### Mercury Control Ordinance 《汞管制條例》

12. Prohibition on use of Part 2 chemical
(1) A person must not use Part 2 chemicals except under a possession permit.
(2) Subsection (1) does not apply if—
(a) section 11(1) does not apply to the keeping of the Part 2 chemical because of the operation of section 11(2); and
(b) the chemical is used in a specified laboratory for laboratory-scale research or as a reference standard.
(3) 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.

13. Prohibition on export of regulated mercury-added product
(1) A person must not export regulated mercury-added products.
(2) Subsection (1) does not apply if the regulated mercury-added product falls within a description in column 2 of Part 2 of Schedule 3.
(3) 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.

14. Prohibition on import of regulated mercury-added product
(1) A person must not import regulated mercury-added products.
(2) Subsection (1) does not apply if the regulated mercury-added product falls within a description in column 2 of Part 2 of Schedule 3.
(3) 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.

15. Prohibition on manufacture of regulated mercury-added product etc.
(1) A person must not manufacture regulated mercury-added products.
(2) Subsection (1) does not apply if the regulated mercury-added product under manufacture falls within a description in column 2 of Part 2 of Schedule 3.
(3) A person must not incorporate a regulated mercury-added product into another thing as a component.
(4) A person who contravenes subsection (1) or (3) commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 1 year.

16. Prohibition on supply of regulated mercury-added product
(1) A person must not supply regulated mercury-added products on or after the third anniversary of the commencement date* of this Ordinance.
(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.

Editorial Note:
* Commencement date : 1 December 2021.

17. Prohibition on carrying out regulated manufacturing process
(1) A person must not carry out regulated manufacturing processes.
(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.

### Mercury Control Ordinance 《汞管制條例》

18. Export permit
(1) A person may apply to the Director for an export permit in relation to the export of a batch of Part 1 chemicals.
(2) The Director may, on the application—
(a) issue an export permit to the applicant; or
(b) refuse to issue an export permit on a ground specified in section 19.
(3) On issuing an export permit, the Director may impose conditions the Director considers appropriate, including conditions regulating matters concerning the carrying out of the export such as—
(a) the date on which, or the period within which, the export may be carried out;
(b) the manner in which the export is to be carried out; and
(c) the place at which the batch of chemicals is to be loaded onto any transport for export.
(4) The following are to be specified in an export permit—
(a) the date on which the permit takes effect;
(b) the validity period of the permit;
(c) if conditions are imposed in respect of the permit under subsection (3)—the conditions.

19. Grounds for refusing to issue export permit
The following grounds are specified for the purposes of section 18(2)(b) in relation to an application for an export permit to export a batch of Part 1 chemicals—
(a) the Director is not satisfied that the relevant government authority of the place to which the batch of chemicals is proposed to be exported would allow the batch of chemicals to be imported;
(b) the Director is satisfied that refusing the application is necessary for protecting the public health or environment.

20. Import permit
(1) A person may apply to the Director for an import permit in relation to the import of a batch of Part 1 chemicals.
(2) The Director may, on the application—
(a) issue an import permit to the applicant; or
(b) refuse to issue an import permit on a ground specified in section 21.
(3) On issuing an import permit, the Director may impose conditions the Director considers appropriate, including conditions regulating matters concerning the carrying out of the import such as—
(a) the date on which, or the period within which, the import may be carried out;
(b) the manner in which the import is to be carried out; and
(c) the place at which the batch of chemicals is to be unloaded from any transport.
(4) The following are to be specified in an import permit—
(a) the date on which the permit takes effect;
(b) the validity period of the permit;
(c) if conditions are imposed in respect of the permit under subsection (3)—the conditions.

### Mercury Control Ordinance 《汞管制條例》

21. Grounds for refusing to issue import permit
The following grounds are specified for the purposes of section 20(2)(b) in relation to an application for an import permit to import a batch of Part 1 chemicals—
(a) the Director is satisfied that the batch of chemicals is to be imported solely for re-export;
(b) the Director is not satisfied that the batch of chemicals, if imported, would be kept in an environmentally sound manner as required by the Convention;
(c) the Director is not satisfied that the batch of chemicals, if imported, would be used for a purpose permitted under the Convention;
(d) the Director is satisfied that refusing the application is necessary for protecting the public health or environment.

22. Possession permit
(1) A person may apply to the Director for a possession permit in relation to the keeping and use of a batch of Part 2 chemicals.
(2) The Director may, on the application—
(a) issue a possession permit to the applicant; or
(b) refuse to issue a possession permit on a ground specified in section 23.
(3) On issuing a possession permit, the Director may impose conditions the Director considers appropriate, including—
(a) conditions regulating matters concerning the keeping of the batch of chemicals such as—
(i) the place or premises at or on which the batch of chemicals is to be kept; and
(ii) the manner in which the batch of chemicals is to be kept; and
(b) conditions regulating matters concerning the use of the batch of chemicals such as—
(i) the purpose for which the batch of chemicals may be used; and
(ii) the manner in which the batch of chemicals is to be used.
(4) The following are to be specified in a possession permit—
(a) the date on which the permit takes effect;
(b) the validity period of the permit;
(c) if conditions are imposed in respect of the permit under subsection (3)—the conditions.

23. Grounds for refusing to issue possession permit
The following grounds are specified for the purposes of section 22(2)(b) in relation to an application for a possession permit to keep and use a batch of Part 2 chemicals—
(a) the Director is not satisfied that the applicant has the ability to keep the batch of chemicals in an environmentally sound manner as required by the Convention;
(b) the Director is not satisfied that the batch of chemicals would be used for a purpose permitted under the Convention;
(c) the Director is satisfied that refusing the application is necessary for protecting the public health or environment.