### Pesticides Ordinance 《除害劑條例》

16A. Appeals to Administrative Appeals Board
(1) A person aggrieved by any of the following decisions of the Director may appeal to the Administrative Appeals Board against the decision within 28 days after receiving notice of the decision—
(a) a decision to refuse to register a pesticide under section 5(3)(b); 
(b) a decision to register a pesticide subject to conditions under section 5(5); 
(c) a decision to cancel or suspend the registration of a pesticide, or to modify, add to or cancel any condition, under section 6; 
(d) a decision to refuse to issue a licence or permit under section 9(2)(b); 
(e) a decision to issue a licence subject to conditions under section 9(5);
(f) a decision to issue a permit subject to conditions under section 9(7); 
(g) a decision to vary the particulars of a licence or permit, or to modify, add to or cancel the conditions of a licence or permit, under section 9(8); 
(h) a decision to cancel or suspend a licence under section 10; 
(i) a decision to cancel a permit under section 11; 
(j) a decision to confirm or vary under section 13(3)(b) the directions given under section 13(1). 
(2) Subject to section 13(4), a decision referred to in subsection (1) has immediate effect, or has effect from a date specified in the decision (if applicable), despite any appeal against the decision.
(Added 14 of 2013 s. 16)

### Pesticides Ordinance 《除害劑條例》

17. Offences and penalties
(1) Any person who contravenes section 7 or 8 commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 1 year.
(2) Any holder of a licence who contravenes any of the conditions of his licence or any holder of a permit who contravenes any of the conditions of his permit commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 6 months.
(3) Any person who—
(a) wilfully obstructs an inspector or member of the Customs and Excise Service in the exercise of any power under section 15 or 15A; (Amended 46 of 1977 s. 18)
(b) refuses to allow any sample to be taken in accordance with section 15A;
(c) fails without reasonable excuse to produce any thing, licence, permit or document, or to give any information, when required to do so under section 15A; or
(d) fails without reasonable excuse to obey a direction given by the Director under section 13,
commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 6 months.
(4) A holder of a licence or permit who, in the manufacture of pesticides— (Amended E.R. 4 of 2020)
(a) uses any inert ingredient the use of which is prohibited by notice under section 13A(a); or
(b) uses any inert ingredient the use of which is subject to conditions specified by notice under section 13A(c) in contravention of any condition so specified,
commits an offence and is liable to a fine at level 1 and to imprisonment for 6 months. (Added 79 of 1990 s. 15)
(5) A holder of a licence or permit who imports or causes to be imported, sells or offers or exposes for sale, supplies or offers to supply for use in Hong Kong—
(a) any pesticide the import, sale or supply of which, as may be appropriate, is prohibited by notice under section 13A(b); or
(b) any pesticide the import, sale or supply of which, as may be appropriate, is subject to conditions specified by notice under section 13A(d) in contravention of any condition so specified,
commits an offence and is liable to a fine at level 1 and to imprisonment for 6 months. (Added 79 of 1990 s. 15)
(Amended 14 of 2013 s. 17)

### Pesticides Ordinance 《除害劑條例》

18. Forfeiture
(1) A magistrate may, on application by the Government, order to be forfeited any pesticide, or any container containing any pesticide, with respect to which any offence under this Ordinance has been committed, whether or not any person has been convicted of such offence and upon the making of an order of forfeiture such pesticide or container shall be deemed to be the property of the Government free from all rights of any person. (Amended 60 of 2000 s. 3)
(2) In any proceedings under subsection (1), any statement or other indication of the nature of any pesticide written upon or indicated on the container, or on any box or other covering of whatever nature enclosing the pesticide or the container, shall, until the contrary is proved, be deemed to be a true description of the pesticide or of the contents of the container, as the case may be.
(Amended 79 of 1990 s. 16)

18A. Director may exercise powers for implementing requirements of Rotterdam Convention or Stockholm Convention
The Director may exercise the Director’s powers under this Ordinance for the purpose of implementing the requirements of the Rotterdam Convention or the Stockholm Convention.
(Added 14 of 2013 s. 18)

### Pesticides Ordinance 《除害劑條例》

19A. Power of Secretary for Environment and Ecology to amend Schedules
(Amended L.N. 144 of 2022)(1) The Secretary for Environment and Ecology may by notice published in the Gazette— (Amended L.N. 144 of 2022)
(a) add any Convention-regulated pesticide, including its Chemical Abstracts Service (CAS

19B. Protection of public officers
(1) A public officer is not personally liable for an act done or omitted to be done by the public officer in good faith—
(a) in the exercise of a power or purported exercise of a power under this Ordinance; or
(b) in the performance of a function or purported performance of a function under this Ordinance. 
(2) Subsection (1) does not affect the liability of the Government for the act or omission.
(Added 14 of 2013 s. 20)

20. Trade marks, trade descriptions, patents and copyright not affected
The registration of, or issue of any licence or permit in respect of, a pesticide by the Director under section 5 or 9 respectively shall not grant to any person any proprietary right in respect of that pesticide and shall not confer or affect any rights under the Trade Marks Ordinance (Cap. 559), the Trade Descriptions Ordinance (Cap. 362), the Patents Ordinance (Cap. 514) or the Copyright Ordinance (Cap. 528).
(Amended 25 of 1979 s. 12; 69 of 1980 s. 37; 79 of 1990 s. 18; 52 of 1997 s. 161; 92 of 1997 s. 280; 35 of 2000 s. 98)

21. Pharmacy and Poisons Ordinance not to apply to pesticides
The Pharmacy and Poisons Ordinance (Cap. 138) shall not apply to any pesticide to which this Ordinance applies.
(Amended 79 of 1990 s. 19)

22. Dangerous Goods Ordinance to apply
Nothing in this Ordinance shall derogate from the provisions of the Dangerous Goods Ordinance (Cap. 295).