OIL (CONSERVATION AND CONTROL) ORDINANCE

OIL (CONSERVATION AND CONTROL) ORDINANCE

LAWS OF HONG KONG

OIL (CONSERVATION AND CONTROL) ORDINANCE

CHAPTER 264





CHAPTER 264

OIL (CONSERVATION AND CONTROL) ORDINANCE

ARRANGEMENT OF SECTIONS

section ................................. Page

PART I
PRELIMINAR
Y

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

2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2
3. Appointment of Director of Oil Supplies ... ... ... ... ... ... ... ... 2
4. Power of Director to appoint authorized officer ... ... ... ... ... ... 2

PART II
REGULATION OF CONSUMPTION AND
SUPPLY

5. Supply etc. of oil, electricity or gas .... ... ... ... ... ... ... ... 2

6. Directions as to oil ................... ... ... ... ... ... ... ... 3
7. Electricity and gas supply ................ ... ... ... ... ... ... ... 3

8. Transport ................................. ... ... ... ... ... ... 4

9. Requisitioning of oil .................. ... ... ... ... ... ... ... 5

PART III
MISCELLANEOUS

10. Powers of Director as to keeping of books, making of returns, entry and

inspection ............................... ... ... ... ... ... ... 5

11.........................Power of arrest of authorized officers ... ... ... ... ... ... ... 7

12......................Ancillary powers of investigation ... ... ... ... ... ... ... ... 7
13......................Obstruction of authorized officers ... ... ... ... ... ... ... ... 8
14......................Provisions as to order and directions ... ... ... ... ... ... ... ... 8

15......................................Director and authorized officers to be subject to Governor's directions ... 8

16......................Power to change Hong Kong Time ... ... ... ... ... ... ... ... 8





CHAPTER 264

OIL (CONSERVATION AND CONTROL)

To provede for the control of the supply and use of oil, the
conservation of oil supplies and for purposes connected
therewith.

[10 May 1979.]

PART I

PRELIMINARY

1. This Ordinance may be cited as the Oil (Conservation and
Control) Ordinance.

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

'authorized officer' means a person authorized by the Director under
section 4;

'dealer' means a supplier carrying on the business of supplying oil as a
retailer;

'Director' means the Director of Oil Supplies appointed under section 3;

'ferry' has the meaning assigned to it in the Ferries Ordinance;

'oil' means mineral oil, products obtained by means of refining mineral oil
and liquified petroleum gas;

'road' includes the tunnel as defined in the Cross-Harbour Tunnel
Ordinance;

'requisition' means, in relation to any oil, take possession of the oil or
require the oil to be placed at the disposal of the Director;

'supplier' means a person carrying on the business of supplying oil;

'vehicle' means any mechanically propelled vehicle intended or
adapted for use on roads but does not include a tram.

3. The Governor may appoint a public officer to be the Director of
Oil Supplies and every such appointment shall be notified in the
Gazette.

4. The Director may authorize in writing any public officer to
exercise the powers and perform the duties conferred or imposed on an
authorized officer by this Ordinance or any order made thereunder.

PART II

REGULATION OF CONSUMPTION AND SUPPLY

5. (1) The Governor in Council may by order regulate or prohibit

(a)the storage, supply, acquisition, disposal or consumption of
oil; or





(b) the supply or consumption of electricity or gas.

(2) Any order made under subsection (1) may provide that a
contravention or breach thereof shall be an offence and shall be
punishable by such fine not exceeding $50,000 or by such term of
imprisonment not exceeding 1 year as may be specified in the order
or by both such fine and imprisonment.

6. (1) The Director or an authorized officer may give to any
supplier of, or dealer in, oil such directions as to the storage, supply,
use or disposal by him of any oil as he may think fit.

(2) Directions under subsection (1) may in particular-
(a)require any oil to be supplied, in accordance with any such
requirements as may be specified by the directions, to such
persons as may be so specified;
(b)prohibit or restrict the supply of any oil to persons specified
in the directions, or to persons other than those to be
supplied in accordance with a requirement specified in the
directions; and
(c) regulate the price at which oil may be supplied or sold.

(3) Any supplier or dealer who contravenes or fails to comply
with any directions given to him under subsection (1) commits an
offence and is liable to a fine of $100,000 and to imprisonment for
2 years.

7. (1) The Director or an authorized officer may give to any
electricity supply company or to any gas supply company such
directions as he thinks necessary or expedient for conserving and
making the best use of supplies of oil available for the generation
of electricity or the manufacture of gas.

(2) Directions given under subsection (1) may in particular-
(a)regulate the time and place during or at which electricity
or gas may be supplied;
(b)require electricity or gas to be supplied, in accordance with
any such requirements as may be specified by the directions,
to such persons as may be so specified; and
(c)prohibit or restrict the supply of electricity or gas to persons
specified in the directions, or to persons other than those
to be supplied in accordance with a requirement specified
in the directions.
(3) An electricity supply company or gas supply company may
disregard or otherwise breach any obligation imposed by or under
any enactment to give or continue to give supplies of electricity or
gas so long as, in so doing, it is acting under and in accordance
with any directions given to it under this section.

(4) Any company that contravenes or fails to comply with any
direction given to it under this section commits an offence and is
liable to a fine of $100,000.





8. (1) The Governor in Council may by order regulate the
use of vehicles on roads and the use of aircraft, vessels, trains and
trams.

(2) An order made under subsection (1) may in particular-
(a)determine the routes to be followed by any particular class
of vehicles proceeding on roads, either generally or in such
circumstances as may be specified in the order;
(b)prohibit or regulate the use of vehicles or any class of
vehicles on roads or the use by vehicles of specified roads
or classes of roads, either generally or in such circums-
tances as may be specified in the order; or
(c)require persons or goods to be carried to and from places
specified in the order.

(3) Without prejudice to the power conferred by subsection (1)
the Director or an authorized officer may give to any person carrying
on the business of operating public passenger transport vehicles,
trams or a ferry directions regulating the use of such vehicles, trams
or ferry and the services provided by such vehicles, trams or ferry.

(4) Directions given under subsection (3) may in particular-
(a)determine the routes to be followed by public passenger
transport vehicles, or any class thereof, or by any ferry
vessel, or class thereof;
(b)prohibit or regulate the use of public passenger transport
vehicles or ferry vessels, or any class thereof, or trams,
either generally or in such circumstances as may be specified
in the directions;
(c)require persons to be carried to and from places specified
in the directions; or
(d)prohibit the carriage of persons to and from places specified
in the directions.

(5) A person carrying on the business of operating public
passenger transport vehicles, trams or a ferry under or in accordance
with any enactment, licence or franchise may disregard or otherwise
breach any obligation imposed on him by or under such enactment,
licence or franchise to provide services for the transport of passen-
gers so long as, in so doing he is acting under and in accordance
with any order made or direction given to him under this section.

(6) Any order made under subsection (1) may provide that a
contravention or breach thereof shall be an offence and shall be
punishable by such fine not exceeding $50,000 or by such term of
imprisonment not exceeding 1 year as may be specified in the order
or by both such fine and imprisonment.

(7) Any person who contravenes or fails to comply with any
direction given to him under subsection (3) commits an offence and
is liable to a fine of $50,000 and to imprisonment for 1 year.





9. (1) The Director may, if it appears to him to be necessary
or expedient for conserving and making the best use of supplies of
oil in Hong Kong, requisition any stock of oil and may give such
directions as appear to him to be necessary or expedient in con-
nexion with the requisition.

(2) Where the Director requisitions any stock of oil under this
section, the Director may use or deal with, or authorize the use of,
or dealing with, the oil for such purpose and in such manner as
he thinks expedient for the purposes mentioned in subsection (1)
and may hold, or sell or otherwise dispose of, the oil as if he were
the owner thereof and as if the oil were free from the rights of any
other person.

(3) Where any stock of oil is requisitioned under this section,
there shall be paid to the owner of the oil, and to any other person
interested in the oil who suffers damage owing to the requisition,
such compensation as may be agreed or as may, in default of
agreement, be determined by arbitration to be just having regard
to all the circumstances of the particular case.

(4) Any compensation payable under this section shall be paid
from the general revenue of Hong Kong.

PART III

MISCELLANEOUS

10. (1) The Director may, for the purposes of this Ordinance
or any order, direction or requirement made or given thereunder,
by notice in writing require any person-
(a)to keep such books, accounts and records relating to any
business as may be specified in the notice; and
(b)to furnish, at such times, in such manner and in such form
as may be so specified, such estimates, returns or informa-
tion as may be so specified,

and if such person fails to comply with any such requirement, he
shall be guilty of an offence and shall be liable to a fine of $10,000
and to imprisonment for 6 months.

(2) Subject to subsection (6), any authorized officer may for the
purposes of this Ordinance or any order or direction made or given
thereunder-
(a) enter and search any premises-
(i) for the purpose of enabling the Director to exercise
any of the powers conferred on him by this Ordinance or
any order made thereunder, or to determine whether, and
if so in what manner, any of those powers ought to be
exercised;
(ii) for the purpose of securing compliance with any
order, direction or requirement made or given under this
Ordinance;





(iii) for the purpose of ascertaining whether an offence
under this Ordinance, or any order or direction made or
given thereunder, has been or is being committed in or
on the premises;
(iv) if he suspects that there is in or on the premises,
any article in respect of which an offence has been com-
mitted under this Ordinance, or any order or direction
made or given thereunder or which is, or contains evidence
of the commission of such offence;
(v) for the purpose of verifying any information fur-
nished to the Director; or
(vi) for the purpose of securing that the work carried
on in such premises is performed in such manner as the
Director considers best calculated to conserve and make
best use of supplies of oil available for the carrying on that
work;

(b)stop, board, search and detain any vehicle, vessel, aircraft,
train or tram;

(c) require the production of-
(i) any licence or permit;
(ii) any document which relates to the origin or nature
of any oil; or
(iii) any book, account or record required to be kept
under this Ordinance or any order, direction or requirement
made or given thereunder;

(d)examine and take copies of any licence, permit, book,
account, record or document referred to in paragraph (c);

(e)take, without payment, such sample of any oil as may be
required by the Director for the purpose of examination
and investigation; or

seize any article-
(i) in respect of which he suspects that an offence has
been committed under this Ordinance, or any order or
direction made or given thereunder; or
(ii) which he suspects to be, or to contain, evidence of
the commission of such an ofrence.

(3) No vessel having a tonnage exceeding 250 gross tons shall
be detained under subsection (2)(b) for more than 12 hours without
the consent of the Director, who may, by order in writing, detain
such a vessel for further periods of not more than 12 hours at a
time.

(4) No aircraft shall be detained under subsection (1)(b) for
more than 6 hours without the consent of the Director, who may,
by order in writing, detain an aircraft for further periods of not
more than 6 hours at a time.





(5) Any order made by the Director under subsection (3) or
(4) shall state the times from which and for which the order shall be
effective.

(6) Domestic premises shall not be entered or searched by an
authorized officer except with the approval of the Director.

11. (1) Any authorized officer may, subject to subsection (2),
arrest or detain for further inquiries without warrant any person
whom he reasonably suspects of having committed any offence under
this Ordinance or under any order made or direction given under
this Ordinance.
(2) Any authorized officer who arrests any person under sub-
section (1) shall take the person to a police station, or first to any
office of the Director and then to a police station, there to be dealt
with in accordance with the Police Force Ordinance:
Provided that in no case shall any person be detained for more
than 48 hours without being charged and brought before a magistrate.

(3) If any person forcibly resists or attempts to evade arrest
under this section, the authorized officer may use such force as is
reasonably necessary to effect the arrest.
(4) If any authorized officer has reason to believe that a person
whom he intends to arrest (hereinafter in this section referred to as
the suspected offender) has entered into or is in any place or premises,
any person residing in or in charge of such place or premises shall,
on demand by the authorized officer, allow him free entry thereto
and afford all reasonable facilities to search for the suspected
offender.
(5) If entry to such premises or place cannot be obtained under
subsection (4) an authorized officer may enter the premises or place
and therein search for the suspected offender and for the purpose of
entry or search may break open any outer or inner door or window
of the premises or place.

12. Any authorized officer may-
(a)use such force as is reasonably necessary to enter any place
or premises which he is empowered by this Ordinance to
enter and search;
(b)use such force as is reasonably necessary to stop, board,
detain and search any vehicle, vessel, aircraft, train or
tram which he is empowered by this Ordinance to stop,
board, detain and search;
(c)use such force as is reasonably necessary to remove any
person or thing obstructing him in the exercise of any
power conferred on him by this Ordinance or any order
made thereunder;
(d)detain any person found in any premises or place which
he is empowered by this Ordinance to search until such
premises or place has been searched; and





(e)prevent any person from approaching, boarding or leaving any
vehicle, vessel, aircraft, train or tram which he is empowered by
this Ordinance to stop, board and search until it has been
searched.

13. (1) Any person who---

(a)obstructs an authorized officer in the exercise of any power or
the performance of any duty conferred or imposed on
authorized officers by this Ordinance; or

(b)fails to comply with any requirement, direction or demand
given or made by an authorized officer in the exercise or
performance of any such power or duty,

commits an offence and is liable to a fine of $10,000 and to imprisonment
for 6 months.

(2) Any person who knowingly makes a report which is false in a
material particular, or furnishes any information which is false or
misleading in a material particular, to the Director or to any authorized
officer in the performance of his duties under this Ordinance commits an
offence and is liable to a fine of $10,000 and to imprisonment for 6
months.

14. Any power of giving directions conferred by any provision of
this Ordinance may be exercised by means of an order applicable to all
persons to whom directions may be given under that provision, or to
such of them as fall within any class or description specified in the
order.

15. (1) The Governor may give such directions as he thinks fit,
either generally or in any particular case, with respect to the exercise or
performance by the Director or any authorized officer of any powers or
functions under this Ordinance or any order made thereunder.

(2) The Director and every authorized officer shall, in the exercise or
performance of any power or functions under this Ordinance, comply
with any directions given by the Governor under subsection (1).

16. For the purpose of conserving oil, the Legislative Council may
by resolution determine that for the whole or part of a year or for any
period, Hong Kong Time shall be such period in advance of Greenwich
Mean Time as shall be specified in the resolution.
Originally 27 of 1979. Short title. Interpretation. (Cap. 104.) (Cap. 203.) Appointment of Director of Oil Supplies. Power of Director to appoint authorized officer. Supply etc. o foil electricity or gas. Directions as to oil. Electricity and gas supply. Transport. Requisitioning of oil. Powers of Director as to keeping of books, making of returns, entry and inspection. Power of arrest of authorized officers. (Cap. 232.) Ancillary powers of investigation. Obstruction of authorized officers. Provisions as to order and directions. Director and authorized officers to be subject to Governor's directions. Power to change Hong Kong Time.

Originally 27 of 1979. Short title. Interpretation. (Cap. 104.) (Cap. 203.) Appointment of Director of Oil Supplies. Power of Director to appoint authorized officer. Supply etc. o foil electricity or gas. Directions as to oil. Electricity and gas supply. Transport. Requisitioning of oil. Powers of Director as to keeping of books, making of returns, entry and inspection. Power of arrest of authorized officers. (Cap. 232.) Ancillary powers of investigation. Obstruction of authorized officers. Provisions as to order and directions. Director and authorized officers to be subject to Governor's directions. Power to change Hong Kong Time.

https://oelawhk.lib.hku.hk/items/show/3041

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