CAP. 358]
Water Pollution Control
A communal
671908.22.
(Cap. 295.)
[1980 Ed.
(2) Where any matter is discharged into a public sewer or public drain in a water control zone from any premises, then, subject to section 12, the occupier of the premises commits an offence, in addition to any other person who may be guilty of an offence under subsection (1).
(3) In subsection (1)—
"domestic sewage" means any waste of a kind and quantity which is ordinarily disposed of in a household by the normal use of a toilet, watercloset, bath, shower, sink, basin or other sanitary fitment by persons residing therein;
"unpolluted water" means-
671905.5.
671905.22.
Mental ingredient of
offences under sections 8 and 9.
Penalties.
67/005-21.
Defences.
A
(a) rain water from any part of a building, including any
area appurtenant to a building;
(b) water which does not contain any poisonous, noxious or
polluting matter.
(4) This section does not apply to-
(a) a discharge or deposit which is forbidden by the Dangerous Goods Ordinance or any regulations made thereunder; or
(b) water used-
(i) for firefighting purposes;
(ii) in connexion with an occurrence in which life or property is endangered;
(iii) for the cleansing of streets, thoroughfares, and other areas.
(1A), 10. In any proceedings for an offence under section 8(1), 8(2), 9(1) or 9(2) in which it is alleged that the defendant caused matter to enter the waters of Hong Kong or inland waters or a public sewer or public drain or caused matter to be deposited as provided in section 2(3) 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.
10A.
(A) 11. A person who commits an offence under section 8(1), 8(2), 9(1) or 9(2) is liable to-
$100,000
(a) for a first offence, a fine of $50,000;
$200,000
(b) for a second or subsequent offence, a fine of $100,000, and in addition, if the offence is a continuing offence, to a fine of $5,000 for each day during which it is proved to the satisfaction of the court that the offence has continued.
12. (1) A person does not commit an offence under section 8(1), 8(2), 9(1) or 9(2) if he proves that-
10
CAP. 358]
Water Pollution Control
A communal
671908.22.
(Cap. 295.)
[1980 Ed.
(2) Where any matter is discharged into a public sewer or public drain in a water control zone from any premises, then, subject to section 12, the occupier of the premises commits an offence, in addition to any other person who may be guilty of an offence under subsection (1).
(3) In subsection (1)—
"domestic sewage" means any waste of a kind and quantity which is ordinarily disposed of in a household by the normal use of a toilet, watercloset, bath, shower, sink, basin or other sanitary fitment by persons residing therein;
"unpolluted water" means-
671905.5.
671905.22.
Mental ingredient of
offences under sections 8 and 9.
Penalties.
67/005-21.
Defences.
A
(a) rain water from any part of a building, including any
area appurtenant to a building;
(b) water which does not contain any poisonous, noxious or
polluting matter.
(4) This section does not apply to-
(a)
a discharge or deposit which is forbidden by the Dan- gerous Goods Ordinance or any regulations made there- under; or
(b) water used-
(i) for firefighting purposes;
(ii) in connexion with an occurrence in which life or property is endangered;
(iii) for the cleansing of streets, thoroughfares, and other areas.
(1A), 10. In any proceedings for an offence under section 8(1), 8(2), 9(1) or 9(2) in which it is alleged that the defendant caused matter to enter the waters of Hong Kong or inland waters or a public sewer or publie drain or caused matter to be deposited as provided in section 2(3) it shall not be necessary for the prosecu- tion to prove that the acts or omissions in question were accom- panied by any intention, knowledge or negligence on the part of the defendant as to any element of the offence.
10A.
(A) 11. A person who commits an offence under section 8(1), 18(2), 9(1) or 9(2) is liable to-
$100.
(a) for a first offence, a fine of $50,000;
$260,000
(b) for a second or subsequent offence, a fine of $100,000, and in addition, if the offence is a continuing offence, to a fine of $5000for each day during which it is proved to the satisfaction of the court that the offence has continued.
12. (1) A person does not commit an offence under sec- tion 8(1), 8(2), 9(1) or 9(2) if he proves that-
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