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The following order and regulation will be gazetted on October 21 and tabled in the Legislative Council on October 26:
(a) the Air Navigation (Hong Kong) Order 1995 (Amendment of Schedule 16) Order 2011; and
(b) the Dangerous Goods (Consignment by Air) (Safety) (Amendment) Regulation 2011.
The former seeks to implement the latest requirements of the International Civil Aviation Organisation (ICAO) for the safe transport of dangerous goods (DG) by air, a spokesperson for the Transport and Housing Bureau said today (October 19). The aviation industry has been consulted and generally supports the legislative proposals.
The spokesperson added, "The requirements are set out in a new edition (i.e. the 2011-12 edition) of the ICAO's Technical Instructions for the Safe Transport of Dangerous Goods by Air."
The latter seeks to amend the references made to the provisions of the Technical Instructions in the Dangerous Goods (Consignment by Air) (Safety) Regulations.
The more significant changes in the 2011-12 edition aim to:
(a) add a new general exception to specify that the Technical Instructions do not apply to items of excess baggage being sent as cargo subject to certain conditions;
(b) require operators of passenger aircraft to provide DG information to passengers on the website prior to the check-in process;
(c) require operators of aircraft to provide DG information to cargo reservations and sales staff as well as passenger reservations and sales staff in addition to cargo acceptance and passenger check-in staff, so as to prevent "hidden" DG (i.e. DG inadvertently sent as check-in luggage or general cargo); and
(d) require operators of passenger aircraft to provide information of DG forbidden to be taken on board aircraft to passengers at the time of ticket purchase instead of at the time of ticket issuance with effect from January 1, 2013. Such information also has to be provided if the check-in process is done remotely (e.g. via the Internet) or at the airport by a passenger without the involvement of any other person (e.g. using the automated check-in facility).
The opportunity is taken to replace the word "declaration" in Regulation 6(3)(b) and Regulation 7 of the Dangerous Goods (Consignment by Air) (Safety) Regulations with "certification", so as to make it clear that the "certification" contained in the relevant DG transport document is not a "declaration" within the meaning of section 13 of the Oaths and Declarations Ordinance. This would pave the way for electronic filing of the DG transport document in the future when the references to the same in the Electronic Transactions (Exclusion) Order are removed.
The target commencement date of the above legislative amendments (except those relating to (d) above) is January 1, 2012.
Dangerous goods in the context of air transport include explosives, compressed gas, flammable liquids, flammable solids, oxidising substances, toxic substances, infectious substances, radioactive material and corrosives.
Ends/Wednesday, October 19, 2011
Issued at HKT 16:33
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