DANGEROUS GOODS ORDINANCE, 1873
Title
DANGEROUS GOODS ORDINANCE, 1873
Description
ORDINANCE No. 1 OF 1873.
Dangerous Goods Ordinance, 1873.
AN ORDINANCE for the Amendment of the Law with respect
to the Carriage and Deposit of Dangerous Goods.[9th July, 1873.]
BE it enacted by the Governor of Hongkong, with the advice of the
Legislative Council thereof, as follow:-
1. This Ordinance may be cited as the Dangerous Goods Ordinance,
1873.
2. In this Ordinance, unless the context otherwise requires,-
'Dangerous goods' mean any of the goods or substances specified
in section 3 and 4 or which for the time being may be declared to
be 'danagerous goods' by an Order of the Governor-in-Council
under section 5:
'Warehouse owner' includes all persons or bodies of persons
owning or managing any warehouse, store, quay, pier, or other
premises in which goods are deposited;
'Carrier' includes all persons or bodies of persons carrying goods
or passengers for hire by land or water.
3. The following goods, namely, petroleum, nitro-glyeerine or glo-
noine oil, gun cotton, fulminate of mercury or of other metals, dynamite,
blasting powders, gunpowder, fuzes (other than safety fuzes), rockets,
detonators, cartridges, ammunition of all descriptions (other than percus-
sion caps or priming caps or empty sporting cases), phosphorus, naphtha,
and benzine shall be deemed to be dangerous goods within the meaning
of this Ordinance.
4. For the purposes of this Ordinance, the term 'Petroleum' in-
cludes kerosine 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.
5. It shall be lawful for the Governor-in-Council from time to time
to make, revoke, and vary Orders declaring that any substances, other than those enumerated in section 3, shall be deemed to be dangerous
goods within the menaing of this Ordinance, and, during the continuance
of any such Order, this Ordinance shall apply to the substances specified
therein, and shall be construed and have effect as if throughout it such
substances had been included in the enumeration of dangerous goods
contained in section 3, subject to the following qualifications:-
(1) the quentity of any substance to which this Ordinance is directed
by Order of the Governor-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 quanity is specified, no quan-
tity may be kept without a licence; and
(2) the label on the vessel or package containing such substance shall
be such as may be specified in that behalf in the Order:
Provided always that no such Order of the Governor-in-Council, nor any
revocation or variation thereof, shall come into force until the same has
been published in The Gazette.
6.-(1) It shall be lawfull for the Governor-in-Council to make, vary,
and revoke rules and regulations in respect of any of the following
matters, namely,-
(a) the movement, carriage, lnading, shipment, or transshipment of
any dangerous goods to which this Ordinance applies from, into,
or within the Colony or the waters thereof, and either by land
or by water, and the time and mode thereof, and the precautions
to be taken in connexion therewith; and
(b) the place or places in the waters of the Colony at which any
ship, vessel, lighter, or boat of any desciption whtever carry-
ing, or about to carry, or having on board any such dangerous
goods may or may not moor, anchor, or stop.
(2) Such rules and regulations and any variation or revocation thereof
shall not come into force until published in The Gazette, and thereafter
shall cme into force from the date of publication or such other time
as may be mentioned therein.
(3). Until such new rules and regulations come into force the present
rules shall remain valid.
(4) Rules and regulations made under this section shall be laid on the
table of the Legislative Council at the sitting next after their publication
in The Gazette.
7. Where any such ship, vessel, lighter, or boat having on board any
dangerous goods as aforesaid is moored, anchored, or stopped, or any such
dangerous goods as aforesaid are carried, landed, shipped, or transshipped,
or otherwise dealt with, in contravention of any rules and regulations for
the time being in force under this Oridnancne, the ownere and master of such ship, vessel, lighter, or boat or the owner of such dangerous goods, as the
case may be, shall each be liable to a penalty not exceeding two hundred
and fifty dollars for each day during which such contravention continues;
and it shall be lawful for the Harbour Master, or any other person acting
under the orders of the Harbour Master, to cause such ship, vessel,
lighter, or boat, or dangerous goods, to be removed, at the expense of
the owner therof, to such place as may be in conformity with the said
rules and regulations, and all expenses incurred in such removal may be
recovered in the same manner in which penalties are hereinafter made
recoverable.
8.(1) The owner or master of every ship carrying a cargo any
part of which consists of dangerous goods to which this Ordinance
applies shall, o entering any harbour, give notice of the nature of such
cargo to the Harbour Master, and shall furnish him wiht a true copy of
the manifest of such dangerous goods.
(2) If such notice is not given and manifest furnished, the owner
and the master of such ship shall each incur a penalty not exceeding
the sum of two thousand dollars, unless it is shown, to the satisfacion of
the Court before which the case is tried, that neither the owner nor the
master knew the nature of th goods to which the proceedings relate,
and could not, with reasonable diligence, have obtained such knowledge.
9-(1) Where any dangerous goods to which this Ordinance ap-
plies-
(a) are sent or convey ed by land or water between any two places
in the Colony; or
(b) are sold or exposed for sale,
the vessel or case containing such dangerous goods shall have attached
thereto a lable in conspicuous characters, in English and Chinese, stating
the description of the goods with the addition of the word 'Dangersous,'
and with the addition,-
(a) in the case of a vessel or package sent or conveyed, of the
name and address of the sender; and,
(b) in the case of a vessel or package sold or exposed for sale, of
the name and address of the vendor.
(2) All dangerous goods 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 fore-
feited, and, in addition thereto, the person sending, selling, or exposing
for sale the same shall for eahc offence be liable to a penalty not ex-
ceeding twenty-five dollars.
10-(1) Save as hereinafter mentioned, after the commencement of
this Ordinance, dangerous goods to which this Ordinance applies shall
not be kept except in pursuance of a licence granted by the Governor.
(2) A licence may be granted for a limited time, and may be subject
to renewal or not in such maner as the Governor may deem expedient.
(2) There may be annexed to any such licence such conditions as to
the mode of storage, the nature and siuation of the premises in which,
and the nature of the goods with which, such dangerous goods are to be
stored, the mode of carrying such dangerous goods within the Colony,
and generally as to the safe keeping of such dangerous goods as to the
Governor-in-Council may seem expedient.
(4) Any licensee violating any of the conditions of his licence shall
be deemed to be an unlicensed person.
(5) All dangerous goods kept in contravention of this section shall,
together with the vessels or packages containing the same, be forfeited,
and, in additin thereto, the occupier of the place in which such goods
are so kept shall be liable to a penalty not exceeding one hundred dollars
a day for each day during which such goods are so kept.
(6) This section shall not apply to kerosine keptfor private use when
the amount does not exceed ten galons, and the same is kept in closed
vessels each of which contains not more thant three gallons, or to any
goods the storage of which is provided for by any other Ordinance.
(7) there shall b charged in respect of each licence granted in pur-
suance of this Ordinance the sum of one dollar.
11. Any dealer who-
(1) refuses to show to any officer authorized by the Governor every
or any place, or all or any of the vessels or packages, in which
dangerous goods to which this Ordinance aplies in his possession
are kept or to give him such assistance as he may require for
examining th same; or
(2) wilfully obstructs any officer so authorized in the execution of
this Ordinance,
shall be liable to a penalty not exceeding one hundred dollars.
12.-(1) Where any Magistrate is satisfied, by information upon oath,
that there is reasonable ground to believe that any dangerous goods to
which this Ordinance applies are being kept, sent, conveyed, or exposed
for sale within the colony in contravention of this Ordinance, t any
place, whether a building or not, or in any ship or vehicle, such Magis-
trate shall greant a warrant by virture whereof it shall be lawful for any
person named in the warrant to enter the place, ship, or vehicle men-
tioned in the warrant, an every part thereof, and examine the same
and search for such goods therein, and if any such goods are found therein
which are kept sent, conveyed, or exposed for sale in contravention of
this Ordinance, to seize and remove such goods and the vessels or packages containing the same, and to detain such goods and vessels or
packages until a Magistrate has determined whether the same are or are
not forfeited.
(2) The proccedings for such forfeiture shall be commence forth-
with after the seizure.
(3) Any person seizing any dangerous goods to which this Ordinance
applies, in pursunance of this section, shall not be liable to any action for
detaining the same or for any loss or damage incurred in respect of such
goods, otherwise than by any wilful act or neglect while the same are so
detained.
(4) Every person who, -
(a) by himself or by any one in his employment or acting by his
direction or with hsi consent, refuses or fails to admit into any
aplace occupied by or under the control of such person any per-
son demanding to enter in pursuance of this seciton; or
(b) in any way obstructs or prevents any such person in or from
making any such search, examinatin, or seizure as authorized
by this section,
shall be liable to a penalty not exceding one hundred dollars, and to
forfeit all the dangerous goods to which this Ordinance applies which
are found in his possesson or under his control.
13.-(1) No person shall deliver any dangerous goods to which this
Ordinance applies 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 warehuse, wharf, or quay,
unless the ture name or description of such goods, with the addition of
the word 'Dangerous,' in English and Chinese, is distinctly written,
printed, or marked on th outside of the package, or, in the case of
delviery to or deposti with any warhouse owner or carrier, without also
giving notice in writing to him of the name or description of such goods
and of their being dangerous.
(2) Every person who commits a breach of this section sahll be liable
to a penalty not exceeding two thousand dollars or, at the discretion of
the Court, to imprisonment, with or without hard labour, for any term
not exceeding two years.
14. Provided always as follows:-
(1) any person convicted of a breach of the last preceding section
shall not be liable to a penalty of more than one thousand dollars
or to imprisonment, if he shows, to the satisfaction of the Court
or of the Court and jury before whom he is convicted, that he
did not know the nature of the goods to which the information or
indictment relates; and (2) any person accused of having committed a breach of the said
section shall not be liable to be convicted thereof if he shows, to
the satisfaction of the Court or of the Court and jury before
whom he is tried, that he did not know the nature of the goods to
which the information or indictment relates, and that he could not,
with reasonable diligence, have obtained such knowledge.
15. Where goods are delivered, sent, carried, or deposited in contra-
vention of section 13, the same shall be forfeited, and shall be disposed
of in such manner as the Governor directs, whether any eprson is liable
to be convicted of a breach of the said section or not.
16-(1) The provisions of sections 8, 9 13, 14 and 15 shall not apply
to either of the following two classes of dangerous goods, namely,-
(a) lubricating oils; and
(b) petroleum tar or petroleum fuel which, after being tested by
him, ahs been certified by the Government Analyst, or other
similar officer of this or any other British Colony or Possessin,
to give off an inflammable vapour at a temperature of not less than
150~ Fahrenheit.
(2) Any by-laws, rules, or regulations relaing to dangerous goods
made under this or any other Ordinance shall not, unless expressly so
provided, apply to either of the above two classes of dangerous goods.
17. No warehouse owner or carrier shall be bound to receive or carry
any dangerous goods to which this Ordinance applies.
18-(1) All offences and penalties under this Ordinance (excepting
those pecified and imposed by section 13) may be prosecuted and re-
covered summarily before a Police Magistrate in manner provided by
any Ordinance for the time being in force relating to Magistrates and
the practice and procedure before them in respect of offences punishable
on summary conviction.
(2) All offences and penalties specified and imposed by section 13
may be prosecuted and recovered summarily before two magistrates
sitting together, who shall constitute a Court or ths purpose: Provided
that if, at the close of the investigation, the accused person applies for a
trial by jury, or the magistrates are of opinion that the case ought to be
so tried, they may commit the accused person for trial at the Supreme
Court.
19. This Ordinance shall not apply to Her Majesty's ships of war, or
to the ships of war of any foreign natin, ro to any stores or depots or
other premises belonging to Her Majest's Government or to Her Ma-
jesty's navla or military authorities within the Colony.
20. Nothing in this Ordinance shall be deemed to affect the provi-
sions of any Ordinance for the time in force relating to gunpowder.
A.D. 1873. Ordinance. No. 8 of 1873, with Ordinances No. 7 of 1884, No. 8 of 1892, No. 39 of 1899, and No. 34 of 1901, incorporated. Short title. Interpretation of terms. 29 & 30 Vict.c. 69 s. 7. Enumeration of dangerous goods. Definition of petroleum. 34 & 35 Vict.c. 105 s. 3. Application of the Ordi- nance to other substances. 34 & 35 Vict.c. 105 s. 14. Making of rules and regulations as to movement, etc., of dangerous goods. Ib.s.4. Contravention of rules and regulations by ships, etc. Ib. Notice by owner or master of ship carrying dangerous goods. 34 & 35 Vict.c. 105 s. 5. Label on vessel or case containing dangerous goods. Ib.s.6. Regulations as to storage of dangerous goods 34 & 35 Vict.c. 105 ss. 7, 9. Penalty on dealer refusing information, etc. Ib.s.12. Search for dangerous goods. Ib.s.13. Marking of dangerous goods and giving of notice of their character. 29 & 30 Vict.c. 69 s. 3. Provision for case of absence of knowledge of nature of goods. Ib.s. 4. Forfeiture of goods not marked, etc. 29 & 30 Vict.c. 69 s. 5. Exemption of certain classes of goods from certain provisions and from operation of regulations. Refusal of goods. Ib.s.6. Proceedings for offences, penalties, etc. See Ordinance No. 3 of 1890. Exemption of ships of war, etc. Saving as to Ordinances relating to gunpowder.
Dangerous Goods Ordinance, 1873.
AN ORDINANCE for the Amendment of the Law with respect
to the Carriage and Deposit of Dangerous Goods.[9th July, 1873.]
BE it enacted by the Governor of Hongkong, with the advice of the
Legislative Council thereof, as follow:-
1. This Ordinance may be cited as the Dangerous Goods Ordinance,
1873.
2. In this Ordinance, unless the context otherwise requires,-
'Dangerous goods' mean any of the goods or substances specified
in section 3 and 4 or which for the time being may be declared to
be 'danagerous goods' by an Order of the Governor-in-Council
under section 5:
'Warehouse owner' includes all persons or bodies of persons
owning or managing any warehouse, store, quay, pier, or other
premises in which goods are deposited;
'Carrier' includes all persons or bodies of persons carrying goods
or passengers for hire by land or water.
3. The following goods, namely, petroleum, nitro-glyeerine or glo-
noine oil, gun cotton, fulminate of mercury or of other metals, dynamite,
blasting powders, gunpowder, fuzes (other than safety fuzes), rockets,
detonators, cartridges, ammunition of all descriptions (other than percus-
sion caps or priming caps or empty sporting cases), phosphorus, naphtha,
and benzine shall be deemed to be dangerous goods within the meaning
of this Ordinance.
4. For the purposes of this Ordinance, the term 'Petroleum' in-
cludes kerosine 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.
5. It shall be lawful for the Governor-in-Council from time to time
to make, revoke, and vary Orders declaring that any substances, other than those enumerated in section 3, shall be deemed to be dangerous
goods within the menaing of this Ordinance, and, during the continuance
of any such Order, this Ordinance shall apply to the substances specified
therein, and shall be construed and have effect as if throughout it such
substances had been included in the enumeration of dangerous goods
contained in section 3, subject to the following qualifications:-
(1) the quentity of any substance to which this Ordinance is directed
by Order of the Governor-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 quanity is specified, no quan-
tity may be kept without a licence; and
(2) the label on the vessel or package containing such substance shall
be such as may be specified in that behalf in the Order:
Provided always that no such Order of the Governor-in-Council, nor any
revocation or variation thereof, shall come into force until the same has
been published in The Gazette.
6.-(1) It shall be lawfull for the Governor-in-Council to make, vary,
and revoke rules and regulations in respect of any of the following
matters, namely,-
(a) the movement, carriage, lnading, shipment, or transshipment of
any dangerous goods to which this Ordinance applies from, into,
or within the Colony or the waters thereof, and either by land
or by water, and the time and mode thereof, and the precautions
to be taken in connexion therewith; and
(b) the place or places in the waters of the Colony at which any
ship, vessel, lighter, or boat of any desciption whtever carry-
ing, or about to carry, or having on board any such dangerous
goods may or may not moor, anchor, or stop.
(2) Such rules and regulations and any variation or revocation thereof
shall not come into force until published in The Gazette, and thereafter
shall cme into force from the date of publication or such other time
as may be mentioned therein.
(3). Until such new rules and regulations come into force the present
rules shall remain valid.
(4) Rules and regulations made under this section shall be laid on the
table of the Legislative Council at the sitting next after their publication
in The Gazette.
7. Where any such ship, vessel, lighter, or boat having on board any
dangerous goods as aforesaid is moored, anchored, or stopped, or any such
dangerous goods as aforesaid are carried, landed, shipped, or transshipped,
or otherwise dealt with, in contravention of any rules and regulations for
the time being in force under this Oridnancne, the ownere and master of such ship, vessel, lighter, or boat or the owner of such dangerous goods, as the
case may be, shall each be liable to a penalty not exceeding two hundred
and fifty dollars for each day during which such contravention continues;
and it shall be lawful for the Harbour Master, or any other person acting
under the orders of the Harbour Master, to cause such ship, vessel,
lighter, or boat, or dangerous goods, to be removed, at the expense of
the owner therof, to such place as may be in conformity with the said
rules and regulations, and all expenses incurred in such removal may be
recovered in the same manner in which penalties are hereinafter made
recoverable.
8.(1) The owner or master of every ship carrying a cargo any
part of which consists of dangerous goods to which this Ordinance
applies shall, o entering any harbour, give notice of the nature of such
cargo to the Harbour Master, and shall furnish him wiht a true copy of
the manifest of such dangerous goods.
(2) If such notice is not given and manifest furnished, the owner
and the master of such ship shall each incur a penalty not exceeding
the sum of two thousand dollars, unless it is shown, to the satisfacion of
the Court before which the case is tried, that neither the owner nor the
master knew the nature of th goods to which the proceedings relate,
and could not, with reasonable diligence, have obtained such knowledge.
9-(1) Where any dangerous goods to which this Ordinance ap-
plies-
(a) are sent or convey ed by land or water between any two places
in the Colony; or
(b) are sold or exposed for sale,
the vessel or case containing such dangerous goods shall have attached
thereto a lable in conspicuous characters, in English and Chinese, stating
the description of the goods with the addition of the word 'Dangersous,'
and with the addition,-
(a) in the case of a vessel or package sent or conveyed, of the
name and address of the sender; and,
(b) in the case of a vessel or package sold or exposed for sale, of
the name and address of the vendor.
(2) All dangerous goods 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 fore-
feited, and, in addition thereto, the person sending, selling, or exposing
for sale the same shall for eahc offence be liable to a penalty not ex-
ceeding twenty-five dollars.
10-(1) Save as hereinafter mentioned, after the commencement of
this Ordinance, dangerous goods to which this Ordinance applies shall
not be kept except in pursuance of a licence granted by the Governor.
(2) A licence may be granted for a limited time, and may be subject
to renewal or not in such maner as the Governor may deem expedient.
(2) There may be annexed to any such licence such conditions as to
the mode of storage, the nature and siuation of the premises in which,
and the nature of the goods with which, such dangerous goods are to be
stored, the mode of carrying such dangerous goods within the Colony,
and generally as to the safe keeping of such dangerous goods as to the
Governor-in-Council may seem expedient.
(4) Any licensee violating any of the conditions of his licence shall
be deemed to be an unlicensed person.
(5) All dangerous goods kept in contravention of this section shall,
together with the vessels or packages containing the same, be forfeited,
and, in additin thereto, the occupier of the place in which such goods
are so kept shall be liable to a penalty not exceeding one hundred dollars
a day for each day during which such goods are so kept.
(6) This section shall not apply to kerosine keptfor private use when
the amount does not exceed ten galons, and the same is kept in closed
vessels each of which contains not more thant three gallons, or to any
goods the storage of which is provided for by any other Ordinance.
(7) there shall b charged in respect of each licence granted in pur-
suance of this Ordinance the sum of one dollar.
11. Any dealer who-
(1) refuses to show to any officer authorized by the Governor every
or any place, or all or any of the vessels or packages, in which
dangerous goods to which this Ordinance aplies in his possession
are kept or to give him such assistance as he may require for
examining th same; or
(2) wilfully obstructs any officer so authorized in the execution of
this Ordinance,
shall be liable to a penalty not exceeding one hundred dollars.
12.-(1) Where any Magistrate is satisfied, by information upon oath,
that there is reasonable ground to believe that any dangerous goods to
which this Ordinance applies are being kept, sent, conveyed, or exposed
for sale within the colony in contravention of this Ordinance, t any
place, whether a building or not, or in any ship or vehicle, such Magis-
trate shall greant a warrant by virture whereof it shall be lawful for any
person named in the warrant to enter the place, ship, or vehicle men-
tioned in the warrant, an every part thereof, and examine the same
and search for such goods therein, and if any such goods are found therein
which are kept sent, conveyed, or exposed for sale in contravention of
this Ordinance, to seize and remove such goods and the vessels or packages containing the same, and to detain such goods and vessels or
packages until a Magistrate has determined whether the same are or are
not forfeited.
(2) The proccedings for such forfeiture shall be commence forth-
with after the seizure.
(3) Any person seizing any dangerous goods to which this Ordinance
applies, in pursunance of this section, shall not be liable to any action for
detaining the same or for any loss or damage incurred in respect of such
goods, otherwise than by any wilful act or neglect while the same are so
detained.
(4) Every person who, -
(a) by himself or by any one in his employment or acting by his
direction or with hsi consent, refuses or fails to admit into any
aplace occupied by or under the control of such person any per-
son demanding to enter in pursuance of this seciton; or
(b) in any way obstructs or prevents any such person in or from
making any such search, examinatin, or seizure as authorized
by this section,
shall be liable to a penalty not exceding one hundred dollars, and to
forfeit all the dangerous goods to which this Ordinance applies which
are found in his possesson or under his control.
13.-(1) No person shall deliver any dangerous goods to which this
Ordinance applies 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 warehuse, wharf, or quay,
unless the ture name or description of such goods, with the addition of
the word 'Dangerous,' in English and Chinese, is distinctly written,
printed, or marked on th outside of the package, or, in the case of
delviery to or deposti with any warhouse owner or carrier, without also
giving notice in writing to him of the name or description of such goods
and of their being dangerous.
(2) Every person who commits a breach of this section sahll be liable
to a penalty not exceeding two thousand dollars or, at the discretion of
the Court, to imprisonment, with or without hard labour, for any term
not exceeding two years.
14. Provided always as follows:-
(1) any person convicted of a breach of the last preceding section
shall not be liable to a penalty of more than one thousand dollars
or to imprisonment, if he shows, to the satisfaction of the Court
or of the Court and jury before whom he is convicted, that he
did not know the nature of the goods to which the information or
indictment relates; and (2) any person accused of having committed a breach of the said
section shall not be liable to be convicted thereof if he shows, to
the satisfaction of the Court or of the Court and jury before
whom he is tried, that he did not know the nature of the goods to
which the information or indictment relates, and that he could not,
with reasonable diligence, have obtained such knowledge.
15. Where goods are delivered, sent, carried, or deposited in contra-
vention of section 13, the same shall be forfeited, and shall be disposed
of in such manner as the Governor directs, whether any eprson is liable
to be convicted of a breach of the said section or not.
16-(1) The provisions of sections 8, 9 13, 14 and 15 shall not apply
to either of the following two classes of dangerous goods, namely,-
(a) lubricating oils; and
(b) petroleum tar or petroleum fuel which, after being tested by
him, ahs been certified by the Government Analyst, or other
similar officer of this or any other British Colony or Possessin,
to give off an inflammable vapour at a temperature of not less than
150~ Fahrenheit.
(2) Any by-laws, rules, or regulations relaing to dangerous goods
made under this or any other Ordinance shall not, unless expressly so
provided, apply to either of the above two classes of dangerous goods.
17. No warehouse owner or carrier shall be bound to receive or carry
any dangerous goods to which this Ordinance applies.
18-(1) All offences and penalties under this Ordinance (excepting
those pecified and imposed by section 13) may be prosecuted and re-
covered summarily before a Police Magistrate in manner provided by
any Ordinance for the time being in force relating to Magistrates and
the practice and procedure before them in respect of offences punishable
on summary conviction.
(2) All offences and penalties specified and imposed by section 13
may be prosecuted and recovered summarily before two magistrates
sitting together, who shall constitute a Court or ths purpose: Provided
that if, at the close of the investigation, the accused person applies for a
trial by jury, or the magistrates are of opinion that the case ought to be
so tried, they may commit the accused person for trial at the Supreme
Court.
19. This Ordinance shall not apply to Her Majesty's ships of war, or
to the ships of war of any foreign natin, ro to any stores or depots or
other premises belonging to Her Majest's Government or to Her Ma-
jesty's navla or military authorities within the Colony.
20. Nothing in this Ordinance shall be deemed to affect the provi-
sions of any Ordinance for the time in force relating to gunpowder.
A.D. 1873. Ordinance. No. 8 of 1873, with Ordinances No. 7 of 1884, No. 8 of 1892, No. 39 of 1899, and No. 34 of 1901, incorporated. Short title. Interpretation of terms. 29 & 30 Vict.c. 69 s. 7. Enumeration of dangerous goods. Definition of petroleum. 34 & 35 Vict.c. 105 s. 3. Application of the Ordi- nance to other substances. 34 & 35 Vict.c. 105 s. 14. Making of rules and regulations as to movement, etc., of dangerous goods. Ib.s.4. Contravention of rules and regulations by ships, etc. Ib. Notice by owner or master of ship carrying dangerous goods. 34 & 35 Vict.c. 105 s. 5. Label on vessel or case containing dangerous goods. Ib.s.6. Regulations as to storage of dangerous goods 34 & 35 Vict.c. 105 ss. 7, 9. Penalty on dealer refusing information, etc. Ib.s.12. Search for dangerous goods. Ib.s.13. Marking of dangerous goods and giving of notice of their character. 29 & 30 Vict.c. 69 s. 3. Provision for case of absence of knowledge of nature of goods. Ib.s. 4. Forfeiture of goods not marked, etc. 29 & 30 Vict.c. 69 s. 5. Exemption of certain classes of goods from certain provisions and from operation of regulations. Refusal of goods. Ib.s.6. Proceedings for offences, penalties, etc. See Ordinance No. 3 of 1890. Exemption of ships of war, etc. Saving as to Ordinances relating to gunpowder.
Abstract
A.D. 1873. Ordinance. No. 8 of 1873, with Ordinances No. 7 of 1884, No. 8 of 1892, No. 39 of 1899, and No. 34 of 1901, incorporated. Short title. Interpretation of terms. 29 & 30 Vict.c. 69 s. 7. Enumeration of dangerous goods. Definition of petroleum. 34 & 35 Vict.c. 105 s. 3. Application of the Ordi- nance to other substances. 34 & 35 Vict.c. 105 s. 14. Making of rules and regulations as to movement, etc., of dangerous goods. Ib.s.4. Contravention of rules and regulations by ships, etc. Ib. Notice by owner or master of ship carrying dangerous goods. 34 & 35 Vict.c. 105 s. 5. Label on vessel or case containing dangerous goods. Ib.s.6. Regulations as to storage of dangerous goods 34 & 35 Vict.c. 105 ss. 7, 9. Penalty on dealer refusing information, etc. Ib.s.12. Search for dangerous goods. Ib.s.13. Marking of dangerous goods and giving of notice of their character. 29 & 30 Vict.c. 69 s. 3. Provision for case of absence of knowledge of nature of goods. Ib.s. 4. Forfeiture of goods not marked, etc. 29 & 30 Vict.c. 69 s. 5. Exemption of certain classes of goods from certain provisions and from operation of regulations. Refusal of goods. Ib.s.6. Proceedings for offences, penalties, etc. See Ordinance No. 3 of 1890. Exemption of ships of war, etc. Saving as to Ordinances relating to gunpowder.
Identifier
https://oelawhk.lib.hku.hk/items/show/585
Edition
1901
Volume
v1
Subsequent Cap No.
295
Cap / Ordinance No.
No. 1 of 1873
Number of Pages
7
Files
Collection
Historical Laws of Hong Kong Online
Citation
“DANGEROUS GOODS ORDINANCE, 1873,” Historical Laws of Hong Kong Online, accessed January 26, 2025, https://oelawhk.lib.hku.hk/items/show/585.