DUTIABLE COMMODITIES (MARKING AND COLOURING OF HYDROCARBON OIL) REGULATIONS

DUTIABLE COMMODITIES (MARKING AND COLOURING OF HYDROCARBON OIL) REGULATIONS

DUTIABLE COMMODITIES (MARKING AND COLOURING
OF HYDROCARBON OIL) REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation Page

1. Citation .............................. ... ... ... ... ... ... ... C 2
2. Interpretation ........- ................. ... ... ... ... ... ... ... C 2
3. Marking and colouring of light diesel oil .. .. ... ... ... ... ... ... C 2
4. Marker and colouring substance ........ ........ ... ... ... ... ... ... C 2
5. Proportion of marker and colouring substance ... ... ... ... ... ... C 2
5A.Prohibition on using kerosene in motor vehicles ... ... ... ... ... ... . C 2
5B.Use of marked oil ......... ... ... ... ... ... ... ... ... ..... C 2
5C.Defence to charges under regulation 5A or 5B ... ... ... ... ... ... C 3
6-7.[Revokeal ...................... ... ... ... ... ... ... ... ... C 3
8. Samples ............................... ... ... ... ... ... ... ... C 3
9. Prohibition with regard to marker and colouring substance ... ... ... ... C 3
10.Storage of marked oil ...... ... ... ... ... ... ... ... ... .. ... C 4
11.Marking of container, etc., of marked oil ... ... ... ... ...... ... C 4
12.Delivery of marked oil ..... ... ... ... ... ... ... ... .. ... ... C 4
13.Offences and penalties..... ... ... ... ... ... .. .. ... ... ... C 4





DUTIABLE COMMODITIES (MARKING AND COLOURING
OF HYDROCARBON OIL) REGULATIONS

(Cap. 109, section 6)

[6 September 1963.]

1. These regulations may be cited as the Dutiable Commodities
(Marking and Colouring of Hydrocarbon Oil) Regulations.

2. In these regulations, unless the context otherwise requires-

'colouring substance' means the colouring substance specified in
regulation 4;

'marker' means the marker specified in regulation 4.

3. No light diesel oil shall be sold or supplied for marine or
industrial use unless there has been added to the oil in the manner
prescribed by the Commissioner and in the proportion specified in
regulation 5, the marker and colouring substance specified in regulation
4.

4. (1) The marker shall be 1,4-dihydroxyanthraquinone.

(2) The colouring substance shall be C.I. Solvent Red 24 as
described in the Colour Index, Second Edition (1956), compiled by the
British Society of Dyers and Colourists and the American Association
of Textile Chemists and Colourists.

5. (1) The marker shall be added in the proportion of not less than
175 grams of 1,4-dihydroxyanthraquinone to every 100 kilolitres of light
diesel oil.

(2) The colouring substance shall be added in the proportion of not
less than 400 grams of C.I. Solvent Red 24 to every 100 kilolitres of light
diesel oil.

5A. No person shall-

(a)use or permit the use of kerosene as a fuel in any motor vehicle;

(b) sell, supply or permit the sale or supply of kerosene for the
purpose of being used as a fuel in any motor vehicle;

(c)place, or cause to be placed in the fuel tank of any motor
vehicle any kerosene; or

(d)drive or be in charge of any motor vehicle which has kerosene
in the fuel tank of that motor vehicle.

5B. (1) Subject to paragraph (2), no person shall-





(a)use or permit the use of marked oil as a fuel in any motor
vehicle;

(b)sell, supply or permit the sale or supply of marked oil for the
purpose of being used as a fuel in any motor vehicle;

(c)place, or cause to be placed in the fuel tank of any motor
vehicle any marked oil; or

(d)drive or be in charge of any motor vehicle which has marked oil
in the fuel tank of that motor vehicle.

(2)The Commissioner, or any officer authorized by him in
that behalf may-

(a)by notice in writing permit the use of marked oil in a motor
vehicle not registered under the Road Traffic Ordinance for the
period stated in the notice;

(b)impose any condition or restriction as he thinks fit upon
giving the grant of such permission; and

(c)suspend such permission in the case of any breach of any
such condition or restriction.

5C. It shall be a defence for any person charged with an offence
under regulation 5A(a) or (d) or 5B(1)(a) or (d) to prove that he did not
know and could not by the exercise of reasonable diligence have
ascertained that kerosene or, as the case may be, marked oil was in the
fuel tank of the motor vehicle.

6-7. [Revoked, L.N. 8/87]

8. Any police officer or member of the Customs and Excise Service
may take a sample of any fuel from the fuel tank of any motor vehicle for
the purposes of an examination by himself as to its colour and, where the
sample appears to be marked or coloured, of analysis by a Government
Chemist.

9. No person shall-

(a)add any marker or colouring substance to any light diesel oil
except with the permission of the Commissioner;

(b)add to any light diesel oil any substance which is calculated to
impede the identification of any marker or colouring substance;

(c)remove any marker or colouring substance from any marked oil;

(d)import, buy, sell or otherwise deal in, or have in his possession
or under his control, any light diesel oil to which has been
added any substance which is calculated to impede the
identification of any marker or colouring





substance or from which any marker or any colouring
substance has been removed.

10. All marked oil shall be stored separately from other
hydrocarbon oil.

11. As and when the Commissioner requires, any drum, storage
tank, delivery pump or other container or outlet which contains marked
oil shall be conspicuously marked in English and Chinese 'THIS OIL IS
NOT TO BE USED FOR THE PROPULSION OF MOTOR VEHICLES'.

12. No person shall deliver marked oil to any other person without
also delivering a note bearing the statement in English and Chinese
'THIS OIL IS NOT TO BE USED FOR THE PROPULSION OF MOTOR
VEHICLES'.

13. (1) Any person who contravenes regulation 3, 5, 9, 10, 11 or 12
commits an offence and is liable to a fine of $5,000 and to imprisonment
for 6 months.

(2) Any person who contravenes regulation 5A or 5B commits an
offence and is liable to a fine of $ 100,000 and to imprisonment for 2
years.
L.N. 111/63. L.N. 125/63. 31 of 1969. L.N. 162/69. L.N. 189/82. L.N. 294/82. L.N. 8/87. Citation. L.N. 8/87. Interpretation. L.N. 8/87. L.N. 8/87. Marking and colouring of light diesel oil. L.N. 162/69. L.N. 294/82. L.N. 8/87. Marker and colouring substance. L.N. 8/87. Proportion of marker and colouring substance. L.N. 189/82. L.N. 8/87. Prohibition on using kerosene in motor vehicles. L.N. 8/87. Use of marked oil. L.N. 8/87. (Cap. 374.) Defence to charges under regulation 5A or 5B. L.N. 8/87. Samples. L.N. 8/87. Prohibition with regard to marker and colouring substance. L.N. 294/82. L.N. 162/69. L.N. 8/87. L.N. 162/69. Storage of marked oil. L.N. 8/87. Marking of container, etc., of marked oil. L.N. 294/82. L.N. 8/87. Delivery of marked oil. L.N. 8/87. Offences and penalties. L.N. 8/87.

L.N. 111/63. L.N. 125/63. 31 of 1969. L.N. 162/69. L.N. 189/82. L.N. 294/82. L.N. 8/87. Citation. L.N. 8/87. Interpretation. L.N. 8/87. L.N. 8/87. Marking and colouring of light diesel oil. L.N. 162/69. L.N. 294/82. L.N. 8/87. Marker and colouring substance. L.N. 8/87. Proportion of marker and colouring substance. L.N. 189/82. L.N. 8/87. Prohibition on using kerosene in motor vehicles. L.N. 8/87. Use of marked oil. L.N. 8/87. (Cap. 374.) Defence to charges under regulation 5A or 5B. L.N. 8/87. Samples. L.N. 8/87. Prohibition with regard to marker and colouring substance. L.N. 294/82. L.N. 162/69. L.N. 8/87. L.N. 162/69. Storage of marked oil. L.N. 8/87. Marking of container, etc., of marked oil. L.N. 294/82. L.N. 8/87. Delivery of marked oil. L.N. 8/87. Offences and penalties. L.N. 8/87.

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