Hong Kong Regulations

WASTE DISPOSAL (DESIGNATED WASTE DISPOSAL FACILITY) REGULATION - SECT 4

Powers of Director

(Past version on 20/01/2006).
(Past version on 30/06/1997).

(1) The Director may, for the purpose of-

   (a)  regulating traffic within, entering or leaving any designated 
        waste disposal facility;

   (b)  ensuring safety to all personnel present at any designated 
        waste disposal facility;

   (c)  avoiding any nuisance or any danger to health or the environment
        arising from the carrying on of any activity in any designated 
        waste disposal facility;

   (d)  preventing disruption to the operation of any designated waste 
        disposal facility or the carrying out of any relevant activity in the
        designated waste disposal facility;

   (e)  preventing or deterring the commission of any offence against the
        Ordinance in or in relation to any designated waste disposal facility;

   (f)  detecting the commission of any offence against the Ordinance in or in
        relation to any designated waste disposal facility; or

   (g)  deterring the evasion of charges payable under the Ordinance by any
        person in connection with any relevant activity in any designated 
        waste disposal facility, exercise any of the powers specified in
        subsection (2).

(2) The powers specified for the purpose of subsection (1) are-

   (a)  the power to order or signal the driver of a vehicle within or
        entering or leaving a designated waste disposal facility-

        (i)    to stop the vehicle immediately;

        (ii)   to proceed to any place or to park the vehicle at any location
               within the facility; or

        (iii)  to leave the facility;

   (aa) the power to order or signal the master of a vessel within or entering
        or leaving a designated waste disposal facility-

        (i)    to stop the vessel immediately;

        (ii)   to move the vessel to or moor it at any place within the
               facility; or

        (iii)  to leave the facility; (L.N. 165 of 2004)

   (b)  if there are reasonable grounds for believing it to be necessary for
        any purpose specified in subsection (1), the power-

        (i)    to require the driver of a vehicle within a designated waste 
               disposal facility or stopped by the Director under paragraph
               (a)- (L.N. 165 of 2004) (A) to produce his driving licence for
               examination; (B) to give the name and address of the registered
               owner of the vehicle; (C) to provide such information as is
               within the driver's knowledge concerning waste being carried on
               the vehicle;

(ia) to require the master of a vessel within a designated waste 
disposal facility or stopped by the Director under paragraph (aa)- (A) to
produce the licence issued by the Director of Marine in respect of the vessel
under section 15 or 19 of the Merchant Shipping 
(Local Vessels) (Certification and Licensing) Regulation ( Cap 548 sub. leg.
D) for examination; (24 of 2005 s. 55) (B) to give the name and address of the
registered owner of the vessel; (C) to provide such information as is within
the master's knowledge concerning the waste being carried on the vessel; (L.N.
165 of 2004)

        (ii)   to enter, examine and search the vehicle referred to in
               subparagraph (i) or the vessel referred to in subparagraph (ia)
               and any thing in or on that vehicle or vessel, and to take from
               it and retain samples of any materials having the appearance of
               waste; (L.N. 165 of 2004)

        (iii)  to require any person found in or on that vehicle or vessel to
               give his name and address and to produce any document in his
               possession which is or contains evidence of his name and
               address; (L.N. 165 of 2004)

   (c)  where any vehicle, vessel or thing is causing disruption to the
        operation of any designated waste disposal facility or is otherwise
        likely to render the use of the facility unsafe, the power to take all
        reasonable steps, at the owner's expense, to remove the vehicle,
        vessel or thing or cause it to be removed to any place, including any
        road, that the Director may think fit and where necessary in the
        opinion of the Director, to provide for its safe custody; (L.N. 165 of
        2004)

   (d)  where any person has failed to pay any charge under the Ordinance in
        full as required in any invoice, demand note, bill or the like issued
        by the Director or any person appointed by the Director to collect
        such charge, but subject to subsection (3), the power to suspend the
        provision to that person of the services provided at any designated 
        waste disposal facility.

(3) The power conferred under subsection (2)(d) shall not be exercised in a
particular case unless-

   (a)  a notice issued by the Director for the purposes of this subsection
        specifying a period within which the charge shall be paid has been
        served on the person personally or by post; and

   (b)  the person has failed to pay the charge or any part of the charge
        within the period so specified.

(4) The Director may in writing authorize-

   (a)  any designated officer to exercise the powers and perform the duties
        conferred or imposed on the Director under subsection (2)(a) to

   (d)  ;

   (b)  any facility operator to exercise the powers and perform the duties
        conferred or imposed on the Director under subsection (2)(c) or

   (d)  .

(4A) The Director or an authorized officer may also exercise the following
powers-

   (a)  refuse to accept any waste at a designated waste disposal  facility in
        such circumstances as the Director thinks fit;

   (b)  subject to subsection (4B), require any person who delivers any waste
        to a designated waste disposal facility to state the nature of the
        waste and give such other information as the Director considers
        necessary to determine whether or not to accept the waste at that
        facility;

   (c)  close temporarily a designated waste disposal facility or any part of
        it for such period as the Director considers necessary by posting a
        notice of closure in such conspicuous places in the facility as the
        Director may determine. (L.N. 165 of 2004; L.N. 3 of 2005)

(4B) If a person delivering any waste to a designated waste  disposal facility
informs the Director that the waste is construction  waste, the Director shall
not require the person to state whether the construction waste falls within
any type specified in column 3 of Schedule 2. (L.N. 165 of 2004)

(5) Any person who without reasonable excuse fails to comply with an order,
requirement, direction, instruction or signal given under subsection (2) or
(4A), commits an offence and is liable to a fine at level 6. (L.N. 165 of
2004)