Hong Kong Regulations

RABIES REGULATION - SECT 11A

Application to air transit or air transhipment cargo

(1) Section 11(1) does not apply in relation to an animal that is
air transit cargo, or a carcass or animal product that is air transit  cargo
or air transhipment cargo; but if at any time between its being brought into
and taken out of Hong Kong such animal is removed from an aircraft or such
carcass or animal product is removed from the cargo 
transhipment area of Hong Kong International Airport then, for the purposes of
section 11(1)-

   (a)  the animal, carcass or animal product is deemed to be imported at the
        time of such removal; and

   (b)  the person who brought the animal, carcass or animal product, or
        caused it to be brought, into Hong Kong as air transit cargo or air 
        transhipment cargo is deemed to be the person who imports the animal,
        carcass or animal product at the time of its removal, and, except to
        that extent, that section has effect as if this subsection had not
        been enacted.

(2) For the purpose of the issue of a permit under section 12 for the import
of an animal, carcass or animal product, the import of an animal that is
air transit cargo or of a carcass or animal product that is air transit cargo
or air transhipment cargo does not take place unless and until the animal is
removed from an aircraft or the carcass or animal product is removed from the
cargo transhipment area of Hong Kong  International Airport other than for the
purpose of its being taken out of Hong Kong by air.

(3) In proceedings against a person for an offence under section  11 (2) or
(3), being proceedings-

   (a)  in relation to the import of an animal that is air transit  cargo, or
        a carcass or animal product that is air transit cargo or air 
        transhipment cargo; and

   (b)  in which it is necessary for the prosecution to prove that, at any
        time between its being brought into and taken out of Hong Kong, the
        animal was removed from an aircraft or the carcass or animal product
        was removed from the
        cargo transhipment area of Hong Kong International  Airport, it is a
        defence for the person to show that he took all reasonable steps and
        exercised reasonable diligence to avoid such removal occurring.

(4) Where in any proceedings the defence provided by subsection (3) involves
an allegation that the commission of the offence was due to-

   (a)  the act or default of another person; or

   (b)  reliance on information given by another person, the defendant is not,
        without the leave of the court, entitled to rely on the defence
        unless, not less than 10 days before the hearing of the proceedings,
        he has served a notice in writing on the prosecutor giving all
        particulars of-

        (i)    the person who committed the act or default or gave the
               information; and

        (ii)   the act, default or information, of which he is aware at the
               time he serves the notice.

(5) A person is not entitled to rely on the defence provided by subsection (3)
by reason of his reliance on information supplied by another person, unless he
shows that it was reasonable in all the circumstances for him to have relied
on the information, having regard in particular to-

   (a)  the steps which he took, and those which might reasonably have been
        taken, for the purpose of verifying the information; and

   (b)  whether he had any reason to disbelieve the information.

(29 of 2000 s. 10)