Author: John Lee, Kelvin Tang
In addition to a large number of laws in Hong Kong being relevant to the control of air pollution in Hong Kong, there is also a correspondingly large number of regulations that have been created under these laws that are relevant to air pollution.
1. Air Pollution Control (Air Control Zones) (Declaration) (Consolidation) Order 1993
Provides for consolidated declaration of Air Control Zones.
2. Air Pollution Control (Appeal Board) Regulations 1983
Stipulates the procedures and run down of an appeal.
3. Air Pollution Control (Asbestos) (Administration) Regulation 1996
Provides for the qualifications and fees for registration of asbestos consultants, contractors, supervisors and laboratories.
4. Air Pollution Control (Construction Dust) Regulation 1997
Requires contractors to take dust reduction measures when construction work is being carried out.
5. Air Pollution Control (Dry-cleaning Machines) (Vapour Recovery) Regulation 2001
Requires dry-cleaning machines using perchloroethylene PCE as a dry-cleaning agent to be equipped with a vapour recovery system and to meet the stipulated emission standard.
6. Air Pollution Control (Dust and Grit Emission) Regulations 1974
Stipulates the emission standards, assessment procedures and requirements for particulate emissions from stationary combustion sources.
7. Air Pollution Control (Emission Reduction Devices for Vehicles) Regulation 2003 and its Amendment
Requires pre-Euro diesel vehicles to be retrofitted with approved emission reduction devices for licence renewal.
8. Air Pollution Control (Fuel Restriction) Regulations and its Amendment of 2008
Prohibits the use of high sulphur content solid and liquid fuel for commercial and industrial appliances. (In Shatin, only gaseous fuel is allowed.)
9. Air Pollution Control (Furnaces, Oven and Chimneys) (Installation and Alteration) Regulations 1972
Requires prior approval to ensure suitable design for the installation and alteration of furnaces, ovens and chimneys.
10. Air Pollution Control (Motor Vehicle Fuel) Regulation 1994
Sets out the specifications of liquid motor vehicle fuel to be used in motor vehicles and prohibits the sale of leaded petrol.
11. Air Pollution Control (Open Burning) Regulation 1996
Prohibits open burning of construction waste, tyres and cables for metal salvage, and controls other open burning activities by permit system.
12. Air Pollution Control (Petrol Filling Stations) (Vapour Recovery) Regulation 1999
Requires petrol dispensers and petrol storage tanks of petrol filling stations and petrol delivery vehicles to be equipped with effective vapour recovery systems and to observe good practice during petrol unloading and vehicle refuelling.
13. Air Pollution Control (Smoke) Regulation 1983
Restricts emission of dark smoke from stationary combustion sources.
14. Air Pollution Control (Specified Processes) Regulations 1987
Provides the administrative framework for the licensing of Specified Processes.
15. Air Pollution Control (Vehicle Design Standards) (Emission) Regulations 1992
Sets out the emission standards for newly registered vehicles.
16. Air Pollution Control (Volatile Organic Compounds) Regulation 2007
Imposes limits on the VOC content of architectural paints/coatings, printing inks and six selected consumer products - air fresheners, hairsprays, multi-purpose lubricants, floor wax strippers, insecticides and insect repellents, and requires emission reduction devices to be installed on lithographic heatset web printing machines.
17. Merchant Shipping (Prevention of Air Pollution) Regulation (Cap 413M)
This Regulation implements the requirements of the International Convention for the Prevention of Pollution from Ships (MARPOL) Annex VI in Hong Kong to control air pollutant emissions from ships. It imposes restrictions on ship emissions of harmful substances such as ozone-depleting substances, VOC, NOX and SOX. It also seeks to control the quality of fuel oil used on board vessels and regulates shipboard incineration. Moreover, survey and certification will be required for ships of 400 gross tonnage or above. This Regulation is applicable to all Hong Kong registered ships, foreign ships within Hong Kong waters, as well as “local vessels” as defined in the Merchant Shipping (Local Vessels) Ordinance, Cap. 548, including locally licensed vessels, Hong Kong registered river trade vessels and PRC coastal/river trade vessels trading to Hong Kong. Marine Department is responsible for enforcement of the regulation.
18. Building (Demolition Works) Regulations (Cap 123C)
This Regulation prevents nuisance from the building demolition works. It requires authorized person and registered specialist to carry out any demolition works. The Director of Buildings is responsible for enforcement of the regulation.
19. Road Traffic (Construction and Maintenance of Vehicles) Regulations (Cap 374A)
These Regulations provide that every motor vehicle must be so constructed and maintained that no excessive smoke or visible vapour is emitted therefrom (Regulation 31).
20. Factories and Industries Undertakings (Asbestos) Regulation (Cap. 59AD)
This Regulation provides a regulatory framework to protect workers who are likely to be exposed to asbestos including provisions for the prevention and reduction of exposure of workers to asbestos, prevention of spread of asbestos, air monitoring and use and maintenance of control measures.
21. Ozone Layer Protection (Controlled Refrigerants) Regulation (Cap. 403B)
This Regulation requires the conservation of controlled refrigerants used in large scale installations and motor vehicles.
22. Ozone Layer Protection (Products Containing Scheduled Substances) (Import Banning) Regulation (Cap 403C)
This Regulation prohibits the import of portable fire extinguishers containing halons from all countries and other controlled products from a country or a place not a party to the Montreal Protocol unless the Authority considers that it complies with the requirements of the Protocol.