Page:Hazardous Chemicals Control Ordinance (Cap. 595).pdf/8

HAZARDOUS CHEMICALS CONTROL ORDINANCE 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. PART 2 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.