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To make provision for abating, prohibiting and controlling pollution of the atmosphere and for matters connected therewith. (Amended 2 of 1991 s. 2) [1 October 1983] L.N. 303 of 1983(Originally 17 of 1983) Cap 311 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Air Pollution Control Ordinance. Cap 311 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "air control zone" (空气质素管制区) means any part of Hong Kong declared under section 6 to be an air control zone; "air pollutant" (空气污染物) means any solid, particulate, liquid, vapour, objectionable odour or gaseous substance emitted into the atmosphere; (Amended 13 of 1993 s. 2) "air pollution" (空气污染) means an emission of air pollutant which either alone or with another emission of air pollutant- (a) is prejudicial to health; (b) is a nuisance; (c) imperils or is likely to imperil the safety of or otherwise interferes with the normal operation of aircraft; or (d) is determined to be air pollution under a technical memorandum; (Replaced 13 of 1993 s. 2)"air quality objective" (空气质素指标) means an air quality objective established by the Secretary under section 7; "Appeal Board" (上诉委员会) means an Appeal Board constituted under Part VI; "asbestos" (石棉) includes the minerals, and substances including the minerals, amosite, crocidolite, chrysotile, fibrous actinolite, fibrous anthophyllite and fibrous tremolite; (Added 13 of 1993 s. 2) "asbestos abatement work" (石棉消减工程) means any work or a procedure to control fibre release from asbestos containing material, and includes the removal and transport of asbestos containing material; (Added 13 of 1993 s. 2) "asbestos containing material" (含石棉物料) means any material, substance or product which is made with or contains more than 1 % asbestos by weight as determined by a method approved by the Secretary; (Added 13 of 1993 s. 2) "Authority" (监督) means the public officer appointed under section 4(1) to be the air pollution control authority; "authorized officer" (获授权人员) means a public officer authorized under section 4(3); "best practicable means" (最好的切实可行方法), where used with respect to the emission from a premises of an air pollutant, has reference not only to the provision and the efficient maintenance of appliances adequate for preventing such emission, but also to the manner in which such appliances are used and to the proper supervision by the owner of the premises of any operation in which such an air pollutant is evolved; "building" (建筑物) includes the whole, or a part, of a domestic or public building, arch, bridge, cavern adapted or constructed to be used for the storage of oil and petroleum products, chimney, cook-house, cowshed, dock, factory, garage, hangar, hoarding, latrine, matshed, office, oil storage installation, out-house, pier, shelter, shop, stable, stairs, wall, warehouse, wharf, workshop or tower, pylon or other similar structure supporting an aerial ropeway and such other structures as the Building Authority may declare to be a building by notice in the Gazette made under section 2(1) of the Buildings Ordinance (Cap 123); (Added 13 of 1993 s. 2) "chimney" (烟) includes structures and openings of any kind from or through which air pollutant may be emitted and, in particular, includes flues, and references to a chimney of a premises include references to a chimney which serves the whole or part of a premises but is structurally separate therefrom; "containment" (密封区) means a working area isolated from the rest of the building and other working areas to prevent the escape of asbestos fibre; (Added 13 of 1993 s. 2) "dispensing nozzle spout" (配油喷嘴) means a spout or other device forming the end of a petrol pump nozzle and designed or constructed to dispense petrol from that petrol pump into the fuel tank of a motor vehicle; (Added 19 of 1994 s. 2) "engine" (引擎) means an internal combustion engine; "furnace" (火炉) includes any kind of fireplace, grate or stove, whether open or closed and any structure enclosing a chamber where combustion takes place; "industrial plant" (工业装置) includes any plant, whether fixed or movable, used for industrial or trade purposes, and also includes any incinerator used for or in connection with any such purposes; "licence" (牌照) means a licence granted under section 15; "licence holder" (牌照持有人) means the holder of a valid licence; "motor vehicle" (汽车) has the same meaning as in section 2 of the Road Traffic Ordinance (Cap 374); (Added 19 of 1994 s. 2) "non-friable asbestos containing material" (不松脆的含石棉物料) means asbestos containing material which when dry cannot be crumbled, pulverized or reduced to powder by hand pressure; (Added 13 of 1993 s. 2) "noxious or offensive emission" (有害或厌恶性排放物) means a noxious or offensive emission designated by regulations made under section 43(1)(a); "nuisance" (滋扰) includes an event which is obnoxious and which results in any of the effects set out in section 10(2)(h); (Added 13 of 1993 s. 2) "oven" (烘炉) includes any form of retort or container used to subject solid fuel to any process involving the application of heat; "owner" (拥有人) includes- (a) in relation to a building or premises, a lessee or occupier of the building or premises and a contractor who has possession of a site for the purposes of construction work; (b) in relation to the common area of a building, the management committee or other body responsible for the management or control of the building; (c) in relation to a specified process, a person carrying on a specified process in or on the premises; and (d) in relation to a ship, the master or other person in control of the ship; (Replaced 13 of 1993 s. 2)"petrol" (汽油) has the same meaning as in section 69 of the Dutiable Commodities Ordinance (Cap 109); (Added 19 of 1994 s. 2) "petrol delivery vehicle" (运油车) means a motor vehicle which is constructed or adapted for use primarily for the delivery of petrol to a petrol retailer; (Added 19 of 1994 s. 2) "petrol retailer" (汽油零售商) means a person who sells, or offers for sale, petrol by retail to the public at large for use in motor vehicles; (Added 19 of 1994 s. 2) "polluting process" (污染工序) includes an activity, process or the operation of a chimney, relevant plant, machinery or equipment that evolves air pollutant; (Added 13 of 1993 s. 2) "prejudicial to health" (损害健康) means injurious, or likely to cause injury, to health; "premises" (处所) includes a part of the premises and a place, building or relevant plant; (Replaced 13 of 1993 s. 2) "register of specified processes" (指明工序登记册) means the register required to be kept under section 39; (Replaced 13 of 1993 s. 2) "registered asbestos consultant" (注册石棉顾问) means a natural person whose name is entered in the register of asbestos consultants maintained under section 51(1)(a); (Added 13 of 1993 s. 2) "registered asbestos contractor" (注册石棉承办商) means a natural person, company or other body corporate whose name is entered in the register of asbestos contractors maintained under section 51(1)(b); (Added 13 of 1993 s. 2) "registered asbestos laboratory" (注册石棉化验所) means a laboratory whose name is entered in the register of asbestos laboratories maintained under section 51(1)(d) and includes a natural person, company or other body corporate whose name is entered in the register as the owner of a laboratory; (Added 13 of 1993 s. 2) "registered asbestos supervisor" (注册石棉监管人) means a natural person whose name is entered in the register of asbestos supervisors maintained under section 51(1)(c); (Added 13 of 1993 s. 2) "relevant plant" (有关装置) means any furnace, engine, oven or industrial plant; "Secretary" (局长) means the Secretary for the Environment, Transport and Works; (Replaced 78 of 1999 s. 7. Amended L.N. 106 of 2002) "specified process" (指明工序) means a process specified in Schedule 1; (Amended 13 of 1993 s. 2) "technical memorandum" (技术备忘录) means a technical memorandum issued under section 7 or 9; (Added 13 of 1993 s. 2) "vehicle design standards" (车辆设计标准), in relation to the prohibition or control of the emission of air pollutants in respect of motor vehicles intended to be registered under the Road Traffic Ordinance (Cap 374), means the vehicle design standards applied in regulations made under section 43(1)(r). (Added 2 of 1991 s. 3) Cap 311 s 3 Application Except to the extent provided by section 43(1)(p) nothing in this Ordinance shall apply to any air pollutant emitted from any furnace or engine used in the propulsion of any vessel, railway locomotive or aircraft. (Amended 2 of 1991 s. 4) Cap 311 s 4 Authority and authorized officers (1) For the purposes of carrying out the provisions of this Ordinance, the Governor may appoint a public officer to be the air pollution control authority. (2) An appointment under subsection (1) shall be notified in the Gazette. (3) The Authority may authorize in writing any public officer to perform or exercise all or any of the functions, duties or powers which are imposed or conferred on the Authority by this Ordinance. Cap 311 s 4A Secretary to publish approved methods Where in this Ordinance the Secretary is empowered to approve a method or standard, he shall, when he exercises the power, publish sufficient details of the method or standard in the Gazette so as to reasonably identify the method or standard. (Added 13 of 1993 s. 3) Cap 311 s 5 (Repealed 13 of 1993 s. 4) Cap 311 s 6 Air control zones PART II AIR CONTROL ZONES AND AIR QUALITY OBJECTIVES (1) The Governor in Council may, after consultation with the Advisory Council on the Environment, by order published in the Gazette, declare any part of Hong Kong to be an air control zone for the purposes of this Ordinance. (Amended L.N. 165 of 1984; L.N. 57 of 1994) (2) An order under subsection (1) shall, for each air control zone constituted thereby- (a) make reference to a plan or map of that zone deposited in the Land Registry at Victoria; or (Amended 8 of 1993 s. 2) (b) sufficiently describe the zone by other means. Cap 311 s 7 Secretary to establish quality objectives (1) The Secretary shall, after consultation with the Advisory Council on the Environment, establish for each air control zone air quality objectives or different objectives for different parts of a zone. (Amended L.N. 165 of 1984; L.N. 57 of 1994) (1A) The Secretary may publish air quality objectives for an air control zone by issuing a technical memorandum which may specify different objectives for different parts of the zone. (Added 13 of 1993 s. 5) (2) The air quality objectives for any particular air control zone or part thereof shall be the quality which, in the opinion of the Secretary, should be achieved and maintained in order to promote the conservation and best use of air in the zone in the public interest. (3) Any air quality objective may be amended from time to time by the Secretary, after consultation with the Advisory Council on the Environment. (Amended L.N. 165 of 1984; L.N. 57 of 1994) (4)-(5) (Repealed 13 of 1993 s. 5) Cap 311 s 8 Authority to seek to achieve quality objectives (1) (Repealed 13 of 1993 s. 6) (2) The Authority shall aim to achieve the relevant air quality objectives as soon as is reasonably practicable and thereafter to maintain the quality so achieved. (3) If in the opinion of the Secretary the achievement or maintenance of any air quality objective would be better served by the exercise by the Authority in a particular manner of any of his powers under section 15(4), 17 or 22, the Secretary may give directions in writing to the Authority as to the manner in which he shall exercise those powers; and, in the case of a direction which relates to section 15(4), any such direction may be of a general nature or relate to a particular case or particular cases. (4) The Authority shall comply with any direction given to him under subsection (3) and the discretion conferred on the Authority by section 15(4), 17 or 22 as the case may be, shall not apply to any specified process in respect of which such a direction is in force. Cap 311 s 9 Technical memorandum relating to air pollution PART III CONTROL OF AIR POLLUTION The Secretary may issue a technical memorandum setting out principles, procedures, guide-lines, standards and limits for- (a) the prediction, measurement, assessment or determination of air pollution caused, or contributed to, by the operation of a polluting process; (b) the issue of air pollution abatement notices for such pollution; and (c) the determination of whether or not an air pollution abatement notice is being complied with. (Replaced 13 of 1993 s. 7) Cap 311 s 10 Air pollution abatement notice (1) Where the Authority or an authorized officer is satisfied that the emission of air pollutants from a polluting process is causing or contributing to air pollution which exists or which is imminent, the Authority or the authorized officer may give an air pollution abatement notice, either verbally or in writing, to the owner of the premises or to the person carrying out the activity requiring him- (a) to cease the emission of air pollutants from the premises or to cease the operation of the polluting process; (b) to reduce the emission of air pollutants from the premises or polluting process; (c) to take other steps to abate the emission of air pollutants from the premises or polluting process.(2) In determining whether the emission of air pollutants is causing or contributing to air pollution which exists or which is imminent, the Authority and an authorized officer may take into account- (a) a technical memorandum; (b) research material results or publications which indicate that the type of emission may have adverse health effects; (c) the advice of a medical practitioner; (d) the advice of the Director-General of Civil Aviation; (Amended L.N. 326 of 2000) (e) the relative location of the emission source and the place affected; (f) the locality of the place affected; (g) the time, duration and frequency of the emission; (h) any of the following effects which, in the opinion of the Authority or the authorized officer, is caused by or contributed to by the emission- (i) the deposit of dust, grit or particles of any kind; (ii) an objectionable odour; (iii) the staining of, corrosion or damage to, a building, plant, equipment or other material; (iv) the irritation of the eye, nose or skin or any other sensory discomfort; (v) the disturbance of normal activities by the colour or opacity of the emission; (vi) an effect which in the opinion of the Authority or an authorized officer may affect public safety; or (vii) any other effect which in the opinion of the Authority or an authorized officer is unreasonable for a member of the public to suffer.(3) The Authority or an authorized officer may, in giving an air pollution abatement notice under subsection (1), either- (a) require that the notice be complied with immediately; or (b) state a time by which the person given notice shall comply with the notice.(4) An air pollution abatement notice remains in force until it is withdrawn or expires. (5) If the Authority or an authorized officer gives or withdraws an air pollution abatement notice verbally, the Authority or the authorized officer shall confirm the notice in writing within 7 days. (6) Subsection (1) does not apply to- (a) air pollution emitted from a specified process which is operated under a licence issued under section 15; (b) the emission of an objectionable odour from a declared offensive trade carried out under and in accordance with a licence issued under bylaws made under the Public Health and Municipal Services Ordinance (Cap. 132).(7) A person who fails to comply with an air pollution abatement notice given to him under subsection (1) commits an offence and is liable- (a) if he fails to cease the operation of a polluting process as specified in the air pollution abatement notice, to a fine of $500000 and to imprisonment for 12 months and a further fine of $100000 for each day that the court is satisfied that the failure to cease the operation has continued; and (b) in any other case, to a fine of $100000 on first conviction and to a fine of $200000 and to imprisonment for 6 months on a second or subsequent conviction and, on a first or subsequent conviction, to a further fine of $20000 for each day that the court is satisfied that the failure to comply with the air pollution abatement notice has continued. (Replaced 13 of 1993 s. 7) Cap 311 s 11 Power to amend Schedule 1 PART IV SPECIFIED PROCESSES AND THE LICENSING OF PREMISES THEREFOR The Legislative Council may by resolution amend Schedule 1. (Amended 13 of 1993 s. 8) Cap 311 s 12 Prevention of discharge of noxious or offensive emissions (1) The owner of any premises used for the conduct of any specified process shall use the best practicable means for preventing the emission of noxious or offensive emissions from such premises, and for preventing the discharge, whether directly or indirectly, of such emissions into the atmosphere, and for rendering such emissions where discharged harmless and inoffensive. (2) Any person who fails to comply with subsection (1) commits an offence and is liable to a fine of $200000 and to imprisonment for 6 months, and, in addition, if the offence is a continuing offence, to a fine of $20000 for each day during which it is proved to the satisfaction of the court that the offence has continued. (Amended 13 of 1993 s. 9) (3) No person shall be convicted of an offence under this section if he proves that the specified process in respect of which he is charged was conducted by him in the manner and in accordance with the particulars and information notified by him under section 19(1). Cap 311 s 13 Licence required to use premises for specified process (1) Subject to section 20, the owner of any premises shall not use those premises, or permit those premises to be used, for the conduct of a specified process unless he is the holder of a licence to use the premises for the conduct of that specified process. (2) Any owner who contravenes subsection (1) commits an offence and is liable to a fine of $200000 and to imprisonment for 6 months, and, in addition, if the offence is a continuing offence, to a fine of $20000 for each day during which it is proved to the satisfaction of the court that the offence has continued. (Amended 13 of 1993 s. 10) Cap 311 s 14 Application for licences (1) Any person who wishes to obtain a licence to conduct a specified process in any premises shall apply to the Authority in the prescribed form. (2) An application under subsection (1) shall be accompanied by the prescribed fee. (3) The Authority shall publicly notify all applications for licences- (a) by entering in the register such particulars thereof as may be prescribed; (b) by causing a notice to be published at the expense of the applicant in an English language and a Chinese language newspaper determined by the Authority containing such particulars of the application and other information as may be prescribed and a statement of the place or places where the particulars of the application may be inspected. (Amended 23 of 1987 s. 2)(4) During the period of 30 days after the last notice is published pursuant to subsection (3)(b)- (a) the particulars of the application shall be kept at each place notified under subsection (3)(b) and shall be available for inspection by the public during normal office hours; and (Amended 23 of 1987 s. 2) (b) any person may, in such manner as may be prescribed, object to the granting of a licence to conduct the specified process concerned on the grounds that- (i) it would tend to inhibit the attainment or maintenance of any relevant air quality objective; or (ii) the emission of noxious or offensive emissions would be, or be likely to be, prejudicial to health. (Replaced 23 of 1987 s. 2) Cap 311 s 14A Air pollution control plan (1) The Authority may require an applicant for a licence under section 14 to submit an air pollution control plan which, if required to be submitted, the Authority shall have regard to in exercising his discretion to grant or refuse to grant a licence. (2) The Authority may require the applicant to include the following in an air pollution control plan- (a) a description and technical particulars of a chimney or other plant or equipment that may evolve an air pollutant; (b) a description and technical particulars of air pollution control equipment or measure proposed to be used to comply with the requirement to use the best practicable means of controlling air pollution; (c) a description and technical particulars of equipment or measure other than those referred to in paragraph (b) proposed to be used to reduce the emission of any air pollutant; (d) a description with the aid of maps of residential buildings, schools, hospitals, medical clinics and other buildings and structures that may be affected; (e) an assessment of the resulting air quality and risk to human health in the vicinity of the premises and in the buildings and structures identified in the description required under paragraph (d); (f) the calculations and information which may support- (i) the findings and conclusions set out in the assessment made under paragraph (e); and (ii) the assertion that the best practicable means of controlling air pollution have been adopted or proposed; and(g) a plan for, or scheme of, monitoring the emission at source or the ambient concentration of any air pollutant. (Added 13 of 1993 s. 11) Cap 311 s 15 Grant or refusal of licences (1) The Authority may, not earlier than 40 days after the last notice is published in a newspaper pursuant to section 14(3)(b), either grant or refuse to grant a licence. (2) If he refuses to grant a licence the Authority shall notify the applicant in writing of his refusal and shall inform him of his reasons therefor. (3) In the exercise of his discretion to grant or refuse to grant a licence the Authority shall- (a) have regard to the capability of the applicant to provide and maintain the best practicable means for the prevention of the emission from his premises of any air pollutant; (b) have as his purpose the attainment and maintenance of any relevant air quality objective; and (Replaced 23 of 1987 s. 3) (c) have regard to whether the emission of noxious or offensive emissions would be, or be likely to be, prejudicial to health. (Added 23 of 1987 s. 3)(4) A licence granted under this section shall be for a reasonable period of not less than 2 years and may be subject to such terms and conditions as the Authority thinks fit including terms and conditions relating to the matters set out in Schedule 2. (Amended 13 of 1993 s. 31) Cap 311 s 15A Payment of annual charges by licence holders Every licence holder shall pay such annual charge as may be prescribed. (Added 23 of 1987 s. 4) Cap 311 s 16 Renewal of licences (1) During such period as may be prescribed, the licence holder may apply to the Authority in the prescribed form for a renewal of the licence. (Amended 23 of 1987 s. 5) (2) An application for renewal of a licence shall be accompanied by the prescribed fee. (3) Except where the Secretary directs otherwise, section 14(3) and (4) shall not apply in relation to an application for renewal of a licence. (Amended 23 of 1987 s. 5) (4) The Authority may renew or refuse to renew a licence but, where the Secretary has directed under subsection (3) that section 14(3) shall apply, shall not do so earlier than 40 days after the last notice is published in a newspaper pursuant to section 14(3)(b). (Replaced 23 of 1987 s. 5) (5) Subsections (2), (3) and (4) of section 15 shall apply to the renewal of a licence as they apply to the grant or refusal of a licence under that section. Cap 311 s 17 Cancellation or variation of a licence (1) Where a licence is in force and the Authority considers it necessary in the public interest, the Authority may, subject to subsection (2), by notice in writing to the licence holder- (a) impose new or amended terms or conditions subject to the observance of which, as from a specified date, the licence shall continue in force; (b) cancel the licence as from a specified date; (c) revoke or amend or add to any notice previously given under this subsection, or any part of such notice, or substitute a new notice for it.(2) Unless the Authority considers that the continuation of the specified process to which the licence relates would be, or be likely to be, prejudicial to health he may exercise any power set out in subsection (1) in relation to that licence only with the prior approval of the Governor in Council, as to both the exercise of the power and the manner of the exercise of the power, or with the agreement of the licence holder. (3) Subject to subsection (4), the date specified in a notice for the addition, revocation or amendment of any term or condition under paragraph (a) or (c) of subsection (1) or the cancellation of a licence under paragraph (b) thereof shall be not less than 90 days after the day on which the notice is given to the licence holder. (4) Where in the opinion of the Authority it is necessary to add, revoke or amend a term or condition under paragraph (a) or (c) of subsection (1) or cancel a licence under paragraph (b) thereof because the continuation of the specified process to which the licence relates would be, or be likely to be, prejudicial to health, he may exercise any of the said powers with effect from such date as the circumstances may require and shall not be bound to comply with subsection (3). (5) Where a notice is given under subsection (1), the person to whom the notice is given may, within the period of 30 days after such notice is given, make written submissions to the Authority as to why any new or amended terms and conditions should not be imposed or as to why the licence should not be cancelled. (6) The Authority, on receipt of written submissions made by any person under subsection (5) may, after considering such submissions, exercise any of his powers under subsection (1)(c). Cap 311 s 18 Applications for and variations of licences (1) A licence holder may apply to the Authority in the prescribed form for a variation of the licence. (2) The application shall be accompanied by the prescribed fee. (3) Section 14(3) and (4) shall apply for the purpose of publicly notifying an application under this section for the variation of a licence as if it were an application for a licence. (4) The Authority may either grant the application, with or without modification, or refuse to grant it but shall not do so earlier than 40 days after the last notice is published in a newspaper pursuant to subsection (3). (5) If the Authority refuses to grant an application or any part thereof he shall notify the applicant and shall inform him of the reasons for his refusal. (6) Section 15(3) shall apply to the exercise by the Authority of his discretion under this section as it applies to the exercise of his discretion to grant or refuse a licence. (7) The Authority may grant an application on such terms and conditions as he thinks fit (including terms and conditions relating to the matters set out in Schedule 2). (Amended 13 of 1993 s. 31) Cap 311 s 18A Application for transfer of licences (1) Where a licence is to be transferred, the licence holder and the prospective transferee of the licence shall jointly apply to the Authority in the prescribed form for a transfer of the licence. (2) An application under subsection (1) shall be accompanied by the prescribed fee which shall be paid by the prospective transferee. (3) Except where the Secretary directs otherwise, section 14(3) and (4) shall not apply in relation to an application for the transfer of a licence. (4) A licence in respect of which an application for transfer is made under subsection (1) shall remain in force as against the licence holder until the application is granted under subsection (5). (5) The Authority may either grant an application under subsection (1), with or without modification, or refuse to grant it but, where the Secretary has directed under subsection (3) that section 14(3) shall apply, shall not do so earlier than 40 days after the last notice is published in a newspaper pursuant to section 14(3)(b). (6) If the Authority refuses to grant an application (or any part thereof) under subsection (5) he shall notify the applicants and shall inform them of the reasons for his refusal. (7) Section 15(3) shall apply to the exercise by the Authority of his discretion under this section as it applies to the exercise of his discretion to grant or refuse a licence and section 15(3)(a) shall apply in relation to the prospective transferee of the licence as it applies to the applicant. (8) The Authority may grant an application under subsection (5) on such terms and conditions as he thinks fit (including terms and conditions relating to matters set out in Schedule 2). (Amended 13 of 1993 s. 31) (Added 23 of 1987 s. 6) Cap 311 s 18B Supply of incorrect information, etc. Any person who in any application made under this Ordinance makes any statement or gives any particular or information which he knows to be incorrect in a material respect or who recklessly makes any statement or gives any particular or information which is incorrect in a material respect or knowingly omits any material particular therefrom commits an offence and is liable to a fine of $50000. (Added 23 of 1987 s. 6. Amended 13 of 1993 s. 12) Cap 311 s 19 Notices of existing premises used for specified processes (1) The Secretary may, by order published in the Gazette, specify in relation to any specified process the particulars and information required to be furnished to the Authority by the owner of any premises used for the conduct of that specified process and, within 6 months after the publication of such an order, or such further period as the Authority may in any particular case allow, the owner of the premises concerned shall give notice of the existence of those premises to the Authority in such manner and form and containing such particulars and information as may be specified in the order. (2) Any owner who fails to comply with subsection (1) commits an offence and is liable to a fine of $50000. (Amended 13 of 1993 s. 13) (3) Any owner who in any notice under subsection (1) makes any statement or gives any particular or information which he knows to be incorrect in a material respect or who recklessly makes any statement or gives any particular or information which is incorrect in a material respect or knowingly omits any material particular therefrom commits an offence and is liable to a fine of $50000. (Amended 13 of 1993 s. 13) (4) Subsection (1) shall not apply to owner of any premises or any part of the premises used for conduct of a specified process, in respect of which premises- (a) the owner holds a licence under section 15(4); (b) a licence has expired but the owner continues to operate the specified process; (c) an application for a licence by the owner has been refused but the owner continues to operate the specified process; (d) the owner's licence has been cancelled under section 17(1)(b); (e) the owner has been exempted under section 20; (f) the exemption of the owner under section 20 has ceased under section 20A; (g) the exemption of the owner under section 20 has ceased under section 21(1)(i); (h) the owner has been exempted under section 20 but has to comply with the terms and conditions imposed under section 22(1)(a)(i) or (c); or (i) the exemption of the owner under section 20 has been cancelled under section 22(1)(a)(iii) or (b). (Added 19 of 1994 s. 3) Cap 311 s 20 Exemption of certain premises Remarks: Amendments retroactively made - see 29 of 1998 s. 63 (1) The owner of any premises used for the conduct of a specified process at the date of publication of an order under section 19 shall, subject to subsection (4) and section 21, be exempt so far as use of that premises is concerned in respect of that process from the operation of section 13 if notice of the existence of that premises has been duly given under section 19. (Amended 13 of 1993 s. 14) (2)-(3) (Repealed 13 of 1993 s. 14) (4) No exemption shall arise under this section if, at the time when notice is given under section 19, the premises used for the conduct of the specified process- (a) have been unlawfully erected on unleased land in contravention of section 4 of the Land (Miscellaneous Provisions) Ordinance (Cap 28); or (b) are situated on land held under a Government lease or on land occupied under a licence issued under section 5 of the Land (Miscellaneous Provisions) Ordinance (Cap 28) and the use of the premises for the conduct of the specified process is in breach of the Government lease or the licence. (Amended 29 of 1998 s. 63)(5) Where at the date of publication of an order under section 19 any person is the owner of premises which are being developed for use for the conduct of a specified process the Authority may in writing subject to subsection (4) and section 21 exempt him in respect of those premises from the operation of section 13 upon his giving notice under section 19, which shall for the purposes of this subsection apply mutatis mutandis. (Amended 13 of 1993 s. 14) Cap 311 s 20A Cessation of exemption on conviction under section 19(3) The owner of any premises who is convicted under section 19(3) of an offence relating to those premises shall cease to be exempt under section 20 from the operation of section 13 in respect of the premises. (Added 23 of 1987 s. 7) Cap 311 s 20AA Removal of exemption to certain classes of existing premises (1) The Secretary may by order in the Gazette declare that after a date specified in the order an exemption from the requirement to comply with section 13 granted to the owner of a class of premises under section 20 no longer applies. (2) The owner of premises previously exempt under section 20 shall not, after the date specified in the order made under subsection (1), use those premises, or permit those premises to be used, for the conduct of a specified process unless- (a) he is the holder of a licence to use the premises for the conduct of the specified process; or (b) he has applied to the Authority for a licence to use the premises for the conduct of the specified process in accordance with the requirements of section 14 and the Authority has not refused to grant the licence.(3) An owner who contravenes subsection (2) commits an offence and is liable to a fine of $200000 and to imprisonment for 6 months, and, in addition, if the offence is a continuing offence, to a further fine of $20000 for each day during which the court is satisfied that the offence has continued. (4) The owner of premises of a class for which an exemption no longer applies as a result of an order under subsection (1) is not entitled to compensation for loss caused by the removal of the exemption. (Added 13 of 1993 s. 15) Cap 311 s 21 Cessation of exemption in certain circumstances and application for licence (1) Without prejudice to the powers in section 22 when, on or in any premises used for the conduct of a specified process the owner of which is exempt under section 20 from the operation of section 13, for any reason, including addition, alteration or modification thereto or renewal thereof, any chimney or relevant plant used in or in connection with the conduct of the specified process ceases to conform with any of the particulars in relation thereto- (a) given by such owner under section 19; and (b) recorded in a register kept under section 39(1)(b),then, in respect of that part of the premises on or in which such chimney or relevant plant is situate, the owner thereof- (i) shall cease to be exempt under section 20; and (ii) shall apply forthwith under section 14 for a licence.(2) Except where the Secretary directs otherwise, section 14(3) and (4) shall not apply in relation to an application for a licence in accordance with subsection (1)(ii), and section 15(1) as regards the period before which the Authority may not grant or refuse to grant a licence shall likewise not apply except where the Secretary has directed that section 14(3) shall apply. (Amended 23 of 1987 s. 8) (3) Any owner who, without reasonable excuse, fails to comply with subsection (1)(ii) commits an offence and is liable to a fine of $200000 and to imprisonment for 6 months and, in addition, if the offence is a continuing offence, to a fine of $20000 for each day during which it is proved to the satisfaction of the court that the offence has continued. (Amended 13 of 1993 s. 16) (4) Where the owner of a premises applies for a licence in accordance with subsection (1)(ii), then, pending the grant or refusal to grant the licence, the operation of section 13 shall be suspended in relation to the part of the premises which has ceased to be exempt under subsection (1)(i) and which is referred to in the application made under section 14. Cap 311 s 22 Further powers in relation to an existing specified process (1) Where in relation to any premises used for the conduct of a specified process the owner of which is exempt under section 20 from the operation of section 13 the Authority considers it necessary so to do in the public interest he may, by notice in writing to the owner of the premises- (a) (i) impose terms and conditions subject to the observance of which, as from a specified date, the exemption shall continue in force; (ii) declare the exemption liable to cancellation if at any time the person fails to observe any such term or condition; (iii) cancel the exemption as from a specified date if the person fails to observe any such term or condition;(b) cancel the exemption as from a specified date; (c) amend or add to any notice previously given under this section, or any part of such notice, or substitute a new notice for it.(2) Unless the Authority considers that the continuation of the specified process would of itself be, or be likely to be, prejudicial to health, he may exercise any power set out in subsection (1) only with the prior approval of the Governor in Council, as to both the exercise of the power and the manner of the exercise of the power, or with the agreement of the owner of the premises used for the conduct of the specified process. (3) The Authority may revoke a notice previously given under this section, subject to the further approval of the Governor in Council in the case of a revocation which affects anything previously done under this section with the approval of the Governor in Council. (4) Subject to subsection (5) the date specified in a notice for the imposition, amendment or addition of any term or condition under paragraph (a)(i) or (c) of subsection (1) or for the cancellation of an exemption under paragraph (a)(iii) or (b) thereof shall be not less than 90 days after the day on which the notice is given to the owner of the premises used for the conduct of the specified process. (5) Where in the opinion of the Authority it is necessary to impose, amend or add any term or condition under paragraph (a)(i) or (c) of subsection (1) or to cancel an exemption under paragraph (a)(iii) or (b) thereof because the continuation of the specified process would of itself be, or be likely to be, prejudicial to health, he may exercise any of the said powers with effect from such date as the circumstances may require and shall not be bound to comply with subsection (4). (6) Subject to subsection (2), the Authority may impose such terms and conditions under subsection (1) as he thinks fit including any term or condition- (a) requiring the person to restrict or from time to time to suspend the emission of any air pollutant; (b) relating to the matters set out in Schedule 2. (Amended 13 of 1993 s. 31) Cap 311 s 23 Exempted premises-approval of changes (1) A person who is the owner of any premises used for the conduct of a specified process and who is exempt under section 20 from the operation of section 13 may apply to the Authority in the prescribed form for a variation or cancellation of any term or condition imposed by the Authority under section 22. (2) An application under subsection (1) shall be accompanied by the prescribed fee. (3) Section 14(3) and (4) shall apply for the purpose of publicly notifying an application under this section as if it were an application for a licence. (4) The Authority may either grant the application in whole or in part or refuse to grant it but shall not do so earlier than 30 days after the last notice is published in a newspaper pursuant to subsection (3). (5) If the Authority refuses to grant an application or any part thereof he shall notify the applicant and shall inform him of the reasons for his refusal. (6) Section 15(3) shall apply to the exercise by the Authority of his discretion under this section as it applies to the exercise of his discretion to grant or refuse a licence. (7) The Authority may grant an application on such terms and on such conditions as he thinks fit (including terms and conditions relating to the matters set out in Schedule 2). (Amended 13 of 1993 s. 31) Cap 311 s 24 Compensation for cancellation or variation of licences Where a licence is, pursuant to section 17(1)- (a) cancelled as provided in section 17(1)(b); or (b) varied as provided in section 17(1)(a) so as to impose additional obligations on the licence holder,the Authority shall be liable to pay compensation to the person whose licence is cancelled or varied if- (Amended 23 of 1987 s. 9) (i) such cancellation or variation was effected with the prior approval of the Governor in Council pursuant to section 17(2); or (ii) where the licence is cancelled or varied because the Authority considers that the continuation of the specified process to which the licence relates would be, or be likely to be, prejudicial to health, the possibility of such prejudice to health was known, or could with reasonable foresight have been known, to the Authority at the time the licence was granted or renewed; or (iii) the prejudice to health mentioned in paragraph (ii) is a consequence of the fact of licences having been granted or renewed after the grant (or, where a licence has been renewed, the last renewal) of the licence which is cancelled or varied. Cap 311 s 25 Compensation for cancellation or variation of exemptions with the approval of the Governor in Council Where an exemption under section 20 is, pursuant to section 22- (a) cancelled as provided in section 22(1)(b); or (b) varied as provided in section 22(1)(a)(i) or (c) so as to impose additional obligations on the owner of the premises used for the conduct of the specified process to which the exemption relates,the Authority shall be liable to pay compensation to the owner of the premises whose exemption is cancelled or varied if such cancellation or variation was effected with the prior approval of the Governor in Council pursuant to section 22(2). (Amended 23 of 1987 s. 10) Cap 311 s 26 Assessment of compensation (1) Subject to subsection (2), the manner of determining the amount of compensation payable under sections 24 and 25, the factors to be taken into account or disregarded and the principles to be applied in determining that amount shall be such as may be prescribed in regulations made under section 43. (2) The provisions of Schedule 4 shall have effect for the purposes of determining the amount of compensation payable under sections 24 and 25 and for the purposes of the incidental matters for which they provide. (Amended 13 of 1993 s. 17) Cap 311 s 26A Payment of annual charges by owners of exempted premises Every owner of premises who is exempt under section 20 from the operation of section 13 shall pay such annual charge as may be prescribed. (Added 23 of 1987 s. 11) Cap 311 s 26B (Repealed 19 of 1994 s. 4) PART IVA UNLEADED PETROL AND THE CONTROL OF THE EMISSION OF AIR POLLUTANTS FROM MOTOR VEHICLES (Part IVA added 2 of 1991 s. 5) Cap 311 s 26C (Repealed 19 of 1994 s. 5) (Part IVA added 2 of 1991 s. 5) Cap 311 s 26D (Repealed 19 of 1994 s. 6) (Part IVA added 2 of 1991 s. 5) Cap 311 s 26E (Repealed 19 of 1994 s. 7) (Part IVA added 2 of 1991 s. 5) Cap 311 s 26F (Repealed 19 of 1994 s. 8) (Part IVA added 2 of 1991 s. 5) Cap 311 s 27 Authority may obtain information PART V ENFORCEMENT (1) The Authority may, by notice in writing to any person, require him to furnish to the Authority, within such time and in such form as is specified in the notice, any information specified in the notice which the Authority may reasonably require for the purpose of exercising and performing his functions, duties and powers under this Ordinance. (2) A person who- (a) fails without reasonable excuse to comply with any of the requirements of a notice duly served on him under subsection (1); or (b) in compliance or purported compliance with such a notice, makes any statement which he knows to be incorrect in a material respect or recklessly makes any statement which is incorrect in a material respect or knowingly omits any material particular,commits an offence and is liable to a fine of $50000. (Amended 13 of 1993 s. 18) Cap 311 s 28 Powers of entry and inspection, etc. (1) For the purpose of- (a) determining the position of any apparatus or device or sampling point to be used for the measurement of any air pollutant emitted from any polluting process or passing through any chimney; (Amended 13 of 1993 s. 19) (b) determining the composition, concentration, quantity, quality or density of any air pollutant emitted from any polluting process or passing through any chimney; (Amended 13 of 1993 s. 19) (c) determining the composition of any fuel, or other material, or viscosity of any liquid fuel used in any polluting process; (Amended 13 of 1993 s. 19) (d) observing and recording any process or procedure used in or in connection with- (i) the operation of any polluting process; or (Amended 13 of 1993 s. 19) (ii) the conduct of any specified process;(da) taking samples of material suspected of being asbestos containing material; (Added 13 of 1993 s. 19) (db) observing the condition of any premises or ship suspected of containing or known to contain asbestos containing material; (Added 13 of 1993 s. 19) (e) ascertaining the source of any air pollutant; (ea) ascertaining whether any motor vehicle has been designed or constructed to operate in accordance with any requirement imposed under this Ordinance relating to the prohibition or control of the emission of air pollutants therefrom; (Added 2 of 1991 s. 6) (f) ascertaining whether there is or has been on or in connection with any premises, ship or motor vehicle any contravention of any of the requirements of this Ordinance; (Amended 2 of 1991 s. 6; 13 of 1993 s. 19) (g) establishing any other matter in connection with paragraphs (a) to (f),the Authority or an authorized officer may- (i) inspect any polluting process; (Amended 13 of 1993 s. 19) (ia) inspect any motor vehicle; (Added 2 of 1991 s. 6) (ib) inspect any premises, place or facility in which fuel is stored, supplied, distributed, sold or offered for sale; (Added 2 of 1991 s. 6. Amended 19 of 1994 s. 9) (ic) inspect premises or a ship suspected of containing or known to contain asbestos containing material; (Added 13 of 1993 s. 19) (ii) take samples from, and make measurements of, any air pollutant emitted from any polluting process or passing through any chimney; (Amended 13 of 1993 s. 19) (iii) take samples of any fuel or other material used in any polluting process; (Amended 13 of 1993 s. 19) (iiia) take samples of any fuel or other substance used in any motor vehicle or stored by any person; (Added 2 of 1991 s. 6. Amended 19 of 1994 s. 9) (iiib) take samples of material suspected of being or known to contain asbestos containing material; (Added 13 of 1993 s. 19) (iv) observe and record any process or procedure referred to in paragraph (d); (iva) require the owner of premises or a ship to label chimneys and asbestos containing material with identifying marks; (Added 13 of 1993 s. 19) (ivb) require the owner of premises or a ship to provide sampling points with safe access to chimneys, containments and relevant plant for taking samples and measuring air pollutants; (Added 13 of 1993 s. 19) (ivc) require a person present in premises or a ship being entered to give details of his identity, name and address and produce evidence of his identity; (Added 13 of 1993 s. 19) (ivd) require a person present in premises or a ship being entered who appears to be at the time responsible for or in charge of the premises or ship to give information or render assistance that may be necessary to enable the Authority or authorized officer to carry out his functions under this section; (Added 13 of 1993 s. 19) (v) require the production of and inspect any drawings, records or documents relating to any polluting process or specified process or asbestos or asbestos containing material whether or not the same are required to be kept under this Ordinance; (Amended 13 of 1993 s. 19) (va) require the production of and inspect any drawings, records or documents relating to any motor vehicle or any premises, place or facility in which fuel is stored, supplied, distributed, sold or offered for sale; (Added 2 of 1991 s. 6. Amended 19 of 1994 s. 9) (vi) make copies of any drawings, records or documents referred to in paragraph (v) or (va); (Amended 2 of 1991 s. 6) (vii) make such examination and inquiry as may be necessary to ascertain whether the requirements of this Ordinance are complied with, and seize, remove and detain anything which may appear to be evidence of an offence against this Ordinance.(2) Subject to subsection (3), for the purposes of subsection (1), the Authority, or any authorized officer, may without warrant enter and search premises or a ship. (Amended 13 of 1993 s. 19) (3) No premises or a ship which is used solely for dwelling purposes shall be entered or searched under subsection (2) except by virtue of a warrant issued by a magistrate, where such magistrate is satisfied by information on oath that there is reasonable ground for suspecting that an offence under this Ordinance, has been, is being or is about to be committed in the premises or ship or that there is in the premises or ship anything likely to be or to contain evidence of such offence. (Amended 13 of 1993 s. 19) (4) An authorized officer who enters premises or a ship shall- (Amended 13 of 1993 s. 19) (a) if so required, produce evidence of his identity and of his authorization by the Authority under section 4(3); and (b) if a warrant has been issued under subsection (3), produce that warrant.(5) An authorized officer performing or exercising the powers conferred on him under this section may obtain the assistance of other persons that he reasonably requires to perform or exercise any function, duty or power. (Added 13 of 1993 s. 19) Cap 311 s 29 Offences in relation to section 28 Any person who- (a) wilfully resists, obstructs or delays any officer in the exercise of any power conferred on such officer by or under section 28; (b) fails without reasonable excuse to comply with any requirement duly made by an officer under section 28; (c) in compliance or purported compliance with any such requirement produces any drawing, record or document which he knows to be incorrect or inaccurate in a material respect or does not believe to be correct or accurate; or (d) wilfully or recklessly gives information which is incorrect in a material respect or withholds information as to any of the matters in respect of which information is required to be given under section 28,commits an offence and is liable to a fine of $50000. (Amended 13 of 1993 s. 20) Cap 311 s 30 Power to require modification etc., of chimneys and relevant plant (1) Where it appears to the Authority that a chimney, relevant plant or other machinery or equipment may evolve any air pollutant by reason of- (a) unsuitable design, defective construction or lack of maintenance; (b) excessive wear and tear; (c) the use of unsuitable fuel or other material; or (d) improper operation,the Authority may serve a notice on the owner of the premises in which the chimney, relevant plant or other machinery or equipment is found- (i) requiring him, within a reasonable time specified in the notice, to modify, replace, clean or repair the chimney, relevant plant or other machinery or equipment specified in the notice or to take the other steps specified in the notice; (ii) requiring him, within a reasonable time specified in the notice, to install control equipment or a control system or additional control equipment or an additional control system specified in the notice; (iii) requiring him, after a reasonable time specified in the notice, to operate the chimney, relevant plant or other machinery or equipment in the manner specified in the notice; (iv) prohibiting him from using or permitting the use in the relevant plant or other machinery or equipment, after a reasonable time specified in the notice, the fuel, or other material, or mixture of fuels, or other materials specified in the notice. (Replaced 13 of 1993 s. 21)(1A) The Authority may withdraw a notice given under subsection (1). (Added 13 of 1993 s. 21) (2) Any owner who fails, without reasonable excuse, to comply with any of the requirements of a notice duly served upon him under subsection (1) commits an offence and is liable to a fine of $100000 on conviction for a first offence and $200000 and imprisonment for 6 months for a second or subsequent offence and in addition, if the offence is a continuing offence, to a fine of $20000 for each day during which it is proved to the satisfaction of the court that the offence has continued. (Amended 13 of 1993 s. 21) Cap 311 s 30A Contravention of terms and conditions of licence, etc. A licence holder who contravenes any term or condition subject to which the licence is granted to him by the Authority, or an owner of any premises who is exempt under section 20 from the operation of section 13 and who contravenes any term or condition imposed by the Authority in relation to the exemption, commits an offence and is liable to a fine of $100000 on conviction for a first offence and $200000 and imprisonment for 6 months for a second or subsequent offence and in addition, if the offence is a continuing offence, to a fine of $20000 for each day during which it is proved to the satisfaction of the court that the offence has continued. (Added 23 of 1987 s. 12. Amended 13 of 1993 s. 22) Cap 311 s 31 When appeal may be brought; and effect thereof PART VI APPEALS (1) A person may appeal to the Appeal Board if he is aggrieved by a decision, requirement or specification of a public officer under any of the following provisions- (a) section 10(1) (requiring the abatement of air pollution); (Replaced 13 of 1993 s. 23) (b) (Repealed 13 of 1993 s. 23) (c) section 15(1) (refusing to grant a licence); (d) section 15(4) (fixing terms and conditions of licence); (e) section 16(4) (refusing to renew a licence); (f) section 17(1)(a) (imposing new or amended terms or conditions for continuance of a licence); (g) section 17(1)(b) (cancelling a licence); (h) section 17(1)(c) (revoking, amending or adding to a notice or substituting a new notice); (i) section 18(4) (refusing to vary a licence); (j) section 18(7) (fixing terms and conditions for variation of a licence); (ja) section 18A(5) (refusing to transfer a licence); (Added 23 of 1987 s. 13) (jb) section 18A(8) (fixing terms and conditions on transfer of a licence); (Added 23 of 1987 s. 13) (k) section 22(1)(a)(i) (imposing terms and conditions subject to which an exemption may continue in force); (l) section 22(1)(a)(iii) or 22(1)(b) (cancelling an exemption); (m) section 22(1)(c) (amending or adding to a notice or substituting a new notice); (n) section 23(4) (refusing to vary or cancel terms or conditions subject to which an exemption may continue in force); (o) section 27 (requiring information to be furnished); (p) section 30(1)(i) (requiring the modification, replacing, cleaning or repair of or other steps to be taken relating to, a chimney, relevant plant or other machinery or equipment); (Amended 13 of 1993 s. 23) (pa) section 30(1)(ii) (requiring the installation of control equipment or systems); (Added 13 of 1993 s. 23) (pb) section 30(1)(iii) (requiring the operation of a chimney, relevant plant or other machinery or equipment in a specified manner); (Added 13 of 1993 s. 23) (q) section 30(1)(iv) (prohibiting the use of specified fuels or other materials); (Amended 13 of 1993 s. 23) (r) section 40 (refusing to withhold information from public notification or other public access); (Amended 23 of 1987 s. 13) (s) any regulations made under section 43; (t) section 58 (refusal to enter or deferral of entry of an applicant's name in the relevant register); (Added 13 of 1993 s. 23) (u) section 67 (ordering the suspension or removal of registered asbestos persons from the relevant register); (Added 13 of 1993 s. 23) (v) section 72 (requiring the owner to comply with conditions set by the Authority in an asbestos management plan or an asbestos abatement plan); (Added 13 of 1993 s. 23) (w) section 79 (requiring the owner to comply with requirements set by the Authority in an asbestos abatement notice). (Added 13 of 1993 s. 23)(2) An appeal under subsection (1) shall be made by lodging notice of appeal in the prescribed manner and form within 21 days after the person aggrieved has received notice of the decision, requirement or specification. (3) Where the decision, requirement or specification appealed from was made under a provision mentioned in paragraphs (a) or (e) to (j) or (jb) to (m) or (o) to (q) or (v) of subsection (1) the notice thereof shall be suspended from the day on which notice of appeal is duly given to the Authority and until the appeal is disposed of, withdrawn or abandoned, unless- (Amended 23 of 1987 s. 13; 13 of 1993 s. 23) (a) the decision, requirement or specification is considered by the Authority to be necessary because the continuation of the activities, whether licensed or otherwise, to which the notice relates would be, or be likely to be, prejudicial to health; and (b) the notice contains a declaration to that effect.(4) No appeal shall lie under this section where the requirement of the Authority is made with the prior approval of the Governor in Council under section 17(2) or 22(2). (5) The Appeal Board shall refuse to determine an appeal under this section unless- (a) a decision, requirement or specification- (i) is not justified under this Ordinance or a technical memorandum issued under this Ordinance; or (ii) has some material error in content or material defect in administrative procedure;(b) the opinion of the Authority or an authorized officer that air pollution which is caused or contributed to by an emission set out in section 10(2)(h) is unreasonable; (c) the opinion of the Authority or the authorized officer under section 10(2)(b) or (c) that the air pollution is prejudicial to health is unreasonable; or (d) a disciplinary order or order for costs issued under section 67 against a registered asbestos consultant, supervisor, contractor or laboratory is unjustifiable. (Added 13 of 1993 s. 23) Cap 311 s 32 Constitution of Appeal Board (1) Every appeal under section 31 shall be determined by an Appeal Board constituted under this Part. (2) The Governor shall appoint as Chairman of Appeal Boards a person who is qualified in law. (3) Subject to section 34(3), the Chairman shall be appointed for a term of 3 years but may be re-appointed. (Amended 13 of 1993 s. 24) (4) The Governor shall also appoint a panel of persons whom he considers to be suitable for appointment as members of an Appeal Board pursuant to section 33(1). (4A) A member of the panel shall be appointed for a term of 3 years but may be reappointed. (Added 13 of 1993 s. 24) (4B) A member of the panel may resign by giving notice in writing to the Governor. (Added 13 of 1993 s. 24) (5) An appointment under subsection (2) and every appointment to the panel under subsection (4) shall be notified in the Gazette. (6) In subsection (2) and in section 34(1) "qualified in law" (具法律专业资格) means qualified for appointment as a District Judge under section 5 of the District Court Ordinance (Cap 336). Cap 311 s 33 Exercise of Appeal Board's jurisdiction Remarks: Amendments retroactively made - see 25 of 1998 s. 2 (1) The jurisdiction of an Appeal Board on any appeal or group of appeals shall be exercised by the Chairman and such number of persons from the panel referred to in section 32(4) as the Chairman may appoint for that appeal or group of appeals. (2) On any appeal an Appeal Board may confirm, reverse or vary the decision, requirement or specification appealed from. (3) Every question before an Appeal Board shall be determined by the opinion of the majority of the Chairman and the members hearing the appeal except a question of law which shall be determined by the Chairman; in the event of an equality of votes the Chairman shall have a casting vote. (4) An Appeal Board shall not at any time consist of a majority of persons who are public officers. (5) An Appeal Board may- (a) receive evidence on oath; (b) admit or take into account any statement, document, information or matter whether or not it would be admissible as evidence in a court of law; and (c) by notice in writing summon any person to appear before it to produce any document or to give evidence that may reasonably be required.(6) In hearing an appeal, the Appeal Board may make an award for the costs involved in the appeal that is just and equitable in all the circumstances of the case, and for an appeal under section 31(1)(a) or (w) where the appellant was required to cease operations in order to comply with an abatement notice pending the hearing of the appeal, for compensation that is just and equitable in all the circumstances of the case, including the conduct and comparative blameworthiness of the appellant and his servants and agents, and of the public officers and any other persons concerned. (Replaced 13 of 1993 s. 25) (7) The Appeal Board shall have the powers which are vested in the Court of First Instance in the exercise of its powers under subsection (5)(a) or (c). (Amended 25 of 1998 s. 2) (8) The Chairman may determine any form or matter of practice or procedure in so far as no provision is made therefor by or under this Ordinance. (9) If a person- (a) on being summoned as a witness before the Appeal Board fails to attend; (b) attending as a witness refuses to be sworn or to produce a document or to answer a question as the Appeal Board may legally require of him; or (c) does any other thing which would, if the Appeal Board had been a court of law with power to commit for contempt, have been contempt of that court,the Chairman may certify under his hand the act of the person as contempt and the Court of First Instance may inquire into the alleged contempt. (Added 13 of 1993 s. 25. Amended 25 of 1998 s. 2) (10) After hearing any witnesses who may give evidence against or on behalf of the person charged with contempt, the Court of First Instance may punish the person as if he had been guilty of contempt of the Court of First Instance. (Added 13 of 1993 s. 25. Amended 25 of 1998 s. 2) (11) A witness before the Appeal Board is entitled to the same immunities and privileges as if he were a witness in civil proceedings before the Court of First Instance. (Added 13 of 1993 s. 25. Amended 25 of 1998 s. 2) (12) A sum awarded as costs or compensation on an appeal is enforceable as a civil debt and costs payable by the Authority on an appeal are a charge on the general revenue. (Added 13 of 1993 s. 25) Cap 311 s 34 Supplementary provisions as to Appeal Board (1) If the Chairman is precluded by illness, absence from Hong Kong or any other cause from exercising his functions the Governor may appoint any other person qualified in law to act as Chairman and as such to exercise and perform all of the functions, duties and powers of the Chairman during the period of his appointment. (2) If a person appointed by the Chairman under section 33(1) to hear an appeal or group of appeals is precluded by illness, absence from Hong Kong, or any other cause from exercising his functions, the Chairman may appoint any other person from the panel provided for in section 32(4) to act in his place. (3) The Chairman