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

3. Application
Except to the extent provided by section 43(1)(p) nothing in this Ordinance shall apply to any air pollutant emitted from any furnace or engine used in the propulsion of any vessel, railway locomotive or aircraft.
(Amended 2 of 1991 s. 4)

4. Authority and authorized officers
(1) For the purposes of carrying out the provisions of this Ordinance, the Governor may appoint a public officer to be the air pollution control authority.
(2) An appointment under subsection (1) shall be notified in the Gazette.
(3) The Authority may authorize in writing any public officer to perform or exercise all or any of the functions, duties or powers which are imposed or conferred on the Authority by this Ordinance.

4A. Secretary to publish approved methods
Where in this Ordinance the Secretary is empowered to approve a method or standard, he shall, when he exercises the power, publish sufficient details of the method or standard in the Gazette so as to reasonably identify the method or standard.
(Added 13 of 1993 s. 3)

6. Air control zones
(1) The Governor in Council may, after consultation with the Advisory Council on the Environment, by order published in the Gazette, declare any part of Hong Kong to be an air control zone for the purposes of this Ordinance. (Amended L.N. 165 of 1984; L.N. 57 of 1994)
(2) An order under subsection (1) shall, for each air control zone constituted thereby—
(a) make reference to a plan or map of that zone deposited in the Land Registry at Victoria; or (Amended 8 of 1993 s. 2)
(b) sufficiently describe the zone by other means.

7. (Repealed 12 of 2013 s. 4)(For the transitional provision relating to the amendments made by the Air Pollution Control (Amendment) Ordinance 2013 (12 of 2013), see section 8 of the Amendment Ordinance.)

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

7A. Air quality objectives
(1) Schedule 5 prescribes the air quality objectives for an air control zone. 
(2) Subject to subsection (3), the Secretary may from time to time review the air quality objectives for an air control zone to ensure that they are the objectives that should be achieved and maintained in order to—
(a) promote the conservation of air in the zone in the public interest; and 
(b) promote the best use of air in the zone in the public interest. 
(3) A review under subsection (2) must be carried out at least once in every review period. 
(4) As soon as reasonably practicable after a review is carried out under subsection (2), the Secretary must submit to the Advisory Council on the Environment a report of the review. 
(5) In this section, a reference to an air control zone includes a part of an air control zone. 
(6) In this section—
review period (檢討期) means—
(a) the period of 5 years beginning on 1 January 2014; or 
(b) each successive 5-year period.

(Added 12 of 2013 s. 5)

8. Authority to seek to achieve quality objectives
(1) (Repealed 13 of 1993 s. 6)(2) The Authority shall aim to achieve the relevant air quality objectives as soon as is reasonably practicable and thereafter to maintain the quality so achieved.
(3) If in the opinion of the Secretary the achievement or maintenance of any air quality objective would be better served by the exercise by the Authority in a particular manner of any of his powers under section 15(4), 17 or 22, the Secretary may give directions in writing to the Authority as to the manner in which he shall exercise those powers; and, in the case of a direction which relates to section 15(4), any such direction may be of a general nature or relate to a particular case or particular cases.
(4) The Authority shall comply with any direction given to him under subsection (3) and the discretion conferred on the Authority by section 15(4), 17 or 22 as the case may be, shall not apply to any specified process in respect of which such a direction is in force.

9. Technical memorandum relating to air pollution
The Secretary may issue a technical memorandum setting out principles, procedures, guide-lines, standards and limits for—
(a) the prediction, measurement, assessment or determination of air pollution caused, or contributed to, by the operation of a polluting process;
(b) the issue of air pollution abatement notices for such pollution; and
(c) the determination of whether or not an air pollution abatement notice is being complied with.

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

11. Power to amend Schedule 1
The Legislative Council may by resolution amend Schedule 1.
(Amended 13 of 1993 s. 8)

12. Prevention of discharge of noxious or offensive emissions
(1) The owner of any premises used for the conduct of any specified process shall use the best practicable means for preventing the emission of noxious or offensive emissions from such premises, and for preventing the discharge, whether directly or indirectly, of such emissions into the atmosphere, and for rendering such emissions where discharged harmless and inoffensive.
(2) Any person who fails to comply with subsection (1) commits an offence and is liable to a fine of $200,000 and to imprisonment for 6 months, and, in addition, if the offence is a continuing offence, to a fine of $20,000 for each day during which it is proved to the satisfaction of the court that the offence has continued. (Amended 13 of 1993 s. 9)
(3) No person shall be convicted of an offence under this section if he proves that the specified process in respect of which he is charged was conducted by him in the manner and in accordance with the particulars and information notified by him under section 19(1).

13. Licence required to use premises for specified process
(1) Subject to section 20, the owner of any premises shall not use those premises, or permit those premises to be used, for the conduct of a specified process unless he is the holder of a licence to use the premises for the conduct of that specified process.
(2) Any owner who contravenes subsection (1) commits an offence and is liable to a fine of $200,000 and to imprisonment for 6 months, and, in addition, if the offence is a continuing offence, to a fine of $20,000 for each day during which it is proved to the satisfaction of the court that the offence has continued. (Amended 13 of 1993 s. 10)

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

14. Application for licences
(1) Any person who wishes to obtain a licence to conduct a specified process in any premises shall apply to the Authority in the prescribed form.
(2) An application under subsection (1) shall be accompanied by the prescribed fee.
(3) The Authority shall publicly notify all applications for licences—
(a) by entering in the register such particulars thereof as may be prescribed;
(b) by causing a notice to be published at the expense of the applicant in an English language and a Chinese language newspaper determined by the Authority containing such particulars of the application and other information as may be prescribed and a statement of the place or places where the particulars of the application may be inspected. (Amended 23 of 1987 s. 2)
(4) During the period of 30 days after the last notice is published pursuant to subsection (3)(b)—
(a) the particulars of the application shall be kept at each place notified under subsection (3)(b) and shall be available for inspection by the public during normal office hours; and (Amended 23 of 1987 s. 2)
(b) any person may, in such manner as may be prescribed, object to the granting of a licence to conduct the specified process concerned on the grounds that—
(i) it would tend to inhibit the attainment or maintenance of any relevant air quality objective; or
(ii) the emission of noxious or offensive emissions would be, or be likely to be, prejudicial to health. (Replaced 23 of 1987 s. 2)