### Water Pollution Control Ordinance 《水污染管制條例》

26. Compensation for cancellation of licences and exemptions with the approval of the Governor in Council
(1) (Repealed 67 of 1990 s. 22)(2) Where a licence is, pursuant to section 24(2)—
(a) cancelled as provided in section 24(3)(b); or
(b) varied as provided in section 24(3)(a)(i) or (c) so as to impose additional obligations on the person making the discharge or deposit,
within 2 years after it came into effect the Authority shall be liable to pay compensation to the person whose licence is cancelled or varied. (Amended 42 of 1985 s. 4; 67 of 1990 s. 22)

27. Assessment of compensation
(1) Subject to subsection (2), the manner of determining the amount of compensation payable under sections 25 and 26, the factors to be taken into account or disregarded and the principle to be applied in determining that amount shall be such as may be prescribed in regulations made under section 46.
(2) The provisions of the Second Schedule shall have effect for the purposes of determining the amount of compensation payable under sections 25 and 26 and for the purposes of the incidental matters for which they provide.

### Water Pollution Control Ordinance 《水污染管制條例》

28. Applications for variation of licences
(1) A person who is making a discharge or deposit for which a licence is in force may apply to the Authority in the prescribed form for a variation of the licence.
(2) The fee prescribed for an application under subsection (1) must be paid by a date specified in a demand note issued by the Authority. (Replaced 83 of 1993 s. 18)
(3) Section 19(3), (3A) and (4) shall apply for the purpose of publicly notifying an application under this section for the variation of a licence for the purposes of section 8(1)(a) or section 8(1)(b) as if it were an application for a licence. (Amended 67 of 1990 s. 22)
(4) The Authority may either grant the application, with or without modification, or refuse to grant it but, except where section 19(3A) applies, in the case of a variation of a licence for the purposes of section 8(1)(a) or section 8(1)(b) shall not do so earlier than 30 days after the last notice is published in a newspaper pursuant to subsection (3). (Amended 67 of 1990 s. 22)
(5) If the Authority refuses to grant an application or any part thereof he shall notify the applicant and shall inform him of the reasons for his refusal.
(6) Section 20(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.
(7) The Authority may grant an application on such terms and conditions as he thinks fit (including terms and conditions relating to the matters set out in the First Schedule) except that, without prejudice to section 24, he shall not impose any new obligation on the applicant in relation to that part of the discharge or deposit which is already licensed unless—
(a) the place at which the discharge or deposit may be made is being varied; or
(b) in his opinion such part would have a significantly different effect on the relevant waters as a result of the granting of the application.

### Water Pollution Control Ordinance 《水污染管制條例》

30. Constitution of Appeal Board
(1) Every appeal under section 29 shall be determined by an Appeal Board constituted under this Part.
(2) The Governor shall appoint as Chairman of Appeal Boards a person who is qualified in law.
(3) Subject to section 32(3), the Chairman and any person appointed under subsection (4) shall be appointed for a term of not exceeding 3 years but may be reappointed. (Amended 83 of 1993 s. 20)
(4) The Governor shall also appoint a panel of persons whom he considers to be suitable for appointment as members of an Appeal Board pursuant to section 31(1).
(5) An appointment under subsection (2) and every appointment to the panel under subsection (4) shall be notified in the Gazette.
(6) In subsection (2) and in section 32(1) qualified in law (具法律專業資格) means qualified for appointment as a District Judge under section 5 of the District Court Ordinance (Cap. 336). (Amended E.R. 3 of 2018)

31. Exercise of Appeal Board’s jurisdiction
(1) The jurisdiction of an Appeal Board on any appeal or group of appeals shall be exercised by the Chairman and such number of persons from the panel referred to in section 30(4) as the Chairman may appoint for that appeal or group of appeals.
(2) On any appeal an Appeal Board may confirm, reverse or vary the decision or requirement of the Authority or the Secretary.
(3) Every question before an Appeal Board shall be determined by the opinion of the majority of the Chairman and the members hearing the appeal except a question of law which shall be determined by the Chairman; in the event of an equality of votes the Chairman shall have a casting vote.
(4) An Appeal Board shall not at any time consist of a majority of persons who are public officers.
(5) An Appeal Board may—
(a) receive evidence on oath;
(b) admit or take into account any statement, document, information or matter whether or not it would be admissible as evidence in a court of law; and
(c) by notice in writing summon any person to appear before it to produce any document or to give evidence.
(6) The Chairman may determine any form or matter of practice or procedure in so far as no provision is made therefor in this Ordinance.

### Water Pollution Control Ordinance 《水污染管制條例》

32. Supplementary provisions as to Appeal Board
(1) If the Chairman of Appeal Boards is precluded by illness, absence from Hong Kong or any other cause from exercising his functions the Governor may appoint any other person qualified in law to act as Chairman and as such to exercise and perform all of the powers, functions and duties of the Chairman during the period of his appointment.
(2) If a person appointed by the Chairman under section 31(1) to hear an appeal or group of appeals is precluded by illness, absence from Hong Kong, or any other cause from exercising his functions, the Chairman may appoint any other person from the panel provided for in section 30(4) to act in his place.
(3) The Chairman of Appeal Boards and any person appointed under section 30(4) may at any time resign his office by notice in writing to the Governor. (Amended 83 of 1993 s. 21)
(4) If the parties to an appeal consent, the hearing of the appeal may be continued notwithstanding any change in the membership of an Appeal Board as if the change had not occurred.

33. Review of Appeal Board’s decision by Governor in Council
(1) This section applies where—
(a) an Appeal Board has reversed or varied a decision or requirement of the Authority or the Secretary; and
(b) the Authority or Secretary considers that exceptional circumstances require the review of the Board’s decision in the public interest.
(2) The Authority or Secretary may, where this section applies, within 14 days of being notified of a decision of an Appeal Board refer the case for review by the Governor in Council.
(3) Where the Authority or the Secretary has referred a case for review under subsection (2), he shall forthwith notify the other party in writing of the reference, giving his reasons for seeking the review and inviting him to submit written representations concerning the review, within 14 days of receiving the notice, for consideration by the Governor in Council.
(4) Upon a reference under subsection (2) and upon the expiry of the period of 14 days referred to in subsection (3) the Governor in Council may review the case, considering any representations submitted under subsection (3), and may confirm, reverse or vary the decision of the Appeal Board.

34. Case may be stated for Court of Appeal
(1) The Chairman of Appeal Boards may of his own motion, before an appeal is determined, refer any question of law to the Court of Appeal by way of case stated.
(2) On the hearing of the case the Court of Appeal may amend the case or order it to be sent back to the Appeal Board for amendment.