Cap. 109 sub. leg. C

Dutiable Commodities (Marking and Colouring of Hydrocarbon Oil) Regulations(Cap. 109, section 6)[6 September 1963](Format changes—E.R. 3 of 2021) 1. Citation These regulations may be cited as the Dutiable Commodities (Marking and Colouring of Hydrocarbon Oil) Regulations. (L.N. 8 of 1987) 2. Interpretation In these regulations, unless the context otherwise requires—colouring substance (染色物質) means the colouring substance specified in regulation 4; marker (標記) means the marker specified in regulation 4; (L.N. 8 of 1987; 35 of 1992 s. 12)pleasure vessel (遊樂船隻) means—(a) a vessel which is certificated for Class IV vessel under the Merchant Shipping (Local Vessels) (Certification and Licensing) Regulation (Cap. 548 sub. leg. D); or (24 of 2005 s. 55)(b) a vessel that is primarily possessed or used for pleasure purposes. (35 of 1992 s. 12)(L.N. 8 of 1987) 3. Marking and colouring of light diesel oil No light diesel oil shall be sold or supplied—(a) for marine use, other than for use as a fuel in a pleasure vessel; or (b) for industrial use, unless there has been added to the oil in the manner prescribed by the Commissioner and in the proportion specified in regulation 5, the marker and colouring substance specified in regulation 4. (35 of 1992 s. 13) 4. Marker and colouring substance (1) The marker shall be 1,4-dihydroxyanthraquinone. (L.N. 8 of 1987)(2) The colouring substance shall be C.I. Solvent Red 24 as described in the Colour Index, Second Edition (1956), compiled by the British Society of Dyers and Colourists and the American Association of Textile Chemists and Colourists. 5. Proportion of marker and colouring substance (1) The marker shall be added in the proportion of not less than 175 grams of 1,4-dihydroxyanthraquinone to every 100 kilolitres of light diesel oil. (L.N. 8 of 1987)(2) The colouring substance shall be added in the proportion of not less than 400 grams of C.I. Solvent Red 24 to every 100 kilolitres of light diesel oil. (L.N. 189 of 1982) 5A. Prohibition on using kerosene in motor vehicles or pleasure vessels No person shall—(a) use or permit the use of kerosene as a fuel in any motor vehicle or pleasure vessel; (b) sell, supply or permit the sale or supply of kerosene for the purpose of being used as a fuel in any motor vehicle or pleasure vessel; (c) place, or cause to be placed in the fuel tank of any motor vehicle or pleasure vessel any kerosene; (d) drive or be in charge of any motor vehicle which has kerosene in the fuel tank of that motor vehicle; or (e) be in charge of any pleasure vessel which has kerosene in the fuel tank of that pleasure vessel. (35 of 1992 s. 14)(L.N. 8 of 1987; 35 of 1992 s. 14) 5B. Use of marked oil (1) Subject to paragraph (2), no person shall—(a) use or permit the use of marked oil as a fuel in any motor vehicle or pleasure vessel;(b) sell, supply or permit the sale or supply of marked oil for the purpose of being used as a fuel in any motor vehicle or pleasure vessel; (c) place, or cause to be placed in the fuel tank of any motor vehicle or pleasure vessel any marked oil;(d) drive or be in charge of any motor vehicle which has marked oil in the fuel tank of that motor vehicle; or(e) be in charge of any pleasure vessel which has marked oil in the fuel tank of that pleasure vessel. (35 of 1992 s. 15)(2) Paragraph (1) does not apply to a motor vehicle—(a) that is not registered under the Road Traffic Ordinance (Cap. 374) and that is solely in industrial use;(b) that is operated by the grantee of a franchise under section 5 of the Public Bus Services Ordinance (Cap. 230) in maintaining public bus services on specified routes as defined by section 2 of that Ordinance; (L.N. 93 of 1998; 21 of 1998 s. 4; 11 of 2007 s. 36)(c) that is owned and operated by the Kowloon-Canton Railway Corporation under section 4(1)(d) of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372) in maintaining bus services within the North-west Transit Service Area; or (35 of 1992 s. 15; 11 of 2007 s. 36)(d) that is operated by the MTR Corporation Limited in maintaining bus services within the North-west Transit Service Area referred to in subparagraph (c) during the Concession Period within the meaning of section 2(1) of the Mass Transit Railway Ordinance (Cap. 556). (11 of 2007 s. 36; E.R. 3 of 2021)(L.N. 8 of 1987; 35 of 1992 s. 15) 5C. Defence to charges under regulation 5A or 5B (1) It shall be a defence for any person charged with contravening regulation 5A(a), (d) or (e) or 5B(1)(a), (d) or (e) to prove that he did not know and could not by the exercise of reasonable diligence have ascertained that kerosene or, as the case may be, marked oil was in the fuel tank of the motor vehicle or pleasure vessel. (2) It shall be a defence for any person charged with contravening regulation 5A or 5B in respect of a pleasure vessel to prove—(a) that none of the inlets to the fuel tank of the vessel was marked with the statement referred to in regulation 12A; and (b) that he did not know and could not by the exercise of reasonable diligence have ascertained that the vessel was primarily possessed or used (as the case may be) for pleasure purposes. (35 of 1992 s. 16)(L.N. 8 of 1987; 35 of 1992 s. 16) 6. (Repealed L.N. 8 of 1987) 7. (Repealed L.N. 8 of 1987) 8. Samples Any police officer or member of the Customs and Excise Service may take a sample of any fuel from the fuel tank of any motor vehicle or of any pleasure vessel for the purposes of an examination by himself as to its colour and, where the sample appears to be marked or coloured, of analysis by a Government Chemist. (L.N. 8 of 1987; L.N. 454 of 1996) 9. Prohibition with regard to marker and colouring substance No person shall—(a) add any marker or colouring substance to any light diesel oil except with the permission of the Commissioner; (L.N. 294 of 1982) (b) add to any light diesel oil any substance which is calculated to impede the identification of any marker or colouring substance; (L.N. 162 of 1969) (c) remove any marker or colouring substance from any marked oil; (L.N. 8 of 1987) (d) import, buy, sell or otherwise deal in, or have in his possession or under his control, any light diesel oil to which has been added any substance which is calculated to impede the identification of any marker or colouring substance or from which any marker or any colouring substance has been removed; (L.N. 162 of 1969; E.R. 3 of 2021) (e) import any light diesel oil which contains any marker or colouring substance. (L.N. 454 of 1996) 10. Storage of marked oil All marked oil shall be stored separately from other hydrocarbon oil. (L.N. 8 of 1987) 11. Marking of container, etc., of marked oil As and when the Commissioner requires, any drum, storage tank, delivery pump or other container or outlet which contains marked oil shall be conspicuously marked “MARKED OIL IS NOT TO BE USED FOR THE PROPULSION OF MOTOR VEHICLES OR PLEASURE VESSELS” and “有標記油類不得用作推動汽車或遊樂船隻的燃料”. (L.N. 294 of 1982; L.N. 8 of 1987; 35 of 1992 s. 17; L.N. 454 of 1996; L.N. 254 of 1997) 12. Delivery of marked oil No person shall deliver marked oil to any other person without also delivering a note bearing the statement “MARKED OIL IS NOT TO BE USED FOR THE PROPULSION OF MOTOR VEHICLES OR PLEASURE VESSELS” and “有標記油類不得用作推動汽車或遊樂船隻的燃料”. (L.N. 8 of 1987; 35 of 1992 s. 18: L.N. 454 of 1996; L.N. 254 of 1997) 12A. Marking of fuel inlet of pleasure vessel No person shall possess, or use in the waters of Hong Kong, a pleasure vessel—(a) which is certificated as a Class IV vessel under the Merchant Shipping (Local Vessels) (Certification and Licensing) Regulation (Cap. 548 sub. leg. D); and (24 of 2005 s. 55)(b) which has a diesel engine for its propulsion, unless the following statement is conspicuously marked immediately next to each inlet to the fuel tank of that vessel: “NO KEROSENE OR MARKED OIL IS TO BE PLACED IN THIS FUEL TANK” and “此油缸不得注入火水或有標記油類”. (35 of 1992 s. 19; L.N. 454 of 1996) 13. Offences and penalties (1) Any person who contravenes regulation 3, 5, 10, 11, 12 or 12A commits an offence and is liable to a fine at level 5 and to imprisonment for 6 months.(2) Any person who contravenes regulation 5A, 5B or 9 commits an offence and is liable to a fine of $1,000,000 and to imprisonment for 2 years. (57 of 2000 s. 11)(L.N. 8 of 1987; 35 of 1992 s. 20; L.N. 338 of 1995; L.N. 454 of 1996; 67 of 1997 s. 4)