IMPORT AND EXPORT ORDINANCE (CHAPTER 60)
ARRANGEMENT OF SECTIONS
Section
PART I PRELIMINARY
1. Short title
2. Interpretation
2A. Application of this Ordinance to Ozone Layer Protection Ordinance
PART II ADMINISTRATIVE DECISIONS AND APPEALS
3. Director's discretion to issue, cancel, revoke or suspend licences
4. Power of Commissioner to appoint authorized officers
4A. Appointed officers
5. Commissioner or Director and other public officers to be subject to the Governor's directions
6. Appeals to the Governor
PART III PROHIBITED ARTICLES
7. Possession of prohibited article after import
8. Delivery of import licence and manifest to the Director
9. Delivery of import licence and manifest in the case of part shipments
10. Carriers prohibited from accepting prohibited articles for export without licence
11. Delivery of export licence and manifest to the Director
12. Inspection and storage of prohibited articles
13. Claim and disposal of prohibited articles found without owner
PART IV UNMANIFESTED CARGO AND SMUGGLING
14. Alteration of vessel, aircraft or vehicle for the purpose of smuggling
14A. Construction, etc., of vessels for the purpose of smuggling
15. Duty to provide particulars of all cargo
16. Prohibition against unauthorized placing of cargo on vessels, etc.
17. All cargo to be recorded in manifest
18. Offence of importing or exporting unmanifested cargo
18A. Assisting, etc., in export of unmanifested cargo
19. Written list showing ports of call to be furnished to the Commissioner
PART V POWERS OF INVESTIGATION
20. General powers of members of Customs and Excise Service, etc.
20A. Removal of articles may be prohibited until importer known
20B. Requirement that articles may be removed from vessel etc. for examination
21. Special powers of members of the Customs and Excise Service, etc.
22. Restrictions upon exercise of special powers of members of the Customs and Excise Service, etc.
23. Powers of arrest of authorized officers and members of the Customs and Excise Service
24. Ancillary powers of investigation of suspected offence
25. Locks and seals on premises, vessels, etc.
26. Obstruction of members of the Customs and Excise Service, etc.
PART VI FORFEITURE
27. Seized articles, etc. Liable to forfeiture
28. Determination by magistrate of applications for forfeiture
29. Power to release seized vessels and vehicles prior to the hearing
30. Claims for the return of forfeited articles, etc.
PART VII REGULATIONS
31. Power to make regulations
32. Power to levy by resolution of Legislative Council
PART VIII MISCELLANEOUS
33. Evidentiary provisions
34. Onus of proof in court proceedings
35. Application of Ordinance to postal packets
35A. Assisting, etc., in carriage of prohibited, etc., articles
36. Offences in respect of licences
36A. Offences by directors' etc. of corporations
37. Time limitation for criminal proceedings
38. Informers
39. Amendment of Schedule
Schedule.
Whole document
To provide for the regulation and control of the import of articles into Hong Kong, the export of articles from Hong Kong, the handling and carriage of articles within Hong Kong which have been imported into Hong Kong or which may be exported from Hong Kong, and any matter incidental to or connected with the foregoing.
(Amended 22 of 1991 s. 2)
[1 January 1972] L. N. 180 of 1971
PART I PRELIMINARY
1. Short title
This Ordinance may be cited as the Import and Export Ordinance.
2. Interpretation
In this Ordinance, unless the context otherwise requires--
"air consignment note" and "air waybill" mean any document which--
(a) bears the signature of the owner, operator, charterer, authorized agent or commander of an aircraft; and
(b) records particulars of a contract for the consignment of cargo in an aircraft; "aircraft" means any machine which can derive support in the atmosphere from reactions of the air;
"appointed officer" means a person appointed by the Director under section
4A; (Added L. N. 294 of 1982)
"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 person authorized by the Commissioner under section 4; (Amended L. N. 294 of 1982)
"bill of lading" means any document which--
(a) bears the signature of--
(i) the owner, charterer, agent or master of a ship; or
(ii) the owner, hirer or person in charge of a vehicle; and
(b) records particulars of a contract for the consignment of cargo in a vessel or vehicle;
"cargo" means any article which is imported or exported other than--
(a) the necessary equipment, stores or fuel of the vessel, aircraft or vehicle in or on which the article is imported or exported;
(b) food and other provisions reasonably required for consumption by the crew or passengers of such vessel, aircraft or vehicle;
(c) items of personal property reasonably required for the personal use of the crew or passengers of such vessel, aircraft or vehicle;
(d) any document relating to--
(i) the carriage of cargo in or on such vessel, aircraft or vehicle; or
(ii) the inter-office business transactions of the owner of such vessel, aircraft or vehicle;
(e) articles imported or exported by a passenger of such vessel, aircraft or vehicle, in his personal baggage or carried by him; and (Added, 78 of 1979, s. 2)
(f) any article in transit unless such article is a prohibited article not falling under paragraphs (a) to (e);
(Added 65 of 1991 s. 2)
"commander" means, in respect of an aircraft, the member of the flight crew designated as commander of the aircraft by the operator thereof or, if no member of the flight crew is so designated, the person for the time being in command of the aircraft; "Commissioner" means the Commissioner of Customs and Excise and any Deputy or Assistant Commissioner of Customs and
Excise; (Added L. N. 294 of 1982)
"consign" means to deliver or transmit an article into the custody of a person for the purpose of delivery or transmission of the article by that person to another specified person;
"contraband" means an article which is exported, imported or otherwise dealt with contrary to the provisions of this Ordinance or any other law controlling the import or export of any article;
"Director" means the Director-General of Trade and, except where the expression "Director-General of Trade" is used, any Deputy or Assistant Director-General of Trade;
(Replaced L. N. 294 of 1982. Amended L. N. 292 of 1989)
"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; "import" means to bring, or cause to be brought, into Hong Kong any article; "licence" means a licence, certificate, authorization or permit issued under the provisions of this Ordinance;
"manifest" means a manifest containing the particulars prescribed under section 17; (Replaced 36 of 1983 s. 2)
"master" means, in respect of a vessel, the person (except a pilot) having for the tome being command or charge of the vessel;
"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 (Cap. 342); "owner" means, other than for the purposes of Part VI--
(a) in respect of an article, any person being or holding himself out to be the owner, importer, exporter, consignee, agent or person in possession of, or beneficially interested in, or having any control of, or power of disposition over, the article; and
(b) in respect of a vessel, aircraft or vehicle--
(i) the registered owner and any person holding himself out to be the owner thereof;
(ii) any person acting as agent for the owner in connexion with the handling of cargo carried in or on the vessel, aircraft or vehicle;
(iii) any person to whom the vessel, aircraft or vehicle has been chartered or hired; and
(iv) any person having for the time being the control or management of the vessel, aircraft or vehicle;
"prohibited article" means any article--
(a) the import or export of which is prohibited under the provisions of this Ordinance;
(b) the import or export of which is permitted subject to the terms and conditions of a licence; or
(c) the import or export of which is prohibited or controlled under any other law, not being an article in transit which is excluded from such prohibition or control;
"smuggling" means importing, exporting, unshipping, shipping, landing, loading, carrying, conveying or otherwise dealing with any article contrary to the provisions of this Ordinance or any other law controlling the import or export of any article;
(Amended 22 of 1991 s. 3)
"unmanifested cargo" means any cargo which is not recorded in a manifest;
"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.
(Amended 65 of 1991 s. 2)
2A. Application of this Ordinance to Ozone Layer Protection Ordinance In applying the following provisions of this Ordinance to anything in respect of which a licence may be issued or the import or export of which is prohibited, under the Ozone Layer Protection Ordinance (Cap. 403) -
(Amended 26 of 1993 s. 6)
(a) in sections 8, 9, 11, 20, 21, 33, 34 and 36 a reference to "licence" is a reference to a licence issued under the Ozone Layer Protection Ordinance (Cap. 403);
(b) in sections 8, 9, 11 and 36 (1) (b) a reference to "Ordinance" is a reference to the Ozone Layer Protection Ordinance
(Cap. 403); and
(c) in sections 5, 20 (except the first reference in subsection (1) (a), 20A, 21, 23 to 28, 33, 34, 36 (1) (c)) and 37 a reference to "Ordinance" includes a reference to the Ozone Layer Protection Ordinance (Cap. 403).
(Added 24 of 1989 s. 18)
PART II ADMINISTRATIVE DECISIONS AND APPEALS
3. Director's discretion to issue, cancel, revoke or suspend licences
(1) The Director may issue any licence required under this Ordinance and may attach thereto such conditions as he may see fit to impose.
(2) Subject to subsection (3) the Director may cancel, revoke or suspend any licence issued by him under this Ordinance.
(3) The Director shall not cancel, revoke or suspend any such licence where he is satisfied that the holder thereof has entered into an irrevocable commitment pursuant to the issue to him of such licence, unless the article in respect of which the licence was issued is a strategic commodity specified in regulations made under this Ordinance and it is, in the opinion of the Director, necessary for him to cancel, revoke or suspend the licence in the public interest.
(4) Notwithstanding subsection (3), if the Director is satisfied that any licence was issued by him as the result of fraudulent misrepresentation of any fact or any other unlawful act by the applicant therefor he may, at any time, cancel, revoke or suspend the licence.
(5) Every licence cancelled, revoked or suspended by the Director and all copies thereof in the possession of the licensee or any other person shall be surrendered immediately to the Director by the licensee.
(6) Any person who contravenes subsection (5) shall be guilty of an offence and shall be liable on conviction to a fine of ,000 and to imprisonment for 3 months.
(7) The Director may serve notice of the cancellation, revocation or suspension of any licence on the holder thereof and such person shall be deemed to be served with the notice if it--
(a) is delivered to the holder or applicant personally; or
(b) is addressed to him and left at or forwarded by registered mail to him at his usual or last known place of abode or business.
(8) Except where the form of a licence is, under the provisions of this Ordinance, required to be prescribed, the Director may determine the form of any licence and of any application therefor.
(9) The Director may delegate any of the powers and duties conferred or imposed on him by this section to any appointed officer. (Amended L. N. 294 of 1982)
4. Power of Commissioner to appoint authorized officers The Commissioner may authorize in writing any person approved by the Secretary for Security, any public officer and any police officer of the rank of Inspector or above to exercise any of the powers and perform any of the duties conferred or imposed on an authorized officer by this Ordinance.
(Amended L. N. 294 of 1982; 22 of 1991 s. 4)
4A. Appointed officers
The Director may appoint in writing any public officer to exercise any of the powers and perform any of the duties conferred or imposed on an appointed officer by this Ordinance.
(Added L. N. 294 of 1982)
5. Commissioner or Director and other public officers to be subject to the Governor's directions
(1) The Governor may give such directions as he thinks fit, either generally or in any particular case, with respect to the exercise or performance by the Commissioner or the Director or any other public officer, other than a judge, a District Judge or a magistrate, of any powers, functions or duties under this Ordinance.
(2) The Commissioner or the Director and every public 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 of 1982)
6. Appeals to the Governor
(1) Any person aggrieved by a decision, act or omission of the Commissioner or the Director or of any other public officer, other than a judge, a District Judge or a magistrate, taken, done or made in the exercise of any powers or the performance of any duties under this Ordinance may, within 14 days from the date when he was informed of the decision, act or omission or when the decision, act or commission became known to him (whichever is the later) or within such further period as the Governor may allow in any particular case, by notice in writing lodge an objection to the decision, act or omission with the Chief Secretary.
(Amended L. N. 294 of 1982)
(2) On consideration of an objection lodged in accordance with subsection (1), the Governor may confirm, vary or reverse the decision, act or omission of the Commissioner or the Director or other public officer, or substitute therefor such other decision or make such other order as he may think fit.
(Amended L. N. 294 of 1982)
(3) Nothing in this section shall entitle any person to lodge an objection under this section to any decision, act or omission of the Governor or of any court.
PART III PROHIBITED ARTICLES
7. Possession of prohibited article after import
(1) The owner of any vessel, aircraft or vehicle in or on which any prohibited article is imported shall retain possession of the prohibited article until--
(a) in the case where the import of the prohibited article is permitted subject to the terms and conditions of a licence, there is produced to him a valid import licence issued under this Ordinance or under some other law in respect of the prohibited article; or
(b) in any other case, the Commissioner gives to the owner of the vessel, aircraft or vehicle written directions in respect of the removal or storage of the prohibited article. (Amended L. N. 294 of 1982)
(2) Any person who contravenes this section shall be guilty of an offence and shall be liable on conviction to a fine of 0,000 and to imprisonment for 1 year. (Amended 60 of 1980 s. 2)
(3) It shall be a defence to a charge under subsection (1) (a) if the defendant proves that he did not know and could not with reasonable diligence have known that the article to which the charge relates was a prohibited article.
8. Delivery of import licence and manifest to the Director
(1) Subject to section 9, a person to whom an import licence has been issued under this Ordinance shall present the licence to the owner of the vessel, aircraft or vehicle in or on which the article is imported within 7 days after the article was imported.
(2) On presentation of an import licence pursuant to subsection (1), the owner of the vessel, aircraft or vehicle in or on which the article has been imported--
(a) may release the article 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 article was imported, duly certified by him as a true copy or extract of the manifest.
(3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine of ,000.
9. Delivery of import licence and manifest in the case of part shipments
(1) If an article which is imported forms part only of a consignment of articles in respect of which an import licence has been issued under this Ordinance, 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 article which has been imported forms part only of a consignment of articles in respect of which the licence was issued, to the owner of the vessel, aircraft or vehicle in or on which the article was imported within 7 days after the article was imported.
(2) The owner of the vessel, aircraft or vehicle, on receiving from a licensee an endorsed import licence and written declaration pursuant to subsection (1)-
(a) may release the article 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 article was imported, duly certified by him as a true copy or extract of the manifest.
(3) The written declaration referred to in subsections (1) and (2) shall be made in such form as the Director may specify from time to time.
(4) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine of $ 5,000.
10. Carriers prohibited from accepting prohibited articles for export without licence (1) The owner of a vessel, aircraft or vehicle shall not accept any prohibited article for export on the vessel, aircraft or vehicle until there is produced to him an export licence issued under this Ordinance or some other law in respect of the prohibited article.
(2) Any person who contravenes this section shall be guilty of an offence and shall be liable on conviction to a fine of $ 500,000 and to imprisonment for 1 year. (Amended 60 of 1980 s. 3)
(3) It shall be a defence to a charge under this section if the defendant proves that he did not know and could not with reasonable diligence have known that the article to which the charge relates was a prohibited article.
11. Delivery of export licence and manifest to the Director
(1) When a licence has been issued under this Ordinance for the export of an article, the owner of the article 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 an article in respect of which an export licence has been issued under this Ordinance is exported shall, within 14 days after the day on which the article 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 vehicle in or on which the article has been exported.
(3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine of $ 5,000.
12. Inspection and storage of prohibited articles
(1) For the purpose of determining whether or not an article which--
(a) has been imported within the period of 6 months preceding the date when a request is made under this subsection for the production of the same; or
(b) is intended to be exported, is a prohibited article, the person in possession or control of article shall, if required to do so by the Commissioner, an authorized officer or member of the Customs and Excise Service of or above the rank of Revenue Inspector, produce it for inspection by the Commissioner, an authorized officer or such member of the Customs and Excise Service. (Amended 46 of 1977 s. 17)
(2) The Commissioner, any authorized officer or a member of the Customs and Excise Service of or above the rank of Revenue Inspector shall determine whether or not any article produced to him for inspection under subsection (1) is a prohibited article. (Amended 46 of 1977 s. 17)
(3) The person in possession or control of a prohibited article shall, if required to do so by the Commissioner or an authorized officer, cause such article to be stored in a place specified by the Commissioner or authorized officer under such conditions as he may impose.
(4) An article stored in a specified place in accordance with the directions of the Commissioner or authorized officer under subsection (3) shall not be removed from that place unless the Commissioner or an authorized officer has authorized in writing the removal of the article.
(5) Any person authorized in writing under subsection (4) to remove an article from a specified place shall comply with such conditions as may be imposed by the Commissioner or authorized officer on the removal of the article.
(6) Any person who contravenes subsection (1), (3), (4) or (5) shall be guilty of an offence and shall be liable on conviction to a fine of ,000 and to imprisonment for 6 months.
(Amended L. N. 294 of 1982)
13. Claim and disposal of prohibited articles found without owner
(1) The Commissioner or any authorized officer may order that any prohibited article which is found without an apparent owner shall be stored in a place specified by him subject to such conditions as he may impose.
(2) Any person who, being in possession of a prohibited article which is found without an apparent owner, fails to comply with an order given by the Commissioner or an authorized officer under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of ,000 and to imprisonment for 6 months.
(3) Where a prohibited article is stored in a specified place pursuant to an order given under subsection (1), the Commissioner or an authorized officer shall, within the period of 72 hours after the prohibited article has been stored in that place, cause a notice to be exhibited at the Customs and Excise Department in a place to which the public have access--
(a) stating that the prohibited article has been stored in that place;
(b) calling upon the owner of the prohibited article to submit to the Commissioner a claim in respect of it within 30 days; and
(c) stating his intention to apply to a magistrate at the expiration of 30 days from the date of the notice for an order that the prohibited article be forfeited to the Crown.
(4) When a claim to ownership of a prohibited article is submitted to the Commissioner pursuant to a notice given under subsection (3), the claimant shall produce to the Commissioner or an authorized officer such evidence as to his ownership as may be required by the Commissioner or authorized officer.
(5) Without prejudice to any provision of this Ordinance relating to the seizure of any article which is liable to forfeiture, the Commissioner or an authorized officer may, if he is satisfied of the validity of a claim made under subsection (4), authorize in writing the claimant to remove the prohibited article from the place in which it was stored, subject to the prior payment by the claimant of all storage and other charges which have accrued in respect of the storage of the article in the specified place.
(6) A magistrate shall, if satisfied that the provisions of this section have been complied with and that no claim to ownership has been established, on the application of the Commissioner or an authorized officer, order that a prohibited article be forfeited to the Crown.
(Amended L. N. 294 of 1982)
PART IV UNMANIFESTED CARGO AND SMUGGING
14. Alteration of vessel, aircraft or vehicle for the purpose of smuggling
(1) Any person who alters the fittings, fabric or structure, or makes use of the altered fittings, fabric or structure, of any vessel, aircraft or vehicle for the purpose of smuggling any article into or out of Hong Kong shall be guilty of an offence and shall be liable on conviction to a fine of 0,000 and to imprisonment for 2 years.
(2) If--
(a) the Commissioner, any authorized officer or any member of the Customs and Excise Service reasonably suspects that any vessel, aircraft or vehicle has been used or is intended to be used for the purpose of smuggling; and
(b) the vessel, aircraft or vehicle is found in Hong Kong to have--
(i) any false bulkhead, bow, side or bottom;
(ii) any secret or disguised place adapted for the purpose of concealing any article; or
(iii) any hole, pipe or other device adapted for the purpose of smuggling, the fittings, fabric or structure of the vessel, aircraft or vehicle shall be presumed to have been altered for the purpose of smuggling an article into or out of Hong Kong in the absence of evidence to the contrary.
(Amended L. N. 294 of 1982)
(Amended 22 of 1991 s. 5)
14A. Construction, etc., of vessels for the purpose of smuggling
(1) Any person who constructs a vessel of less than 250 gross tons for the purpose of smuggling is guilty of an offence and liable on conviction to a fine of 0,000 and to imprisonment for 2 years.
(2) Any person who repairs or maintains a vessel of less than 250 gross tons constructed for the purpose of smuggling is guilty of an offence and liable on conviction to a fine of ,000,000 and to imprisonment for 2 years.
(3) Any person found on board a vessel of less than 250 gross tons knowing that the vessel is being used for the purpose of smuggling is guilty of an offence and liable on conviction to a fine of 0,000 and to imprisonment for 2 years.
(4) The master or other person in charge of a vessel of less than 250 gross tons used for the purpose of smuggling is guilty of an offence and liable on conviction to a fine of 0,000 and to imprisonment for 2 years.
(5) Any vessel of less than of 250 gross tons that is under construction for the purpose of smuggling is deemed to be a vessel constructed or used for the purpose of smuggling.
(6) In subsections (1), (2), (3), (4) and (5), where--
(a) the Commissioner, any authorized officer or any member of the Customs and Excise Service reasonably suspects that a vessel has been used or is intended to be used for the purpose of smuggling; and
(b) it is a vessel that has--
(i) any false bulkhead, bow, side or bottom;
(ii) any secret or disguised place adapted for the purpose of concealing any article;
(iii) any hole, pipe or other device adapted for the purpose of smuggling;
(iv) a facility to mount more than 2 outboard engines where the total power of the engines could exceed 448 kilowatts;
(v) fuel tanks or other on board fuel capacity exceeding 817 litres, such tanks or other capacity holding or suitable for holding fuel for outboard motors; or
(vi) metal plating fitted on the hull of the vessel that could be used for ramming other vessels or for armour protection, the vessel, or vessel under construction, shall be presumed to have been under construction, constructed or used for the purpose of smuggling in the absence of evidence to the contrary.
(7) It shall be a defence to a charge under subsection (4) for the master or other person in charge of a vessel to prove that he did not know and could not with reasonable diligence have known that the vessel was used for smuggling.
(Added 22 of 1991 s. 6)
15. Duty to provide particulars of all cargo
(1) The master or agent of a vessel, the commander of an aircraft, the person in charge of a vehicle (other than a train) and, in the case of cargo carried by train, the handing agent in Hong Kong for such cargo shall, on entering or leaving Hong Kong--(Amended 36 of 1983 s. 3)
(a) furnish any member of the Customs and Excise Service of or above the rank of Revenue Inspector a manifest in respect of the cargo being imported or exported in or on the vessel, aircraft or vehicle if he is requested to do so by any such member of the Customs and Excise Service; and
(Amended 46 of 1977 s. 17; 36 of 1983 s. 3)
(b) allow any member of the Customs and Excise Service to board the vessel, aircraft or vehicle, inspect the cargo and search the vessel for contraband.
(2) Any person who contravenes subsection (1) (a) or (b) shall be guilty of an offence and shall be liable on conviction to a fine of ,000 and to imprisonment for 1 month.
16. Prohibition against unauthorized placing of cargo on vessels, etc.
(1) No person shall place any cargo in or on any vessel or aircraft without the consent of the owner of the vessel or aircraft.
(2) No person shall place any cargo in or on any vehicle which may leave Hong Kong without the consent of the owner of the vehicle.
(3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine of ,000 and to imprisonment for 6 months.
17. All cargo to be recorded in manifest
(1) All cargo which is imported or exported shall be recorded in a manifest which shall contain such particulars as the Commissioner may prescribe.
(2) For the purposes of subsection (1) the Commissioner may, by notice published in the Gazette, prescribe the particulars of the cargo and the particulars of the consignment of cargo to be recorded.
(Replaced 36 of 1983 s. 4)
18. Offence of importing or exporting unmanifested cargo
(1) Any person who--
(a) imports any unmanifested cargo; or
(b) exports any unmanifested cargo, shall be guilty of an offence and shall be liable on conviction to a fine of 0,000 and to imprisonment for 2 years. (Amended 60 of 1980 s. 4; 3 of 1984 s. 2; 22 of 1991 s. 7)
(2) It shall be a defence to a charge under this section against the owner of a vessel, aircraft or vehicle, if the owner proves that he did not know and could not with reasonable diligence have known that the cargo was unmanifested.
18A. Assisting, etc., in export of unmanifested cargo
(1) Any person who knowingly--
(a) has possession of any cargo;
(b) assists with the carrying, removing, depositing, harbouring, keeping or concealing of any cargo; or
(c) otherwise deals with any cargo, with intent to export the cargo without a manifest or with intent to assist another person to export the cargo without a manifest is guilty of an offence and liable on conviction to a fine of 0,000 and to imprisonment for 2 years.
(2) Any person who--
(a) has possession of any cargo;
(b) assists with the carrying, removing, depositing, harbouring, keeping or concealing of any cargo; or
(c) otherwise deals with any cargo, in circumstances that give rise to a reasonable suspicion that there is intent on the part of that person to export the cargo without a manifest or to assist another person to export the cargo without a manifest, the first mentioned person will be presumed to have such intent in the absence of evidence to the contrary.
(Added 22 of 1991 s. 8)
19. Written list showing ports of call to be furnished to the Commissioner
(1) The owner of any vessel shall, if required to do so by the Commissioner, an authorized officer or a member of the Customs and Excise Service, furnish forthwith to the Commissioner or to the authorized officer or member of the Customs and Excise Service, a written list showing, so far as the owner is aware, every port or place at which the vessel has called during the period of 3 months immediately preceding the date of its arrival in Hong Kong.
(Amended L. N. 294 of 1982)
(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of 0.
PART V POWERS OF INVESTIGATION
20. General powers of members of Customs and Excise Service, etc.
(1) Without prejudice to the powers conferred by section 21, any member of the Customs and Excise Service and any authorized officer may, for the purposes of this Ordinance--
(a) enter at any reasonable time and search any premises (other than domestic premises) or place registered under this Ordinance or occupied by a person who has been registered under this Ordinance or a person who is the holder of a licence; (Amended 3 of 1973 s. 2)
(b) stop, board and search any vessel, aircraft or vehicle;
(c) require the production of--
(i) any licence;
(ii) any document which relates to the origin or nature of any article or which he suspects to be relevant to an offence under this Ordinance; or
(iii) any record or other document required to be kept by this Ordinance;
(Replaced 3 of 1973 s. 2)
(d) examine and take copies of any licence or of any record or document referred to in paragraph (c);
(Replaced 3 of 1973 s. 2)
(e) take, without payment but subject to the issue of an official receipt for it, such sample of any article in respect of which any licence may be issued under this Ordinance as may be required by the Commissioner for the purpose of examination and investigation; (Amended L. N. 294 of 1982)
(f) examine any article if he considers it necessary to do so to ascertain whether or not the provisions of this Ordinance are being, or have been, complied with by any person in respect of that article; or
(g) stop and search any person entering or leaving Hong Kong: Provided that no person shall be searched except by a person of the same sex or be searched in a public place if he objects to being so searched.
(2) Any member of the Customs and excise Service and any authorized officer may require--
(a) any person to whom a licence has been issued;
(b) any person who has been registered under this Ordinance; and
(c) any servant, employee or agent of any person referred to in paragraph (a) or (b), to furnish such information or take such action as may be necessary to enable the member of the Customs and Excise Service or the authorized officer to exercise the powers conferred on him under this Ordinance.
(3) When a sample of any article has been taken by a member of the Customs and Excise Service or an authorized officer pursuant to subsection (1) (e) the Commissioner may, after examination and investigation of it, direct that the sample be returned to the owner thereof or disposed of in such manner as the Commissioner thinks fit.
(Amended L. N. 294 of 1982)
20A. Removal of articles may be prohibited until importer known
(1) In this section and section 20B--
"article" means article of cargo;
"consignee" includes the agent of the consignee and any person entitled to the delivery of an article;
"officer" means any member of the Customs and Excise Service or any authorized officer.
(2) Where any article is upon any vessel, aircraft or vehicle for importation in Hong Kong and an officer, for the purpose of carrying out his functions under this Ordinance, requires to know the identity of the consignee of the article or to verify the particulars supplied to him by any person, or in any document, relating to the identity of the consignee, the officer may give notice to the owner of the vessel, aircraft or vehicle prohibiting such owner from removing, or permitting the removal of, the article--
(a) from the vessel, aircraft or vehicle except to a place specified in the notice, being a place designated by such owner, and
(b) from such place, save in accordance with permission therefor granted under subsection (4).
(3) A copy of any notice given under subsection (2) shall, where the goods are to be stored in premises occupied by a person other than the owner of the vessel, aircraft or vehicle, be given also to the person occupying such premises and such person shall not remove, or permit the removal of, the article from his premises save in accordance with permission therefor granted under subsection (4).
(4) The officer giving notice under subsection (2) shall, as soon as reasonably practicable, after he knows of the identity, or he verifies the particulars, of the consignee of the article to which the notice relates, permit the person upon whom the notice is served to remove, or permit the removal of, the article from the place where, by virtue of the notice, it may lawfully be kept either--
(a) unconditionally, in which case he shall notify the person on whom the notice is served in writing; or
(b) after examination of the article in accordance with the powers vested in such officer under section 20.
(5) It shall be the duty of the person upon whom a notice is served under subsection (2) or (3), at any time prior to the grant of permission under subsection (4), 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.
(Added 36 of 1983 s. 5)
20B. Requirement that articles may be removed from vessel etc. for examination (1) Where any article is upon any vessel, aircraft or vehicle for importation into Hong Kong and an officer desires, in the exercise of his functions under section 20, to examine such article, but he is of the opinion that such article can be more conveniently examined after it has been removed from such vessel, aircraft or vehicle, he may give notice to the consignee of the article, or, in the case of an article in transit being a prohibited article to the owner of the vessel, aircraft or vehicle, requiring the article to be removed for examination to premises specified in the notice, being premises nominated by the consignee or such owner, as the case may be.
(2) A copy of any notice given under subsection (1) shall, where the goods are to be removed to premises occupied by a person other than the consignee or such owner, as the case may be, be given also to the person occupying such premises.
(3) The consignee or such owner, as the case may be, and, in the event of a copy of the notice being served upon any occupier under subsection (2), the occupier, shall not remove, or permit the removal of, the article from the premises specified in the notice given under subsection (1) until--
(a) the article has been examined by an officer in accordance with the powers vested in such officer under section 20; or
(b) an officer has informed such consignee, owner or occupier in writing that such examination is unnecessary.
(4) Where an article is removed to any premises pursuant to a notice given under subsection (1), it shall be the duty of--
(a) every person in control of such premises to permit an officer to have access to the article and to examine it in accordance with the powers vested in such officer under section 20; and
(b) the Commissioner to ensure that such examination is made as soon as reasonably practicable.
(5) It may be the condition of any notice given under subsection (1) that the article shall, at all times until it is examined by an officer under section 20, be guarded by an officer and if there is such a condition, an officer may enter upon any place where the article is and take such measures as are reasonably necessary to protect the article from interference.
(6) Notice under this section and section 20A shall be in such form and given in such manner as may be prescribed.
(Added 36 of 1983 s. 5. Amended 65 of 1991 s. 3)
21. Special powers of members of the Customs and Excise Service, etc.
(1) Subject to section 22, any member of the Customs and Excise Service and any authorized officer may, if he reasonably suspects that there is, in or on any premises or place, vessel, aircraft or vehicle, any article in respect of which an offence has been committed under this Ordinance or which is, or contains, evidence of the commission of such offence--
(a) enter and search any such premises or place;
(b) stop, board, remove, detain and search any vessel, aircraft or vehicle.
(2) Any member of the Customs and Excise Service and any authorized officer may seize--
(a) any article--
(i) in respect of which he reasonably suspects that an offence has been committed under this Ordinance; or
(ii) which he reasonably suspects to be, or to contain, evidence of the commission of such an offence; and
(b) any vessel which has a tonnage not exceeding 250 gross tons and any vehicle, if he reasonably suspects such vessel or vehicle to have been used in connexion with the commission of an offence under this Ordinance.
(3) Subject to section 22, any member of the Customs and Excise Service or any authorized officer may enter and search any premises or place connected with the manufacture, processing, production, storage, distribution or sale of any article in respect of which a licence has been issued under this Ordinance.
(4) The owner of any article, licence or other document seized by a member of the Customs and Excise Service or an authorized officer under this section may, on application to the Commissioner and subject to such conditions as the Commissioner may impose, photograph or make any other form of copy of the seized article, licence or document.
(Amended L. N. 294 of 1982)
22. Restrictions upon exercise of special powers of members of the Customs and Excise Service, etc.
(1) No domestic premises shall be entered and searched by a member of the Customs and Excise Service or an authorized officer unless--
(a) a magistrate has issued a warrant under subsection (2); or
(b) a member of the Customs and Excise Service of or above the rank of Assistant Superintendent has given an authorization under subsection (3).
(Amended 46 of 1977 s. 17; L. N. 294 of 1982)
(2) 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 thing which may be seized under section 21, issue a warrant authorizing a member of the Customs and Excise Service or an authorized officer to enter and search the premises.
(3) A member of the Customs and Excise Service of or above the rank of Assistant Superintendent may, if he reasonably suspects--
(Amended 46 of 1977 s. 17; L. N. 294 of 1982)
(a) that there is in any domestic premises any thing which may be seized under section 21; and
(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.
(4) A member of the Customs and Excise Service or an authorized officer authorized under subsection (2) or (3) to enter and search any domestic premises may call upon any member of the Customs and Excise Service and any authorized officer to assist him in entering and searching the premises.
(5) No vessel which has a tonnage exceeding 250 gross tons shall be detained under section 21 (1) for more than 12 hours without the consent of the Chief Secretary, who may, by order in writing under his hand, detain such a vessel for further periods of not more than 12 hours each.
(6) No aircraft shall be detained under section 21 (1) for more than 6 hours without the consent of the Chief Secretary, who may, by order in writing under his hand, detain an aircraft for further periods of not more than 6 hours each.
(7) Any order made by the Chief Secretary under subsection (5) or (6) shall state the times from which and for which the order shall be effective.
23. Powers of arrest of authorized officers and members of the Customs and Excise Service
(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 whom he 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 take the person to a police station or, if further inquiries are necessary, first to the office of the Commissioner of the Customs and Excise Service and then to a police station, there to be dealt with in accordance with the provisions
of the Police Force Ordinance (Cap 232): Provided that in no case shall any person be detained for more than 48 hours without being charged and brought before a magistrate.
(3) If any person forcibly resists or attempts to evade arrest under this section, the member of the Customs and Excise Service or the authorized officer may use such force as is reasonably necessary to effect the arrest.
(4) 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.
(5) If entry to such premises or place cannot be obtained under subsection (4) a member of the Customs and Excise Service or an authorized officer, in any case in which a warrant to enter and search such premises or place may issue but cannot be obtained without affording the suspected offender an opportunity to escape, may enter the premises or place and therein search for the suspected offender and for the purpose of entry or search may break open any outer or inner door or window of the premises or place.
24. Ancillary powers of investigation of suspected offence Any member of the Customs and Excise Service and any authorized officer may--
(a) use such force as is reasonably necessary to enter any place or premises which he is empowered by this Ordinance to enter and search;
(b) use such force as is reasonably necessary to stop, board, remove, detain and search any vessel, aircraft or vehicle which he is empowered by this Ordinance to stop, board, remove, detain and search;
(c) 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 this Ordinance;
(d) detain any person found in any premises or place which he is empowered by this Ordinance to search until such premises or place has 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;
(f) 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 or be searched in a public place if he objects to being so searched.
25. Locks and seals on premises, vessels, etc.
(1) Any member of the Customs and Excise Service and any authorized officer may, for the purpose of exercising the powers conferred on him by this Ordinance, place a lock or seal on any premises or place, or on any vessel, aircraft, vehicle or article.
(2) If a member of the Customs and Excise Service or an authorized officer has placed a lock or seal on any premises, or on any vessel, aircraft, vehicle or article, any person who breaks or interferes with such a lock or seal shall be guilty of an offence and shall be liable on conviction to a fine of ,000 and to imprisonment for 3 months: Provided that if--
(a) any person breaks or interferes with any such lock or seal in the bona fide belief that it is necessary immediately to break or interfere with the lock or seal in order to prevent--
(i) injury being suffered by any person; or
(ii) damage being incurred to any premises, article, vessel, aircraft or vehicle; or
(b) any public officer breaks or interferes with any such lock or seal in the exercise of his lawful duties, such person or public officer shall be deemed not to have contravened this subsection.
26. Obstruction of members of the Customs and Excise Service, etc.
(1) Any person who--
(a) 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 and authorized officers by this Ordinance;
(Amended 36 of 1983 s. 6)
(b) fails to comply with any requirement, direction or demand given or made by a member of the Customs and Excise Service or an authorized officer in the exercise or performance of any such power, or duty; or
(Amended 36 of 1983 s. 6)
(c) fails to comply with a notice given him under sections 20A and 20B;
(Added 36 of 1983 s. 6)
(d) contravenes section 20A (3) or 20B (3); (Added 36 of 1983 s. 6)
(e) fails to supply information which it is his duty to supply under section 20A (5), (Added 36 of 1983 s. 6)
shall be guilty of an offence and shall be liable on conviction to a fine of ,000 and to imprisonment for 6 months.
(2) Any person who knowingly make a false report, or furnishes any false or misleading information, to any member of the Customs and Excise Service or any authorized officer in performing his duties under this Ordinance shall be guilty of an offence and shall be liable on conviction to a fine of ,000 and to imprisonment for 6 months.
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