### Air Pollution Control Ordinance 《空氣污染管制條例》

76. Appointment and duties of registered asbestos laboratories
(1) An owner of premises who is required to carry out sampling, measurement or analysis of a substance containing, or suspected to contain, asbestos containing material in the premises to comply with an asbestos management plan or an asbestos abatement plan or otherwise to comply with this Part, shall appoint a registered asbestos laboratory to carry out the sampling, measurement or analysis.
(2) If a registered asbestos laboratory so appointed becomes unwilling to act or unable to act, whether by reason of the termination of its appointment or for any other reason, the owner shall appoint another registered asbestos laboratory and notify the Authority.

77. Offences
(1) A person who implements or causes the implementation of an asbestos management plan or asbestos abatement plan contrary to section 74 commits an offence.
(2) A person who implements or causes the implementation of an asbestos abatement plan or carries out or causes the carrying out of work involving the use or handling of asbestos containing material contrary to section 75 commits an offence.
(3) A person who carries out or causes the carrying out of the sampling, measurement or analysis of a substance containing or suspected to contain asbestos containing material contrary to section 76 commits an offence.
(4) A person who does not follow the specifications, steps or measures specified in an asbestos management plan or an asbestos abatement plan and any additional measures or steps stipulated by the Authority and any conditions imposed on the plan by the Authority commits an offence.
(5) A person who is convicted of an offence under this section is liable to a fine of $200,000 and to imprisonment for 6 months and to a further fine of $20,000 for each day during the whole or part of which the court is satisfied that the offence has continued.

78. Defences
(1) It is a defence for a person charged under section 77 in respect of any work in the premises or any part of the premises if the person establishes that—
(a) the person carried out the work, or caused or permitted the work to be carried out, in an emergency situation that did not permit the person to comply with that section without risk to human life or serious disruption to a public service; or
(b) the person did not know and could not have reasonably known of the presence of asbestos containing material in the premises or that part of the premises at the time when the person carried out the work, or caused or permitted the work to be carried out.
(2) The person is taken to have established a fact that needs to be established for the defence if—
(a) there is sufficient evidence to raise an issue with respect to the fact; and
(b) the contrary is not proved by the prosecution beyond reasonable doubt.
(Replaced 1 of 2014 s. 5)

### Air Pollution Control Ordinance 《空氣污染管制條例》

80. Ban on use, supply, import and transhipment of asbestos or asbestos containing material
(1) Subject to sections 82 and 83, a person must not—
(a) use, supply, import or tranship asbestos or asbestos containing material; or
(b) cause or permit the use, supply, import or transhipment of asbestos or asbestos containing material.
(2) A person who contravenes subsection (1)(a) or (b) commits an offence and is liable on conviction to a fine of $200,000 and to imprisonment for 6 months.
(3) For subsection (1), if a person imported asbestos or asbestos containing material that—
(a) is consigned on a through bill of lading or a through air waybill from a place outside Hong Kong to another place outside Hong Kong;
(b) is or is to be removed from the vessel, vehicle or aircraft on which it was imported; and
(c) is or is to be—
(i) returned to the same vessel, vehicle or aircraft before being exported; or
(ii) transferred to another vessel, vehicle or aircraft before being exported,
the person tranships the asbestos or asbestos containing material.
(4) For subsection (3)(c), it does not matter whether the asbestos or asbestos containing material—
(a) is or is to be directly transferred between those vessels, vehicles or aircrafts; or
(b) is to be landed in Hong Kong after its importation and stored pending exportation.
(5) In subsection (1)—
supply (供應) includes—
(a) supply without consideration;
(b) offer or expose for supply;
(c) sell, or offer or expose for sale; and
(d) hire out, or offer or expose for hiring out;

use (使用), in relation to asbestos or asbestos containing material, means—
(a) affixing, applying, spraying or installing asbestos or asbestos containing material on or in any premises;
(b) adding, mixing or inserting asbestos or asbestos containing material to, with, into any material, substance, product or article for manufacturing or producing any product or substance; or
(c) wrapping any material, substance, product or article with asbestos or asbestos containing material.

(Replaced 1 of 2014 s. 7)

### Air Pollution Control Ordinance 《空氣污染管制條例》

81. Defence for offence under section 80
(1) It is a defence for a person charged under section 80(2) for an article if the person establishes that at the time of the alleged offence the person did not know and could not have reasonably known that the article is asbestos or asbestos containing material.
(2) The person is taken to have established a fact that needs to be established for the defence if—
(a) there is sufficient evidence to raise an issue with respect to the fact; and
(b) the contrary is not proved by the prosecution beyond reasonable doubt.
(Added 1 of 2014 s. 8)

### Air Pollution Control Ordinance 《空氣污染管制條例》

82. Non-application of section 80
(1) Section 80 does not prohibit a person from importing or transhipping, or causing or permitting the import or transhipment of, asbestos or asbestos containing material that is goods in transit.
(2) For subsection (1), it is presumed, in the absence of evidence to the contrary, that the asbestos or asbestos containing material is not goods in transit.
(3) Section 80 does not prohibit a person from supplying, importing or transhipping, or causing or permitting the supply, import or transhipment of, asbestos containing material that is proprietary Chinese medicine—
(a) registered under section 121(2) of the Chinese Medicine Ordinance (Cap. 549);
(b) deemed under section 128(2) of that Ordinance to be registered; or
(c) exempted under section 158(5) of that Ordinance from the application of section 119 of that Ordinance.
(4) Section 80 does not prohibit an exempted person for a proprietary Chinese medicine from supplying or importing, or causing or permitting the supply or import of, asbestos containing material that is the proprietary Chinese medicine.
(5) Section 80 does not prohibit a person from using asbestos or asbestos containing material in work carried out in an industrial undertaking.
(6) In this section—
exempted person (豁免人士) means a person or an institution that is exempted under section 158(1) of the Chinese Medicine Ordinance (Cap. 549) from the application of section 119 of that Ordinance in relation to a proprietary Chinese medicine;
goods in transit (過境貨品) means goods that—
(a) are brought into Hong Kong solely for being taken out of Hong Kong; and
(b) remain at all times on the vessel, vehicle or aircraft that brought the goods into Hong Kong;

industrial undertaking (工業經營) has the meaning given by section 2(1) of the Factories and Industrial Undertakings Ordinance (Cap. 59), but does not include an undertaking or agricultural operation to which that Ordinance does not apply under section 2(3) of that Ordinance;
proprietary Chinese medicine (中成藥) has the meaning given by section 2(1) of the Chinese Medicine Ordinance (Cap. 549).
(Added 1 of 2014 s. 8)