OZONE LAYER PROTECTION ORDINANCE

OZONE LAYER PROTECTION ORDINANCE

LAWS OF HONG KONG


OZONE LAYER PROTECTION ORDINANCE

CHAPTER 403






CHAPTER 403

OZONE LAYER PROTECTION ORDINANCE

ARRANGEMENT OF SECTIONS

Section.................................... Page
1. Short title ...........................4
2. Interpretation ........................4

3.......................Offence to manufacture scheduled substances ........... 6

4.......Ofrence to import or export scheduled substances without a licence 6
5..................................Registration 6
6................Licence to import or export scheduled substances 8
7....................Cancellation of registration or licence 10
8...............................Appeal to Governor 10

9.......................Appointment of authorized officers ........... 10

10.....................General powers of authorized officers 10
11.....................Special powers of authorized officers 12
12.............Ancillary powers of investigation of suspected offence 14
13......................Offences in relation to enforcement 14
14...................................Forfeiture 16
15..................................Prosecutions 16

16.......................Regulations ...................................................... 18
17..........................Governor may amend Schedule 18

Schedule. Scheduled substances.............................................................. 20





1989 Ed.] Ozone Layer Protections 3




CHAPTER 403

OZONE LAYER PROTECTION

To give effect to Hong Kong's international obligations under the 1985 Vienna
Convention for the Protection of the Ozone Layer and the 1987 Montreal
Protocol on Substances that Deplete the Ozone Layer; to provide for the
prohibition of the manufacture of, and to control the importation and
exportation of, substances that deplete the ozone layer and of products
containing or made with those substances; and to provide for related matters.

[The Ordinance (except Part 2 of the

Schedule) 1 July 1989 L.N. 204 of 1989
Part 2 of the Schedule (in respect of
section 3)
Part 2 of the Schedule (in respect of 1 January 19901 L.N. 399 of 1989
all sections except section 3)

Originally 24 of 1989

1. Short title

This Ordinance may be cited as the Ozone Layer Protection Ordinance.

2. Interpretation

In this Ordinance, unless the context otherwise requires

'aircraft' 'export' 'import' -vehicle-

ft) and 'vessel' have the same meanings as in the Import and
Export Ordinance (Cap. 60);

,,authorized officer' means an officer authorized under section 9;

'Director' means the Director of Environmental Protection;

'domestic premises' means a premises or place used exclusively for

residential purposes and constituting a separate household unit;

'licence' means a licence issued under this Ordinance;

',scheduled substance'

(a)means a substance listed in the Schedule, whether existing alone or in
a mixture; but





1989 Ed.] Ozone Layer Protection 5




-(b) in sections 4 and 6 does not include a substance listed in the
Schedule that is-
(i) in a manufactured product (other than one used solely for
the transportation or storage of the substance) and the
substance is used in the operation of the product or the mere
dispensing of the contents of the product constitutes the
intended use of the substance; or
(ii) part of a manufactured product solely because the substance
was used in the process of manufacturing the product.

3. Offence to manufacture scheduled substances

(1) A person who manufactures a scheduled substance commits an
offence and is liable to-
(a) a fine of $1,000,000 and imprisonment for 2 years; and
(b) a fine of $100,000 for each day on which the offence continues.
(2) Subsection (1) does not apply where the scheduled substance is
manufactured solely for the purpose of research or academic instruction and
the person manufactures no more than 1 kg of the substance in any 12 month
period.

4. Offence to import or export scheduled
substances without a licence

A person who imports or exports a scheduled substance without a licence
commits an offence and is liable to a fine of $1,000,000 and to imprisonment for
2 years.

5. Registration

(1) Where the Director is satisfied that a person-
(a)was, before the commencement of this Ordinance, an importer or
exporter of scheduled substances; or
(b)bona fide intends to import or export scheduled substances if
granted a licence under section 6,
the Director may, on application to him in a form specified by him and on
payment of the prescribed registration fee, register the person under this
section.
(2) It is a condition of continued registration that the registrant bona fide
intends to import or export scheduled substances if granted a licence under
section 6.


1989 Ed.] Ozone Layer Protection 7




(3) The Director may, at the time of registration or at any time after giving
written notice to a registrant, impose conditions of registration that are reasonably
related to Hong Kong's obligations referred to in section 6(4)(a) or to the measures
referred to in section 6(4)(b).

(4) Registration under this section does not entitle a person to a licence under
section 6.

(5) The Director shall issue a certificate of registration in a form specified by
him to a person who is registered under this section and the condition of
registration under subsection (2) and any conditions of registration imposed under
subsection (3) shall be set out in the certificate.

(6) Where the Director specifies an expiry date in a certificate of registration,
the registration ceases to have effect after that date.

(7) If the Director refuses to register an applicant, the Director shall serve on
the applicant, by personal service or by post, a notice stating the reasons for his
refusal.

(8) A person registered under this section who contravenes a condition of
registration relating to him commits an offence and is liable to a fine of $25,000.

6. Licence to import or export scheduled substances

(1) The Director may, on the application of a person registered under section 5
and on payment of the prescribed licence fee, issue a licence to import or to export a
specified consignment of a scheduled substance subject to any conditions that the
Director may impose.

(2) The Director may, on application to him, vary the conditions of a licence.

(3) The Director may specify the forms of the applications and licence under
this section.

(4) In considering whether to issue a licence or vary the conditions of a licence
the Director

(a) shall comply with Hong Kong's obligations under the 1985

Vienna Convention for the Protection of the Ozone Layer, the
1987 Montreal Protocol on Substances that Deplete the Ozone
Layer as it may be amended from time to time and any other
protocols under the Convention that apply to Hong Kong; and

(b) may impose more stringent measures than are required by the

Convention and the protocols referred to in paragraph (a).

(5) If the Director refuses to issue a licence or vary the conditions of a licence
as requested by the applicant in his application, the Director shall serve on the
applicant, by personal service or by post, a notice stating the reasons for his
refusal.

(6) A licensee who contravenes a condition of a licence commits an offence
and is liable to a fine of $1,000,000 and to imprisonment for 2 years.




1989 Ed.] Ozone Layer Protection 9




7. Cancellation of registration or licence

(1) The Director may at any time cancel a registration or licence where he
considers that a condition of the registration or licence has been contravened or
that the registration was made or licence was issued as a result of an error or an
unlawful act of the applicant or a false representation of a fact made by him.
(2) The Director shall, by personal service or by post, serve on the person
whose registration or licence is cancelled a notice of the cancellation stating the
reasons for the cancellation.
(3) Within 10 days after being served with a notice of cancellation the
person served shall deliver the relevant certificate of registration or licence to
the Director.
(4) Where the person served is not given an opportunity to be heard
before his registration or licence is cancelled, he may apply to the Director to
review his decision and the Director may, after hearing the applicant, reinstate
the registration or licence, subject to any conditions he may impose.
(5) A person who fails to deliver a cancelled certificate of registration or
licence in compliance with subsection (3) commits an offence and is liable to a
fine of $25,000.

8. Appeal to Governor

(1) A person who is aggrieved by a decision of the Director under section
5, 6 or 7 or under provisions of the regulations that may be specified to be
subject to an appeal under this section may, within 14 days after the date when
he was informed of the decision, by notice in writing addressed to the Chief
Secretary, appeal to the Governor.
(2) The Governor may confirm, vary or reverse the decision appealed
from or substitute any other decision that he considers appropriate and the
Director shall take such action as is necessary to give effect to the Governor's
decision.

9. Appointment of authorized officers

The Director may authorize in writing any public officer to exercise any
powers and perform any duties conferred or imposed on an authorized officer
by this Ordinance.

10. General powers of authorized officers

(1) Without prejudice to the powers conferred by section 11, an
authorized officer may, for the purposes of this Ordinance-




1989 Ed.] Ozone Layer Protection 11




(a)enter at any reasonable time and search any premises (other than
domestic premises) occupied by a person registered under this
Ordinance or by the holder of a licence;

(b) require a person to produce for his inspection(i) a
(i) licence or certificate of registration;
(ii) any document which relates to the origin, destination or nature
of anything in respect of which a licence could be issued under
this Ordinance or which he suspects to be evidence of an
offence under this Ordinance; or

(iii) any record or other document required to be kept by this
Ordinance;

(c)examine and make copies of a licence, certificate of registration or of
any record or document produced under paragraph (b);

(d)take possession of, without payment but subject to the issue of a
receipt for it, a sample of anything in respect of which a licence could
be issued under this Ordinance as may be required by the Director
for the purpose of examination and investigation to determine
whether an offence may have been committed under this Ordinance;
or

(e)examine anything if he considers it necessary to do so to ascertain
whether or not the provisions of this Ordinance are being, or have
been, complied with by any person in respect of that thing.

(2) An authorized officer may require

(a) the holder of a licence;

(b) a person registered under this Ordinance; and

(c)a servant, employee or agent of a person referred to in paragraph (a)
or (b),

to furnish such information or take such action as may be necessary to enable the
authorized officer to exercise the powers conferred or perform the duties imposed
on him under this Ordinance.

(3) Where a sample of anything is taken by an authorized officer under
subsection (1)(d) the Director may, after his examination and investigation, direct
that the sample be returned to the place from which it was taken, or destroyed or
disposed of, as the Director thinks fit.

11. Special powers of authorized officers

(1) An authorized officer may enter and search any place or premises (other
than domestic premises) if he reasonably suspects that there is in or on that place or
premises anything in respect of which an offence has -been committed under this
Ordinance or which is, or contains, evidence of the commission of such ofrence.

(2) An authorized officer may seize anything, other than an aircraft, vessel or
vehicle,


1989 Ed.] Ozone Layer Protection 13




(a)in respect of which he reasonably suspects that an offence has
been committed under this Ordinance; or
(b)which he reasonably suspects to be, or to contain, evidence of the
commission of such an offence.
(3) An authorized officer may enter and search any premises (other than
domestic premises) or place connected with the manufacture, processing,
production, storage, distribution or sale of anything in respect of which a
licence has been issued under this Ordinance.
(4) An authorized officer who seizes anything under this section shall, as
soon as reasonably practicable, give a receipt for it, and he may permit any
person who would be entitled to have possession of it, or be entitled to inspect it
but for its seizure, to inspect it at any reasonable time and to photograph or
make copies of it.

12. Ancillary powers of investigation of suspected offence

An authorized officer may-
(a)use such force as is reasonably necessary to enter any place or
premises which he is empowered by section 10 or 11 to enter and
search;
(b)use such force as is reasonably necessary to remove a person or
thing obstructing him in the exercise of a power conferred or the
performance of a duty imposed on him by section 10 or 11;
(e)detain a person found in any place or premises which he is
empowered by section 10 or 11 to search until the premises or
place has been searched; and
(d)search the person and property and effects of a person whom he
reasonably suspects of being guilty of an offence under this
Ordinance, but no person shall be searched except by a person of
the same sex or be searched in a public place if he objects to being
so searched.

13. Offences in relation to enforcement

A person who-
(a)wilfully resists, obstructs or delays any authorized officer in the
exercise of any powers conferred on him by or under this
Ordinance;
(b)fails without reasonable excuse to comply with any requirement
made by an authorized officer under section 10, 11 or 12;
(c)in compliance or purported compliance with any such
requirement produces a record or document which is incorrect or
inaccurate in a material respect and which he knows to be



1989 Ed.] Ozone Layer Protection 15




incorrect or inaccurate or does not believe to be correct or accurate;
or

(d)wilfully or recklessly gives information which is incorrect or
inoccurate in a material respect or withholds information as to any of
the matters in respect of which information is required to be given
under this Ordinance,

commits an offence and is liable to a fine of $100,000 and to imprisonment for 6
months.

14. Forfeiture

(1) Anything seized under section 11(2) is liable to forfeiture, whether or not
any person has been convicted of an offence in respect of the thing.

(2) Where anything is seized under section 11(2), the Director may at any time
release it to the person who appears to him to be the owner of it or his authorized
agent subject to any conditions that the Director may specify in writing.

(3) Where anything has not been released under, subsection (2), the Director
may, in proceedings where an ofrence is prosecuted under this Ordinance or in
separate proceedings relating to the thing seized, apply to a court or magistrate for
the forfeiture of the thing.

(4) If, on the hearing of an application under subsection (3), the court or
magistrate is satisfied that an offence was committed in respect of the thing, the
court or magistrate may order that the thing

(a) be forfeited; or

(b)be delivered to its owner or his authorized agent subject to any
conditions that the court or magistrate may specify in the order.

(5) Where under subsection (3) an application is made for forfeiture otherwise
than in proceedings where an offence under this Ordinance is prosecuted, the
Director shall forthwith notify in writing the owner of the thing or his authorized
agent, unless the owner or his authorized agent has indicated in writing to the
Director that notification is not required.

(6) If there is more than one owner of the thing seized, it is sufficient for the
purposes of subsection (5) to give notice to one owner or his authorized agent,
unless that owner or his authorized agent has indicated that notification is not
required.

(7) Anything ordered to be forfeited under this section that is a scheduled
substance shall be destroyed or disposed of as determined by the Director.

15. Prosecutions

(1) Prosecutions for offences under this Ordinance may be brought in the name
of the Director or the Commissioner of Customs and Excise.



1989 Ed.] Ozone Layer Protection 17




(2) A complaint or information in respect of an offence under this
Ordinance shall be made or laid within 6 months after the time the matter of
the complaint or information first came to the knowledge of the Director,
the Commissioner of Customs and Excise or an authorized officer.

16. Regulations

(1) The Governor in Council may make regulations generally for the
purposes of this Ordinance including regulations for all or any of the following
matters-
(a)the control or prohibition of the import, export and manufacture
of products containing a scheduled substance;
(b)the control or prohibition of the import, export and manufacture
of products made with a scheduled substance;
(e)the prohibition of the use of a scheduled substance in any
prescribed plant or process;
(d)the issue of codes of practice relating to the use, recovery,
recycling or disposal of scheduled substances for a particular
process, plant or product containing or made with a scheduled
substance;
(e)the prohibition of the manufacture or import of products
containing or made with a scheduled substance by a person who
has not complied with a code of practice relating to the use,
recovery, recycling or disposal of scheduled substances used in
products manufactured or imported by that person;
the labelling or marking of products containing or made with a
scheduled substance; and
(g)the prohibition of the distribution of products that are not
labelled or marked in accordance with the regulations.
(2) Regulations made under this section may in respect of any con-
travention of the regulations provide for-
(a)a fine not exceeding $1,000,000 for each contravention and in
addition a fine not exceeding $10,000 for each day on which a
contravention continues; and
(b) imprisonment not exceeding 2 years.
(3) Regulations made under this section, other than regulations that only
prescribe fees, are subject to the approval of the Legislative Council.

17. Governor may amend Schedule

The Governor may, by order published in the Gazette, amend the
Schedule.



Ed. 1989] Ozone Layer Protection 19




SCHEDULE [ss. 2 & 17]

SCHEDULED SUBSTANCES

PART I

Chlorofluorocarbons (CFC)

Chemical Name Common Name

CFC1-Trichlorofluoromethane CFC11
CF2 C1 2-Dichlorodifluoromethane CFC12
C2F 3C13,-Trichlorotrifluoroethane CFC113
C2F4C1 2-Dichlorotetrafluoroethane CM 114
C2F5CI--Chloropentafluoroethane CFC 115

PART 2

Halons

Chemical Name Common Name

CF2BrCI-Bromochlorodifluoromethane halon 1211
CF,Br-Bromotrifluoromethane halon 1301
C2F4Br2-Dibromotetrafluoroethane halon 2402




1989 Ed.] Ozone Layer Protection 21 L.N. 204 of 1989 L.N. 399 of 1989 [ss. 2 & 17]

L.N. 204 of 1989 L.N. 399 of 1989 [ss. 2 & 17]

https://oelawhk.lib.hku.hk/items/show/3461

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