### Ozone Layer Protection Ordinance 《保護臭氧層條例》

5. Registration
(1) Where the Director is satisfied that a person—
(a) was, before the commencement of this Ordinance, an importer or exporter of scheduled substances; or
(b) bona fide intends to import or export scheduled substances if granted a licence under section 6,
the Director may, on application to him in a form specified by him and on payment of the prescribed registration fee, register the person under this section.
(2) It is a condition of continued registration that the registrant bona fide intends to import or export scheduled substances if granted a licence under section 6.
(3) The Director may, at the time of registration or at any time after giving written notice to a registrant, impose conditions of registration that are reasonably related to Hong Kong’s obligations referred to in section 6(4)(a) or to the measures referred to in section 6(4)(b).
(4) Registration under this section does not entitle a person to a licence under section 6.
(5) The Director shall issue a certificate of registration in a form specified by him to a person who is registered under this section and the condition of registration under subsection (2) and any conditions of registration imposed under subsection (3) shall be set out in the certificate.
(6) Where the Director specifies an expiry date in a certificate of registration, the registration ceases to have effect after that date.
(7) If the Director refuses to register an applicant, the Director shall serve on the applicant, by personal service or by post, a notice stating the reasons for his refusal.
(8) A person registered under this section who contravenes a condition of registration relating to him commits an offence and is liable to a fine at level 4. (Amended E.R. 3 of 2021)

6. Licence to import or export scheduled substances
(1) The Director may, on the application of a person registered under section 5 and on payment of the prescribed licence fee, issue in respect of a specified consignment of a scheduled substance— (Amended 33 of 2003 s. 6)
(a) an import licence to import the scheduled substance (import licence

### Ozone Layer Protection Ordinance 《保護臭氧層條例》

7. Cancellation of registration or licence
(1) The Director may at any time cancel a registration or licence where he considers that a condition of the registration or licence has been contravened or that the registration was made or licence was issued as a result of an error or an unlawful act of the applicant or a false representation of a fact made by him.
(2) The Director shall, by personal service or by post, serve on the person whose registration or licence is cancelled a notice of the cancellation stating the reasons for the cancellation.
(3) Within 10 days after being served with a notice of cancellation the person served shall deliver the relevant certificate of registration or licence to the Director.
(4) Where the person served is not given an opportunity to be heard before his registration or licence is cancelled, he may apply to the Director to review his decision and the Director may, after hearing the applicant, reinstate the registration or licence, subject to any conditions he may impose.
(5) A person who fails to deliver a cancelled certificate of registration or licence in compliance with subsection (3) commits an offence and is liable to a fine at level 4. (Amended E.R. 3 of 2021)

8. Appeal to Administrative Appeals Board
(1) A person who is aggrieved by a decision made in respect of him by the Director under section 5, 6 or 7 or under provisions of the regulations that may be specified to be subject to an appeal under this section may, within 28 days after receiving notice of the decision, appeal to the Administrative Appeals Board.
(2) The Director shall take such action as is necessary to give effect to the Administrative Appeals Board’s decision.
(Amended 6 of 1997 s. 3)

9. Appointment of authorized officers
The Director may authorize in writing any public officer to exercise any powers and perform any duties conferred or imposed on an authorized officer by this Ordinance.

### Ozone Layer Protection Ordinance 《保護臭氧層條例》

11. Special powers of authorized officers
(1) An authorized officer may enter and search any place or premises (other than domestic premises) if he reasonably suspects that there is in or on that place or premises anything in respect of which an offence has been committed under this Ordinance or which is, or contains, evidence of the commission of such offence.
(2) An authorized officer may seize anything, other than an aircraft, vessel or vehicle— (Amended E.R. 1 of 2019)
(a) in respect of which he reasonably suspects that an offence has been committed under this Ordinance; or
(b) which he reasonably suspects to be, or to contain, evidence of the commission of such an offence.
(3) An authorized officer may enter and search any premises (other than domestic premises) or place connected with the manufacture, processing, production, storage, distribution or sale of anything in respect of which a licence has been issued under this Ordinance.
(4) An authorized officer who seizes anything under this section shall, as soon as reasonably practicable, give a receipt for it, and he may permit any person who would be entitled to have possession of it, or be entitled to inspect it but for its seizure, to inspect it at any reasonable time and to photograph or make copies of it.

12. Ancillary powers of investigation of suspected offence
An authorized officer may—
(a) use such force as is reasonably necessary to enter any place or premises which he is empowered by section 10 or 11 to enter and search;
(b) use such force as is reasonably necessary to remove a person or thing obstructing him in the exercise of a power conferred or the performance of a duty imposed on him by section 10 or 11;
(c) detain a person found in any place or premises which he is empowered by section 10 or 11 to search until the premises or place has been searched;
(d) search the person and property and effects of a person whom he reasonably suspects of being guilty of an offence under this Ordinance, but no person shall be searched except by a person of the same sex or be searched in a public place if he objects to being so searched; and
(e) if there are reasonable grounds for believing that it is necessary for the purpose of carrying out his duties or for the effective enforcement of this Ordinance, require a person found in any place or premises which he is empowered to enter by section 10 or 11 to give details of his identity, name and address and produce evidence of his identity. (Added 26 of 1993 s. 4)
(Amended 26 of 1993 s. 3)

### Ozone Layer Protection Ordinance 《保護臭氧層條例》

13. Offences in relation to enforcement
A person who—
(a) wilfully resists, obstructs or delays any authorized officer in the exercise of any powers conferred on him by or under this Ordinance;
(b) fails without reasonable excuse to comply with any requirement made by an authorized officer under section 10, 11 or 12;
(c) in compliance or purported compliance with any such requirement produces a record or document which is incorrect or inaccurate in a material respect and which he knows to be incorrect or inaccurate or does not believe to be correct or accurate; or
(d) wilfully or recklessly gives information which is incorrect or inaccurate in a material respect or withholds information as to any of the matters in respect of which information is required to be given under this Ordinance,
commits an offence and is liable to a fine at level 6 and to imprisonment for 6 months.
(Amended E.R. 3 of 2021)