### Air Pollution Control Ordinance 《空氣污染管制條例》

83. Exemption from section 80
(1) On application, the Authority may exempt a person from a prohibition imposed under section 80(1) if the Authority considers that the exemption—
(a) is warranted; and
(b) would be unlikely to lead to a health risk to the community.
(2) The Authority—
(a) may impose any condition subject to which the exemption is granted; and
(b) may withdraw the exemption at any time.
(3) If the person fails to comply with a condition of the exemption, the person commits an offence and is liable on conviction to a fine of $200,000 and to imprisonment for 6 months.
(Added 1 of 2014 s. 8)

84. Seizure etc. of asbestos or asbestos containing material following conviction under section 80
(1) If a person is convicted of an offence under section 80(2), the Authority or an authorized officer may—
(a) seize, remove, destroy or otherwise dispose of the asbestos or asbestos containing material connected with the offence; or
(b) by notice require the person to remove, destroy or otherwise dispose of the asbestos or asbestos containing material within the time and in the manner specified in the notice.
(2) If the person fails to comply with a requirement in the notice—
(a) the person commits an offence and is liable on conviction to a fine of $200,000 and to imprisonment for 6 months;
(b) the Authority or an authorized officer may, without further notice, seize, remove, destroy or otherwise dispose of the asbestos or asbestos containing material connected with the offence; and
(c) the person is liable to the Government for any costs incurred under paragraph (b) (including the transportation and storage costs of the asbestos or asbestos containing material).
(3) The costs under subsection (2)(c) are recoverable as a civil debt due to the Government.
(Added 1 of 2014 s. 8)

### Air Pollution Control (Furnaces, Ovens and Chimneys) (Installation and Alteration) Regulations 《空氣污染管制(火爐、烘爐及煙囱)(安裝及更改)規例》

1. Citation
These regulations may be cited as the Air Pollution Control (Furnaces, Ovens and Chimneys) (Installation and Alteration) Regulations.
(17 of 1983 s. 50)

2. Interpretation
In these regulations, unless the context otherwise requires—
authorized person (認可人士) means a person whose name is for the time being on the authorized persons’ register kept under section 3(1) of the Buildings Ordinance (Cap. 123)— (L.N. 261 of 1987)
(a) as an architect therein; or
(b) as an engineer therein; or
(c) as a surveyor therein; (54 of 1996 s. 28)

occupier (佔用人) means—
(a) the occupier of premises on which a furnace, oven, chimney or flue is to be installed, altered or modified; and
(b) the person having the management or control or receiving the profits of the business carried on in such premises;

qualified engineer (合資格工程師) means a registered professional engineer in the building services, gas, chemical, marine or mechanical engineering disciplines under the Engineers Registration Ordinance (Cap. 409); (L.N. 310 of 1993)
specifications (規格) in relation to a furnace, oven, chimney or flue means the specifications prescribed under regulation 7.
(L.N. 36 of 1975; L.N. 202 of 1979)

### Air Pollution Control (Furnaces, Ovens and Chimneys) (Installation and Alteration) Regulations 《空氣污染管制(火爐、烘爐及煙囱)(安裝及更改)規例》

3. Application
(1) These regulations shall not apply to premises on which any work is intended to be carried out in relation to the installation, alteration or modification of—
(a) a furnace or oven, or a chimney or flue connected thereto, which consumes not more than—
(i) 25 litres of conventional liquid fuel per hour; or
(ii) 35 kilograms of conventional solid fuel per hour; or
(iii) 1 150 megajoules of any gaseous fuel per hour;
(b) a furnace or oven which is operated solely by electricity; or
(c) a furnace, oven, chimney or flue used for the conduct of a specified process upon any premises where—
(i) the conduct of that specified process is licensed under the Ordinance; or
(ii) the owner of such premises is exempt from the operation of section 13 of the Ordinance by reason of the application of section 20 of the Ordinance in relation to that specified process. (L.N. 261 of 1987)
(1A) (Repealed L.N. 423 of 1990)(2) In this regulation—
conventional liquid fuel (常規液體燃料) means kerosene, diesel oil, petroleum and any equivalent liquid fuel;
conventional solid fuel (常規固體燃料) means coal, coke, charcoal, wood and any equivalent solid fuel.

4. Submission of plans for approval by Authority
(1) The occupier of any premises on which work is intended to be carried out in relation to— (L.N. 261 of 1987)
(a) the installation on the premises of a furnace, oven, chimney or flue;
(b) the alteration or modification of a furnace, oven or chimney existing on the premises; or
(c) the alteration or modification of a flue between a furnace and chimney or between an oven and chimney existing on the premises,
shall, not less than 28 days prior to the commencement of such work, submit to the Authority for his approval plans showing the elevations and plan views of the furnace, oven, chimney or flue which is to be installed, altered or modified, together with specifications of the same. (L.N. 202 of 1979; 17 of 1983 s. 50)
(2) Any plans and specifications submitted to the Authority in pursuance of an application under section 14, 16, 18 or 23 of the Ordinance shall be deemed to have been submitted also for the purposes of paragraph (1) if those plans and specifications include the plans and specifications of any furnace, oven, chimney or flue. (L.N. 261 of 1987)

### Air Pollution Control (Furnaces, Ovens and Chimneys) (Installation and Alteration) Regulations 《空氣污染管制(火爐、烘爐及煙囱)(安裝及更改)規例》

5. Power of Authority to require additional plan
The Authority may, if he considers it necessary, require the occupier to submit for his approval, in addition to the plans required by regulation 4, a block plan showing the buildings surrounding the premises and may specify the period within which such block plan shall be submitted to him.
(L.N. 202 of 1979; 17 of 1983 s. 50)

6. Plans to be prepared by authorized person or qualified engineer and to scale
A plan submitted under regulation 4 or 5 to the Authority for approval shall be—
(a) if it is a block plan—
(i) prepared by an authorized person; and
(ii) drawn to a scale of not less than 1:500; and
(b) if it is a plan showing elevations or plan views—
(i) prepared by either an authorized person or a qualified engineer; and
(ii) drawn to a scale of not less than 1:100.
(L.N. 202 of 1979; 17 of 1983 s. 50; L.N. 261 of 1987)