C
A 160
Liability of directors, etc. where offence committed by company.
Forfeiture.
Saving for other
enactments.
(Cap. 295.)
Ord. No. 38/85 DANGEROUS GOODS (CONSIGNMENT BY AIR)
(SAFETY)
(3) A magistrate may, if he is satisfied by information on oath that there may be found in any domestic premises any evidence of an offence under this Ordinance, issue a warrant authorizing the Director or an authorized officer to enter and search the domestic premises at any reasonable time and to exercise such of the powers under subsection (1) as are specified in the warrant.
(4) Any person who—
(a) obstructs or delays the Director or an authorized officer in the exercise of
any of the powers conferred upon him by or under this section; or
(b) when required to give information under subsection (1)(g), wilfully or
recklessly gives false information or withholds such information, commits an offence and is liable to a fine of $20,000 and to imprisonment for 6 months.
5. Where a person by whom an offence under this Ordinance is committed is a company, every director and every officer concerned in the management of the company may be convicted of the like offence unless he proves to the satisfaction of the court or magistrate that-
(a) the act or omission constituting the offence occurred without his knowledge
or consent; and
(b) he exercised all such reasonable supervision and reasonable diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.
6. A magistrate may order the forfeiture of any dangerous goods and any packaging for dangerous goods in respect of which an offence under this Ordinance has been committed, whether or not any person has been charged with the offence.
7. (1) Subject to subsection (2), the provisions of this Ordinance shall be in addition to and not in derogation of the provisions of any other enactment relating to dangerous goods.
(2) Notwithstanding anything in the Dangerous Goods Ordinance, where dangerous goods intended for carriage by air are properly packed, and the packaging thereof is properly marked and labelled, in accordance with this Ordinance, the goods and packaging shall be deemed to comply with the requirements of the Dangerous Goods Ordinance with respect to the packing, marking and labelling of such goods for the purpose of conveyance by vehicle or vessel to or from any aerodrome.
Passed by the Hong Kong Legislative Council this 26th day of June 1985.
LI Wing,
Clerk to the Legislative Council.
This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.
!!
}
i
LI Wing,
Clerk to the Legislative Council.