Guidelines & References

Q.1

How does Hong Kong control the import and export of waste?

A:

Hong Kong controls the import/export of waste through the permit control scheme under the Waste Disposal Ordinance ("WDO"). Specifically, the WDO specifies recyclables outside of the control scope of the Basel Convention in its Sixth Schedule (e.g. non-hazardous metal scraps). Importing or exporting recyclables specified in the Sixth Schedule for the purpose of recycling do not require a permit as long as the recyclables are uncontaminated.

Hazardous waste (such as waste batteries, waste oil and, chemical waste), and electrical and electronic waste controlled by the Basel Convention are specified in the Seventh Schedule and Schedule 7A of the WDO respectively. Waste specificed in the Seventh Schedule and Schedule 7A not be imported or exported without a permit, regardless of the purpose of import /export or whether it is contaminated. Waste glass bottles covered the Producer Responsibility Scheme on Glass Beverage Containers are also subject to the waste import / export permit control.  

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, controlled waste may only move through Hong Kong by means of a transit operation. The EPD would consider issuing consent for transit of waste through Hong Kong on the condition that the waste, during the transit operation, remain at all times in or on the vessel, aircraft, train or vehicle in or on which it was brought into Hong Kong.

Q.3

What action constitute an 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?

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 HK$11,595 and HK$18,430 respectively. 

Q.7

Will all permit applications be 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 subject convention. The Convention is applicable to Hong Kong Special Administrative Region ("Hong Kong SAR"). 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 SAR.  Also, Hong Kong SAR signed a Memorandum of Understanding with the Mainland of China 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 Hong Kong SAR to follow a prior informed consent mechanism.

Q.9

For transboundary movement of controlled waste involving Hong Kong, which party should the Basel Convention notification be submitted to?

A:

The EPD is the competent authority for Hong Kong SAR under the Basel Convention.  Relevant notification documents should be submitted to the EPD by post or by e-mail.

Address: 25th Floor, Southorn Centre, 130 Hennessy Road, Wanchai, Hong Kong, China
E-mail:   wasteimportandexport@epd.gov.hk

Q.10

What is "Basel Ban"? Does it apply to Hong Kong?

A:

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, including China).  The amendment is also termed the " Basel Ban".

The  Basel Ban 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 Seventh Schedule of the WDO) from developed countries (see Ninth Schedule of the WDO) to Hong Kong.

Q.11

What are the "E-Waste Amendments"? Does it apply to Hong Kong?

A:

At the 15th meeting of the Conference of the Parties to the Basel Conventiom held in 2022, the Parties reviewed and adopted the amendments proposed by Ghana and Switzerland. The Conference of the Parties decided that, from 2025, the control scope of the Convention would be expanded from hazardous electrical and electronic wastes to include all electrical and electronic waste. The amendments aim to ensure that exported electrical and electronic wastes are properly handled in the state of import. The amendments are also known internationally as the "E-Waste Amendments".  As the amendments comes into effect, the state of export must first obtain prior consent from that state of import and state(s) of transit (if any) before allowing any proposed transboundary movement of electrical and electronic waste to commence.

In November 2024, the Legislative Council passed the "Waste Disposal (Amendment) Bill 2024", which put all electrical and electronic waste under the control of the import and export system of the WDO . Since the relevant controls came into effect on 1 January 2025, anyone who wish to import electrical and electronic waste into Hong Kong or to export electrical and electronic waste out of Hong Kong must first obtain a permit from the EPD.   

Q.12

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

A:

According to Paragraph 5, Article 4 of the Basel Convention, a Party shall not permit controlled wastes to be exported to a non-Party or to be imported from a non-Party. On the other hands, Article 11 of the Conevntion specified that Parties may enter into bilateral, multilateral, or regional agreement or arrangements regarding transboundary movement of controlled with non-Parties.  

Since China has not established any relevant agreements with non-Parties, Hong Kong SAR cannot permit controlled wastes to be exported to a non-Party or to be imported from a non-Party. 

Q.13

Does Hong Kong allow the import, export or re-export of waste plastics?

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 notice an illegal waste import or export shipment to/from Hong Kong, or if I have relevant intelligence, how do I inform the EPD?

A:

If you have intelligance about illegal waste import / export shipments, please call (852) 2755 5462, email to wasteimportandexport@epd.gov.hk, or fax to (852) 2305 0453. All information provided will be kept confidential. Thank you for your cooperation.