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

69. Investigation for asbestos
(1) The owner of premises which contain or may reasonably be suspected of containing asbestos containing material shall engage a registered asbestos consultant to carry out an investigation on any asbestos containing material which may be in the premises and submit an asbestos investigation report in accordance with section 70 and, if asbestos containing material is found in the premises, an asbestos abatement plan in accordance with section 71 at least 28 days before he carries out any intended asbestos abatement work or work which involves the use or handling of any asbestos containing material.
(2) An owner is not required to submit an asbestos investigation report or an asbestos abatement plan under subsection (1) if the asbestos abatement work or work involving the use or handling of asbestos containing material is of a class specified by the Secretary.
(3) The Secretary shall publish notice in the Gazette of a class of work specified under subsection (2).
(4) The owner of premises specified by the Authority shall, unless the premises have been certified in writing by the Director of Architectural Services or a public officer authorized by the Secretary as being free of asbestos containing material, engage a registered asbestos consultant to carry out an investigation on any asbestos containing material which may be present in the premises.
(5) If premises are—
(a) converted to a use; or
(b) constructed for a purpose,
that would make them premises specified by the Authority under subsection (4)—
(i) the owner of the premises shall comply with; and
(ii) the premises are deemed to be premises specified by the Authority under,
that subsection.
(6) The Secretary shall publish notice of the specification of premises under subsection (4) in the Gazette.
(7) The owner of premises specified under subsection (4) shall submit an asbestos investigation report in accordance with section 70 to the Authority before the date stated in the notice specifying the premises.
(8) If the registered asbestos consultant finds the presence of asbestos containing material in premises specified under subsection (4), the owner of the premises shall submit to the Authority an asbestos management plan in accordance with section 71 and an asbestos investigation report both prepared by the registered asbestos consultant.
(9) A person who—
(a) carries out work on premises contrary to subsection (1);
(b) fails to submit an asbestos investigation report contrary to subsection (7); or
(c) fails to submit an asbestos management plan contrary to subsection (8),
commits an offence and is liable to a fine of $200,000 and to a further fine of $5,000 for each day during the whole or part of which the court is satisfied that the offence has continued.

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

70. Contents of asbestos investigation report
A registered asbestos consultant shall sign an asbestos investigation report on premises or a ship when required under this Ordinance and the report shall include details of—
(a) the identity of the owner of the premises or ship;
(b) the location and type of the premises or ship;
(c) the names of the registered asbestos consultant and registered asbestos laboratory carrying out the investigation;
(d) the methods adopted for the investigation;
(e) the results of the investigation;
(f) an assessment of hazards of asbestos containing material in the premises or ship with particular reference to—
(i) the quantity, type and composition;
(ii) the friability;
(iii) the physical condition;
(iv) the accessibility;
(v) the position in relation to the path of natural and artificial ventilation; and
(vi) the population and activities in the immediate vicinity.

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

71. Contents of asbestos management plan
(1) A registered asbestos consultant shall sign an asbestos management plan when required under this Ordinance and the plan shall include—
(a) an operation and maintenance plan for asbestos containing material not requiring asbestos removal work; and
(b) an asbestos abatement plan for any asbestos abatement work or work which involves the use or handling of any asbestos containing material.
(2) The registered asbestos consultant shall include in the operation and maintenance plan—
(a) a detailed description of the premises or ship;
(b) the names, positions and structure of the organization of people in charge of the implementation of the plan;
(c) the location and type of all the identified asbestos containing material;
(d) the physical condition of the identified asbestos containing material;
(e) a statement of reasons why any asbestos containing material should not be removed;
(f) the method of labelling of all asbestos containing material;
(g) the method of informing all people who may be affected about the existence and the location of the asbestos containing material;
(h) a surveillance scheme;
(i) a record keeping scheme;
(j) the methods by which the disturbance of asbestos containing material can be avoided; and
(k) the actions to be taken in case the condition of the asbestos containing material is found to be deteriorating.
(3) The registered asbestos consultant shall include in an asbestos abatement plan—
(a) a detailed description of the premises or ship;
(b) the names of the registered asbestos consultant, registered asbestos contractor, and registered asbestos laboratory;
(c) a statement of reasons why any asbestos containing material should not be removed;
(d) a programme for asbestos abatement work;
(e) descriptions of methods, measures and steps for checking the performance of the asbestos control measures before, during and after the asbestos abatement work or work which involves the use or handling of asbestos containing material;
(f) the amount of asbestos waste and the method of disposal; and
(g) any emergency procedures and contingency measures which may be required.
(4) The Authority may, after receiving an asbestos management plan or an asbestos abatement plan, require the owner of the premises or ship to submit further plans and specifications within the period specified by the Authority.

72. Issue of conditions
(1) The Authority may, by notice in writing to the owner of premises or a ship, require additional measures or impose conditions as he considers necessary to be included in an asbestos management plan or an asbestos abatement plan.
(2) A person who is aggrieved by a requirement or specification of the Authority under subsection (1) may appeal, within 21 days after he has received notice of the requirement or specification, to an Appeal Board.

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

73. Notification of commencement of asbestos abatement work
(1) The owner of premises shall give not less than 28 days’ written notice to the Authority of the date on which the asbestos abatement work or work involving the use or handling of asbestos containing material is to be commenced.
(2) A person who fails to comply with subsection (1) commits an offence and is liable to a fine of $200,000.

74. Appointment and duties of registered asbestos consultants
(1) An owner of premises who implements an asbestos management plan or an asbestos abatement plan in the premises shall appoint a registered asbestos consultant to supervise the carrying out of the work specified in the plan.
(2) If a registered asbestos consultant so appointed becomes unwilling to act or unable to act, whether by reason of the termination of his appointment or for any other reason, the owner shall appoint another registered asbestos consultant and notify the Authority.
(3) A registered asbestos consultant so appointed shall—
(a) supervise the carrying out of the asbestos management plan or an asbestos abatement plan and the conduct of any asbestos abatement work;
(b) notify the Authority of any modification of the content of the asbestos management plan or an asbestos abatement plan before implementing the modification; and
(c) notify the Authority of any contravention of a requirement under this Ordinance or in respect of a step, measure, requirement and condition in an asbestos management plan or an asbestos abatement plan, or required by the Authority.

75. Appointment and duties of registered asbestos contractors
(1) An owner of premises who implements an asbestos abatement plan or carries out work which involves the use or handling of any asbestos containing material in the premises shall appoint a registered asbestos contractor to carry out the work.
(2) If a registered asbestos contractor so appointed becomes unwilling to act or unable to act, whether by reason of the termination of his appointment or for any other reason, the owner shall appoint another registered asbestos contractor and shall notify the Authority.
(3) A registered asbestos contractor appointed under this section shall give continuous supervision through registered asbestos supervisors stationed continuously at the asbestos abatement area to supervise the carrying out of the asbestos abatement plan, asbestos abatement work or work which involves the use or handling of any asbestos containing material and any related work.
(4) An owner is not required to appoint a registered asbestos contractor to carry out any work which involves the use or handling of any asbestos containing material in premises if the work is of a class specified by the Secretary.
(5) The Secretary shall publish notice in the Gazette of a class of work specified under subsection (4).