Control Of Chemicals Ordinance


Published: 1997-06-30

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Cap 145 - CONTROL OF CHEMICALS ORDINANCE 1

Chapter: 145 CONTROL OF CHEMICALS ORDINANCE Gazette Number Version Date

Long title 30/06/1997


To control chemicals related to the manufacture of narcotic drugs or psychotropic substances.
(Amended 64 of 1994 s. 2)


[1 September 1975] L.N. 209 of 1975


(Originally 9 of 1975)

Part: I SHORT TITLE AND INTERPRETATION 30/06/1997




Section: 1 Short title 30/06/1997


This Ordinance may be cited as the Control of Chemicals Ordinance.
(Amended 64 of 1994 s. 3)


Section: 2 Interpretation 14 of 2002 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 14 of 2002 s. 3


(1) In this Ordinance, unless the context otherwise requires-
"acetylating substance" (乙酰化物) means any substance specified in Schedule 1; (Amended 64 of 1994 s. 4)
"Commissioner" (關長) means the Commissioner of Customs and Excise and any Deputy or Assistant Commissioner

of Customs and Excise; (Added L.N. 294 of 1982. Amended 14 of 2002 s. 3)
"container" (容器) means-

(a) any receptacle or thing whatever containing or enclosing any quantity of any controlled chemical;
(Amended 64 of 1994 s. 4)

(b) any receptacle or thing whatever containing or enclosing any container or containers referred to in
paragraph (a);

(c) any receptacle or thing whatever containing or enclosing for keeping or storing or for transporting by
sea, air or land, in whatever number or size, any containers referred to in paragraph (a) or (b);

"controlled chemical" (受管制化學品) means any substance specified in Schedule 1, 2 or 3; (Added 64 of 1994 s. 4)
"dangerous drug" (危險藥物) means a dangerous drug as defined in section 2 of the Dangerous Drugs Ordinance

(Cap 134); (Added 64 of 1994 s. 4)
"licence" (牌照) means a licence issued by the Commissioner under this Ordinance; (Amended L.N. 294 of 1982)
"manufacture" (製造), in relation to a substance specified in Schedule 1, 2 or 3, includes carrying on any process in

the manufacture of that substance; (Replaced 64 of 1994 s. 4)
"member of the Customs and Excise Service" (香港海關人員) means any person holding an office specified in

Schedule 1 to the Customs and Excise Service Ordinance (Cap 342); (Amended 46 of 1977 s. 18; 64 of 1994 s.
4; 68 of 1995 s. 2)

"permit" (許可證) means a permit issued by the Commissioner under this Ordinance.
(Amended L.N. 294 of 1982)

(2) For the purposes of this Ordinance a person-
(a) exports a controlled chemical if, not being a controlled chemical in transit, he takes it or causes it to be

taken out of Hong Kong;
(b) imports a controlled chemical if, not being a controlled chemical in transit, he brings it or causes it to

be brought into Hong Kong. (Amended 64 of 1994 s. 4)
(3) For the purposes of this Ordinance a controlled chemical is in transit if, but only if- (Amended 64 of 1994



Cap 145 - CONTROL OF CHEMICALS ORDINANCE 2

s. 4)
(a) it has been brought into Hong Kong for the sole purpose of being taken out of Hong Kong; and
(b) at all times whilst it is in Hong Kong it remains-

(i) in or on the vessel or aircraft in or on which it arrived in Hong Kong; and (Amended 41 of 1996
s. 2)

(ii) in the container in which it arrived in Hong Kong.
(4) For the purposes of this Ordinance a controlled chemical is in transhipment if it- (Amended 64 of 1994 s.

4)
(a) is brought into Hong Kong for the sole purpose of being taken out of Hong Kong; and
(b) is removed from the vessel, aircraft or vehicle in or on which it arrived in Hong Kong pending its

being taken out of Hong Kong in another vessel, aircraft or vehicle.

Part: IA CONTROL OF POSSESSION, MANUFACTURE,

TRANSPORT, DISTRIBUTION, IMPORT, EXPORT,
ETC. OF CONTROLLED CHEMICALS

30/06/1997



(Part IA added 64 of 1994 s. 5)

Section: 2A Substances useful for manufacture of dangerous drugs 30/06/1997


(1) No person shall have in his possession, manufacture, transport or distribute any substance specified in
Schedule 2 or 3, knowing or having reasonable grounds for believing that it is to be used in or for the unlawful
production of a dangerous drug.

(2) It shall not be a defence to a person who contravenes subsection (1) in respect of any substance specified in
Schedule 2 or 3 to show that the substance is the subject of a licence, permit or any other form of authorization issued
or granted under any Ordinance.

(Added 64 of 1994 s. 5)

Part: II CONTROL OF IMPORT, EXPORT, PROCURING,

SUPPLY, DEALING IN OR WITH, MANUFACTURE
AND POSSESSION OF ACETYLATING SUBSTANCES

30/06/1997





Section: 3 Import and export of substance specified in Schedule 1 or
2

30/06/1997



Save under and in accordance with a licence, no person shall, on his own behalf or on behalf of any other
person-

(a) import into or cause to be imported into Hong Kong;
(b) export from or cause to be exported from Hong Kong; or
(c) do any act preparatory to or for the purposes of importing or exporting,

any substance specified in Schedule 1 or 2, whether or not the same is ascertained or appropriated or in existence.
(Amended 64 of 1994 s. 6)


Section: 3A Export of substance specified in Schedule 3 30/06/1997


Save under and in accordance with a licence, no person shall, on his own behalf or on behalf of any other person,
export from or cause to be exported from Hong Kong, or do any act preparatory to or for the purposes of exporting,
any substance specified in Schedule 3 to any country specified in the same Schedule in respect of that substance,
whether or not the same is ascertained or appropriated or in existence.

(Added 64 of 1994 s. 7)




Cap 145 - CONTROL OF CHEMICALS ORDINANCE 3

Section: 4 Supplying or dealing in or with acetylating substance 30/06/1997


(1) Save under and in accordance with a licence, no person shall, on his own behalf or on behalf of any other
person, whether or not such other person is in Hong Kong-

(a) supply or procure or offer to supply or procure;
(b) in any way deal in or with or purport to deal in or with,

any acetylating substance, whether or not the same is in Hong Kong or is ascertained or appropriated or in existence.
(2) No person shall supply or procure or offer to supply or procure, any acetylating substance to or for any

person in Hong Kong unless-
(a) the latter person holds a licence to possess that acetylating substance; and
(b) the acetylating substance is to be supplied or procured in accordance with the conditions of the licence.


Section: 5 Manufacture of substance specified in Schedule 1 or 2 30/06/1997


Save under and in accordance with a licence and on premises specified in such licence, no person shall
manufacture any substance specified in Schedule 1 or 2 or do any act preparatory to or for the purpose of such
manufacture.

(Amended 64 of 1994 s. 8)

Section: 6 Possession of acetylating substance 30/06/1997


Save under and in accordance with a licence, no person shall have in his possession any acetylating substance
unless the same is in transit.

Section: 7 Substance specified in Schedule 1 or 2 in transhipment 30/06/1997


(1) Save under and in accordance with a removal permit issued by the Commissioner, no person shall-
(a) remove any substance specified in Schedule 1 or 2 which is in transhipment from the vessel, aircraft or

vehicle in or on which it was imported into Hong Kong; or
(b) in any way move any substance specified in Schedule 1 or 2 within Hong Kong after its removal from

the ,vessel, aircraft or vehicle in or on which it was imported into Hong Kong.
(2) Except on the instructions in writing of the Commissioner, no person shall wilfully open or break any

container containing a substance specified in Schedule 1 or 2 which is in transit or in transhipment.
(Amended L.N. 294 of 1982; 64 of 1994 s. 9)


Section: 8 Conditions and form of licence or permit 30/06/1997


(1) A licence or permit shall-
(a) be subject to such conditions; and
(b) be in such form,

as the Commissioner may specify.
(2) A licence or permit shall be valid for the period stated in the licence or permit.
(3) The Commissioner may at any time alter the particulars of a licence or permit or cancel or vary any

conditions or specify new conditions.
(4) Where the Commissioner-

(a) alters any of the particulars of a licence or permit; or
(b) cancels or varies the conditions of a licence or permit or imposes new conditions,

he shall notify the holder of the licence or permit who shall forthwith surrender his licence or permit to the
Commissioner.

(5) Where the holder of a licence or permit surrenders his licence or permit to the Commissioner under
subsection (4), the Commissioner shall issue him with a new licence or permit.

(Amended L.N. 294 of 1982)




Cap 145 - CONTROL OF CHEMICALS ORDINANCE 4

Section: 9 Cancellation or suspension of licence or permit 30/06/1997


(1) The Commissioner may at any time cancel or suspend a licence or permit-
(a) at the request of the holder of the licence or permit;
(b) if any condition of the licence or permit is contravened;
(c) if the holder of the licence or permit or a person employed by him commits an offence under this

Ordinance;
(d) if the Commissioner is satisfied that the licence was issued by him as a result of a false

misrepresentation of any fact or other unlawful act of the applicant; or
(e) if the Commissioner is of opinion that it is for any reason in the public interest to cancel or suspend the

licence or permit and the holder of the licence or permit, having been required to do so in writing by
the Commissioner, has failed within 1 month to show good cause why the licence or permit should not
be cancelled or suspended.

(2) The Commissioner may cancel a licence or permit on the death of the holder of the licence or permit.
(3) Where the Commissioner cancels or suspends a licence or permit under subsection (1), he shall forthwith

notify the holder of the licence or permit and shall state the reason therefor.
(4) Where the Commissioner has notified the holder of a licence or permit under subsection (3) of the

cancellation or suspension of his licence or permit, the holder of the licence or permit shall forthwith surrender the
licence or permit to the Commissioner.

(5) Where a licence or permit which has been suspended is surrendered, the Commissioner shall on the
termination of the period of suspension reissue the licence or permit to the holder of the licence or permit.

(Amended L.N. 294 of 1982)

Part: III EVIDENCE, SEARCH, SEIZURE, AND FORFEITURE 30/06/1997




Section: 10 Presumption of possession and knowledge of nature of a
controlled chemical

30/06/1997



(1) Any person who is proved to have had in his physical possession-
(a) any thing containing a controlled chemical;
(b) the keys of any baggage, briefcase, box, case, cupboard, drawer, safe-deposit box, safe or other similar

container containing a controlled chemical;
(c) (Repealed 64 of 1994 s. 10)

shall, until the contrary is proved, be presumed to have had the controlled chemical in his possession.
(2) Any person who is proved or presumed to have had a controlled chemical in his possession shall, until the

contrary is proved, be presumed to have known the nature of the controlled chemical.
(3) The presumption provided for in this section shall not be rebutted by proof that the defendant never had

physical possession of the controlled chemical.
(Replaced 53 of 1992 s. 2. Amended 64 of 1994 s. 10)


Section: 11 (Repealed 53 of 1992 s. 3) 30/06/1997




Section: 12 Powers of search and seizure 30/06/1997


(1) For the purposes of this Ordinance any police officer or any member of the Customs and Excise Service
may- (Amended 46 of 1977 s. 18)

(a) stop, board and search any vessel (other than a ship of war), aircraft (other than a military aircraft) or
vehicle which has arrived in Hong Kong and remain thereon as long as it remains in Hong Kong;

(b) stop, board and search any vessel (other than a ship of war), aircraft (other than a military aircraft) or
vehicle if he has reason to suspect that there is therein an article liable to seizure;

(c) subject to subsection (6), enter and search any place or premises if he has reason to suspect that there is
therein an article liable to seizure;



Cap 145 - CONTROL OF CHEMICALS ORDINANCE 5

(d) stop and search any person, and search the property of any person if-
(i) he has reason to suspect that such person has in his actual custody an article liable to seizure;
(ii) such person is found in any vessel, aircraft, vehicle, place or premises in which an article liable

to seizure is found.
(2) Any public officer may seize, remove and detain anything if he has reason to suspect that such thing is an

article liable to seizure.
(3) For the purposes of this Ordinance and subject to subsection (6), any public officer authorized in writing by

the Commissioner may- (Amended L.N. 294 of 1982)
(a) enter, inspect and search any place or premises occupied by a person to whom a licence or permit has

been issued under this Ordinance;
(b) require the production of any register, record, book or other document relating to dealings in a

controlled chemical; (Amended 64 of 1994 s. 11)
(c) inspect any such register, record, book or other document;
(d) inspect any stocks of a controlled chemical in the possession of such person. (Amended 64 of 1994 s.

11)
(4) Any public officer may-

(a) break open any outer or inner door of or in any place or premises which he is empowered by this
section to enter and search;

(b) forcibly board any vessel, aircraft or vehicle which he is empowered by this section to board and
search;

(c) remove by force any person or thing who or which obstructs any entry, search, inspection, seizure,
removal or detention which he is empowered by this section to make;

(d) detain any person found in any place or premises which he is empowered by this section to search, and
prevent any person from approaching or boarding such vessel, aircraft or vehicle until it has been
searched.

(5) No person shall be searched under this section except by a person of the same sex and no person shall be
searched under this section in a public place if he objects to being so searched. (Amended 67 of 1995 s. 91(2))

(6) No domestic premises shall be entered and searched under this section unless a member of the Customs and
Excise Service of or above the rank of Inspector or a police officer of or above the rank of Inspector is present.
(Amended 46 of 1977 s. 18; 68 of 1995 s. 2)

(7) In this section, "article liable to seizure" (可予檢取的物品) means-
(a) controlled chemical referred to in section 13; (Amended 64 of 1994 s. 11)
(b) any money or thing which is liable to forfeiture under this Ordinance; and
(c) anything which is or contains evidence of an offence under this Ordinance.


Section: 13 Forfeiture of controlled chemical 15 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 15 of 1999 s. 3


Any controlled chemical in respect of which an offence under this Ordinance is being or has been committed
shall, with effect from the seizure thereof under section 12, be forfeited to the Government.

(Amended 64 of 1994 s. 12; 15 of 1999 s. 3)

Section: 14 Forfeiture of articles, etc. used in connection with offence 15 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 15 of 1999 s. 3


(1) A court may (whether or not any person has been convicted of such offence) order to be forfeited to the
Government-

(a) any money or thing (other than premises, a ship exceeding 250 gross tons, an aircraft or a train) which
has been used in the commission of or in connection with an offence under this Ordinance; and

(b) any money or other property received or possessed by any person as the result or product of an offence



Cap 145 - CONTROL OF CHEMICALS ORDINANCE 6

under this Ordinance.
(2) An order under subsection (1) for the forfeiture of a thing may include a term permitting a specified person

or persons to redeem such thing on such conditions, including conditions as to the payment of the value or a
proportion of the value thereof to the Government, as the court may think fit.

(3) The court may require that notice of an application for forfeiture under subsection (1) shall be given in such
manner as it thinks fit.

(4) The Chief Executive in Council may, in his absolute discretion and after any proceedings under this
Ordinance are concluded, entertain and give effect to any moral claim to or in respect of any money, thing or other
property which has been forfeited to the Government.

(Amended 15 of 1999 s. 3)

Part: IV MISCELLANEOUS 30/06/1997




Section: 15 Offences and penalties 30/06/1997


(1) Any person who contravenes any of the provisions of section 2A, 3, 3A, 4, 5, 6 or 7 shall be guilty of an
offence and shall be liable- (Amended 64 of 1994 s. 13)

(a) on conviction on indictment, to a fine of $1000000 and to imprisonment for 15 years; and
(b) on summary conviction to a fine of $500000 and to imprisonment for 3 years.

(2) Any person who, being the holder of a licence or permit or being the person to whom a licence or permit
has been issued, fails to surrender his licence or permit when required under section 8(4) or 9(4) shall be guilty of an
offence and shall be liable on conviction to a fine of $10000 and to imprisonment for 1 year. (Amended L.N. 189 of
1975)

(3) Any person who-
(a) fails to comply with a requirement of a public officer under section 12(3)(b); or
(b) obstructs a public officer in the exercise of any power conferred on him under section 12,

shall be guilty of an offence and shall be liable on conviction to a fine of $5000 and to imprisonment for 6 months.
(4) Any person who-

(a) for the purpose of obtaining, whether for himself or for any other person, the issue or renewal of a
licence or permit, makes any declaration or statement which is false in a material particular; or

(b) knowingly utters, produces or makes use of any such declaration or statement or a document
containing any such declaration or statement,

shall be guilty of an offence and shall be liable on conviction to a fine of $10000 and to imprisonment for 3 years.

Section: 16 Regulations 15 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 15 of 1999 s. 3


(1) The Chief Executive in Council may make regulations for all or any of the following matters- (Amended
15 of 1999 s. 3)

(a) the issue of licences and permits for the purposes of this Ordinance;
(b) the records to be kept, returns to be made and information and particulars to be given by a person

holding a licence or permit;
(c) fees and charges;
(d) (i) the storage of controlled chemicals;

(ii) the registration of premises in connection with the importing, exporting, manufacturing,
processing, storage, distribution, sale or other dealing in controlled chemicals; and

(iii) the cancellation, revocation and suspension of any such registration; (Amended 64 of 1994 s. 14)
(e) the material, colour and markings of packages, bottles and other containers for controlled chemicals;

(Amended 64 of 1994 s. 14)
(f) generally for the better carrying out of the provisions and purposes of this Ordinance.

(2) Regulations under this section may provide that a contravention of any such regulations shall be an offence
and shall be punishable on conviction by a fine not exceeding $100000 and imprisonment for a term not exceeding 2



Cap 145 - CONTROL OF CHEMICALS ORDINANCE 7

years. (Amended 44 of 1975 s. 2)

Section: 17 Protection of informers 30/06/1997


(1) Save as provided in subsection (2)-
(a) no information for an offence under this Ordinance shall be admitted in evidence in any civil or

criminal proceeding; and
(b) no witness in any civil or criminal proceedings shall be obliged-

(i) to disclose the name or address of any informer who has given information to the Customs and
Excise Service or police with respect to an offence under this Ordinance or of any person who
has assisted the police in any way with respect to such an offence; or (Amended 46 of 1977 s.
18)

(ii) to answer any question if the answer thereto would lead, or could tend to lead, to discovery of the
name or address of such informer or person,

if, in either case, such informer or person is not himself a witness in such proceeding, and, if any
books, documents or papers which are in evidence or liable to inspection in any civil or criminal
proceedings contain an entry in which any such informer or person is named or described or which
might lead to his discovery, the court shall cause all such passages to be concealed from view or to be
obliterated so far as may be necessary to protect the informer or such other person from discovery.

(2) If in any proceedings before a court for an offence under this Ordinance the court, after full inquiry into the
case, is satisfied that an informer wilfully made a material statement which he knew or believed to be false or did not
believe to be true, or if in any other proceeding a court is of opinion that justice cannot be fully done between the
parties thereto without disclosure of the name of the informer or a person who has assisted the Preventive Service or
police, the court may permit inquiry and require full disclosure concerning the informer or such person. (Amended 46
of 1977 s. 18)

Section: 18 Appeals 30/06/1997


(1) Any person aggrieved by a decision of the Commissioner relating to-
(a) the issue of a licence or permit;
(b) the refusal to issue a licence or permit;
(c) the cancellation or suspension of a licence or permit;
(d) the cancellation or variation of any condition or the specification of a new condition in any licence or

permit,
may, within 28 days from the date when he was informed of the decision, appeal to the Administrative Appeals Board.

(2) A decision that is appealed against under subsection (1)(a), (c) or (d) shall be suspended in its operation as
from the day on which the appeal is made until such appeal is disposed of, withdrawn or abandoned unless such
suspension would, in the opinion of the Commissioner, be contrary to the public interest and the notice of the decision
contains a statement to that effect.

(Replaced 6 of 1994 s. 43)

Section: 18A Power to amend Schedules 15 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 15 of 1999 s. 3


(1) The Secretary for Security may by order amend Schedules 1 and 2.
(2) The Chief Executive in Council may by order amend Schedule 3. (Amended 15 of 1999 s. 3)

(Added 64 of 1994 s. 15)

Section: 19 Saving 30/06/1997


Nothing in this Ordinance shall be taken as affecting the application to any controlled chemical of any of the
provisions of the Dangerous Goods Ordinance (Cap 295) and Pharmacy and Poisons Ordinance (Cap 138) which may



Cap 145 - CONTROL OF CHEMICALS ORDINANCE 8

be applicable thereto.
(Amended 64 of 1994 s. 16)


Schedule: 1 30/06/1997


[sections 2, 3, 5,
7 & 18A]


Item Substance

1. Acetic anhydride (乙酸酐) (*)
2. Acetyl chloride (乙酰氯) (*)
3. Acetyl bromide (乙酰溴) (*)


(*) Including the salts of these substances whenever the existence of such salts is possible.

(Replaced L.N. 53 of 1997)

Schedule: 2 L.N. 108 of 2014 28/11/2014


[sections 2, 2A, 3,
5, 7 & 18A]


Item Substance


1. Ephedrine (麻黃碱) (*)
2. Ergotamine (麥角胺) (*)
3. Ergometrine (麥角新碱) (*)
4. Pseudoephedrine (假麻黃碱) (*)
5. Lysergic Acid (麥角酸) (*)
6. 1-phenyl-2-propanone (1-苯基-2-丙酮) (*)
7. N-Acetylanthranilic acid (N-乙酰鄰氨苯甲酸) (*)
8. 3, 4-Methylenedioxy-phenyl-2-propanone (3, 4-亞甲二氧-苯基-2-丙酮) (*)
9. Safrole (黃樟素) (*)

10. Isosafrole (異黃樟素) (*)
11. Piperonal (胡椒醛) (*)
12. Anthranilic Acid (鄰氨苯甲酸) (*)
13. Phenylacetic Acid (苯乙酸) (*)
14. Piperidine (派啶) (*)
15. Potassium permanganate (高錳酸鉀) (*) (Added L.N. 144 of 1999)
16. Norephedrine (苯丙醇胺) (*) (Added L.N. 165 of 2000)
17. 1-[(2-Chlorophenyl)-N-(methylimino)methyl] cyclopentanol (1-羥基環戊基-2-氯苯基-N-甲基亞胺基酮)

(*) (Added L.N. 8 of 2011)
18. Alpha-phenylacetoacetonitrile (α-苯乙酰乙腈) (*) (Added L.N. 108 of 2014)



(*) Including the salts of these substances whenever the existence of such salts is possible.

(Schedule 2 replaced L.N. 53 of 1997)

Schedule: 3 L.N. 138 of 1999 02/10/1999


[sections 2, 2A, 3A



Cap 145 - CONTROL OF CHEMICALS ORDINANCE 9

& 18A]


Item Substance Country of destination


1. Methyl ethyl ketone (MEK) (甲乙酮), toluene
(甲苯) and sulphuric acid (硫酸) (*) (Amended L.N. 138 of
1999)

Argentina
Bolivia
Brazil
Chile
Colombia
Ecuador
Guatemala
Mexico
Panama
Peru
Venezuela

2. Acetone (丙酮), ethyl ether (乙醚) and hydrochloric acid (鹽
酸) (*)

Afghanistan
Argentina
Bangladesh
Bolivia
Brazil
Cambodia
Chile
Colombia
Ecuador
Guatemala
India
Iran
Laos
Lebanon
Malaysia
Mexico
Myanmar
Nepal
Pakistan
Panama
Peru
Singapore
Sri Lanka
Thailand
Turkey
Venezuela
Vietnam

(*) Including the salts of these substances, except for sulphuric acid and hydrochloric acid, whenever the existence
of such salts is possible.

(Schedule 3 added 64 of 1994 s. 17)

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