show/3319

1964

v22

358

38