### Dangerous Goods (Consignment by Air) (Safety) Regulations 《危險品(航空托運)(安全)規例》

1. Citation
These regulations may be cited as the Dangerous Goods (Consignment by Air) (Safety) Regulations.

2. Interpretation
In these regulations, unless the context otherwise requires—
cargo (貨物) means any article carried on an aircraft other than—
(a) mail; and (L.N. 141 of 2011)
(b) (Repealed L.N. 141 of 2011)(c) accompanied or mishandled baggage; (L.N. 193 of 2007)

consignor (托運人) means a person who consigns dangerous goods for carriage by air;
declared dangerous goods (已申報危險品) means dangerous goods accompanied by the documents required by regulation 6(1); (L.N. 75 of 2006)
freight forwarder (貨運代理人) means a person who offers the service of arranging the carriage of goods by air; (L.N. 75 of 2006)
mail (郵件) means letters and other articles delivered, or intended to be delivered, by postal services in accordance with the rules of the Universal Postal Union; (L.N. 193 of 2007)
operator (經營人) means the operator of an aircraft;
shipper (付運人) means a person, other than a freight forwarder, who offers dangerous goods for carriage by air;
stores (供應品) means—
(a) goods which—
(i) whether or not sold, are intended for consumption by the passengers and the crew on board an aircraft; or
(ii) are necessary for the operation and maintenance of an aircraft; or
(b) goods for sale to the passengers and the crew on board an aircraft which are intended to be landed from the aircraft; (L.N. 193 of 2007)

Technical Instructions (技術指令) means the edition of the Technical Instructions specified in Part 1 of the Schedule.
(E.R. 1 of 2012)

3. Meaning of consign, etc.
For the purposes of these regulations a person consigns dangerous goods for carriage by air if—
(a) being a shipper, he offers the goods to an operator or freight forwarder; or
(b) being a freight forwarder, he offers the goods to an operator or to another freight forwarder,
for carriage by air.

### Dangerous Goods (Consignment by Air) (Safety) Regulations 《危險品(航空托運)(安全)規例》

4. Dangerous goods to comply with Technical Instructions
(1) Subject to paragraph (2), no dangerous goods shall be consigned for carriage by air unless—
(a) the goods are of a category which is not prohibited to be carried by air by the provisions of the Technical Instructions specified for the purposes of this sub-paragraph in Part 2 of the Schedule;
(b) the goods are classified and packed in accordance with the provisions of the Technical Instructions specified for the purposes of this sub-paragraph in Part 2 of the Schedule;
(c) the packagings used are in accordance with such of the provisions of the Technical Instructions specified for the purposes of this sub-paragraph in Part 2 of the Schedule as apply to the goods;
(d) any package containing the dangerous goods is marked and labelled in accordance with the provisions of the Technical Instructions specified for the purposes of this sub-paragraph in Part 2 of the Schedule;
(e) the provisions of the Technical Instructions specified for the purposes of this sub-paragraph in Part 2 of the Schedule are complied with in respect of any dangerous goods, package or packaging;
(f) any package containing the dangerous goods is in a fit condition for carriage by air; and
(g) the goods are declared dangerous goods. (L.N. 75 of 2006)
(2) Paragraph (1) shall not apply to dangerous goods—
(a) consigned for carriage by air on any aircraft belonging to or exclusively employed in the service of the Government or on the naval, military or air force aircraft of any country; or
(b) of a type described in the provisions of the Technical Instructions specified for the purposes of this sub-paragraph in Part 2 of the Schedule, to the extent and in the circumstances described in those provisions.
(3) Subject to paragraph (4), where paragraph (1) is contravened—
(a) any consignor of the goods; and
(b) if the contravention relates to any act or function performed by another person for or on behalf of any consignor, that person,

commits an offence and is liable—
(i) on conviction on indictment to a fine of $250,000 and to imprisonment for 2 years; or
(ii) on summary conviction to a fine at level 5 and to imprisonment for 1 year.
(4) A person shall not be convicted of an offence under paragraph (3) if he satisfies the court or magistrate that—
(a) the act or omission constituting the contravention occurred without his knowledge or consent; and
(b) he could not, by the exercise of reasonable supervision and reasonable diligence, have prevented the occurrence of that act or omission.
(E.R. 1 of 2012)

### Dangerous Goods (Consignment by Air) (Safety) Regulations 《危險品(航空托運)(安全)規例》

5. Packaging to comply with Technical Instructions
(1) No person shall label, mark, certify or offer any packaging as meeting the requirements of the Technical Instructions unless the packaging is made, marked, labelled, maintained, reconditioned or repaired in accordance with the provisions of the Technical Instructions specified for the purposes of this paragraph in Part 2 of the Schedule.
(2) Any person who contravenes paragraph (1) commits an offence and is liable—
(a) on conviction on indictment to a fine of $250,000 and to imprisonment for 2 years; or
(b) on summary conviction to a fine at level 5 and to imprisonment for 1 year.
(E.R. 1 of 2012)

6. Documents required
(1) For the purposes of these regulations the documents to be completed in respect of dangerous goods are—
(a) an air waybill; and
(b) a dangerous goods transport document, except that such a document shall not be required in respect of such categories of dangerous goods as may be specified in the Technical Instructions as being goods in respect of which a dangerous goods transport document is not required.
(2) An air waybill required by paragraph (1)(a) shall—
(a) refer to the particular dangerous goods transport document completed in respect of the dangerous goods; and
(b) specify where appropriate that the dangerous goods are of a category or in a quantity required by the Technical Instructions to be loaded in and carried in a cargo aircraft only.
(3) A dangerous goods transport document required by paragraph (1)(b) shall be completed by the shipper and shall—
(a) classify and describe the dangerous goods in accordance with the requirements of the provisions of the Technical Instructions specified for the purposes of this sub-paragraph in Part 2 of the Schedule; and
(b) contain a certification signed by or on behalf of the shipper in the terms set out in the provisions of the Technical Instructions specified for the purposes of this sub-paragraph in Part 2 of the Schedule. (L.N. 141 of 2011)
(4) A copy of the air waybill and dangerous goods transport document in respect of any dangerous goods shall be retained by the consignor of the goods, or by each consignor if there are more than one, for a period of not less than 6 months commencing on the date on which the goods are first consigned.
(5) A consignor who without reasonable excuse contravenes paragraph (4) commits an offence and is liable to a fine at level 4 and to imprisonment for 6 months.
(E.R. 1 of 2012)