Page:Hazardous Chemicals Control Ordinance (Cap. 595).pdf/28

PART 2
Extent to which Part 2 of Ordinance does not Apply to Type 2 Chemicals

1. Interpretation of this Part

In this Part—

“article in transit” (過境物品) has the meaning assigned to it in section 2 of the Import and Export Ordinance (Cap. 60);

“manufactured product” (製成品) means a product that, during its manufacture, is formed into a specific physical shape or design and has an end use function wholly or partly dependent on its shape or design.

2. Limitations on application of sections 6(1), 7(1), 8(1) and 9(1) of Ordinance to Type 2 chemicals

(1) Sections 6(1), 7(1), 8(1) and 9(1) of this Ordinance do not apply to a Type 2 chemical if the chemical is, or is a part of, any of the following things—

(a) any food as defined in section 2(1) of the Public Health and Municipal Services Ordinance (Cap. 132);

(b) any additive as defined in regulation 2(1) of the Food and Drugs (Composition and Labelling) Regulations (Cap. 132 sub. leg. W);

(c) any pharmaceutical product as defined in section 2(1) of the Pharmacy and Poisons Ordinance (Cap. 138);

(d) any radioactive substance as defined in section 2 of the Radiation Ordinance (Cap. 303);

(e) any waste as defined in section 2(1) of the Waste Disposal Ordinance (Cap. 354);

(f) any chemical weapons as defined in section 2(1) of the Chemical Weapons (Convention) Ordinance (Cap. 578);

(g) any thing listed in Schedules I or II of the Single Convention on Narcotic Drugs, 1961 which was adopted on 30 March 1961, as amended by the 1972 Protocol Amending the Single Convention on Narcotic Drugs, 1961 which was adopted on 24 March 1972; or

(h) any thing listed in the Convention on Psychotropic Substances, 1971 which was adopted on 21 February 1971.

(2) Sections 7(1), 8(1) and 9(1) of this Ordinance do not apply to a Type 2 chemical if the chemical is a constituent element of a manufactured product.