TNAG-1367-FCO40-1813-Hong-Kong-Legislative-Council-(Powers-and-Privileges)-Bill-1-1985 — Page 42

A 158

Ord. No. 38/85

Short title and commencement.

Interpretation.

Regulations concerning

dangerous goods.

DANGEROUS GOODS (CONSIGNMENT BY AIR)

L.S.

(SAFETY)

HONG KONG

No. 38 OF 1985

I assent.

Edward YOUDE, Governor.

27 June 1985

An Ordinance to control, in the interests of safety, the preparation, packing, marking, labelling and offering of dangerous goods for carriage by air, and for matters connected therewith."

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Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.

1.

This Ordinance may be cited as the Dangerous Goods (Consignment by Air) (Safety) Ordinance 1985 and shall come into operation on a day to be appointed by the Governor by notice in the Gazette.

2. In this Ordinance, unless the context otherwise requires- "Annex" means Annex 18 to the Convention on International Civil Aviation signed on behalf of the Government of the United Kingdom in Chicago on 7 December 1944; "dangerous goods" means any article or substance which is listed in the Technicial Instructions and any article or substance not so listed by name but having properties corresponding to those of one of the general classifications of articles and substances in the Technical Instructions;

"Director" means the Director of Civil Aviation;

"domestic premises" means premises used solely or principally for the purposes of a

dwelling;

"package" means the packaging and the articles and substances contained therein including one or more packages placed or arranged within one container or enclosure for convenience in handling;

"packaging" means any receptacle made for the purpose of complying with the minimum packing requirements of the Technical Instructions and any other component or material necessary for the receptacle to perform its containment function;

"packing" means the art and operation whereby articles and substances are wrapped

up, enclosed in a receptacle or otherwise secured;

"Technical Instructions" means the Technical Instructions for the Safe Transport of Dangerous Goods by Air approved and published by decision of the Council of the International Civil Aviation Organization pursuant to the Annex.

3. (1) The Governor in Council may make regulations—

(a) for giving effect to and carrying out the Annex and any edition of the Technical Instructions specified in the regulations, in so far as they relate to the duties and obligations of any person with respect to the preparation, packing, marking, labelling and offering of dangerous goods for carriage by air and the packaging and documentation for such goods;

DANGEROUS GOODS (CONSIGNMENT BY AIR)

Ord. No. 38/85

A159

(SAFETY)

(b) empowering the Governor to exempt any person, dangerous goods or packaging or any class or category of persons, dangerous goods or packag- ing from the regulations;

(c) empowering the Director-

(i) to exempt any person, dangerous goods or packaging from the regulations;

(ii) to give directions in relation to such matters as may be specified in the regulations; and

(iii) to amend any Schedule to the regulations; and

(d) generally for the better carrying into effect of the provisions and purposes of

this Ordinance.

(2) Regulations made under this section may provide that a contravention of any specified provision thereof is an offence and may prescribe a penalty therefor not exceeding a fine of $50,000 and imprisonment for 2 years.

seizure.

4. (1) The Director or any officer of the Civil Aviation Department author- Powers of entry, ized in writing by him in that behalf (hereinafter referred to as an "authorized inspection and officer") may for the purposes of this Ordinance without a warrant but upon production of his authority (if requested to do so)—

(a) enter, inspect and examine at any reasonable time any place or premises, other than domestic premises, in which he has reason to believe that dangerous goods intended for carriage by air are made, stored or used, or are prepared, processed, packed or handled, or in which any other thing is done in connexion with the preparation or packing of dangerous goods for carriage by air or with the packaging thereof, and may inspect any activity in any such place or premises and make enquiries for the purposes of securing compliance with this Ordinance, or any matter related thereto;

(b) require the production of, inspect, examine or take copies of any record of other document in any such place or premises relating to any matter referred to in paragraph (a);

(c) require the occupier of any place or premises which he is entitled under this subjsection to enter, or a person employed by the occupier therein, to give him samples of any article or substance therein;

(d) enter and search any place or premises, other than domestic premises, in which he has reasonable grounds for suspecting that there may be anything which, under paragraph (h), is liable to seizure;

(e) stop, board and search any vessel, vehicle or aircraft in which he has reasonable grounds for suspecting that there may be anything which, under paragraph (h), is liable to seizure;

(ƒ) inspect, open and examine any consignment of dangerous goods, packaging

or package;

(g) require any person to give information as to the source from which any dangerous goods were obtained, or as to the making, packing, marking or labelling of such goods or of any packaging, or as to the use or destination of such goods; and

(h) seize, remove and detain—

(i) anything with respect to which he has reasonable grounds for suspecting that any offence under this Ordinance has been committed; or

(ii) any other thing which may appear to him likely to be, or to contain, evidence of any such offence.

(2) The Director or an authorized officer may detain any vessel, vehicle or aircraft which he is empowered under subsection (1) to stop, board and search, and may prevent any person from approaching or boarding such vessel, vehicle or aircraft until the vessel, vehicle or aircraft has been searched.