### Waste Disposal Ordinance 《廢物處置條例》

32. Protection of Crown, etc.
(1) No liability shall rest on the Crown or upon any public officer by reason of the fact that any waste collection or waste disposal licence is issued under this Ordinance. (Amended 8 of 1986 s. 8)
(2) A public officer shall not be personally liable in respect of any act or omission of his if it was done or made by him in the honest belief that it was required or authorized in exercise of any power, function or duty of his under this Ordinance.
(3) The protection conferred on public officers by subsection (2) in respect of any act or omission shall not in any way affect any liability of the Crown for that act or omission. (Amended 8 of 1986 s. 8)
(Amended 78 of 1999 s. 7)

### Waste Disposal Ordinance 《廢物處置條例》

34. Advisory Council on the Environment
If any question arises as to who are the body of persons for the time being constituting the Advisory Council on the Environment mentioned in section 33 the matter shall be referred to the Chief Secretary for Administration who shall determine the question by certificate under his hand.
(Amended L.N. 165 of 1984; L.N. 57 of 1994; L.N. 362 of 1997)

35. Codes of Practice
(1) The Secretary may, after consultation with the Advisory Council on the Environment, prepare and revise Codes of Practice giving guidance and directions as to the collection, storage, treatment, transportation and disposal of waste. (Amended L.N. 244 of 1981; L.N. 370 of 1981; L.N. 18 of 1983; L.N. 165 of 1984; 58 of 1987 s. 12; L.N. 244 of 1989; L.N. 57 of 1994; 78 of 1999 s. 7)
(2) A failure on the part of any person to observe any Code of Practice issued under subsection (1) shall not of itself render that person liable to criminal proceedings of any kind but any such failure may, in any proceedings whether civil or criminal and including proceedings for an offence under this Ordinance, be relied upon as tending to establish or to negative any liability which is in question in those proceedings.

### Waste Disposal Ordinance 《廢物處置條例》

36. Application of Ordinance to Crown
(1) Subject to this section, this Ordinance shall bind the Crown.
(2) Sections 16, 17, 19 and 20 shall not have effect to permit proceedings to be taken against, or to impose any criminal liability on, the Crown or any person who does any act which he is required to do in the course of carrying out his duties in the service of the Crown.
(3) If it appears to the Director that there has been a contravention of section 16, 17, 19 or 20 by any person in the course of carrying out his duties in the service of the Crown, he shall, if the contravention is not forthwith terminated to his satisfaction, report the matter to the Chief Secretary for Administration. (Amended L.N. 76 of 1982; L.N. 74 of 1986; L.N. 362 of 1997)
(4) On receipt of a report under subsection (3) the Chief Secretary for Administration shall enquire into the circumstances and, if his enquiry shows that a contravention of section 16, 17, 19 or 20 is continuing or likely to recur, he shall ensure that the best practicable steps are taken to terminate the contravention or avoid the recurrence. (Amended L.N. 362 of 1997)
(5) Any notice or application under this Ordinance concerning a deposit or disposal of waste which is to be, or may be, given or made by or on behalf of the Crown may be given or made by any public officer on behalf of the Crown.
(6) Any notice or application under this Ordinance concerning a deposit or discharge of waste which is to be, or may be, given to the Crown shall be given to the principal officer of the appropriate waste disposal authority which appears to be responsible for the deposit or disposal or, in the event of any question arising as to which waste disposal authority is responsible, to such public officer as the Chief Secretary for Administration shall determine. (Amended L.N. 362 of 1997)
(7) No fee or charge prescribed for the purposes of this Ordinance shall be payable by the Crown.

### Waste Disposal Ordinance 《廢物處置條例》

37. Amendment of Schedules
(1) The Chief Executive in Council may, by notice published in the Gazette, amend the First, Second, Third, Fourth and Fifth Schedules and Schedule 8. (Replaced 6 of 2006 s. 21)
(2) The Director may, by notice published in the Gazette, specify as wastes that belong to Group 6 of Schedule 8 any wastes that, in his opinion—
(a) are likely to be contaminated with infectious materials from patients falling within such case definition as specified in the notice; and
(b) may pose a significant health risk. (Replaced 6 of 2006 s. 21)
(2A) The Director may, by notice published in the Gazette, amend the list of pathogens listed in Group 4 of Schedule 8 and Schedules 10 and 11. (Added 6 of 2006 s. 21)
(2B)  The Secretary may, by notice published in the Gazette, amend—
(a) the relevant dates specified in the First, Second and Fifth Schedules;
(b) Schedules 9 and 13. (Added 6 of 2006 s. 21. Amended 19 of 2013 s. 9)
(3) Subject to the approval of the Financial Secretary, the Secretary may, by notice published in the Gazette, amend Schedule 12. (Added 17 of 2004 s. 9)
(Added 58 of 1987 s. 13)