Hong Kong Regulations

FACTORIES AND INDUSTRIAL UNDERTAKINGS (CARCINOGENIC SUBSTANCES) REGULATIONS - REGULATION 4

Exemptions

(1) Notwithstanding regulation 3, the Commissioner for Labour may, in such
cases as he shall think fit and subject to such conditions as he may specify
therein, by certificate in writing exempt any industrial undertaking or any
part of any industrial undertaking, from the provisions of regulation 3, if he
is satisfied that-

   (a)  in a case where it is proposed to manufacture or use any
        prohibited substance-

        (i)    the proposed manufacture or use will be only for the purpose of
               or in the course of medical or scientific research,
               investigation or testing; and

        (ii)   the proposed manufacture or use has been certified in writing
               by the director or other person in charge of the laboratory or
               other place where the research, investigation or testing is to
               be carried on, to be necessary for such purpose or in such
               course;

   (b)  in a case where in the course of any process of manufacture

(other than the manufacture of any prohibited substance) any prohibited 
substance is formed at any stage of the process, the process will be carried
out in a totally enclosed system in such a manner-

        (i)    that no prohibited substance is removed from the system except
               for the purposes of, and in no greater quantity and no more
               frequently than is necessary for, control of the process and
               such analysis as is necessary to secure that the product will
               be free from prohibited  substances; and

        (ii)   that no prohibited substance escapes from the system;

   (c)  in a case where it is proposed to manufacture benzidine
        monohydrochloride, benzidine dihydrochloride or a mixture containing
        either or both of those substances or to use those substances or
        either of them in any process of manufacture, the manufacture or use
        will be carried out in a totally enclosed system in such a manner-

        (i)    that no prohibited substance is allowed to escape from the
               system;

        (ii)   that no prohibited substance (other than benzidine
               hydrochloride) is removed therefrom except for the purposes of,
               and in no greater quantity and no more frequently than is
               necessary for, control of the process and such analysis as is
               necessary to secure that the product will be free from
               prohibited substances; and

        (iii)  that adequate steps will be taken to ensure that the benzidine
               hydrochlorides are, at all times, except while they are in the
               totally enclosed system, kept wet so that the proportion by
               weight of water to benzidine hydrochlorides is not less than
               one part of water to two parts of benzidine hydrochlorides, and
               if he is further satisfied in each of the cases mentioned in
               sub-paragraphs (a), (b) and (c) that the requirements of
               regulations 6 to 9 will be complied with in the case of any
               manufacture or use (as the case may be) referred to in those
               sub-paragraphs as if it were a case to which regulations 6 to 9
               apply and as if the references therein to controlled 
               substances included references to prohibited substances.

(2) The Commissioner for Labour may, by notice in writing served on the
proprietor of the industrial undertaking concerned, revoke any exemption
granted under paragraph (1). (Enacted 1986)