TNAG-0955-FCO40-1174-Legislation-for-traffic-on-roads-in-Hong-Kong-1980 — Page 156

A182

Ord. No. 41/80

(SI 1975/1831.)

(Cap. 113.)

(Cap. 127.)

(Cap. 295.)

Prohibited discharges into public sewers and public drains.

(Cap. 295.)

WATER POLLUTION CONTROL

(c) a discharge incidental to, or derived from, the normal operation of a vessel (including a dynamically supported craft) or of its equipment;

(d) a discharge which requires to be licensed under paragraph 1 of Schedule I to the Dumping at Sea Act 1974 (Overseas Territories) Order 1975;

(e) a discharge or deposit made

(i) by, or with the consent of, the Director of Marine for the purpose of carrying out harbour works or providing moorings or aids to navigation;

(ii) as part of an undertaking authorized by the Governor in Council under subsection (2) of section 3 of the Public Reclama- tions and Works Ordinance or by the Governor under subsec- tion (3) of that section;

(iii) under, and in accordance with, a Crown lease granted under the Foreshores and Sea Bed Ordinance;

(f) a discharge or deposit which is forbidden by the Dangerous Goods

Ordinance or any regulations made thereunder.

9. (1) Subject to section 12, a person commits an offence who discharges any matter into a public sewer or public drain in a water control zone other than-

(a) a discharge of domestic sewage into-

(i) a public sewer, or

(ii) a public drain,

for the carriage of foul water;

(b) a discharge of unpolluted water into-

(i) a public sewer, or

(ii) a public drain,

for the carriage of surface drainage water.

(2) Where any matter is discharged into a public sewer or public drain in a water control zone from any premises, then, subject to section 12. the occupier of the premises commits an offence, in addition to any other person who may be guilty of an offence under subsection (1).

(3) In subsection (1)—

"domestic sewage” means any waste of a kind and quantity which is ordinarily disposed of in a household by the normal use of a toilet. watercloset, bath, shower, sink, basin or other sanitary fitment by persons residing therein;

"unpolluted water" means--

(a) rain water from any part of a building, including any area ap-

purtenant to a building;

(b) water which does not contain any poisonous, noxious or polluting

matter.

(4) This section does not apply to-

(a) a discharge or deposit which is forbidden by the Dangerous Goods

Ordinance or any regulations made thereunder; or

(b) water used-

(i) for firefighting purposes;

(ii) in connexion with an occurrence in which life or property is endangered;

(iii) for the cleansing of streets, thoroughfares, and other areas.

WATER POLLUTION CONTROL

Ord. No. 41/80

A183

offences under

10. In any proceedings for an offence under section 8(1), 8(2), 9(1) Mental or 9(2) in which it is alleged that the defendant caused matter to enter the ingredient of waters of Hong Kong or inland waters or a public sewer or public drain sections 8 or caused matter to be deposited as provided in section 2(3) it shall not and 9. be necessary for the prosecution to prove that the acts or omissions in question were accompanied by any intention, knowledge or negligence on the part of the defendant as to any element of the offence.

11. A person who commits an offence under section 8(1), 8(2), 9(1) Penalties. or 9(2) is liable to-

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

(b) for a second or subsequent offence, a fine of $100.000,

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.

12. (1) A person does not commit an offence under section 8(1), 8(2), Defences. 9(1) or 9(2) if he proves that-

(a) the discharge or deposit in question is an existing discharge or

deposit which is exempt under section 15; or

(b) the discharge or deposit in question is made under, and in ac-

cordance with, a licence granted under section 20; or

(c) where section 2(3) applies, the matter was deposited pursuant to an approval under subsection (2) and in accordance with the terms and conditions thereof; or

(d) he exercised all such care and took all such steps as the court considers reasonable in the circumstances to avoid the occurrence of the prohibited discharge or deposit; or

(e) the discharge or deposit was made in an emergency in order to avoid danger to life or property and as soon as was reasonably practicable he informed the Authority thereof in writing; or (f) he acted under instructions given to him by his employer and complied with paragraph (d) to the extent which the court con- siders reasonable having regard to his position as an employee. (2) The Director of Agriculture and Fisheries may by order published in the Gazette approve the making of any particular kind of deposit as a farming practice to which the provisions of subsections (1)(a) and (1)(b) of section 8, or either of those provisions, do not apply so far as it is made in such areas by such persons and in such manner as may be specified in the order.

(3) The power of the Director of Agriculture and Fisheries under subsection (2) extends to practices employed in all kinds of farming, including agriculture, animal husbandry and fish farming.

13. (1) Where any person has been convicted of an offence under Restoration section 8(1), 8(2), 9(1) or 9(2) the Authority may if he is of the opinion of waters that-

(a) any part of the waters of Hong Kong suffered continuing damage

as a direct result of the commission of the offence; and (b) it is reasonably practicable to restore, or partially restore, that part to the condition it was in before the commission of the offence,

by notice in writing require the person so convicted to carry out such work as is specified in the notice to effect such restoration or partial restoration.

(2) A notice under subsection (1)—

(a) may specify the manner in which the work is to be carried out;

by convicted person.