### Radiation Ordinance 《輻射條例》

3A. Transaction of business by circulation of papers
(1) The Board may transact its business by circulation of a paper to all members without a meeting.
(2) Subject to subsection (4), a written resolution that is approved by a majority of the members is as valid and effectual as if it had been passed at a meeting of the Board by the votes of the members so approving.
(3) A member may, by giving a notice in writing to the Chairman of the Board within such period as may be specified in the paper being circulated, request the Chairman to refer any item of business in the paper to the next meeting of the Board for determination.
(4) Any approval under subsection (2) in respect of an item of business specified in the notice is void.
(Added 9 of 2002 s. 6)

4. Functions of the Board
The functions of the Board shall be—
(a) to grant or refuse to grant licences under this Ordinance and to impose conditions on any licence so granted;
(b) to cancel, suspend or renew licences issued under this Ordinance;
(c) to exercise any power vested in the Board under this Ordinance;
(d) to handle any other matter which under this Ordinance may or is to be referred to the Board and is referred to it.

5. Advisory, technical and medical committees
The Board may from time to time appoint such advisory, technical or medical committees as it thinks fit to advise on such matters within the scope of its functions as are referred thereto by the Board. Any person may be appointed to be a member of any such committee notwithstanding that he is not a member of the Board, but a member of the Board shall be the Chairman of any such committee.
(Amended 6 of 1961 s. 3)

6. Delegation of powers and functions
The Board may, with the consent of the Chief Executive, by notice in the Gazette, delegate to any public officer the exercise of any of the powers (or the performance of any of the duties) conferred (or imposed) upon the Board by sections 9, 10 and 12.
(Added 55 of 1970 s. 4. Amended 60 of 2000 s. 3)

### Radiation Ordinance 《輻射條例》

7. Control of radioactive substances and irradiating apparatus
(1) Subject to such exemptions as may be prescribed, no person shall, except under and in accordance with a licence issued under this Ordinance—
(a) manufacture or otherwise produce; or
(b) sell or otherwise deal in or with; or
(c) have in his possession or use,
any radioactive substance or irradiating apparatus. (Amended 26 of 1965 s. 2)
(2) Any person who contravenes any of the provisions of subsection (1) shall be guilty of an offence and shall be liable to a fine at level 5 and to imprisonment for 2 years. (Amended 46 of 1990 s. 4; E.R. 3 of 2022)
(3) This section does not apply to a radioactive substance or irradiating apparatus in transit through Hong Kong in or on a vessel or aircraft so long as it remains in or on that vessel or aircraft. (Replaced 46 of 1990 s. 5)

8. Control of prospecting for and mining radioactive minerals
(1) Notwithstanding anything contained in the Mining Ordinance (Cap. 285), no person shall prospect for or mine any radioactive mineral except under and in accordance with a licence issued under this Ordinance.
(2) If any such mineral is discovered in the course of prospecting under a prospecting licence granted under either the Prospecting and Mining Ordinance 1906 (7 of 1906), or the Mining Ordinance (Cap. 285), the holder of such licence shall immediately notify the Chief Secretary for Administration of such discovery. (Amended L.N. 362 of 1997)
(3) If any such mineral is discovered in the course of mining under a mining licence or mining lease granted under either the Prospecting and Mining Ordinance 1906 (7 of 1906), or the Mining Ordinance (Cap. 285), no such mineral shall be removed without the consent of the Chief Executive. (Amended 60 of 2000 s. 3)
(4) Any person who contravenes any of the provisions of this section shall be guilty of an offence and shall be liable to a fine at level 5 and to imprisonment for 2 years. (Amended 46 of 1990 s. 4; E.R. 3 of 2022)

### Radiation Ordinance 《輻射條例》

9. Grant, etc. of licences
(1) On application in the prescribed manner by any person desiring to obtain a licence under this Ordinance, or to renew a licence issued under this Ordinance, the Board may grant or refuse to grant a licence to the applicant or renew or refuse to renew the licence issued under this Ordinance, as the case may be.
(2) Every application for a licence under this Ordinance or for renewal of a licence issued under this Ordinance shall be accompanied by such information or particulars as may be prescribed or as the Board may require. (Amended 55 of 1970 s. 5)
(3) Every licence granted or renewed under subsection (1) shall, on payment of such fee as may be prescribed, be issued or renewed in the prescribed manner and in the appropriate prescribed form, and shall be valid, unless cancelled or suspended, for such period as the Board may determine. (Amended 55 of 1970 s. 5)

10. Cancellation and suspension of licences
(1) By notice in writing to the holder of a licence issued under this Ordinance, the Board may cancel, or for such period as it thinks fit, suspend, the licence, if the Board is satisfied that—
(a) the holder thereof or any servant or agent of such holder has been convicted of an offence against this Ordinance; or (Amended 46 of 1990 s. 6)
(b) the holder thereof or any servant or agent of such holder has committed a breach of any of the terms or conditions of the licence; or
(c) for any other reason, it is in the public interest so to do.
(2) Where any licence is cancelled or suspended under subsection (1), neither the licence fee nor any part thereof shall be returned unless the Board so directs.

11. Appeal
(1) An appeal by an applicant for or holder of a licence under this Ordinance shall lie by way of petition to the Chief Executive from any refusal to grant or renew or from any cancellation or suspension of a licence under section 9 or 10 within one month of notice being given of such refusal, cancellation or suspension.
(2) On consideration of the petition, the Chief Executive may make such order as he thinks proper and such order shall be final.
(Amended 60 of 2000 s. 3)

### Radiation Ordinance 《輻射條例》

12. Conditions of licences
(1) Any licence granted under section 9(1) shall be subject to such conditions as the Board may see fit to impose, and any conditions so imposed may at any time be varied, added to or revoked by the Board. (Amended 55 of 1970 s. 6)
(2) Without limiting the general powers conferred by subsection (1) any such condition may restrict the licence to—
(a) radioactive substances of a specified kind or specified kinds;
(b) a specified apparatus or apparatus of a specified kind or specified kinds;
(c) specified purposes.