【法规名称】
【法规编号】 79346 什么是编号？
【正 文】
第10页 CAP 354 WASTE DISPOSAL ORDINANCE
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[接上页] (a) as to the packaging, labelling, handling, transport and disposal of the waste; (b) requiring the waste to be accompanied, from the commencement of the consignment to the point of disposal, by a movement document containing such information or particulars as the waste disposal authority may require; (c) requiring an applicant for a permit for the export of any waste to take back the waste when the consignment cannot be completed; and (d) requiring an applicant for a permit for the import of any waste to ensure that the disposer of the waste notifies in writing the exporter and the competent authority of the state of export of- (i) receipt by the disposer of the waste at the point of disposal or reuse of the waste; and (ii) the completion of disposal or reuse of the waste as proposed in the application for the permit, and to do so within a period specified in the direction.(2) A direction issued under this section shall for the purposes of this Part be deemed to form part of and be a condition of every permit issued under this Part subsequent to the coming into effect of the direction. (Added 14 of 1995 s. 3) Cap 354 s 20E Offences under this Part (1) A person who- (a) except under and in accordance with a permit issued under this Part, does anything for which such a permit is required; or (b) except under and in accordance with a permit issued under this Part, causes or allows another person to do anything for which such a permit is required,commits an offence and is liable- (i) for the first offence to a fine of $200000 and to imprisonment for 6 months; and (ii) for a second or subsequent offence to a fine of $500000 and to imprisonment for 2 years.(2) A person who, to procure the issue of a permit under this Part- (a) makes a statement which he knows to be false in a material particular; or (b) recklessly makes a statement which is false in a material particular,commits an offence and is liable to a fine of $200000 and to imprisonment for 6 months. (Added 14 of 1995 s. 3) Cap 354 s 20F Seizure and disposal of waste following conviction (1) Where a person is convicted of an offence under section 20E in respect of the import or export of any waste, the waste disposal authority may- (a) seize and dispose of the waste; or (b) by notice in writing require the convicted person, within a specified time- (i) in the case of a conviction in respect of the import of waste, to return the waste to the state of export, or to dispose of the waste in Hong Kong to the satisfaction of the waste disposal authority; or (ii) in the case of a conviction in respect of the export of waste, to take back the waste into Hong Kong, or, if that is not reasonably practicable, to dispose of the waste in an environmentally sound manner.(2) If any person fails to comply with a notice given under subsection (1)(b) he commits an offence and is liable to a fine of $200000 and to imprisonment for 6 months; and where a person is convicted of an offence under this subsection the waste disposal authority may, without further notice, seize and dispose of the waste. (3) Where the waste disposal authority seizes or disposes of any waste under subsection (1)(a) or (2), the importer or exporter of the waste, as the case may be, shall be liable to the waste disposal authority for his costs of such seizure and disposal, including the cost of any transportation and storage, and such costs shall be recoverable as a civil debt due to the waste disposal authority. (Added 14 of 1995 s. 3) Cap 354 s 20G Defence of due diligence, etc. (1) A person charged with an offence under this Part 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. (Amended L.N. 29 of 2004) (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. (Added 14 of 1995 s. 3) Cap 354 s 20H Amendment of the Sixth and Seventh Schedules The waste disposal authority may by notice published in the Gazette amend the Sixth and Seventh Schedules. (Added 14 of 1995 s. 3) Cap 354 s 20I Interpretation and application |
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