GUNPOWDER AND FIREWORKS ORDINANCE, 1901

GUNPOWDER AND FIREWORKS ORDINANCE, 1901

No. 14 of 1901.

To consolidate and amend the laws relating to the manufacture
of Gunpowder and Fireworks, and to regulate the sale and
conveyance of Gunpowder. [15th October, 1901.]
1. The Gunpowder and Fireworks Ordinance, 1901.

2. In this Ordinance-
---' Gunpowder ' means the coninion or black variety and includes
nitro-compound explosives :
---Fireworks--- mean what is usually understood by the term
fireworks and include Chinese crackers :

---Occupier--- includes any number of persons and a body cor-
porate, and, in the case of any manufacture, includes any person
carrying on such manufacture
---Factory magazine---means a building for keeping the gun-
powder or such manufacture:

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 the Colony as may be
prescribed by rules made by the Governor-in-Council.

4.-(1) Outside such limits or parts no person shall manfacture
or cause to be manufactured in this Colony any gunpowder, except
at a factory established on the site and in the wanner specified in
a licence for the same granted under this Ordinance.
(2) The fee for any such licence shall be 25 dollars per annum
payable in advance.

5.-(1) An applicant for a licence under the last section shall, if
required to do so, submit for the approval of the Governor a state-

Aa amended by No. 60 of 1911 and No. 1 of 1912.





ment 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 included in, the expression ---the licence)
(2) The draft licence shall contain the terins which the applicant
proposes 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 at which is to be kept clear.
and the buildings and works from which it is to be kept elear, or the
distances to be maintained between the factory or any 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 thereof, and the place at which each process of le
-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 danger-
ous, 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
pro cess, 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 estallishment 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 under this
Ordinance.

(2) The Captain Superintendent of Police 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 niantifacture fireworks shall
specify the proposed site and construction of the factory, and the
amount of ingredients which he proposes to store in connexion with
the factory, and the maximuni nurober of persons to be employed
in each building in the factory.

(4) The fee for any such licence shall be 10 dollars per annum
payable in advance.

7. The Governor may at any-tinie aniend any such licence or any
of the terms thereof.

8. Any licence issued under this Ordinance may be cancelled at
any time by the Governor-in-Cotinell for any cause which the
Governor-in-Council thinks fit; in the event of any such cancella-
tion, neither the licence fee nor any portion thereof shall be return-
ed, unless the Governor-in-Council so directs.

9.-(1) In everv 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 manu-
facture or keeping, or any process in or work connected with thp
manufacture or keeping, of gunpowder or fireworks shall not be
carried on except in accordance with those terms; and
(c) the factory and every part 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 enlarg-
ing or adding to any building, or by altering any mound otherwise
than by enlargement, or by making any new work, shall not be
made except in pursuance of an amending licence.

1

As amended by No. 15 of 1909.
As amended by No. 1 of 1912 and No. 2 of 1912.
As amended by 2No. 30 of 1911, No. 1 of 1912 and No. 21 of 1912.





(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 ingredient 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 suminary conviction, be liable to a fine
not exceeding, in the case of the first offence, 500 dollars, and, in
the case of a second or anly subsequent offence, 1.000 dollars, and
in addition 500 dollars for every clay din.ing whicb such breach con-
tinues, and in default of payment of such fine in the case of the
first offence, to imprisonment, for any term not exceeding 6 months
and, in the case of a second or any subsequent offence, to imprison-
ment 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 publicy
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 gun-
powder shall have affixed the word ---Gunpowder,- in English or
other European language and Chinese, in conspicuous characters by
means of a brand or securely attached label or other mark.

12. Fireworks kept or exposed for sale on any prernises 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 aniount, shall be
contained in a substantial case, canister, or other receptacle made
and closed so as to prevent 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

As amended by No. 8 of 1912.
As amended by No. 50 of 1911, No. 1 of 1912, No. 2 of 1912 and
No 8 011191%





package shall be a box, barrel, or case of such strengthp construc-
tion, 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 a substantial case,
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 case of wood or metal or other solid material, and shall be
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;
(c) the interior of every package, whether single or double, shall
be kept free from grit 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 tin, zinc, or other material;
(f) the amount of the 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 and Chinese, 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 rule
in this section, the gunpowder in respect of which the breach is
committed may be forfeited, and the person guilty of such breach
shall further be liable to a penalty not exceeding 200 dollars.
(3) The Governor-in-Council may make rules for the purpose of
rescinding, altering, or adding to the general rules contained in this
section.

Government Supervision.
14.-(1) The Governor may appoint any fit persons to be inspec-
tors for the purposes of this Ordinance, and any such inspector is
referred to in this Ordinance as a Government Inspector.

4s imerided by No 50 of 1911.





(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 gun-
powder 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 public 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 fire-
works, or of any ingredients thereof, or of any substance therein.
(2) The occupier of every such factory, his agents and servants,
shall furnish the means required by the Inspector as necessary for
every such entry, inspection, examination, and inquiry.
(3) Any person who falls 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, be liable to a fine not exceeding 1,000
dollars for every oflence, and in default of payment, to imprison-
ment for any term not exceeding one year.

16. It shall be lawful for the Governor-in-Council to make such
rules as he day deem expedient with regard to the mantilacture of
gunpowder and fireworks and the sate and conveyance thereof, and
with regard to 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.

As ameffded by No. 80 of 1911, No. 1 of 1912 and No. 21 of 1912
As amended by No. 60 of 1911 and No. 1 of 1012.





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 forthwith send
or cause to be sent notice of such accident, and of the loss of life
or personal injuly, if any, occasioned thereby, to the Captain
Superinten dent of Police.

(2) Every such occupier as aforesaid who fails to comply with this
section shall be liable to a fine not exceeding 200 dollars.

Miscellaneous Provisions.
18. Every person who contravenes any of the undermentioned
sections of this Ordinance, or any of the rules made under this Ordi-
nance, shall be deemed guilty of an offence and shall, on summary
conviction, be liable to the following penalties:-

(1) sections 3, 4, and 6,-a fine not exceeding 1,000 dollars for
every day during which the unlawful manufacture is carried on,
and, in default of payment, to imprisonment for any term not
exceeding one year, and further if the Magistrate thinks fit, for-
feiture of all or any part of the gunpowder or ingredients thereof,
or of the fireworks or inuredients thereof, which mav 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;
(2) sections 10, 11, and 12,---or of any rule made thereunder, a
fine not exceeding 100 dollars, and, further, all or any part of the
gunpowder or fireworks hawked, soid, or exposed for sale or found
in the possession of a person convicted under any of the said sections
or rules, may be forfeited.

19.-(1) Every person who enters without permission or other-
wise trespasses upon any factory, or the land immediately adjoining
thereto which is occupied by the occupier of such faitory, shall for
every such offence, if not otherwise punishable, be liable, on sum-
mary conviction, to a fine not exceeding 50 dollars, and way be
forthwith removed from such factory or land by any officer of police
or by the occupier of such factory or any agent or servant of or other
person authorised by such occupier.

As amended by No. 30 of 1911 and No 1 of 1912.
As amended by No. 30 of 1911, No. 1 of 1912, No. 2 of 1912 and
No. 21 of 1912.
Asamended by No 80 of 1911, No. 51 of 1911, No. 1 of 1912,
No. 2 of 1912 and No, 48 of 1912 Supp. SQhed.





(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, on summary conviction, to a fine not exceeding 500
dollars.

(3) The occupier of any such factory shall post up on some con-
spicuous 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 froin a penalty
under 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 apprehended with-
out a warrant by any officer of police or by the occupier, or the
agent or servant of or other person authorised 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.

2L-(1) Whenever it is made to appear to a Magistrate that
there is reasonable cause to suspect that any offence is being com-
mitted against this Ordinance, the Magistrate may, by warrant
under his hand, direct any officer of police 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 aseer-
tain whether any such offence has been or is being cmmitted.

(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 may cause the same to be conveyed before
the Magistraie or placed in sate keeping, and may also apprehend
any person so offending or reasonably suspected 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 Ordinance shall not apply to Government, military, or
naval stores.

As arnanded by No. 51 of 1911.
As amended by JJ0. 51 of 1911 and No. 1 of 1912.
Short title. Interpretation of terms. [38 & 39 Vict.c.17 s.108.] Prohibition of manufacture of gunpowder within prescribed limits. Licence for manufacture of gunpowder outside limits. Application for licence for factory,etc.[ib.s.6.] Prohibition of manufacture of fire-works without licence. Amendment of licence. Cancellation of licence. Regulation of factories for gunpowder and for fire-works.[38 & 39 Vict.c.17 s.9.] Street sales forbidden.[38 & 39 Vict.c.17 s.30.] Sale of gunpowder to be in closed case,etc.,labelled.[ib.s.32.] Fireworks for sale to be placed 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.[38 & 39 Vict.c.17 s.55.] Rules relating to manufacture of gunpowder and fireworks,etc. Notification of accident by explosion or fire.[38 & 39 Vict.s.17 c.63.] Penalties. Trespass on factory,etc.[ib.s.77.] Apprehension without warrant of person committing dangerous offence.[38 & 39 Vict.c.17 s.78.] Issue of and proceedings under search warrant. Renewal of licence. Exemption of Government,etc.,stores.

Short title. Interpretation of terms. [38 & 39 Vict.c.17 s.108.] Prohibition of manufacture of gunpowder within prescribed limits. Licence for manufacture of gunpowder outside limits. Application for licence for factory,etc.[ib.s.6.] Prohibition of manufacture of fire-works without licence. Amendment of licence. Cancellation of licence. Regulation of factories for gunpowder and for fire-works.[38 & 39 Vict.c.17 s.9.] Street sales forbidden.[38 & 39 Vict.c.17 s.30.] Sale of gunpowder to be in closed case,etc.,labelled.[ib.s.32.] Fireworks for sale to be placed 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.[38 & 39 Vict.c.17 s.55.] Rules relating to manufacture of gunpowder and fireworks,etc. Notification of accident by explosion or fire.[38 & 39 Vict.s.17 c.63.] Penalties. Trespass on factory,etc.[ib.s.77.] Apprehension without warrant of person committing dangerous offence.[38 & 39 Vict.c.17 s.78.] Issue of and proceedings under search warrant. Renewal of licence. Exemption of Government,etc.,stores.

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