RESERVED COMMODITIES ORDINANCE

RESERVED COMMODITIES ORDINANCE

LAWS OF HONG KONG

RESERVED COMMODITIES ORDINANCE

CHAPTER 296

OF

REVISED EDITION 1984

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





CHAPTER 296

RESERVED COMMODITIES ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page
1. Short title ... ...... ... ... ... ... ... ... ... ... ... ... ... ... 2
2. Interpretation and application ... ... ... ... ... ... ... ... ... ... ... 2
3. Regulations ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 3
4. Authorized officers... ... ... ... ... ... ... ... ... ... ... ... ... 4
5. Commissioner or Director and authorized officers subject to Governor's directions 4
6. Production of copy documents ... ... ... ... ... ... ... ... ... ... ... 5
7. Burden of proof that reserved commodity is in transit ... ... ... ... ... ... 5
8. Time limitation for criminal proceedings ... ... ... ... ... ... ... ... ... 5
9. Forfeiture ... ...... ... ... ... ... ... ... ... ... ... ... ... ... 5
10. Powers of entry, search and seizure and to examine documents ... ... ... ... 5
11. Power of arrest of members of the Customs and Excise Service and authorized
officers ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 7
12. Obstruction of members of Customs and Excise Service etc . ... ... ... ... ... 8
13. Appeal to the Governor ... ... ... ... ... ... ... ... ... ... ... .. 1 8





CHAPTER 296

RESERVED COMMODITIES

To make pro provision with respect of reserved
commodities.

[1 November 1979.1

1. This Ordinance may be cited as the Reserved Commodities
Ordinance.

2. (1) In this Ordinance, unless the context otherwise requires

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

,,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 public officer authorized by the
Commissioner under section 4; (Aniended, L.N. 294182)

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

'Director' means the Director of Trade and any Deputy or Assist-
and 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 issued under regulations made under section
3;

'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;

'permit' means a permit issued under regulations made under section 3;

'registered' means registered under regulations made under section 3;





'reserved commodity' means any commodity specified as a reserved
commodity under regulations made under section 3;

'sale' and 'purchase' include a sale and purchase by barter;

',sale by retail' means every sale of an article other than a sale by
wholesale;

',sale by wholesale' means any sale of an article in whatever quantity
for resale in the same form or state or as part of a manufactured
product;

'transhipment cargo' means any imported article that is consigned on a
through bill of lading or a through air waybill from a place outside
Hong Kong to another place outside Hong Kong and is or is to be
removed from the vessel, vehicle or aircraft in which it was
imported and either returned to the same vessel, vehicle or aircraft
or transferred to another vessel, vehicle or aircraft before being
exported, whether it is or is to be transferred directly between such
vessels, vehicles or aircraft or whether it is to be landed in Hong
Kong after its importation and stored pending exportation;
(Added, 51 of 1984, s. 2)

-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.

(2) This Ordinance shall not apply to-

(a) articles in transit; or

(b)transhipment cargo imported or exported by a person to
whom an'exemption relating to that transhipment cargo has
been granted pursuant to regulations made under section
3(1)(ja). (Replaced, 51 of 1984, s. 2)

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

(a)specifying any article to be a reserved commodity for any
purpose;

(b)prohibiting or controlling the sale or purchase of any
reserved commodity for the purpose of resale in or export
from Hong Kong;

(c)regulating or controlling the maximum price of any reserved
commodity;

(d)prohibiting, regulating or controlling the import or export of
any reserved commodity;





(e)prohibiting, regulating or controlling the movement or
distribution of any reserved commodity;

prohibiting, regulating or controlling the storage of any
reserved commodity;

(g)restricting the sale by wholesale or retail of any reserved
commodity to persons registered or holding licences or permits
issued under the regulations;

(h)restricting the sale of any reserved commodity either by an
individual or generally by all persons dealing in such reserved
commodity;

(i)prohibiting, regulating or controlling the manufacture,
processing or production of any reserved commodity either
generally or as regards form, shape, quantity, quality,
constituents or otherwise;

(j)the issue of licences, permits and certificates and the
registration of persons and premises for the purposes of this
Ordinance;

(ja) empowering the Director to exempt any person from any
requirement to obtain a licence to import or export any
reserved commodity; (Added, 51 of 1984, s. 3)

(k)the examination of reserved commodities stored or kept in any
premises or in or on any vessel. aircraft or vehicle by or on
behalf of any person

(1)information and particulars to be given in respect of reserved
commodities;

(m) fees and charges;

(n)appeal to the Governor against any decision of the
Commissioner or the Director; (Aniended, L.N. 294182)

(o)generally for the better carrying out of the provisions and
purposes of this Ordinance.

(2) Regulations under this section may provide that a
contravention of any such regulation shall be an offence and shall be
punishable on conviction by a fine not exceeding $100,000 and
imprisonment for a term not exceeding 2 years.

4. The Commissioner may authorize in writing any public officer to
exercise all of the powers conferred on an authorized officer by this
Ordinance or such of those powers as the Commissioner may specify.

(Amended, 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 by the
Commissioner or the Director or an authorized officer of any powers,
functions or duties under this Ordinance.





(2) The Commissioner or the Director and every authorized 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. 294/82)

6. (1) In any proceedings for an offence under this Ordinance, a
copy of any document issued under this Ordinance, certified by the
Director to be a true copy of such document, shall be prima facie
evidence of the contents of the original document.

(2) Any such copy purporting to be certified by the Director shall
be deemed, until the contrary is proved, to have been certified by him.

7. In any proceedings for an offence under this Ordinance and in
any proceedings for the forfeiture of any article by virtue of section 9,
the burden of proving that any reserved commodity is an article in
transit shall be upon the defendant in such criminal proceedings and the
claimant in such forfeiture proceedings.

8. Notwithstanding anything in the Magistrates Ordinance. a
complaint may be made or an information laid in respect of an offence
under this Ordinance punishable only on summary conviction within 2
years from the time when the matter of such complaint or information
respectively arose.

9. Any reserved commodity in respect of which an offence under
this Ordinance has been committed shall. whether or not any person
has been convicted of such offence, be liable to forfeiture under Part VI
of the Import and Export Ordinance and sections 27, 28 and 30 of that
Ordinance shall apply accordingly.

10. (1) Subject to subsection (2), any member of the Customs and
Excise Service and any authorized officer may. for the purposes of this
Ordinance

(a)enter and search any premises (other than domestic premises),
or stop, board and search any vessel, aircraft or vehicle, if he
has reason to suspect that there is therein

(i) any reserved commodity in respect of which an offence
under this Ordinance is being or has been committed; or

(ii) any thing which is or contains evidence of an offence
under this Ordinance;

(b)stop and search any person if he has reason to suspect that
such person is guilty of an offence under this Ordinance,

(c) seize, remove and detain-

(i) any reserved commodity, if he has reason to suspect
that an offence under this Ordinance is being or has been
committed in respect thereof, and





(ii) any thing, if he has reason to suspect that it is or
contains evidence of an offence under this Ordinance;

(d)enter and inspect any registered premises or any premises in
which a reserved commodity is stored or kept by a person who
is registered or to whom a licence or permit has been issued
and enter any premises for the purposes of paragraph (e);

(e)require the production of and examine any document relating
to a reserved commodity in the possession of any person who
is registered, or to whom a licence or permit has been issued,
in respect of such reserved commodity or to dealings by him
in such reserved commodity.

(2) No domestic premises shall be entered or searched by a member
of the Customs and Excise Service or any authorized officer unless

(a) a magistrate has issued a warrant under subsection (3): or

(b)the Commissioner or a member of the Customs and Excise
Service of or above the rank of assistant superintendent has
given an authorization under subsection (4). (Amended. L.N.
294,182)

(3) A. magistrate may, if he is satisfied by information on oath that
there is reasonable ground for suspecting that there is in any domestic
premises any reserved commodity or other thing which may he seized
under subsection issue a warrant authorizing any member of the
Customs and Excise Service or an authorized officer to enter and search
the premises.

(4) The Commissioner or a member of the Customs and Excise
Service of or above the rank of assistant superintendent may. if lie
reasonably suspects- (Amended, L.N. 294,182)

(a) that there is in any domestic premises anything which may
be seized under subsection and 1

(b)that unless the premises are entered and searched immediately
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.

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

(6) Any member of the Customs and Excise Service or any
authorized officer may





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

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

(e)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 or under this Ordinance;

(d)detain any person found in any premises which he is
empowered by or under this Ordinance to search until such
premises have 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.

(7) No person shall be searched under this section except by a
person of the same sex or in a public place if he objects to being
searched in such a place.

11. (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 whorn lie 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.
after any necessary inquiries, take the person to a police station, there
to be dealt with in accordance with the Police Force Ordinance.

(3) In no case shall any person be detained under subsection (1) or
(2) for more than 48 hours without being charged and brought before a
magistrate.

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

(5) 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 and
if the person residing in or in charge of such premises fails to allow
such member of the Customs and Excise Service or such authorized
officer free entry thereto and such reasonable facilities such member of
the Customs and Excise Service





and such authorized officer may enter such premises or place and search
therein for the suspected offender and for the purposes of such entry
and search break open any outer or inner door or window of the
premises or place.

12. Any person who 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 or authorized officers by 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.

13. Any person aggrieved by a decision of the Commissioner or
the Director under this Ordinance may, within 21 days from the date
when he was informed of the decision or within such further period as
the Governor may allow in any particular case, appeal by way of petition
to the Governor.

(Aniended, L.N. 294/82)
Originally 12 of 1978. L.N. 294/82. 51 of 1984. L.N. 253/79. Short title. Interpretation and application. (Cap. 342.) Regulations. Authorized officers. Commissioner or Director and authorized officers subject to Governor's directions. Production of copy documents. Burden of proof that reserved commodity is in transit. Time limitation for criminal proceedings. (Cap. 227.) Forfeiture. (Cap. 60.) Powers of entry, search and seizure and to examine documents. Power of arrest of members of the Customs and Excise Service and authorized officers. (Cap. 232.) Obstruction of members of Customs and Excise Service etc. Appeal to the Governor.

Originally 12 of 1978. L.N. 294/82. 51 of 1984. L.N. 253/79. Short title. Interpretation and application. (Cap. 342.) Regulations. Authorized officers. Commissioner or Director and authorized officers subject to Governor's directions. Production of copy documents. Burden of proof that reserved commodity is in transit. Time limitation for criminal proceedings. (Cap. 227.) Forfeiture. (Cap. 60.) Powers of entry, search and seizure and to examine documents. Power of arrest of members of the Customs and Excise Service and authorized officers. (Cap. 232.) Obstruction of members of Customs and Excise Service etc. Appeal to the Governor.

https://oelawhk.lib.hku.hk/items/show/3144

1964

v20

296

9