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[接上页] (b) fails without reasonable excuse to comply with a requirement duly made by a public officer in the exercise of a power under section 23 which he is authorized to exercise; (c) in compliance or purported compliance with a requirement of a public officer under Part VII produces a drawing, record or document which he knows to be incorrect or inaccurate in a material respect or does not believe to be correct or accurate; or (d) wilfully or recklessly gives information which is incorrect in a material respect or withholds information as to any of the matters for which information is required to be given under Part VII,commits an offence and is liable on conviction to a fine at level 5. Cap 499 s 28 Offence to disclose confidential information obtained officially (1) A person who, except in the circumstances set out in subsection (2), discloses or gives to another person any information that concerns a trade, business or profession, and has come to his knowledge or into his possession in the course of the discharge of his functions under this Ordinance commits an offence. (2) A person does not commit an offence under subsection (1) if he discloses or gives the information to another person- (a) to discharge his functions under this Ordinance or in connected proceedings; (b) under an order of a court under subsection (3); or (c) with the consent in writing of all persons who appear to him, after reasonable inquiry, to be interested in the confidentiality of the information.(3) Where in proceedings a court considers that the justice of the case requires, the court may order the disclosure of information referred to in subsection (1). (4) A person who commits an offence under subsection (1) is liable on conviction to a fine at level 4 and to imprisonment for 6 months. Cap 499 s 29 Directors of body corporate liable in certain circumstances (1) Where a person convicted of an offence under this Ordinance is a body corporate and it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect or omission on the part of, a director, manager, secretary or other person concerned in the management of the body corporate, the director, manager, secretary or other person also commits the offence. (2) Where a person convicted of an offence under this Ordinance is a partner in a partnership and it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect or omission on the part of, any other partner or any person concerned in the management of the partnership, the partner or the person concerned in the management also commits the offence. Cap 499 s 30 Exemptions Remarks: Adaptation amendments retroactively made - see 34 of 2000 s. 3 PART IX MISCELLANEOUS (1) The Chief Executive in Council may, in the public interest, exempt a project from the provisions of this Ordinance by an order published in the Gazette. (2) The Chief Executive in Council may make the order- (a) subject to conditions and limitations; (b) have effect for a period of time; and (c) be partial in operation with respect to the project or to specified provisions of this Ordinance.(3) A person who breaches a condition or requirement imposed under an exemption order is deemed to have breached an environmental permit and is subject to the provisions of this Ordinance that apply to the breach of an environmental permit. (Amended 34 of 2000 s. 3) Cap 499 s 31 Protection of Government and public officers (1) A public officer is not personally liable for an act or omission of his if he did it in the honest belief that the act or omission was required or authorized to discharge his functions under this Ordinance. (2) The protection given to a public officer by subsection (1) for an act or omission does not in any way affect any liability of the Government in tort for the act or omission. Cap 499 s 32 Regulations (1) The Secretary may, after consultation with the Advisory Council on the Environment, by regulation- (a) prescribe anything required or permitted to be prescribed under this Ordinance; (b) prescribe the minimum qualifications and experience of persons undertaking environmental impact assessment studies; (c) regulate appeals under Part VI and the practice and procedure of the Appeal Board; (d) generally, provide for the better carrying into effect of the provisions and purposes of this Ordinance.(2) A regulation for the payment of fees may provide for different fees to be charged according to different circumstances. Cap 499 s 33 Power of Director to set forms (1) The Director may set the form of a document required under this Ordinance. (2) The Director's power under subsection (1) is subject to any express requirement under this Ordinance for a form to comply with the requirement. (3) The Director may include in a form a statutory declaration to be made by the person completing the form confirming that the particulars contained in the form are correct to the best of the person's knowledge. |