Hong Kong Ordinances

DUTIABLE COMMODITIES ORDINANCE - SECT 8A

Determining applications for and revocation of licences in respect of premises

For the saving and transitional provisions relating to the amendments made by
the Dutiable Commodities (Amendment) Ordinance 2003 (4 of 2003), see Part III
of the Ordinance.

(1) In determining an application for the grant or renewal of a licence in
respect of any premises, the Commissioner or the officer deputed by him in
that behalf shall take into account-

   (a)  whether the applicant possesses the appropriate financial status;

   (b)  whether the books of account and other documents that are kept or
        proposed to be kept by the applicant in relation to the premises are
        sufficient for the purpose of auditing;

   (c)  whether the systems, procedures and standards that are used or
        proposed to be used by the applicant in respect of inventory control,
        record keeping and security are appropriate;

   (d)  whether the applicant and his responsible personnel are fit and proper
        persons; and

   (e)  any other relevant matter.

(2) No licence shall be granted in respect of any premises which are or will
be used wholly or partly as a place of residence.

(3) In determining whether to revoke under section 7(1A) a licence that was
granted in respect of any premises, the Commissioner or the officer deputed by
him in that behalf shall take into account-

   (a)  whether the licensee possesses the appropriate financial status;

   (b)  whether the books of account and other documents that are kept by the
        licensee in relation to the premises are sufficient for the purpose of
        auditing;

   (c)  whether the systems, procedures and standards that are used by the
        licensee in respect of inventory control, record keeping and security
        are appropriate;

   (d)  whether the licensee and his responsible personnel are fit and proper
        persons; and

   (e)  any other relevant matter.

(4) In determining whether a person is a fit and proper person for the
purposes of subsection (1)(d) or (3)(d), the Commissioner or the officer
deputed by him in that behalf shall take into account-

   (a)  the fact that the person has a conviction in Hong Kong or elsewhere
        for an offence for which it was necessary to find that the person had
        acted fraudulently, corruptly or dishonestly;

   (b)  the fact that the person has been convicted of an offence against this
        Ordinance;

   (c)  if the person is an individual, the fact that the person is an
        undischarged bankrupt or has entered into a composition or a scheme of
        arrangement or a voluntary arrangement within the meaning of the
        Bankruptcy Ordinance ( Cap 6) within the 5 years preceding the date of
        the application;

   (d)  if the person is a body corporate, the fact that the person is in
        liquidation, is the subject of a winding-up order or there is a
        receiver appointed in relation to it or it has entered into a
        composition or a scheme of arrangement or a voluntary arrangement
        within the meaning of the Bankruptcy Ordinance ( Cap 6) within the 5
        years preceding the date of the application; and

   (e)  any other relevant matter.

(5) The Commissioner or the officer mentioned in subsection (1) or

(3), as the case may be, shall give reasons in writing to the applicant or
licensee, as the case may be, for refusing an application to grant or renew a
licence in respect of any premises, or for revoking a licence granted in
respect of any premises, under section 7.

(6) In this section, "responsible personnel" (負責人員), in relation to a
person who is an applicant or licensee (as the case may be), means-

   (a)  where the person is a body corporate, any of its directors;

   (b)  where the person is an unincorporated association, the president,
        chairman, vice chairman or secretary of its management or executive
        committee (however described), or a person holding a similar office;
        or

   (c)  any other person who is or will be wholly or mainly responsible for
        the management of the premises concerned. (Added 4 of 2003 s. 3)

"responsible personnel" (負責人員)