### Waste Disposal Ordinance 《廢物處置條例》

23EA. Director’s power to remove waste in case of imminent risk of adverse environmental impact
(1) If the Director has reasonable grounds to believe that—
(a) an offence under section 16A or 16B has been committed in a place; (Amended 19 of 2013 s. 7)
(b) the waste deposited in the place is likely to give rise to an imminent risk of adverse environmental impact; and
(c) action needs to be taken immediately to reduce or eliminate that risk,
then the Director may enter the place to remove the waste.
(2) If a person is convicted of an offence under section 16A or 16B in respect of waste that has been removed by the Director under subsection (1), the magistrate may, on application by the Director, order the person to pay the Director any expenses reasonably incurred by him in carrying out the removal. (Amended 19 of 2013 s. 7)
(3) The Director shall not under subsection (1) enter any domestic premises unless he has first obtained a warrant issued by a magistrate under subsection (4) for that purpose.
(4) A magistrate may, for the purpose of subsection (1), issue a warrant to the Director to enter any domestic premises if the magistrate is satisfied by information on oath that there are reasonable grounds to believe that—
(a) an offence under section 16A or 16B has been committed in those premises, or in a place that is accessible only through those premises; (Amended 19 of 2013 s. 7)
(b) the waste deposited in those premises or in that place is likely to give rise to an imminent risk of adverse environmental impact; and
(c) action needs to be taken immediately to reduce or eliminate that risk.
(5) Where the Director enters any domestic premises in accordance with a warrant issued under subsection (4), he shall, if required, produce that warrant.
(6) For the purposes of this section, a reference to domestic premises includes a reference to a dwelling place on any private land.
(Added 17 of 2004 s. 5)

### Waste Disposal Ordinance 《廢物處置條例》

23F. Offences in relation to enforcement powers
A person who—
(a) wilfully obstructs—
(i) a collection authority; or
(ii) a waste disposal authority; or
(iii) any authorized officer,
in the exercise of the authority’s or the officer’s powers or duties under this Part; or
(b) fails without reasonable excuse to comply with any requirement duly made under this Part by—
(i) a collection authority;
(ii) a waste disposal authority; or
(iii) any authorized officer; or
(c) in purported compliance with any such requirement produces any drawing, document or record which he knows to be incorrect or inaccurate in a material particular or does not believe to be correct and accurate,
commits an offence and is liable to a fine at level 6.
(Amended 28 of 1994 s. 19; E.R. 5 of 2021)

### Waste Disposal Ordinance 《廢物處置條例》

25. Constitution of Appeal Board
(1) Every appeal under section 24 shall be determined by an Appeal Board constituted under this Part.
(2) The Governor shall appoint as Chairman of Appeal Boards a person who is qualified in law.
(3) Subject to section 27(3), the Chairman shall be appointed for a term of not more than 3 years but may be reappointed. (Amended 14 of 1995 s. 6)
(4) The Governor shall also appoint a panel of persons whom he considers to be suitable for appointment as members of an Appeal Board pursuant to section 26(1).
(4A) A member of the panel shall be appointed for a term of not more than 3 years but may be reappointed. (Added 14 of 1995 s. 6)
(5) An appointment under subsection (2) and every appointment to the panel under subsection (4) shall be notified in the Gazette.
(6) In subsection (2) and in section 27(1) qualified in law

26. Exercise of Appeal Board’s jurisdiction
(1) The jurisdiction of an Appeal Board on any appeal or group of appeals shall be exercised by the Chairman and such number of persons from the panel referred to in section 25(4) as the Chairman may appoint for that appeal or group of appeals.
(2) On any appeal an Appeal Board may confirm, reverse or vary the decision or direction appealed from.
(3) Every question before an Appeal Board shall be determined by the opinion of the majority of the Chairman and the members hearing the appeal except a question of law which shall be determined by the Chairman; in the event of an equality of votes the Chairman shall have a casting vote.
(4) An Appeal Board shall not at any time consist of a majority of persons who are public officers.
(5) An Appeal Board may—
(a) receive evidence on oath;
(b) admit or take into account any statement, document, information or matter whether or not it would be admissible as evidence in a court of law; and
(c) by notice in writing summon any person to appear before it to produce any document or to give evidence.
(6) The Chairman may determine any form or matter of practice or procedure in so far as no provision is made therefor in this Ordinance.

### Waste Disposal Ordinance 《廢物處置條例》

27. Supplementary provisions as to Appeal Board
(1) If the Chairman is precluded by illness, absence from Hong Kong or any other cause from exercising his functions the Governor may appoint any other person qualified in law to act as Chairman and as such to exercise and perform all of the powers, functions and duties of the Chairman during the period of his appointment.
(2) If a person appointed by the Chairman under section 26(1) to hear an appeal or group of appeals is precluded by illness, absence from Hong Kong, or any other cause from exercising his functions, the Chairman may appoint any other person from the panel provided for in section 25(4) to act in his place.
(3) The Chairman may at any time resign his office by notice in writing to the Governor.
(4) The hearing of an appeal may be continued notwithstanding any change in the membership of an Appeal Board as if the change had not occurred:
Provided that no person shall be appointed as a member of an Appeal Board before which the hearing of an appeal has been commenced without the consent of the parties.

29. Case may be stated
(1) The Chairman may of his own motion, before an appeal is determined, refer any question of law to the Court of Appeal by way of case stated.
(2) On the hearing of the case the Court of Appeal may amend the case or order it to be sent back to the Appeal Board for amendment.

30. Governor may give directions
(1) The Governor may give such directions as he thinks fit, either generally or in any particular case, with respect to the exercise or performance by any public officer of any powers, functions or duties under this Ordinance.
(2) A public officer shall, in the discharge of his powers, functions and duties under this Ordinance, comply with any directions given by the Governor under subsection (1).

31. Mental ingredients of certain offences under the Ordinance
In any proceedings for an offence under section 11, 15, 15A, 15AA, 16, 16A, 16B, 16C(7), 17, 18A, 20E or 23 it shall not be necessary for the prosecution to prove that the acts or omissions in question were accompanied by any intention, knowledge or negligence on the part of the defendant as to any element of the offence.
(Amended 58 of 1987 s. 10; 28 of 1994 s. 21; 14 of 1995 s. 7; 17 of 2004 s. 7; 19 of 2013 s. 8)