Hong Kong Ordinances

WATER POLLUTION CONTROL ORDINANCE - SECT 47

Application of Ordinance to Crown

(Past version on 30/06/1997).

(1) Subject to this section, this Ordinance shall bind the Crown.

(2) Sections 8 and 9 shall not have effect to permit proceedings to be taken
against, or to impose any criminal liability on, the Crown or on any person
who makes any discharge or deposit which he is required to make in the course
of carrying out his duties in the service of the Crown.

(3) If it appears to the Authority that any discharge or deposit is being, or
has been, made in contravention of section 8(1) or (1A) or 9(1) by any person
in the course of carrying out his duties in the service of the Crown, he
shall, if the contravention is not forthwith terminated to the satisfaction of
the Authority, report the matter to the Chief Secretary for Administration.
(Amended 67 of 1990 s. 22; 83 of 1993 s. 29; L.N. 362 of 1997)

(4) On receipt of a report under subsection (3) the Chief Secretary for
Administration shall inquire into the circumstances and, if his inquiry shows
that a contravention of section 8(1) or (1A) or 9(1) is continuing or likely
to recur, he shall ensure that the best practicable steps are taken to
terminate the contravention or avoid the recurrence. (Amended 67 of 1990 s.
22; L.N. 362 of 1997)

(5) Any notice or application under this Ordinance concerning a discharge or
deposit which is to be, or may be, given or made by or on behalf of the Crown
may be given or made by any public officer on behalf of the Crown.

(6) Any notice under this Ordinance concerning a discharge or deposit which is
to be, or may be, given by the Authority to the Crown shall be given to the
principal officer of the Government Department which appears to the Authority
to be responsible for the discharge or deposit or, in the event of any
question arising as to which Department is responsible, to such public officer
as the Chief Secretary for Administration shall determine. (Amended L.N. 362
of 1997)

(7) No compensation shall be payable under section 25 in respect of any
discharge or deposit made by or on behalf of the Crown.

(8) No fee or charge prescribed for the purposes of this Ordinance shall be
payable by the Crown.