TNAG-0976-FCO40-1195-Legislation-for-public-health-and-urban-services-in-Hong-Kon-1980 — Page 137

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Ord. No. 8/80

Review of Appeal Board's

decision by Governor in Council.

Case may be stated.

Governor may give directions.

Mental Ingredient of offences under sections 11, 16 and 17.

Protection of Crown, Urban Council, etc.

WASTE DISPOSAL

28. (1) This section applies where

(a) an Appeal Board has reversed or varied a decision or don of a public officer or a collection authority or waste dosal authority; and

(b) that officer or authority considers that exceptional circumstances require the review of the Board's decision in the public interest. (2) The public officer or authority may, where this section applies, within 14 days of being notified of a decision refer the case for review by the Governor in Council.

(3) Where a public officer or authority 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 the other party, within 14 days of receiving the notice, to submit written representations concerning the review 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,

29. (1) The Chairman 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

MISCELLANEOUS

30. (1) The Governor may give such directions as he thinks fit, either generally or in any particular case, with respect to the exercise or performance by any public officer of any powers, functions or duties under this Ordinance.

(2) A public officer shall, in the discharge of his powers, functions and duties under this Ordinance, comply with any directions given by the Governor under subsection (1).

31. In any proceedings for an offence under section 11, 16 or 17 it shall not 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.

32. (1) No liability shall rest on the Crown, the Urban Council or upon any public officer by reason of the fact that any waste collection or waste disposal licence is issued under this Ordinance.

(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 or the Urban Council for that act or omission.

WASTE DISPOSAL

Ord. No. 8/80

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33. (1) The Governor in Council may after consultation with the Regulations. Enmental Protection Advisory Committee and with the Urban Co in respect of matters which the Urban Council has under this Ordinance a duty to discharge or a function to fulfill by regulation provide for-

(a) the additional wastes or classes of waste to which a draft waste

disposal plan under section 3 shall apply;

(b) the design and construction of containers or enclosures for the

storage of animal waste;

(c) the precautions to be taken to guard against dangers to public

health or risks of pollution arising from waste;

(d) the waste or classes of waste that may be disposed of under

section 16 without a licence;

(e) the class or quantity of waste in respect of which notice must be given under section 17 before the waste can be disposed and any exceptions or exemptions from the requirement to give such notice;

the capacity, design, construction and materials to be used in the construction of containers holding beverages or fluids;

(g) prohibiting the distribution of containers or any class of con- tainer which do or does not comply with such requirements as may be prescribed under paragraph (f), and without prejudice to the generality of the foregoing, such prohibition may be by reference to-

(i) the type of container;

(ii) the date of distribution;

(iii) place of distribution by retail sale;

(iv) the type of beverage or fluid;

(v) the source of the container;

(h) the treatment or reprocessing of such classes of waste as may

be prescribed;

(i) any fees and charges payable under this Ordinance (other than any fee determined by the Urban Council under section 10(3));

(j) the charges payable to the Director of Public Works for the

disposal of any waste or class of waste;

(k) prescribing anything which is to be or may be prescribed by

regulations.

(2) Regulations made under this section may provide that a con- travention of specified provisions thereof shall be an offence and may provide penalties therefor not exceeding a fine of $5,000 and imprisonment for 6 months.

34. If any question arises as to who are the body of persons for the Environmental time being constituting the Environmental Protection Advisory Committee Protection mentioned in section 33 the matter shall be referred to the Chief Secretary Committee.

Advisory who shall determine the question by certificate under his hand.

35. (1) The Secretary for the Environment may, after consultation Codes of with the Environmental Protection Advisory Committee, prepare and revise Practice. Codes of Practice giving guidance and directions as to the disposal of

waste.

(2) A failure on the part of any person to observe any Code of Practice issued under subsection (1) shall not of itself render that person