WEDNESDAY, MAY 27, 1981
11
BILL SEEKS HIGHER PENALTY FOR MARINE LITTERING
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A BILL WAS INTRODUCED AT THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY) PROVIDING FOR AN INCREASED PENALTY OF $5 000 AND SIX MONTHS IMPRISONMENT FOR MARINE LITTERING.
IN INTRODUCING THE SUMMARY OFFENCES (AMENDMENT) (NO. 2) BILL 1981, WHICH WAS ALSO GIVEN A SECOND READING, THE SECRETARY FOR THE ENVIRONMENT, THE HON DEREK JONES, SAID THAT WHILE THE PENALTY MIGHT SEEM HIGH, IT WAS CONSIDERED THAT IT SHOULD BE SET AT A LEVEL NOT ONLY TO DEMONSTRATE THE SERIOUSNESS WITH WHICH THIS OFFENCE IS VIEWED, BUT ALSO TO ACT AS A SUFFICIENT DETERRENT.+
MR JONES EXPLAINED THAT THE BILL REFINES EXISTING MEASURES FOR CONTROLLING LITTERING IN PUBLIC PLACES AND AT THE SAME TIME MAKES SPECIFIC PROVISION FOR A NEW MARINE LITTERING OFFENCE.
HE SAID THE BILL WOULD MAKE IT AN OFFENCE TO DEPOSIT LITTER INTO HONG KONG WATERS, OR TO LEAVE LITTER IN ANY PLACE WHERE IT WOULD BE LIKELY TO BE SWEPT BY THE TIDE INTO THE SEA. THIS IS INTENDED TO DEAL WITH THE PROBLEM OF SUCH MATERIAL AS SCRAP TIMBER FROM BOAT OR TIMBER YARDS WHICH IS FREQUENTLY LEFT ON THE TIDE LINE AND ALLOWED TO DRIFT INTO THE WATER.
IT IS ALSO PROPOSED THAT, APART FROM THE ACTUAL
OFFENDER, LIABILITY FOR THIS OFFENCE WILL BE EXTENDED TO INCLUDE THE OWNER OR MASTER OF THE VESSEL OR THE PROPRIETOR OR OCCUPIER OF THE ESTABLISHMENT FROM WHICH SUCH WASTE EMANATES SO AS TO ENCOURAGE HIM TO PROVIDE PROPER DISPOSAL ARRANGEMENTS.
THE BILL ALSO PROVIDES THAT IT SHALL BE A DEFENCE IF A PERSON CHARGED UNDER THESE EXTENDED LIABILITIES CAN PROVE THAT THE OFFENCE OCCURRED DUE TO AN ACCIDENT, OR CIRCUMSTANCES BEYOND HIS CONTROL, AND THAT ALL REASONABLE PRECAUTIONS TO PREVENT ITS OCCURRENCE HAD BEEN TAKEN.
+FINALLY, THE BILL PROVIDES FOR THE PENALTY FOR THE OFFENCE OF MARINE LITTERING TO BE INCREASED TO $5 000 AND SIX MONTHS IMPRISONMENT. WHILE THIS MAY SEEM HIGH, IT IS CONSIDERED THAT THE PENALTY SHOULD BE SET AT A LEVEL NOT ONLY TO DEMONSTRATE THE SERIOUSNESS WITH WHICH THIS OFFENCE IS VIEWED, BUT ALSO TO ACT AS A SUFFICIENT DETERRENT.+
DEBATE ON THE BILL WAS ADJOURNED.
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