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Ord. No. 41/80
First Schedule.
Analysis of samples.
WATER POLLUTION CONTROL
or-
(a) inspect any plant or equipment or observe any process
procedure which he has reason to suspect is being, or has been, or is intended to be, used in connexion with--
(i) a discharge or deposit which is being, or has been, made contrary to section 8(1) or 9(1), or is made pursuant to a licence or an exemption conferred by section 15(1);
(ii) the treatment of any matter which is being, or is intended to be, discharged or deposited into the waters of Hong Kong. or inland waters or into any public sewer or public drain, and may require any person in charge of the place, premises or vessel to do anything which the officer reasonably considers to be necessary for facilitating the inspection or observation; (b) require the person in charge of the place, premises or vessel to produce for examination any drawing, record or document which is in the possession of such person, or which he can reasonably obtain, relating to any plant or equipment referred to in para- graph (a) or to any discharge or deposit to which section 8(1) or 9(1) applies or the officer has reason to suspect may apply; (c) seize, remove and detain any drawing, record or document referred' to in paragraph (b) or any other article or thing if he has reason to suspect that it is, or contains, evidence of an offence under this. Ordinance;
(d) examine and make copies of records kept pursuant to a condition of the kind mentioned in paragraph 9 of the First Schedule; (e) take samples of any matter which is within the description in paragraph (a)(ii) or which he has reason to believe may come within that description.
39. (1) A certificate of analysis of a sample of any matter may be tendered in evidence in any proceedings under this Ordinance and shall, until the contrary is proved, be sufficient evidence of the facts stated therein if the procedure set out in this section has been complied with. or substantially complied with so far as is reasonably practicable, in relation to that sample.
(2) An authorized officer who takes a sample of any matter for the purposes of subsection (1) shall-
(a) divide it into 3 approximately equal parts;
(b) place each part in a separate container and suitably mark or
label each container;
(c) ensure that the person appearing to be in occupation of the premises on which the sample was taken or his servant or agent- (i) is handed such one of the parts as that person or his servant or agent may select or, if that is not reasonably practicable, is handed or sent by registered post such one of the parts as the officer shall select; and
(ii) is informed that one of the other 2 parts is intended to be submitted to the analyst for analysis;
(d) except where an analysis proves to be unnecessary, personally submit one of the remaining 2 parts to the analyst for analysis and retain the other for the purposes of comparison.
(3) As soon as the analyst has completed the analysis he shall furnish to the relevant Authority and to the person referred to in subsection (2)(c),
or his servant or agent, a certificate of the results of the analysis.
(4) A certificate under subsection (3) shall be signed by the analyst but the analysis may be made by a person acting under his directions;
WATER POLLUTION CONTROL
Ord. No. 41/80
A197
and any certificate purporting to have been signed by the analyst shall be presumed, until the contrary is proved, to have 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 notified in the Gazette.
40. A person who-
Offences in relation to
(a) wilfully obstructs an authorized officer in the exercise of any sections 37
power conferred on such officer by or under section 37 or 38; or and 38. (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 any 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.
PART VIII
MISCELLANEOUS
hearing.
41. (1) Where on an application under section 18, 19, 23 or 28, any Authority objection to the grant of the application is duly made to the Authority, may hold a he may hear the applicant and any objector 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, any hearing under subsection (1) shall be determined by the Authority.
42. (1) The Authority shall cause to be kept, in such form as the Authority Secretary may determine, a register containing the prescribed particulars to keep 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;
(b) 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.
register.
information
43. (1) Any person may apply to the Secretary to withhold from Protection public notification or other public access under this Ordinance any specified of private information concerning a discharge or deposit, whether appearing in a from publicity. licence or an application therefor or in any notice, return or other document.
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