Page:Dangerous Goods (Shipping) Regulation 2012 (Cap. 295F).pdf/15

This page has been proofread, but needs to be validated.

Dangerous Goods (Shipping) Regulation 2012

Part 2
L.N. 56 of 2012
Section 11
B2465

(3) A person must not include any particulars in the manifest which the person knows or has reason to believe to be—

(a) false in any material particular; or
(b) misleading by reason of the omission of any material particular.

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

(5) A person who contravenes subsection (3) commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 2 months.

11. Loading or unloading Class 1 dangerous goods onto or from type 1 vessels

(1) Unless the Director otherwise permits, 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) the western dangerous goods anchorage; 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 or 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.