HKLII Hong Kong Regulations

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FIRE SERVICES (FIRE HAZARD ABATEMENT) REGULATION - SECT 19

Illegal possession of controlled substance

(1) Subject to subsection (2), a person commits an offence if he has
possession or control of a controlled substance in or on any premises for the
purpose of a business of supplying the substance for transferring to the fuel
tank of a motor vehicle, and shall be liable-

   (a)  on a first conviction, to a fine at level 6 and to imprisonment for 6
        months;

   (b)  on a subsequent conviction, to a fine of $200000 and to imprisonment
        for 1 year.

(2) Subsection (1) shall not apply if-

   (a)  the conditions set out in regulation 125 of the Dangerous Goods 
        (General) Regulations ( Cap 295 sub. leg. B) have been complied with
        in respect of the relevant installation in or on the premises referred
        to in that subsection; and

   (b)  a licence for the storage of dangerous goods in liquid form in or on
        the premises has been granted or renewed under the Dangerous Goods 
        Ordinance ( Cap 295).

(3) In proceedings relating to subsection (1), it is presumed in the absence
of evidence to the contrary that a person has possession or control of a
controlled substance in or on any premises for the purpose of a business of
supplying the substance for transferring to the fuel tank of a motor vehicle
if-

   (a)  that person sells, offers for sale or supplies a controlled  substance
        in or on the premises; and

   (b)  that person does so in circumstances that gives rise to a reasonable
        belief that the controlled substance is to be transferred to the fuel
        tank of a motor vehicle.

(4) In this section, "controlled substance" (受管制物質) means dangerous
goods in category 5 under the Dangerous Goods (Application and Exemption) 
Regulations ( Cap 295 sub. leg. A).

"controlled substance" (受管制物質)



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