### Control of Chemicals Ordinance 《化學品管制條例》

15. Offences and penalties
(1) Any person who contravenes any of the provisions of section 2A, 3, 3A, 4, 5, 6 or 7 shall be guilty of an offence and shall be liable— (Amended 64 of 1994 s. 13)
(a) on conviction on indictment, to a fine of $1,000,000 and to imprisonment for 15 years; and
(b) on summary conviction to a fine of $500,000 and to imprisonment for 3 years.
(2) Any person who, being the holder of a licence or permit or being the person to whom a licence or permit has been issued, fails to surrender his licence or permit when required under section 8(4) or 9(4) shall be guilty of an offence and shall be liable on conviction to a fine at level 3 and to imprisonment for 1 year. (Amended L.N. 189 of 1975)
(3) Any person who—
(a) fails to comply with a requirement of a public officer under section 12(3)(b); or
(b) obstructs a public officer in the exercise of any power conferred on him under section 12,
shall be guilty of an offence and shall be liable on conviction to a fine at level 2 and to imprisonment for 6 months.
(4) Any person who—
(a) for the purpose of obtaining, whether for himself or for any other person, the issue or renewal of a licence or permit, makes any declaration or statement which is false in a material particular; or
(b) knowingly utters, produces or makes use of any such declaration or statement or a document containing any such declaration or statement,
shall be guilty of an offence and shall be liable on conviction to a fine at level 3 and to imprisonment for 3 years.
(Amended E.R. 1 of 2022)

### Control of Chemicals Ordinance 《化學品管制條例》

16. Regulations
(1) The Chief Executive in Council may make regulations for all or any of the following matters— (Amended 15 of 1999 s. 3)
(a) the issue of licences and permits for the purposes of this Ordinance;
(b) the records to be kept, returns to be made and information and particulars to be given by a person holding a licence or permit;
(c) fees and charges;
(d) (i) the storage of controlled chemicals;
(ii) the registration of premises in connexion with the importing, exporting, manufacturing, processing, storage, distribution, sale or other dealing in controlled chemicals; and
(iii) the cancellation, revocation and suspension of any such registration; (Amended 64 of 1994 s. 14)
(e) the material, colour and markings of packages, bottles and other containers for controlled chemicals; (Amended 64 of 1994 s. 14)
(f) generally for the better carrying out of the provisions and purposes of this Ordinance.
(2) Regulations under this section may provide that a contravention of any such regulations shall be an offence and shall be punishable on conviction by a fine not exceeding level 6 and imprisonment for a term not exceeding 2 years. (Amended 44 of 1975 s. 2; E.R. 1 of 2022)

### Control of Chemicals Ordinance 《化學品管制條例》

17. Protection of informers
(1) Save as provided in subsection (2)—
(a) no information for an offence under this Ordinance shall be admitted in evidence in any civil or criminal proceeding; and
(b) no witness in any civil or criminal proceedings shall be obliged—
(i) to disclose the name or address of any informer who has given information to the Customs and Excise Service or police with respect to an offence under this Ordinance or of any person who has assisted the police in any way with respect to such an offence; or (Amended 46 of 1977 s. 18)
(ii) to answer any question if the answer thereto would lead, or could tend to lead, to discovery of the name or address of such informer or person,
if, in either case, such informer or person is not himself a witness in such proceeding, and, if any books, documents or papers which are in evidence or liable to inspection in any civil or criminal proceedings contain an entry in which any such informer or person is named or described or which might lead to his discovery, the court shall cause all such passages to be concealed from view or to be obliterated so far as may be necessary to protect the informer or such other person from discovery.
(2) If in any proceedings before a court for an offence under this Ordinance the court, after full inquiry into the case, is satisfied that an informer wilfully made a material statement which he knew or believed to be false or did not believe to be true, or if in any other proceeding a court is of opinion that justice cannot be fully done between the parties thereto without disclosure of the name of the informer or a person who has assisted the Customs and Excise Service or police, the court may permit inquiry and require full disclosure concerning the informer or such person. (Amended 46 of 1977 s. 18)

18. Appeals
(1) Any person aggrieved by a decision of the Commissioner relating to—
(a) the issue of a licence or permit;
(b) the refusal to issue a licence or permit;
(c) the cancellation or suspension of a licence or permit;
(d) the cancellation or variation of any condition or the specification of a new condition in any licence or permit,
may, within 28 days from the date when he was informed of the decision, appeal to the Administrative Appeals Board.
(2) A decision that is appealed against under subsection (1)(a), (c) or (d) shall be suspended in its operation as from the day on which the appeal is made until such appeal is disposed of, withdrawn or abandoned unless such suspension would, in the opinion of the Commissioner, be contrary to the public interest and the notice of the decision contains a statement to that effect.
(Replaced 6 of 1994 s. 43)

### Control of Chemicals Ordinance 《化學品管制條例》

18A. Power to amend Schedules
(1) The Secretary for Security may by order amend Schedules 1 and 2.
(2) The Chief Executive in Council may by order amend Schedule 3. (Amended 15 of 1999 s. 3)
(Added 64 of 1994 s. 15)

19. Saving
Nothing in this Ordinance shall be taken as affecting the application to any controlled chemical of any of the provisions of the Dangerous Goods Ordinance (Cap. 295) and Pharmacy and Poisons Ordinance (Cap. 138) which may be applicable thereto.
(Amended 64 of 1994 s. 16)

### Control of Chemicals Regulations 《化學品管制規例》

1. Citation
These regulations may be cited as the Control of Chemicals Regulations.
(64 of 1994 s. 19)

2. Application for licence or permit
(1) An application for a licence or permit shall—
(a) be in writing, in such form; and
(b) contain such particulars,
as the Commissioner may require. (L.N. 294 of 1982)
(2) Within 14 days of the receipt of an application for a licence or permit the Commissioner may— (L.N. 294 of 1982)
(a) issue the licence or permit; or
(b) give notice in writing to the applicant of his refusal to issue the licence or permit.