### Domicile Ordinance 《居籍條例》

9. Continuity of domicile
Where an individual is domiciled in a country or territory as determined in accordance with this Ordinance, he continues to be so domiciled until he acquires another domicile, whether under section 4, 5, 8 or 10.

10. Domicile in country comprising 2 or more territories
In any case where—
(a) an adult is present in a country comprising 2 or more territories and intends to make a home in that country for an indefinite period; but
(b) the application to him of the other provisions of this Ordinance does not show that he is domiciled in any particular territory within the country,
then (notwithstanding the other provisions of this Ordinance) he shall be treated, until he acquires another domicile (whether under section 5 or 8 or this section), as domiciled in the territory within that country with which he is for the time being most closely connected.

11. Closest connection
(1) In determining for the purposes of section 4, 8 or 10 the country or territory with which an individual is for the time being most closely connected, account may be taken of any relevant matter.
(2) In determining for the purposes of section 4 the country or territory with which a child is for the time being most closely connected, account shall be taken of any preference that the child may have as to the country or territory in which to have his home.
(3) In determining for the purposes of section 8 the country or territory with which an adult lacking the capacity to form the intention necessary for acquiring a domicile is for the time being most closely connected, account shall be taken of any intention that he might have, immediately before losing that capacity and as an adult, as to the country or territory in which to make a home for an indefinite period.
(4) Any matter taken into account under subsection (1), (2) or (3) may be given such weight as is appropriate in all the circumstances of the case.

12. Standard of proof
Any fact that needs to be proved for the purposes of this Ordinance shall be proved on a balance of probabilities.

13. Domicile before commencement date
The domicile that an individual had at a time before the commencement date* of this Ordinance shall be determined as if this Ordinance had not been enacted.

Editorial Note:
* Commencement date: 1 March 2009.

### Domicile Ordinance 《居籍條例》

14. Domicile on or after commencement date
(1) The domicile that an individual has at a time on or after the commencement date* of this Ordinance shall be determined as if this Ordinance (other than section 13) had always been in force.
(2) For the purposes of a determination under subsection (1), this Ordinance (other than section 13) applies in place of—
(a) the rules of common law for determining the domicile of an individual to the extent that those rules are inconsistent with this Ordinance (other than section 13); and
(b) section 11C(2) of the Matrimonial Causes Ordinance (Cap. 179), which section is repealed by this Ordinance.
(3) For the purposes of subsection (2)(a), the rules of common law for determining the domicile of an individual include (without limitation)—
(a) the rule that a domicile of origin is given to every individual at birth by operation of law;
(b) the rule that a child has a domicile of dependency;
(c) the rule that a married woman has at all times the domicile of her husband;
(d) the rule on the acquisition of the domicile of choice based on residence and intention of permanent residence;
(e) the rule on the revival of the domicile of origin;
(f) the rule that a mentally incapacitated adult retains the domicile that he had when he became mentally incapacitated for so long as he remains in that condition; and
(g) the rule that the standard of proof required to prove that an individual’s domicile changes from a domicile of origin to a domicile of choice is more onerous than that required to prove a change from a domicile of choice to another.
(4) Except as provided in this section, nothing in this Ordinance affects any rules of common law.

Editorial Note:
* Commencement date: 1 March 2009.

### Hazardous Chemicals Control Ordinance 《有毒化學品管制條例》

1. Short title
(Amended E.R. 4 of 2023)(1) This Ordinance may be cited as the Hazardous Chemicals Control Ordinance.
(2) (Omitted as spent—E.R. 4 of 2023)

### Hazardous Chemicals Control Ordinance 《有毒化學品管制條例》

3. Application of Ordinance
(1) Subject to subsections (2) and (3), this Ordinance applies to a scheduled chemical, whether or not the chemical exists alone or is a part of any preparation or product.
(2) This Ordinance does not apply to—
(a) a Type 1 chemical to the extent as provided in Part 2 of Schedule 1; and
(b) a Type 2 chemical to the extent as provided in Part 2 of Schedule 2.
(3) In this section, preparation (製劑) means a mixture or solution composed of 2 or more substances.

4. Ordinance binds Government
(1) Subject to this section, this Ordinance binds the Government.
(2) Neither the Government nor any public officer in the officer’s capacity as such is liable to be prosecuted for an offence against this Ordinance.
(3) No prescribed fee is payable by the Government.

5. Criteria under Rotterdam Convention or Stockholm Convention be followed when determining whether certain chemical is hazardous chemical
When determining whether a chemical is a hazardous chemical for the purposes of this Ordinance, the criteria to be followed as set out in or required under the Rotterdam Convention or the Stockholm Convention in determining whether a chemical should be subject to the regulation of the Convention are to be taken into account.

6. Restriction on manufacture of scheduled chemicals
(1) Except under and in accordance with a permit, a person shall not manufacture any scheduled chemical.
(2) 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.
(3) In any proceedings for an offence under subsection (1), it is a defence for the person charged to prove that he did not know and could not with reasonable diligence have known that the chemical was a scheduled chemical.

7. Restriction on export of scheduled chemicals
(1) Except under and in accordance with a permit, a person shall not export any scheduled chemical.
(2) 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.
(3) In any proceedings for an offence under subsection (1), it is a defence for the person charged to prove that he did not know and could not with reasonable diligence have known that the chemical was a scheduled chemical.

8. Restriction on import of scheduled chemicals
(1) Except under and in accordance with a permit, a person shall not import any scheduled chemical.
(2) 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.
(3) In any proceedings for an offence under subsection (1), it is a defence for the person charged to prove that he did not know and could not with reasonable diligence have known that the chemical was a scheduled chemical.