| To control chemicals related to the manufacture of narcotic drugs or psychotropic substances. (Amended 64 of 1994 s. 2) [1 September 1975] L.N. 209 of 1975 (Originally 9 of 1975) Cap 145 s 1 Short title PART I SHORT TITLE AND INTERPRETATION This Ordinance may be cited as the Control of Chemicals Ordinance. (Amended 64 of 1994 s. 3) Cap 145 s 2 Interpretation Remarks: Adaptation amendments retroactively made - see 14 of 2002 s. 3 (1) In this Ordinance, unless the context otherwise requires- "acetylating substance" (乙?化物) means any substance specified in Schedule 1; (Amended 64 of 1994 s. 4) "Commissioner" (关长) means the Commissioner of Customs and Excise and any Deputy or Assistant Commissioner of Customs and Excise; (Added L.N. 294 of 1982. Amended 14 of 2002 s. 3) "container" (容器) means- (a) any receptacle or thing whatever containing or enclosing any quantity of any controlled chemical; (Amended 64 of 1994 s. 4) (b) any receptacle or thing whatever containing or enclosing any container or containers referred to in paragraph (a); (c) any receptacle or thing whatever containing or enclosing for keeping or storing or for transporting by sea, air or land, in whatever number or size, any containers referred to in paragraph (a) or (b);"controlled chemical" (受管制化学品) means any substance specified in Schedule 1, 2 or 3; (Added 64 of 1994 s. 4) "dangerous drug" (危险药物) means a dangerous drug as defined in section 2 of the Dangerous Drugs Ordinance (Cap 134); (Added 64 of 1994 s. 4) "licence" (牌照) means a licence issued by the Commissioner under this Ordinance; (Amended L.N. 294 of 1982) "manufacture" (制造), in relation to a substance specified in Schedule 1, 2 or 3, includes carrying on any process in the manufacture of that substance; (Replaced 64 of 1994 s. 4) "member of the Customs and Excise Service" (香港海关人员) means any person holding an office specified in Schedule 1 to the Customs and Excise Service Ordinance (Cap 342); (Amended 46 of 1977 s. 18; 64 of 1994 s. 4; 68 of 1995 s. 2) "permit" (许可证) means a permit issued by the Commissioner under this Ordinance. (Amended L.N. 294 of 1982)(2) For the purposes of this Ordinance a person- (a) exports a controlled chemical if, not being a controlled chemical in transit, he takes it or causes it to be taken out of Hong Kong; (b) imports a controlled chemical if, not being a controlled chemical in transit, he brings it or causes it to be brought into Hong Kong. (Amended 64 of 1994 s. 4)(3) For the purposes of this Ordinance a controlled chemical is in transit if, but only if- (Amended 64 of 1994 s. 4) (a) it has been brought into Hong Kong for the sole purpose of being taken out of Hong Kong; and (b) at all times whilst it is in Hong Kong it remains- (i) in or on the vessel or aircraft in or on which it arrived in Hong Kong; and (Amended 41 of 1996 s. 2) (ii) in the container in which it arrived in Hong Kong.(4) For the purposes of this Ordinance a controlled chemical is in transhipment if it- (Amended 64 of 1994 s. 4) (a) is brought into Hong Kong for the sole purpose of being taken out of Hong Kong; and (b) is removed from the vessel, aircraft or vehicle in or on which it arrived in Hong Kong pending its being taken out of Hong Kong in another vessel, aircraft or vehicle. Cap 145 s 2A Substances useful for manufacture of dangerous drugs PART IA CONTROL OF POSSESSION, MANUFACTURE, TRANSPORT, DISTRIBUTION, IMPORT, EXPORT, ETC. OF CONTROLLED CHEMICALS (1) No person shall have in his possession, manufacture, transport or distribute any substance specified in Schedule 2 or 3, knowing or having reasonable grounds for believing that it is to be used in or for the unlawful production of a dangerous drug. (2) It shall not be a defence to a person who contravenes subsection (1) in respect of any substance specified in Schedule 2 or 3 to show that the substance is the subject of a licence, permit or any other form of authorization issued or granted under any Ordinance. (Added 64 of 1994 s. 5) Cap 145 s 3 Import and export of substance specified in Schedule 1 or 2 PART II CONTROL OF IMPORT, EXPORT, PROCURING, SUPPLY, DEALING IN OR WITH, MANUFACTURE AND POSSESSION OF ACETYLATING SUBSTANCES Save under and in accordance with a licence, no person shall, on his own behalf or on behalf of any other person- (a) import into or cause to be imported into Hong Kong; (b) export from or cause to be exported from Hong Kong; or (c) do any act preparatory to or for the purposes of importing or exporting,any substance specified in Schedule 1 or 2, whether or not the same is ascertained or appropriated or in existence. (Amended 64 of 1994 s. 6) Cap 145 s 3A Export of substance specified in Schedule 3 Save under and in accordance with a licence, no person shall, on his own behalf or on behalf of any other person, export from or cause to be exported from Hong Kong, or do any act preparatory to or for the purposes of exporting, any substance specified in Schedule 3 to any country specified in the same Schedule in respect of that substance, whether or not the same is ascertained or appropriated or in existence. |
