1964_NOISE_CONTROL_ORDINANCE — Page 23

HK Historical Laws 香港歷史法例 All AI Reviewed

22

CAP. 400]

Noise Control

[1988 Ed.

(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.

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

Protection of Crown and public officers

29. (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.

Environmental Pollution Advisory Committee

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.

Limit of time for laying information, etc.

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.

Prosecution of offences

32. (1) Subject to this section, proceedings for offences against this Ordinance may be instituted in the name of the Authority, and may be commenced and conducted by a public officer appointed under section 13 of the Magistrates Ordinance (Cap.227).

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

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

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-

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22 CAP. 400] Noise Control [1988 Ed. (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. (3) Where in any proceedings a court considers that the justice of the case so requires, the court may order the disclosure or giving of any information 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. Protection of Crown and public officers 29. (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. Environmental Pollution Advisory Committee 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. Limit of time for laying information, etc. 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. Prosecution of offences 32. (1) Subject to this section, proceedings for offences against this Ordinance may be instituted in the name of the Authority, and may be commenced and conducted by a public officer appointed under section 13 of the Magistrates Ordinance (Cap.227). (2) Nothing in this section shall be deemed to derogate from the powers of the Attorney General in relation to the prosecution of offences. Defence to proceedings under section 4, 5, 6, 7, 13 or 17 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-
Baseline (Original)
22 CAP. 400] Noise Control [1988 Ed. (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. (3). Where in any proceedings a court considers that the justice of the case so requires, the court may order the disclosure or giving of any information 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. Protection of Crown and public officers 29. (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. of (2) The protection conferred on public officers by subsection (1) in respect any act or omission shall not in any way affect any liability of the Crown in tort for that act or omission. Environmental Pollution Advisory Committee 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.. Limit of time for laying information, etc. 31. A complaint or information in respect of an offence against this Ordi- nance 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. Prosecution of offences 32. (1) Subject to this section, proceedings for offences against this Ordinance may be instituted in the name of the Authority, and may be commenced and conducted by a public officer appointed under section 13 of the Magistrates Ordinance (Cap. 227). (2) Nothing in this section shall be deemed to derogate from the powers of the Attorney General in relation to the prosecution of offences. Defence to proceedings under section 4, 5, 6, 7, 13 or 17 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-
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22

CAP. 400]

Noise Control

[1988 Ed.

(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.

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

Protection of Crown and public officers

29. (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.

of

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

Environmental Pollution Advisory Committee

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..

Limit of time for laying information, etc.

31. A complaint or information in respect of an offence against this Ordi- nance 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.

Prosecution of offences

32. (1) Subject to this section, proceedings for offences against this Ordinance may be instituted in the name of the Authority, and may be commenced and conducted by a public officer appointed under section 13 of the Magistrates Ordinance (Cap. 227).

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

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

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-

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