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

14. Containers which have no safety approval plate or which have an incorrectly completed plate
(1) If a container is found to be without a safety approval plate fixed in accordance with section 10 the Director may, except where section 15 applies—
(a) by notice served on the owner, lessee or bailee of the container, prohibit the use of the container; or
(b) detain the container,
until such time as a safety approval plate has been fixed in accordance with the Convention or section 10 or permission is given under subsection (2) for the container to proceed to its destination for unloading.
(2) Where the Director—
(a) is satisfied after a visual inspection by an inspector that a container which has been prohibited from use or detained under subsection (1) does not appear to be an unsafe container; and
(b) is satisfied on the basis of evidence produced to an inspector that—
(i) the container has been approved in accordance with the Convention or this Ordinance; or
(ii) the container complies with the structural safety requirements, and test standards, specified in Annex II, (Amended 24 of 2020 s. 9)
the Director may permit the container to proceed to its destination for unloading.
(3) It shall be a condition of any permission given under subsection (2) that—
(a) the container shall be taken directly to its unloading destination and shall be unloaded as soon as is practicable; and
(b) a safety approval plate shall then be fixed to the container in accordance with the Convention or this Ordinance as soon as is practicable, and the container shall not be reloaded until this has been done.

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

15. Containers displaying an examination date that has passed
(1) If a container is found to be displaying an examination date that has passed, the Director may—
(a) by notice served on the owner, lessee or bailee of the container, prohibit the use of the container; or
(b) detain the container,
until such time as the container has been examined and updated in accordance with a procedure prescribed or approved under section 12 or permission is given under subsection (2) for the container to proceed to its destination for unloading. (Amended 14 of 2006 s. 14)
(2) Where the Director is satisfied after a visual inspection by an inspector that a container which has been prohibited from use or detained under subsection (1) does not appear to be an unsafe container, he may permit the container to proceed to its destination for unloading.
(3) It shall be a condition of any permission given under subsection (2) that—
(a) the container shall be taken directly to its unloading destination and shall be unloaded as soon as is practicable; and
(b) the container shall then be examined and updated as soon as is practicable, and shall not be reloaded until this has been done.
(4) In this section—
(a) examination date (檢驗日期) means, in relation to a container which is required under its approved examination procedure to undergo periodic examination, the date required under section 12 to be displayed on the container as being the date before which the container shall next be thoroughly examined;
(b) reference to a container being examined is a reference to the examination requirements in section 12 being met in respect of the container;
(c) reference to a container being updated is a reference to there being displayed on the container an examination date that has not passed.

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

16. Unsafe containers
(1) If a container is found to be unsafe the Director may—
(a) by notice served on the owner, lessee or bailee of the container, prohibit the use of the container; or
(b) detain the container,
until such time as any defect found in the container has been remedied or permission is given under subsection (3) for the container to be moved.
(2) The Director may in addition by notice served on the owner, lessee or bailee of the container require that person to take such steps as may be specified in the notice to remedy any defect found in the container or otherwise to remove any unnecessary risk to personal safety.
(3) Where the Director is satisfied after a visual inspection by an inspector that a container which has been prohibited from use or detained under subsection (1) can be safely moved, either to a place where it can be restored to a safe condition or to its destination, the Director may permit such movement on such conditions as he may specify.
(4) It shall be a condition of any permission given under subsection (3) that—
(a) the container shall be repaired as soon as is practicable after its permitted movement; and
(b) once unloaded, the container shall not be reloaded until any defect found in the container has been remedied.

17. Provisions supplementary to sections 14 to 16
(1) The Director may request any person who appears to be in charge of or to have custody of a container to which section 14, 15 or 16 applies, or whom he reasonably believes to have entered into any contract in relation to the use, movement or storage of such a container, to provide to the Director such information as is within his possession or to which he has access as the Director believes will or may tend to indicate the identity of the owner, lessee or bailee of the container.
(2) Where, by virtue of any failure on the part of the owner, lessee or bailee of a container to comply with the requirements imposed by section 4, there are grounds upon which the Director may take action under section 14, 15 or 16 to detain the container, then that owner, lessee or bailee shall be liable to pay to the Director the reasonable costs of any such action so taken by the Director, and those costs shall be recoverable summarily as a civil debt.
(3) In sections 14 to 16—
(a) unsafe (不安全) means, in relation to a container, having a defect which could prejudice the health or safety of any person; and
(b) reference to a container being safely moved shall be construed as reference to a container being moved in a manner so as not to prejudice the health or safety of any person.

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

17A. Offences under sections 14 to 17
(1) A person on whom a notice has been served under section 14(1), 15(1) or 16(1) in respect of a container shall not use the container, or permit it to be used, in contravention of any term of the notice.
(2) A person to whom permission is given by the Director under section 14(2), 15(2) or 16(3) in respect of a container shall not do, or permit to be done, anything in relation to the container which is contrary to any condition of that permission.
(3) No person shall, without the permission of the Director, remove any container which has been detained under section 14(1), 15(1) or 16(1).
(4) A person on whom a notice has been served under section 16(2) shall comply with the requirements specified in the notice.
(5) A person who without reasonable excuse contravenes subsection (1), (2), (3) or (4) commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 1 year.
(6) A person who without reasonable excuse fails to comply with a request made by the Director under section 17(1) commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 3 months.
(Added 14 of 2006 s. 15)

18. Appointment of inspectors
The Director may by notice in the Gazette appoint such persons as he thinks fit to be inspectors for the purposes of this Ordinance.