Air Pollution Control (Motor Vehicle Fuel) Regulation
(Enacting provision omitted—E.R. 1 of 2023)
[25 June 1994] L.N. 379 of 1994
(Format changes—E.R. 1 of 2023)
(Omitted as spent—E.R. 1 of 2023)
In this Regulation, unless the context otherwise requires—
biodiesel (生化柴油) means a fuel comprising mono-alkyl esters of long chain fatty acids derived from vegetable oils or animal fats; (L.N. 233 of 2009) cetane number (十六烷值) means the cetane number of diesel as determined in accordance with the document published by the European Committee for Standardization commonly known as EN ISO 5165:1998; (L.N. 15 of 2002; L.N. 50 of 2010) ester content (酯含量) means the content of fatty acid methyl ester in a fuel as determined in accordance with—(a)if the fuel is pure motor vehicle biodiesel, the document published by the European Committee for Standardization commonly known as EN 14103:2003; or(b)if the fuel is motor vehicle biodiesel blend, the document published by the European Committee for Standardization commonly known as EN 14078:2003; (L.N. 50 of 2010) fuel additive (燃料添加劑) means any substance, other than fuel, which is designed to be added to the fuel tank, the fuel supply system, or the combustion space of the engine of a motor vehicle; (L.N. 35 of 1999) leaded petrol (含鉛汽油) means any petrol other than unleaded petrol; light diesel oil (輕柴油) has the same meaning as in section 69 of the Dutiable Commodities Ordinance (Cap. 109); motor octane number (馬達法辛烷值) means the motor octane number of petrol as determined in accordance with the document published by the European Committee for Standardization commonly known as EN ISO 5163:2005; (L.N. 15 of 2002; L.N. 50 of 2010) motor vehicle biodiesel (汽車生化柴油) means pure motor vehicle biodiesel or motor vehicle biodiesel blend; (L.N. 233 of 2009) motor vehicle biodiesel blend (汽車生化柴油混合物) means a motor vehicle fuel that must be blended only from pure motor vehicle biodiesel and motor vehicle diesel; (L.N. 233 of 2009) motor vehicle biodiesel dispenser (汽車生化柴油加油機) means an installation used or intended to be used for dispensing motor vehicle biodiesel into the fuel tank of a motor vehicle (whether or not also for dispensing motor vehicle biodiesel into any other container); (L.N. 233 of 2009) motor vehicle biodiesel label (汽車生化柴油標籤) means a label that complies with the specifications as specified in Schedule 4; (L.N. 233 of 2009) motor vehicle biodiesel retailer (汽車生化柴油零售商) means a person who sells, or offers for sale, motor vehicle biodiesel by retail to the public at large for use in motor vehicles; (L.N. 233 of 2009) motor vehicle biodiesel supplier (汽車生化柴油供應商) means a person who, in the course of business, supplies or distributes motor vehicle biodiesel but does not include a motor vehicle biodiesel retailer; (L.N. 233 of 2009) motor vehicle diesel (汽車柴油) means any light diesel oil which complies with the specifications as specified in Schedule 1; motor vehicle diesel retailer (汽車柴油零售商) means a person who sells, or offers for sale, motor vehicle diesel by retail to the public at large for use in motor vehicles; motor vehicle diesel supplier (汽車柴油供應商) means a person who, in the course of business, supplies or distributes motor vehicle diesel but does not include a motor vehicle diesel retailer; motor vehicle fuel (汽車燃料) means any fuel that is used in the propulsion of a motor vehicle; (L.N. 233 of 2009) petrol supplier (汽油供應商) means a person who, in the course of business, supplies or distributes petrol but does not include a petrol retailer; pure motor vehicle biodiesel (純汽車生化柴油) means any motor vehicle fuel that complies with the specifications as specified in Schedule 3; (L.N. 233 of 2009) research octane number (研究法辛烷值) means the research octane number of petrol as determined in accordance with the document published by the European Committee for Standardization commonly known as EN ISO 5164:2005; (L.N. 15 of 2002; L.N. 50 of 2010) unleaded petrol (無鉛汽油) means any petrol which complies with the specifications as specified in Schedule 2.Any petrol supplier who knowingly supplies or distributes leaded petrol commits an offence and is liable to a fine at level 5.
Any petrol retailer who knowingly sells or offers for sale leaded petrol commits an offence and is liable to a fine at level 5.
For the purposes of any proceedings under subsection (1), the petrol supplier charged shall, unless there is evidence to the contrary, be presumed to have known that the petrol the supplier supplied or distributed was leaded petrol. (L.N. 233 of 2009)
For the purposes of any proceedings under subsection (2), the petrol retailer charged shall, unless there is evidence to the contrary, be presumed to have known that the petrol the retailer sold or offered for sale was leaded petrol. (L.N. 233 of 2009)
A petrol retailer does not commit an offence under subsection (2) if the retailer proves that— (L.N. 50 of 2010)
the retailer purchased, or otherwise obtained, the petrol with a warranty or other written evidence from the petrol supplier who supplied or distributed the petrol that the petrol was unleaded petrol; and
at the time of the alleged offence, the petrol was in the same state that it was in at the time of delivery to the retailer.
(Repealed L.N. 35 of 1999)
A petrol retailer shall ensure that every petrol pump installed or operated on the retailer’s premises shall be fitted with a dispensing nozzle spout which has an outside diameter of not more than 21.3 mm. (L.N. 50 of 2010)
Any petrol retailer who, without reasonable excuse, fails to comply with subsection (1) commits an offence and is liable to a fine at level 5 and in addition, if the offence is a continuing offence, to a fine of $5,000 for each day during which it is proved to the satisfaction of the court that the offence has continued.
(Repealed L.N. 35 of 1999)
Any motor vehicle diesel supplier who knowingly supplies or distributes any substance (which is not motor vehicle diesel) as motor vehicle diesel commits an offence and is liable to a fine at level 5.
Subject to subsection (3), any motor vehicle diesel retailer who knowingly sells or offers for sale any substance (which is not motor vehicle diesel) as motor vehicle diesel commits an offence and is liable to a fine at level 5.
For the purposes of any proceedings under subsection (1), the person charged is, unless there is evidence to the contrary, presumed to have known that the substance the person supplied or distributed was not motor vehicle diesel. (L.N. 50 of 2010)
For the purposes of any proceedings under subsection (2), the person charged is, unless there is evidence to the contrary, presumed to have known that the substance the person sold or offered for sale was not motor vehicle diesel. (L.N. 50 of 2010)
A motor vehicle diesel retailer does not commit an offence under subsection (2) if the retailer proves that— (L.N. 50 of 2010)
the retailer purchased, or otherwise obtained, the substance with a warranty or other written evidence from the motor vehicle diesel supplier who supplied or distributed the substance that the substance was motor vehicle diesel; and
at the time of the alleged offence the substance was in the same state that it was in at the time of delivery to the retailer.
(Part IV added L.N. 35 of 1999)
Any person who knowingly supplies or distributes any fuel additive containing any amount of lead whatsoever commits an offence and is liable to a fine at level 5.
Any person who knowingly sells or offers for sale any fuel additive containing any amount of lead whatsoever commits an offence and is liable to a fine at level 5.
For the purposes of any proceedings under subsection (1), the person charged shall, unless there is evidence to the contrary, be presumed to have known that the fuel additive the person supplied or distributed contained lead. (L.N. 233 of 2009)
For the purposes of any proceedings under subsection (2), the person charged shall, unless there is evidence to the contrary, be presumed to have known that the fuel additive the person sold or offered for sale contained lead. (L.N. 233 of 2009)
A person does not commit an offence under subsection (2) if the person proves that— (L.N. 50 of 2010)
the person purchased, or otherwise obtained, the fuel additive with a warranty or other written evidence from another person who supplied or distributed the fuel additive that the fuel additive did not contain any lead; and
at the time of the alleged offence, the fuel additive was in the same state that it was in at the time of delivery to the person.
Any person who knowingly pours, places, discharges or adds any fuel additive containing any amount of lead whatsoever into the fuel tank, the fuel supply system, or the combustion space of the engine of a motor vehicle commits an offence and is liable to a fine at level 5.
For the purposes of any proceedings under subsection (1), the person charged shall, unless there is evidence to the contrary, be presumed to have known that the fuel additive the person poured, placed, discharged or added into the fuel tank, the fuel supply system, or the combustion space of the engine of the motor vehicle contained lead. (L.N. 233 of 2009)
A person does not commit an offence under subsection (1) if the person proves that— (L.N. 50 of 2010)
the person purchased, or otherwise obtained, the fuel additive with a warranty or other written evidence from another person who supplied or distributed the fuel additive that the fuel additive did not contain any lead; and
at the time of the alleged offence, the fuel additive was in the same state that it was in at the time of delivery to the person.
(Part V added L.N. 233 of 2009)
Any motor vehicle biodiesel supplier who knowingly supplies or distributes any substance (that is not motor vehicle biodiesel) as motor vehicle biodiesel commits an offence and is liable to a fine at level 5.
Subject to subsection (5), any motor vehicle biodiesel retailer who knowingly sells or offers for sale any substance (that is not motor vehicle biodiesel) as motor vehicle biodiesel commits an offence and is liable to a fine at level 5.
For the purposes of any proceedings under subsection (1), the person charged is, unless there is evidence to the contrary, presumed to have known that the substance the person supplied or distributed was not motor vehicle biodiesel.
For the purposes of any proceedings under subsection (2), the person charged is, unless there is evidence to the contrary, presumed to have known that the substance the person sold or offered for sale was not motor vehicle biodiesel.
A motor vehicle biodiesel retailer does not commit an offence under subsection (2) if the retailer proves that—
the retailer purchased, or otherwise obtained, the substance with a warranty or other written evidence from the motor vehicle biodiesel supplier who supplied or distributed the substance that the substance was motor vehicle biodiesel; and
at the time of the alleged offence, the substance was in the same state as it was in at the time of delivery to the retailer. (L.N. 50 of 2010)
Any person who knowingly supplies, distributes, sells or offers for sale any motor vehicle biodiesel containing an ester content over 5% through a motor vehicle biodiesel dispenser must display prominently on the dispenser a motor vehicle biodiesel label.
A person who fails to comply with subsection (1) commits an offence and is liable to a fine at level 5.
Any person who knowingly supplies, distributes, sells or offers for sale any motor vehicle biodiesel containing an ester content over 5% in any container other than a motor vehicle biodiesel dispenser must ensure that a motor vehicle biodiesel label that complies with the requirements specified in subsection (4) is securely affixed to or printed on the container.
The requirements mentioned in subsection (3) are the following—
if the container is in the form of a packet, the label must appear on one of the largest surfaces of the packet and the size of the label must be proportionally scaled so that it covers at least 40% of the area of the surface on which it appears;
if the container is in the form of a tin or drum, the label must appear on the curved surface of the tin or drum and the size of the label must be proportionally scaled so that it covers at least 20% of the area of the curved surface on which it appears; or
if the container is in any other form, the size of the label must be proportionally scaled so that it covers at least 40% of the area of the surface on which it appears.
A person who fails to comply with subsection (3) commits an offence and is liable to a fine at level 5.
For the purposes of any proceedings under subsection (2) or (5), the person charged is, unless there is evidence to the contrary, presumed to have known the ester content of the motor vehicle biodiesel that the person supplied, distributed, sold or offered for sale.
Any motor vehicle biodiesel supplier who knowingly supplies or distributes any motor vehicle biodiesel containing an ester content that is more than 1% higher or lower than the percentage of ester content as indicated on the motor vehicle biodiesel label commits an offence and is liable to a fine at level 5.
Subject to subsection (5), any motor vehicle biodiesel retailer who knowingly sells or offers for sale any motor vehicle biodiesel containing an ester content that is more than 1% higher or lower than the percentage of ester content as indicated on the motor vehicle biodiesel label commits an offence and is liable to a fine at level 5.
For the purposes of any proceedings under subsection (1), the person charged is, unless there is evidence to the contrary, presumed to have known the ester content of the motor vehicle biodiesel that the person supplied or distributed.
For the purposes of any proceedings under subsection (2), the person charged is, unless there is evidence to the contrary, presumed to have known the ester content of the motor vehicle biodiesel that the person sold or offered for sale.
A motor vehicle biodiesel retailer does not commit an offence under subsection (2) if the retailer proves that—
the retailer purchased, or otherwise obtained, the motor vehicle biodiesel with a warranty or other written evidence from the motor vehicle biodiesel supplier who supplied or distributed the motor vehicle biodiesel that the motor vehicle biodiesel contained an ester content of the percentage as indicated on the motor vehicle biodiesel label; and
at the time of the alleged offence, the motor vehicle biodiesel was in the same state as it was in at the time of delivery to the retailer. (L.N. 50 of 2010)
Any motor vehicle diesel must—
have a cetane number of not less than 51.0, as determined in accordance with EN ISO 5165:1998;
have a cetane index of not lower than 46.0, as determined in accordance with EN ISO 4264:2007;
have a density at 15oC of not lower than 820.0 kg/m3 and not higher than 845.0 kg/m3, as determined in accordance with EN ISO 3675:1998;
contain not more than 11% by mass of polycyclic aromatic hydrocarbons, as determined in accordance with EN 12916:2006;
contain not more than 10.0 mg/kg of sulphur, as determined in accordance with EN ISO 20884:2004;
have a flash point of above 55oC, as determined in accordance with EN ISO 2719:2002;
contain not more than 0.30% by mass of carbon residue (on 10% distillation residue), as determined in accordance with EN ISO 10370:1995;
contain not more than 0.01% by mass of ash, as determined in accordance with EN ISO 6245:2002;
contain not more than 200 mg/kg of water content, as determined in accordance with EN ISO 12937:2000;
contain not more than 24 mg/kg of total contamination, as determined in accordance with EN 12662:2008;
have a copper strip corrosion (3 hours at 50oC) rating of Class 1, as determined in accordance with EN ISO 2160:1998;
have an oxidation stability of not higher than 25 g/m3, as determined in accordance with EN ISO 12205:1996;
have a lubricity, corrected wear scar diameter (wsd 1.4) at 60oC, of not higher than 460 μm, as determined in accordance with EN ISO 12156-1:2006;
have a viscosity at 40oC of not lower than 2.00 mm2/s and not higher than 4.50 mm2/s, as determined in accordance with EN ISO 3104:1996;
have a distillation percentage recovered at 250oC of lower than 65% by volume, as determined in accordance with EN ISO 3405:2000;
have a distillation percentage recovered at 350oC of not lower than 85% by volume, as determined in accordance with EN ISO 3405:2000;
have a distillation percentage recovered at not higher than 360oC of 95% by volume, as determined in accordance with EN ISO 3405:2000; and
contain an ester content of not more than 5%, as determined in accordance with EN 14078:2003.
| Note: | In this Schedule— |
| EN followed by a numerical symbol (EN number) means the document published by the European Committee for Standardization commonly known by that EN number; | |
| EN ISO followed by a numerical symbol (EN ISO number) means the document published by the European Committee for Standardization commonly known by that EN ISO number. |
(Schedule 1 replaced L.N. 50 of 2010)
Any unleaded petrol must—
have a research octane number of not less than 95.0, as determined in accordance with EN ISO 5164:2005;
have a motor octane number of not less than 85.0, as determined in accordance with EN ISO 5163:2005;
contain not more than 5.0 mg/L of lead, as determined in accordance with EN 237:2004;
contain not more than 10.0 mg/kg of sulphur, as determined in accordance with EN ISO 20884:2004;
have an oxidation stability of not lower than 360 minutes, as determined in accordance with EN ISO 7536:1996;
have an existent gum content (solvent washed) of not higher than 5 mg/100 ml, as determined in accordance with EN ISO 6246:1997;
have a copper strip corrosion (3 hours at 50oC) rating of Class 1, as determined in accordance with EN ISO 2160:1998;
have a clear and bright appearance as determined by visual inspection;
contain not more than 18.0% by volume of olefins, as determined in accordance with EN 14517:2004;
contain not more than 35.0% by volume of aromatic hydrocarbons, as determined in accordance with EN 14517:2004;
contain not more than 1.00% by volume of benzene content, as determined in accordance with EN 12177:1998;
contain not more than 2.7% by mass of oxygen content, as determined in accordance with EN 1601:1997;
contain not more than 3.0% by volume of methanol (stabilizing agents must be added), as determined in accordance with EN 1601:1997;
contain not more than 5.0% by volume of ethanol (stabilizing agents may be necessary), as determined in accordance with EN 1601:1997;
contain not more than 10.0% by volume of iso-propyl alcohol, as determined in accordance with EN 1601:1997;
contain not more than 10.0% by volume of iso-butyl alcohol, as determined in accordance with EN 1601:1997;
contain not more than 7.0% by volume of tert-butyl alcohol, as determined in accordance with EN 1601:1997;
contain not more than 15.0% by volume of ethers (containing 5 or more carbon atoms per molecule), as determined in accordance with EN 1601:1997;
contain not more than 10.0% by volume of other oxygenates with a final boiling point not higher than 210oC, as determined in accordance with EN 1601:1997;
have a vapour pressure (dry vapour pressure equivalent) of not higher than 60.0 kilopascal at 37.8oC, as determined in accordance with EN 13016-1:2007;
have not less than 46.0% by volume evaporated at 100oC, as determined in accordance with EN ISO 3405:2000; and
have not less than 75.0% by volume evaporated at 150oC, as determined in accordance with EN ISO 3405:2000.
| Note: | In this Schedule— |
| EN followed by a numerical symbol (EN number) means the document published by the European Committee for Standardization commonly known by that EN number; | |
| EN ISO followed by a numerical symbol (EN ISO number) means the document published by the European Committee for Standardization commonly known by that EN ISO number; | |
| other oxygenates as appearing in paragraph (s) means mono-alcohols and ethers other than those specified in paragraphs (m) to (r). |
(Schedule 2 replaced L.N. 50 of 2010)
Any pure motor vehicle biodiesel must—
contain not less than 96.5% by mass of fatty acid methyl ester, as determined in accordance with EN 14103:2003;
have a density at 15oC of not lower than 860 kg/m3 and not higher than 900 kg/m3, as determined in accordance with EN ISO 3675:1998;
have a viscosity at 40oC of not lower than 3.50 mm2/s and not higher than 5.00 mm2/s, as determined in accordance with EN ISO 3104:1996;
have a flash point of above 101oC, as determined in accordance with EN ISO 3679:2004;
contain not more than 10.0 mg/kg of sulphur, as determined in accordance with EN ISO 20884:2004;
contain not more than 0.30% by mass of carbon residue (on 10% distillation residue), as determined in accordance with EN ISO 10370:1995;
have a cetane number of not less than 51.0, as determined in accordance with EN ISO 5165:1998;
contain not more than 0.02% by mass of sulphated ash, as determined in accordance with ISO 3987:1994;
contain not more than 500 mg/kg of water, as determined in accordance with EN ISO 12937:2000;
contain not more than 24 mg/kg of total contamination, as determined in accordance with EN 12662:2008;
have a copper strip corrosion (for 3 hours at 50oC) rating of Class 1, as determined in accordance with EN ISO 2160:1998;
have an oxidation stability at 110oC of not lower than 6 hours, as determined in accordance with EN 14112:2003;
have an acid value of not more than 0.50 mg KOH/g, as determined in accordance with EN 14104:2003;
have an iodine value of not more than 120 g iodine/100 g, as determined in accordance with EN 14111:2003;
contain not more than 12.0% by mass of linolenic acid methyl ester, as determined in accordance with EN 14103:2003;
contain not more than 1% by mass of polyunsaturated (greater than or equal to 4 double bonds) methyl esters;
contain not more than 0.20% by mass of methanol content, as determined in accordance with EN 14110:2003;
contain not more than 0.80% by mass of monoglyceride content, as determined in accordance with EN 14105:2003;
contain not more than 0.20% by mass of diglyceride content, as determined in accordance with EN 14105:2003;
contain not more than 0.20% by mass of triglyceride content, as determined in accordance with EN 14105:2003;
contain not more than 0.02% by mass of free glycerol, as determined in accordance with EN 14105:2003;
contain not more than 0.25% by mass of total glycerol, as determined in accordance with EN 14105:2003;
contain not more than 5.0 mg/kg of Group I metals (sodium plus potassium), as determined in accordance with EN 14538:2006;
contain not more than 5.0 mg/kg of Group II metals (calcium plus magnesium), as determined in accordance with EN 14538:2006;
contain not more than 4.0 mg/kg of phosphorus content, as determined in accordance with EN 14107:2003; and
contain no substance other than those specified in the preceding paragraphs (unless the substance is an additive). (L.N. 50 of 2010)
| Note: | In this Schedule— |
| EN followed by a numerical symbol (EN number) means the document published by the European Committee for Standardization commonly known by that EN number; | |
| EN ISO followed by a numerical symbol (EN ISO number) means the document published by the European Committee for Standardization commonly known by that EN ISO number; | |
| ISO followed by a numerical symbol (ISO number) means the document published by the International Organization for Standardization commonly known by that ISO number. |
(Schedule 3 added L.N. 233 of 2009. L.N. 50 of 2010)
The design of the label must be as specified in the diagram below—
| 汽車生化柴油 Motor Vehicle Biodiesel | |
| 本(i)的酯含量為(ii)%* This (iii) contains (iv)% of ester content | |
| 不適合某些車輛 Not suitable for some vehicles 使用前請諮詢有關的認可車輛代理商 Consult the relevant authorized vehicle dealers before use | |
| 本汽車生化柴油為《空氣污染管制(汽車燃料)規例》(第311章，附屬法例L)所指的汽車生化柴油。 This motor vehicle biodiesel is the motor vehicle biodiesel within the meaning of the Air Pollution Control (Motor Vehicle Fuel) Regulation (Cap. 311 sub. leg. L). | |
| * | 實際酯含量與本標籤所示的含量，相差不多於1%。 |
| The actual ester content does not deviate by more than 1% from the content shown on this label. | |
The label must be rectangular in shape and must have a minimum size of 60 cm wide and 45 cm high and surrounded by a black line as demarcation.
The background colour of the label must be yellow.
For the Chinese text, all characters and numbers, except otherwise specified in paragraph 6 below, must be printed in black, “標楷體” Bold typeface and 24 mm high font size.
For the English text, all letters and numbers must be printed in black, Arial typeface and 25 mm high font size.
The characters “不適合某些車輛” and “使用前請諮詢有關的認可車輛代理商” must be printed in red, “標楷體” Bold typeface and 24 mm high font size.
The spaces marked by (i) and (iii) must be printed with—
if the motor vehicle biodiesel is pure motor vehicle biodiesel, the characters “純汽車生化柴油” and the letters “pure motor vehicle biodiesel” respectively; or
if the motor vehicle biodiesel is motor vehicle biodiesel blend, the characters “汽車生化柴油混合物” and the letters “motor vehicle biodiesel blend” respectively.
The spaces marked by (ii) and (iv) must be printed with a number representing the proportion in percentage of the ester content in the motor vehicle biodiesel as determined in accordance with— (L.N. 50 of 2010)
if the motor vehicle biodiesel is pure motor vehicle biodiesel, the document published by the European Committee for Standardization commonly known as EN 14103:2003; or
if the motor vehicle biodiesel is motor vehicle biodiesel blend, the document published by the European Committee for Standardization commonly known as EN 14078:2003. (L.N. 50 of 2010)
(Schedule 4 added L.N. 233 of 2009)