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

40B. Recovery of costs
(1) Where under this Ordinance the Authority is authorized to recover the costs of works carried out, he may certify the costs due and names of the persons liable for the costs, apportioning the costs if appropriate.
(2) Without limiting the generality of costs (費用), the costs may include supervision charges and the costs of materials supplied by the Authority for the purpose of carrying out the works.
(3) The Authority shall serve a copy of his certificate on each person who is liable to pay costs.
(4) Annual interest at the rate of 10% commencing 1 month after the date of service of the certificate is recoverable as part of the costs.
(5) Payment of costs by any person is without prejudice to his right to recover the payment from any other person who is liable to pay for the costs.
(6) Costs certified by the Authority are recoverable as a civil debt due to the Crown.
(7) A writ of summons initiating an action to recover costs as a civil debt due to the Crown shall be presumed to have been served if the court is satisfied that the writ was left at the defendant’s residence or place of business or, if those are not known, that it was left at the building or land in respect of which the claim is made.
(8) A certificate purporting to be certified by the Authority under subsection (1) shall on its production be admitted in any proceedings without further proof and shall be presumed, in the absence of evidence to the contrary, to be proof of the signature of the Authority and of the facts certified in relation to the costs due from the person sued for the matters specified.
(9) At any time before the costs have been wholly recovered, a copy of the certificate referred to in subsection (1) may be registered under the Land Registration Ordinance (Cap. 128) against the land or premises in respect of which the costs arose, and the copy so registered constitutes a legal charge as defined in the Conveyancing and Property Ordinance (Cap. 219).
(10) On the recovery of all of the costs certified under this section the Authority shall, if there has been a registration against land or premises under subsection (9), register under the Land Registration Ordinance (Cap. 128) a certificate of satisfaction against the land or premises.
(Added 83 of 1993 s. 27)

40C. Documentary evidence
A document purporting to be signed or issued by or on behalf of the Authority under this Ordinance is on its production admissible in evidence without proof of the signature or that it was issued by or on behalf of the Authority and is, in the absence of evidence to the contrary, proof of the facts stated in it.
(Added 83 of 1993 s. 27)

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

41. Authority may hold a hearing
(1) Where on an application under section 19, 23, 23A or 28, any objection to the grant of the application is duly made to the Authority, he may hear the applicant and any objector if he considers it expedient for the purpose of obtaining information relevant to any question to be decided. (Amended 67 of 1990 s. 22)
(2) The procedure to be followed at, or for the purpose of convening, any hearing under subsection (1) shall be determined by the Authority.

42. Authority to keep register
(1) The Authority shall cause to be kept, in such form as the Secretary may determine, a register containing the prescribed particulars in relation to such of the following as fall under his jurisdiction—
(a) (Repealed 67 of 1990 s. 22)(b) all discharges and deposits for which a licence is in force, applications for such licences and other applications and notices under this Ordinance in respect thereof;
(c) such other matters as may be required by regulations made under section 46 to be recorded in the register.
(2) The register shall be open for inspection by the public during normal office hours at such places as the Secretary thinks fit.
(3) A person shall be entitled, upon payment of the prescribed fee, to a copy of any entry in the register certified by or on behalf of the Authority.

43. Protection of private information from publicity
(1) Any person may apply to the Secretary to withhold from public notification or other public access under this Ordinance any specified information concerning a discharge or deposit, whether appearing in a licence or an application therefor or in any notice, return or other document.
(2) An application under subsection (1) shall be granted by the Secretary to the extent that he is satisfied that public notification or other public access to the information would—
(a) be contrary to the applicant’s private interest to an unreasonable degree; or
(b) be contrary to the public interest.
(3) Where an application under this section is refused by the Secretary, whether in whole or in part—
(a) notice of the refusal and of the reasons therefor shall be given in writing by the Secretary to the applicant;
(b) the information shall not be publicly notified or otherwise made accessible to the public until the time for appeal under section 29(3) has expired.

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

44. Offence to disclose secret information obtained officially
(1) A person commits an offence who, except in the circumstances provided for in subsection (2), discloses or gives to another person any information or document concerning a trade or business secret which has come to his knowledge or into his possession in the course of the exercise or performance of his powers, functions or duties under this Ordinance.
(2) A person does not commit an offence under subsection (1) if he discloses or gives any information or document to another person—
(a) for the purpose of the exercise or performance of his powers, functions or duties under this Ordinance and proceedings connected therewith;
(b) pursuant to an order of a court under subsection (3);
(c) with the consent in writing of all such persons as appear to him, after reasonable inquiry, to be interested in the confidentiality of the information or document.
(3) Where in any proceedings a court considers that the justice of the case so requires, the court may order the disclosure of any information or the giving of any document referred to in subsection (1).
(4) A person who commits an offence under subsection (1) is liable to a fine at level 4 and to imprisonment for 6 months. (Amended 67 of 1990 s. 20; E.R. 2 of 2021)

45. Protection of Crown and public officers
(1) No liability shall rest on the Crown or upon any public officer by reason of the fact that any licence is granted or continued under this Ordinance for the discharge or deposit of any matter into the waters of Hong Kong or into inland waters or into a communal sewer or communal drain. (Amended 67 of 1990 s. 22)
(2) A public officer shall not be personally liable in respect of any act or omission of his if it was done or made by him in the honest belief that it was required or authorized in the exercise of any power, function or duty of his under this Ordinance.
(3) The protection conferred on public officers by subsection (2) in respect of any act or omission shall not in any way affect any liability of the Crown in tort for that act or omission.