Page:Chemical Weapons (Convention) Ordinance (Cap. 578).pdf/9

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CHEMICAL WEAPONS (CONVENTION)
ORDINANCE

Ord. No. 26 of 2003
A1033


“toxic chemical” (有毒化學品) means any chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm to humans or animals, regardless of—

(a) its origin or method of production; and
(b) whether it is produced in facilities, in munitions or elsewhere;

“unit” (單元) means the combination of those items of equipment, including vessels and vessel set up, necessary for the production, processing or consumption of a chemical;

“unscheduled discrete organic chemical” (未列於附表的特定有機化學品) means a discrete organic chemical not listed in Schedule 1, 2 or 3;

“vehicle” (車輛) means every means of conveyance or of transit or other mobile apparatus used or capable of being used on land, whether on roads or rails and, in any way whatever, drawn or propelled or carried;

“vessel” (船隻) includes every description of vessel used in navigation for the carriage of persons or articles, whether or not the vessel is mechanically propelled and whether or not the vessel is towed or pushed by another vessel.

(2) Unless the context otherwise requires, a term used in this Ordinance and in the Convention but which is not defined in subsection (1) (whether or not a particular meaning is assigned to it by the Convention) has, in this Ordinance, the same meaning as in the Convention.[cf. Chemical Weapons (Prohibition) Act 1994, s. 7(2), Commonwealth of Australia]

(3) For the purposes of this Ordinance, in determining—

(a) the total amount of Schedule 1 chemicals that will be, or were, produced, acquired, retained or used at, or transferred from, a facility; or
(b) the total amount of Schedule 2 chemicals that will be, or were, produced, processed or consumed, at a facility,

any amount of such a chemical that is, or was, subjected to more than one of those activities at that facility is to be counted once only.[cf. Chemical Weapons (Prohibition) Act 1994, s. 10(1), Commonwealth of Australia]

(4) For the purposes of—

(a) Schedules 1, 2 and 3, whenever reference is made to groups of dialkylated chemicals, followed by a list of alkyl groups in parentheses, all chemicals possible by all possible combinations of alkyl groups listed in the parentheses are considered as listed in the respective Schedule as long as they are not explicitly exempted;
(b) Schedule 2, a chemical marked “*”, is subject to special thresholds for declaration and verification, as specified in Part VII of the Annex on Implementation and Verification to the Convention.