EXPORT (CERTIFICATES OF ORIGIN AND COMMONWEALTH PREFERENCE CERTIFICATES) REGULATIONS

EXPORT (CERTIFICATES OF ORIGIN AND COMMONWEALTH PREFERENCE CERTIFICATES) REGULATIONS

EXPORT (CERTIFICATES OF ORIGIN AND COMNW)NWE*t
~pftFE'NCE CEItTIHC*T' REGULATIONS

ARRANGENIENT OF REGULATIONS

Regulation

1. Citation ........................... ... ... ... ... ... ... ...
2. Interpretation ..................... ... ... ... ... ... ... ... ...

3. Power to appoint approved accountants ... ... ... ... ... ...

4. Revocation of appointment of approved accountant ... ... ... ...
5. Suspension of appointment of approved accountant ... ... ... ...

6. Power to issue certificates ........ ... ... ... ... ... ... ...
7. Power to maintain register ......... ... ... ... ... ... ... ...

8. Method of making application and power to call for evidence in support
9. Restrictions on publication of information obtained under regulation 9

10..............Power to issue, etc . .... ... ... ... ... ... ... ... ... ... ...

11.........................Records to be kept and inspection thereof ... ... ... ... ... ...

12.........Offences ................... ... ... ... ... ... ... ... ... ...

13. Liability of principals ... ... ... ... ... ... ... ... ... ... ...

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EXPORT (CERTIFICATES OF ORIGIN AND
COMMONWEALTH PREFERENCE CERTIFICATES)
REGULATIONS

(Cap. 60, section 31)

[13th January, 1961.]

1. These regulations may be cited as the Export (Certificates
of Origin and Commonwealth Preference Certificates) Regulations.

2. In these regulations, unless the context otherwise requires

'approved accountant- means any person appointed by the Director
under regulation 3;

'certificate' means any Certificate of Origin, Commonwealth
Preference Certificate, letter of support other certificate or
letter and any material or thing securely attached thereto issued
under regulation 6 on the application or request of a
manufacturer, processor, producer or exporter of goods
specified in the certificate;

'Commonwealth or Hong Kong; content' means that proportion or
percentage of manufacturirg costs of any article or articles
attributable to Commonwealth or Hong Kong; expenditure
calculated according to the methods and principles laid down in
Notice No. 27A of the Commissioners of Customs and Excise in
London on Commonwealth Preference regarding goods imported
into the United Kingdom as varied or extended by the Director from
time to time;

'to tissue' includes to endorse and to countersign;

'to use a certificate' means to do or to cause to be done any act
which by itself or together with other acts is calculated to
lead to the belief that a certificate relates to any article manu-
factured, processed or produced in the Colony or exported or
to be exported from the Colony.

3. The Director may appoint in writing any professional
accountant holding a practising certificate as provided in the
Professional Accountants Ordinance to be an approved accountant
for the purposes of these regulations.

4. The Director may revoke the appointment of any person to be an
approved accountant-

(a) where he is satisfied that such person has not, for a period
of 3 years, engaged in the work of an






approved accountant for the purposes of these regulations or
in work for the purposes of any claim for Commonwealth
Preference rates of duty:

Provided that the period during which the appointment of
any person as an approved accoutant has been
suspended under the provisions of regulation 5(1) shall
not be taken into account in determining for the purposes of
this paragraph whether or not the appointment of such
person to be an approved accountant shall be revoked;

(b)where he is satisfied that such person is no longer a professional
accountant holding a practising certificates as provided in the
Professional Accountants Ordinance; or

(c)at the request of such person

5. (1) Where he is satisfied that the work ofany approved
accountant is not satisfactory either for the purposes of these
regulations or for the purposes of any claim for Commonwealth
Preference rates of duty, the Director may suspend the appointment
of such accountant:

Provided that, notwithstanding the suspension of his appointment,
the Director may accept any information or document prepared
and certified by such accountant if such information or
document relates to work which such accountant had commenced
before the suspension of his appointment.

(2) Every such suspensign shall be for a period of 3 years
from the day on which such appointment was suspended

(3) Where, under the provisions of paragraph (1), the appointment
of an approved accountant has been suspended, the Director
shall forthwith send to such accountant by registered post a notice in
writing of such suspension, specifying the date on which his
appointment was suspended.


6. (1) The Director and any authorized officer may issue a
certificate in respect of any article manufactured, processed or pro-
duced in the Colony which has been or is to be exported from the Colony.

(2) Such certificate may specify or contain-

(a)the manner in which such article has been manufactured,
processed or produced;

(b) particulars of the persons concerned in the manufacture,
processing, production or exportation of such article;

(c) particulars prepared by an approved accountant and
certified by him as being correct regarding the manner
in which such article has been manufactured, processed





or produced or the Commonwealth or Hong Kong content
present in the article to which the certificate relates;

(d) such other particulars as regards origin or Commonwealth
or Hong Kong content of the article to which the certificate relates
or of teh materials or parts of which the article is composed or which
were use during the manufacture, processing or production of the articles,
the method of shipment and such other details as may identify the article
or in the case of a Certificate of Origin may generally facilitate its
importation into any country or in the case of a Commonwealth Preference
duties of customs may be claimed or obtained in the Commonwealth in respect
of articles exported or to be exported from the Colony,

and such certificate shall be in suc form as the Director may determine
and shall be subject to such conditions as may be endorsed therein.

7. (1) The Director may maintain a register in such form as he may
determine containing the names, addresses and business of those
persons who are approved by him or an authorized officer as being
eligible to receive certificates under these regulations.

(2) The Director may, before issuing a certificate under regulation 6,
require the applicant for the certificate to be registered under paragraph (1)
the name of any person.

(3) The Director may, without assigning any reason therefor,
enter in, refuse to enter in, delete from or restore to the register
maintained under paragraph (1) the name of any person.

(4) The Director may publish the name and address of any person
whose name is entered in, deleted from or restored to the register.

8. (1) Any person or group of persons who wish to be entered upon
the register maintained under the provisions of regulation 7 or who wish
to be issued with a certificate shall apply to the Director in such manner
and in such form as the Director may determine.

(2) For the purposes of registration or continuation of registration
or the issue of a certificate, the Director or an authorized officer may
require an applicant to maintain or to furnish in such form as he may
provide such records or information as he may specify relating to the
manufacture, processing or production and sale of goods by such applicant
whether or not such goods have been exported or are to be
exported and whether or not such goods are included or have been
included or are to be included on any





certificate under these regulations and may further require any information
so furnished to be prepared or certified or both prepared and certified
by an approvel accountant.

(3) As a condition precedent to registration and as a condition of
continuation of registration the Director may require an applicant to give
such undertaking as to the conduct of his business as the Director may
require.

9. (1) No person shall publish any information obtained by the
Director or an authorized officer under regulation 8 which information
discloses the identity of any person or the nature of any goods
manufactured, processed, produced, sold or exported by any person,
unless the Director gives permission for publication of the information.

(2) The Director shall not give permission for the publication of any
information under paragraph (1) unless

(a)publication is limited to the name and address of the person
identifiable by the information or to whom the information
relates and the fact that he is engaged in the manufacture,
processing, production, sale or exportation of a particular
product, and is made for the purpose of

(i) replying to a trade inquiry; or

(ii) furnishing information to a chamber of commerceor other body
for the time being specified in the Schedule to the Protection of
Non-Government Certificates of Origin Ordinance or to any other
person or organization engaged in trade promotion or similar
activities;

(b)in the opinion of the Director, such publication is desirable for
the purposes of

(i) enforcing a provision of these regulations;

(ii) investigating a suspected offence against these
regulations; or

(iii) investigating a suspected offence in respect of a
certificate or an application for or use of a certificate; or

(e)the person identifiable by the information or to whom the
information relates consents in writing to publication of the
information.

10. The Director or an authorized officer may without assigning any
reason therefor

(a) issue or refuse to issue a certificate;

(b)impose such conditions on the issue of any certificate or type
of certificate or in respect of any class or type of





goods for which a certificate may be issued as he may decide;
and

(c) revoke any certificate issued under regulation 6.

11. (1) Without prejudice to regulation 8(2), a person whose name
is entered in a register maintained under regulation 7 shall keep

(a) accurate and up-to-date records containing particulars of-

(i) wages paid to his employees;

(ii) purchases of materials used in the manufacture,
processing or production of any article;

(iii) the use of any such materials;

(iv) the daily production of articles manufactured, processed
or produced by him;

(v) sales of articles manufactured, processed or produced
by him or another person for him and his stock of such
articles;

(vi) any work, being work consisting of the manufacture,
processing or production of any article, being carried out for
him by another person;

(b) a cash book showing a record of cash and bank receipts and
payments;

(c)such other records and documents as the Director may require.

(2) The record containing particulars of wages paid to employees
shall contain an acknowledgment by each employee of the receipt of his
wages.

(3) Any record kept under paragraph (1) shall be retained by such
person for not less than 2 years after the date of the last entry
therein.

12.(1) Any person who without lawful authority-

(a)uses a certificate in respect of an article other than an article of
the origin, description, quality or Commonwealth or Hong
Kong; content specified in such certificate;

(b)exports an article which is the subject matter of a certificate to
a place or in a manner other than specified in the application
pursuant to which such certificate has been issued;

(c)makes or causes to be made to any certificate issued under
these regulations any alteration whether by addition,
insertion, obliteration, erasure, removal or otherwise;





(d)substitutes or permits, suffers, or allows any other person to
substitute any article whatsoever for any other article in respect
of which a certificate has been issued under these regulations,

shall be guilty of an offence and shall be liable on summary convic-
impri 0

tion to a fine of $100,000 and to imprisonment for 1 year.

(2) Any person who-

(a) with intent to deceive makes or gives or causes to be made or
given any false or incorrect statement in any declaration or
any information whatsoever whether verbal or in writing
required by the Director or an authorized officer under these
regulations;

(b)with intent to deceive makes or gives or causes to be made or
given any false or incorrect information in any document which
he knows or has reason to believe may be used in support of an
application for registration or for. the issue of a certificate made
under the provisions of regulation 8;

(ba) furnishes or causes to be furnished to any other person a
document which

(i) be knows or has reason to believe may be used in support
of an application for the issue of a certificate made under the
provisions of regulation 8; and

(ii) has been signed by him in blank or with the material
particulars incomplete;


(c)is in breach of any undertaking or part thereof given under the
provisions of regulation 8;

. (d) contravenes any of the provisions of regulation 11 ; or

(e)makes in any record kept under regulation 11(1) any statement
which he knows or reasonably ought to know to he false in a
material particular,

shall be quilty of an offence and shall be liable on summary con-
viction to a fine of $50,000 and to imprisonment for 1 year.

(3) Where a person convicted of an offence under these regula-
tions is a company, every director and every officer concerned in the
management of the company shall be guilty of the like offence unless he
proves that the act constituting the offence took place without his
knowledge or consent.



(4) For the purposes of paragraph (2)(ba), the following shall be
material particulars-





(a)particulars of the place at which an article was manu-
factured, processed or produced;

(b)particulars of the principal materials used in the manu-
facture, processing or production of an article and the
source thereof;

(c)particulars of the manner in which in substance an article
has been manufactured, processed or produced;

(d)a description of an article including any brand name or
trade mark; and

(e) particulars of the quantity or weight of an article.

13. Any person who authorizes another person (hereinafter
referred to as the agent) to act for him in relation to anything
required to be done under any of these regulations shall be liable
for the acts and omissions of the agent, and may accordingly be
prosecuted for any offence committed by the agent with respect to
any such act or omission in the same manner as if he had himself
committed the offence, but shall not be sentenced to imprisonment
unless he actually consented to the commission of the offence:

Provided that nothing herein shall relieve the agent from
liability to prosecution.
G.N.A. 1/61. L.N. 19/70. L.N. 170/71. 76 of 1973. L.N. 139/74. Citation. Interpretation. L.N. 170/71. Power to appoint approved accountants. L.N. 170/71. 76 of 1973, s. 3. (Cap. 50.) Revocation of appointment of approved accountant. 76 of 1973, s. 3. (Cap. 50.) Suspension of appointment of approved accountant. L.N. 170/71. Power to issue certificates. L.N. 170/71. L.N. 170/71. Power to maintain register. L.N. 170/71. Method of making application and power to call for evidence in support. L.N. 170/71. Restrictions on publication of information obtained under regulation 8. L.N. 19/70. (Cap. 324.) Power to issue, etc. L.N. 170/71. Records to be kept and inspection thereof. L.N. 170/71. Offences. L.N. 139/74. L.N. 170/71. L.N. 139/74. Liability of principals.

G.N.A. 1/61. L.N. 19/70. L.N. 170/71. 76 of 1973. L.N. 139/74. Citation. Interpretation. L.N. 170/71. Power to appoint approved accountants. L.N. 170/71. 76 of 1973, s. 3. (Cap. 50.) Revocation of appointment of approved accountant. 76 of 1973, s. 3. (Cap. 50.) Suspension of appointment of approved accountant. L.N. 170/71. Power to issue certificates. L.N. 170/71. L.N. 170/71. Power to maintain register. L.N. 170/71. Method of making application and power to call for evidence in support. L.N. 170/71. Restrictions on publication of information obtained under regulation 8. L.N. 19/70. (Cap. 324.) Power to issue, etc. L.N. 170/71. Records to be kept and inspection thereof. L.N. 170/71. Offences. L.N. 139/74. L.N. 170/71. L.N. 139/74. Liability of principals.

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