法邦网—法律法规查看

To empower appropriate measures to be taken to prevent, mitigate and repair pollution of and damage to the waters, foreshore and adjoining areas of Hong Kong arising from oil spillage, and for matters incidental thereto and connected therewith. [17 June 1977] (Originally 44 of 1977) Cap 247 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Oil Pollution (Land Use and Requisition) Ordinance. Cap 247 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "competent authority" (主管当局) means a competent authority appointed under section 3, the Director of Civil Engineering and Development and the Director of Marine; (Amended L.N. 76 of 1982; L.N. 127 of 1986; L.N. 364 of 1991; L.N. 104 of 2004) "land" (土地) includes land covered with water, and any building or part of any building; "oil" (油、油类) means oil of any description, spirit produced from oil, coal tar, a mixture containing oil, and waste material consisting of or arising from oil; "requisition" (征用), in relation to any property, means to require the use of the property, or to require the property to be placed at the disposal of the authority or officer requisitioning it, or to take possession of the property; "specified purpose" (指明目的) means the prevention, clearing-up or repair, as the case may be, of pollution, fouling or damage of or to the waters of Hong Kong, the foreshore and adjacent areas, beaches, coastal amenities, piers and marine life, caused by oil. (Amended 34 of 2000 s. 3) Cap 247 s 3 Appointment of competent authority Remarks: Adaptation amendments retroactively made - see 34 of 2000 s. 3 The Chief Executive may appoint a public officer to be a competent authority for the purposes of this Ordinance. (Amended 34 of 2000 s. 3) Cap 247 s 4 Operation of Part II Remarks: Adaptation amendments retroactively made - see 34 of 2000 s. 3 PART II POWER TO ENTER AND REQUISITION PROPERTY (1) This Part shall not come into operation except on such day as the Chief Executive may appoint by order and, subject to subsection (2) but without prejudice to the making of further orders under this subsection, shall then remain in force for 30 days. (2) Without prejudice to his power to make further orders under subsection (1), the Chief Executive may by order discontinue the operation of this Part by revoking the order under subsection (1). (3) An order under this section need not be published in the Gazette prior to its commencement, but shall be given such publicity as the Chief Executive may deem fit, and shall as soon as may be convenient be published for information in the Gazette. (Amended 34 of 2000 s. 3) Cap 247 s 5 Power to enter and use land (1) Any public officer so directed by a competent authority may, for a specified purpose and accompanied by such other public officers or other persons as he thinks necessary- (a) enter any land, and pass over any land; (b) use any land and conduct therein any operation; and (c) remove from any land or prevent from entry to any land any person, including the owner or occupier thereof:Provided that such a power shall not be exercised in relation to any part of a building used for residential purposes unless the competent authority's directions are given in writing. (2) Any such public officer may cause to be taken on to any land such vehicles, machinery, equipment and material as he thinks necessary for the specified purpose. Cap 247 s 6 Power to requisition property (1) A competent authority and any public officer authorized in that behalf by a competent authority in writing may, if and for so long as it appears to him to be necessary or expedient for a specified purpose- (Amended L.N. 307 of 1998) (a) requisition any property, other than land, vessels registered outside Hong Kong and aircraft; (Amended 23 of 1998 s. 2) (b) give such directions and take such steps as appear to him to be necessary to secure effective use or possession of the requisitioned property; and (c) use and deal with any such property as if he were the owner thereof.(2) All property requisitioned under subsection (1) shall as far and as soon as practicable be returned to the owner or person from whom it was requisitioned. Cap 247 s 7 Compensation PART III COMPENSATION (1) Any person who sustains loss or damage in consequence or arising out of the exercise of any power under Part II, or is entitled to the use of or rent from any property requisitioned under section 6, shall, subject to this Part, be entitled to recover such compensation as is just having regard to all the circumstances of the case. (2) A claim for compensation under this Ordinance shall be made in writing to the Director of Lands not later than 3 months after the last day on which the power was exercised or the use of any land or requisitioned property ceased: Provided that the Director of Lands may, in any particular case, extend the period for making claims. (Amended L.N. 245 of 1981; L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993) (3) Upon receipt of a claim, the Director of Lands shall as soon as practicable cause the amount of compensation to be assessed and notice of the amount assessed to be served upon the claimant personally or by registered post. (Amended L.N. 245 of 1981; L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993) (4) If the claimant agrees in writing that he accepts such amount in full settlement of his claim, that amount shall be paid to the claimant. Cap 247 s 8 Compensation to be determined by civil proceedings in default of agreement In the absence of agreement as to- (a) whether compensation is payable under this Ordinance; or (b) the amount of such compensation; or (c) the person to whom it is payable,the issue shall be determined in civil proceedings begun by the claimant not later than 3 months after the service upon him of notice under section 7(3), and no compensation shall be due or payable otherwise than so determined. Cap 247 s 9 Compensation to be paid from general revenue PART IV MISCELLANEOUS Compensation payable under this Ordinance is charged on and shall be paid out of the general revenue of Hong Kong. Cap 247 s 10 Liability for costs of cleaning-up operations Remarks: Adaptation amendments retroactively made - see 34 of 2000 s. 3 (1) The owner of- (a) a vessel from which oil, not being part of a cargo of persistent oil in bulk within the meaning of the Merchant Shipping (Liability and Compensation for Oil Pollution) Ordinance (Cap 414), has escaped or been discharged within the waters of Hong Kong; or (Amended 38 of 1990 s. 32; 34 of 2000 s. 3) (b) any installation or container, whether on land or in or on water, not being a vessel or part thereof, from which any oil has escaped or been discharged into the waters of Hong Kong, (Amended 34 of 2000 s. 3)shall be liable to the Government for the costs of all measures taken under this Ordinance or otherwise reasonably taken by the Government for a specified purpose in relation to the escape or discharge of oil, including the amount of any compensation reasonably paid under Part III. (2) In any proceedings by the Government to recover any costs referred to in subsection (1), a certificate purporting to be signed by the Director of Accounting Services shall, unless the contrary is proved, be proof of the amount of the costs incurred. (3) In this section "owner" (拥有人), in relation to a registered ship, means the person or persons registered as its owner, except that in relation to a ship owned by a State which is operated by a person registered as the ship's operator, it means the person registered as its operator. Cap 247 s 11 Offences Any person who without reasonable excuse- (a) obstructs a competent authority, or a public officer acting in exercise of his powers under this Ordinance, or any public officer or other person accompanying or assisting any such public officer; or (b) fails to comply with any direction given under section 6(1),commits an offence and is liable to a fine of $20000 and to imprisonment for 1 year.