Cap. 403 - Ozone Layer Protection Ordinance

An Ordinance to implement the 1985 Vienna Convention for the Protection of the Ozone Layer and the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer; to provide for controls on substances that deplete the ozone layer and on hydrofluorocarbons with high global warming potential; to provide for controls on products and equipment containing, made with or designed to operate on those substances or those hydrofluorocarbons; to provide for the safe handling of hazardous refrigerants that may be used as substitutes for those hydrofluorocarbons; and to provide for related matters. (Replaced 7 of 2025 s. 3) [1 July 1989] L.N. 204 of 1989(Format changes—E.R. 1 of 2019) 1. Short title This Ordinance may be cited as the Ozone Layer Protection Ordinance. 2. Interpretation In this Ordinance, unless the context otherwise requires—Advisory Council on the Environment (環境諮詢委員會) means the advisory body established by the Chief Executive to advise on matters relating to pollution control and sustainability of the environment; (Added 6 of 1997 s. 2. Amended L.N. 631 of 1997; 34 of 2000 s. 3)air transhipment cargo (航空轉運貨物) has the meaning assigned to it in section 2 of the Import and Export Ordinance (Cap. 60); (Added 29 of 2000 s. 9)aircraft (飛機), vehicle (車輛) and vessel (船隻) have the same meanings as in the Import and Export Ordinance (Cap. 60); (Amended 66 of 1991 s. 2)authorized officer (特准人員) means an officer authorized under section 9;cargo transhipment area of Hong Kong International Airport (機場貨物轉運區) has the meaning assigned to it in section 2 of the Import and Export Ordinance (Cap. 60); (Added 29 of 2000 s. 9)Director of EMS (機電署署長) means the Director of Electrical and Mechanical Services; (Added 7 of 2025 s. 4)Director of EP (環保署署長) means the Director of Environmental Protection; (Added 7 of 2025 s. 4)domestic premises (住宅) means a premises or place used exclusively for residential purposes and constituting a separate household unit;export (輸出、出口) means to take, or cause to be taken, out of Hong Kong any article other than an article in transit as defined in section 2 of the Import and Export Ordinance (Cap. 60); (Added 66 of 1991 s. 2)hazardous refrigerant (具危害性製冷劑) means a refrigerant prescribed by regulations made under section 16(1) to be a refrigerant that constitutes a safety hazard; (Added 7 of 2025 s. 4)hydrofluorocarbon, HFC (氫氟碳化物) means a substance listed in Part 10 of the Schedule, whether existing alone or in a mixture; (Added 7 of 2025 s. 4)import (輸入、進口) means to bring, or cause to be brought, into Hong Kong any article other than an article in transit as defined in section 2 of the Import and Export Ordinance (Cap. 60); (Added 66 of 1991 s. 2)licence (許可證) means a licence issued under this Ordinance;Montreal Protocol (《蒙特利爾議定書》) means the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer adopted at Montreal on 16 September 1987, as amended from time to time and as applied to Hong Kong; (Added 7 of 2025 s. 4) scheduled substance (受管制物質)— (a) means a substance listed in the Schedule, whether existing alone or in a mixture; but (b) in sections 4 and 6 does not include a substance listed in the Schedule that is—(i) in a manufactured product (other than one used solely for the transportation or storage of the substance) and the substance is used in the operation of the product or the mere dispensing of the contents of the product constitutes the intended use of the substance; or(ii) part of a manufactured product solely because the substance was used in the process of manufacturing the product; Secretary (局長) means the Secretary for Environment and Ecology; (Replaced 78 of 1999 s. 7. Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022; 7 of 2025 s. 4)specified fire suppressant (指明滅火劑) means a fire suppressant that contains one or more scheduled substances; (Added 7 of 2025 s. 4)specified refrigerant (指明製冷劑) means a refrigerant that contains one or more scheduled substances, but does not include a controlled refrigerant as defined by section 2 of the Ozone Layer Protection (Controlled Refrigerants) Regulation (Cap. 403 sub. leg. B). (Added 7 of 2025 s. 4)(Amended 7 of 2025 s. 4) 3. Offence to manufacture scheduled substances (1) A person who manufactures a scheduled substance commits an offence and is liable to— (Amended 7 of 2025 s. 5)(a) a fine of $1,000,000 and imprisonment for 2 years; and(b) a fine of $100,000 for each day on which the offence continues.(2) Subsection (1) does not apply where the scheduled substance is manufactured solely for the purpose of research or academic instruction and the person manufactures no more than 1 kg of the substance in any 12 month period.(3) In any proceedings for an offence under subsection (1), the burden of establishing that subsection (1) does not apply because of subsection (2) lies on the person charged with the offence. (Added 7 of 2025 s. 5)(4) For the purposes of subsection (3), a person is taken to have established that subsection (1) does not apply because of subsection (2) if—(a) there is sufficient evidence to raise an issue that the scheduled substance meets the description in subsection (2); and(b) the contrary is not proved by the prosecution beyond reasonable doubt. (Added 7 of 2025 s. 5)(5) For the purposes of subsection (1), a scheduled substance is not to be regarded as being manufactured if—(a) the substance is collected from any equipment, product or container during the servicing of the equipment, product or container or before the equipment, product or container is scrapped; and(b) the substance is subsequently recycled by way of purification or distillation, or by any other way, so as to make it suitable for reuse. (Added 7 of 2025 s. 5) 4. Offence to import or export scheduled substances without a licence A person who imports or exports a scheduled substance without a licence commits an offence and is liable to a fine of $1,000,000 and to imprisonment for 2 years.(Amended 7 of 2025 s. 6) 4A. Application to air transhipment cargo (1) Section 4 does not apply in relation to a scheduled substance that is air transhipment cargo; but if at any time between its being brought into and taken out of Hong Kong such scheduled substance is removed from the cargo transhipment area of Hong Kong International Airport then, for the purposes of section 4—(a) the scheduled substance is deemed to be imported at the time of such removal; and(b) the person who brought the scheduled substance, or caused it to be brought, into Hong Kong as air transhipment cargo is deemed to be the person who imports the scheduled substance at the time of its removal,and, except to that extent, that section has effect as if this subsection had not been enacted.(2) (a) For the purpose of the issue of a licence under section 6 for the import of a scheduled substance, the import of a scheduled substance that is air transhipment cargo does not take place unless and until the scheduled substance is removed from the cargo transhipment area of Hong Kong International Airport other than for the purpose of its being taken out of Hong Kong by air.(b) Nothing in this section precludes the issue of a licence under section 6 for the export of a scheduled substance that is air transhipment cargo only because the scheduled substance has been removed from the cargo transhipment area of Hong Kong International Airport.(3) In proceedings against a person for an offence under section 4, being proceedings—(a) in relation to the import or export of a scheduled substance that is air transhipment cargo; and(b) in which it is necessary for the prosecution to prove that, at any time between its being brought into and taken out of Hong Kong, the scheduled substance was removed from the cargo transhipment area of Hong Kong International Airport,it is a defence for the person to show that he took all reasonable steps and exercised reasonable diligence to avoid such removal occurring or that he reasonably believed that such removal had not occurred, as the case may be.(4) Where in any proceedings the defence provided by subsection (3) involves an allegation that the commission of the offence was due to—(a) the act or default of another person; or(b) reliance on information given by another person,the defendant is not, without the leave of the court, entitled to rely on the defence unless, not less than 10 days before the hearing of the proceedings, he has served a notice in writing on the prosecutor giving all particulars of—(i) the person who committed the act or default or gave the information; and(ii) the act, default or information,of which he is aware at the time he serves the notice.(5) A person is not entitled to rely on the defence provided by subsection (3) by reason of his reliance on information supplied by another person, unless he shows that it was reasonable in all the circumstances for him to have relied on the information, having regard in particular to—(a) the steps which he took, and those which might reasonably have been taken, for the purpose of verifying the information; and(b) whether he had any reason to disbelieve the information.(Added 29 of 2000 s. 9) 5. Registration (1) If the Director of EP is satisfied that a person— (Amended 7 of 2025 s. 7)(a) was, before the commencement of this Ordinance, an importer or exporter of scheduled substances listed in Parts 1 to 9 of the Schedule;(ab) was, before 1 December 2025, an importer or exporter of scheduled substances listed in Part 10 of the Schedule; or (Added 7 of 2025 s. 7)(b) bona fide intends to import or export scheduled substances if granted a licence under section 6,the Director may, on application to him or her in a form specified by him or her and on payment of the prescribed registration fee, register the person under this section. (Amended 7 of 2025 s. 7)(2) It is a condition of continued registration that the registrant bona fide intends to import or export scheduled substances if granted a licence under section 6.(3) The Director of EP may, at the time of registration or at any time after giving written notice to a registrant, impose conditions of registration that are reasonably related to—(a) Hong Kong’s compliance of the 1985 Vienna Convention for the Protection of the Ozone Layer, the Montreal Protocol and any other protocols under the Convention that apply to Hong Kong; or(b) the measures referred to in section 6(4)(b). (Replaced 7 of 2025 s. 7)(4) Registration under this section does not entitle a person to a licence under section 6.(5) The Director of EP is to issue a certificate of registration in a form specified by him or her to a person who is registered under this section and the condition of registration under subsection (2) and any conditions of registration imposed under subsection (3) are to be set out in the certificate. (Replaced 7 of 2025 s. 7)(6) If the Director of EP specifies an expiry date in a certificate of registration, the registration ceases to have effect after that date. (Amended 7 of 2025 s. 7)(7) If the Director of EP refuses to register an applicant, the Director is to serve on the applicant, either by post or by electronic mail, a notice stating the reasons for refusal. (Replaced 7 of 2025 s. 7)(8) A person registered under this section who contravenes a condition of registration relating to him commits an offence and is liable to a fine at level 4. (Amended E.R. 3 of 2021) 6. Licence to import or export scheduled substances (1) The Director of EP 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; 7 of 2025 s. 8)(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 of EP may, on application to him or her, vary the conditions of a licence. (Amended 7 of 2025 s. 8)(3) The Director of EP may specify the forms of the applications and licence under this section. (Amended 7 of 2025 s. 8)(4) In considering whether to issue a licence or vary the conditions of a licence the Director of EP— (Amended 7 of 2025 s. 8)(a) must ensure that the 1985 Vienna Convention for the Protection of the Ozone Layer, the Montreal Protocol and any other protocols under the Convention that apply to Hong Kong are complied with; and (Replaced 7 of 2025 s. 8)(b) may impose more stringent measures than are required by the Convention and the protocols referred to in paragraph (a).(5) If the Director of EP refuses to issue a licence or vary the conditions of a licence as requested by the applicant in the application, the Director is to serve on the applicant, either by post or by electronic mail, a notice stating the reasons for refusal. (Replaced 7 of 2025 s. 8)(6) A licensee who contravenes a condition of a licence commits an offence and is liable to a fine of $1,000,000 and to imprisonment for 2 years. 7. Cancellation of registration or licence (1) The Director of EP may at any time cancel a registration or licence if he or she considers that a condition of the registration or licence has been contravened or that the registration was made or licence was issued as a result of an error or an unlawful act of the applicant or a false representation of a fact made by the applicant.(2) The Director of EP is to, either by post or by electronic mail, serve on the person whose registration or licence is cancelled a notice of the cancellation stating the reasons for the cancellation.(3) Within 10 days after being served with a notice of cancellation the person served must deliver the relevant certificate of registration or licence to the Director of EP.(4) Where the person served is not given an opportunity to be heard before his or her registration or licence is cancelled, the person may apply to the Director of EP to review the Director’s decision and the Director may, after hearing the applicant, reinstate the registration or licence, subject to any conditions the Director may impose.(5) A person who fails to deliver a cancelled certificate of registration or licence in compliance with subsection (3) commits an offence and is liable to a fine at level 4. (Amended E.R. 3 of 2021)(Amended 7 of 2025 s. 9) 8. Appeal to Administrative Appeals Board (1) A person who is aggrieved by any of the following decisions made in respect of the person may, within 28 days after receiving notice of the decision, appeal to the Administrative Appeals Board—(a) a decision made by the Director of EP under section 5, 6 or 7;(b) a decision made by the Director of EP or the Director of EMS that is specified in the regulations made under section 16 to be subject to an appeal to the Administrative Appeals Board. (Replaced 7 of 2025 s. 10)(2) The Director of EP or the Director of EMS (as may be appropriate) is to take such action as is necessary to give effect to the Administrative Appeals Board’s decision. (Amended 7 of 2025 s. 10)(Amended 6 of 1997 s. 3) 9. Appointment of authorized officers The Director of EP or the Director of EMS may authorize in writing any public officer to exercise any powers and perform any duties conferred or imposed on an authorized officer by this Ordinance.(Amended 7 of 2025 s. 11) 10. General powers of authorized officers in routine inspection (Amended 7 of 2025 s. 12)(1) For the purposes of carrying out a routine inspection to ascertain whether this Ordinance has been or is being complied with, an authorized officer may without warrant— (Replaced 7 of 2025 s. 12)(a) enter at any reasonable time and inspect— (Amended 7 of 2025 s. 12)(i) any premises (other than domestic premises) occupied by a person registered under this Ordinance or by the holder of a licence;(ii) any premises (other than domestic premises) in which there is any equipment designed to cool, freeze or dehumidify anything or to function as a heat pump; (Amended 7 of 2025 s. 12)(iia) any premises (other than domestic premises) in which there is any equipment designed to extinguish fire; (Added 7 of 2025 s. 12)(iii) any premises (other than domestic premises) occupied by a person who carries on the business of, or any business that includes servicing, repairing or decommissioning air-conditioners or heat pumps; and(iv) any premises (other than domestic premises) occupied by a person who carries on the business of, or any business that includes the recovery or recycling of scheduled substances;(b) require a person to produce for his inspection—(i) a licence or certificate of registration;(ii) any document which relates to the origin, destination, specifications or nature of anything in respect of which a licence could be issued under this Ordinance or which he suspects to be evidence of an offence under this Ordinance; or(iii) any record or other document required to be kept by this Ordinance;(c) examine and make copies of a licence, certificate of registration or of any record or document produced under paragraph (b);(d) take possession of, without payment but subject to the issue of a receipt for it, a sample of anything that may be required by the Director of EP or the Director of EMS (as may be appropriate) for the purpose of examination and investigation to determine whether an offence may have been committed under this Ordinance; (Amended 7 of 2025 s. 12)(e) examine anything if he considers it necessary to do so to ascertain whether or not the provisions of this Ordinance are being, or have been, complied with by any person in respect of that thing;(f) require the owner, occupier or person in charge of any premises entered under this section to provide sampling points with safe access for taking a sample under paragraph (d); (Added 26 of 1993 s. 3)(g) inspect and observe the operation of any equipment, and any gauge, dial or other instrument used or referred to in connection with its operation, or activated by its operation, and record the results of the inspection and observation for the purpose of ascertaining—(i) whether or not this Ordinance applies to that equipment; and(ii) whether or not the provisions of this Ordinance are being, or have been, complied with by any person in respect of that equipment; or (Added 26 of 1993 s. 3)(h) make any inspection or measurement for the purpose of ascertaining whether any equipment is maintained or used in accordance with this Ordinance. (Added 26 of 1993 s. 3)(2) An authorized officer may require—(a) the holder of a licence;(b) a person registered under this Ordinance;(c) a servant, employee or agent of a person referred to in paragraph (a) or (b); and(d) the owner, occupier or person in charge of any premises which he is empowered to enter under subsection (1), (Added 26 of 1993 s. 3)to furnish such information or take such action as may be necessary to enable the authorized officer to exercise the powers conferred or perform the duties imposed on him under this Ordinance.(3) If a sample of anything is taken by an authorized officer under subsection (1)(d), the Director of EP or the Director of EMS (as may be appropriate) may, after examination and investigation, direct that the sample be returned to the place from which it was taken, or destroyed or disposed of, as the Director thinks fit. (Replaced 7 of 2025 s. 12)(Amended 26 of 1993 s. 3) 11. Special powers of authorized officers to investigate suspected offence (Amended 7 of 2025 s. 13)(1) If a warrant has been issued under subsection (2) in respect of any premises, or if subsection (5) applies in respect of any premises, an authorized officer may—(a) enter and search the premises; and(b) seize anything, other than an aircraft, vessel or vehicle—(i) in respect of which the officer reasonably suspects that an offence has been committed under this Ordinance; or(ii) which the officer reasonably suspects to be specified evidence. (Replaced 7 of 2025 s. 13)(2) A magistrate may issue a warrant authorizing an authorized officer to enter and search any premises if satisfied by information on oath that there are reasonable grounds to suspect that—(a) an offence under this Ordinance has been, is being or is about to be committed in the premises; or(b) there is in the premises any specified evidence. (Replaced 7 of 2025 s. 13)(3) Unless otherwise specified in it, a warrant continues in force until the earlier of the following—(a) the expiry of 1 month after the date of its issue; or(b) the purposes for which the entry and search are conducted have been achieved. (Replaced 7 of 2025 s. 13)(4) An authorized officer who seizes anything under this section shall, as soon as reasonably practicable, give a receipt for it, and he may permit any person who would be entitled to have possession of it, or be entitled to inspect it but for its seizure, to inspect it at any reasonable time and to photograph or make copies of it.(5) The Director of EP or the Director of EMS may authorize an authorized officer to exercise the power under subsection (1) without a warrant issued under subsection (2) if—(a) there are reasonable grounds to suspect that any specified evidence is in any premises (other than domestic premises); and(b) the delay caused by obtaining a warrant is likely to result in the loss or destruction of the evidence or for any other reason it would not be reasonably practicable to obtain a warrant. (Added 7 of 2025 s. 13)(6) In subsection (5), the Director of EP includes any Deputy Director of Environmental Protection and Assistant Director of Environmental Protection, and the Director of EMS includes any Deputy Director of Electrical and Mechanical Services and Assistant Director of Electrical and Mechanical Services. (Added 7 of 2025 s. 13)(7) In this section—specified evidence (指明證據) means anything that is or that contains, or that is likely to be, or to contain, evidence of an offence under this Ordinance. (Added 7 of 2025 s. 13) 12. Ancillary powers of investigation of suspected offence An authorized officer conferred with any power under section 11 may— (Amended 7 of 2025 s. 14)(a) use such force as is reasonably necessary to enter any place or premises which the officer is empowered under section 11 to enter;(b) use such force as is reasonably necessary to remove a person or thing obstructing the officer in the exercise of the power;(c) detain a person found in any place or premises which the officer is empowered under section 11 to search until the search is completed;(d) search the person and property and effects of a person whom the officer reasonably suspects of being guilty of an offence under this Ordinance, but a person is not to be searched except by an authorized officer of the same sex and is not to be searched in a public place if the person objects to being so searched; and(e) if there are reasonable grounds for believing that it is necessary for the purpose of performing the officer’s duties or for effectively enforcing this Ordinance, require a person found in any place or premises which the officer is empowered under section 11 to enter to give details of the person’s identity, name and address and produce evidence of the person’s identity. (Added 26 of 1993 s. 4)(Amended 26 of 1993 s. 3; 7 of 2025 s. 14) 13. Prohibition of certain acts that impede operation of Ordinance (Amended 7 of 2025 s. 15)(1) A person who— (Amended 7 of 2025 s. 15)(a) wilfully resists, obstructs or delays any authorized officer in the exercise of any powers conferred on him by or under this Ordinance;(b) fails without reasonable excuse to comply with any requirement made by an authorized officer under section 10, 11 or 12;(c) in compliance or purported compliance with any such requirement produces a record or document which is incorrect or inaccurate in a material respect and which he knows to be incorrect or inaccurate or does not believe to be correct or accurate; or(d) wilfully or recklessly gives information which is incorrect or inaccurate in a material respect or withholds information as to any of the matters in respect of which information is required to be given under this Ordinance,commits an offence and is liable to a fine at level 6 and to imprisonment for 6 months.(2) For the purposes of subsection (1)(b), a person is taken to have established that the person had a reasonable excuse if—(a) there is sufficient evidence to raise an issue that the person had a reasonable excuse; and(b) the contrary is not proved by the prosecution beyond reasonable doubt. (Added 7 of 2025 s. 15)(Amended E.R. 3 of 2021) 14. Forfeiture (1) Anything seized under section 11(1)(b) is liable to forfeiture, whether or not any person has been convicted of an offence in respect of the thing. (Amended 7 of 2025 s. 16)(2) Where anything is seized under section 11(1)(b), the Director may at any time release the thing seized, on payment of reasonable storage charges, to the person who appears to the Director to be the owner of the thing seized or the owner’s authorized agent, subject to any conditions that the Director may specify in writing. (Amended 7 of 2025 s. 16)(2A) Where anything seized under section 11(1)(b) is without an apparent owner, the Director must, within 7 days from the date of its seizure, cause a notice to be exhibited at the Environmental Protection Department or the Electrical and Mechanical Services Department (as may be appropriate) in a place to which the public have access— (Amended 7 of 2025 s. 16)(a) calling upon the owner to submit a claim of ownership within 30 days; and(b) declaring the Director’s intention to apply for forfeiture of the thing at the expiration of the period if no claim of ownership is submitted. (Added 6 of 1997 s. 4)(3) Where anything has not been released under subsection (2), the Director may, in proceedings where an offence is prosecuted under this Ordinance or in separate proceedings relating to the thing seized, apply to a court or magistrate for the forfeiture of the thing.(4) Upon the hearing of an application under subsection (3), other than in a case to which subsection (4A) applies, if the court or magistrate is satisfied that an offence was committed in respect of the thing, the court or magistrate may order that the thing— (a) be forfeited; or(b) be delivered to its owner or his authorized agent upon payment of reasonable storage charges and subject to any conditions that the court or magistrate may specify in the order.(4A) Upon the hearing of an application under subsection (3) in a case where no claim of ownership has been submitted under subsection (2A)(a), if the court or magistrate is satisfied that the Director has complied with the provisions of subsection (2A), the court or magistrate may order that the thing be forfeited to the Government. (Added 6 of 1997 s. 4)(5) Where under subsection (3) an application is made for forfeiture otherwise than in proceedings where an offence under this Ordinance is prosecuted, the Director must, as soon as reasonably practicable, notify in writing the person who appears to the Director to be the owner of the thing seized or the owner’s authorized agent unless the person has indicated in writing to the Director that notification is not required. (Amended 7 of 2025 s. 16)(6) If there is more than one apparent owner of the thing seized, it is sufficient for the purposes of subsection (5) to give notice to one apparent owner or his authorized agent, unless that apparent owner or his authorized agent has indicated that notification is not required.(7) Anything ordered to be forfeited under this section that is a scheduled substance shall be destroyed or disposed of as determined by the Director.(8) The Director shall determine the amount of storage charges payable under subsection (2) which shall not exceed the value of the thing seized. (Added 6 of 1997 s. 4)(9) In this section, a reference to the Director in relation to a thing seized under section 11(1)(b) is a reference to—(a) if the thing was seized by an authorized officer authorized by the Director of EP—the Director of EP; or(b) if the thing was seized by an authorized officer authorized by the Director of EMS—the Director of EMS. (Added 7 of 2025 s. 16)(Amended 6 of 1997 s. 4) 14A. Claims for the return of thing forfeited under section 14(4A) (1) A person wishing to claim the return of anything forfeited to the Government under section 14(4A) may, within 6 weeks after the thing has been forfeited, give notice in writing to the Director of his intention to submit to the Secretary a petition under this section in respect of the thing forfeited.(2) A petition shall be submitted to the Secretary by lodging it in triplicate with the Director within 30 days of giving notice under subsection (1).(3) The Secretary may after considering the petition—(a) upon payment of reasonable storage charges, order the return of the thing forfeited subject to any conditions that the Secretary may specify in writing; or(b) reject the petition.(4) The Secretary shall determine the amount of storage charges payable under subsection (3)(a) which shall not exceed the value of the thing forfeited.(5) The decision of the Secretary under subsection (3) is final.(6) In this section, a reference to the Director in relation to a thing forfeited under section 14(4A) is a reference to—(a) if the thing was seized by an authorized officer authorized by the Director of EP—the Director of EP; or(b) if the thing was seized by an authorized officer authorized by the Director of EMS—the Director of EMS. (Added 7 of 2025 s. 17)(Added 6 of 1997 s. 5) 15. Prosecutions (1) Prosecutions for offences under this Ordinance may be brought in the name of the Director of EP, the Director of EMS or the Commissioner of Customs and Excise.(2) A complaint or information in respect of an offence under this Ordinance shall be made or laid within 6 months after the time the matter of the complaint or information first came to the knowledge of the Director of EP, the Director of EMS, the Commissioner of Customs and Excise or an authorized officer.(Amended 7 of 2025 s. 18) 15A. Protection of public officers (1) A public officer shall not be personally liable in respect of any act or omission of his if it was done or made by him in the honest belief that it was required or authorized in the exercise of any function, duty or power of his under this Ordinance.(2) The protection conferred on public officers by subsection (1) in respect of any act or omission shall not in any way affect any liability of the Government in tort for that act or omission.(Added 6 of 1997 s. 6) 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, supply, sale, distribution, storage, recycling and disposal of products— (Amended 7 of 2025 s. 19)(i) containing a scheduled substance; or(ii) designed to operate on a scheduled substance; (Amended 7 of 2025 s. 19)(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 (including the manner of labelling or marking) of— (Amended 7 of 2025 s. 19)(i) any equipment containing or using a scheduled substance; or(ii) any product containing, made with or designed to operate on a scheduled substance; (Amended 7 of 2025 s. 19)(g) the prohibition of the distribution of products that are not labelled or marked in accordance with the regulations;(h) empowering the Director of EP to determine whether a country or place is in full compliance with the requirements of the Montreal Protocol; (Replaced 7 of 2025 s. 19)(i) empowering the Director of EP to declare by notice in the Gazette a scheduled substance to be a controlled refrigerant; (Added 26 of 1993 s. 5. Amended 7 of 2025 s. 19)(j) empowering the Director of EP to approve the type of equipment to be used for recovering or recycling a scheduled substance and to signify his or her approval by notice in the Gazette; (Added 26 of 1993 s. 5. Amended 7 of 2025 s. 19)(k) empowering the Director of EP 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. Amended 7 of 2025 s. 19)(l) providing for—(i) the types of products that are subject to prohibition and control (including prohibition and control in respect of their manufacture, import, supply and sale), in order to reduce the production and consumption of HFC (regulated HFC product);(ii) the global warming potential value of an HFC, a mixture containing HFC and other substances that exist in the mixture;(iii) a maximum limit on the global warming potential value of an HFC or a mixture containing HFC that a regulated HFC product is allowed to contain or operate on, and the prohibition and control that a regulated HFC product is subject to if the limit is exceeded; and(iv) the dates by which the prohibition and control are to take effect (which may be different for different types of regulated HFC product); (Added 7 of 2025 s. 19)(m) providing for the criteria to determine whether a refrigerant is a hazardous refrigerant; (Added 7 of 2025 s. 19)(n) providing for the duties and obligations of persons who own, manage or control certain types of equipment—(i) that are installed in premises other than domestic premises;(ii) that are designed to cool, freeze or dehumidify anything or to function as a heat pump; and(iii) that contain or use a specified refrigerant to perform their function; (Added 7 of 2025 s. 19)(o) providing for the registration of those types of equipment mentioned in paragraph (n) and any matter in relation to their registration, the cancellation of registration and the establishment and maintenance of a register; (Added 7 of 2025 s. 19)(p) providing for the duties and obligations of persons who own, manage or control certain types of equipment—(i) that are installed in premises other than domestic premises;(ii) that are designed to cool, freeze or dehumidify anything or to function as a heat pump; and(iii) that contain or use a hazardous refrigerant to perform their function; (Added 7 of 2025 s. 19)(q) providing for the duties and obligations of persons who own, manage or control certain types of equipment—(i) that are installed in premises other than domestic premises;(ii) that are designed to extinguish fire; and(iii) that contain or use a specified fire suppressant to perform their function; (Added 7 of 2025 s. 19)(r) providing for the registration of those types of equipment mentioned in paragraph (q) and any matter in relation to their registration, the cancellation of registration and the establishment and maintenance of a register; (Added 7 of 2025 s. 19)(s) requiring any persons who undertake to carry out any work that involves a specified refrigerant, a hazardous refrigerant or a specified fire suppressant in relation to any equipment mentioned in paragraph (n), (p) or (q) be registered in accordance with the regulations made under this section, and providing for the duties and obligations of those persons; (Added 7 of 2025 s. 19)(t) providing for any matter in relation to the registration, the cancellation and reinstatement of registration of those persons mentioned in paragraph (s) and the establishment and maintenance of a register; (Added 7 of 2025 s. 19)(u) requiring any persons mentioned in paragraph (s) to ensure that a technician certified in accordance with the regulations made under this section (certified technician) be present on site when any work mentioned in that paragraph is carried out, and providing for the duties and obligations of certified technicians, and matters relating to the training and certification of persons who wish to be certified technicians; (Added 7 of 2025 s. 19)(v) the establishment of a Refrigerant Technical Advisory Committee to advise the Director of EMS on matters relating to—(i) the use, management and handling of refrigerants when the refrigerants are contained or used in those types of equipment mentioned in paragraph (n) or (p); and(ii) the training of persons who wish to be certified technicians; (Added 7 of 2025 s. 19)(w) empowering the Director of EMS to issue codes of practice to provide practical guidance in respect of—(i) the use, management and handling of refrigerants when the refrigerants are contained or used in those types of equipment mentioned in paragraph (n) or (p); and(ii) any ancillary work that is required to be carried out in relation to the above equipment for the purposes of subparagraph (i); and (Added 7 of 2025 s. 19)(x) empowering the Director of EP or the Director of EMS to grant exemptions from any requirement imposed under the regulations made under this section, either generally or in a particular case, and either conditionally or unconditionally. (Added 7 of 2025 s. 19)(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 $1,000,000 for each contravention and in addition a fine not exceeding $10,000 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.(4) A code of practice issued under subsection (1)(w) is not subsidiary legislation. (Added 7 of 2025 s. 19)(Amended 26 of 1993 s. 5) 17. Secretary may amend Schedule The Secretary may, after consultation with the Advisory Council on the Environment, by notice published in the Gazette, amend the Schedule.(Amended 6 of 1997 s. 8; 7 of 2025 s. 20) 17A. Date of giving or service of documents For the purposes of this Ordinance, a notice or other document given or served is taken, in the absence of evidence to the contrary, to have been given or served—(a) if sent by post to an address—at the time when it would in the ordinary course of post be delivered to that address; or(b) if sent by electronic mail to an electronic address—at the time when it would in the ordinary course of transmission by electronic mail be received at that address.(Added 7 of 2025 s. 21) 18. Application of Ordinance to Government (1) Subject to this section, this Ordinance shall bind the Government.(2) Sections 3, 4, 5(8), 6(6), 7(5) and 13 and any regulations made under section 16 shall not have effect to permit proceedings to be taken against, or to impose any criminal liability on, the Government.(3) Any application for registration under section 5 or the issue of a licence under section 6 which is to be made or may be made by or on behalf of the Government may be made by any public officer on behalf of the Government.(4) No fee or charge prescribed for the purposes of this Ordinance shall be payable by the Government.(Added 6 of 1997 s. 9) Schedule [ss. 2, 5 & 17](Amended 7 of 2025 s. 22)Scheduled Substances (Schedule replaced L.N. 114 of 2009)A substance listed in this Schedule includes, except as otherwise stated, the substance’s isomers. Part 1 Chlorofluorocarbons (CFCs) Chemical Name Chemical Formula Trichlorofluoromethane CFCl3 Dichlorodifluoromethane CF2Cl2 Trichlorotrifluoroethane C2F3Cl3 Dichlorotetrafluoroethane C2F4Cl2 Chloropentafluoroethane C2F5Cl Part 2 Halons Chemical Name Chemical Formula Bromochlorodifluoromethane CF2BrCl Bromotrifluoromethane CF3Br Dibromotetrafluoroethane C2F4Br2 Part 3 Other Fully Halogenated Chlorofluorocarbons Chemical Name Chemical Formula Chlorotrifluoromethane CF3Cl Pentachlorofluoroethane C2FCl5 Tetrachlorodifluoroethane C2F2Cl4 Heptachlorofluoropropane C3FCl7 Hexachlorodifluoropropane C3F2Cl6 Pentachlorotrifluoropropane C3F3Cl5 Tetrachlorotetrafluoropropane C3F4Cl4 Trichloropentafluoropropane C3F5Cl3 Dichlorohexafluoropropane C3F6Cl2 Chloroheptafluoropropane C3F7Cl Part 4 Methyl Chloroform Chemical Name Chemical Formula 1,1,1-Trichloroethane (except 1,1,2-Trichloroethane) C2H3Cl3 Part 5 Carbon Tetrachloride Chemical Name Chemical Formula Tetrachloromethane CCl4 Part 6 Methyl Bromide Chemical Name Chemical Formula Bromomethane CH3Br Part 7 Hydrobromofluorocarbons (HBFCs) Chemical Name Chemical Formula Dibromofluoromethane CHFBr2 Bromodifluoromethane CHF2Br Bromofluoromethane CH2FBr Tetrabromofluoroethane C2HFBr4 Tribromodifluoroethane C2HF2Br3 Dibromotrifluoroethane C2HF3Br2 Bromotetrafluoroethane C2HF4Br Tribromofluoroethane C2H2FBr3 Dibromodifluoroethane C2H2F2Br2 Bromotrifluoroethane C2H2F3Br Dibromofluoroethane C2H3FBr2 Bromodifluoroethane C2H3F2Br Bromofluoroethane C2H4FBr Hexabromofluoropropane C3HFBr6 Pentabromodifluoropropane C3HF2Br5 Tetrabromotrifluoropropane C3HF3Br4 Tribromotetrafluoropropane C3HF4Br3 Dibromopentafluoropropane C3HF5Br2 Bromohexafluoropropane C3HF6Br Pentabromofluoropropane C3H2FBr5 Tetrabromodifluoropropane C3H2F2Br4 Tribromotrifluoropropane C3H2F3Br3 Dibromotetrafluoropropane C3H2F4Br2 Bromopentafluoropropane C3H2F5Br Tetrabromofluoropropane C3H3FBr4 Tribromodifluoropropane C3H3F2Br3 Dibromotrifluoropropane C3H3F3Br2 Bromotetrafluoropropane C3H3F4Br Tribromofluoropropane C3H4FBr3 Dibromodifluoropropane C3H4F2Br2 Bromotrifluoropropane C3H4F3Br Dibromofluoropropane C3H5FBr2 Bromodifluoropropane C3H5F2Br Bromofluoropropane C3H6FBr Part 8 Hydrochlorofluorocarbons (HCFCs) Chemical Name Chemical Formula Dichlorofluoromethane CHFCl2 Chlorodifluoromethane CHF2Cl Chlorofluoromethane CH2FCl Tetrachlorofluoroethane C2HFCl4 Trichlorodifluoroethane C2HF2Cl3 Dichlorotrifluoroethane C2HF3Cl2 Chlorotetrafluoroethane C2HF4Cl Trichlorofluoroethane C2H2FCl3 Dichlorodifluoroethane C2H2F2Cl2 Chlorotrifluoroethane C2H2F3Cl Dichlorofluoroethane C2H3FCl2 Chlorodifluoroethane C2H3F2Cl Chlorofluoroethane C2H4FCl Hexachlorofluoropropane C3HFCl6 Pentachlorodifluoropropane C3HF2Cl5 Tetrachlorotrifluoropropane C3HF3Cl4 Trichlorotetrafluoropropane C3HF4Cl3 Dichloropentafluoropropane C3HF5Cl2 Chlorohexafluoropropane C3HF6Cl Pentachlorofluoropropane C3H2FCl5 Tetrachlorodifluoropropane C3H2F2Cl4 Trichlorotrifluoropropane C3H2F3Cl3 Dichlorotetrafluoropropane C3H2F4Cl2 Chloropentafluoropropane C3H2F5Cl Tetrachlorofluoropropane C3H3FCl4 Trichlorodifluoropropane C3H3F2Cl3 Dichlorotrifluoropropane C3H3F3Cl2 Chlorotetrafluoropropane C3H3F4Cl Trichlorofluoropropane C3H4FCl3 Dichlorodifluoropropane C3H4F2Cl2 Chlorotrifluoropropane C3H4F3Cl Dichlorofluoropropane C3H5FCl2 Chlorodifluoropropane C3H5F2Cl Chlorofluoropropane C3H6FCl Part 9 Bromochloromethane (BCM) Chemical Name Chemical Formula Bromochloromethane CH2BrCl Part 10 Hydrofluorocarbons (HFCs) (Part 10 added 7 of 2025 s. 22) Column 1 Column 2 Column 3 Item Chemical Name Chemical Formula 1. 1,1,2,2-Tetrafluoroethane CHF2CHF2 2. 1,1,1,2-Tetrafluoroethane CH2FCF3 3. 1,1,2-Trifluoroethane CH2FCHF2 4. 1,1,1,3,3-Pentafluoropropane CHF2CH2CF3 5. 1,1,1,3,3-Pentafluorobutane CF3CH2CF2CH3 6. 1,1,1,2,3,3,3-Heptafluoropropane CF3CHFCF3 7. 1,1,1,2,2,3-Hexafluoropropane CH2FCF2CF3 8. 1,1,1,2,3,3-Hexafluoropropane CHF2CHFCF3 9. 1,1,1,3,3,3-Hexafluoropropane CF3CH2CF3 10. 1,1,2,2,3-pentafluoropropane CH2FCF2CHF2 11. 1,1,1,2,2,3,4,5,5,5-decafluoropentane CF3CHFCHFCF2CF3 12. Difluoromethane CH2F2 13. Pentafluoroethane CHF2CF3 14. 1,1,1-Trifluoroethane CH3CF3 15. Fluoromethane CH3F 16. 1,2-Difluoroethane CH2FCH2F 17. 1,1-Difluoroethane CH3CHF2 18. Trifluoromethane CHF3