24
CAP. 311]
Air Pollution Control
[1987 Ed.
Protection of private
information from publicity.
Offence to
disclose secret information
obtained
officially.
(3) A person shall be entitled, upon payment of the prescribed fee, to a copy of any entry in the register certified by or on behalf of the Authority.
40. (1) Any person may apply to the Secretary to withhold from public notification or other public access under this Ordinance any information concerning a specified process, whether appearing in a licence or an application therefor or in any notice, return or other document.
(2) An application under subsection (1) shall be granted by the Secretary to the extent that he is satisfied that public notification or other public access to the information would-
(a) be contrary to the applicant's private interest to an unreasonable degree; or
(b) be contrary to the public interest.
(3) Where an application under this section is refused by the Secretary, whether in whole or in part-
(a) notice of the refusal and of the reasons therefor shall be given in writing by the Secretary to the applicant;
(b) the information shall not be publicly notified or otherwise made accessible to the public until the time for appeal under section 31(2) has expired, or, if notice of appeal is lodged before that time, until determination or withdrawal of the appeal.
41. (1) A person commits an offence who, except in the circumstances provided for in subsection (2), discloses or gives to another person any information or document concerning a trade, business or manufactory secret which has come to his knowledge or into his possession in the course of the exercise or performance of his powers, functions or duties under this Ordinance.
(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 exercise or performance of his functions, duties or powers under this Ordinance or proceedings connected therewith;
(b) pursuant to an order of a court under subsection (3);
(c) with the consent in writing of all such persons as appear to him, after reasonable inquiry, 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).
Page 25
Page 26
24
CAP. 311]
Air Pollution Control
[1987 Ed.
Protection of private
information from publicity.
Offence to
disclose secret information
obtained
officially.
(3) A person shall be entitled, upon payment of the prescribed fee, to a copy of any entry in the register certified by or on behalf of the Authority.
40. (1) Any person may apply to the Secretary to withhold from public notification or other public access under this Ordinance any information concerning a specified process, whether appearing in a licence or an application therefor or in any notice, return or other document.
(2) An application under subsection (1) shall be granted by the Secretary to the extent that he is satisfied that public notification or other public access to the information would-
(a) be contrary to the applicant's private interest to an unrea-
sonable degree; or
(b) be contrary to the public interest.
(3) Where an application under this section is refused by the Secretary, whether in whole or in part-
(a) notice of the refusal and of the reasons therefor shall be
given in writing by the Secretary to the applicant;
(b) the information shall not be publicly notified or otherwise made accessible to the public until the time for appeal under section 31(2) has expired, or, if notice of appeal is lodged before that time, until determination or withdrawal of the appeal.
41. (1) A person commits an offence who, except in the circumstances provided for in subsection (2), discloses or gives to another person any information or document concerning a trade, business or manufactory secret which has come to his knowledge or into his possession in the course of the exercise or performance of his powers, functions or duties under this Ordinance.
(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 exercise or performance of his functions, duties or powers under this Ordinance or pro- ceedings connected therewith;
(b) pursuant to an order of a court under subsection (3);
(c) with the consent in writing of all such persons as appear to him, after reasonable inquiry, 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 sub- section (1).
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