Hong Kong Ordinances

OZONE LAYER PROTECTION ORDINANCE - SECT 16

Regulations

(1) The Secretary may, after consultation with the Advisory Council 
on the Environment, make regulations generally for the purposes of this
Ordinance including regulations for all or any of the following matters-
(Amended 6 of 1997 s. 7)

   (a)  the control or prohibition of the import, export, manufacture, use,
        sale, distribution, storage, recycling and disposal of products
        containing a scheduled substance;

   (b)  the control or prohibition of the import, export, manufacture, use,
        sale, distribution, storage and disposal of products made with a
        scheduled substance;

   (ba) the control or prohibition of the use, sale, distribution, handling,
        storage, recovering, recycling, emission and disposal of a
        scheduled substance; (Added 26 of 1993 s. 5)

   (c)  the prohibition of the use of a scheduled substance in any prescribed
        plant or process;

   (d)  the issue of codes of practice relating to the use, recovery,
        recycling or disposal of scheduled substances for a particular
        process, plant or product containing or made with a
        scheduled substance;

   (e)  the prohibition of the manufacture or import of products containing or
        made with a scheduled substance by a person who has not complied with
        a code of practice relating to the use, recovery, recycling or
        disposal of scheduled substances used in products manufactured or
        imported by that person;

   (f)  the labelling or marking of products containing or made with a
        scheduled substance;

   (g)  the prohibition of the distribution of products that are not labelled
        or marked in accordance with the regulations;

   (h)  empowering the Director to determine whether a country or place is in
        full compliance with the requirements of the 1987 Montreal Protocol on
        Substances that Deplete the Ozone Layer as that Protocol may be
        amended from time to time; (Added 26 of 1993 s. 5)

   (i)  empowering the Director to declare by notice in the Gazette a
        scheduled substance to be a controlled refrigerant; (Added 26 of 1993
        s. 5)

   (j)  empowering the Director to approve the type of equipment to be used
        for recovering or recycling a scheduled substance and to signify his
        approval by notice in the Gazette; and (Added 26 of 1993 s. 5)

   (k)  empowering the Director to specify by notice in the Gazette the manner
        in which equipment designed for recovering or recycling a scheduled 
        substance is to be used. (Added 26 of 1993 s. 5)

(1A) (Repealed 6 of 1997 s. 7)

(2) Regulations made under this section may in respect of any contravention of
the regulations provide for-

   (a)  a fine not exceeding $1000000 for each contravention and in addition a
        fine not exceeding $10000 for each day on which a contravention
        continues; and

   (b)  imprisonment not exceeding 2 years.

(3) Regulations made under this section, other than regulations that only
prescribe fees, are subject to the approval of the Legislative Council.
(Enacted 1989. Amended 26 of 1993 s. 5)