【法规名称】
【法规编号】 79130 什么是编号？
【正 文】
第9页 CAP 499 ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
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[接上页] (3) The Director shall serve a copy of his certificate on each person who is liable to pay costs. (4) Annual interest at the rate of 10% commencing 1 month after the date of service of the certificate is recoverable as part of the costs. (5) Payment of costs by any person is without prejudice to his right to recover the payment from any other person who is liable to pay for the costs. (6) Costs certified by the Director are recoverable as a civil debt due to the Government. (7) A writ of summons initiating an action to recover costs as a civil debt due to the Government is presumed to have been served if the court is satisfied that the writ was left at the defendant's residence or place of business or, if those are not known, that it was left at the building or land for which the claim is made. (8) A certificate purporting to be signed by the Director under subsection (1) is on its production admissible in any proceedings without further proof. The certificate is presumed, in the absence of evidence to the contrary, to be proof of the signature of the Director and of the facts certified in relation to the costs due from the person sued. (9) At any time before the costs have been wholly recovered, a copy of the certificate referred to in subsection (1) may be registered under the Land Registration Ordinance (Cap 128) against the land or premises for which the costs arose, and the copy so registered constitutes a legal charge as defined in the Conveyancing and Property Ordinance (Cap 219). (10) On the recovery of all of the costs certified under this section the Director shall, if there has been a registration against land or premises under subsection (9), register under the Land Registration Ordinance (Cap 128) a certificate of satisfaction against the land or premises. Cap 499 s 26 Offences relating to environmental permit PART VIII OFFENCES (1) A person who contravenes section 9 commits an offence and is liable- (a) on a first conviction on indictment to a fine of $2000000 and to imprisonment for 6 months; (b) on a second or subsequent conviction on indictment to a fine of $5000000 and to imprisonment for 2 years; (c) on a first summary conviction to a fine at level 6 and to imprisonment for 6 months; (d) on a second or subsequent summary conviction to a fine of $1000000 and to imprisonment for 1 year,and in any case where the offence is of a continuing nature, the court or magistrate may impose a fine of $10000 for each day on which he is satisfied the offence continued. (2) A person does not commit an offence under subsection (1) if he carries out an action in response to an emergency and in the interests of public safety or public health. (3) A person does not commit an offence under subsection (1) arising out of a breach of conditions of an environmental permit as set out in section 9(1)(b) if he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity. (4) A person for whom a project is constructed, operated or decommissioned and who permits the carrying out of the project contrary to section 9 commits an offence and is liable- (a) on a first conviction on indictment to a fine of $2000000 and to imprisonment for 6 months; (b) on a second or subsequent conviction on indictment to a fine of $5000000 and to imprisonment for 2 years; (c) on a first summary conviction to a fine at level 6 and to imprisonment for 6 months; (d) on a second or subsequent summary conviction to a fine of $1000000 and to imprisonment for 1 year,and in any case where the offence is of a continuing nature, the court or magistrate may impose a fine of $10000 for each day on which he is satisfied the offence continued. (5) A person does not commit an offence under subsection (4) if he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity. (6) A person who either alone or with an associated person, separates contiguous projects, which, if taken individually, do not meet the specified levels in Schedule 2 or 3 to qualify as a designated project but which collectively qualify as a designated project, to avoid the purposes of this Ordinance is taken to have contravened subsection (4) if he permits the carrying out of any part of any of the contiguous projects without first applying to the Director under section 4(5). (7) In proceedings for an offence under this section, the prosecution does not have to prove that the acts or omissions in question were accompained by any intention, knowledge or negligence on the part of the defendant as any element of the offence. Cap 499 s 27 Offences in relation to enforcement A person who- (a) wilfully resists, obstructs or delays any public officer in the exercise of a power conferred by section 23 which he is authorized to exercise; |
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