DANGEROUS GOODS ORDINANCE - minor amendment

DANGEROUS GOODS ORDINANCE - minor amendment

CHAPTER 295

DANGEROUS GOODS

1. The Dangerous Goods Ordinance is amended-

(1) in section 5(2) by repealing '$8,000' and substituting '$25,000';

(2) in section 9(7) by repealing '$1,000' and substituting '$10,000';

(3)in section 13E(2) by repealing '$8,000' and substituting
'$25,000';

(4) in section 14-

(a)in subsection (1) by repealing '$8,000' and substituting
'$25,000';

(b)in subsection (3) by repealing '$2,000' and substituting
'$20,000'.

2. The Dangerous Goods (Classification) Regulations are
amended in the Schedule, in Division 2, Class 2, Category 5 by
adding at the end-

In this division-

'potable spirit' means any spirit being miscible with water,
other than denatured spirits as defined in section 53 of the
Dutiable Commodities Ordinance, containing more than
35% of ethyl alcohol by volume and having a flash point
of or exceeding 23'C but not exceeding 66C.

3. The Dangerous Goods (General) Regulations are amended-

(1)in regulation 2(1) by repealing the definition of 'Secretary for
Home Atrairs';

(2) in regulation 60-

(a)in paragraphs (1) and (2) by repealing '$8,000' and
substituting, in each case, '$25,000';

(b)in paragraphs (3), (4), (5), (6) and (8) by repealing
'$2,000' and substituting, in each case, '$5,000';

(c)in paragraph (7) by repealing '$5,000' and substituting
'$10,000';

(d) by repealing paragraph (9) and substituting-
(9) Any person who is carrying out or has
undertaken any operation involving blasting in the
course of which any of the provisions of regulation 52,





53, 55(1), 57 or 58 is contravened and the shot firer in
charge of any such blasting shall each be guilty of an
offence and shall be liable on summary conviction-

(a)except in the case of a contravention of
paragraph (c) or (e) of regulation 55(1),
to a fine of $5,000 and imprisonment for
1 month;

(b)in the case of a contravention of paragraph
(c) or (e) of regulation 55(1), to a fine of
$25,000 and imprisonment for 3 months.

(e)in paragraphs (10) and (11) by repealing '$1,000' and
substituting, in each case, '$2,000';

(3)in regulation 61 in the definitions of 'cylinder' and 'manu-
facture'-

(a) by repealing 'receiver' and substituting 'vessel;

(b) by repealing 'Receivers' and substituting 'Vessels';

(4) by repealing regulation 79 and substituting-

79. (1) Any person who contravenes any of the
provisions of regulation 75 shall be guilty of an ofrence
and shall be liable on summary conviction to a fine of
$25,000 and imprisonment for 3 months.

(2) Any person who contravenes any of the provi-
sions of regulation 64, 66, 69, 70, 71 or 73 shall be guilty of
an offence and shall be liable on summary conviction to a
fine of $ 10,000 and imprisonment for 2 months.
(3) Any person who contravenes any of the provi-
sions of regulation 74(2), (3) or (4) or 77A(I) shall be guilty
of an ofrence and shall be liable on summary conviction to
a fine of $5,000 and imprisonment for 2 months.

(4) Any person who contravenes any of the provi-
sions of regulation 65, 67, 68(1), 72 or 76 shall be guilty of
an ofrence and shall be liable on summary conviction to a
fine of $5,000 and imprisonment for 1 month.

(5)in regulation 97(c) by repealing 'retain, in the event of spillage,
the total quantity of liquid stored therein;' and substituting-

retain-

(i) in the case of spillage of dangerous goods being
potable spirits, not less than half the quantity of liquid
stored therein; and

(ii) in the case of spillage of dangerous goods not being
potable spirits, the total quantity of liquid stored therein;





(6) in regulation 98 by adding after paragraph (1)-

(IA) Nothing in this regulation shall apply to the
storage of any liquid being beer, Chinese type spirits, de-
natured spirits, European type wines, intoxicating liquors,
liquor, alcoholic liquor, spirituous liquor, spirit or Non-
European type wines within the meaning of section 53 of
the Dutiable Commodities Ordinance.

(7)in the table to regulation 99, in the item 'POTABLE
SPIRITS' in columns 7 and 8 by repealing 'Not exceeding
1000 L in the aggregate.' in both places where it occurs and
substituting in both such places-

(1) For transport only, any quantity not exceeding
12 500 L in the aggregate.
(2) For storage only-

(a)any quantity not exceeding 12 500 L in
the aggregate when packed in individual
receptacles not exceeding a capacity of 5 L
and stored or used in premises protected
throughout by automatic 'sprinkler installa-
tions;

(b)any quantity not exceeding 6 250 L in
the aggregate when packed in individual
receptacles not exceeding a capacity of 5 L
and stored or used in premises not protected
throughout by automatic sprinkler installa-
tions;

(c)any quantity not exceeding 2 500 L in
the aggregate when packed in individual
receptacles exceeding a capacity of 5 L and
stored or used in any premises.

(8) by repealing regulation 134 and substituting-

134. (1) Any person who contravenes any of the
provisions of regulation 101(1) or 116 shall be guilty of an
offence and shall be liable on summary conviction to a fine
of $25,000 and imprisonment for 3 months.
(2) Any person who contravenes regulation 107 shall
be guilty of an offence and shall be liable on summary
conviction to a fine of $10,000 and imprisonment for 2
months.

(3) Any person who contravenes any of the
provisions of regulation 98, 99, 99A(I), 105, 108, 109 or
126 shall be guilty of an offence and shall be liable on
summary conviction to a fine of $5,000 and imprisonment
for 2 months.





(4) Any person who contravenes any of the provi-
sions of regulation 104, 112, 120, 123, 127(2), 128, 130, 132
or 133 shall be guilty of an offence and shall be liable on
summary conviction to a fine of $5,000 and imprisonment
for 1 month.

(5) Any person who contravenes any of the provi-
sions of regulation 103, Ill, 121, 122, 129 or 131 shall be
guilty of an offence and shall be liable on summary
conviction to a fine of $5,000.

(6) Any person who contravenes any of the provi-
sions of regulation 106 or 110 shall be guilty of an offence
and shall be liable on summary conviction to a fine of
$2,000 and imprisonment for 1 month.

(7) Any person who contravenes regulation 100 shall
be guilty of an offence and shall be liable on summary
conviction to a fine of $2,000.

(8) Any person who contravenes any of the provi-
sions of regulation 102, 113, 114 or 115 shall be guilty of
an ofrence and shall be liable on summary conviction to a
fine of $1,000.

(9) In the event of a contravention of any of the
provisions of regulation 117, 118 or 119, the person at the
material time in charge of the tank wagon in question shall
be guilty of an ofrence and shall be liable on summary
conviction to a fine of $5,000 and imprisonment for 1
month.

(9)in regulation 148(3) by repealing '$1,000' and substituting
'$2,000';

(10) in regulation 154(2) by repealing '$2,000 and substituting
'$5,000';

(11) in regulation 165 by repealing paragraphs (2) and (3) and
substituting-

(2) Any person who contravenes regulation 158 shall
be guilty of an ofrence and shall be liable on summary
conviction to a fine of $5,000 and imprisonment for 1
month.

(3) Any person who contravenes regulation 161 shall
be guilty of an offence and shall be liable on summary
conviction to a fine of $5,000.

(4) Any person who contravenes any of the
provisions of regulation 162 or 164 shall be guilty of an
ofrence and shall be liable on summary conviction to a fine
of $2,000 and imprisonment for 1 month.





(5) Any person who contravenes regulation 163 shall
be guilty of an offence and shall be liable on summary
conviction to a fine of $1,000.

(12) in regulation 171 by repealing '$2,000' and substituting
'$5,000';

(13) in regulation 171B(3) by repealing '$1,000' and substituting
'$5,000';

(14) in regulation 177 by repealing '$2,000' and substituting
'$5,000';

(15) in regulation 177G(2) by repealing '$8,000' and substituting
'$25,000';

(16) in regulation 178(3) by repealing '$8,000' and substituting
'$25,000';

(17) in regulation 183 in the table to paragraph (1)--

(a) in item 1 by repealing '5,000' and substituting '14,000';

(b) in item 2 by repealing '5,000' and substituting '15,700

(c)in item 2A by repealing '1,400' and '140' and
substituting '8,700' and '2,900' respectively;

(d)in item 3 by repealing '160' and '1,600' and substituting
'1,900' and '2,400' respectively;

(e) in item 5 by repealing ' 11,200' and substituting ' 17,000'

(18) in regulation 184 by repealing 'Home Affairs' wherever it
occurs and substituting 'Recreation and Culture';

(19) in the Second Schedule by repealing 'Secretary for Home
Affairs' where it occurs in relation to regulation 59 and
substituting 'Secretary for Recreation and Culture'.

4. The Dangerous Goods (Shipping) Regulations are amended-

(1) in regulation 23-

(a)in paragraph (1) and (2) by repealing '$5,000' and sub-
stituting, in each case, '$10,000';

(b)in paragraph (3) by repealing '$2,000' and substituting
'$5,000';

(c)in paragraph (4) by repealing '$1,000' and substituting
'$2,000';





(2) in the First Schedule-

(a)in Part 1, by repealing 'The jetty at Po Lo Tsui on Lamma
Island belonging to The Hongkong Electric Company,
Limited.' and inserting at the end the following-

The wharf at Chai Wan belonging to China
Resources (Holdings) Co. Ltd.
(b)in Part II, by repealing 'The wharf at Ap Lei Chau
belonging to H.K. Electric Co. Ltd.'.

5. The Dangerous Goods (Government Explosives Depots)
Regulations are amended in the Schedule-

(a) in paragraph 1 of Part I-
(i) in subparagraph (a), by repealing '$82.50' and
substituting '$117;
(ii) in subparagraph (b), by repealing '$41.25' and
substituting '$58.50';
(b)by repealing the Table to paragraph I of Part II and
substituting-

L.N. 171 of 1984. L.N. 138 of 1984. (Cap. 109) L.N. 67 of 1985. L.N. 249 of 1984. L.N. 249 of 1984. 87 of 1988 s. 59 Offences and penalties L.N. 249 of 1984 L.N. 139 of 1984 L.N. 139 of 1984 (Cap. 109) L.N. 139 of 1984 Offences and penalties L.N. 249 of 1984 L.N. 249 of 1984 L.N. 249 of 1984 L.N. 249 of 1984 L.N. 249 of 1984 L.N. 249 of 1984 L.N. 249 of 1984 L.N. 249 of 1984 L.N. 249 of 1984 L.N. 249 of 1984 L.N. 249 of 1984 L.N. 249 of 1984 L.N. 376 of 1987 L.N. 376 of 1987 L.N. 320 of 1989 L.N. 67 of 1985 L.N. 242 of 1989 L.N. 67 of 1985 L.N. 242 of 1989 L.N. 250of 1984 L.N. 17 of 1986 L.N. 140 of 1984 L.N. 17 of 1986 L.N. 321 of 1989

L.N. 171 of 1984. L.N. 138 of 1984. (Cap. 109) L.N. 67 of 1985. L.N. 249 of 1984. L.N. 249 of 1984. 87 of 1988 s. 59 Offences and penalties L.N. 249 of 1984 L.N. 139 of 1984 L.N. 139 of 1984 (Cap. 109) L.N. 139 of 1984 Offences and penalties L.N. 249 of 1984 L.N. 249 of 1984 L.N. 249 of 1984 L.N. 249 of 1984 L.N. 249 of 1984 L.N. 249 of 1984 L.N. 249 of 1984 L.N. 249 of 1984 L.N. 249 of 1984 L.N. 249 of 1984 L.N. 249 of 1984 L.N. 249 of 1984 L.N. 376 of 1987 L.N. 376 of 1987 L.N. 320 of 1989 L.N. 67 of 1985 L.N. 242 of 1989 L.N. 67 of 1985 L.N. 242 of 1989 L.N. 250of 1984 L.N. 17 of 1986 L.N. 140 of 1984 L.N. 17 of 1986 L.N. 321 of 1989

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