ACETYLATING SUBSTANCES (CONTROL) ORDINANCE

ACETYLATING SUBSTANCES (CONTROL) ORDINANCE

LAWS OF HONG KONG

ACETYLATING SUBSTANCES (CONTROL) ORDINANCE

CHAPTER 145





CHAPTER 145

ACETYLATING SUBSTANCES (CONTROL) ORDINANCE

ARRANGEMENT OF SECTIONS

section Page

PART 1

SHORT TITLE AND INTERPRETATION

1 Short title .............. .................. ... ... ... ... ... ... ... 2
2 Interpretation .................... ... ... ... ... ... ... ... ... ... 2

PART 11

CONTROL OF IMPORT. ExPORT, PROCURING. SUPPLY, DEALING IN OR WITH,
MANUFACTURE AND POSSESSION OF ACETYLATING SUBSTANCES

3 Import and export of acetylating substance ... ... ... ... ... .... ... ... 3

4 Supplying or dealing in or with acetylating substance ... ... ... ... ... 3

5 Manufacture of acetylating substance ... ... ... ... ... ... ... ... 4
6 Possession of acetylating substance ... ... ... ... ... ... ... ... 4
7 Acetylating substance in transhipment ... ... ... ... ... ... ... 4
8 Conditions and form of licence or perniit ... ... ... ... ... ... ... 4

9 Cancellation or suspension of licence or permit ... ... ... ... ... ... 4

PART III

EVIDENCE, SEARCH, SEIZURE, AND FORFEITURE

10 Presumption of possession and knowledge of nature of an acetylating
substance ........................................ ... ... ... ... ... .. 5

11 Presumption concerning manufacture of an aeLtylating substance ... ....... 6

12 Powers of search and seizure ... ... ... ....... ... ... ... ... 6
13 Forfeiture of acetylating substance ... ... ... ...... ... ... ... ... 8
14 Forfeiture of articles, etc. used in connexion with offence ... ... ... ... 8

PART IV

MISCELLANLOUS

15 Offences and penalties ....... ... ... ... ... ... ... ... ... ... ... 8
16 Regulations ....................... ... ... ... ... ... ... ... ... 9

17 Protection of informers .... - .. ... ... ... ... ... ... 9
18 Appeals to the Governor in Council ... ... ... ... ... ... ... ... 10
19 Saving .............................. ... ... ... ... ... ... ... ... 10

Schedule. Acetylating Substances................ ... ... ... ... ... ... ... ... 11





CHA'ER 145

ACETYLATING SUBSTANCES (CONTROL)

To control acetylating substances.

[Ist September, 1975.]

PART 1

SHORT TITLE AND INTERPRETATION

1. This Ordinance may be cited as the Acetylating Sub-
stances (Control) Ordinance.

2. (1) In this Ordinance, unless the context otherwise
requires-

'acetylating substance' means any substance specified in the
Schedule;

'container' means-
(a)any receptacle or thing whatever containing or enclosing
any quantity of any acetylating substance;
(b)any receptacle or thing whatever containing. or enclosing
any container or containers referred to in paragraph (a);
(c)any receptacle or thing whatever containing or enclosing
for keeping or storing or for transporting by sea, air or
land, in whatever number or size, any containers referred
to in paragraph (a) or (b);

'Director' means the Director of Commerce and Industry;

'licence' means a licence issued by the Director under this
Ordinance;

'manufacture', in relation to an acetylating substance, includes
carrying on any process in the manufacture of that acetylating
substance;

'member of the Preventive Service' means any person holding
an office specified in the First Schedule to the Preventive
Service Ordinance;

'permit' means a permit issued by the Director under this
Ordinance.
(2) For the purposes of this Ordinance a person-
(a)exports an acetylating substance if, not being an acetylat-
iner substance in transit, he takes it or causes it to be
taken out of Hong Kong;
(b)imports an acetylating substance if, not being an acetylat-
ing substance in transit, he brings it or causes it to be
brought into Hong Kong.





(3) For the purposes of this Ordinance an acetylating, sub-
stance is in transit if, but only if-
(a) it has been brought into Hong Kon. for the sole purpose
of being taken out of Hong Kong; and
(b) at all times whilst it is in Hon. Kong it remains-
(i) in or on the vessel, aircraft or vehicle in or on
which it arrived in Hong Kong; and
(ii) in the container in which it arrived in Hong Kong.

(4) For the purposes of this Ordinance an acetylating sub-
stance is in transhipment if it-
(a)is brought into Hong Kong for the sole purpose of being
taken out of Hong Kong; and
(b)is removed from the vessel, aircraft or vehicle in or on
which it arrived in Hong Kong pending its being taken
out of Hong Kong in another vessel, aircraft or vehicle.

PART 11

CONTROL OF IMPORT, ExPORT, PROCURING, SUPPLY,
DEALING IN OR WITH, MANUFACTURE AND
POSSESSION OF ACM'LATING SUBSTATN'ClIS

3. Save under and in accordance with a licence, no person
shall, on his own behalf or on behalf of any other person-
(a)import into or cause to be imported into Hong Kong:
(b)export from or cause to be exported from Hone Kong; or
(c)do any act preparatory to or for the purposes of import-
ing or exporting,
any acetylating substance, whether or not the same is ascertained
or appropriated or in existence.

4. (1) Save under and in accordance with a licence, no
person shall, on his own behalf or on behalf of any other person,
whether or not such other person is in Hone, Kon-
(a) supply or procure or offer to supply or procure:

(b) in any way deal in or with or purport to deal in or with,
any acetylating substance, whether or not the same is in Hon.
Kono, or is ascertained or appropriated or in existence.

(2) No person shall supply or procure or offer to supply or
procure, any acetylating substance to or for any person in Hong
Kong unless-
(a) the latter person holds a licence to possess that acetylat-
ing substance; and
(b) the acetylating substance is to be supplied or procured
in accordance with the conditions of the licence.





5. Save under and in accordance with a licence and on
premises specified in such licence, no person shall manufacture
any acetylating substance or do any act preparatory to or for the
purpose of such manufacture.

6. Save under and in accordance w;th a licence, no person
shall have in his possession any acetylating substance unless the
same is in transit.

7. (1) Save under and in accordance with a removal permit
issued by the Director, no person shall-
(a)remove any acetylating substance which is in tranship-
ment from the vessel, aircraft or vehicle in or on which
it was imported into Hong Kong; or
(b)in any way move any acetylating substance within Hong
Koni, after its removal froin the vessel, aircraft or vehicfe
in or on which it was imported into Hong Kong.

(2) Except on the instructions in writing of the Director, no
person shall wilfully open or break any container containing an
acetylating substance which is in transit or in transhipment.

8. (1) A licence or permit shall-
(a) be subject to such conditions; and
(b) be in such form,
as the Director may specify.

(2) A licence or permit shall be valid for the period stated
in the licence or permit.

(3) The Director may at any time alter the particulars of a
licence or permit or cancel or vary any conditions or specify new
conditions.

(4) Where the Director-
(a)alters any of the particulars of a licence or permit: or
(b)cancels or varies the conditions of a licence or perniit
or imposes new conditions,
he shall notify the holder of the licence or permit who shall
forthwith surrender his licence or permit to the Director.
(5) Where the holder of a licence or permit surrenders his
licence or permit to the Director subsection (4), the Director
shall issue him with a new licence or permit.

9. (1) The Director may at any time cancel or suspend a
licence or permit-
(a) at the request of the holder of the licence or permit:
(b) if any condition of the licence or permit is contravened:
(c) if the holder of the licence or permit or a person employ-
ed by him commits an offence under this Ordinance:





(d)if the Director is satisfied that the licence was issued by
him as a result of a false misrepresentation of any fact
or other unlawful act of.the applicant; or


(e)if the Director is of opinion that it is for any reason in
the public interest to cancel or suspend the licence or
permit and the holder of the licence or permit, having
been required to do so in writing by the Director, has
failed within 1 month to show good cause why the
licence or permit should not be cancelled or suspended.

(2) The Director may cancel a licence or permit on the death
of the holder of the licence or permit.

(3) Where the Director cancels or suspends a licence or
permit under subsection (1), he shall forthwith notify the holder
of the licence or permit and shall state the reason therefor.

(4) Where the Director has notified the holder of a licence
or permit under subsection (3) of the cancellation or suspension
of his licence or permit, the holder of the licence or permit shall
forthwith surrender the licence or permit to the Director.

(5) Where a licence permit which has been suspended is
surrendered, the Director shall on the termination of the period
of suspension reissue the licence or permit to the holder of the
licence or permit.

PART 111

EVIDENCE, SEARCH, SEIZURE, AND FORFEITURE

10. (1) Any person who is proved to have had in his
possession or custody or under his control-
(a)any thing whatever containing an acetylating substance;
(b)the, keys of any thing whatever containing an acetylating
substance;
(e)any place or premises or part of any place or premises
in which an acetylating substance is found;
(d)the keys to any place or premises or part of any place
or premises in which an acetylating substance is found,

shall, until the contrary is proved, be presumed to have had the
acetylating substance in his possession.

(2) Any person who is proved to have had in his possession
or under his control or subject to his order-
(a)a document of title to goods as defined in section 2 of
the Sale of Goods Ordinance; or





(b)any of the following documents, whether or not they
are documents of title to goods as defined in section 2
of the Sale of Goods Ordinance-
(i) a dock warrant;
(ii) a godown warrant or receipt;
(iii) a warehouse keeper's certificate, warrant or order
for the delivery of goods;
(iv) a baggage receipt or a document or thing intended
to serve the purpose of a baggage receipt,
relating to any thing containing any acetylating substance shall,
until the contrary is proved, be presumed to have had such
acetylating substance in his possession.

(3) Any person who is proved or presumed to have had an
acetylating substance in his possession shall, until the contrary is
proved, be presumed to have known the nature of the acetylating
substance.

(4) The presumption provided for in this section shall not
be rebutted by proof that the defendant never had physical
possession of the acetylating substance.

11. Where it is proved that any person was found in, or
escaping from, any premises, or the part of any premises, in
which-
(a)an acetylating substance was being manufactured; or
(b)equipment or material which is referable to the manu-
facture of an acetylating substance was found,
such person shall, until the contrary is proved, be presumed to
have been manufacturing or doing an act preparatory to or for
the purpose of manufacturing an acetylating substance.

12. (1) For the purposes of this Ordinance any police officer
or any member of the Preventive Service may-
(a)stop, board and search any vessel (other than a ship of
war), aircraft (other than a military aircraft) or vehicle
which has arrived in Hong Kong and remain thereon as
long as it remains in Hong Kong;
(b)stop, board and search any Vessel (other than a ship of
war), aircraft (other than a military aircraft) or vehicle if
he has reason to suspect that there is therein an article
liable to seizure;
(c)subject to subsection (6), enter and search any place or
premises if he has reason to suspect that there is therein
an article liable to seizure;

(d)stop and search any person, and search the property of
any person if-
(i) he has reason to suspect that such person has in
his actual custody an article liable to seizure;





(ii) such person is found in any vessel, aircraft, vehicle,
place or premises in which an article liable to seizure is
found.

(2) Any public officer may seize, remove and detain any-
thing if he has reason to suspect that such thing is an article liable
to seizure.

(3) For the purposes of this Ordinance and subject to sub-
section (6), any public officer authorized in writing by the Director
may-
(a)enter, inspect and search any place or premises occupied
by a person to whom a licence or permit has been issued
under this Ordinance;
(b)require the production of any register, record, book or
other document relating to dealings in an acetylating
substance;
(c)inspect any such register, record, book or other document;
(d)inspect any stocks of an acetylating substance in the
possession of such person.

(4)Any public officer may-
(a)break open any outer or inner door of or in any place
or premises which he is empowered by this section to
enter and search;
(b)forcibly board any vessel, aircraft or vehicle which he
is empowered by this section to board and search;
(c)remove by force any person or thing who or which
obstructs any entry, search, inspection, seizure, removal
or detention which he is empowered by this section to
make;
(d)detain any person found in any place or premises which
he is empowered by this section to search, and prevent
any person from approaching or boarding such vessel,
aircraft or vehicle until it has been searched.

(5) No female shall be searched under this section except by
a female and no person shall be searched under this section in a
public place if he objects to being so searched.

(6) No domestic premises shall be entered and searched
under this section unless a member of the Preventive Service of or
above the rank of Revenue Inspector or a police officer of or above
the rank of Inspector is present.

(7)In this section, 'article liable to seizure' means-
(a)any acetylating substance referred to in section 13;
(b)any money or thing which is liable to forfeiture under
this Ordinance; and
(c)anything which is or contains evidence of an offence
under this Ordinance.





13. Any acetylating substance in respect of which an offence
under this Ordinance is being or has been committed shall, with
effect from the seizure thereof under section 12, be forfeited to the
Crown.

14. (1) A court may (whether or not any person has been
convicted of such offence) order to be forfeited to the Crown-
(a)any money or thing (other than premises, a ship exceed-
ing 250 gross tons, an aircraft or a train) which has been
used in the commission of or in connexion with an
offence under this Ordinance; and
(b)any money or other property received or possessed by
any person as the result or product of an offence under
this Ordinance.

(2) An order under subsection (1) for the forfeiture of a
thing may include a term permitting a specified person or persons
to redeem such thing on such conditions, including conditions as
to the payment of the value or a proportion of the value thereof
to the Crown, as the court may think fit.

(3) The court may require that notice of an application for
forfeiture under subsection (1) shall be given in such manner as
it thinks fit.

(4) The Governor in Council may, in his absolute discretion
and after any proceedings under this Ordinance are concluded,
entertain and give effect to any moral claim to or in respect of any
money, thine, or other property which has been forfeited to the
Crown.

PART IV

MISCELLANEOUS

15. (1) Any person who contravenes any of the provisions
of section 3, 4, 5, 6 or 7 shall be guilty of an offence and shall be
liable-
(a)on conviction on indictment, to a fine of $1,000,000 and
to imprisonment for 15 years; and
(b)on summary conviction to a fine of $500,000 and to
imprisonment for 3 years.

(2) Any person who, being the holder of a licence or permit
or being the person to whom a licence or permit has been issued,
fails to surrender his licence or permit when required under section
8(4) or 9(4) shall be guilty of an offence and shall be liable on
conviction to a fine of $10,000 and to imprisonment for 1 year.
(Amended, L.N. 189175)

(3) Any person who-
(a)fails to comply with a requirement of a public officer
under section 12(3)(b); or





(b)obstructs a public officer in the exercise of any power
conferred on him under section 12,

shall be guilty of an offence and shall be liable on conviction to a
fine of $5,000 and to imprisonment for 6 months.

(4) Any person who-
(a)for the purpose of obtaining, whether for himself or for
any other person, the issue or renewal of a licence or
permit, makes any declaration or statement which is false
in a material particular; or
(b)knowingly utters, produces or makes use of any such
declaration or statement or a document containing any
such declaration or statement,

shall be guilty of an offence and shall be liable on conviction to
a fine of $10,000 and to imprisonment for 3 years.

16. (1) The Governor in Council may make regulations for
all or any of the following matters-
(a)the issue of licences and permits for the purposes of
this Ordinance;

(b) the records to be kept, returns to be made and informa-
tion and particulars to be given by a person holding a
licence or permit;
(c) fees and charges;

(d) (i) the storage of acetylating substances;
(ii) the registration of premises in connexion with the
importing, exporting, manufacturing, processing, storage,
distribution, sale or other dealing in acetylating sub-
stances; and
(iii) the cancellation, revocation and suspension of any
such registration;

(e)the material, colour and markings of packages, bottles
and other containers for acetylating substances;
generally for the better carrying out of the provisions and
purposes of this Ordinance.

(2) Regulations under this section may provide that a con-
travention of any such regulations shall be an offence and shall be
punishable on conviction by a fine not exceeding 5100,000 and
imprisonment for a term not exceeding 2 years. (Amended, 44 of
1975,s. 2)

17. (1) Save as provided in subsection (2)-
(a)no information for an offence under this Ordinance shall
be admitted in evidence in any civil or criminal proceed-
ing; and





(b)no witness in any civil or criminal proceedings shall be
obliged-
(i) to disclose the name or address of any informer
who has given information to the Preventive Service or
police with respect to an offence under this Ordinance
or of any person who has assisted the police in any way
with respect to such an offence; or
(ii) to answer any question if the answer thereto would
lead, or could tend to lead, to discovery of the name or
address of such informer or person,
if, in either case, such informer or person is not himself
a witness in such proceeding, and, if any books, docu-
ments or papers which are in evidence or liable to inspec-
tion in any civil or criminal proceedings contain an entry
in which any such informer or person is named or
described or which might lead to his discovery, the
court shall cause all such passages to be concealed from
view or to be obliterated so far as may be necessary
to protect the informer or such other person from
discovery.

(2) If in any proceedings before a court for an offence under
this Ordinance the court, after full inquiry into the case, is
satisfied that an informer wilfully made a material statement which
he knew or believed to be false or did not believe to be true, or
if in any other proceeding a court is of opinion that justice cannot
be fully done between the parties thereto without disclosure of
the name of the informer or a person who has assisted the
Preventive Service or police, the court may permit inquiry and
require full disclosure concerning the informer or such person.

18. Any person aggrieved by a decision of the Director relat-
ing to-

(a) the issue of a licence or permit;

(b) the refusal to issue a licence or permit;

(c) the cancellation or suspension of a licence or permit;

(d)the cancellation or variation of any condition or the
specification of a new condition in any licence or permit,

may, within 21 days from the date when he was informed of the
decision or within such further period as the Governor may allow
in any particular case, appeal by way of petition to the Governor
in Council.

19. Nothing in this Ordinance shall be taken as affecting the
application to any acetylating substance of any of the provisions
of the Dangerous Goods Ordinance which may be applicable
thereto.





SCHEDULE [s. 2.]

ACETYLATING SUBSTANCES

Other names by Which
Item Acetylating substance substance is known

1 Acetic anhydride Acetic oxide
Acetyl oxide
Ethanoic anhydride
2. Acetyl chloride Ethanoyl chloride
3. Acetyl bromide Ethanoyl bromide
Originally 9 of 1975. 44 of 1975. L.N. 189/75. L.N. 209/75. Short title. Interpretation. Schedule. (Cap. 342.) Import and export of acetylating substance. Supplying or dealing in or with acetylating substance. Manufacture of acetylating substance. Possession of acetylating substance. Acetylating substance in transhipment. Conditions and form of licence or permit. Cancellation or suspension of licence or permit. Presumption of possession and knowledge of nature of an acetylating substance. (Cap. 26.) Presumption concerning manufacture of an acetylating substance. Powers of search and seizure. Forfeiture of acetylating substance. Forfeiture of articles, etc. used in connexion with offence. Offences and penalties. Regulations. Protection of informers. Appeals to the Governor in Council. Saving. (Cap. 295.)

Originally 9 of 1975. 44 of 1975. L.N. 189/75. L.N. 209/75. Short title. Interpretation. Schedule. (Cap. 342.) Import and export of acetylating substance. Supplying or dealing in or with acetylating substance. Manufacture of acetylating substance. Possession of acetylating substance. Acetylating substance in transhipment. Conditions and form of licence or permit. Cancellation or suspension of licence or permit. Presumption of possession and knowledge of nature of an acetylating substance. (Cap. 26.) Presumption concerning manufacture of an acetylating substance. Powers of search and seizure. Forfeiture of acetylating substance. Forfeiture of articles, etc. used in connexion with offence. Offences and penalties. Regulations. Protection of informers. Appeals to the Governor in Council. Saving. (Cap. 295.)

https://oelawhk.lib.hku.hk/items/show/2691

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