1955-HKRS29-8-22_Part01 — Page 21

Notice to occupier of likelihood of smoke

nulaance.

Notification

of existence or im ninence

of smoke nuisance.

"smoke nuisance" means any emission of smoke which, either,

alone or in conjunction with any other such emission, imperils or is likely to imperil the safety of aircraft using Hong Kong Airport (Kai Tak).

3. Where in the opinion of the Director of Civil Aviation a smoke nuisance is likely to emanate from any premises, he may give to the occupier of the premises written notice thereof, specifying the nature of the nuisance apprehended.

(1) On any occasion when, the opinion of the Director of Civil Aviation, & smuke naisance exists or is imminent, he shall, as soon as practicable after he has, betonte aware therenf,*! notify the existence or imminence, as the case may be, of the nuisance to the occupier of any premises which, in his opinion, are by the emission of smoke causing or contributing to the existence or imminence of such nuisance.

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(2) Such notification shall require such occupier, forthwith and for so long as it remains in force, to reduce o eliminate the emission of smoke from his premises to the satisfaction of the Director of Civil Aviation.

(3) A notification given under subsection (1) shall remain? in force until such time as the Director of Civil Aviation notifies the occupier of the premises to which it relates that there is no longer any need on that occasion to reduce or eliminate the emission of smoke from such premises.

(4) A notification given under subsection (3) shall be without prejudice to the giving of a further notification under subsection: (1) as occasion may require.

(s) If a notification given under either subsection (1) of subsection (3) is not in writing, the Director of Civil Aviation-i (4) shall, if so required at the time of the notification by the person to whom the samne is given, confirm the same in. writing; and

(b) may, if no such requiremenu as aforesaid is made,

confirm the notification in writing.

(6) Written confirmation under subsection (5) shall be given as soon as practicable after the giving of the notification to which it relates.

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5. (1) Any person to whom a notification under subsection Appoal (c) of section 4 has been given, may appeal against any require- ment thereof by writing addressed to the Governor or the Governor in Council at the option of the appellant.

(a) The Governor or the Governor in Council, as the case may be, shall either confirm or vary or annul such requirement and his decision shall be finat, but pending such decision, the appellant shall comply with all the requirements of such notification.

6. In the event of a notification given under subsection (r) Penalty for of section 4 not being complied with, the occupier of the premises failure ta

abate in relation to which it has been given shall be guilty of an offence nuisance. and liable-

(a) on summary conviction, to a fine of twenty thousand

dollars and to imprisonment for six months; or

(b) on conviction on indictment, to a fine of one hundred thousand dollars and to imprisonment for twelve months.

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Neither the Government nor the Director of Civil Avia- No lability

for loas tion shall be liable for any loss or damage-

or damage.

(c) consequent upon the enforcement of any of the provisions

of this Ordinance; or

(b) caused by the existence of any smoke nuisance, whether or not any of the provisions of this Ordinance have been enforced.

Passed the Legislative Council of Hong Kong, this 30th day of March, 1955-

يستكم

Deputy Clerk of Councils,