### Dangerous Goods Ordinance 《危險品條例》

3. Application
(1) This Ordinance applies to—
(a) explosives;
(b) gases;
(c) flammable liquids or flammable solids;
(d) substances liable to spontaneous combustion;
(e) substances that, in contact with water, emit flammable gases;
(f) oxidizing substances;
(g) organic peroxides;
(h) toxic substances;
(i) infectious substances;
(j) radioactive material;
(k) corrosive substances; and
(l) any substance, material and article to which this Ordinance applies, as provided for by any regulation made under section 5(1)(a).
(2) This Ordinance does not apply—
(a) to any dangerous goods carried in the ships of war of the Chinese People’s Liberation Army or in the ships of war of any foreign state; or
(b) subject to Part III, to any dangerous goods in the possession and control of the State.
(Replaced 29 of 2021 s. 3)

4. Power of Chief Executive to give directions
(1) The Chief Executive may give such directions as he thinks fit (either generally or in any particular case) with respect to the exercise or performance by any public officer (other than a judge, a District Judge or a magistrate) of any powers, functions and duties under this Ordinance.
(2) A public officer shall, in the exercise or performance of any powers, functions and duties under this Ordinance, comply with any directions given by the Chief Executive under subsection (1).
(Added 9 of 1971 s. 5. Amended 71 of 1999 s. 3)

### Dangerous Goods Ordinance 《危險品條例》

5AA. Secretary for Security may amend Schedules to regulations
(1) Subsection (2) applies if any contents of a Schedule to a regulation made under section 5(1) relate to a matter described in—
(a) section 5(1)(a);
(b) section 5(1)(b) (except subparagraph (ii));
(c) section 5(1)(ba);
(d) section 5(1)(c);
(e) section 5(1)(d);
(f) section 5(1)(e);
(g) section 5(1)(g); or
(h) section 5(1)(i);
(2) Without limiting section 5(1), the Secretary for Security may amend the Schedule by notice published in the Gazette in so far as it relates to the matter.
(Added 29 of 2021 s. 5)

### Dangerous Goods Ordinance 《危險品條例》

5A. Codes of practice
(1) In this section, Director (處長) means the Director of Fire Services or the Director of Marine, as the case may be.
(2) For the purpose of providing practical guidance in respect of any one or more of the requirements of this Ordinance or of regulations made under this Ordinance, the Director may issue such codes of practice (whether prepared by the Director or not) as the Director considers appropriate.
(3) The Director may amend or revoke a code of practice issued by him under subsection (2).
(4) Where the Director exercises a power under subsection (2) or (3), he shall, as soon as may be reasonably practicable, publish notice thereof in the Gazette and the notice shall be in such form as the Director considers appropriate.
(5) A failure by any person to observe a provision of such a code shall not of itself cause him to incur any criminal liability, but where—
(a) in any criminal proceedings the defendant is alleged to have committed an offence either—
(i) by reason of a contravention of or a failure to comply with, whether by act or omission, this Ordinance or regulations made under this Ordinance; or
(ii) by reason of a failure to discharge or perform a duty imposed by this Ordinance or such regulations; and
(b) the matter to which the alleged contravention or failure relates is one to which, in the opinion of the court, such a code relates,
then subsection (6) shall apply as regards the proceedings.(6) In any criminal proceedings to which this subsection applies, the following namely—
(a) compliance with a provision of a code found by the court to be relevant to a matter to which a contravention or failure alleged in the proceedings relates;
(b) a contravention of or failure to comply with, whether by act or omission, any such provision so found,
may be relied on by any party to the proceedings as tending to establish or to negative any liability which is in question in the proceedings.(7) In any criminal proceedings, any document which purports to be a copy of a particular code shall, in the absence of evidence to the contrary, be regarded by the court as being a true copy of that code.
(Added 4 of 2002 s. 5 and E.R. 5 of 2021)

### Dangerous Goods Ordinance 《危險品條例》

6. Licence required for manufacture, etc. of dangerous goods
(1)  Except under and in accordance with a licence granted under this Ordinance, no person shall manufacture, store, convey or use any dangerous goods:

Provided that, except as may be otherwise provided by regulations made under section 5, nothing in this subsection shall be construed to apply to any dangerous goods— (Amended 49 of 1990 s. 38)
(a) while in the course of transit as cargo in any vessel, aircraft or vehicle; or
(b) while being loaded into or discharged from any vessel by any person or his servants or agents, licensed for that purpose under this Ordinance; or
(c) while being loaded onto or discharged from any aircraft or vehicle; or
(d) in respect of any possession of, or dealing in, such goods by any person which is authorized by a licence under section 27 of the Firearms and Ammunition Ordinance (Cap. 238) or to which that Ordinance does not apply by virtue of any provision (except sections 9 and 10) in Part II thereof. (Replaced 68 of 1981 s. 56)

(2) Without prejudice to the other provisions of this Ordinance, this section, and regulations made under section 5 which relate to licences, shall not apply to or in relation to any dangerous goods which are liquefied petroleum gas within the meaning of the Gas Safety Ordinance (Cap. 51) except to the extent, if any, specified in regulations made under that Ordinance. (Added 49 of 1990 s. 38)
(Replaced 8 of 1964 s. 4)

7. Prohibited goods
No person shall manufacture or cause to be manufactured any prohibited goods or have any prohibited goods in his possession, custody or control or in the possession, custody or control of any servant, agent or warehouse owner.
(Added 8 of 1959 s. 5)

8. Licence required for supplying labour, etc. for handling dangerous goods on vessels
No person shall hire out or supply labour, vessels or equipment for loading, discharging or moving dangerous goods on vessels except under and in accordance with a licence issued under this Ordinance.

8A. Forms of licences
(1) If a regulation made under section 5(1)(n) empowers a public officer to issue a licence, the public officer may specify the form of the licence.
(2) If the public officer specifies the form of the licence under subsection (1), the public officer must make copies of the form available—
(a) at the office of the public officer during normal office hours; and
(b) in any other way the public officer considers appropriate.
(Added 29 of 2021 s. 6)