| 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, and to conserve the resources of, substances that deplete the ozone layer and of products containing or made with those substances; and to provide for related matters. (Enacted 1989. Amended 26 of 1993 s. 2) [The Ordinance (except Part 2 of the Schedule)Part 2 of the Schedule (in respect of section 3)］ 1 July 1989 L.N. 204 of 1989 Part 2 of the Schedule (in respect of all sections except section 3) ［1 January 1990 L.N. 399 of 1989] (Originally 24 of 1989) Cap 403 s 1 Short title This Ordinance may be cited as the Ozone Layer Protection Ordinance. (Enacted 1989) Cap 403 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "Advisory Council on the Environment" (环境谘询委员会) means the advisory body established by the Chief Executive to advise on matters relating to pollution control and sustainability of the environment; (Added 6 of 1997 s. 2. Amended L.N. 631 of 1997; 34 of 2000 s. 3) "air transhipment cargo" (航空转运货物) has the meaning assigned to it in section 2 of the Import and Export Ordinance (Cap 60); (Added 29 of 2000 s. 9) "aircraft" (飞机) "vehicle" (车辆) and "vessel" (船只) have the same meanings as in the Import and Export Ordinance (Cap 60); (Amended 66 of 1991 s. 2) "authorized officer" (特准人员) means an officer authorized under section 9; "cargo transhipment area of Hong Kong International Airport" (机场货物转运区) has the meaning assigned to it in section 2 of the Import and Export Ordinance (Cap 60); (Added 29 of 2000 s. 9) "Director" (署长) means the Director of Environmental Protection; "domestic premises" (住宅) means a premises or place used exclusively for residential purposes and constituting a separate household unit; "export" (输出、出口) means to take, or cause to be taken, out of Hong Kong any article other than an article in transit as defined in section 2 of the Import and Export Ordinance (Cap 60); (Added 66 of 1991 s. 2) "import" (输入、进口) means to bring, or cause to be brought, into Hong Kong any article other than an article in transit as defined in section 2 of the Import and Export Ordinance (Cap 60); (Added 66 of 1991 s. 2) "licence" (许可证) means a licence issued under this Ordinance; "scheduled substance" (受管制物质)- (a) means a substance listed in the Schedule, whether existing alone or in a mixture; but (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;"Secretary" (局长) means the Secretary for the Environment, Transport and Works. (Replaced 78 of 1999 s. 7. Amended L.N. 106 of 2002) (Enacted 1989) Cap 403 s 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 $1000000 and imprisonment for 2 years; and (b) a fine of $100000 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. (Enacted 1989) Cap 403 s 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 $1000000 and to imprisonment for 2 years. (Enacted 1989) Cap 403 s 4A Application to air transhipment cargo (1) Section 4 does not apply in relation to a scheduled substance that is air transhipment cargo; but if at any time between its being brought into and taken out of Hong Kong such scheduled substance is removed from the cargo transhipment area of Hong Kong International Airport then, for the purposes of section 4- (a) the scheduled substance is deemed to be imported at the time of such removal; and (b) the person who brought the scheduled substance, or caused it to be brought, into Hong Kong as air transhipment cargo is deemed to be the person who imports the scheduled substance at the time of its removal,and, except to that extent, that section has effect as if this subsection had not been enacted. (2) (a) For the purpose of the issue of a licence under section 6 for the import of a scheduled substance, the import of a scheduled substance that is air transhipment cargo does not take place unless and until the scheduled substance is removed from the cargo transhipment area of Hong Kong International Airport other than for the purpose of its being taken out of Hong Kong by air. |
