Introduction

The Chemical Weapons (Convention) Bill  was passed by the Legislative Council on 2 July 2003 to be the Chemical Weapons (Convention) Ordinance ( "the Ordinance" ), which has been published in the Gazette on 11 July 2003. The Ordinance provides the Government with the necessary legal authority to fully implement the "Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction" ( the "Chemical Weapons Convention" or "the Convention" ) in the Hong Kong Special Administrative Region ( "Hong Kong" ). The Ordinance will come into force upon a date to be appointed by the Secretary for Commerce, Industry and Technology.

The Chemical Weapons Convention

1. The Chemical Weapons Convention is an international treaty that aims to prohibit the development, production, acquisition, stockpiling, possession, transfer and use of chemical weapons (Note1). It also requires the destruction of existing chemical weapons. Development, production, acquisition, possession, transfer and use of toxic chemicals and their precursors which are intended for industrial, agricultural, research, medical, and other peaceful uses are, on the other hand, permitted under the Convention, but such activities are subject to declaration and inspection requirements under the Convention. Accordingly, the Convention requires State Parties to submit annual reports on past and anticipated activities related to the chemicals listed in the three Schedules to the Convention ( "scheduled chemicals" ). Declarations on past activities are also required for certain discrete organic chemicals (Note2) which are not listed in the Schedules to the Convention (unscheduled discrete organic chemicals or UDOCs).

Major Requirements under the Convention

1. The Convention lays down detailed requirements and obligations on its State Parties. The major requirements under the Convention include :
   
   1. General obligations : Each State Party is required to ban the use and development of chemical weapons and to destroy any chemical weapons or related production facilities in its possession or located in any place under its jurisdiction or control;
      
   2. Declarations : Each State Party is required to make annual declarations on its past and anticipated production, consumption, storage, transfer facilities used in such processes and other related activities concerning scheduled chemicals (see Appendix 1) (pdf format); and
      
   3. Inspection : Each State Party has the obligation to allow and facilitate inspections of relevant sites and activities within its territory by an inspection team sent by the Secretariat of the Convention.

Implementation of the Convention in Hong Kong

1. The Convention came into force on 29 April 1997. The People's Republic of China is a signatory to the Convention and the Central People's Government has extended the application of the Convention to Hong Kong under Article 153 of the Basic Law. The Hong Kong Government will implement the Convention through the newly enacted Chemical Weapons (Convention) Ordinance and its own control system in accordance with the principle of "One Country, Two Systems".
   
2. At present, the import and export of scheduled chemicals are subject to licensing control administered by the Trade and Industry Department ( "the Department" ) under the Import and Export Ordinance and the Import and Export (Strategic Commodities) Regulations. The Weapons of Mass Destruction (Control of Provision of Services) Ordinance also prohibits the provision of services intended to assist the development, production, acquisition and stockpiling of chemical, biological and nuclear weapons. The existing controls however fall short of the full requirements of the Convention, hence the need for the new legislation.

Prohibition on Use and Development of Chemical Weapons

1. The Ordinance prohibits the use, development, production, possession and transfer of chemical weapons and military preparation for their use. In addition, any person who finds an article which he believes to be a chemical weapon is required to notify the Customs and Excise Department.

Permit and Notification System

1. To monitor the production and related activities pertinent to scheduled chemicals and unscheduled discrete organic chemicals, the Ordinance empowers the Director-General of Trade and Industry ("the Director") to administer a permit and notification system. Under the system, operators of facilities which deal with scheduled chemicals are required to obtain a permit from the Director for the operation of their facilities. In addition, operators who have obtained permits to operate their facilities are required to submit to the Director periodic reports regarding past and anticipated activities in their facilities, and to keep relevant records for not less than three years.
   
2. Operators of facilities shall notify the Director if they produce unscheduled discrete organic chemicals exceeding specified amounts. Such operators are also required to keep relevant records for not less than three years.
   
3. In order to enable the Government to obtain the necessary information required for making declarations under the Convention, the Ordinance also empowers the Director to demand from any person information that is relevant to the preparation of a declaration required under the Convention and pertinent to the chemicals controlled under the Convention.

Enforcement and Inspection

1. The Ordinance empowers officers of the Customs and Excise Department and officers authorized by the Commissioner for Customs and Excise to enter, search, inspect and conduct investigations on facilities as required to ensure compliance with the provisions of the Ordinance. The Ordinance also empowers the Commissioner for Customs and Excise or a magistrate to issue authorization in respect of an inspection conducted by an inspection team sent by the Secretariat of the Convention.

Impact of the Ordinance on Local Trade and Industry

1. The Ordinance will underline Hong Kong's commitment to internationally agreed arrangements on the ban of chemical weapons and on the monitoring of activities involving sensitive chemicals. It will help ensure Hong Kong's continued access to a full range of chemicals needed for local industrial, medical, research, and trading purposes.
   
2. According to the two rounds of survey conducted by the Government in 1998 and 2001, only a small number of establishments have been engaged in activities involving chemicals controlled by the Convention. These establishments may be subject to the permit, notification and other declaration requirements under the Ordinance.
   
3. The Department will launch a dedicated website on issues relating to the implementation of the Chemical Weapons Convention in Hong Kong in due course. Interested parties may also make reference to the Ordinance published in the Gazette on 11 July 2003 (Gazette No. 28, Vol. 7, Legal Supplement 1).

Note 1: "Chemical weapons", as defined under the Convention, includes any toxic chemicals and their precursors except where intended for purposes not prohibited under the Convention; munitions and devices specifically designed to cause death or other harm through the toxic properties of toxic chemicals and any equipment specifically designed for use directly in connection with the employment of these munitions and devices.

Note 2: "Discrete Organic Chemical" is defined as any chemical belonging to the class of chemical compounds consisting of all compounds of carbon except for its oxides, sulfides and metal carbonates, identifiable by chemical name, by structural formula, if known, and by Chemical Abstracts Service (CAS) registry number, if assigned.