Hong Kong Ordinances

WATER POLLUTION CONTROL ORDINANCE - SECT 13

Restoration of waters by convicted person

(1) Where any person has been convicted of an offence under section  8 (1),
8(1A), 8(2), 9(1) or 9(2) the Authority may if he is of the opinion that-
(Amended 67 of 1990 s. 22)

   (a)  any part of the waters of Hong Kong suffered continuing damage as a
        direct result of the commission of the offence; and

   (b)  it is reasonably practicable to restore, or partially restore, that
        part to the condition it was in before the commission of the offence,
        by notice in writing require the person so convicted to carry out such
        work as is specified in the notice to effect such restoration or
        partial restoration.

(2) A notice under subsection (1)-

   (a)  may specify the manner in which the work is to be carried out;

   (b)  shall stipulate the time before which the work shall be commenced and
        the time by which it shall be completed;

   (c)  shall be addressed to and served personally or by registered post on
        the person who committed the offence.

(3) If a person fails to comply with a notice under subsection (1) served on
him, the Authority may, without further notice but subject to subsection (4),
carry out or cause to be carried out the work, or the remaining work,
specified in the notice and recover from that person the cost of so doing as a
civil debt due to the Crown.

(4) The Authority shall not exercise the power in subsection (3)-

   (a)  until after the expiry of the time allowed under section 29(3) for
        appeal against a requirement under subsection (1); and

   (b)  where an appeal is brought, until it is determined, withdrawn or
        abandoned.

(5) (Repealed 83 of 1993 s. 9)