Hazardous Chemicals Control Ordinance

by Legislative Council of Hong Kong

Layout 2

HAZARDOUS CHEMICALS CONTROL ORDINANCE

CONTENTS

Section

Page

PART 1 Preliminary
1.	Short title and commencement ............................................................................................................................................................................................................................................................................................................	A925
2.	Interpretation ............................................................................................................................................................................................................................................................................................................	A925
3.	Application of Ordinance ............................................................................................................................................................................................................................................................................................................	A929
4.	Ordinance binds Government ............................................................................................................................................................................................................................................................................................................	A929
5.	Criteria under Rotterdam Convention or Stockholm Convention be followed when determining whether certain chemical is hazardous chemical ............................................................................................................................................................................................................................................................................................................	A931
PART 2 Regulation of Scheduled Chemicals
6.	Restriction on manufacture of scheduled chemicals ............................................................................................................................................................................................................................................................................................................	A931
7.	Restriction on export of scheduled chemicals ............................................................................................................................................................................................................................................................................................................	A931
8.	Restriction on import of scheduled chemicals ............................................................................................................................................................................................................................................................................................................	A931
9.	Restriction on use of scheduled chemicals ............................................................................................................................................................................................................................................................................................................	A933
PART 3 Issue, etc. of Permits and Variation of Permit Conditions
Issue and renewal of permits, etc.
10.	Issue and renewal of permits, etc. ............................................................................................................................................................................................................................................................................................................	A933
11.	Power of Director to impose conditions on permits ............................................................................................................................................................................................................................................................................................................	A935
12.	Refusal of application for permits, etc. ............................................................................................................................................................................................................................................................................................................	A935
Variation of permit conditions, etc.
13.	Power of Director to vary permit conditions ............................................................................................................................................................................................................................................................................................................	A935
14.	Director to notify his decisions to vary or refuse to vary permit conditions ............................................................................................................................................................................................................................................................................................................	A937
15.	When Director’s decisions to vary permit conditions take effect ............................................................................................................................................................................................................................................................................................................	A937
16.	Return of permits to Director after variation of permit conditions takes effect ............................................................................................................................................................................................................................................................................................................	A937
17.	Director to issue permits with conditions varied ............................................................................................................................................................................................................................................................................................................	A939
Offences regarding contravention of permit conditions
18.	Offences regarding contravention of permit conditions ............................................................................................................................................................................................................................................................................................................	A939
PART 4 Cancellation or Suspension of Permits
Cancellation of permits
19.	Power of Director to cancel permits ............................................................................................................................................................................................................................................................................................................	A939
20.	When cancellation of permits takes effect ............................................................................................................................................................................................................................................................................................................	A941
21.	Return of permits to Director on cancellation of permits ............................................................................................................................................................................................................................................................................................................	A941
22.	Power of Director to give directions regarding disposal of scheduled chemicals on cancellation of permits, etc. ............................................................................................................................................................................................................................................................................................................	A941
23.	Power of Director to vary directions given under section 22 ............................................................................................................................................................................................................................................................................................................	A941
24.	Director to notify his decisions to vary or refuse to vary directions ............................................................................................................................................................................................................................................................................................................	A943
25.	When Director’s decisions to vary directions take effect ............................................................................................................................................................................................................................................................................................................	A943
26.	Offences regarding failing to comply with Director’s directions in respect of disposal of scheduled chemicals ............................................................................................................................................................................................................................................................................................................	A943
Suspension of permits
27.	Power of Director to suspend permits ............................................................................................................................................................................................................................................................................................................	A943
28.	When suspension of permits takes effect ............................................................................................................................................................................................................................................................................................................	A945
29.	Return of permits to Director on suspension of permits ............................................................................................................................................................................................................................................................................................................	A945
30.	Return of permits to permit holders after expiry of suspension periods ............................................................................................................................................................................................................................................................................................................	A945
Supplementary provisions regarding cancellation or suspension of permits
31.	Supplementary provisions regarding cancellation or suspension of permits ............................................................................................................................................................................................................................................................................................................	A945
PART 5 Enforcement Powers, etc.
32.	Power to enter non-domestic premises, etc. for routine inspection ............................................................................................................................................................................................................................................................................................................	A949
33.	Power to enter any premises, etc. in other cases ............................................................................................................................................................................................................................................................................................................	A951
34.	Warrants to be obtained for exercising powers under section 33 ............................................................................................................................................................................................................................................................................................................	A953
35.	Production of proof of identity ............................................................................................................................................................................................................................................................................................................	A953
36.	Search by same sex ............................................................................................................................................................................................................................................................................................................	A953
37.	Forfeiture of things seized by authorized officers ............................................................................................................................................................................................................................................................................................................	A953
PART 6 Miscellaneous Provisions
38.	Appointment of authorized officers ............................................................................................................................................................................................................................................................................................................	A955
39.	Director’s power to issue duplicates of permits ............................................................................................................................................................................................................................................................................................................	A955
40.	Provision of false or inaccurate information, etc. ............................................................................................................................................................................................................................................................................................................	A957
41.	Liability of employers ............................................................................................................................................................................................................................................................................................................	A957
42.	Appeals to Administrative Appeals Board ............................................................................................................................................................................................................................................................................................................	A959
43.	Admissibility of documents, etc. ............................................................................................................................................................................................................................................................................................................	A959
44.	Service of notices, etc. ............................................................................................................................................................................................................................................................................................................	A959
45.	Power of Secretary to make regulations—General ............................................................................................................................................................................................................................................................................................................	A961
46.	Power of Secretary to make regulations—Fees ............................................................................................................................................................................................................................................................................................................	A963
47.	Exemptions ............................................................................................................................................................................................................................................................................................................	A963
48.	Delegation ............................................................................................................................................................................................................................................................................................................	A963
49.	Power of Director to specify forms ............................................................................................................................................................................................................................................................................................................	A965
50.	Power of Secretary to amend Schedules ............................................................................................................................................................................................................................................................................................................	A965
51.	Protection of public officers ............................................................................................................................................................................................................................................................................................................	A965
52.	Related amendments ............................................................................................................................................................................................................................................................................................................	A967

Schedule 1	............................................................................................................................................................................................................................................................................................................	A967
Schedule 2	............................................................................................................................................................................................................................................................................................................	A969
Schedule 3	Related amendments ............................................................................................................................................................................................................................................................................................................	A973

HONG KONG SPECIAL ADMINISTRATIVE REGION

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Ordinance No. 19 of 2007

An Ordinance to regulate the manufacture, export, import and use of chemicals that are not pesticides and have potentially harmful or adverse effects on human health or the environment (including such chemicals that are subject to the regulation of the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade or the Stockholm Convention on Persistent Organic Pollutants); and to provide for related, consequential or incidental matters.

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Enacted by the Legislative Council.

PART 1
Preliminary

1. Short title and commencement

(1) This Ordinance may be cited as the Hazardous Chemicals Control Ordinance.

(2) This Ordinance shall come into operation on a day to be appointed by the Secretary for the Environment by notice published in the Gazette.

2. Interpretation

(1) In this Ordinance, unless the context otherwise requires—

“authorized officer” (獲授權人員) means the Director or any public officer appointed to be an authorized officer under section 38;

“container” (容器) includes a packet;

“court” (法院) includes a magistrate;

“Director” (署長) means the Director of Environmental Protection;

“export” (出口), in relation to a scheduled chemical, means to take the chemical, or cause the chemical to be taken, out of Hong Kong by air, land or water;

“hazardous chemical” (有毒化學品) means any chemical that—

(a) is not a pesticide; and

(b) has potentially harmful or adverse effect on human health or the environment,

including any such chemical that is subject to the regulation of the Rotterdam Convention or the Stockholm Convention;

“import” (進口), in relation to a scheduled chemical, means to bring the chemical, or cause the chemical to be brought, into Hong Kong by air, land or water;

“notice of cancellation” (取消通知) means a notice referred to in section 19;

“part” (部分), in relation to any thing, means any part of that thing, whether or not that part is a constituent element of that thing;

“permit” (許可證) means a permit issued or renewed under section 10;

“permit holder” (許可證持有人), where the context requires, includes a holder of a permit which—

(a) has been or is to be cancelled or suspended under section 19 or 27; or

(b) has been or is to be partially cancelled or suspended under section 31;

“pesticide” (除害劑) means a pesticide as defined in section 2 of the Pesticides Ordinance (Cap. 133);

“premises” (處所) includes any place and in particular includes any aircraft, vehicle or vessel;

“prescribed fee” (訂明費用), in relation to any matter, means the fee payable under this Ordinance in relation to that matter and prescribed by any regulation made under section 46;

“Rotterdam Convention” (《鹿特丹公約》) means the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade adopted on 10 September 1998 as amended from time to time and as applied to Hong Kong;

“scheduled chemical” (受管制化學品) means a Type 1 chemical or Type 2 chemical;

“Secretary” (局長) means the Secretary for the Environment;

“Stockholm Convention” (《斯德哥爾摩公約》) means the Stockholm Convention on Persistent Organic Pollutants adopted on 22 May 2001 as amended from time to time and as applied to Hong Kong;

“thing” (物品) includes a substance;

“Type 1 chemical” (第 1 類化學品) means a hazardous chemical specified in Part 1 of Schedule 1;

“Type 2 chemical” (第 2 類化學品) means a hazardous chemical specified in Part 1 of Schedule 2;

“vary” (更改)—

(a) in relation to the conditions of a permit, means—

(i) to modify any of those conditions;

(ii) to substitute any condition for any of those conditions;

(iii) to add any condition to those conditions;

(iv) to cancel any of those conditions; or

(v) to do 2 or more of the acts mentioned in subparagraphs (i), (ii), (iii) and (iv); or

(b) in relation to the directions given under section 22, means—

(i) to modify any of those directions;

(ii) to substitute any direction for any of those directions;

(iii) to add any direction to those directions;

(iv) to cancel any of those directions; or

(v) to do 2 or more of the acts mentioned in subparagraphs (i), (ii), (iii) and (iv).

(2) In this Ordinance, unless the context otherwise requires, a reference to manufacture, in relation to a scheduled chemical, includes causing the chemical to be manufactured.

(3) For the avoidance of doubt, a scheduled chemical is not regarded as having been manufactured if it is produced incidentally in the course of the manufacture of any other thing.

3. Application of Ordinance

(1) Subject to subsections (2) and (3), this Ordinance applies to a scheduled chemical, whether or not the chemical exists alone or is a part of any preparation or product.

(2) This Ordinance does not apply to—

(a) a Type 1 chemical to the extent as provided in Part 2 of Schedule 1; and

(b) a Type 2 chemical to the extent as provided in Part 2 of Schedule 2.

(3) In this section, “preparation” (製劑) means a mixture or solution composed of 2 or more substances.

4. Ordinance binds Government

(1) Subject to this section, this Ordinance binds the Government.

(2) Neither the Government nor any public officer in the officer’s capacity as such is liable to be prosecuted for an offence against this Ordinance.

(3) No prescribed fee is payable by the Government.

5. Criteria under Rotterdam Convention or Stockholm Convention be followed when determining whether certain chemical is hazardous chemical

When determining whether a chemical is a hazardous chemical for the purposes of this Ordinance, the criteria to be followed as set out in or required under the Rotterdam Convention or the Stockholm Convention in determining whether a chemical should be subject to the regulation of the Convention are to be taken into account.

PART 2
Regulation of Scheduled Chemicals

6. Restriction on manufacture of scheduled chemicals

(1) Except under and in accordance with a permit, a person shall not manufacture any scheduled chemical.

(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 1 year.

(3) In any proceedings for an offence under subsection (1), it is a defence for the person charged to prove that he did not know and could not with reasonable diligence have known that the chemical was a scheduled chemical.

7. Restriction on export of scheduled chemicals

(1) Except under and in accordance with a permit, a person shall not export any scheduled chemical.

(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 1 year.

(3) In any proceedings for an offence under subsection (1), it is a defence for the person charged to prove that he did not know and could not with reasonable diligence have known that the chemical was a scheduled chemical.

8. Restriction on import of scheduled chemicals

(1) Except under and in accordance with a permit, a person shall not import any scheduled chemical.

(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 1 year.

(3) In any proceedings for an offence under subsection (1), it is a defence for the person charged to prove that he did not know and could not with reasonable diligence have known that the chemical was a scheduled chemical.

9. Restriction on use of scheduled chemicals

(1) Except under and in accordance with a permit, a person shall not use any scheduled chemical.

(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 1 year.

(3) In any proceedings for an offence under subsection (1), it is a defence for the person charged to prove that he did not know and could not with reasonable diligence have known that the chemical was a scheduled chemical.

PART 3
Issue, etc. of Permits and Variation of Permit Conditions

Issue and renewal of permits, etc.

10. Issue and renewal of permits, etc.

(1) The Director may, on an application that complies with any regulation made under section 45, and subject to the compliance by the applicant with any other requirement imposed under or by virtue of any such regulation in relation to the application, issue a permit for the carrying out of the following activities—

(a) the manufacture of one or more scheduled chemicals;

(b) the export of one or more scheduled chemicals;

(c) the import of one or more scheduled chemicals;

(d) the use of one or more scheduled chemicals.

(2) The Director may, on an application that complies with any regulation made under section 45, and subject to the compliance by the applicant with any other requirement imposed under or by virtue of any such regulation in relation to the application, renew a permit issued under subsection (1).

(3) When considering whether to exercise his power under subsection (1) or (2), the Director is to have regard to other enactments that govern the activity to which the application relates.

(4) The Director may not issue or renew a permit authorizing the manufacture of any Type 1 chemical unless the chemical is only for—

(a) use for laboratory-scale research purpose;

(b) use as a reference standard for chemical analysis; or

(c) use for laboratory-scale research purpose and as a reference standard for chemical analysis.

11. Power of Director to impose conditions on permits

(1) Without affecting the generality of section 40(2)(b) of the Interpretation and General Clauses Ordinance (Cap. 1), the Director may, on issuing or renewing a permit under section 10, impose—

(a) any such condition as he considers appropriate that relates to any premises at which the activity authorized under the permit is to be carried out;

(b) any such condition as he considers appropriate that relates to any intended purpose or mode of operation of the activity authorized under the permit;

(c) any such condition as he considers appropriate that requires the permit holder to comply with any other enactment that governs the activity authorized under the permit; and

(d) any such condition as he considers appropriate for the protection of public health or the environment.

(2) When considering whether to impose any condition under subsection (1), or the conditions to be imposed under that subsection, the Director is to have regard to other enactments that govern the activity authorized under the permit.

12. Refusal of application for permits, etc.

If the Director decides—

(a) to refuse an application for the issue of a permit under section 10(1); or

(b) to refuse an application for the renewal of a permit under section 10(2),

he shall, by notice in writing served on the applicant, inform the applicant of his decision and the reasons for his decision.

Variation of permit conditions, etc.

13. Power of Director to vary permit conditions

(1) The Director may vary the conditions of a permit—

(a) on his own initiative; or

(b) on an application that complies with any regulation made under section 45, and subject to the compliance by the applicant with any other requirement imposed under or by virtue of any such regulation in relation to the application.

(2) When considering whether to vary the conditions of a permit under subsection (1), or the variation to be made under that subsection, the Director is to have regard to other enactments that govern the activity authorized under the permit.

14. Director to notify his decisions to vary or refuse to vary permit conditions

(1) If the Director decides—

(a) to vary the conditions of a permit under section 13; or

(b) to refuse an application for the variation of the conditions of a permit under section 13,

he shall, by notice in writing served on the permit holder, inform the permit holder of his decision and the reasons for his decision.

(2) Where the Director decides to vary the conditions of a permit under section 13, the notice shall state the manner in which the conditions are to be varied.

15. When Director’s decisions to vary permit conditions take effect

(1) Where the Director decides to vary the conditions of a permit under section 13, the variation is to take effect on the day specified in the notice referred to in section 14 for that purpose.

(2) A variation is to take effect under subsection (1) notwithstanding that an appeal has been or is to be lodged under section 42(b) against the Director’s decision.

16. Return of permits to Director after variation of permit conditions takes effect

(1) After a variation of the conditions of a permit takes effect, the conditions of the permit shall be read subject to the variation.

(2) Notwithstanding subsection (1), not later than 10 working days after the variation takes effect, the permit holder shall return the permit to the Director.

(3) A person who, without reasonable excuse, contravenes subsection (2) commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 6 months.

17. Director to issue permits with conditions varied

(1) If the conditions of a permit are varied under section 13(1), the Director shall issue a permit, with its conditions varied, to the permit holder.

(2) The Director may refuse to issue a permit under subsection (1) to a permit holder if the permit holder fails to return the permit required to be returned under section 16.

(3) A permit issued under subsection (1) is to be regarded as a permit issued under section 10(1).

Offences regarding contravention of permit conditions

18. Offences regarding contravention of permit conditions

A permit holder who contravenes a condition of his permit that falls within the description of section 11(1)(a), (b), (c) or (d) commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 6 months.

PART 4
Cancellation or Suspension of Permits

Cancellation of permits

19. Power of Director to cancel permits

(1) The Director may cancel a permit if—

(a) the permit holder contravenes any provision of this Ordinance;

(b) the permit holder contravenes any condition of the permit; or

(c) the cancellation appears to the Director to be necessary for the protection of public health or the environment.

(2) If the Director decides to cancel a permit, he shall, by notice in writing served on the permit holder, inform the permit holder of his decision and the reasons for his decision.

20. When cancellation of permits takes effect

(1) Where the Director decides to cancel a permit under section 19, the cancellation is to take effect on the day specified in the notice of cancellation for that purpose.

(2) A cancellation is to take effect under subsection (1) notwithstanding that an appeal has been or is to be lodged under section 42(d) against the Director’s decision.

21. Return of permits to Director on cancellation of permits

(1) Not later than 10 working days after a cancellation of a permit takes effect, the permit holder shall return the permit to the Director.

(2) A person who, without reasonable excuse, contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 6 months.

22. Power of Director to give directions regarding disposal of scheduled chemicals on cancellation of permits, etc.

(1) Where the Director cancels a permit under section 19, he may give such directions as he considers appropriate regarding the disposal of any scheduled chemical that, but for the cancellation, is authorized to be manufactured, exported, imported or used under the permit, including the disposal of any thing of which the chemical is a part and any container that is used for containing the chemical or thing.

(2) When considering whether to give any direction under subsection (1), or the directions to be given under that subsection, the Director is to have regard to other enactments that govern the disposal of the chemical concerned.

(3) If the Director decides to give any direction under subsection (1), he shall specify such direction in the notice of cancellation.

23. Power of Director to vary directions given under section 22

(1) The Director may, on an application that complies with any regulation made under section 45, and subject to the compliance by the applicant with any other requirement imposed under or by virtue of any such regulation in relation to the application, vary the directions given under section 22.

(2) When considering whether to vary the directions under subsection (1), or the variation to be made under that subsection, the Director is to have regard to other enactments that govern the disposal of the chemical concerned.

24. Director to notify his decisions to vary or refuse to vary directions

(1) If the Director decides—

(a) to vary the directions given under section 22; or

(b) to refuse an application for the variation of the directions given under section 22,

he shall, by notice in writing served on the permit holder, inform the permit holder of his decision and the reasons for his decision.

(2) Where the Director decides to vary the directions given under section 22, the notice shall state the manner in which the directions are to be varied.

25. When Director’s decisions to vary directions take effect

Where the Director decides to vary the directions given under section 22, the variation is to take effect on the day specified in the notice referred to in section 24 for that purpose.

26. Offences regarding failing to comply with Director’s directions in respect of disposal of scheduled chemicals

A permit holder who fails to comply with any of the directions given under section 22 or, where the directions are varied under section 23, any of such directions as varied, commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 6 months.

Suspension of permits

27. Power of Director to suspend permits

(1) The Director may suspend a permit for such period as he considers appropriate if—

(a) the permit holder contravenes any provision of this Ordinance;

(b) the permit holder contravenes any condition of the permit; or

(c) the suspension appears to the Director to be necessary for the protection of public health or the environment.

(2) If the Director decides to suspend a permit, he shall, by notice in writing served on the permit holder, inform the permit holder of his decision and the reasons for his decision.

28. When suspension of permits takes effect

(1) Where the Director decides to suspend a permit under section 27, the suspension is to take effect on the day specified in the notice of suspension for that purpose.

(2) A suspension is to take effect under subsection (1) notwithstanding that an appeal has been or is to be lodged under section 42(f) against the Director’s decision.

(3) In subsection (1), “notice of suspension” (暫時吊銷通知) means a notice referred to in section 27.

29. Return of permits to Director on suspension of permits

(1) Not later than 10 working days after a suspension of a permit takes effect, the permit holder shall return the permit to the Director.

(2) A person who, without reasonable excuse, contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 6 months.

30. Return of permits to permit holders after expiry of suspension periods

After a suspension of a permit ceases to have effect, the Director may send the permit to the permit holder in such manner as the Director considers appropriate if the permit holder—

(a) does not collect the permit from the Director within 10 working days after the cessation; or

(b) has requested in writing that the permit be sent to him.

Supplementary provisions regarding cancellation or suspension of permits

31. Supplementary provisions regarding cancellation or suspension of permits

(1) In exercising his power under section 19 or 27, the Director may cancel or suspend a permit to the extent that it relates to one or more scheduled chemicals that are authorized to be manufactured, exported, imported or used under the permit.

(2) Where there is a partial cancellation or partial suspension of a permit, subject to subsections (3) and (4), the provisions of this Ordinance that apply to or in relation to the cancellation or suspension of a permit shall, with necessary modifications, apply to the partial cancellation or partial suspension to the extent that the permit is so cancelled or suspended.

(3) Where there is a partial cancellation of a permit—

(a) section 21(1) shall be construed as requiring the permit holder to return the permit to the Director not later than 10 working days after the partial cancellation takes effect; and

(b) the Director shall, on receiving the permit so returned, issue to the permit holder, free of charge, a permit in respect of the scheduled chemicals that are authorized to be manufactured, exported, imported or used under the permit so returned but are not chemicals to which the partial cancellation relates.

(4) Where there is a partial suspension of a permit—

(a) section 29(1) shall be construed as requiring the permit holder to return the permit to the Director not later than 10 working days after the partial suspension takes effect;

(b) the Director shall, on receiving the permit so returned, issue to the permit holder, free of charge, a permit in respect of the scheduled chemicals that are authorized to be manufactured, exported, imported or used under the permit so returned but are not chemicals to which the partial suspension relates; and

(c) section 30 shall be construed as—

(i) requiring the permit holder to return the permit issued to him under paragraph (b); and

(ii) empowering the Director to send to the permit holder, in such manner as the Director considers appropriate, the permit returned under paragraph (a) if the permit holder—

(A) does not collect the permit so returned within 10 working days after the partial suspension ceases to have effect; or

(B) has requested in writing that the permit be sent to him.

(5) A permit issued under subsection (3)(b) or (4)(b) is to be regarded as a permit issued under section 10(1).

(6) In this section—

“partial cancellation” (局部取消 ), in relation to a permit, means the cancellation of the permit to the extent that it relates to one or more, but not all, scheduled chemicals that are authorized to be manufactured, exported, imported or used under the permit;

“partial suspension” (局部暫時吊銷), in relation to a permit, means the suspension of the permit to the extent that it relates to one or more, but not all, scheduled chemicals that are authorized to be manufactured, exported, imported or used under the permit.

PART 5
Enforcement Powers, etc.

32. Power to enter non-domestic premises, etc. for routine inspection

(1) For the purposes of ascertaining whether this Ordinance has been or is being complied with, an authorized officer may, at any reasonable time, enter any premises, other than domestic premises, which he reasonably believes is used for manufacturing any scheduled chemical or for facilitating the export, import or use of any such chemical.

(2) After entering any premises under subsection (1), an authorized officer may, at the premises, exercise any or all of the following powers—

(a) to require the production of, inspect and examine—

(i) any thing that is or he reasonably believes to be a scheduled chemical; or

(ii) any thing that contains or he reasonably believes to contain any such chemical, including any thing that he reasonably believes to have any such chemical as its part;

(b) to require the production or provision of, inspect and examine—

(i) any permit or other document to which any scheduled chemical relates, including any document that relates to the origin or nature of such chemical; and

(ii) any other document or information or any other thing that he reasonably believes to be relevant to an offence under section 6, 7, 8 or 9;

(c) to take and make copies of any permit, document and information referred to in paragraph (b);

(d) to take, without payment but subject to the issue of a receipt for it, such sample of any thing as he may reasonably require for the purposes of examination and investigation to determine whether an offence may have been committed under section 6, 7, 8 or 9.

(3) A person commits an offence if he—

(a) without reasonable excuse, fails to comply with a requirement made under subsection (2)(a) or (b); or

(b) wilfully obstructs an authorized officer in the exercise of any power conferred under subsection (1) or (2).

(4) A person who commits an offence under subsection (3) is liable on conviction to a fine at level 3 and to imprisonment for 6 months.

(5) Where a sample of any thing is taken away by an authorized officer under subsection (2) for the purposes of examination and investigation, the Director may, after the examination and investigation, direct that the sample be returned to its owner or to the premises from which it was taken or disposed of in such other way as he considers appropriate.

33. Power to enter any premises, etc. in other cases

(1) Where a warrant has been issued under section 34 in respect of any premises, an authorized officer may enter the premises and exercise any or all of the following powers—

(a) to stop and search any person found at the premises whom he reasonably believes to have committed or is committing an offence under section 6, 7, 8 or 9;

(b) to require the production of, inspect and examine—

(i) any thing that is or he reasonably believes to be a scheduled chemical; or

(ii) any thing that contains or he reasonably believes to contain any such chemical, including any thing that he reasonably believes to have any such chemical as its part;

(c) to require the production or provision of, inspect and examine—

(i) any permit or other document to which any scheduled chemical relates, including any document that relates to the origin or nature of such chemical; and

(ii) any other document or information or any other thing that he reasonably believes to be or contain evidence of the commission of an offence under section 6, 7, 8 or 9;

(d) to take and make copies of any permit, document and information referred to in paragraph (c);

(e) to seize, remove and detain any thing that he reasonably believes to be or contain evidence of the commission of an offence under section 6, 7, 8 or 9.

(2) A person commits an offence if he—

(a) without reasonable excuse, fails to comply with a requirement made under subsection (1)(b) or (c); or

(b) wilfully obstructs an authorized officer in the exercise of any power conferred under subsection (1).

(3) A person who commits an offence under subsection (2) is liable on conviction to a fine at level 3 and to imprisonment for 6 months.

34. Warrants to be obtained for exercising powers under section 33

(1) A court may issue a warrant in respect of any premises if it is satisfied by information on oath that there are reasonable grounds for believing that—

(a) an offence under section 6, 7, 8 or 9 has been or is being committed at the premises; or

(b) there is or may be at the premises any thing that is or contains, or is likely to be or contain, evidence of the commission of an offence under section 6, 7, 8 or 9.

(2) A warrant issued under subsection (1) may authorize an authorized officer—

(a) to enter, by force if necessary, and search the premises specified in the information; and

(b) to take with him such assistants as may be necessary.

(3) A warrant issued under subsection (1) continues in force until the purpose for which the entry is necessary has been satisfied.

35. Production of proof of identity

Before or on exercising a power conferred by this Part, an authorized officer shall produce written evidence as to his identity.

36. Search by same sex

A person may only be searched under section 33(1)(a) by another person of the same sex.

37. Forfeiture of things seized by authorized officers

(1) If an offence is prosecuted under section 6, 7, 8 or 9, the court may, on its own motion or on application, order any scheduled chemical, any thing of which the chemical is a part, or any container used for containing the chemical or thing, which is seized under section 33(1)(e)—

(a) to be returned to its owner or the person from whom it was seized; or

(b) to be forfeited to the Government.

(2) Where an order is made under subsection (1)(b)—

(a) any thing that is forfeited to the Government under the order is to be regarded as the property of the Government and is free from all rights of any other person; and

(b) the Director may dispose of it in such manner as he considers appropriate.

(3) In any proceedings for the making of an order under subsection (1), any statement or other indication concerning the nature of any scheduled chemical which is displayed on or affixed in any manner to—

(a) the chemical;

(b) any thing of which the chemical is a part; or

(c) the container used for containing the chemical or that thing, at the time when the chemical or that thing was seized is to be regarded, in the absence of evidence to the contrary, as a true description of the chemical.

(4) This section applies whether or not a person is convicted of an offence under section 6, 7, 8 or 9.

PART 6
Miscellaneous Provisions

38. Appointment of authorized officers

The Director may in writing appoint any public officer to be an authorized officer for the purposes of this Ordinance.

39. Director’s power to issue duplicates of permits

(1) If a permit is lost, destroyed or defaced, the Director may, on an application that complies with any regulation made under section 45, and subject to the compliance by the applicant with any other requirement imposed under or by virtue of any such regulation in relation to the application, issue to the permit holder a duplicate permit to replace the original permit.

(2) A duplicate permit has the same effect as the original permit and is to be regarded as having been issued under section 10(1).

(3) On the issue of a duplicate permit, the original permit ceases to be valid.

(4) When making an application for a duplicate permit, the permit holder shall return the original permit to the Director if it is available to him.

(5) The Director may refuse to issue a duplicate permit to the permit holder if he does not return the original permit under subsection (4).

(6) Where the permit holder is not required to return the original permit under subsection (4) because it is not available to him at the time of making the application, if—

(a) the original permit becomes available to him at any time after the application is made; and

(b) the application has not been withdrawn by him or refused by the Director,

the permit holder shall, as soon as practicable after the original permit becomes available to him, report this fact to the Director and shall take all reasonable steps to obtain possession of the permit and return it as soon as practicable to the Director.

40. Provision of false or inaccurate information, etc.

(1) A person commits an offence if he, in purported compliance with a requirement imposed under this Ordinance to produce any document or provide any information—

(a) produces any document or provides any information that he knows to be misleading, false or inaccurate in a material particular;

(b) recklessly produces any document or provides any information that is misleading, false or inaccurate in a material particular; or

(c) produces any document or provides any information that he has no reasonable ground to believe to be true or accurate.

(2) A person commits an offence if he, when required to produce any document or provide any information in respect of any matter to an authorized officer in the exercise of his powers under this Ordinance, withholds the document or information.

(3) A person who commits an offence under subsection (1) or (2) is liable on conviction to a fine at level 3 and to imprisonment for 6 months.

(4) Notwithstanding anything in the Magistrates Ordinance (Cap. 227), proceedings in respect of an offence alleged to have been committed against this section may be brought within any of the following periods which expires earlier—

(a) 2 years after the alleged commission of the offence; or

(b) 6 months after the first discovery of the alleged commission of the offence by the Director.

41. Liability of employers

(1) Any act done or omission made by a person in the course of his employment (the “employee”) is treated for the purposes of this Ordinance as done or made by his employer, as well as by him.

(2) In any proceedings for an offence under this Ordinance brought against an employer in respect of an act or omission of his employee, the employer is liable to be convicted of and be punished for that offence unless he establishes the defence described in subsection (3).

(3) Where any proceedings are brought against an employer by virtue of this section, it is a defence for the employer to prove that—

(a) the act was done or the omission was made without his knowledge or consent; and

(b) he exercised all reasonable diligence to prevent the employee from doing the act or making the omission, or doing an act or making an omission of that description, in the course of his employment.

42. Appeals to Administrative Appeals Board

A person aggrieved by a decision of the Director relating to—

(a) the refusal of an application for the issue or renewal of a permit under section 10;

(b) the variation of the conditions of a permit under section 13 by the Director on his own initiative;

(c) the refusal of an application for the variation of the conditions of a permit under section 13;

(d) the cancellation of a permit under section 19;

(e) the refusal of an application for the variation of the directions given by the Director under section 23; or

(f) the suspension of a permit under section 27,

may appeal to the Administrative Appeals Board against that decision.

43. Admissibility of documents, etc.

A document purporting to be a document given or issued by the Secretary or the Director and purporting to be signed by him or a public officer authorized by him in that behalf is admissible in evidence in any proceedings without further proof and, in the absence of evidence to the contrary—

(a) is to be regarded as a document given or issued by the Secretary or the Director (as the case may be) and as so signed; and

(b) is evidence of the facts stated in it.

44. Service of notices, etc.

A notice or other document (however described) required or permitted to be served or sent (however described) under this Ordinance is to be regarded as having been duly served or sent if—

(a) in the case of the Director—

(i) it is addressed to the Director and delivered to him at his principal office; or

(ii) it is sent to him by registered post addressed to him at his principal office;

(b) in the case of an individual—

(i) it is addressed to the individual and delivered to him by personal service; or

(ii) it is sent to the individual by registered post addressed to the individual at the individual’s last known address; or

(c) in the case of a body corporate—

(i) it is addressed to the body corporation, delivered to any place in Hong Kong at which the body carries on business and given to a person apparently concerned in the management of, or apparently employed by, the body; or

(ii) it is sent to the body by registered post addressed to the body at the body’s last known address.

45. Power of Secretary to make regulations—General

(1) The Secretary may make regulations for the better carrying out of the provisions of this Ordinance.

(2) Without affecting the generality of subsection (1), the Secretary may by regulation—

(a) provide for—

(i) applications for the issue or renewal of permits, including the information, particulars and documents to be supplied in respect of such applications and the period within which such applications are to be made;

(ii) applications for the variation of the conditions of permits, including the information, particulars and documents to be supplied in respect of such applications and the period within which such applications are to be made;

(iii) applications for the variation of the directions of the Director regarding the disposal of scheduled chemicals, including the information, particulars and documents to be supplied in respect of such applications and the period within which such applications are to be made; and

(iv) applications for duplicates of permits, including the information, particulars and documents to be supplied in respect of such applications and the period within which such applications are to be made;

(b) provide for the imposition of requirements by the Director in relation to the applications referred to in paragraph (a);

(c) provide for the duration of permits;

(d) require fees to be paid in respect of the applications referred to in paragraph (a) and any other matter provided for in this Ordinance;

(e) prescribe anything which is to be or may be prescribed under any regulation made under this section; and

(f) provide for incidental, consequential and transitional provisions that are necessary or expedient in consequence of the regulations.

(3) A regulation made under this section may—

(a) make different provisions for—

(i) different classes, kinds or descriptions of chemicals; and

(ii) different purposes, circumstances or cases; and

(b) provide that a contravention of the regulation shall be an offence and may, in respect of the offence, provide for a penalty of a fine not exceeding level 3 and imprisonment for 1 year.

46. Power of Secretary to make regulations—Fees

(1) The Secretary may by regulation prescribe the fees payable under this Ordinance.

(2) Without affecting the generality of section 29 of the Interpretation of General Clauses Ordinance (Cap. 1), a regulation made under subsection (1) may make different provisions for—

(a) different classes, kinds or descriptions of chemicals; and

(b) different purposes, circumstances or cases.

47. Exemptions

(1) The Secretary may, in any particular case, exempt in writing any person or chemical, or any class of persons or chemicals, from any provision of this Ordinance.

(2) An exemption under this section may be granted subject to such conditions as the Secretary considers appropriate.

48. Delegation

(1) The Secretary may in writing delegate any of his functions under section 47 to a public officer.

(2) The Director may in writing delegate any of his functions under this Ordinance, other than the functions under this subsection and section 38, to a public officer.

(3) In this section, “functions” (職能) includes powers and duties.

49. Power of Director to specify forms

The Director may specify any form to be used for the purposes of any matter provided for under this Ordinance.

50. Power of Secretary to amend Schedules

(1) The Secretary may by order published in the Gazette—

(a) add any Convention-regulated chemical, including its CAS registry number or other description, to Part 1 of Schedule 1 or 2;

(b) remove any specified chemical, including its CAS registry number or other description, from Part 1 of Schedule 1 or 2;

(c) make any amendment to Part 2 of Schedule 1 or 2 that only relates to a Convention-regulated chemical or the removal of a specified chemical; and

(d) make any amendment to Schedule 1 or 2 that is consequential, incidental or related to the addition, removal or amendment made under paragraph (a), (b) or (c).

(2) Subject to subsection (3), the Secretary may by order published in the Gazette make any other amendment to Schedule 1 or 2.

(3) An order made under subsection (2) is subject to the approval of the Legislative Council.

(4) An order made under subsection (2) may, where the Secretary considers desirable, include any matters that may be included in an order made under subsection (1).

(5) For the purposes of subsection (1)—

(a) a chemical is a Convention-regulated chemical if the chemical is subject to the regulation of the Rotterdam Convention or the Stockholm Convention on the relevant day; and

(b) a chemical is a specified chemical if, at some time before the relevant day, the chemical has been subject to the regulation of the Rotterdam Convention or the Stockholm Convention but is no longer subject to such regulation on that day.

(6) In subsection (5), “relevant day” (有關日期) means the day on which the Secretary makes the order under subsection (1)(a) or (b) in respect of the chemical concerned.

51. Protection of public officers

(1) A public officer is not personally liable for any civil liability or claim whatever in respect of any act done or omitted to be done by the officer if the officer did or omitted to do the act in the honest belief that the act or omission was required or authorized by or under this Ordinance.

(2) The protection conferred by subsection (1) does not in any way affect the liability of the Government for the act or omission of the public officer.

52. Related amendments

The enactment specified in Schedule 3 is amended as set out in that Schedule.

PART 1
Type 1 Chemicals

Item	Chemical	CAS registry number
1.	Hexachlorobenzene (HCB)	118-74-1
2.	Polychlorinated biphenyls (PCB)	1336-36-3

PART 2
Extent to which Part 2 of Ordinance does not Apply to Type 1 Chemicals

1. Interpretation of this Part

In this Part, “manufactured product” (製成品) means a product that, during its manufacture, is formed into a specific physical shape or design and has an end use function wholly or partly dependent on its shape or design.

2. Limitations on application of sections 7(1), 8(1) and 9(1) of Ordinance to Type 1 chemicals other than polychlorinated biphenyls

Sections 7(1), 8(1) and 9(1) of this Ordinance do not apply to a Type 1 chemical that is not polychlorinated biphenyls if the chemical is a constituent element of a manufactured product.

3. Limitations on application of sections 7(1), 8(1) and 9(1) of Ordinance to polychlorinated biphenyls

Sections 7(1), 8(1) and 9(1) of this Ordinance do not apply to a Type 1 chemical that is polychlorinated biphenyls if—

(a) the chemical is a constituent element of a manufactured product; and

(b) the concentration of the chemical does not exceed 0.005 per cent (or 50 ppm) and its volume does not exceed 0.05 litre.

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PART 2
Type 1 Chemicals

Item	Chemical	CAS registry number
1.	Asbestos:
	(a) actinolite	77536-66-4
	(b) anthophyllite	77536-67-5
	(c) amosite	12172-73-5
	(d) crocidolite	12001-28-4
	(e) tremolite	77536-68-6
2.	Polybrominated biphenyls (PBB):
	(a) hexabromobiphenyl	36355-01-8
	(b) octabromobiphenyl	27858-07-7
	(c) decabromobiphenyl	13654-09-6
3.	Polychlorinated terphenyls (PCT)	61788-33-8
4.	Tetraethyl lead	78-00-2
5.	Tetramethyl lead	75-74-1
6.	Tris (2,3-dibromopropyl) phosphate	126-72-7

PART 2
Extent to which Part 2 of Ordinance does not Apply to Type 2 Chemicals

1. Interpretation of this Part

In this Part—

“article in transit” (過境物品) has the meaning assigned to it in section 2 of the Import and Export Ordinance (Cap. 60);

“manufactured product” (製成品) means a product that, during its manufacture, is formed into a specific physical shape or design and has an end use function wholly or partly dependent on its shape or design.

2. Limitations on application of sections 6(1), 7(1), 8(1) and 9(1) of Ordinance to Type 2 chemicals

(1) Sections 6(1), 7(1), 8(1) and 9(1) of this Ordinance do not apply to a Type 2 chemical if the chemical is, or is a part of, any of the following things—

(a) any food as defined in section 2(1) of the Public Health and Municipal Services Ordinance (Cap. 132);

(b) any additive as defined in regulation 2(1) of the Food and Drugs (Composition and Labelling) Regulations (Cap. 132 sub. leg. W);

(c) any pharmaceutical product as defined in section 2(1) of the Pharmacy and Poisons Ordinance (Cap. 138);

(d) any radioactive substance as defined in section 2 of the Radiation Ordinance (Cap. 303);

(e) any waste as defined in section 2(1) of the Waste Disposal Ordinance (Cap. 354);

(f) any chemical weapons as defined in section 2(1) of the Chemical Weapons (Convention) Ordinance (Cap. 578);

(g) any thing listed in Schedules I or II of the Single Convention on Narcotic Drugs, 1961 which was adopted on 30 March 1961, as amended by the 1972 Protocol Amending the Single Convention on Narcotic Drugs, 1961 which was adopted on 24 March 1972; or

(h) any thing listed in the Convention on Psychotropic Substances, 1971 which was adopted on 21 February 1971.

(2) Sections 7(1), 8(1) and 9(1) of this Ordinance do not apply to a Type 2 chemical if the chemical is a constituent element of a manufactured product.

(3) Sections 7(1) and 8(1) of this Ordinance do not apply to a Type 2 chemical if the chemical is, or is a part of, an article in transit.

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Related Amendments

1. First Schedule amended

The First Schedule to the Import and Export (General) Regulations (Cap. 60 sub. leg. A) is amended, in Part I, by adding—

“9. Any chemical to which section 8 of the Hazardous Chemicals Control Ordinance (19 of 2007) applies under section 3 of that Ordinance.

10. Any article that has as its part any chemical to which section 8 of the Hazardous Chemicals Control Ordinance (19 of 2007) applies under section 3 of that Ordinance.”.

2. Second Schedule amended

The Second Schedule is amended, in Part I, by adding—

“7.	Any chemical to which section 7 of the Hazardous Chemicals Control Ordinance (19 of 2007) applies under section 3 of that Ordinance.	All places outside Hong Kong.
8.	Any article that has as its part any chemical to which section 7 of the Hazardous Chemicals Control Ordinance (19 of 2007) applies under section 3 of that Ordinance.	All places outside Hong Kong.”.