Page:Dangerous Goods (Amendment) Ordinance 2002.pdf/8

“Any person who contravenes—

(a) section 6 or 7 shall be guilty of an offence and shall be liable—

(i) for a first offence, to a fine at level 6 and to imprisonment for 6 months;

(ii) for a subsequent offence, to a fine of $200,000 and to imprisonment for 12 months;

(b) section 8 or 10 shall be guilty of an offence and shall be liable to a fine at level 6 and to imprisonment for 6 months”;

(b) in subsection (2), by repealing “of $1,000” and substituting “at level 3”;

(c) in subsection (3), by repealing “of $20,000” and substituting “at level 6”.

11. Section added

The following is added—

“19A. Application of IMDG Code

(1) Where dangerous goods—

(a) are being carried on board a vessel from a place outside Hong Kong to Hong Kong; or

(b) are intended to be carried on board a vessel from Hong Kong to a place outside Hong Kong,

and such goods are packed, marked and labelled in accordance with the IMDG Code, they shall be deemed to comply with the requirements of any regulations made under this Ordinance in respect of the packing, marking and labelling of such goods for conveyance by vessels or by vehicles transporting them to or from any berth where the vessel on which they have been, or will be, conveyed is located.

(2) Where dangerous goods are passing through Hong Kong as part of a journey from a place outside Hong Kong to another place outside Hong Kong and such goods are packed, marked and labelled in accordance with the IMDG Code, they shall be deemed to comply with the requirements of any regulations made under this Ordinance in respect of the packing, marking and labelling of such goods for conveyance by vessels or by vehicles across the territory.

(3) Subsection (1) also applies to dangerous goods where the vessel carrying or intended to carry such goods arrives at or departs from a port outside Hong Kong and the goods are transported by vehicle between Hong Kong and such vessel.”.