### Sewage Services Ordinance 《污水處理服務條例》

5. Liability for sewage charges and trade effluent surcharges
A consumer or agent, as the case may be, who is liable to pay sewage charges under section 3 or trade effluent surcharges under section 4, as the case may be, shall remain liable until—
(a) another consumer or agent is approved by the Water Authority in his place; or
(b) an undertaking given by the consumer or agent under section 7 of the Waterworks Ordinance (Cap. 102) in respect of paying charges under that Ordinance is cancelled by the Water Authority,
notwithstanding that—
(i) he ceases to occupy the premises;
(ii) he ceases to be responsible for the management of the premises or any part thereof; or
(iii) the Water Authority exercises any power under section 8, 9, 10 or 19(2) of the Waterworks Ordinance (Cap. 102).

6. Unpaid trade effluent surcharges
(1) A trade effluent surcharge which is not paid shall be a debt due to the Government.
(2) Where a trade effluent surcharge is not paid on or before the date specified in a notice of demand, a penalty on the unpaid trade effluent surcharge may be levied in accordance with regulations made under this Ordinance.

7. Recovery of charges arising from false statements or withholding information
Where a consumer—
(a) fails to supply required information;
(b) fails to notify the Drainage Authority as required under section 4(8);
(c) supplies information which he knew or ought reasonably to have known was false in a material particular,
he shall be liable for any sewage charges or trade effluent surcharges not paid as a result of such action and the unpaid sewage charges or trade effluent surcharges may be recovered as a debt due to the Government.

### Sewage Services Ordinance 《污水處理服務條例》

8. Presumptions and evidence in writing
(1) In any civil proceedings a document, purporting to be signed by the Drainage Authority, stating in the case of proceedings for the recovery of an unpaid trade effluent surcharge—
(a) the name of the person liable to pay the trade effluent surcharge;
(b) the amount of the trade effluent surcharge;
(c) the nature and other particulars of the trade effluent surcharge; and
(d) that the trade effluent surcharge remains unpaid,
shall be admitted in evidence without further proof.
(2) On the production of a document mentioned in subsection (1)—
(a) the court before which it is produced shall, in the absence of evidence to the contrary, presume—
(i) that it was signed at the time and place specified therein by the Drainage Authority;
(ii) that the facts stated in the document are true; and
(iii) that the record of the facts stated in the document was made and compiled at the time stated therein; and
(b) the document shall be evidence of all other matters contained therein.
(3) Where any document is produced and admitted as evidence under subsection (1), the court may, if it thinks fit, on its own motion or on the application of any party to the proceedings, summon the person who signed the document and examine him as to the subject-matter thereof.

### Sewage Services Ordinance 《污水處理服務條例》

9. Reduction, etc. of charges
(1) The Drainage Authority may in any particular case reduce, waive or refund, in whole or in part, sewage charges or trade effluent surcharges, where the Drainage Authority is satisfied that—
(a) there is a change in the category of trade, business or manufacture;
(b) premises are not connected to a communal drain or a communal sewer which is vested in and maintained by the Government;
(c) there is leakage in the water pipe or there are errors in water consumption records;
(d) the premises in respect of which the sewage charge or trade effluent surcharge is levied is used for industrial, commercial, recreational or agricultural purposes and the consumer has demonstrated to the Drainage Authority’s satisfaction that the volume of wastewater discharged into a communal drain or communal sewer is not more than a prescribed percentage of the volume of water on which the sewage charge or trade effluent surcharge, as the case may be, is based.
(2) A reduction, waiver or refund of sewage charges only shall not be granted unless the consumer or agent, as the case may be, lodges an application with the Drainage Authority not more than one month after the date of issue of the demand note to which the application relates, and the application shall include sufficient evidence for the Drainage Authority to make a determination.
(3) Where the Water Authority exercises his authority under section 22 of the Waterworks Ordinance (Cap. 102) and reduces, waives or refunds, in whole or in part, a charge for water, other than water specifically supplied for flushing purposes, the Drainage Authority shall, without an application by the consumer or agent, reduce, waive or refund the sewage charge and trade effluent surcharge, if any, so that such charges are based on the volume of water for which a charge was actually levied by the Water Authority.

10. Access to premises by Drainage Authority
(1) Subject to subsection (2), the Drainage Authority may, at all reasonable times, enter the premises of a consumer—
(a) for the purpose of verifying information that is needed in determining the rate to be charged for sewage charges and trade effluent surcharges; and
(b) to measure the volume of wastewater discharged or to collect samples of wastewater being discharged into a communal drain or a communal sewer.
(2) No domestic premises shall be entered by the Drainage Authority unless the occupier of the premises gives his consent.
(3) Where the Drainage Authority leaves equipment in a consumer’s premises for measuring the volume or collecting samples of wastewater, a person shall not tamper with the equipment.
(4) A person who—
(a) obstructs the Drainage Authority in the exercise of his powers under this section; or
(b) tampers with equipment contrary to subsection (3), commits an offence and is liable on conviction to a fine at level 3.

### Sewage Services Ordinance 《污水處理服務條例》

11. Alternative sources of water
Where a person uses water that is not supplied by the Water Authority and the water is used in premises that are connected to a communal drain or a communal sewer which is vested in and maintained by the Government, for the purpose of removing wastewater therefrom, the person shall be liable to pay sewage charges and trade effluent surcharges, if applicable, as if he were a consumer, and the Drainage Authority shall, for the purpose of determining the amount of such sewage charges and trade effluent surcharges, estimate the volume of such water used in the premises and the person shall pay to the Government sewage charges and trade effluent surcharges based on such estimate.

12. Regulations
(1) The Chief Executive in Council may make regulations— (Amended 34 of 2000 s. 3)
(a) prescribing the rate to be used for sewage charges;
(b) prescribing the rates of trade effluent surcharges and the regulations may prescribe different rates for different categories of producers of trade effluent and may establish rates based on the relative strength of the trade effluent produced including the relative strength compared with the average strength of domestic sewage;
(c) providing that, where premises are used for a prescribed trade, business or manufacture, the trade effluent surcharge shall be based on a prescribed percentage of the volume of water supplied to the premises by the Water Authority, other than water supplied specifically for flushing purposes;
(d) prescribing the percentage of the volume of water on which the sewage charge or trade effluent surcharge is based for the purposes of section 9(1)(d);
(e) providing for variations in the rate of trade effluent surcharges for individual consumers and establishing the criteria to be used in determining such variations;
(f) establishing financial penalties for unpaid sewage charges and surcharges;
(g) requiring the furnishing of information needed for billing purposes by the Drainage Authority.
(2) A regulation made under subsection (1)(g) may provide that a person who fails to furnish the information or furnishes false information commits an offence and is liable to a fine not exceeding level 6.

### Sewage Services Ordinance 《污水處理服務條例》

14. Appeal to the Administrative Appeals Board
A person aggrieved by any decision of the Drainage Authority made in respect of him under this Ordinance may, within 28 days from the date when he was informed of the decision, appeal to the Administrative Appeals Board.