Hong Kong Ordinances

WATER POLLUTION CONTROL ORDINANCE - SECT 6

Authority to seek to achieve quality objectives

(1) (Repealed 83 of 1993 s. 5)

(2) The Secretary shall notify the Authority of all water quality  objectives
and of any amendment thereof under section 5(3). (Amended L.N. 76 of 1982;
L.N. 74 of 1986; 83 of 1993 s. 5)

(3) The Authority shall exercise and perform his powers, functions and duties
under this Ordinance with the aim of achieving the relevant
water quality objectives as soon as is reasonably practicable and thereafter
maintaining the quality so achieved. (Amended 83 of 1993 s. 5)

(4) If in the opinion of the Secretary the achievement or maintenance of any
water quality objective would be better served by the exercise by the
Authority of any of his powers under section 20(4) or 24, the Secretary may,
subject to subsection (5), give directions in writing to the Authority as to
the manner in which he shall exercise those powers; and, in the case of a
direction which relates to section 20(4), any such direction may be of a
general nature or relate to a particular case or particular cases.

(5) The Secretary shall not give any direction under subsection (4) as to the
manner in which the Authority shall exercise the powers in section 24 in
relation to a discharge or deposit unless he considers that- (Amended 83 of
1993 s. 5)

   (a)  any part of the waters of Hong Kong are in such a condition as to
        constitute a danger to the health of the public, or a section of the
        public, and the exercise of the powers in relation to that discharge
        or deposit would tend to lessen the danger; or

   (b)  in the case of a licence for the purpose of section 9, the discharge
        or deposit may be harmful to the operation of any sewage treatment
        plant.

(6) The Authority shall comply with any direction given to him under
subsection (4) and the discretion conferred on the Authority by section 20(4)
or 24(1) shall not apply to any discharge or deposit in respect of which such
a direction is in force. (Amended 67 of 1990 s. 22)