TNAG-1363-FCO40-1809-Hong-Kong-Hansard-reports-and-minutes-of-the-meetings-of-the-1985 — Page 299

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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the Water Pollution Control Ordinance. This intention

was not achieved and the possibility exists that an unscrupul-

ous operator could escape effective controls altogether by

simply adding a small quantity of oil to his effluent. The

deletion of section 8 (3) (b) of the principal ordinance will

remove this danger.

4.

In addition, as the law stands at present, some oily

discharges from souces on land, although they may be

licensed under the Water Pollution Control Ordinance,

would also be subject to the oil pollution controls. in

the Shipping and Port Control Ordinance. It is clearly

undesirable that a discharge which is lawful by virtue of

a licence granted under one Ordinance should fall foul of

another. This anomaly will be removed by Clause 6 (2) of

the Bill.

5.

Secondly the Bill seeks to specify who may claim

compensation following the cancellation or variation of a

licence or an exemption in respect of a discharge or

deposit of matter into a Water Control Zone.

6.

Thirdly, the Bill provides that, in the event of

disagreement over the amount of compensation, the dispute

would be referred to the Lands Tribunal for determination.

After careful consideration the conclusion has been reached

that the existing Lands Tribunal is the most appropriate body

/to......

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