(Cap 311 section 43) [Sections 2 to 6］ 25 June 1994 Section 7 1 April 1995 L.N. 379 of 1994] (L.N. 196 of 1994) Cap 311L s 1 (Omitted as spent) PART I PRELIMINARY (Omitted as spent) (Enacted 1994) Cap 311L s 2 Interpretation In this Regulation, unless the context otherwise requires- "cetane number" (十六烷值) means the cetane number of diesel determined by the test procedure of the International Organization for Standardization commonly known as ISO 5165; (L.N. 15 of 2002) "fuel additive" (燃料添加剂) means any substance, other than fuel , which is designed to be added to the fuel tank, the fuel supply system, or the combustion space of the engine of a motor vehicle; (L.N. 35 of 1999) "leaded petrol" (含铅汽油) means any petrol other than unleaded petrol; "light diesel oil" (轻柴油) has the same meaning as in section 69 of the Dutiable Commodities Ordinance (Cap 109); "motor octane number" (马达法辛烷值) means the motor octane number of petrol determined by the test procedure of the European Standards commonly known as EN 25163; (L.N. 15 of 2002) "motor vehicle diesel" (汽车柴油) means any light diesel oil which complies with the specifications as specified in Schedule 1; "motor vehicle diesel retailer" (汽车柴油零售商) means a person who sells, or offers for sale, motor vehicle diesel by retail to the public at large for use in motor vehicles; "motor vehicle diesel supplier" (汽车柴油供应商) means a person who, in the course of business, supplies or distributes motor vehicle diesel but does not include a motor vehicle diesel retailer; "petrol supplier" (汽油供应商) means a person who, in the course of business, supplies or distributes petrol but does not include a petrol retailer; "research octane number" (研究法辛烷值) means the research octane number of petrol determined by the test procedure of the European Standards commonly known as EN 25164; (L.N. 15 of 2002) "unleaded petrol" (无铅汽油) means any petrol which complies with the specifications as specified in Schedule 2. Cap 311L s 3 Supplying or selling leaded petrol PART II LEADED PETROL AND UNLEADED PETROL (1) Any petrol supplier who knowingly supplies or distributes leaded petrol commits an offence and is liable to a fine at level 5. (2) Any petrol retailer who knowingly sells or offers for sale leaded petrol commits an offence and is liable to a fine at level 5. (3) For the purposes of any proceedings under subsection (1), the petrol supplier charged shall, until the contrary is proved, be presumed to have known that the petrol he supplied or distributed was leaded petrol. (4) For the purposes of any proceedings under subsection (2), the petrol retailer charged shall, until the contrary is proved, be presumed to have known that the petrol he sold or offered for sale was leaded petrol. (5) A petrol retailer does not commit an offence under subsection (2) if he proves that- (a) he purchased, or otherwise obtained, the petrol with a warranty or other written evidence from a petrol supplier that the petrol was unleaded petrol; and (b) at the time of the alleged offence, the petrol was in the same state that it was in at the time of delivery to him. (L.N. 35 of 1999) Cap 311L s 4 (Repealed L. N. 35 of 1999) Cap 311L s 5 Dimension of petrol pump dispensing nozzle spout (1) A petrol retailer shall ensure that every petrol pump installed or operated on his premises shall be fitted with a dispensing nozzle spout which has an outside diameter of not more than 21.3 mm. (2) Any petrol retailer who, without reasonable excuse, fails to comply with subsection (1) commits an offence and is liable to a fine at level 5 and in addition, if the offence is a continuing offence, to a fine of $5000 for each day during which it is proved to the satisfaction of the court that the offence has continued. (Enacted 1994. L.N. 35 of 1999) Cap 311L s 6 (Repealed L.N. 35 of 1999) Cap 311L s 7 Supplying or selling motor vehicle diesel PART III MOTOR VEHICLE DIESEL (1) Any motor vehicle diesel supplier who knowingly supplies or distributes any substance (which is not motor vehicle diesel) as motor vehicle diesel commits an offence and is liable to a fine at level 5. (2) Subject to subsection (3), any motor vehicle diesel retailer who knowingly sells or offers for sale- (a) any substance (which is not motor vehicle diesel) as motor vehicle diesel; or (b) any mixture of motor vehicle diesel and other substance (which is not motor vehicle diesel) as motor vehicle diesel,commits an offence and is liable to a fine at level 5. (3) A motor vehicle diesel retailer does not commit an offence under subsection (2)(a) or (b) if he proves that- (a) he purchased, or otherwise obtained, the diesel or other substance with a warranty or other written evidence from a motor vehicle diesel supplier that the diesel or other substance was motor vehicle diesel; and (b) at the time of the alleged offence the diesel or other substance was in the same state that it was in at the time of delivery to him. (Enacted 1994. L.N. 35 of 1999) Cap 311L s 8 Supplying or selling fuel additives containing lead PART IV FUEL ADDITIVES (1) Any person who knowingly supplies or distributes any fuel additive containing any amount of lead whatsoever commits an offence and is liable to a fine at level 5. (2) Any person who knowingly sells or offers for sale any fuel additive containing any amount of lead whatsoever commits an offence and is liable to a fine at level 5. (3) For the purposes of any proceedings under subsection (1), the person charged shall, until the contrary is proved, be presumed to have known that the fuel additive he supplied or distributed contained lead. (4) For the purposes of any proceedings under subsection (2), the person charged shall, until the contrary is proved, be presumed to have known that the fuel additive he sold or offered for sale contained lead. (5) A person does not commit an offence under subsection (2) if he proves that- (a) he purchased, or otherwise obtained, the fuel additive with a warranty or other written evidence from the person who supplied the fuel additive that the fuel additive did not contain any lead; and (b) at the time of the alleged offence, the fuel additive was in the same state that it was in at the time of delivery to him. (L.N. 35 of 1999) Cap 311L s 9 Dispensing of fuel additives containing lead (1) Any person who knowingly pours, places, discharges or adds any fuel additive containing any amount of lead whatsoever into the fuel tank, the fuel supply system, or the combustion space of the engine of a motor vehicle commits an offence and is liable to a fine at level 5. (2) For the purposes of any proceedings under subsection (1), the person charged shall, until the contrary is proved, be presumed to have known that the fuel additive he poured, placed, discharged or added into the fuel tank, the fuel supply system, or the combustion space of the engine of the motor vehicle contained lead. (3) A person does not commit an offence under subsection (1) if he proves that- (a) he purchased, or otherwise obtained, the fuel additive with a warranty or other written evidence from the person who supplied the fuel additive that the fuel additive did not contain any lead; and (b) at the time of the alleged offence, the fuel additive was in the same state that it was in at the time of delivery to him. (L.N. 35 of 1999) Cap 311L Sched 1 SPECIFICATIONS OF MOTOR VEHICLE DIESEL [section 2] Any motor vehicle diesel shall- (a) contain not more than 0.005% by weight of sulphur as determined by ISO 14596; (b) have a cetane number of not lower than 51.0 as determined by ISO 5165; (c) have a viscosity at 40oC of not lower than 2.00 mm2/s and not higher than 4.50 mm2/s as determined by ISO 3104; (d) contain not more than 11% by mass of polycyclic aromatic hydrocarbons as determined by IP 391; (e) have a 95% distillation temperature of not higher than 345oC as determined by ISO 3405; (f) have a distillation percentage recovered at 250oC of not higher than 65% by volume as determined by ISO 3405; and (g) have a density at 15oC of not higher than 0.835 kg/L as determined by ISO 3675. Note: In this Schedule- "IP" followed by a numerical symbol ("IP number") means the test procedures of the Institute of Petroleum commonly known by that IP number; "ISO" followed by a numerical symbol ("ISO number") means the test procedures of the International Organization for Standardization commonly known by that ISO number; "viscosity" means the viscosity of diesel as determined by ISO 3104. (Schedule 1 replaced L.N. 15 of 2002) Cap 311L Sched 2 SPECIFICATIONS OF UNLEADED PETROL [section 2] Any unleaded petrol shall- (a) contain not more than 0.005 gram of lead per litre as determined by EN 237; (b) contain not more than 0.015% by weight of sulphur as determined by ISO 14596; (c) have a motor octane number of not lower than 85 as determined by EN 25163; (d) have a research octane number of not lower than 95 as determined by EN 25164; (e) contain not more than 1.0% by volume of benzene as determined by EN 12177; (f) have a Reid vapour pressure of not more than 60.0 kPa as determined by EN 12; (g) contain not more than 42.0% by volume of aromatic hydrocarbons as determined by ASTM D1319; (h) contain not more than 18.0% by volume of olefins as determined by ASTM D1319; (i) (i) contain stabilizing agent if it contains methanol; and (ii) in any event, contain not more than 3% by volume of methanol as determined by EN 1601;(j) contain not more than 5% by volume of ethanol as determined by EN 1601; (k) contain not more than 10% by volume of iso-propyl alcohol as determined by EN 1601; (l) contain not more than 7% by volume of tertiary butyl alcohol as determined by EN 1601; (m) contain not more than 10% by volume of iso-butyl alcohol as determined by EN 1601; (n) contain not more than 15% by volume of ethers (containing 5 or more carbon atoms per molecule) as determined by EN 1601; (o) contain not more than 10% by volume of other oxygenates as determined by EN 1601; (p) contain not more than 2.7% by mass of oxygen content as determined by EN 1601; (q) have not less than 46.0% by volume evaporated at 100oC as determined by ISO 3405; and (r) have not less than 75.0% by volume evaporated at 150oC as determined by ISO 3405. Note: In this Schedule- "ASTM D" followed by a numerical symbol ("ASTM number") means the test procedures of the American Society for Testing and Materials commonly known by that ASTM number; "EN" followed by a numerical symbol ("EN number") means the test procedures of the European Standards commonly known by that EN number; "ISO" followed by a numerical symbol ("ISO number") means the test procedures of the International Organization for Standardization commonly known by that ISO number. (L.N. 156 of 2000; L.N. 15 of 2002)
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