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【法规名称】 
【法规编号】 79140  什么是编号?
【正  文】

CAP 466 DUMPING AT SEA ORDINANCE

 
  An Ordinance to control the disposal of substances and articles at sea and the dumping of substances and articles in the sea and under the sea-bed, and for connected purposes.
  
  (Enacted 1995)
  
  [The Ordinance (other than Part V)]
  
  1 April 1995]
  
  L.N. 131 of 1995
  
  (Originally 18 of 1995)
  
  Cap 466 s 1 Short title and commencement
  
  PART I
  
  PRELIMINARY
  
  (1) This Ordinance may be cited as the Dumping at Sea Ordinance.
  
  (2) This Ordinance comes into operation on a day the Secretary for the Environment, Transport and Works appoints by notice in the Gazette. (Amended L.N. 183 of 2000; L.N. 106 of 2002)
  
  (Enacted 1995)
  
  Cap 466 s 2 Interpretation
  
  Remarks:
  
  Adaptation amendments retroactively made - see 34 of 2000 s. 3
  
  In this Ordinance, unless the context otherwise requires-
  
  "Appeal Board" (上诉委员会) means an appeal board constituted under Part VIII;
  
  "Authority" (监督) means the authority designated under section 4;
  
  "authorized officer" (获授权人员) means a person appointed as an authorized officer under section 5;
  
  "Chairman" (主席) means the chairman appointed under section 28(1);
  
  "commander" (机长), in relation to an aircraft, means the member of the flight crew designated as commander of that aircraft by the operator, or, if no person is designated, the person who is the pilot in command of the aircraft;
  
  "container" (盛器) includes a box, barrel, drum or other receptacle;
  
  "Convention State" (公约国) means a state which is a party to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter concluded at London in December 1972;
  
  "dumping" (倾倒) means-
  
  (a) a deliberate disposal, including an emission or discharge, at sea of substances or articles from an aircraft, vessel or marine structure; and
  
  (b) a deliberate disposal at sea of an aircraft, vessel or marine structure,but does not include dumping that is incidental to the operation of an aircraft, vessel or marine structure other than of substances or articles transported to or by an aircraft, vessel or marine structure for dumping or treatment prior to dumping;"dumping operator" (倾倒操作人) means a person who dumps substances or articles, or scuttles a vessel, aircraft or marine structure, for another person;
  
  "Hong Kong aircraft" (香港飞机) means an aircraft registered in Hong Kong;
  
  "Hong Kong marine structure" (香港海事构筑物) means a marine structure owned by or leased to an individual residing in Hong Kong or a body corporate incorporated under the law of Hong Kong;
  
  "Hong Kong vessel" (香港船只) means a vessel registered in Hong Kong under the Merchant Shipping (Registration) Ordinance (Cap 415) or required to be licensed under the Shipping and Port Control Ordinance (Cap 313);
  
  "incineration" (焚化) means the combustion of substances and articles for the purpose of their thermal destruction;
  
  "marine pollution abatement notice" (减除海洋污染通知书) means a marine pollution abatement notice served under section 12;
  
  "marine structure" (海事构筑物) means a platform or other man-made structure at sea other than a pipeline;
  
  "master" (船长), in relation to a vessel, includes the person for the time being in charge of the vessel;
  
  "permit" (许可证) means a permit issued under this Ordinance;
  
  "sea" (海、海域) includes an area submerged at mean high water springs and also includes, so far as the tide flows at mean high water springs, an estuary or arm of the sea and the waters of a channel, creek, bay or river;
  
  "Secretary" (局长) means the secretary designated under section 4; (Amended 78 of 1999 s. 7; 34 of 2000 s. 3)
  
  "technical memorandum" (技术备忘录) includes an amendment to a technical memorandum;
  
  "vessel" (船只) includes-
  
  (a) a ship, junk, boat, dynamically supported craft, seaplane, or other description of vessel used in navigation; and
  
  (b) any other description of vessel in Hong Kong or in the waters of Hong Kong not used in navigation or not constructed or adapted for use in navigation;"waste producer" (废物产生者) means the person who undertakes an activity that produces a substance or article that he disposes of or proposes to dispose of by dumping.
  
  (Enacted 1995)
  
  Cap 466 s 3 Application to Government
  
  (1) This Ordinance binds the Government.
  
  (2) If the Authority considers that a public officer, in carrying out his duties in the service of the Government, has done, or omitted to do, something that contravenes this Ordinance, the Authority shall, if the act or omission is not immediately terminated to his satisfaction, report the matter to the Chief Secretary for Administration.
  
  (3) On receiving a report, the Chief Secretary for Administration shall inquire into the matter and, if his inquiry shows that a public officer is continuing to contravene this Ordinance or is likely to contravene the Ordinance again, the Chief Secretary for Administration shall ensure that the best practicable steps are taken to stop the contravention or avoid the recurrence.
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