Page:Hazardous Chemicals Control Ordinance (Cap. 595).pdf/9

(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.

9. Restriction on use of scheduled chemicals

(1) Except under and in accordance with a permit, a person shall not use 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.

PART 3
Issue, etc. of Permits and Variation of Permit Conditions

Issue and renewal of permits, etc.

10. Issue and renewal of permits, etc.

(1) The Director may, on an application that complies with any regulation made under section 45, and subject to the compliance by the applicant with any other requirement imposed under or by virtue of any such regulation in relation to the application, issue a permit for the carrying out of the following activities—

(a) the manufacture of one or more scheduled chemicals;

(b) the export of one or more scheduled chemicals;

(c) the import of one or more scheduled chemicals;

(d) the use of one or more scheduled chemicals.

(2) The Director may, on an application that complies with any regulation made under section 45, and subject to the compliance by the applicant with any other requirement imposed under or by virtue of any such regulation in relation to the application, renew a permit issued under subsection (1).

(3) When considering whether to exercise his power under subsection (1) or (2), the Director is to have regard to other enactments that govern the activity to which the application relates.

(4) The Director may not issue or renew a permit authorizing the manufacture of any Type 1 chemical unless the chemical is only for—