A194
Review of Appeal
Board's decision by Governor
in Council.
Case may be
stated for
Court of
Appeal.
Authority may obtain information.
Authorized
officers.
Ord. No. 41/80
WATER POLLUTION CONTROL
(4) If the parties to an appeal consent, the hearing of the appeal may be continued notwithstanding any change in the membership of an Appeal Board as if the change had not occurred.
33. (1) This section applies where-
(a) an Appeal Board has reversed or varied a decision or require-
ment of the Authority or the Secretary; and
(b) the Authority or Secretary considers that exceptional circum- stances require the review of the Board's decision in the public interest.
(2) The Authority or Secretary may, where this section applies, within 14 days of being notified of a decision of an Appeal Board refer the case for review by the Governor in Council.
(3) Where the Authority or the Secretary has referred a case for review under subsection (2), he shall forthwith notify the other party in writing of the reference, giving his reasons for seeking the review and inviting him to submit written representations concerning the review, within 14 days of receiving the notice, for consideration by the Governor in Council.
(4) Upon a reference under subsection (2) and upon the expiry of the period of 14 days referred to in subsection (3) the Governor in Council may review the case, considering any representations submitted under subsection (3), and may confirm, reverse or vary the decision of the Appeal Board.
34. (1) The Chairman of Appeal Boards may of his own motion, before an appeal is determined, refer any question of law to the Court of Appeal by way of case stated.
(2) On the hearing of the case the Court of Appeal may amend the case or order it to be sent back to the Appeal Board for amendment.
PART VII
POWERS OF ENFORCEMENT
35. (1) The Authority may by notice in writing to any person require him to furnish to the Authority, within a period and in a form stipulated in the notice, any information specified in the notice being information which he is authorized to obtain by regulations made under section 46(1)(j) or which the Authority may reasonably require for the purpose of exercising and performing his powers, functions and duties under this Ordinance.
(2) A person who-
(a) fails without reasonable excuse to comply with the requirements
of a notice served on him under subsection (1); or
(b) in compliance or purported compliance with such a notice. makes any statement which he knows to be false in a material particular or recklessly makes any statement which is false in à material particular or knowingly omits any material particular, commits an offence and is liable to a fine of $5,000.
36. (1) Subject to subsection (2), the Authority may in writing authorize public officers to exercise the powers conferred on an authorized officer by sections 37 and 38, or such of those powers as the Authority may specify.
WATER POLLUTION CONTROL
Ord. No. 41/80
A195
(2) The Authority shall under subsection (1), authorize only a public officer of or above the rank specified to exercise the following powers- (a) the powers in section 38(b) and (c), an officer of or above the
rank of Pollution Control Officer;
(b) any other power conferred by section 37 or 38 on an authorized officer, an officer of or above the rank of Assistant Pollution Control Inspector.
(3) An authorized officer exercising any power in section 37 or 38 may take with him such persons as he reasonably requires to assist him in the discharge of his duties.
37. (1) Subject to subsection (2), an authorized officer may, for Powers of the purposes of this Ordinance, without a warrant enter any place or premises or stop and board any vessel-
(a) from or on which he has reason to suspect that, in contravention of section 8(1), matter has been or is being discharged or de- posited into the waters of Hong Kong or inland waters, or, in contravention of section 9(1), matter has been or is being dis- charged or deposited into any public sewer or public drain; (b) from or on which matter is being discharged or deposited as mentioned in paragraph (a) pursuant to a licence or an exemption conferred by section 15(1), whether or not there is a suspected contravention of section 8 or 9;
(c) on which he has reason to believe there is any thing likely to be, or to contain, evidence of an offence against this Ordinance.
(2) An authorized officer shall not under subsection (1) enter domestic premises (other than that part of such premises on which there is a private sewage treatment plant) or board any vessel used wholly or principally for dwelling purposes without a warrant issued by a magistrate under subsection (3).
(3) A magistrate may issue a warrant empowering any authorized officer to enter domestic premises or to board any vessel used wholly or principally for dwelling purposes if the magistrate is satisfied by information on oath that there is reasonable ground for suspecting that— (a) contrary to section 8(1), any matter is being or has been dis- charged or deposited into the waters of Hong Kong or inland waters from those premises or that vessel; or
(b) contrary to section 9(1), any matter is being or has been dis- charged or deposited from those premises or that vessel into any public sewer or public drain;
(c) there is on those premises or on that vessel any thing likely to be, or to contain, evidence of an offence against this Ordinance. (4) An authorized officer who enters any place or premises or boards any vessel-
(a) shall, if so required, produce evidence of his identity and of his authorization by the Authority under section 36; and (b) shall, if a warrant is under subsection (3) required for entry,
produce that warrant.
authorized officers to enter premises etc.
authorized
38. An authorized officer who has pursuant to section 37 or any Further warrant issued thereunder, entered any place or premises or boarded any powers of vessel, or who has been admitted to any place, premises or vessel in the course of his duties, may-
officers.
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