### Genetically Modified Organisms (Control of Release) Ordinance 《基因改造生物(管制釋出)條例》

17. Entry of non-confidential information in register
(1) Subject to subsection (4), if no request has been made under section 16(1) within the 14-day period for reviewing the Director’s decision on a non-disclosure request, the Director must, as soon as practicable after the expiry of that period, enter the non-confidential information in the register.
(2) Subject to subsection (4), if—
(a) a request has been made under section 16(1) for reviewing the Director’s decision on a non-disclosure request; and
(b) no appeal has been lodged under section 43(1) within the 28-day period against the Director’s decision on the request for review, or an appeal so lodged has been withdrawn or abandoned, 
the Director must, as soon as practicable after the expiry of that period, or after the appeal has been withdrawn or abandoned, as the case may be, enter the non-confidential information in the register.
(3) Subject to subsection (4), if an appeal has been lodged under section 43(1) against the Director’s decision on a request for review under section 16(1) and the appeal has not been withdrawn or abandoned, the Director must, as soon as practicable after the appeal has been decided, enter the non-confidential information in the register.
(4) The Director must not, in relation to a GMO approval application, enter any non-confidential information in the register before other information received for the purposes of the application has been so entered under section 13(1).
(5) In this section—
non-confidential information (非機密資料), in relation to a GMO approval application or variation request, means any proposed confidential information specified in the non-disclosure request that is to be entered in the register—
(a) in the case of subsection (1), according to the decision of the Director under section 15(1)(a)(ii) or (iii);
(b) in the case of subsection (2), according to the decision of the Director under section 16(3)(a);
(c) in the case of subsection (3), according to the decision of the Administrative Appeals Board.

### Genetically Modified Organisms (Control of Release) Ordinance 《基因改造生物(管制釋出)條例》

18. Entry of decisions on GMO approval applications and variation requests in register
(1) If no appeal has been lodged under section 43(1) within the 28-day period against the Director’s decision under section 10(1)(a), 11(5)(a) or 12(1), the Director must, as soon as practicable after the expiry of that period, enter that decision in the register.
(2) If an appeal has been lodged under section 43(1) within the 28-day period against the Director’s decision under section 10(1)(a), 11(5)(a) or 12(1), the Director must—
(a) as soon as practicable after the appeal has been withdrawn or abandoned, enter that decision in the register; or
(b) as soon as practicable after the appeal has been decided, enter the Director’s decision as confirmed, varied or reversed by the Administrative Appeals Board in the register.

19. Provision of additional information or supporting documents on GMO approval applications and variation requests
(1) For the purpose of determining a GMO approval application or variation request, the Director may, by written notice, require the applicant—
(a) to provide additional information or supporting documents on the application or request; and
(b) to appear before the Director to answer any question raised, or provide any clarification required, by the Director.
(2) The Director may require an applicant under a GMO approval application to provide additional information or supporting documents under subsection (1) even though the acknowledgment under section 9(1) states that the application contains, on the face of it, the information set out in Part 1, or Parts 1 and 2, of Schedule 2, as the case requires.

20. Withdrawal of GMO approval applications or variation requests
(1) An applicant under a GMO approval application or variation request may, in writing, withdraw the application or request at any time before the Director makes a decision on the application or request.
(2) If a GMO approval application or variation request is withdrawn under subsection (1), the Director must cease to process the application or request.

21. Withdrawal of information or document provided
(1) An applicant under a GMO approval application or variation request may, in writing, withdraw any information or document provided for the purposes of the application or request at any time before the Director makes a decision on the application or request.
(2) Where any information or document provided for the purposes of a GMO approval application or variation request is withdrawn under subsection (1), the Director must continue to process the application or request as if the information or document had not been provided.

### Genetically Modified Organisms (Control of Release) Ordinance 《基因改造生物(管制釋出)條例》

22. Application of this Part
This Part does not apply to or in relation to—
(a) a GMO that is in transit or transhipment;
(b) a GMO that is intended—
(i) for direct consumption as food or feed; or
(ii) for processing; or
(c) a GMO that is a pharmaceutical product for use by human beings.

23. Restrictions on export of GMOs intended for release into environment
(1) A person must not knowingly export a GMO that is intended for release into the environment unless—
(a) the person has sent to the competent authority of the place to which the GMO is to be exported a notification of the export; and
(b) the person has received from that authority the approval (whether or not with conditions attached) for that export.
(2) Subsection (1)(a) does not apply if prior notification to the competent authority for exporting the GMO to the place is not required under the legal or regulatory requirements of that place.
(3) Subsection (1)(b) does not apply if prior approval from the competent authority for exporting the GMO to the place is not required under the legal or regulatory requirements of that place.
(4) An export notification must contain the information set out in Schedule 4.
(5) A person who contravenes subsection (1) commits an offence and is liable to a fine at level 6 and to imprisonment for one year.
(6) In any proceedings for an offence under subsection (5), a certificate purporting to be issued by or on behalf of the competent authority of a place outside Hong Kong certifying that prior notification to, or approval from, as the case requires, that authority for exporting the GMO to the place is, or is not, required under the legal or regulatory requirements of that place is admissible as evidence of the matters stated in the certificate.

24. Copies of export notifications and approvals to be sent to Director
(1) Within 14 days after sending an export notification, a person must send to the Director—
(a) a copy of the notification; and
(b) a declaration by the person that—
(i) the copy is a true copy of the notification; and
(ii) the information contained in the notification is true and correct to the best of the person’s knowledge and belief.
(2) Within 14 days after receiving from the competent authority of a place outside Hong Kong an approval mentioned in section 23(1)(b), a person must send to the Director—
(a) a copy of the approval; and
(b) a declaration by the person that the copy is a true copy of the approval.
(3) A declaration under subsection (1)(b) or (2)(b) must be in the specified form.
(4) A person who contravenes subsection (1) or (2) commits an offence and is liable to a fine at level 5.