Hong Kong Ordinances

HAZARDOUS CHEMICALS CONTROL ORDINANCE - SECT 50

Power of Secretary to amend Schedules

(1) The Secretary may by order published in the Gazette—

   (a)  add any Convention-regulated chemical, including its CAS registry
        number or other description, to Part 1 of Schedule 1 or 2;

   (b)  remove any specified chemical, including its CAS registry number or
        other description, from Part 1 of Schedule 1 or 2;

   (c)  make any amendment to Part 2 of Schedule 1 or 2 that only relates to a
        Convention-regulated chemical or the removal of a specified chemical;
        and

   (d)  make any amendment to Schedule 1 or 2 that is consequential,
        incidental or related to the addition, removal or amendment made under
        paragraph (a), (b) or (c).

(2) Subject to subsection (3), the Secretary may by order published in the
Gazette make any other amendment to Schedule 1 or 2.

(3) An order made under subsection (2) is subject to the approval of the
Legislative Council.

(4) An order made under subsection (2) may, where the Secretary considers
desirable, include any matters that may be included in an order made under
subsection (1).

(5) For the purposes of subsection (1)—

   (a)  a chemical is a Convention-regulated chemical if the chemical is
        subject to the regulation of the Rotterdam Convention or the Stockholm
        Convention on the relevant day; and

   (b)  a chemical is a specified chemical if, at some time before the
        relevant day, the chemical has been subject to the regulation of the
        Rotterdam Convention or the Stockholm Convention but is no longer
        subject to such regulation on that day.

(6) In subsection (5), “relevant day” (有關日期) means the day on
which the Secretary makes the order under subsection (1)(a) or (b) in respect
of the chemical concerned. “relevant day” (有關日期)