Hong Kong Ordinances

WATER POLLUTION CONTROL ORDINANCE - SECT 12

Defences

(1) A person does not commit an offence under section 8(1), 8(2), 9(1) or 9(2)
if he proves that-

   (a)  the discharge or deposit in question is an existing discharge or
        deposit-

        (i)    in respect of which an application under section 14 has been
               made and the prescribed application fee paid when required and
               the applicant has not been notified of a refusal to grant a
               licence as required by section 15(2); or

        (ii)   which is made under, and in accordance with, a licence granted
               under section 15, 16 or 23A; or (Replaced 67 of 1990 s. 8.
               Amended 83 of 1993 s. 8)

   (b)  the discharge or deposit in question is made under, and in accordance
        with, a licence granted under section 20; or

   (c)  where section 2(3) applies, the matter was deposited pursuant to an
        approval under subsection (2) and in accordance with the terms and
        conditions thereof; or

   (d)  (Repealed 67 of 1990 s. 8)

   (e)  the discharge or deposit was made in an emergency in order to avoid
        danger to life or property and as soon as was reasonably practicable
        he informed the Authority thereof in writing; or

   (f)  he acted under instructions given to him by his employer and he
        exercised the care and took the steps that the court, having regard to
        his position as an employee, considers reasonable in the circumstances
        to avoid the occurrence of the prohibited discharge or deposit.
        (Replaced 67 of 1990 s. 8)

(1A) A person does not commit an offence under section 8(1A) if he proves
that-

   (a)  the discharge or deposit was made in an emergency in order to avoid
        danger to life or property and as soon as was reasonably practicable
        he informed the Authority thereof in writing; or

   (b)  he acted under instructions given to him by his employer and he
        exercised the care and took the steps that the court, having regard to
        his position as an employee, considers reasonable in the circumstances
        to avoid the occurrence of the prohibited discharge or deposit. (Added
        67 of 1990 s. 8)

(1B) A person does not commit an offence under section 8 or 9 in respect of a
discharge-

   (a)  that is licensed under the Waste Disposal Ordinance ( Cap 354); or

   (b)  that complies with the Waste Disposal (Livestock Waste)  Regulations (
        Cap 354 sub. leg.). (Added 67 of 1990 s. 8)

(2) The Authority may by order published in the Gazette approve the making of
any particular kind of deposit as a farming practice to which the provisions
of subsections (1)(a), (1)(b) and (1A) of section 8, or either of those
provisions, do not apply so far as it is made in such areas by such persons
and in such manner as may be specified in the order. (Amended L.N. 74 of 1986;
67 of 1990 s. 22; 83 of 1993 s. 8)

(3) The power of the Authority under subsection (2) extends to practices
employed in all kinds of farming, including agriculture, animal husbandry and
fish farming. (Amended L.N. 74 of 1986; 83 of 1993 s. 8)