Cap 607 s 2 Interpretation (GENETICALLY MODIFIED ORGANISMS (CONTROL OF RELEASE) ORDINANCE)

Contents of Section

Chapter:	607	Title:	GENETICALLY MODIFIED ORGANISMS (CONTROL OF RELEASE) ORDINANCE	Gazette Number:	L.N. 170 of 2010
Section:	2	Heading:	Interpretation	Version Date:	01/03/2011

(1) In this Ordinance—
“adverse biosafety effect” (生物安全不利影響), in relation to a GMO, means any adverse effect of the GMO on the conservation and sustainable use of biological diversity;
“applicant” (申請人), in relation to a GMO approval application or variation request, means the person in whose name the application or request is made;
“approved GMO” (核准基因改造生物) means a GMO that is approved for release into the environment by—

(a) a decision of the Director under section 10(1)(a), 11(5)(a) or 12(1); or

(b) a decision of the Administrative Appeals Board on an appeal lodged under section 43(1);

“authorized officer” (獲授權人員) means an authorized officer appointed under section 29;
“Biosafety Clearing-House” (生物安全資料交換所) means the clearing-house mechanism established under Article 20 of the Protocol;
“competent authority” (主管當局)—

(a) in relation to a place that is a Party, means the authority designated by the place to perform, on behalf of the place, the administrative functions required of the place under the Protocol;

(b) in relation to a place that is not a Party, means the authority designated by the place to perform, on behalf of the place, the administrative functions that are similar or equivalent to those required of a Party under the Protocol;

“Conference of the Parties” (締約方大會) means the Conference of the Parties established under Article 23 of the Convention;
“confidential information” (機密資料) means any proposed confidential information that is not to be entered in the register according to—

(a) a decision of the Director under section 15(1)(a) or 16(3)(a); or

(b) a decision of the Administrative Appeals Board on an appeal lodged under section 43(1);

“Convention” (《公約》) means the Convention on Biological Diversity done at Rio de Janeiro on 5 June 1992, as amended from time to time;
“Director” (署長) means—

(a) the Director of Agriculture, Fisheries and Conservation;

(b) the Deputy Director of Agriculture, Fisheries and Conservation; or

“export” (輸出) means to take, or cause to be taken, out of Hong Kong;
“export notification” (輸出通知書) means a notification sent for the purposes of section 23(1)(a);
“genetically modified organism” and “GMO” (基因改造生物) mean a living organism that possesses a novel combination of genetic materials obtained through the use of modern biotechnology;
“GMO approval application” (基因改造生物核准申請) means an application made under section 8(1);
“import” (輸入) means to bring, or cause to be brought, into Hong Kong;
“living organism” (活生物體) means a biological entity capable of transferring or replicating genetic materials, including sterile organisms, viruses and viroids, but does not include a human being;
“modern biotechnology” (現代生物技術) means the application of in vitro nucleic acid techniques (including recombinant deoxyribonucleic acid (DNA) and direct injection of nucleic acid into cells or organelles), or techniques involving the fusion of cells beyond the taxonomic family, that—

(a) overcome natural physiological reproductive or recombination barriers; and

(b) are not techniques used in traditional breeding and selection;

“non-disclosure request” (不披露要求) means a request made under section 14(1);
“Party” (締約方) means a contracting party to the Protocol and includes a place to which the Protocol applies;
“pharmaceutical product” (藥劑製品) means a pharmaceutical product within the meaning of section 2(1) of the Pharmacy and Poisons Ordinance (Cap 138);
“prescribed fee” (訂明費用), in relation to a matter provided for in this Ordinance, means the fee specified in Schedule 5 in respect of the matter;
“proposed confidential information” (建議機密資料) means any information specified under section 14(2)(b) in a non-disclosure request;
“Protocol” (《議定書》) means the Cartagena Protocol on Biosafety to the Convention on Biological Diversity done at Montreal on 29 January 2000, as amended from time to time;
“Protocol instrument” (《議定書》文書) means—

(a) a decision adopted by the Conference of the Parties serving as the meeting of the Parties to the Protocol by virtue of Article 29 of the Protocol; or

(b) a notification made to the Biosafety Clearing-House by a competent authority;

“register” (紀錄冊) means the register established and maintained by the Director under section 27;
“Secretary” (局長) means the Secretary for the Environment;
“specified form” (指明表格) means a form specified under section 48;
“variation request” (更改要求) means a request made under section 11(1) or (2).
(2) For the purposes of this Ordinance, a GMO is in transit if—

(a) it is brought into Hong Kong solely for the purpose of taking it out of Hong Kong; and

(b) it remains at all times in or on the vessel, vehicle, train or aircraft in or on which it is brought into Hong Kong.

(3) For the purposes of this Ordinance, a GMO is in transhipment if—

(a) it is brought into Hong Kong solely for the purpose of taking it out of Hong Kong; and

(b) it is or is to be removed from the vessel, vehicle, train or aircraft in or on which it is brought into Hong Kong and—

(i) returned to the same vessel, vehicle, train or aircraft for the purpose of being taken out of Hong Kong; or

(ii) transferred to another vessel, vehicle, train or aircraft for the purpose of being taken out of Hong Kong.