Hong Kong Regulations

IMPORT AND EXPORT (GENERAL) REGULATIONS - REGULATION 6AA

Application to air transhipment cargo

Caution: This is a past version. See the current version here.

Due to technical constraints, section 6AA of this Ordinance is placed after
section 6A in the BLIS system. The correct sequence of the sections should be
"6AA, 6A".

(1) Section 6C(1) of the Ordinance does not apply in relation to an article
specified in paragraph (2) that is air transhipment cargo; but if at any time
between its being brought into and taken out of Hong Kong such article is
removed from the cargo transhipment area of Hong Kong International Airport
then, for the purposes of section 6C(1) of the Ordinance-

   (a)  the article is deemed to be imported at the time of such removal; and

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

(2) The articles specified for the purposes of paragraph (1) are-

   (a)  the articles set out in Part I of the First Schedule, other than
        textiles;

   (b)  the articles set out in Part II of that Schedule.

(3) Section 6D(1) of the Ordinance does not apply in relation to an article
specified in paragraph (4) that is air transhipment cargo; but if at any time
between its being brought into and taken out of Hong Kong such article is
removed from the cargo transhipment area of Hong Kong International Airport,
section 6D(1) of the Ordinance has effect as if this paragraph had not been
enacted.

(4) The articles specified for the purposes of paragraph (3) are-

   (a)  the articles set out in Part I of the Second Schedule, other than
        textiles;

   (b)  the articles set out in Part II of that Schedule.

(5) (a) For the purpose of the issue of a licence under section 3 of the
Ordinance for the import of an article specified in paragraph (2), the import
of such an article that is air transhipment cargo does not take place unless
and until the article 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.

   (b)  Nothing in this regulation precludes the issue of a licence under
        section 3 of the Ordinance for the export of an article specified in
        paragraph (4) that is air transhipment cargo only because the article
        has been removed from the cargo transhipment area of Hong Kong
        International Airport.

(6) In proceedings against a person for an offence under section 6C or 6D of
the Ordinance, being proceedings-

   (a)  in relation to the import or export of an article specified in
        paragraph (2) or (4) that is 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
        article 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 or that he reasonably believed that such
        removal had not occurred, as the case may be.

(7) Where in any proceedings the defence provided by paragraph (6) 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.

(8) A person is not entitled to rely on the defence provided by paragraph (6)
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. 2)