Prodeled divcrven
imba bę
of Hona
Kong and
Ertland walls.
(91 1575/1831)
(Cap. 113)
(Chap. 1270)
Cap. 295.)
6
(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 sewages 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 discharges-
(2) any poisonous, noxious or polluting matter into the waters of
Hong Kong in a water control Zome;
(6) 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 faw of the water in a manner leading or likely to lead to a súbalantilal aggravation of pollution.
(2) Where any maller 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 ().
(3) This section does not apply to any of the following discharges or deposiù-
(0) a discharge which is made by way of a public sewer or public
drain:
(6) a discharge of oil or a mixture containing oil into the waters of Hong Kong (within the meaning of each of these terms ia sections 41 and 46 of the Shipping and Pure Control Ordinance);
(c) a_discharge incidental to, or derived from, the normal operation of a vessel (including a dynamically supported craft) or of its equipment;
(d) a discharge which requires to be licensed under paragraph 1 of Schedule to the Dumping at Sea Act 1974 (Overseas Territories) Order 1975;
(e) a discharge or deposit made--
(1) by, or with the consent of the Director of Marine for the purpose of carrying out harbour works or providing moorings or aids to pavigation;
(ii) as part of an undertaking authorized by the Governor in Council under subsection (2) of section 3 of the Public Reclama- tions and Works Ordinance or by the Governor under subscc- tion (3) of that section;
(ii) under, and in accordance with, a Crown lease granted under the Foreshores and Sea Bed Ordinance;
(A) a discharge or deposit which la forbidden by the Dangerous Gooda
Ordinance or any regulations made thereunder.
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9. (1) Subject to section 12, a person commits an offence who Protubleed discharges any matter into a public sewer or public drain in a water control dachtega zone other thag-
(a) a discharge of domestic sewage into-
(i) a public sewer, or
(D a public drain.
for the carriage of foul water;
(6) a discharge of unpolluted water into-
(0) a public sewer, or
(1) a public drain,
for the carriage of surface drainage water.
(2) Where any matter is discharged into a public sewer or public drain in a water control zone from any premises, then, subject to section 12. the occupier of the premises commits an offence, in addition to any other person who may be guilty of an offence under sobsection (1).
(3) In subsection (1)—–—–
"domestic sewage" means any waste of a kind and quantily which is ordinarily disposed of in a household by the normal use of a todet. watercloset, bath, shower, sink, basin or other sanitary fitment by persons residing therejo;
"unpolluted water" means—
(a) rain water from any part of a building, including any area ap-
purtenant to a building;
(6) water which does not contain any poisonous, noxious or polluting
matter.
(4) This section does not apply to-
Dalam pe HA ments and
pable draba.
(0) a discharge or deposit which is forbidden by the Dangerous Goods (cap. 295.1
Ordinance or any regulations made thereunder; or
(b) water used-
(i) for firefighting purposes;
(ii) in connexion with an occurrence in which life or property is endangered;
(i) for the cleansing of streets, thoroughfares, and other areas.
sections B
per
10. In any proceedings for an offence under section 8(1), 8(2), 9(1) Mental or 9(2) in which it is alleged that the defendant caused malter to enter the logredicat of waters of Hong Kong or inland waters or a public sewer or public drain or caused matter to be deposited as provided in section 2(3) it shall not and 9. be necessary for the prosecution to prove that the acts or omissions in question were accompanied by any intention, knowledge or negligence oa the part of the defendant as lo ang element of the offence.
11. A person who commits an offence under section 8(1), 8(2), 9(1) Pomalies, or 9(2) is liable to-
(a) for a first offence, a fine of $50,000;
(6) for a second or subsequent offence, a fine of $100,000,
and in addition, if the offence is a continuing offence, to a fine of $500 for each day during which it is proved to the satisfaction of the court that the offence has continued.