### Mercury Control Ordinance 《汞管制條例》

24. Validity period of permit—export permit and import permit
Unless suspended or cancelled under Division 3, an export permit or import permit is in force until—
(a) if the date on which, or the period within which, the export or import may be carried out under the permit is specified as a condition imposed under this Part in respect of the permit—the earliest of the following—
(i) the export or import is carried out under the permit;
(ii) the expiry of the specified date;
(iii) the expiry of the specified period; or
(b) in any other case—the earlier of the following—
(i) the export or import is carried out under the permit;
(ii) the expiry of 12 months (or if the Director specifies in the permit a shorter validity period, the shorter period) beginning on the date on which the permit takes effect.

25. Validity period of permit—possession permit
Unless suspended or cancelled under Division 3, a possession permit is in force until the expiry of 12 months (or if the Director specifies in the permit a shorter validity period, the shorter period) beginning on the date on which the permit takes effect.

26. Permit holder to comply with permit condition
(1) The holder of an export permit, import permit or possession permit must comply with the conditions imposed under this Part in respect of the permit.
(2) A person who, without reasonable excuse, contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 6 months.

### Mercury Control Ordinance 《汞管制條例》

27. Renewal of permit
(1) The holder of an export permit, import permit or possession permit may apply to the Director for renewal of the permit.
(2) The application may only be made while the permit concerned is in force.
(3) If an export is carried out under an export permit while an application for renewing the permit is pending, the permit holder must, as soon as reasonably practicable after the export, by written notice—
(a) notify the Director of the export; and
(b) withdraw the application.
(4) If an import is carried out under an import permit while an application for renewing the permit is pending, the permit holder must, as soon as reasonably practicable after the import, by written notice—
(a) notify the Director of the import; and
(b) withdraw the application.
(5) The Director may, on the application—
(a) renew the permit concerned; or
(b) refuse to renew the permit if satisfied that—
(i) for an application for renewal of an export permit—an export has been carried out under the permit;
(ii) for an application for renewal of an import permit—an import has been carried out under the permit; or
(iii) the refusal is necessary for protecting the public health or environment.
(6) On renewing a permit, the Director—
(a) may impose conditions the Director considers appropriate, including conditions mentioned in—
(i) for an export permit—section 18(3);
(ii) for an import permit—section 20(3); or
(iii) for a possession permit—section 22(3); and
(b) must issue a new permit to the applicant.
(7) The following are to be specified in a new permit—
(a) the date on which the permit takes effect;
(b) the validity period of the permit;
(c) if conditions are imposed in respect of the permit under subsection (6)(a)—the conditions.

28. Duplicate of permit
(1) This section applies in relation to an export permit, import permit or possession permit that is lost, destroyed, defaced or damaged.
(2) The holder of a permit (original permit

29. Interpretation of Division 2 of Part 3
In this Division—
permit (許可證) means an export permit, import permit or possession permit.

30. Variation of permit condition on Director’s own initiative
(1) The Director may, on the Director’s own initiative, at any time vary a condition (permit condition

31. Variation of permit condition on application
(1) The holder of a permit may apply to the Director for variation of a condition imposed under this Part in respect of the permit.
(2) The Director may, on the application—
(a) approve the application; or
(b) refuse the application.

### Mercury Control Ordinance 《汞管制條例》

32. Supplementary provisions as to variation of permit condition
(1) This section applies in relation to a permit (existing permit

33. Interpretation of Division 3 of Part 3
In this Division—
former permit holder (前許可證持有人), in relation to a permit cancelled under section 35, means the person who held the permit immediately before the cancellation;
permit (許可證) means an export permit, import permit or possession permit.

34. Suspension of permit
The Director may, on a ground specified in section 36, by order suspend a permit for the period specified by the Director in the order.

35. Cancellation of permit
The Director may, on a ground specified in section 36, by order cancel a permit.

36. Grounds for suspending or cancelling permit
The following grounds are specified for the purposes of sections 34 and 35 in relation to a permit—
(a) the Director is satisfied that the permit holder has contravened—
(i) this Ordinance; or
(ii) a condition imposed under this Part in respect of the permit;
(b) the Director is satisfied that the permit was obtained by fraud or misrepresentation;
(c) the permit holder falls within any of the following descriptions—
(i) for a permit holder that is a company—winding up proceedings have been commenced in relation to the permit holder or the permit holder has been dissolved;
(ii) for a permit holder that is a partnership—the permit holder has been dissolved;
(iii) for a permit holder that is an individual—the permit holder has died, has become bankrupt, or has entered into a voluntary arrangement within the meaning of the Bankruptcy Ordinance (Cap. 6) with the holder’s creditors;
(iv) in any other case—the permit holder has ceased to exist;
(d) the Director is satisfied that exercising the power under section 34 or 35 (as the case requires) is necessary for protecting the public health or environment.

### Mercury Control Ordinance 《汞管制條例》

37. Notice of intention to suspend or cancel permit etc.
(1) If the Director intends to suspend or cancel a permit under section 34 or 35, the Director must, by written notice, notify the permit holder of—
(a) the intention;
(b) the grounds for the proposed suspension or cancellation;
(c) the date on which the suspension or cancellation is proposed to take effect;
(d) for a suspension—the proposed period of suspension; and
(e) the holder’s right to make representations under subsection (2).
(2) The permit holder may, within 28 days after the date of the written notice (or a longer period the Director allows), make representations in writing to the Director objecting to the proposed suspension or cancellation.
(3) If representations are made under subsection (2), the Director may suspend or cancel a permit only after considering those representations.
(4) The Director, once having decided to suspend or cancel a permit, must, by written notice, notify the permit holder of—
(a) the decision;
(b) the grounds for the suspension or cancellation;
(c) the date on which the suspension or cancellation takes effect; and
(d) for a suspension—the period of suspension.

38. Return of permit on its cancellation
(1) If a permit is cancelled under section 35, the former permit holder must return the permit to the Director within 10 days after the date on which the cancellation takes effect.
(2) A person who, without reasonable excuse, contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 6 months.