Hong Kong Regulations

AIR POLLUTION CONTROL (VOLATILE ORGANIC COMPOUNDS) REGULATION - SECT 19

Presumptions: date of manufacture or importation of regulated products; regulated products not in transit etc.

(1) In a prosecution for an offence under section 17 for the contravention of
a prohibition under section 3, 10 or 13 or non-compliance with a requirement
under section 4, 6 or 7, a regulated product that is proved to have been
manufactured or imported by a person is presumed, in the absence of evidence
to the contrary, to be a regulated product manufactured or imported by that
person on or after the relevant date.

(2) In a prosecution for an offence under this Regulation, a regulated product
that is found in Hong Kong is presumed, in the absence of evidence to the
contrary, to be a regulated product that is not—

   (a)  goods in transit;

   (b)  goods in the course of transhipment; or

   (c)  goods that are solely for export or re-export.

(3) In subsection (1), “relevant date” (有關日期), in relation to a
regulated product, means—

   (a)  in the case of a prohibition, the date with effect from which the
        manufacture or importation of the regulated product having a volatile
        organic compound content in excess of the prescribed limit for that
        product is prohibited; and

   (b)  in the case of a requirement, the date with effect from which the
        relevant requirement has to be complied with. “relevant date”
        (有關日期)