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

47A. Directors of body corporate liable in certain circumstances
(1) Where a person convicted of an offence under this Ordinance is a body corporate and it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect or omission on the part of, a director, manager, secretary or other person concerned in the management of the body corporate, the director, manager, secretary or other person also commits the offence.
(2) Where a person convicted of an offence under this Ordinance is a partner in a partnership and it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect or omission on the part of, any other partner or any person concerned in the management of the partnership, the partner or the person concerned in the management also commits the offence.
(Added 13 of 1993 s. 30)

48. Defences in proceedings relating to emission of air pollutants
In any proceedings for an offence under this Ordinance relating to the emission of an air pollutant it shall be a defence to prove the contravention complained of was—
(a) solely due to the lighting up of a relevant plant which was cold and that the best practicable means had been taken to prevent or minimise the emission of the air pollutant; or
(b) solely due to some failure of a chimney or relevant plant or of an apparatus used in connection with a chimney or relevant plant and that—
(i) the failure could not have reasonably been foreseen, or if foreseen, could not reasonably have been provided against;
(ii) the contravention could not reasonably have been prevented by action taken after the failure occurred; and
(iii) as soon as was reasonably practicable after the occurrence of the failure the Authority was informed thereof in writing.

49. Provisions of Ordinance to be in addition to any other Ordinance
The provisions of this Ordinance shall be in addition to and not in lieu of the provisions of any other Ordinance.

50. Service of notices
The Authority may serve a notice to be served on a person under this Ordinance—
(a) by serving a copy personally or by registered post addressed to the last known place of business or residence of the person to be served; or
(b) where the notice is to be served on the owner of any premises or a ship, by fixing a copy on a conspicuous part of the premises or ship.
(Added 13 of 1993 s. 32)

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

51. Registers of asbestos consultants, etc.
(1) The Authority shall keep registers of—
(a) asbestos consultants for natural persons who are qualified to perform the duties and functions of a registered asbestos consultant;
(b) asbestos contractors for natural persons, companies and other bodies corporate which are qualified to perform the duties and functions of a registered asbestos contractor;
(c) asbestos supervisors for natural persons who are qualified to perform the duties and functions of a registered asbestos supervisor;
(d) asbestos laboratories for all laboratories which are qualified to perform the duties and functions of a registered asbestos laboratory together with details of the natural persons, companies and other bodies corporate that have an interest in a registered asbestos laboratory.
(2) The Authority shall maintain a copy of the registers for inspection by the public free of charge during business hours.

52. Appointment of the Administration Committee
(1) The Authority shall appoint an Administration Committee to be known as the Asbestos Administration Committee.
(2) A member of the Administration Committee—
(a) shall be appointed for 2 years or a lesser period that may be specified in the terms of his appointment;
(b) may resign by giving notice in writing to the Authority; and
(c) may be reappointed.
(3) Where a member of the Administration Committee is precluded by temporary absence or incapacity from carrying out his functions as a member, the Authority may appoint another person, with similar qualifications as set out in section 54 as the precluded member, to hold office in the place of the member during the period of absence or incapacity.

53. Functions of the Administration Committee
The Administration Committee shall—
(a) assist the Authority in processing applications for entry in the registers as set out in this Part;
(b) hear complaints of a disciplinary nature against persons whose names are on any of the registers and make recommendations that it sees fit in accordance with this Part; and
(c) carry out other functions and duties of the Authority relating to asbestos, its use and disposal that the Authority may delegate in writing to it.

54. Composition and meeting of the Administration Committee
(1) The Administration Committee shall consist of—
(a) an Assistant Director of Environmental Protection as Chairman;
(b) a Principal Environmental Protection Officer of the Environmental Protection Department;
(c) a representative of the Commissioner for Labour;
(d) a representative of the Director of Housing;
(e) a representative of the Director of Architectural Services;
(f) an architect nominated by The Hong Kong Institute of Architects;
(g) an engineer nominated by The Hong Kong Institution of Engineers;
(h) a surveyor nominated by The Hong Kong Institute of Surveyors;
(i) 3 members appointed by the Authority who are not employed in the Civil Service.
(2) A Senior Environmental Protection Officer of the Environmental Protection Department shall act as Secretary of the Administration Committee.
(3) The Administration Committee shall meet at the times and places as the Authority may direct.

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

55. Application for registration
(1) A person may apply to the Secretary of the Administration Committee to have his name entered in a register in a form approved by the Authority with the fee set by the Authority and published in the Gazette.
(2) The Authority shall not enter the name of a person, company, body corporate or laboratory in a register unless the Authority is satisfied that the person is qualified to perform the duties and functions required of a person entered in the register.

56. Restriction on entry on certain registers, etc.
(1) The Authority shall not enter the name of a registered asbestos consultant or of a registered asbestos laboratory on the register of asbestos contractors or the register of asbestos supervisors.
(2) The Authority shall not enter the name of a registered asbestos contractor or of a registered asbestos supervisor on the register of asbestos consultants or the register of asbestos laboratories.
(3) The Authority may refuse to register, or may remove from the relevant register, an asbestos consultant or an asbestos laboratory if the person or owner holds a pecuniary interest, either directly or indirectly, in a registered asbestos contractor or a registered asbestos supervisor.
(4) The Authority may refuse to register, or may remove from the relevant register, an asbestos contractor or an asbestos supervisor if the person or owner holds a pecuniary interest, either directly or indirectly, in a registered asbestos consultant or a registered asbestos laboratory.

57. Function of Administration Committee in registration
The Administration Committee shall assist the Authority in considering applications for inclusion in the registers by—
(a) examining the qualifications of an applicant;
(b) making inquiries and conducting tests that the Administration Committee considers necessary to ascertain whether an applicant has the appropriate experience;
(c) conducting a professional interview, if the Administration Committee considers it necessary, with an applicant; and
(d) advising the Authority as to the acceptance, deferral or rejection of an application for entry on the registers.

58. Registration
(1) The Authority shall, within 3 months after the receipt of advice from the Administration Committee as to the acceptance, deferral or rejection of an application—
(a) enter in the appropriate register, the name of the applicant; or
(b) defer the application for a period not exceeding 12 months; or
(c) refuse the application.
(2) The Authority shall inform an applicant of his decision and reasons for his decision in the case of a deferral or rejection under subsection (1) immediately after making the decision.

59. Annual registration fee
A registered person, company or laboratory shall pay the prescribed annual fee for continued registration within the prescribed period.