TNAG-1613-FCO40-2221-Executive-Council-of-Hong-Kong-memoranda-and-minutes-of-meet-1987 — Page 28

(4) For the purposes of any proceedings under

subsection (1) or (2), any person who has in his possession

any product which when tested under conditions prescribed

for the purposes of subsection (3) does not comply with any

requirement relating to noise emission prescribed for the

purposes of subsection (1) shall, until the contrary is

proved, be presumed to have used that product at any time

during the period of 30 days immediately prior to the date

of the test.

(5) Any person who commits an offence under

subsection (1) or (2) shall be liable -

(a)

on first conviction to a fine of $50,000;

(b)

on second or subsequent conviction, to a fine of

$100,000 and to imprisonment for 2 years,

and in any case to a fine of $10,000 for each day during

which the offence continues.

Appeals against refusal of Authority to issue construction

noise permit etc. under

PART IV

APPEALS

17. (1) Subject to subsection (2), if any person

who applies for a construction noise permit under section 8

is aggrieved

section 9.

(a)