(Cap 354 section 33) [23 June 1997] L.N. 345 of 1997 (L.N. 197 of 1997) Cap 354L s 1 (Omitted as spent) (Omitted as spent) Cap 354L s 2 Interpretation (1) In this Regulation, unless the context otherwise requires- "authorized officer" (获授权人员) has the same meaning as in section 2(1) of the Ordinance; "designated officer" (指定人员) means any person appointed by the Director under section 3; "designated waste disposal facility" (指定废物处置设施) means any premises specified in column 2 of the Schedule; "facility operator" (设施经营人) means any person who has entered into an agreement with the Government for the operation or management of a designated waste disposal facility; "relevant activity" (有关活动) means the collection, removal, transportation, transfer, reception or disposal (including treatment, reprocessing or recycling) of waste. (2) For the purposes of this Regulation, the boundaries of a designated waste disposal facility shall be deemed to be those delineated in the drawing or plan specified in column 4 of the Schedule opposite the name of the facility in column 2 of the Schedule and held by the Director. Cap 354L s 3 Director may appoint designated officers (1) The Director may in writing appoint any public officer, any person employed by a facility operator, any contractor (other than a facility operator) or any person employed by such contractor to be a designated officer for the purposes of this Regulation. (2) In this section "contractor (other than a facility operator)" (承办商(设施经营人除外)) means any person, other than a facility operator, who has entered into an agreement with the Government or with any facility operator for the carrying out of any activity or the provision of any service in connection with the operation or management of a designated waste disposal facility. Cap 354L s 4 Powers of Director (1) The Director may, for the purpose of- (a) regulating traffic within, entering or leaving any designated waste disposal facility; (b) ensuring safety to all personnel present at any designated waste disposal facility; (c) avoiding any nuisance or any danger to health or the environment arising from the carrying on of any activity in any designated waste disposal facility; (d) preventing disruption to the operation of any designated waste disposal facility or the carrying out of any relevant activity in the designated waste disposal facility; (e) preventing or deterring the commission of any offence against the Ordinance in or in relation to any designated waste disposal facility; (f) detecting the commission of any offence against the Ordinance in or in relation to any designated waste disposal facility; or (g) deterring the evasion of charges payable under the Ordinance by any person in connection with any relevant activity in any designated waste disposal facility,exercise any of the powers specified in subsection (2). (2) The powers specified for the purpose of subsection (1) are- (a) the power to order or signal the driver of a vehicle within or entering or leaving a designated waste disposal facility- (i) to stop the vehicle immediately; (ii) to proceed to any place or to park the vehicle at any location within the facility; or (iii) to leave the facility;(b) if there are reasonable grounds for believing it to be necessary for any purpose specified in subsection (1), the power- (i) to require the driver of a vehicle within a designated waste disposal facility or stopped by him under paragraph (a)- (A) to produce his driving licence for examination; (B) to give the name and address of the registered owner of the vehicle; (C) to provide such information as is within the driver's knowledge concerning waste being carried on the vehicle;(ii) to enter, examine and search any vehicle referred to in subparagraph (i) and any thing in or on the vehicle, and to take from the vehicle and retain samples of any materials having the appearance of waste; (iii) to require any person found in or on any vehicle referred to in subparagraph (i) to give his name and address and to produce any document in his possession which is or contains evidence of his name and address;(c) where any vehicle or thing is causing disruption to the operation of any designated waste disposal facility or is otherwise likely to render the use of the facility unsafe, the power to take all reasonable steps, at the owner's expense, to remove the vehicle or thing or cause it to be removed to any place, including any road, that the Director may think fit and where necessary in the opinion of the Director, to provide for its safe custody; (d) where any person has failed to pay any charge under the Ordinance in full as required in any invoice, demand note, bill or the like issued by the Director or any person appointed by the Director to collect such charge, but subject to subsection (3), the power to suspend the provision to that person of the services provided at any designated waste disposal facility.(3) The power conferred under subsection (2)(d) shall not be exercised in a particular case unless- (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 Item Name Address Boundaries delineated by drawing number/plan number 1. West New Territories (WENT) Landfill Lung Kwu Tan Road, Nim Wan, Tuen Mun, N.T. Drawing number WENT/GEN/102 Rev. B (Contract Document Vol. 3 of 12) 2. South East New Territories (SENT) Landfill Shek Miu Wan, Tseung Kwan O, N.T. Drawing number 90872/SP10/014B 3. North East New Territories (NENT) Landfill Wo Keng Shan Road, Ta Kwu Ling, N.T. Drawing number 90303/CON-01 TO 04 4. Chemical Waste Treatment Centre 51 Tsing YI Road South, Tsing Yi, N.T. Plan number KT 1047-DA 5. Island East Transfer Station (IETS) 10 Sun Yip Street, Chai Wan, Hong Kong. Drawing number 7A/A/001 Rev. D 6. Kowloon Bay Transfer Station (KBTS) 11 Cheung Yip Street, Kowloon Bay, Kowloon. Drawing number T91211 Rev. A (L.N. 260 of 1998) 7. Shatin Transfer Station (STTS) 2 On Hing Lane, Shatin, N.T. Drawing number 7286/0001 Rev. C (L.N. 260 of 1998) 8. Island West Transfer Station (IWTS) 88 Victoria Road, Kennedy Town, Western District, Hong Kong. Drawing number 90833/SP15/04 (L.N. 260 of 1998) 9. West Kowloon Transfer Station (WKTS) 1 Ngong Shung Road, Kowloon. Drawing number 90364/TEN/01 Rev. D (L.N. 260 of 1998; L.N. 118 of 2002) 10. North Lantau Transfer Station (NLTS) PLA No. TW353, Siu Ho Wan, North Lantau, N.T. Plan number NANTA 80-A (L.N. 260 of 1998) 11. Outlying Islands Transfer Facilities-Cheung Chau Station (OITF-CCS) 1 Cheung Kwai Road, Cheung Chau, N.T. Plan number ISA 477-A (L.N. 260 of 1998) 12. Outlying Islands Transfer Facilities-Mui Wo Station (OITF-MuiWS) 35 Mui Wo Ferry Pier Road, Mui Wo, Lantau, N.T. Plan number IS 3099-D (L.N. 260 of 1998) 13. Outlying Islands Transfer Facilities-Peng Chau Station (OITF-PCS) GLA IS 296 & GLA IS 335, Tai Lei Island, Peng Chau, N.T. Plan number IS 2860-DA & Plan number IS 3093-D (L.N. 260 of 1998) 14. Outlying Islands Transfer Facilities-Hei Ling Chau Station (OITF-HLCS) Western tip of Hei Ling Chau, adjoining the cargo pier, Hei Ling Chau, N.T. Plan number ISA 490-E (L.N. 260 of 1998) 15. Outlying Islands Transfer Facilities-Yung Shue Wan Station (OITF-YSWS) Yung Shue Wan, Lamma Island, N.T. Plan number IS 3273-D (L.N. 118 of 2002) 16. Outlying Islands Transfer Facilities-Sok Kwu Wan Station (OITF-SKWS) Sok Kwu Wan, Lamma Island, N.T. Plan number IS 3161-D (L.N. 118 of 2002) 17. Outlying Islands Transfer Facilities-Ma Wan Station (OITF-MaWS) Pak Wan, Ma Wan, N.T., adjoining Sewage Treatment Plant. Plan number TWA 1058-E (L.N. 118 of 2002) 18. Northwest New Territories Transfer Station (NWNTTS) Shung Tat Street, Yuen Long, N.T. Plan number TM 3791-Db (L.N. 118 of 2002)
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