1971-HKRS29-8-38_Part05 — Page 34

Addition of section 2A.

Amendment of section 8.

2

"dark smoke" means smoke which, if compared in the appropriate manner with the Ringelmann Chart or an approved device, would appear to be as dark as or darker than shade 2 on the Ringelmann Chart;

"flue" means a duct through which smoke, other products of combustion, fumes from any cook- ing apparatus, stove or oven, or vitiated air pass or are intended to pass for the purpose of reaching the open air;"; and

(b) in the definition of "Ringelmann Chart" by deleting "or such other device corresponding in purpose thereto as the Governor may from time to time approve by notifica- tion in the Gazette".

3.

The principal Ordinance is amended by adding after section 2 the following new section~~

"Approval of devices.

4.

1A. The Governor may by notice in the Gazette approve any device as a device by means of which the darkness of smoke may be ascertained for the purpose of this Ordinance."

Section 8 of the principal Ordinance is amended by deleting paragraph (a) and substituting the following new paragraph-

"(a) installs or operates any furnace, oven or chimney which is not capable of being operated continuously without emitting smoke which, if compared in the appropriate manner with the Ringelmann Chart or an approved device, would appear to be darker than shade 1 on the Ringelmann Chart;”.

Amendment of section 12.

5.

Section 12 of the principal Ordinance is amended- (a) by deleting subsection (1) and substituting the follow-

ing-

"(1) For the purpose of-

(a) determining the position of any apparatus or sampling point to be used for the measurement of smoke emitted from any furnace, oven or industrial plant or pass- ing through any chimney or fue: (b) determining the density of smoke emitted from any furnace, oven or industrial plant, or passing through any chimney or flue;

3

(c) determining the viscosity of any liquid fuck used in any burner of any furnace, oven or industrial plant;

(d) ascertaining the source of any smoke

nuisance; or

(e) ascertaining whether there is or has been on or in connexion with any premises any contravention of any of the provisions of this Ordinance.

a competent authority or a smoke abatement officer ITABLY

(i) inspect any furnace, oven, industrial plant,

chimney or flue;

(ii) take samples from, and make measurements of, smoke emitted from any furnace, oven or industrial plant or passing through any chimney or flue;

(i) take samples of fuel used in any burner of

any furnace, oven or industrial plant;

(iv) require the production of and inspect any records or documents relating to any fur- nace, oven, industrial plant, chimney or flue, whether or not the same are required to be kept under this Ordinance; and (v) seize, carry away and detain any record or document, which appears to him to provide evidence of any contravention of the provi- tions of this Ordinance.".

(b) in subsection (2), by-

(1) deleting *. if need be by force,"; and (ii) deleting "or by night”.

6.

Section 14 of the principal Ordinance is amended-

(a)

în subsection (2) by deleting "subsection (3)" and sub- stituting the following-

"section 14A"; and

(b) by deleting subsection (3).

7.

The principal Ordinance is amended by adding after section 14 the following new section-

"Appeal to Governor by person aggrieved.

14A. (1) Subject to section 5, a person who considers himself aggrieved by the requirement of any notice served on him or by the withholding of any

Amendment of section 14.

Addition of section 14A.