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.
[9 September 1985] L.N. 267 of 1985
(Format changes—E.R. 6 of 2021)
This Ordinance may be cited as the Dangerous Goods (Consignment by Air) (Safety) Ordinance.
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.The Chief Executive in Council may make regulations— (Amended 36 of 1999 s. 3)
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;
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)
empowering the Director—
to exempt any person, dangerous goods or packaging from the regulations;
to give directions in relation to such matters as may be specified in the regulations; and
to amend any Schedule to the regulations; and
generally for the better carrying into effect of the provisions and purposes of this Ordinance.
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 $500,000 and imprisonment for 2 years. (Amended 52 of 1985 s. 2)
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)—
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;
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)
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)
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;
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;
inspect, open and examine any consignment of dangerous goods, packaging or package;
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
seize, remove and detain—
anything with respect to which he has reasonable grounds for suspecting that any offence under this Ordinance has been committed; or
any other thing which may appear to him likely to be, or to contain, evidence of any such offence.
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)
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.
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.
Any person who—
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
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 at level 4 and to imprisonment for 6 months. (Amended E.R. 6 of 2021)
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—
the act or omission constituting the offence occurred without his knowledge or consent; and
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.
A magistrate may order the 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.
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.
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.