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Addition of new section
26A.
Addition of new section 30A.
Amendment of section 31.
Amendment of section 38.
Amendment of section 43.
Ord. No. 23/87 AIR POLLUTION CONTROL (AMENDMENT)
11. The principal Ordinance is amended in Part IV by adding after section 26 the following---
"Payment of annual charges by owners of exempted premises.
26A. Every owner of premises who is exempt under section 20 from the operation of section 13 shall pay such annual charge as may be prescribed.".
12. The principal Ordinance is amended in Part V by adding after section 30 the following-
"Contravention
of terms and conditions of licence, etc.
30A. A licence holder who contravenes any term or condition subject to which the licence is granted to him by the Authority, or an owner of any premises who is exempt under section 20 from the operation of section 13 and who contra- venes any term or condition imposed by the Authority in relation to the exemption, commits an offence and is liable to a fine of $20,000 and in addition, if the offence is a continuing offence, to a fine of $5,000 for each day during which it is proved to the satisfaction of the court that the offence has continued.".
13. Section 31 of the principal Ordinance is amended--- (a) in subsection (1)—
(i) by inserting after paragraph (j) the following— “(ja) section 18A(5) (refusing to transfer a licence);
(jb) section 18A(8) (fixing terms and conditions on transfer
of a licence);"; and
(ii) in paragraph (r), by deleting "the register" and substituting the following
"public notification or other public access"; (b) in subsection (3), by deleting "(m)" and substituting the
and following-
“(j) or (jb) to (m)”.
14. Section 38(1) of the principal Ordinance is amended by deleting "or 18" and substituting the following-
18 or 18A".
27
15. Section 43 of the principal Ordinance is amended- (a) in subsection (1), by inserting after paragraph (m) the following-- "(ma) the time when an annual charge prescribed for the purposes of section 15A or 26A is to be paid, the recovery of such charge (if not paid) as a civil debt, the waiver or refund of such charge and for other matters relating to such charge;"; and
(b) in subsection (4), by inserting after "months" the following-
", and in addition, if the offence is a continuing offence, to a fine not exceeding--
(a) $100 in respect of every one quarter of an hour; or (b) $5,000 in respect of each day,
during the whole or any part of which the offence continues, as the circumstances may require".
AIR POLLUTION CONTROL (AMENDMENT)
Ord. No. 23/87
A115
16. The First Schedule to the principal Ordinance is amended by Amendment of inserting after "1 tonne", appearing against the Process "9. Iron and Steel First Schedule. Works", the following-
“, or, if the mode of operation is continuous, I tonne per hour,”. 17. The Third Schedule to the principal Ordinance is amended by Amendment of Third Schedule. inserting at the end the following-
Tai Po Area 26, New Territories (Tai "9. Gas Works
Po Town Lot No. 46)".
18. The Fourth Schedule to the principal Ordinance is amended— (a) in paragraph 3 by deleting "a tribunal; and the Authority shall thereupon refer the claim with the particulars thereof to a tribunal, consisting of a District Judge or other person nominated by the Chief Justice for the purpose" and substituting the following—
"the Lands Tribunal and the Authority shall thereupon refer the claim with the particulars thereof to the Lands Tribunal";
(b) by deleting paragraphs 4, 5, 6, 7 and 9; and
(c) in paragraph 8 by deleting "tribunal" in both places where it
appears and substituting in each case the following-
"Lands Tribunal”.
Amendment of Fourth Schedule.
19. The Lands Tribunal Ordinance is amended by inserting at the end Consequential of the Schedule thereto the following-
1987.
"311. Air Pollution Control Ordinance.".
Passed by the Hong Kong Legislative Council this 20th day of May
LAW Kam-sang,
Clerk to the Legislative Council.
This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.
LAW Kam-sang, Clerk to the Legislative Council.
amendment. (Cap. 17.)