【法规名称】
【法规编号】 79140 什么是编号？
【正 文】
第8页 CAP 466 DUMPING AT SEA ORDINANCE
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[接上页] (6) A person who fails to comply with a marine pollution abatement notice served on him under section 12 commits an offence and is liable on conviction- (a) if he fails to cease the operation as specified in the marine pollution abatement notice, to a fine of $200000 and to imprisonment for 6 months and a further fine of $10000 for each day that the court is satisfied that the failure to cease the operation has continued; and (b) in any other case, to a fine of $200000 and to imprisonment for 6 months.(7) A person who- (a) intentionally obstructs the Authority or an authorized officer in the performance of his functions under this Ordinance; (b) fails without reasonable excuse to comply with a requirement made or direction given by the Authority or an authorized officer in the performance of his functions under this Ordinance; or (c) in purporting to give information required by the Authority or an authorized officer for the performance of his functions under this Ordinance- (i) makes a statement which the person knows to be false in a material particular; (ii) recklessly makes a statement which is false in a material particular; or (iii) 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. (8) Where a body corporate commits an offence under this Ordinance and the offence was committed with the consent of, or is attributable to the neglect of, an officer of the body corporate or a person concerned in the management of the body corporate, the officer or other person as well as the body corporate commits the offence and is liable on conviction to the penalty provided. (9) Where the affairs of a body corporate are managed by its members, subsection (8) applies to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate. (10) Where a firm commits an offence under this Ordinance and the offence was committed with the consent of, or is attributable to the neglect of a partner in the firm or a person concerned in the management of the firm, the partner or the person as well as the firm commits the offence and is liable on conviction to the penalty provided. (Enacted 1995) Cap 466 s 26 Defence of due diligence, etc. (1) A person charged with an offence under this Ordinance has a defence if he proves that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence. (2) Without limiting the general nature of subsection (1), a person establishes the defence under that subsection if he proves- (a) he acted under instructions from his employer; or (b) he relied on information supplied by another person without reason to believe that the information was false or misleading,and in either case that he took all steps reasonably open to him to ensure that an offence would not be committed. (3) If a person wishes to rely on a defence involving an allegation- (a) that the commission of the offence was due to an act by or omission of another person (other than acting on the instructions of his employer); or (b) that he relied on information supplied by another person,he is not entitled, without leave of the court, to rely on the defence unless 7 clear days before the hearing, he has served on the prosecutor a notice giving all information he then had that identifies or assists in identifying the other person. (Enacted 1995) Cap 466 s 27 When appeal is to be brought PART VIII APPEALS (1) A person who is aggrieved by a decision or direction of the Authority, an authorized officer or a public officer under the following provisions may appeal to the Appeal Board- (a) section 7 (designation of a marine dumping area); (b) section 10 (issue of a permit); (c) section 12 (issue of a marine pollution abatement notice); (d) section 23 (taking remedial action).(2) If an aggrieved person wishes to appeal under subsection (1), he shall do so within 21 days after he receives the notice of the decision. (3) Where a person appeals under subsection (1)(c) or (d), the notice or decision appealed from is suspended from the day on which notice of appeal is given and until the appeal is disposed of, withdrawn or abandoned, unless- (a) the Authority considers the notice or decision essential as the continuation of the activities would cause a danger to public health or be seriously detrimental to the amenities of the area affected by the activities; and (b) the notice or decision contains a statement to that effect. (Enacted 1995) Cap 466 s 28 Constitution of Appeal Board panel (1) The Chief Executive may appoint a person who is qualified for appointment as a District Judge under section 5 of the District Court Ordinance (Cap 336) and who is not a public officer as Chairman to sit on all Appeal Boards. (Amended 34 of 2000 s. 3) (2) The term of appointment for the Chairman is not more than 3 years and he may be reappointed. |
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