Page:Chemical Weapons (Convention) Ordinance (Cap. 578).pdf/11

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CHEMICAL WEAPONS (CONVENTION)
ORDINANCE

Ord. No. 26 of 2003
A1037


(d) participate (whether directly or indirectly) in the transfer of a chemical weapon;
(e) engage in military preparations, or in preparations of a military nature, intending to use a chemical weapon; or
(f) assist, encourage or induce, in any way, anyone to engage in any activity prohibited under this section.
[cf. 1996 c. 6 s. 2(1) U.K.]

6. Application of section 5

(1) Section 5 applies to—

(a) acts done in Hong Kong; and
(b) acts done outside Hong Kong by Chinese nationals who are Hong Kong permanent residents.

(2) Proceedings for an offence committed under section 5 where subsection (1)(b) is applicable may be taken, and the offence may for incidental purposes be treated as having been committed, in Hong Kong.

[cf. 1996 c. 6 s. 3(1), (2) & (5) U.K.]

7. Notification of finding of article believed to be chemical weapon

(1) Where a person finds an article that the person reasonably believes may be a chemical weapon, the person shall, except in the exercise of any of the duties conferred on him under this Ordinance, as soon as is practicable notify a member of the Customs and Excise Service, an authorized officer or a police officer of the finding, and of the whereabouts, of the article.

(2) A member of the Customs and Excise Service, an authorized officer or a police officer notified under subsection (1) shall as soon as is practicable notify the Commissioner of the matter of which the member or officer has been so notified.

[cf. Chemical Weapons (Prohibition) Act 1994, s. 13, Commonwealth of Australia]

PART 3
Permits

8. When permit is required

(1) The operator of a facility requires a permit to operate the facility during a particular year if—