1959-HKRS28-8-26_Part02 — Page 11

Application.

Notice to

nuisance.

"industrial plant" includes any still, melting pot or other plant used for industrial or trade purposes and also any incinerator used for or in connexion with any such purposes;

"oven" includes any form of retort or container used to subject solid

fuel to any process involving the application of heat; "premises" includes industrial plant;

"scheduled area" means any arca declared by the Colonial Secretary

to be a scheduled area under the provisions of this Ordinance; "smoke" includes-

(a) noxious vapours, dust or fumes; and

(6) soot, ash, grit or gritty particles emitted in smoke or steam; "smoke abatement officer" means an officer appointed by the Governor

in accordance with section 10 to be a smoke abatement officer; "smoke control arca” means any urea declared by the Colonial Secretary to be a smoke control area under the provisions of this Ordinance: "smoke nuisance" means any emission of smoke which either alone or in conjunction with any other such emission is a nuisance to the inhabitants of the neighbourhood or imperils or is likely to imperil the safety of aircraft using or being about to use any airport withia the Colony.

3.

Nothing in this Ordinance shall apply to smoke emitted from; any furnace used in any ship or vessel.

4. (1) Ou any occasion when, in the opinion of a competent; abale smoke authority, a smoke nuisance exists or is imminent, the competent authority shall either personally or through a smoke abatement officer,) as soon as practicable after he has become aware thereof, notify, eitherf verbally or in writing, the existence or imminence, as the case may be. of the nuisance to the occupier of any premises in which any furnace. oven, chimney or industrial plant is, in his opinion, by the emission of smoke, causing or contributing to the existence or imminence of such nuisance.

(2) Such notification may require the occupier forthwith, or at some future time, and for so long as the notification specifies, or until it is withdrawn--

(a) to reduce to such extent as is specified in the notification the emission of smoke from such furnace, oven, chimney or in dustrial plant, as the case may be or

(b) where such smoke nuisance imperils or is likely to imperil the safety of aircraft using or being about to use any airport within the Colony, to eliminate the emission of such smoke:

3

Provided that in any case to which paragraph (b) applies. the notification given under this section shall contain a dec- laration that it was given to preserve the safety of aircraft. (3) If any notification under this section is given or withdrawn verbally, such notification or such withdrawal, as the case may be, shall be confirmed in writing so soon thereafter as circumstances permit:

Provided that nothing in this subsection shall be construed to sanction any failure or delay in compliance with any of the requirements of such verbal notification.

(4) In any case, except a case involving the safety of aircraft, in which a competent authority has reasonable grounds to believe that the existence or imminence of a smoke nuisance is due to the fact that any furnace, oven, chimney or industrial plant is creating a greater quantity of smoke than need be by reason of unsuitable design or defective construction or maintenance or excessive wear and teur, he shall instead of exercising his powers under this section exercise such powers under section 14 as may be appropriate to the circumstances of the case.

tion that it is given to preserve the safety of aircraft, any person who Governor in

5. Where a notification given under section 4 contains a declara- Appeal to

considers himself aggrieved by any requirement of such notification. Council may within twenty-eight days after the notification is given, appeal by against certain way of petition to the Governor or to the Governor in Council at the notifications. Sption of the appellant; and the Governor or the Governor in Council, as the case may be, whose decision shall be fioul, shall confirm, vary or annul such requirement:

Provided that notwithstanding any such appeal the requirements of the notification shall be complied with until either varied or acnulled.

failure to

abate smoke

uisance.

6. (1) Subject to the provisions of section 9, if any person to Penalty for whom a notification under section 4 is given fails to comply with any of the requirements thereof he shull, in any case where such notification coutains à declaration that it was given to preserve the safety of aircraft, be liable to a fine of ten thousand dollars and in any other case to a fine of two thousand dollars and in either case to a further fine of fifty dollars in respect of every one quarter of an hour during the whole or any part of which a smoke nuisance is knowingly or wilfully caused, continued or suffered by him.

(2) Notwithstanding any penalty incurred under subsection (1) any person who, being the occupier of premises nol situate in a smoke control area, has been convicted on three separate occasions of offences under this section in relation to such premises, shall become liable to the restrictions provided for under section 8, subject to such modifica- tions, exemptions or limitations as a competent authority may specify,