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

3. Governor may give directions
(1) The Governor may give such directions as he thinks fit, either generally or in any particular case, with respect to the exercise or performance by the Secretary or the Authority of any powers, functions or duties under this Ordinance.
(2) The Secretary and the Authority shall, in the exercise or performance of their respective powers, functions and duties under this Ordinance, comply with any directions given by the Governor under subsection (1).
(Amended 83 of 1993 s. 3)

4. Water control zones
(1) The Governor in Council may by order published in the Gazette—
(a) after consultation with the Advisory Council on the Environment, declare any part of Hong Kong to be a water control zone for the purposes of this Ordinance. (Amended L.N. 165 of 1984; L.N. 57 of 1994)
(b) (Repealed 83 of 1993 s. 4)(2)-(3) (Repealed 83 of 1993 s. 4)(4) An order under subsection (1) shall, for each water control zone constituted thereby—
(a) make reference to a plan or map of that zone deposited in the Land Registry at Victoria; or (Amended 8 of 1993 s. 2)
(b) sufficiently describe the zone by other means.

5. Secretary to establish quality objectives
(1) The Secretary shall, after consultation with the Advisory Council on the Environment, establish for the waters of Hong Kong in each water control zone a water quality objective or different objectives for different parts of a zone. (Amended L.N. 165 of 1984; L.N. 57 of 1994)
(2) The water quality objective for any particular waters shall be the quality which, in the opinion of the Secretary, should be achieved and maintained in order to promote the conservation and best use of those waters in the public interest.
(3) Any water quality objective may be amended from time to time by the Secretary, after consultation with the Advisory Council on the Environment. (Amended L.N. 165 of 1984; L.N. 57 of 1994)
(4) A statement of every water quality objective established under subsection (1) and all amendments thereto, signed by the Secretary, shall be published in the Gazette and shall be kept with the register and made available for inspection by the public free of charge at the same times as the register is so available.
(5) Where under subsection (1) the Secretary establishes different water quality objectives for different parts of a water control zone he shall ensure that the statement thereof kept with the register pursuant to subsection (4) sufficiently delineates each part of the water control zone.

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

6. Authority to seek to achieve quality objectives
(1) (Repealed 83 of 1993 s. 5)(2) The Secretary shall notify the Authority of all water quality objectives and of any amendment thereof under section 5(3). (Amended L.N. 76 of 1982; L.N. 74 of 1986; 83 of 1993 s. 5)
(3) The Authority shall exercise and perform his powers, functions and duties under this Ordinance with the aim of achieving the relevant water quality objectives as soon as is reasonably practicable and thereafter maintaining the quality so achieved. (Amended 83 of 1993 s. 5)
(4) If in the opinion of the Secretary the achievement or maintenance of any water quality objective would be better served by the exercise by the Authority of any of his powers under section 20(4) or 24, the Secretary may, subject to subsection (5), give directions in writing to the Authority as to the manner in which he shall exercise those powers; and, in the case of a direction which relates to section 20(4), any such direction may be of a general nature or relate to a particular case or particular cases.
(5) The Secretary shall not give any direction under subsection (4) as to the manner in which the Authority shall exercise the powers in section 24 in relation to a discharge or deposit unless he considers that— (Amended 83 of 1993 s. 5)
(a) any part of the waters of Hong Kong are in such a condition as to constitute a danger to the health of the public, or a section of the public, and the exercise of the powers in relation to that discharge or deposit would tend to lessen the danger; or
(b) in the case of a licence for the purpose of section 9, the discharge or deposit may be harmful to the operation of any sewage treatment plant.
(6) The Authority shall comply with any direction given to him under subsection (4) and the discretion conferred on the Authority by section 20(4) or 24(1) shall not apply to any discharge or deposit in respect of which such a direction is in force.
(Amended 67 of 1990 s. 22)

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

10A. Liability of directors, etc.
(1) Where a person convicted of an offence under this Ordinance is a body corporate and it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect or omission on the part of, any director, manager, secretary or other person concerned in the management of the body corporate, the director, manager, secretary or other person also commits the offence.
(2) Where a person convicted of an offence under this Ordinance is a partner in a partnership and it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect or omission on the part of, any other partner or any person concerned in the management of the partnership, the partner or the person concerned in the management also commits the offence.
(Added 67 of 1990 s. 6)

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

11. Penalties
(1) A person who commits an offence under section 8(1), 8(2), 9(1) or 9(2) is liable to imprisonment for 6 months and—
(a) for a first offence, a fine of $200,000;
(b) for a second or subsequent offence, a fine of $400,000,
and in addition, if the offence is a continuing offence, to a fine of $10,000 for each day during which it is proved to the satisfaction of the court that the offence has continued. (Amended 67 of 1990 ss. 7 & 22; 83 of 1993 s. 7)
(2) A person who commits an offence under section 8(1A) or who commits an offence under section 9(1) or (2) by discharging any poisonous or noxious matter into a communal sewer or communal drain is liable to—
(a) for a first offence, a fine of $400,000 and imprisonment for 1 year;
(b) for a second or subsequent offence, a fine of $1,000,000 and imprisonment for 2 years, (Amended E.R. 3 of 2018)
and in addition, if the offence is a continuing offence, to a fine of $40,000 for each day during which it is proved to the satisfaction of the court that the offence has continued. (Added 83 of 1993 s. 7)