XN000022-1985-06-12 — Page 37

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WEDNESDAY, JUNE 12, 1985

+THEY ARE ALSO REQUIRED TO ESTABLISH INSPECTION, SURVEILLANCE AND ENFORCEMENT PROCEDURES TO ENSURE THAT THOSE INVOLVED WITH THE SHIPMENT OF DANGEROUS GOODS BY AIR COMPLY WITH SUCH LEGISLATION,+ HE SAID.

INDEED, HE ADDED, ICAO SET JANUARY 1, 1984 AS THE TARGET DATE FOR FULL COMPLIANCE WITH ANNEX 18 AND TECHNICAL INSTRUCTIONS.

HONG KONG, MR JACOBS SAID, WAS A PARTY TO THE CONVENTION THROUGH ITS APPLICATION TO BRITISH DEPENDENT TERRITORIES BY HMG.

+BUT, EVEN IF IT WERE NOT, IT IS HIGHLY DESIRABLE THAT HONG KONG SHOULD APPLY INTERNATIONALLY RECOGNISED STANDARDS FOR THE SAFE CARRIAGE OF DANGEROUS GOODS BY AIR.+

HE SAID THAT THE PRESENT SYSTEM OF REGULATION AND SUPERVISION OF THE TRANSPORTATION OF DANGEROUS GOODS BY AIRLINE OPERATORS, ENFORCED UNDER ARTICLE 41 OF THE AIR NAVIGATION (OVERSEAS TERRITORIES) ORDER 1977, WAS IN COMPLIANCE WITH ICAO STANDARDS AND REQUIREMENTS.

HOWEVER, IT FELL SHORT OF FULL COMPLIANCE WITH ANNEX 18 AND THE TECHNICAL INSTRUCTIONS IN THAT, AT PRESENT, THERE WAS NO LEGISLATION TO CONTROL THE PREPARATION, PACKING, LABELLING, MARKING OR OFFERING OF DANGEROUS GOODS FOR CARRIAGE BY AIR.

THE BILL PROVIDED THAT THE GOVERNOR IN COUNCIL MIGHT MAKE REGULATIONS AIMED AT SECURING COMPLIANCE WITH ANNEX 18 AND THE TECHNICAL INSTRUCTIONS BY SHIPPERS, FREIGHT FORWARDERS AND OTHERS, SUBJECT TO EXPRESS EXEMPTIONS, HE POINTED OUT.

IT ALSO PERMITTED THE DIRECTOR OF CIVIL AVIATION OR ANY OFFICER AUTHORISED IN WRITING BY HIM TO ENTER PREMISES FOR THE PURPOSES OF INSPECTING AND SEARCHING PREMISES, AND SEIZING DANGEROUS GOODS, AND TO DETAIN VESSELS, VEHICLES OR AIRCRAFT FOR PURPOSES OF SEARCH.

LASTLY, MR JACOBS SAID, THE BILL PROVIDED FOR THE LIABILITY OF COMPANY DIRECTORS AND MANAGEMENT WHERE ANY OFFENCE UNDER THE ORDINANCE WAS COMMITTED BY A COMPANY; AND CLAUSE 6 EMPOWERED A MAGISTRATE TO ORDER THE FORFEITURE OF ANY DANGEROUS GOODS IN RESPECT OF WHICH AN OFFENCE HAD BEEN COMMITTED, WHETHER OR NOT ANY PERSON HAD BEEN CHARGED WITH THE OFFENCE.

IT IS PROPOSED THAT THE BILL, IF PASSED AND ENACTED, IS TO COME INTO OPERATION ON AUGUST 1, 1985 TOGETHER WITH REGULATIONS TO BE MADE UNDER ITS PROVISIONS BY THE GOVERNOR IN COUNCIL.

THE PROPOSALS REFLECTED IN THE BILL HAD BEEN DRAWN UP IN CONSULTATION WITH, AND WERE SUPPORTED BY THE DANGEROUS GOODS STANDING COMMITTEE AND THE HONG KONG SHIPPERS COUNCIL, MR JACOBS SAID.

DEBATE ON THE BILL WAS ADJOURNED.

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