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FRIDAY, OCTOBER 9, 1981
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TOUGHER MEASURES AGAINST ILLEGAL DUMPING
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TO HELP MAKE HONG KONG A CLEANER PLACE, THE GOVERNMENT PROPOSES TO STRENGTHEN THE LAW TO DEAL WITH THE PROBLEM OF ILLEGAL DUMPING OF LITTER AND WASTE.
PROVISIONS ARE CONTAINED IN THE PUBLIC HEALTH AND URBAN SERVICES (AMENDMENT) (NO. 2) BILL 1981, PUBLISHED IN THE GAZETTE TODAY, TO EXTEND THE DEFINITION OF LITTER TO COVER ALL TYPES OF ILLEGALLY-DUMPED MATERIAL.
A GOVERNMENT SPOKESMAN SAID THE INTENTION WAS TO MAKE IT CLEAR THAT THE LAW APPLIED TO LITTER DEPOSITED FROM GOODS VEHICLES.
SERIOUS PROBLEMS HAD BEEN CAUSED IN THE PAST BY THE ILLEGAL AND INDISCRIMINATE DUMPING OF LORRY LOADS OF LITTER, WASTE AND OTHER MATERIAL, PARTICULARLY IN THE NEW TERRITORIES, BY DRIVERS WHO FAILED TO MAKE USE OF CONTROLLED TIPS, THE SPOKESMAN SAID.
→BECAUSE OF THE PREVALENCE OF THIS PRACTICE, ITS HARMFUL EFFECT ON THE ENVIRONMENT AND THE COST INVOLVED IN THE REMOVAL OF THE RUBBISH, IT IS IN THE PUBLIC INTEREST THAT AMENDMENTS BE INTRODUCED TO MAKE THE LAW MORE EFFECTIVE, THE SPOKESMAN SAID.
UNDER EXISTING LEGISLATION, LIABILITY FOR THE OFFENCE IS RESTRICTED TO THE PERSON WHO ACTUALLY DUMPS THE LOAD.
IN VIEW OF THE DIFFICULTY IN ESTABLISHING THE IDENTITY OF THE PERSON DRIVING THE VEHICLE AT THE TIME OF THE OFFENCE, UNLESS THE OFFENDER IS CAUGHT IN THE ACT, NEW REGULATIONS WOULD MAKE THE OWNER OR HIRER OF GOODS VEHICLES RESPONSIBLE FOR THE ACTIONS OF THE DRIVERS UNDER THEIR CONTROL.
THIS MEANS THAT THE OWNER OR HIRER OF A GOODS VEHICLE WOULD BE LIABLE FOR AN OFFENCE IN ADDITION TO THE DRIVER WHO DUMPS LITTER AND COULD BE PROSECUTED IN CASES WHERE THE DRIVER IS NOT IDENTIFIED.
THE SPOKESMAN SAID THE OWNER OR HIRER OF THE VEHICLE WOULD NOT BE CONVICTED IF A VEHICLE WAS TAKEN WITHOUT THE CONSENT OF THE OWNER OR HIRER OR IF THE OFFENCE RESULTED FROM AN ACCIDENT OR SOME OTHER CAUSE BEYOND THEIR CONTROL.
THE GOVERNMENT ALSO PROPOSES TO TAKE THIS OPPORTUNITY TO RAISE THE FINES FOR ALL LAND-BASED LITTERING OFFENCES TO CONFORM WITH THE PENALTY FOR MARINE LITTERING, AS INTRODUCED UNDER THE SUMMARY OFFENCES ORDINANCE IN JUNE THIS YEAR.
SUBJECT TO THE APPROVAL OF THE LEGISLATIVE COUNCIL, THE CURRENT PENALTIES OF $1 000 FOR A FIRST OFFENCE AND $2 000 FOR SUBSEQUENT OFFENCES WILL BE INCREASED TO A FINE OF $5 000 AND IMPRISONMENT FOR SIX MONTHS.
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