Cap 595 - HAZARDOUS CHEMICALS CONTROL ORDINANCE 1
Chapter: 595 HAZARDOUS CHEMICALS CONTROL ORDINANCE Gazette Number Version Date
Long title L.N. 7 of 2008 01/04/2008
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.
[The Ordinance (except sections 6(2) and (3), 7(2)
and (3), 8(2) and (3), 9(2) and (3), 33, 34, 36
and 37)
}
}
1 April 2008 L.N. 7 of 2008
Sections 6(2) and (3), 7(2) and (3), 8(2) and (3), 9(2)
and (3), 33, 34, 36 and 37
} 1 July 2008 L.N. 7 of 2008]
(Originally 19 of 2007)
Part: 1 PRELIMINARY L.N. 7 of 2008 01/04/2008
Section: 1 Short title and commencement L.N. 7 of 2008 01/07/2008
(1) This Ordinance may be cited as the Hazardous Chemicals Control Ordinance.
(2) (Omitted as spent)
Section: 2 Interpretation L.N. 7 of 2008 01/04/2008
(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;
Cap 595 - HAZARDOUS CHEMICALS CONTROL ORDINANCE 2
“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.
Section: 3 Application of Ordinance L.N. 7 of 2008 01/04/2008
(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.
Section: 4 Ordinance binds Government L.N. 7 of 2008 01/04/2008
(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.
Cap 595 - HAZARDOUS CHEMICALS CONTROL ORDINANCE 3
Section: 5 Criteria under Rotterdam Convention or Stockholm
Convention be followed when determining whether certain
chemical is hazardous chemical
L.N. 7 of 2008 01/04/2008
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 L.N. 7 of 2008 01/04/2008
Section: 6 Restriction on manufacture of scheduled chemicals L.N. 7 of 2008 01/07/2008
(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.
Section: 7 Restriction on export of scheduled chemicals L.N. 7 of 2008 01/07/2008
(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.
Section: 8 Restriction on import of scheduled chemicals L.N. 7 of 2008 01/07/2008
(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.
Section: 9 Restriction on use of scheduled chemicals L.N. 7 of 2008 01/07/2008
(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
L.N. 7 of 2008 01/04/2008
Section: 10 Issue and renewal of permits, etc. L.N. 7 of 2008 01/04/2008
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—
Cap 595 - HAZARDOUS CHEMICALS CONTROL ORDINANCE 4
(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.
Section: 11 Power of Director to impose conditions on permits L.N. 7 of 2008 01/04/2008
(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.
Section: 12 Refusal of application for permits, etc. L.N. 7 of 2008 01/04/2008
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.
Section: 13 Power of Director to vary permit conditions L.N. 7 of 2008 01/04/2008
Variation of permit conditions, etc.
(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.
Cap 595 - HAZARDOUS CHEMICALS CONTROL ORDINANCE 5
Section: 14 Director to notify his decisions to vary or refuse to vary
permit conditions
L.N. 7 of 2008 01/04/2008
(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.
Section: 15 When Director’s decisions to vary permit conditions take
effect
L.N. 7 of 2008 01/04/2008
(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.
Section: 16 Return of permits to Director after variation of permit
conditions takes effect
L.N. 7 of 2008 01/04/2008
(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.
Section: 17 Director to issue permits with conditions varied L.N. 7 of 2008 01/04/2008
(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).
Section: 18 Offences regarding contravention of permit conditions L.N. 7 of 2008 01/04/2008
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 L.N. 7 of 2008 01/04/2008
Section: 19 Power of Director to cancel permits L.N. 7 of 2008 01/04/2008
Cancellation of 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
Cap 595 - HAZARDOUS CHEMICALS CONTROL ORDINANCE 6
(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.
Section: 20 When cancellation of permits takes effect L.N. 7 of 2008 01/04/2008
(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.
Section: 21 Return of permits to Director on cancellation of permits L.N. 7 of 2008 01/04/2008
(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.
Section: 22 Power of Director to give directions regarding disposal of
scheduled chemicals on cancellation of permits, etc.
L.N. 7 of 2008 01/04/2008
(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.
Section: 23 Power of Director to vary directions given under section 22 L.N. 7 of 2008 01/04/2008
(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.
Section: 24 Director to notify his decisions to vary or refuse to vary
directions
L.N. 7 of 2008 01/04/2008
(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.
Section: 25 When Director’s decisions to vary directions take effect L.N. 7 of 2008 01/04/2008
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.
Cap 595 - HAZARDOUS CHEMICALS CONTROL ORDINANCE 7
Section: 26 Offences regarding failing to comply with Director’s
directions in respect of disposal of scheduled chemicals
L.N. 7 of 2008 01/04/2008
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.
Section: 27 Power of Director to suspend permits L.N. 7 of 2008 01/04/2008
Suspension of 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.
Section: 28 When suspension of permits takes effect L.N. 7 of 2008 01/04/2008
(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.
Section: 29 Return of permits to Director on suspension of permits L.N. 7 of 2008 01/04/2008
(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.
Section: 30 Return of permits to permit holders after expiry of
suspension periods
L.N. 7 of 2008 01/04/2008
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.
Section: 31 Supplementary provisions regarding cancellation or
suspension of permits
L.N. 7 of 2008 01/04/2008
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
Cap 595 - HAZARDOUS CHEMICALS CONTROL ORDINANCE 8
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. L.N. 7 of 2008 01/04/2008
Section: 32 Power to enter non-domestic premises, etc. for routine
inspection
L.N. 7 of 2008 01/04/2008
(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);
Cap 595 - HAZARDOUS CHEMICALS CONTROL ORDINANCE 9
(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.
Section: 33 Power to enter any premises, etc. in other cases L.N. 7 of 2008 01/07/2008
(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.
Section: 34 Warrants to be obtained for exercising powers under
section 33
L.N. 7 of 2008 01/07/2008
(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.
Cap 595 - HAZARDOUS CHEMICALS CONTROL ORDINANCE 10
Section: 35 Production of proof of identity L.N. 7 of 2008 01/04/2008
Before or on exercising a power conferred by this Part, an authorized officer shall produce written evidence as to
his identity.
Section: 36 Search by same sex L.N. 7 of 2008 01/07/2008
A person may only be searched under section 33(1)(a) by another person of the same sex.
Section: 37 Forfeiture of things seized by authorized officers L.N. 7 of 2008 01/07/2008
(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 L.N. 7 of 2008 01/04/2008
Section: 38 Appointment of authorized officers L.N. 7 of 2008 01/04/2008
The Director may in writing appoint any public officer to be an authorized officer for the purposes of this
Ordinance.
Section: 39 Director’s power to issue duplicates of permits L.N. 7 of 2008 01/04/2008
(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,
Cap 595 - HAZARDOUS CHEMICALS CONTROL ORDINANCE 11
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.
Section: 40 Provision of false or inaccurate information, etc. L.N. 7 of 2008 01/04/2008
(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.
Section: 41 Liability of employers L.N. 7 of 2008 01/04/2008
(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.
Section: 42 Appeals to Administrative Appeals Board L.N. 7 of 2008 01/04/2008
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.
Section: 43 Admissibility of documents, etc. L.N. 7 of 2008 01/04/2008
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
Cap 595 - HAZARDOUS CHEMICALS CONTROL ORDINANCE 12
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.
Section: 44 Service of notices, etc. L.N. 7 of 2008 01/04/2008
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.
Section: 45 Power of Secretary to make regulations— General L.N. 7 of 2008 01/04/2008
(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,
Cap 595 - HAZARDOUS CHEMICALS CONTROL ORDINANCE 13
provide for a penalty of a fine not exceeding level 3 and imprisonment for 1 year.
Section: 46 Power of Secretary to make regulations— Fees L.N. 7 of 2008 01/04/2008
(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.
Section: 47 Exemptions L.N. 7 of 2008 01/04/2008
(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.
Section: 48 Delegation L.N. 7 of 2008 01/04/2008
(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.
Section: 49 Power of Director to specify forms L.N. 7 of 2008 01/04/2008
The Director may specify any form to be used for the purposes of any matter provided for under this Ordinance.
Section: 50 Power of Secretary to amend Schedules L.N. 7 of 2008 01/04/2008
(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.
Cap 595 - HAZARDOUS CHEMICALS CONTROL ORDINANCE 14
Section: 51 Protection of public officers L.N. 7 of 2008 01/04/2008
(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.
Section: 52 (Omitted as spent—E.R. 1 of 2015) E.R. 1 of 2015 29/01/2015
Schedule: 1 E.R. 1 of 2015 29/01/2015
[sections 2, 3 & 50]
Part 1
Type 1 Chemicals
Item
Chemical
CAS registry number
1. Hexabromobiphenyl (HBB)
36355-01-8
2. Hexabromodiphenyl ether (hexaBDE) and heptabromodiphenyl
ether (heptaBDE):
(a) 2,2’,4,4’,5,5’-hexabromodiphenyl ether (BDE-153) 68631-49-2
(b) 2,2’,4,4’,5,6’-hexabromodiphenyl ether (BDE-154) 207122-15-4
(c) 2,2’,3,3’,4,5’,6-heptabromodiphenyl ether (BDE-175) 446255-22-7
(d) 2,2’,3,4,4’,5’,6-heptabromodiphenyl ether (BDE-183) 207122-16-5
(e) other hexa- and heptabromodiphenyl ethers present in
commercial octabromodiphenyl ether
3. Hexachlorobenzene (HCB)
118-74-1
4. Pentachlorobenzene (PeCB)
608-93-5
5. Polychlorinated biphenyls (PCB)
1336-36-3
6. Tetrabromodiphenyl ether (tetraBDE) and pentabromodiphenyl
ether (pentaBDE):
(a) 2,2’,4,4’-tetrabromodiphenyl ether (BDE-47) 5436-43-1
(b) 2,2’,4,4’,5-pentabromodiphenyl ether (BDE-99) 60348-60-9
(c) other tetra- and pentabromodiphenyl ethers present in
commercial pentabromodiphenyl ether
(Amended L.N. 73 of 2014)
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.
Cap 595 - HAZARDOUS CHEMICALS CONTROL ORDINANCE 15
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.
(Format changes—E.R. 1 of 2015)
Schedule: 2 E.R. 1 of 2015 29/01/2015
[sections 2, 3 & 50]
Part 1
Type 2 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. Perfluorooctane sulfonic acid, its salts and perfluorooctane sulfonyl
fluoride:
(a) perfluorooctane sulfonic acid (PFOS) 1763-23-1
(b) salts of perfluorooctane sulfonic acid, for example:
(i) potassium perfluorooctane sulfonate 2795-39-3
(ii) lithium perfluorooctane sulfonate 29457-72-5
(iii) ammonium perfluorooctane sulfonate 29081-56-9
(iv) diethanolammonium perfluorooctane sulfonate 70225-14-8
(v) tetraethylammonium perfluorooctane sulfonate 56773-42-3
(vi) didecyldimethylammonium perfluorooctane sulfonate 251099-16-8
(c) perfluorooctane sulfonyl fluoride (PFOSF)
307-35-7
3. Polybrominated biphenyls (PBB):
(a) octabromobiphenyl 27858-07-7
(b) decabromobiphenyl
13654-09-6
4.
Polychlorinated terphenyls (PCT)
61788-33-8
5.
Tetraethyl lead
78-00-2
6. Tetramethyl lead
75-74-1
Cap 595 - HAZARDOUS CHEMICALS CONTROL ORDINANCE 16
7. Tris (2,3-dibromopropyl) phosphate 126-72-7
(Amended L.N. 73 of 2014)
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.
(Format changes—E.R. 1 of 2015)
Schedule: 3 (Omitted as spent—E.R. 1 of 2015) E.R. 1 of 2015 29/01/2015
