in the same manner as if such premises were situated in a smoke control area; and, if such person is the occupier of a work place registered under (34 of 1995). section 7 of the Factories and Industrial Undertakings Ordinance, 1955, the registration thereof may be cancelled in the manner provided by subsection (3) of such section 7 of the Factories and Industrial Under- takings Ordinance, 1955.
Declaration of smoke control areas and scheduled
**BOJE
Restrictions applicable to furnace
operators, el, within
a smoke control aren.
7. (1) It shall be lawful for the Colonial Secretary by notification published in the Gazette to declare any area to be-
(a) a smoke control area; or
(b) a scheduled area,
under this Ordinance either unconditionally or subject to such conditions or exemptions as may be specified in such notification, and may in like manner amend, suspend or cancel any such declaration.
(2) Any person who objects to, or wishes to make recommenda- tions relating to, any declaration, or to any amendment, suspension or cancellation thereof, made under subsection (1) may, within twenty-one days after the date of publication in the Gazette thereof, submit in writing addressed to the Colonial Secretary such objections or recom. mendations, as the case may be, together with the grounds therefor.
(3) The Governor in Council may, after considering any objections or recommendations made under subsection (2), modify or cancel the declaration either generally or in any particular case, by further notifica- tion to that effect published in the Gazette.
(4) Subject to any modification made under subsection (3), any declaration made under subsection (1) shall come into effect on the sixtieth day following the date of publication thereof in the Gazette or such later date as the Colonial Secretary or the Governor in Council. as the case may be, shall, by the same or some other notification in the Gazette, prescribe.
#.
Except in accordance with any condition or exemption mack in his case by the Colonial Secretary or by the Governor in Cound under section 7, an occupier of any premises which are situate in a smoke control area who-
(a) installs or operates any furnace, oven or chimney which is not capable of being operated continuously without emitting smoke which if compared in the appropriate manner with a chart | known at the date of the commencement of this Ordinanc as the Ringelmann Chart would appear to be darker than shade 1 on the chart; or
(6) operates any furnace, oven or chimney in such a manner that any dark smoke is emitted for more than six minutes in any period of four hours or for more than three minutes COD tinuously at any one time.
shall be guilty of an offence and shall be liable to a fine of two thousand dollars and in addition shall be liable to a fine of fifty dollars for every quarter of an hour during the whole or any part of which such offence is knowingly and wilfully continued.
the case
9. In any proceedings for an offence against section 6 or against Special paragraph (6) of section 8, except where a notification given under defences in section 4 contains a declaration that it is given to preserve the safety of smoke of aircraft using or being about to use any airport within the Colony, nuisances. it shall be a good defence to the occupier of—
(a) any premises situate in a scheduled area to prove-
(i) that the furnace, oven, chimney or industrial plant in question complied with and was, at all material times, operated in accordance with the provisions of any regulation made under this Ordinance relating thereto; and
(1) that such furnace, oven, chimney or industrial plant was, at all material times, maintained in good order and condition; and
(ii) that such furnace, oven, chimney or industrial plant was, at all material times, operated in such a manner as to produce the minimum quantity of smoke commensurate with the design thereof; and
(iv) that, in the case of a furnace, such furnace was, at all material times, supplied with fuel which was-
(I) not a prohibited fuel; and
(11) a fuel which, when burned in the furnace in question, produced the minimum quantity of smoke conumen- surate with the design of such furnace; or
(5) any premises situate otherwise than in a scheduled area to
prove-
() in the case of a furnace, that the contravention com. plained of was solely due to the lighting up of such furnace which was cold and that all practicable steps had been taken to prevent or minimize the emission of dark smoke; or
(i) in the case of a furnace. that the contravention com- plained of was solely due to the use of unsuitable fuel, that suitable fuel was unobtainable, that the least unsuitable fuel which was available was used and that all practicable steps had been taken to prevent or minimize the emission of dark smoke as the result of the use thereof; or
(iii) that the contravention complained of was solely due to failure of a furnace, oven, chimney or industrial plant or of apparatus used in connexion therewith and that that failure could not reasonably have been foreseen, or if foreseen, could