DANGEROUS GOODS ORDINANCE, 1873

DANGEROUS GOODS ORDINANCE, 1873

No. 1 of 1873.

An Ordinance for the amendment of the law with respect
to the carriage and deposit of dangerous goods.
[9th July, 1873.]

1. This Ordinance may be cited as the Dangerous Goods
Ordinance, 1873.

2. In this Ordinance,
(a) Carrier includes, all persons carrying goods or
passengers for hire by land or water.
(b) Dangerous goods mean any of the goods or sub-
stances specified in sections 3 and 4, or which may be
declared to be dangerous goods by in order of the
Governor in Council under section 5.

As amended by Law Rev. Ord., l923.
As amended by Law Rev. Ord., 1923. Revenue Officers may arrest without
warrant in respect of offences against the previsions of this Ordinance. See
No. 2 of 1917.



(c) Warehouse owner includes all pesons owning or
managing any warehouse, store, quay, p0ier, or other premises
in which goods are deposited.

3. the following goods, viz., petroleum, nitroglycerine or
glonoine oil, gun cotton, fulminate of mercury or of other
metals, dyanmite, blasting powders, gunpowder, fuses (other
than safety fuese), reockets, detonators, cartrdiges, ammuni-
tion of all descriptions (other rthan percussion caps or priming
caps or empty sporting cases), phosphorus, aqua forits,
vitriol, naphtha and benzine, shall be deemed to be
dangerous goods within the meaning of this Ordinance.

4. For the purposes of this Ordinance, petroleum
inculdes crude petroleum oil made from petroleum, coal,
shale, peat or other bituminous substances and other products
of petroleum and mixtures containing petroleum.

5.-(1) It shall be lawful for the governor in Council to
make regulations for any of the following purposes:-

(a) for declarig that any substances whatever shall be
deemed to be dangerous goods within the meaning of this
Ordinance;

(b) for declaring that any substances which by virtue of
the provisions of this Ordinance are deemed to be gangerous
goods shall not be deemed to be dangerous goods;

(c) for regulating the possession, landing, shipment, tran-
shipment, storage and movement of dangerous goods;

(d) for providing for the issue of licences for prescribing
the conditions of such licences, and for fixing the fees to be
paid for such licences;

(e) for exempting any substance, or any specified quantity
of any substance, or any specified form of any substance,
form any of the provisions of this Ordinance or of any Order
in Council or regulation made under this Ordinance;

* As amended by law Rev. Ord., 1923, and Law Am. Ord., 1923.
+ As amended by No. 19 of 1922.

Under this section the following have been declared to be dangerous goods:
Gelatine dyanmite, cheddite, gelignite, blasting gelatine, bobbinite, compressed
gunpowder, rackarock, chlorate of potash mixture for rackarock.
Nitrobenzene or oil of mirbane (exceeding one pound in weight).
Picric explosive (including picriv acid exceeding one pound in weight, pictrates,
picric and prcrate mixtures), unless such picric explosive is mixed with not
less than half its own weight of water.































(f) prescribing any tests to be applied to any danger-
ous goods for any purpose whatsoever;

(g) generally for the purpose of carrying into effect the
provisions of this Ordinance.

(2) All regulations made under this Ordinance shall be
laid on the table of the Legislative Council at the first
meeting thereof held after the publication in the Gazette if
the making of such regulations, and if a resolution be
passed at the first meeting of the Legislative Council held
after such regulations have been laid on the table of the
said Council resolving that any such regulation shall be
rescinded, or amended in any manner whatsowver, the said
regulation shall, without prejudice to anything done there-
under, be deemed to be rescinded, or amended as the case
may be, as from the date of publication in the Gazette of
the passing of such resolution.

[s.6, rep. No. 19 1922.]

7. Where any dangerous goods are moved, stroed, pos-
sessed, landed, shiped, or transhipped, or are otherwise
dealt with, or where any ship, vessel, lighter, or boat having

Carbide of calcium.
Ether (exceeding one pound in weight).
Spirit of wine (exceeding two gallons).
Methylated spirit (exceeding two gallons).
Alcoholic liquid of a greater strength than 70 parts per cent. by weight of
alcohol (exceeding two gallons if kept for private use or exceeding 50 gallons
if kept for sale by retail).
Benzene (exceeding one pund in weight).

Any preparation or adaptation or any substance similar or not to the following used
or manufactured with a view to produce a parctical effect by explosion:-
Nitroglycerine, gun cotton, fulminate of mercury or of other metals,
dynamite, blasting powders, gunpowder, gelatine, dyanmite, cheddite,
gelignite, blasing gelatine, bobbinite, compressed gunpowder, rackarock,
chlorate of potash mixture for rackarock, and picric acid.
Compressed oxygen.
Compressed acetylene.
Dissolved acetylene.

Chlorage of potassium 9in quantities exceeding 1/4 lb.) and any other chlorate.
Acetone.
any inflammable liquid, not already, with or without excepted quantities,
declared to be dangerous, which when tested in manner for the time being
prescribed under the Dangerous Goods Ordinance, 1873, shows a flash point
below 150'F.

Compressed carbonic acid.
Compressed ammonia gas.

* As amended by No. 19 of 1922 and Law Am. Ord., 1923.





























on board any danerous goods is moored or anchored, or has
stopped, contrary to any regulations made under section 5,
the owner of such dangerous goods, or the owner and
master of such ship, vessel, lighter, or boat, as the case may
be, shall each be liable to a penalty not exceeding two
hundred and fifty dollars for each day during which such
contravention continues; and it shall be lawful for the
Harbour Master, or any other person acting under his
orders, to cause such dangerous goods, or such ship, vessel,
lighter, or boat, to be removed, at the expense of the owner
thereof, to such place as may be in conformity with the
said regulations, and all expenses incurred in such removal
may be recovered in the same manner in which penalties
are hereinafter made recoverable.

8.-(1) The owner or master of ever ship carrying a
cargo any part of which consists of dangerous goods shall,
on entering any harbour, give notice of the nature of such
cargo to the Harbour Master, and shall furnish him with a
true copy of the mainfest of such dangerous goods.

(2) If such notice is not given and mainfest furnished,
the owner and the master of such ship shall each be liable
to a fine not exceeding two thousand dollars, unless it is
shown to the satisfaction of the court that neither the owner
nor the master knew the nature of the goods to which the
proceedings relate, and could not with reasonable diligence
have obtained such knowledge.

9.-(1) Where any dangerous goods-

(a) are sent or conveyed by land or water between any
two places in the Colony; or

(b) are sold or exposed for sale,

the vessel or package containing them shall have attached
thereto a label in conspicuous characters in English and
Chinese, stating the description of the goods with the
addition of the word Dangerous, and with the further
addition,'

(a) in the case of a vessel or package sent or conveyed,
of the name and address of the sender; and

(b) in the case of a vessel or package sold or exposed for
sale, of the name and address of the vendor.

* As amended by Law Rev. Ord., 1923.
































(2) All dangerous goods which are sent, conveyed, sold
or exposed for sale in contravention of this section shall,
together, with the vessel or package containing the same,
be forfeited, and, in addition thereto, the person sending
conveying, selling, or exposing for sale the same shall be
liable to a fine not exceeding twenty-five dollars.

10.-(1) Save as hereinafter mentioned, or as may be
provided by regulation made under section 5, no person shall
have in his possession custody or power, or in the possession,
custody or power of any servant or agent of his, dangerous
goods except in pursuance of a licence granted by the
Gaptain Superilitendent of Police.

(2) A licence may be granted for a limited time, and may
be subject to renewal or not in such manner as the governor
may deem expedient.

(3) There may be annexed to any such licnece such con-
ditions as to the mode of storage, the nature and situation of
the premises in which, and the nature of the goods with
which, such dangerous goods are to be stored, the mode of
carrying such dangerous goods within the Colony, the keep-
ing of books in regard to the possession and use of dangerous
goods, and generally as to the safe keeping of such dangerous
goods, as to the Governor in Council may seem expedient.

(4) Any licensee violating any of the conditions of his
licence shall be deemed to be an unlicensed person.

(5) if any person has dangerous goods in his possession,
custody or power, or in the possession, custody or power of
any servant or agent of his in contravention of this section
such dangerous goods shall, together. with the vessels or
packages containing the same, be liable to forfeiture, and in
addition thereto such person shall be liable
for any term not exceeding six months and to a fine not
exceeding two hundred and fifty dollars, and in further
addition thereto, such person shall be liable to a fine not
exceeding one hundred dollars a day for each day after the
first day during which such goods are proved to have been
in his possession, custody or power or in the possession,
custody or power of any, servant or agent of his.

[(6) and (7), rep. No. 19 of 1922.]

* As amended by No. 19 of 1922, Law Rev. Ord., 1923, and Law Am. Ord., 1923.


11. Any dealer who-

(1) refuses to show to any officer authorised by the
Governor every or any place, or all or any of the vessels or
packages, in which dangerous goods in his possession are
kept; or to arve him such assistance as he may require for
examlimig the same; or

(2) wilfully obstructs any officer so authorised in the
execution of this Ordinance,

shall be liable, to a fine not exceeding one hundred dollars.

12.-(1) Where any magistrate is satisfied, by information
upon oath, that there is reasonable ground to believe that
any dangerous goods are being kept, sent, conveyed, or
exposed for sale within the Colony in contravention of this
Ordinance, at any place, whether a building or not, or in any
ship or vehicle, such magistrate shall grant a warrant by
virtue whereof it shall be lawful for any peson named in the
warrant to enter the place, ship, or vehicle mentioned in the
warrant, and eery part thereof, and examine the same and
search for such goods therein, and if any such goods are
found therein which are kept, sent, conveyed, or exposed for
sale in contravention of this Ordinance, to seize and remove
such goods and the vessels or packages containing the same,
and to detain such goods and vessels or packages until a
magistrate has determined whether the same are or are not
forfeited.

(2) The proceedings for such forfeiture shall be commenced
forthwwwith after the seizure.

(3) Any person seizing any dangerous goods in pursusance
of this section, shall not be liable to any action for detaining
the same or for any loss or damage incurred in respect of
such goods, otherwise than by any wilful act or neglect while
the same are so detained.

(4) Every person who-
(a) by himself or by any one in his employment or actng
by his direction or with his consent, refuses or fails to admit
into any place occupied by or under the control of such
person any person demanding to enter in pursuance of this
section; or

(b) in any way obstructs or prevents any such person in
or from making any such search, examination, or seizure,





























shall be liable to a fine not exceeding one hundred dollars,
and also to forfeit all the dangerous goods which are gound
in his possession or under his control.

13.-(1) No person shall deliver any dangerous goods to
any warehouse owner or carrier, or send or carry, or cause
to be sent or carried, any such goods to or from any part of
the Colony, or deposit such goods in or on any warehouse,
wharf, or quay, unless the true name or description of such
goods, with the additiion of the word Dangerous, in English
and Chinese, is distinctly written, printed, or marked on the
outside of the package, or, in the case of delivry to or deposit
with any warehouse owner or carrier, without also giving
notice in writng to him of the name or description of such
goods and of their being dangerous.

(2) Every person who commits a breach of this section
shall be liable to a fine not exceding five hundred dollars,
or to imprisonment for any term not exceeding six months.

14. Provided always as follows:-
(1) any person convicted of a breach of section 13 shall
not be liable to a fine of more than two hundred and fifty
dollars or to imprisonment, if he shows, to the satisfaction
of the court before whom he is convicted, that he did not
know the nature of the goods to which the information or
indictment relates; and

(2) any prson accused of having committed a breach of
section 13 shall not be liable to be convicted therof if
he shows, to the satisfaction of the court before whom he is
tried, that he did not know the nature of the goods to which
the information or indictment relates, and that he could not,
with reasonable diligence, have obtained such knowledge.

15. Where goods are delivered, sent, carried, or deposited
in contravention of section 13, they shall be forfeited, and
shall be disposed of in such manner as the Governor directs,
whether any person is liable to be covicted of a breach of
the said section or not.
[s.16, rep. No. 19 of 192.]

17. No warehouse owner or carrier shall be bound to
receive or carry any dangerous goods.

* As amended by No. 19 of 1922.
* As amened by Law Rev. Ord., 1923, and Law Am. Ord., 1923.





























18. All offences under this Ordinance may be dealt with
summarily by a magistrate.

19. This Ordinance shall not apply to His majesty's ships
or war, or to the ships of war of any foreign nation, or to any
stores or depots or other premises belonging to His Majesty's
government or to His Majesty's naval or military authorities
within the Colony.

20. Nothing in this ordinance shall be deemed to affect
the provisions of any Ordinance relating to gunpowder.
[Originally No. 8 of 1873. No. 19 of 1922. Law Rev. Ord., 1924.] Short title. Interpretation. 29 & 30 Vict.c. 69, s. 7. Enumeration of dangerous goods. Definition of petroleum. 34 & 35 Vict.c.105, s. 3. Regulations. [12th Oct., 1906.] Contravention of regulations. 34 & 35 Vict.c. 105, s. 4. [1st Dec, 1922.] [30th Apr., 1910.] [2nd Sept., 1910.] [12th May, 1911.] [4th Aug., 1911.] [26th Jan., 1912.] [1st Dec., 1922.] Notice of owner or master of ship carrying dangerous goods. 34 & 35 Vict.c. 105, s. 5. Label on vessel or case containing dangerous goods. 34 & 35 Vict.c. 105, s. 6. Regulations as to storage of dangerous goods. 34 & 35 Vict.c. 105, ss. 7, 9. Penalty on dealer refusing information, etc. 34 & 35 Vict.c. 105, s. 12. Search for dangerous goods. 34 & 35 Vict.c. 105, s. 13. Marking of dangerous goods and giving of notice of their character. 29 & 39 Vict.c. 69, s. 3. Provision for case of absence of knowledge of nature of goods. 29 & 30 Vict.c. 69, s. 4. Forfeiture of goods out marked, etc. 29 & 30 Vict.c. 69, s. 5. Refusal of goods 29 & 30 Vict.c. 69, s. 6. Proceedings for offences. Exemption of ships of war, etc. Saving as to Ordinances relating to gunpowder. [cf. No. 14 of 1901.]

[Originally No. 8 of 1873. No. 19 of 1922. Law Rev. Ord., 1924.] Short title. Interpretation. 29 & 30 Vict.c. 69, s. 7. Enumeration of dangerous goods. Definition of petroleum. 34 & 35 Vict.c.105, s. 3. Regulations. [12th Oct., 1906.] Contravention of regulations. 34 & 35 Vict.c. 105, s. 4. [1st Dec, 1922.] [30th Apr., 1910.] [2nd Sept., 1910.] [12th May, 1911.] [4th Aug., 1911.] [26th Jan., 1912.] [1st Dec., 1922.] Notice of owner or master of ship carrying dangerous goods. 34 & 35 Vict.c. 105, s. 5. Label on vessel or case containing dangerous goods. 34 & 35 Vict.c. 105, s. 6. Regulations as to storage of dangerous goods. 34 & 35 Vict.c. 105, ss. 7, 9. Penalty on dealer refusing information, etc. 34 & 35 Vict.c. 105, s. 12. Search for dangerous goods. 34 & 35 Vict.c. 105, s. 13. Marking of dangerous goods and giving of notice of their character. 29 & 39 Vict.c. 69, s. 3. Provision for case of absence of knowledge of nature of goods. 29 & 30 Vict.c. 69, s. 4. Forfeiture of goods out marked, etc. 29 & 30 Vict.c. 69, s. 5. Refusal of goods 29 & 30 Vict.c. 69, s. 6. Proceedings for offences. Exemption of ships of war, etc. Saving as to Ordinances relating to gunpowder. [cf. No. 14 of 1901.]

https://oelawhk.lib.hku.hk/items/show/1090

1923

v1

295

No. 1 of 1873

8