1980-HKRS28-16-28_Part01 — Page 28

Authenticated Laws 確真本香港法例 All

Penalties for

ellenes madur

Bection 16 and 17 and delegCOL

Dat wagte delivered for daposal.

Prohibicion pa

18. (1) Any person who commits an offence under section 16 or 17 iş liable-

(2) for the first offence, to a fine of $50,000;

(6) for a second or subsequent offence, to a fine of 5100,000; and () in addition, if the offence is a continuing offence to a fine of $500 for each day during which it is proved to the satisfaction of the court that the offence has continued.

(2) A person does not commit an offence under section 16 or 17 if he proves that the waste was disposed of in an emergency to avoid danger to the public and as soon as was reasonably practicable he informed the Director of Public Works thereof in writing

19. (1) The Director of Public Works may require any person who delivers to him for disposal any waste (other than honachold waste) to state the nature of the waste and to given such other information relating to the waste as the Director may require.

(2) Any person who, in complying with a requirement under sub- section (1) makes any statement or gives any information which he toows to be incorrect in a material particular or who recklessly makes a state- ment or gives information which is incorrect in a material particular or knowingly omits any material particular therefrom commits an offence and is liable to a line of $5,000.

20. (1) Any person who, without the permission of the Director of Import of waste Public Works, imports into Hong Kong any waste for the purpose of disposing of it in Hong Kong commits an offence and is liable to a fina of 350.000.

into Hea Kook.

Applicatiome

for and R of leeners.

2) Where a person is convicted of an offence under subsection (1)- (a) the Director of Public Works may seize and dispose of the

waste, or

(6) the court may order the convicted person, within a specified time.

to remove the waste from Hong Kong.

(3) A person who fails to comply with an order made under sub- section (2)(b) commits an offence and is liable to a fine of $50,000; and, in the event of such failure to comply, the Director of Public Works may ecize and dispose of the waste.

(4) Where the Director of Public Works seizes and disposes of waste under this section, he may recover, as a civil debt, the costs of seizure and disposal from the importer of the waste or the owner of the waste.

(5) This section shall not apply to-

(4) any waste imported into Hong Kong for the purposes of any

manufacturing process;

(8) any waste imported into Hong Kong by a vessel, aircraft or train for disposal in Hong Kong if such waste is incidental to or derived from the normal operation of the vessel, aircraft or train or its equipment

PART V

LICENCES

21. (D) A person who wishes to apply for a waste collection licence shall apply to the collection authority in the prescribed form.

(2) A person who wishes to apply for a waste disposal licence shall apply to the waste disposal authority in the prescribed form.

(3) An application under subsection (1) or (2) shall be accompanied by the prescribed fee or the fee determined by the Urban Council under section 103), as the case may be.

(4) The appropriate licensing authority may either grant or refuse to grant a licence.

(5) I he refuses to grant a licence, the licensing authority shall within 30 days of such refusal notify the applicant in writing of his refusal and shall inform him of his reasons therefor.

22. (0) A waste collection licence shall, subject to the terms and Effea of conditions thereof and during the period specified therein, authorize licences. and require, in relation to any area specified therein all or any of the following-

(a) the removal and disposal of household waste, street waste, trade

waste or animal waste;

(b) the cleansing and emptying of pail latrines;

(c) the desludging of aqua privies and septic tanks; and

(c) the removal and disposal of excretal matter from such latrines,

privies and tanks.

which, but for such authorization, would be a contravention of section 11.

(2) A waste disposal Hcence shall, subject to the terms and conditions thereof and during the period specified therein, authorize the use of land for the disposal of waste, which, but for such authorization, would be a contravention of section 16.

2. (1) A licence issued under this Ordinance shall be for such General period and may be subject to such terms and conditions as the authority risings a kuing the same thinks fit

(2) Any licence issued under this Ordinance may, upon its expiry, be renewed upon application and upon payment of the prescribed fée,

(3) Where a licence issued under this Ordinance is in force and the authority by whom it was issued considers it necessary in the public interest, the authority may, by notice in writing, to the holder of the licence-

(a) O impose now or amended terms or conditions subject to the observance of which, as from a specified date, the licence shall continue in force:

(i) cancel the licence as from a specified date if the holder fails to observe any such term or condition;

(b) cancel the licence as from a specified date;

(e) revoke or amend or add to any notice previously given under

this subsection, or any part of such notice.

(4) Subject to subsection (5), the date specified in a notice for the addition or amendment of any term or condition under paragraph (0) or (c) of subsection (3) or the cancellation of a licence under paru- graph (b) thereof shall be not less than 90 days after the day on which the notice is given to the holder of the licence.

(5) Where in the opinion of the authority by whom a licence is issued it is necessary to amend or add a term or condition under para-

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