### Air Pollution Control (Smoke) Regulations 《空氣污染管制(煙霧)規例》

1. Citation
These regulations may be cited as the Air Pollution Control (Smoke) Regulations.

2. Interpretation
In these regulations, unless the context otherwise requires—
approved device (認可器件) means a device specified in the Schedule;
dark smoke (黑煙) means smoke which, if compared in the appropriate manner with the Ringelmann Chart or an approved device, would appear to be as dark as or darker than shade 1 on the Ringelmann Chart; (L.N. 289 of 1990)
Ringelmann Chart (力高文圖表) means a shade chart of the type known at the date of commencement of these regulations as a Ringelmann Chart;
smoke (煙、煙霧) includes—
(a) dust or fumes; and
(b) soot, ash, grit or gritty particles emitted in smoke or steam.

3. Restrictions applicable to dark smoke emission
An owner of any premises who operates any chimney or relevant plant in such a manner that any dark smoke is emitted for more than 6 minutes in any period of 4 hours or for more than 3 minutes continuously at any one time, commits an offence and is liable—
(a) on first conviction, to a fine at level 4 and in addition to a fine of $100 for every one quarter of an hour during the whole or any part of which such offence is knowingly and wilfully continued; and
(b) on any subsequent conviction, to a fine at level 4 and to imprisonment for 3 months and in addition to a fine of $100 for every one quarter of an hour during the whole or any part of which such offence is knowingly and wilfully continued.
(L.N. 289 of 1990; E.R. 5 of 2021)

4. Amendment of Schedule
The Governor may by order amend the Schedule.

### Air Pollution Control (Specified Processes) Regulations 《空氣污染管制(指明工序)規例》

1. Citation
These regulations may be cited as the Air Pollution Control (Specified Processes) Regulations.

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 of the Buildings Ordinance (Cap. 123)—
(a) as an architect therein; or (54 of 1996 s. 29)
(b) as an engineer therein; or (54 of 1996 s. 29)
(c) as a surveyor therein; (54 of 1996 s. 29)

qualified engineer (合資格工程師) means a registered professional engineer in the building services, gas, chemical, environmental, marine or mechanical engineering disciplines under the Engineers Registration Ordinance (Cap. 409). (L.N. 311 of 1993; L.N. 119 of 2009)

3. Designation of noxious or offensive emissions
The noxious or offensive emissions specified in the First Schedule are designated as noxious or offensive emissions for the purposes of the Ordinance.

4. Form of applications, etc.
(1) An application under section 14(1) of the Ordinance for a licence to conduct a specified process in any premises shall be made in Form 1 in the Second Schedule.
(2) An application under section 16(1) of the Ordinance for a renewal of a licence shall be made in Form 2 in the Second Schedule not earlier than 120 days and not later than 60 days before the expiry of the licence.
(3) An application under section 18(1) of the Ordinance for a variation of a licence, or under section 23(1) of the Ordinance for a variation or cancellation of any term or condition of an exemption for the conduct of a specified process, shall be made in Form 3 in the Second Schedule.
(4) An application under section 18A of the Ordinance for a transfer of a licence shall be made in Form 4 in the Second Schedule.

5. Notice to licence holder
The Authority shall give notice in writing to the licence holder of the provisions of regulations 4(2), 6, 9 and 10 not earlier than 130 days and not later than 120 days before the expiry of his licence.

### Air Pollution Control (Specified Processes) Regulations 《空氣污染管制(指明工序)規例》

6. Late applications for renewal
(1) Notwithstanding regulation 4(2), if an application for renewal of a licence is received by the Authority less than 60 days before the expiry of the licence, the Authority shall entertain the application.
(2) Notwithstanding regulation 4(2), if an application for renewal of a licence is received by the Authority within 60 days after the date of expiry of the licence, the Authority shall entertain the application.

7. Fees
(1) The fees specified in the Third Schedule are prescribed for the purposes of the Ordinance.
(2) No refund shall be made of any application fee.

8. Preparation of plans and specifications submitted with applications
All plans and specifications submitted with or in relation to any application prescribed in these regulations shall be prepared by a qualified engineer or an authorized person.

9. Status of licences pending decision on applications for renewal under regulation 4(2)
A licence which is the subject of an application for renewal made in accordance with regulation 4(2), if the Authority—
(a) renews the licence before or after the date of its expiry, shall continue in force until such renewal;
(b) refuses to renew the licence before or after the date of its expiry, shall continue in force—
(i) until the expiry of the time for appealing against the refusal prescribed in section 31 (2) of the Ordinance; or
(ii) where the applicant appeals against the refusal under section 31(2) of the Ordinance, until the appeal is disposed of, withdrawn or abandoned.

10. Status of licences pending decision on applications for renewal under regulation 6
(1) A licence which is the subject of an application for renewal made in accordance with regulation 6(1), if the Authority—
(a) decides to renew, or to refuse to renew, the licence before the date of its expiry, shall continue in force—
(i) where renewal is granted, until such renewal; or
(ii) where renewal is refused—
(A) until the expiry of the time for appealing against the refusal prescribed in section 31(2) of the Ordinance; or
(B) where the applicant appeals against the refusal under section 31(2) of the Ordinance, until the appeal is disposed of, withdrawn or abandoned;
(b) is unable to decide to renew, or to refuse to renew, the licence before the date of its expiry, shall cease to be in force with effect from the date of its expiry.
(2) A licence which is the subject of an application for renewal made in accordance with regulation 6(2) shall cease to be in force with effect from the date of its expiry.