### Radiation Ordinance 《輻射條例》

14. Recommendations for protection from radiation hazards
(1) The Board may from time to time issue free of charge in such manner as it thinks fit recommendations for protection from radiation hazards for the guidance of licensees and persons engaged in radiation work.
(2) Failure on the part of any person to observe the provisions of any such recommendations shall not of itself render that person liable to criminal proceedings of any kind, but any such failure may in any proceedings under this Ordinance be relied upon by any party to the proceedings as tending to establish or to negative any liability which is in question in those proceedings.
(Added 6 of 1961 s. 4)

15. Power to exempt from provisions of Ordinance or regulations
(1) The Board may grant, subject to such conditions or restrictions as it may consider expedient, exemption from any of the provisions of this Ordinance to any specified person, group or class of persons or in respect of a specified radioactive substance or irradiating apparatus or class thereof where, having regard to the public interest to be served and the degree of risk, if any, to human health involved by the granting of such exemption, the Board is of opinion that it is expedient and safe so to do.
(2) A notice in writing signed by the Chairman of the Board of any exemption granted to any specified person, group or class of persons in accordance with subsection (1) shall be issued to the person, group or class of persons to which such exemption applies:
Provided that in the case of a group or class of persons such notice may be issued by means of a notification in the Gazette.
(3) A notice in writing signed by the Chairman of the Board of an exemption granted in respect of a specified radioactive substance or irradiating apparatus or a class thereof shall be published in the Gazette. (Added 46 of 1990 s. 8)
(Added 6 of 1961 s. 4. Amended 46 of 1990 s. 8)

### Radiation Ordinance 《輻射條例》

16. Appointment and powers of inspectors
(1) The Board may from time to time appoint persons by name or office to be inspectors for the purposes of this Ordinance.
(2) Any inspector may, on producing, if so required, a duly authenticated document showing his authority, enter and inspect at all reasonable hours any premises, vehicle, vessel or aircraft in which there is any radioactive substance or irradiating apparatus in respect of which a licence is for the time being in force under this Ordinance or in respect of which a licence under this Ordinance is not required by virtue of section 7(3) or any exemption made by regulation under section 13. (Amended 46 of 1990 s. 9)
(3) If a magistrate is satisfied from information on oath of any inspector that—
(a) entry into any premises, vehicle, vessel or aircraft in exercise of the powers conferred by subsection (2) has been refused; or
(b) there are reasonable grounds for suspecting that an offence against this Ordinance has been or is being committed in or in connexion with any premises, vehicle, vessel or aircraft, (Amended 46 of 1990 s. 9)
the magistrate may, by warrant under his hand, authorize any person named in the warrant together with any police officer, to enter and search such premises, vehicle, vessel or aircraft, if necessary by force.
(4) In the exercise of the powers of entry and inspection under subsection (2) or of entry and search under a warrant granted under subsection (3), any inspector may—
(a) take without payment such samples of any substance which he believes to be a radioactive substance as are necessary for the examination and testing thereof;
(b) examine and calibrate any irradiating apparatus or any apparatus which he believes to be an irradiating apparatus;
(c) seize, remove and detain anything with respect to which he may have reasonable grounds for suspecting that any offence against this Ordinance has been committed. (Amended 46 of 1990 s. 9)
(5) Where it is not practicable to remove an irradiating apparatus pursuant to subsection (4)(c) an inspector may—
(a) if it is possible to do so without causing permanent damage to the irradiating apparatus, render it inoperable; or
(b) seal the apparatus so as to prevent the use of the apparatus without breaking the seal. (Added 46 of 1990 s. 9)
(6) Where it is not practicable to remove a radioactive substance pursuant to subsection (4)(c) an inspector may seal an article or place so as to prevent the use of the radioactive substance without breaking the seal. (Added 46 of 1990 s. 9)

### Radiation Ordinance 《輻射條例》

17. Obstruction, breaking of seals
A person who obstructs, whether actively or passively, a person in the execution of a power conferred by or under section 16 or who breaks or interferes with a seal affixed under section 16 commits an offence and is liable to a fine at level 3 and to imprisonment for 6 months.
(Replaced 46 of 1990 s. 10. Amended E.R. 3 of 2022)

18. False statements
Any person who, for the purpose of obtaining, whether for himself or any other person, the grant of any licence under this Ordinance, or for any other purpose in relation to this Ordinance, makes any declaration or statement which to his knowledge is false in any particular shall be guilty of an offence and shall be liable to a fine at level 4.
(Amended 46 of 1990 s. 11; E.R. 3 of 2022)

19. Disclosure of information
Any person who discloses any information obtained in the exercise of any powers conferred by this Ordinance, being information with regard to any manufacturing process or trade secret, unless the disclosure was made in accordance with the directions of the Board or for the purpose of proceedings for an offence against this Ordinance, shall be guilty of an offence and shall be liable to a fine at level 4.
(Amended 46 of 1990 s. 12; E.R. 3 of 2022)

20. Continuing offences
Any person guilty of an offence against this Ordinance shall, in addition to any other penalty prescribed for such offence, be liable to a fine of $2,500 for every day during the whole or any part of which such offence is knowingly and wilfully continued.
(Amended 46 of 1990 s. 13)

21. Forfeiture
(1) A magistrate may order to be forfeited to the Government any radioactive substance or irradiating apparatus in respect of which an offence against this Ordinance has been committed, whether any person has been charged with such offence or not. (Amended 46 of 1990 s. 14; 60 of 2000 s. 3)
(2) Any radioactive substance or irradiating apparatus forfeited under subsection (1) shall be sold or otherwise disposed of in such manner as the Board directs.

### Radiation Ordinance 《輻射條例》

22. Liability of licensees
(1) Where it is proved to the satisfaction of the court that an offence against this Ordinance has been committed in respect of a radioactive substance or irradiating apparatus, a person holding a licence issued under this Ordinance in respect thereof shall be held to be liable for the offence and to the penalty provided for it, unless he proves that the offence was committed without his knowledge and that he had exercised all due diligence to prevent the commission of the offence.
(2) This section does not exempt the person who committed the offence from the penalty for the offence.
(Replaced 46 of 1990 s. 15)

23. Liability of directors, etc., where offence committed by company
Where a person by whom an offence under this Ordinance has been committed is a company, every director and every officer concerned in the management of the company shall be guilty of the like offence unless he proves that the act constituting the offence took place without his knowledge or consent.
(Added 6 of 1961 s. 5)

24. Amendment of Schedule
Subject to the approval of the Legislative Council, the Board may by order amend the Schedule.

25. Saving for other enactments
The provisions of this Ordinance shall be in addition to and not in derogation of the provisions of any other enactment relating to radioactive substances or irradiating apparatus.
(Amended 46 of 1990 s. 16)