1964_WASTE_DISPOSAL_ORDINANCE — Page 25

HK Historical Laws 香港歷史法例 All AI Reviewed

24

CAP. 354]

Waste Disposal

[1987 Ed.

Mental Ingredient of offences under sections 11, 15, 15A, 16 and 17.

Protection of Crown, Urban Council, Regional Council, etc.

Regulations.

(2) A public officer shall, in the discharge of his powers, functions and duties under this Ordinance, comply with any directions given by the Governor under subsection (1).

31. In any proceedings for an offence under section 11, 15, 15A, 16 or 17 it shall not be necessary for the prosecution to prove that the acts or omissions in question were accompanied by any intention, knowledge or negligence on the part of the defendant as to any element of the offence.

(Amended, 58 of 1987, s. 10)

32. (1) No liability shall rest on the Crown, the Urban Council, the Regional Council or upon any public officer by reason of the fact that any waste collection or waste disposal licence is issued under this Ordinance. (Amended, 8 of 1986, s. 8)

(2) 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 exercise of any power, function or duty of his under this Ordinance.

(3) The protection conferred on public officers by subsection (2) in respect of any act or omission shall not in any way affect any liability of the Crown, the Urban Council or the Regional Council for that act or omission. (Amended, 8 of 1986, s. 8)

33. (1) The Governor in Council may after consultation with the Environmental Pollution Advisory Committee, with the Urban Council in respect of matters which the Urban Council has under this Ordinance a duty to discharge or a function to fulfil and with the Regional Council in respect of matters which the Regional Council has under this Ordinance a duty to discharge or a function to fulfil by regulation provide for- (Amended, L.N. 165/84 and 8 of 1986, s.8)

(a) the additional wastes or classes of waste to which a draft waste disposal plan under section 3 shall apply;

(b) the design and construction of containers or enclosures for the storage of animal waste;

(ba) the capacity, design, type, number, construction and materials used in the construction of containers provided in or on livestock premises for the storage of livestock waste; (Added, 58 of 1987, s. 11)

(bb) the capacity, design, type, number, construction and materials used in the construction of containers provided outside livestock premises for the collection of livestock waste; (Added, 58 of 1987, s. 11)

(c) the precautions to be taken to guard against dangers to public health or risks of pollution arising from waste;

(d) the waste or classes of waste that may be disposed of under section 16 without a licence;

Page 26

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24 CAP. 354] Waste Disposal [1987 Ed. Mental Ingredient of offences under sections 11, 15, 15A, 16 and 17. Protection of Crown, Urban Council, Regional Council, etc. Regulations. (2) A public officer shall, in the discharge of his powers, functions and duties under this Ordinance, comply with any directions given by the Governor under subsection (1). 31. In any proceedings for an offence under section 11, 15, 15A, 16 or 17 it shall not be necessary for the prosecution to prove that the acts or omissions in question were accompanied by any intention, knowledge or negligence on the part of the defendant as to any element of the offence. (Amended, 58 of 1987, s. 10) 32. (1) No liability shall rest on the Crown, the Urban Council, the Regional Council or upon any public officer by reason of the fact that any waste collection or waste disposal licence is issued under this Ordinance. (Amended, 8 of 1986, s. 8) (2) 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 exercise of any power, function or duty of his under this Ordinance. (3) The protection conferred on public officers by subsection (2) in respect of any act or omission shall not in any way affect any liability of the Crown, the Urban Council or the Regional Council for that act or omission. (Amended, 8 of 1986, s. 8) 33. (1) The Governor in Council may after consultation with the Environmental Pollution Advisory Committee, with the Urban Council in respect of matters which the Urban Council has under this Ordinance a duty to discharge or a function to fulfil and with the Regional Council in respect of matters which the Regional Council has under this Ordinance a duty to discharge or a function to fulfil by regulation provide for- (Amended, L.N. 165/84 and 8 of 1986, s.8) (a) the additional wastes or classes of waste to which a draft waste disposal plan under section 3 shall apply; (b) the design and construction of containers or enclosures for the storage of animal waste; (ba) the capacity, design, type, number, construction and materials used in the construction of containers provided in or on livestock premises for the storage of livestock waste; (Added, 58 of 1987, s. 11) (bb) the capacity, design, type, number, construction and materials used in the construction of containers provided outside livestock premises for the collection of livestock waste; (Added, 58 of 1987, s. 11) (c) the precautions to be taken to guard against dangers to public health or risks of pollution arising from waste; (d) the waste or classes of waste that may be disposed of under section 16 without a licence; Page 26
Baseline (Original)
24 CAP. 354] Waste Disposal [1987 Ed. Mental Ingredient of offences under sections 11, 15, 15A, 16 and 17. Protection of Crown, Urban Council, Regional Council, etc. Regulations. (2) A public officer shall, in the discharge of his powers, functions and duties under this Ordinance, comply with any direc- tions given by the Governor under subsection (1). 31. In any proceedings for an offence under section 11, 15, 15A, 16 or 17 it shall not be necessary for the prosecution to prove that the acts or omissions in question were accompanied by any intention, knowledge or negligence on the part of the defendant as to any element of the offence. (Amended, 58 of 1987, s. 10) 32. (1) No liability shall rest on the Crown, the Urban Council, the Regional Council or upon any public officer by reason of the fact that any waste collection or waste disposal licence is issued under this Ordinance. (Amended, 8 of 1986, s. 8) (2) 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 exercise of any power, function or duty of his under this Ordinance. (3) The protection conferred on public officers by subsection (2) in respect of any act or omission shall not in any way affect any liability of the Crown, the Urban Council or the Regional Council for that act or omission. (Amended, 8 of 1986, s. 8) 33. (1) The Governor in Council may after consultation with the Environmental Pollution Advisory Committee, with the Urban Council in respect of matters which the Urban Council has under this Ordinance a duty to discharge or a function to fulfil and with the Regional Council in respect of matters which the Regional Council has under this Ordinance a duty to discharge or a function to fulfil by regulation provide for- (Amended, L.N. 165/84 and 8 of 1986, 5.8) (a) the additional wastes or classes of waste to which a draft waste disposal plan under section 3 shall apply; (b) the design and construction of containers or enclosures for the storage of animal waste; (ba) the capacity, design, type, number, construction and materials used in the construction of containers provided in or on livestock premises for the storage of livestock waste; (Added, 58 of 1987, s. 11) (bb) the capacity, design, type, number, construction and materials used in the construction of containers provided outside livestock premises for the collection of livestock waste; (Added, 58 of 1987, s. 11) (c) the precautions to be taken to guard against dangers to public health or risks of pollution arising from waste; (d) the waste or classes of waste that may be disposed of under section 16 without a licence; sPage 26
2026-05-05 16:19:59 · Baseline
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24

CAP. 354]

Waste Disposal

[1987 Ed.

Mental Ingredient of offences under sections 11, 15, 15A, 16 and 17.

Protection of Crown, Urban

Council, Regional

Council, etc.

Regulations.

(2) A public officer shall, in the discharge of his powers, functions and duties under this Ordinance, comply with any direc- tions given by the Governor under subsection (1).

31. In any proceedings for an offence under section 11, 15, 15A, 16 or 17 it shall not be necessary for the prosecution to prove that the acts or omissions in question were accompanied by any intention, knowledge or negligence on the part of the defendant as to any element of the offence.

(Amended, 58 of 1987, s. 10)

32. (1) No liability shall rest on the Crown, the Urban Council, the Regional Council or upon any public officer by reason of the fact that any waste collection or waste disposal licence is issued under this Ordinance. (Amended, 8 of 1986, s. 8)

(2) 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 exercise of any power, function or duty of his under this Ordinance.

(3) The protection conferred on public officers by subsection (2) in respect of any act or omission shall not in any way affect any liability of the Crown, the Urban Council or the Regional Council for that act or omission. (Amended, 8 of 1986, s. 8)

33. (1) The Governor in Council may after consultation with the Environmental Pollution Advisory Committee, with the Urban Council in respect of matters which the Urban Council has under this Ordinance a duty to discharge or a function to fulfil and with the Regional Council in respect of matters which the Regional Council has under this Ordinance a duty to discharge or a function to fulfil by regulation provide for- (Amended, L.N. 165/84 and 8 of 1986, 5.8)

(a) the additional wastes or classes of waste to which a draft

waste disposal plan under section 3 shall apply;

(b) the design and construction of containers or enclosures for

the storage of animal waste;

(ba) the capacity, design, type, number, construction and materials used in the construction of containers provided in or on livestock premises for the storage of livestock waste; (Added, 58 of 1987, s. 11)

(bb) the capacity, design, type, number, construction and materials used in the construction of containers provided outside livestock premises for the collection of livestock waste; (Added, 58 of 1987, s. 11)

(c) the precautions to be taken to guard against dangers to public health or risks of pollution arising from waste;

(d) the waste or classes of waste that may be disposed of under

section 16 without a licence;

sPage 26

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