### Freight Containers (Safety) Ordinance 《運貨貨櫃(安全)條例》

5. Approval of containers individually
(1A) This section applies in relation to any container, whether it is manufactured or used in Hong Kong or elsewhere. (Added 14 of 2006 s. 6)
(1) Any person may in writing apply to an authorized person appointed under subsection (5) for the issue of an approval under subsection (4) in respect of a container.
(2) An application under this section shall contain the prescribed information and shall be accompanied by the prescribed documents.
(2A) The fee payable to an authorized person in respect of an application under this section shall be—
(a) of such amount as may be specified by the authorized person; and
(b) payable in such manner, and within such period, as may be specified by the authorized person. (Added 14 of 2006 s. 6)
(3) An applicant shall arrange for the container to be presented or made available in the manner specified by the authorized person for examination and testing as to the structural safety requirements, and test standards, specified in Annex II. (Amended 24 of 2020 s. 5)
(4) The authorized person, having examined and witnessed the testing of the container, shall— (Amended 14 of 2006 s. 6)
(a) if he is satisfied that the container meets the structural safety requirements, and test standards, specified in Annex II, issue an approval in respect of the container; or (Amended 24 of 2020 s. 5)
(b) refuse the application.
(5) The Director may in writing appoint one or more persons who appear to him to be suitably qualified and experienced to exercise the powers and perform the functions conferred on an authorized person under this section to be an authorized person.
(Amended 14 of 2006 s. 6)

### Freight Containers (Safety) Ordinance 《運貨貨櫃(安全)條例》

6. Approval by design type
(1) Any person may in writing apply to an authorized person appointed under subsection (7) for the issue of an approval under subsection (4) in respect of a container design type.
(2) An application under this section shall contain the prescribed information and shall be accompanied by the prescribed documents.
(2A) The fee payable to an authorized person in respect of an application under this section shall be—
(a) of such amount as may be specified by the authorized person; and
(b) payable in such manner, and within such period, as may be specified by the authorized person. (Added 14 of 2006 s. 7)
(3) An applicant shall arrange for a prototype container to be presented or made available in the manner specified by the authorized person for examination and testing as to the structural safety requirements, and test standards, specified in Annex II. (Amended 24 of 2020 s. 6)
(4) The authorized person, having examined and witnessed the testing of the prototype container, shall— (Amended 14 of 2006 s. 7)
(a) if he is satisfied that any container manufactured in accordance with the design type would meet the structural safety requirements, and test standards, specified in Annex II, issue an approval in respect of the design type; or (Amended 24 of 2020 s. 6)
(b) refuse the application.
(5) An approval issued under this section in respect of a design type, while it remains valid, is a valid approval for the purposes of this Ordinance in respect of every container of the design type series, whether the container is manufactured or used in Hong Kong or elsewhere.
(6) Regulations made under section 27 may require the person to whom an approval under this section has been issued to— (Amended 14 of 2006 s. 7)
(a) notify the authorized person who has issued the approval prior to the commencement of production of each new series of containers to be manufactured in accordance with the approved design type;
(b) comply with any reasonable request of the authorized person who has issued the approval made for the purpose of ensuring that any such container is manufactured in accordance with the design type.
(7) The Director may in writing appoint one or more persons who appear to him to be suitably qualified and experienced to exercise the powers and perform the functions conferred on an authorized person under this section to be an authorized person.
(Amended 14 of 2006 s. 7)

### Freight Containers (Safety) Ordinance 《運貨貨櫃(安全)條例》

7. Approval issued under the Convention outside Hong Kong
(1) An approval issued in a country or place outside Hong Kong in respect of a container, being an approval that complies with the requirements specified in subsection (2), while it remains valid, is a valid approval for the purposes of this Ordinance.
(2) The approval must—
(a) be issued by or under the authority of— (Amended 14 of 2006 s. 8)
(i) a government of a country which has ratified, accepted, approved or acceded to the Convention; or
(ii) a government of a place to which the Convention applies; and
(b) be issued or be deemed to be issued in accordance with the Convention.
(Amended 14 of 2006 s. 8)

8. Arrangements for approvals by authorized persons
(1) The Director may by order in the Gazette prescribe arrangements in relation to the appointment of authorized persons under sections 5 and 6 and the exercise by those persons of the powers and performance of the functions conferred under those sections.
(2) Without affecting the generality of subsection (1), such orders may provide for arrangements concerning—
(a) conditions of eligibility for appointment as an authorized person;
(b) the terms of appointment of such persons and their functions;
(c) the receipt and processing by such persons of applications for approval;
(d) the procedures for approval of containers by such persons;
(e) withdrawal of approval in relation to a container by an authorized person pursuant to section 9;
(f) approval in relation to used or modified containers;
(g) the duties of applicants for approval after being granted approval.

9. Validity of approval
(1) An approval (whether relating to a design type or an individual container) shall be valid if, and only if, it has not ceased in accordance with this section to be valid.
(2) If, in the case of an approval issued under section 5 or 6—
(a) the person who issued the approval declares in writing that the approval is no longer valid; or
(b) the Director declares in writing that the approval is no longer valid, (Amended 14 of 2006 s. 9)
then that approval shall cease to be valid for the purposes of subsection (1). (Amended 14 of 2006 s. 9)
(2A) A declaration may be made under subsection (2) only if the container does not comply with any requirement of this Ordinance. (Added 14 of 2006 s. 9)
(3) If, in the case of an approval to which section 7 applies, the person who issued the approval states in writing that it is no longer valid, then that approval shall cease to be valid for the purposes of subsection (1).

### Freight Containers (Safety) Ordinance 《運貨貨櫃(安全)條例》

10. Fixing of safety approval plate
(1) A safety approval plate shall be fixed to any container that has a valid approval in accordance with sections 5 to 9.
(2) A container shall be regarded as having a valid safety approval plate fixed to it if—
(a) the safety approval plate is marked and fixed to the container in accordance with—
(i) if the construction of the container was completed before 1 July 2014 and no structural modification has ever been made to the container—Schedule 2 as in force immediately before the commencement date* of the Freight Containers (Safety) (Amendment) Ordinance 2020 (24 of 2020); or
(ii) otherwise—Schedule 2; (Replaced 24 of 2020 s. 7)
(b) the information on the safety approval plate is correct and relates to a valid approval; and
(c) the safety approval plate is fixed either—
(i) after the container is manufactured and before it is first used; or
(ii) after the container is examined in accordance with a procedure prescribed or approved under section 12 and before it is again used.
(Amended 14 of 2006 s. 10) Editorial Note:
* Commencement date: 1 March 2021.