EXPLOSIVE SUBSTANCES ORDINANCE, 1872

EXPLOSIVE SUBSTANCES ORDINANCE, 1872

Certain goods
and articles to be
doomed dan-
gerons.
[e0lk 80, Yic. r.
OO,r.,l,l ,

Definition of
petroleum.

34 k ash Vic. c.

Notice by owner
. -6r master of ship

~' .:eavrying don-

getons,goods.

R4:.k 36, Vic, c.

406Y S. 5.]

ORDINANCE No. 12 0F 18'72.

.Explosive Substances.

No. 12 of 1872.

An Ordinance to regulate the Manufacture, Importation, Storage ancT.
Carriage of Explosive Substances.

[25th September, 18 i 2.]

WHEREAS it is expedient to regulate the manufacture, importation, storage
and
carriage of explosive substances: Be it enacted by the Governor of
Honakong,.
with the advice of the Ibegislative Council thereof, as follows: -

1. The goods or articles commonly known as nitro-glycerine or glonoine
oil,,
petroleum, gun cotton, cartridges, and fulminating mercury shall be
deemed to, be
specially dangerous within the meaning of this Ordinance.

2. For the purpose of this Ordinance, the term °° Petroleum' imcludea
kerosene
oil, rock oil, Rangoon oil, Burmah oil, oil made from petroleum, coal,
schist, shale, peat,
or other bituminous substance, and any products of petroleum, or any of
the above
mentioned oils.

3. The Governor in Council shall have power to make bye-laws for
regulating the
place or places at which ships carrying any of the goods or articles to
which this
Ordinance applies are; `to be mooted in any of the harbors of the Colony,
and are to
land their cargo anal for regulating the time and mode of, and the
precautions to be-
taken on such landing.

Every such bye-law when made shall be published in the Hongkong Government
Gazette, and may be from time to time altered or revealed by a bye-law
made and
published in like manner.

Where any ,ship or cargo is moored, landed or otherwise dealt with in
contraven-
tion of any bye-law for the time being in force, the owner and master of
such ship, or I
the owner of such cargo,_as the case may be, shall each incur a penalty
not exceeding
two hundred arid fifty dollars for, each dad during which such
contravention continues
and it shall be lawful for the Harbor Master or any other person acting
under the
orders of the Harbor Master to. cause such ship or cargo -to be removed
at the expense
of the owner thereof to such place as may be in conformity with the said
bye.law, and
all expenses incurred in such removal may be recovered in the same manner
in .which.
penalties are by this Ordinance made recoverable.

4. The owner or master o£ every ship carrying a cargo any part o£ which
consists
o£ the goods or articles to which this Ordinance applies, on entering any
harbor shall
give notice-of the nature o such cargo to the Harbor Master, and shall
furnish him
with a true copy of the manifest of such goods or articles.

If such notice is not given; and manifest furnished, the owner and master
of such
ship shall each incur a penalty not exceeding the sum of two thousand
dollars, unless
it is shown to the satisfaction of the Court before which the case is
tried that neither
ORDINANCE. No.-,- 12.'oF= 1872.

Explosive- Substances.

the owner nor the master knew the nature of the good's to which the
proceedings relate,
nor could with reasonable diligence have obtained such knowledge.

5. Where any of the goods or articles to which this Ordinance applies:-

(a.) Are sent or conveyed by land or water between any two places in the
i Colony; or,

(b.) Are sold br exposed for sale;

the vessel or case containing such goods or articles shall have
attached.. thereto a label
in conspicuous characters, in English and Chinese, stating the
description of the goods
or articles with the addition 'specially dangerous,' and with the addition

(a.) In the case of a vessel or package sent or conveye, of the : name:
and
. address of the sender.

(b.) In the case of a vessel or package sold or exposed for sate, of the
name
and address of the vendor. .

All goods or articles to which this Ordinance applies which are sent,
conveyed, sold or
exposed for sale, in contravention of this section, shall, together with
the -vessel. or
package, containing the same, be forfeited, and in addition thereto the
person sending,

selling, or exposing for sale the. same shall foreach offence be liable
to a: penalty not `
exceeding twenty-five dollars.

8. Save as hereinafter- mentioned; after the passing of this
Ortlnnbe-goodi- or` = ne~ohrdaaa to-
storage of
articles to which this Ordinance .applies shall not be kept except in
pursu&nw of i: doagoronagooda:

licence by the Governor. Licences may- be granted for a limited time and
may be'

~os, a: ~gf °xc0.

subject to renewal or not in such manner as the Governor may deem
expedient.

There may be annexed to any such licence such conditions as, to. the mode
of
storage, the nature and situation of the premises in which, and the
nature of. the gpods
with'which the goods or articles to which this Ordinance applies are to
be stored, the
mode of carrying such goods or articles within the Colony, and generally
as. to the safe
keeping of such guods or articles asmay to the Governor in Council seelll
expedient.

' Any,licensee violating any of the.conditions of his licence shall be
deemed to be
an unlicensed person. There shall be charged, in respect of each licence
granted in
pursuance of this Ordinance one dollar.

All goods or articles kept in.. contravention of this section shall,
together.with: the
vessels or - packages containing the same, be forfeited; and in addition
thereto the
occupier of the- place in which. such goods or, articles are so kept
shall be.liable to a-
penalty not eareeding one hundred dollars a day for each day during
whiehsuch goods'
or articles are so kept. -,

Label on vessels

or oases contain-
ing dangerous
goods.
[$4 d 96 Vic. e.
lO6,a. B,]

This sections shall-not apply to any such goods or articles kept`leither
for private
use:or: for sale, .provided,thedollowing conditions are complied.with: '
Pem3ty for
refieing infor-
ma4lon and r
obstructing
officer.
P &- 86, Vk

oll, s.12.j

Search.for
,dangerous goods.
[84 aE $5> Vic, a.
104,, ..18:1

Application-of
Ordinance to '
other sabstances.
[84 k 36, Vic. c.
.105, s.~14.j

ORDINANCE. No. 12 OF 1872.

Explosive SuLstances.,

(1.) That they are kept in separate glass, earthenware or metal vessels or
cases each of which contains not more than a pint or pound, and is
securely stopped or fastened.

(2.) That the aggregate amount kept supposing the whole contents of the
vessels to be in bulk, does not exceed in the case of kerosene oil fifty
gallons, and in the case of petroleum and the other articles specified
three gallons, or fifteen pounds, except in the case of cartridges where
the aggregate weight shall not exceed fifteen pounds of powder.

7. Any dealer who refuses to show to any officer authorized by the
Governor,
ovary or any place or all or any of the vessels or packages in which
goods or articles
to which .this Ordinance applies in his possession are kept, or to give
him such
assistance as he may require for examining the same, or who wilfully
obstructs any
officer so authorized in the execution of this Ordinance shall incur a
penalty not
exceeding one hundred dollars.

8. Where any Magistrate is satisfied try information on oath that there is
reasonable ground to believe that any goods or articles to which this
Ordinance applies
are being kept, seat, conveyed, or exposed for sale within the Colony in
contravention
Of.tliis Ordinance; at any place, whether a building or not, or in any
ship or vehicle;
etteh Ma'rstrate=sh'a11.grant a warrant by virtue whereof it shall be
lawful for.aliy
person named in sue li warrant to enter the place, ship, or vehicle named
in such
warrant, and every, part thereof, and examine the same and search for
such goods or
articles therein, and if any goods or articles to which this Ordinance
applies, be found
therein, which are kept, sent, conveyed, or exposed for sale in
contravention of this
Ordinance, to seize and remove such goods or. articles, and the vessels'
or packages
containing the same, and to detain such goods or articles, and vessels or
packages,
until a Magistrate has determined whether the same are or not forfeited,
the
proceedings for which forfeiture shall be commenced forthwith after the
seizure.

Any person seizing any goods or articles to which this Ordinance applies,
in
pursuance of this section shall not be liable to any suit fur detaining
the same, or for
any loss or damage incurred in respect of such goods or articles,
otherwise than by
any'wilful'act or neglect while the same are so detained.

' - Any person who, by himself or by any one in his employ or acting by
his direction
or with his- consent, refuses or fails to admix into any place occupied
by or under the
control of such person, any person demanding to enter in pursuance of
this section, or
in any way obstructs or prevents any such person in or from making any
such search,',
examination, or seizure as authorized by this section, shall be liable to
a penalty not
exceeding one hundred dollars, and to forfeit all such goods or articles
to which this
Ordinance applies, which are found in his possession or under his control.

9. The Governor may from time to time make, revoke, and vary orders in
Council
directing this Ordilrance or any part thereof, to apply 'to any
substance, other than
those in the first section enumerated, and this Ordinance or the part
thereof specified
ORDINANCE NQ: =12 0' 1872.

Eiplosiae Substances.

in the order shall, during the continuance of the order, apply to such
substance, and
shall be construed and have effect as if tbroughont it such substance had
been included
in the definition of goods or articles to which ~ this Ordinance applies,
subject to the
following qualifications:

(1.) The quantity of any substance to which this Ordinance is directed by
order in Council to apply, which may be kept without a licence, shall
be such quantity only as is specified in that behalf in such order, or if
no such quantity is specified no quantity may be kept without a
licence..

(2.) The label on the vessel or package containing such substance shall be
such as may be specified in that behalf in the order.

10. No person shall deliver any, goods which are specially dangerous 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 words 'Specially Dangerous,' in English and Chinese, is distinctly
written,
printed, or marked on the outside of the package nor in the case of
delivery to or
deposit with any warehouse owner or carrier, without also giving
notice,in writing to
him of the name or description oSsuch goods, and of their being specially
dangerous.
And any person who commits a breach of this enactment shall be liable to
a penalty,
of two thousand dollars, or at the discretion of the Court,lto
imprisonment with,o,

without bard labor for any term not exceeding two years.

11. Provided always as follows

(1.) Any person convicted of a _ breach of the last, foregoing enactment
shall
not be liable to imprisonment, or to a penalty of more than one
thousand dollars if he shows to the satisfaction of the Court and jury
before whom he is convicted that he did< not know the nature of the
goods to which the information relates.

(2.) Any person accused of havipg committed a breach of the said enactment
shall not be liable to be convicted thereof if he shows to the
satisfaction
of the Court and jury before whom ho is tried that he did not know
the nature of the goods to which the information relates, and that he
could, not, with reasonable diligence, have obtained such knowledge.

12, Where goods are delivered, sent, carried, or deposited in
contravention of

Dangerous goods
to ba marked
and notice givoo
of their ebarac-
ter.
[29 k 80i Vic.
C. 69, 8. Q y

Provision for
case of absence
of knowledge of
nature of goods..
[29 R $0, Vie.
c. 89, r. 4.]

As to forfeitnre-

the said enactment, the same shall be forfeited, and shall be disposed of
in such [0such29 Vic.
c. 69. s. 5.1
manner as' the Governor directs, whether any person is liable to be
convicted of a

breach of the said .enactment or not.
ORDINANCE No. 12,oF 1872.

Explosive Substances.

warebonae 13. No warehouse owner, or carrier shall be bound to receive or
carry any goods

piynera; &e., not
bonny to receive which are specially dangerous.
aneh goods.

order, natto-pe
~qaeqhed'for .-
sfforrn;t&c.

' tog & 30, 1'
c. 00, a. e.J

Interpretation of 14. In construing this Ordinance the term ' Warehouse
owner' shall include all
owner and
a persons,or bodies of persons owning or managing any warehouse, store,
quay, pier, or
[29 & 30, Vi
69, s. 7.1 other premises in which goods are deposited; and the word
'Carrier' shall include
allpersons or bodies of persona carrying goods or passengers for hire by
land or water.
saihmary?pro= 15. 'All offences and penalties under this Ordinance, and
all moneys and costs
~eainga for
ptrenaea,penal- directed by this Ordinance to be recovered as penalties
(excepting those imposed by
tree; &e.
section 10,) may- be prosecuted and recovered in manner provided by
Ordinance 1ZTo. 10
of 1844. The description of any offence under this Ordinance in the words
of such
Ordinance shall be sufficient in law.

18. No conviction or order made in pursuance of this Ordinance shall be
quashed
for want of form or be removed by certiorari or otherwise either at the
instance of the
(government or of any private party into any superior Court. And no
warrant of com-
mitment shall be held void by reason of any defect therein, provided that
there is a
vdlid' eoneictioil-to maintain such warrant and it is alleged in the
warrant that the

~aity 'has beein: convicted.

i~onattlee, tzp 17: =A.11 .foes -.and penalties recovered under .this.
Ordinance shall be accounted for
to be paid Into

the Treaanry:

oxamaiipe to 18. The provisions of this Ordinance shall so far as they are
applicable egtend'to
,apply to gns-
derordf. Ordinances No. 1 of 188 and No. 4 of 1867, and this
Ordinance and No. 1 of 188

r,ancesNp.l of
as4sanarro A of shall be construed together and taken for all purposes to
be one Ordinance.

1887.-,';- - . -

`ailrl,paid into the Colonial Treasury.

19.,This Ordinance may be cited for all purposes as 'The Explosive
Substances

Ordinance, 1872:'

'ommence~ent 20. This Ordinance shall come into force on such day as shall
be hereafter fixed
~f Ordinance
iy;Dmoelamation ~zrider=the hand of the'flovernor.

[Iaa force from the Xst November, 1872, under~pnoelanatio2z 5th
.October, 1872:

repealed by Ordinance ATO. 8 of 1878.1

NorE:-For bye-laws - under the Ordinance of the 26th October, 1872, see
Gazette of

the same date. _
1142
Title.
Preamble.
Certain goods and articles to be deemed dangerous.
[29 & 30, Vic. c. 69, s. 1.]
Definition of petroleum.
[34 & 35, Vic. c. 105, s. 4.]
Notice by owner or master of ship carrying dangerous goods.
[34 & 35. Vic. c. 105, s. 5.]
1143
Label on vessels or cases containing dangerous goods.
[34 & 35. Vic. c. 105, s. 6.]
Regulations as to storage of dangerous goods.
[34 & 35. Vic. c. 105, s. 7.]
1144
Penalty for refusing information and obstructing officer.
[34 & 35, Vic. c. 105, s. 12]
Search for dangerous goods.
[34 & 35. Vic. c. 105, s. 13.]
Application of Ordinance to other substances.
[34 & 35, Vic. c. 105, s. 14.]
1145
Dangerous goods to be marked and notice given of their character.
[29 & 30, Vic. c. 69, s. 3.]
Provision for case of absence of knowledge of nature of goods.
[29 & 30, Vic. c. 69, s. 4.]
As to forfeiture of such goods.
[29 & 30, Vic. c. 69, s. 5.]
1146
Warehouse owners, &c., not bound to receive such goods.
[29 & 30, Vic. c. 69, s. 6.]
Interpretation of owner and carrier.
[29 & 30, Vic. c. 69, s. 7.]
Summary proceedings for offences, penalties, &c.
Conviction or order not to be quashed for want of form, &c.
[34 & 35, Vic. c. 105, s. 15, clause 6.]
Penalties, &c. to be paid into the Treasury.
Ordinance to apply to gunpowder Ordinance No. 1 of 1848 and No. 4 of 1867.
Short title.
Commencement of Ordinance.

1142
Title.
Preamble.
Certain goods and articles to be deemed dangerous.
[29 & 30, Vic. c. 69, s. 1.]
Definition of petroleum.
[34 & 35, Vic. c. 105, s. 4.]
Notice by owner or master of ship carrying dangerous goods.
[34 & 35. Vic. c. 105, s. 5.]
1143
Label on vessels or cases containing dangerous goods.
[34 & 35. Vic. c. 105, s. 6.]
Regulations as to storage of dangerous goods.
[34 & 35. Vic. c. 105, s. 7.]
1144
Penalty for refusing information and obstructing officer.
[34 & 35, Vic. c. 105, s. 12]
Search for dangerous goods.
[34 & 35. Vic. c. 105, s. 13.]
Application of Ordinance to other substances.
[34 & 35, Vic. c. 105, s. 14.]
1145
Dangerous goods to be marked and notice given of their character.
[29 & 30, Vic. c. 69, s. 3.]
Provision for case of absence of knowledge of nature of goods.
[29 & 30, Vic. c. 69, s. 4.]
As to forfeiture of such goods.
[29 & 30, Vic. c. 69, s. 5.]
1146
Warehouse owners, &c., not bound to receive such goods.
[29 & 30, Vic. c. 69, s. 6.]
Interpretation of owner and carrier.
[29 & 30, Vic. c. 69, s. 7.]
Summary proceedings for offences, penalties, &c.
Conviction or order not to be quashed for want of form, &c.
[34 & 35, Vic. c. 105, s. 15, clause 6.]
Penalties, &c. to be paid into the Treasury.
Ordinance to apply to gunpowder Ordinance No. 1 of 1848 and No. 4 of 1867.
Short title.
Commencement of Ordinance.

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1890

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No. 12 of 1872

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