Cfenca in relation to seedom 37 and 38
Autboda
masy sold a heafjar
to keep Perez.
Protection
of private
information
from publicity.
and any certificate purporting to have been signed by the analyst shall be presumed, until the contrary is proved, to bave been signed by him.
(5) In this section "analyst" means the Government Chemist or any person appointed by the Governor as an analyst for the purposes of this section.
(6) An appointment by the Governor under subsection (5) shall be porified in the Gazette.
40. A person who-
(a) willfully obstructs an authorized officer in the exercise of any power conferred on such officer by or under section 37 or 38; or (b) fails without reasonable excuse to comply with any requirement
duly made by an officer under those sections: or
(c) in compliance or purported compliance with soy such requirement produces any drawing, document or record which he knows to be incorrect or inaccurate in a material particular or does not believe to be correct and accurate,
commits an offence and is liable to a fine of $5,000.
FART VLI
MISCELLANEOUS
48. (1) Where on an application under section 18, 19, 23 or 28, any objection to the grant of the application is duly made to the Authority, he may hear the applicant and any objecter if he considers it expedient for the purpose of obtaining information relevant to any question to be decided.
(2) The procedure to be followed at, or for the purpose of convening. soy bearing under subsection (1) shall be determined by the Authority,
42. (1) The Authority shall cause to be kept, in such form as the Secretary may determine, a register containing the prescribed particulars in relation to such of the following as fall under his jurisdiction......
(a) all discharges and deposits which are exempt pursuant to section 15 and applications and notices under this Ordinance in respect thereof;
(6) all discharges and deposits for which a licence is in force, ap plications for such licences and other applications and notices under this Ordinance in respect thereof;
(c) such other matters as may be required by regulations made under
section 46 to be recorded in the register.
(2) The register shall be open for inspection by the public during normal office hours at such places as the Secretary thinks fit
(3) A person shall be entitled, upon payment of the prescribed fee, to a copy of any entry in the register certified by or on behalf of the Authority.
43. (1) Any person may apply to the Secretary to withhold from public notification or other public access under this Ordinance any specified information concerning a discharge or deposit, whether appearing in a licence or an application therefor or in any notice, return or other document.
23
(2) An application under subsection (1) shall be granted by the Secretary to the extent that he is satisfied that public notification or other public access to the information would-
(a) be contrary to the applicant's private interest to an unreasonable
degree; or
(b) be contrary to the public interest.
(3) Where an application under this section is refused by the Secretary, whether in whole or in part-
(e) notice of the refusal and of the reasons therefor shall be given
in writing by the Secretary to the applicant;
(6) the information shall not be publicly notified or otherwise made accessible to the public until the time for appeal under sec- tion 29(3) has expired.
44. (1) A person commits an offence who, except in the circumstances Offence to provided for in subsection (2), discloses or gives to another person any one perek
Informarlon information or documeal concerning a trade or business secret which has obliged come to his knowledge or jato his possession in the course of the exercise officially. or performance of his powers, functions or dutles under this Ordinance.
(2) A person does not commit an offence under subsection (1) if he discloses or gives any information or document to another person-
(a) for the purpose of the exercise or performance of his powers, functions or duties under this Ordinance and proocedings connected therewith:
(b) pursuant to an order of a court under subsection (3);
(c) with the consent in writing of all such persons as appear to him, after reasonable inquiry, to be interested in the confidentiality of the information or document.
(3) Where in any proceedings a court considers that the justice of the case so requires, the court may order the disclosure of any information
or the giving of any document referred to in subsection (1).
(4) A person who commits an offence under subsection (1) is liable
do a fuc of $10,000 and to imprisonment for 6 months.
45. (1) No liability shall rest on the Crown or upon any public travesdon officer by reason of the fact that any licence or exemption is granted al Crown
And public or continued under this Ordinance for the discharge or deposit of any odxcm. matter into the waters of Hong Kong or into inland waters or into a public sewer or public drain.
(2) A public officer shall not be personally liable in respect of any act or omission of his if it was done of made by him in the honest belict that it was required or authorized in the exercise of any power, function or duty of his under this Ordinance.
(3) The protection conferred on public officers by subsection (2) in respect of any act or omission shall not jo any way affect any liability of the Crown in tort for that act or omission.
46. (1) The Governor in Council may, after consultation with the Relations. Environmental Protection Advisory Committee, by regulation provide for-
() the manner in which quantities and rates of discharges and deposits are to be calculated for the purposes of section 160X8E
(b) the form and contents of→
(i) a notice under section 14
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