1961-HKRS28-8-28_Part01 — Page 12

Amendment

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or heavy particles) being electromagnetic radiation or corpuscular radiation capable of producing ions and emitted from a radioactive substance or from a machine that is intended to produce ionising radiations, or from a machine in which electrons are accelerated by a voltage of not less than five kilovolts (that is to say, 5,000 volts);":

(b) by the deletion of the definition “irradiating apparatus” and

the substitution therefor of the following definition-

"irradiating apparatus" means any apparatus, other than a television set, which is capable of producing or emitting ionising radiation;":

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(c) by the deletion of the definition "radioactive substance" and

the substitution therefor of the following definition-

"radioactive substance" means any substance which consists of or contains any radioactive chemical element whether natural or artificial and whose specific activity exceeds 0.002 of a microcurie of parent radioactive chemical element per gramme of substance;".

3.

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Section 5 of the principal Ordinance is amended by the of section 5. deletion of the words "advisory or technical committees" and the sub-

stitution therefor of the following-

Addition of

new sections 14A and 148.

"advisory, technical or medical committees”.

4. The principal Ordinance is amended by the addition after section 14 of the following new sections-

**Recom- mendations

for protection from radiation hazards.

14A. (1) The Board may from time to time issue free of charge in such manner as it thinks fit recom- mendations for protection from radiation bazards for the guidance of licensees and persons engaged in radiation work.

(2) Failure on the part of any person to observe the provisions of any such recommendations shall not of itself render that person liable to criminal proceedings of any kind, but any such failure may in any proceedings under this Ordinance be relied upon by any party to the proceed- ings as tending to establish or to negative any liability which is in question in those proceedings.

Power to

148. (1) The Board may grant, subject to such exempt from

conditions or restrictions as it may consider expedient, provisions of Ordinance or exemption from any of the provisions of this Ordinance or regulations.

of any regulations made thereunder to any specified person, group or class of persons where, having regard to the public interest to be served and the degree of risk, if any, to

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human health involved by the granting of such exemption, the Board is of opinion that it is expedient and safe so to do.

(2) A notice in writing signed by the Chairman of the Board of any exemption granted in accordance with sub- section (1) shall be issued to the person, group or class of persons to which such exemption applies:

Provided that in the case of a group or class of persons such notice may be issued by means of a notification in the Gazette.",

of new

section IIA.

The Principal Ordinance is amended by the addition after Addition section 21 of the following new section-- "Liability of directors, etc. where offence committed

by company.

21A. Where a person by whom an offence under this Ordinance has been committed is a company, every director and every officer concerned in the management of the com- pany shall be guilty of the like offence unless he proves that the act constituting the offence took place without his knowledge or consent.”,

Passed the Legislative Council of Hong Kong, this 18th day of January, 1961.

Erthage and

Deputy Clerk of Councils.

(Secretariat CR1/3916/52)