DANGEROUS GOODS ORDINANCE, 1873

DANGEROUS GOODS ORDINANCE, 1873

No. 1 of 1873.

An Ordinance for the antend-pnent of the law with respect to thr
carriage and deposit of dangerous goods.

[9th July, 1873.]

I. This Ordinance may be cited as the Dangerous Goods
Ordinance. 1873.

2. In this Ordinance.

(a) 'Carrier' includes all persons caTryirig goods or
passengers for hire by land or water.

See No. 30 of 1933, s. 18, Revenue Otheers may arrest without warrant
in respect of offences against the provisions of this Ordinance. See
No. 2 of 1917.
As ainended by No. 34 of 1934 [9.11.34.]





(b) ' Dangerous goods ' means any of the goods or sub-
stances specified in sections 3 and 1, or which may be declared
to be dangerous goods by the Governor in Council under
section 5.

(c) ' Warehouse owner--- includes all persons owning or
managing any warehouse, store, quav, pier, or other premises
in which goods are deposited.

3. The following goods, V111., petroleum, nitroglycerine or
glonoine oil, gun cotton, fulminate of mercury or of other
metals, dynamite, blasting powders, gunpowder, fuses (other
than safet y fuses), rockets, detonators, cartridges, ammunition
of all descriptions (other than percussion caps or priming caps
or empty sporting cases), phosphorus, aqua fortis, vitriol,
naplitha and benzine, shall be deemed to be dangerous goods
within the meaning of this Ordinance.

4. For the purposes of this Ordinance, ' petroleum
inclodes crude petroleum, oil made from petroleum or from coali
shale, peat or other bituminous substances, and other products
of petroleum or of any of the above-mentioned oils, and mixtures
containing petroleum or any of the above-mentioned oils.

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

,(a) for declaring 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
(lie provisions of this Ordinance are deemed to be dangerous
,-oods 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;
(c) for exempting any substance, or any specified quantity
of any substance, or any specified form of any substance, from
an v
(f the provisions of this Ordinance or of anv Order in
Council (r regulation made under this Ordinance.

As arviended by Law Rev. Ord., 1957.
t As arnended hy No. 34 of IR~4 19.11.341.





for prescribing any tests to be applied. for any purpose
whatsoever to any dangerous goods or to any receptacle which
has contained petroleum -

(g) for prescribing the labels to be attached or affixed to
dangerous goods or other methods of marking such goods;

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

[(2), rep. Law Revision Ordinance, 1937.]

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

7. Where any dangerous goods are moved, stored, possessed,
landed, shipped, or transhipped, or are otherwise dealt with,
or where any ship, vessel, lighter or boat having on board any
dangerous 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 every 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 manifest of such dangerous goods.

(2) If such notice is not given and manifest 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 &-ttisfaction 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 good----

(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 drum, tin, case or other package containing them -shall have
attached thereto the label, if any, prescribed by the Governor in
Council under this Ordinance in respect of such goods.

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

10.-(i) Save in respect of dangerous goods carried as cargo
in ships to which section 8 applies, and save as hereinafter
mentioned or as may be provided by regulations made under
section 5, no person shall have in his possession, custody or
control, or in the possession, custody or control of any servant,
agent or warehouse owner, any dangerous goods except in
pursuance of a licence granted by the Commissioner 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 licence 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 keeping 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 control, or in the possession, custody or control of
any servant, agent or warehouse owner, in contravention of this

As amended by No. .34 of 1934 [9.11.34].
t As arnended by Law Rev. Ord., 1937.





section, such dangerous goods shall, together with the drums,
tins, cases or other packages containing the same, be liable to
forfeiture, and in addition such person shall be liable to
imprisonment for any term not exceeding six months and to a
fine not exceeding two hundred and fifty dollars, and further
such person shall also 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 on his behalf of any
servant, agent or warehouse owner.

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

11-(1) It shall be lawful for any police officer or officer of
the Fire Brigade, if authorized by (he Commissioner of Police
in that behalf-

(a) to search any place in -which such officer authorized as
aforesaid may have reasonable grounds for suspecting that there
may be any thing which under paragraph (c) is liable to
seizure ;

(b) to search, and if necessary to stop and search, any ship
(not being or having the status of a ship of war) in which such
officer may have reason to suspect that there may be any thing
which under paragraph (c) is liable to seizure

(c).to seize, remove and detain-

(i) any thing with respect to which such officer may have
reasonable grounds for suspecting that any offence against this
Ordinance has been committed;

(ii) any other thing which may appear to such officer likely
to be, or to contain, evidence. of any such offence.

(2) Such officer may-

(a) break open any outer or inner door of or in any such
place .;

(b) forcibly enter any such ship and every part thereof;

(c) remove by force any material obstruction to, or any
person obstructing, any arrest, detention, search, inspection,
seizure, or removal, which he is empowered, to make;
(d) detain every person found in such place until such place
has been searched; and

As amended by No. 20 of 1933 [13.10.33] and Law Rev. Ord., 1937.





(e) detain every such ship, and every person on board such
ship, and prevent every person from approaching or boarding
such ship, until such ship has been searched.

(3) Every person who delays or obstructs any detention,
arrest, search, inspection, seizure, or removal, which is authorized
by this Ordinance, shall be. liable to a fine not exceeding two
hundred and fiftv dollars.

(4) Any authority given by the Commissioner of Police
under this section may be given to an individual or to a, class,
and may be (i) general, so as to embrace all the powers
referred to in this section, or (2) limited,, so as to embrace
only a portion of those powers, or (3) particular, for a particular
occasion.

12. It shall be lawful for a magistrate to order to be forfeited
to the Crown any thing with respect to which any offence against
this Ordinance has been committed, ,~,hetber any perso n shall
have been charged with such an offence or not.

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 addition 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 delivery to or deposit with any svare-
house owner or carrier, without also giving notice in writing 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 sball
be liable to a fine not exceeding five hundred dollars, or to
imprisonment for any term not exceeding six months.

14. Provided always as follows:-

(i) 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 which he is convicted, that he did not know the nature

As amended by No. 2 of 1925 [6.3.25].





of the goods to which the information or indictment relates;
and

(2) any person accused of having committed a breach of
section 13 shall not be liable to be convicted thereof if he shows,
to the satisfaction of the court before which 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.

[s. 15, rep. No. 2 Of 1925.]

[s. 16, rep. No. 19 of 1922.]

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

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

18A.-(i) Every person who contravenes any of the pro-
visions of this Ordinance or of any regulation made thereunder
or who fails to observe any condition or restriction imposed by
or under this Ordinance shall be deemed to commit an offence
against this Ordinance.

(2) Every person who commits or attempts to commit any
offence against this Ordinance for which no special penalty is
provided shall be liable to a fine not exceeding two hundred and
fifty dollars.

19. This Ordinance shall not apply to His Majesty's ships
of war, or to the ships of war of any foreign nation, or to any
stores or. dep6ts or other premises belonging to His Majesty's
Government or to His Majesty's naval, military or air force
authorities within the Colony.

20. Nothing in this Ordinance shall be deemed to affect the
provisions of any Ordinance relating to gunpowder.

* As amended by No. 20 of 1933 [13.10.33].
+ As aniended by Law Rev. Ord., 1937.
[Originally No. 8 of 1873. No. 2 of 1925. No 18 of 1929. No. 20 of 1933. No. 34 of 1934. Law Rev. Ord. 1937.] Short title. Interpretation. 29 & 30 Vict. C. 69, s. 7. Enumeration of dangerous goods. Definition petroleum. 34 & 35 Vict. C. 105, s. 3. Regulations. Contravention of regulations. 34 & 35 Vict. C. 105, s. 4. Notice by owner or master of ship carrying dangerous goods. 34 & 35 Vict. C. 105, s. 5. Label on container of dangerous goods. 34 & 35 Vict. C. 105, s. 6. Regulations as to storage of dangerous goods. 34 & 35 Vict. C. 105, ss. 7, 9. Search. Forfeiture. Marking of dangerous goods and giving of notice of their character. 29 & 30 Vict. C. 69, s. 3. Provision for case of absence of knowledge of nature of goods. 29 & 30 Vict. C. 69, s. 4. [6.3.25.] Refusal of goods. 29 & 30 Vict. C. 69, s. 6. Proceedings for offences. Offences and penalties generally. Exemption of ships of war, etc. Saving as to Ordinances relating to gunpowder. [cf. No. 14 of 1901.]

[Originally No. 8 of 1873. No. 2 of 1925. No 18 of 1929. No. 20 of 1933. No. 34 of 1934. Law Rev. Ord. 1937.] Short title. Interpretation. 29 & 30 Vict. C. 69, s. 7. Enumeration of dangerous goods. Definition petroleum. 34 & 35 Vict. C. 105, s. 3. Regulations. Contravention of regulations. 34 & 35 Vict. C. 105, s. 4. Notice by owner or master of ship carrying dangerous goods. 34 & 35 Vict. C. 105, s. 5. Label on container of dangerous goods. 34 & 35 Vict. C. 105, s. 6. Regulations as to storage of dangerous goods. 34 & 35 Vict. C. 105, ss. 7, 9. Search. Forfeiture. Marking of dangerous goods and giving of notice of their character. 29 & 30 Vict. C. 69, s. 3. Provision for case of absence of knowledge of nature of goods. 29 & 30 Vict. C. 69, s. 4. [6.3.25.] Refusal of goods. 29 & 30 Vict. C. 69, s. 6. Proceedings for offences. Offences and penalties generally. Exemption of ships of war, etc. Saving as to Ordinances relating to gunpowder. [cf. No. 14 of 1901.]

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