GUNPOWDER AND FIREWORKS ORDINANCE, 1901

GUNPOWDER AND FIREWORKS ORDINANCE, 1901

No. 7 of 1901, repealed by No. 3,Of 1903.
No. 8 of 1901, repealed by Law Revision Ordinance', J937.
N o. 9 of 1901, repealed bv Law Revision Ordinance,, 1939.
No., 10 of 1901, Tepedled by No. 1 of 1903.
No. 11 of 1901, repealed by No'. 6 of 1932.
Nos. 12 and 13 of 1901, repealed by No. 8.0f 1912.

No. 14 of 1901.

An Ordinance to consolidate and antend the laws relating to
the manufacture of gunpowder and fireworks, and to
:regulate the sale and conveyance of gunpowder.

[12th October, 1901]

1. This Ordinance may be cited as the Gunpowder and
Fireworks Ordinance, igoi.

2. In this Ordinance,

(a) ' Factory magazine means a building for keeping the
gunpowder or fireworks made in the factory;
Fireworks ' means what is usually understood by the
term fireworks and includes Chinese crackers;
(c) ' 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 of, any. manufacture includes
any person carrying on such manufacture.

Restrictions on manufacture of,-gunpowder and fireworks.

3. . No person shall manufacture or cause to be manufactured
any gunpowder within such limits or parts of the Colony as may
be prescribed by rules made by the Governor in Council.





4. Outside such limits or parts no person shall manufacture
or cause to be manufactured 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 under this Ordinance.

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 accompanied by a plan (drawn to scale) of the pro-
posed 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 licence shall. contain the terms 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 from which it is to be
kept clear, or the distances to be maintained between the factory
or, any part thereof and other buildings and works;

(b) the situation, character and construction of all the
mounds, buildings and works on or connected with the factory
and the distances thereof from one another;

(c) the nature of the processes to be carried on in the factory
and in each part thereof, and the place at which each process
of 'the manufacture, and each description of the work connected
with the factory, is to be carried on, and the places in the factory
at which gunpowder and any ingredients of gunpowder, and
any articles liable to spontaneous ignition, or inflammable 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 same time in any
building or machine or, any process of the manufacture or within
a, limited distance from' such building or machine, having regard
to the situation and construction of such building and to the
distance thereof from any other building or anyworks;

(c) 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;

As amended by No. 25 of 1931 [16.10.31].





(f) the maximum number of persons to be employed in each
building in the factory; and
(g) any special terms 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 ' after 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 the establishment of the factory
on the proposed site.

6.--(1) No person shall manufacture or cause to be manu-
factured any fireworks except at a factory established on the site
and in the manner specified in a licence for the same granted
under this Ordinance.

(2) The Commissioner of Police may issue licences, which
shall contain such terms and conditions as the Governor may
in each particular case think fit, for the manufacture of fireworks
and for the storage of any 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 amount of ingredients which he proposes to store in connexion
with the factory, and the maximum number of persons to be
employed. in each building in the factory.

[(4), rep. No. 25 Of 1931.]

7. The Governor may at any time amend any such licence or
any of the terms thereof.

.8. Any licence issued under this Ordinance may be can-
celled at any time 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 returned unless the Governor in Council so directs.

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

(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 terms
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 adding to the site, or by externally
enlarging or adding to any building, or by altering any mound
otherwise than by enlargement, or by making any new work,
shall not he made except in pursuance of an 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 committed may be forfeited; and

(b) the occupier shall upon summary conviction be liable
to a. fine not exceeding in the. case of the first offence. five
hundred dollars, and in the case of a second or any subsequent
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 exceeding six months, 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 thoroughfare or public place.

11. All. gunpowder exceedipg one pound in weight, when
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 outermost receptacle con-
taining such gunpowder shall have affixed the word ' Gun-
powder.', in English or other European language and Chinese,
in conspicuous characters by means 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 in glass cases, secured so as
to protect the fireworks from ignition.

Conveyance of gunpowder.

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

(a) the gunpowder if not exceeding five pounds in amount
shall be contained in a substantial case, canister or other recep-
tacle made and closed so as to prevent the gunpowder from
escaping;

(b) the gunpowder if exceeding five pounds in amount
shall be contained either in a single package or 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 ac-
cidentally 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 a substantial case, canister or other receptacle made and
closed so as to prevent the gunpowder from 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, construc-
tion and character that it will not be broken or accidentally
opened, or become defective or insecure, whilst being ronveved
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 otherwise clean

(d) every package, whether single or double, when actually
used for the packing of gunpowder, shall not be used for any
other purpose;

(e) 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 or other material.;

the amount of the gunpowder in any single package, or
if there is a double package, in any one outdr package, 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 conspicuous characters, in English or other
European language and Chinese, by means of a brand or 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 the
purpose of rescinding, altering or adding to the general rules
contained in this section.

GovernTent supervision.

14.-(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 Governm ent inspector shall have power to.make
such examination and inquiry as may be necessary to ascertain
whether this Ordinance is complied with, and for that purpose-

(a) he may enter, inspect and examine any factory for
gunpowder or for fireworks and every part thereof, at all times
by day and by night, but so as not unnecessarily to impede
or obstruct the work in such factory, and may make inquiries
as to the observance of this Ordinance and all matters and
things relating to the safety of the public or of the persons
employed in or about such factory.; and

(b) he may, require the occupier of any factory which he is
entitled under this section to enter, or a person employed by
such occupier theiein, to give him samples of any gunpowder
and,fireworks, or of' any ingredients thereof,, or of any substance
therein.





(2) The occupier of every such factory, his agents and
servants, shall furnish the means required by the Government
inspector as necessary for every such entry, inspection,
examination and inqtiiry.

(1) Every person who fails to permit a Government inspec-
tor to enter, inspect, examine or make inquiries in pursuance
of this section or to comply with any requisition of such
inspector in pursuance of this section, or who in any manner
obstructs such inspector in the execution of his duties under
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 lawful for the Governor in Council to make
such rules as he may deem expedient with regard to the fees
to be paid by licensees and.with regard to the manufacture of
gunpowder and fireworks and the sale 'and conveyance thereof,
and with regard to the limits within which such manufacture
shall be entirely prohibited, and with regard to the structure
and working of and the, precautions 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
matters which the Governor in Council may deem expedient for
the better carrying out of this Ordinance.

17.-(1) Whenever there occurs any accident by explosion
or by fire in or about or in connexion with any premises licensed
under this Ordinance, the occupier of such premises,shall forth-
with 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 Commissioner of Police.

(2) Every such occupier as aforesaid who fails to comply
with this section shall be liable to a fine not exceeding two
hundred dollars.

Miscellaneous.

18. Every person who contravenes any of the undermen-
tioned sections of this Ordinance, or any of the. rules made
under this Ordinance, shall he deemed guilty of an offence and

As amended by No. 25 of 1931 [16.10.31].





shall upon summary conviction be liable to. the following penalties

(1) sections 3, 4 and 6-a fine not exceeding one thousand dollars for
every day during which the unlawful manufacture is carried on and, in default
of payment, to imprisonment for any term 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 manufacture is being carried
on or in the possession or under the control of any person convicted under
any of the said sections;

(2) sections 10,II and 12, or any rule made under this Ordinance-a fine not
exceeding one hundred dollars and., further, all or any part of the gunpowder
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.-(I) Every person who enters' without permission . or otherwise
trespasses upon any factory, or the land immediately adjoining thereto which
is occupied by the occupier of such factory, shall upon summary conviction
for every such offence, if not otherwise punishable, be liable to a fine not
exceeding ,fifty dollars and may be forthwith removed from such factory or
land. by any officer of police or by the occupier of such factory or any agent
or servant of or other person authorized 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 tends to
cause explosion or fire in or about such factory shall upon summary
conviction be liable to a fine not exceeding five hundred dollars.

(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 penalties under this section ; but the absence of any such notice or
notices shall not exempt a person from a penalty under this section.

20. Any person who is found committing any act for which
he is liable to a penalty tinder this Ordinance, and which tends
to cause explosion or fire in or about any factory, may be appre-
hended without a warrant by any officer of police or by the
occupier, or the agent or servant of or other person authorized
by the occupier, of such factory, and be removed from the place
at which he is arrested and 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 committed against this Ordinance, the magistrate may,
by warrant under his hand, direct any,officer of police to'enter,
at any time, any building, premises or place, with such assist-
ance and using stich force as may be 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 Ordianance 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 apprehend any person so offending or reasonably
suspected of so offending, and the magistrate may also, if he
thinks fit, order all or any part of such gunpowder, ingredient
of gunpowder, fireworks or thing to be forfeited.

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

23. This Ordinance shall not apply to Government, military,
naval or air force stores.
[20.11.33.] [Originally No. 20 of 1901. No. 18 of 1929. No. 25 of 1931. No. 25 of 1937. Law Rev. Ord., 1939.] Short title. Interpretation. 38 & 39 Vict. C. 17, s. 108. Prohibition of manufacture of gunpowder 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. [16.10.31.] 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. Apprehension 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.

[20.11.33.] [Originally No. 20 of 1901. No. 18 of 1929. No. 25 of 1931. No. 25 of 1937. Law Rev. Ord., 1939.] Short title. Interpretation. 38 & 39 Vict. C. 17, s. 108. Prohibition of manufacture of gunpowder 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. [16.10.31.] 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. Apprehension 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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