Basic information
Outline of the 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.
With effect from 1 May 2023, a permit issued by the Environmental Protection Department is required for the import of glass container waste.
Product coverage
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; or
(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).
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 the environment.
Products under restriction as to the quantity or value of imports
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.
Questions for products under restriction as to the quantity or value of imports
Not applicable as the import control system is not intended to restrict the quantity or value of imports.
The system applies to products originating from which country?
The import permit system applies to wastes originating in and coming from any places outside HKSAR.
Expected duration of licensing procedure
Ongoing
Legal requirements
Is the licensing statutorily required?
The import permit system is a statutory requirement maintained under the Waste Disposal Ordinance (Cap. 354).
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Legislation does not leave designation of waste to be subject to control to administrative discretion.
Is it possible for the government to abolish the system without legislative approval?
Any changes to the import permit 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 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.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Environmental Protection Department
Address
25th Floor, Southorn Centre, 130 Hennessy Road, Wanchai, Hong Kong
Telephone
(852) 2755 5462
Fax
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Environmental Protection Department
Documentation requirements
What information is required in applications?
The required information is outlined in the permit application form at:
http://www.epd.gov.hk/epd/sites/default/files/epd/english/environmentinh....
What documents is the importer required to supply with the application?
The required information is outlined in the permit application form at:
http://www.epd.gov.hk/epd/sites/default/files/epd/english/environmentinh....
Window of submission of an application
How far in advance of importation must application for a licence be made?
Permit applications should be lodged in advance of the importation.
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 may be made.
Issuing the license
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.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
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.
Which administrative body is responsible for approving application of licences?
The Environmental Protection Department is the sole administrative organ responsible for the processing and approval of waste import 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 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.
Fees and other administrative charges
Is there any licensing fee or administrative 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.
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.
Is there any deposit or advance payment required associated with the issue of licences?
The applicant is required to deposit a bond or financial guarantee payable to the Government of the HKSAR.
Amount or rate?
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.
Is it refundable?
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.
What is the period of retention?
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.
What is the purpose of this requirement?
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.
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
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).
Are the reasons for any refusal given to applicants?
Reasons for refusal will be given to the applicant.
Have applicants a right of appeal in the event of refusal to issue a licence?
The applicant may appeal to the Appeal Board established under the Waste Disposal Ordinance (Cap. 354).
If so, to what bodies and under what procedures?
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.
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 importation may be made.
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.
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.
Conditions of licensing
What is the period of validity of a licence? Can the validity 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.
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.