Hong Kong Ordinances

DUMPING AT SEA ORDINANCE - SECT 24

Power to test, etc.

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 34 of 2000 s. 3

(1) The Authority may-

   (a)  test to ascertain the probable effect of a substance, article, vessel,
        aircraft or marine structure that is permitted to be dumped, scuttled
        or incinerated, on the marine environment and the living resources
        which it supports;

   (b)  analyse or have tested and analysed a substance, article, vessel,
        aircraft or marine structure that is permitted to be dumped, scuttled
        or incinerated; and

   (c)  require a person who applies for or holds a permit or on whom a
        marine pollution abatement notice is given to test and analyse
        relevant substances, articles, vessels, aircraft and
        marine structures.

(2) If, at the request of a person, the Authority carries out a test under
subsection (1)(a), he is entitled to recover any expenses reasonably incurred
from the person who requested the test.

(3) A certificate of analysis of a sample of a substance or article or other
material obtained from any place, premises, aircraft, vehicle, vessel or
marine structure may be tendered in evidence in proceedings and is evidence of
the facts stated in the certificate if this section has been complied with, or
substantially complied with.

(4) An authorized officer who has a sample of a substance or article for
analysis, or a person required to test or analyse a substance or article under
subsection (1)(c), 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 in charge of the place, premises, aircraft,
        vehicle, vessel or marine structure from which the sample is obtained,
        or his employee or agent-

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

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

   (d)  submit one of the other 2 parts to an analyst for analysis and retain
        the remaining part.

(5) As soon as the analyst completes an analysis under subsection

(4)(d) he shall give the Authority and the person in charge of the place,
premises, aircraft, vehicle, vessel or marine structure from which the sample
was obtained, or his employee or agent, a certificate of the results of the
analysis.

(6) The analyst may sign a certificate under subsection (5) even if a person
acting under his directions makes the analysis.

(7) A certificate purporting to be signed by the analyst is presumed, in the
absence of contrary evidence, to have been signed by him.

(8) If there is a dispute over the results of an analysis conducted on a
sample, a court or magistrate may order the Authority to have the third part
of the sample analysed as the court or magistrate sees fit.

(9) The Authority may dispose of a sample after a prosecution has been
completed or where he has decided not to proceed with a prosecution.

(10) The Chief Executive may, by notice published in the Gazette, appoint a
person to be an analyst for the purposes of this section. (Amended 34 of 2000
s. 3) (Enacted 1995)