The Legal Control of Chlorofluorocarbon and Halon Substances in Hong Kong

Abstract

The Ozone Layer Protection Ordinance was recently enacted in response to Hong Kong’s international obligations under the 1987 Protocol on Substances that Deplete the Ozone Layer. Commencing July 1 1989, chlorofluorocarbon production and consumption in Hong kong will be frozen at 1986 levels. A further reduction in two stages to 50% of 1986 levels will be implemented by 1999. The production and consumption of halon substances will also be frozen at their 1986 levels from January 1 1992. The Ozone Layer Protection Ordinance seeks to reduce the consumption and production of ozone depleting substances by a system of quota allocations. Importers of scheduled chlorofluorocarbons will need to be registered with the Environmental Protection Department. Only registered persons will be issued an import or export licence. Many practical problems remain in giving effect to the Protocol. The Protocol does not initially prohibit the export of scheduled substances to count ries who are not parties to its provisions. However, commencing January 1 1993, a series of trade restrictions will be brought to bear on countries who are not parties to the Protocol. Graduated sanctions include: a ban on exporting prohibited substances to non-member countries; a total prohibition against importing items containing controlled substances from non-member states; a prohibition against exporting technology or equipment used in the production of such substances. The Protocol has major implications for Hong Kong. In the first place it must find a suitable substitute for controlled substances in various manufacturing processes. In addition, as almost 100% of Hong Kong’s re-exports of chlorofluorocarbons and halon substances are to non-signatory countries, there will be implications in giving full effect to the provisions of the Protocol in that regard as well.