TNAG-1807-FCO40-2568-Hong-Kong-pollution-control-Noise-Control-Ordinance-1988-(N-1988 — Page 47

C266

Regulations

Offence to disclose confidential information

obtained

officially

Protection of Crown and public officers

NOISE CONTROL BILL 1988

PART VI

MISCELLANEOUS

25. (1) The Governor in Council may, after consultation with the Environmental Pollution Advisory Committee, by regulation-

(a) prescribe anything required or permitted to be prescribed under

this Ordinance;

(b) regulate appeals under Part IV and the practice and procedure of

the Appeal Board;

(c) generally, provide for the better carrying into effect of the

provisions and purposes of this Ordinance.

(2) Any regulation made under subsection (1) relating to the payment of fees may provide for different fees to be charged according to different circumstances.

(3) Any regulation made under subsection (1) may provide that a contravention thereof shall be an offence and may provide penalties for such offence not exceeding a fine of $100,000.

(4) Any regulation made under subsection (1) for the purposes of section 7(1) shall be subject to the approval of the Legislative Council.

26. (1) A person who, except in the circumstances provided for in subsection (2), discloses or gives to another person any information that concerns a trade, business or profession, is confidential and has come to his knowledge or into his possession in the course of the discharge of his functions under this Ordinance commits an offence.

(2) A person does not commit an offence under subsection (1) if he discloses or gives any information or document to another person-

(a) for the purpose of the discharge of his functions under this

Ordinance and proceedings connected therewith;

(b) pursuant to an order of a court under subsection (3); or

(c) with the consent in writing of all such persons as appear to him, after reasonable enquiry, to be interested in the confidentiality of the information or document.

(3) Where in any proceedings a court considers that the justice of the case so requires, the court may order the disclosure of any information or the giving of any document referred to in subsection (1).

(4) A person who commits an offence under subsection (1) is liable to a fine of $10,000 and to imprisonment for 6 months.

27. (1)

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 discharge of any of his functions under this Ordinance.

(2) The protection conferred on public officers by subsection (1) in respect of any act or omission shall not in any way affect any liability of the Crown in tort for that act or omission.