Hong Kong Regulations

DUTIABLE COMMODITIES (MARKING AND COLOURING OF HYDROCARBON OIL) REGULATIONS - REGULATION 5C

Defence to charges under regulation 5A or 5B

(1) It shall be a defence for any person charged with contravening regulation
5A(a), (d) or (e) or 5B(1)(a), (d) or (e) to prove that he did not know and
could not by the exercise of reasonable diligence have ascertained that
kerosene or, as the case may be, marked oil was in the fuel tank of the motor
vehicle or pleasure vessel.

(2) It shall be a defence for any person charged with contravening regulation
5A or 5B in respect of a pleasure vessel to prove-

   (a)  that none of the inlets to the fuel tank of the vessel was marked with
        the statement referred to in regulation 12A; and

   (b)  that he did not know and could not by the exercise of reasonable
        diligence have ascertained that the vessel was primarily possessed or
        used (as the case may be) for pleasure purposes. (35 of 1992 s. 16)
        (L.N. 8 of 1987; 35 of 1992 s. 16)