Hong Kong Ordinances

CHEMICAL WEAPONS (CONVENTION) ORDINANCE - SECT 10

Grant of permit, etc.

(1) The Director shall, as soon as is practicable after receiving an
application under section 9, by notice in writing served on the applicant—

   (a)  grant a permit to the applicant subject to such conditions, if any, as
        the Director thinks fit and specified in the permit; or

   (b)  refuse to grant a permit.

(2) A permit to operate a facility during a year shall not be granted unless
the Director is satisfied that—

   (a)  in respect of Schedule 1 chemicals, those chemicals concerned are to
        be—

        (i)    produced for research, medical or pharmaceutical purposes; or

        (ii)   acquired, retained, used or transferred for research, medical,
               pharmaceutical or protective purposes; and

   (b)  in respect of Schedule 1 chemicals, Schedule 2 chemicals and
        Schedule 3 chemicals, the operator of the facility will, if granted a
        permit, comply with the provisions of this Ordinance applicable to or
        in relation to the facility. [cf. Chemical Weapons (Prohibition) Act
        1994, s. 19(2), Commonwealth of Australia]

(3) The Director may—

   (a)  by notice in writing served on the holder of a permit and, subject to
        subsection (5), with effect from the date specified in the notice,
        revoke or suspend the permit, amend conditions specified in the
        permit, add conditions to the permit, or delete conditions specified
        in the permit, if the Director is satisfied that—

        (i)    the holder has failed to comply with— (A) any of the
               provisions of this Ordinance applicable to or in relation to
               the facility; or (B) any conditions specified in the permit; or

        (ii)   it is appropriate to do so for the purpose of implementing the
               requirements of the Convention;

   (b)  by notice in writing served on the holder of a permit and with effect
        from the date specified in the notice, revoke the permit, amend
        conditions specified in the permit, add conditions to the permit, or
        delete conditions specified in the permit, at the request of the
        holder; or

   (c)  by notice in writing served on the holder of a permit and, subject to
        subsection (5), with effect from the date specified in the notice,
        revoke or suspend the permit if the applicant has furnished to him any
        false, misleading or inaccurate information in connection with the
        application for the granting of the permit.

(4) Where the Director—

   (a)  grants a permit subject to conditions;

   (b)  refuses to grant a permit;

   (c)  revokes or suspends under subsection (3)(a) or (c) a permit;

   (d)  amends under subsection (3)(a) conditions specified in a permit; or

   (e)  adds under subsection (3)(a) conditions to a permit, he shall, in the
        notice under subsection (1) or (3)(a) or (c) concerned, specify the
        reasons for the conditions, refusal, revocation or suspension,
        amendment or addition, as the case may be.

(5) A notice under subsection (3)(a) or (c) shall—

   (a)  subject to paragraph (b), not take effect—

        (i)    before the expiry of the period specified in section 38 within
               which an appeal against the decision to which the notice
               relates may be made;

        (ii)   if such an appeal is made, before the outcome of the appeal or
               the withdrawal or abandonment of the appeal;

   (b)  take effect immediately it is served if—

        (i)    there is a statement in the notice that the Director is of the
               opinion that the notice should take effect as a matter of
               urgency; and

        (ii)   the notice sets out the reasons why the Director is of that
               opinion.