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

26N. Application of certain provisions of this Division to licence that has ceased to be in force
For the purposes of this Division, where a specified licence has ceased to be in force on or before 31 March in the year immediately following the relevant emission year, sections 26J, 26K, 26L and 26M are to be construed as having application as if the licence had continued in force subject to its terms and conditions until the end of 31 March in the year immediately following the emission year.

27. Authority may obtain information
(1) The Authority may, by notice in writing to any person, require him to furnish to the Authority, within such time and in such form as is specified in the notice, any information specified in the notice which the Authority may reasonably require for the purpose of exercising and performing his functions, duties and powers under this Ordinance.
(2) A person who—
(a) fails without reasonable excuse to comply with any of the requirements of a notice duly served on him under subsection (1); or
(b) in compliance or purported compliance with such a notice, makes any statement which he knows to be incorrect in a material respect or recklessly makes any statement which is incorrect in a material respect or knowingly omits any material particular,
commits an offence and is liable to a fine at level 5. (Amended 13 of 1993 s. 18)
(Amended E.R. 2 of 2014)

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

29. Offences in relation to section 28
Any person who—
(a) wilfully resists, obstructs or delays any officer in the exercise of any power conferred on such officer by or under section 28;
(b) fails without reasonable excuse to comply with any requirement duly made by an officer under section 28;
(c) in compliance or purported compliance with any such requirement produces any drawing, record or document which he knows to be incorrect or inaccurate in a material respect or does not believe to be correct or accurate; or
(d) wilfully or recklessly gives information which is incorrect in a material respect or withholds information as to any of the matters in respect of which information is required to be given under section 28,
commits an offence and is liable to a fine at level 5.
(Amended 13 of 1993 s. 20; E.R. 4 of 2021)

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

30. Power to require modification etc., of chimneys and relevant plant
(1) Where it appears to the Authority that any chimney, relevant plant or other machinery or equipment may evolve any air pollutant by reason of—
(a) unsuitable design, defective construction or lack of maintenance;
(b) excessive wear and tear;
(c) the use of unsuitable fuel or other material; or
(d) improper operation,
the Authority may serve a notice on the owner of the premises in which the chimney, relevant plant or other machinery or equipment is found—
(i) requiring him, within a reasonable time specified in the notice, to modify, replace, clean or repair the chimney, relevant plant or other machinery or equipment specified in the notice or to take the other steps specified in the notice;
(ii) requiring him, within a reasonable time specified in the notice, to install control equipment or a control system or additional control equipment or an additional control system specified in the notice;
(iii) requiring him, after a reasonable time specified in the notice, to operate the chimney, relevant plant or other machinery or equipment in the manner specified in the notice;
(iv) prohibiting him from using or permitting the use in the relevant plant or other machinery or equipment, after a reasonable time specified in the notice, the fuel, or other material, or mixture of fuels, or other materials specified in the notice. (Replaced 13 of 1993 s. 21)
(1A) The Authority may withdraw a notice given under subsection (1). (Added 13 of 1993 s. 21)
(2) Any owner who fails, without reasonable excuse, to comply with any of the requirements of a notice duly served upon him under subsection (1) commits an offence and is liable to a fine at level 6 on conviction for a first offence and $200,000 and imprisonment for 6 months for a second or subsequent offence 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. 21; E.R. 4 of 2021)

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

30A. Contravention of terms and conditions of licence, etc.
Subject to section 30B, a licence holder who contravenes any term or condition of the licence, or an owner of any premises who is exempt under section 20 from the operation of section 13 and who contravenes any term or condition imposed by the Authority in relation to the exemption, commits an offence and is liable to a fine at level 6 on conviction for a first offence and $200,000 and imprisonment for 6 months for a second or subsequent offence 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.
(Added 23 of 1987 s. 12. Amended 13 of 1993 s. 22; 31 of 2008 s. 6; E.R. 4 of 2021)

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

36. 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.

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

37. Codes of Practice
(1) For the purpose of encouraging reduction and the better control of air pollution, the Secretary may, after consultation with the Advisory Council on the Environment, issue general advice in the form of Codes of Practice or give particular advice in writing to a person— (Amended L.N. 57 of 1994)
(a) operating or maintaining a chimney, relevant plant, machinery or equipment;
(b) conducting a specified process;
(c) operating, maintaining, repairing, modifying or adapting a motor vehicle;
(d) engaging in any asbestos related activities;
(e) engaging in any other polluting process,
as to any matter concerning—
(i) the construction, operation and maintenance of a chimney, relevant plant, machinery, equipment or containment;
(ii) the conduct of a process or activity or the carrying out of any work;
(iii) the storage, transportation, distribution, handling or use of materials;
(iv) the preparation of asbestos investigation reports, asbestos management plans and asbestos abatement plans; and
(v) the maintenance and manner of using motor vehicles. (Replaced 13 of 1993 s. 26)
(1A) (Repealed 13 of 1993 s. 26)(2) Failure on the part of any person to observe the provisions of any such Code or to accept any such advice 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 by any party to the proceedings as tending to establish or to negative any liability which is in question in those proceedings.

37A. Technical memorandum
If the Secretary issues a technical memorandum under this Ordinance, he shall make available a copy of the technical memorandum for inspection by the public free of charge at such offices of the Government that the Secretary directs during business hours.
(Added 13 of 1993 s. 27)