Page:Chemical Weapons (Convention) Ordinance (Cap. 578).pdf/41

42. Regulations

The Chief Executive in Council may make regulations prescribing matters—

(a) required or permitted by this Ordinance to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Ordinance,

and, in particular, making provision with respect to—

(c) the making of reports to the Organization in compliance with Hong Kong’s obligations under the Convention;

(d) offences in respect of contraventions of the regulations including the imposition in respect of any such offence of a fine not exceeding level 6 and of imprisonment for a period not exceeding 2 years.

43. Transitional

(1) Where on the relevant day the operator of a facility requires a permit to operate the facility during the year in which that day falls, then the operator shall be deemed to be the holder of a permit to operate the facility during that year—

(a) subject to paragraph (b), until the expiration of—

(i) 3 months immediately following that day; or

(ii) that year,

whichever first occurs;

(b) if an application is made under section 9—

(i) for a permit to operate the facility during that year; and

(ii) before whichever expiration referred to in paragraph (a) first occurs,

until the determination under section 10 of the application.

(2) Where the relevant day falls after 30 September in a year, then the operator of a facility who requires a permit to operate the facility during the immediately following year shall be deemed to be the holder of a permit to operate the facility during that immediately following year—

(a) subject to paragraph (b), until the expiration of 3 months immediately following that day;

(b) if an application is made under section 9—

(i) for a permit to operate the facility during that immediately following year; and

(ii) before the expiration referred to in paragraph (a) occurs,

until the determination under section 10 of the application.

(3) In this section, “relevant day” (有關日期) means the day on which section 8 commences.