Forward… - Hong Kong Polytechnic University...Page 1 Forward… Hotels and the environment…...

Forward…

Hotels and theenvironment…

According to World Travel & Tourism Council (WTTC) in1998 revenues for Hong Kong’s travel and tourism industrywas HK$72.6 billion, brought in by 9.6 million visitors, ofwhich 32% were business travellers. Despite the reductionfrom the recent economic turndown such numbers are large incomparison with Hong Kong’s permanent population ofaround 6.3 million, and have a significant impact on itsenvironmental loading.

Hong Kong is no exception to the growing world-widerecognition and acceptance of the moral, ethical, social andpolitical arguments for taking action on environmental issues.For the Hong Kong hotel sector, there are sound businessreasons for operators to pay attention to good environmentalpractices. This includes increased profitability and thepotential for improved market share.

Compliance withenvironmental legislation…

A responsible hotel operator will endeavour to reduceenvironmental impacts to the minimum possible withinoperating and financial constraints. Compliance withenvironmental legislation is the minimum level of actionrequired. This ensures avoidance of any financial penaltiesresulting from non-compliance, and any adverse publicity thatmight follow.

This is a guide to environmental legislation, which establishesthe minimum level of environmental responsibility for existinghotels in Hong Kong. This Guide seeks to outline therequirements of current environmental legislation, with whichhotels must comply, depending on the nature of theiractivities. However, it is not intended as a substitute for thevarious legal documents, which should be consulted if anydoubts arise. Under Government legislation hotel operatorshave a legal duty in respect of:• discharges to local waters;• emissions to the air;• disposal of wastes; and• control of noise.

In addition there are new initiatives in respect of the indoorenvironment which may lead to legislative controls in thefuture.

This Guide… The objectives of this Guide are to:• identify legal requirements relevant to operations and

activities of hotels in Hong Kong;• assist hotel operators at each level in their understanding

of environmental legislation that affects hotel operationsand their work activities.

Reference is made to relevant Government publications, andcontact details for offices that can provide assistance areincluded.

Guide to Environmental Legislation for Hotel Operators

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Discharges to local waters…

Water pollution control...Endeavours to maintain the quality ofcoastal and inland waters bycontrolling discharges. Sewage chargesrelate to the volume and strength ofeffluent discharge. There are severepenalties for non-compliance.

In Hong Kong, all aqueous discharges to government foulsewers, whether the discharges are being treated prior todischarge or not, are controlled by legislation. Two majorordinances relate to water pollution control and which have animpact on hotel operations:• Water Pollution Control Ordinance (CAP. 358);• Sewage Services Ordinance (CAP. 463).

Main sources of waterpollution…To save money, a hotel should keepwater usage and discharge as low asreasonably achievable to reduce thesewage charge and trade effluentsurcharge.

The major sources of aqueous discharge from a hotel includeswastewater from kitchens, which is likely to contain high oiland grease content, and wastewater from laundry and toiletfacilities, which is expected to have high Biological OxygenDemand (BOD), Chemical Oxygen Demand (COD),suspended solids and E-coli content. The wastewater from alaundry may contain high concentrations of chemicals if thedetergents used are inappropriate. Wastewater fromengineering and building maintenance activities are alsosignificant sources of discharge. The wastewater from hairsalons and swimming pools may contain a certain amount ofchemicals that hotel operators should be aware of and keepunder control.

Water Pollution ControlOrdinance…

The Water Pollution Control Ordinance was enacted in 1980,was amended in 1990 and again in 1993. It provides the mainstatutory framework for the declaration of water control zonesto cover the whole of Hong Kong, and the establishment ofwater quality objectives. The objectives describe the waterquality that should be achieved and maintained in order topromote conservation and the best use of the waterssurrounding Hong Kong, in the public interest.

Water Control Zones… In Hong Kong, there are ten water control zones and twosupplementary water controls zones. Two more Water ControlZones will be declared in the near future to cover areas newlyincluded (southern and western parts) following establishmentof the HKSAR. Within each water control zone, all dischargesor deposits are controlled by a licensing system. The Directorof Environmental Protection (DEP) is the Authorityresponsible for licensing and controlling these discharges.

Apart from discharges of domestic sewage into communalsewers and unpolluted water into stormwater drains, rivercourses and water bodies, all other effluents, whetherdischarged into communal sewers, stormwater drains, rivercourses or water bodies, are subject to control. These includeeffluents from all types of industrial, manufacturing,commercial, institutional and construction activities.

Licensing… A license granted under the Water Pollution ControlOrdinance (Section 20) should be obtained from theEnvironmental Protection Department (EPD) before a newdischarge commences. The applicant must be the person whomakes or authorises the discharge, or the owner or occupier ofthe premises from which the discharge is made. Licences arenormally valid for 5 years and are required to be renewedthereafter.


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Discharge… A discharge should be made in accordance with the terms andconditions of a licence. This specifies the requirementsrelevant to the discharge, such as:• the discharge location;• provision of wastewater treatment facilities;• maximum allowable quantity;• required effluent standards;• self-monitoring requirements; and• record keeping.

Regular monitoring… The EPD normally requires the licensee to undertake regularmonitoring of the discharge and to submit the analysis resultsto the EPD. However, the EPD may carry out inspections, andEPD officers have the authority to enter premises and takeindependent samples for analysis to ensure compliance withthe license.

The licensee shall make an application to the EPD for anyvariation of the licence conditions. For renewal of a licence,the licensee should make an application to the EPD at least 2months, but not more than 4 months, before the expiry date ofthe existing licence.

A fee will be charged for processing each license application.Detailed licence application procedures and licenseapplication fees are stated in the Water Pollution Control(General) Regulations (CAP. 358 sub. leg. D), or can beobtained directly from the Local Control Offices of the EPD.The addresses of these offices are availableat:http://www.info.gov.hk/epd/lcd/e5index.htm.

Penalties…The General Manager is personallyresponsible!

It is an offence to discharge any waste or pollutingmatter in a water control zone, or to discharge effluent inbreach of the terms and conditions specified in thelicence. The maximum penalty is $200,000 andimprisonment for six months for the first offence, and$400,000 and imprisonment for six months for second orsubsequent offence. For a continuing offence, theadditional penalty is $10,000 for each day.

Currently there is no specific definitionof ‘poisonous or noxious matter’ in theOrdinance. This is seldom enforced, asevidence must be provided to prove thatthe discharge is poisonous or noxious.

It is also an offence to discharge any poisonous ornoxious matter into a communal sewer or communaldrain and the waters in Hong Kong. The maximumpenalty is $400,000 and imprisonment for one year forthe first offence, and $1,000,000 and imprisonment fortwo years for second or subsequent offence. If theoffence is a continuing one, the additional penalty is$40,000 for each day.

Standards for effluentdischarge…The effluent standards for foul sewersleading to Government sewagetreatment plants, Table 1(a) and Table1(b), do not differ from zone to zone.

The Technical Memorandum ‘Standards for EffluentsDischarged into Drainage and Sewerage Systems, Inland andCoastal Waters’ (CAP. 358 sub. leg. AK) sets the limits foracceptable discharge of effluents into foul sewers, storm waterdrains, inland and coastal waters, and guides the DEP indetermining standards for effluents and setting licenseconditions.

http://www.info.gov.hk/epd/lcd/e5index.htm


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The standards for effluents discharged into (a) Foul Sewersleading into Government Sewage Treatment Plants and (b)Foul Sewers leading into Government Sewage TreatmentPlants with Microbial Treatment are shown in Table 1(a) andTable 1(b), respectively. The actual standards will differaccording to the water control zone into which the discharge ismade, and whether the effluent is discharged to a foul sewer orto a receiving water body.

Substances not permitted… The followings are the substances that the EPD will not allowin effluent to foul sewers:• polychlorinated biphenyls (PCB);• polyaromatic hydrocarbon (PAH);• fumigant or pesticide;• radioactive substances;• chorinated hydrocarbons;• flammable or toxic solvents;• petroleum oil or tar;• calcium carbide;• wastes liable to form scum or deposits in any part of the

public sewer;• any substance of a nature and quantity likely to damage

the sewer or to interfere with any of the treatmentprocesses.

The EPD will not allow dilution as a means of meetingeffluent standards. This would cause excessive hydraulic onthe disposal system. For this purpose, the license may specifyan instantaneous peak flow. This does not necessarily prohibitmixing different effluent streams within the premises.

Maximum flow rate… The “limitations on discharge” in the Water Discharge Licensedepend on the maximum flow rate (m3/day) of the discharge,and is independent of the location, size, facilities on thepremises, and the degree of mixing of the discharge (domesticand trade effluents). The following information guides theEPD to decide the maximum flow rate of the discharge in ahotel:• data from a flowmeter; or• water bills indicating the maximum flow rate of water

supplied by mains supply multiplied by a weightedaverage discharge factor of about 0.9 (specially for hotels)accounting for water consumption and any other losses.This factor will vary slightly according to the differencesin the percentage of water consumption in the hotelsections (guestroom services, laundries, restaurants andcanteen, bakery and barbershop).

Prohibited sewage dischargeareas…Not generally applicable to hotels inHong Kong!

Regardless of these standards, the EPD will not allow neweffluents in certain areas:• within 100 m of the boundaries of a gazetted beach in any

direction, including rivers, streams and storm waterdrains;

• within 200 m of the seaward boundaries of a marine fishculture zone or a site of special scientific interest, andwithin 100 m of the landward boundaries;

• in any typhoon shelter;• in any marina;• within 100 m of a seawater intake point.


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Sewerage…This regulation does not apply to hotelsthat discharge effluents to communalsewers.

The Water Pollution Control (Sewerage) Regulation (CAP.358 sub. leg. AL) empowers the DEP to require owners ofpremises to connect their discharge to communal sewers. TheDEP may by service of a notice on the owner of any land orpremises to construct works for that purpose.

Penalties…Any person who fails to comply with any requirementspecified in the notice commits an offence and is liableto a fine of $100,000. For a continuing offence, theadditional penalty is $5,000 for each day.

Wastewater treatmentfacilities…Grease trap is not classified as awastewater treatment facility under theregulation.

When the wastewater treatment facility of a hotel located in awater control zone:• is being operated or maintained in manner that is likely to

result in effluent being discharged from the facilityotherwise than in compliance with licence requirements;

• is being operated or maintained in a manner that is likelyto be harmful to the health or safety of any personcarrying out the operation or maintenance;

• is producing an effluent which is not in compliance withany licence requirement; or

• is structurally defective,the DEP may, by service of a notice on the owner of thefacility, require the owner to construct works, effect repairs ormodify or carry out operations as specified in the notice, andto do so within a time specified in the notice.

Penalties…Any person who fails to comply with any requirementspecified in the notice commits an offence and is liableto a fine of $200,000. For a continuing offence, theadditional penalty is $10,000 for each day.

Sewage services…The trade, business or manufacturelisted in the Schedule of this regulationincludes restaurants.

The Sewage Services Ordinance (CAP. 463) provides for theimposition of sewage charges, trade effluent surcharges, andother related matters. Sewage charges are levied on all wateraccount holders whose premises are connected to the publicsewage system, irrespective of whether they are of a domesticor a business nature. Trade effluent surcharges are levied ontrades and industries which produce effluent with a strengthconsidered to be higher than that of domestic sewage. TheDrainage Services Department (DSD) is the authority toenforce the Ordinance and its subsidiary regulations.

Sewage charge… Under Section 3(1) of the Sewage Services Ordinance (CAP.463), a consumer whose premises are connected, whetherdirectly or indirectly, to a communal drain or a communalsewer which is vested in and maintained by the Governmentfor the purpose of removing wastewater therefrom, shall payto the Government a sewage charge. This regulation specifiesthat the rate of sewage charge shall be $1.20 per cubic metreof water supplied, other than water supplied specifically forflushing purposes.

For a trade, business or manufacture listed in the Schedule ofthis Regulation (Table 2), the amount charged shall be equal to


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70% of the volume of water supplied, other than watersupplied specifically for flushing purposes, multiplied by$1.20 per cubic metre.

No sewage charge shall be reduced, waved or refunded by theDSD, unless the volume of wastewater being discharged into acommunal drain or communal sewer is not more than 85% ofthe volume of water on which the sewage charge is based.

Calculation of sewagecharge…

For the calculation of sewage charges for hotels, a weightedaverage discharge factor of about 0.9 (specially for hotels) ismultiplied to the volume of water supplied accounting forwater consumption and any other losses, and then multipliedby $1.20 per cubic metre. This factor will vary slightlyaccording to the differences in the percentage of waterconsumption in the hotel sections (guestroom services,laundries, restaurants & canteen, bakery and barbershop).

Trade Effluent Surcharge…The trade, business or manufacturelisted in the Schedule of this regulationincludes restaurants.

Under Section 4 of the Sewage Services Ordinance (CAP.463), a consumer whose premises are connected, whetherdirectly or indirectly, to a communal drain or a communalsewer which is vested in and maintained by the Government,produces trade effluent that is discharged into the communaldrain or communal sewer, the consumer shall, in addition to asewage charge, pay to the Government a trade effluentsurcharge. Under the Sewage Services (Trade EffluentSurcharge) Regulation (CAP. 463 sub. leg. B), the tradeeffluent surcharge rates are based on the Chemical OxygenDemand (COD) values of effluents assessed for differenttrade, business or manufacture. The trade effluent surchargefor each cubic metre of water supplied, other than watersupplied specifically for flushing purposes, in the course of atrade, business or manufacture is listed in Schedule 1 of thisRegulation (Table 3).

For a trade, business or manufacture listed in Schedule 3 ofthis Regulation (Table 4), the amount of the trade effluentsurcharge shall be equal to 80% of the volume of watersupplied, other than water supplied specifically for flushingpurposes, multiplied by the applicable rate stated in Schedule1 of this Regulation (Table 3).

Calculation of trade effluentsurcharges…

For the calculation of trade effluent surcharges for hotels, aweighted average discharge factor of about 0.9 (specially forhotels) is multiplied to the volume of water suppliedaccounting for water consumption and any other losses, andthen multiplied by the applicable rate stated in Schedule 4 PartI of the Sewage Services (Trade Effluent Surcharge)Regulation (Table 5). This factor will vary slightly accordingto the differences in the percentage of water consumption inthe hotel sections (guestroom services, laundries, restaurants& canteen, bakery and barbershop).

For sample calculation of weighted average discharge factorand trade effluent surcharge rate ($/m3) for a hotel, seeAppendix I.


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Paying less… The Sewage Services (Trade Effluent Surcharge) Regulationstate that where a consumer or agent believes that:• the Chemical Oxygen Demand-Settled (CODs) of trade

effluent discharged from his premises is less than theCODs specified in column 4 of Schedule 2 for therelevant trade, business or manufacture (Table 6); or

• the difference between the Chemical Oxygen Demand-Total (CODt) and the CODs of trade effluent dischargedfrom his premises is less than the difference between theCODt specified in column 3 and the CODs specified incolumn 4 of Schedule 2 for the relevant trade, business ormanufacture (Table 6),

he may at his own expense, have his trade effluent tested by alaboratory approved by the Hong Kong LaboratoryAccreditation Scheme (HOKLAS) in accordance with specificprocedures as stipulated in the Technical Memorandum ofProcedures and Methods for Sampling and Analysis of TradeEffluents issued by the Secretary of Works, and submit theresults to the DSD together with any other relevantinformation that the DSD requires for the determination of anew trade effluent surcharge rate, using the applicable matrixin Part I of Schedule 4 (Table 5). After an effective period of 1year, further tests have to be done and the DSD has to makeanother determination. When tests performed show that tradeeffluent being discharged is equal in strength to, or less instrength than, the strength of domestic sewage (i.e.CODt=500g/m3 and CODt-CODs=150g/m3), the DSD shallnot impose a trade effluent surcharge for a period of 1 year.

No trade effluent surcharge shall be reduced, waved orrefunded by the DSD unless the volume of wastewater beingdischarged into a communal drain or communal sewer is notmore than 85% of the volume of water on which the tradeeffluent surcharge is based.

Prompt payment required… Where a consumer or agent fails to pay trade effluentsurcharges on or before the date specified for payment, theDSD may add a late payment penalty equal to 5% of theunpaid amount. If the amount remains unpaid 6 months afterthe date specified for payment, the DSD may add an additionallate payment penalty equal to 10% of the total amount owing.

Where a consumer or agent receives a bill for trade effluentsurcharges, and the bill states that the trade effluent surchargesare based on a trade, business or manufacture that is incorrect,he shall, within 30 days after the date the bill was issued,notify the DSD for correction. Otherwise, he commits anoffence and is liable on conviction to a fine at level 6 (i.e.$100, 000).

Reference materials… • A Guide to the Water Pollution Control Ordinance(August 1997)

• Technical Memorandum on Standards for EffluentsDischarged into Drainage and Sewerage Systems, Inlandand Coastal Waters (February 1991)

• Connection to Sewers under the Water Pollution ControlOrdinance (leaflet) (October 1994)

• Grease Traps for Restaurants and Food Processors (July1996)


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• Guidelines for the Design of small Sewage TreatmentPlants (March 1990)

These reference materials are issued by the EPD and can beobtained from the EPD Headquarters at 28/F, SouthornCentre, 130 Hennessy Road, Wan Chai, Hong Kong, or thetwo Environmental Resource Centres at 221 Queen's RoadEast, Wan Chai, Hong Kong (Tel.: 2893 2856) and Tak WahPark, Tak Wah Street, Tsuen Wan, New Territories (Tel.:2944 8204).

In case of queries… Enquiries regarding water pollution control can be made to theEPD Headquarters at 28/F, Southorn Centre, 130 HennessyRoad, Wan Chai, Hong Kong (Tel.: 28351018; Fax: 28382155; Email: [email protected]; orhttp://www.info.gov.hk/epd), or the Local Control Offices ofthe EPD.

Any correspondence and enquiry in relation to appeal mattersshould be addressed to the Secretary, Water Pollution ControlAppeal Board, 9/F, Murray Building, Garden Road, HongKong (Tel.: 2848 2123).

Enquiries and appeals on the sewage charge or the tradeeffluent surcharge can be made to the Office of the DrainageServices Department at 8/F, Guardian House, 32 Oi KwanRoad, Wanchai, Hong Kong (Tel.: 2834 9432; Fax: 25745645; Email: [email protected]; Homepage:http://www.info.gov.hk/dsd).

mailto:[email protected]

http://www.info.gov.hk/epd


http://www.info.gov.hk/dsd


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Emissions to air…

Air pollution control…Endeavours to reduce emissions to theair, in order to maintain local ambientair quality.

Three Ordinances relate to air pollution control and whichhave an impact on hotel operations:• Air Pollution Control Ordinance (CAP. 311);• Ozone Layer Protection Ordinance (CAP. 403);• Road Traffic Ordinance (CAP. 374).

Chimney and exhaustemissions…

In a hotel, the operation of and emissions from boilers,cooking stoves and electrical generators should comply withthe relevant regulations and the emission standards set bylegislation. Approval is required for the installation oralteration of any fuel using equipment and chimney. Other airpollutant emission such as exhaust gas from kitchens andlaundry should also be minimised.

Ozone depleting substances… The refrigerants used in air-conditioning or chiller plantsystems, and in service vehicles in some hotels may containscheduled ozone depleting substances. Any intended ventingof controlled refrigerants to the environment is legallyprohibited. The hotel staff responsible shall therefore takeappropriate measures, such as periodic checking andmaintenance, to minimise the leakage of refrigerants to theatmosphere. The staff should also arrange periodic checking ofall fire extinguishers that may contain ozone-depletingsubstances, to ensure that leakage is minimised.

Hazardous materials(asbestos)…

Most building materials and products made today do notcontain asbestos. However, suspected asbestos containingmaterials can still be found in existing buildings. Asbestoscontaining materials are normally found in:• thermal insulation: lagging materials for steam and hot

water pipes, heater, boiler, furnace, chimney, flue ducts,etc;

• electrical insulation: switch box arc chutes, cable tray, etc;• sound absorption: acoustic plaster sprayed on ceilings and

walls;• fireproofing: filling material in wall and floor

penetrations, fire blanket, fire curtain, etc;• building materials: corrugated cement sheet for roofing,

wall board, cement roof tile, asphalt roofing felt, vinylfloor covering, cement soil stack, cement pipe, refusechute, ceiling tile, etc;

• friction products: brake lining, clutch facing, etc;• building services: air duct flexible joints, cable trough and

conduit, cisterns, etc;• sealing and jointing: gaskets, gland packing materials for

pumps and valves, putty, adhesives, etc.

Nowadays, asbestos and its control are under the Air PollutionControl Ordinance.


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Motor vehicles… The Road Traffic Ordinance provides for the regulation ofroad traffic, the use of vehicles and roads, and for otherpurposes connected therewith. It also includes provisions tolimit pollution from vehicles such as requiring smoky vehiclesto be tested at a vehicle emission-testing centre.

Air Pollution ControlOrdinance…

The principal legislation for controlling air emissions in HongKong is the Air Pollution Control Ordinance and its subsidiaryregulations. In the Air Pollution Control (Air Control Zones)(Declaration) (Consolidation) Order (CAP. 311 sub. leg. E),Hong Kong is divided into ten Air Control Zones.

To achieve and maintain an acceptable level of air quality tosafeguard the health and well being of the community, and topromote the conservation and best use of air in the publicinterest, Air Quality Objectives (AQOs) for seven widespreadair pollutants (Table 7) were established in 1987 under the AirPollution Control Ordinance based on international standards.The established AQOs apply to the whole territory.

Possible ways to achieve and maintain AQOs includepreventive measures through intervention in the planningstage, or enforcement of the Air Pollution Control Ordinanceand its subsidiary legislation to alleviate excessive emissions.


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Emissions from boiler plant…

Furnaces, ovens andchimneys…These regulations apply to both oil-firedboilers and gas-fired boilers.

The Air Pollution Control (Furnaces, Ovens and Chimneys)(Installation and Alteration) Regulations (CAP. 311 sub. leg.A) apply to premises on which any work is intended to becarried out in relation to the installation, alteration ormodification of a furnace or oven, or a chimney or flueconnected thereto, which consumes more than:• 25 litres of conventional liquid fuel per hour; or• 35 kilograms of conventional solid fuel per hour; or• 1,150 megajoules of any gaseous fuel per hour.

These regulations do not apply to any furnace, oven, chimneyor flue connected thereto which is operated solely byelectricity, irrespective of size, and to those which are used forthe conduct of a specified process licensed or exempted underthe Ordinance.

The occupier of any premises on which work is intended to becarried out in relation to:• the installation on the premises of a furnace, oven,

chimney or flue;• the alteration or modification of a furnace, oven or

chimney existing on the premises; or• the alteration or modification of a flue between a furnace

and chimney or between an oven and chimney existing onthe premises,

shall, not less than 28 days prior to the commencement of suchwork, submit to the EPD for approval plans showing theelevations and plan views of the furnace, oven, chimney orflue which is to be installed, altered or modified, together withspecifications of same.

Penalties…An occupier who carries out any work in relation toinstallation, alteration or modification of any furnace,oven, chimney or flue on his premises without approvalin respect of all the plans and specifications of the sameis obtained in accordance with these regulations commitsan offence and is liable to a fine of $50,000. For acontinuing offence, the additional penalty is $500 foreach day.

Dust and grit emissions…

These regulations are seldom enforcedby EPD under their current operatingpractice. Instead, the source of emission(use of fuel) is controlled by AirPollution Control (Fuel Restriction)Regulations. Hotels located in Sha Tinhave also to comply with theRegulations. For gas-fired boilers,neither of the Regulations applies.

The main objective of the Air Pollution Control (Dust and GritEmission) Regulations is to enable the EPD to have bettercontrol over dust and grit emissions from furnaces, ovens,chimneys, flues or industrial plants.

For the purpose of taking samples of dust and grit from anyfurnace, oven or industrial plant, or passing through anychimney or flue, the EPD may serve a written notice upon theoccupier of the premises, requiring him, within 60 days orsuch further period as specified, to provide and install at hisown cost a sampling point, the design and position of whichare specified in the notice.


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Penalties…Any person who fails to comply with the requirements orspecifications of the notice commits an offence and isliable to a fine of $5,000. For a continuing offence, theadditional penalty is $50 for each day. The occupier ofthe premises shall also make provision for safe access tothe sampling point and should maintain it in goodcondition. Failure to do so may result in a fine of$1,000.

Liquid fuel specification… For the use of liquid fuel, no person may use in any burner ofa furnace, oven or industrial plant a liquid fuel with a viscositywhen delivered to the burner tip or point of ignition exceeding30 centistokes, or an equivalent viscosity.

Penalties…Failure to comply with this requirement may result in afine of 5,000.

Emission standard… For the emission of dust and grit from any furnace, oven,chimney, flue or industrial plant, the limits set out in the SixthSchedule to the Regulations (Table 8) should not be exceeded.

Penalties…Failure to comply with these requirements will be guiltyof an offence, and the occupier of the premises is liableto a fine of $5,000. For a continuing offence, theadditional penalty is $50 for each day.

Smoke emissions…Air Pollution Control (Smoke)Regulations apply only to oil-firedboilers. Such boilers have to beproperly maintained to prevent theemission of dark smoke.

The main objective of the Air Pollution Control (Smoke)Regulations (CAP. 311 sub. leg. C) is to set a limit on the darksmoke emission from a furnace, engine, oven, or industrialplant. Failure to comply with the regulations will result inunnecessary emissions of smoke, grit and dust and may causehigh levels of particulate over parts of the territory. Theconsequences will be adverse health impacts, soiling of theenvironment, reduction of visibility, and the deposition ofsooty materials on buildings, clothing, etc. In the presence ofother air pollutants such as sulphur dioxide, this may even leadto lung and respiratory diseases such as bronchitis andemphysema. The regulations stipulate that dark smokeemission from any chimney or relevant plant must not exceed:• 6 minutes in any period of 4 hours; or• 3 minutes continuously at any one time.

Penalties…Anyone who is responsible for the operation of anychimney or relevant plant and contravenes either of thetwo requirements, commits an offence and is liable to amaximum fine of $20,000 for the first offence. If theoffence is a continuing one, the additional penalty is$100 for every one quarter of an hour. For second orsubsequent offence, the maximum penalty is $20,000and imprisonment for 3 months. If the offence is acontinuing one, the additional penalty is $100 for eachday.


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Air Pollution Control (FuelRestriction) Regulations(CAP. 311 sub. leg. I)

The Air Pollution Control (Fuel Restriction) Regulations(CAP. 311 sub. leg. I) specify the fuel restriction requirementsin Sha Tin and other parts of Hong Kong. In Sha Tin fuelrestriction area, only gaseous fuel is allowed, e.g. towngas orLPG, except for furnaces, engines, ovens or industrial plantsin the following circumstances:• that used or operated only in a construction site; or• that used or operated, or intended for use or operation

only during an emergency.

In other parts of Hong Kong, permitted fuels are:• gaseous fuel• conventional liquid fuel which has a sulphur content not

exceeding 0.5% by weight, and a viscosity not exceeding6 centistokes at 40oC (e.g. light industrial diesel,kerosene)

• solid fuel which has a sulphur content not exceeding 1%by weight

Furnaces, engines, ovens or industrial plants used or operatedunder the following circumstances are exempted from therequirements of the regulations:• in premises solely for dwelling purpose;• in or on a vessel, motor vehicle, railway locomotive or

aircraft; or• electricity works already licensed or exempted under the

Air Pollution Control Ordinance prior to 1.7.90.

Penalties…Any person responsible for the operation of any furnace,engine, oven or industrial plant who contravenes any ofthe regulations commits an offence and is liable to amaximum fine of $20,000 and imprisonment for 6months. For a continuing offence, the additional penaltyis $5,000 for each day.

Air Pollution AbatementNotice…

The ‘Technical Memorandum for Issuing Air PollutionAbatement Notices to Control Air Pollution from StationaryPollution Processes’ details the principles, procedures andstandards for the assessment and measurement of air pollutionfrom stationary polluting processes such as furnaces, engines,ovens or industrial plants for the issuing of an Air PollutionAbatement Notice to require the owner of the premises, or theperson carrying the activity, to cease or reduce the emission ofair pollutants.

In determining whether the emission of any air pollutant fromany stationary polluting process is causing or contributing tothe existence or imminence of air pollution, the EPD shall:• determine whether the existence or imminence of any

nuisance is established (Details are shown in Section 4 ofthe technical memorandum);

• identify any air pollutant present in the emission which isincluded in Table 9 and determine whether the ReferenceReceptor Concentration Level (RRCL) of this airpollutant at any sensitive receptor is in compliance withthe corresponding Health Protection Concentration Level(HPCL), which is for the purpose of protection of health(Details are shown in Section 5 of the technical


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memorandum);• identify any air pollutant present in the emission which is

not included in Table 9 and determine whether its RRCLat any sensitive receptor is prejudicial to health, bymaking reference to relevant research results andpublications or the advice of a medical doctor (Details areshown in Section 6 of the technical memorandum);

• determine whether the safety or operation of any aircraftmay be affected (Details are shown in Section 7 of thetechnical memorandum).

Reference materials… • A Concise Guide to the Air Pollution Control Ordinance(July 1999)

• Technical Memorandum for Issuing Air PollutionAbatement Notices to Control Air Pollution fromStationary Pollution Processes

• Environmental Asbestos Control (leaflet)• A Guide to the Air Pollution Control (Furnaces, Ovens &

Chimneys) (Installation and Alternation) Regulations(August 1999)

• A Guide to the Air Pollution Control (Smoke)Regulations (September 1991)

• A Guide to the Air Pollution Control (Fuel Restriction)Regulations (March 1993)

• Code of Good Practices for the Operation of Liquid Fuel-Fired Commercial, Industrial and Domestic Appliances(March 1990)

• A Guide to the Air Pollution Control (Dust & Gritemission) Regulation (January 1989)


In case of queries… Enquiries regarding the Air Pollution Control Ordinance andits subsidiary regulations can be made to the EPDHeadquarters at 28/F, Southorn Centre, 130 Hennessy Road,Wan Chai, Hong Kong (Tel.: 2835 1018; Fax: 2838 2155;Email: [email protected]; or http://www.info.gov.hk/epd),the Air Management Group of the EPD at 33/F., RevenueTower, 5 Gloucester Road, Wanchai, Hong Kong (Tel.: 25946403), or the Local Control Offices of the EPD.




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Dry cleaning facilities…

Pending legislation… The Air Pollution Control (Dry Cleaning) Regulation providesfor the control of Perchloroethylene (PCE) emissions from drycleaning operation will be implemented in the near future.

PCE is a non-flammable colourless liquid with ethereal odour.It causes skin and eye irritation, dizziness, nausea, headaches,and liver and kidney damages. In addition, it is confirmed tobe an animal carcinogen and a probable human carcinogen.The regulation requires that:• New dry-cleaning machines shall be of a non-vented type

(can recycle the PCE vapour by a vapour recovery systeminstead of venting it to the environment) and capable ofreducing the PCE concentration in the drum to 300 ppmvor below;

• Owners of the existing dry-cleaning machines may eitherreplace their vented type machines (the PCE vapour isvented to the environment) with new machines approvedby the EPD or modify their machines to non-ventedmachines within 5 years (7 years for non-vented sub-standard machines) to comply with the followingrequirements:

♦ Equipped with a vapour recovery system capable ofreducing the PCE concentration in the drum to 300 ppmvor lower prior to opening of the machine door; and

♦ Certified by a Registered Professional Engineer to meetthe above requirements in accordance with the testingprocedures as given in the Schedule.

Proposed penalties… Proposed offences and penalties:Operation of dry-cleaning machine not registered withthe EPD is an offence and is liable to a fine of $100,000and a daily fine of $20,000 for a continuing offence.


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Emissions of CFC’s, HCFC’s and halons…

Ozone depleting substances… The main purpose of the Ozone Layer Protection Ordinance(CAP. 403) is to give effect to international obligationsaffecting Hong Kong under the 1985 Vienna Convention forthe Protection of the Ozone Layer, and the 1987 MontrealProtocol on Substances that Deplete the Ozone Layer. In theOzone Layer Protection Ordinance, there are totally 89 ozonedepleting substances that are subject to control and they arereferred to as ‘scheduled substances’. In the Ordinance,‘scheduled substance’ means:• a substance listed in the Schedule (Table 10), whether

existing alone or in a mixture;• but does not include a substance listed in the Schedule

(Table 10) that is:§ in a manufactured product (other than one used solely for

the transportation or storage of the substance) and thesubstance is used in the operation of the product or themere dispensing of the contents of the product constitutesthe intended use of the substance. In this case, thatcontainer is itself part of a use system and the substancecontained in it is therefore excluded from the definition.

Examples of use systems to be considered as products are:• aerosol cans;• a refrigerator or refrigerating plant, air conditioner or air

conditioning plant, heat pump, etc.;• a polyurethane preploymer or any foam containing, or

manufacturing with, a controlled substance; or• part of a manufactured product solely because the

substance was used in the process of manufacturing theproduct.

Controls on import… The Ordinance prohibits the manufacture of scheduledsubstances and imposes controls on the import and export ofthese substances through registration and licensing provisions.Import of halons, chlorofluorocarbons (CFCs), carbontetrachloride, 1,1,1-trichloroethane andhydrobromofluorocarbons (HBFCs) for local consumption isbanned. Import of hydrochlorofluorocarbons (HCFCs) is beingcontrolled under a licensing and quota system, and import ofmethyl bromide for local consumption is restricted toquarantine and pre-shipment applications.

Any person who wishes to obtain a licence for the purpose ofimporting or exporting a scheduled substance must beregistered from the DEP, and each consignment of import andexport of a scheduled substance must be covered by a validlicence.

Penalties…A person registered under this Ordinance whocontravenes a condition of registration relating to himcommits an offence and is liable to a fine of $25,000. Aperson who imports or exports a scheduled substancewithout a licence, or a licensee who contravenes acondition of a licence commits an offence and is liable toa fine of $1,000,000 and imprisonment of 2 years.


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Import ban… The Ozone Layer Protection (Products Containing ScheduledSubstances) (Import Banning) Regulation (Cap. 403 sub. leg.C) prohibits the import of a controlled product from anycountry or place which is not bound by the terms of theMontreal Protocol.

Controlled product means any of the following things whichcontains a substances listed in Part 1 or 2 of the Schedule ofthe Ordinance (Table 10):• an air-conditioner or heat pump designed to cool the

driver’s or passengers’ compartment of a motor vehicle(whether or not installed in the motor vehicle);

• refrigeration equipment or air-conditioning or heat pumpequipment;

• an aerosol product other than an aerosol productcontaining a pharmaceutical product or medicine asdefined in Section 2 of the Pharmacy and PoisonsOrdinance (Cap. 138);

• insulation panel, insulation board or insulation pipe cover;• a pre-polymer.

Stricter restriction is imposed on portable fire extinguisherscontaining halons, and no person is allowed to import fromany country or place, whether or not bound by the terms of theProtocol, unless they are certified to be required for essentialapplications relating to emergency situations or where livesare at risk.

Penalties…A person who imports of a controlled product from anycountry or place which is not bound by the terms of theMontreal Protocol commits an offence and is liable to afine of $200,000 and imprisonment of 6 months.

Refrigerant discharge…Intended venting of controlledrefrigerant to the atmosphere is legallyprohibited!

The Ozone Layer Protection (Controlled Refrigerants)Regulation (Cap. 403 sub. leg. B) states that any person whoallows any controlled refrigerant used or intended for use in arefrigeration equipment or motor vehicle air-conditioner toescape into the atmosphere commits an offence and is liable toa fine of $100,000.

It is a defence for a person charged with an offence to provethat:• the escape occurred in the course of• transferring the controlled refrigerant from refrigeration

equipment to a container designed for the purpose ofstoring refrigerants;

• recycling the controlled refrigerants;• transferring the controlled refrigerant from a container

designed for the storage thereof into refrigerationequipment; or

• disposing of the controlled refrigerant by a methodapproved by the DEP by notice in the Gazette,

• and that he took all reasonable precautions and exercisedall due diligence to prevent the escape to occur;

• the escape occurred by reason of an accident or othercause beyond his control and that he took all reasonableprecautions and exercised all due diligence to prevent theescape to occur; or


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• it was necessary to allow the escape to occur by reason ofan emergency and in order to prevent danger to the healthor safety of any person.

Recycling controlledrefrigerants…

For control of recycling of controlled refrigerant, no personshall recover, recycle or otherwise treat a controlledrefrigerant unless:• refrigerant recycling equipment approved by the DEP is

used for recovering or recycling the controlled refrigerant;and

• the equipment is used in accordance with any instructionissued by the manufacturer of the equipment, and in amanner as may be specified by notice in the Gazette bythe DEP.

Penalties…Any person who contravenes the recycling requirementscommits an offence and the maximum fine is $100,000.

Record keeping: The owner or occupier of premises in which there isrefrigeration equipment shall keep in the premises up-to-daterecords of:• the dates on which any controlled refrigerant was

removed from that equipment during servicing orrepairing that equipment;

• the dates on which any replacement controlled refrigerantwas added to that equipment during servicing or repairingtogether with the weight, in kilograms, of the controlledrefrigerant involved.

Penalties…The owner or occupier shall retain the records for at least1 year. Any person who fails to comply with theserequirements commits an offence and is liable to a fineof $100,000.

Reference materials… • A Concise Guide to the Ozone Layer ProtectionOrdinance (1995)

• A Guide to the Control of Ozone Depleting Chemicals inHong Kong (1995)

• Cooling without CFC: An Action Guide (leaflet) (1995)• Refrigeration, Life after CFC Phaseout (leaflet) (1995)• A Concise Guide to the Ozone Layer Protection (Products

Containing Scheduled Substances) (Import Banning)Regulation (1995)

• A Concise Guide to the Ozone Layer Protection(Controlled Refrigerants) Regulation (1995)



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In case of queries… Enquiries regarding the Ozone Layer Protection Ordinanceand its subsidiary regulations can be made to the EPDHeadquarters at 28/F, Southorn Centre, 130 Hennessy Road,Wan Chai, Hong Kong (Tel.: 2835 1018; Fax: 2838 2155;Email: [email protected]; or http://www.info.gov.hk/epd),the Air Management Group of the EPD at 33/F., RevenueTower, 5 Gloucester Road, Wanchai, Hong Kong (Tel.: 25946403), or the Local Control Offices of the EPD.

[email protected]



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Asbestos…

Asbestos containingmaterials…

For older hotels, asbestos materials may be found in:• Thermal insulation: lagging materials for steam and hot

water pipes, heaters, boilers, chimney, flue ducts;• Electrical insulation: switch box arc chutes, cable tray;• Sound absorption: acoustic plaster sprayed on ceiling and

wall;• Fireproofing: filling material in wall and floor

penetrations, fire blankets, fire curtains;• Building materials: corrugated cement sheet for roofing,

wall board, cement roof tiles, asphalt roofing felt, vinylfloor coverings, cement soil stack, cement pipes, refusechutes, ceiling tiles;

• Friction products: brake linings, clutch facings;• Building services: air duct flexible joints, cable troughs

and conduits, cisterns;• Sealing and jointing gaskets, gland-packing materials for

pumps and valves, putty, adhesives.

Legislative controls… The legislative control on asbestos came into operation in June1997. Under Part VIII and Part IX of Air Pollution ControlOrdinance, the owner of any premises is required to engage aregistered asbestos consultant to carry out an investigation onany asbestos containing material which may be in thepremises. The owner shall submit to the EPD an asbestosinvestigation report, an asbestos management plan (includingan operation and maintenance plan for asbestos containingmaterial not requiring asbestos removal work, and an asbestosabatement plan), and a notification of commencement ofasbestos abatement work. The notice shall be submitted atleast 28 days before carrying out any intended asbestosabatement work, or work which involves the use or handlingof any asbestos containing material.

Penalties…A person who carries out work on premises contrary tothe above requirements, and fails to submit to the EPDthe asbestos investigation report and the asbestosmanagement plan commits an offence and is liable to afine of $200,000. For a continuing offence, theadditional penalty is $5,000 for each day. A person whofails to submit to the EPD the notification ofcommencement of asbestos abatement work at least 28days before he carries out any intended asbestosabatement work or work which involves the use orhandling of any asbestos containing material commits anoffence and is liable to a fine of $200,000.

Asbestos abatement work… The asbestos abatement plan, asbestos abatement work orwork which involves the use or handling of any asbestoscontaining material and any related work must be carried outby a registered asbestos contractor under the supervision of aregistered consultant. A registered asbestos laboratory shallalso be appointed to carry out related asbestos sampling,measurement and analysis.


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Penalties…A person who fails to comply with these requirementscommits an offence and is liable to a fine of $200,000and imprisonment for six months. For a continuingoffence, the additional penalty is $20,000 for each day.

Power of EPD officers… If the DEP or an EPD officer believe that any premises,relevant plant or activity contains or may release any asbestos,they may also issue an asbestos abatement notice to theresponsible person to:• take measures or steps and within the time as specified to

prevent, control, reduce or eliminate the release ofasbestos;

• hire a registered asbestos consultant to prepare aninvestigation report and to prepare an asbestosmanagement plan;

• hire a registered asbestos contractor to implement anasbestos management plan and to carry out any asbestosabatement work or work involving the use or handling ofany asbestos containing material;

• hire a registered asbestos laboratory to carry out samplingand measurement to assess fibre concentration.

The DEP or the EPD officer may also by notice require theowner of premises to suspend immediately the operation of arelevant plant or activity until they are satisfied that sufficientmeasures have been taken to prevent the release of asbestos.

Penalties…It is an offence if a person fails to stop immediately theoperation of any process as required. The maximumpenalty is $500,000 and imprisonment for one year. Ifthe offence is a continuing one, the additional penalty is$100,000 for each day. In any other case, the maximumpenalty is $100,000 for the first offence, and $200,000and imprisonment for 6 months for second or subsequentoffence. If the offence is a continuing one, the additionalpenalty is $20,000 for each day.

Import restrictions… In Section 80 of Air Pollution Control Ordinance, a personwho imports into Hong Kong or sells any quantity of asbestosknow as amosite or crocidolite or any substance or item madewith or containing amosite or crocidolite commits an offenceand is liable to a fine of $200,000 and imprisonment for sixmonths.

Good practice…Existing asbestos containing materialshould be under proper control.

As a good practice, hotel operators should seek and implementan operation and maintenance plan prepared by a registeredasbestos consultant. The plan should cover the propermanagement of any existing asbestos containing materials andsuspect materials before the ultimate removal.

There is no need to remove asbestos containing materials fromthe building if the materials are in good condition andundisturbed. The plan should be updated once every two yearsby a registered asbestos consultant, and should be madeavailable to and understood by the hotel management andemployees.


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The hotel operator should establish the policy that newappliances and building materials used in future be asbestosfree.

Where the asbestos containing materials are subject tofrequent disturbance, it is good practice to remove them assoon as possible.

Reference materials… • Environmental Asbestos Control (leaflet) (issued by theEPD)

• Code of Practice on the Handling, Transportation andDisposal of Asbestos Waste (January 1993) (issued byPlanning, Environment and Lands Bureau)

These reference materials can be obtained from the EPDHeadquarters at 28/F, Southorn Centre, 130 Hennessy Road,Wan Chai, Hong Kong, or the two Environmental ResourceCentres at 221 Queen's Road East, Wan Chai, Hong Kong(Tel.: 2893 2856) and Tak Wah Park, Tak Wah Street, TsuenWan, New Territories (Tel.: 2944 8204).

In case of queries… For further information or specific advice on asbestosmanagement and lists of registered asbestos consultants,contractors, supervisors and laboratories, the Air managementGroup of the EPD can be contacted at Tel: 2594 6232, Fax:2827 8040. For information on the disposal of asbestos waste,the Waste and Waste Management Group of the EPD can beconsulted at Tel: 2755 5462, Fax: 2305 0453.


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Motor vehicle emissions…

Pollution from hotelvehicles…

The Road Traffic Ordinance (CAP. 374) provides for theregulation of road traffic, and the use of vehicles and roadsand for other purposes connected therewith. It also includesprovisions to limit pollution from vehicles.

Offences… A police officer in uniform of the rank of sergeant or above,who has reason to believe that an offence relating to theemission of smoke or visible vapour is being or has beencommitted in respect of a motor vehicle which is on a road orin any public place, may stop and measure the emission ofsmoke or visible vapour emitted from the vehicle byprescribed apparatus. A police officer who has reason tobelieve that an offence relating to the emission of smoke orvisible vapour has been committed within the preceding 14days, may by notice in writing (examination order) servedpersonally or by post on the owner of the vehicle, requiringhim to produce his vehicle for examination or measurement ofthe emission of smoke or visible vapour.

Penalties…An owner served with an examination order who fails toproduce the vehicle on the date and at the time and placespecified in the notice commits an offence and is liableon conviction to a fine of $2,000.

Vehicle maintenance… The Road Traffic (Construction and Maintenance of Vehicles)Regulations (CAP. 374 sub. leg. A) specifies smoke or visiblevapour emission levels for motor vehicles. The FourthSchedule of the regulations states that the maximum permittedsmoke or visible vapour level, and the maximum permittedsmoke or visible vapour level in absolute units of lightabsorption (M-1) measured by an approved smoke measuringapparatus are equal to 60 Hartridge Smoke Units and 2.13respectively.

Penalties…Fixed penalty ticket will normally beissued to the vehicle owner.

Any owner whose vehicle emits smoke or visible vapourgreater than the maximum permitted smoke or visiblevapour level commits an offence and is liable to amaximum fine of $10,000 and imprisonment for 6months. Under the Fixed Penalty (Criminal Procedures)Ordinance (CAP. 240) it is an offence for a vehicle toomit excess smoke or visible vapour. The vehicle ownerwill be issued with a fixed penalty ticket for the offence.

Smoky Vehicle ControlProgramme …EPD officers, appointed trainedspotters or police officers have theauthority to report the particulars ofsmoky vehicles to the EPD.

A Smoky Vehicle Control Programme, which is operated andenforced by the EPD, provides a more widespread control ofsmoky vehicles. EPD officers, appointed trained spotters orpolice officers have the authority to report the particulars ofsmoky vehicles to the EPD. EPD staff shall then notifyvehicle owners about the excessive smoke problem, andrequest the vehicles owners to report to a vehicle emissiontesting centre for the smoke testing of vehicles as well as thechecking of idle and maximum engine speed, air filter and fuelpump.


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Smoke or visible vapouremission standard for testingof vehicles at the vehicleemission testing centre …

• For vehicles manufactured in or after 1990, the smoke orvisible vapour level shall be less than 50 Hartridge SmokeUnit.

• For vehicles manufactured in or before 1990, the smokeor visible vapour level shall be less than 60 HartridgeSmoke Unit.

Penalties …The EPD will recommend to the Transport Departmentto suspend the vehicle license of any owner whosevehicle fails to comply with the above smoke or visiblevapour emission standard.

In case of queries… Enquiries regarding the Road Traffic Ordinance and itssubsidiary regulations can be made to the TransportDepartment Headquarters at 41/F., Immigration Tower, 7Gloucester Road, Hong Kong (Tel.: 2829 5258; Fax: 28240433; Homepage: http://www.info.gov.hk/td).

Enquiries on the Smoky Vehicle Control Programme shouldbe directed to the Control Section of Motor Vehicle EmissionsGroup of the EPD at Room 1001-1003, 10/F., COL Tower,World Trade Square, 123 Hoi Bun Road, Kwun Tong,Kowloon (Tel.: 2827 0858; Fax: 2827 8230).

http://www.info.gov.hk/td


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Disposal of wastes…

General waste… In a hotel, the major sources of solid waste are fromguestrooms, offices, restaurants, bars and kitchens whereas thechemical wastes are generally from laundry, clinics andengineering and building maintenance, such as wastelubricating oil, expired drugs, etc.

General solid wastes arising from a hotel is classified ascommercial waste. The hotel has to arrange for properdisposal of their waste (e.g. engage the service of privatewaste collectors). (Due to precedence, the Urban ServicesDepartment or the Regional Services Department may collectthe waste from some premises free of charge.)

Waste Disposal Ordinance… The Waste Disposal Ordinance (CAP. 354) provides theprincipal statutory framework for the control and regulation ofthe production, storage, collection and disposal including thetreatment, reprocessing and recycling of waste. Under Section16 of the Ordinance, any person who unlawfully deposits anywaste:• in a public place;• in any Crown land; or• on any land other than Crown land without the consent of

the owner or occupier,commits an offence.

Penalties…The maximum penalty is $200,000 and imprisonment for6 months for the first offence, and $500,000 andimprisonment for 6 months for second or subsequentoffence. If the offence is a continuing one, the additionalpenalty is $10,000 for each day.

To save money, the hotel staff shouldpractice waste reduction and recycling,which apart from helping to protect theenvironment have the benefit ofreducing the waste disposal charges.

The DEP may also require any person who delivers to him fordisposal any waste (other than household waste) to state thenature of the waste and to give such other information relatingto the waste as the DEP may require.

Penalties…Any person who intentionally gives incorrectinformation or knowingly omits any material particularscommits an offence and is liable to a fine of $5,000.

Other controls under the Waste Disposal Ordinance includeregulations to specify the charging schemes for disposal ofsolid waste at landfills and refuse transfer stations, and thecharging scheme for disposal of chemical waste at thegovernment-owned Chemical Waste Treatment Centre atTsing Yi.

Waste Disposal (ChemicalWaste) (General) Regulation(CAP. 354 sub. leg. C)…

The Waste Disposal (Chemical Waste) (General) Regulation(CAP. 354 sub. leg. C) provides for the control of chemicalwaste in Hong Kong. Chemical waste is defined in thisregulation as any process or trade activity, and which is orcontains any substance or thing being scrap material, effluent


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The owner or occupier of premises mustremove any stored chemical waste fromhis premises if the EPD is of the opinionthat the chemical waste is likely tothreaten public health or safety orcause pollution.

or an unwanted substances or by-product arising from theapplication of or in the course of any substance or chemicalspecified in Schedule 1 of this regulation (Table 11), if suchsubstance or chemical occurs in such form, quantity orconcentration so as to cause pollution or constitute a danger tohealth or risk of pollution to the environment.

Registration of chemicalwaste producers…

Chemical waste producers must register with the EPD.Registration is a one-off requirement and not subject torenewal. However, each registered waste producer has theobligation to inform the EPD as soon as practicable of anychanges in the particulars of the registration.

Hotel chemical waste… Common chemical waste from hotels (under the WasteDisposal (Chemical Waste) (General) Regulation):

• spent lubricating oil from chillers, pumps, lift drives, coldrooms, and other machinery;

• spent paint and solvent, e.g. oil-based paint, lacquer,thinner, etc [dried paint and water-based paint are notclassified as chemical waste and can be disposed asgeneral waste];

• residue from dry cleaning machines (mixture of lintparticles and dry cleaning chemical containingPerchloroethylene (PCE));

• fire extinguishers containing halon 1211 (BCF)• CFCs and halons from equipment (e.g. chiller plant);• cleaning agents for machinery (e.g. Carbon

Tetrachloride);• used Ni-Cad batteries.

Penalties…Any chemical waste producer who fails to notify theEPD commits an offence and is liable to a fine of$10,000. Registration is not transferable and will onlybe valid in respect of the person and the waste producingpremises being registered. Any person who produces orcauses to be produced chemical waste withoutregistration commits an offence and is liable onconviction to a fine of $200,000 and imprisonment of 6months.

Proper disposal…

Each person has the legal responsibilityto take all necessary precautions forpreventing any hazard or danger, arisesfrom handling of chemical waste, topublic health or safety or pollution orrisk of the pollution to the environment.

The regulation requires chemical waste producers to arrangefor proper disposal of their waste at licensed facilities. TheChemical Waste Treatment Centre at Tsing Yi was built tofacilitate chemical waste producers in complying with theregulation.

The charging scheme for chemical waste disposal is stated inthe Waste Disposal (Charges for Disposal of Chemical Waste)Regulation (CAP. 354 sub. leg. J).

Apart from registering with the EPD as a chemical wasteproducer, hotel operators shall ensure that the chemical wastesare handled properly and collected and disposed by registeredpersonnel. In line with the ‘Polluter Pays Principle’, wasteproducers are liable for the charges for handling and disposalof chemical waste.


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Penalties…Any chemical waste producer who fails to arrange forproper disposal of waste commits an offence and isliable to a fine of $200,000 and imprisonment of 6months. The DEP may require a chemical wasteproducer to produce documents, records or any otherinformation to demonstrate that he has madearrangements for proper disposal of his chemical waste.Failure to do so commits an offence and is liable to afine of $100,000 and imprisonment of 6 months.

Packaging, labelling andstorage…

This regulation also specifies the requirements for packaging,labelling and storage of chemical waste before transportationto disposal facilities. The EPD has published A Code ofPractice on the Packaging, Labelling and Storage of ChemicalWastes to provide guidelines for chemical waste producers.

Penalties…Any chemical waste producer who fails to comply withchemical waste packaging or storage requirementscommits an offence and is liable to a fine of $100,000and imprisonment of 6 months. Besides, any chemicalwaste producer who fails to comply with labellingrequirements of waste container or warning signsrequirements of storage area commits an offence and isliable to a fine of $50,000 and imprisonment of 6months.

Trip-ticket system…If contract-out services are employed,responsibilities for proper disposal ofthe chemical waste should be covered inthe contract agreements.

For the transportation of chemical waste, a chemical wasteproducer shall complete a consignment note known as “trip-ticket” before the waste is collected from his premises. Thechemical waste producer has to keep one copy as a record ofconsignment, and the chemical waste collector will retain afurther copy of the form upon delivery of the waste to areception point. The original copy will be retained by thereception point manager. At each stage, the receipt of aproperly completed trip-ticket is a condition for acceptance ofthe waste. Chemical waste producers, waste collectors andreception point managers are obliged to provide the EPD withany extra information requested within a specified time.

Penalties…Failure to follow trip-ticket requirements commits anoffence and is liable to a fine of $50,000 to $100,000 andimprisonment of 6 months, depending on the offence.

Licensed waste collector… A waste producer shall engage the services of a licenced wastecollector for collection and transportation of chemical waste.The updated list of licensed waste collectors can be obtainedfrom EPD’s homepage http://www.info.gov.hk/epd. A wasteproducer who fails to engage the services of a waste collectorcommits an offence and is liable to a fine of $200,000 andimprisonment of 6 months.

Procedures… The regulation also specifies the precautions against dangersto public health and pollution. A chemical waste producershall:• prepare and make available written procedures to be



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observed in the event of emergencies due to spillage,leakage or accidents arising in the course of or from thehandling and the storage of chemical waste; and

• ensure that his employees or agents have receivedadequate instructions and training for implementing suchprocedures.

Penalties…Any chemical waste producer who fails to comply withthe above procedures commits an offence and is liable toa fine of $200,000 and imprisonment of 6 months.

Offences for any person whofurnishes false information…

Any person who furnishes false information to the EPDcommits an offence and is liable to a fine of $200,000and imprisonment of 6 months. If a person is convictedof any offence under this Regulation and that offence is acontinuing offence, the person convicted is liable to anadditional penalty of $10,000 for each day.

Charges for disposal ofchemical waste…

The Waste Disposal (Charges for Disposal of ChemicalWaste) Regulation (CAP. 354 sub. leg. J) specifies the chargepayable to the DEP for the disposal of chemical waste andspecial chemical waste at the Chemical Waste TreatmentCentre. (Table 12 and Table 13). Special chemical waste isdefined in the regulation as any chemical waste:• which is or contains polychlorinated biphenyls;• which is, or has become unusable for its intended

purpose; or• imported into Hong Kong for the purpose of disposing of

it in Hong Kong.

Charges for disposal of solidwaste…The Waste Disposal (Charges forDisposal of Waste) Regulation has notyet been enforced because the bestpayment arrangement is not confirmed.

The Waste Disposal (Charges for Disposal of Waste)Regulation (CAP. 354 sub. leg. K) specifies the chargingscheme for disposal of solid waste at landfills. The chargingscheme will initially apply to industrial and commercial wasteand the government has developed a billing system to allowlandfill users to pay the charges in arrears. Any person whodispose of any waste at the landfill should pay to the EPD theappropriate charge as prescribed in the regulation. Wherewaste is carried to landfill for disposal by means of a vehicle,a classifying label issued by the EPD by reference to thepermitted gross vehicle weight of the vehicle shall bedisplayed on the vehicle, and the driver of the vehicle shallpay the appropriate charge prescribed in the regulation.

The Waste Disposal (Refuse Transfer Station) Regulation(CAP. 354 sub. leg. M) provides for the introduction of acharging scheme for waste disposal at refuse transfer stationsby private waste collectors. Instead of disposing household,commercial and industrial waste directly to the landfills whichis now free of charge, private waste collectors canalternatively dispose their waste to three of the refuse transferstations: the Island East Transfer Station, the West KowloonTransfer Station and the North Lantau Transfer Station.

A private waste collector shall not dispose of waste at a refusetransfer station unless:


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• it is disposed of from a vehicle;• the registered owner of the vehicle is registered as a

registered account-holder for that refuse transfer station;and

• the vehicle is registered in the name of that account-holder for the refuse transfer station.

Penalties…Any person who contravenes the above requirementscommits an offence and is liable to a fine at level 6 (i.e.$100,000).

A private waste collector may make an application to the DEPto be registered as a registered account-holder for the purposeof disposing of waste at refuse transfer stations, and to registerin his name one or more vehicles of which he is the registeredowner to be used for the disposal of waste at refuse transferstations.

Any person who furnishes false information to the DEPcommits an offence and is liable to a fine of $200,000and imprisonment of 6 months.

A registered account-holder shall pay charges for disposal ofeach load of waste at refuse transfer stations according to theweight of the load. During non-peak hours (from 7:30 a.m.and up to 8 a.m. and after 9 a.m. and up to 11:30 p.m.), adiscounted rate is provided.

Reference materials… • Waste Reduction Framework Plan 1998-2007 (Nov 1998)(A brief description of the Waste Reduction FrameworkPlan is shown in Appendix II)

• Recovering and Recycling of Municipal Solid Waste inHong Kong (Waste Reduction Factsheet no. 1) (Sep 99)(issued by the EPD)

• Recovering and Recycling of Paper Waste in Hong Kong(Waste Reduction Factsheet no. 2) (Sep 99) (issued by theEPD)

• Recovering and Recycling of Plastic Waste in Hong Kong(Waste Reduction Factsheet no. 3) (Sep 99) (issued by theEPD)

• Recovering and Recycling of Expanded Polystyrene(EPS) Products in Hong Kong (Waste ReductionFactsheet no. 4) (Sep 99) (issued by the EPD)

• Recovering and Recycling of Metal Waste in Hong Kong(Waste Reduction Factsheet no. 5) (Sep 99) (issued by theEPD)

• Recovering and Recycling of Waste Glass Bottles inHong Kong (Waste Reduction Factsheet no. 6) (Sep 99)(issued by the EPD)

• Waste Reduction and Recycling Hotline 2755 2750(Waste Reduction Factsheet no. 7) (Sep 99) (issued by theEPD)

• Guideline on Plastic Coding System for ResinIdentification (Aug 99) (issued by the EPD)

• Waste Facilities Business Unit (WFBU) (Fact Sheets)(Apr 99) (issued by the EPD)


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• Guideline on the Reduction of Disposable StyrofoamFood/Drink Containers (Jul 99) (issued by the EPD)

• A Guide to the Chemical Waste Control Scheme (Sep 92)(issued by the EPD)

• A Guide to the Registration of Chemical Waste Producers(May 97) (issued by the EPD)

• Code of Practice on the Packaging, Labelling and Storageof Chemical Wastes (Oct 92) (issued by the Planning,Environment and Lands Bureau)

• Code of Practice on the Handling, Transportation andDisposal of Asbestos Waste (Jan 93) (issued by thePlanning, Environment and Lands Bureau)

• Code of Practice on the Handling, Transportation &Disposal of Polychlorinated Biphenyl Wastes (Dec 92)(issued by the Planning, Environment and Lands Bureau)

These reference materials can be obtained from the EPDHeadquarters at 28/F, Southorn Centre, 130 Hennessy Road,Wan Chai, Hong Kong, or the two Environmental ResourceCentres at 221 Queen's Road East, Wan Chai, Hong Kong(Tel.: 2893 2856) and Tak Wah Park, Tak Wah Street, TsuenWan, New Territories (Tel.: 2944 8204).

In case of queries… General enquiries regarding the Waste Disposal Ordinanceand its subsidiary regulations can be made to the EPDHeadquarters at 28/F, Southorn Centre, 130 Hennessy Road,Wan Chai, Hong Kong (Tel.: 2835 1018; Fax: 2838 2155;Email: [email protected]; Homepage:http://www.info.gov.hk/epd) or the Local Control Offices ofthe EPD (Appendix II).

Enquiries on waste disposal at Refuse Transfer Stations can bemade to the EPD at 2/F., East Wing, 88 Victoria Road,Kennedy Town, Hong Kong (Tel.: 2872 1769, Fax: 25910361).

Enquiries on chemical waste charging scheme can be made tothe Special Waste Facilities Group of the EPD at 3/F., WestWing, 88 Victoria Road, Kennedy Town, Hong Kong (Tel.:2872 1630, Fax: 2591 0636).

General enquiries on disposal of chemical waste can be madeto the Waste & Water Management Group of the EPD at25/F., Southorn Centre, 130 Hennessy Road, Wanchai, HongKong (Tel.: 2755 3554; Fax: 2305 0453).

Enquiries on chemical waste producer registration andlicensing of chemical waste collector can be made to theWaste & Water Management Group of the EPD at 25/F.,Southorn Centre, 130 Hennessy Road, Wanchai, Hong Kong(Tel.: 2835 1069; Fax: 2305 0453).

Enquiries on chemical waste disposal notification (applied todisposal of gaseous Ozone Depleting Substances) can be madeto the Waste & Water Management Group of the EPD at25/F., Southorn Centre, 130 Hennessy Road, Wanchai, HongKong (Tel.: 2835 1171).




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Hazardous materials…

Dangerous Goods… In a hotel, the storage, handling and disposal of any dangerousgoods, such as the fuel oil for the operation of boiler plant andany chemicals used in the chlorinating process for a swimmingpool shall be kept under control.

Dangerous GoodsOrdinance…

The Dangerous Goods Ordinance (CAP. 295) and itssubsidiary regulations provide for control of the manufacture,handling, labelling, storage and transport of dangerous goods.

Dangerous goods are defined in Section 3 of the Ordinance asall explosives, compressed gases, petroleum and othersubstances giving off inflammable vapours, substances whichbecome dangerous by interaction with water or air, substancesliable to spontaneous combustion or of a readily combustiblenature, radioactive material, and substances to which it isapplied by the Governor in Council under Section 5 of theOrdinance.

Listed substances… There are about 450 dangerous substances identified in thelegislation and are classified into 10 categories according tothe Dangerous Goods (Application & Exemption) Regulations(CAP. 295 sub. leg. A):• Category 1: Explosives• Category 2: Compressed gases

Class 1: Permanent GasesClass 2: Liquefied GasesClass 3 Dissolved Gases

• Category 3: Corrosive substances• Category 4: Poisonous substances

Class 1: Substances giving off poisonous gas or vapourClass 2: Certain other poisonous substances

• Category 5: Substances giving off inflammable vapourClass 1: Substances having a flash point below 23oCClass 2: Substances having a flash point of or exceeding23oC but not exceeding 66oCClass 3: Substances having a flash point of or exceeding66oC (applicable to diesel oils, furnace oils and other fueloils having a flash point of or over 66oC)

• Category 6: Substances which become dangerous byinteraction with water

• Category 7: Strong supporters of combustion• Category 8: Readily combustible substances• Category 9: Substances liable to spontaneous combustion• Category 9A: Combustible goods exempted from

Sections 6 to 11 of the Ordinance• Category 10: Other dangerous substances Rider clauses are provided in Category 2 and Category 5dangerous goods to include any other substance having similarproperties but not yet specified in the list.


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Controlling authorities… No person shall manufacture, store, convey or use anydangerous goods without a valid licence issued by respectiveauthorities. The controlling authority for Category 1 is theCommissioner of Mines. The statutory power to controldangerous goods other than Category 1 rests with the Directorof Fire Services. An exception is liquefied petroleum gas inCategory 2 for which the Director of Electrical andMechanical Services is responsible under the Gas SafetyOrdinance. The licensing requirement for conveyance ofdangerous goods is confined to Categories 2 and 5. TheDirector of Marine has the overall control of all categorieswithin the waters of Hong Kong.

Penalties…Any person who contravenes the provisions of theDangerous Goods Ordinance and its subsidiarylegislation commit an offence and is liable to amaximum fine of $25,000 and imprisonment of sixmonths.

Dangerous chemical waste… Some chemical wastes are also classified as dangerous goodsunder the Dangerous Goods Ordinance and the producers ofthese chemical wastes should comply with the DangerousGoods Ordinance, as well as the Waste Disposal (ChemicalWaste) (General) Regulation. They have to apply for adangerous goods licence and provide full scale dangerousgoods stores for their waste if the quantities exceed theexempted limits.

The Dangerous Goods (General) Regulations (CAP. 295 sub.leg. B) regulations specify the requirements for application ofa licence, and provide general provisions relating to storage,conveyance and packing of dangerous goods in each category.In addition, a list of prohibited substances is provided in theseregulations.

Reference materials… Enquiries on any aspect of dangerous goods can be made tothe Fire Protection Bureau Headquarters at 1 Hong ChongRoad, 5/F., Tsim Sha Tsui East, Kowloon (Tel.: 2733 7748;Fax: 2723 2197).

Any complaints about dangerous goods should be made bytelephone hot line 2723 8787 (24-hour service).

Application for vehicles used for the conveyance of dangerousgoods can be made to the Fire Protection Bureau Headquartersat 1 Hong Chong Road, 5/F., Tsim Sha Tsui East, Kowloon(Tel.: 2733 7607; Fax: 2723 2197).

Application for manufacture, use and storage of dangerousgoods can be made to:• Kowloon Regional Office (Tel.: 2302 5300 and Fax: 2722

5256);• Hong Kong Regional Office (Tel.: 2549 8104 and Fax:


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2559 3461);• New Territories Regional Office (Tel.: 2604 7223 and

Fax: 2604 4425);• N.T. ‘South’ Sub-Regional Office (Tel.: 2417 6160 and

Fax: 2413 0873); or• N.T. ‘North and West’ Sub-Regional Office (Tel.: 2475

8290 and Fax: 2443 1411).

Radioactive materials… Radioactive substances are commonly used in fire detectionsystem and therefore storage, handling and disposal of suchmaterials shall follow guidelines and requirements specified inthe legislation.

Radiation Ordinance… The Radiation Ordinance (CAP. 303) controls the import,export, possession and use of radioactive substances andirradiating apparatus and the prospecting and mining forradioactive minerals for purposes connected thereto. TheRadiation Board of the Department of Health is the Authorityto enforce the Ordinance and its subsidiary regulation.

The Radiation (Control of Radioactive Substances)Regulations (CAP 303 sub. leg. A) control the handling,storage and disposal of radioactive substances. No personshall dispose of, or cause or permit the disposal of, anyradioactive waste from any place otherwise than by a methodapproved by the Radiation Board either generally bynotification in the Gazette or in writing in any particular case.

Penalties…Any person who contravenes the above requirementcommits an offence and is liable on conviction to a fineof $15,000.

Related subsidiary regulations control the workplaceenvironment, equipment and the protection of employees.

In case of queries… Enquiries regarding the Radiation Ordinance and its subsidiaryregulations can be made to the Radiation Health Unit (Tel.:2836 3535).


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Control of noise…

Noise from hotels… The possible sources of noise in a hotel are from night-clubsand bars, HVAC systems, laundries, kitchens, fire alarmsystems, engineering and building maintenance activities, andalarms on vehicles. Hotel operators should take appropriatemeasures to reduce the emanation of environmental noise. Toachieve a comfortable environment and good image tocustomers and neighbours, the control of noise is an importantaspect of good hotel management.

Noise Control Ordinance… The objective of the ordinance is to provide statutory controlsto restrict and reduce the nuisance caused by environmentalnoise. The Ordinance deals with different forms of noise.Hotels are covered under the category of noise from placesother than domestic premises, public places or constructionsites (e.g. noise from industrial or commercial premises). TheOrdinance also enables Regulations and TechnicalMemoranda to be made that introduce detailed control criteria,measurement procedures and other technical matters.

Noise Abatement Notice… Under Section 13 of the Ordinance, in places such asindustrial, commercial, trade or business premises, the EPDmay serve noise abatement notices on the person making,causing or permitting the noise to be made, or on the owner,tenant, occupier or person in charge of the premises fromwhich the noise is being emitted if the noise emitted:• does not comply with the objective technical criteria in

the form of Acceptance Noise Levels as set out in theTechnical Memorandum for the Assessment of Noisefrom Places other than Domestic Premises, Public Placesor Construction Sites;

• is a source of annoyance to any person (other than aperson in the place from which the noise is emanating) inany place considered to be a noise sensitive receiver in theTechnical Memorandum for the Assessment of Noisefrom Places other than Domestic Premises, Public Placesor Construction Sites; or

• does not comply with any standard or limit contained inany Regulations which may be made in future.

A Noise Abatement Notice may require the owner or occupierto bring his noise emissions into a state of compliance withinthe stipulated period. Any person who fails to comply withany requirement of a Noise Abatement Noise commits anoffence.

Penalties…The maximum penalty is $100,000 on first conviction,and $200,000 for second or subsequent conviction. If theoffence is a continuing one, the additional penalty can be$20,000 for each day. If the owner or the occupier isaggrieved by the service of a Noise Abatement Notice,he may appeal to an Appeal Board at the office of theSecretary for Planning, Environment and Lands at 10/F.,Murray Building, Garden Road, Hong Kong within 21days after service of the notice.


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Technical Memorandum forthe Assessment of Noise fromPlaces other than DomesticPremises, Public Places orConstruction Sites…

This Technical Memorandum details the procedures thatshould generally be adopted by the EPD for the measurementand assessment of noise emanating from places other thandomestic premises, public places or construction sites, for theissuing of Noise Abatement Notices and for determiningwhether or not any Noise Abatement Notice is being compliedwith.

When investigating a complaint regarding noise emanatingfrom places or premises falling within the scope of thisTechnical Memorandum, the EPD shall generally act inaccordance with the following procedures:• determine the appropriate Acceptable Noise Level (ANL)

for the Noise Sensitive Receiver (NSR) in question(Details are shown in Section 2 of the technicalmemorandum);

• conduct measurements to obtain the Corrected NoiseLevel (CNL) of the noise under investigation (Details areshown in Section 3 of the technical memorandum); and

• compare the CNL with the ANL to determine if a NoiseAbatement Notice may be issued and test for NoiseAbatement Notice compliance (Details are shown inSection 4 of the technical memorandum).

Intruder alarm system…

should not operate for more than 15minutes!

Under Section 13A of the Noise Control Ordinance, the ownerof any premises shall ensure that the intruder alarm system isprovided with an efficient automatic device which shall causeany audible signal to cease not more than 15 minutes after theactivation of the signal. Police officers may serve a summonson the owner of any premises who fails to comply with theabove requirements.

Penalties…Any person who fails to comply with the aboverequirements commits an offence and is liable to a fine atlevel 3 and to imprisonment for 3 months.

Vehicle alarms…

should not operate for more than 5minutes!

Under Section 13B of the Noise Control Ordinance, everyregistered owner of a vehicle shall ensure that the intruderalarm system is provided with an efficient automatic devicewhich:• shall not emit any audible signal caused otherwise than by

an act of direct physical contact with the vehicle, whetherthat act is intentional or unintentional; and

• shall cause any audible signal to cease not more than 5minutes after the activation of the signal.

Penalties… Police officers may serve a summons on the registered ownerof any vehicles who fails to comply with the aboverequirements.

Any person who fails to comply with the aboverequirements commits an offence and is liable to a fine atlevel 3.

Fire alarm system… The noise emitted from fire services equipment is not underthe control of the Noise Control Ordinance.


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Occupational noise… The Noise Control Ordinance does not seek to controloccupational noise. Noise generated inside an undertakingwhich affects employees in that work-place, is subjected tocontrol under the Factories and Industrial UndertakingsOrdinance, the enforcement of which is carried out by theLabour Department. The Factories and IndustrialUndertakings (Noise at Work) Regulation requires theproprietors of industrial undertakings, where the employee islikely to expose to hazardous noise, to conduct noiseassessment, reduce noise exposure, demarcate ear protectionzone, label noise machines and provide the employee withsuitable approved ear protectors.

Pending legislation…Drafting and consultation of the newproposal is in progress

Noise Control (Amendment) Bill - To include an explicitprovision on the liability of Corporate Director. Holds the topmanagement of corporate bodies liable for offences committedby the corporate bodies.

Reference materials… • A Concise Guide to the Noise Control Ordinance (Jun 96)• Technical Memorandum, for the Assessment of Noise

from Places other than Domestic Premises, Public Placesor Construction Sites (Jun 97)

• A Practical Guide for the Reduction of Industrial Noise(Oct 89)

• What to do when you receive a Noise Abatement Notice(May 89)


In case of queries… Enquiries regarding the Noise Control Ordinance can be madeto the Local Control Offices of the EPD. Any correspondenceand enquiry in relation to appeal matters should be addressedto an independent Appeal Board at the Office of the Secretaryfor Planning, Environment and Lands at 10/F., MurrayBuilding, Garden Road, Hong Kong.

Enquiries regarding the Factories and Industrial UndertakingsOrdinances and the Factories and Industrial Undertakings(Noise at Work) Regulation can be made to the OccupationalSafety and Health Branch of the Labour Department (Tel.:2559 2297).


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Health and safety…

Public Health and MunicipalServices Ordinance…

Operations related to solid waste storage, emission ofpollutants to the air, laundry establishments, the handling ofwastewater, sanitary conveniences, food and drugs, etc., fallunder the control of Public Health and Municipal ServicesOrdinance (CAP. 132), in respect of public health andenvironmental impacts. Cleanliness of swimming pool and thepurity of its water are under control of the Ordinance, with theobject to avoid communicable diseases. The Ordinance alsoprovides for control over hotel operations in relation toovercrowding, ventilation and light intensity.

The Ordinance makes provision for public health andmunicipal services. In view of environmental protection andpublic health, this includes control of:• discharge of solid matter and hazardous materials

(chemicals, oils, petroleum or petroleum-spirit or anytrade waste) to sewers or drains;

• nuisance caused by emission of dust, fumes or effluviafrom any premises;

• nuisance caused by emission of air either above or belowthe temperature of the external air;

• nuisance caused by discharge of water from theventilating system in any premises;

• storage of litter or waste in buildings;• accumulation of water likely to contain larvae or pupae of

mosquitoes;• nuisances from latrines and sanitary conveniences;• operations relating to laundries and dry cleaning

establishments;• cleanliness of swimming pool and the purity of its water

(Operation requirements of swimming pools in RegionalCouncil area and Urban Council area are stated in theSwimming Pools (Regional Council) Bylaws (CAP. 132sub. leg. BZ) and Swimming Pools (Urban Council)Bylaws (CAP. 132 sub. leg. CA) respectively);

• food and drug hygiene (General requirements andlicensing of food businesses, and specification ofprohibited and restricted foods in Regional Council areaand Urban Council area are stated in the Food Business(Regional Council) Bylaws (CAP. 132 sub. leg. X) andFood Business (Urban Council) Bylaws (CAP. 132 sub.leg. Y) respectively);

• nuisance caused by overcrowding in tenements, hotelsand boarding houses;

• accessibility of light and ventilation to tenements, hotelsand boarding houses; and

• ventilation rate in Scheduled Premises.

Ventilation systems… The number of cubic metres per hour for each person whomay be accommodated in the premises shall be greater than 17for restaurants and dancing establishments (Requirements,inspection and maintenance of ventilation system in ScheduledPremises in Regional Council area and Urban Council area arestated in the Ventilation of Scheduled Premises (RegionalCouncil) Bylaws (CAP. 132 sub. leg. CD) and Ventilation ofScheduled Premises (Urban Council) Bylaws (CAP. 132 sub.


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leg. CE), respectively).

Penalties…Any person who contravenes any of the provisions of theby-laws mentioned in item 1 of the Eighth Scheduleshall be liable on summary conviction to a fine at level 2.The penalties for contravention of the provisions of thisOrdinance are stated in the Ninth Schedule of theOrdinance.

In case of queries… Enquiries regarding the Public Health and Municipal ServicesOrdinance can be made to:

• Drainage Services Department at 8/F, Guardian House, 32Oi Kwan Road, Wanchai, Hong Kong (Tel.: 2834 9432;Fax: 2574 5645; Email: [email protected]; Homepage:http://www.info.gov.hk/dsd).

• Urban Services Department (Telephone Enquiry Hotline:28680000; Complaint Hotline: 2923 5050; Email:[email protected]).

• Regional Services Department at Regional CouncilBuilding, 1-3 Pai Tau Street, Sha Tin, New Territories,Hong Kong (Telephone Enquiry Hotline: 2603 4567;Complaint Hotline: 2414 5555; Fax: 2604 2343; Email:[email protected]).

• Department of Health Headquarters (Tel.: 2961 8989)


http://www.info.gov.hk/dsd

mailto:mail.uc.gov.hk



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Appendix I

Sample calculation of weighted average discharge factor and tradeeffluent surcharge rate ($/m3) for a hotel

Assuming a hotel only has a single water meter for mixed business uses, after detailed consideration of allthe information of the hotel by the DSD, the following water consumption proportions are estimated and areagreed by the hotel:

Business Classification Code(HSIC)

Description Percentage of WaterConsumption

651100 Guestroom services 45.0%952000 Laundries 25.0%641X00 Restaurants & Canteen 28.5%311700 Bakery 1.0%959198 Barber shop 0.5%

Total: 100%

The weighted average discharge factor and trade effluent surcharge rate of the hotel are calculated andshown below:

Generic* SpecifiedHSICCODt CODs Discharge

factor (%)

Percentage ofWater

ConsumptionCODt CODs CODt-s Discharge

factor (%)651100 500 350 100 45% 225 157.5 67.5 45952000 725 425 100 25% 181.25 106.25 75 25641X00 2000 2000 70 28.5% 570 570 0 19.95311700 2000 1548 100 1% 20 15.48 4.52 1959198 500 350 100 0.5% 2.5 1.75 0.75 0.5

Weighted average: 998.75 850.98 147.77 91.45

∗ The CODt and CODs for each HSIC refer to Schedule 2 of the Sewage Services (Trade EffluentSurcharge) Regulation. For trade, business or manufacture not listed in the Schedule (e.g.Guestroom services and Barber shop), the CODt and CODs are equal to 500 g/m3 and 350g/m3

respectively. The discharge factor for Restaurant & Canteen is 70% but not 85% for the tradeeffluent surcharge rate determination as Restaurant & Canteen has to pay both sewage charge andtrade effluent surcharge so the discharge factor applied to sewage charge (i.e. 70%) is used.

The weighted average CODs and CODt-s for the hotel are 850.98 g/m3 and 147.77 g/m3 respectively. As allareas of Hong Kong are now declared as Water Control Zone, from Schedule 4 Part I of the SewageServices (Trade Effluent Surcharge) Regulation, the trade effluent surcharge rate of the hotel is equal to$1.01/m3.


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Appendix II

Waste reduction framework plan…

Waste generated… The amount of waste Hong Kong disposes of every day isvery substantial. It rose from 12,500 tonnes in 1989 to 16,560tonnes in 1998. As a result, Hong Kong is running out of landfor waste disposal. If this trend continues by 2015 landfillswill be exhausted, unless significant steps are taken to reducewaste. Finding further sites for new landfills is not an option.

To reverse the rising trend of waste dumping, the Governmenthas developed a Waste Reduction Framework Plan. TheFramework Plan sets out dynamic and environmentallyresponsible programmes to prolong the life of existinglandfills and to reduce the increasing costs of wastetransportation, treatment and disposal.

Promoting wasteminimisation…

Figure 1. Waste Management Hierarchy

The main thrust of the Waste Reduction Framework Plan is topromote waste minimisation and resource recovery, to prolongthe life of strategic landfills and to optimise wastemanagement costs.

The Plan integrates a range of measures, from policyinitiatives to technological innovation, culminating in anintegrated strategy that follows the waste managementhierarchy shown in Figure 1.

The Waste Reduction Framework Plan integrates three coreprogrammes, to be implemented over a period of ten years:Waste Prevention Programme, Institutional Programme, andWaste Bulk Reduction Programme.

Waste Reduction TaskForce…

The Institutional Programme includes the setting up of aWaste Reduction Committee and a Resources Recovery Unitfor spearheading the implementation of the Waste ReductionFramework Plan within the community. It also includesestablishing task forces within various sectors of thecommunity to promulgate and facilitate waste reductioninitiatives.

The Waste Reduction Task Force for the Hotel Sector was setup in September 1997. Members include the EnvironmentalCommittee members of the Hong Kong Hotels Association,representatives from the Friends of the Earth, academicinstitutions and the Environmental Protection Department(EPD). Meetings are held regularly to discuss various wastereduction initiatives and environmental measures (such aswater and energy conservation) for hotels. The wasteReduction Framework Plan can be viewed at the web site:(http://www.pelb.wpelb.gov.hk)

Waste Reduction andRecycling Hotline…

The Environmental Protection Department has been operatinga Hotline – 2755 2750 since 1991 for providing the publicwith information and advice on waste reduction and recycling.From 1991 to 1998, the Hotline has served about 9,400

AVOID

MINIMISE

RECYCLE

TREAT

DISPOSE

http://www.pelb.wpelb.gov.hk


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inquirers from the household, commercial and industrialsectors in relation to waste reduction and recycling matter.

The hotline services you… It is Government policy to encourage waste reduction andrecycling activities. The Hotline serves the community byproviding information and advice on various initiativesincluding:• technical advice on organising and running voluntary

waste reduction and recovery programmes;• statistics on waste recycling; and• lists of local recyclable material collectors and recyclers.

Information Leaflets andGuidance Materials…

Information materials provided through the Hotline includeguidance booklets on organising waste recovery programmesin offices and households, posters, stickers, wall charts,pledges, video tapes entitled “Green Families”, GreenOffices”, and “Recycle for Good”, and information factsheets.


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Table 1(a). Standards for Effluents Discharged into Foul Sewers Leading into

Government Sewage Treatment Plants.

Table 1(b). Standards for Effluents Discharged into Foul Sewers Leading into

Government Sewage Treatment Plants with Microbial Treatment.

Table 2. SCHEDULE in the Sewage Services (Sewage Charge) Regulation

TRADE, BUSINESS OR MANUFACTURE

1. bleaching and dyeing of garments2. bleaching and dyeing of knitted fabric3. bleaching and dyeing of woven fabric4. bleaching and dyeing of yarn5. knit outerwear6. soft drinks and carbonated water industries7. breweries and manufacture of malt liquor8. distilling, rectifying and blending spirits9. restaurants10. ice-making factory


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Table 3. Trade Effluent Surcharge

Table 4. SCHEDULE 3 in the Sewage Services (Trade Effluent Surcharge) Regulation

TRADE, BUSINESS OR MANUFACTURE

1. bleaching and dyeing of garments2. bleaching and dyeing of knitted fabric3. bleaching and dyeing of woven fabric4. knit outerwear5. soft drinks and carbonated water industries6. breweries and manufacture of malt liquor7. distilling, rectifying and blending spirits restaurants


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Table 5. Trade Effluent Surcharge Rate Matrix.


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Table 6. Chemical Oxygen Demand-Total (CODt) and Chemical Oxygen Demand-

Settled (CODs) Limits for Each Trade, Business or Manufacture.


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Table 7. Hong Kong Air Quality Objectives.


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Table 8. Limits of Emission of Dust and Grit.


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Table 9. Air Pollutants and Health Protection Concentration Levels.


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Table 10. Scheduled Substances.


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Table 11. List of Chemical Wastes.


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Table 12. Charges for Disposal of Chemical Waste Other Than Special Chemical Waste

Table 13. Charges for Disposal of Special Chemical Waste

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