Hong Kong Regulations

OZONE LAYER PROTECTION (CONTROLLED REFRIGERANTS) REGULATION - SECT 5

Prohibition on releasing controlled refrigerant

(1) A person who allows or causes any controlled refrigerant used or intended
for use in a refrigeration equipment or motor vehicle  air-conditioner to
escape into the atmosphere commits an offence and is liable to a fine of
$100000.

(2) It is a defence for a person charged with an offence under this section to
prove that-

   (a)  the escape occurred in the course of-

        (i)    transferring the controlled refrigerant from refrigeration 
               equipment or from a motor vehicle air-conditioner to a
               container designed for the purpose of storing refrigerants;

        (ii)   recycling the controlled refrigerant;

        (iii)  transferring the controlled refrigerant from a container
               designed for the storage thereof into refrigeration equipment
               or into a motor vehicle air-conditioner; or

        (iv)   disposing of the controlled refrigerant by a method approved by
               the Director by notice in the Gazette, and that he took all
               reasonable precautions and exercised all due diligence to
               prevent the escape to occur;

   (b)  the escape occurred by reason of an accident or other cause beyond his
        control and that he took all reasonable precautions and exercised all
        due diligence to prevent the escape to occur; or

   (c)  it was necessary to allow the escape to occur by reason of an
        emergency and in order to prevent danger to the health or safety of
        any person. (Enacted 1993)