RADIATION ORDINANCE

RADIATION ORDINANCE

LAWS OF HONG KONG

RADIATION ORDINANCE

CHAPTER 303

REVISED EDITION 1982

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





CHAPTER 303,

RADIATION ORDINANCE

ARRANGEMENT OF SECTIONS
Section Page

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

2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2

3. Constitution of Radiation Board ... ... . ... ... ... ... ... ... 3

4. Functions of the Board ... ... ... ... ... ... ... . ... ... ... ... 3

5. Advisory, technical and medical committees ... ... ... ... ... ... ... ... 4

6. Delegation of powers and functions ... ... ... ... ... ... ... ... ... ... 4

7. Control of radioactive substances and irradiating apparatus ... ... ... ... ... 4

8. Control of prospecting for and mining radioactive minerals ... ... ... ... ... 4

9. Grant, etc. of licences ... ... ... ... ... ... ... ... ... ... ... ... ... 5

10. Cancellation and suspension of licences ... ... ... ... ... ... 5

11. Appeal ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 5

12. Conditions of licences ... ... ... ... ... ... ... ... ... ... ... ... ... 6

13. Regulations ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 6

14. Recommendations for protection from radiation hazards ...
... ... ... ... 7

15. Power to exempt from provisions of Ordinance or regulations ...
... ... ... 8

16. Appointment and powers of inspectors ... ... ... ... ... ... ... ... ... 8

17. Obstruction ... ... ... ... ... ... ... ... ... ... ... ... ... ... 9

18. False statements ... ... ... ... ... ... ... ... ... ... ... ... ... ... 9

19. Disclosure of information ... ... ... ... ... ... ... ... ... ... ... ... 9

20. Continuing offences ...
... ... ... ... ... ... ... ... ... ... ... ... 9

21. Forfeiture ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 9

22. Liability of licence holder for offences committed by his employees and agents 9

23. Liability of directors, etc., where offence committed by company ... ... ... ... 10

24. Amendment of Schedule ... ...
... ... ... ... ... ... ... ... ... ... 10

25. Saving for other enactments ... ...
... ... ... ... ... ... ... ... 10

Schedule. Radioactive Minerals ... ... ... ... ... ... ... ... ... ... ... ... ... 10





CHAPTER 303

RADIATION

To control the import, export, possession and use of radioactive
substances and irradiating apparatus and the prospecting and
mining for radioactive minerals and for purposes connected
therewith.

[6 September 1957.]

1. This Ordinance may be cited as the Radiation Ordinance.

2. In this Ordinance, unless the context otherwise requires

'Board' means the Radiation Board established under section 3;

'inspector' means a person appointed under section 16(1) to be an
inspector for the purposes of this Ordinance;

'ionizing radiation' means electromagnetic radiation (that is to say, X-
ray or gamma ray photons or quanta) or corpuscular radiation, (that
is to say, alpha particles, beta particles, electrons, positrons,
protons, neutrons or heavy particles) being electromagnetic
radiation or corpuscular radiation capable of producing ions and
emitted from a radioactive substance or from a machine that is
intended to produce ionizing radiations, or from a machine in which
electrons are accelerated by a voltage of not less than 5 kilovolts;
(Added, 6of 1961, s. 2. Amended, L.N. 410182)

'irradaiating apparatus' means any appartus which is intended
to produce or emit, or is capable of producing or emitting,
ionizing radiation at a dose rate in excess of 5 microsieverts per
hour at a distance of 5 centimetres from any accessible point of
the surface of the apparatus; (Replaced, 55 of 1970, s.2.
Amended, L.N. 410/82)

'medical practitioner' means a person for the time being registered or
exempted from registration under the Medical Registration
Ordinance;

'mine' includes all operations for the intentional winning or obtaining
of any radioactive mineral;

'prospect' means to search for any radioactive mineral and includes
such working as is reasonably necessary to enable the prospector
to test the radioactive mineral bearing qualities of the area
concerned;

'radioactive mineral' means any substance specified in the Schedule;

'radioactive substance' means any substance which consists of or
contains any radioactive chemical element whether natural or
artificial and whose specific activity exceeds 75 bequerels of parent
radioactive chemical element per gram of substance;

(Replaced, 6 of 1961, s. 2. Amended, L.N. 410182)





'substance' means any natural or artificial substance, whether in solid
or liquid form or in the form of gas or vapour, and includes any
manufactured article or any article which has been subjected to any
artificial treatment or process.

3. (1) There is hereby established for the purposes of this
Ordinance a Board to be known as the Radiation Board.

(2) The Board shall consist of-

(a) the following ex officio members, namely-

(i) the Director of Medical and Health Services;

(ii) the Commissioner for Labour, or a person nomi-
nated by him as his representative; (Replaced, 55 of
1970,s.3)

(iii) the Director-of Trade, or a person nominated by him as
his representative; and (Replaced, 55 of 1970,s.3. Amended,
L.N. 206,177 and L.N. 294/82)

(b)such persons not exceeding 10 in number as the Governor may
appoint.

(3) Members of the Board appointed under subsection (2)(b) shall
hold office for 3 years and may be re-appointed or removed by the
Governor at his pleasure. In the event of any vacancy occurring from
any cause such vacancy shall be filled by appointment by the Governor
and a member so appointed shall hold office for so long as the member
in whose place he has been appointed would have held office.

(4) The Director of Medical And Health Services shall be ex officio
Chairman of the Board. In the absence of the Chairman from any
meeting of the Board, the members of the Board present shall appoint
one of their number to be Chairman.

(5) The Board shall meet at such places and times as the Chairman
of the Board may appoint, and at any meeting 5 members shall form a
quorum.

(6) Every question before the Board shall be determined by a
majority of the votes of the members present at the meeting of the
Board.

(7) The Chairman of the Board shall have a deliberative vote and, in
the case of an equality of votes, shall also have a casting vote.

(8) Except as expressly provided in this Ordinance or in any
regulations made thereunder, the Board may regulate its procedure and
may make standing orders for that purpose.

(9) A secretary to the Board shall be appointed by the Governor.

4. The functions of the Board shall be-

(a) to grant or refuse to grant licences under this Ordinance
and to impose conditions on any licence so granted;





(b)to cancel, suspend or renew licences issued under this
Ordinance;

(c)to exercise any power vested in the Board under this
Ordinance;

(d)to handle any other matter which under this Ordinance may or
is to be referred to the Board and is referred to it.

5. The Board may from time to time appoint such advisory,
technical or medical committees as it thinks fit to advise on such matters
within the scope of its functions as are referred thereto by the Board.
Any person may be appointed to be a member of any such committee
notwithstanding that he is not a member of the Board, but a member of
the Board shall be the Chairman of any such committee.

(Amended, 6 of 1961, s. 3)

6. The Board may, with the consent of the Governor, by notice in
the Gazette, delegate to any public officer the exercise of any of the
powers (or the performance of any of the duties) conferred (or imposed)
upon the Board by sections 9, 10 and 12.

(Added, 55 of 1970, s. 4)

7. (1) Subject to such exemptions as may be prescribed, no person
shall, except under and in accordance with a licence issued under this
Ordinance

(a) manufacture or otherwise produce; or

(b) sell or otherwise deal in or with; or

(c) have in his possession or use,

any radioactive substance or irradiating apparatus. (Amended, 26 of
1965, s. 2)

(2) Any person who contravenes any of the provisions of
subsection (1) shall be guilty of an offence and shall be liable to a fine of
$10,000 and to imprisonment for 2 years.

(3) Nothing in this section shall apply to any radioactive
substance or irradiating apparatus in transit through the Colony in
any ship so long as such substance or apparatus remains in the
ship.
(Added, 26 of 1965, s. 2)

8. (1) Notwithstanding anything contained in the Mining
Ordinance, no person shall prospect for or mine any radioactive mineral
except under and in accordance with a licence issued under this
Ordinance.

(2) If any such mineral is discovered in the course of prospecting
under a prospecting licence granted under either the Prospecting and
Mining Ordinance 1906, or the Mining Ordinance, the holder of such
licence shall immediately notify the Chief Secretary of such discovery.





(3) If any such mineral is discovered in the course of mining under
a mining licence or mining lease granted under either the Prospecting
and Mining Ordinance 1906, or the Mining Ordinance, no such mineral
shall be removed without the consent of the Governor.

(4) Any person who contravenes any of the provisions of this
section shall be guilty of an offence and shall be liable to a fine of
$10,000 and to imprisonment for 2 years.

9. (1) On application in the prescribed manner by any person
desiring to obtain a licence under this Ordinance, or to renew a licence
issued under this Ordinance, the Board may grant or refuse to grant a
licence to the applicant or renew or refuse to renew the licence issued
under this Ordinance, as the case may be.

(2) Every application for a licence under this Ordinance or for
renewal of a licence issued under this Ordinance shall be accompanied
by such information or particulars as may be prescribed or as the Board
may require. (Amended, 55 of 1970, s. 5)

(3) Every licence granted or renewed under subsection (1) shall, on
payment of such fee as may be prescribed, be issued or renewed in the
prescribed manner and in the appropriate prescribed form, and shall be
valid, unless cancelled or suspended, for such period as the Board may
determine. (Amended, 55 of 1970, s. 5)

10. (1) By notice in writing to the holder of a licence issued under
this Ordinance, the Board may cancel, or for such period as it thinks fit,
suspend, the licence, if the Board is satisfied that

(a)the holder thereof or any servant or agent of such holder has
been convicted of an offence against this Ordinance or the
regulations made thereunder; or

(b)the holder thereof or any servant or agent of such holder has
committed a breach of any of the terms or conditions of the
licence; or

(e) for any other reason, it is in the public interest so to do.

(2) Where any licence is cancelled or suspended under subsection
(1), neither the licence fee nor any part thereof shall be returned unless
the Board so directs.

11. (1) An appeal by an applicant for or holder of a licence under
this Ordinance shall lie by way of petition to the Governor from any
refusal to grant or renew or from any cancellation or suspension of a
licence under section 9 or 10 within one month of notice being given of
such refusal, cancellation or suspension.

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





12. (1) Any licence granted under section 9(1) shall be subject to
such conditions as the Board may see fit to impose, and any conditions
so imposed may at any time be varied, added to or revoked by the
Board. (Amended, 55 of 1970, s. 6)

(2) Without limiting the general powers conferred by subsection
(1) any such condition may restrict the licence to

(a)radioactive substances of a specified kind or specified kinds;

(b)a specified apparatus or apparatus of a specified kind or
specified kinds;

(e) specified purposes.

13. (1) The Board may, subject to the approval of the Legislative
Council, by regulation prescribe or provide for

(a)precautions to be taken to prevent injury being caused by
ionizing radiations to the health of persons employed in places
where radioactive substances are manufactured, produced,
treated, stored, or used, or where irradiating apparatus is used,
or of other persons likely to be exposed to harmful radiation;

(b)methods of disposing of radioactive waste products from any
source whatever;

(c)the structural requirements of buildings where any radioactive
substance is manufactured, produced, treated, used, or stored,
or where irradiating apparatus is used;

(d)precautions to be taken to prevent injury being caused by the
transport of radioactive substances to the health of persons
engaged therein and other persons;

(e) the method of packing any radioactive substance;

marks to be placed on vessels, vehicles or containers
containing any radioactive substance;

(g)the method of treatment or disposal of any package, container
or vessel that has been used to convey, hold, or store any
radioactive substance;

(h)the manner in which and the conditions subject to which
radioactive substances may be stored or used;

(i)the purposes for which any radioactive substance or
irradiating apparatus may be used;

(j)the use of any specified radioactive substance containing
more than a specified concentration or amount of any
radioactive chemical element;

(k) the use of any specified type of irradiating apparatus;





(1)the maximum working hours of persons employed in the
mining, manufacture, production, treatment, storage or use of
radioactive substances or the use of irradiating apparatus,
regulating the employment of those persons, the minimum
holidays to be taken by those persons, and the medical
examination of those persons;

(m)the issue by medical practitioners of prescriptions containing
any radioactive substance;

(n)the dispensing and compounding of any prescription
containing any radioactive substance;

(o)the making of returns by owners and persons in possession of
radioactive substances of the quantities and classes of
radioactive substances held by them;

(p)the keeping by purchasers of radioactive substances of
records specifying the purposes to which those substances
are put, and the inspection of those records, and for the
making of returns of entries in those records;

(q)the keeping of records of all applications of X-rays or
radioactive substances for any specified purpose;

(r)the forms of applications, licences, notices and other
documents required for the purposes of this Ordinance or
regulations made thereunder, or authorizing the Board to
prescribe such forms;

(s)the fees payable in respect of any licence under this
Ordinance;

(t)the classification of licences for the purposes of this
Ordinance;

(u)the exemption of any class of persons or of any substance,
article or apparatus from the operation of any or all of the
provisions of this Ordinance or regulations made
thereunder;

(v)such matters as are required or permitted to be prescribed
under this Ordinance;

(w) 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 000 and
imprisonment for 2 years.

14. (1) The Board may from time to time issue free of charge in such
manner as it thinks fit recommendations for protection from radiation
hazards for the guidance of licensees and persons engaged in radiation
work.





(2) Failure on the part of any person to observe the provisions of
any such recommendations shall not of itself render that person liable to
criminal proceedings of any kind, but any such failure may in any
proceedings under this Ordinance be relied upon by any party to the
proceedings as tending to establish or to negative any liability which is
in question in those proceedings.

(Added, 6 of 1961, s. 4)

15. (1) The Board may grant, subject to such conditions or
restrictions as it may consider expedient, exemption from any of the
provisions of this Ordinance or of any regulations made thereunder
to any specified person, group or class of persons where,
having regard to the public interest to be served and the degree of risk, if
any, to human health involved by the granting of such exemption. the
Board is of opinion that it is expedient and safe so to do.

(2) A notice in writing signed by the Chairman of the Board of any
exemption granted in accordance with subsection (1) shall be issued to
the person, or class of persons to which such exemption applies:

Provided that in the case of a group or class of persons such
notice may be issued by means of a notification in the Gazette.

(3) (Added, 6 of 1961, s. 4)

16. (1) The Board may from time to time appoint persons by, name
or office to be inspectors for the purposes of this Ordinance.

(2) Any inspector may, on producing, if so required, a duly
authenticated document showing his authority. enter and inspect at all
reasonable hours any premises, vehicle, vessel or aircraft in which there
is any radioactive substance or irradiating apparatus in respect of which
a licence is for the time being in force under this Ordinance or in respect
of which a licence under this Ordinance is not required by virtue of any
exemption made by regulation under section 13.

(3) If a magistrate is satisfied from information on oath of any
inspector that

(a)entry into any premises, vehicle, vessel or aircraft in exercise of
the powers conferred by subsection (2) has been refused; or

(b) there are reasonable grounds for suspecting that an offence
against this Ordinance or any regulation made thereunder
has been or is being committed in or in connexion with any
premises, vehicle, ship or aircraft.

the magistrate may, by warrant under his hand, authorize any person
named in the warrant together with any police officer, to enter and
search such premises, vehicle, vessel or aircraft, if necessary by force.

(4) In the exercise of the powers of entry and inspection under
subsection (2) or of entry and search under a warrant granted under
subsection (3), any inspector may





(a)take without payment such samples of any substance which he
believes to be a radioactive substance as are necessary for the
examination and testing thereof,

(b)examine and calibrate any irradiating apparatus or any
apparatus which he believes to be an irradiating apparatus;

(c) seize, remove and detain anything with respect to which
he may have reasonable grounds for suspecting that any
offence against this Ordinance or any regulation made
thereunder has been committed.

17. Any person who obstructs, whether actively or passively,
any person in the execution of any power conferred by or under
section 16 shall be guilty of an offence and shall be liable to a fine of
$2,000 and to imprisonment for 6 months.

18. Any person who, for the purpose of obtaining, whether for
himself or any other person, the grant of any licence under this
Ordinance, or for any other purpose in relation to this Ordinance or
any regulation made thereunder, makes any declaration or state-
ment which to his knowledge is false in any particular shall be guilty
of an offence and shall be liable to a fine of $5,000.

19. Any person who discloses any information obtained in the
exercise of any powers conferred by this Ordinance, being informa-
tion with regard to any manufacting process or trade secret, unless
the disclosure was made in accordance with the directions of the
Board or for the purpose of proceedings for an offence against this
Ordinance or any regulation made thereunder, shall be guilty of an
offence and shall be liable to a fine of $5,000.

20. Any person guilty of an offence against this Ordinance or
any regulation made thereunder shall, in addition to any other
penalty prescribed for such offence, be liable to a fine of $500 for
every day during the whole or any part of which such offence is
knowingly and wilfully continued.

21. (1) A magistrate may orde to be forfeited to the Crown
any radioactive substance or irradiating apparatus in respect of
which an offence against this Ordinance or any regulation made
thereunder has been committed, whether any person has been
charged with such offence or not.

(2) Any radioactive substance or irradiating apparatus for-
feited under subsection (1) shall be sold or otherwise disposed of in
such manner as the Board directs.

22. Whenever it is proved to the satisfaction of any court
have jurisdiction that an offence against this Ordinance or any
regulation made thereunder has been commited 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 knowledge 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.

23. 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, 6 of 1961, s. 5)

24. Subject to the approval of the Legislative Council, the Board
may by order amend the Schedule.

25. The provisions of this Ordinance a%d any regulation made

&bevel, shall be in addition to and not in derogation of the provisions
of any other enactment relating to radioactive substances or irradiating
apparatus.

SCHEDULE [ss. 2 & 24.1

RADio,AcTivF MINERALS

(1)Any mineral containing uranium or thorium or any compound thereof and, in
particular and without prejudice to the generality of this -paragraph, the
substances hereinafter set out in this Schedule. (Amended, L.N. 76165)

(2)Minerals of the pitchblende group, including pitchblende, uraninite, ulrichite,
broggerite, cleveite and related mineral species.

(3)Secondary uranium minerals including torbernite, autunite, uranite, rutherfor-
uranophane, gummite, thorogummite, uranocircite, kasolite, becquerelite, and
other silicates, hydrates, carbonates, phosphates or arsenates of uranium.

(4) Carnotite, tyuyamunite, and related uranium-bearing vanadate ores.

(5)Uranium-bearing niobate-titanate-tantalate ores, including euxenite, polycrase,
blomstrandine, priorite, samarskite, fergusonite, betafite and related minerals.

(6) Monazite, thorite, and thorianite.
Originally 35 of 1957. 6 of 1961. 26 of 1965. L.N. 76/65. 55 of 1970. L.N. 206/77. L.N. 294/82. L.N. 410/82. Short title. Interpretation. (Cap. 161.) Schedule. Constitution of Radiation Board. Functions of the Board. Advisory, technical and medical committees. Delegation of powers and functions. Control of radioactive substances and irradiating apparatus. Control of prospecting and mining radioactive minerals. (Cap. 285.) (7 of 1906.) (Cap. 285.) Grant, etc. of licences. Cancellation and suspension of licences. Appeal. Conditions of licences. Regulations. Recommendations for protection from radiation hazards. Power to exempt from provisions of Ordinance or regulations. Appointment and powers of inspectors. Obstruction. False statements. Disclosure of information. Continuing offences. Forfeiture. Liability of licence holder for offences committed by his employees and agents. Liability of directors, etc., where offence committed by company. Amendment of Schedule. Saving for other enactments.

Originally 35 of 1957. 6 of 1961. 26 of 1965. L.N. 76/65. 55 of 1970. L.N. 206/77. L.N. 294/82. L.N. 410/82. Short title. Interpretation. (Cap. 161.) Schedule. Constitution of Radiation Board. Functions of the Board. Advisory, technical and medical committees. Delegation of powers and functions. Control of radioactive substances and irradiating apparatus. Control of prospecting and mining radioactive minerals. (Cap. 285.) (7 of 1906.) (Cap. 285.) Grant, etc. of licences. Cancellation and suspension of licences. Appeal. Conditions of licences. Regulations. Recommendations for protection from radiation hazards. Power to exempt from provisions of Ordinance or regulations. Appointment and powers of inspectors. Obstruction. False statements. Disclosure of information. Continuing offences. Forfeiture. Liability of licence holder for offences committed by his employees and agents. Liability of directors, etc., where offence committed by company. Amendment of Schedule. Saving for other enactments.

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