TNAG-0966-FCO40-1185-Legislation-for-employment-in-Hong-Kong-1980 — Page 111

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Ord. No. 41/80

Offence to disclose secret information obtained

officially.

Protection of Crown and public officers.

Regulations.

WATER POLLUTION CONTROL

(2) An application under subsection (1) shall be granted by the Secretary to the extent that he is satisfied that public notification or other public access to the information would—

(a) be contrary to the applicant's private interest to an unreasonable

degree; or

(b) be contrary to the public interest.

(3) Where an application under this section is refused by the Secretary, whether in whole or in part---

(a) notice of the refusal and of the reasons therefor shall be given

in writing by the Secretary to the applicant;

(b) the information shall not be publicly notified or otherwise made accessible to the public until the time for appeal under sec- tion 29(3) has expired.

44. (1) A person commits an offence who, except in the circumstances provided for in subsection (2), discloses or gives to another person any information or document concerning a trade or business secret which has come to his knowledge or into his possession in the course of the exercise or performance of his powers, functions or duties under this Ordinance.

(2) A person does not commit an offence under subsection (1) if he discloses or gives any information or document to another person-

(a) for the purpose of the exercise or performance of his powers, functions or duties under this Ordinance and proceedings connected therewith;

(b) pursuant to an order of a court under subsection (3);

(c) with the consent in writing of all such persons as appear to him, after reasonable inquiry, to be interested in the confidentiality of the information or document.

(3) Where in any proceedings a court considers that the justice of the case so requires, the court may order the disclosure of any information or the giving of any document referred to in subsection (1).

(4) A person who commits an offence under subsection (1) is liable to a fine of $10,000 and to imprisonment for 6 months.

45. (1) No liability shall rest on the Crown or upon any public officer by reason of the fact that any licence or exemption is granted or continued under this Ordinance for the discharge or deposit of any matter into the waters of Hong Kong or into inland waters or into a public sewer or public drain.

(2) A public officer shall not be personally liable in respect of any act or omission of his if it was done or made by him in the honest belief that it was required or authorized in the exercise of any power, function or duty of his under this Ordinance.

(3) The protection conferred on public officers by subsection (2) in respect of any act or omission shall not in any way affect any liability of the Crown in tort for that act or omission.

46. (1) The Governor in Council may, after consultation with the Environmental Protection Advisory Committee, by regulation provide for- (a) the manner in which quantities and rates of discharges and deposits are to be calculated for the purposes of section 16(1)(b); (b) the form and contents of-

(i) a notice under section 14;

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Ord. No. 41/80

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(ii) an application for approval under section 18; (iii) an application for a licence under section 19; (iv) an application for a renewal of a licence under section 23; (v) an application for a variation of a licence under section 28;

(c) the period within which a licensee shall make an application for a renewal of the licence, and the circumstances in which a licence may continue in force pending the determination of any such application;

(d) the particulars to be entered in the register;

(e) the particulars to be contained in a notice referred to in

section 19(3)(b);

(f) the manner in which objections shall be made under section

19(4)(b);

(g) the manner of determining the amount of compensation payable under sections 25 and 26, the factors to be taken into account or disregarded and the principles to be applied in determining that amount;

(h) the forms to be used and the procedure to be followed for the

purpose of appeals under Part VI;

(i) fees and charges which may be imposed by an Authority or the

Secretary-

(i) on persons who are making discharges or deposits which are exempt under section 15 or for which a licence is in force, or on any class or description of such persons or in respect of such discharges or deposits or any class or description thereof, includ- ing charges for the reception, treatment and disposal of matter discharged pursuant to a licence for the purposes of section 9; (ii) persons making any application referred to in para- graph (b);

information may be obtained under

(j) matters about which

section 35(1);

(k) the manner in which notices required or authorized by this Ordinance may be given or sent to the person to whom they are addressed;

(1) the inclusion of a lake, pool or pond or any description of lake, pool or pond within the definition of "inland waters" in section 2 as provided for in paragraph (a) of that definition;

(m) prescribing anything (including any fee) which is to be or may

be prescribed by regulations;

(n) generally for the better carrying out of the provisions and

purposes of this Ordinance.

(2) Regulations made under subsection (1)(a) may delegate to the Authority the power to determine in any particular case the method of making any calculation for the purposes of section 16(1)(b).

(3) Regulations made under this section may provide that a contraven- tion of specified provisions thereof or of specified conditions of an exemption conferred by section 15 or of specified conditions of a licence shall be an offence and may provide penalties therefor not exceeding a fine of $5,000 and imprisonment for 6 months.