XN000022-1983-04-27 — Page 21

WEDNESDAY, APRIL 27, 1983

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HE EXPECTED THAT THE GOVERNMENT MUST HAVE REGARD TO THE NORMAL AND POTENTIAL INDUSTRIAL GROWTH IN THE ZONE SUCH THAT THE AQO ESTABLISHED WOULD NOT REACH OR LIKELY TO REACH SATURATION POINT FOR A CONSIDERABLE PERIOD OF TIME, SAY AT LEAST A DECADE OR TWO.

+ALTHOUGH THE PROVISION IN CLAUSE 7(3) OF THE BILL WOULD ENABLE THE AQO TO BE AMENDED FROM TIME TO TIME BY THE SECRETARY, AFTER CONSULTATION WITH THE ENVIRONMENTAL PROTECTION ADVISORY COMMITTEE, I NEVERTHELESS WOULD LIKE TO HAVE AN ASSURANCE FROM GOVERNMENT THAT AS AN ADMINISTRATIVE POLICY GUIDELINE, NO INDUSTRY SHALL BE DISALLOWED OR UNDULY PENALISED ON THE GROUNDS OF AQO, HE SAID.

MR CHEN STRESSED THAT THE POWER PROVIDED BY CLAUSE 28 OF THE BILL WAS FAR TOO WIDE+, IN PARTICULAR, UNDER SUB-CLAUSE (1)(IV) AN AUTHORISED OFFICER WAS EMPOWERED TO OBSERVE AND RECORD ANY PROCESS OR PROCEDURE USED IN OR IN CONNECTION WITH THE CONDUCT OF ANY SPECIFIED PROCESS, AND TO INSPECT AND MAKE COPIES OF ANY DRAWINGS, RECORDS OR DOCUMENTS RELATING TO THE SPECIFIED PROCESS.

THE DANGER THAT TRADE SECRETS COULD BE REVEALED WAS NOT AN IMPOSSIBILITY, HE POINTED OUT.

+WE WERE TOLD, HOWEVER, THAT SUCH A SITUATION WOULD BE SAFEGUARDED BY CLAUSE 41 OF THE BILL WHERE A PERSON COMMITS AN OFFENCE IN DISCLOSING TO ANOTHER PERSON TRADE OR MANUFACTORY SECRET WHICH HAS COME TO HIS KNOWLEDGE OR POSSESSION IN THE COURSE OF PERFORMING HIS DUTIES UNDER THE PROPOSED ORDINANCE, AND IS LIABLE TO A FINE OF $10 000 AND TO IMPRISONMENT FOR SIX MONTHS.

+HOWEVER, FOR SOME HIGHLY PROFITABLE TRADE SECRETS, THESE PENALTIES WOULD HARDLY PROVIDE ANY PROTECTION, AND REMAIN UNCONVINCED THAT CLAUSE 28 SHOULD BE ALLOWED TO STAND WITHOUT SOME MODIFICATIONS, HE SAID.

TURNING TO STAFFING IMPLICATIONS OF THE BILL, HE SAID THAT TO OPERATE THE BILL THE AIR POLLUTION CONTROL DIVISION OF THE LABOUR DEPARTMENT WOULD ONLY NEED TO INCREASE ITS MANPOWER STRENGTH BY THE ADDITION OF FOUR PROFESSIONAL AND THREE CLERICAL OFFICERS WHEN THE BILL WAS ENACTED.

THE DIVISION AT PRESENT COMPRISES ONE AIR POLLUTION CONTROL OFFICER, TWO SENIOR ENVIRONMENTAL PROTECTION OFFICERS, 17 ENVIRONMENTAL PROTECTION OFFICERS AND SIX CLERICAL STAFF.

+I AM PREPARED TO ACCEPT THE PROPOSED INCREASE IN MANPOWER REQUIREMENT BUT WOULD OPPOSE STRONGLY, THAT ANY FURTHER ADDITIONAL POSTS TO BE CREATED IN THE FORESEEABLE FUTURE, SAY DURING THE NEXT THREE OR FOUR YEARS AFTER THE ENACTMENT OF THE BILL, MR CHEN SAID.

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