Hong Kong Ordinances

OZONE LAYER PROTECTION ORDINANCE - SECT 6

Licence to import or export scheduled substances

(Past version on 30/06/1997).

(1) The Director may, on the application of a person registered under
section 5 and on payment of the prescribed licence fee, issue in respect of a
specified consignment of a scheduled substance- (Amended 33 of 2003 s. 6)

        (a)	an import licence to import the scheduled substance ("import 
licence");

        (b)	an export licence to export the scheduled substance ("export 
licence"); or

   (c)  an import and export licence to import and export the scheduled
substance ("import and export licence"), subject to any conditions that the
Director may impose. (Amended 33 of 2003 s. 6)

(2) The Director may, on application to him, vary the conditions of a licence.

(3) The Director may specify the forms of the applications and licence under
this section.

(4) In considering whether to issue a licence or vary the conditions of a
licence the Director-

   (a)  shall comply with Hong Kong's obligations under the 1985 Vienna
        Convention for the Protection of the Ozone Layer, the 1987 Montreal
        Protocol on Substances that Deplete the Ozone Layer as it may be
        amended from time to time and any other protocols under the Convention
        that apply to Hong Kong; and

   (b)  may impose more stringent measures than are required by the Convention
        and the protocols referred to in paragraph (a).

(5) If the Director refuses to issue a licence or vary the conditions of a
licence as requested by the applicant in his application, the Director shall
serve on the applicant, by personal service or by post, a notice stating the
reasons for his refusal.

(6) A licensee who contravenes a condition of a licence commits an offence and
is liable to a fine of $1000000 and to imprisonment for 2 years. (Enacted
1989)