### Dumping at Sea Ordinance 《海上傾倒物料條例》

22. Protection of authorized officers
(1) An authorized officer is not liable in civil or criminal proceedings for anything he does, or omits to do, in the purported performance of his functions under this Ordinance if the court is satisfied that it was done, or omitted, in good faith.
(2) The protection conferred on public officers by subsection (1) for an act or omission does not affect any liability of the Government for the act or omission.

23. Power to take remedial action
(1) Where the Authority is satisfied that dumping or incineration at sea has been done otherwise than under and in accordance with a permit, the Authority may do anything reasonably necessary to protect the marine environment, the living resources which it supports and human health, and to prevent interference with other legitimate uses of the sea.
(2) If the Authority acts under subsection (1), he is entitled to recover the expenses reasonably incurred by him in carrying out his actions from a person who has been convicted of an offence in consequence of the act or omission which made it appear to the Authority to be necessary or expedient to carry out the actions.

### Dumping at Sea Ordinance 《海上傾倒物料條例》

27. When appeal is to be brought
(1) A person who is aggrieved by a decision or direction of the Authority, an authorized officer or a public officer under the following provisions may appeal to the Appeal Board—
(a) section 7 (designation of a marine dumping area);
(b) section 10 (issue of a permit);
(c) section 12 (issue of a marine pollution abatement notice);
(d) section 23 (taking remedial action).
(2) If an aggrieved person wishes to appeal under subsection (1), he shall do so within 21 days after he receives the notice or the decision.
(3) Where a person appeals under subsection (1)(c) or (d), the notice or decision appealed from is suspended from the day on which notice of appeal is given and until the appeal is disposed of, withdrawn or abandoned, unless—
(a) the Authority considers the notice or decision essential as the continuation of the activities would cause a danger to public health or be seriously detrimental to the amenities of the area affected by the activities; and
(b) the notice or decision contains a statement to that effect.

### Dumping at Sea Ordinance 《海上傾倒物料條例》

28. Constitution of Appeal Board panel
(1) The Chief Executive may appoint a person who is qualified for appointment as a District Judge under section 5 of the District Court Ordinance (Cap. 336) and who is not a public officer as Chairman to sit on all Appeal Boards. (Amended 34 of 2000 s. 3)
(2) The term of appointment for the Chairman is not more than 3 years and he may be reappointed.
(3) The Chief Executive may appoint a panel of persons whom he considers suitable as members of an Appeal Board. (Amended 34 of 2000 s. 3)
(4) The term of appointment for a member of the panel is not more than 3 years and he may be reappointed.
(5) Appointments under this section are to be published in the Gazette.

29. Exercise of Appeal Board’s jurisdiction
(1) The Chairman shall appoint a number of persons from the panel as he considers reasonable for an appeal or group of appeals to constitute an Appeal Board for the appeal or group of appeals.
(2) An Appeal Board may determine an appeal.
(3) On an appeal an Appeal Board may confirm, reverse or vary the decision or direction appealed from.
(4) An Appeal Board determines a question before it by the opinion of the majority of the Chairman and the members hearing the appeal except a question of law which the Chairman determines.
(5) If there is an equality of votes the Chairman has a casting vote.
(6) An Appeal Board is not at any time to have a majority of members who are public officers.
(7) An Appeal Board may—
(a) receive evidence on oath;
(b) take into account a statement, document, information or matter whether or not it would be admissible as evidence in a court of law;
(c) by notice in writing, summon a person to appear before it to produce a document or to give evidence; and
(d) award such amount for costs in an appeal as is just and equitable in the circumstances of the case.
(8) The party awarded costs under subsection (7)(d) may enforce the award as a civil debt and costs awarded against the Authority, an authorized officer or a public officer under subsection (7)(d) is a charge on the general revenue.
(9) The Chairman may determine a matter of practice in so far as provision is not made in this Ordinance.

### Dumping at Sea Ordinance 《海上傾倒物料條例》

30. Supplementary provisions as to Appeal Board
(1) If the Chairman is unable to exercise his functions the Chief Executive may appoint another person qualified for appointment as a District Judge under section 5 of the District Court Ordinance (Cap. 336) to act as Chairman. (Amended 34 of 2000 s. 3)
(2) An acting Chairman may exercise and perform the powers, functions and duties of the Chairman during the period of his appointment.
(3) If a member appointed by the Chairman to hear an appeal is unable to exercise his functions, the Chairman may appoint another person from the panel to act in his place.
(4) The Chairman or a member may resign his office by notice in writing to the Chief Executive. (Amended 34 of 2000 s. 3)
(5) An Appeal Board may continue the hearing of an appeal or group of appeals even though the membership of the Appeal Board has changed as if the change had not occurred.
(6) The Chairman shall not appoint, without the consent of the parties, a person as a member of an Appeal Board before which the hearing of an appeal has commenced.

31. Case stated
(1) The Chairman may, before an appeal is determined, refer a question of law to the Court of Appeal by way of case stated.
(2) In addition to the other powers of the Court of Appeal in hearing a case stated the Court of Appeal may amend the case or order it to be sent back to the Chairman of the Appeal Board for amendment.

32. Regulations
The Authority may prescribe by regulation matters that are required to be prescribed under this Ordinance.

33. Repeal and savings
(1) The Dumping at Sea Act 1974 (Overseas Territories) Order 1975 (App. III, p. DK1) is amended in Schedule 2 by repealing the entry relating to “Hong Kong”.
(2) A licence issued under the Order repealed by subsection (1) shall continue in force as if it were a permit issued under section 10.
(3) The Determination of Licence Fees (L.N. 283 of 1994)* shall continue in force as if the Authority had made it under section 32.
(4) (Omitted as spent—E.R. 4 of 2020)(5) Sections 23 to 25 of the Interpretation and General Clauses Ordinance (Cap. 1) apply to repeals made by this section as if the provisions repealed were part of an Ordinance.
Editorial Note:
* Repealed—see s. 3 of L.N. 502 of 1996.

### Human Organ Transplant Ordinance 《人體器官移植條例》

1. Short title
(Amended E.R. 4 of 2020)(1) This Ordinance may be cited as the Human Organ Transplant Ordinance.
(2) (Omitted as spent—E.R. 1 of 2012)