### Pesticides Ordinance 《除害劑條例》

12. Notice of intention to cancel or suspend
(1) Where the Director intends to cancel or suspend a licence under section 10 or cancel a permit under section 11, he shall give to the holder of the licence or permit 14 days’ notice in writing of his intention to cancel or suspend the licence or cancel the permit as the case may be and the notice shall specify the grounds for the intended cancellation or suspension.
(2) The holder of a licence or permit may, within the 14-day period referred to in subsection (1), make written submissions to the Director as to why his licence or permit should not be cancelled or his licence suspended as the case may be. (Amended E.R. 4 of 2020)

13. Directions on disposal of pesticide where licence or permit cancelled
(1) Where the Director cancels a licence or a permit under section 10 or 11 he may give to the licence holder or permit holder such directions as he thinks fit for the disposal of the pesticide to which the licence or permit relates and for the disposal of any container containing that pesticide. (Amended 79 of 1990 s. 12)
(1A) When considering whether to give a direction or what directions to give under subsection (1), the Director must have regard to other enactments that govern the disposal of the pesticide. (Added 14 of 2013 s. 11)
(2) A licence holder or permit holder referred to in subsection (1) may apply in writing to the Director for a variation of any direction given under that subsection, stating the grounds of the application and the facts and circumstances relied upon in support of those grounds.
(3) The Director must—
(a) consider an application under subsection (2); and 
(b) within 14 days from receiving the application, advise the licence holder or permit holder in writing of the Director’s decision to confirm or vary the directions given under subsection (1). (Replaced 14 of 2013 s. 11)
(4) If a licence holder or permit holder referred to in subsection (2) appeals under section 16A against a decision under subsection (3), a period for compliance specified in the direction referred to in subsection (2) is extended by the period between presentation of the appeal and notification of the Administrative Appeals Board’s decision. (Replaced 14 of 2013 s. 11)
(5) Any act done or omitted to be done in the carrying out of any direction given under this section does not constitute an offence under this Ordinance. (Amended 14 of 2013 s. 11)

### Pesticides Ordinance 《除害劑條例》

13A. Prohibited or controlled inert ingredients
Where the Director is of the opinion that the use of a particular inert ingredient in the manufacture of pesticides, or that the import, sale or supply of pesticides containing a particular inert ingredient should, in the interest of public safety, be prohibited or controlled, he may, by notice in the Gazette—
(a) prohibit the use of the inert ingredient in the manufacture of pesticides;
(b) prohibit for all or any purposes the import, sale or supply of pesticides containing the inert ingredient;
(c) control the use of the inert ingredient in the manufacture of pesticides by imposing such conditions on such use as he thinks fit and specifies in the notice;
(d) control the import, sale or supply of pesticides containing the inert ingredient by imposing such conditions on such import, sale or supply as he thinks fit and specifies in the notice.
(Added 79 of 1990 s. 13)

14. Appointment of inspectors and authorized officers
The Director may appoint in writing a public officer to be an inspector or authorized officer (or both) for the purposes of this Ordinance.
(Replaced 14 of 2013 s. 12)

15. Powers of entry, seizure, etc.
(1) If it appears to a magistrate upon the oath of any person that there is reasonable cause to suspect that there is in any place or premises any pesticide in respect of which an offence under this Ordinance is being or has been committed, the magistrate may by warrant authorize any inspector or member of the Customs and Excise Service with such assistants as may be necessary to enter the place or premises, by force if necessary, and search the place or premises named in the warrant.(Amended 79 of 1990 s. 14)
(2) In any premises or place entered pursuant to subsection (1) an inspector or member of the Customs and Excise Service may—
(a) seize and detain any article, document or thing which appears to him to be or to contain evidence of an offence under this Ordinance;
(b) open and examine any article, document or thing specified in paragraph (a).
(3) (Repealed 14 of 2013 s. 13)(Amended 46 of 1977 s. 18)

### Pesticides Ordinance 《除害劑條例》

15A. Power to enter premises, etc. without warrant
(1) Any of the powers in this section may be exercised for the purpose of ascertaining whether this Ordinance has been or is being complied with. 
(2) An inspector or a member of the Customs and Excise Service may without a warrant enter, at any reasonable time, a relevant premises on which the inspector or member reasonably suspects a pesticide is being manufactured, used, kept, stored, sold, offered or exposed for sale, or supplied or offered to be supplied. 
(3) After entering the relevant premises, the inspector or member may—
(a) require the production of, inspect and examine—
(i) a thing that is or the inspector or member reasonably believes to be a pesticide; or 
(ii) a thing that contains or the inspector or member reasonably believes to contain a pesticide, including a thing that the inspector or member reasonably believes to have a pesticide as its part;
(b) require the production or provision of, inspect and examine—
(i) a licence, permit or any other document to which a pesticide relates, including a document relating to the pesticide’s origin or nature; and 
(ii) any other document, information or thing that the inspector or member reasonably believes to be relevant to an offence under this Ordinance; 
(c) take and make copies of a licence, permit, document and information referred to in paragraph (b); and 
(d) take a sample of a thing that the inspector or member may reasonably require for an examination and investigation in order to determine whether an offence has been committed against this Ordinance. 
(4) The inspector or member may take a sample without payment, but must issue a receipt for it. 
(5) After completing an examination and investigation in relation to a sample, the Director may direct that the sample or remaining part of the sample be—
(a) returned to its owner or the relevant premises from which it was taken; or 
(b) disposed of in any other way that the Director considers appropriate. 
(6) An inspector must produce written evidence of his or her authority as an inspector before exercising a power under this section. 
(7) In this section—
relevant premises (有關處所) means—
(a) any premises or place (whether domestic or not) the address of which is stated in an application under regulation 6(c) of the Pesticides Regulations (Cap. 133 sub. leg. A); or 
(b) any other premises or place (other than domestic premises).

(Added 14 of 2013 s. 14)