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

41. Offence to disclose secret information obtained officially
(1) A person commits an offence who, except in the circumstances provided for in subsection (2), discloses or gives to another person any information or document concerning a trade, business or manufactory secret which has come to his knowledge or into his possession in the course of the exercise or performance of his powers, functions or duties under this Ordinance.
(2) A person does not commit an offence under subsection (1) if he discloses or gives any information or document to another person—
(a) for the purpose of the exercise or performance of his functions, duties or powers under this Ordinance or proceedings connected therewith;
(b) pursuant to an order of a court under subsection (3);
(c) with the consent in writing of all such persons as appear to him, after reasonable inquiry, to be interested in the confidentiality of the information or document.
(3) Where in any proceedings a court considers that the justice of the case so requires, the court may order the disclosure of any information or the giving of any document referred to in subsection (1).
(4) Any person who commits an offence under subsection (1) is liable to a fine at level 3 and to imprisonment for 6 months. (Amended E.R. 4 of 2021)

42. Protection of Government and public officers
(1) No liability shall rest on the Government or upon any public officer by reason of the fact that any licence is granted, renewed, varied, transferred or cancelled, or that any exemption is granted, continued or cancelled, under this Ordinance. (Amended 31 of 2008 s. 14)
(2) A public officer shall not be personally liable in respect of any act or omission of his if it was done or made by him in the honest belief that it was required or authorized in the exercise of any function, duty or power of his under this Ordinance.
(3) The protection conferred on public officers by subsection (2) in respect of any act or omission shall not in any way affect any liability of the Government in tort for that act or omission.
(Amended 29 of 1998 s. 64)

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

44. Application of Ordinance to Crown
(1) Subject to this section, this Ordinance shall bind the Crown.
(2) Section 10, 12 or 13 shall not have effect to permit proceedings to be taken against, or to impose any criminal liability on, the Crown or on any person who causes or permits to be emitted any air pollutant or conducts any specified process which he is required to emit or conduct in the course of carrying out his duties in the service of the Crown.
(3) If it appears to the Authority that any emission of an air pollutant or conduct of a specified process is being, or has been, emitted or conducted in contravention of section 10, 12 or 13, by any person in the course of carrying out his duties in the service of the Crown, the Authority shall, if the contravention is not forthwith terminated to his satisfaction, report the matter to the Chief Secretary for Administration. (Amended L.N. 362 of 1997)
(4) On receipt of a report under subsection (3) the Chief Secretary for Administration shall enquire into the circumstances and, if his enquiry shows that a contravention of section 10, 12 or 13 is continuing or likely to recur, he shall ensure that the best practicable steps are taken to terminate the contravention or avoid the recurrence. (Amended L.N. 362 of 1997)
(5) Any notice or application under this Ordinance concerning the emission of an air pollutant or the conduct of a specified process which is to be, or may be, given or made by or on behalf of the Crown may be given or made by any public officer on behalf of the Crown.
(6) Any notice under this Ordinance concerning the emission of an air pollutant or the conduct of a specified process which is to be, or may be, given by the Authority to the Crown shall be given to the principal officer of the Government Department which appears to the Authority to be responsible for the emission or conduct or, in the event of any question arising as to which Department is responsible, to such public officer as the Chief Secretary for Administration shall determine. (Amended L.N. 362 of 1997)
(7) No fee or charge prescribed for the purposes of this Ordinance shall be payable by the Crown.

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

45. Advisory Council on the Environment
If any question arises as to who are the body of persons for the time being constituting the Advisory Council on the Environment mentioned in sections 6, 7A, 37 and 43 the matter shall be referred to the Chief Secretary for Administration, who shall determine the question by certificate under his hand.
(Amended L.N. 165 of 1984; L.N. 57 of 1994; L.N. 362 of 1997; 12 of 2013 s. 6)

46. Limit of time for laying informations, etc.
(1) A complaint or information in respect of an offence under this Ordinance shall be made or laid, as the case may be, within— (Amended 13 of 1993 s. 29)
(a) 6 months from the time when the matter of such complaint or information respectively first came to the knowledge of the Authority or an authorized officer; or
(b) 1 year from the time of the commission of the offence, 
whichever is the earlier.
(2) Subsection (1) does not apply to the making of a complaint or laying of an information for an offence which is a continuing offence. (Added 13 of 1993 s. 29)
(3) Where an offence is of a continuing nature a complaint or information in respect of the offence shall be made or laid, as the case may be, within 6 months after the continuance of the offence first coming to the notice of the Authority or an authorized officer. (Added 13 of 1993 s. 29)

47. Prosecution of offences
(1) Subject to this section, prosecutions for offences against this Ordinance may be brought in the name of the Authority, and may be commenced and conducted by any public officer appointed under section 13 of the Magistrates Ordinance (Cap. 227).
(2) Nothing in this section shall be deemed to derogate from the powers of the Secretary for Justice in relation to the prosecution of offences. (Amended L.N. 362 of 1997)