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

37B. Placing of technical memorandum before Legislative Council
(1) The Secretary shall publish a technical memorandum issued under this Ordinance in the Gazette and shall cause it to be laid on the table of the Legislative Council at the next sitting after publication.
(2) Where the Secretary has caused a technical memorandum to be laid on the table of the Legislative Council, the Legislative Council may, by resolution passed at a sitting of the Legislative Council held before the expiration of a period of 28 days after the sitting at which it was so laid, provide that the technical memorandum be amended in any manner consistent with the power to issue the technical memorandum.
(3) If the period for passing a resolution would, but for this subsection, expire—
(a) after the end of a session of the Legislative Council or after a dissolution of the Legislative Council; but
(b) on or before the day of the second sitting of the Legislative Council in the next following session of the Legislative Council,
the period shall be deemed to extend to and expire on the day after that second sitting.
*(4) Before the expiry of the period referred to in subsection (2) or that period as extended by virtue of subsection (3), the Legislative Council may by resolution in relation to a technical memorandum specified therein—
(a) in the case of the period referred to in subsection (2), extend that period to the first sitting of the Legislative Council held not earlier than the twenty-first day after the day of its expiry;
(b) in the case where the period referred to in subsection (2) has been extended by virtue of subsection (3), extend that period as so extended to the first sitting of the Legislative Council held not earlier than the twenty-first day after the day of the second sitting in that next following session. (Replaced 8 of 2002 s. 9)
(5) A resolution passed by the Legislative Council under this section shall be published in the Gazette not later than 14 days after the resolution is passed or within such further period as the Secretary may allow in any particular case.
(6) A technical memorandum published under subsection (1) is not subsidiary legislation.
(7) In this section, sitting (立法局會議), when used to calculate time, means the day on which the sitting commences and only includes a sitting at which subsidiary legislation is included on the order paper. (Added 89 of 1993 s. 34)
(Added 13 of 1993 s. 27) Editorial Note:
* For the transitional provision relating to this subsection as amended by section 9 of the Extension of Vetting Period (Legislative Council) Ordinance 2002 (8 of 2002), see section 10 of that Ordinance.

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

37C. Commencement of technical memorandum
A technical memorandum shall commence to have effect—
(a) if the Legislative Council does not pass a resolution amending the technical memorandum, upon the expiry of the period or, the period as extended, as the case may be, for passing an amending resolution; and
(b) if the Legislative Council passes a resolution amending the technical memorandum, at the beginning of the day of the publication in the Gazette of the resolution.
(Added 13 of 1993 s. 27)

37D. Amendment of Schedules
(1) The Secretary may, by notice published in the Gazette, amend Schedules 2A, 2B and 2C.
(2) Any fee prescribed in Schedule 2B—
(a) may be fixed at levels that provide for the recovery of the expenditure incurred or likely to be incurred in relation generally to the administration, regulation and control of the emission of specified pollutants that may take place or is likely to take place as a result of increases in the quantity of allocated allowances under section 26K; and
(b) shall not be limited by reference to the amount of administrative or other costs incurred or likely to be incurred in the provision of any particular service, facility or matter.
(Added 31 of 2008 s. 13)

38. Authority may hold a hearing
(1) Where on an application under section 14, 16, 18 or 18A, any objection to the grant of the application is duly made to the Authority, he may hear the applicant and any objector if he considers it expedient for the purpose of obtaining information relevant to any question to be decided. (Amended 23 of 1987 s. 14)
(2) The procedure to be followed at, or for the purpose of convening, any hearing under subsection (1) shall be determined by the Authority.

39. Authority to keep a register
(1) The Authority shall cause to be kept, in such form as the Secretary may determine, a register containing details of—
(a) applications required to be entered under section 14(3)(a);
(b) the particulars and information contained in notices given to the Authority pursuant to section 19(1);
(c) all exemptions under section 20;
(d) all licences;
(e) such other matters as may be required by regulations made under section 43 to be recorded in the register.
(2) Upon application in writing to the Authority, the register shall be open for inspection by the public during normal office hours at such places as the Secretary thinks fit.
(3) A person shall be entitled, upon payment of the prescribed fee, to a copy of any entry in the register certified by or on behalf of the Authority.

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

40. Protection of private information from publicity
(1) Any person may apply to the Secretary to withhold from public notification or other public access under this Ordinance any information concerning a specified process, whether appearing in a licence or an application therefor or in any notice, return or other document.
(1A) Any person may apply to the Secretary to withhold from public notification or other public access under this Ordinance any information relating to the design, construction, modification or adaptation of any motor vehicle, fuel pump, equipment used for the storage of fuel or other similar apparatus or any petrol delivery vehicle, whether appearing in a licence or an application or in any notice, return, drawing, record or other document, if the release of that information would otherwise reveal to a competitor of that person vehicle designs, manufacturing techniques or strategy or other details of a confidential nature known only to the applicant, his employees or his professional advisers or consultants. (Added 2 of 1991 s. 8. Amended 19 of 1994 s. 10)
(1B) Any person may apply to the Secretary to withhold from public notification or other public access under this Ordinance any information concerning measures taken to prevent air pollution caused or contributed to by emissions from motor vehicles, whether appearing in a licence or an application or in any notice, return, drawing, record or other document, if the release of that information would otherwise reveal to a competitor of that person vehicle designs, manufacturing techniques or strategy or other details of a confidential nature known only to the applicant, his employees or his professional advisers or consultants. (Added 2 of 1991 s. 8)
(2) An application under subsection (1), (1A) or (1B) shall be granted by the Secretary to the extent that he is satisfied that public notification or other public access to the information would— (Amended 2 of 1991 s. 8)
(a) be contrary to the applicant’s private interest to an unreasonable degree; or
(b) be contrary to the public interest.
(3) Where an application under this section is refused by the Secretary, whether in whole or in part—
(a) notice of the refusal and of the reasons therefor shall be given in writing by the Secretary to the applicant;
(b) the information shall not be publicly notified or otherwise made accessible to the public until the time for appeal under section 31(2) has expired, or, if notice of appeal is lodged before that time, until determination or withdrawal of the appeal.