Hong Kong Ordinances

WATER POLLUTION CONTROL ORDINANCE - SECT 25

Compensation for cancellation or variation of certain licences

(1) Where a licence is, pursuant to section 24(1)-

   (a)  cancelled as provided in section 24(3)(b); or

   (b)  varied as provided in section 24(3)(a)(i) or (c) so as to impose
        additional obligations on the person making the discharge or deposit,
        within 2 years after it came into effect, the Authority shall be
        liable to pay compensation to the person whose licence is cancelled or
        varied if the circumstances set out in subsection (2) are present.
        (Amended 42 of 1985 s. 3)

(2) The circumstances mentioned in subsection (1) are-

   (a)  that the possibility of danger to health or harm to the
        drainage or sewerage system or to the health or safety of any person
        engaged in the operation thereof or the establishment of a new water 
        quality objective (as provided in section 24(1)(a), (b) and (c) was
        known or could with reasonable foresight have been known, to the
        Authority at the time the licence was granted or renewed; or

   (b)  that the danger, harm or new water quality objective mentioned in
        paragraph (a) is a consequence of licences granted or renewed after
        the grant, or, where a licence has been renewed, the last renewal of
        the licence which is cancelled or varied. (Amended 67 of 1990 s. 22)