### Hazardous Chemicals Control Ordinance 《有毒化學品管制條例》

41. Liability of employers
(1) Any act done or omission made by a person in the course of his employment (the employee

42. Appeals to Administrative Appeals Board
A person aggrieved by a decision of the Director relating to—
(a) the refusal of an application for the issue or renewal of a permit under section 10;
(b) the variation of the conditions of a permit under section 13 by the Director on his own initiative;
(c) the refusal of an application for the variation of the conditions of a permit under section 13;
(d) the cancellation of a permit under section 19;
(e) the refusal of an application for the variation of the directions given by the Director under section 23; or
(f) the suspension of a permit under section 27, 
may appeal to the Administrative Appeals Board against that decision.

43. Admissibility of documents, etc.
A document purporting to be a document given or issued by the Secretary or the Director and purporting to be signed by him or a public officer authorized by him in that behalf is admissible in evidence in any proceedings without further proof and, in the absence of evidence to the contrary—
(a) is to be regarded as a document given or issued by the Secretary or the Director (as the case may be) and as so signed; and
(b) is evidence of the facts stated in it.

44. Service of notices, etc.
A notice or other document (however described) required or permitted to be served or sent (however described) under this Ordinance is to be regarded as having been duly served or sent if—
(a) in the case of the Director—
(i) it is addressed to the Director and delivered to him at his principal office; or
(ii) it is sent to him by registered post addressed to him at his principal office;
(b) in the case of an individual—
(i) it is addressed to the individual and delivered to him by personal service; or
(ii) it is sent to the individual by registered post addressed to the individual at the individual’s last known address; or
(c) in the case of a body corporate—
(i) it is addressed to the body corporation, delivered to any place in Hong Kong at which the body carries on business and given to a person apparently concerned in the management of, or apparently employed by, the body; or
(ii) it is sent to the body by registered post addressed to the body at the body’s last known address.

### Hazardous Chemicals Control Ordinance 《有毒化學品管制條例》

45. Power of Secretary to make regulations—General
(1) The Secretary may make regulations for the better carrying out of the provisions of this Ordinance.
(2) Without affecting the generality of subsection (1), the Secretary may by regulation—
(a) provide for—
(i) applications for the issue or renewal of permits, including the information, particulars and documents to be supplied in respect of such applications and the period within which such applications are to be made;
(ii) applications for the variation of the conditions of permits, including the information, particulars and documents to be supplied in respect of such applications and the period within which such applications are to be made;
(iii) applications for the variation of the directions of the Director regarding the disposal of scheduled chemicals, including the information, particulars and documents to be supplied in respect of such applications and the period within which such applications are to be made; and
(iv) applications for duplicates of permits, including the information, particulars and documents to be supplied in respect of such applications and the period within which such applications are to be made;
(b) provide for the imposition of requirements by the Director in relation to the applications referred to in paragraph (a);
(c) provide for the duration of permits;
(d) require fees to be paid in respect of the applications referred to in paragraph (a) and any other matter provided for in this Ordinance;
(e) prescribe anything which is to be or may be prescribed under any regulation made under this section; and
(f) provide for incidental, consequential and transitional provisions that are necessary or expedient in consequence of the regulations.
(3) A regulation made under this section may—
(a) make different provisions for—
(i) different classes, kinds or descriptions of chemicals; and
(ii) different purposes, circumstances or cases; and
(b) provide that a contravention of the regulation shall be an offence and may, in respect of the offence, provide for a penalty of a fine not exceeding level 3 and imprisonment for 1 year.

46. Power of Secretary to make regulations—Fees
(1) The Secretary may by regulation prescribe the fees payable under this Ordinance.
(2) Without affecting the generality of section 29 of the Interpretation and General Clauses Ordinance (Cap. 1), a regulation made under subsection (1) may make different provisions for— (Amended E.R. 4 of 2023)
(a) different classes, kinds or descriptions of chemicals; and
(b) different purposes, circumstances or cases.

47. Exemptions
(1) The Secretary may, in any particular case, exempt in writing any person or chemical, or any class of persons or chemicals, from any provision of this Ordinance.
(2) An exemption under this section may be granted subject to such conditions as the Secretary considers appropriate.

### Hazardous Chemicals Control Ordinance 《有毒化學品管制條例》

48. Delegation
(1) The Secretary may in writing delegate any of his functions under section 47 to a public officer.
(2) The Director may in writing delegate any of his functions under this Ordinance, other than the functions under this subsection and section 38, to a public officer.
(3) In this section, functions (職能) includes powers and duties.

49. Power of Director to specify forms
The Director may specify any form to be used for the purposes of any matter provided for under this Ordinance.

50. Power of Secretary to amend Schedules
(1) The Secretary may by order published in the Gazette—
(a) add any Convention-regulated chemical, including its CAS registry number or other description, to Part 1 of Schedule 1 or 2;
(b) remove any specified chemical, including its CAS registry number or other description, from Part 1 of Schedule 1 or 2;
(c) make any amendment to Part 2 of Schedule 1 or 2 that only relates to a Convention-regulated chemical or the removal of a specified chemical; and
(d) make any amendment to Schedule 1 or 2 that is consequential, incidental or related to the addition, removal or amendment made under paragraph (a), (b) or (c).
(2) Subject to subsection (3), the Secretary may by order published in the Gazette make any other amendment to Schedule 1 or 2.
(3) An order made under subsection (2) is subject to the approval of the Legislative Council.
(4) An order made under subsection (2) may, where the Secretary considers desirable, include any matters that may be included in an order made under subsection (1).
(5) For the purposes of subsection (1)—
(a) a chemical is a Convention-regulated chemical if the chemical is subject to the regulation of the Rotterdam Convention or the Stockholm Convention on the relevant day; and
(b) a chemical is a specified chemical if, at some time before the relevant day, the chemical has been subject to the regulation of the Rotterdam Convention or the Stockholm Convention but is no longer subject to such regulation on that day.
(6) In subsection (5), relevant day (有關日期) means the day on which the Secretary makes the order under subsection (1)(a) or (b) in respect of the chemical concerned.

51. Protection of public officers
(1) A public officer is not personally liable for any civil liability or claim whatever in respect of any act done or omitted to be done by the officer if the officer did or omitted to do the act in the honest belief that the act or omission was required or authorized by or under this Ordinance.
(2) The protection conferred by subsection (1) does not in any way affect the liability of the Government for the act or omission of the public officer.

### Hazardous Chemicals Control Ordinance 《有毒化學品管制條例》

52. (Omitted as spent—E.R. 1 of 2015)

### Tsing Sha Control Area Ordinance 《青沙管制區條例》

1. Short title
(Amended E.R. 4 of 2023)(1) This Ordinance may be cited as the Tsing Sha Control Area Ordinance.
(2) (Omitted as spent—E.R. 4 of 2023)