Page:Hazardous Chemicals Control Ordinance (Cap. 595).pdf/7

“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.