Basic information
Outline of the 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).
Product coverage
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 250 grammes; and
(c) the total quantity of mercury in that type of chemical to be imported in the shipment by the person does not exceed 5 kilogrammes.
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Non-Automatic licensing to protect human, animal or plant life or health; pursue obligations under the UN Charter and other international treaties
Products under restriction as to the quantity or value of imports
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.
Questions for products under restriction as to the quantity or value of imports
There is no quota restriction for importing mercury and mercury mixtures and any importer can apply for an import permit. The MCO import permit application will be assessed on a case-by-case basis and a permit will be granted only if (i) the source of the mercury is allowed under the Convention (i.e. the mercury should not come from primary mercury mining conducted on or after the date of entry into force of the Convention on 16 August 2017, or excess mercury from the decommissioning of chlor-alkali facilities); (ii) the use of the mercury is allowed under the Convention (e.g. the mercury is used for laboratory-scale research or as a reference standard, or for manufacture of mercury-added products not disallowed under the Convention); (iii) the import of mercury is agreeable to the National Focal Point of the importing party (i.e. the Central People's Government of the People's Republic of China); and (iv) the imported mercury will be stored in an environmentally sound manner. Guidelines and application form are available on the website of the Environmental Protection Department at https://www.epd.gov.hk/epd/english/application_for_licences/applic_froms....
The system applies to products originating from which country?
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.
Expected duration of licensing procedure
Ongoing
Legal requirements
Is the licensing statutorily required?
The import permitting system is statutorily required in the MCO.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Is it possible for the government to abolish the system without legislative approval?
Any changes to the import permitting system require legislative approval.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
All persons, firms and institutions are eligible to apply for the MCO import permits.
Is there a registration fee?
Is there a published list of authorized importers?
There is no published list of authorized importers.
Contact point for information on eligibility
Ministry/Authority
Environmental Protection Department, Territorial Control Office, Environmental Protection Department, Government of the Hong Kong Special Administration Region
Address
34/F, Hopewell Centre, 183 Queen's Road East, Wan Chai, Hong Kong
Telephone
(852) 28383111
Fax
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Environmental Protection Department, Territorial Control Office, Environmental Protection Department, Government of the Hong Kong Special Administration Region
Documentation requirements
What information is required in applications?
The information required for an MCO import permit application is outlined in the permit application form at:
https://www.epd.gov.hk/epd/sites/default/files/epd/english/application_f...
What documents is the importer required to supply with the application?
Window of submission of an application
How far in advance of importation must application for a licence be made?
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.
Are there any limitations as to the period of the year during which application for licence can 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.
Issuing the license
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.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
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.
Which administrative body is responsible for approving application of licences?
The Environmental Protection Department is the sole administrative organ responsible for the processing and issuance of MCO permit.
Must the applications be passed on to other organs for visa, note or approval?
Are there any other conditions attached to the issue of a licence?
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.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
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.
Is there any deposit or advance payment required associated with the issue of licences?
No deposit or advance payment is required.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
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.
Are the reasons for any refusal given to applicants?
In the event of refusal to issue an MCO import permit, the reasons will be given.
Have applicants a right of appeal in the event of refusal to issue a licence?
The applicant may appeal to the Administrative Appeals Board against the refusal.
If so, to what bodies and under what procedures?
The applicant may appeal to the Administrative Appeals Board against the refusal.
Importation
Are there any limitations as to the period of year during which importation may be made?
There are no limitations as to the period of the year during which permit application and/or importation may be made.
What documents are required upon actual importation?
An MCO import permit are required upon actual importation.
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.
Conditions of licensing
What is the period of validity of a licence? Can the validity 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.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for non-utilization.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
The permit is not transferable.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
The banking authorities automatically provide foreign exchange for goods to be imported.
Is a licence required as a condition to obtaining foreign exchange?
No licence is required as a condition to obtaining foreign exchange.