【法规名称】
【法规编号】 79208 什么是编号？
【正 文】
第13页 CAP 400 NOISE CONTROL ORDINANCE
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[接上页] (2) The protection conferred on public officers by subsection (1) in respect of any act or omission shall not in any way affect any liability of the Crown in tort for that act or omission. (Enacted 1988) Cap 400 s 30 Advisory Council on the Environment If any question arises as to who are the body of persons for the time being constituting the Advisory Council on the Environment, the matter shall be referred to the Chief Secretary for Administration who shall determine the question by certificate under his hand. (Enacted 1988. Amended L.N. 57 of 1994; L.N. 362 of 1997) Cap 400 s 31 Limit of time for laying information, etc. A complaint or information in respect of an offence against this Ordinance shall be made or laid, as the case may be, within- (a) 6 months from the time the matter of such complaint or information respectively first came to the knowledge of the Authority or an authorized officer; or (b) 1 year from the time of the commission of the offence,whichever is the earlier. (Enacted 1988) Cap 400 s 32 Prosecution of offences (1) Subject to this section, proceedings for offences against this Ordinance may be instituted in the name of the Authority, and may be commenced and conducted by a public officer appointed under section 13 of the Magistrates Ordinance (Cap 227). (2) Nothing in this section shall be deemed to derogate from the powers of the Secretary for Justice in relation to the prosecution of offences. (Amended L.N. 362 of 1997) (Enacted 1988) Cap 400 s 33 Defence to proceedings under section 4, 5, 6, 7, 13 or 17 In any proceedings for an offence under section 4, 5, 6, 7, 13 or 17, it shall be a defence to show that the circumstances constituting or leading to the commission of the offence arose- (a) by reason of the fact of any authorization under any licence, permit or exemption granted under any other Ordinance; (b) in pursuance of the purpose of the prevention of injury to any person or the saving of the life of any person; (c) in pursuance of the purpose of the prevention of damage to property where the circumstances placing the property in danger of being damaged could not reasonably have been foreseen by the person charged with the offence; or (d) in pursuance of the purpose of the prevention of serious interruption or disruption to any public transport system where the circumstances which would otherwise cause such an interruption or disruption could not reasonably have been foreseen by the person charged with the offence. (Enacted 1988) Cap 400 s 34 Proof of permit, etc. For the purposes of any proceedings under this Ordinance a document purporting to be a copy of any permit or notice issued under this Ordinance and of any conditions to which the permit or notice is subject and purporting to be certified by the Authority to be a true copy, shall be received in evidence on its production without further proof and, until the contrary is proved, it shall be presumed that- (a) the document is a true copy of the permit or notice; (b) the document was certified by the Authority; and (c) the permit or notice was issued in respect of the place stated in the document to the person stated in the document and is subject to those conditions. (Enacted 1988) Cap 400 s 35 Exemptions from provisions of the Ordinance (1) The Governor in Council may by order published in the Gazette exempt any area, place, premises or activity from all or any of the provisions of this Ordinance. (2) An order under subsection (1) may- (a) be made subject to such conditions or limitations; (b) have effect for such period of time; or (c) have such partial operation,as may be specified in the order. (3) Notwithstanding this section, where conditions or limitations are attached to an order made under this section, a person who contravenes such a condition or limitation commits an offence and shall be liable- (a) on first conviction to a fine of $50000; (b) on second or subsequent conviction, to a fine of $100000,and in any case to a fine of $10000 for each day during which the offence c |
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