Page:Dangerous Goods (Shipping) Regulation 2012 (Cap. 295F).pdf/16

Dangerous Goods (Shipping) Regulation 2012 Part 2 Section 12 12. Loading or unloading of freight containers containing dangerous goods (other than Class 1 dangerous goods) onto or from type 1 vessels

(1) Unless the Director otherwise permits, freight containers containing dangerous goods (other than Class 1 dangerous goods) must not be loaded onto or unloaded from a type 1 vessel at any place within the waters of Hong Kong other than at—
 * (a) an approved container terminal; or
 * (b) a place that the Director may from time to time direct.

(2) If subsection (1) is contravened, the master of the vessel commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 3 months.

(3) It is a defence to a charge under subsection (2) if the person charged proves that—
 * (a) the offence was committed without the person’s consent or connivance; and
 * (b) having regard to all the circumstances, the person exercised all the due diligence that the person ought to have exercised to prevent the commission of the offence.