### Gas Safety (Gas Supply) Regulations 《氣體安全 (氣體供應)規例》

45. Appeals to appeal board
(1) Any person aggrieved by a decision of the Authority under—
(a) regulation 5(1)(b) or (c);
(b) regulation 6(2)(b)(i) in any case where regulation 6(3)(a) applies;
(c) regulation 6(2)(b)(ii); or
(d) regulation 26(3),
may appeal to an appeal board against that decision.
(2) An appeal under this regulation shall—
(a) be in writing;
(b) set out the details of or be accompanied by the notice under regulation 5(1), 6(2) or 26(4) concerned;
(c) be commenced within 30 days after the decision appealed against was made; and
(d) be delivered to the Secretary.
(3) A person who appeals under this regulation shall deliver to the Authority notice of, and the grounds for, the appeal.
(4) A decision referred to in subregulation (1) shall take effect immediately, notwithstanding that an appeal has been or may be made under this regulation against that decision.

46. Removal of liquefied petroleum gas in contravention of regulations
Where any liquefied petroleum gas is possessed, landed, shipped, transhipped, stored or otherwise dealt with, or where any vessel carrying any such gas is berthed or has anchored or stopped contrary to any requirement under the Ordinance, the Authority, or any other person acting under the orders of the Authority, may cause such gas (including any container of such gas), or such vessel to be removed, at the expense of the owner of such gas or vessel, as the case may be, to such place as may be in conformity with such requirement, and all expenses incurred in such removal may be recovered from such owner in like manner, in all respects, as a sum of money due or payable to the Government in respect of a fee is recoverable.

47. Valve connection of cylinder to be in contact with vapour space
(1) Subject to subregulation (2), no person shall use, transport or store a cylinder which contains or has contained liquefied petroleum gas in any manner which prevents the valve connection of the cylinder from being in contact with the vapour space of the cylinder.
(2) Subregulation (1) shall not apply to a cylinder which is used to supply liquefied petroleum gas to a fork-lift truck.

### Gas Safety (Gas Supply) Regulations 《氣體安全 (氣體供應)規例》

48. Regulation of pressure between cylinder and gas appliance
(1) Subject to subregulation (2), no person shall use a cylinder to supply liquefied petroleum gas to a gas appliance unless a pressure-regulator, set at the pressure at which that appliance is designed to receive gas, is fitted to the—
(a) valve connection of the cylinder; or
(b) installation pipe between the cylinder and the appliance.
(2) Subregulation (1) shall not apply to a cylinder and gas appliance combination which is designed to be used without a pressure-regulator.

### Gas Safety (Gas Supply) Regulations 《氣體安全 (氣體供應)規例》

49A. Defences
(1) Where a code or codes of practice are in effect in relation to the requirements of regulation 23A(1) or (2), it shall be a defence to a charge under regulation 49 alleging a contravention of that subregulation for the person charged to show that he has complied with the provisions of that code or those codes as regards such requirements.
(2) It shall be a defence to a charge under regulation 49 alleging a contravention of regulation 23A(2) in relation to works carried out in the vicinity of a gas pipe for the person charged to show that he did not know the location and position of the gas pipe and that—
(a) before the works were commenced, he had taken all reasonable steps to ascertain the location and position of any gas pipe in the area of the works; and
(b) he could not reasonably have been expected, having regard to the steps so taken, to have known the location and position of the gas pipe,
and for the purposes of paragraph (a), where a code or codes of practice are in effect in relation to the requirements of regulation 23A(1), a person who shows that he has complied with the provisions of that code or those codes as regards such requirements shall be deemed to have shown that he has taken all reasonable steps to ascertain the location and position of any gas pipe in the area of the works.
(L.N. 455 of 1996)

50. Exemptions
(1) The Authority may exempt in writing any person from any of the provisions of these regulations specified in such exemption—
(a) where the Authority is of the opinion that the safety of members of the public will not be prejudiced by such exemption; and
(b) subject to such reasonable conditions as the Authority thinks fit specified in such exemption.
(2) The Authority may by notice in the Gazette exempt any class of persons from any of the provisions of these regulations specified in such exemption—
(a) where the Authority is of the opinion that the safety of members of the public will not be prejudiced by such exemption; and
(b) subject to such reasonable conditions as the Authority thinks fit specified in such exemption.

### Gas Safety Ordinance 《氣體安全條例》

1. Short title
(Amended E.R. 7 of 2020)(1) This Ordinance may be cited as the Gas Safety Ordinance.
(2) (Omitted as spent—E.R. 7 of 2020)

### Gas Safety Ordinance 《氣體安全條例》

3. Application
(1) Subject to subsection (2), this Ordinance shall bind the Government.
(2) No fee prescribed under this Ordinance shall be payable by the Government.
(3) This Ordinance shall not apply to the use of liquefied petroleum gas for and incidental to the production of entertainment special effects within the meaning of the Entertainment Special Effects Ordinance (Cap. 560). (Added 41 of 2000 s. 60)
(Replaced 22 of 1996 s. 3)

4. Gas Safety Advisory Committee
(1) There is hereby established a committee by the name of the Gas Safety Advisory Committee for the purpose of advising the Authority upon any matters relevant to the importation, manufacture, storage, transport, supply or use of gas.
(2) The Committee shall consist of—
(a) the Authority, who shall be the chairman; and
(b) not less than 6 or more than 10 other persons, not being public officers, appointed by the Chief Executive.
(3) The members of the Committee appointed under subsection (2)(b) shall hold office for such period and upon such terms as the Chief Executive specifies in their respective appointments or from time to time.
(4) A member of the Committee appointed under subsection (2)(b) may resign at any time by notice in writing delivered to the Chief Executive.
(5) The Committee may regulate its own procedure.
(Amended 61 of 2000 s. 3)

5. Gas Authority
The Chief Executive shall, by notice in the Gazette, appoint a public officer to be the Gas Authority for the purposes of this Ordinance.
(Amended 61 of 2000 s. 3)

6. Functions of Authority
(1) The principal function of the Authority shall be to promote and provide for the implementation of safe working practices for and in relation to the importation, manufacture, storage, transport, supply and use of gas.
(2) Without prejudice to the generality of subsection (1), the Authority shall—
(a) supervise compliance with the provisions of this Ordinance; and
(b) assist and encourage persons concerned with matters relevant to any of the safe working practices referred to in subsection (1) to further those practices.
(3) The Authority may from time to time cause to be prepared and published by notice in the Gazette, for the guidance of persons upon whom there is any obligation to comply with any requirements under this Ordinance, guidelines not inconsistent with this Ordinance, indicating the manner in which he proposes to exercise functions conferred or imposed under this Ordinance upon him.

### Gas Safety Ordinance 《氣體安全條例》

7. Chief Executive may give directions
The Chief Executive may give directions generally or in a particular case in relation to the exercise by the Authority of any of his functions under this Ordinance, and the Authority shall comply with any such direction.
(Amended 61 of 2000 s. 3)