1967 — Page 85

Urban Council Proceedings 市政局議事錄 All AI Reviewed

£ 259

Page 85 of 259

148

HONG KONG URBAN COUNCIL

plaints the factory was kept under observation and in June 1966 a summons, under section 8(b) of the Clean Air Ordinance, was served on the owner and resulted in the imposition of a $200 fine. However, since this prosecution continued observations by the Inspectorate have not revealed any evidence of emission of smoke of a shade darker than Ringelmann Shade I, this being the statutory minimum degree of darkness of smoke to enable any further action to be taken against the licensee.

The factory is not permitted to use kerosene pressure burners, but is restricted to the use of charcoal stoves or other open fires in the kitchen. These requirements and conditions have not been breached. In an attempt to reduce the nuisance from this factory, the owner was at one time persuaded to burn anthracite instead of coal. This was done with good results, but supplies of anthracite have been erratic and the owner has, therefore, reverted to the use of coal. Efforts have been made to persuade the owner to convert to diesel oil burners, but without success.

The overall smoke nuisance problem relating to food premises generally has been referred by the Food and Food Premises Select Committee to the Committee on Air Pollution, and I believe that ways of overcoming this problem are receiving consideration by that Committee.

In the meantime, no further action is possible except to keep this factory under constant observation, and to take action if the smoke emission from the factory is such as to permit action to be taken. There are no legal powers to enable the Director of Urban Services to require the factory to move.

MR. CHEONG-LEEN:- Mr. Chairman, how many inspections were made since June 1966 and now?

THE DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES:- Mr. Chairman, I cannot give the actual figure on that. Observations have been carried out rather irregularly, but on an average about once a fortnight.

MR. CHEONG-LEEN:- Are these inspections carried out at certain times of the day? For instance, at times when the factory will be using whatever it may be, coal or anthracite?

DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES:- Mr. Chairman, they are carried out at times when the factory is in operation.

HONG KONG URBAN COUNCIL

149

MR. CHEONG-LEEN:- Does the Deputy Director know whether inspections were carried out at 7 a.m. in the morning, which was the time mentioned to me by the joint complaint?

DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES:- Mr. Chairman, I haven't any information on the actual time, but I presume 7 a.m. is the time when the stoves are starting up. The emission of smoke must take place over a certain time before any action can be taken. For a very short time in the morning when the burners are starting there may be some emission of smoke on which action cannot be taken.

MR. CHEONG-LEEN:- Does that mean then that at 7 a.m. in the morning it is possible that the emission of smoke can have a shade darker than Ringelmann Shade I?

DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES:- For a brief time probably yes, Mr. Chairman, but that would not be an offence under the Ordinance. We would have to check the length of time of emission of the smoke.

MR. CHEONG-LEEN:- In other words then, under the Ordinance it is permitted to go beyond Ringelmann Shade I at certain times of the day?

DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES:- Not at certain times, Mr. Chairman, but for a certain length of time.

MR. CHEONG-LEEN:- In other words then, Mr. Chairman, for a certain length of time it is possible that the emission of smoke from this factory can be a nuisance to the residents who are living nearby?

DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES:- Can I make this clear, Mr. Chairman. The emission of smoke to form a nuisance must be darker than Ringelmann Shade I for a specified period of time or longer. For a shorter period of time it would not be an offence under the Clean Air Ordinance.

MR. BERNACCHI:- Mr. Chairman, in 1957 when this factory was established, was the part of Tung Lo Wan Road in which the factory is established mainly an industrial area, or mainly a residential area?

DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES:- Mr. Chairman, I am afraid I have no answer to Mr. BERNACCHI's question, I do not know.

MR. CHEONG-LEEN:- Mr. Chairman, I have a written complaint from the 34 tenants adjacent to this factory and I shall pass it on within the next day or so to the Deputy Director. Can I have his assurance that he will look into this personally to see what can be done to abate this nuisance?

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£ 259 Page 85 of 259 148 HONG KONG URBAN COUNCIL plaints the factory was kept under observation and in June 1966 a summons, under section 8(b) of the Clean Air Ordinance, was served on the owner and resulted in the imposition of a $200 fine. However, since this prosecution continued observations by the Inspectorate have not revealed any evidence of emission of smoke of a shade darker than Ringelmann Shade I, this being the statutory minimum degree of darkness of smoke to enable any further action to be taken against the licensee. The factory is not permitted to use kerosene pressure burners, but is restricted to the use of charcoal stoves or other open fires in the kitchen. These requirements and conditions have not been breached. In an attempt to reduce the nuisance from this factory, the owner was at one time persuaded to burn anthracite instead of coal. This was done with good results, but supplies of anthracite have been erratic and the owner has, therefore, reverted to the use of coal. Efforts have been made to persuade the owner to convert to diesel oil burners, but without success. The overall smoke nuisance problem relating to food premises generally has been referred by the Food and Food Premises Select Committee to the Committee on Air Pollution, and I believe that ways of overcoming this problem are receiving consideration by that Committee. In the meantime, no further action is possible except to keep this factory under constant observation, and to take action if the smoke emission from the factory is such as to permit action to be taken. There are no legal powers to enable the Director of Urban Services to require the factory to move. MR. CHEONG-LEEN:- Mr. Chairman, how many inspections were made since June 1966 and now? THE DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES:- Mr. Chairman, I cannot give the actual figure on that. Observations have been carried out rather irregularly, but on an average about once a fortnight. MR. CHEONG-LEEN:- Are these inspections carried out at certain times of the day? For instance, at times when the factory will be using whatever it may be, coal or anthracite? DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES:- Mr. Chairman, they are carried out at times when the factory is in operation. HONG KONG URBAN COUNCIL 149 MR. CHEONG-LEEN:- Does the Deputy Director know whether inspections were carried out at 7 a.m. in the morning, which was the time mentioned to me by the joint complaint? DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES:- Mr. Chairman, I haven't any information on the actual time, but I presume 7 a.m. is the time when the stoves are starting up. The emission of smoke must take place over a certain time before any action can be taken. For a very short time in the morning when the burners are starting there may be some emission of smoke on which action cannot be taken. MR. CHEONG-LEEN:- Does that mean then that at 7 a.m. in the morning it is possible that the emission of smoke can have a shade darker than Ringelmann Shade I? DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES:- For a brief time probably yes, Mr. Chairman, but that would not be an offence under the Ordinance. We would have to check the length of time of emission of the smoke. MR. CHEONG-LEEN:- In other words then, under the Ordinance it is permitted to go beyond Ringelmann Shade I at certain times of the day? DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES:- Not at certain times, Mr. Chairman, but for a certain length of time. MR. CHEONG-LEEN:- In other words then, Mr. Chairman, for a certain length of time it is possible that the emission of smoke from this factory can be a nuisance to the residents who are living nearby? DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES:- Can I make this clear, Mr. Chairman. The emission of smoke to form a nuisance must be darker than Ringelmann Shade I for a specified period of time or longer. For a shorter period of time it would not be an offence under the Clean Air Ordinance. MR. BERNACCHI:- Mr. Chairman, in 1957 when this factory was established, was the part of Tung Lo Wan Road in which the factory is established mainly an industrial area, or mainly a residential area? DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES:- Mr. Chairman, I am afraid I have no answer to Mr. BERNACCHI's question, I do not know. MR. CHEONG-LEEN:- Mr. Chairman, I have a written complaint from the 34 tenants adjacent to this factory and I shall pass it on within the next day or so to the Deputy Director. Can I have his assurance that he will look into this personally to see what can be done to abate this nuisance? Page 85 Page 86 2,59 Page 86 of 259

Baseline (Original)

£ 259 Page 85 of 259 148 HONG KONG URBAN COUNCIL plaints the factory was kept under observation and in June 1966 a summons, under section 8(b) of the Clean Air Ordinance, was served on the owner and resulted in the imposition of a $200 fine. However, since this prosecution continued observations by the Inspectorate have not re- vealed any evidence of emission of smoke of a shade darker than Ringelmann Shade I, this being the statutory minimum degree of darkness of smoke to enable any further action to be taken against the licensee. The factory is not permitted to use kerosene pressure burners, but is restricted to the use of charcoal stoves or other open fires in the kitchen. These requirements and conditions have not been breached. In an attempt to reduce the nuisance from this factory, the owner was at one time persuaded to burn anthracite instead of coal. This was done with good results, but supplies of anthracite have been erratic and the owner has, therefore, reverted to the use of coal. Efforts have been made to persuade the owner to convert to diesel oil burners, but without success. The overall smoke nuisance problem relating to food premises generally has been referred by the Food and Food Premises Select Committee to the Committee on Air Pollution, and I believe that ways of overcoming this problem are receiv- ing consideration by that Committee. In the meantime, no further action is possible except to keep this factory under constant observation, and to take action if the smoke emission from the factory is such as to permit action to be taken. There are no legal powers to enable the Director of Urban Services to require the factory to move. MR. CHEONG-LEEN:-Mr. Chairman, how many inspections were made since June 1966 and now? THE DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES: -Mr. Chairman, I cannot give the actual figure on that. Observations have been carried out rather irregularly, but on an average about once a fortnight. MR. CHEONG-LEEN:-Are these inspections carried out at certain times of the day? For instance, at times when the factory will be using whatever it may be, coal or anthracite? DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES:-Mr. Chairman, they are carried out at times when the factory is in operation. HONG KONG URBAN COUNCIL 149 MR. CHEONG-LEEN:-Does the Deputy Director know whether inspections were carried out at 7 a.m. in the morning, which was the time mentioned to me by the joint complaint? DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES:-Mr. Chairman, I haven't any information on the actual time, but I presume 7 a.m. is the time when the stoves are starting up. The emission of smoke must take place over a certain time before any action can be taken. For a very short time in the morning when the burners are starting there may be some emission of smoke on which action cannot be taken. MR. CHEONG-LEEN:-Does that mean then that at 7 a.m. in the morning it is possible that the emission of smoke can have a shade darker than Ringelmann Shade I? DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES:-For a brief time probably yes, Mr. Chairman, but that would not be an offence under the Ordinance. We would have to check the length of time of emission of the smoke. MR. CHEONG-LEEN:-In other words then, under the Ordinance it is permitted to go beyond Ringelmann Shade I at certain times of the day? DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES:-Not at certain times, Mr. Chairman, but for a certain length of time. MR. CHEONG-LEEN:-In other words then, Mr. Chairman, for a certain length of time it is possible that the emission of smoke from this factory can be a nuisance to the residents who are living nearby? DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES:-Can I make this clear, Mr. Chairman. The emission of smoke to form a nuisance must be darker than Ringelmann Shade I for a specified period of time or longer. For a shorter period of time it would not be an offence under the Clean Air Ordinance. MR. BERNACCHI:-Mr. Chairman, in 1957 when this factory was established, was the part of Tung Lo Wan Road in which the factory is established mainly an industrial area, or mainly a residential area? DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES:-Mr. Chairman, I am afraid I have no answer to Mr. BERNACCHI's question, I do not know. MR. CHEONG-LEEN:-Mr. Chairman, I have a written complaint from the 34 tenants adjacent to this factory and I shall pass it on within the next day or so to the Deputy Director. Can I have his assurance that he will look into this personally to see what can be done to abate this nuisance? Page 85Page 86 2,59 Page 86 of 25,

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£ 259

Page 85 of 259

148

HONG KONG URBAN COUNCIL

plaints the factory was kept under observation and in June 1966 a summons, under section 8(b) of the Clean Air Ordinance, was served on the owner and resulted in the imposition of a $200 fine. However, since this prosecution continued observations by the Inspectorate have not re- vealed any evidence of emission of smoke of a shade darker than Ringelmann Shade I, this being the statutory minimum degree of darkness of smoke to enable any further action to be taken against the licensee.

move.

MR. CHEONG-LEEN:-Mr. Chairman, how many inspections were made since June 1966 and now?

THE DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES: -Mr. Chairman, I cannot give the actual figure on that. Observations have been carried out rather irregularly, but on an average about once a fortnight.

MR. CHEONG-LEEN:-Are these inspections carried out at certain times of the day? For instance, at times when the factory will be using whatever it may be, coal or anthracite?

DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES:-Mr. Chairman, they are carried out at times when the factory is in operation.

HONG KONG URBAN COUNCIL

149

MR. CHEONG-LEEN:-Does the Deputy Director know whether inspections were carried out at 7 a.m. in the morning, which was the time mentioned to me by the joint complaint?

DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES:-Mr. Chairman, I haven't any information on the actual time, but I presume 7 a.m. is the time when the stoves are starting up. The emission of smoke must take place over a certain time before any action can be taken. For a very short time in the morning when the burners are starting there may be some emission of smoke on which action cannot be taken.

MR. CHEONG-LEEN:-Does that mean then that at 7 a.m. in the morning it is possible that the emission of smoke can have a shade darker than Ringelmann Shade I?

DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES:-For a brief time probably yes, Mr. Chairman, but that would not be an offence under the Ordinance. We would have to check the length of time of emission of the smoke.

MR. CHEONG-LEEN:-In other words then, under the Ordinance it is permitted to go beyond Ringelmann Shade I at certain times of the day?

DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES:-Not at certain times, Mr. Chairman, but for a certain length of time.

MR. CHEONG-LEEN:-In other words then, Mr. Chairman, for a certain length of time it is possible that the emission of smoke from this factory can be a nuisance to the residents who are living nearby?

DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES:-Can

I make this clear, Mr. Chairman. The emission of smoke to form a nuisance must be darker than Ringelmann Shade I for a specified period of time or longer. For a shorter period of time it would not be an offence under the Clean Air Ordinance.

MR. BERNACCHI:-Mr. Chairman, in 1957 when this factory was established, was the part of Tung Lo Wan Road in which the factory is established mainly an industrial area, or mainly a residential area?

DEPUTY DIRECTOR OF MEDICAL AND HEALTH SERVICES:-Mr. Chairman, I am afraid I have no answer to Mr. BERNACCHI's question, I do not know.

MR. CHEONG-LEEN:-Mr. Chairman, I have a written complaint from the 34 tenants adjacent to this factory and I shall pass it on within the next day or so to the Deputy Director. Can I have his assurance that he will look into this personally to see what can be done to abate this nuisance?

Page 85Page 86

2,59

Page 86 of 25,

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