PROTECTION OF NON-GOVERNMENT CERTIFICATES OF ORIGIN ORDINANCE
Title
PROTECTION OF NON-GOVERNMENT CERTIFICATES OF ORIGIN ORDINANCE
Description
LAWS OF HONG KONG
PROTECTION OF NON-GOVERNMENT
CERTIFICATES OF ORIGIN ORDINANCE
CHAPTER 324
CHAPTER 324
PROTECTION OF NON-GOVERNMENT CERTIFICATES
OF ORIGIN ORDINANCE
ARRANGEMENT OF SECTIONS
Section
1. Short title
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
... ... ... ...
Interpretation
Power to issue certificates ...
Discretion to refuse to issue or to revoke certificates of origin
Power to maintain register ... ...
Method of making application and power to call for evidence in support
Offences in relation to certificates of origin
Liability of company, directors, etc. ...
Time limit for charge of offence ... ...
Powers of authorized officers ... ...
Power of arrest ... ... ...
Amendment of Schedule
Saving ...
Schedule. Chambers of commerce and other bodies to whose certificates of origin the
Ordinance applies ...
Page
2
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CHAPTER 324
PROTECTION OF NON-GOVERNMENT CERTIFICATES
OF ORIGIN
To make provision for the better protection of certificates of origin
issued by chambers of commerce and other bodies.
[8 September 1967.]
1. This Ordinance may be cited as the Protection of
NonGovernment Certificates of Origin Ordinance.
2. In this Ordinance, unless the context otherwise requires
'authorized officer' means an officer of the Customs and Excise
Department authorized in writing by the Commissioner to carry out
duties under this Ordinance; (Replaced, L.N. 294182)
'certificate of origin' means a certificate of origin issued under section
3;
'chamber of commerce or other body' means a chamber of
commerce or other body specified in the Schedule;
'Commissioner' means the Commissioner of Customs and Excise
and any Deputy or Assistant Commissioner of Customs and
Excise; (Replaced, L.N. 294/82)
'register' means any register maintained by any chamber of @the body
under section 5.
3. (1) Any chamber of commerce or other body may issue a
certificate of origin in respect of any article manufactured, processed
or produced in Hong Kong or any other country that has been or is
to be exported or re-exported from Hong Kong.
(2) Such certificate of origin may specify or contain-
(a)
the manner in which the article has been manufactured,
processed or produced;
(b)particulars of the persons concerned in the manufacture,
processing, production or exportation of the article;
(e) particulars with respect to-
(i) the origin of the article to which the certificate of origin
relates;
(ii) the materials or parts of which the article is composed or
which were used during the manufacture, processing or
production of the article; or
(iii) the method of shipment of the article; and
(d) such other details as may
(i) identify the article; or
(ii) generally facilitate its importation into any country;
(3) Any certificate of origin issued under this section shall be
in such form as the chamber of commerce or other body issuing the
certificate may specify and shall be subject to such conditions as may
be endorsed therein.
4. (1) Any chamber of commerce or other body may, with-
out assigning any reason therefor-
(a) refuse to issue a certificate of origin;
(b)impose such conditions on the issue of any certificate of origin
or in respect of any class or type of goods for which a
certificate of origin may be issued as it may think fit; and
(c) revoke any certificate of origin.
(2) Without prejudice to the generality of subsection (1)(a),
any chamber of commerce or other body may refuse to issue a
certificate of origin unless the name of the applicant therefor is
registered wit it under section 5.
(3) A chamber of commerce or other body which has revoked
a certificate of origin shall, by notice in writing served either
personally or by registered post, inform any person who it has
reason to believe may have in his possession or control the certificate
of origin or any copy thereof, of the revocation of such certificate.
(Added, 54 of 1970, s. 2)
(4) Any person who-
(a)having been informed under subsection (3) by a chamber
of commerce or other body of the revocation of a certificate of
origin; and
(b) having in his possession or control such certificate of origin
or any copy thereof,
fails forthwith to surrender the certificate or copy to the chamber of
commerce or other body shall be guilty of an offence and shall be
liable on conviction a fine of $5,000 and to imprisonment for 3
months. (Added, 54 of 19701 s. 2)
5. (1) Any chamber of commerce or other body may main-
tain a register or registers in such form and manner as it may think
fit containing the names and addresses of such persons as it approves
for the time being as eligible to receive certificates of origin under
this Ordinance.
(2) Neither the maintenance of a register by a chamber of
commerce or other body nor the inclusion or exclusion of the name
of any person therein or therefrom---shall affect the discretion
conferred on such chamber of commerce or other body under section 4.
section 4. 0~j-e-A
(3) Any chamber of commerce or other body may, without assigning any
reason therefor, refuse to register the name of any person or may delete
from its register the name of any person for such period or periods as it
may, think fit.
(4) Any chamber of commerce or other body may, if it thinks
fit, publish, or cause or allow publication of, the name and address
of any person whose name is entered in or deleted from its register.
(5) Any chamber of commerce or other body may require any
person who applies to have his name entered in its register to give
such undertaking in respect of the conduct of his business as the
chamber of commerce or other body may require.
(6) Any person who contravenes any undertaking given by
him under subsection (5) shall be guilty of an offence and shall be
liable on conviction to a fine of $50,000 and to improsionment for 1 year.
6. (1) Any person who wishes his name to be entered in any register
or to be issued with a certificate of origin shall make application therefor
in such manner and in such form as the chamber of commerce or other body may specify.
(2) Where any person makes application to a chamber of commerce or other body-
(a) to have issued to him a certificate of origin in respect of any
article; or
(b) to have his name entered in its register,
the chamber of commerce or other body may require the applicant
to furnish in such form as it may specify such records or information
in respect of the manufacture, processing, production or sale of
articles as it may specify, whether or not-
(i) the articles have been exported or are to be exported; or
(ii) the articles are included or are to be included in any certificate
of origin.
(3) Without prejudice to the generality of the discretion con-
ferred by section 5(3), the name of any person who fails to comply
with any requirement of a chamber of commerce or other body
under subsection (2) may be deleted from its register.
7. (1) Any person who
(a) forges, or causes to be forged, any certificate of origin.'
(b) not being an officer of any chamber of commerce or other
body who is authorized by such chamber of commerce or other
body in that behalf, makes, or causes to be made,
any alteration of, or addition to or deletion from, any
certificate of origin;
(c) knowingly utters or makes use of, or causes to be uttered
or made use of, any forged certificate of origin or any
certificate of origin that has been altered or added to, or
from which any deletion has been made by any person
other than an officer of the chamber of commerce or other
body by which the certificate of origin was issued who is
authorized in that behalf,
(d)knowingly utters or makes use of, or causes to be uttered or
made use of, as applying to any article any certificate of origin
which does not so apply; or
(e)substitutes, or causes or suffers or permits any other person to
substitute, any other article for any article in respect of
which a certificate of origin has been issued,
shall be guilty of an offence and shall be liable on conviction to a fine of
$100,000 and to imprisonment for 1 year.
(2) Any person who, with intent to deceive-
(a)makes or causes to be made any false or incorrect statement in
any declaration made for the purpose of obtaining a certificate
of origin;
(b)makes or gives or causes to be made or given any false or
incorrect statement or information in any document that he
knows or has reason to believe may be used in support of an
application for the issue of a certificate of origin; or
(c)furnishes any false records or information under section 6(2):
shall be guilty of an offence and shall be liable on conviction to a
fine of $50,000 and to imprisonment for 1 year.
(3) Any person who furnishes or causes to be furnished to any
other person a document which-
(a)he knows or has reason to believe may be used in support of
an application for the issue of a certificate of origin; and
(b) has been signed by him in blank or with the material
particulars incomplete,
shall be guilty of an offence and shall be liable on conviction to a
fine of $50,000 and to imprisonment for 1 year.
(Added, 41 of 1974, s. 3)
(4) For the purposes of subsection (3), the following shall be material
particulars
(a)particulars of the place at which an article was manufactured,
processed or produced;
(b)particulars of the principal materials used in the manufacture,
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. (Added, 41
of 1974, s. 3)
8. (1) Without prejudice to the prosecution of any person for an
offence under section 5 or 7, where a document in respect of which an
offence has been committed under section 5 or 7 has been issued or
purports to have been issued on behalf of a company, partnership or
business
(a) such company; and
(b)every director, partner and other person concerned in the
management of such company, partnership or business who
has had such document in his possession or under his
control,
shall be guilty of an offence unless it is proved that it or he-
(i) took all practicable steps to prevent the commission of an
offence under section 5 or 7; and
(ii) on demand made by an authorized officer, gave all the
information in its or his power with respect to such document.
(2) Any company or person found guilty of an offence under
subsection (1 ) shall be liable on conviction to a fine of $50,000.
9. A complaint may be made or an information laid in respect of an
offence under any of the provisions of this Ordinance within 2 years
from the time when the matter of such complaint or information
respectively arose.
10. (1) Any authorized officer or any police officer of or
above the rank of inspector may
(a)subject to subsection (2), enter and search any place, or
board and search any vessel (other than a ship of war) or any
aircraft (other than a military aircraft) or search any vehicle, in
which he reasonably suspects there is evidence of the
commission of an offence under this Ordinance;
(b) seize, remove and detain-
(i) anything in respect of which he reasonably suspects
that an offence under this Ordinance has been committed; or
(ii) anything that appears to him to be, or to be likely to be
or to contain, evidence of an offence under this Ordinance;
and
(c)enter and inspect the premises at or from which any pers
manufactures, processes, produces or sells any article tl is
included or is to be included in any certificate of origin.
(2) Where he is satisfied by information on oath that there is
reasonable ground for suspecting that there is in any premises used
for dwelling purposes anything that is liable to seizure under subsection(1)(b)
a magistrate may issue his warrant authorizing
such premises to be entered and searched by an uthorized officer or
any police officer of or above the rank of inspector. and no premises
used for dwelling purposes shall be entered or searched under this
Ordinance except pursuant to the warrant of a magistrate issued
under this subsection.
(3) Any authorized officer or any police officer of or above the
rank of imspector may-
(a)break open any outer or inner door of any place that he is
empowered or authorized by or under this Ordinance to enter
and search;
(b)forcibly board any vessel, aircraft or vehicle that he is
empowered by this Ordinance to board and search,
(c)remove by force any person or thing obstructing any
detention, search, inspection, seizure or removal that he is
empowered by this Ordinance to make;
(d)detain any person found in any place that he is empowered or
authorized by or under this Ordinance to search until such
place has been searched;
(e)detain any vessel or aircraft that he is empowered by this
Ordinance to board and search, and prevent any person from
approaching or boarding such vessel or aircraft, until it has
been searched;
detain any vehicle that he is empowered by this Ordinance to
search until it has been searched; and
(g)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, and provided that no person shall be searched in a public
place if he objects to being so searched.
11. (1) Any authorized officer, in addition to the other powers
conferred by this Ordinance, may arrest without warrant any person
whom he reasonably suspects of being guilty of an offence under this
Ordinance.
Schedule.
(2) Any person who is arrested by an authorized officer under this
section shall be delivered into the custody of the officer in charge of a
police station within 12 hours of his arrest unless in the meantime. such
person has been brought before a magistrate or released.
(3) When any such person is delivered into the custody of the
officer in charge of a police station, the provisions of section 52 of the
Police Force Ordinance shall apply.
(4) Where any person forcibly resists the endeavour of any
authorized officer to arrest him or attempts to evade the arrest, the
authorized officer may use all means necessary to effect the arrest.
(5) Where any authorized officer who is in pursuit of any person to
be arrested has reason to believe that the person has entered into or is
in any place, the person residing in or in charge of the place shall, on
demand of the authorized officer, allow him free ingress thereto and
afford all reasonable facilities for search therein for the person.
12. The Governor in Council may by order amend the
13. Nothing in this Ordinance shall affect or be deemed to affect the
rights of Her Majesty the Queen, Her Heirs or Successors. or the rights
of any body politic or corporate or of any other persons except such as
are mentioned in this Ordinance and those claiming by, from or under
them.
CHAMBERS OF COMMERCE AND OTHER BODIES TO WHOSE CERTIFICATES
OF ORIGIN THE ORDINANCE APPLIES [ss. 2 & 12.]
The Chinese Manufacturers' Association of Hong Kong.
The Federation of Hong Kong Industries.
The Hong Kong General Chamber of Commerce.
The Indian Chamber of Commerce.
The Chinese General Chamber of Commerce.
Originally 49 of 1967. 54 of 1970. L.N. 153/73. 41 of 1974. L.N. 294/82. Short title. Interpretation. Schedule. Power to issue certificates. Discretion to refuse to issue or to revoke certificates of origin. Power to maintain register. Method of making application and power to call for evidence in support. Offences in relation to certificates or origin. Liability of company, directors, etc. Time limit for charge of offence. Powers of authorized officers. (Cap. 232.) Amendment of Schedule. Saving. L.N. 153/73.
Abstract
Originally 49 of 1967. 54 of 1970. L.N. 153/73. 41 of 1974. L.N. 294/82. Short title. Interpretation. Schedule. Power to issue certificates. Discretion to refuse to issue or to revoke certificates of origin. Power to maintain register. Method of making application and power to call for evidence in support. Offences in relation to certificates or origin. Liability of company, directors, etc. Time limit for charge of offence. Powers of authorized officers. (Cap. 232.) Amendment of Schedule. Saving. L.N. 153/73.
Identifier
https://oelawhk.lib.hku.hk/items/show/3238
Edition
1964
Volume
v20
Subsequent Cap No.
324
Number of Pages
9
Files
Collection
Historical Laws of Hong Kong Online
Citation
“PROTECTION OF NON-GOVERNMENT CERTIFICATES OF ORIGIN ORDINANCE,” Historical Laws of Hong Kong Online, accessed April 26, 2024, https://oelawhk.lib.hku.hk/items/show/3238.