Hong Kong Ordinances

HAZARDOUS CHEMICALS CONTROL ORDINANCE - SECT 2

Interpretation

(1) In this Ordinance, unless the context otherwise requires— “authorized
officer” (獲授權人員) means the Director or any public officer
appointed to be an authorized officer under section 38; “container”
(容器) includes a packet; “court” (法院) includes a magistrate;
“Director” (署長) means the Director of Environmental Protection;
“export” (出口), in relation to a scheduled chemical, means to take the
chemical, or cause the chemical to be taken, out of Hong Kong by air, land or
water; “hazardous chemical” (有毒化學品) means any chemical that—

   (a)  is not a pesticide; and

   (b)  has potentially harmful or adverse effect on human health or the
        environment, including any such chemical that is subject to the
        regulation of the Rotterdam Convention or the Stockholm Convention;
        “import” (進口), in relation to a scheduled chemical, means to
        bring the chemical, or cause the chemical to be brought, into Hong
        Kong by air, land or water; “notice of cancellation”
        (取消通知) means a notice referred to in section 19; “part”
        (部分), in relation to any thing, means any part of that thing,
        whether or not that part is a constituent element of that thing;
        “permit” (許可證) means a permit issued or renewed under
        section 10; “permit holder” (許可證持有人), where the
        context requires, includes a holder of a permit which—

   (a)  has been or is to be cancelled or suspended under section 19 or 27; or

   (b)  has been or is to be partially cancelled or suspended under
        section 31; “pesticide” (除害劑) means a pesticide as defined
        in section 2 of the Pesticides Ordinance ( Cap 133); “premises”
        (處所) includes any place and in particular includes any aircraft,
        vehicle or vessel; “prescribed fee” (訂明費用), in relation to
        any matter, means the fee payable under this Ordinance in relation to
        that matter and prescribed by any regulation made under section 46;
        “Rotterdam Convention” (《鹿特丹公約》) means the Rotterdam
        Convention on the Prior Informed Consent Procedure for Certain
        Hazardous Chemicals and Pesticides in International Trade adopted on
        10 September 1998 as amended from time to time and as applied to Hong
        Kong; “scheduled chemical” (受管制化學品) means a Type 1
        chemical or Type 2 chemical; “Secretary” (局長) means the
        Secretary for the Environment; “Stockholm Convention”
        (《斯德哥爾摩公約》) means the Stockholm Convention on
        Persistent Organic Pollutants adopted on 22 May 2001 as amended from
        time to time and as applied to Hong Kong; “thing” (物品)
        includes a substance; “Type 1 chemical” (第1類化學品) means a
        hazardous chemical specified in Part 1 of Schedule 1; “Type 2
        chemical” (第2類化學品) means a hazardous chemical specified in
        Part 1 of Schedule 2; “vary” (更改)—

   (a)  in relation to the conditions of a permit, means—

        (i)    to modify any of those conditions;

        (ii)   to substitute any condition for any of those conditions;

        (iii)  to add any condition to those conditions;

        (iv)   to cancel any of those conditions; or

        (v)    to do 2 or more of the acts mentioned in subparagraphs (i),

        (ii)   , (iii) and (iv); or

   (b)  in relation to the directions given under section 22, means—

        (i)    to modify any of those directions;

        (ii)   to substitute any direction for any of those directions;

        (iii)  to add any direction to those directions;

        (iv)   to cancel any of those directions; or

        (v)    to do 2 or more of the acts mentioned in subparagraphs (i),

        (ii)   , (iii) and (iv).

(2) In this Ordinance, unless the context otherwise requires, a reference to
manufacture, in relation to a scheduled chemical, includes causing the
chemical to be manufactured.

(3) For the avoidance of doubt, a scheduled chemical is not regarded as having
been manufactured if it is produced incidentally in the course of the
manufacture of any other thing. “authorized officer” (獲授權人員)
“container” (容器) “court” (法院) “Director” (署長)
“export” (出口) “hazardous chemical” (有毒化學品) “import”
(進口) “notice of cancellation” (取消通知) “part” (部分)
“permit” (許可證) “permit holder” (許可證持有人)
“pesticide” (除害劑) “premises” (處所) “prescribed fee”
(訂明費用) “Rotterdam Convention” (《鹿特丹公約》) “scheduled
chemical” (受管制化學品) “Secretary” (局長) “Stockholm
Convention” (《斯德哥爾摩公約》) “thing” (物品) “Type 1
chemical” (第1類化學品) “Type 2 chemical” (第2類化學品)
“vary” (更改)