30
CAP. 358]
Water Pollution Control
[1980 Ed.
Offence to
disclose secret information
obtained
officially.
67/905.20.
Protection of Crown and public officers.
67/905-22
Regulations.
67/905-22°
(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 offence under subsection (1) if he discloses or gives any information or document to another person----
(a) for the purpose of the exercise or performance of his 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.
$20,000
45. (1) No liability shall rest on the Crown or upon any public officer by reason of the fact that any licence or exemption is granted or continued under this Ordinance for the discharge or deposit of any matter into the waters of Hong Kong or into inland waters 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 which quantities and rates of discharges and deposits are to be calculated for the purposes of section 16(1)(6);