IMPORT AND EXPORT ORDINANCE ORDINANCE

IMPORT AND EXPORT ORDINANCE ORDINANCE

LAWS OF HONG KONG

IMPORT AND EXPORT ORDINANCE

CHAPTER 60





CHAPTER 60

IMPORT AND EXPORT ORDINANCE

ARRANGEMENT OF SECTIONS

Section

1. Short title
2. Interpretation

PART I

PRELIMINAR
Y

PART II

ADMINISTRATIVE DECISIONS AND
APPEALS

3. Director's discretion to issue, cancel, revoke or suspend licences

4................................Power of Commissioner to appoint authorized officers ..

ERA. Appointed officers ... ... ... ... ... ... ... ... ... ..

5. Commissioner or Director and other public officers to be subject to the Governor's

directions ... ... ... ...

6. Appeals to the Governor

PART 111

PROHIBITED
ARTICLES

11.

7. Possession of prohibited article after import

8..............................Delivery of import licence and manifest to the Director ...

9.Delivery of import licence and manifest in the case of part shipments
10. Carriers prohibited from accepting prohibited articles for export without

licence... ... ... ... . 1 . ... ... ... ... ... ...
Delivery of export licence and manifest to the Director ... ...

12.........................Inspection and storage of prohibited articles ... ... ...

13. Claim and disposal of prohibited articles found without owner

PART IV

UNMANIFESTED CARGO AND
SMUGGLING

Page

3
3

6






7
7

7
7

7
8
8

9
9
10
10

14....................................Alteration of vessel, aircraft or vehicle for the purpose of smuggling ... ... 11

15......................Duty to provide particulars of all cargo ... ... ... ... ... ... ... ... 12

16....................................Prohibition against unauthorized placing of cargo on vessels, etc. 1 ... ... 12

17....................All cargo to be recorded in manifest ... ... ... ... ... ... ... ... ... 12

18.............................Offence of importing or exporting unmanifested cargo ... ... ... ... ... 13

19. Written list showing ports of call to be furnished to the Commissioner ... ... 13





Section

23.

PART V

POWERS OF
INVESTIGATION

20. General powers of members of Customs and Excise Service, etc.
20A. Removal of articles may be prohibited until importer known
20B. Requirement that articles may be removed from vessel etc. for examination
21. Special powers of members of the Customs and Excise Service, etc.
22. Restrictions upon exercise of special powers of members of the Customs and
Excise

Service, etc. ... ... ... ... ... ... - ... ... ... ... ... ... ...

Powers of arrest of authorized officers and members of the Customs and Excise
Service ... ... ... ... ... ... ...
Ancillary powers of investigation of suspected offence
Locks and seals on premises, vessels, etc. ...

24.
25.
26. Obstruction of members of the Customs and Excise Service, etc.

PART VI

FORFEITUR
E

27. Seized articles, etc. liable to forfeiture

28................................Determination by magistrate of applications for forfeiture ...

29. Power to release seized vessels and vehicles prior to the hearing
30. Claims for the return of forfeited articles, etc.

PART VII

REGULATION
S

Page

13
14
15
16

17

18
18
19
20

20
22
23
23

31................Power to make regulations ... ... ... ... ... ... ... ... ... ... ... 24







32...........................Power to levy by resolution of Legislative Council ... ... ... . ... ... 27

PART VIII

MISCELLANEO
US

33..............Evidentiary provisions ...

34. Onus of proof in court proceedings
35. Application of Ordinance to postal packets

36..................Offences in respect of licences ...
36A. Offences by directors, etc. of corporations

37. Time limitation for criminal proceedings

38.........Informers ... . .

39. Amendment of Schedule

Schedule ...

28
28
29
29
30
30
30
30

30





CHAPTER 60

IMPORT AND EXPORT

To provide for the regulation and control of the import of articles into
Hong Kong, the export of articles from Hong Kong, and any
matter incidental to or connected with the foregoing.

[1 January 1972.1

PART 1

PRELIMINARY

1. This Ordinance may be cited as the Import and Export
Ordinance.

2. In this Ordinance, unless the context otherwise requires

,lairconsignment note' and 'air waybill' mean any document which

(a)bears the signature of the owner, operator, charterer,
authorized agent or commander of an aircraft; and

(b)records particulars of a contract for the consignment of cargo
in an aircraft;

'aircraft' means any machine which can derive support in the
atmosphere from reactions of the air;

'appointed officer' means a person appointed by the Director under
section 4A; (Added, L.N. 294182)

,,article in transit' means an article which

(a)is brought into Hong Kong solely for the purpose of taking it
out of Hong Kong; and

(b)remains at all times in or on the vessel, aircraft or vehicle in or
on which it is brought into Hong Kong;

,,authorized officer' means a person authorized by the Commissioner
under section 4; (Amended, L.N. 294182)

'bill of lading' means any document which

(a) bears the signature of-

(i) the owner, charterer, agent or master of a ship; or

(ii) the owner, hirer or person in charge of a vehicle; and





(b)records particulars of a contract for the consignment of cargo
in a vessel or vehicle;

'cargo' means any article which is imported or exported other than

(a)the necessary equipment, stores or fuel of the vessel, aircraft
or vehicle in or on which the article is imported or exported;

(b)food and other provisions reasonably required for
consumption by the crew or passengers of such vessel,
aircraft or vehicle;

(c)items of personal property reasonably required for the
personal use of the crew or passengers of such vessel, aircraft
or vehicle;

(d) any document relating to-

(i) the carriage of cargo in or on such vessel, aircraft or
vehicle; or

(ii) the inter-office business transactions of the owner of
such vessel, aircraft or vehicle; and

(e)articles imported or exported by a passenger of such vessel,
aircraft or vehicle, in his personal baggage or carried by him;
(Added, 78 of 1979, s. 2)

'commander' means, in respect of an aircraft, the member of the flight
crew designated as commander of the aircraft by the operator
thereof or, if no member of the flight crew is so designated, the
person for the time being in command of the aircraft;

'Commissioner' means the Commissioner of Customs and Excise and
any Deputy or Assistant Commissioner of Customs and Excise;
(Added, L.N. 294182)

'consign' means to deliver or transmit an article into the custody of a
person for the purpose of delivery or transmission of the article by
that person to another specified person;

'contraband' means an article which is exported, imported or otherwise
dealt with contrary to the provisions of this Ordinance or any other
law controlling the import or export of any article;

'Director' means the Director of Trade and, except where the ex-
pression 'Director of Trade' is used, any Deputy or Assistant
Director of Trade; (Replaced, L.N. 294/82)

'domestic premises' means any premises or place used exclusively for
residential purposes and constituting a separate household unit;

'export' means to take, or cause to be taken, out of Hong Kong; any
article other than an article in transit;

'import' means to bring, or cause to be brought, into Hong Kong; any
article other than an article in transit;





'licence' means a licence, certificate, authorization or permit issued
under the provisions of this Ordinance;

'manifest' means a manifest containing the particulars prescribed under
section 17; (Replaced, 36 of 1983, s. 2)

'master' means, in respect of a vessel, the person (except a pilot)
having for the time being command or charge of the vessel;

'member of the Customs and Excise Service' means any person holding
an office specified in the First Schedule to the Customs and Excise
Service Ordinance;

,,owner' means, other than for the purposes of Part VI

(a)in respect of an article, any person being or holding himself
out to be the owner, importer, exporter, consignee, agent or
person in possession of, or beneficially interested in, or
having any control of, or power of disposition over, the
article; and

(b) in respect of a vessel, aircraft or vehicle-

(i) the registered owner and any person holding himself out
to be the owner thereof;

(ii) any person acting as agent for the owner in con- with
the handling of cargo carried in or on the vessel, aircraft or
vehicle;

(iii) any person to whom the vessel, aircraft or vehicle has
been chartered or hired; and

(iv) any person having for the time being the control or
management of the vessel, aircraft or vehicle;

'prohibited article' means any article

(a)the import or export of which is prohibited under the
provisions of this Ordinance;

(b)the import or export of which is permitted subject to the terms
and conditions of a licence; or

(c)the import or export of which is prohibited or controlled under
any other law;

',smuggling' means importing, exporting, unshipping, shipping, landing,
loading, conveying or otherwise dealing with any article contrary
to the provisions of this Ordinance or any other law controlling the
import or export of any article;

'unmanifested cargo' means any cargo which is not recorded in a
manifest;

,'vehicle' means every means of conveyance or of transit or other
mobile apparatus used or capable of being used on land, whether
on roads or rails and, in any way whatever, drawn or propelled or
carried;






'vessel' includes every description of vessel used in navigation for the
carriage of persons or articles, whether or not the vessel is
mechanically propelled and whether or not the vessel is towed or
pushed by another vessel.

PART II

ADMINISTRATIVE DECISIONS AND
APPEALS

3. (1) The Director may issue any licence required under this
Ordinance and may attach thereto such conditions as he may see fit to
impose.

(2) Subject to subsection (3) the Director may cancel, revoke or
suspend any licence issued by him under this Ordinance.

(3) The Director shall not cancel, revoke or suspend any such
licence where he is satisfied that the holder thereof has entered into an
irrevocable commitment pursuant to the issue to him of such licence,
unless the article in respect of which the licence was issued is a
strategic commodity specified in regulations made under this Ordinance
and it is, in the opinion of the Director, necessary for him to cancel,
revoke or suspend the licence in the public interest.

(4) Notwithstanding subsection (3), if the Director is satisfied that
any licence was issued by him as the result of fraudulent
misrepresentation of any fact or any other unlawful act by the applicant
therefor he may, at any time, cancel, revoke or suspend the licence.

(5) Every licence cancelled, revoked or suspended by the Director
and all copies thereof in the possession of the licensee or any other
person shall be surrendered immediately to the Director by the licensee.

(6) Any person who contravenes subsection (5) shall be guilty of
an offence and shall be liable on conviction to a fine of $5,000 and to
imprisonment for 3 months.

(7) The Director may serve notice of the cancellation, revocation or
suspension of any licence on the holder thereof and such person shall
be deemed to be served with the notice if it

(a) is delivered to the holder or applicant personally; or

(b)is addressed to him and left at or forwarded by registered mail
to him at his usual or last known place of abode or business.

(8) Except where the form of a licence is, under the provisions of
this Ordinance, required to be prescribed, the Director may determine
the form of any licence and of any application therefor.

(9) The Director may delegate any of the powers and duties
conferred or imposed on him by this section to any appointed officer.
(Amended, L.N. 294182)





4. The Commissioner may authorize in writing any public
officer and any police officer of the rank of Inspector or above to
exercise any of the powers and perform any of the duties conferred
or imposed on an authorized officer by this Ordinance.
(Amended, L.N. 294182)

4A. The Director may appoint in writing any public officer to
exercise any of the powers and perform any of the duties conferred
or imposed on an appointed officer by this Ordinance.
(Added, L.N. 294182)

5. (1) The Governor may give such directions as he thinks
fit, either generally or in any particular case, with respect to the
exercise or performance by the Commissioner or the Director or
any other public officer, other than a judge, a District Judge or a
magistrate, of any powers, functions or duties under this Ordinance.

(2) The Commissioner or the Director and every public officer
shall, in the exercise or performance of any powers, functions or
duties under this Ordinance, comply with any directions given by the
Governor under subsection (1).

(Amended, L.N. 294182)

6. (1) Any person aggrieved by a decision, act or omission of
the Commissioner or the Director or of any other public officer,
other than a judge, a District Judge or a magistrate, taken, done or
made in the exercise of any powers or the performance of any duties
under this Ordinance may, within 14 days from the date when he
was informed of the decision, act or omission or when the decision,
act or omission became known to him (whichever is the later) or
within such further period as the Governor may allow in any
particular case, by notice in writing lodge an objection to the
decision, act or omission with the Chief Secretary. (Amended,
L.N. 294182)

(2) On consideration of an objection lodged in accordance
with subsection (1), the Governor may confirm, vary or reverse
the decision, act or omission of the Commissioner or the Director
or other public officer, or substitute therefor such other decision
or make such other order as he may think fit. (Amended, L.N.
294182)

(3) Nothing in this section shall entitle any person to lodge an
objection under this section to any decision, act or omission of the
Governor or of any court.

PART 111

PROHIBITED ARTICLES

7. (1) The owner of any vessel, aircraft or vehicle in or on
which any prohibited article is imported shall retain possession of
the prohibited article until-





(a)in the case where the import of the prohibited article is
permitted subject to the terms and conditions of a licence,
there is produced to him a valid import licence issued under
this Ordinance or under some other law in respect of the
prohibited article; or

(b)in any other case, the Commissioner gives to the owner of the
vessel, aircraft or vehicle written directions in respect of the
removal or storage of the prohibited article. (Amended, L.N.
294182)

(2) Any person who contravenes this section shall be guilty of an
offence and shall be liable on conviction to a fine of $500,000 and to
imprisonment for 1 year. (Amended, 60 of 1980, s. 2)

(3) It shall be a defence to a charge under subsection (1)(a) if the
defendant proves that he did not know and could not with reasonable
diligence have known that the article to which the charge relates was a
prohibited article.

8. (1) Subject to section 9, a person to whom an import licence has
been issued under this Ordinance shall present the licence to the owner
of the vessel, aircraft or vehicle in or on which the article is imported
within 7 days after the article was imported.

(2) On presentation of an import licence pursuant to subsection (1),
the owner of the vessel, aircraft or vehicle in or on which the article has
been imported

(a)may release the article to the consignee, if he is satisfied that
he is not prohibited from doing so under any condition of the
import licence; and

(b)shall, within 7 days after receiving the import licence, deliver it
to the Director together with a copy or extract of the manifest
of the vessel, aircraft or vehicle in or on which the article was
imported, duly certified by him as a true copy or extract of the
manifest.

(3) Any person who contravenes subsection (1) or (2) shall be
guilty of an offence and shall be liable on conviction to a fine of $5,000.

9. (1) If an article which is imported forms part only of a
consignment of articles in respect of which an import licence has been
issued under this Ordinance, the person to whom the licence was issued
shall present

(a) the import licence endorsed by him to this effect; and

(b)a written declaration signed by him stating that the article
which has been imported forms part only of a consignment of
articles in respect of which the licence was issued,

to the owner of the vessel, aircraft or vehicle in or on which the article
was imported within 7 days after the article was imported.





(2) The owner of the vessel, aircraft or vehicle, on receiving
from a licensee an endorsed import licence and written declaration
pursuant to subsection (I)--

(a)may release the article to the consignee, if he is satisfied
that he is not prohibited from doing so under any condi-
tion of the import licence; and

(b)shall, within 7 days after receiving the import licence and
written declaration-
(i) endorse the licence and return it to the person to
whom it was issued; and
(ii) deliver the written declaration to the Director
together with a copy or extract of the manifest of the
vessel, aircraft or vehicle in or on which the article was
imported, duly certified by him as a true copy or extract of
the manifest.

(3) The written declaration referred to in subsections (1)
and (2) shall be made in such form as the Director may specify
from time to time.

(4) Any person who contravenes subsection (1) or (2) shall be
guilty of an offence and shall be liable on conviction to a fine
of $5,000.

10. (1) The owner of a vessel, aircraft or vehicle shall not
accept any prohibited article for export on the vessel, aircraft or
vehicle until there is produced to him an export licence issued under
this Ordinance or some other law in respect of the prohibited article.

(2) Any person who contravenes this section shall be guilty of
an offence and shall be liable on conviction to a fine of 5500,000
and to imprisonment for 1 year. (Amended, 60 of 1980, s. 3)

(3) It shall be a defence to a charge under this section if the
defendant proves that he did not know and could not with reason-
able diligence have known that the article to which the charge
relates was a prohibited article.

11. (1) When a licence has been issued under this Ordinance
for the export of an article, the owner of the article shall, before it
is exported, deliver the licence to the owner of the vessel, aircraft
or vehicle in or on which he intends to export it.

(2) The owner of the vessel, aircraft or vehicle in or on which
an article in respect of which an export licence has been issued
under this Ordinance is exported shall, within 14 days after the
day on which the article is exported, deliver the export licence to
the Director, together with a certified copy or certified extract of the
manifest of the vessel, aircraft or vehicle in or on which the article
has been exported.

(3) Any person who contravenes subsection (1) or (2) shall be
guilty of an offence and shall be liable on conviction to a fine of
$5,000.





12. (1) For the purpose of determining whether or not an
article which-

(a)has been imported within the period of 6 months preceding
the date when a request is made under this subsection for
the production of the same; or

(b) is intended to be exported,

is a prohibited article, the person in possession or control of article
shall, if required to do so by the Commissioner, an authorized officer
or member of the Customs and Excise Service of or above the rank
of Revenue Inspector, produce it for inspection by the Commis-
sioner, an authorized officer or such member of the Customs and
Excise Service. (Amended, 46 of 1977, s. 17)

(2) The Commissioner, any authorized officer or a member of
the Customs and Excise Service of or above the rank of Revenue
Inspector shall determine whether or not any article produced to
him for inspection under subsection (1) is a prohibited article.
(Amended, 46 of 1977, s. 17)

(3) The person in possession or control of a prohibited article
shall, if required to do so by the Commissioner or an authorized
officer, cause such article to be stored in a place specified by the
Commissioner or authorized officer under such conditions as he may
impose.

(4) An article stored in a specified place in accordance with the
directions of the Commissioner or authorized officer under subsec-
tion (3) shall not be removed from that place unless the Commis-
sioner or an authorized officer has authorized in writing the removal
of the article.

(5) Any person authorized in writing under subsection (4) to
remove an article from a specified place shall comply with such
conditions as may be imposed by the Commissioner or authorized
officer on the removal of the article.

(6) Any person who contravenes subsection (1), (3), (4) or (5)
shall be guilty of an offence and shall be liable on conviction to a fine
of $10,000 and to imprisonment for 6 months.
(Amended, L.N. 294182)

13. (1) The Commissioner or any authorized officer may
order that any prohibited article which is found without an apparent
owner shall be stored in a place specified by him subject to such
conditions as he may impose.

(2) Any person who, being in possession of a prohibited article
which is found without an apparent owner, fails to comply with an
order given by the Commissioner or an authorized officer under
subsection (1) shall be guilty of an offence and shall be liable on
conviction to a fine of $10,000 and to imprisonment for 6 months.

(3) Where a prohibited article is stored in a specified place
pursuant to an order given under subsection (1), the Commissioner





or an authorized officer shall, within the period of 72 hours after the
prohibited article has been stored in that place, cause a notice to be
exhibited at the Customs and Excise Department in a place to which the
public have access

(a)stating that the prohibited article has been stored in that
place;

(b)calling upon the owner of the prohibited article to submit to
the Commissioner a claim in respect of it within 30 days; and

(c)stating his intention to apply to a magistrate at the expiration
of 30 days from the date of the notice for an order that the
prohibited article be forfeited to the Crown.

(4) When a claim to ownership of a prohibited article is submitted
to the Commissioner pursuant to a notice given under subsection (3),
the claimant shall produce to the Commissioner or an authorized officer
such evidence as to his ownership as may be required by the
Commissioner or authorized officer.

(5) Without prejudice to any provision of this Ordinance relating to
the seizure of any article which is liable to forfeiture, the Commissioner
or an authorized officer may, if he is satisfied of the validity of a claim
made under subsection (4), authorize in writing the claimant to remove
the prohibited article from the place in which it was stored, subject to
the prior payment by the claimant of all storage and other charges which
have accrued in respect of the storage of the article in the specified
place.

(6) A magistrate shall, if satisfied that the provisions of this section
have been complied with and that no claim to ownership has been
established, on the application of the Commissioner or an authorized
officer, order that a prohibited article be forfeited to the Crown.

(Amended, L.N. 294182)

PART IV

UNMANIFESTED CARGO AND
SMUGGLING

14. (1) Any person who alters the fittings, fabric or structure of any
vessel, aircraft or vehicle for the purpose of smuggling any article into
or out of Hong Kong; shall be guilty of an offence and shall be liable on
conviction to a fine of $10,000 and to imprisonment for 6 months.

(2) If-

(a)the Commissioner, any authorized officer or any member of
the Customs and Excise Service reasonably suspects that any
vessel, aircraft or vehicle has been used or is intended to be
used for the purpose of smuggling; and





(b)the vessel, aircraft or vehicle is found in Hong Kong; to have

(i) any false bulkhead, bow, side or bottom;

(ii) any secret or disguised place adapted for the purpose of
concealing any article; or

(iii) any hole, pipe or other device adapted for the purpose
of smuggling,

the fittings, fabric or structure of the vessel, aircraft or vehicle shall be
presumed until the contrary is proved to have been altered for the
purpose of smuggling an article into or out of Hong Kong; (Amended,
L.N. 294182)

15. (1) The master or agent of a vessel, the commander of an
aircraft, the person in charge of a vehicle (other than a train) and, in the
case of cargo carried by train, the handling agent in Hong Kong; for
such cargo shall, on entering or leaving Hong Kong 36 of 1983, s. 3)

(a)furnish any member of the Customs and Excise Service of or
above the rank of Revenue Inspector a manifest in respect of
the cargo being imported or exported in or on the vessel,
aircraft or vehicle if he is requested to do so by any such
member of the Customs and Excise Service; and (Amended, 46
of 1977, s. 17 and 36 of 1983, s. 3)

(b)allow any member of the Customs and Excise Service to board
the vessel, aircraft or vehicle, inspect the cargo and search the
vessel for contraband.

(2) Any person who contravenes subsection (1)(a) or (b) shall be
guilty of an offence and shall be liable on conviction to a fine of $1,000
and to imprisonment for 1 month.

16. (1) No person shall place any cargo in or on any vessel or
aircraft without the consent of the owner of the vessel or aircraft.

(2) No person shall place any cargo in or on any vehicle which may
leave Hong Kong; without the consent of the owner of the vehicle.

(3) Any person who contravenes subsection (1) or (2) shall be
guilty of an offence and shall be liable on conviction to a fine of $10,000
and to imprisonment for 6 months.

17. (1) All cargo which is imported or exported shall be recorded in
a manifest which shall contain such particulars as the Commissioner
may prescribe.

(2) For the purposes of subsection (1) the Commissioner may, by
notice published in the Gazette, prescribe the particulars of the cargo
and the particulars of the consignment of cargo to be recorded.
(Replaced, 36 of 1983, s. 4)





18. (1) Any person who

(a) imports any unmanifested cargo; or

(b) exports any unmanifested cargo,

shall be guilty of an offence and shall be liable on conviction to a fine of
$50,000 and to imprisonment for 2 years. (Amended, 60 of 1980, s. 4 and
3 of 1984, s. 2)

(2) It shall be a defence to a charge under this section against the
owner of a vessel, aircraft or vehicle, if the owner proves that he did not
know and could not with reasonable diligence have known that the
cargo was unmanifested.

19. (1) The owner of any vessel shall, if required to do so by the
Commissioner, an authorized officer or a member of the Customs and
Excise Service, furnish forthwith to the Commissioner or to the
authorized officer or member of the Customs and Excise Service, a
written list showing, so far as the owner is aware, every port or place at
which the vessel has called during the period of 3 months immediately
preceding the date of its arrival in Hong Kong; (Amended, L.N. 294182)

(2) Any person who contravenes subsection (1) shall be guilty of
an offence and shall be liable on conviction to a fine of $200.

PART V

POWERS OF INVESTIGATION

20. (1) Without prejudice to the powers conferred by section 21,
any member of the Customs and Excise Service and any authorized
officer may, for the purposes of this Ordinance

(a)enter at any reasonable time and search any premises (other
than domestic premises) or place registered under this
Ordinance or occupied by a person who has been registered
under this Ordinance or a person who is the holder of a
licence; (Amended, 3 of 1973, s. 2)

(b) stop, board and search any vessel, aircraft or vehicle;

(c)

require the production of-

(i) any licence;

(ii) any document which relates to the origin or nature of
any article or which he suspects to be relevant to an offence
under this Ordinance; or

(iii) any record or other document required to be kept by
this Ordinance; (Replaced, 3 of 1973, s. 2)

(d)examine and take copies of any licence or of any record or
document referred to in paragraph (c); (Replaced, 3 of 1973,
s.2)





(e)take, without payment but subject to the issue of an official
receipt for it, such sample of any article in respect of which
any licence may be issued under this Ordinance as may be
required by the Commissioner for the purpose of examination
and investigation; (Amended, L.N. 294182)

examine any article if he considers it necessary to do so to
ascertain whether or not the provisions of this Ordinance are
being, or have been, complied with by any person in respect
of that article; or

stop and search any person entering or leaving Hong Kong;

Provided that no person shall be searched except by a
person of the same sex or be searched in a public place if he
objects to being so searched.

(9)

(2) Any member of the Customs and Excise Service and any
authorized officer may require

(a) any person to whom a licence has been issued;

(b)any person who has been registered under this Ordinance;
and

(c)any servant, employee or agent of any person referred to in
paragraph (a) or (b),

to furnish such information or take such action as may be necessary to
enable the member of the Customs and Excise Service or the authorized
officer to exercise the powers conferred on him under this Ordinance.

(3) When a sample of any article has been taken by a member of the
Customs and Excise Service or an authorized officer pursuant to
subsection (1)(e) the Commissioner may, after examination and
investigation of it, direct that the sample be returned to the owner
thereof or disposed of in such manner as the Commissioner thinks fit.
(Amended, L.N. 294182)

20A. (1) In this section and section 20B

,,article' means article of cargo;

'consignee' includes the agent of the consignee and any person
entitled to the delivery of an article;

'officer' means any member of the Customs and Excise Service or any
authorized officer.

(2) Where any article is upon any vessel, aircraft or vehicle for
importation into Hong Kong; and an officer, for the purpose of carrying
out his functions under this Ordinance, requires to know the identity of
the consignee of the article or to verify the particulars supplied to him
by any person, or in any document, relating to the identity of the
consignee, the officer may give notice to the owner of the vessel, aircraft
or vehicle prohibiting such owner from removing, or permitting the
removal of, the article





(a)from the vessel, aircraft or vehicle except to a place specified
in the notice, being a place designated by such owner; and

(b) from such place,

save in accordance with permission therefor granted under subsection
(4).

(3) A copy of any notice given under subsection (2) shall, where
the goods are to be stored in premises occupied by a person other than
the owner of the vessel, aircraft or vehicle, be given also to the person
occupying such premises and such person shall not remove, or permit
the removal of, the article from his premises save in accordance with
permission therefor granted under subsection (4).

(4) The officer giving notice under subsection (2) shall, as soon as
reasonably practicable, after he knows of the identity, or he verifies the
particulars, of the consignee of the article to which the notice relates,
permit the person upon whom the notice is served to remove, or permit
the removal of, the article from the place where, by virtue of the notice, it
may lawfully be kept either

(a)unconditionally, in which case he shall notify the person on
whom the notice is served in writing; or

(b)after examination of the article in accordance with the powers
vested in such officer under section 20.

(5) It shall be the duty of the person upon whom a notice is served
under subsection (2) or (3), at any time prior to the grant of permission
under subsection (4), upon obtaining information as to the identity or
particulars of the consignee of the article to which the notice relates,
being information not previously supplied by such person to the officer
giving the notice, to supply such information to the officer specified in
the notice.

(Added, 36 of 1983, s. 5)

20B. (1) Where any article is upon any vessel, aircraft or vehicle for
importation into Hong Kong; and an officer desires, in the exercise of
his functions under section 20, to examine such article, but he is of the
opinion that such article can be more conveniently examined after it has
been removed from such vessel, aircraft or vehicle, he may give notice
to the consignee of the article, requiring the article to be removed for
examination to premises specified in the notice, being premises
nominated by the consignee.

(2) A copy of any notice given under subsection (1) shall, where
the goods are to be removed to premises occupied by a person other
than the consignee, be given also to the person occupying such
premises.





(3) The consignee and, in the event of a copy of the notice being
served upon any occupier under subsection (2), the occupier, shall not
remove, or permit the removal of, the article from the premises specified
in the notice given under subsection (1) until

(a)the article has been examined by an officer in accordance with
the powers vested in such officer under section 20; or

(b)an officer has informed the consignee or occupier in writing
that such examination is unnecessary.

(4) Where an article is removed to any premises pursuant to a
notice given under subsection (1), it shall be the duty of

(a)every person in control of such premises to permit an officer
to have access to the article and to examine it in accordance
with the powers vested in such officer under section 20; and

(b)the Commissioner to ensure that such examination is made as
soon as reasonably practicable.

(5) It may be the condition of any notice given under subsection
(1) that the article shall, at all times until it is examined by an officer
under section 20, be guarded by an officer and if there is such a
condition, an officer may enter upon any place where the article is and
take such measures as are reasonably necessary to protect the article
from interference.

(6) Notice under this section and section 20A shall be in such form
and given in such manner as may be prescribed.

(Added, 36 of 1983, s. 5)

21. (1) Subject to section 22, any member of the Customs and
Excise Service and any authorized officer may, if he reasonably suspects
that there is, in or on any premises or place, vessel, aircraft or vehicle,
any article in respect of which an offence has been committed under this
Ordinance or which is, or contains, evidence of the commission of such
offence

(a) enter and search any such premises or place;

(b)stop, board, remove, detain and search any vessel, aircraft or
vehicle.

(2) Any member of the Customs and Excise Service and any
authorized officer may seize

(a) any article-

(i) in respect of which he reasonably suspects that an
offence has been committed under this Ordinance; or

(ii) which he reasonably suspects to be, or to contain,
evidence of the commission of such an offence; and

(b)any vessel which has a tonnage not exceeding 250 gross tons
and any vehicle, if he reasonably suspects such vessel or
vehicle to have been used in connexion with the commission
of an offence under this Ordinance.





(3) Subject to section 22, any member of the Customs and
Excise Service or any authorized officer may enter and search any
premises or place connected with the manufacture, processing,
production, storage, distribution or sale of any article in respect of
which a licence has been issued under this Ordinance.

(4) The owner of any article, licence or other document seized
by a member of the Customs and Excise Service or an authorized
officer under this section may, on application to the Commissioner
and subject to such conditions as the Commissioner may impose,
photograph or make any other form of copy of the seized article,
licence or document. (Amended, L.N. 294182)

22. (1) No domestic premises shall be entered and searched
by a member of the Customs and Excise Service or an authorized
officer unless-

(a) a magistrate has issued a warrant under subsection (2); or

(b)a member of the Customs and Excise Service of or above
the rank of Assistant Superintendent has given an authori-
zation under subsection (3). (Amended, 46 of 1977, s. 17
and L.N. 294182)

(2)
that there is reasonable ground for suspecting that there is in any
domestic premises any thing which may be seized under section 21,
issue a warrant authorizing a member of the Customs and Excise
Service or an authorized officer to enter and search the premises.

A magistrate may, if he is satisfied by information on oath

(3) A member of the Customs and Excise Service of or
above the rank of Assistant Superintendent may, if he reasonably
suspects- (Amended, 46 of 1977, s. 17 and L.N. 294182)

(a)that there is in any domestic premises any thing which may
be seized under section 21; and

(b)that unless the premises are entered and searched immedi-
ately such thing is likely to be removed from the premises,

authorize in writing a member of the Customs and Excise Service or
an authorized officer to enter and search the premises.

(4) A member of the Customs and Excise Service or an
authorized officer authorized under subsection (2) or (3) to enter and
search any domestic premises may call upon any member of the
Customs and Excise Service and any authorized officer to assist him
in entering and searching the premises.

(5) No vessel which has a tonnage exceeding 250 gross tons
shall be detained under section 21 (1) for more than 12 hours without
the consent of the Chief Secretary, who may, by order in writing
under his hand, detain such a vessel for further periods of not more
than 12 hours each.





(6) No aircraft shall be detained under section 21(1) for more
than 6 hours without the consent of the Chief Secretary, who may,
by order in writing under his hand, detain an aircraft for further
periods of not more than 6 hours each.

(7) Any order made by the Chief Secretary under subsec-
tion (5) or (6) shall state the times from which and for which the
order shall be effective.

23. (1) Any member of the Customs and Excise Service and
any authorized officer may, subject to subsection (2), arrest or
detain for further inquiries without warrant any person whom he
reasonably suspects of having committed any offence under this
Ordinance.

(2) Any member of the Customs and Excise Service and any
authorized officer who arrests any person under subsection (1) shall
take the person to a police station or, if further inquiries are
necessary, first to the office of the Commissioner of the Customs and
Excise Service and then to a police station, there to be dealt with in
accordance with the provisions of the Police Force Ordinance:

Provided that in no case shall any person be detained for
more than 48 hours without being charged and brought before
a magistrate.

(3) If any person forcibly resists or attempts to evade arrest
under this section, the member of the Customs and Excise Service or
the authorized officer may use such force as is reasonably necessary
to effect the arrest.

(4) If any member of the Customs and Excise Service or any
authorized officer has reason to believe that a person whom he
intends to arrest (hereinafter in this section referred to as the
suspected offender) has entered into or is in any place or premises,
any person residing in or in charge of such place or premises shall,
on demand by the member or authorized officer, allow him free
entry thereto and afford all reasonable facilities to search for the
suspected offender therein.

(5) If entry to such premises or place cannot be obtained under
subsection (4) a member of the Customs and Excise Service or an
authorized officer, in any case in which a warrant to enter and search
such premises or place may issue but cannot be obtained without
affording the suspected offender an opportunity to escape, may enter
the premises or place and therein search for the suspected offender
and for the purpose of entry or search may break open any outer or
inner door or window of the premises or place.

24. Any member of the Customs and Excise Service and any
authorized officer may-

(a)use such force as is reasonably necessary to enter any place
or premises which he is empowered by this Ordinance to
enter and search;





(b)use such force as is reasonably necessary to stop, board,
remove, detain and search any vessel, aircraft or vehicle
which he is empowered by this Ordinance to stop, board,
remove, detain and search;

(c)use such force as is reasonably necessary to remove any
person or thing obstructing him in the exercise of any power
conferred on him by this Ordinance;

(d)detain any person found in any premises or place which he is
empowered by this Ordinance to search until such premises
or place has been searched;

(e)prevent any person from approaching, boarding or leaving
any vessel, aircraft or vehicle which he is empowered by this
Ordinance to stop, board and search until it has been
searched;

search the person and property and effects of any person
whom he reasonably suspects of being guilty of an offence
under this Ordinance:

Provided that no person shall be searched except by a
person of the same sex or be searched in a public place if he
objects to being so searched.

25. (1) Any member of the Customs and Excise Service and any
authorized officer may, for the purpose of exercising the powers
conferred on him by this Ordinance, place a lock or seal on any premises
or place, or on any vessel, aircraft, vehicle or article.

(2) If a member of the Customs and Excise Service or an authorized
officer has placed a lock or seal on any premises, or on any vessel,
aircraft, vehicle or article, any person who breaks or interferes with such
a lock or seal shall be guilty of an offence and shall be liable on
conviction to a fine of $5,000 and to imprisonment for 3 months:

Provided that if

(a)any person breaks or interferes with any such lock or seal in
the bona fide belief that it is necessary immediately to break or
interfere with the lock or seal in order to prevent

(i) injury being suffered by any person; or

(ii) damage being incurred to any premises, article, vessel,
aircraft or vehicle; or

(b)any public officer breaks or interferes with any such lock or
seal in the exercise of his lawful duties,

such person or public officer shall be deemed not to have contravened
this subsection.





26. (1) Any person who-

(a)obstructs a member of the Customs and Excise Service or an
authorized officer in the exercise of any power or the
performance of any duty conferred or imposed on members of
the Customs and Excise Service and authorized officers by this
Ordinance; (Amended, 36 of 1983,s. 6)

(b)fails to comply with any requirement, direction or demand
given or made by a member of the Customs and Excise Service
or an authorized officer in the exercise or performance of any
such power or duty; or (Amended, 36 of 1983, s. 6)

(c)fails to comply with a notice given him under sections 20A
and 20B; (Added, 36 of 1983, s. 6)

(d)contravenes section 20A(3) or 20B(3); (Added, 36 of 1983, s.
6)

(e)fails to supply information which it is his duty to supply
under section 20A(5), (Added, 36 of 1983, s. 6)

shall be guilty of an offence and shall be liable on conviction to a fine of
$10,000 and to imprisonment for 6 months.

(2) Any person who knowingly makes a false report, or furnishes
any false or misleading information, to any member of the Customs and
Excise Service or any authorized officer in performing his duties under
this Ordinance shall be guilty of an offence and shall be liable on
conviction to a fine of $10,000 and to imprisonment for 6 months.

PART VI

FORFEITURE

27. (1) There shall be liable to forfeiture-

(a)any article which has been seized by a member of the Customs
and Excise Service or an authorized officer in connexion with
the contravention of any provision of this Ordinance;

(b)any vessel not exceeding 250 gross tons and any vehicle so
seized and used in connexion with the contravention of any
provision of this Ordinance,

whether or not any person has been convicted of an offence in respect
of such contravention.

(2) The Commissioner may, at any time before serving notice under
subsection (3), restore any article (other than an article referred to in the
Schedule) or any vessel or vehicle which is liable





to forfeiture to the person who appears to him to be the owner thereof
or the authorized agent of the owner; and upon such restoration the
provisions of this section and sections 28, 29 and 30 shall cease to
apply to the article, vessel or vehicle.

(3) Within 21 days after the seizure of any article, vessel or vehicle
which appears to him to be liable to forfeiture under subsection (1), the
Commissioner shall serve notice of such seizure upon the owner of the
article, vessel or vehicle:

Provided that if there is more than one owner of any such article,
vessel or vehicle, it shall be sufficient for the purposes of this
subsection to give notice to one such owner.

(4) A notice given under subsection (3) shall be deemed to have
been duly served if

(a) it is delivered to the person on whom it is to be served;

(b)

it is sent by registered post addressed to such person at the
place of residence or business of such person, if any, known
to the Commissioner; or

(c)where it cannot be served in accordance with paragraph (a) or
(b), the notice is exhibited at the Customs and Excise
Department, in a place to which the public have access, for a
period of not less than 7 days commencing within 21 days
from the date of the seizure of the article, vessel or vehicle.

(5) Where a notice has been served under subsection (3) in respect
of any article, vessel or vehicle seized under this Ordinance any person

(a)who is the owner thereof or the authorized agent of the
owner; or

(b)who was in possession of the article, vessel or vehicle when it
was seized,

(hereinafter referred to as the claimant) may, within 30 days after

(i) the date of the notice, if it was served under subsection (4)(a)
or (b); or

(ii)the first day on which it was exhibited, if it was served under
subsection (4)(c),

give notice in writing to the Commissioner that he claims that the article,
vessel or vehicle is not liable to forfeiture.

(6) If, on the date of expiration of the appropriate period of time
specified in subsection (5) for the giving of a notice of claim, under that
subsection, no such notice has been given in writing to the
Commissioner the article, vessel or vehicle in respect of which notice
was given under subsection (3) shall be forfeited forthwith to the
Crown.

(Amended, L.N. 294182)





28. (1) When a notice of claim is given under section 27(5), the
Commissioner or an authorized officer shall apply to a magistrate for the
forfeiture of the article, vessel or vehicle and shall state in the
application the name and address of the claimant as specified in the
notice of the claim. (Amended, L.N. 294182)

(2) When any such application is made to a magistrate, the
magistrate shall issue a summons to the claimant, requiring him to
appear before a magistrate upon the hearing of the application, and shall
cause a copy of such summons to be served upon the Commissioner.
(Amended, L.N. 294182)

(3) If, at the time and place appointed in a summons issued under
subsection (2), the claimant or some other person who, though not the
claimant, was, or would have been, entitled to make a claim under
section 27(5), appears before a magistrate, the magistrate shall hear the
application.

(4) If, at such time and place, neither the claimant nor any other
person who, though not the claimant, was, or would have been, entitled
to make a claim under section 27(5), appears before a magistrate and the
magistrate is satisfied that the summons was duly served, the magistrate
shall hear the application.

(5) Subject to the provisions of this Ordinance, an application
under this section shall be deemed to be a complaint for the purposes of
section 8 of the Magistrates Ordinance.

(6) Upon the hearing of an application under this section a
magistrate shall order that the article, vessel or vehicle, as the case may
be, be forfeited to the Crown

(a) in the case where

(i) the person who appears in answer to the summons fails
to satisfy the magistrate that he was, or would have been,
entitled to make a claim under section 27(5) in respect of the
seized article, vessel or vehicle; and

(ii) no other person appears before the magistrate and
satisfies him that he was, or would have been, entitled to make
such claim; and

(iii) the magistrate is satisfied that the article, vessel or
vehicle is liable to forfeiture; or

(7)

(b)in the case where the magistrate is satisfied that the article

(i) is liable to forfeiture; and

(ii) is such an article as is referred to in the Schedule.

Upon the hearing of the application under this section, in any
case other than a case referred to in subsection (6)(a) or (b) a magistrate
may, if he is satisfied

(a)that a person is, or would have been, entitled to make a claim
under section 27(5) in respect of the seized article, vessel or
vehicle; and





(b)that the article (not being such an article as is referred to in
the Schedule), vessel or vehicle is liable to forfeiture,

order that the article, vessel or vehicle-
(i) be forfeited to the Crown;

(ii) be delivered to the owner thereof or the authorized agent of the
owner subject to any condition which he may specify in the
order; or

(iii) be disposed of in such manner and subject to any such
condition as he may specify in the order.

(8) Upon the hearing of the application

(a)a certified true copy of the record of the proceedings,
including the decision of the court, in any proceedings in
respect of the contravention of any provision of this
Ordinance shall be admissible in evidence; and

(b)a certificate, purporting to be issued under the hand of the
Director of Marine, certifying the gross tonnage of any vessel
shall, upon production of the certificate and without proof of
the signature thereon, be admissible as prima facie evidence
of the facts stated therein.

29. (1) Where an application has been made under section 28 in
respect of a vessel or vehicle which is liable to forfeiture, a magistrate
may, upon payment into court by way of security of a sum of money not
less in amount than the value of the seized vessel or vehicle, as
assessed by the Commissioner or an authorized officer, order that the
vessel or vehicle be delivered to the claimant thereof upon the condition
that the vessel or vehicle be re-delivered into the custody of the
Commissioner before the date of hearing of the application.

(2) If-

(a)a magistrate has ordered under subsection (1) that a seized
vessel or vehicle be delivered to the claimant thereof, and

(b)the vessel or vehicle is not delivered into the custody of the
Commissioner before the date of the hearing under section 28,

the magistrate hearing the application may, in lieu of ordering under
section 28(6) or (7) that the vessel or vehicle be forfeited to the Crown,
order that the money paid into court under subsection (1) of this section
be forfeited to the Crown or returned to the person who paid it into
court.

(Amended, L.N. 294182)

30. (1) The owner of any article, vessel or vehicle forfeited to the
Crown under this Ordinance, or the authorized agent of the owner, may,
within 6 weeks after





(a)the article, vessel or vehicle has been forfeited to the Crown
under section 27(6) or has been forfeited to the Crown by
order of a magistrate under section 28(6) or (7); or

(b)the determination of any appeal against an order for forfeiture
of the article, vessel or vehicle made by a magistrate under
section 28(6) or (7),

give notice in writing to the Commissioner of his intention to submit to
the Governor a moral claim in respect of the forfeited article vessel or
vehicle. (Amended, L.N. 294182)

(2) Where the owner of any forfeited article, vessel or vehicle or his
authorized agent has given notice in writing to the Commissioner under
subsection (1) and has submitted a moral claim to the Governor by
lodging it in triplicate with the Chief Secretary within one month from
the date of such notice, the Governor after considering the claim may-
(Amended, L.N. 294182)

(a)order the return of the forfeited article, vessel or vehicle to the
claimant; or

(b)direct that the claim be referred to the Governor in Council.

(3) The Governor in Council after considering the claim referred to
him under subsection (2) may

(a)order the return of the forfeited article, vessel or vehicle to the
claimant; or

(b) reject the claim.

PART VII

REGULATIONS

31. (1) The Governor in Council may make regulations for all or any
of the following purposes

(a) prohibiting the import and export of any article;

(b)prohibiting the import and export of any article except under
and in accordance with the terms and conditions of a licence;

(c)providing for the issue of licences to import or export any
article;

(ca) empowering the Director to exempt any person from any
requirement to obtain a licence to import or export any
prohibited article; (Added, 50 of 1984, s. 2)

(d)prescribing conditions to be observed by any person before
or after the issue of an import licence or an export licence;





(e)imposing upon owners of ships, aircraft and vehicles, masters
of ships, commanders of aircraft and persons in charge of
vehicles such obligations in respect of manifests, bills of
lading, air waybills, air consignment notes and such other
similar matters as may be necessary for carrying into effect the
provisions of this Ordinance;

imposing other conditions or restrictions on the import or
export of any article;

(g)imposing conditions or restrictions on any cargo placed in or
on any vessel, aircraft or vehicle for the purpose of import or
export;

(h)controlling the examination and storage of articles imported or
exported or about to be imported or exported;

(i)

requiring any person importing or exporting any article to give
any specified information in respect of the article before or
after it has been imported or exported;

(j)regulating the movement within Hong Kong; of any article
which has been or is intended to be imported or exported or
otherwise dealt with under the provisions of this Ordinance;

(k)providing for the issue of certificates in respect of the
importing, exporting, producing, processing, manufacturing
and composition of any article and for conditions which may
be attached to such certificate;

(1)providing for the issue of certificates in respect of preferential
customs tariffs and for conditions which may be attached to
such certificate;

(m)providing for the registration of any person applying for the
issue of any licence and for conditions which may be attached
to such registration;

(n)providing for the registration of any person importing,
exporting, manufacturing, processing, storing, distributing,
selling or dealing with any article in respect of which any
licence may be issued and for the conditions which may be
attached to the registration of any such person;

(o) providing for the registration of any premises-

(i) in respect of which any licence may be issued; or

(ii) connected with the importing, exporting, manufacture,
processing, storage, distribution, sale or other dealing with
any article in respect of which any licence may be issued,

and prescribing any condition upon the registration of such
premises;





(p)providing for the cancellation, revocation or suspension for
any period of the registration of any person where the
Director is satisfied that the person so registered has
contravened any condition of any licence;

(q)providing for the imposition and administration of quota
controls in respect of the import or export of any article;

(r)providing for the sale or transfer of any quota and for the
conditions under which any quota may be sold or transferred;

(s)providing for the registration of any person involved in any
dealing with an article on which any quota control is imposed
and the transfer of any such registration from one person to
another;

(t)requiring importers, exporters, carriers, owners and
manufacturers to furnish to the Director or any other specified
public officer information for the purpose of compiling
statistics of overseas trade;

(u)prohibiting or controlling the publication or disclosure of
information or particulars furnished to the Commissioner or
the Director, an authorized officer, an appointed officer or a
member of the Customs and Excise Service under this
Ordinance;

(v)providing for the verification of any particulars or information
required to be furnished by any person under this Ordinance;

(w)providing that any person who fails to submit any document
or furnish any information to the Commissioner or the Director
or other specified public officer within a prescribed period of
time shall be liable to pay a prescribed sum of money, which
sum shall be a civil debt due to and recoverable by the Crown;

(x)prescribing fees to be collected by the Commissioner or the
Director in respect of any matter arising under this Ordinance
and generally to prescribe the mode and time of payment of
such fees;

(Y)

empowering the Director to determine the form of any
licence and any undertaking required under this Ordin-
ance;

(z) providing that the Director of Trade may, by notice
published in the Gazette, amend the Schedule to any
regulation made under this Ordinance;

(za) requiring any person to whom a licence has been issued to
keep such records or documents as may be prescribed or as
the Director may determine; (Added, 3 of 1973, s. 3)





(aa) levying, with or without exception or exemption, a charge on
persons or any category of persons who furnish particulars
pursuant to any regulation made under this section, and
prescribing the amount or method of ascertaining the amount
of such charge and the mode and time of payment thereof,

(ab) imposing or providing for the imposition of a pecuniary
penalty, recoverable civilly, on any person who, being
required under any regulation made under this Ordinance to
lodge a declaration with the Commissioner in connexion with
the import or export of any article, fails to lodge such a
declaration or fails to lodge such a declaration within a
prescribed period of time;

(ac) empowering the Commissioner to waive the payment of any
pecuniary penalty imposed under regulations made under
paragraph (ab) and to refund any such pecuniary penalty
which has been paid;

(ad) empowering the Director to require an applicant for a licence
to deposit with him, before the issue of a licence, such sum of
money as the Director may specify;

(ae) providing for the forfeiture to the Crown by a magistrate of all
or any of the sum of money deposited under regulations made
under paragraph (ad);

(af) prescribing any thing which is to be or may be prescribed
under this Ordinance; and

(ag) generally for the better carrying out of the provisions and
purposes of this Ordinance. (Amended, L.N. 294182)

(2) Subject to subsection (3), regulations made under this section
may provide that a contravention of any such regulation shall be an
offence and may prescribe penalties therefor.

(3) Regulations made under this section may prescribe that a
contravention or breach thereof shall be punishable by a fine not
exceeding $500,000 and imprisonment for a term not exceeding 2 years.
(Amended, 60 of 1980, s. 5)

(4) No regulation made under paragraph (aa), (ab), (ac), (ad) or
(ae) shall come into operation until it has been approved by resolution
of the Legislative Council.

32. The Legislative Council may by resolution provide for the
imposition of a levy upon any person required under this Ordinance to
furnish information for the purpose of compiling statistics of overseas
trade and to provide for the method of determination of the levy and the
mode and time of payment thereof.





PART VIII

MISCELLANEOUS

33. (1) In any proceedings under this Ordinance it shall, unless the
contrary is proved, be presumed that any cargo recorded in an import
manifest furnished by

(a) the master of a vessel;

(b)

the commander of an aircraft;

(c) the person in charge of a vehicle; or

(d) the owner of such vessel, aircraft or vehicle,

has been imported in or on such vessel, aircraft or vehicle.

(2) In any proceedings under this Ordinance it shall, unless the
contrary is proved, be presumed that any cargo recorded in an export
manifest furnished by

(a) the master of a vessel;

(b) the commander of an aircraft;

(c) the person in charge of a vehicle; or

(d) the owner of such vessel, aircraft or vehicle,

at any time before or after the departure from Hong Kong; of the vessel,
aircraft or vehicle, has been exported, or is intended to be exported, in or
on such vessel, aircraft or vehicle.

(3) Any copy of an import manifest or an export manifest produced
to the Director, an authorized officer or a member of the Customs and
Excise Service under any provision of this Ordinance shall be admissible
as evidence of the contents of the import manifest or export manifest of
which it is a copy in any proceedings under this Ordinance; and the
cargo referred to in the copy of such manifest shall be presumed until
the contrary is proved, to have been imported or exported as the case
may be in or on the vessel, aircraft or vehicle to which the copy of the
manifest relates.

(4) Any copy of a licence or other document produced to the
Director, an authorized officer or a member of the Customs and Excise
Service under any provision of this Ordinance shall be admissible as
evidence of the contents of the licence or other document of which it is
a copy in any proceedings under this Ordinance before a court or
magistrate.

34. (1) In any proceedings under this Ordinance the onus of
proving

(a) the place

(i) from which an article has been imported; or

(ii) to which an article is intended to be exported; or





(b) that an article

(i) has been imported in accordance with the terms of a
licence;

(ii) is intended to be exported in accordance with the terms
of a licence;

(iii) has been imported for the sole purpose of exporting the
article;

(iv) has been lawfully placed in or on any vessel, aircraft or
vehicle for the purpose of exporting the article;

(v) has been lawfully removed from any vessel, aircraft or
vehicle in or on which it was imported;

(vi) has been lawfully delivered to or placed in any premises
or place after it has been imported; or

(vii) has been recorded in the manifest of the vessel, aircraft
or vehicle in or on which it has been imported or is intended
to be exported,

shall lie upon the defendant in any such criminal proceedings and the
claimant in any forfeiture proceedings.

(2) For the purposes of this section, the provisions of Part IV of the
Evidence Ordinance (which relates to the admissibility of hearsay
evidence in civil proceedings) shall apply as if proceedings under this
Ordinance were civil proceedings.

35. (1) The provisions of this Ordinance shall apply to any article
contained in a postal packet.

(2) Notwithstanding the provisions of subsection (1), a postal
packet contained in a sealed mail bag shall, if the mail bag is listed in the
manifest of the vessel, aircraft or vehicle in or on which it is imported or
exported, not be construed as cargo for the purposes of this Ordinance.

(3) Any authorized officer or any member of the Customs and
Excise Service may, in the presence of and under the directions of an
officer of the Post Office, open and examine any postal packet held in
the custody of the Post Office.

(4) For the purposes of this section, the terms 'mail bag', 'Post
Office', 'officer of the Post Office' and 'postal packet' shall have the
meanings assigned to such terms, respectively, under section 2 of the
Post Office Ordinance.

36. (1) Any person who, in respect of-

(a) an application for the issue of a licence;

(b) an application for registration under this Ordinance; or

(c)any declaration, document or article required to be lodged
with the Director, an authorized officer or member of the
Customs and Excise Service pursuant to the provisions of this
Ordinance,





makes or causes to be made any statement or furnishes or causes to
be furnished any information orally or in writing which is false or
misleading in a material particular or omits any material particular
shall be guilty of an offence and shall be liable on conviction to a fine
of $500,000 and to imprisonment for 2 years, unless he satisfies the
court or magistrate that he did not know and had no reason to
believe the statement or information to be false or misleading or the
omission to be material. (Amended, 3 of 1984, s. 3)

(2) Any person who-

(a) forges any licence;

(b)without the authority of the Director makes any alteration
to any licence; or

(c)knowingly utters or makes use of any licence that has been
forged or, without the authority of the Director, altered,

commits an offence and is liable on conviction to a fine of $500,000
and to imprisonment for 2 years. (Replaced, 3 of 1984, s. 3)

36A. Where an offence under section 36 is committed by a
body corporate, every person who, at the time of the commission
of the offence, was a director, manager, secretary or other similar
officer of the body corporate or any person who was purporting to
act in any such capacity, shall be guilty of the like offence unless
he proves that the offence was committed without his knowledge or
that he exercised all due diligence to prevent the commission of the
offence.

(Added, 3 of 1984, s. 4)

37. A complaint may be made or an information laid in respect
of an offence under this Ordinance within 2 years from the time
when the matter of such complaint or information respectively
arose.

38. Save where, in the opinion of the court, justice so requires,
the name or identity of any informer and the information given by
such informer shall not be disclosed in any civil or criminal proceed-
ings and the court may make any order and adopt any procedure
necessary to prevent any such disclosure.

39. The Governor may amend the Schedule by notice pub-
lished in the Gazette.

SCHEDULE

[ss. 27, 28 & 39.1

ARTICLES IN RESPECT OF WHICH, IF THEY ARE LIABLE TO FORFEITURE,
AN ORDER FOR THEIR FORFEITURE IS MANDATORY

1. [Deleted, L.N. 2571731

2. [Deleted, L.N. 210175]

3.Any article prescribed in the Schedule to the Import and Export (Strategic
Commodities) Regulations.
Originally 67 of 1970. 3 of 1973. L.N. 257/73. L.N. 210/75. 46 of 1977. L.N. 206/77. 78 of 1979. L.N. 133/80. 60 of 1980. L.N. 311/80. L.N. 52/81. L.N. 294/82. 36 of 1983. 3 of 1984. 50 of 1984. L.N. 180/71. Short title. Interpretation. (Cap. 342.) Director's discretion to issue, cancel, revoke or suspend licences. Power of Commissioner to appoint authorized officers. Appointed officers. Commissioner or Director and other public officers to be subject to the Governor's directions. Appeals to the Governor. Possession of prohibited article after import. Delivery of import licence and manifest to the Director. Delivery of import licence and manifest in the case of part shipments. Carriers prohibited from accepting prohibited articles for export without licence. Delivery of export licence and manifest to the Director. Inspection and storage of prohibited articles. Claim and disposal of prohibited articles found without owner. Alteration of vessel, aircraft or vehicle for the purpose of smuggling. Duty to provide particulars of all cargo. Prohibition against unauthorized placing of cargo on vessels, etc. All cargo to be recorded in manifest. Offence of importing or exporting unmanifested cargo. Written list showing ports of call to be furnished to the Commissioner. General powers of members of Customs and Excise Service, etc. Removal of articles may be prohibited until importer known. Requirement that articles may be removed from vessel etc. for examination. Special powers of members of the Customs and Excise Service, etc. Restrictions upon exercise of special powers of members of the Customs and Excise Service, etc. Powers of arrest of authorized officers and members of the Customs and Excise Service. (Cap. 232.) Ancillary powers of investigation of suspected offence. Locks and seals on premises, vessel, etc. Obstruction of members of the Customs and Excise Service, etc. Seized articles, etc. liable to forfeiture. Schedule. Determination by magistrate of applications for forfeiture. (Cap. 227.) Schedule. Power to release seized vessels and vehicles prior to the hearing. Claims for the return of forfeiture articles, etc. Power to make regulations. Power to levy by resolution of Legislative Council. Evidentiary provisions. Onus of proof in court proceedings. (Cap. 8.) Application of Ordinance to postal packets. (Cap. 98.) Offences in respect of licences. Offences by directors, etc. of corporations. Time limitation for criminal proceedings. Informers. Amendment of Schedule.

Originally 67 of 1970. 3 of 1973. L.N. 257/73. L.N. 210/75. 46 of 1977. L.N. 206/77. 78 of 1979. L.N. 133/80. 60 of 1980. L.N. 311/80. L.N. 52/81. L.N. 294/82. 36 of 1983. 3 of 1984. 50 of 1984. L.N. 180/71. Short title. Interpretation. (Cap. 342.) Director's discretion to issue, cancel, revoke or suspend licences. Power of Commissioner to appoint authorized officers. Appointed officers. Commissioner or Director and other public officers to be subject to the Governor's directions. Appeals to the Governor. Possession of prohibited article after import. Delivery of import licence and manifest to the Director. Delivery of import licence and manifest in the case of part shipments. Carriers prohibited from accepting prohibited articles for export without licence. Delivery of export licence and manifest to the Director. Inspection and storage of prohibited articles. Claim and disposal of prohibited articles found without owner. Alteration of vessel, aircraft or vehicle for the purpose of smuggling. Duty to provide particulars of all cargo. Prohibition against unauthorized placing of cargo on vessels, etc. All cargo to be recorded in manifest. Offence of importing or exporting unmanifested cargo. Written list showing ports of call to be furnished to the Commissioner. General powers of members of Customs and Excise Service, etc. Removal of articles may be prohibited until importer known. Requirement that articles may be removed from vessel etc. for examination. Special powers of members of the Customs and Excise Service, etc. Restrictions upon exercise of special powers of members of the Customs and Excise Service, etc. Powers of arrest of authorized officers and members of the Customs and Excise Service. (Cap. 232.) Ancillary powers of investigation of suspected offence. Locks and seals on premises, vessel, etc. Obstruction of members of the Customs and Excise Service, etc. Seized articles, etc. liable to forfeiture. Schedule. Determination by magistrate of applications for forfeiture. (Cap. 227.) Schedule. Power to release seized vessels and vehicles prior to the hearing. Claims for the return of forfeiture articles, etc. Power to make regulations. Power to levy by resolution of Legislative Council. Evidentiary provisions. Onus of proof in court proceedings. (Cap. 8.) Application of Ordinance to postal packets. (Cap. 98.) Offences in respect of licences. Offences by directors, etc. of corporations. Time limitation for criminal proceedings. Informers. Amendment of Schedule.

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