### Entertainment Special Effects Ordinance 《娛樂特別效果條例》

26. Power to make regulations
(1) With the approval of the Secretary, the Authority may by regulation provide for—
(a) requirements in respect of an application for—
(i) a special effects operator licence;
(ii) a pyrotechnic special effects materials supplier licence;
(iii) a store licence;
(iv) a discharge permit;
(v) a conveyance permit;
(b) the classification of special effects operator licences, store licences and discharge permits;
(c) the procedures and any matter ancillary or related to the registration of pyrotechnic special effects materials, the variation and cancellation thereof;
(d) exemptions from the operation of this Ordinance or any part thereof;
(e) a list of special effects materials, to be called the Special Effects Materials List specifying the pyrotechnic special effects materials and non-pyrotechnic special effects materials;
(f) the control of and the safety precautions which shall be taken in relation to the supply, conveyance, storage, use and destruction of special effects materials;
(g) the manner in which any pyrotechnic special effects materials shall be packed;
(h) the label to be attached to any drum, tin, case or other package containing pyrotechnic special effects materials and the notices to be affixed to any premises or containers containing pyrotechnic special effects materials and other methods of marking such materials, premises or containers;
(i) information to be furnished to the Authority in respect of special effects materials carried or to be loaded on any vessel, vehicle, train or aircraft, and the nature of such information;
(j) the records and other documents to be kept and maintained, returns to be made and information and particulars to be given by a person applying for or holding a licence or permit;
(k) procedures and particulars to be furnished for the reporting and subsequent actions to be taken in respect of any incident or accident or emergency involving special effects materials for the production of entertainment special effects;
(l) the terms and conditions that may be attached to any licence or permit issued under this Ordinance;
(m) the period for which any licence and permit shall be valid;
(n) the fees payable in respect of any examination or assessment that may be required for the issue or alteration of a special effects operator licence;
(o) the fees payable in respect of the issue, renewal, certification, replacement or alteration of any licence and permit and the exemption thereof; and
(p) the better carrying out of the provisions of this Ordinance.
(2) Unless otherwise expressly provided in this Ordinance, any regulation made under this section may provide that a contravention of any provisions therein shall be an offence and may prescribe penalties for such offence not exceeding a fine at level 6 and imprisonment for 6 months.

### Entertainment Special Effects Ordinance 《娛樂特別效果條例》

27. Approval of codes of practice by the Authority
(1) For the purpose of providing practical guidance in respect of any requirements under this Ordinance, the Authority may—
(a) approve and issue such codes of practice (whether prepared by him or not) as in his opinion are suitable for that purpose; and
(b) approve such codes of practice issued or proposed to be issued otherwise than by him as in his opinion are suitable for that purpose.
(2) A code of practice—
(a) may consist of a code, standard, rule, specification or any other documentary form of practical guidance prepared by the Authority or other body or authority; and
(b) may apply, incorporate or refer to any document that has been formulated or published by a body or authority either as in force at the time when the document is approved by the Authority or as amended, formulated or published from time to time.
(3) Where a code of practice is approved under subsection (1), the Authority shall, by notice in the Gazette—
(a) identify the code concerned and specify the date on which its approval is to take effect; and
(b) specify for which requirements under this Ordinance the code is so approved.
(4) The Authority may—
(a) from time to time revise the whole or any part of any code of practice prepared by him under this section; and
(b) approve any revision or proposed revision of the whole or any part of any code of practice for the time being approved under this section,
and the provisions of subsection (3) shall, with the necessary modifications, apply in relation to any approval or revision under this subsection as they apply in relation to the approval of a code of practice under subsection (1).
(5) The Authority may at any time withdraw his approval from any code of practice approved under this section.
(6) Where under subsection (5) the Authority withdraws his approval from a code of practice approved under this section, he shall, by notice in the Gazette, identify the code concerned and specify the date on which its approval is to cease to have effect.
(7) References in this Ordinance to an approved code of practice are references to that code as it has effect for the time being by virtue of any revision of the whole or any part of it approved under this section.
(8) The power of the Authority under subsection (1)(b) to approve a code of practice issued or proposed to be issued otherwise than by him shall include power to approve a part of such a code and, accordingly, in this Ordinance, code of practice may be read as including a part of such a code.

### Entertainment Special Effects Ordinance 《娛樂特別效果條例》

28. Effect of codes of practice
(1) Failure on the part of any person to observe any provision of a code of practice shall not of itself render that person liable to criminal proceedings of any kind.
(2) However, if, in any legal proceedings, whether civil or criminal and including proceedings for an offence under this Ordinance, the court is satisfied that a provision of a code of practice is relevant to determining a matter that is in issue in the proceedings—
(a) the code of practice is admissible in evidence in the proceedings; and
(b) proof that the person contravened or did not contravene a relevant provision of the code may be relied on by any party to the proceedings as tending to establish or negate that matter.
(3) In any legal proceedings, a code of practice which appears to a court to be the subject of a notice under section 27(3) shall, in the absence of evidence to the contrary, be taken to be the subject of such notice.
(4) In any legal proceedings, a document that purports to be a copy of a code of practice identified in the Gazette under section 27(3) is, in the absence of evidence to the contrary, to be presumed to be a true copy of the code.
(5) A code of practice is not subsidiary legislation for the purposes of Part V of the Interpretation and General Clauses Ordinance (Cap. 1).

### Entertainment Special Effects Ordinance 《娛樂特別效果條例》

30. Inspection of special effects materials, etc.
(1) The Authority and any public officer referred to in section 29(1) may require any person holding a licence or permit issued under this Ordinance to produce—
(a) any special effects materials to which the licence or permit, as the case may be, are related;
(b) any equipment relating to the production of entertainment special effects;
(c) any document or record kept in respect of the licence or permit.
(2) Any person who fails to comply with any of the requirements under subsection (1) commits an offence and is liable to a fine at level 2.

31. Removal of special effects materials in contravention of regulations
Where any special effects materials are used, conveyed, stored or are otherwise dealt with contrary to any regulations made under section 26, any officer referred to in section 29(1) may cause such special effects materials to be removed, at the expense of the owner thereof, to a place that is in conformity with the regulations, and all expenses incurred in such removal, including the cost of any transportation and storage, shall be recoverable as a civil debt due to the Government.

32. Disposal of pyrotechnic special effects materials
(1) Where any pyrotechnic special effects materials have been seized, whether pursuant to section 29 or otherwise, any officer of the Authority not below the rank of Explosives Officer II or any police officer not below the rank of inspector or any officer of the Explosives Ordnance Disposal Bureau of the police force may dispose of such materials or may cause such materials to be disposed of if such officer is of the opinion that the materials are very likely to give rise to an imminent explosion of a nature likely to endanger life or cause serious injury to property.
(2) Where any pyrotechnic special effects materials seized pursuant to section 29 have been disposed of pursuant to subsection (1), the owner or any person in charge of the materials is not entitled to claim the return of the materials, or the cost of replacement or damages or any consequential loss.