Chapter:	354O	Title:	WASTE DISPOSAL (CLINICAL WASTE) (GENERAL) REGULATION	Gazette Number:	L.N. 83 of 2010; L.N. 95 of 2011
Section:	3	Heading:	Proper disposal of clinical waste	Version Date:	01/08/2011

(1) A person who produces or causes to be produced any clinical waste, or who has possession or custody of any clinical waste, must dispose of it in a proper manner or cause or arrange for it to be disposed of in a proper manner.
(2) A person complies with subsection (1) in relation to clinical waste that the person produces or causes to be produced, or of which the person has possession or custody, at any land or premises only ifˇX

(a) the person consigns the clinical waste to a licensed waste collector for delivery from the land or premises to a reception point;
(b) the person, being a healthcare professional, delivers the clinical waste from the land or premises to a reception point or collection point;
(c) a healthcare professional, acting in his or her capacity as an employee of the person, delivers the clinical waste from the land or premises to a reception point or collection point;
(d) the person consigns the clinical waste to an authorized waste collector for removal from the land or premises;
(e) the person consigns the clinical waste to the collection authority that provides services for the collection and removal of clinical waste under section 9A of the Ordinance, or to a public officer authorized to provide those services under section 23A of the Ordinance, for removal from the land or premises; or
(f) if a waste disposal licence is in force in respect of the land or premises and the clinical waste may be disposed of at the land or premises in accordance with the licence, the personˇX
(i) disposes of the clinical waste at the land or premises in accordance with the licence; or
(ii) causes or arranges for the clinical waste to be disposed of at the land or premises in accordance with the licence.

(a) a person who has possession or custody of any clinical waste in the personˇ¦s capacity asˇX
(i) a licensed waste collector;
(ii) an authorized waste collector; or
(iii) the collection authority that provides services for the collection and removal of clinical waste under section 9A of the Ordinance, or a public officer authorized to provide those services under section 23A of the Ordinance;
(b) clinical waste at an off-site reception point; or
(c) clinical waste that is imported into, or is to be exported out of, Hong Kong under a permit issued under section 20A(3) or 20B(3) of the Ordinance.

(a) there is sufficient evidence to raise an issue that the person had possession or custody of the clinical waste in circumstances specified in subsection (3)(a) or the clinical waste fell within the description in subsection (3)(b) or (c); and
(b) the contrary is not proved by the prosecution beyond reasonable doubt.