WEDNESDAY, APRIL 27, 1983
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THE CLEAN AIR ORDINANCE PROVIDED FOR APPEAL BY WAY OF PETITION TO THE GOVERNOR IF THE RECEIPIENT OF THE STATUTORY NOTICE FELT AGGRIEVED, BUT THERE HAD BEEN NO SUCH APPEAL SINCE THE ORDINANCE CAME INTO FORCE IN 1960, INDICATING THAT THE LAW HAD BEEN REASONABLY AND FAIRLY ENFORCÉD.
NEW APPEAL PROCEDURES AS CONTAINED IN THE BILL WAS A DESIRABLE SAFEGUARD IN PROVIDING A JUDICIAL CHECK IN DISPUTED CASES, MR HENDERSON ADDED.
REFERRING TO A POINT RAISED BY THE HON STEPHEN CHEONG ON ENFORCEMENT OF THE BILL MR HENDERSON POINTED OUT THAT THE BILL AND OTHER LEGISLATION, PARTICULARLY WHERE THE PUBLIC AT LARGE WAS AFFECTED. MUST RELY ON A MIXTURE OF ENFORCEMENT BY
INSPECTION AND COMPLAINT.
HOWEVER, HE REASSURED MR CHEONG THAT MAJOR OFFENDERS WOULD CERTAINLY RECEIVE THE DEPARTMENT'S FULL ATTENTION WHEN NECESSARY.
EXPERIENCE SHOWED THAT COMPLAINT WAS AN EFFECTIVE WAY OF DRAWING THE DEPARTMENT'S ATTENTION TO THE PROBLEM SPOTS. EVERY COMPLAINT WAS THOROUGHLY INVESTIGATED, BUT ON AVERAGE LESS THAN HALF OF THE SMOKE COMPLAINTS WERE FOUND JUSTIFIED.
IN REPLY TO THE HON SELINA CHOW AND THE HON S.L. CHEN, MR HENDERSON EXPLAINED THAT THE POWERS OF ENTRY AND INSPECTION CONTAINED IN THE BILL WERE NECESSARY TO ENABLE THE AUTHORITY TO DETERMINE THE SOURCE AND CAUSE OF AIR POLLUTION,
+SEVERAL FACTORIES OFTEN SHARE A COMMON CHIMNEY, AND WITHOUT POWERS OF ENTRY IT WOULD NOT BE POSSIBLE TO DETERMINE THE FACTORY WHICH IS CAUSING THE AIR POLLUTANT NUISANCE.+
HOWEVER, ENTRY TO AND SEARCH OF PREMISES USED SOLELY FOR DWELLING PURPOSES REQUIRED A WARRANT.
FINALLY, MR HENDERSON TOOK SLIGHT ISSUE WITH THE HON WONG PO-YAN ON THE SUBJECT OF LABOUR LEGISLATION.
HE NOTED THAT MR WONG BLANKETED SUCH LEGISLATION BY THE TERM 'RESTRICTIVE MEASURES'.
+ IT SEEMS TO ME, MR HENDERSON SAID, THAT THIS DESCRIPTION IS TO UNDERVALUE GREATLY THE IMPROVED HEALTH, SAFETY AND WELFARE PROVISION FOR THE WORKFORCE ON WHICH INDUSTRY DEPENDS, AND IT CERTAINLY DOES LESS THAN JUSTICE TO THE SUPPORT GIVEN BY EMPLOYERS AND THEIR ORGANISATION TO MUCH OF THIS LEGISLATION. +
WITH REGARD TO ASSISTANCE TO SMALL OPERATORS, THE LABOUR DEPARTMENT WOULD CERTAINLY TENDER WHATEVER HELP AND ADVICE IT COULD, MR HENDERSON CONCLUDED.
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