Hong Kong Regulations

IMPORT AND EXPORT (GENERAL) REGULATIONS - REGULATION 6

Application and exemption

(Past version on 01/01/2005).
(Past version on 08/01/2004).
(Past version on 02/01/2003).
(Past version on 01/08/2000).
(Past version on 30/06/1997).

PART V

APPLICATION OF, AND EXEMPTION FROM, LICENSING REQUIREMENTS (L.N. 179 of 2002)

(1) Sections 6C(1) and 6D(1) of the Ordinance shall not apply to- (L.N. 136 of
1994)

   (a)  any article in transit, unless otherwise provided in regulation 6DF;
        (L.N. 440 of 1990; L.N. 179 of 2002)

   (b)  transhipment cargo imported or exported by a person to whom an
        exemption relating to that transhipment cargo has been granted under
        paragraph (2); (L.N. 440 of 1990)

   (ba) any specified article imported or exported as transhipment cargo,
        unless otherwise provided in regulation 6AA, being an article in
        respect of which a transhipment notification has been endorsed by the
        Commissioner or an authorized officer and the endorsement remains to
        have effect when the specified article is imported or exported; (33 of
        2003 s. 2)

   (c)  any article specified in-

        (i)    items 1, 1A, 1B and 1C of the Third Schedule, imported or
               exported in the accompanied personal baggage of a person
               entering or leaving Hong Kong and which is for his personal
               use; (47 of 1999 s. 171)

        (ii)   item 2 of the Third Schedule imported or exported by an
               individual for his personal use or as a bona fide gift to
               another individual; (L.N. 155 of 2004)

        (iii)  the Third Schedule, imported or exported as part of the
               provisions required for consumption or use by the crew or
               passengers of the vessel, aircraft or vehicle on which the
               article is carried, and is in each case in a quantity which is
               reasonable having regard to the purpose for which it is
               imported or exported as the case may be; (L.N. 440 of 1990)

   (ca) any article specified in the Sixth Schedule which is-

        (i)    imported in the accompanied personal baggage of a person
               entering Hong Kong;

        (ii)   for the personal use of that person or is a gift;

        (iii)  in an amount not exceeding 15 kg; and

        (iv)   accompanied by an official certificate as defined in the
               Imported Game, Meat and Poultry Regulations ( Cap 132 sub. leg.
               AK); (L.N. 142 of 2000)

   (d)  any article in respect of the import or export of which a person has
        been granted an exemption under paragraph (5). (L.N. 440 of 1990)

(2) If the Director is satisfied that a person is engaged in the business of
dealing in transhipment cargo he may exempt in writing, with respect to the
transhipment of any of the items set out in the First and Second Schedules and
specified in the exemption, that person from the licensing requirements under
sections 6C(1) and 6D(1) of the Ordinance. (L.N. 136 of 1994)

(3) The Director may impose such conditions as he thinks fit upon any
exemption made under paragraph (2) and any person exempted under paragraph (2)
shall comply with any condition imposed under this paragraph.

(3A) If a person is a registered textiles trader, the Director may exempt, in
writing, the registered textiles trader from the licensing requirements under
sections 6C(1) and 6D(1) of the Ordinance for the import or export of textiles
in accordance with the Fourth Schedule by the registered textiles trader.
(L.N. 111 of 1993; L.N. 136 of 1994)

(3B) The Director may impose such conditions as he thinks fit upon any
exemption made under paragraph (3A) and any person who relies on an exemption
issued under paragraph (3A) shall comply with any condition imposed under this
paragraph. (L.N. 111 of 1993)

(3C) The Director may vary the conditions as he thinks fit upon any exemption
made under paragraph (3A) and any person who relies on an exemption issued
under paragraph (3A) shall comply with any condition varied under this
paragraph. (L.N. 111 of 1993)

(3D) The Director may approve the form of an export, import or
transhipment notification that a registered textiles trader is required to
submit under these regulations. (L.N. 111 of 1993)

(4) If a person contravenes or fails to comply with any condition imposed
under paragraph (3), (3B) or (3C)- (L.N. 111 of 1993)

   (a)  he shall be guilty of an offence and shall be liable on conviction to
        a fine of $500000 and to imprisonment for 2 years; and

   (b)  the Director may by notice in writing revoke or suspend any exemption
        granted to that person or may amend any condition.

(5) Without prejudice to paragraphs (2), (3), (3A), (3B), (3C) and

(4), the Director may, on application and in respect of any article specified
in the First or Second Schedule, exempt in writing any person from any
requirement to obtain a licence under sections 6C(1) and 6D(1) of the
Ordinance. (L.N. 440 of 1990; L.N. 111 of 1993; L.N. 136 of 1994)

(6) The Commissioner may specify the form of, and the information required to
be given in, a transhipment notification in respect of any specified article.
(33 of 2003 s. 2) (L.N. 255 of 1984)