### Air Pollution Control (Fuel Restriction) Regulations 《空氣污染管制(燃料限制)規例》

2. Interpretation
In these regulations, unless the context otherwise requires—
competent examiner (合資格檢驗師) means a registered professional engineer in the building services, gas, chemical, environmental, marine and naval architecture or mechanical discipline under the Engineers Registration Ordinance (Cap. 409); (L.N. 123 of 2008)
construction site (建造工地) means a place where construction work is carried out;
construction work (建造工程) means—
(a) the alteration, construction, demolition, maintenance, reconstruction, repair or shoring of the whole or any part of any airport, arch, bridge, building, channel, chimney, dock, drain, embankment, hoarding, lighting, pier, public utility, railway, road, service lane, shelter, slope, street, tramway, tunnel, wall, water conduit, wharf or other structure;
(b) dredging;
(c) the extraction from the earth of any matter whatsoever;
(d) piling;
(e) quarrying; and
(f) the reclamation of any foreshore and sea-bed;

conventional solid fuel (常規固體燃料) has the same meaning as in regulation 3(2) of the Air Pollution Control (Furnaces, Ovens and Chimneys) (Installation and Alteration) Regulations (Cap. 311 sub. leg. A); (L.N. 123 of 2008)
electricity works (電力工程) means the process specified in item 7 of the First Schedule to the Ordinance as “Electricity Works” and described therein;
restricted liquid fuel (受限制液體燃料) means any liquid fuel that has—
(a) a sulphur content of more than 0.005% by weight; or
(b) a viscosity of more than 6 centistokes at 40oC; (L.N. 123 of 2008)

Sha Tin fuel restriction area (沙田燃料限制區) means the Sha Tin fuel restriction area delineated and edged blue on a plan numbered FR/50/4 signed by the Secretary for Health and Welfare on 27 October 1988 and deposited in the Land Office, Victoria;
specified emission limit (指明排放限度), in relation to a specified pollutant, means the emission limit specified in column 2 of Schedule 1 opposite the pollutant; (L.N. 123 of 2008)
specified pollutant (指明污染物) means sulphur dioxide, nitrogen oxides or respirable suspended particulates; (L.N. 123 of 2008)
viscosity (黏度) has the same meaning as in regulation 2 of the Air Pollution Control (Dust and Grit Emission) Regulations (Cap. 311 sub. leg. B).

### Air Pollution Control (Fuel Restriction) Regulations 《空氣污染管制(燃料限制)規例》

3. Application
These regulations do not apply to—
(a) any relevant plant that—
(i) is used or operated in premises used solely as a dwelling;
(ii) is used or operated in or on a vessel, motor vehicle, railway locomotive or aircraft; or
(iii) is used or operated in premises used solely for the conduct of electricity works and in respect of which premises the owner thereof is the holder of a licence granted under section 15(1) of the Ordinance prior to the commencement date* of these regulations or is exempt under section 20(1) of the Ordinance in respect of those works from the operation of section 13 of the Ordinance prior to that date; or
(b) the use or consumption of gaseous fuel.

Editorial Note:
* Commencement date: 1 July 1990.

4. Restriction on use of liquid fuel and solid fuel in Sha Tin fuel restriction area
(L.N. 123 of 2008)(1) Subject to subregulation (5), no person shall use liquid fuel or solid fuel in any relevant plant in the Sha Tin fuel restriction area. (L.N. 123 of 2008)
(2)-(3) (Repealed L.N. 123 of 2008)(4) The Secretary shall—
(a) keep available at his office, for public inspection at all reasonable times, a copy of the plan of the Sha Tin fuel restriction area; and
(b) at the request of any person, deliver to that person a copy of that plan at such charge as the Secretary may specify.
(5) A person may use any liquid fuel other than restricted liquid fuel in any relevant plant that— (L.N. 123 of 2008)
(a) is used or operated only on a construction site; or
(b) is used or operated, or intended for use or operation, only during an emergency.

4A. Restriction on use of restricted liquid fuel in relevant plants outside Sha Tin fuel restriction area
Subject to regulation 4B, no person shall use restricted liquid fuel in a relevant plant outside the Sha Tin fuel restriction area.
(L.N. 123 of 2008)

### Air Pollution Control (Fuel Restriction) Regulations 《空氣污染管制(燃料限制)規例》

4C. Duties of persons using restricted liquid fuel in relevant plants and owners of relevant plants
(1) A person who uses restricted liquid fuel in a relevant plant under regulation 4B(1) shall ensure that—
(a) the plant is properly operated and maintained;
(b) the emission control device installed in or used with the plant, if any—
(i) complies with the operation and maintenance requirements of the device set out in the certificate of compliance pursuant to regulation 4B(3)(c); and
(ii) is properly operated and maintained;
(c) if the certificate states that the removal efficiency for each specified pollutant at maximum fuel consumption rate of the plant is required to be measured during its validity period—
(i) the removal efficiency is measured at the frequency, and in accordance with the means, set out in the certificate pursuant to regulation 4B(4); and
(ii) the removal efficiency from the measurement is not lower than that set out in the certificate pursuant to regulation 4B(3)(e); and
(d) the sulphur content and viscosity of the restricted liquid fuel used do not exceed their respective maximum limit set out in the certificate pursuant to regulation 4B(3)(f).
(2) The owner of a relevant plant shall—
(a) keep, or cause to be kept, a certificate of compliance issued in respect of the plant for a period of 3 years after issue; and
(b) produce, or cause to be produced, the certificate for inspection on request by the Authority during the period of 3 years.
(L.N. 123 of 2008)

4D. Restriction on use of conventional solid fuel in relevant plants outside Sha Tin fuel restriction area
No person shall use conventional solid fuel that has a sulphur content of more than 1% by weight in a relevant plant outside the Sha Tin fuel restriction area.
(L.N. 123 of 2008)

### Air Pollution Control (Fuel Restriction) Regulations 《空氣污染管制(燃料限制)規例》

5. Offence
(1) Any person who contravenes regulation 4(1), 4A, 4C(1) or 4D commits an offence and is liable to a fine at level 4 and imprisonment for 6 months, and in addition, to a fine not exceeding $5,000 for each day during the whole or any part of which the offence continues. (L.N. 123 of 2008; E.R. 5 of 2022)
(2) A competent examiner who contravenes regulation 4B(2) or (5) commits an offence and is liable—
(a) on a first conviction, to a fine at level 5; and
(b) on a subsequent conviction, to a fine at level 5 and to imprisonment for 3 months. (L.N. 123 of 2008)
(3) The owner of a relevant plant who contravenes regulation 4C(2) commits an offence and is liable—
(a) on a first conviction, to a fine at level 5; and
(b) on a subsequent conviction, to a fine at level 5 and to imprisonment for 3 months. (L.N. 123 of 2008)

7. (Omitted as spent—E.R. 5 of 2022)