### Freight Containers (Safety) Ordinance 《運貨貨櫃(安全)條例》

10A. Removal of safety approval plate
(1) An owner of a container or, where section 4(2) applies, the bailee or lessee of the container, shall remove the safety approval plate fixed to the container if—
(a) the container has been modified in a manner—
(i) which would make it unable to meet the structural safety requirements, and test standards, specified in Annex II; and (Amended 24 of 2020 s. 8)
(ii) which would render the information on the safety approval plate incorrect or inaccurate in a material respect;
(b) the container is removed from service and it—
(i) is not properly maintained within the meaning of section 11; or
(ii) is not examined in accordance with a procedure prescribed or approved under section 12; or
(c) the approval issued in respect of the container ceases to be valid under section 9(2) or (3).
(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 1 year.
(3) It shall be a defence to any proceedings under subsection (2) for contravention of subsection (1) that at the time of the contravention a bailment or lease was in force in respect of the container and—
(a) in the case of an owner, that it was an express term of the bailment or lease that the bailee or lessee, as the case may be, should be responsible for ensuring compliance with subsection (1);
(b) in the case of a bailee, that he had become a bailor under a further bailment and that it was an express term of the further bailment that the further bailee should be responsible for ensuring compliance with subsection (1);
(c) in the case of a lessee, that he had become a lessor under a further lease and that it was an express term of the further lease that the further lessee should be responsible for ensuring compliance with subsection (1).
(Added 14 of 2006 s. 11)

11. Maintenance of containers
(1) A container is properly maintained if it is maintained in a safe condition.
(2) For the purposes of subsection (1) a container shall be deemed not be in a safe condition unless it is in an efficient state, in efficient working order and in good repair.

### Freight Containers (Safety) Ordinance 《運貨貨櫃(安全)條例》

12. Examination of containers
(1) For the purposes of this Ordinance, the Director may— (Amended 14 of 2006 s. 12)
(a) in relation to any container or class of containers that is approved under section 5 or 6, by order in the Gazette, prescribe; or
(b) in relation to any container or class of containers that is issued with an approval referred to in section 5, 6 or 7, by a notice in writing to the applicant in an application under section 13, approve,
a procedure for the examination of the container or containers, and in this Ordinance (except in subsection (4)) reference to an examination procedure, or to an approved examination procedure, is a reference to a procedure so prescribed or approved. (Amended 14 of 2006 s. 12)
(2) An approved examination procedure shall provide for examination of the container at intervals or for its continuous examination and shall specify—
(a) the procedures comprising the examination;
(b) in the case of a scheme for periodic examination, the maximum intervals between examinations; and
(c) any circumstances in which the container shall be examined.
(3) There shall be clearly marked on every container, either on or as close as practicable to the safety approval plate, all matters which the examination procedure in relation to the container requires to be marked.
(4) Where—
(a) the owner, bailee or lessee is—
(i) resident in; or
(ii) established or incorporated in,
a contracting party other than Hong Kong; and
(b) the government of that contracting party or a person authorized by the government to act on its behalf has prescribed or approved an examination procedure in relation to a container for the purposes of the Convention,
an examination carried out in accordance with that procedure shall be deemed to be an examination carried out in accordance with a procedure prescribed or approved under subsection (1). (Replaced 14 of 2006 s. 12)
(4A) In subsection (4), contracting party (締約方) means—
(a) a country the government of which has ratified, accepted, approved or acceded to the Convention; or
(b) a place to which the Convention applies. (Added 14 of 2006 s. 12)

(5) In this section a reference to the examination of a container is a reference to its examination for the purpose of determining whether the container has any defect which could result in prejudice to the health or safety of any person.

### Freight Containers (Safety) Ordinance 《運貨貨櫃(安全)條例》

13. Applications for approval of examination procedures
(1) The owner or, where section 4(2)(c) applies, the bailee or lessee of a container specified in subsection (1A) may in writing apply to the Director for approval under section 12(1)(b) of a proposed examination procedure in relation to the container. (Replaced 14 of 2006 s. 13)
(1A) An application made under subsection (1) in respect of a container (whether manufactured or used in or outside Hong Kong) may be made by—
(a) an owner, bailee or lessee whose container—
(i) is approved under section 5; or
(ii) is manufactured in accordance with a design type approved under section 6;
(b) an owner, bailee or lessee who is—
(i) resident in Hong Kong; or
(ii) established or incorporated in Hong Kong; or
(c) an owner, bailee or lessee who is—
(i) resident in; or
(ii) established or incorporated in,

a country or place the government of which has not made any arrangement for prescribing or approving an examination procedure in relation to containers for the purposes of the Convention. (Added 14 of 2006 s. 13)
(2) An application under subsection (1) shall—
(a) contain or be accompanied by the information or documents specified by the Director by notice published in the Gazette; and
(b) be accompanied by the prescribed fee. (Replaced 14 of 2006 s. 13)
(2A) A notice under subsection (2) is not subsidiary legislation. (Added 14 of 2006 s. 13)
(3) On an application under this section the Director shall—
(a) if he considers that the examination procedure proposed in the application would be effective in determining whether the container has any defect which could result in prejudice to the health or safety of any person, approve the examination procedure; or
(b) refuse the application.