Hong Kong Regulations

WASTE DISPOSAL (LIVESTOCK WASTE) REGULATIONS - REGULATION 11

Defences

In any proceedings for an offence under this Part it shall be a defence for
the person charged-

   (a)  in the case of a failure to comply with regulation 8(2)-

        (i)    that the commission of the offence was due to the breakdown of
               a livestock waste treatment plant caused by circumstances
               beyond the control of that person;

        (ii)   that the breakdown was reported to the Director within a period
               of 48 hours; and

        (iii)  that the person charged or any other person under his control
               took all reasonable measures and exercised all due diligence to
               repair that plant and to bring it back into operation; or

   (b)  in any other case-

        (i)    that the commission of the offence was due to some cause beyond
               his control; and

        (ii)   that he took all reasonable precautions and exercised all due
               diligence to avoid the commission of such an offence by himself
               or any other person under his control. (Enacted 1988)