GUNPOWDER AND FIREWORKS ORDINANCE, 1901

GUNPOWDER AND FIREWORKS ORDINANCE, 1901

No. 14 of 1901.

An Ordinance to consolidate and amend the laws relating
to the manufacture of gi~npowder and fireworks and
to regulate the sale and conveyance of gunpowder

[5th October, 1,901..]

1. This Ordinance may be cited -is the Gunpower and
Fireworks Ordinance, 1901.

2. In this Ordinance,

(a) Factory magazine means a building for keeping
the gunpowder or fireworks rnade in the factory.

(b) Fireworks means what is usually understood by the
term fireworks and include chinese crackers.

Asamended hy Law Rev. Or(L, 1924.





Gunpowder means the common or black variety
,and includes nitro-compound explosives.
.(d). Occupier - includes -any number of persons and a
body corporate, and, in the case ofanyincludes
,Any person carrying on such manufacture.

Restrictions on manufacture of gunpowder and fireworeds.
3. No person shall mantifactitre or ct-uise to be manu-
factured arly-gunpowder within such limits or p of the
Colony as inay be prescribed by rules niade. by the Governor
in Council.

4.-(1) Outside such limits or parts no person shall inanu-
facture or cause to be lnanufactured in the Colony any
gunpowder, except at a factory established on the site and
in the manner specified in a licence for the same granted
wider this Ordinance.
(2) The fee for any such licence shall be twenty-five
dollars per annumpayable in advance.

5.-(1) An applicant for a licence -under section 4 shall,
if required to do so, submit for the approval of the Governor
a statement accorripanied by a plan (drawn to scale) of the
proposed factory and the site thereof (which plan shall be
deemed to form part of and to be included in, the expression
the licence
(2) The draft licenw-shall contain the ternis Which the
applicant proposes to have inserted in the licence, and shall
specify such. of the following matters as are applicable:-
(a) the boundaries of the land forming the site of the
factory and either any belt of land surrounding the site
which is to be kept clear, and the buildings and works Iron)
which it is to be kept clear, or the distances to be maintained
between the factory or ally part thereof and other buildings
and works;
(b) the situation, character, and construction of all the
mounds, buildigns and works on or connected with the
factory and the distances thereof from each other;
. (c) the nature of the processes to be carried oil in the
factory and in each part thereof, and the place at which each
process of the manufacture and each description of the work

AS alIkended by haw Rev. ord, 1924.





connected with the factory, is to be carred on, and the places
in the factory at which gunpowder and any ingredients of
gunpowder, and any articles liable to spontaneous ignition,
or inflammabel or otherwise dangerous, are to be kept;

(d) the amount of gunpowder and of ingredients thereof,
wholly or partly mixed, to be allowed at the sanie time in
any building or machine or ally process of the manufacture
or within a limited distance front such building or machine,
having regard to the situation and construction of such
builing and to the -distance thereof- from any other building-
or any ivorks;
. (e) the situation of each factory magazine and the
maximum amount of gunpowder to be kept in each factory
magazine and in each such building as aforesaid;

(f)the maximum number of persons to be employed in
each building in the factory; and
(g) any special ternis Which the applicant may propose by
reason of any special circumstances arising from the locality,
the situation or construction of any buildings or works, or
the nature of any process, or otherwise.

(3) The Governor, aftor examination of the proposal, may
reject the application altogether or may approve of the draft
licence, with or without modification or addition, and may
grant to the applicant permission for theof the
factory on the proposed site.

6.-(1) No. person shall mantifacture or cause to be inanu-
factured any fireworks except at a factory established on the
site and in the manner specified in a licence for sanie,
granted under this Ordinance.
(2) The Captain Superintendent of Police may issue
licences, which shall contain such terniss and conditions as
the Governor may in each particillar case think fit, for the
manufacture of fireworks and for the of an,),
ingredients to be used in connexion with such manufacture.
(3) An applicant for a licence to manufacture fireworks
shall specify the proposed site and construction of. the factory,
and the amomit.of ingredients which he'proposes to store in
connexion with the factory, and the maxiniuin of
perso 1 ns to be employed in each building in. the f.actory,
(4) The fee for any such licence shall be ten dollars per
annum payable in advandce.





7 * The governor may at any tinle arliend any such licence
Or any of tl.ie terms thereof.

-8- -Ally licence issued under this Ordinance may be can-
celled at any tinie by the Governor in Council for any cause
which the Governor in Council thinks fit ; in the event of
any such cancellation, neither. the licence fee nor any portion
thereof shall be retur ned, unless the Governor in Council so
directs.

9.--(1) In every factory for gunpowder or for fireworks,-- 1

(a) the factory or any part thereof shall not be used for
,any purpose not in accordance with the licence;

(b) the terms of the licence shall be duly observed, and
the manufacture or keeping, or any process in or work
connected with the manufacture or keeping, of gunpowder

or fireworks shall not be carried on except in accordance
with those terins; and

(c) the factory and every part thereof shall be maintained
in accordance with the licence; and any material alteration
in the factory, by enlarging or addig to the site, or by
externally enlarging or adding to any buildigns, or by altering
any mound otherwise than by enlargemnt,or by making
amending licence.

(2) In the event of any breach (by any act or default) of
this section in any factory,-

(a) all or any part of the gunpowder or ingredients thereof,
or the fireworks or ingredients thereof, in respect to which,
or being in any 'building or machine in respect to which, the
offence was conirnitted rnay be forfeited; and

(b) the occupler shall -upon. summary conviction be liable
to a fine not exceeding, in the case if the first offence, five
hundred dollars, and, in the case of a second or any sub-
sequent offence, one thousand dollars, and in addition five
hundred dollars for every day during which such breach
continues, and in default of payment of such fine in the case
of the first.offence, to imprisonment for any term not exceed-
ing six mouths and, in the case of a second or any subsequent
offence, to imprisonment for any term not exceeding twelve
months.





Sale of gunpowder and fireworks.
10, No gunpowder shall be hawked, sold,or exposed for
sale upon any highway, street, public thouroughfare or public
place.

11. All gunpowder exceeding one pound in weihgt, whert
publicly exposed for sale or sold, shall be in a substantial
case, canister, or other receptacle made and closed so as to
-prevent- the-gunpowder from escaping, -and the outern-tost
receptacle containing such gunpowder shall have affixed the
word Gunpowder, in English or other European language
and Chinese, in conspicuous characters by nleans of a brand
or securely attached label or other mark.

12. Fireworks kept or exposed for sale on any premises
shall be placed under cover in boxes or inglass casses, cecured
so as to protect the fireworks from ignition.

Conveyance of gunpowder.

.-(1) The following general rules shall be observed
with. respect to the packing of gunpowder for conveyance:-

(a) the gunpowder if not exceeding live pounds inanioiint,

shall be contained. in a substantial case, canister, or other
receptacle niade and closed so as to prevent the gunpowder
from escaping;

1 (6) the gunpowder, if exceeding five pounds in amount
shall be contained either in a single package ol. a double
package. A single package shall be a box, barrel, or case of
such strength, construction, and character that it will not be
broken or accidentally opened, or become defective or insecure,
whilst being conveyed, and will not allow the gunpowder to
escape. If the gunpowder is packed in a double package, the.
inner package shall be t SUbstantial case, canister, or other
receptacle made ancl closed so as to preveia the gunpowder
front escaping, and the outer package shall be a box, barrel,
or case of wood or metal or other solid material, and shall be
of such strength, constritetion, and charactel. that it will liot
be broken or accidentally opened, or beconie defective or
insecure, whilst being. conveyed, and will not allow the
gunpowder to escape;

(c) the interior of every package, whether single or double,
shall be kept free from grit and otherivise clean ;





(d) every package, whether single or double, when actually
used for the package of gunpowder, shall not be used for any
other purpose;
(c) there shall not be any iron or steel in the construction
of any such single package or inner or outer package, unless
the same is effectually covered with tin, zinc, ol. other
material;

the amount of the gunpowder in any single package,
or if there is a- double -package, in any one otiter packago,
shall not exceed one hundred pounds, except with the consent
.of and under conditions approved by the Governor; and
(g) on the outermost package there shall be affixed the
word gunpowder in cnspicuous charactes, in English
or other European language and Chinese, by means of a
brand ol. securely attached label or other mark.
. (2) In the event of any -breach (by any act or default) of
any rule in this section, the gunpowder in respect of which
the breach is committed may be forfeited, and the person
guilty of such breach shall further be liable to a penalty not
exceeding two hundred dollars.
(3) The Governor in Council may make rules for tht
purpose of rescinding, altering, or adding to the general rules
contained in this section.

Government supervision
1,4.-(1) The Governor may appoint any fit persons to be
inspectors for the purposes of this Ordinance, and any such
inspector is referred to in this Ordinance as a Government
Inspector.

(2) Every order appointing an inspector shall be published
in the Gazette.

15.-(1) A Government Inspector shall have power to
make such exan-Anation and inquiry as may be necessary to
ascertain whether this Ordinance is complied with, and for
that plixpose,

(a) lie may enter, inspect, and examine any factory for
gtinpowder or for fireworks and every part therof, at all
times by day and by night, but so as not to impede or
obstruct unnecessarily the work in such. factory, and may

As ameaded by Law Rov. Ord., 1924.





make inquiries as to the observance of this Ordinance, wid
all matters and things relating to the safety of the. public ot.
of the persons employed in or about such factory; and

(b) he may require the occupier of any factory which lie is
entitled tinder this section to enter, or a person employed
by such occupier therein, to give him sainples of any guin-
powder and fireworks, or of any ingredients thereof, or of
any substance therein.

-The occupier of every such factory, his agents and
servant-,, shall furnish the means required. by the Government
Inspector as necessary for every such entry, inspection,
examination, and inquiry.
1 (3) Every person who falls to permit a Government In-
spector to enter, inspect, examine, or make inquiries in
pursuance of this section or to comply with any requistion
of such Inspector in pursuance of this section, ot. who in any
manner obstructs such Inspector in the execution of his
duties tinder this Ordinance, shall upon summary conviction
be liable to a fine not exceeding one thousand dollars for
every offence, and in default of payment, to imprisonment
for any term not exceeding one year.

16. It shall be lawftil for the Governor in Council to
make-such rules as lie inay deem expedient with regard to
the manufacture of gunpowder and fireworks and the sale
and conveyance thereof, and with regard to the hinits within
which such manufacture shall be entirely prohibited, and
with regard to the structure and working of and the
preca-utions to be observed in any factory for gunpowder or
fireworks, and also with regard to the storage of fireworks,
and generally with regard to any inatters which the
Governor in Council may deem expedient for the better
carrying out of this Ordinance.

17.-(1) Whenevr there occurs any accident by explosloll
or by fire lit or about or in connexion with any premises
licensed under this Ordinance, the occupler of*stich premises
shall forthwith send or cause to be sent notice of such
accident, and of the loss of life or personal injury, if any,
occasioned thereby, to the Captain Superintendent of Police.
(2) Every such occupier as aforesaid who fall's. to Colliply
with this section shall be liable. to a fine riot exceeding twO
hundred dollars.





GUY-POTYPIEW AND FIRIT,1117ORKS. No. 14 of 1901. 1389

Miscellaneous.

18. Every person who contravenes any of the under-
mentioned sections of this -Ordinance, or any of the rules
made tinder this Ordinance, shall be deemed guilty of an
offence and shall upon summary conviction be liable to the
following penalties

(1) sections 3, 4, and 6,-a fine not exceeding one thou-
sand dollars for every day tring which the unlawful
manufacture is carried on, and, in default of payment, to
imprisonment for arty terin not exceeding one year, and
further if the magistrate thinks fit, forfeiture of all or any
part of the gunpowder or ingredients thereof, or of the
fireworks or ingredients thereof, which may be found in or
about the place where such unlawful nianufacture is being,
carried on or in the possession or tinder the control of aRy
person convicted tinder any of the said sections;

(2) sections 10, 11, and. 12, or any rule made under
this Ordinance,-a fine not exceeding one hundred dollars,
and, futher, all or any part of the gunpoweder or fireworks
hawked, sold, or exposed for sale or found in the possession
of a person convicted under any of the said sections or rules,
may be forfeited.

19.-(1) Every person who enters without permission Trespass ou
or otherwise trespasses -upon any factory, or the land factory,etc.
immediately adjoining thereto which is occupied by the
occupier of such factory, shall upon sainimary conviction for
every such offence, if not otherwise punishable, be liable to
a fine not exceeding fifty dollars, and may be forthwith
moved froin such factory or land by any officer of police
or by the occupier of such factory or any agent to, servant
of or other person authorised by such occupier.

(2) Every person, other than the occupier of or person
employed in or about any such factory, who is found
committing any act which iends to cause explosion or fixe in
or about such factory shall upon sunmmary conviction be
liable to a fine not exceedin five hundred dollars.

As amenchd by Laiv Rev. Ord., 1924.





(3) The occupier of any such factory shall. post up on
some conspicuous place or places a notice or notices warning
all persons of their liability to penallies under this section;
but the absence of any such notice or notice shall not
exempt a person froin a penalty under this section.

20. Any person who is found committing any aet for
which he is liable to a penalty under this Ordinance, and
which tends to cause explosion or fire in or about any factory,
may be apprehended without a warrant by any officer of
police or by the occupier, or the agent or servant of or other
person authorised by the occupier, of such factory, and be
removed from the place at which ge us arrested abd conveyed
as soon as conveniently may be before a magistrate.

21.-(1) Whenever it is made to appear to a magistrate.
that there is reasonable cause to suspect that any offence is
being cominitted against this Ordinance, the magistrate may,
by warrant under his hand, direct any officer of police to
enter, at any time, any bculding, premises, or place, with
Anch assistance and using such. force as may ge necessary
and to search the same and ascertain whether any such
offence has been or is being committed.

(2) If any gunpowder, ingredient of gunpowder, fireworks,
or other thing is or are found, with regard to which there is
reason to believe that any offence against this Ordinance
has been or is being committed, such officer may cause the
same to be conveyed before the magistrate or placed in safe
keeping, and may also app rehend any person so offending or
reasonably supsected of so offending, and the magistrate
may also, if he thinks fit, order all or any part of such gun-
powder, ingredient of gunpowder, or thing to be
forfeied.

22. Every licence issued under this Ordinance must be
renewed annually.

23. This Ordinance shall not apply to Government,
military,or naval stores. [Originally No.20 of 1901. Law Rev. Ord. 1924] Short title. Interpretation. 38 & 39 Vict. C. 17., s. 108. Prohibition of manufacture of gun-powder within prescribed limits. Licence for manufacture of gunpowder outside limits. Application for licence for factory, etc. 38 & 39 Vict. C.17, s.6. Prohibition of manufacture of fireworks without licence. Amendment of licence. Cancellation of Licence. Regulation of factories for gunpowder and for fireworks. 38 & 39 Vict. C. 17, s. 9. Street sales forbidden. 38 & 39 Vict. C.17, s. 30. Sale of gunpowder to be in closed case, etc., and labelled. 38 & 39 Vict. C. 17, s. 32. Fireworks for sale to be placed under cover. General rules as to packing of gunpowder for conveyance. 38 & 39 vict. c. 17, s. 33. Appointment of Government Inspectors. 38 & 39 Vict. C. 17, s. 53. Powers of government Inspector. 38 & 39 Vict. C. 17, s. 55. Rules relating to manufacture of gunpowder and fireworks, etc. Notification of accident by explosion or fire. 38 & 39 Vict. C. 17, s. 63. Penalties. Trespass on factory, etc. 38 & 39 Vict. C.17, s.77. Aapprehension without warrant of person committing dangerous offence. 38 & 39 Vict. C.17, s. 78. Issue of and proceedings under search warrant. Renewal of licence. Exemption of Government, etc., stores.

[Originally No.20 of 1901. Law Rev. Ord. 1924] Short title. Interpretation. 38 & 39 Vict. C. 17., s. 108. Prohibition of manufacture of gun-powder within prescribed limits. Licence for manufacture of gunpowder outside limits. Application for licence for factory, etc. 38 & 39 Vict. C.17, s.6. Prohibition of manufacture of fireworks without licence. Amendment of licence. Cancellation of Licence. Regulation of factories for gunpowder and for fireworks. 38 & 39 Vict. C. 17, s. 9. Street sales forbidden. 38 & 39 Vict. C.17, s. 30. Sale of gunpowder to be in closed case, etc., and labelled. 38 & 39 Vict. C. 17, s. 32. Fireworks for sale to be placed under cover. General rules as to packing of gunpowder for conveyance. 38 & 39 vict. c. 17, s. 33. Appointment of Government Inspectors. 38 & 39 Vict. C. 17, s. 53. Powers of government Inspector. 38 & 39 Vict. C. 17, s. 55. Rules relating to manufacture of gunpowder and fireworks, etc. Notification of accident by explosion or fire. 38 & 39 Vict. C. 17, s. 63. Penalties. Trespass on factory, etc. 38 & 39 Vict. C.17, s.77. Aapprehension without warrant of person committing dangerous offence. 38 & 39 Vict. C.17, s. 78. Issue of and proceedings under search warrant. Renewal of licence. Exemption of Government, etc., stores.

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