Hong Kong Ordinances

CHEMICAL WEAPONS (CONVENTION) ORDINANCE - SECT 2

Interpretation

(1) In this Ordinance, unless the context otherwise requires—

"aircraft" (航空器) means any machine which can derive support in the
atmosphere from reactions of the air;

"article" (物品) includes a substance and a document;

"authorized officer" (獲授權人員) means a person authorized by the
Commissioner under section 3;

"cargo" (貨物) has the meaning assigned to it by section 2 of the
Import and  Export Ordinance ( Cap 60);

"chemical weapons" (化學武器) means—

   (a)  toxic chemicals and their precursors, except where the toxic 
        chemicals and their precursors are—

        (i)    intended for purposes not prohibited under the Convention; and

        (ii)   in types and quantities consistent with those purposes;

   (b)  munitions and devices, specifically designed to cause death or other
        harm through the toxic properties of toxic chemicals—

        (i)    specified in paragraph (a); and

        (ii)   which would be released as a result of the employment of the
               munitions and devices; or

   (c)  any equipment specifically designed for use directly in connection
        with the employment of the munitions and devices specified in
        paragraph (b);

"Chief Secretary" means the Chief Secretary for Administration;

"claimant" (申索人) means a person—

   (a)  who claims to be the owner of an article, vessel or vehicle liable to
        forfeiture under Part 6;

   (b)  who is the authorized agent of a person claiming to be the owner of an
        article, vessel or vehicle liable to forfeiture under Part 6;

   (c)  who was in possession of an article, vessel or vehicle at the time of
        seizure of the article, vessel or vehicle liable to forfeiture under
        Part 6; or

   (d)  who claims to have a legal or equitable interest in an article, vessel
        or vehicle liable to forfeiture under Part 6, and who makes a claim
        under that Part;

"Commissioner" (關長) means the Commissioner of Customs and Excise and any
Deputy or Assistant Commissioner of Customs and Excise;

"Convention" (《公約》) means the Convention on the Prohibition of the
Development, Production, Stockpiling and Use of Chemical Weapons and on their
Destruction, signed at Paris on 13 January 1993, as in force from time to
time;

"court" (法庭、法院) includes a magistrate;

"declared facility" (已宣布設施) means a Schedule 1, 2 or 3 facility or
any other chemical production facility;

"Director" (署長) means the Director-General of Trade and Industry, any
Deputy Director-General of Trade and Industry or any Assistant
Director-General of Trade and Industry;

"discrete organic chemical" (特定有機化學品) means any chemical—

   (a)  belonging to the class of chemical compounds consisting of all
        compounds of carbon except for its oxides, sulfides and metal
        carbonates; and

   (b)  identifiable by—

        (i)    chemical name;

        (ii)   structural formula, if known; and

        (iii)  Chemical Abstracts Service registry number, if assigned;

"document" (文件), in addition to a document in writing, includes—

   (a)  a disc, tape or other device in which data other than visual images
        are embodied so as to be capable, with or without the aid of some
        other equipment, of being reproduced from the disc, tape or other
        device; and

   (b)  a film, tape or other device in which visual images are embodied so as
        to be capable, with or without the aid of some other equipment, of
        being reproduced from the film, tape or other device;

"domestic premises" (住用處所) means any premises which are constructed or
intended to be used for habitation;

"facility" (設施) means any plant site, plant or unit;

"in-country escort" (國內陪同人員) means individuals specified by the
inspected  state party and, if appropriate, by the People's Republic of China,
if they so wish, to accompany and assist the inspection team during the period
from the arrival of the inspection team at a point of entry into Hong Kong
until the inspection team's departure from Hong Kong at a point of entry;

"inspected state party" (被視察締約國)—

   (a)  subject to paragraph (b), means the state party—

        (i)    on whose territory or in any other place under its jurisdiction
               or control an inspection pursuant to the Convention takes
               place; or

        (ii)   whose facility or area on the territory of the People's
               Republic of China is subject to such an inspection;

   (b)  does not include the state party specified in Part II, paragraph 21,
        of the Annex on Implementation and Verification to the Convention;

"inspection team" (視察組) means the group of inspectors and inspection
assistants assigned by the Director-General of the Technical Secretariat of
the Organization to conduct a particular inspection;

"master" (船長), in relation to a vessel, means the person (except a pilot)
having for the time being command or charge of the vessel;

"member of the Customs and Excise Service" (海關人員) means any person
holding an office specified in Schedule 1 to the Customs and Excise Service 
Ordinance ( Cap 342);

"operator" (營運人), in relation to a facility—

   (a)  means the person or persons (whether an individual, a body corporate,
        or otherwise, or any combination thereof) having responsibility, as
        distinct from day-to-day management, in relation to operations carried
        on at the facility;

   (b)  includes the legal personal representative, administrator and other
        successor in title of any such person;

"Organization" (本組織) means the Organization for the Prohibition of
Chemical Weapons established pursuant to Article VIII of the Convention;

"other chemical production facility" (其他化學生產設施) means a
facility covered by a notification required under section 11(1)(a);

"owner" (擁有人), other than for the purposes of Part 6, means—

   (a)  in relation to an article, any person being or holding himself out to
        be the owner, importer, exporter, consignee, agent or person in
        possession of, or beneficially interested in, or having any control
        of, or power of disposition over, the article; and

   (b)  in relation to a vessel, aircraft or vehicle—

        (i)    the registered owner and any person holding himself out to be
               the owner thereof;

        (ii)   any person acting as agent for the owner in connection with the
               handling of cargo carried in or on the vessel, aircraft or
               vehicle;

        (iii)  any person to whom the vessel, aircraft or vehicle has been
               chartered or hired; and

        (iv)   any person having for the time being the control or management
               of the vessel, aircraft or vehicle;

"permit" (許可證) means a permit granted under section 10(1)(a);

"plant" (車間) means a relatively self-contained area, structure or building
containing one or more units with auxiliary and associated infrastructure,
including any—

   (a)  small administrative section;

   (b)  storage or handling areas for feedstock and products;

   (c)  effluent or waste handling or treatment area;

   (d)  control or analytical laboratory;

   (e)  first aid service or related medical section; and

   (f)  records associated with the movement into, around and from the area,
        of declared chemicals and their feedstock or product chemicals formed
        from them, as appropriate;

"plant site" (廠區) means the local integration of one or more plants, with
any intermediate administrative levels, which are under one operational
control, including any—

   (a)  administration and other offices;

   (b)  repair and maintenance shops;

   (c)  medical centre;

   (d)  utilities;

   (e)  central analytical laboratory;

   (f)  research and development laboratories;

   (g)  central effluent and waste treatment area; and

   (h)  warehouse storage;

"practicable" (切實可行) means reasonably practicable;

"precursor" (前體)—

(a) means any chemical reactant which takes part at any stage in the
production by whatever method of a toxic chemical; and

   (b)  includes any key component of a binary or multicomponent chemical
        system;

"purposes not prohibited under the Convention"
(《公約》不禁止的目的) means—

   (a)  industrial, agricultural, research, medical, pharmaceutical or other
        peaceful purposes;

   (b)  protective purposes, namely those purposes directly related to
        protection against toxic chemicals and to protection against chemical 
        weapons;

   (c)  military purposes not connected with the use of chemical  weapons and
        not dependent on the use of the toxic properties of chemicals as a
        method of warfare;

   (d)  law enforcement including domestic riot control purposes;

"regulations" (規例) means regulations made under section 42;

"restore" (歸還), in relation to an article, vehicle or vessel, includes
arranging for the restoration of the article, vehicle or vessel;

"Schedule 1 chemical" (附表1化學品) means a chemical listed in Schedule
1;

"Schedule 1 facility" (附表1設施) means a facility covered by a permit
required under section 8(1)(a);

"Schedule 2 chemical" (附表2化學品) means a chemical listed in Schedule
2;

"Schedule 2 facility" (附表2設施) means a facility covered by a permit
required under section 8(1)(b);

"Schedule 2 permit threshold" (附表2許可限量), in relation to a
Schedule 2  chemical, means—

   (a)  if the chemical is listed in Part A of Schedule 2 and designated with
        an "*", 1 kilogram;

   (b)  if the chemical is listed in Part A of Schedule 2 but is not
        designated with an "*", 100 kilograms;

   (c)  if the chemical is listed in Part B of Schedule 2, 1 tonne;

"Schedule 3 chemical" (附表3化學品) means a chemical listed in Schedule
3;

"Schedule 3 facility" (附表3設施) means a facility covered by a permit
required under section 8(1)(c);

"specified" (指明), in relation to a form, means specified under section 39;

"toxic chemical" (有毒化學品) means any chemical which through its
chemical action on life processes can cause death, temporary incapacitation or
permanent harm to humans or animals, regardless of—

   (a)  its origin or method of production; and

   (b)  whether it is produced in facilities, in munitions or elsewhere;

"unit" (單元) means the combination of those items of equipment, including
vessels and vessel set up, necessary for the production, processing or
consumption of a chemical;

"unscheduled discrete organic chemical"
(未列於附表的特定有機化學品) means a discrete  organic chemical
not listed in Schedule 1, 2 or 3;

"vehicle" (車輛) means every means of conveyance or of transit or other
mobile apparatus used or capable of being used on land, whether on roads or
rails and, in any way whatever, drawn or propelled or carried;

"vessel" (船隻) includes every description of vessel used in navigation for
the carriage of persons or articles, whether or not the vessel is mechanically
propelled and whether or not the vessel is towed or pushed by another vessel.

(2) Unless the context otherwise requires, a term used in this Ordinance and
in the Convention but which is not defined in subsection (1)

(whether or not a particular meaning is assigned to it by the Convention) has,
in this Ordinance, the same meaning as in the Convention. [cf. Chemical
Weapons (Prohibition) Act 1994, s. 7(2), Commonwealth of Australia]

(3) For the purposes of this Ordinance, in determining—

   (a)  the total amount of Schedule 1 chemicals that will be, or were,
        produced, acquired, retained or used at, or transferred from, a
        facility; or

   (b)  the total amount of Schedule 2 chemicals that will be, or were,
        produced, processed or consumed, at a facility, any amount of such a
        chemical that is, or was, subjected to more than one of those
        activities at that facility is to be counted once only. [cf. Chemical
        Weapons (Prohibition) Act 1994, s. 10(1), Commonwealth of Australia]

(4) For the purposes of—

   (a)  Schedules 1, 2 and 3, whenever reference is made to groups of
        dialkylated chemicals, followed by a list of alkyl groups in
        parentheses, all chemicals possible by all possible combinations of
        alkyl groups listed in the parentheses are considered as listed in the
        respective Schedule as long as they are not explicitly exempted;

   (b)  Schedule 2, a chemical marked "*", is subject to special thresholds
        for declaration and verification, as specified in Part VII of the
        Annex on Implementation and Verification to the Convention.

(5) For the avoidance of doubt, it is hereby declared that the provisions of
this Ordinance applicable to chemical weapons are also applicable to abandoned
chemical weapons and old chemical weapons to the extent that the provisions
may practicably apply to abandoned chemical  weapons and old chemical weapons
respectively.

"aircraft" (航空器)

"article" (物品)

"authorized officer" (獲授權人員)

"cargo" (貨物)

"chemical weapons" (化學武器)

"Chief Secretary" (means the Chief Secretary for Administration)

"claimant" (申索人)

"Commissioner" (關長)

"Convention" (《公約》)

"court" (法庭、法院)

"declared facility" (已宣布設施)

"Director" (署長)

"discrete organic chemical" (特定有機化學品)

"document" (文件)

"domestic premises" (住用處所)

"facility" (設施)

"in-country escort" (國內陪同人員)

"inspected state party" (被視察締約國)

"inspection team" (視察組)

"master" (船長)

"member of the Customs and Excise Service" (海關人員)

"operator" (營運人)

"Organization" (本組織)

"other chemical production facility" (其他化學生產設施)

"owner" (擁有人)

"permit" (許可證)

"plant" (車間)

"plant site" (廠區)

"practicable" (切實可行)

"precursor" (前體)

"purposes not prohibited under the Convention"
(《公約》不禁止的目的)

"regulations" (規例)

"restore" (歸還)

"Schedule 1 chemical" (附表1化學品)

"Schedule 1 facility" (附表1設施)

"Schedule 2 chemical" (附表2化學品)

"Schedule 2 facility" (附表2設施)

"Schedule 2 permit threshold" (附表2許可限量)

"Schedule 3 chemical" (附表3化學品)

"Schedule 3 facility" (附表3設施)

"specified" (指明)

"toxic chemical" (有毒化學品)

"unit" (單元)

"unscheduled discrete organic chemical"
(未列於附表的特定有機化學品)

"vehicle" (車輛)

"vessel" (船隻)