【法规名称】
【法规编号】 79140 什么是编号？
【正 文】
第7页 CAP 466 DUMPING AT SEA ORDINANCE
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[接上页] (4) An authorized officer who has a sample of a substance or article for analysis, or a person required to test or analyse a substance or article under subsection (1)(c), shall- (a) divide it into 3 approximately equal parts; (b) place each part in a separate container and suitably mark or label each container; (c) ensure that the person in charge of the place, premises, aircraft, vehicle, vessel or marine structure from which the sample is obtained, or his employee or agent- (i) is handed one of the parts as that person or his employee or agent may select or, if that is not reasonably practicable, is handed or sent by post one of the parts as the authorized officer may select; and (ii) is informed that one of the other 2 parts is intended to be submitted to an analyst for analysis; and(d) submit one of the other 2 parts to an analyst for analysis and retain the remaining part.(5) As soon as the analyst completes an analysis under subsection (4)(d) he shall give the Authority and the person in charge of the place, premises, aircraft, vehicle, vessel or marine structure from which the sample was obtained, or his employee or agent, a certificate of the results of the analysis. (6) The analyst may sign a certificate under subsection (5) even if a person acting under his directions makes the analysis. (7) A certificate purporting to be signed by the analyst is presumed, in the absence of contrary evidence, to have been signed by him. (8) If there is a dispute over the results of an analysis conducted on a sample, a court or magistrate may order the Authority to have the third part of the sample analysed as the court or magistrate sees fit. (9) The Authority may dispose of a sample after a prosecution has been completed or where he has decided not to proceed with a prosecution. (10) The Chief Executive may, by notice published in the Gazette, appoint a person to be an analyst for the purposes of this section. (Amended 34 of 2000 s. 3) (Enacted 1995) Cap 466 s 25 Offences (1) A person who- (a) except under and in accordance with a permit, does anything for which a permit is needed; or (b) except under and in accordance with a permit, causes or allows another person to do anything for which a permit is needed,commits an offence and is liable on conviction- (i) on a first conviction to a fine of $200000 and to imprisonment for 6 months; (ii) on a second or subsequent conviction to a fine of $500000 and to imprisonment for 2 years; and (iii) in both paragraphs (i) and (ii), to a further fine of $10000 for each day that the court is satisfied that the operation has continued.(2) A person who, to procure the issue of a permit- (a) makes a statement which he knows to be false in a material particular; (b) recklessly makes a statement which is false in a material particular; or (c) intentionally fails to disclose a material particular,commits an offence and is liable on conviction to a fine of $200000 and to imprisonment for 6 months. (3) A person who, in purporting to comply with a condition imposed on him under a permit- (a) makes a statement which he knows to be false in a material particular; (b) recklessly makes a statement which is false in a material particular; or (c) intentionally fails to disclose a material particular,commits an offence and is liable on conviction to a fine of $200000 and to imprisonment for 6 months. (4) A person charged with an offence under subsection (1) has a defence if he proves- (a) that the operation was reasonably carried out to secure the safety of an aircraft, vessel or marine structure or to save life; (b) that the necessity for the operation was not due to his fault; and (c) that he took steps within a reasonable time to inform the Authority- (i) of the operation; (ii) of the locality and circumstances in which it took place; and (iii) of the substances or articles concerned.(5) A person charged with an offence under subsection (1) for an operation which was carried out outside the waters of Hong Kong has a defence if he proves that- (a) for an operation falling within section 8(1)(b), the aircraft, vessel, marine structure or container (as the case may be) was loaded in a Convention State or in the national or territorial waters of a Convention State with the substances or articles dumped; (b) for an operation falling within section 8(1)(c)(ii), the vessel scuttled was towed or propelled from a Convention State or from the national or territorial waters of a Convention State to the place where the scuttling was carried out; or (c) for an operation falling within section 9(1)(b)(ii), the vessel or marine structure on which the incineration took place was loaded in a Convention State or in the national or territorial waters of a Convention State with the substances or articles incinerated,and the operation took place under a permit or licence issued by the responsible authority in a Convention State and in accordance with the permit or licence. |
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