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

13. Exemptions from section 10
(1) Section 10 shall not apply where—
(a) the discharge of special effects materials is carried out—
(i) by a licensed special effects operator; and
(ii) in the presence of a public officer or person authorized by the Authority; and
(iii) for the purpose of demonstrating or assessing the effects of any such materials, or, where the special effects materials in question are pyrotechnic special effects materials, for the purpose of applying for any such materials to be registered and included in the register;
(b) the special effects materials in question are of deteriorated or damaged pyrotechnic special effects materials and the discharge is carried out—
(i) by a licensed special effects operator; and
(ii) purely for the destruction of such materials; and
(iii) in compliance with the prescribed requirements;
(c) the special effects materials in question are non-pyrotechnic special effects materials and—
(i) the quantity of each of the special effects material in question does not exceed the prescribed quantity; and
(ii) the discharge complies with other prescribed conditions; or
(d) the circumstances referred to in section 8(a) or (b) apply.
(2) Nothing in this section shall be deemed to exempt a licensed special effects operator from the requirement to comply with the terms and conditions of his licence.

14. Pyrotechnic special effects materials to be registered
(1) Subject to section 15 and unless otherwise approved by the Authority in writing, no person shall supply, convey, store, or use any pyrotechnic special effects material in Hong Kong unless that material has been registered and included in the register under section 16(2) or 17(2).
(2) Any person who contravenes subsection (1) commits an offence and is liable—
(a) on a first conviction to a fine at level 6 and to imprisonment for 6 months; and
(b) on a second or subsequent conviction to a fine of $200,000 and to imprisonment for 12 months.
(3) It shall be a defence to a charge under subsection (2) for the person charged to prove that he did not know and could not with reasonable diligence have known that the material in question had not been registered or had not been included in the register.

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

15. Pyrotechnic special effects materials in transit, etc.
(1) Section 14 shall not apply to the conveyance of pyrotechnic special effects materials that are—
(a) in transit;
(b) air transhipment cargoes within the meaning of section 2 of the Import and Export Ordinance (Cap. 60).
(2) For the purposes of subsection (1)(a), a pyrotechnic special effects material is in transit if—
(a) it is brought into Hong Kong solely for the purpose of taking it out of Hong Kong; and
(b) it remains at all times in or on the vessel, aircraft or vehicle in or on which it is brought into Hong Kong.

16. Application for registration
(1) An application for the registration of a pyrotechnic special effects material shall be made to the Authority—
(a) in such form and manner; and
(b) be accompanied by such documents and particulars,
as the Authority may require.
(2) Where the application under subsection (1) is approved, the Authority shall include the pyrotechnic special effects material to which the application relates in a register.

17. Register
(1) The Authority shall cause a register to be kept in such form and containing such information respecting registered pyrotechnic special effects materials as he thinks fit.
(2) Apart from pyrotechnic special effects materials which have been registered and included in the register under section 16(2), the Authority may of his own accord register and enter such pyrotechnic special effects materials in the register as he thinks fit.
(3) The Authority shall make the register available for public inspection subject to such conditions as he thinks fit.

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

18. Restriction on supply, etc. of pyrotechnic special effects materials
(1) Subject to section 14 and subsections (2) and (3), no person shall—
(a) supply; or
(b) offer; or
(c) expose for supply,
any pyrotechnic special effects materials except under and in accordance with a pyrotechnic special effects materials supplier licence unless otherwise approved by the Authority.
(2) Unless otherwise approved by the Authority, a licensed supplier shall not supply or offer or expose for supply any pyrotechnic special effects materials to any person except—
(a) another licensed supplier; or
(b) a licensed special effects operator.
(3) Notwithstanding subsections (1) and (2), a licensed supplier shall not supply or offer or expose for supply any pyrotechnic special effects materials to the persons referred to in subsection (2)(a) and (b) unless the terms and conditions of their supplier licences or special effects operator licences, as the case may be, permit them to supply or use those pyrotechnic special effects materials.
(4) Any person who contravenes subsection (1) commits an offence and is liable—
(a) on a first conviction to a fine at level 6 and to imprisonment for 6 months; and
(b) on a second or subsequent conviction to a fine of $200,000 and to imprisonment for 12 months.
(5) Any person who contravenes subsection (2) commits an offence and is liable—
(a) on a first conviction to a fine at level 5 and to imprisonment for 1 month; and
(b) on a second or subsequent conviction to a fine at level 6 and to imprisonment for 3 months.
(6) Any person who contravenes subsection (3) commits an offence and is liable—
(a) on a first conviction to a fine at level 4; and
(b) on a second or subsequent conviction to a fine at level 5 and to imprisonment for 1 month.