【法规名称】
【法规编号】 79739 什么是编号？
【正 文】
第2页 CAP 463 SEWAGE SERVICES ORDINANCE
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[接上页] (5) If a consumer or agent does not pay the deposit within the time specified for payment in the notice requiring payment of the deposit, the Drainage Authority may notify the Water Authority that payment has not been received and, on being so notified, the Water Authority may exercise his powers under section 19(2) of the Waterworks Ordinance (Cap 102) as though the deposit were a deposit for which payment was not made under that Ordinance. (6) A deposit paid under this section- (a) shall not bear interest; (b) shall not be transferable; and (c) may, without prejudice to the exercise of any other power under this Ordinance, be applied by the Drainage Authority at any time to the payment of any trade effluent surcharge.(7) Subject to subsection (6)(c), the Drainage Authority shall refund a deposit to a consumer or agent if- (a) another consumer or agent is approved by the Water Authority in his place; (b) an undertaking given by the consumer or agent under section 7 of the Waterworks Ordinance (Cap 102) in respect of paying charges under that Ordinance is cancelled by the Water Authority; or (c) the Drainage Authority is of the opinion that the deposit is no longer required.(8) Where a consumer has been paying a trade effluent surcharge based on being in a particular category as prescribed by the regulations and he subsequently changes his trade, business or manufacture to which the trade effluent surcharge relates such that he would be in a different category as prescribed under the regulations, he shall as soon as practicable on changing such trade, business or manufacture notify the Drainage Authority of the change giving details of the change sufficient for the Drainage Authority to identify the change in category for the purposes of calculating the trade effluent surcharge that would be payable. (9) A person who fails to notify the Drainage Authority of a change as required under subsection (8) commits an offence and is liable on conviction to a fine at level 6. (Enacted 1994) Cap 463 s 5 Liability for sewage charges and trade effluent surcharges A consumer or agent, as the case may be, who is liable to pay sewage charges under section 3 or trade effluent surcharges under section 4, as the case may be, shall remain liable until- (a) another consumer or agent is approved by the Water Authority in his place; or (b) an undertaking given by the consumer or agent under section 7 of the Waterworks Ordinance (Cap 102) in respect of paying charges under that Ordinance is cancelled by the Water Authority,notwithstanding that- (i) he ceases to occupy the premises; (ii) he ceases to be responsible for the management of the premises or any part thereof; or (iii) the Water Authority exercises any power under section 8, 9, 10 or 19(2) of the Waterworks Ordinance (Cap 102). (Enacted 1994) Cap 463 s 6 Unpaid trade effluent surcharges (1) A trade effluent surcharge which is not paid shall be a debt due to the Government. (2) Where a trade effluent surcharge is not paid on or before the date specified in a notice of demand, a penalty on the unpaid trade effluent surcharge may be levied in accordance with regulations made under this Ordinance. (Enacted 1994) Cap 463 s 7 Recovery of charges arising from false statements or withholding information Where a consumer- (a) fails to supply required information; (b) fails to notify the Drainage Authority as required under section 4(8); (c) supplies information which he knew or ought reasonably to have known was false in a material particular,he shall be liable for any sewage charges or trade effluent surcharges not paid as a result of such action and the unpaid sewage charges or trade effluent surcharges may be recovered as a debt due to the Government. (Enacted 1994) Cap 463 s 8 Presumptions and evidence in writing (1) In any civil proceedings a document, purporting to be signed by the Drainage Authority, stating in the case of proceedings for the recovery of an unpaid trade effluent surcharge- (a) the name of the person liable to pay the trade effluent surcharge; (b) the amount of the trade effluent surcharge; (c) the nature and other particulars of the trade effluent surcharge; and (d) that the trade effluent surcharge remains unpaid,shall be admitted in evidence without further proof. (2) On the production of a document mentioned in 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 the Drainage Authority; (ii) that the facts stated 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 therein; and(b) the document shall be evidence of all other matters contained therein.(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 thereof. |
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