Mercury and mercury mixtures
- Document symbol
- G/LIC/N/3/HKG/27
- Original language
- English
- Published on
- 09/11/2023
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
A permit is required for the import of mercury ("Mercury" means elemental mercury (Hg(0), Chemical Abstracts Service registry number 7439-97-6)) and mercury mixtures ("Mercury mixture" means a mixture, having a mercury concentration of at least 95% by weight, of mercury and other substances (including alloys of mercury)) that are subject to the control of the Minamata Convention on Mercury (Minamata Convention).
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The import permitting requirements are stipulated in the Mercury Control Ordinance (MCO) (Cap. 640). Under the MCO, anyone wishing to import any mercury and mercury mixtures needs to apply for an import permit, which is normally valid for one year. The permit is issued by the Environmental Protection Department.
The import permitting system does not apply if:-
(a) the mercury or mercury mixture is imported for use for laboratory-scale research or as a reference standard;
(b) the chemical, while being imported, is contained in packages or containers, and the total quantity of mercury in the type of chemical to which the chemical belongs in each package or container does not exceed 250g; and
(c) the total quantity of mercury in that type of chemical to be imported in the shipment by the person does not exceed 5kg.
Q3. The system applies to goods originating in and coming from which countries?
The import permitting and licensing system applies to mercury and mercury mixtures coming from any places. The import permitting system does not apply to air transshipment cargoes and transit of mercury and mercury mixtures.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
The import permitting system is not intended to restrict the quantity or value of imports, but to implement effective control to protect human health and the environment from anthropogenic emissions and releases of mercury and mercury compounds in accordance with, inter alia, the principles of the Minamata Convention.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
The import permitting system is statutorily required in the MCO. Any changes to the import permitting system require legislative approval.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
Processing time for permit applications varies from case to case, depending on the complexity of the application and the availability of supporting information from the importer. Any person who plans to apply for an import permit shall submit the completed application form and all relevant information not less than 30 working days in advance of the anticipated date of import.
Q7.b. Can a licence be granted immediately on request?
Since detailed assessment is required for processing the MCO import permit applications, these permits cannot be granted immediately upon request.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
There are no limitations as to the period of the year during which permit application and/or importation may be made.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
The Environmental Protection Department is the sole administrative organ responsible for the processing and issuance of MCO permit.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
Under normal circumstances, an MCO import permit is granted if the application meets the legal requirements stipulated in the laws as well as the requirements of the Minamata Convention. In the event of refusal to issue an MCO import permit, the reasons will be given. The applicant may appeal to the Administrative Appeals Board against the refusal.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
All persons, firms and institutions are eligible to apply for the MCO import permits. There is no published list of authorized importers.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
The information required for an MCO import permit application is outlined in the permit application form at:
Q11. What documents are required upon actual importation?
An MCO import permit are required upon actual importation.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
A non-refundable application fee of HK$1,860 is required at the time of submission of an application for a MCO import permit. Renewal application fee is HK$910.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
No deposit or advance payment is required.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
An MCO import permit is valid for generally 1 year from the date of issue. The permit holder may apply for renewal one calendar month before the expiry date. Application made after that will be treated as a fresh application.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for non-utilization.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
The permit is not transferable.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
The import permit conditions include the standard conditions, i.e. the date on which, or the period within which, the import may be carried out; the manner in which the import is to be carried out; the place at which the batch of chemicals is to be unloaded from any transport; the use of the chemicals as well as the requirement for the importer to keep a record of the use of the scheduled chemicals for inspection by Environmental Protection Department upon request.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Requirements under the Minamata Convention need to be observed.
Q19. Is foreign exchange automatically provided by the banking authorities for goods to be imported? Is a licence required as a condition to obtaining foreign exchange? Is foreign exchange always available to cover licences issued? What formalities must be fulfilled for obtaining the foreign exchange?
The banking authorities automatically provide foreign exchange for goods to be imported. No licence is required as a condition to obtaining foreign exchange.