### Gas Safety Ordinance 《氣體安全條例》

31. Proof of certain matters
(1) For the purposes of any proceedings under this Ordinance, a document purporting to be a copy of a specified document certified by or on behalf of the Authority to be a true copy shall be received in evidence in those proceedings upon its production without further proof and, until the contrary is proved, it shall be presumed that—
(a) the document—
(i) is a true copy of the specified document; and
(ii) was certified by or on behalf of the Authority; and
(b) the specified document was issued to or served on the person stated therein.
(2) For the purposes of this section, specified document (指明文件) means any certificate, permit or other notice issued to or served on a person by or on behalf of the Authority under this Ordinance, and includes any conditions specified in such certificate, permit or notice.

32. Forfeiture
A magistrate or court may, on application by the Government, order to be forfeited any article or substance which has been seized under this Ordinance and in respect of which an offence against this Ordinance has been committed, irrespective of whether any person has been charged with such offence.

33. Limitation of time for proceedings in respect of offences
Proceedings for the prosecution of an offence against this Ordinance shall be instituted within—
(a) 6 months from the discovery of such offence by the Authority; or
(b) 6 years after the commission of such offence,
whichever is the earlier.

34. Power of Authority to specify forms
The Authority may specify the form of—
(a) any application, certificate, permit or notice required under this Ordinance to be in the approved form; and
(b) any other record or document required for the purposes of this Ordinance.

35. Service of notices
A notice required to be served under this Ordinance on a person shall be deemed to be so served if—
(a) in the case of an individual, it is—
(i) delivered to him;
(ii) left at his last known address for service; or
(iii) sent by post to him at such address;
(b) in the case of a company, it is—
(i) given to or served on an officer of the company;
(ii) left at the company’s last known address for service; or
(iii) sent by post to the company at such address; and
(c) in the case of a partnership, it is given to or served on any partner.

### Gas Safety Ordinance 《氣體安全條例》

36. Protection of public officers
(1) A public officer is not personally liable in respect of any act or omission of his if it was done or made by him in the honest belief that it was required or authorized in the exercise of any function under this Ordinance.
(2) The protection conferred on public officers by subsection (1) in respect of any act or omission shall not in any way affect any liability of the Government in tort for that act or omission. (Amended 61 of 2000 s. 3)
(3) For the purposes of this section, public officer (公職人員) includes a person assisting a public officer in the exercise of any function under this Ordinance.

37. Saving for other enactments
This Ordinance shall be in addition to, and shall not derogate from, the provisions of any other enactment relating to safety in respect of the importation, manufacture, storage, transport, supply or use of gas.

### Gas Safety (Miscellaneous) Regulations 《氣體安全(雜項)規例》

1. Citation
These regulations may be cited as the Gas Safety (Miscellaneous) Regulations.

2. Interpretation
In these regulations, unless the context otherwise requires—
flexible gas tubing (氣體接駁軟喉) means tubing which is—
(a) not rigid; and
(b) used for connecting a gas fitting directly to a supply of gas;

gas supply company (氣體供應公司) means gas supply company within the meaning of the Gas Safety (Registration of Gas Supply Companies) Regulations (Cap. 51 sub. leg. E).

3. Restriction on import and manufacture of flexible gas tubing
(1) No person shall—
(a) import; or
(b) manufacture in Hong Kong,
for use in Hong Kong, any flexible gas tubing other than such tubing which the Authority has approved, by notice in the Gazette, for such use.
(2) No person shall knowingly—
(a) sell or offer or expose for sale; or
(b) supply or offer to supply,
for use in Hong Kong, any flexible gas tubing which has been imported, or manufactured in Hong Kong, in contravention of subregulation (1).
(3) Any person who contravenes subregulation (1) or (2) commits an offence and is liable on conviction to a fine at level 3 and, in the case of a continuing offence, to a daily penalty of $1,000.(E.R. 2 of 2019)

3A. Restriction on sale, etc. of flueless gas water heaters
(1) No person shall knowingly—
(a) sell or offer or expose for sale; or
(b) supply or offer to supply,
for use in Hong Kong, any flueless gas water heater.
(2) Any person who contravenes subregulation (1) commits an offence and is liable—
(a) on first conviction to a fine at level 6 and to imprisonment for 12 months;
(b) on any subsequent conviction to a fine of $200,000 and to imprisonment for 12 months; and
(c) in the case of a continuing offence, to a daily penalty of $10,000. (L.N. 43 of 2002)
(L.N. 222 of 1999)

### Gas Safety (Miscellaneous) Regulations 《氣體安全(雜項)規例》

3B. Requirements relating to importation, etc. of domestic gas appliance
(1) No person shall, on or after 1 January 2003—
(a) import; or
(b) manufacture in Hong Kong,
for use in Hong Kong, any domestic gas appliance which burns gas to provide lighting, heating or cooling unless the appliance—
(c) is of a type or model in respect of which the person has the approval in writing of the Authority to import or manufacture; and
(d) bears the mark specified in the Schedule prominently displayed on the appliance in accordance with the colour codes, proportion and minimum dimensions specified in the Schedule.
(2) No person shall, on or after 1 January 2003, knowingly—
(a) sell, offer or expose for sale; or
(b) supply or offer to supply,
for use in Hong Kong, any domestic gas appliance—
(c) which has been imported, or manufactured in Hong Kong, in contravention of subregulation (1); or
(d) which is the subject of an approval mentioned in subregulation (1)(c) which has been withdrawn under regulation 3C on the ground mentioned in regulation 3C(a)(i)(A).
(3) Any person who contravenes subregulation (1) or (2) commits an offence and is liable—
(a) on first conviction to a fine at level 6 and to imprisonment for 12 months;
(b) on any subsequent conviction to a fine of $200,000 and to imprisonment for 12 months; and
(c) in the case of a continuing offence, to a daily penalty of $10,000.
(4) For the avoidance of doubt, it is hereby declared that an approval mentioned in subregulation (1)(c) may be subject to such reasonable conditions as the Authority thinks fit specified in the approval.
(L.N. 43 of 2002)