### Chemical Weapons (Convention) Ordinance 《化學武器(公約)條例》

25. Stay of order on appeal
(1) Subject to subsection (2), an order by a court for the delivery of an article, vessel or vehicle to a claimant shall be stayed if the Commissioner or the Secretary for Justice lodges an appeal against the order to deliver the article, vessel or vehicle or an application by way of case stated in relation to the order of the court until those proceedings are dealt with by the higher court.
(2) The Commissioner may, notwithstanding subsection (1), consent to the delivery of the article, vessel or vehicle.

26. Inspections: Interpretation
For the purposes of this Part—
(a) the verification annex is the annex on implementation and verification to the Convention;
(b) a routine inspection is an inspection conducted pursuant to Parts II to IX of that annex;
(c) a challenge inspection is an inspection conducted pursuant to Parts II and X of that annex;
(d) an assistance inspection is an inspection conducted pursuant to Parts II and XI of that annex.
[cf. 1996 c. 6 s. 24 U.K.

### Chemical Weapons (Convention) Ordinance 《化學武器(公約)條例》

28. Disclosure of information
(1) This section applies to information if—
(a) it was obtained under, or in connection with anything done under, this Ordinance or the Convention; and
(b) it relates to a particular business or other activity carried on by any person.
(2) So long as the business or activity continues to be carried on the information shall not be disclosed except—
(a) with the consent of the person for the time being carrying on the business or activity;
(b) in connection with anything done for the purposes of the Convention;
(c) in the performance of duties imposed by this Ordinance or in connection with anything done for the purposes of this Ordinance;
(d) in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings;
(e) in connection with the enforcement of any restriction on imports or exports;
(f) in connection with anything done for the purposes of ensuring the security of Hong Kong;
(g) in dealing with an emergency involving danger to the public;
(h) to the International Court of Justice for the purpose of enabling that Court to deal with any dispute referred to it under the Convention; or
(i) that it is permitted by law.
[cf. 1996 c. 6 s. 32(1) & (2) U.K.

29. Part 2 offences (Chemical weapons)
(1) A person who contravenes section 5 commits an offence and is liable on conviction on indictment to imprisonment for life.
(2) In proceedings for an offence under subsection (1), where section 5(a), (b), (c) or (d) is applicable to an article, it is a defence for the person charged with the offence to prove—
(a) that he neither knew nor suspected nor had reason to suspect that the article was a chemical weapon; or
(b) that he knew or suspected the article to be a chemical weapon and as soon as was practicable after he first so knew or suspected he took all reasonable steps to inform a member of the Customs and Excise Service or an authorized officer of his knowledge or suspicion.
(3) Nothing in subsection (2) prejudices any defence which it is open to a person charged with an offence under section 5 to raise apart from that subsection. [cf. 1996 c. 6 s. 2(6), (7) & (8) U.K.

### Chemical Weapons (Convention) Ordinance 《化學武器(公約)條例》

30. Part 3 offences (Permits)
(1) A person who—
(a) is required under section 8(1)(a) to have a permit to operate a facility so far as concerns the production, acquisition, retention or use of Schedule 1 chemicals at that facility, or the transfer of Schedule 1 chemicals from that facility; and
(b) without, or otherwise than in accordance with, such a permit, intentionally or recklessly produces, acquires, retains or uses Schedule 1 chemicals at that facility, or transfers Schedule 1 chemicals from that facility,
commits an offence and is liable—
(c) on summary conviction to a fine of $200,000 and to imprisonment for 2 years;
(d) on conviction on indictment to a fine of $500,000 and to imprisonment for 5 years.
(2) A person who—
(a) is required under section 8(1)(b) to have a permit to operate a facility so far as concerns the production, processing or consumption of Schedule 2 chemicals at that facility; and
(b) without, or otherwise than in accordance with, such a permit, intentionally or recklessly produces, processes or consumes Schedule 2 chemicals at that facility,
commits an offence and is liable—
(c) on summary conviction to a fine at level 6 and to imprisonment for 1 year;
(d) on conviction on indictment to a fine of $200,000 and to imprisonment for 2 years.
(3) A person who—
(a) is required under section 8(1)(c) to have a permit to operate a facility so far as concerns the production of particular Schedule 3 chemicals at that facility; and
(b) without, or otherwise than in accordance with, such a permit, intentionally or recklessly produces that chemical at that facility,
commits an offence and is liable on conviction to a fine at level 6 and to imprisonment for 1 year. [cf. Chemical Weapons (Prohibition) Act 1994, s. 77(1), (2) & (3), Commonwealth of Australia

31. Part 4 offences (Notifications and reports in respect of facilities)
(1) The operator of a facility who, without reasonable excuse, contravenes section 11(1)(a) or (b) or 12(2) commits an offence and is liable on conviction to a fine at level 6 and to imprisonment for 1 year.
(2) A person who, without reasonable excuse, fails to comply with a notice given by the Director under section 13(2) or (3) commits an offence and is liable on conviction to a fine at level 6 and to imprisonment for 1 year.

### Chemical Weapons (Convention) Ordinance 《化學武器(公約)條例》

32. Part 5 offences (Powers of investigation)
(1) Subject to subsection (2), a person who contravenes section 17(1), (3), (4) or (5) commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 6 months.
(2) Subsection (1) shall not apply to a prescribed person mentioned in paragraph (b) of the definition of prescribed person

33. Part 7 offences (International inspections)
(1) If an authorization has been issued under section 27 in respect of any inspection, a person commits an offence if he—
(a) refuses without reasonable excuse to comply with any request made by a member of the Customs and Excise Service or an authorized officer or a member of the in-country escort for the purpose of facilitating the conduct of that inspection in accordance with the verification annex;
(b) interferes without reasonable excuse with any container, instrument or other article installed in the course of that inspection in accordance with the verification annex; or
(c) wilfully obstructs any member of the inspection team or of the in-country escort, or the observer, in the conduct of that inspection in accordance with the verification annex.
(2) Subsection (1)(b) applies to interference which occurs at any time while the container, instrument or other article is retained in accordance with the verification annex.
(3) A person who commits an offence under this section is liable on conviction to a fine at level 6 and to imprisonment for 6 months.
[cf. 1996 c. 6 s. 26 U.K.

34. Part 8 offence (Disclosure of information)
A person who discloses information in contravention of section 28 commits an offence and is liable—
(a) on summary conviction to a fine at level 6;
(b) on conviction on indictment to a fine of $200,000 and to imprisonment for 2 years.