1964_AIR_POLLUTION_CONTROL_ORDINANCE — Page 7

HK Historical Laws 香港歷史法例 All AI Reviewed

CAP. 311]

Air Pollution Control

[1987 Ed.

(2) The Authority shall aim to achieve the relevant air quality objectives as soon as is reasonably practicable and thereafter to maintain the quality so achieved.

(3) If in the opinion of the Secretary the achievement or maintenance of any air quality objective would be better served by the exercise by the Authority in a particular manner of any of his powers under section 15(4), 17 or 22, the Secretary may give directions in writing to the Authority as to the manner in which he shall exercise those powers; and, in the case of a direction which relates to section 15(4), any such direction may be of a general nature or relate to a particular case or particular cases.

(4) The Authority shall comply with any direction given to him under subsection (3) and the discretion conferred on the Authority by section 15(4), 17 or 22 as the case may be, shall not apply to any specified process in respect of which such a direction is in force.

Notice of air pollutant nuisance to owner of premises.

PART III

ABATEMENT OF AIR POLLUTION NUISANCES

9. (1) On any occasion when, in the opinion of the Authority or of an authorized officer, an air pollutant nuisance exists or is imminent, the Authority or such officer shall, subject to subsection (5), as soon as practicable after he has become aware thereof, notify, either verbally or in writing, the existence or imminence, as the case may be, of the nuisance to the owner of any premises in which any chimney or relevant plant is, in his opinion, by the emission of any air pollutant, causing or contributing to the existence or imminence of such nuisance.

(2) Such notification may require the owner forthwith, or at some future time, and for so long as the notification specifies, or until it is withdrawn-

(a) to reduce to such extent as is specified in the notification the emission of the air pollutant from such chimney or relevant plant, as the case may be; or

(b) in any case where, in the opinion of the Authority or of an authorized officer, such air pollutant nuisance-

(i) is or is likely to be prejudicial to health; or

(ii) imperils or is likely to imperil the safety of aircraft using or being about to use any airport within Hong Kong, to eliminate the emission of such pollutant.

(3) Where a notification requires the elimination of an emission under subsection (2)(b) it shall contain a declaration that it was given to protect health or to preserve the safety of aircraft, as the case may be.

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CAP. 311] Air Pollution Control [1987 Ed. (2) The Authority shall aim to achieve the relevant air quality objectives as soon as is reasonably practicable and thereafter to maintain the quality so achieved. (3) If in the opinion of the Secretary the achievement or maintenance of any air quality objective would be better served by the exercise by the Authority in a particular manner of any of his powers under section 15(4), 17 or 22, the Secretary may give directions in writing to the Authority as to the manner in which he shall exercise those powers; and, in the case of a direction which relates to section 15(4), any such direction may be of a general nature or relate to a particular case or particular cases. (4) The Authority shall comply with any direction given to him under subsection (3) and the discretion conferred on the Authority by section 15(4), 17 or 22 as the case may be, shall not apply to any specified process in respect of which such a direction is in force. Notice of air pollutant nuisance to owner of premises. PART III ABATEMENT OF AIR POLLUTION NUISANCES 9. (1) On any occasion when, in the opinion of the Authority or of an authorized officer, an air pollutant nuisance exists or is imminent, the Authority or such officer shall, subject to subsection (5), as soon as practicable after he has become aware thereof, notify, either verbally or in writing, the existence or imminence, as the case may be, of the nuisance to the owner of any premises in which any chimney or relevant plant is, in his opinion, by the emission of any air pollutant, causing or contributing to the existence or imminence of such nuisance. (2) Such notification may require the owner forthwith, or at some future time, and for so long as the notification specifies, or until it is withdrawn- (a) to reduce to such extent as is specified in the notification the emission of the air pollutant from such chimney or relevant plant, as the case may be; or (b) in any case where, in the opinion of the Authority or of an authorized officer, such air pollutant nuisance- (i) is or is likely to be prejudicial to health; or (ii) imperils or is likely to imperil the safety of aircraft using or being about to use any airport within Hong Kong, to eliminate the emission of such pollutant. (3) Where a notification requires the elimination of an emission under subsection (2)(b) it shall contain a declaration that it was given to protect health or to preserve the safety of aircraft, as the case may be.
Baseline (Original)
6 CAP. 311] Air Pollution Control [1987 Ed. (2) The Authority shall aim to achieve the relevant air quality objectives as soon as is reasonably practicable and thereafter to maintain the quality so achieved. (3) If in the opinion of the Secretary the achievement or maintenance of any air quality objective would be better served by the exercise by the Authority in a particular manner of any of his powers under section 15(4), 17 or 22, the Secretary may give directions in writing to the Authority as to the manner in which he shall exercise those powers; and, in the case of a direction which relates to section 15(4), any such direction may be of a general nature or relate to a particular case or particular cases. (4) The Authority shall comply with any direction given to him under subsection (3) and the discretion conferred on the Authority by section 15(4), 17 or 22 as the case may be, shall not apply to any specified process in respect of which such a direction is in force. Notice of air pollutant nuisance to owner of premises. PART III ABATEMENT OF AIR POLLUTION NUISANCES 9. (1) On any occasion when, in the opinion of the Authority or of an authorized officer, an air pollutant nuisance exists or is imminent, the Authority or such officer shall, subject to subsection (5), as soon as practicable after he has become aware thereof, notify, either verbally or in writing, the existence or imminence, as the case may be, of the nuisance to the owner of any premises in which any chimney or relevant plant is, in his opinion, by the emission of any air pollutant, causing or contributing to the existence or imminence of such nuisance. (2) Such notification may require the owner forthwith, or at some future time, and for so long as the notification specifies, or until it is withdrawn- (a) to reduce to such extent as is specified in the notification the emission of the air pollutant from such chimney or relevant plant, as the case may be; or (b) in any case where, in the opinion of the Authority or of an authorized officer, such air pollutant nuisance- (i) is or is likely to be prejudicial to health; or (ii) imperils or is likely to imperil the safety of aircraft using or being about to use any airport within Hong Kong, to eliminate the emission of such pollutant. (3) Where a notification requires the elimination of an emis- sion under subsection (2)(b) it shall contain a declaration that it was given to protect health or to preserve the safety of aircraft, as the case may be.
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6

CAP. 311]

Air Pollution Control

[1987 Ed.

(2) The Authority shall aim to achieve the relevant air quality objectives as soon as is reasonably practicable and thereafter to maintain the quality so achieved.

(3) If in the opinion of the Secretary the achievement or maintenance of any air quality objective would be better served by the exercise by the Authority in a particular manner of any of his powers under section 15(4), 17 or 22, the Secretary may give directions in writing to the Authority as to the manner in which he shall exercise those powers; and, in the case of a direction which relates to section 15(4), any such direction may be of a general nature or relate to a particular case or particular cases.

(4) The Authority shall comply with any direction given to him under subsection (3) and the discretion conferred on the Authority by section 15(4), 17 or 22 as the case may be, shall not apply to any specified process in respect of which such a direction is in force.

Notice of air pollutant nuisance to owner of premises.

PART III

ABATEMENT OF AIR POLLUTION NUISANCES

9. (1) On any occasion when, in the opinion of the Authority or of an authorized officer, an air pollutant nuisance exists or is imminent, the Authority or such officer shall, subject to subsection (5), as soon as practicable after he has become aware thereof, notify, either verbally or in writing, the existence or imminence, as the case may be, of the nuisance to the owner of any premises in which any chimney or relevant plant is, in his opinion, by the emission of any air pollutant, causing or contributing to the existence or imminence of such nuisance.

(2) Such notification may require the owner forthwith, or at some future time, and for so long as the notification specifies, or until it is withdrawn-

(a) to reduce to such extent as is specified in the notification the emission of the air pollutant from such chimney or relevant plant, as the case may be; or

(b) in any case where, in the opinion of the Authority or of an

authorized officer, such air pollutant nuisance-

(i) is or is likely to be prejudicial to health; or

(ii) imperils or is likely to imperil the safety of aircraft using or being about to use any airport within Hong Kong, to eliminate the emission of such pollutant.

(3) Where a notification requires the elimination of an emis- sion under subsection (2)(b) it shall contain a declaration that it was given to protect health or to preserve the safety of aircraft, as the case may be.

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