Hong Kong Ordinances

AIR POLLUTION CONTROL ORDINANCE - SECT 40

Protection of private information from publicity

(1) Any person may apply to the Secretary to withhold from public notification
or other public access under this Ordinance any information concerning a
specified process, whether appearing in a licence or an application therefor
or in any notice, return or other document.

(1A) Any person may apply to the Secretary to withhold from public
notification or other public access under this Ordinance any information
relating to the design, construction, modification or adaptation of any
motor vehicle, fuel pump, equipment used for the storage of fuel or other
similar apparatus or any petrol delivery vehicle, whether appearing in a
licence or an application or in any notice, return, drawing, record or other
document, if the release of that information would otherwise reveal to a
competitor of that person vehicle designs, manufacturing techniques or
strategy or other details of a confidential nature known only to the
applicant, his employees or his professional advisers or consultants. (Added 2
of 1991 s. 8. Amended 19 of 1994 s. 10)

(1B) Any person may apply to the Secretary to withhold from public
notification or other public access under this Ordinance any information
concerning measures taken to prevent air pollution caused or contributed to by
emissions from motor vehicles, whether appearing in a licence or an
application or in any notice, return, drawing, record or other document, if
the release of that information would otherwise reveal to a competitor of that
person vehicle designs, manufacturing techniques or strategy or other details
of a confidential nature known only to the applicant, his employees or his
professional advisers or consultants. (Added 2 of 1991 s. 8)

(2) An application under subsection (1) (1A) or (1B) shall be granted by the
Secretary to the extent that he is satisfied that public notification or other
public access to the information would- (Amended 2 of 1991 s. 8)

   (a)  be contrary to the applicant's private interest to an unreasonable
        degree; or

   (b)  be contrary to the public interest.

(3) Where an application under this section is refused by the Secretary,
whether in whole or in part-

   (a)  notice of the refusal and of the reasons therefor shall be given in
        writing by the Secretary to the applicant;

   (b)  the information shall not be publicly notified or otherwise made
        accessible to the public until the time for appeal under section  31
        (2) has expired, or, if notice of appeal is lodged before that time,
        until determination or withdrawal of the appeal.