【法规名称】
【法规编号】 79208 什么是编号？
【正 文】
第12页 CAP 400 NOISE CONTROL ORDINANCE
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[接上页] (2) A person does not commit an offence under subsection (1) if he discloses or gives any information to another person- (a) for the purpose of the discharge of his functions under this Ordinance and proceedings connected therewith; (b) pursuant to an order of a court under subsection (3); or (c) with the consent in writing of all such persons as appear to him, after reasonable enquiry, to be interested in the confidentiality of the information.(3) Where in any proceedings a court considers that the justice of the case so requires, the court may order the disclosure or giving of any information referred to in subsection (1). (4) A person who commits an offence under subsection (1) is liable to a fine of $20000 and to imprisonment for 6 months. (Amended 2 of 1994 s. 9) (Enacted 1988) Cap 400 s 28A Liability of directors (1) Subject to section 28B, where an offence under this Ordinance has been committed by a body corporate, any person who at the time of the offence was— (a) a director concerned in the management of the body corporate; (b) a director who has delegated his authority for the management of the body corporate to an officer; (c) an officer mentioned in paragraph (b); or (d) an officer— (i) concerned in the management of the body corporate; and (ii) acting under the immediate authority of a director of the body corporate,shall be guilty of the like offence. (2) For the purpose of subsection (1), “body corporate” (法团) means any company, or other body corporate, incorporated in Hong Kong or elsewhere, but does not include any corporation registered under the Building Management Ordinance (Cap 344). (3) It is a defence to a charge brought under any provision of this Ordinance (other than section 6(1)(a), (2)(a) or (3)(a)) for a person charged under subsection (1) to prove that he took reasonable precautions and exercised due diligence to prevent the commission of the offence by the body corporate. (4) Without affecting the generality of subsection (3), a person establishes a defence under that subsection if he proves that he had— (a) established a proper system to prevent the commission of the offence concerned; and (b) ensured the effective operation of the system. (Added 19 of 2002 s. 2) Cap 400 s 28B Restrictions on application of section 28A(1) (1) Section 28A(1) shall not apply to a specified person in relation to a specified offence unless— (a) proceedings have been instituted against the specified body corporate for an offence under this Ordinance in relation to a specified place (and whether or not the specified body corporate is convicted of that offence); (b) the Authority has, in relation to those proceedings, served on the specified person a notice in the form specified in the Schedule; and (c) the specified offence— (i) relates to that specified place; and (ii) occurs after the date on which that notice is served on the specified person but before the 2nd anniversary of that date.(2) The Authority may, by notice published in the Gazette, amend the Schedule. (3) In this section— “proceedings have been instituted” (法律程序已经提出), in relation to an offence under this Ordinance, means a complaint or information in respect of the offence has been made or laid, as the case may be; “specified body corporate” (指明法团), in relation to a specified person, means a body corporate mentioned in section 28A(2) in respect of which the specified person is such a specified person; “specified offence” (指明罪行) means a like offence mentioned in section 28A(1); “specified person” (指明的人) means a director mentioned in section 28A(1)(a) or (b) or an officer mentioned in section 28A(1)(c) or (d ); “specified place” (指明地方) means— (a) any domestic premises, public place or construction site; or (b) any place other than any domestic premises, public place or construction site.(4) For the avoidance of doubt, it is hereby declared that the Authority has the power to serve the notice referred to in subsection (1)(b). (Added 19 of 2002 s. 2) Cap 400 s 28C Codes of practice (1) The Authority may issue codes of practice containing such practical guidance as he thinks fit for the purpose of providing industries with good management practice in respect of section 28A(3). (2) The Authority may from time to time revise the whole or any part of any code of practice issued under subsection (1) by revoking, varying or adding to its provisions or requirements. (3) A code of practice or any revision to a code of practice shall be published in the Gazette. (4) A code of practice or any revision to a code of practice commences at the beginning of the day on which it is published. (Added 19 of 2002 s. 2) Cap 400 s 29 Protection of Crown and public officers (1) A public officer shall not be personally liable in respect of any act or omission of his if it was done or made by him in the honest belief that it was required or authorized in the discharge of any of his functions under this Ordinance. |
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