1964_AIR_POLLUTION_CONTROL_ORDINANCE — Page 30

1987 Ed.]

Air Pollution Control

[CAP. 311

47. (1) Subject to this section, prosecutions for offences against this Ordinance may be brought in the name of the Author- ity, and may be commenced and conducted by any 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.

48. In any proceedings for an offence under this Ordinance relating to the emission of an air pollutant it shall be a defence to prove the contravention complained of was-

(a) solely due to the lighting up of a relevant plant which was cold and that the best practicable means had been taken to prevent or minimise the emission of the air pollutant; or (b) solely due to some failure of a chimney or relevant plant or of an apparatus used in connection with a chimney or relevant plant and that--

(i) the failure could not have reasonably been foreseen, or if foreseen, could not reasonably have been provided against;

(ii) the contravention could not reasonably have been prevented by action taken after the failure occurred; and

(iii) as soon as was reasonably practicable after the occurrence of the failure the Authority was informed thereof in writing.

49. The provisions of this Ordinance shall be in addition to and not in lieu of the provisions of any other Ordinance.

Prosecution of offences.

(Cap. 227.)

Defences in proceedings relating to emission of air pollutants.

Provisions of Ordinance to be

in addition to any other

29

FIRST SCHEDULE

Process

Description

1. Acrylates Works

(a) made;

2. Aluminium Works

[ss. 2 & 11.]

Works in which acrylates are-

(b) purified; or

(c) made or purified and polymerised.

Works of the following kinds in which the pro- cessing capacity exceeds 1 tonne (expressed as aluminium) or, if the mode of operation is coOn- tinuous, 0.67 tonne (expressed as aluminium) per hour, and in which-

(a) aluminium swarf is degreased by the applica-

tion of heat;

(b) aluminium or aluminium alloys are recovered from aluminium or aluminium alloy scrap fabricated metal, swarf, skimmings, drosses or other residues by melting but not includ- ing works in which aluminium or aluminium alloys are separated from ferrous metals by liquation in sloping hearth furnaces;

(c) molten aluminium or aluminium alloys are treated by any process involving the evolu- tion of chlorine or its compounds;

Ordinance.

Page 30Page 31