### Dumping at Sea Ordinance 《海上傾倒物料條例》

3. Application to Government
(1) This Ordinance binds the Government.
(2) If the Authority considers that a public officer, in carrying out his duties in the service of the Government, has done, or omitted to do, something that contravenes this Ordinance, the Authority shall, if the act or omission is not immediately terminated to his satisfaction, report the matter to the Chief Secretary for Administration.
(3) On receiving a report, the Chief Secretary for Administration shall inquire into the matter and, if his inquiry shows that a public officer is continuing to contravene this Ordinance or is likely to contravene the Ordinance again, the Chief Secretary for Administration shall ensure that the best practicable steps are taken to stop the contravention or avoid the recurrence.
(Amended L.N. 362 of 1997)

4. Designation of Authority, etc.
(1) The Director of Environmental Protection is designated as the Authority under this Ordinance.
(2) The Secretary for Environment and Ecology is designated as the Secretary for the purposes of this Ordinance. (Amended 78 of 1999 s. 7; L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)
(3) The Chief Executive may by order published in the Gazette amend this section to designate another person as the Authority or the Secretary. (Amended 34 of 2000 s. 3)

5. Authorized officers, etc.
(1) The Authority may appoint authorized officers to carry out his functions and powers under this Ordinance other than the power to appoint authorized officers under this section.
(2) The Authority may employ persons to assist him and authorized officers to carry out his functions under this Ordinance.

### Dumping at Sea Ordinance 《海上傾倒物料條例》

6. Register
(1) The Authority shall—
(a) compile a register containing the particulars of the permits he issues;
(b) make the register available for public inspection free of charge and at reasonable hours; and
(c) give a copy of an entry in the register for a permit to a person on payment of a prescribed fee.
(2) The Authority shall record in the register—
(a) the name of the permit holder;
(b) the period of validity of the permit;
(c) for a scuttling operation—
(i) the name of the owner of the vessel to be scuttled; and
(ii) a description of the vessel to be scuttled;
(d) for a dumping or incineration operation—
(i) the name, where known, of the producer of the substances or articles to be dumped or incinerated;
(ii) a description and quantity of the substances or articles to be dumped or incinerated;
(iii) the country of origin of the substances or articles to be dumped or incinerated; and
(iv) the nature of the container, if any, in which the substances or articles to be dumped or incinerated will be contained when they are dumped or incinerated;
(e) the site at which the dumping, incineration or scuttling is to take place;
(f) the place from which the substances, articles or vessel are to be taken to the site for dumping, incineration or scuttling.

7. Designation of marine dumping areas
(1) The Authority may designate an area within Hong Kong waters as a marine dumping area.
(2) In determining the suitability of an area for designation as a marine dumping area, the Authority shall have regard to—
(a) the need to protect the marine environment, the living resources which it supports and human health;
(b) the need to prevent interference with other legitimate uses of the sea; and
(c) the proposed quantity and type of material to be dumped.
(3) The Authority shall publish notice in the Gazette of an area designated as a marine dumping area.
(4) The Authority shall not issue a permit for an operation in a marine dumping area until he has published notice of the area in the Gazette.

### Dumping at Sea Ordinance 《海上傾倒物料條例》

9. Requirement of permit for incineration at sea
(1) An operation described in this subsection requires a permit under this section—
(a) loading a vessel or marine structure in Hong Kong or Hong Kong waters with substances or articles for incineration anywhere at sea; or
(b) incinerating substances or articles on a vessel or marine structure—
(i) in the waters of Hong Kong; or
(ii) anywhere at sea, if the incineration takes place on a Hong Kong vessel or other Hong Kong marine structure.
(2) A person who is a waste producer of a substance or article that is to be incinerated at sea shall hold a permit before authorizing or performing—
(a) a loading operation under subsection (1)(a); or
(b) an incineration operation under subsection (1)(b).
(3) A person shall apply for a permit in the form that the Authority directs specifying—
(a) the name and address of the waste producer;
(b) the mode of transportation from the site of waste production to the point of incineration at sea;
(c) a description of the substance or article to be incinerated;
(d) the name of the transport operators carrying the waste from the site of waste production to the point of incineration at sea;
(e) the loading point in Hong Kong;
(f) the location of incineration at sea;
(g) the name of the operator of the incinerator; and
(h) such other information as the Authority may reasonably require to determine whether or not to issue a permit.

### Dumping at Sea Ordinance 《海上傾倒物料條例》

11. Exemptions
(1) The Secretary may order that specified operations—
(a) do not need a permit; or
(b) do not need a permit if they satisfy conditions specified in the order.
(2) Without limiting the power of the Secretary under subsection (1)(b) to specify other conditions, the Secretary may specify conditions requiring a person to obtain the Authority’s approval before the person does anything for which a permit would otherwise be needed.
(3) The Authority may approve an operation under subsection (2) with or without conditions and may withdraw his approval if the person carrying out the exempted operation fails to comply with a condition imposed under this section.

12. Marine pollution abatement notice
(Not yet in operation)
(1) Where the Authority is satisfied that—
(a) marine construction work;
(b) dredging;
(c) marine borrowing;
(d) land reclamation; or
(e) stock piling on the sea-bed,
is causing or contributing to marine pollution which exists or which is imminent, the Authority may serve a marine pollution abatement notice on—
(i) the master of a vessel or commander of an aircraft;
(ii) the person in charge of a vehicle or marine structure; or
(iii) the person,
carrying out the activity or responsible for the activity.
(2) The Authority may require a person served with a marine pollution abatement notice—
(a) to cease dumping marine pollutants;
(b) to cease the dumping activity;
(c) to take other steps to abate the dumping of marine pollutants from the activity;
(d) to undertake the activity so that it does not cause the quality of the water in the vicinity of the activity to exceed the levels set out in the notice;
(e) to provide, operate and maintain a facility to measure characteristics and constituents of sea water and the discharge.
(3) The Authority may, in serving a marine pollution abatement notice, either—
(a) require that the notice be complied with immediately; or
(b) state a time by which the person served with the notice shall comply with the notice.
(4) A person served with a marine pollution abatement notice shall notify the Authority when the person has complied with the notice.
(5) If the Authority considers that a person should be given further directions relating to marine pollution, the Authority may—
(a) serve an additional marine pollution abatement notice;
(b) withdraw an existing marine pollution abatement notice and serve a new marine pollution abatement notice.