Guidelines & References

Q.1

Are all waste import and export activities prohibited in Hong Kong?

A.

In Hong Kong, import/export of controlled waste are subject to permit control under the Waste Disposal Ordinance (WDO). Anyone who intends to import or export waste should ensure that the shipment complies with the WDO and the Basel Convention. Please refer to the guidelines issued by the Environmental Protection Department (EPD) for details. Under the Basel Ban, no hazardous waste from developed countries could be imported into Hong Kong.

Q.2

Is the re-export of hazardous waste or other waste subject to control under the Basel Convention allowed in Hong Kong?

A.

Before re-exporting hazardous waste or other waste subject to control under the Basel Convention through Hong Kong, the responsible party must obtain prior transit consent from the EPD in accordance with the Basel Convention.  Competent authority of the state of export must not allow the waste export shipment before the concerned state of transit (i.e. Hong Kong) and the state of import have consented to the movement of the waste, otherwise the movement is regarded as illegal traffic under the Basel Convention and the concerned waste will be repatriated to the state of export in accordance with the Basel Convention.

In general, the EPD would only consider issuing conditional transit consent to the competent authority of the state of export.  Relevant conditions include prohibiting the off-loading and re-loading of the waste (i.e. moving the waste from the means of transport on which the waste was brought into Hong Kong to means of transport) or other measures to prevent the waste from stranding in Hong Kong.

Q.3

What are the offence under the waste import and export control in Hong Kong? What is the maximum penalty for contravening the legislation?

A.

Importing or exporting controlled waste without a valid permit is an offence under the WDO. The maximum penalty is a fine of HK$200,000 and 6 months' imprisonment for the first offence, and a fine of HK$500,000 and two years' imprisonment for subsequent offence.  The illegally imported wastes will be repatriated to the place of origin and the cost will be borne by the offender.

Q.4

Is importing waste for disposal in Hong Kong allowed under the existing legislation?

A.

Disposal of imported waste in Hong Kong is not allowed under the existing legislation.  The maximum penalty for violating the legislative requirement is a fine of HK$200,000 and 6 months' imprisonment for the first offence, and a fine of HK$500,000 and two years' imprisonment for subsequent offence.  The illegally imported wastes will be repatriated to the place of origin and the cost will be borne by the offender/relevant party.

From time to time, some incoming cargoes may be found defective or damaged at the time of arrival and cannot be used for their originally intended purpose.  Such imported waste is also prohibited from disposal in Hong Kong and should be returned to the state of export as soon as possible.

Q.5

How to apply for an import permit or an export permit?

A.

To apply for a permit, the applicant should complete an application form and return it together with the necessary documents and prescribed fee to the EPD.  The prescribed fee is charged for processing each permit application and is non-refundable.  The permit may cover a single shipment or multiple shipments for which different fees are prescribed.  The maximum validity period of a multiple shipments permit is one year.  Permit application forms and guidelines for permit applications can be downloaded at the EPD's website.

Q.6

What is the application fee for an import or export permit?

A.

A prescribed fee is charged for processing each permit application and is non-refundable. Currently, the prescribed fees for the application of a single shipment and a multiple shipments permit are now HK$11,595 and HK$18,430 respectively. 

Q.7

Are all permit applications approved?

A.

The EPD processes each permit application in accordance with the WDO. The EPD may either issue, with or without conditions, or refuse to issue a permit.  In the case of refusal, the EPD will notify the applicant of the reasons for such refusal.

For approved waste shipments, there are terms and conditions to the permit to ensure that the waste will be managed in an environmentally sound manner.  For instance, a permittee is required to return the waste to the place of origin if any shipment could not be completed as intended.

Q.8

Is the Basel Convention which governs the control of transboundary movements of hazardous waste applicable to Hong Kong?

A.

China is a party to the Basel Convention. The Convention is applicable to Hong Kong Special Administrative Region (HKSAR). The EPD is designated as the competent authority under the Convention to enforce the control on import, export and re-export of controlled waste in Hong Kong.  Also, Hong Kong signed a Memorandum of Understanding with the Mainland in 2000, which was updated and renamed as "Cooperation Arrangement on Control of Waste Movements Between the Mainland and HKSAR" in 2007.  It requires the transboundary movements of waste between the two areas or waste shipments to overseas via the ports of the Mainland or the HKSAR to follow a prior informed consent mechanism.

Q.9

What is the contact point in Hong Kong for receiving notification of controlled waste shipments under the Basel Convention?

A.

The EPD is the competent authority for Hong Kong under the Basel Convention.  Relevant notification documents should be sent to the below address or submitted through e-mail.

Territorial Control Office
Environmental Compliance Division
Environmental Protection Department
The Government of the Hong Kong Special Administrative Region of the People's Republic of China,
28th Floor, Southorn Centre,
130 Hennessy Road, Wanchai,
Hong Kong, China

E-mail:    enquiry@epd.gov.hk

Fax:         (852) 2305 0453

Q.10

What is 'Basel Ban'? Is it implemented in Hong Kong?

A.

Having recognized that shipments of hazardous wastes from developed countries to developing countries would constitute a high risk of not having the waste managed in an environmentally sound manner, the parties to the Basel Convention adopted in the 3rd Conference of Parties in 1995 an amendment to the Basel Convention to ban the shipments of hazardous wastes from developed countries (listed in Annex VII of the Convention) to developing countries (those not listed in Annex VII of the Convention).  The amendment is termed the “Ban Amendment”.

The Ban Amendment was incorporated in the Waste Disposal Ordinance in April 2006 as the Laws of Hong Kong. The EPD, as the control authority, will not issue permits to allow import of hazardous waste (see the 7th Schedule of the WDO) from developed countries (see 9th Schedule of the WDO) to Hong Kong.

Q.11

Will the EPD permit the shipment of controlled waste between Hong Kong and a non-Party of the Basel Convention?

A.

According to the Basel Convention, the transboundary movement of controlled waste between Parties and non-Parties are prohibited  unless such movement is subject to bilateral, multilateral or regional agreements.  At present, there is no bilateral agreement in this regard applicable to Hong Kong.  The EPD would not consider any application for shipment of hazardous waste between Hong Kong and a non-Basel party.

Q.12

What kinds of waste are regarded as controlled waste in Hong Kong from waste import and export perspective?

A.

Controlled waste include hazardous waste (for example, waste batteries, waste oil, chemical waste and other waste of a kind specified in the 7th Schedule of the WDO), e-waste (i.e. abandoned air conditioners, refrigerators, washing machines, television sets, computers, printers, scanners and monitors) and container waste (i.e. abandoned glass container)(effective from 1 May 2023). Besides, the enhanced import and export control of waste paper and waste plastics have become effective. Please refer to the EPD's website for the relevant control.  As for other waste of a kind specified in the 6th Schedule, the waste is regarded as controlled waste if it is contaminated, or not imported or exported for the purpose of a reprocessing, recycling or recovery operation or the reuse of the waste.

Starting from 1 January 2021, the EPD has enhanced the import and export control measures for waste plastics. Any person importing or exporting “regulated waste plastics” shall apply for the relevant waste import / export permit or consent from the EPD in advance. For re-export of “regulated waste plastics” via Hong Kong, declaration form and relevant documents should be submitted to the EPD in advance for record purposes, so that the EPD may respond timely to the request of the state of export for consent to the transit arrangement.

On the other hand, any person shall, before importing, exporting or re-exporting “non-regulated waste plastics” into, from or via Hong Kong, submit in advance a declaration form and relevant documents to the EPD for record purposes. This is to prove that the waste plastics are not subject to permit control under the WDO requirements. Detailed guidelines and samples of declaration forms and necessary documents have been uploaded on the EPD website.

Since there is no recycling facility in Hong Kong that can receive imported waste paper at present, generally speaking, except for the waste paper that is re-exported via Hong Kong to other places for recycling, all waste paper shall not be imported into Hong Kong.

For export and re-export of waste paper, any person shall, before exporting or re-exporting waste paper from or via Hong Kong, submit in advance a declaration form and relevant documents to the EPD for record purpose.  This is to prove that the waste paper shipments to be exported or re-exported meet the requirements under the WDO, and import permission or equivalent confirmation has been obtained from the authority of the place of import. Detailed guidelines and samples of declaration forms and necessary documents have been uploaded on the EPD website.

Q.15

If I am aware of a suspected illegal waste shipment to/from Hong Kong, how can I inform the EPD?

A.

Any suspected illegal waste shipment to/from Hong Kong should be reported to the EPD as soon as possible.  Please contact us by phone [(852) 2755 5462], by e-mail (enquiry@epd.gov.hk) or by fax [(852) 2305 0453].  All information provided will be kept confidential.  Cooperation is appreciated.