### Chemical Weapons (Convention) Ordinance 《化學武器(公約)條例》

35. Obstruction
(1) Any person who—
(a) wilfully obstructs a member of the Customs and Excise Service or an authorized officer in the exercise of any power or the performance of any duty conferred or imposed on members of the Customs and Excise Service or authorized officers by this Ordinance;
(b) fails to comply with any requirement, direction or demand given or made by a member of the Customs and Excise Service or an authorized officer in the exercise or performance of any such power or duty,
commits an offence and is liable on conviction to a fine at level 6 and to imprisonment for 6 months.
(2) Any person who knowingly makes a false report, or furnishes any false or misleading information, to a member of the Customs and Excise Service or an authorized officer in performing his duties under this Ordinance commits an offence and is liable on conviction to a fine at level 6 and to imprisonment for 6 months.

36. False or misleading statements, etc.
(1) Any person, who, in respect of—
(a) an application for the grant of a permit; or
(b) any document or other article (howsoever described) required under this Ordinance (including required under a permit or under the Convention) to be provided to the Commissioner, the Director, a member of the Customs and Excise Service, an authorized officer, or an inspection team,
makes or causes to be made any statement or furnishes or causes to be furnished any information which is false or misleading in a material particular or omits any material particular commits an offence and is liable on conviction to a fine of $200,000 and to imprisonment for 2 years, unless he satisfies the court that he did not know and had no reason to believe the statement or information to be false or misleading or the omission to be material.
(2) Any person who, without reasonable excuse, refuses or fails to provide a document or other article in accordance with a requirement referred to in subsection (1)(b) commits an offence and is liable on conviction to a fine of $200,000 and to imprisonment for 2 years.

37. Time limitation for criminal proceedings
In any case of an offence, other than an indictable offence, under this Ordinance, a complaint shall be made or an information laid in respect of the offence within 2 years or, in the case of an offence under section 35(2), 3 years from the time when the matter of the complaint or information, as the case may be, arose.

### Chemical Weapons (Convention) Ordinance 《化學武器(公約)條例》

38. Appeals
(1) The holder of, or the applicant for, a permit to which a relevant decision applies may appeal in writing to the Chief Executive in Council—
(a) against the decision; and
(b) not later than 28 days after notice of the decision was served on the holder or the applicant, as the case may be.
(2) In subsection (1), relevant decision (有關決定) means a decision of the Director to which section 10(4) applies.
(3) The Chief Executive in Council shall determine an appeal under subsection (1) by confirming, varying or reversing the decision the subject of the appeal.

39. Power of Director to specify forms
(1) Subject to subsection (2), the Director may specify the form of any document required under this Ordinance to be in the specified form and the form of such other documents required for the purposes of this Ordinance as he thinks fit.
(2) The Director’s power under subsection (1) shall be subject to any express requirement under this Ordinance for a form, whether specified or otherwise, to comply with that requirement, but that requirement shall not restrict the exercise of that power in respect of that form to the extent that, in the opinion of the Director, his exercise of that power in respect of that form does not contravene that requirement.
(3) The Director’s power under subsection (1) may be exercised in such a way as to—
(a) include in the specified form of any document referred to in that subsection a statutory declaration—
(i) to be made by the person completing the form; and
(ii) as to whether the particulars contained in the form are true and correct to the best of that person’s knowledge and belief;
(b) specify 2 or more forms of any document referred to in that subsection, whether as alternatives, or to provide for particular circumstances or particular cases, as the Director thinks fit.
(4) A form specified under this section shall be—
(a) completed in accordance with such directions and instructions as are specified in the form;
(b) accompanied by such documents as are specified in the form; and
(c) if the completed form is required to be provided to—
(i) the Director;
(ii) another person on behalf of the Director; or
(iii) any other person,
so provided in the manner and within the period, if any, specified in the form.

40. Power to amend Schedules
(1) The Secretary for Commerce and Economic Development may by order amend Schedule 1, 2 or 3 in order to effect changes made to the Convention under Article XV of the Convention. (Amended L.N. 130 of 2007)
(2) The Financial Secretary may by order amend Schedule 4.

### Chemical Weapons (Convention) Ordinance 《化學武器(公約)條例》

41. Service of notices
Subject to section 21(6) and (10), a notice (howsoever described) which is required to be served under this Ordinance, or which may be served under this Ordinance, on a person (howsoever described) shall, in the absence of evidence to the contrary, be deemed to be so served if—
(a) in the case of an individual, it is—
(i) delivered to him;
(ii) left at his last known address for service, or at his last known place of residence or business, in Hong Kong;
(iii) sent by post to him at his last known address for service, or at his last known postal address, in Hong Kong; or
(iv) sent by telex, facsimile transmission or other similar method to him at his last known address for service, or at his last known postal address, or at his last known place of residence or business, in Hong Kong;
(b) in the case of a company, it is—
(i) given to or served on an officer of the company;
(ii) left at the company’s last known address for service, or at its last known place of business, in Hong Kong;
(iii) sent by post to the company at its last known address for service, or at its last known postal address, in Hong Kong; or
(iv) sent by telex, facsimile transmission or other similar method to the company at its last known address for service, or at its last known postal address, or at its last known place of business, in Hong Kong;
(c) in the case of a partnership, it is—
(i) delivered, left or sent in accordance with paragraph (a) in respect of any partner who is an individual; or
(ii) given, served, left or sent in accordance with paragraph (b) in respect of any partner which is a company;
(d) in the case of a person (attorney

42. Regulations
The Chief Executive in Council may make regulations prescribing matters—
(a) required or permitted by this Ordinance to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Ordinance,
and, in particular, making provision with respect to—
(c) the making of reports to the Organization in compliance with Hong Kong’s obligations under the Convention;
(d) offences in respect of contraventions of the regulations including the imposition in respect of any such offence of a fine not exceeding level 6 and of imprisonment for a period not exceeding 2 years.