Waste
- 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.
The import of waste into HKSAR is controlled under a permit system administered by the Environmental Protection Department. Its requirements are tied in with those of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
A permit is required for import of the following types of waste:
(a) any waste of a kind specified in the Sixth Schedule of the Waste Disposal Ordinance (Cap.354, WDO), unless the waste is uncontaminated and is imported for the purpose of a reprocessing, recycling or recovery operation or the reuse of the waste;
(b) any waste of a kind specified in the Seventh Schedule of the WDO, or not specified in the Sixth Schedule of the WDO;
(c) any e-waste (i.e. air conditioners, refrigerators, washing machines, television sets, computers, printers, scanners and monitors that have been abandoned) that does not fall within the description of paragraph (a) or (b); or
(d) any container waste (i.e. glass container waste that has been abandoned) that does not fall within the description of paragraph (a) or (b).
Q3. The system applies to goods originating in and coming from which countries?
The import permit system applies to wastes originating in and coming from any places outside HKSAR.
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?
Other than those requirements of the Basel Convention, the system is not intended to restrict the quantity or value of imports. It serves to ensure that prior consents among the export, import and transit competent authorities concerned are obtained before commencement of any waste shipment. It facilitates the continuation of legitimate waste trade and to stop any illegal shipment. The system enables HKSAR to fulfil its international obligations under the Basel Convention and serves to ensure environmentally sound management of waste in the HKSAR. In addition, the import permit control on container waste is to support the implementation of the Producer Responsibility Scheme on glass beverage containers in Hong Kong.
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 permit system is a statutory requirement maintained under the Waste Disposal Ordinance (Cap. 354). Legislation does not leave designation of waste to be subject to control to administrative discretion. Any changes to the import permit 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)?
Permit applications should be lodged in advance of the importation. The processing time for an application varies from case to case, depending primarily on the time taken by the competent authorities of the exporting economies concerned to provide feedback for the application, and on whether the application form is duly completed and lodged with all the required supporting documents. To allow for sufficient time for the competent authorities to make responses, it is advisable for the applicants to lodge their applications at least 90 days before the commencement of the proposed shipment of waste.
Q7.b. Can a licence be granted immediately on request?
A permit cannot be granted immediately. Under the Basel Convention, consents from all export and transit economies concerned are required prior to any waste shipment. We are unable to issue any permit without obtaining the views from the export and transit economies concerned.
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 approval of waste import 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?
A waste import permit will normally be granted with or without conditions to the applicant if the ordinary criteria as stipulated in the Waste Disposal Ordinance (Cap. 354) are met (e.g., the proposed waste shipment is in line with the spirit and requirements of the Basel Convention, and the proposed waste shipment will be managed in an environmentally sound manner, etc.). Reasons for refusal will be given to the applicant. The applicant may appeal to the Appeal Board established under the Waste Disposal Ordinance (Cap. 354). In any case, it should be noted that to tie in with the latest requirements of the Basel Convention, import of hazardous waste from developed economies including Liechtenstein and member states of the Organisation for Economic Cooperation and Development and the European Union into the HKSAR has been banned since 28 December 1998.
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 firms and institutions are eligible to apply for a waste import permit. Nevertheless, the applicant should normally be the disposer or the importer of the waste.
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 required information is outlined in the permit application form at https://www.epd.gov.hk/epd/sites/default/files/epd/english/environmentinhk/waste/guide_ref/files/import_appn_form.pdf.
Q11. What documents are required upon actual importation?
On actual importation, the waste should be accompanied by the permit, a waste movement document recording the details of the waste shipment, and a liability insurance covering any claims arising out of damage to human health, property and the environment which may result from the waste import operation.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
An application fee of HK$11,595 or HK$18,430 will be charged for the application of a single shipment or a multiple‑shipment permit respectively.
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.
The applicant is required to deposit a bond or financial guarantee payable to the Government of the HKSAR. The amount of the bond or financial guarantee required will be determined on a case‑by‑case basis. It enables the waste disposal authority to recover cost of any seizure or disposal or alternative environmentally sound management of waste in case the intended waste shipment could not be completed as originally intended. The bond or guarantee will be returned to the applicant upon fulfilment and completion of all conditions of the shipment, including the final disposal/recycling of the waste.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
There are two types of permit, namely single-shipment permit and multiple shipment permit. Both permits have a maximum validity period of 12 months. The former type is valid for one shipment only, and whereas the latter type is for multiple shipments of the same type of waste from the same source and to the same disposer or recycler. The validity of a permit cannot be extended. A new application has to be lodged if the importing activity is to be continued after the validity period of the permit.
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 conditions are varied according to the type of wastes and country of origin. One essential condition is the taking back of the imported wastes if the wastes were found other than the permitted ones (i.e. specified in the permit) or if the wastes cannot be treated/recycled as intended and stranded in HKSAR for whatever reasons, the wastes shall be returned to the place of origin.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
There are no other administrative procedures required prior to importation.
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.