XN000022-1983-04-27 — Page 25

WEDNESDAY, APRIL 27, 1983

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+THE AMENDED CLAUSE 11 WILL ALSO MAKE PROVISION FOR THE INCLUSION OF NEW PROCESSES AND, MORE IMPORTANTLY, FOR THIS COUNCIL TO AMEND THE NEW SCHEDULE 1A OF SPECIFIED PROCESSES BY RESOLUTION, MR WONG SAID.

HE EMPHASISED THE NEED FOR MAINTAINING FLEXIBILITY IN SETTING LICENSING CONDITIONS FOR INDIVIDUAL OPERATORS SO AS TO MINIMISE THE INITIAL IMPACT ON OPERATIONAL EFFICIENCY AND POSSIBLE HIGHER COSTS OF PRODUCTION.

AS FOR SMALL OPERATORS WHO WILL NOT BE REQUIRED TO TAKE OUT LICENCES, AT LEAST INITIALLY, MR WONG SUGGESTED THAT THEY BE OFFERED ASSISTANCE AND INCENTIVES SO THAT THEY MIGHT UNDERSTAND THE IMPORTANCE OF POLLUTION CONTROL AND LIMIT THEIR POLLUTANT EMISSIONS VOLUNTARILY.

ENVIRONMENTAL IMPROVEMENT HUST NOT BE

AT EXPENSE OF CIVIL RIGHTS

*****

POLLUTION CONTROL COULD NOT BE ACHIEVED MERELY BY PLACING LEGISLATION ON THE STATUTE BOOK, THE HON BILL BROWN SAID AT THE RESUMED DEBATE ON THE AIR POLLUTION CONTROL BILL 1982 IN THE LEGISLATIVE COUNCIL TODAY.

+SUCH CONTROL MUST ALSO INCLUDE INSTITUTIONAL, SCIENTIFIC AND TECHNOLOGICAL ARRANGEMENTS, WHICH ARE ECONOMICALLY FEASIBLE AND WITHOUT WHICH THE LEGISLATION WOULD BE A POINTLESS EXERCISE,+ MR BROWN SAID.

IT HAD BEEN NECESSARY FOR UNOFFICIAL MEMBERS TO ENQUIRE INTO THESE ISSUES AND TO SATISFY THEMSELVES ON THEM, HE SAID.

ADDITIONALLY, THEY HAD BEEN CONCERNED THAT THE DESIRE TO IMPROVE THE ENVIRONMENT SHOULD NOT BE ACHIEVED AT THE EXPENSE OF UNNECESSARY ENCROACHMENT UPON THOSE CIVIL RIGHTS WHICH THE PEOPLE OF HONG KONG ARE ENTITLED TO SEE PRESERVED, HE SAID.

+THE BILL AS IT CURRENTLY STANDS OPERATES ON THE BASIS OF THE OPINION OF THE LAW ENFORCEMENT OFFICER AS FAR AS THE ISSUE OF ABATEMENT NOTICES IS CONCERNED, + MR BROWN POINTED OUT.

HE NOTED THAT THE SECRETARY FOR HOME AFFAIRS WAS OPTIMISTIC THAT THE APPEAL BOARD PROCEDURES WOULD ENSURE JUSTICE AND GOOD GOVERNMENT.

+HOWEVER, AS THE MAIN FUNCTION OF THE APPEAL BOARD ON THIS MATTER WILL BE TO DECIDE WHETHER THE AUTHORITY IS RIGHT TO ISSUE THE ABATEMENT NOTICE AND AS IT IS AN OFFENCE NOT TO COMPLY WITH THE NOTIFICATION, IT IS DIFFICULT TO SEE ON WHAT GROUNDS APPEALS WOULD SUCCEED,+ HE SAID.

TO GET OVER THIS, IT HAD BEEN SUGGESTED THAT THE BILL COULD BE AMENDED TO MAKE IT CLEAR THAT THE APPEAL BOARD MUST CONSIDER THE QUESTION OF WHETHER A NUISANCE EXISTED OR WAS IMMINENT AT THE TIME AN ABATEMENT NOTIFICATION WAS GIVEN.

/+HOWEVER, THIS