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FRIDAY, MAY 12, 1989
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PRACTICE FOR
"IN ORDER TO BE IN LINE WITH THE EXISTING EXERCIST OF POWERS OF ENTRY ETC. AUTHORISED OFFICERS ARE REQUIRED UNDER THE BILL TO REASONABLY SUSPECT THAT AN OFFENCE HAS BEEN OR LS BEING COMMITTED BEFORE AN ENTRY IS MADE. HE SAID.
"THEY ARE ALSO REQUIRED TO CARRY AND PRODUCE, IF NECESSARY, THEIR PROOF OF OFFICIAL IDENTITY AND PROOF OF AUTHORISATION WHEN ON DUTY.
'FINALLY, BEFORE AN ENTRY IS MADE TO A DWELLING VESSEL OR ANY PLACE OR PREMISES USED SOLELY FOR DWELLING PURPOSES IN CASES WHERE CONSENT FOR SUCH ENTRY IS NOT GIVEN, THE PUBLIC OFFICERS CONCERNED ANE OBLIGED TO OBTAIN, CARRY AND PRODUCE. IF REASONABLY PRACTICABLE TO DO SO, A WARRANT FOR SUCH ENTRY."
THE SPOKESMAN EMPHASISED THAT IT WOULD ALSO BE NECESSARY TO PROVIDE AUTHORISED OFFICERS WITH POWER TO REQUIRE A PERSON TO DECLARE HIS NAME AND ADDRESS ANI TO PRODUCE DOCUMENTARY EVIDENCE OF HIS IDENTITY DURING INVESTIGATIONS ON MARINE LITTERING OFFENCES.
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TO DETER SUSPECTS EFFECTIVELY FROM REFUSING ΤΟ COMPLY WITH THE IDENTIFICATION REQUIREMENTS, WE PROPOSE TO MAKE SUCH REFUSAL AN OFFENCE PUNISHABLE BY A MAXIMUM PENALTY OF A $10,000 FINE AND SIX MONTIIS' IMPRISONMENT," HE POINTED OUT.
"THE OPPORTUNITY IS TAKEN TO REVISE THE MAXIMUM PENALTY FOR PEOPLE CONVICTED OF MARINE LITTERING OFFENCES PROVIDED UNDER SECTION 4011) OF THE ORDINANCE FROM A $5,000 TO $10,000 FINE."
HOWEVER, THE MAXIMUM PRISON SENTENCE WILL REMAIN UNCHANGED AT
SIX MONTHS.
"THIS IS IN LINE WITH THE MAXIMUM PENALTY ON LITTERING ON LAND OR WATERCOURSES UNDER BY-LAW 4 OF THE PUBLIC CLEANSING AND PREVENTION OF NUISANCES (URBAN COUNCIL)/(REGIONAL COUNCIL) BY-LAWS, CHAPTER 132, THE SPOKESMAN EXPLAINED.
JA
"WITH REGARD TO THE PROPRIETOR OR OCCUPIER OF THE PRIVATE PREMISES, OR THE OWNER OR MASTER OF THE VESSEL, WHERE THESE OFFENCES ARE COMMITTED, THE MAXIMUM PENALTY PROVIDED UNDER SECTION {D(2) OF THE ORDINANCE IS TO INCREASE FROM A $5,000 TO $50,000 FINE AND FROM SIX MONTHS' TO ONE YEAR'S IMPRISONMENT.
"THIS IS SIMILAR TO THE PROVISION IN SECTION ORDINANCE IMPOSED ON CONTRACTORS ON A SITE CARRYING OUT REPAIR OR DECORATION WORKS WHERE OBJECTS ARE DROPPED.
4B (2) OF THE CONSTRUCTION,
THE SPOKESMAN SAID THE URBAN COUNCIL AND THE REGIONAL COUNCIL HAD ENDORSED THE PROPOSALS AND THE BILL WAS EXPECTED TO BE INTRODUCED INTO THE LEGISLATIVE COUNCIL ON MAY 24.
NOTING THAT FLOATING REFUSE WAS A LONG STANDING PROBLEM IN THE HONG KONG WATERS, THE SPOKESMAN SAID THAT A REPORT COMPILED BY THE THEN ENVIRONMENTAL PROTECTION AGENCY AND OTHER STUDIES HAD REVEALED THAT NULLAHS AND STORMWATER OUTFALLS WERE A MAJOR SOURCE OF FLOATING REFUSE. AND THAT OTHER NOTABLE SOURCES INCLUDED WATERFRONT ACTIVITIES AND VESSELS.
/"ALTHOUGH SHIPYARDS