### Pesticides Ordinance 《除害劑條例》

5. Registration
(1) Any person may apply to the Director for registration of a pesticide.
(2) An application under subsection (1) must be made in writing in the prescribed manner. (Amended 14 of 2013 s. 6)
(3) After considering an application under subsection (1) the Director may—
(a) register the pesticide in Part I or II of the register; or
(b) refuse to register it.
(3A) The Director must not register—
(a) a scheduled pesticide; or 
(b) a pesticide that consists of a scheduled pesticide. (Added 14 of 2013 s. 6)
(4) The Director may register a pesticide in Part I or Part II of the register although an application for registration of the pesticide has not been made under subsection (1).
(5) The Director may register a pesticide subject to such conditions as he may think fit.
(Amended 79 of 1990 s. 7)

6. Power of Director to cancel or modify registration
The Director may at any time—
(a) cancel the registration of a pesticide in Part I of the register and register it in Part II of the register;
(ab) cancel the registration of a pesticide if the pesticide is listed under the Rotterdam Convention or the Stockholm Convention; (Added 14 of 2013 s. 7)
(b) modify or add to, or cancel, any condition imposed by him under this Part in respect of the registration of a pesticide; or
(c) cancel or suspend the registration of a pesticide if it appears to him to be necessary in the interests of public safety.
(Amended 79 of 1990 s. 8)

### Pesticides Ordinance 《除害劑條例》

7. Control of registered pesticides
(1) Save under and in accordance with a licence, no person shall—
(a) import into or cause to be imported into Hong Kong;
(aa) manufacture; (Added 79 of 1990 s. 9)
(b) sell or offer or expose for sale; or
(c) supply or offer to supply,
any registered pesticide.(Amended 79 of 1990 s. 9)
(2) Subsection (1)(b) and (c) shall not apply to any person who—
(a) is not engaged in the trade or business, whether for wholesale, retail or otherwise, of selling, offering or exposing for sale, supplying or offering to supply pesticides; and(Amended 79 of 1990 s. 9)
(b) sells, offers or exposes for sale, supplies or offers to supply any pesticide which he acquired for his own use.(Amended 79 of 1990 s. 9)
(3) Subsection (1) does not apply to an authorized officer or a member of the Customs and Excise Service who is—
(a) exercising a power or purporting to exercise a power under this Ordinance or doing anything in connection with or incidental to the exercise or purported exercise of the power; or 
(b) performing a function or purporting to perform a function under this Ordinance or doing anything in connection with or incidental to the performance or purported performance of the function. (Added 14 of 2013 s. 8)
(4) Subsection (1) does not apply to a public officer who is—
(a) exercising a power or purporting to exercise a power under—
(i) the Import and Export Ordinance (Cap. 60); 
(ii) the Public Health and Municipal Services Ordinance (Cap. 132); 
(iii) the Dangerous Goods Ordinance (Cap. 295); or
(iv) any Ordinance other than this Ordinance; or 
(b) doing anything in connection with or incidental to the exercise or purported exercise of the power. (Added 14 of 2013 s. 8)

### Pesticides Ordinance 《除害劑條例》

9. Licence or permit for pesticides
(1) An application for a licence or permit must be made in writing to the Director in the prescribed manner. (Amended 14 of 2013 s. 10)
(2) After considering an application under subsection (1) the Director may—
(a) issue to the applicant a licence or a permit, as the case may be; or
(b) refuse to issue a licence or permit.
(3) Where the Director refuses to issue a licence or a permit, the Director must send to the applicant a notice of the refusal and state in the notice the reasons for the refusal. (Amended 14 of 2013 s. 10)
(4) A licence may authorize the holder in respect of—
(a) registered pesticides generally;
(b) all pesticides registered in Part I of the register or any such pesticides as may be specified in the licence; or
(c) all pesticides registered in Part II of the register or any such pesticides as may be specified in the licence. (Amended 79 of 1990 s. 11)
(5) Subject to subsection (6), the Director may issue a licence subject to the conditions that the Director thinks fit. (Amended 79 of 1990 s. 11; 14 of 2013 s. 10)
(6) A licence authorizing the sale of a pesticide is subject to the conditions of registration of that pesticide. (Replaced 79 of 1990 s. 11. Amended 14 of 2013 s. 10)
(7) The Director may issue a permit subject to the conditions that the Director thinks fit. (Replaced 14 of 2013 s. 10)
(7A) A permit must specify the scheduled pesticide or unregistered pesticide to which it relates. (Added 14 of 2013 s. 10)
(8) The Director may at any time vary the particulars of a licence or permit or modify, add to, or cancel, the conditions of a licence or permit.

10. Cancellation or suspension of licence
Subject to section 12, the Director may cancel, or suspend for such period as he may think fit, a licence—
(a) for breach of this Ordinance;
(b) for breach of any of the conditions of the licence; or
(c) if it appears to him to be necessary in the interests of public safety.

11. Cancellation of permit
Subject to section 12, the Director may cancel a permit—
(a) for breach of this Ordinance;
(b) for breach of any of the conditions of the permit; or
(c) if it appears to him to be necessary in the interests of public safety.