Hong Kong Regulations

IMPORT AND EXPORT (GENERAL) REGULATIONS - REGULATION 6E

Defence of reasonable diligence

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

(1) In any proceedings against a person for an offence under regulation 6A(4),
6A(5), 6B(3), 6C(2) or 6D(5), it shall be a defence for the person to show
that he took all reasonable steps and exercised reasonable diligence to avoid
committing the offence.

(2) Where in any proceedings the defence provided by paragraph (1) involves an
allegation that the commission of the offence was due-

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

   (b)  to reliance on information given by another person, the defendant
        shall not, without the leave of the court, be 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 the person who committed the act or default
        or gave the information and of the act, default and information of
        which he is aware at the time he serves notice.

(3) A person shall not be entitled to rely on the defence provided by
paragraph (1) 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-

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

   (b)  to whether he had any reason to disbelieve the information. (L.N. 111
        of 1993)