DANGEROUS GOODS ORDINANCE

DANGEROUS GOODS ORDINANCE

LAWS OF HONG KONG

DANGEROUS GOODS ORDINANCE

CHAPTER 295

REVISED EDITION 1983

OF

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER

HONG KONG





CHAPTER 295

DANGEROUS GOODS ORDINANCE

ARRANGEMENT OF SECTIONS

Section

PART 1

PRELIMINARY

Short title ... ...
Interpretation ...
Application ... ...

2.

3.

4. Power of Governor to give directions
5. Regulations

PART 11

CONTROL OF DANGEROUS GOODS

6. Licence required for manufacture, etc. of dangerous goods

7............Prohibited goods ... ... ... ... ... ... ... ...

8. Licence required for supplying labour, etc. for handling dangerous goods on

vessels ... ... ... ... ... ... ... ... ... ... ... ... ...

9...................Grant and revocation of licences ... ... ... ... ... ... ...

10. Marking of dangerous goods and giving of notice of their character

11...............................Removal of dangerous goods in contravention of regulations ...

12.............Power of entry, etc. ... ... ...

13. Report of accident by explosion or fire

PART Ill

GOVERNMENT EXPLOSIVES DEPOTS

13C. Powers of Director of Marine
13D. Appointment of managers and deputy managers
13E. Regulations for management of depots

Page

2

3
3
4

5

6
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6
7
7
8

]3A.........................................Governor may designate places and vessels as Government Explosives Depots 9

13B..........................Commissioner of Mines to be in charge of depots ... ... ... ... ... ... 9

9
9
9

PART IV

GENERAL

14.........................Offences and penalties . ... ... ... .

15. Liability of licence holder for offences committed by his employees and
agents
16. Liability of directors. etc. where offence committed by company
17. Cancellation of licence on conviction

Is.........Forfeiture ... ...
19.........[Repealed] ... ...

20. Saving for other enactments

10
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1
1
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CHAPTER 295

DANGEROUS. GOODS

To consolidate and amend the law relating to dangerous
goods.

[27 July 1956.]

PART I

PRELIMINARY

(Added, 9 of 1971, s. 2)

1. This Ordinance may be cited as the Dangerous Goods
Ordinance.

2. In this Ordinance, unless the context otherwise requires

,,carrier' includes all persons carrying goods or passengers for hire by
land or water;

'dangerous goods' means any of the goods or substances to which
this Ordinance applies under section 3;

'depot' means any place or vessel designated as a Government
Explosives Depot under section 13A; (Added, 9 of 1971, s. 3)

'explosive' includes any substance used or manufactured with a view
to producing a practical effect by explosion or a pyrotechnic effect;

'licence' includes permit; (Added, 8 of 1964, s. 2)

'licensed premises' means any premises in which dangerous goods are
permitted to be manufactured or stored by virtue of a licence
issued under this Ordinance;

manufacture' includes process, compress, liquefy or otherwise alter
the nature or form of any substance; (Added, 8 of 1964, s.2)

'occupier' includes any number of persons and a body corporate and,
in the case of any manufacture, includes any person carrying on
such manufacture;

'owner', in respect of any vessel, includes a charterer and any person
acting as agent for the owner;

'owner', in respect of dangerous goods, includes any person acting as
agent for the owner;





'petroleum' includes crude petroleum, oil made from petroleum or from
coal, shale, peat or other bituminous substance, and other
products of petroleum or of any of the above-mentioned oils, and
mixtures containing petroleum or any of the abovementioned oils;

'prohibited goods' means any dangerous goods declared by any
regulation made under section 5 to be prohibited goods for the
purposes of this Ordinance. (Added, 8 of 1959, s. 2)

',store', when used as a verb, includes to have possession or custody
of or control over that to which the verb relates; (Added, 24 of
1964,s.2)

'this Ordinance' includes regulations made under section 5;

'transit', in relation to cargo, means cargo which

(a)is brought into Hong Kong solely for the purpose of taking it
out of Hong Kong; and

(b)remains at all times in or on the vessel, aircraft or vehicle in or
on which it is brought into Hong Kong; (Added, 25 of
1973,s.2)

,'vessel' includes any ship or boat or junk or any other description of
vessel used in navigation;

'warehouse owner' includes any person owning or managing any
warehouse, store, quay, pier or other premises in which goods are
deposited.

3. This Ordinance shall apply to all explosives, compressed gases.,
petroleum and other substances giving off inflammable vapours,
substances giving off poisonous gas or vapour, corrosive substances,
substances which become dangerous by interaction with water or air,
substances liable to spontaneous combustion or of a readily
combustible nature, radioactive material and to such substances to
which it is applied by the Governor in Council under section 5:

Provided that this Ordinance shall not apply

(a) to any dangerous goods carried in Her Majesty's ships of
c

war, or in the ships of war of any foreign nation; or

(b)subject to Part Ill, to any dangerous goods in the possession
and control of the Crown. (Amended, 9 of 1971, s.4)

4. (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 any public officer (other than a judge, a District Judge
or a magistrate) of any powers, functions and duties under this
Ordinance.





(2) A public officer shall, in the exercise or performance of any
powers, functions and duties under this Ordinance, comply with any
directions given by the Governor under subsection (1).

for-

(Added, 9 of 1971, s. 5)

5. (1) The Governor in Council may by regulation provide

(a)the application of this Ordinance to any substances and
articles whatsoever;

(b)the exemption of any substance or article to which this
Ordinance applies or any quantity thereof from the operation
of this Ordinance or any part thereof;

(c)the declaration of any dangerous goods to be prohibited
goods for the purposes of this Ordinance; (Added, 8 of
1959,s.3)

(d)the control of and the safety precautions which shall be taken
in relation to the manufacture, possession, landing, shipment,
transhipment, storage, movement, sale and use of dangerous
goods;

(e)the label to be attached to any drum, tin, case or other
package containing dangerous goods and the notices to be
affixed to any premises containing dangerous goods and
other methods of marking such goods or premises;

the tests to be applied for any purpose whatsoever to any
dangerous goods or to any receptacle which has contained
dangerous goods;

(g)

the manner in which any dangerous goods shall be packed;

(h)requiring information to be furnished to such public officers
as may be specified in respect of dangerous goods carried or
to be loaded on any vessel, aircraft or vehicles, and the nature
of such information; (Amended, 8 of 1959,s.3)

(i)requiring such dangerous goods signals as may be
prescribed to be exhibited on any vessel or vehicle carrying or
about to load dangerous goods;

(j)requiring such port fire alarm signals as may be prescribed to
be exhibited or made on an outbreak of fire on any vessel
carrying dangerous goods;

(k)the control of the blasting of stone, earth or other material,
the precautions to be taken while such blasting takes place
and the times during which such blasting may take place;

(1)the use of any cinematograph or similar apparatus upon any
premises which is not a place of public entertainment within
the meaning of the Places of Public Entertainment Ordinance;





(m)the apprehension without a warrant of any person found
committing any such dangerous offence as may be specified
on licensed premises, for the purpose of conveying such
person before a magistrate;

(n)the form and conditions of any licence issued under this
Ordinance, the public officers who may issue such licence,
the fees therefor, and the period for which such licence shall
be valid;

(o) forms generally; and

(p) the better carrying out of the provisions of this Ordinance.

(2) Regulations made under this section may provide that
contravention of specified provisions of such regulations shall be an
offence and may provide penalties therefor:

Provided that no penalty so provided shall exceed a fine of
$8,000 and imprisonment for 6 months.


PART II

CONTROL OF DANGEROUS GOODS
(Added, 9 of 1971, s. 6)

6. Except under and in accordance with a licence granted under
this Ordinance, no person shall manufacture, store, convey or use any
dangerous goods:

Provided that, except as may be otherwise provided by regulations
made under section 5, nothing in this section shall be construed to
apply to any dangerous goods

(a)while in the course of transit as cargo in any vessel, aircraft
or vehicle; or

(b)while being loaded into or discharged from any vessel by any
person or his servants or agents, licensed for that purpose
under this Ordinance; or

(e)while being loaded onto or discharged from any aircraft or
vehicle; or

(d)in respect of any possession of, or dealing in, such goods by
any person which is authorized by a licence under section 27
of the Firearms and Ammunition Ordinance or to which that
Ordinance does not apply by virtue of any provision (except
sections 9 and 10) in Part 11 thereof. (Replaced, 68 of 1981, s.
56)

(Replaced, 8 of 1964, s. 4)

7. No person shall manufacture or cause to be manufactured any
prohibited goods or have any prohibited goods in his possession,
custody or control or in the possession, custody or control of any
servant, agent or warehouse owner.

(Added, 8 of 1959, s. 5)





8. No person shall hire out or supply labour, vessels or equipment
for loading, discharging or moving dangerous goods on vessels except
under and in accordance with a licence issued under this Ordinance.

9. (1) Subject to the provisions of subsection (3), the grant or
renewal of any licence issued or to be issued under this Ordinance shall
be in the absolute discretion of the officer authorized to issue such
licence, and any such licence shall be subject to such terms and
conditions endorsed thereon as such officer may determine.

(2) Such officer may revoke any licence issued under this
Ordinance on proof to his satisfaction of an offence against this
Ordinance or a breach of any condition of such licence by the holder
thereof.

(3) An appeal by an applicant for or holder of a licence shall lie by
way of petition to the Governor in Council from any refusal to grant or
renew, or from any revocation of, the licence under the provisions of
subsection (1) or (2) within 1 month of notice being given of such
refusal or revocation.

(4) A petition to the Governor in Council under the provisions of
subsection (3) shall be lodged with the Clerk of Councils.

(5) On consideration of the petition, the Governor in Council may
make such order as he thinks proper and such order shall be final.

(6) In the event of the revocation of any licence under the
provisions of subsection (2), neither the licence fee nor any part thereof
shall be returned unless the Governor in Council so directs.

(7) Notwithstanding any other liability which may arise under the
provisions of this Ordinance or otherwise, the breach of any term or
condition endorsed upon any licence issued pursuant to subsection (1)
shall constitute an ofrence which shall be punishable on summary
conviction by a fine not exceeding $1,000 and imprisonment not exceeding
1 month. (Added, 23 of 1961 's. 2)

10. No person shall deliver to any warehouse owner or carrier, or
send or carry or cause to be sent or carried to or from any part of the
Colony by land or water, or sell or expose for sale, or store any
dangerous goods, or deposit any dangerous goods in or on any
warehouse, wharf or quay unless

(a)the true name or description of such goods is distinctly
written, printed or marked in English and Chinese on the
outside of the drum, tin, case or other package containing
such goods; and

(b)the prescribed label, if any, is attached to the outside of the
drum, tin, case or other package containing such goods; and





(c)in the case of delivery to any warehouse owner or carrier,
notice in writing has been given to such warehouse owner or
carrier of the true name or description of such goods and the
dangerous nature thereof.

11. Where any dangerous goods are possessed, landed, shipped,
transhipped, stored or are otherwise dealt with, or where any vessel,
carrying any dangerous goods is berthed or has anchored or stopped
contrary to any regulations made under section 5, the Commissioner of
Police, the Director of Marine, the Director of Fire Services or the
Commissioner of Mines, or any other person acting under the orders of
any of those officers, may cause such dangerous goods, or such vessel
to be removed, at the expense of the owner thereof, to such place as
may be in conformity with the said regulations, and all expenses
incurred in such removal may be recovered from the owner thereof in
like manner, in all respects, as a sum of money due or payable to the
Crown in respect of a fee is recoverable.

(Amended, 42 of 1961, s. 2, and 8 of 1964, s. 5)

12. (1) Any police officer not below the rank of inspector, and any
officer of the Fire Services Department not below the rank of assistant
station officer and any officer of the Mines Department not below the
rank of explosives officer and any other officer of the Mines
Department, not below the rank of explosives inspector. authorized in
writing by the Commissioner of Mines, and any member of the Customs
and Excise Service, as defined in the Customs and Excise Service
Ordinance, may- (Amended, 8 of 1959, s. 6; 42 of 1961, s. 2; 8 of 1964,
s. 6; 39 of 1967, s. 2 and 25 of 1973,s.3)

(a)enter, inspect and examine any place or building in which
dangerous goods are manufactured, stored or used 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 place or
building, 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 place
or building;

(b)require the occupier of any place or building which he is
entitled under this section to enter, or a person employed by
such occupier therein, to give him samples of any substance
therein;

(c)

enter and search any place or building in which such officer
may have reasonable grounds for suspecting that there may
be anything which, under paragraph (e), is liable to seizure;

(d)stop, board and search any vessel, vehicle or aircraft in which
such officer or member may have reasonable grounds for
suspecting that there may be anything which, under
paragraph (e), is liable to seizure; and





(e) seize, remove and detain-

(i) anything with respect to which such officer or member
may have reasonable grounds for suspecting that any
offence against this Ordinance has been committed; or

(ii) any other thing, which may appear to such officer or
member likely to be, or to contain, evidence of any such
offence.

(2) Any such officer or member may-

(a)

break open any outer or inner door of any place or building
which he is empowered to enter and search;

(b)forcibly enter any vessel, vehicle or aircraft which he is
empowered to stop, board and search and every part thereof,

(c)remove by force any material obstruction to, or any persons
obstructing any arrest, detention, search, inspection, seizure
or removal which he is empowered to make;

(d)detain any person found in any place or building which he is
empowered to enter and search until such place or building
has been searched; and

(e)detain any vessel, vehicle or aircraft which he is empowered
to stop, board and search and any person on board such
vessel or vehicle and prevent any person from approaching or
boarding such vessel or vehicle until such vessel or vehicle
has been searched.

(3) Without prejudice to any power of entry or search conferred by
any other enactment, no officer or member referred to in subsection (1)
shall enter or search any part of any premises used solely for dwelling
purposes except

(a)by virtue of a warrant issued by a magistrate, where such
magistrate is satisfied by information on oath that there is
reasonable ground for suspecting that an offence against this
Ordinance has been, is being or is about to be committed in
such part of the premises or there is in such part of the
premises anything likely to be or to contain evidence of such
offence; or

(b) without warrant, where such officer or member is of
opinion having regard to the circumstances that the pur-
pose of the entry or the search would be defeated by
application for such warrant. (Replaced, 8 of 1959, s. 6)

(Aniended, 25 of 1973, s. 3)

13. Whenever there occurs any accident by explosion or fire in or
about or in connexion with any licensed premises, the occupier of such
premises shall forthwith report such accident, and any loss of life or
personal injury occasioned thereby, to the Director of Fire Services.

(Amended, 42 of 1961, s. 2, and 8 of 1964, s. 7)





for-

PART III

GOVERNMENT EXPLOSIVES DEPOTS

13A. The Governor may, by notice published in the Gazette,
designate any place or vessel as a Government Explosives Depot
for the storage of explosives.

13B. The Commissioner of Mines shall, subject to section 13C,
have the control and management of every depot.

13C. (1) The Director of Marine may give directions as to the
surveying. movement, siting and mooring of any vessel designated
as a depot.

(2) The Director of Marine may, if it appears to him that a
vessel designated as a depot is in any respect unsuitable for the
storage of explosives-

(a)prohibit the use of the vessel for the storage of explosives,
or

(b)permit the use of the vessel for the storage of explosives,
either unconditionally or subject to such conditions as he
may think fit to impose.

13D. The Governor may, by notice published in the Gazette.
appoint a manager and one or more deputy managers of a depot.

13E. (1) The Governor in Council may by regulation provide

(a)
(b) safety precautions to be taken in depots;

(e)the empowering of any public officer to give such direc-
tions as he thinks fit for the purposes of the proper control
and management and the safety of depots;

(d)the fees chargeable for the storage of explosives in depots
and for deliveries of explosives by the Government to or
from depots;

the control and management of depots;

(e) the destruction of explosives stored in depots;

the sale of explosives stored in depots in respect of which
the prescribed fees have not been paid and the deduction of
such fees and the expenses of sale from the proceeds of
sale; and

(g)

(2)

the better carrying out of the provisions of this Part.

Regulations made under this section may provide that
contravention of specified provisions of such regulations shall be





an offence and may provide penalties therefor, but no penalty so
provided shall exceed a fine of $8,000 and imprisonment for

6 months.
(Part III added, 9 of 1971, s. 7)

PART IV

GENERAL

(Added, 9 of 1971, s. 8)

14. (1) Any person who contravenes any of the provisions of
section 6, 7, 8 or 10 shall be guilty of an offence and shall be liable to a
fine of $8,000 and to imprisonment for 6 months: (Amended, 8 of 1959,
s. 7)

Provided that any person accused of having contravened any of
the provisions of section 10 shall not be liable to be convicted thereof if
he shows, to the satisfaction of the magistrate before whom he 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.

(2) The occupier of any premises who fails to report an

accident in contravention of the provisions of section 13 shall be
guilty of an offence and shall be liable to a fine of $1,000.


(3) Any person who-

(a)obstructs or delays any officer in-the exercise of any of the
powers conferred upon him by this Ordinance;- or

(b)wilfully or recklessly gives false information or withholds
information, as to the source from which any dangerous
goods were obtained or as to the manufacture, conveyance,
storage, packing, labelling or use of any dangerous goods,
(Replaced, 8 of 1964, s. 8)

shall be guilty of an offence and shall be liable to a fine of $20,000 and
to imprisonment for 6 months.

15. Whenever it is proved to the satisfaction of any court having
jurisdiction that an offence against this Ordinance has been committed
by any employee or agent of any person holding a licence issued under
this Ordinance, such person shall be held to be liable for such offence
and to the penalty provided therefor, unless he proves that the offence
was committed without his knowledge or consent and that he had
exercised all due diligence to prevent the commission of the offence:

Provided that

(a)no such person shall be sentenced to imprisonment (except in
default of payment of a fine) for any offence under this
section; and





(b)nothing in this section shall be deemed to exempt the
employee or agent from the penalties provided for the
offence committed by him.

16. Where a person by whom an offence under this Ordinance
has been committed is a company, every, director and every officer
concerned in the management of the company shall be guilty of the
like offence unless he proves that the act constituting the offence
took place without his knowledge or consent.
(Added, 23 of 1961, s. 3)

17. On the conviction of any person for an offence against this
Ordinance, the magistrate may, in addition to any other penalty,
order that any licence issued under this Ordinance held by such
person shall be cancelled and any licence in respect whereof any such
order is made shall be forthwith delivered by the holder thereof to
the appropriate licensing authority for cancellation.

18. A magistrate may order to be forfeited to the Crown any
dangerous goods and any container thereof with respect to which
any offence against this Ordinance has been committed, whether any
person has been charged with such offence or not.

19. [Repealed, 31 of 1969, Schedule]

20. The provisions of this Ordinance shall be in addition to
and not in derogation of the provisions of any other enactment
relating to dangerous goods.
Originally 38 of 1956. 8 of 1959. 23 of 1961. 42 of 1961. 8 of 1964. 24 of 1964. 39 of 1967. 31 of 1969. 9 of 1971. 25 of 1973. 68 of 1981. Short title. Interpretation. Application. Power of Governor to give directions. . Licence required for manufacture, etc. of dangerous goods. (Cap. 238) Prohibited goods. Licence required for supplying labor, etc. for handling dangerous goods on vessels. Grant and revocation of licences. Marking of dangerous goods and giving of notice of their character. Removal of dangerous goods in contravention of regulations. Power of entry, etc. (Cap. 342) Report of accident by explosion or fire. Governor may designate places and vessels Government Explosives Depots. Commissioner of Mines to be in charge of depots. Powers of Director of Marine. Appointment of managers and deputy managers. Regulations for management of depots. Offences and penalties. Liability of licence holder for offences committed by his employees and agents. Liability of directors, etc. where offence committed by company. Cancellation of licence on conviction. Forfeiture. Saving for other enactments.

Originally 38 of 1956. 8 of 1959. 23 of 1961. 42 of 1961. 8 of 1964. 24 of 1964. 39 of 1967. 31 of 1969. 9 of 1971. 25 of 1973. 68 of 1981. Short title. Interpretation. Application. Power of Governor to give directions. . Licence required for manufacture, etc. of dangerous goods. (Cap. 238) Prohibited goods. Licence required for supplying labor, etc. for handling dangerous goods on vessels. Grant and revocation of licences. Marking of dangerous goods and giving of notice of their character. Removal of dangerous goods in contravention of regulations. Power of entry, etc. (Cap. 342) Report of accident by explosion or fire. Governor may designate places and vessels Government Explosives Depots. Commissioner of Mines to be in charge of depots. Powers of Director of Marine. Appointment of managers and deputy managers. Regulations for management of depots. Offences and penalties. Liability of licence holder for offences committed by his employees and agents. Liability of directors, etc. where offence committed by company. Cancellation of licence on conviction. Forfeiture. Saving for other enactments.

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