### Dangerous Goods (Government Explosives Depots) Regulations 《危險品(政府爆炸品倉庫)規例》

1. Citation
These regulations may be cited as the Dangerous Goods (Government Explosives Depots) Regulations.

2. Interpretation
In these regulations—
Commissioner (處長) means the Commissioner of Mines;
deputy manager (副經理) means a deputy manager of a depot appointed by the Chief Executive under section 13D of the Ordinance; (71 of 1999 s. 3)
explosive accessories (爆炸品附件) includes connectors, detonators, fuses, igniters, igniter cords, primers, relays and any other substance or device used or manufactured with a view to initiating an explosive by means of detonation, burning or otherwise; (L.N. 271 of 1983)
inner package (內包裝) means a substantial case, bag, canister or other receptacle, so made and closed as to prevent any of the contents from escaping; (L.N. 271 of 1983)
manager (經理) means the manager of a depot appointed by the Chief Executive under section 13D of the Ordinance; (71 of 1999 s. 3)
month (月) means calendar month; (L.N. 271 of 1983)
outer package (外包裝) means any form of package superimposed upon an inner package for the purpose of protecting such inner package from damage. (L.N. 271 of 1983)

3. Reception and removal of explosives at depots
(1) No person shall cause or permit any explosive to be received into or removed from a depot except in the presence of and under the direction of the manager or a deputy manager of the depot.
(2) No person shall cause or permit any explosive to be received into or removed from a depot between the hours of sunset and sunrise without the permission of the Commissioner.

4. Explosives to be unloaded forthwith
(1) Subject to regulations 3, 5, 6 and 7—
(a) the person in command of a vessel which brings any explosive to a depot for reception; and
(b) the person at whose request the explosive is to be stored in a depot,
shall cause the explosive to be unloaded forthwith from the vessel and delivered into the depot.
(2) If any explosive is not unloaded and delivered into a depot in accordance with paragraph (1), the Commissioner may cause the explosive to be unloaded and delivered into the depot and the expenses of the unloading and delivery shall be a debt owed to the Government, jointly and severally, by the person in command of the vessel and by the person at whose request the explosive is to be stored in the depot.

### Dangerous Goods (Government Explosives Depots) Regulations 《危險品(政府爆炸品倉庫)規例》

5. Applicant to attend depot while explosives are received or removed
The person at whose request any explosive is stored in a depot shall, while the explosive is being received into or removed from the depot—
(a) himself attend at the depot; or
(b) arrange for another person to attend at the depot as his agent.

6. Notice of storage
The Commissioner may refuse to receive any explosive into a depot for storage if the person at whose request the explosive is to be stored has not given at least 8 weeks prior notice of his intention to bring the explosive to a depot for storage.

7. Commissioner to refuse to store explosives if unsafe or if depot overstocked
The Commissioner may refuse to receive any explosive into a depot for storage if—
(a) he is not satisfied that the explosive is in a safe condition for storage in the depot; or
(b) in his opinion, the receipt of the explosive into the depot would result in the overstocking of the depot.

8. Packages not to be opened without permission
No person, except a public officer in the performance of his duties, shall open any package containing explosive in a depot without the permission in writing of the Commissioner.

9. Prohibition of other work during reception and removal of explosives
No person shall, while any explosive is being received into or removed from any part of a depot or transhipped to or from any part of a depot, carry on or near that part of the depot or any vessel unloading, loading or transhipping the explosive any work which is not necessary for the receipt, removal or transhipment of the explosive.

10. Prohibition of combustible materials in or near depots
No person shall, while any explosive is being received into or removed from a depot, or is being transhipped to or from a depot—
(a) have in his possession any combustible material;
(b) light any fire;
(c) expose any naked light; or
(d) smoke,
in or near the depot or any vessel unloading, loading or transhipping the explosive.

11. Custody of smoking requisites
The manager or a deputy manager of a depot may give such directions as he thinks fit as to the custody of any tobacco, matches, lighters and other smoking requisites in the possession of persons—
(a) who are in or near a depot while any explosive is being received into or removed from the depot, or is being transhipped to or from the depot; or
(b) who are in or near any vessel which is unloading, loading or transhipping the explosive.

### Dangerous Goods (Government Explosives Depots) Regulations 《危險品(政府爆炸品倉庫)規例》

12. Storage fees
(1) The person at whose request any explosive is stored in a depot shall pay to the Government the fee specified in Part I of the Schedule for the storage of the explosive.
(2) Any fee which is payable under paragraph (1) shall be paid within 21 days after the last day of the period of storage for which it is payable.
(3) If any fee is not paid within the time specified in paragraph (2), the Commissioner may cause the explosive in respect of which such fee is payable to be sold, and may deduct the fee and any other expenses incurred by the Government in the sale of the explosive from the proceeds of sale, and shall refund the balance of the proceeds of sale to the person by whom the fee was payable.

13. Delivery fees
The person at whose request any explosive is delivered by the Government from a depot to any other place shall pay to the Government the fee specified in Part II of the Schedule for such delivery.

13D. Storage fees and delivery fees not payable between October 2022 and September 2023
(1) Regulation 12 does not apply in relation to storage during the period from 1 October 2022 to 30 September 2023 (both dates inclusive).
(2) Regulation 13 does not apply in relation to delivery during the period from 1 October 2022 to 30 September 2023 (both dates inclusive).
(3) This regulation expires at midnight on 30 September 2023.
(L.N. 86 of 2022)

14. Destruction of explosives
The Commissioner may cause any explosive which is stored in a depot to be destroyed—
(a) if in his opinion the condition of the explosive is such as to threaten the safety of a depot or of any persons therein; or
(b) if any fee payable under regulation 12 for the storage of the explosive has not been paid and the Commissioner is unable to sell the explosive under paragraph (3) of that regulation within 6 months after the fee becomes due.

15. Offences
(1) Any person who contravenes regulation 3(1) or (2), 4(1), 5, 8, 9 or 10 shall be guilty of an offence.
(2) Any person who contravenes a direction given under regulation 11 by the manager or a deputy manager of a depot shall be guilty of an offence.

16. Penalty
Any person who is guilty of an offence under these regulations shall be liable upon conviction to a fine at level 2 and to imprisonment for 6 months.
(E.R. 5 of 2021)

### Dangerous Goods Ordinance 《危險品條例》

1. Short title
This Ordinance may be cited as the Dangerous Goods Ordinance.