### Waste Disposal Ordinance 《廢物處置條例》

38. Director to appoint dates for application of certain provisions
(1) Notwithstanding that by virtue of a notice under section 1(2)—
(a) section 11 has come into operation, the prohibition therein against collection of waste otherwise than under a licence shall not apply in relation to chemical waste;
(b) section 16 has come into operation, the prohibition therein against use of land or premises for the disposal of waste otherwise than under a licence shall not apply in relation to any waste; or
(c) section 17 has come into operation, the provisions relating to notice or directions therein shall not apply in relation to waste of a class or description prescribed under section 33(1)(ea),
until the day appointed by the Director by notice under subsection (2) in relation to such provision and to such class or description of waste specified in the notice.
(2) The Director may by notice published in the Gazette appoint a day on and from which a provision referred to in subsection (1) shall apply in relation to waste of any class or description, including in the case of chemical waste a description by reference to—
(a) any chemical or substance prescribed under section 33(1)(e); or
(b) any chemical or substance included in or which is a component or constituent of such chemical or substance.
(Added 86 of 1991 s. 13)

39. 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 any 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 other person concerned in the management of the partnership, the partner or other person also commits the offence.
(Added 86 of 1991 s. 13)

### Waste Disposal Ordinance 《廢物處置條例》

40. Evidence by certificate
In any proceedings for an offence under this Ordinance or any regulations made under section 33, a certificate having attached thereto a map relating to any livestock premises in respect of which the offence is alleged to have been committed and purporting to be signed by the Director, an officer of the Environmental Protection Department not below the rank of Environmental Protection Officer or a Chief Environmental Protection Inspector and certifying that the livestock premises as shown on the map are within a livestock waste prohibition area, a livestock waste restriction area or a livestock waste control area, as the case may be, shall be admitted in evidence on its production without further proof and—
(a) until the contrary is proved it shall be presumed that the certificate was signed by the Director or such officer; and
(b) the certificate and the map attached thereto shall be evidence of the facts contained therein.
(Added 28 of 1994 s. 23)

41. Savings
(1) Any draft waste disposal plan prepared or approved under a provision amended by the Provision of Municipal Services (Reorganization) Ordinance (Cap. 552) (Amending Ordinance

42. Recovery of charges and other sums by the Director as civil debts
The following is recoverable by the Director as a civil debt due to the Government—
(a) any charge or surcharge payable under this Ordinance;
(b) any amount payable pursuant to an order made under section 18A(1)(b) or 23EA(2).
(Added 17 of 2004 s. 10)

43. Payment to facility operator under agreement with Government
(1) Those parts or percentages of any charges imposed by any regulations made under section 33 which are required for—
(a) settling a payment that a facility operator is entitled to receive under an agreement with the Government; or
(b) clearing or closing any advance account opened for that purpose,
shall, subject to the approval of the Financial Secretary, not form part of the general revenue and may, in the case of paragraph (a), be paid to the facility operator in accordance with the agreement.
(2) For the purpose of subsection (1), facility operator

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

1. Citation
(E.R. 5 of 2022)(1) This Regulation may be cited as the Waste Disposal (Chemical Waste) (General) Regulation.
(2) (Omitted as spent—E.R. 5 of 2022)

2. Interpretation
In this Regulation, unless the context otherwise requires—
chemical waste (化學廢物) means any waste which is chemical waste within the meaning of section 3;
container (容器) means a container in which chemical waste is required to be packed under section 9;
dangerous goods (危險品) has the same meaning as in section 2 of the Dangerous Goods Ordinance (Cap. 295);
flash point (燃點), in relation to any liquid, if there is a lowest temperature at which the liquid will give off vapour that will ignite or explode if mixed with air and exposed to a naked light, means that temperature; (29 of 2021 s. 26)
poison (毒藥) has the same meaning as in section 2 of the Pharmacy and Poisons Ordinance (Cap. 138);

reception point (接收站) means a place in respect of which—
(a) a waste disposal licence relating to chemical waste has been granted under section 21 of the Ordinance; or
(b) the requirement for such a licence does not apply under section 16(2)(b) of the Ordinance,
but does not include any site or premises referred to in section 8(1)(b);

reception point manager (接收站經理) means any person in charge of a reception point or any person at a reception point who is authorized to accept chemical waste delivered at that reception point;
registration (登記) means registration under Part II;
specified (指明) in relation to any form required for the purposes of this Regulation means specified by the Director under section 36;
waste collector (廢物收集者) means any person who is authorized by a licence granted under section 21 of the Ordinance to provide the service of collection or removal of chemical waste and includes any person collecting or removing such waste on his behalf;

waste producer (廢物產生者) means—
(a) in sections 6 and 7, any person who produces or causes chemical waste to be produced; or
(b) subject to paragraph (a), any person who produces chemical waste or causes it to be produced or who is in possession of or has the custody of chemical waste otherwise than as a waste collector or a reception point manager.