Hong Kong Regulations

DANGEROUS GOODS (CONSIGNMENT BY AIR) (SAFETY) REGULATIONS - REGULATION 4

Dangerous goods to comply with Technical Instructions

(Past version on 30/06/1997).

(1) Subject to paragraph (2), no dangerous goods shall be consigned for
carriage by air unless-

   (a)  the goods are of a category which is not prohibited to be carried by
        air by the provisions of the Technical Instructions specified for the
        purposes of this sub-paragraph in Part II of the Schedule;

   (b)  the goods are classified and packed in accordance with the provisions
        of the Technical Instructions specified for the purposes of this
        sub-paragraph in Part II of the Schedule;

   (c)  the packagings used are in accordance with such of the provisions of
        the Technical Instructions specified for the purposes of this
        sub-paragraph in Part II of the Schedule as apply to the goods;

   (d)  any package containing the dangerous goods is marked and labelled in
        accordance with the provisions of the Technical Instructions specified
        for the purposes of this sub-paragraph in Part II of the Schedule;

   (e)  the provisions of the Technical Instructions specified for the
        purposes of this sub-paragraph in Part II of the Schedule are complied
        with in respect of any dangerous goods, package or packaging;

   (f)  any package containing the dangerous goods is in a fit condition for
        carriage by air; and

   (g)  the goods are declared dangerous goods. (L.N. 75 of 2006)

(2) Paragraph (1) shall not apply to dangerous goods-

   (a)  consigned for carriage by air on any aircraft belonging to or
        exclusively employed in the service of the Government or on the naval,
        military or air force aircraft of any country; or

   (b)  of a type described in the provisions of the Technical  Instructions
        specified for the purposes of this sub-paragraph in Part II of the
        Schedule, to the extent and in the circumstances described in those
        provisions.

(3) Subject to paragraph (4), where paragraph (1) is contravened-

   (a)  any consignor of the goods; and

   (b)  if the contravention relates to any act or function performed by
        another person for or on behalf of any consignor, that person, commits
        an offence and is liable-

        (i)    on conviction on indictment to a fine of $250000 and to
               imprisonment for 2 years; or

        (ii)   on summary conviction to a fine of $50000 and to imprisonment
               for 1 year.

(4) A person shall not be convicted of an offence under paragraph

(3) if he satisfies the court or magistrate that-

   (a)  the act or omission constituting the contravention occurred without
        his knowledge or consent; and

   (b)  he could not, by the exercise of reasonable supervision and reasonable
        diligence, have prevented the occurrence of that act or omission.
        (Enacted 1985)