RESERVED COMMODITIES (CONTROL OF IMPORTS, EXPORTS AND RESERVE STOCKS) REGULATIONS

RESERVED COMMODITIES (CONTROL OF IMPORTS, EXPORTS AND RESERVE STOCKS) REGULATIONS

RESERVED COMMODITIES (CONTROL OF IMPORTS,
EXPORTS AND RESERVE STOCKS) REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation Page

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

3. Prohibition of import of reserved commodities except under licence ... ... A 2
4. Prohibition of export of reserved commodities except under licence ... ... A 3

5. Delivery of import licence and manifest to Director ... ... ... ... ... A 3

6. Delivery of import licence and manifest in case of part shipment ... A 3

7..........................................Carrier not to accept reserved commodity for export unless licence produced A 4

7A.................................Retention of possession of reserved commodity after import ... ... ... A 4

8. Delivery of export licence and manifest to the Director ... ... ... ... A 4

9. Storage of reserved commodities on importation ... ... ... ... ... ... A 4
10...........................Approved reserved commodity storage places . ... ... ... ... ... ... A 5

11. Application for and conditions of licence to import or export ... ... ... ... A 5

12........................Application to be registered as a stockholder ... ... ... ... ... ... ... A 5

13..................Registration as a stockholder ... ... ... ... ... ... ... ... ... ... A 6

14......................Certificate of registration of stockholder ... ... ... ... ... ... ... ... A 6

15................Register of stockholders ... ... ... ... ... ... ... ... ... ... ... A 6

16........................Cancellation of registration of stockholder ... ... ... ... ... ... ... A 7

17. Disposal of stocks by stockholder on cancellation of registration ... ... ... A 7

18................Duty to maintain stock ..... ... ... ... ... ... ... ... ... A 7

19..................Records and returns of stocks ... ... ... ... ... ... ... ... ... ... A 7

20.............Control of stocks .......... ... ... ... ... ... ... ... ... ... ... A 8
21.............Inspection of stocks .......... ... ... ... ... ... ... ... ... ... ... A 8

22...................................Restriction on sales by wholesale by stockholder and price control ... ... A 8

23. Prohibition of sales by wholesale to registered wholesaler convicted of offence

against the Ordinance ................... ... ... ... ... ... ... ... A 9

24...................................Offences in respect of applications, licences. certificates and records ... ... A 9

25...........Other offences .................. ... ... ... ... ... ... ... ... ... A 9
26...........Transitional .................... ... ... ... ... ... ... ... ... ... A 10

Schedule ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 10





RESERVED COMMODITIES (CONTROL OF IMPORTS,
EXPORTS AND RESERVE STOCKS) REGULATIONS

(Cap. 296, section 3)

[1 November 1979.1

1. These regulations may be cited as the Reserved Commodities
(Control of Imports, Exports and Reserve Stocks) Regulations.

2. In these regulations, unless the context otherwise requires

'licence' means a licence issued under these regulations;

'manifest' means a document which records or purports to record such
particulars of the consignment of cargo in or on any vessel, aircraft or
vehicle as may be prescribed by the Director of Trade, Industry and
Customs under section 17 of the Import

and Export Ordinance;

,,owner', in respect of a vessel, aircraft or vehicle, means

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

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

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

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

'reserved commodity' means a commodity specified as a reserved
commodity in the Schedule;

'reserved commodity storage place' means any godown, store or
other place approved by the Director under regulation 10;

',stockholder' means any person registered as a stockholder with the
Director under regulation 13(1)(a).

3. (1) Subject to paragraphs (2) and (3), no person shall import into
Hong Kong any reserved commodity except under an import licence
issued by the Director.

(2) If there is brought into Hong Kong in any ship an amount of
any reserved commodity not exceeding that which is reasonably
required for consumption or use in the working of such ship then such
reserved commodity shall be deemed not to have been imported within
the meaning of this regulation so long as it remains on such ship.





(3) No import licence shall be required in respect of any
reserved commodity imported into Hong Kong in the personal
luggage of a person solely for his own consumption or as gifts, in an
amount not exceeding 15 kg provided, except in the case of rice, the
reserved commodity is accompanied by an official certificate, as
defined in the Imported Meat and Poultry Regulations.

4. (1) Subject to paragraph (2), no person shall export from
Hong Kong any reserved commodity except under an export licence
issued by the Director.

(2) No export licence shall be required in respect of any
reserved commodity exported from Hong Kong in the personal
luggage of a person solely for his own consumption or as gifts, in an
amount not exceeding 15 kg.

5. (1) Subject to regulation 6, a person to whom an import
licence for a reserved commodity has been issued shall present the
licence to the owner of the vessel, aircraft or vehicle in or on which
the reserved commodity is imported within 7 days after the reserved
commodity is imported.

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

(a)may release the reserved commodity 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 reserved commodity was imported, duly certified by
him as a true copy or extract of the manifest.

6. (1) If a reserved commodity which is imported forms part
only of a consignment of the reserved commodity in respect of which
the licence has been issued, 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
reserved commodity which has been imported forms part
only of a consignment of that reserved commodity in
respect of which the licence was issued,

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

(2) The owner of the vessel, aircraft or vehicle, on receiving
from a licensee an endorsed import licence and written declaration
pursuant to paragraph (1)-





(a)may release the reserved commodity 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 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 reserved commodity was imported,
duly certified by him as a true copy or extract of the manifest.

(3) The written declaration referred to in paragraph (1) or (2) shall be
made in such form as the Director may specify.

7. Except in amounts and in the circumstances specified in
regulation 4(2), the owner of a vessel, aircraft or vehicle shall not accept
a reserved commodity for export on the vessel, aircraft or vehicle until
there is produced to him an export licence for that reserved commodity.

7A. Except in the amounts and in the circumstances specified in
regulation 3(3). the owner of a vessel, aircraft or vehicle in which any
reserved commodity is imported shall retain possession of the reserved
commodity

(a)until there is produced to him an import licence for that
reserved commodity. or

(b)the Director gives to the owner of the vessel, aircraft or
vehicle written directions in respect of the removal or storage
of the reserved commodity.

8. (1) Where a licence has been issued for the export of a reserved
commodity, the owner of the reserved commodity 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 a
reserved commodity in respect of which an export licence has been
issued is exported shall, within 14 days after the day on which the
reserved commodity 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 iehicle in or on which the reserved commodity
has been exported.

9. (1) A person to whom a licence to import a reserved commodity
is issued shall upon its importation store the reserved commodity in a
reserved commodity storage place if required to do so by the licence.





(2) No person shall take or give delivery of any reserved
commodity except in accordance with the written authority of the
Director:

Provided that

(a)the owner or agent of the owner of any vessel, aircraft or
vehicle by which a reserved commodity has been imported
may deliver such reserved commodity to a reserved
commodity storage place and delivery of such reserved
commodity at such reserved commodity storage place may be
taken without any written authority from the Director; and

(b)an export licence granted in accordance with regulation 4 shall
be deemed to be a sufficient authority for the purpose of this
paragraph.

10. The Director may approve any godown, store or other place as
a reserved commodity storage place either generally or limited to a
specified period, a specified reserved commodity or a specified quantity
of a reserved commodity and may attach to such approval such
conditions as he thinks fit.

11. (1) The Director may issue a licence to any person to import or
export any reserved commodity.

(2) An application for a licence shall be made in writing to the
Director.

(3) A licence issued by the Director may be subject to such
conditions as the Director thinks fit as to

(a)the amount of the reserved commodity comprised in such
licence;

(b)the period of time within which and the means by which such
reserved commodity may be imported or exported;

(c)in the case of an import licence, the period of time within
which the said reserved commodity or any part thereof shall
be sold or exported;

(d)in the case of an import licence. whether the reserved
commodity is to be stored in a reserved commodity storage
place upon importation.

12. (1) Any person may apply to the Director to be registered as a
stockholder of a reserved commodity.

(2) An application for registration as a stockholder of a reserved
commodity shall be in writing in a form approved by the Director and
shall include

(a)the reserved commodity in respect of which the applicant
wishes to be registered as a stockholder. and





(b)the amount of such reserved commodity which the
applicant is prepared to hold as a stockholder.

(3) A separate application shall be made in respect of each
reserved commodity.

13. (1) Within 14 days of the receipt by him of an application
under regulation 12 for registration as a stockholder of a reserved
commodity, the Director may-

(a)register the applicant as a stockholder of the reserved
commodity in respect of which the application was made;
or

(b)give notice in writing to the applicant of his refusal so to
register the applicant.

(2) The registration of a stockholder shall be subject to such
conditions as the Director may impose.

14. (1) The Director shall issue to a stockholder a certificate
of registration.

(2) Subject to regulation 16, a certificate of registration as a
stockholder shall be valid for the period stated in the certificate.

(3) The certificate of registration shall state-

(a)the quantity of the reserved commodity which the stock-
holder is required to hold in stock; and

(b)the conditions imposed by the Director under regulation
13(2).

(4) The quantity of a reserved commodity which a stockholder
is required to hold in stock shall not exceed the amount stated by the
stockholder in his application to be registered as a stockholder.

(5) A certificate of registration shall be in such form as the
Director may approve.

(6) The Director may at any time alter* the conditions of
registration of a stockholder and the quantity of the reserved
commodity which the stockholder is required to hold in stock.

(7) Where the Director alters the conditions of registration of
a stockholder or the quantity of the reserved commodity the
stockholder is required to hold in stock the stockholder shall on
being required by the Director surrender his certificate to the
Director who shall issue a new certificate to the stockholder.

15. (1) The Director shall cause to be maintained a register of
stockholders for each reserved commodity.

(2) Such registers shall be available for inspection by any
person at the offices of the Director during office hours on payment
of a fee of 55.





16. (1) The Director may cancel the registration of a stock-
holder-

(a) at the request of the stockholder;

(b)on the death, dissolution of partnership or bankruptcy of
the stockholder or, in the case of a company, on the
winding up of the stockholder;

(c)if any condition of his registration in respect of the
reserved commodity is contravened;

(d)if the registered stockholder or any person employed by
him commits an offence under the Ordinance;

(e) by giving the stockholder 3 months notice in writing.

(2) Where the Director cancels the registration of a stock-
holder under paragraph (1), he shall notify the stockholder and shall
state under which sub-paragraph of paragraph (1) the registration is
cancelled.

(3) Where the Director has notified a stockholder of the
cancellation of his registration under paragraph (2), the stockholder
shall forthwith surrender his certificate of registration to the
Director.

(4) Where the Director serves a notice on a stockholder of the
cancellation under paragraph (1)(e) of his registration, the stock-
holder shall surrender his certificate of registration to the Director
within the period specified in the notice.

17. Where the Director cancels the registration of a stock-
holder of a reserved commodity, the stockholder shall dispose of his
stocks of that reserved commodity in accordance with the directions
of the Director.

18. (1) A stockholder shall at all times during the con-
tinuance of his certificate of registration maintain as stock not less
than the amount of the reserved commodity specified in his
certificate, or such lesser amount as the Director may from time to
time authorize in writing.

(2) Such stock shall be maintained in such reserved commodity
storage place as the Director may from time to time in writing direct.

(3) Such stock shall be maintained in good condition to the
satisfaction of the Director.

19. The Director may require a stockholder to-
(a) keep such records; and
(b)submit to the Director such returns of stock of and
transactions in the reserved commodity in respect of which
he is registered, balance sheets, profit and loss accounts
and other financial records,
as the Director may specify.





20. (1) The Director may by notice in writing to a stockholder order
that the stock of a reserved commodity held by such stockholder or any
part thereof shall be

(a)removed from any reserved commodity storage place in which
it is stored;

(b) replaced by other stocks of such reserved commodity; or

(c) otherwise dealt with as the Director may direct.

(2) A stockholder who receives an order from the Director under
this regulation shall forthwith carry out such order at the sole expense of
such stockholder.

21. (1) The Director or an authorized officer may at any time enter
the premises of a stockholder for the purpose of examining the reserved
commodities held by the stockholder and all documents relating thereto.

(2) A stockholder shall permit the Director or any authorized
officer to enter any premises of the stockholder at any time for the
purposes of paragraph (1) and to inspect any reserved commodities and
any documents relating thereto on the premises.

22. (1) The Director may by notice in writing to a stockholder of a
reserved commodity

(a)restrict the sale by wholesale of that reserved commodity by
the stockholder to

(i) registered wholesalers; or

(ii) specified registered wholesalers,

in that reserved commodity; or

(b)fix the maximum price at which the stockholder may sell that
reserved commodity by wholesale

(i) generally;

(ii) to registered wholesalers in that reserved commodity; or

(iii) to other classes of persons specified in the notice;

(c)require the stockholder to sell such quantity of the reserved
commodity to such registered wholesaler or other person, as
the Director may specify ai a price not exceeding the maximum
price fixed under paragraph (b).

(2) A notice under paragraph (1) may be addressed to all
stockholders or to specified stockholders.

(3) A notice under paragraph (1) shall be-

(a) served on each stockholder to whom it applies; and

(b) published in the Gazette.





(4) A stockholder to whom a notice under paragraph (1) applies
shall comply therewith as soon as the notice is

(a) served on him; or

(b) published in the Gazette,

whichever is the sooner.

23. (1) The Director may by notice in writing to a stockholder of a
reserved commodity prohibit the sale by wholesale of that reserved
commodity by the stockholder to a registered wholesaler specified in
the notice on the ground that such wholesaler has been convicted of
an offence under the Ordinance.

(2) Notice of a prohibition under paragraph (1) shall be served on
the stockholder who shall forthwith comply with the prohibition.

(3) A copy of a notice served on a stockholder under paragraph
(2) shall be served on the registered wholesaler specified in the notice.

(4) A notice under paragraph (1) may specify more than 1
registered wholesaler and be addressed to more than 1 stockholder.

24. (1) Any person who-

(a) in an application for a licence under regulation 11;

(b)in an application for registration as a stockholder under
regulation 12; or

(c) in any record kept or return made under regulation 19,

makes any statement or furnishes any information which he knows or
ought to know to be false or misleading in a material particular shall be
guilty of an offence and shall be liable on conviction to a fine of 550,000
and to imprisonment for 1 year.

(2) Any person who, without the authority of the Director, alters in
a material particular a licence issued under regulation 11 or a certificate
issued under regulation 14 shall be guilty of an offence and shall be
liable on conviction to a fine of $100,000 and to imprisonment for 2
years.

25. (1) Any stockholder who fails to comply with regulation 18
shall be guilty of an offence and shall be liable on conviction to a fine
of $100,000 and to imprisonment for 2 years.

(2) Any person who-

(a) contravenes regulation 3, 4, 9 or 21;

(b) fails to comply with regulation 19;

(c)fails to comply with a notice under regulation 22(1) in
accordance with regulation 22(4); or





(d)fails to comply with a notice of prohibition under regulation
23(1) in accordance with regulation 23(2),

shall be guilty of an ofrence and shall be liable on conviction to a fine of
$50,000 and to imprisonment for 1 year.

(3) Any person who contravenes regulation 7 or 7A shall, unless he
proves that he did not know and could not with reasonable diligence
have known that the commodity accepted for export, or imported, as the
case may be, was a reserved commodity, be guilty of an offence and
shall be liable on conviction to a fine of $50,000 and to imprisonment for
1 year.

(4) Any person who without reasonable excuse, fails to comply
with any direction of the Director under regulation 17 or with an order of
the Director under regulation 20 shall be guilty of an offence and shall
be liable on conviction to a fine of $50,000 and to imprisonment for 1
year.

(5) Any person who fails to surrender his certificate of registration
under regulation 14(7) or regulation 16(3) or (4) shall be guilty of an
offence and shall be liable on conviction to a fine of $5,000 and to
imprisonment for 3 months.

(6) Any person who contravenes regulation 5, 6 or 8 shall be guilty
of an offence and shall be liable on conviction to a fine of $5,000.

26. Any person who at the commencement of these regulations was
registered under the Import and Export (Reserved Commodities)
Regulations in respect of a reserved commodity shall be deemed to have
been registered as a stockholder in that reserved commodity under
regulation 13(1)(a).

SCHEDULE [reg. 2.]

RESERVED
COMMODITIES

1. Rice, with or without husk, and milled or unmilled 2. Frozen or chilled beef,
mutton and pork, including veal, lamb, and all offals. 3. Frozen poultry,
including

(a) the carcass of a domestic fowl, duck, goose or turkey;

(b) any part of any such carcass; or

(c)any part of any bird mentioned in paragraph (a) of this item, other than a
part mentioned in paragraph (a) or (b), which is edible or which is used in
the preparation of food.
L.N. 84/78. L.N. 336/81. Citation. Interpretation. (Cap. 60.) Schedule. Prohibition of import of reserved commodities except under licence. L.N. 336/81. L.N. 336/81. (Cap. 132, sub. Leg.) Prohibition of export of reserved commodities except under licence. L.N. 336/81. Delivery of import licence and manifest to Director. Delivery of import licence and manifest in case of part shipment. Carrier not to accept reserved commodity for export unless licence produced. L.N. 336/81. Retention of possession of reserved commodity after import. L.N. 336/81. Delivery of export licence and manifest to the Director. Storage of reserved commodities on importation. approved reserved commodity storage places. Application for and conditions of licence to import or export. Application to be registered as a stockholder. Registration as a stockholder. Certificate of registration of stockholder. Register of stockholders. Cancellation of registration of stockholder. Disposal of stocks by stockholder on cancellation of registration. Duty to maintain stock. Records and returns of stocks. Control of stocks. Inspection of stocks. Restriction on sales by stockholder and price control. Prohibition of sales by wholesale to registered wholesaler convicted of offence against the Ordinance. Offences in respect of applications, licences, certificates and records. Other offences. L.N. 336/81. Transitional. (Cap. 60, sub. leg.)

L.N. 84/78. L.N. 336/81. Citation. Interpretation. (Cap. 60.) Schedule. Prohibition of import of reserved commodities except under licence. L.N. 336/81. L.N. 336/81. (Cap. 132, sub. Leg.) Prohibition of export of reserved commodities except under licence. L.N. 336/81. Delivery of import licence and manifest to Director. Delivery of import licence and manifest in case of part shipment. Carrier not to accept reserved commodity for export unless licence produced. L.N. 336/81. Retention of possession of reserved commodity after import. L.N. 336/81. Delivery of export licence and manifest to the Director. Storage of reserved commodities on importation. approved reserved commodity storage places. Application for and conditions of licence to import or export. Application to be registered as a stockholder. Registration as a stockholder. Certificate of registration of stockholder. Register of stockholders. Cancellation of registration of stockholder. Disposal of stocks by stockholder on cancellation of registration. Duty to maintain stock. Records and returns of stocks. Control of stocks. Inspection of stocks. Restriction on sales by stockholder and price control. Prohibition of sales by wholesale to registered wholesaler convicted of offence against the Ordinance. Offences in respect of applications, licences, certificates and records. Other offences. L.N. 336/81. Transitional. (Cap. 60, sub. leg.)

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