Power of Governor
in Council
to make regulations.
clean or repair such furnace, oven, chimney or industrial plant or to take such other steps as are specified in the notice to ensure the elimination of unnecessary smoke; or
(b) prohibiting him from burning in such furnace or oven, after such time not being less than fourteen days, as is specified in the notice, such fuel or mixture of fuels as is specified in the notice.
(2) If any person fails to comply with any of the requirements of a notice duly served upon him under subsection (1), he shall be guilty of an offence and shall be liable to a fine of five thousand dollars, and a daily penalty of fifty dollars:
Provided that in the event of an appeal being made under sub- section (3), no offence shall be deemed to have been committed until after such appeal be determined or abandoned.
(3) Any person who considers himselt aggrieved by the service of a notice under subsection (1), may, within fourteen days after the service thereof. appeal to the Governor or the Governor in Council by way of petition, and the Governor or the Governor in Council, whose decision shall be final, shall confirm, vary or cancel such notice of extend the time for compliance with all or any of the requirements thereof.
15. (1) The Governor in Council may by regulation prescribe or provide for-
(a) methods to be used for the measurement of the density of smoke emitted from any furnace, oven, chimney or industrial plant for the purposes of any proceedings under this Ordinance:
(b) the provision of apparatus for indicating the density of smoke emilled from any furnace, oven, chimney or industrial plant
(c) the modification or replacement of or prohibition of the use of any furnace, oven or chimney or any class thereof, either generally or in any particular case;
(d) the prohibition of the installation of any furnace, oven or chimney after the coming into operation of this Ordinance without the approval of a competent authority:
(e) the adoption of precautions against the emission of smoke from any furnace, oven, chimney or industrial plant, or any class thereof;
(f) the employment of competent persons to be in charge of the
operation of any furnace or oven or any class thereof;
(g) the making of orders prohibiting the use of any particular fust or class or mixture of fuels in any furnace or oven or any class thereof;
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(A) the keeping of records or statistics relating to the emission of smoke from any furnace, oven, chimney or industrial plant or the quantity or quality of smoke emitted by the burning of any particular types or qualities of fuel in any furnace or oven or any class thereof;
(2) such other matters as the Governor in Council may consider necessary for the carrying out of the provisions of this Ordinance.
(2) Regulations made under this section may be of general applica- tion of limited to any particular area or district or to any particular | furnace, oven, chimney or industrial plant or any class or type thereof, (3) Regulations made under this section may provide that the contravention of any of the provisions thereof shall constitute an offence and may prescribe penalties therefor not exceeding a fine of five thousand dollars and in addition in the case of a continuing offence a daily penalty of a fine not exceeding fifty dollars.
16. No matter or thing done by any public officer, bona fide for Protection
of public the purpose of giving effect to the provisions of this Ordinance or any officers. regulations made thereunder, shall subject such officer personally to any action, liability, claim or demand whatsoever.
17. The Air Navigation (Abatement of Smoke Nuisances) Ordin- Repeals. ance, 1955, and paragraph (19) of section 17 of the Public Health (11 of 1955). (Sanitation) Ordinance, 1935, are repculed,
015 of 1935).
Passed the Legislative Council of Hong Kong, this 3rd day of Jane, 1959.
(Secretariat GR22/3231/56)
Deputy Clerk of Councils.