Hong Kong Ordinances

DUMPING AT SEA ORDINANCE - SECT 2

Interpretation

Caution: This is a past version. See the current version here.

Adaptation amendments retroactively made - see 34 of 2000 s. 3 In this
Ordinance, unless the context otherwise requires- "Appeal Board"
(上訴委員會) means an appeal board constituted under Part VIII;
"Authority" (監督) means the authority designated under section 4;
"authorized officer" (獲授權人員) means a person appointed as an
authorized  officer under section 5; "Chairman" (主席) means the chairman
appointed under section 28(1); "commander" (機長), in relation to an
aircraft, means the member of the flight crew designated as commander of that
aircraft by the operator, or, if no person is designated, the person who is
the pilot in command of the aircraft; "container" (盛器) includes a box,
barrel, drum or other receptacle; "Convention State" (公約國) means a state
which is a party to the Convention on the Prevention of Marine Pollution by
Dumping of Wastes and Other Matter concluded at London in December 1972;
"dumping" (傾倒) means-

   (a)  a deliberate disposal, including an emission or discharge, at sea of
        substances or articles from an aircraft, vessel or marine  structure;
        and

   (b)  a deliberate disposal at sea of an aircraft, vessel or marine 
        structure, but does not include dumping that is incidental to the
        operation of an aircraft, vessel or marine structure other than of
        substances or articles transported to or by an aircraft, vessel or
        marine structure for dumping or treatment prior to dumping; "dumping
        operator" (傾倒操作人) means a person who dumps substances or
        articles, or scuttles a vessel, aircraft or marine structure, for
        another person; "Hong Kong aircraft" (香港飛機) means an aircraft
        registered in Hong Kong; "Hong Kong marine structure"
        (香港海事構築物) means a marine structure owned by or leased to
        an individual residing in Hong Kong or a body corporate incorporated
        under the law of Hong Kong; "Hong Kong vessel" (香港船隻) means a
        vessel registered in Hong Kong under the
        Merchant Shipping (Registration) Ordinance ( Cap 415) or required to
        be licensed under the Shipping and Port Control Ordinance ( Cap 313);
        "incineration" (焚化) means the combustion of substances and
        articles for the purpose of their thermal destruction; "marine
        pollution abatement notice" (減除海洋污染通知書) means a
        marine pollution  abatement notice served under section 12; "marine
        structure" (海事構築物) means a platform or other man-made
        structure at sea other than a pipeline; "master" (船長), in relation
        to a vessel, includes the person for the time being in charge of the
        vessel; "permit" (許可證) means a permit issued under this
        Ordinance; "sea" (海、海域) includes an area submerged at mean
        high water springs and also includes, so far as the tide flows at mean
        high water springs, an estuary or arm of the sea and the waters of a
        channel, creek, bay or river; "Secretary" (局長) means the secretary
        designated under section 4; (Amended 78 of 1999 s. 7; 34 of 2000 s. 3)
        "technical memorandum" (技術備忘錄) includes an amendment to a
        technical  memorandum; "vessel" (船隻) includes-

   (a)  a ship, junk, boat, dynamically supported craft, seaplane, or other
        description of vessel used in navigation; and

   (b)  any other description of vessel in Hong Kong or in the waters of Hong
        Kong not used in navigation or not constructed or adapted for use in
        navigation; "waste producer" (廢物產生者) means the person who
        undertakes an activity that produces a substance or article that he
        disposes of or proposes to dispose of by dumping. (Enacted 1995)
        "Appeal Board" (上訴委員會) "Authority" (監督) "authorized
        officer" (獲授權人員) "Chairman" (主席) "commander" (機長)
        "container" (盛器) "Convention State" (公約國) "dumping" (傾倒)
        "dumping operator" (傾倒操作人) "Hong Kong aircraft"
        (香港飛機) "Hong Kong marine structure" (香港海事構築物)
        "Hong Kong vessel" (香港船隻) "incineration" (焚化) "marine
        pollution abatement notice" (減除海洋污染通知書) "marine
        structure" (海事構築物) "master" (船長) "permit" (許可證)
        "sea" (海、海域) "Secretary" (局長) "technical memorandum"
        (技術備忘錄) "vessel" (船隻) "waste producer" (廢物產生者)