### Control of Chemicals Ordinance 《化學品管制條例》

5. Manufacture of substance specified in Schedule 1 or 2
Save under and in accordance with a licence and on premises specified in such licence, no person shall manufacture any substance specified in Schedule 1 or 2 or do any act preparatory to or for the purpose of such manufacture.
(Amended 64 of 1994 s. 8)

6. Possession of acetylating substance
Save under and in accordance with a licence, no person shall have in his possession any acetylating substance unless the same is in transit.

7. Substance specified in Schedule 1 or 2 in transhipment
(1) Save under and in accordance with a removal permit issued by the Commissioner, no person shall—
(a) remove any substance specified in Schedule 1 or 2 which is in transhipment from the vessel, aircraft or vehicle in or on which it was imported into Hong Kong; or
(b) in any way move any substance specified in Schedule 1 or 2 within Hong Kong after its removal from the vessel, aircraft or vehicle in or on which it was imported into Hong Kong.
(2) Except on the instructions in writing of the Commissioner, no person shall wilfully open or break any container containing a substance specified in Schedule 1 or 2 which is in transit or in transhipment.
(Amended L.N. 294 of 1982; 64 of 1994 s. 9)

8. Conditions and form of licence or permit
(1) A licence or permit shall—
(a) be subject to such conditions; and
(b) be in such form,
as the Commissioner may specify.
(2) A licence or permit shall be valid for the period stated in the licence or permit.
(3) The Commissioner may at any time alter the particulars of a licence or permit or cancel or vary any conditions or specify new conditions.
(4) Where the Commissioner—
(a) alters any of the particulars of a licence or permit; or
(b) cancels or varies the conditions of a licence or permit or imposes new conditions,
he shall notify the holder of the licence or permit who shall forthwith surrender his licence or permit to the Commissioner.
(5) Where the holder of a licence or permit surrenders his licence or permit to the Commissioner under subsection (4), the Commissioner shall issue him with a new licence or permit.
(Amended L.N. 294 of 1982)

### Control of Chemicals Ordinance 《化學品管制條例》

9. Cancellation or suspension of licence or permit
(1) The Commissioner may at any time cancel or suspend a licence or permit—
(a) at the request of the holder of the licence or permit;
(b) if any condition of the licence or permit is contravened;
(c) if the holder of the licence or permit or a person employed by him commits an offence under this Ordinance;
(d) if the Commissioner is satisfied that the licence was issued by him as a result of a false misrepresentation of any fact or other unlawful act of the applicant; or
(e) if the Commissioner is of opinion that it is for any reason in the public interest to cancel or suspend the licence or permit and the holder of the licence or permit, having been required to do so in writing by the Commissioner, has failed within 1 month to show good cause why the licence or permit should not be cancelled or suspended.
(2) The Commissioner may cancel a licence or permit on the death of the holder of the licence or permit.
(3) Where the Commissioner cancels or suspends a licence or permit under subsection (1), he shall forthwith notify the holder of the licence or permit and shall state the reason therefor.

(4) Where the Commissioner has notified the holder of a licence or permit under subsection (3) of the cancellation or suspension of his licence or permit, the holder of the licence or permit shall forthwith surrender the licence or permit to the Commissioner.
(5) Where a licence or permit which has been suspended is surrendered, the Commissioner shall on the termination of the period of suspension reissue the licence or permit to the holder of the licence or permit.
(Amended L.N. 294 of 1982)

10. Presumption of possession and knowledge of nature of a controlled chemical
(1) Any person who is proved to have had in his physical possession—
(a) any thing containing a controlled chemical;
(b) the keys of any baggage, briefcase, box, case, cupboard, drawer, safe-deposit box, safe or other similar container containing a controlled chemical, (Amended E.R. 1 of 2022)
(c) (Repealed 64 of 1994 s. 10)shall, until the contrary is proved, be presumed to have had the controlled chemical in his possession.
(2) Any person who is proved or presumed to have had a controlled chemical in his possession shall, until the contrary is proved, be presumed to have known the nature of the controlled chemical.
(3) The presumption provided for in this section shall not be rebutted by proof that the defendant never had physical possession of the controlled chemical.
(Replaced 53 of 1992 s. 2. Amended 64 of 1994 s. 10)

### Control of Chemicals Ordinance 《化學品管制條例》

13. Forfeiture of controlled chemical
Any controlled chemical in respect of which an offence under this Ordinance is being or has been committed shall, with effect from the seizure thereof under section 12, be forfeited to the Government.
(Amended 64 of 1994 s. 12; 15 of 1999 s. 3)

14. Forfeiture of articles, etc. used in connexion with offence
(1) A court may (whether or not any person has been convicted of such offence) order to be forfeited to the Government—
(a) any money or thing (other than premises, a ship exceeding 250 gross tons, an aircraft or a train) which has been used in the commission of or in connexion with an offence under this Ordinance; and
(b) any money or other property received or possessed by any person as the result or product of an offence under this Ordinance.
(2) An order under subsection (1) for the forfeiture of a thing may include a term permitting a specified person or persons to redeem such thing on such conditions, including conditions as to the payment of the value or a proportion of the value thereof to the Government, as the court may think fit.

(3) The court may require that notice of an application for forfeiture under subsection (1) shall be given in such manner as it thinks fit.
(4) The Chief Executive in Council may, in his absolute discretion and after any proceedings under this Ordinance are concluded, entertain and give effect to any moral claim to or in respect of any money, thing or other property which has been forfeited to the Government.
(Amended 15 of 1999 s. 3)