1964_DANGEROUS_GOODS_ORDINANCE — Page 11

HK Historical Laws 香港歷史法例 All AI Reviewed

CAP. 295]

Dangerous Goods

[1983 Ed.

an offence and may provide penalties therefor, but no penalty so provided shall exceed a fine of $25,000 and imprisonment for 6 months.

{Part III added, 9 of 1971, s. 7)

PART IV

GENERAL

(Added, 9 of 1971, s. 8)

Offences and penalties.

Liability of licence holder for offences committed by his employees and agents.

14. (1) Any person who contravenes any of the provisions of section 6, 7, 8 or 10 shall be guilty of an offence and shall be liable to a fine of $8,000 and to imprisonment for 6 months: (Amended, 8 of 1959, s. 3)

Provided that any person accused of having contravened any of the provisions of section 10 shall not be liable to be convicted thereof if he shows, to the satisfaction of the magistrate before whom he is tried, that he did not know the nature of the goods to which the information relates, and that he could not, with reasonable diligence, have obtained such knowledge.

(2) The occupier of any premises who fails to report an accident in contravention of the provisions of section 13 shall be guilty of an offence and shall be liable to a fine of $1,000.

(3) Any person who-

(a) obstructs or delays any officer in the exercise of any of the powers conferred upon him by this Ordinance; or

(b) wilfully or recklessly gives false information or withholds information, as to the source from which any dangerous goods were obtained or as to the manufacture, conveyance, storage, packing, labelling or use of any dangerous goods, (Replaced, 8 of 1964, s. 8)

shall be guilty of an offence and shall be liable to a fine of $2,000 and to imprisonment for 6 months.

15. Whenever it is proved to the satisfaction of any court having jurisdiction that an offence against this Ordinance has been committed by any employee or agent of any person holding a licence issued under this Ordinance, such person shall be held to be liable for such offence and to the penalty provided therefor, unless he proves that the offence was committed without his knowledge or consent and that he had exercised all due diligence to prevent the commission of the offence:

Provided that-

(a) no such person shall be sentenced to imprisonment (except in default of payment of a fine) for any offence under this section; and

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CAP. 295] Dangerous Goods [1983 Ed. an offence and may provide penalties therefor, but no penalty so provided shall exceed a fine of $25,000 and imprisonment for 6 months. {Part III added, 9 of 1971, s. 7) PART IV GENERAL (Added, 9 of 1971, s. 8) Offences and penalties. Liability of licence holder for offences committed by his employees and agents. 14. (1) Any person who contravenes any of the provisions of section 6, 7, 8 or 10 shall be guilty of an offence and shall be liable to a fine of $8,000 and to imprisonment for 6 months: (Amended, 8 of 1959, s. 3) Provided that any person accused of having contravened any of the provisions of section 10 shall not be liable to be convicted thereof if he shows, to the satisfaction of the magistrate before whom he is tried, that he did not know the nature of the goods to which the information relates, and that he could not, with reasonable diligence, have obtained such knowledge. (2) The occupier of any premises who fails to report an accident in contravention of the provisions of section 13 shall be guilty of an offence and shall be liable to a fine of $1,000. (3) Any person who- (a) obstructs or delays any officer in the exercise of any of the powers conferred upon him by this Ordinance; or (b) wilfully or recklessly gives false information or withholds information, as to the source from which any dangerous goods were obtained or as to the manufacture, conveyance, storage, packing, labelling or use of any dangerous goods, (Replaced, 8 of 1964, s. 8) shall be guilty of an offence and shall be liable to a fine of $2,000 and to imprisonment for 6 months. 15. Whenever it is proved to the satisfaction of any court having jurisdiction that an offence against this Ordinance has been committed by any employee or agent of any person holding a licence issued under this Ordinance, such person shall be held to be liable for such offence and to the penalty provided therefor, unless he proves that the offence was committed without his knowledge or consent and that he had exercised all due diligence to prevent the commission of the offence: Provided that- (a) no such person shall be sentenced to imprisonment (except in default of payment of a fine) for any offence under this section; and
Baseline (Original)
10 CAP. 295] Dangerous Goods [1983 Ed. an offence and may provide penalties therefor, but no penalty so provided shall exceed a fine of $8,000- and imprisonment for $25,000 LITY/84 6 months. {Part III added, 9 of 1971, s. 7) PART IV GENERAL (Added, 9 of 1971, s. 8) Offences and penalties. LIVITY A .. Liability of licence holder for offences committed by his employees and agents. 14. (1) Any person who contravenes any of the provisions of section 6, 7, 8 or 10 shall be guilty of an offence and shall be liable to a fine of $8,000 and to imprisonment for 6 months: (Amended, 8 of 1959, s. 25,000 Provided that any person accused of having contravened any of the provisions of section 10 shall not be liable to be convicted thereof if he shows, to the satisfaction of the magistrate before whom he is tried, that he did not know the nature of the goods to which the in- formation relates, and that he could not, with reasonable diligence, have obtained such knowledge. (2) The occupier of any premises who fails to report an accident in contravention of the provisions of section 13 shall be guilty of an offence and shall be liable to a fine of $1,000. (3) Any person who- $1,000 (a) obstructs or delays any officer in the exercise of any of the powers conferred upon him by this Ordinance; or (b) wilfully or recklessly gives false information or withholds information, as to the source from which any dangerous goods were obtained or as to the manufacture, convey- ance, storage, packing, labelling or use of any dangerous goods, (Replaced, 8 of 1964, s. 8) shall be guilty of an offence and shall be liable to a fine of $2,000 and to imprisonment for 6 months. $20,000 15. Whenever it is proved to the satisfaction of any court having jurisdiction that an offence against this Ordinance has been committed by any employee or agent of any person holding a licence issued under this Ordinance, such person shall be held to be liable for such offence and to the penalty provided therefor, unless he proves that the offence was committed without his knowledge or consent and that he had exercised all due diligence to prevent the commission of the offence: Provided that- (a) no such person shall be sentenced to imprisonment (except in default of payment of a fine) for any offence under this section; and
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10

CAP. 295]

Dangerous Goods

[1983 Ed.

an offence and may provide penalties therefor, but no penalty so provided shall exceed a fine of $8,000- and imprisonment for

$25,000

LITY/84 6 months.

{Part III added, 9 of 1971, s. 7)

PART IV

GENERAL

(Added, 9 of 1971, s. 8)

Offences and penalties.

LIVITY A

..

Liability of

licence holder for offences

committed by his employees and agents.

14. (1) Any person who contravenes any of the provisions of section 6, 7, 8 or 10 shall be guilty of an offence and shall be liable to a fine of $8,000 and to imprisonment for 6 months: (Amended, 8 of 1959, s.

25,000

Provided that any person accused of having contravened any of the provisions of section 10 shall not be liable to be convicted thereof if he shows, to the satisfaction of the magistrate before whom he is tried, that he did not know the nature of the goods to which the in- formation relates, and that he could not, with reasonable diligence, have obtained such knowledge.

(2) The occupier of any premises who fails to report an accident in contravention of the provisions of section 13 shall be guilty of an offence and shall be liable to a fine of $1,000.

(3) Any person who-

$1,000

(a) obstructs or delays any officer in the exercise of any of the

powers conferred upon him by this Ordinance; or

(b) wilfully or recklessly gives false information or withholds information, as to the source from which any dangerous goods were obtained or as to the manufacture, convey- ance, storage, packing, labelling or use of any dangerous goods, (Replaced, 8 of 1964, s. 8)

shall be guilty of an offence and shall be liable to a fine of $2,000 and to imprisonment for 6 months.

$20,000

15. Whenever it is proved to the satisfaction of any court having jurisdiction that an offence against this Ordinance has been committed by any employee or agent of any person holding a licence issued under this Ordinance, such person shall be held to be liable for such offence and to the penalty provided therefor, unless he proves that the offence was committed without his knowledge or consent and that he had exercised all due diligence to prevent the commission of the offence:

Provided that-

(a) no such person shall be sentenced to imprisonment (except in default of payment of a fine) for any offence under this section; and

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