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

18A. Application for transfer of licences
(1) Where a licence is to be transferred, the licence holder and the prospective transferee of the licence shall jointly apply to the Authority in the prescribed form for a transfer of the licence.
(2) An application under subsection (1) shall be accompanied by the prescribed fee which shall be paid by the prospective transferee.
(3) Except where the Secretary directs otherwise, section 14(3) and (4) shall not apply in relation to an application for the transfer of a licence.
(4) A licence in respect of which an application for transfer is made under subsection (1) shall remain in force as against the licence holder until the application is granted under subsection (5).
(5) The Authority may either grant an application under subsection (1), with or without modification, or refuse to grant it but, where the Secretary has directed under subsection (3) that section 14(3) shall apply, shall not do so earlier than 40 days after the last notice is published in a newspaper pursuant to section 14(3)(b).
(6) If the Authority refuses to grant an application (or any part thereof) under subsection (5) he shall notify the applicants and shall inform them of the reasons for his refusal.
(7) Section 15(3) shall apply to the exercise by the Authority of his discretion under this section as it applies to the exercise of his discretion to grant or refuse a licence and section 15(3)(a) shall apply in relation to the prospective transferee of the licence as it applies to the applicant.
(8) The Authority may grant an application under subsection (5) on such terms and conditions as he thinks fit (including terms and conditions relating to matters set out in Schedule 2). (Amended 13 of 1993 s. 31)
(Added 23 of 1987 s. 6)

18B. Supply of incorrect information, etc.
Any person who in any application made under this Ordinance makes any statement or gives any particular or information which he knows to be incorrect in a material respect or who recklessly makes any statement or gives any particular or information which is incorrect in a material respect or knowingly omits any material particular therefrom commits an offence and is liable to a fine at level 5.
(Added 23 of 1987 s. 6. Amended 13 of 1993 s. 12; E.R. 4 of 2021)

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

19. Notices of existing premises used for specified processes
(1) The Secretary may, by order published in the Gazette, specify in relation to any specified process the particulars and information required to be furnished to the Authority by the owner of any premises used for the conduct of that specified process and, within 6 months after the publication of such an order, or such further period as the Authority may in any particular case allow, the owner of the premises concerned shall give notice of the existence of those premises to the Authority in such manner and form and containing such particulars and information as may be specified in the order.
(2) Any owner who fails to comply with subsection (1) commits an offence and is liable to a fine at level 5. (Amended 13 of 1993 s. 13; E.R. 4 of 2021)
(3) Any owner who in any notice under subsection (1) makes any statement or gives any particular or information which he knows to be incorrect in a material respect or who recklessly makes any statement or gives any particular or information which is incorrect in a material respect or knowingly omits any material particular therefrom commits an offence and is liable to a fine at level 5. (Amended 13 of 1993 s. 13; E.R. 4 of 2021)
(4) Subsection (1) shall not apply to owner of any premises or any part of the premises used for conduct of a specified process, in respect of which premises—
(a) the owner holds a licence under section 15(4);
(b) a licence has expired but the owner continues to operate the specified process;
(c) an application for a licence by the owner has been refused but the owner continues to operate the specified process;
(d) the owner’s licence has been cancelled under section 17(1)(b);
(e) the owner has been exempted under section 20;
(f) the exemption of the owner under section 20 has ceased under section 20A;
(g) the exemption of the owner under section 20 has ceased under section 21(1)(i);
(h) the owner has been exempted under section 20 but has to comply with the terms and conditions imposed under section 22(1)(a)(i) or (c); or
(i) the exemption of the owner under section 20 has been cancelled under section 22(1)(a)(iii) or (b). (Added 19 of 1994 s. 3)

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

20. Exemption of certain premises
(1) The owner of any premises used for the conduct of a specified process at the date of publication of an order under section 19 shall, subject to subsection (4) and section 21, be exempt so far as use of that premises is concerned in respect of that process from the operation of section 13 if notice of the existence of that premises has been duly given under section 19. (Amended 13 of 1993 s. 14)
(2)-(3) (Repealed 13 of 1993 s. 14)(4) No exemption shall arise under this section if, at the time when notice is given under section 19, the premises used for the conduct of the specified process—
(a) have been unlawfully erected on unleased land in contravention of section 4 of the Land (Miscellaneous Provisions) Ordinance (Cap. 28); or
(b) are situated on land held under a Government lease or on land occupied under a licence issued under section 5 of the Land (Miscellaneous Provisions) Ordinance (Cap. 28) and the use of the premises for the conduct of the specified process is in breach of the Government lease or the licence. (Amended 29 of 1998 s. 63)
(5) Where at the date of publication of an order under section 19 any person is the owner of premises which are being developed for use for the conduct of a specified process the Authority may in writing subject to subsection (4) and section 21 exempt him in respect of those premises from the operation of section 13 upon his giving notice under section 19, which shall for the purposes of this subsection apply mutatis mutandis. (Amended 13 of 1993 s. 14)