GUNPOWDER AND FIREWORKS ORDINANCE, 1901
Title
GUNPOWDER AND FIREWORKS ORDINANCE, 1901
Description
ORDINANCE NO. 14 OF 1901.
Gunpowder and Fireworks
AN ORDINANCE to consolidate and amend the laws relating
to the manufacture of gunpowder and fireworks, and to
regulate the sale and conveyance of gunpowder.
[5th october, 1901]
BE it enacted by the governor of hongkong, with the advice and
consent of the legislative council thereof, as follows:-
1 this ordinance may be cited as the gunpowder and fireworks
ordinance, 1901.
2 in this ordinance-
'gunpowder' means the common or black variety and includes
nitro-compound explosives:
'fireworks' mean what is usually understood by the term fireworks and include
chinese crackers:
'occupier' incldes any number of persons and a body corporate,
and, in the case of any manufacture, includes any person carrying
on such manufacture:
'factory magazine' means a building for keeping the gunpowder
or fireworks made in the factory.
restrictions on manufacture of gunpowder and fireworks.
3 no person shall manufacture or cause to be manufactured any
gunpowder within such limits or parts of this colony as may be prescribed
by the governor-in-council.
4(1) outside such limits or parts no person shall manufacture or
cause to be manufactured in this colony any gunpowder, except at a
factory established on the site and in the manner specified in a licence
for the same granted under this ordinance.
(2) the fee for any such licence shall be $25 per
annum payable in advance.
5-(1) an applicant for a licence under the preceding section
shall, if required to do so, submit for the approval of the governor a
statement accompanied by a plan (drawn to scale) of the proposed
factory and the site thereof (which plan shall be deemed to form part of,
and to be in this ordinance included in, the expression 'the licence').
(2) the draft licence shall contain the terms which the applicant
propses to have inserted in the licence, and shall specify such of the
following matters as are applicable, namely,-
(a) the boundaries of the land forming the site of the factory and
either any belt of land surrounding the site which is to be kept
clear, and the buildings and works from which it is to be kept
clear, or the distances to be maintained between the factory or
any part thereof and other buildings and works;
(b) the situation, character, and construction of all the mounds,
buildings, and works on or connected with the factory and the
distances thereof from each other;
(c) the nature of the processes to be carried on in the factory and
in each part therof, and the place at which each process of the
manufacture, and each description of the work connected with
the factory, is to be carried on, and the places in the factory at
which gunpowder and any ingredients of gunpowder, and any
articles liable to spontaneous ignition, or inflammable or otherwise
danagerous, are to be kept;
(d) the amount of gunpowder and of ingredients thereof, wholly or
partly mixed, to be allowed at the same time in any building or
machine or any process of the manufacture or within a limited
distance from such building or machine, having regard to the
situation and construction of such building and to the distance
thereof from any other building or any works;
(e) the situation of each factory magazine and the maximum
amount of gunpowder to be kept in each factory magazine and
in each such building as aforesaid;
(f) the maximum number of persons to be employed in each
building in the factory; and
(g) any special terms which the applicant may propose by reason
of any special circumstances arising from the locality, the situation
or construction of any buildings or works, or the nature of any
process, or otherwise.
(3) the governor, after examination of the proposal, may reject the
application altogether or may approve of the draft licence, with or without
modification or addition, and may grant to the applicant permission
for the establishment of the factory on the proposed site.
6(1) no person shall manufacture or cause to be manufactured
any fireworks except at a factory established on the site and in the
manner specified in a licence for the same granted udner this ordinance.
(2) the governor may issue licences, which shall contain such terms
and conditions as the governor may in each particular case think fit,
for the manufacture of fireworks and for the storage of any ingredients to
be used in connexion with such manufacture.
(3) an applicant for a licence to manufacture fireworks shall specify
the proposed site and construction of the factory, and the amount of
ingredients which he propses to store in connexion with the factory,
and the maximum numbers of persons to be employed in each building
in the factory.
(4) the fee for any such licence shall be $10 per annum
payable in advance.
7 the governor may at any time, in his discretion, amend any
licence issued under this ordinance or any of the terms thereof. 8 any licence issued under this ordinance may be cancelled at any
time by the governor-in-council for any cause which the governor-in-council
thinks fit; in the event of any such cancellation, neither the
licence fee nor any portion thereof shall be returned, unless the
governor-in-council so directs.
regulation of factories.
9(1) in every factory for gunpowder or for fireworks-
(a) the factory or any part thereof shall not be used for any
purpose not in accordance with the licence;
(b) the terms of the licence shall be duly observed, and the manufacture
or keeping, or any process in or work connected with the
manufacture or keeping, of gunpowder or fireworks shall not be
carried on except in accordance with those terms; and
(c) the factory and every aprt thereof shall be maintained in accordance
with the licence; and any material alteration in the factory,
by enlarging or adding to the site, or by externally enlarging or
adding to any building, or by latering any mound otherwise than
by enlargement, or by making any new work, shall not be made
except in pursuance of an amending licence granted underthis
ordinance.
(2) in the event of any breach (by any act or default) of this section
in any factory,-
(a) all or any part of the gunpowder or ingredients thereof, or the
fireworks or ingredients thereof in respect to which, or being in
any building or machine in respect to which the offence was
committed may be forfeited; and
(b) the occupier shall, on summary conviction before a magistrate,
be liable to a penalty not exceeding, in the case of the 1st ofence,
$500, and, in the case of a second or any subdsequent offence,
$100, and in addition $500 for every day during which such breach
continues, and, in default of payment of such penalty, to imprisonment, with
or without hard labour, for any term not exceeding 6 months, and,
in the case of a second or any subsequent offence, to imprisonment for
any term not exceeding 12 months.
sale of gunpowder and fireworks.
10 no gunpowder shall be hawked, sold, or exposed for sale upon any
highway, street, public thoroughfare, or public place. 11 all gunpowder exceeding one pound in weight, when publicly
exposed for sale or sold, shall be in a substantial case, canister, or other
receptacle made and closed so as to prevent the gunpowder from escaping,
and the outermost receptacle containing such gunpowder shall have
affixed the word 'gunpowder,' in english or other european language
or chinese, in conspicuous characters by means of a brand of securely
attached label or other mark.
12 fireworks kept or exposed for sale on any premises shall be placed
under cover in boxes or in glass cases, secured so as to protect the fireworks
from ignition.
conveyance of gunpowder.
13(1) the following general rules shall be observed with respect to
the packing of gunpowder for conveyance:-
(a) the gunpowder, if not exceeding 5 pounds in amount, shall be contained
in a substantial case, canister, or other receptacle
made and closed so as to revent the gunpowder from escaping;
(b) the gunpowder, if exceeding 5 pounds in amount, shall be
contained either in a single package or a double package. A
single package shall be a box, barrel, or case of such strength, construction,
and character that it will not be broken or accidentally
opened, or become defective or insecure, whilst being conveyed, and
will not allow the gunpowder to escape. if the gunpowder is
packed in a double package, the inner package shall be substantial
cae, canister, or other receptacle made and closed so as to prevent
the gunpowder from escaping, and the outer package shall be a box,
barrel, or cae of wood or metal or other solid material, and shall
be of such strenght, construction, and character that it will not
be broken or accidentally opened, or becoe defective or insecure,
whilst being conveyed, and will not allow the gunpowder to
escape;
(c) the interior of every package, whether single or double, shall
be kept free from frit and otherwise clean;
(d) every package, whether single or double, when actually used
for the package of gunpowder, shall not be used for any other
purpose;
(e) there shall not be any iron or steel in the construction of any
such single package or inner or outer package, unless the same is
effectually covered with in, zinc, or other material;
(f) the amount of gunpowder in any single package, or, if there
is a double package, in any one outer package, shall not exceed 100 pounds, except with the consent of and under conditions
approved by the governor; and
(g) on the outermost package there shall be affixed the word
'gunpowder' in conspicuous characters, in english or other
european language or chines, by means of a brand or securely
attached label or other mark.
(2) in the event of any breach (by any act or default) of any general
sale in this section, the gunpowder in respect of which the breach is
committed may be forfeited, and the person guilty of such breach shall
be laible to a penalty not exceeding $200 and, in default of payment of
such penalty, to imprisonment, with or without hard labour, for any
term not exceeding 3 months.
(3) the governor-in-council may from time to time make, and,
when made, repeal, alter, and add to, rules for the purpose of rescinding
altering, or adding to the general rules contained in this section or any
of them; and the rules so made by the governor-in-council shall have
the same effect as if they were enacted in this section.
government supervision.
14(1) the governor may from time to time appoint any fit persons
to be inspectors for the purposes of this ordinance, and any such
inspector is referred to in this ordinance as a government inspector.
(2) every order appointing an inspector shall be published in the
gazette.
15(1) a government inspector shall have power to make such
examination and inquiry as may be necessary to ascertain whether this
ordinance is complied with, and for that purpose-
(a) he may enter, inspect, and examine any factory for gunpowder
or for fireworks and every part thereof, at all times by day and by
night, but so as not to unnecessarily impede or obstruct the work
in such factory, and may make inquiries as to the observance of
this ordinance, and all matters and things relating to the safety
of the pulic or of the persons employed in or about such factory;
and
(b) he may require the occupier of any factory which he is
entitled, under this section, to enter, or a person employed by
such occupier therein, to give him samples of any gunpowder
and fireworks, or of any ingredients thereof, or of any substance therein. (2) the occupier of every such factory, his agents and servatns, shall
furnish the means required by the inspector as necesary for every such
entry, inspection, examination, and inquiry.
(3) any person who fails to permit a government inspector to enter
inspect, examine, or make inquiries in pursuance of this section or to
comply with any requisition of such inspector in pursuance of this
section, or who in any manner obstructs such inspector in the execution
of his duties under this ordinance, shall, on summary conviction
before a magistrate, be liable to a penalty not exceeding $1000
for every offence and, in default of payment of such penalty, to imprisonment, with
or without hard labour, for any term not exceeding 1 year.
16(1) it shall be lawful for the governor-in-council from time to
time to make such rules as he may deem expedient with regard to the
manufacture of gunpowder and fireworks and thesale and conveyance
thereof, and with regardto the limits within which such manufacture
shall be entirely prohibited, and with regard to the structure and
working of and the precautions to be observed in any factory for gunpowder
or fireworks, and also with regard to the storage of fireworks,
and generally with regard to any matters which the governor-in-council
may deem expedient for the better carrying out of this ordinance.
(2) such rules shall not come inot force until published in the gazette.
17(1) whenever there occurs any accident by explosion or by
fire in or about or in connexion with any premises licensed under this
ordinance, the occupier of such premises shall fortherwith send or cause
to be sent notice of such accident, and of the loss of life or personal
injury, if any, occasioned thereby, to the captain superintendent of
police.
(2) every such occupier as aforesaid who fails to comply with this
section shall be liable to a penalty not exceeding $200
and, in default of payment of such penalty, to imprisonment, with
or without hard labour, for any term not exceeding 3 months.
miscellaneous provisions.
18 every person who contravenes any of the undermentioned
sections of this ordinance, or any of the rules made under this ordinance,
shall be deemed guilty of an offence and shall, on summary conviction
before a magistrate, be liable to the following penalties:-
(1) for an offence against any of section 3, 4, and 6, a penalty not exceeding $100 for every day during which the
unlawful manufacture is carried on, and, in default of payment of
such penalty, to imprisonment, with or without hard labour, for
any term not exceeding 1 year, and, if the magistrate thinks fit,
forfeiture of all or any part of the gunpowder or ingredients
thereof, or of the fireworks or ingredients thereof, which may be
found in or about the place where such unlawful manufacture is
being carried on or in the possession or under the control of any
person convicted under any of the said sections; and
(2) for an offence against any of sections 10, 11, and 12, or of any
rule made thereunder, a penalty not exceeding $100
and, in default of payment of such penalty, to imprisonment, with
or without hard labour, for any term not exceeding 2 months,
and all or any part of the gunpowder or fireworks hawked, sold, or
exposed for sale in contravention of any of the provisions of any
of the last-mentioned 3 sections, or found in the possession of a
person convicted under any of the said sections, may be forfeited.
19(1) every person who enters without permission or otherwise
trepasses upon any factory, or the land immediately adjoining thereto
which is occupied by the occupier of such factory, shall for every such
offence, if not otherwise punishable, be liable to a penalty not exceeding
$50 and, in default of payment of such penalty, to imprisonment, with
or without hard labour, for any term not exceeding 1 month,
and may be forthwith removed from such factory or land by any police
officer or constable or by the occupier of such factory or any agent or
servant of or other person authorized by such occupier.
(2) every person, other than the occupier of or person employed in
or about any such factory, who is found committing any act which tends
to cause explosion or fire in or about such factory shall be liable to a
penalty not exceeding $500 and, in default of payment of such penalty,
to imprisonment, with or without hard labour, for any term not exceeding 6 months.
(3) the occupier of any such factory shall post up on some conspicuous place or
places a notice or notices warning all persons of their
liability to penalties under this section; but the absence of any such
notice or notices shall not exempt a person from a penalty udner this
section.
20 any person who is found committing any act for which he is
liable to a penalty under this ordinance, and which tends to cause
explosion or fire in or about any factory, may be apprehened without
a warrant by any police officer or constable or by the occupier, or the
agent or servant of or other person authorized by the occupier, of such factory, and be removed from the place at which he is arrested and
conveyed as soon as conveniently may be before a magistrate.
21(1) whenever it is made to appear to a magistrate that there is
reasonable cause to suspect that any offence is being committed against
this ordinance, the magistrate may, by warrant under his hand, direct
any police oficer or constable to enter, at any time, any building,
premises, or place, with such assistance and using such force as may be
necessary, and to search the same and ascertain whether any such offence
has been or is being committed.
(2) if any gunpowder, ingredient of gunpowder, fireworks, or other
thing is or are found, with regard to which there is reason to believe
that any offence against this ordinance has been or is being committed,
such officer or constable may cuase the same to be conveyed before the
magistrate or placed in safe keeping, and may also apprehend any
person so offending against this ordinance or reasonably susected of so
offending, and the magistrate may also, if he thinks fit, order all or any
part of such gunpowder, ingredient of gunpowder, fireworks, or thing
to be forfeited.
22 every licence issued under this ordinance must be renewed
annually.
23 this ordiance shall not apply to government, military, or
naval stores.
A.D. 1901. Ordinance No. 20 of 1901. Short title. Interpretation of terms. 38 & 39 Vict.c. 17 s. 108. Ib. Prohibition of manufacture of gunpowder within prescribed limits. Prohibition of manufacture of gunpowder outside prescribed limits without licence. Application for licence for factory, etc. Ib.s.6. Prohibition of manufacture of fireworks without licence. Amendment of licence. Cancellation of licence. Regulation of factories for gunpowder and for fireworks. 38 & 39 Vict.c. 17 s. 9. Prohibition of sale of gunpowder in highway, etc. Ib.s.30. Sale of gunpowder to be in closed case, etc., labelled. 38 & 39 Vict.c. 17 s. 32. Fireworks for sale to be place under cover. General rules as to packing of gunpowder for conveyance. Ib.s.33. Appointment of Government Inspectors. 38 & 39 Vict.c. 17 s. 53. Powers of Government Inspector. Ib.s.55. Making of rules relating to manufacture of gunpowder and fireworks, etc. Notification of accident by explosion or fire. 38 & 39 Vict.c. 17 s. 63. Penalties for certain specified offences. Trepass on factory, etc. 38 & 39 Vict.c. 17 s. 77. Apprehension without warrant of person committing dangerous offence. Ib.s.78. Issue of and proceedings under search warrant. Renewal of licence. Exemption of Government, etc., stores.
Gunpowder and Fireworks
AN ORDINANCE to consolidate and amend the laws relating
to the manufacture of gunpowder and fireworks, and to
regulate the sale and conveyance of gunpowder.
[5th october, 1901]
BE it enacted by the governor of hongkong, with the advice and
consent of the legislative council thereof, as follows:-
1 this ordinance may be cited as the gunpowder and fireworks
ordinance, 1901.
2 in this ordinance-
'gunpowder' means the common or black variety and includes
nitro-compound explosives:
'fireworks' mean what is usually understood by the term fireworks and include
chinese crackers:
'occupier' incldes any number of persons and a body corporate,
and, in the case of any manufacture, includes any person carrying
on such manufacture:
'factory magazine' means a building for keeping the gunpowder
or fireworks made in the factory.
restrictions on manufacture of gunpowder and fireworks.
3 no person shall manufacture or cause to be manufactured any
gunpowder within such limits or parts of this colony as may be prescribed
by the governor-in-council.
4(1) outside such limits or parts no person shall manufacture or
cause to be manufactured in this colony any gunpowder, except at a
factory established on the site and in the manner specified in a licence
for the same granted under this ordinance.
(2) the fee for any such licence shall be $25 per
annum payable in advance.
5-(1) an applicant for a licence under the preceding section
shall, if required to do so, submit for the approval of the governor a
statement accompanied by a plan (drawn to scale) of the proposed
factory and the site thereof (which plan shall be deemed to form part of,
and to be in this ordinance included in, the expression 'the licence').
(2) the draft licence shall contain the terms which the applicant
propses to have inserted in the licence, and shall specify such of the
following matters as are applicable, namely,-
(a) the boundaries of the land forming the site of the factory and
either any belt of land surrounding the site which is to be kept
clear, and the buildings and works from which it is to be kept
clear, or the distances to be maintained between the factory or
any part thereof and other buildings and works;
(b) the situation, character, and construction of all the mounds,
buildings, and works on or connected with the factory and the
distances thereof from each other;
(c) the nature of the processes to be carried on in the factory and
in each part therof, and the place at which each process of the
manufacture, and each description of the work connected with
the factory, is to be carried on, and the places in the factory at
which gunpowder and any ingredients of gunpowder, and any
articles liable to spontaneous ignition, or inflammable or otherwise
danagerous, are to be kept;
(d) the amount of gunpowder and of ingredients thereof, wholly or
partly mixed, to be allowed at the same time in any building or
machine or any process of the manufacture or within a limited
distance from such building or machine, having regard to the
situation and construction of such building and to the distance
thereof from any other building or any works;
(e) the situation of each factory magazine and the maximum
amount of gunpowder to be kept in each factory magazine and
in each such building as aforesaid;
(f) the maximum number of persons to be employed in each
building in the factory; and
(g) any special terms which the applicant may propose by reason
of any special circumstances arising from the locality, the situation
or construction of any buildings or works, or the nature of any
process, or otherwise.
(3) the governor, after examination of the proposal, may reject the
application altogether or may approve of the draft licence, with or without
modification or addition, and may grant to the applicant permission
for the establishment of the factory on the proposed site.
6(1) no person shall manufacture or cause to be manufactured
any fireworks except at a factory established on the site and in the
manner specified in a licence for the same granted udner this ordinance.
(2) the governor may issue licences, which shall contain such terms
and conditions as the governor may in each particular case think fit,
for the manufacture of fireworks and for the storage of any ingredients to
be used in connexion with such manufacture.
(3) an applicant for a licence to manufacture fireworks shall specify
the proposed site and construction of the factory, and the amount of
ingredients which he propses to store in connexion with the factory,
and the maximum numbers of persons to be employed in each building
in the factory.
(4) the fee for any such licence shall be $10 per annum
payable in advance.
7 the governor may at any time, in his discretion, amend any
licence issued under this ordinance or any of the terms thereof. 8 any licence issued under this ordinance may be cancelled at any
time by the governor-in-council for any cause which the governor-in-council
thinks fit; in the event of any such cancellation, neither the
licence fee nor any portion thereof shall be returned, unless the
governor-in-council so directs.
regulation of factories.
9(1) in every factory for gunpowder or for fireworks-
(a) the factory or any part thereof shall not be used for any
purpose not in accordance with the licence;
(b) the terms of the licence shall be duly observed, and the manufacture
or keeping, or any process in or work connected with the
manufacture or keeping, of gunpowder or fireworks shall not be
carried on except in accordance with those terms; and
(c) the factory and every aprt thereof shall be maintained in accordance
with the licence; and any material alteration in the factory,
by enlarging or adding to the site, or by externally enlarging or
adding to any building, or by latering any mound otherwise than
by enlargement, or by making any new work, shall not be made
except in pursuance of an amending licence granted underthis
ordinance.
(2) in the event of any breach (by any act or default) of this section
in any factory,-
(a) all or any part of the gunpowder or ingredients thereof, or the
fireworks or ingredients thereof in respect to which, or being in
any building or machine in respect to which the offence was
committed may be forfeited; and
(b) the occupier shall, on summary conviction before a magistrate,
be liable to a penalty not exceeding, in the case of the 1st ofence,
$500, and, in the case of a second or any subdsequent offence,
$100, and in addition $500 for every day during which such breach
continues, and, in default of payment of such penalty, to imprisonment, with
or without hard labour, for any term not exceeding 6 months, and,
in the case of a second or any subsequent offence, to imprisonment for
any term not exceeding 12 months.
sale of gunpowder and fireworks.
10 no gunpowder shall be hawked, sold, or exposed for sale upon any
highway, street, public thoroughfare, or public place. 11 all gunpowder exceeding one pound in weight, when publicly
exposed for sale or sold, shall be in a substantial case, canister, or other
receptacle made and closed so as to prevent the gunpowder from escaping,
and the outermost receptacle containing such gunpowder shall have
affixed the word 'gunpowder,' in english or other european language
or chinese, in conspicuous characters by means of a brand of securely
attached label or other mark.
12 fireworks kept or exposed for sale on any premises shall be placed
under cover in boxes or in glass cases, secured so as to protect the fireworks
from ignition.
conveyance of gunpowder.
13(1) the following general rules shall be observed with respect to
the packing of gunpowder for conveyance:-
(a) the gunpowder, if not exceeding 5 pounds in amount, shall be contained
in a substantial case, canister, or other receptacle
made and closed so as to revent the gunpowder from escaping;
(b) the gunpowder, if exceeding 5 pounds in amount, shall be
contained either in a single package or a double package. A
single package shall be a box, barrel, or case of such strength, construction,
and character that it will not be broken or accidentally
opened, or become defective or insecure, whilst being conveyed, and
will not allow the gunpowder to escape. if the gunpowder is
packed in a double package, the inner package shall be substantial
cae, canister, or other receptacle made and closed so as to prevent
the gunpowder from escaping, and the outer package shall be a box,
barrel, or cae of wood or metal or other solid material, and shall
be of such strenght, construction, and character that it will not
be broken or accidentally opened, or becoe defective or insecure,
whilst being conveyed, and will not allow the gunpowder to
escape;
(c) the interior of every package, whether single or double, shall
be kept free from frit and otherwise clean;
(d) every package, whether single or double, when actually used
for the package of gunpowder, shall not be used for any other
purpose;
(e) there shall not be any iron or steel in the construction of any
such single package or inner or outer package, unless the same is
effectually covered with in, zinc, or other material;
(f) the amount of gunpowder in any single package, or, if there
is a double package, in any one outer package, shall not exceed 100 pounds, except with the consent of and under conditions
approved by the governor; and
(g) on the outermost package there shall be affixed the word
'gunpowder' in conspicuous characters, in english or other
european language or chines, by means of a brand or securely
attached label or other mark.
(2) in the event of any breach (by any act or default) of any general
sale in this section, the gunpowder in respect of which the breach is
committed may be forfeited, and the person guilty of such breach shall
be laible to a penalty not exceeding $200 and, in default of payment of
such penalty, to imprisonment, with or without hard labour, for any
term not exceeding 3 months.
(3) the governor-in-council may from time to time make, and,
when made, repeal, alter, and add to, rules for the purpose of rescinding
altering, or adding to the general rules contained in this section or any
of them; and the rules so made by the governor-in-council shall have
the same effect as if they were enacted in this section.
government supervision.
14(1) the governor may from time to time appoint any fit persons
to be inspectors for the purposes of this ordinance, and any such
inspector is referred to in this ordinance as a government inspector.
(2) every order appointing an inspector shall be published in the
gazette.
15(1) a government inspector shall have power to make such
examination and inquiry as may be necessary to ascertain whether this
ordinance is complied with, and for that purpose-
(a) he may enter, inspect, and examine any factory for gunpowder
or for fireworks and every part thereof, at all times by day and by
night, but so as not to unnecessarily impede or obstruct the work
in such factory, and may make inquiries as to the observance of
this ordinance, and all matters and things relating to the safety
of the pulic or of the persons employed in or about such factory;
and
(b) he may require the occupier of any factory which he is
entitled, under this section, to enter, or a person employed by
such occupier therein, to give him samples of any gunpowder
and fireworks, or of any ingredients thereof, or of any substance therein. (2) the occupier of every such factory, his agents and servatns, shall
furnish the means required by the inspector as necesary for every such
entry, inspection, examination, and inquiry.
(3) any person who fails to permit a government inspector to enter
inspect, examine, or make inquiries in pursuance of this section or to
comply with any requisition of such inspector in pursuance of this
section, or who in any manner obstructs such inspector in the execution
of his duties under this ordinance, shall, on summary conviction
before a magistrate, be liable to a penalty not exceeding $1000
for every offence and, in default of payment of such penalty, to imprisonment, with
or without hard labour, for any term not exceeding 1 year.
16(1) it shall be lawful for the governor-in-council from time to
time to make such rules as he may deem expedient with regard to the
manufacture of gunpowder and fireworks and thesale and conveyance
thereof, and with regardto the limits within which such manufacture
shall be entirely prohibited, and with regard to the structure and
working of and the precautions to be observed in any factory for gunpowder
or fireworks, and also with regard to the storage of fireworks,
and generally with regard to any matters which the governor-in-council
may deem expedient for the better carrying out of this ordinance.
(2) such rules shall not come inot force until published in the gazette.
17(1) whenever there occurs any accident by explosion or by
fire in or about or in connexion with any premises licensed under this
ordinance, the occupier of such premises shall fortherwith send or cause
to be sent notice of such accident, and of the loss of life or personal
injury, if any, occasioned thereby, to the captain superintendent of
police.
(2) every such occupier as aforesaid who fails to comply with this
section shall be liable to a penalty not exceeding $200
and, in default of payment of such penalty, to imprisonment, with
or without hard labour, for any term not exceeding 3 months.
miscellaneous provisions.
18 every person who contravenes any of the undermentioned
sections of this ordinance, or any of the rules made under this ordinance,
shall be deemed guilty of an offence and shall, on summary conviction
before a magistrate, be liable to the following penalties:-
(1) for an offence against any of section 3, 4, and 6, a penalty not exceeding $100 for every day during which the
unlawful manufacture is carried on, and, in default of payment of
such penalty, to imprisonment, with or without hard labour, for
any term not exceeding 1 year, and, if the magistrate thinks fit,
forfeiture of all or any part of the gunpowder or ingredients
thereof, or of the fireworks or ingredients thereof, which may be
found in or about the place where such unlawful manufacture is
being carried on or in the possession or under the control of any
person convicted under any of the said sections; and
(2) for an offence against any of sections 10, 11, and 12, or of any
rule made thereunder, a penalty not exceeding $100
and, in default of payment of such penalty, to imprisonment, with
or without hard labour, for any term not exceeding 2 months,
and all or any part of the gunpowder or fireworks hawked, sold, or
exposed for sale in contravention of any of the provisions of any
of the last-mentioned 3 sections, or found in the possession of a
person convicted under any of the said sections, may be forfeited.
19(1) every person who enters without permission or otherwise
trepasses upon any factory, or the land immediately adjoining thereto
which is occupied by the occupier of such factory, shall for every such
offence, if not otherwise punishable, be liable to a penalty not exceeding
$50 and, in default of payment of such penalty, to imprisonment, with
or without hard labour, for any term not exceeding 1 month,
and may be forthwith removed from such factory or land by any police
officer or constable or by the occupier of such factory or any agent or
servant of or other person authorized by such occupier.
(2) every person, other than the occupier of or person employed in
or about any such factory, who is found committing any act which tends
to cause explosion or fire in or about such factory shall be liable to a
penalty not exceeding $500 and, in default of payment of such penalty,
to imprisonment, with or without hard labour, for any term not exceeding 6 months.
(3) the occupier of any such factory shall post up on some conspicuous place or
places a notice or notices warning all persons of their
liability to penalties under this section; but the absence of any such
notice or notices shall not exempt a person from a penalty udner this
section.
20 any person who is found committing any act for which he is
liable to a penalty under this ordinance, and which tends to cause
explosion or fire in or about any factory, may be apprehened without
a warrant by any police officer or constable or by the occupier, or the
agent or servant of or other person authorized by the occupier, of such factory, and be removed from the place at which he is arrested and
conveyed as soon as conveniently may be before a magistrate.
21(1) whenever it is made to appear to a magistrate that there is
reasonable cause to suspect that any offence is being committed against
this ordinance, the magistrate may, by warrant under his hand, direct
any police oficer or constable to enter, at any time, any building,
premises, or place, with such assistance and using such force as may be
necessary, and to search the same and ascertain whether any such offence
has been or is being committed.
(2) if any gunpowder, ingredient of gunpowder, fireworks, or other
thing is or are found, with regard to which there is reason to believe
that any offence against this ordinance has been or is being committed,
such officer or constable may cuase the same to be conveyed before the
magistrate or placed in safe keeping, and may also apprehend any
person so offending against this ordinance or reasonably susected of so
offending, and the magistrate may also, if he thinks fit, order all or any
part of such gunpowder, ingredient of gunpowder, fireworks, or thing
to be forfeited.
22 every licence issued under this ordinance must be renewed
annually.
23 this ordiance shall not apply to government, military, or
naval stores.
A.D. 1901. Ordinance No. 20 of 1901. Short title. Interpretation of terms. 38 & 39 Vict.c. 17 s. 108. Ib. Prohibition of manufacture of gunpowder within prescribed limits. Prohibition of manufacture of gunpowder outside prescribed limits without licence. Application for licence for factory, etc. Ib.s.6. Prohibition of manufacture of fireworks without licence. Amendment of licence. Cancellation of licence. Regulation of factories for gunpowder and for fireworks. 38 & 39 Vict.c. 17 s. 9. Prohibition of sale of gunpowder in highway, etc. Ib.s.30. Sale of gunpowder to be in closed case, etc., labelled. 38 & 39 Vict.c. 17 s. 32. Fireworks for sale to be place under cover. General rules as to packing of gunpowder for conveyance. Ib.s.33. Appointment of Government Inspectors. 38 & 39 Vict.c. 17 s. 53. Powers of Government Inspector. Ib.s.55. Making of rules relating to manufacture of gunpowder and fireworks, etc. Notification of accident by explosion or fire. 38 & 39 Vict.c. 17 s. 63. Penalties for certain specified offences. Trepass on factory, etc. 38 & 39 Vict.c. 17 s. 77. Apprehension without warrant of person committing dangerous offence. Ib.s.78. Issue of and proceedings under search warrant. Renewal of licence. Exemption of Government, etc., stores.
Abstract
A.D. 1901. Ordinance No. 20 of 1901. Short title. Interpretation of terms. 38 & 39 Vict.c. 17 s. 108. Ib. Prohibition of manufacture of gunpowder within prescribed limits. Prohibition of manufacture of gunpowder outside prescribed limits without licence. Application for licence for factory, etc. Ib.s.6. Prohibition of manufacture of fireworks without licence. Amendment of licence. Cancellation of licence. Regulation of factories for gunpowder and for fireworks. 38 & 39 Vict.c. 17 s. 9. Prohibition of sale of gunpowder in highway, etc. Ib.s.30. Sale of gunpowder to be in closed case, etc., labelled. 38 & 39 Vict.c. 17 s. 32. Fireworks for sale to be place under cover. General rules as to packing of gunpowder for conveyance. Ib.s.33. Appointment of Government Inspectors. 38 & 39 Vict.c. 17 s. 53. Powers of Government Inspector. Ib.s.55. Making of rules relating to manufacture of gunpowder and fireworks, etc. Notification of accident by explosion or fire. 38 & 39 Vict.c. 17 s. 63. Penalties for certain specified offences. Trepass on factory, etc. 38 & 39 Vict.c. 17 s. 77. Apprehension without warrant of person committing dangerous offence. Ib.s.78. Issue of and proceedings under search warrant. Renewal of licence. Exemption of Government, etc., stores.
Identifier
https://oelawhk.lib.hku.hk/items/show/751
Edition
1901
Volume
v2
Subsequent Cap No.
295
Cap / Ordinance No.
No. 14 of 1901
Number of Pages
9
Files
Collection
Historical Laws of Hong Kong Online
Citation
“GUNPOWDER AND FIREWORKS ORDINANCE, 1901,” Historical Laws of Hong Kong Online, accessed November 15, 2024, https://oelawhk.lib.hku.hk/items/show/751.
