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

9. Restriction on use of scheduled chemicals
(1) Except under and in accordance with a permit, a person shall not use any scheduled chemical.
(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 1 year.
(3) In any proceedings for an offence under subsection (1), it is a defence for the person charged to prove that he did not know and could not with reasonable diligence have known that the chemical was a scheduled chemical.

10. Issue and renewal of permits, etc.
(1) The Director may, on an application that complies with any regulation made under section 45, and subject to the compliance by the applicant with any other requirement imposed under or by virtue of any such regulation in relation to the application, issue a permit for the carrying out of the following activities—
(a) the manufacture of one or more scheduled chemicals;
(b) the export of one or more scheduled chemicals;
(c) the import of one or more scheduled chemicals;
(d) the use of one or more scheduled chemicals.
(2) The Director may, on an application that complies with any regulation made under section 45, and subject to the compliance by the applicant with any other requirement imposed under or by virtue of any such regulation in relation to the application, renew a permit issued under subsection (1).
(3) When considering whether to exercise his power under subsection (1) or (2), the Director is to have regard to other enactments that govern the activity to which the application relates.
(4) The Director may not issue or renew a permit authorizing the manufacture of any Type 1 chemical unless the chemical is only for—
(a) use for laboratory-scale research purpose;
(b) use as a reference standard for chemical analysis; or
(c) use for laboratory-scale research purpose and as a reference standard for chemical analysis.

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

11. Power of Director to impose conditions on permits
(1) Without affecting the generality of section 40(2)(b) of the Interpretation and General Clauses Ordinance (Cap. 1), the Director may, on issuing or renewing a permit under section 10, impose—
(a) any such condition as he considers appropriate that relates to any premises at which the activity authorized under the permit is to be carried out;
(b) any such condition as he considers appropriate that relates to any intended purpose or mode of operation of the activity authorized under the permit;
(c) any such condition as he considers appropriate that requires the permit holder to comply with any other enactment that governs the activity authorized under the permit; and
(d) any such condition as he considers appropriate for the protection of public health or the environment.
(2) When considering whether to impose any condition under subsection (1), or the conditions to be imposed under that subsection, the Director is to have regard to other enactments that govern the activity authorized under the permit.

12. Refusal of application for permits, etc.
If the Director decides—
(a) to refuse an application for the issue of a permit under section 10(1); or
(b) to refuse an application for the renewal of a permit under section 10(2),
he shall, by notice in writing served on the applicant, inform the applicant of his decision and the reasons for his decision.

13. Power of Director to vary permit conditions
(1) The Director may vary the conditions of a permit—
(a) on his own initiative; or
(b) on an application that complies with any regulation made under section 45, and subject to the compliance by the applicant with any other requirement imposed under or by virtue of any such regulation in relation to the application.
(2) When considering whether to vary the conditions of a permit under subsection (1), or the variation to be made under that subsection, the Director is to have regard to other enactments that govern the activity authorized under the permit.

14. Director to notify his decisions to vary or refuse to vary permit conditions
(1) If the Director decides—
(a) to vary the conditions of a permit under section 13; or
(b) to refuse an application for the variation of the conditions of a permit under section 13,
he shall, by notice in writing served on the permit holder, inform the permit holder of his decision and the reasons for his decision.
(2) Where the Director decides to vary the conditions of a permit under section 13, the notice shall state the manner in which the conditions are to be varied.

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

15. When Director’s decisions to vary permit conditions take effect
(1) Where the Director decides to vary the conditions of a permit under section 13, the variation is to take effect on the day specified in the notice referred to in section 14 for that purpose.
(2) A variation is to take effect under subsection (1) notwithstanding that an appeal has been or is to be lodged under section 42(b) against the Director’s decision.

16. Return of permits to Director after variation of permit conditions takes effect
(1) After a variation of the conditions of a permit takes effect, the conditions of the permit shall be read subject to the variation.
(2) Notwithstanding subsection (1), not later than 10 working days after the variation takes effect, the permit holder shall return the permit to the Director.
(3) A person who, without reasonable excuse, contravenes subsection (2) commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 6 months.

17. Director to issue permits with conditions varied
(1) If the conditions of a permit are varied under section 13(1), the Director shall issue a permit, with its conditions varied, to the permit holder.
(2) The Director may refuse to issue a permit under subsection (1) to a permit holder if the permit holder fails to return the permit required to be returned under section 16.
(3) A permit issued under subsection (1) is to be regarded as a permit issued under section 10(1).

18. Offences regarding contravention of permit conditions
A permit holder who contravenes a condition of his permit that falls within the description of section 11(1)(a), (b), (c) or (d) commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 6 months.

19. Power of Director to cancel permits
(1) The Director may cancel a permit if—
(a) the permit holder contravenes any provision of this Ordinance;
(b) the permit holder contravenes any condition of the permit; or
(c) the cancellation appears to the Director to be necessary for the protection of public health or the environment.
(2) If the Director decides to cancel a permit, he shall, by notice in writing served on the permit holder, inform the permit holder of his decision and the reasons for his decision.

20. When cancellation of permits takes effect
(1) Where the Director decides to cancel a permit under section 19, the cancellation is to take effect on the day specified in the notice of cancellation for that purpose.
(2) A cancellation is to take effect under subsection (1) notwithstanding that an appeal has been or is to be lodged under section 42(d) against the Director’s decision.