Dangerous Goods (Consignment By Air) (Safety) Ordinance


Published: 1997-06-30

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Cap 384 - DANGEROUS GOODS (CONSIGNMENT BY AIR) (SAFETY) ORDINANCE 1

Chapter: 384 DANGEROUS GOODS (CONSIGNMENT BY AIR)
(SAFETY) ORDINANCE

Gazette Number Version Date


Long title 30/06/1997


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.

(Enacted 1985)


[9 September 1985] L.N. 267 of 1985

(Originally 38 of 1985)

Section: 1 Short title 30/06/1997


This Ordinance may be cited as the Dangerous Goods (Consignment by Air) (Safety) Ordinance.
(Enacted 1985)


Section: 2 Interpretation L.N. 326 of 2000 01/01/2001


In this Ordinance, unless the context otherwise requires-
"Annex" (附件) means Annex 18 to the Convention on International Civil Aviation which, on 7 December 1944, was

opened for signature at the International Civil Aviation Conference held at Chicago; (Amended 36 of 1999 s. 3)
"dangerous goods" (危險品) means any article or substance which is listed in the Technical 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; (Amended 52 of 1985 s. 2)

"Director" (處長) means the Director-General of Civil Aviation; (Amended L.N. 326 of 2000)
"domestic premises" (住宅處所) means premises used solely or principally for the purposes of a dwelling;
"package" (包裹) 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" (包裝用品) 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" (包裝) means the art and operation whereby articles and substances are wrapped up, enclosed in a
receptacle or otherwise secured;

"Technical Instructions" (技術指令) 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.

(Enacted 1985)

Section: 3 Regulations concerning dangerous goods 36 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 36 of 1999 s. 3


(1) The Chief Executive in Council may make regulations- (Amended 36 of 1999 s. 3)
(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;

(b) empowering the Chief Executive to exempt any person, dangerous goods or packaging or any class or
category of persons, dangerous goods or packaging from the regulations; (Amended 36 of 1999 s. 3)



Cap 384 - DANGEROUS GOODS (CONSIGNMENT BY AIR) (SAFETY) ORDINANCE 2

(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 $500000 and imprisonment for 2 years.
(Amended 52 of 1985 s. 2)

(Enacted 1985)

Section: 4 Powers of entry, inspection and seizure 30/06/1997


(1) The Director or any officer of the Civil Aviation Department authorized in writing by him in that behalf
(hereinafter referred to as an "authorized 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 connection
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 or other document in any such
place or premises relating to any matter referred to in paragraph (a); (Amended 52 of 1985 s. 2)

(c) require the occupier of any place or premises which he is entitled under this subsection to enter, or a
person employed by the occupier therein, to give him samples of any article or substance therein;
(Amended 52 of 1985 s. 2)

(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;

(f) 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.
(1A) Where a person is convicted of an offence under this Ordinance in relation to anything seized, removed or

detained under subsection (1)(h), he is liable to the Government for its reasonable expenses incurred in the seizure,
removal and detention; and those expenses are recoverable as a civil debt. (Added 56 of 1988 s. 2)

(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.

(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 $20000 and to imprisonment for 6 months.



Cap 384 - DANGEROUS GOODS (CONSIGNMENT BY AIR) (SAFETY) ORDINANCE 3

(Enacted 1985)

Section: 5 Liability of directors, etc. where offence committed by

company
30/06/1997



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.

(Enacted 1985)

Section: 6 Forfeiture 30/06/1997


A magistrate may order he 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.

(Enacted 1985)

Section: 7 Saving for other enactments 30/06/1997


(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 (Cap 295), 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 (Cap 295) 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.

(Enacted 1985)

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