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[接上页] (a) a notice issued by the Director for the purposes of this subsection specifying a period within which the charge shall be paid has been served on the person personally or by post; and (b) the person has failed to pay the charge or any part of the charge within the period so specified.(4) The Director may in writing authorize- (a) any designated officer to exercise the powers and perform the duties conferred or imposed on the Director under subsection (2)(a) to (d); (b) any facility operator to exercise the powers and perform the duties conferred or imposed on the Director under subsection (2)(c) or (d).(5) Any person who without reasonable excuse fails to comply with an order, requirement, direction, instruction or signal given under subsection (2), commits an offence and is liable to a fine at level 6. Cap 354L s 5 Offence of causing disruption or disorder (1) Any person who intentionally causes disruption or disorder to the operation of a designated waste disposal facility commits an offence and is liable to a fine of $200000 and to imprisonment for 6 months. (2) A person charged with an offence in subsection (1) has a defence if he shows that he- (a) has reasonably complied with all orders, requirements, directions, instructions or signals given by the Director, the facility operator and any designated officer by virtue of section 4; and (b) has exercised all due diligence to avoid causing disruption or disorder to the operation of the designated waste disposal facility. Cap 354L s 6 Certificates of image recording and printing devices (1) A document in such form as may be specified by the Director purporting- (a) to be a record of the testing of the functioning, inspection or servicing of an image recording device, with or without any associated image printing device, used for the purpose of recording and, where appropriate, reproducing the images of vehicles within, entering or leaving a designated waste disposal facility, specified in the document; and (b) to be certified by a person authorized in this behalf by the Director,shall be admitted in any criminal or civil proceedings before any court on its production without further proof. (2) On the production of a document under subsection (1)- (a) the court before which it is produced shall, in the absence of evidence to the contrary, presume- (i) that it was signed at the time and place specified therein by a person authorized by the Director; (ii) that the facts stated in the document relating to the testing of the functioning, inspection or servicing of the image recording device and the associated image printing device, if any, specified in the document are true; and (iii) that the record of the facts stated in the document was made and compiled at the time stated in the document;(b) the document shall be evidence of all other matters contained in the document; and (c) the recording and print, if any, produced by using the image recording device and the associated image printing device, where appropriate, shall be evidence of all matters contained in the document.(3) Where any document is produced and admitted as evidence under subsection (1), the court may, if it thinks fit, on its own motion or on the application of any party to the proceedings, summon the person who signed the document and examine him as to the subject-matter of the document. Cap 354L s 7 Certificates as to photographic process (1) A document in such form as may be specified by the Director purporting to be signed by a person duly appointed under subsection (2) and purporting to be a certificate as to the processing of exposed film received and processed by him shall, together with the photographic prints or photographic enlargements referred to in the document, be admitted in evidence in any criminal or civil proceedings before any court on its production without further proof, and- (a) in the absence of evidence to the contrary, the court before which such document is produced shall presume that the signature to the document is genuine and that the person signing it was duly appointed under subsection (2) at the time when he signed it; and (b) such document shall be evidence of all matters contained in the document.(2) The Director may appoint in writing such persons as he thinks fit to carry out the processing of exposed film and to sign certificates under subsection (1) in relation to such processing. (3) Where any document is produced and admitted as evidence under subsection (1), the court may, if it thinks fit, on its own motion or on the application of any party to the proceedings, summon the person who signed the document and examine him as to the subject-matter of the document. Cap 354L s 8 Amendment of Schedule The Secretary for the Environment, Transport and Works may, by notice published in the Gazette, amend the Schedule. (78 of 1999 s. 7; L.N. 106 of 2002) Cap 354L SCHEDULE [sections 2 & 8] DESIGNATED WASTE DISPOSAL FACILITIES |