TNAG-0976-FCO40-1195-Legislation-for-public-health-and-urban-services-in-Hong-Kon-1980 — Page 138

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Ord. No. 8/80

Application of Ordinance to Crown.

Consequential amendments. Schedule.

Transitional provisions. (Cap. 132.)

(Cap. 132.)

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liable to criminal proceedings of any kind but any such failure me in any proceedings whether civil or criminal and including proceedi for an offence under this Ordinance, be relied upon as tending to esish or to negative any liability which is in question in those proceedings.

36. (1) Subject to this section, this Ordinance shall bind the Crown. (2) Sections 16, 17, 19 and 20 shall not have effect to permit pro- ceedings to be taken against, or to impose any criminal liability on, the Crown or any person who does any act which he is required to do in the course of carrying out his duties in the service of the Crown.

(3) If it appears to the Director of Public Works that there has been a contravention of section 16, 17, 19 or 20 by any person in the course of carrying out his duties in the service of the Crown, he shall, if the contravention is not forthwith terminated to his satisfaction, report the matter to the Chief Secretary.

(4) On receipt of a report under subsection (3) the Chief Secretary shall enquire into the circumstances and, if his enquiry shows that a contravention of section 16, 17, 19 or 20 is continuing or likely to recur, he shall ensure that the best practicable steps are taken to terminate the contravention or avoid the recurrence.

(5) Any notice or application under this Ordinance concerning a deposit or disposal of waste which is to be, or may be, given or made by or on behalf of the Crown may be given or made by any public officer on behalf of the Crown.

(6) Any notice or application under this Ordinance concerning a deposit or discharge of waste which is to be, or may be, given to the Crown shall be given to the principal officer of the appropriate waste disposal authority which appears to be responsible for the deposit or disposal or, in the event of any question arising as to which waste disposal authority is responsible, to such public officer as the Chief Secretary shall determine.

(7) No fee or charge prescribed for the purposes of this Ordinance shall be payable by the Crown.

37. The enactments specified in the first column of the Schedule are amended in the manner and to the extent specified in the second column of the Schedule,

38. Any licence or contract issued under section 16 of the Public Health and Urban Services Ordinance and in force at the commencement of this Ordinance shall continue in force and have effect as if it were a waste collection licence issued under this Ordinance.

SCHEDULE

CONSEQUENTIAL AMENDMENTS

Public Health

1.

and Urban

Services Ordinance.

Section 2 is amended-

[s. 37.]

(a) by being re-numbered subsection (1) thereof;

(b) in subsection (1)—

(i) by deleting the definition of "house refuse" and substituting the following-

“household waste" means waste pro- duced by a household and of a kind ordinarily produced by a dwelling when occupied as such;";

I

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Ord. No. 8/80

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(ii) in the definition of "street refuse" by deleting "refuse" and substituting the follow- ing-

"waste";

(iii) by deleting the definition of "trade refuse" and substituting the following-

""trade waste" means waste from any trade, manufacture or business, or any waste building or civil engineering materials;";

(iv) by inserting after the definition of "washhouse" the following-

"waste" means any substance or article

which is abandoned;"; and

(c) by inserting after subsection (1) the following—

2.

"(2) For the purposes of this Ordin- ance any substance or article which is discarded or otherwise dealt with as waste shall be presumed to be waste until the contrary is proved.”.

Section 6(1) is amended-

(a) in paragraphs (a) (b) and (c) by deleting "refuse" wherever it occurs and substituting in each place the following-

"waste"; and

(b) in paragraph (d) by deleting "manufacturing, trade or other refuse" and substituting the following

3.

"trade waste".

Section 7(1) is amended by deleting "refuse"

and substituting the following—

4.

"waste".

Section 15 is amended-

(a) in subsection (1)—–—

(i) in paragraphs (a), (d) and (j) by deleting "refuse" and substituting the following--

"waste":

(ii) in paragraph (ƒ)→

(A) by deleting "street refuse" and substituting

the following-

"street waste"; and

(B) by deleting "house refuse" in both places where it occurs and substituting in each place the following-

"household waste";

(iii) by deleting paragraph (g) and substitut- ing the following—

"(g) the provision, design and construction of containers for the collection and storage of household waste;"; and

(b) by deleting subsection (2).