### Waste Disposal (Chemical Waste) (General) Regulation 《廢物處理(化學廢物)(一般)規例》

32. Precautions for public health and safety
(1) Without prejudice to any specific duty or requirement imposed under any other provision in this Regulation a person—
(a) shall, in the storage, collection, transportation, reception, transfer, disposal, import or export or in otherwise handling chemical waste, take all necessary precautions for preventing any hazard or danger to public health or safety or pollution or risk of pollution to the environment;
(b) shall not deal with or dispose of chemical waste in any manner contrary to this Regulation or so as to cause any hazard or danger to public health or safety.
(2) Any person who contravenes subsection (1) commits an offence and is liable to a fine of $200,000 and to imprisonment for 6 months.

33. Circumstances under which waste disposal licence is to be granted
The licensing authority shall not grant a waste disposal licence under section 21(4) of the Ordinance in respect of the disposal of chemical waste unless he is satisfied that the land or premises in respect of which the licence is sought has a waste disposal facility which is capable of—
(a) disposing of an aggregate of not less than 1 000 litres or kilograms of waste in a day;
(b) reducing the harmful impact of chemical waste on the environment by serving as a facility for the disposal of chemical waste on site where it is produced and avoiding the movement of chemical waste; or
(c) disposing of chemical waste in any other manner beneficial to the environment.

34. Provisions of the Dangerous Goods Ordinance not to be prejudiced
The provisions of this Regulation shall be without prejudice to the Dangerous Goods Ordinance (Cap. 295) and any regulation made thereunder.

35. Exemptions
(1) Any chemical waste which is household waste is exempt as waste—
(a) in respect of which notice is to be given under section 17 of the Ordinance; and
(b) to which any other requirement in this Regulation applies.
(2) The Director may, where he is satisfied that it is reasonable to do so, grant exemptions from this Regulation or any requirement thereof either on his own volition or on application.
(3) The Director may attach such conditions as he considers reasonable to any exemption granted under subsection (2).

36. Forms
The Director may specify in such manner as he may determine any form required for the purposes of this Regulation.

### Waste Disposal (Chemical Waste) (General) Regulation 《廢物處理(化學廢物)(一般)規例》

37. Offence of furnishing false information
Any person who—
(a) in furnishing any information or particulars under this Regulation in a trip ticket or any form specified for the purposes of this Regulation, in relation to arrangements for disposal of chemical waste or otherwise, makes a statement or gives an estimate which he knows to be incorrect in a material particular or recklessly makes a statement or gives an estimate which is incorrect in a material particular or knowingly or recklessly omits a material particular; or
(b) for the purposes of this Regulation, certifies as correct anything which he knows to be incorrect or recklessly certifies as correct anything which is incorrect,
commits an offence and is liable to a fine of $200,000 and to imprisonment for 6 months.

38. Continuing offences
If a person is convicted of any offence under this Regulation and that offence is a continuing offence, such person shall, in addition to any penalty which may be imposed under the relevant section, be liable to a fine of $10,000 for each day on which the offence continues.

### Waste Disposal (Chemical Waste) (General) Regulation 《廢物處理(化學廢物)(一般)規例》

39. Defences
(1) In any proceedings—
(a) for an offence under—
(i) section 6;
(ii) Part III; or
(iii) section 21; or
(b) against a reception point manager for failure to engage the services of a waste collector as required under section 27(1),
it shall be a defence for the person charged to prove that the failure to comply with the relevant requirement was due to an emergency and that as soon as reasonably practicable he informed the Director of such failure.
(2) Subject to subsection (3), in any proceedings—
(a) for an offence under—
(i) Part IV; or
(ii) section 22, 23, 24, 25, 26 or 28; or
(b) under section 27 against—
(i) a reception point manager for failing to comply with any requirement in section 22;
(ii) a waste collector for failing to comply with any requirement in section 23, 24 or 25; or
(iii) a reception point manager or any person authorized by him for failing to comply with any requirement in section 26,
it shall be a defence for the person charged to prove that the failure to comply with the relevant requirement was due to an emergency and that as soon as reasonably practicable he informed the Director of such failure.
(3) In any proceedings for an offence under section 24(2), it shall be a defence for the waste collector to prove that he took all reasonable measures and exercised all due diligence to deliver the chemical waste, that the failure to deliver the chemical waste was due to circumstances beyond his control and that as soon as reasonably practicable he informed the Director of such failure.
(4) In this section, emergency (緊急情況) means—
(a) a fire involving any reactive or highly inflammable chemical or a chemical which releases highly toxic vapour; or
(b) any such incident which requires the making of immediate arrangements for the removal and disposal of waste, in the interests of safety.

### Marine Fish Culture Ordinance 《海魚養殖條例》

1. Short title
This Ordinance may be cited as the Marine Fish Culture Ordinance.

### Marine Fish Culture Ordinance 《海魚養殖條例》

3. Authorized officers
(1) The Director may authorize in writing any public officer to exercise any of the powers and perform any of the duties or functions conferred or imposed on the Director or an authorized officer by this Ordinance.
(2) A document purporting to be an authorization under subsection (1) and to be signed by the Director shall, without further proof and until the contrary is proved, be evidence of the matters contained therein in any proceedings or otherwise.
(3) An authorized officer when exercising a power or performing a duty or function under this Ordinance shall produce his authorization under subsection (1) for inspection by any person who questions his authority to exercise the power or to perform the duty or function.
(4) A public officer who ceases to be an authorized officer shall forthwith deliver up his authorization to a person authorized by the Director to receive it.

4. Power of Chief Executive to give directions
(1) The Chief Executive may give to the Director or to an authorized officer such directions as he thinks fit with respect to the exercise or performance of any powers, duties or functions under this Ordinance, and such directions may be given either generally or in respect of any particular case.
(2) A person to whom a direction is given by the Chief Executive under subsection (1) shall, in the exercise or performance of any powers, duties or functions under this Ordinance, comply with that direction.
(Amended 65 of 1999 s. 3)

5. Designation of fish culture zones and specification of sites therein
The Director may—
(a) by order published in the Gazette designate any area of the waters of Hong Kong to be a fish culture zone within which fish culture may be engaged in, and he shall demarcate the boundaries of the fish culture zone in the prescribed manner; and
(b) in such manner as he thinks fit, specify sites within a fish culture zone.

6. Restrictions on fish culture
(1) No person shall, without a licence, engage in fish culture within a fish culture zone.
(2) No person shall, without a permit granted under section 14(1)(a), engage in fish culture within the waters of Hong Kong for the purposes of scientific research.
(3) No person shall, without a permit granted under section 14(1)(b), maintain fish in captivity within the waters of Hong Kong for purposes other than the propagation or promotion of growth of such fish.
(4) Any person who contravenes this section commits an offence.