【法规名称】
【法规编号】 79316 什么是编号？
【正 文】
第4页 CAP 358 WATER POLLUTION CONTROL ORDINANCE
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[接上页] (1) Subject to section 12, a person commits an offence who discharges any matter into a communal sewer or communal drain in a water control zone other than- (a) a discharge of domestic sewage into a communal sewer or communal drain that- (i) is vested in and maintained by the Government as a sewer or drain for the carriage of foul water; (ii) conducts the discharge into a communal sewer or communal drain that is vested in and maintained by the Government as a sewer or drain for the carriage of foul water; or (iii) delivers the sewage to a wastewater treatment facility, the discharge from which is licensed; (Replaced 83 of 1993 s. 6)(aa) a discharge of domestic sewage into- (i) a communal sewer; or (ii) a communal drain, that has been designated by the Authority, by notice in the Gazette, as a communal sewer or communal drain for the carriage of foul water or surface drainage water; or (Added 67 of 1990 s. 5. Amended 83 of 1993 s. 6)(b) a discharge of unpolluted water into- (i) a communal sewer, or (ii) a communal drain, for the carriage of surface drainage water. (Amended 67 of 1990 s. 22)(2) Where any matter is, in contravention of subsection (1), discharged into a communal sewer or communal drain in a water control zone from any premises, then, subject to section 12, the occupier of the premises commits an offence, in addition to any other person who may be guilty of an offence under subsection (1). (Amended 67 of 1990 ss. 5 & 22) (3) In subsection (1)- "domestic sewage" (住宅污水) means waste of a kind and quantity that is generated by the domestic use of a toilet, watercloset, bath, shower, sink, basin or other sanitary fitment by a person residing in a household or while at a place of work but does not include- (a) the solid residue from a wastewater treatment facility; (b) the effluent from a wastewater treatment facility that uses electrical or mechanical equipment in its operation; or (c) waste that is generated by a food business that is subject to the Food Business Regulation (Cap 132 sub. leg.); (Replaced 83 of 1993 s. 6. Amended 78 of 1999 s. 7)"unpolluted water" (没有污染的水) means- (a) rain water from any part of a building, including any area appurtenant to a building; (b) water which does not contain any poisonous, noxious or polluting matter.(4) This section does not apply to- (a) (Replaced 67 of 1990 s. 5) (b) water used- (i) for firefighting purposes; (ii) in connection with an occurrence in which life or property is endangered; (iii) for the cleansing of streets, thoroughfares, and other areas. Cap 358 s 10 Mental ingredient of offences under sections 8 and 9 In any proceedings for an offence under section 8(1), 8(1A), 8(2), 9(1) or 9(2) in which it is alleged that the defendant caused matter to enter the waters of Hong Kong or inland waters or a communal sewer or communal drain or caused matter to be deposited as provided in section 2(3) it shall not be necessary for the prosecution to prove that the acts or omissions in question were accompanied by any intention, knowledge or negligence on the part of the defendant as to any element of the offence. (Amended 67 of 1990 s. 22) Cap 358 s 10A Liability of directors, etc. (1) Where a person convicted of an offence under this Ordinance is a body corporate and it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect or omission on the part of, any director, manager, secretary or other person concerned in the management of the body corporate, the director, manager, secretary or other person also commits the offence. (2) Where a person convicted of an offence under this Ordinance is a partner in a partnership and it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect or omission on the part of, any other partner or any person concerned in the management of the partnership, the partner or the person concerned in the management also commits the offence. (Added 67 of 1990 s. 6) Cap 358 s 11 Penalties (1) A person who commits an offence under section 8(1), 8(2), 9(1) or 9(2) is liable to imprisonment for 6 months and- (a) for a first offence, a fine of $200000; (b) for a second or subsequent offence, a fine of $400000,and in addition, if the offence is a continuing offence, to a fine of $10000 for each day during which it is proved to the satisfaction of the court that the offence has continued. (Amended 67 of 1990 ss. 7 & 22; 83 of 1993 s. 7) (2) A person who commits an offence under section 8(1A) or who commits an offence under section 9(1) or (2) by discharging any poisonous or noxious matter into a communal sewer or communal drain is liable to- (a) for a first offence, a fine of $400000 and imprisonment for 1 year; (b) for a second or subsequent offence, a fine of $1000000 and imprisonment for 2 years,and in addition, if the offence is a continuing offence, to a fine of $40000 for each day during which it is proved to the satisfaction of the court that the offence has continued. (Added 83 of 1993 s. 7) |
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