Hong Kong Ordinances

HAZARDOUS CHEMICALS CONTROL ORDINANCE - SECT 31

Supplementary provisions regarding cancellation or suspension of permits

Supplementary provisions regarding cancellation or suspension of permits

(1) In exercising his power under section 19 or 27, the Director may cancel or
suspend a permit to the extent that it relates to one or more scheduled
chemicals that are authorized to be manufactured, exported, imported or used
under the permit.

(2) Where there is a partial cancellation or partial suspension of a permit,
subject to subsections (3) and (4), the provisions of this Ordinance that
apply to or in relation to the cancellation or suspension of a permit shall,
with necessary modifications, apply to the partial cancellation or partial
suspension to the extent that the permit is so cancelled or suspended.

(3) Where there is a partial cancellation of a permit—

   (a)  section 21(1) shall be construed as requiring the permit holder to
        return the permit to the Director not later than 10 working days after
        the partial cancellation takes effect; and

   (b)  the Director shall, on receiving the permit so returned, issue to the
        permit holder, free of charge, a permit in respect of the scheduled
        chemicals that are authorized to be manufactured, exported, imported
        or used under the permit so returned but are not chemicals to which
        the partial cancellation relates.

(4) Where there is a partial suspension of a permit—

   (a)  section 29(1) shall be construed as requiring the permit holder to
        return the permit to the Director not later than 10 working days after
        the partial suspension takes effect;

   (b)  the Director shall, on receiving the permit so returned, issue to the
        permit holder, free of charge, a permit in respect of the scheduled
        chemicals that are authorized to be manufactured, exported, imported
        or used under the permit so returned but are not chemicals to which
        the partial suspension relates; and

   (c)  section 30 shall be construed as—

        (i)    requiring the permit holder to return the permit issued to him
               under paragraph (b); and

        (ii)   empowering the Director to send to the permit holder, in such
               manner as the Director considers appropriate, the permit
               returned under paragraph (a) if the permit holder— (A) does
               not collect the permit so returned within 10 working days after
               the partial suspension ceases to have effect; or (B) has
               requested in writing that the permit be sent to him.

(5) A permit issued under subsection (3)(b) or (4)(b) is to be regarded as a
permit issued under section 10(1).

(6) In this section— “partial cancellation” (局部取消), in relation
to a permit, means the cancellation of the permit to the extent that it
relates to one or more, but not all, scheduled chemicals that are authorized
to be manufactured, exported, imported or used under the permit; “partial
suspension” (局部暫時吊銷), in relation to a permit, means the
suspension of the permit to the extent that it relates to one or more, but not
all, scheduled chemicals that are authorized to be manufactured, exported,
imported or used under the permit. “partial cancellation” (局部取消)
“partial suspension” (局部暫時吊銷)