Hong Kong Ordinances

CHEMICAL WEAPONS (CONVENTION) ORDINANCE - SECT 8

When permit is required

PART 3

PERMITS

(1) The operator of a facility requires a permit to operate the facility
during a particular year if—

   (a)  Schedule 1 chemicals (other than excluded Schedule 1 chemicals) are
        likely to be produced, acquired, retained or used at, or transferred
        from, the facility during the year;

   (b)  an amount of a Schedule 2 chemical exceeding, in the aggregate, the
        Schedule 2 permit threshold for that chemical is likely to be
        produced, processed or consumed at a plant comprising, or comprising
        part of, the facility during the year; or

   (c)  an amount of a Schedule 3 chemical exceeding, in the aggregate, 30
        tonnes of that chemical is likely to be produced at a plant
        comprising, or comprising part of, the facility during the year.

(2) For the purposes of subsection (1)(a), Schedule 1 chemicals are excluded
chemicals in relation to a facility and to a year if—

   (a)  the total amount of those chemicals likely to be acquired, retained or
        used at, or transferred from, the facility during the year does not
        exceed 100 grams;

   (b)  the Schedule 1 chemicals will not be produced at the facility during
        that year; and

   (c)  the Schedule 1 chemicals are intended only to be put to research,
        medical or pharmaceutical purposes.

(3) A reference in this section to a year during which chemicals will be
produced, acquired, retained or otherwise dealt with (however that dealing is
described) includes a reference to a year that occurs in part before the day
on which this section commences. [cf. Chemical Weapons (Prohibition) Act 1994,
s. 16, Commonwealth of Australia]