Hong Kong Ordinances

WATER POLLUTION CONTROL ORDINANCE - SECT 39

Analysis of samples

(1) A certificate of analysis of a sample of any matter may be tendered in
evidence in any proceedings under this Ordinance and shall, until the contrary
is proved, be sufficient evidence of the facts stated therein if the procedure
set out in this section has been complied with, or substantially complied with
so far as is reasonably practicable, in relation to that sample.

(2) An authorized officer who takes a sample of any matter for the purposes of
subsection (1) shall-

   (a)  divide it into 3 approximately equal parts;

   (b)  place each part in a separate container and suitably mark or label
        each container;

   (c)  ensure that the person appearing to be in occupation of the premises
        on which the sample was taken or his servant or agent-

        (i)    is handed such one of the parts as that person or his servant
               or agent may select or, if that is not reasonably practicable,
               is handed or sent by registered post such one of the parts as
               the officer shall select; and

        (ii)   is informed that one of the other 2 parts is intended to be
               submitted to the analyst for analysis;

   (d)  except where an analysis proves to be unnecessary, personally submit
        one of the remaining 2 parts to the analyst for analysis and retain
        the other for the purposes of comparison.

(3) As soon as the analyst has completed the analysis he shall furnish to the
Authority and to the person referred to in subsection

(2)(c), or his servant or agent, a certificate of the results of the analysis.
(Amended 83 of 1993 s. 26)

(4) A certificate under subsection (3) shall be signed by the analyst but the
analysis may be made by a person acting under his directions; and any
certificate purporting to have been signed by the analyst shall be presumed,
until the contrary is proved, to have been signed by him.

(5) In this section "analyst" (化驗師) means the Government Chemist or any
person appointed by the Governor as an analyst for the purposes of this
section.

(6) An appointment by the Governor under subsection (5) shall be notified in
the Gazette.

"analyst" (化驗師)