Hong Kong Ordinances

CHEMICAL WEAPONS (CONVENTION) ORDINANCE - SECT 30

Part 3 offences (Permits)

(1) A person who—

   (a)  is required under section 8(1)(a) to have a permit to operate a
        facility so far as concerns the production, acquisition, retention or
        use of Schedule 1 chemicals at that facility, or the transfer of
        Schedule 1  chemicals from that facility; and

   (b)  without, or otherwise than in accordance with, such a permit,
        intentionally or recklessly produces, acquires, retains or uses
        Schedule 1  chemicals at that facility, or transfers
        Schedule 1 chemicals from that facility, commits an offence and is
        liable—

   (c)  on summary conviction to a fine of $200000 and to imprisonment for 2
        years;

   (d)  on conviction on indictment to a fine of $500000 and to imprisonment
        for 5 years.

(2) A person who—

   (a)  is required under section 8(1)(b) to have a permit to operate a
        facility so far as concerns the production, processing or consumption
        of Schedule 2 chemicals at that facility; and

   (b)  without, or otherwise than in accordance with, such a permit,
        intentionally or recklessly produces, processes or consumes
        Schedule 2  chemicals at that facility, commits an offence and is
        liable—

   (c)  on summary conviction to a fine at level 6 and to imprisonment for 1
        year;

   (d)  on conviction on indictment to a fine of $200000 and to imprisonment
        for 2 years.

(3) A person who—

   (a)  is required under section 8(1)(c) to have a permit to operate a
        facility so far as concerns the production of particular Schedule 3 
        chemicals at that facility; and

   (b)  without, or otherwise than in accordance with, such a permit,
        intentionally or recklessly produces that chemical at that facility,
        commits an offence and is liable on conviction to a fine at level 6
        and to imprisonment for 1 year. [cf. Chemical Weapons (Prohibition)
        Act 1994, s. 77(1), (2) & (3), Commonwealth of Australia]

(4) A permit holder who, without reasonable excuse, contravenes a condition to
which a permit is subject commits an offence and is liable on conviction to a
fine at level 6 and to imprisonment for 1 year.

(5) Any person who—

   (a)  forges a permit;

   (b)  without the authority of the Director, makes any alteration to a
        permit; or

   (c)  knowingly utters or makes use of a permit that has been forged or,
        without the authority of the Director, altered, commits an offence and
        is liable on conviction to a fine of $200000 and to imprisonment for 2
        years.