### Waste Disposal (Appeal Board) Regulation 《廢物處置(上訴委員會)規例》

7. Date, time and place of hearing
Where notice of appeal is lodged, the Chairman shall fix the date, time and place of the hearing of appeal so as to enable the hearing to commence as soon as is reasonably practicable and shall, not less than 28 days before the date so fixed, serve on the appellant and on the authority notice of the date, time and place in Form 2 in the Schedule.

8. Summons to witness
Upon application by any party to an appeal in Form 3 in the Schedule, the Chairman may issue a witness summons in Form 4 in the Schedule to any person named in the application requiring him to appear before the Board to produce any document relating to the appeal and to give evidence.

9. Appeal to be conducted in public
The hearing of the appeal shall be conducted in public unless the Chairman of his own motion, or at the request of the appellant or the authority, orders that all or any persons should be excluded from the whole or any part of the hearing.

10. Representation
At the hearing of the appeal—
(a) the appellant may be represented by a barrister or solicitor; and
(b) the authority may be represented by a barrister or solicitor, including a barrister or solicitor who is a legal officer.

11. Abandonment of appeal
(1) The appellant may abandon the whole or any part of the appeal by notice in writing lodged with the Chairman.
(2) When lodging a notice under subsection (1), the appellant shall at the same time serve a copy of such notice on the authority.

### Waste Disposal (Appeal Board) Regulation 《廢物處置(上訴委員會)規例》

12. Failure of appellant to attend hearing
(1) If on the date and time fixed for the hearing of the appeal the appellant fails to attend the hearing either in person or by a barrister or solicitor, the Board may—
(a) if satisfied that the appellant’s failure to attend was due to sickness or other reasonable cause, postpone or adjourn the hearing for such period as it thinks fit;
(b) proceed to hear the appeal; or
(c) dismiss the appeal.
(2) Where the appeal is dismissed by the Board under subsection (1)(c) the appellant may, within 30 days after the making of the order for dismissal, by notice in writing lodged with the Chairman, apply to the Board to review its order and the Board may, if satisfied that the appellant’s failure to attend the hearing was due to sickness or any other reasonable cause, set aside the order for dismissal.
(3) When lodging a notice under subsection (2), the appellant shall at the same time serve a copy of such notice on the authority.
(4) Where the Board sets aside an order for dismissal under subsection (2), the Chairman shall fix the date, time and place for the hearing of the appeal so as to enable the hearing to commence as soon as is reasonably practicable and shall, not less than 14 days before the date so fixed, serve on the appellant and on the authority notice of the date, time and place in Form 2 in the Schedule.

13. Failure of appellant to serve notice of appeal on the authority or to furnish particulars
Where a Board is satisfied that the appellant has failed—
(a) to serve a copy of the notice of appeal on the authority under section 4; or
(b) to furnish a statement of particulars to the authority and the Chairman under section 4; or
(c) to furnish further particulars without reasonable cause to the authority under section 5,
the Board may dismiss the appeal.

14. Record of proceedings
The Chairman shall take or cause to be taken in writing a full minute, so far as circumstances permit, of the following matters in respect of every appeal heard by the Board—
(a) the grounds of the appeal;
(b) the name of the appellant;
(c) the name of any person who appears as a witness for the appellant;
(d) the name of any person who appears as a witness for the authority;
(e) the name of any person summoned as a witness before the Board;
(f) the evidence of any person who gives evidence; and
(g) the decision of the Board.

15. Service of notices by Chairman or appellant
Any notice required to be served under this Regulation—
(a) by the Chairman or the authority on the appellant; or
(b) by the appellant on the authority,
may be served by serving a copy personally or by registered post addressed to the last known address of the appellant or of the authority, as the case may be.

### Waste Disposal Ordinance 《廢物處置條例》

1. Short title
(1) This Ordinance may be cited as the Waste Disposal Ordinance.
(2) (Omitted as spent—E.R. 1 of 2015)

### Waste Disposal Ordinance 《廢物處置條例》

2A. Offences
In any proceeding for an offence under this Ordinance or any regulation made under section 33, livestock waste means any waste generated or produced in or on livestock premises or any premises where livestock have been kept at any time within 60 days before the waste escapes or is discharged therefrom.
(Added 28 of 1994 s. 3)

3. Preparation of draft waste disposal plans
(1) The Secretary shall, after consultation with the Advisory Council on the Environment, and having regard to that Council’s views, prepare draft plans showing— (Amended L.N. 165 of 1984; 8 of 1986 s. 8; L.N. 57 of 1994)
(a) the arrangements made or proposed to be made for the collection and disposal of—
(i) all solid and semi-solid wastes other than those which may be discharged into the atmosphere as particulates or discharged into water as solids suspended in effluents; and
(ii) such other wastes, or classes of waste, as may be prescribed; and
(b) all existing and proposed waste disposal sites and the methods of waste disposal used or to be used at each site.
(2) Where the Secretary has prepared a draft waste disposal plan under subsection (1) he shall publish in the Gazette a notice in English and in Chinese—
(a) giving particulars of the places and times at which a copy of the draft plan may be inspected by the public; and
(b) specifying the time within which and the manner in which representations concerning the draft plan may be made.
(3) Where the Secretary publishes a notice under subsection (1) he shall not later than 7 days thereafter publish a copy of the notice in 3 issues of 1 English language and of 2 Chinese language newspapers.
(4) A copy of the draft plan shall be available for inspection by the public free of charge at such offices of the Government as the Secretary thinks fit for a period of 45 days from the date of publication of a notice under subsection (1) and during the hours when those offices are normally open to the public.
(5) The Secretary shall supply a copy of the draft plan upon payment of such fee as may be prescribed.
(Amended L.N. 244 of 1981; L.N. 370 of 1981; L.N. 18 of 1983; L.N. 244 of 1989 ; 78 of 1999 s. 7)