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Ord. No. 41/80
Application and
commencement of sections 8 and 9.
WATER POLLUTION CONTROL
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 particular cases.
or
(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 17 or 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 purposes 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 subsec- tion (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 dis- charge, 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 deposit, 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, or any 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.
WATER POLLUTION CONTROL
Ord. No. 41/80
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(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 or 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 com- ponent 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 public sewer or public drain 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 domestic sewage or surface water and is made into à 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 thereof, and for deposits, or any category thereof.
8. (1) Subject to section 12, a person commits an offence who Prohibited discharges-
discharges into waters
Kong and inland waters.
(a) any poisonous, noxious or polluting matter into the waters of of Hong
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 dis- charged 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 a mixture containing oil into the waters of
Hong Kong (within the meaning of each of these terms in sections 45 and 46 of the Shipping and Port Control Ordinance); (Cap. 313.)