DANGEROUS GOODS (CONSIGNMENT BY AIR) (SAFETY) ORDINANCE

DANGEROUS GOODS (CONSIGNMENT BY AIR) (SAFETY) ORDINANCE

LAWS OF HONG KONG

DANGEROUS GOODS (CONSIGNMENT BY AIR)

(SAFETY) ORDINANCE

CHAPTER 384





CHAPTER 384

DANGEROUS GOODS (CONSIGNMENT BY AIR) (SAFETY)

Tocontrol, in the interests of safety, the preparation. packing,
marking, labelling and offering of dangerous goods for carriage
by air, andfor matters connected therewith.

[9 September 1985.]

1. This Ordinance may be cited as the Dangerous Goods
(Consignment by Air) (Safety) Ordinance.

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

'Annex' means Annex 18 to the Convention on International Civil
Aviation signed on behalf of the Government of the United
Kingdom in Chicago on 7 December 1944;

'dangerous goods' means any article or substance which is listed in
the Technical Instructions and any article or substance not so
listed by name but having properties corresponding to those of
one of the general classifications of articles and substances in the
Technical Instructions, (Amended, 52 of 1985, s. 2)

'Director' means the Director of Civil Aviation;

'domestic premises' means premises used solely or principally for the
purposes of a dwelling;

'package' means the packaging and the articles and substances
contained therein including one or more packages placed or
arranged within one container or enclosure for convenience in
handling;

Vackaging' means any receptacle made for the purpose of complying
with the minimum packing requirements of the Technical
Instructions and any other component or material necessary for
the receptacle to perform its containment function;

'packing' means the art and operation whereby articles and
substances are wrapped up, enclosed in a receptacle or otherwise
secured;

'Technical Instructions' means the Technical Instructions for the Safe
Transport of Dangerous Goods by Air approved and published by
decision of the Council of the International Civil Aviation
Organization pursuant to the Annex.

3. (1) The Governor in Council may make regulations-

(a)for giving effect to and carrying out the Annex and any
edition of the Technical Instructions specified in the
regulations, in so far as they relate to the duties and
obligations





of any person with respect to the preparation, packing,
marking, labelling and offering of dangerous goods for
carriage by air and the packaging and documentation for such
goods;

(b)empowering the Governor to exempt any person, dangerous
goods or packaging or any class or category of persons,
dangerous goods or packaging from the regulations;

(c) empowering the Director-

(i) to exempt any person, dangerous goods or packaging
from the regulations;

(ii) to give directions in relation to such matters as may be
specified in the regulations; and

(iii) to amend any Schedule to the regulations; and

(d)generally for the better carrying into effect of the provisions
and purposes of this Ordinance.

(2) Regulations made under this section may provide that a
contravention of any specified provision thereof is an offence and may
prescribe a penalty therefor not exceeding a fine of $500,000 and
imprisonment for 2 years. (Amended, 52 of 1985, s. 2)

4. (1) The Director or any officer of the Civil Aviation Department
authorized in writing by him in that behalf (hereinafter referred to as an
'authorized officer') may for the purposes of this Ordinance without a
warrant but upon production of his authority (if requested to do so)

(a)enter, inspect and examine at any reasonable time any place or
premises, other than domestic premises, in which he has
reason to believe that dangerous goods intended for carriage
by air are made, stored or used, or are prepared, processed,
packed or handled, or in which any other thing is done in
connexion with the preparation or packing of dangerous
goods for carriage by air or with the packaging thereof, and
may inspect any activity in any such place or premises and
make enquiries for the purposes of securing compliance with
this Ordinance, or any matter related thereto;

(b)require the production of, inspect, examine or take copies of
any record or other document in any such place or premises
relating to any matter referred to in paragraph (a); (Amended,
52 of 1985, s. 2)

(c)require the occupier of any place or premises which he is
entitled under this subsection to enter, or a person employed
by the occupier therein, to give him samples of any article or
substance therein; (Amended, 52 of 1985, s.2)





(d)enter and search any place or premises, other than domestic
premises, in which he has reasonable grounds for suspecting
that there may be anything which, under paragraph (h), is
liable to seizure;

(e)stop, board and search any vessel, ve ' hicle or aircraft in
which he has reasonable grounds for suspecting that there
may be anything which, under paragraph (h), is liable to
seizure;

inspect, open and examine any consignment of dangerous
goods, packaging or package;

(g)require any person to give information as to the source from
which any dangerous goods were obtained, or as to the
making, packing, marking or labelling of such goods or of any
packaging, or as to the use or destination of such goods; and

(h) seize, remove and detain-

(i) anything with respect to which he has reasonable
grounds for suspecting that any offence under this
Ordinance has been committed; or

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

(2) The Director or an authorized officer may, detain any vessel,
vehicle or aircraft which he is empowered under subseetion (1) to stop,
board and search, and may prevent any person from approaching or
boarding such vessel, vehicle or aircraft until the vessel, vehicle or
aircraft has been searched.

(3) A magistrate may, if he is satisfied by information on oath that
there may be found in any domestic premises any evidence of an
offence under this Ordinance, issue a warrant authorizing the Director
or an authorized officer to enter and search the domestic premises at
any reasonable time and to exercise such of the powers under
subsection (1) as are specified in the warrant.

(4) Any person who-

(a)obstructs or delays the Director or an authorized officer in the
exercise of any of the powers conferred upon him by or under
this section; or

(b)when required to give information under subsection (1)(g),
wilfully or recklessly gives false information or withholds
such information,

commits an offence and is liable to a fine of $20,000 and to
imprisonment for 6 months.

5. Where a person by whom an offence under this Ordinance is
committed is a company, every director and every officer concerned in
the management of the company may be convicted of the like offence
unless he proves to the satisfaction of the court or magistrate that





(a)the act or omission constituting the offence occurred without
his knowledge or consent; and

(b)he exercised all such reasonable supervision and reasonable
diligence to prevent the commission of the offence as he
ought to have exercised having regard to the nature of his
functions in that capacity and to all the circumstances.

6. A magistrate may order the forfeiture of any dangerous goods
and any packaging for dangerous goods in respect of which an offence
under this Ordinance has been committed, whether or not any person
has been charged with the offence.

7. (1) Subject to subsection (2), 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.

(2) Notwithstanding anything in the Dangerous Goods Ordinance,
where dangerous goods intended for carriage by air are properly
packed, and the packaging thereof is properly marked and labelled, in
accordance with this Ordinance, the goods and packaging shall be
deemed to comply with the requirements of the Dangerous Goods
Ordinance with respect to the packing, marking and labelling of such
goods for the purpose of conveyance by vehicle or vessel to or from
any aerodrome.
Orginally 38 of 1985. 52 of 1985. L.N. 267/85. Short title. Interpretation. Regulations concerning dangerous goods. Powers of entry-inspection and seizure. Liability of directions, etc. where offence committed by company. Forfeiture. Saving for other enactments. (Cap. 295.)

Orginally 38 of 1985. 52 of 1985. L.N. 267/85. Short title. Interpretation. Regulations concerning dangerous goods. Powers of entry-inspection and seizure. Liability of directions, etc. where offence committed by company. Forfeiture. Saving for other enactments. (Cap. 295.)

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