1964_WASTE_DISPOSAL_ORDINANCE — Page 16

1987 Ed.]

Waste Disposal

(a) for the first offence, to a fine of $50,000;

[CAP. 354

15

(b) for a second or subsequent offence, to a fine of $100,000;

and

(c) in addition, if the offence is a continuing offence to a fine of $500 for each day during which it is proved to the satisfaction of the court that the offence has continued.

(2) A person does not commit an offence under section 16 or 17 if he proves that the waste was disposed of in an emergency to avoid danger to the public and as soon as was reasonably practicable he informed the Director thereof in writing. (Amended, L.N. 76/82 and L.N. 74/86)

19. (1) The Director may require any person who delivers to him for disposal any waste (other than household waste) to state the nature of the waste and to give such other information relating to the waste as the Director may require. (Amended, L.N. 76/82 and L.N. 74/86)

(2) Any person who, in complying with a requirement under subsection (1) makes any statement or gives any information which he knows to be incorrect in a material particular or who recklessly makes a statement or gives information which is incorrect in a material particular or knowingly omits any material particular therefrom commits an offence and is liable to a fine of $5,000.

Information as

to waste delivered for disposal.

Prohibition on

into Hong Kong.

20. (1) Any person who, without the permission of the Direc- tor, imports into Hong Kong any waste for the purpose of disposing import of waste of it in Hong Kong commits an offence and is liable to a fine of $50,000.

(2) Where a person is convicted of an offence under subsec- tion (1)~

(a) the Director may seize and dispose of the waste; or (b) the court may order the convicted person, within a spec-

ified time, to remove the waste from Hong Kong.

(3) A person who fails to comply with an order made under subsection (2)(b) commits an offence and is liable to a fine of $50,000; and, in the event of such failure to comply, the Director may seize and dispose of the waste.

(4) Where the Director seizes and disposes of waste under this section, he may recover, as a civil debt, the costs of seizure and disposal from the importer of the waste or the owner of the waste.

(5) This section shall not apply to-

(a) any waste imported into Hong Kong for the purposes of

any manufacturing process;

(b) any waste imported into Hong Kong by a vessel, aircraft or train for disposal in Hong Kong if such waste is incidental to or derived from the normal operation of the vessel, aircraft or train or its equipment.

(Amended, L.N. 76/82 and L.N. 74/86)