TNAG-1807-FCO40-2568-Hong-Kong-pollution-control-Noise-Control-Ordinance-1988-(N-1988 — Page 182

A508

Environmental Pollution Advisory

Committee

Limit of time for laying information,

etc.

Prosecution of offences

(Cap. 227)

Defence to proceedings under section 4, 5, 6, 7, 13 or 17

Proof of permit,

etc.

Ord. No. 75/88

NOISE CONTROL

30. If any question arises as to who are the body of persons for the time being constituting the Environmental Pollution Advisory Committee, the matter shall be referred to the Chief Secretary who shall determine the question by certificate under his hand.

31. A complaint or information in respect of an offence against this Ordinance shall be made or laid, as the case may be, within-

(a) 6 months from the time the matter of such complaint or information respectively first came to the knowledge of the Authority or an authorized officer; or

(b) 1 year from the time of the commission of the offence,

whichever is the earlier.

32. (1) Subject to this section, proceedings for offences against this Ordinance may be instituted in the name of the Authority, and may be com- menced and conducted by a public officer appointed under section 13 of the Magistrates Ordinance.

(2) Nothing in this section shall be deemed to derogate from the powers of the Attorney General in relation to the prosecution of offences.

33. In any proceedings for an offence under section 4, 5, 6, 7, 13 or 17, it shall be a defence to show that the circumstances constituting or leading to the commission of the offence arose-

(a) by reason of the fact of any authorization under any licence,

permit or exemption granted under any other Ordinance;

(b) in pursuance of the purpose of the prevention of injury to any

person or the saving of the life of any person;

(c) in pursuance of the purpose of the prevention of damage to property where the circumstances placing the property in danger of being damaged could not reasonably have been foreseen by the person charged with the offence; or

(d) in pursuance of the purpose of the prevention of serious interruption or disruption to any public transport system where the circumstances which would otherwise cause such an interruption or disruption could not reasonably have been foreseen by the person charged with the offence.

34. For the purposes of any proceedings under this Ordinance a document purporting to be a copy of any permit or notice issued under this Ordinance and of any conditions to which the permit or notice is subject and purporting to be certified by the Authority to be a true copy, shall be received in evidence on its production without further proof and, until the contrary is proved, it shall be presumed that—

(a) the document is a true copy of the permit or notice;

(b) the document was certified by the Authority; and

(c) the permit or notice was issued in respect of the place stated in the document to the person stated in the document and is subject to those conditions.