### Mercury Control Ordinance 《汞管制條例》

6. Ordinance does not apply to certain mercury etc.
This Ordinance does not apply in relation to mercury, mercury mixtures, mercury compounds or mercury-added products falling within any of the following descriptions—
(a) pesticide as defined by section 2 of the Pesticides Ordinance (Cap. 133);
(b) waste as defined by section 2 of the Waste Disposal Ordinance (Cap. 354);
(c) Chinese herbal medicine as defined by section 2 of the Chinese Medicine Ordinance (Cap. 549);
(d) article in transit;
(e) thing that is, or is a part of, an air transhipment cargo;
(f) thing that is brought into Hong Kong by a person who—
(i) arrives at the Hong Kong International Airport from a place outside Hong Kong solely for the purpose of leaving Hong Kong; and
(ii) does not pass through immigration control while in Hong Kong.

7. Ordinance does not apply to mercury etc. of trace quantity
This Ordinance does not apply in relation to mercury, mercury mixtures or mercury compounds falling within any of the following descriptions—
(a) naturally occurring trace quantities of mercury or mercury compound present in any of the following or in the products derived from any of the following—
(i) non-mercury metals;
(ii) non-mercury ores;
(iii) non-mercury mineral products (such as coal);
(b) unintentional trace quantities of mercury or mercury compound present in a chemical product.

### Mercury Control Ordinance 《汞管制條例》

8. Interpretation of Division 1 of Part 2
In this Division—
medical establishment (醫療機構) means—(a) a private healthcare facility within the meaning of the Private Healthcare Facilities Ordinance (Cap. 633) for which a licence under that Ordinance is in force;
(b) a scheduled nursing home within the meaning of the Private Healthcare Facilities Ordinance (Cap. 633) for which an exemption granted under section 128 of that Ordinance is in force;
(c) a nursing home within the meaning of the Residential Care Homes (Elderly Persons) Ordinance (Cap. 459);
(d) a hospital, maternity home or clinic managed or controlled by the Hospital Authority established under the Hospital Authority Ordinance (Cap. 113);
(e) a mental hospital within the meaning of the Mental Health Ordinance (Cap. 136); or
(f) premises used exclusively by any of the following persons in the course of the person’s practice on the person’s own account—
(i) a registered medical practitioner within the meaning of the Medical Registration Ordinance (Cap. 161);
(ii) a registered dentist within the meaning of the Dentists Registration Ordinance (Cap. 156);
(iii) a registered veterinary surgeon within the meaning of the Veterinary Surgeons Registration Ordinance (Cap. 529);

specified laboratory (指明實驗室) means—(a) a laboratory maintained by a medical establishment;
(b) a laboratory maintained by a specified institution as defined by the Second Schedule to the Education Regulations (Cap. 279 sub. leg. A);
(c) a science laboratory as defined by regulation 2 of the Education Regulations (Cap. 279 sub. leg. A);
(d) a medical laboratory supervised by a registered medical laboratory technologist (within the meaning of the Medical Laboratory Technologists (Registration and Disciplinary Procedure) Regulations (Cap. 359 sub. leg. A)); or
(e) a laboratory accredited under the Hong Kong Laboratory Accreditation Scheme managed by the Commissioner for Innovation and Technology on behalf of the Government.

### Mercury Control Ordinance 《汞管制條例》

9. Prohibition on export of Part 1 chemical
(1) A person must not export Part 1 chemicals except under an export permit.
(2) Subsection (1) does not apply if—
(a) the Part 1 chemical is exported for use for laboratory-scale research or as a reference standard;
(b) the chemical, while being exported, is contained in packages or containers, and the total quantity of mercury in the type of chemical to which the chemical belongs in each package or container does not exceed 250 g; and
(c) the total quantity of mercury in that type of chemical to be exported in the shipment by the person does not exceed 5 kg.
(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.

10. Prohibition on import of Part 1 chemical
(1) A person must not import Part 1 chemicals except under an import permit.
(2) Subsection (1) does not apply if—
(a) the Part 1 chemical is imported for use for laboratory-scale research or as a reference standard;
(b) the chemical, while being imported, is contained in packages or containers, and the total quantity of mercury in the type of chemical to which the chemical belongs in each package or container does not exceed 250 g; and
(c) the total quantity of mercury in that type of chemical to be imported in the shipment by the person does not exceed 5 kg.
(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.

11. Prohibition on keeping of Part 2 chemical
(1) A person must not keep Part 2 chemicals except under a possession permit.
(2) Subsection (1) does not apply if—
(a) the Part 2 chemical is kept in a specified laboratory for use for laboratory-scale research or as a reference standard; and
(b) the total quantity of mercury in the type of chemical to which the chemical belongs being kept in the laboratory does not exceed 500 g.
(3) For the purposes of subsection (2), if—
(a) 2 or more separate specified laboratories are situated on the same floor of a building; and
(b) the operation of those laboratories is supervised by the same person (whether alone or jointly with another person),
those laboratories are regarded as a single laboratory.
(4) 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.