Hong Kong Ordinances

AIR POLLUTION CONTROL ORDINANCE - SECT 43

Regulations

(1) For the purposes of this Ordinance, the Secretary may, after consultation
with the Advisory Council on the Environment, by regulation provide for-
(Amended L.N. 165 of 1984; 13 of 1993 s. 28; L.N. 57 of 1994)

   (a)  the designation of noxious or offensive emissions;

   (b)  the abatement, prohibition and control of the emission into the
        atmosphere of air pollutants;

   (c)  methods to be used for the measurement of the composition,
        concentration, quantity, quality or density of any air pollutant
        emitted from any polluting process or passing through any chimney;

   (d)  the provision of any apparatus or device for indicating the
        composition, concentration, quantity, quality or density of any air 
        pollutant emitted from any polluting process or passing through any
        chimney;

   (e)  the modification or replacement of or prohibition of a
        polluting process, or class of chimney, relevant plant or regulated
        activity, either generally or in any particular case;

   (f)  the prohibition of the installation of any chimney, relevant  plant or
        an activity that may evolve an air pollutant without the approval of
        the Authority;

   (g)  the court to make orders prohibiting the continuation of an activity
        that may evolve an air pollutant or the use of a chimney or
        relevant plant installed, altered, modified or operated in
        contravention of this Ordinance or requiring the chimney or
        relevant plant to be dismantled; (Replaced 13 of 1993 s. 28)

   (h)  the adoption of precautions against the emission of air  pollutants
        from any polluting process, or class of chimney, relevant plant or
        regulated activity;

   (i)  the employment of competent persons to be in charge of a
        polluting process, or class of chimney, relevant plant or regulated
        activity;

   (j)  the prohibition or restriction of the burning in or at any place
        whatsoever of any kind of material that may evolve air pollutants;

   (k)  the prohibition or control of any process or procedure used in or in
        connection with-

        (i)    a polluting process, or class of chimney, relevant plant or
               regulated activity; or (Replaced 13 of 1993 s. 28)

        (ii)   the conduct of any specified process, or any class thereof;

   (l)  in relation to any specified process, or any class thereof, the
        installation and use or operation of any specified type of equipment;

   (m)  any matters required to implement the provisions of Part IV relating
        to licences or exemptions;

   (ma) the time when an annual charge prescribed for the purposes of
        section 15A or 26A is to be paid, the recovery of such charge (if not
        paid) as a civil debt, the waiver or refund of such charge and for
        other matters relating to such charge; (Added 23 of 1987 s. 15)

   (n)  the particulars and information to be contained in a register;

   (o)  the imposition of requirements as to the composition, concentration,
        quantity, quality, viscosity or density and the use of any kind of
        fuel or any kind of other material that may evolve air pollutants;
        (Replaced 13 of 1993 s. 28)

   (oa) the prohibition, restriction or control of the production, treatment,
        distribution, import, storage, sale or use of any fuel, or any kind of
        other material that may evolve air pollutants and which is for use in
        Hong Kong; (Added 13 of 1993 s. 28. Amended 19 of 1994 s. 11)

   (p)  the specification of the kinds of fuel, or any kind of other material
        that may evolve air pollutants (including fuel or other material used
        in the propulsion of any vessel, motor vehicle, railway locomotive or
        aircraft), and the kinds of relevant plant (including any furnace or
        engine used in the propulsion of any vessel, motor vehicle, railway
        locomotive or aircraft) to which the regulations are to apply;

   (q)  the making of orders prohibiting the use of any particular fuel, or
        any kind of other material that may evolve air pollutants, or class or
        mixture of fuels, or such other materials, in any relevant plant or an
        activity that may evolve air pollution;

   (r)  the application of standards (including vehicle design  standards),
        specifications, descriptions, methods, procedures, requirements or
        tests laid down in documents (whether or not published or produced in
        Hong Kong) not forming part of the regulations and relating to the
        prevention or reduction of the emission of air pollutants including
        the application of such standards, specifications, descriptions,
        methods, procedures, requirements or tests in relation to the
        prohibition or control of the emission of air pollutants from
        motor vehicles; (Replaced 2 of 1991 s. 9)

   (ra) the inspection, examination, measurement or testing of motor  vehicles
        and motor vehicle engines in relation to the prohibition or control of
        the emission of air pollutants therefrom and the fuels used or
        intended to be used therein, and the methods, equipment and procedures
        to be used or followed for such inspection, examination, measurement
        or testing; (Added 2 of 1991 s. 9)

   (rb) the fitting or installation of any apparatus or device to
        motor vehicles to prevent or reduce the emission of air pollutants
        therefrom; (Added 2 of 1991 s. 9)

   (rc) the prohibition or control of any material, lubricants or liquids that
        may evolve air pollutants if added to any fuel; (Added 2 of 1991 s. 9)

   (rd) the prohibition or control of the removal, replacement, modification,
        adaptation or alteration of any apparatus or device fitted to or
        installed in any motor vehicle or motor vehicle engine and so fitted
        or installed to prevent or reduce the emission of air pollutants
        therefrom; (Added 2 of 1991 s. 9)

   (re) the prohibition or control of the use of any motor vehicle modified,
        adapted, altered, maintained or operated in contravention of any
        requirement imposed under this Ordinance; (Added 2 of 1991 s. 9)

   (rf) the prohibition of control of the removal, replacement, modification,
        adaptation or alteration of any motor vehicle or motor  vehicle engine
        that has the effect or intended effect of increasing the emission of
        air pollutants therefrom; (Added 2 of 1991 s. 9)

   (rg) the imposition of requirements as to the design, construction,
        maintenance, adjustment, repair or operation of any motor vehicle or
        motor  vehicle engine in order to prevent or reduce the emission of
        air  pollutants therefrom; (Added 2 of 1991 s. 9)

   (rh) the prohibition or control of the modification, adaptation or
        alteration of any fuel pump or other equipment and fittings used for
        or in connection with the dispensing of fuel, and the prohibition or
        control of the removal, alteration or defacement of any information
        required to be displayed in respect of such fuel pump or other
        equipment and fittings; (Added 2 of 1991 s. 9. Amended 19 of 1994 s.
        11)

        (ri)   the prohibition or control of the use of any fuel pump or other
               equipment and fittings used for or in connection with the
               dispensing of fuel modified, adapted, altered or operated in
               contravention of this Ordinance; (Added 2 of 1991 s. 9. Amended
               19 of 1994 s. 11)

   (s)  the keeping of records and statistics relating to the emission of
        air pollutants from any chimney, relevant plant, an activity that may
        evolve air pollution, or the composition, concentration, quantity,
        quality or density of fuel, or any kind of other material that may
        evolve air  pollutants, used in any relevant plant, an activity that
        may evolve air  pollution, or any class of relevant plant or regulated
        activity;

   (sa) the imposition of requirements on the handling, transportation or
        storage of a substance or thing which may evolve an air pollutant;
        (Added 13 of 1993 s. 28)

   (sb) the forfeiture of a substance or thing which may evolve an air 
        pollutant and which is not handled, transported or stored in
        accordance with this Ordinance; (Added 13 of 1993 s. 28)

   (t)  the manner of determining the amount of compensation payable under
        sections 24 and 25, the factors to be taken into account or
        disregarded and the principles to be applied in determining that
        amount;

   (u)  the information to be included in forms to be used and the procedure
        to be followed for the purposes of appeals under Part VI;

        (v)    authorizing the Authority to confer exemptions from any
               provisions of the regulations;

   (w)  (Repealed 13 of 1993 s. 28)

        (x)    the application of section 31(3) in the case of any appeal from
               a decision, requirement or specification of a public officer
               under any regulations made under this Ordinance;

(xa) the qualifications, conditions, procedures, information to be included in
forms and fees payable for the registration of a person, company or laboratory
for the control of asbestos; (Added 13 of 1993 s. 28)

(xb) the duties and liabilities of a person, company or laboratory registered
under provisions relating to the control of air pollution from asbestos;
(Added 13 of 1993 s. 28)

(xc) the practices, standards, procedures and guide-lines to follow for a
person, company or laboratory registered under provisions relating to the
control of air pollution from asbestos; (Added 13 of 1993 s. 28)

(xd) the labelling and manner of labelling of a substance or object known to
contain asbestos; (Added 13 of 1993 s. 28)

(xe) the investigation for asbestos in premises or a ship in Hong Kong before,
or during, repair, maintenance or demolition work is carried out, the
preparation of an asbestos investigation report, the preparation and
implementation of an asbestos management plan and the implementation of an
asbestos abatement work at specified places by registered asbestos 
consultants, supervisors, contractors and laboratories, with conditions that
may be considered necessary; (Added 13 of 1993 s. 28)

(xf) the registration of premises or a dock as a specified place for the
purpose of a regulation made under paragraph (xe) subject to conditions that
the Secretary may consider reasonably necessary; (Added 13 of 1993 s. 28)

(xg) the application of Part IX (which deals with asbestos control work) to
the extent that the Secretary considers necessary to ships and docks used for
the repair and breaking of ships; (Added 13 of 1993 s. 28)

   (y)  unless otherwise provided prescribing anything which under this
        Ordinance is to be or may be prescribed;

   (z)  the better carrying out generally of the provisions and purposes of
        this Ordinance.

(2) Regulations made under this section may be of general application or
limited to any particular air control zone or other area or district or to any
polluting process or specified process, or any class or kind thereof or to any
particular motor vehicle, or any type, class or kind thereof, or to any
particular motor vehicle engine, or any type, class or kind thereof. (Amended
2 of 1991 s. 9)

(3) Without prejudice to the generality of subsection (1), where fuel, or
other material, is subject to the requirements as to composition,
concentration, quantity, quality, viscosity or density imposed by regulations
under this section, the regulations may, in order that persons to whom the
fuel, or other material, is supplied are afforded information as to its
composition, concentration, quantity, quality, viscosity or density, impose
requirements for securing that the information is displayed at such places and
in such manner as may be prescribed.

(4) Regulations made under this section may provide that a contravention of
specified provisions thereof or of specified conditions of a licence shall be
an offence and may provide penalties therefor not exceeding a fine of $200000
and imprisonment for 6 months, and in addition, if the offence is a continuing
offence, to a fine not exceeding-

   (a)  $1000 in respect of every one quarter of an hour; or

   (b)  $50000 in respect of each day, during the whole or any part of which
        the offence continues, as the circumstances may require. (Amended 23
        of 1987 s. 15) (Amended 13 of 1993 s. 28)