IMPORT AND EXPORT (REMOVAL OF ARTICLES) REGULATIONS

IMPORT AND EXPORT (REMOVAL OF ARTICLES) REGULATIONS

IMPORT AND EXPORT (REMOVAL OF ARTICLES)
REGULATIONS

(Cap. 60, section 3 1)

[23 December 1983.1

1. These regulations may be cited as the Import and Export
(Removal of Articles) Regulations.

Schedule.

2. In these regulations 'form' means a form prescribed in the

3. (1) A notice under section 20A(2) of the Ordinance shall be in
the form prescribed in Part 1 of Form 1.

(2) Permission granted under section 20A(4) of the Ordinance to
remove or permit the removal of the article to which Part 1 of Form 1
relates may be given in the form prescribed in Part 11 of Form 1.

4. (1) A notice under section 20B(1) of the Ordinance shall be in
the form prescribed in Part 1 of Form 2.

(2) For the purposes of section 20B(3)(b) of the Ordinance an
officer may inform the consignee or occupier that an examination is
unnecessary by an appropriate endorsement on Form 2 in the form
prescribed in Part 11 thereof and if he examines the article he shall
likewise make the appropriate endorsement.

5. (1) A form shall be used with such variations as the
circumstances of the case may require and shall be signed by the officer
by whom the notice is given.

(2) Particulars required to be stated in any form may be stated on a
document annexed thereto signed by the officer who signs the form and
any document so annexed shall be deemed to be part of the form.

6. A notice under section 20A or 20B of the Ordinance may be
served on any person

(a) by delivery to him personally;

(b) by leaving it at his usual place of abode or business;

(c)in the case of a company as defined for the purposes of the
Companies Ordinance, by leaving it at the registered office of
the company;

(d)in the case of any body of persons, corporate or unincor- by
leaving it at their principal place of business in Hong Kong;





SCHEDULE [regs. 2, 3 & 4.]

FORM 1 [reg. 3.]

IMPORT AND EXPORT ORDINANCE

(Chapter 60)

Notice given by a member of the Customs and Excise Service
prohibiting the removal of articles for the purpose of
establishing the identity of the
consignee of the articles

Serial No . ............

PART I





To: ..............................................................................................................................
(Owner of Vessel /Aircraft /Vehicle*)

Notice is hereby given under section 20A of the Import and Export Ordinance
(Chapter 60) that you are prohibited from removing or permitting the removal of
the
article(s) described as follows-

Description and Quantity
....................................................................................

Identification Mark .........

Vessel/Flight No./Vehicle No.* ...........................................................................

Container No. (if any) .
........................................................................................

Date of

Arrival..............................................

Port of

Loading................................................

Bill of Lading/Air Waybill/Delivery Order No.* ...

from the said vessel /aircraft/vehicle* except to the place designated by you,
namely, .......................... and where such article(s) is/are*
to be stored in the said designated place. you and the occupier thereof namely,
......................, are prohibited from
removing or permitting the removal of such article(s) from the said designated place save in
accordance with permission therefor.

Officer's name ..... Officer's signature ...............
Officer's rank ............. Date ................ Time ..............
Telephone No . ...............
Copy of this notice given to: ......................................
(Occupier of the storage place)
on ....................................... (date) ..............................

...................
Officer's signature

Note: (1)It shall be the duty of the person upon whom this notice is served and
the occupier of the storage place if it is served on him, at any time
prior to the grant of permission to remove or permit the removal of
the article(s) 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. It is a criminal offence not to supply such information.





(2) It is a criminal offence-

(a) to fail to comply with this notice;

(b)where the notice is served on the occupier of any storage place for
him to remove or permit the removal of the article without the
permission of the officer giving this notice.

The maximum penalty is 510,000 and 6 months'
imprisonment.

PART II

Permission is hereby granted for the removal of the article(s) described in Part
I of this notice from the vessel/aircraft /vehicle* or the designated place* specified
in Part 1 of this notice unconditionally/after examination under section 20 of the
said Ordinance*.

Officer's name ......................................

Officer's rank ........................................

*Delete whichever is inapplicable.

Officer's signature .................................

Date................................
Time......................

* Delete whichever is inapplicable.


FORM 2

IMPORT AND EXPORT ORDINANCE

(Chapter 60)

Notice by a member of the Customs and Excise Service
requiring the removal of articles to specified
premises fop. examination

Serial No . ............

PART I

To: ............... .....................

(Consignee of the article(s) )

[reg. 4.]


1. Notice is hereby given under section 20B of the Import and Export
Ordinance (Chapter 60) that you are required to remove the article(s) described as
follows

Description and Quantity
....................................................................................








Identification Mark
..........................................................................................
... Vessel Flight No. Vehicle No.*
...................................................................... Container No.
(if any) ................................................................................

Date of

Arrival .................

Port of

Loading
...............................................
.

Bill of Lading Air Waybill Delivery Order No.*
................................................

from the said vessel aircraft vehicle* to the premises nominated b., you, namely.

......................................1 . for examination by
members of the Customs

and Excise Service ice. You and the occupier thereof. namely .
....................................... are prohibited from removing or permitting the removal
of such article(s) from the said nominated premises until the article(s) has have*
been examined b\; an officer or* such examination is declared unnecessary by an
officer.

*2. It is a condition of this notice that the article(s) shall at all times until it is
the,. are* examined by, an officer under section 20 of the said Ordinance be
guarded b\ an officer.

Officer's name
......................................
Officer's rank
........................................

Telephone No . ..............................

Copy of this notice given to:
....................

on
....................................... (date)
..............

Officer's signature
................................

Date ....Time

.............. 1 .......

(Occupier of the storage place)

... (time)

......................... --- --

Officer 's
Note: (1)It is the duty of the person in control of the premises specified in Part
1 of this notice to permit an officer to have access to. and to examine.






the article(s)

(2)If paragraph 2 is applicable an officer may at any time enter upon the
premises specified in Part 1 of this notice and take such measures as are
reasonably necessary to protect the article(s) described in Part 1 of this
notice from interference until the completion of examination.

(3) It is an offence-

(a) to fail to comply with this notice;

(b)for the consignee of the article(s) and. where this notice served on
the occupier of any storage place. for that occupier. to remove or
permit the removal of the article(s) from the place specified in
this notice until the article(s) is/are examined or an officer has
informed the consignee or occupier an examination is unnecessary.

The maximum penalty is $10.000 and 6 months' imprisonment.

PART II

article(s) described in Part 1 of this notice examined. Examination of the
article(s) described in Part 1 of this notice is unnecessary.*

Officer's name .....Officer's signature

Officer's rank .....Date ......Time

*Delete whichever is
inapplicable.






1983



1983 L.N. 397/83. Citation. Interpretation. Schedule. Notice and permission under section 20A. (Cap. 60.) Notice and permission under section 20B. Use of forms. Service of notice. (Cap. 32.)

L.N. 397/83. Citation. Interpretation. Schedule. Notice and permission under section 20A. (Cap. 60.) Notice and permission under section 20B. Use of forms. Service of notice. (Cap. 32.)

https://oelawhk.lib.hku.hk/items/show/2359

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