### Mercury Control Ordinance 《汞管制條例》

39. Director may give disposal direction on cancellation
(1) If a permit is cancelled under section 35, the Director may, by written notice, give a direction to the former permit holder as to the disposal of the following things that are in Hong Kong and in the holder’s control or possession—
(a) any chemicals that might be exported, imported, kept or used but for the cancellation of the permit; and
(b) any thing that contains the chemicals.
(2) If the Director intends to give a direction under subsection (1), the Director must, by written notice, notify the former permit holder of—
(a) the intention;
(b) the proposed direction;
(c) the grounds for giving the direction;
(d) the proposed period within which the direction is to be complied with; and
(e) the holder’s right to make representations under subsection (3).
(3) The former permit holder may, within 28 days after the date of the written notice given under subsection (2) (or a longer period the Director allows), make representations in writing to the Director objecting to the proposed direction.
(4) If representations are made under subsection (3), the Director may give a direction under subsection (1) only after considering those representations.
(5) The Director, once having decided to give a direction under subsection (1), must—
(a) by written notice notify the former permit holder of the direction; and
(b) specify in the notice—
(i) the grounds for giving the direction; and
(ii) the period within which the direction is to be complied with.
(6) A person who, without reasonable excuse, fails to comply with a direction given under subsection (1) within the period specified under subsection (5) commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 6 months.

40. Variation of disposal direction on application
(1) A former permit holder may apply to the Director for variation of a direction given to the holder under section 39.
(2) The application may only be made within 10 days after the date of the holder’s receiving the written notice given under section 39(5) from the Director.
(3) The Director may, on the application—
(a) approve the application; or
(b) refuse the application.

41. Application of Division 4 of Part 3
This Division applies in relation to an application made under this Part.

### Mercury Control Ordinance 《汞管制條例》

42. How to make application
(1) An application—
(a) must be in the specified form;
(b) must be accompanied by the information, documents and particulars specified in the specified form; and
(c) if not made by the Government—must be accompanied by the prescribed fee.
(2) For an application under section 31 to vary a condition imposed under this Part in respect of a permit, the applicant must state in the application—
(a) how the applicant would like the condition to be varied; and
(b) the grounds for the proposed variation.
(3) For an application under section 40 to vary a direction, the applicant must state in the application—
(a) how the applicant would like the direction to be varied; and
(b) the grounds for the proposed variation.

43. Director may require information etc. for determining application
(1) For determining an application, the Director may require the applicant to provide further information, documents and particulars that are reasonably necessary to enable the Director to determine the application.
(2) If the applicant fails to comply with a requirement made under subsection (1), the Director—
(a) may refuse to process the application further; or
(b) may refuse the application.

44. Notice of intention to refuse application
(1) If the Director intends to refuse an application, the Director must, by written notice, notify the applicant of—
(a) the intention;
(b) the grounds for the proposed refusal; and
(c) the applicant’s right to make representations under subsection (2).
(2) The applicant may, within 28 days after the date of the written notice (or a longer period the Director allows), make representations in writing to the Director objecting to the proposed refusal.
(3) If representations are made under subsection (2), the Director may refuse the application only after considering those representations.

45. Notice of decision
The Director must, by written notice, notify the applicant of—
(a) the Director’s decision on the application;
(b) if the Director approves an application under section 31 to vary a condition imposed under this Part in respect of a permit—
(i) how the condition is to be varied; and
(ii) the date on which the variation takes effect;
(c) if the Director approves an application under section 40 to vary a direction—
(i) how the direction is to be varied; and
(ii) the date on which the variation takes effect; and
(d) if the Director refuses the application—the grounds for the refusal.

46. Interpretation of Part 4
In this Part—
premises (處所) includes any transport.

### Mercury Control Ordinance 《汞管制條例》

47. Limitation on exercise of power under Divisions 2 and 3
Divisions 2 and 3 do not empower an authorized officer to exercise any of the powers under those Divisions in relation to—
(a) an article in transit;
(b) an air transhipment cargo; or
(c) a thing falling within the description of section 6(f).

48. Power to inspect document and record kept under regulatory requirement etc.
(1) For ascertaining whether a regulatory requirement has been or is being complied with, an authorized officer may by written notice—
(a) require the holder of an export permit, import permit or possession permit, or a former permit holder (within the meaning of section 33), to provide for inspection a document or record that relates to the compliance with the regulatory requirement;
(b) require a person to provide for inspection a document or record that is required to be kept by the person under a regulatory requirement; and
(c) require a person mentioned in paragraph (a) or (b) to provide further particulars or explanations in respect of a document or record provided by the person.
(2) An authorized officer—
(a) may make copies, or otherwise record the details, of a document or record provided in compliance with a requirement made under subsection (1); and
(b) may retain the document or record for a period that is reasonably necessary for further examination or copying or otherwise recording.
(3) A person who, without reasonable excuse, fails to comply with a requirement made under subsection (1) commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 6 months.

49. Power to enter non-dwelling premises for ascertaining compliance with regulatory requirement
(1) For ascertaining whether a regulatory requirement has been or is being complied with (purpose of entry

50. Power to stop and detain
(1) If an authorized officer has reasonable grounds to believe that a person has contravened, is contravening or is about to contravene this Ordinance or a regulatory requirement (contravention

51. Power to obtain document and record etc. for investigation
(1) This section applies if an authorized officer has reasonable grounds to believe that—
(a) this Ordinance or a regulatory requirement has been, is being or is about to be contravened (contravention

52. Power to retain and seize things etc.
(1) An authorized officer may retain, seize and remove—
(a) any thing in respect of which the officer has reasonable grounds to believe that this Ordinance or a regulatory requirement has been, is being or is about to be contravened (contravention