Hong Kong Regulations
[Index]
[Table]
[Search]
[Notes]
[Noteup]
[Previous]
[Next]
[Download (Current & Past)]
[Download (Current only)]
[繁體中文]
[Help]
IMPORT AND EXPORT (GENERAL) REGULATIONS - SCHEDULE 8
TRANSITIONAL ARRANGEMENTS ARISING FROM IMPORT AND EXPORT (GENERAL) (AMENDMENT) (NO. 2) REGULATION 2003
[regulation 6H]
In respect of the period specified in regulation 6H(2), the Import and
Export (General) Regulations ( Cap 60 sub. leg. A) shall have effect as if the
following provisions were substituted for regulations 6A, 6B, 6BA, 6BB, 6BC,
6BD, 6BE, 6BF and 6C-
"Import of textiles otherwise than as transhipment cargo
6A. Obligations of registered textiles trader
(1) A registered textiles trader shall ensure that no textiles are imported
otherwise than as transhipment cargo, in or on any vessel, aircraft or
vehicle, in reliance on an exemption issued to him under regulation 6(3A)
until-
(a) he has-
(i) delivered to the Director, using services provided by a
specified body, an import notification in respect of the
textiles;
(ii) received the reference number assigned to that import
notification and sent by the Director under paragraph (2); and
(iii) delivered to the import carrier, in electronic form or in paper
form, the reference number of that import notification and
indicated to the import carrier that it is such
reference number; or
(b) he has delivered to the import carrier an import notification in paper
form in respect of the textiles.
(2) The Director, on receiving from a registered textiles trader an
import notification under paragraph (1)(a)(i) in respect of any textiles-
(a) is to assign a reference number to the notification for the purpose of
identifying the notification; and
(b) is to send to the registered textiles trader, using services provided
by a specified body, the reference number of the notification.
(3) A registered textiles trader who has delivered an import notification to
the Director using services provided by a specified body, and has complied
with other requirements in paragraph
(1)(a), in respect of any textiles shall not take, or cause to be taken,
possession of the textiles imported without having delivered to the import
carrier, in electronic form or in paper form, all the particulars contained in
that import notification and having indicated to the import carrier that they
are such particulars.
(4) Any person who contravenes paragraph (1) commits an offence and is liable
on conviction-
(a) where the person has complied with paragraph (1)(a)(i) and (ii) but
fails to comply with paragraph (1)(a)(iii), to a fine at level 2; or
(b) in any other case, to a fine of $500000 and to imprisonment for 2
years.
(5) Any person who contravenes paragraph (3) commits an offence and is liable
on conviction to a fine at level 2.
6B. Obligations of carrier
(1) This regulation applies where textiles are imported otherwise than as
transhipment cargo in or on any vessel, aircraft or vehicle under an exemption
issued to a registered textiles trader under regulation 6(3A).
(2) The import carrier shall not release possession of the textiles imported
until he has received from the registered textiles trader-
(a) information, in electronic form or in paper form, that-
(i) includes all the items of particulars required to be contained
in an import notification;
(ii) appears on its face to be information in respect of the
textiles; and
(iii) is indicated by the registered textiles trader to be- (A) all
the particulars contained in an import notification that the
registered textiles trader has delivered to the Director in
respect of the textiles as required in regulation 6A(1)(a)(i);
and (B) the reference number assigned by the Director to that
notification ("reference number as informed"); or
(b) an import notification in paper form that the registered
textiles trader delivers to him under regulation 6A(1)(b) in respect
of the textiles.
(3) The import carrier shall-
(a) (where he has received the reference number as informed) within 14
days after the day of that receipt or the day on which the textiles
are imported (whichever is the later)-
(i) deliver to the Director in paper form a copy or extract of the
manifest of the importing vessel, aircraft or vehicle, duly
certified by the import carrier; or
(ii) deliver to the Director using services provided by a specified
body a copy or extract of the manifest of the importing vessel,
aircraft or vehicle,
which certified copy or certified extract, or copy or extract, shall contain,
in addition to the particulars required to be contained in a manifest under
paragraph 2 of the Import and Export Manifests Notice (Cap 60 sub. leg. C),
that reference number; or
(b) (where he has received an import notification in paper form as stated
in paragraph (2)(b)) within 14 days after the day of that receipt or
the day on which the textiles are imported (whichever is the later)-
(i) deliver to the Director the import notification in paper form;
and
(ii) deliver to the Director- (A) in paper form a copy or extract of
the manifest of the importing vessel, aircraft or vehicle, duly
certified by the import carrier; or (B) using services
provided by a specified body a copy or extract of the manifest
of the importing vessel, aircraft or vehicle. (L.N. 116 of
2003)
(4) Any person who contravenes paragraph (2) commits an offence and is liable
on conviction to a fine of $500000 and to imprisonment for 1 year.
(5) Subject to regulation 6C, any person who contravenes paragraph (3) commits
an offence and is liable on conviction to a fine at level 2.
Export of textiles otherwise than as transhipment cargo
6BA. Obligations of registered textiles trader
(1) A registered textiles trader shall ensure that no textiles are exported
otherwise than as transhipment cargo, in or on any vessel, aircraft or
vehicle, in reliance on an exemption issued to him under regulation 6(3A)
until-
(a) he has-
(i) delivered to the Director, using services provided by a
specified body, an export notification in respect of the
textiles;
(ii) received the reference number assigned to that export
notification and sent by the Director under paragraph (2); and
(iii) delivered to the export carrier, in electronic form or in paper
form, all the particulars contained in, and the
reference number of, that export notification and indicated to
the export carrier that they are such particulars and
reference number; or
(b) he has delivered to the export carrier an export notification in paper
form in respect of the textiles.
(2) The Director, on receiving from a registered textiles trader an
export notification under paragraph (1)(a)(i) in respect of any textiles-
(a) is to assign a reference number to the notification for the purpose of
identifying the notification; and
(b) is to send to the registered textiles trader, using services provided
by a specified body, the reference number of the notification.
(3) Any person who contravenes paragraph (1) commits an offence and is liable
on conviction-
(a) where the person has complied with paragraph (1)(a)(i) and (ii) but
fails to comply with paragraph (1)(a)(iii), to a fine at level 2; or
(b) in any other case, to a fine of $500000 and to imprisonment for 2
years.
6BB. Obligations of carrier
(1) This regulation applies where textiles are or are to be exported otherwise
than as transhipment cargo in or on any vessel, aircraft or vehicle under an
exemption issued to a registered textiles trader under regulation 6(3A).
(2) The export carrier shall not export the textiles until he has received
from the registered textiles trader-
(a) information, in electronic form or in paper form, that-
(i) includes all the items of particulars required to be contained
in an export notification;
(ii) appears on its face to be information in respect of the
textiles; and
(iii) is indicated by the registered textiles trader to be- (A) all
the particulars contained in an export notification that the
registered textiles trader has delivered to the Director in
respect of the textiles as required in regulation 6BA(1)(a)(i);
and (B) the reference number assigned by the Director to that
notification ("reference number as informed"); or
(b) an export notification in paper form that the registered
textiles trader delivers to him under regulation 6BA(1)(b) in respect
of the textiles.
(3) The export carrier shall, within 14 days after the day on which the
textiles are exported-
(a) where he has received the reference number as informed-
(i) deliver to the Director in paper form a copy or extract of the
manifest of the exporting vessel, aircraft or vehicle, duly
certified by the export carrier; or
(ii) deliver to the Director using services provided by a specified
body a copy or extract of the manifest of the exporting vessel,
aircraft or vehicle,
which certified copy or certified extract, or copy or extract, shall contain,
in addition to the particulars required to be contained in a manifest under
paragraph 3 of the Import and Export Manifests Notice (Cap 60 sub. leg. C),
that reference number; or
(b) where he has received an export notification in paper form as stated
in paragraph (2)(b)-
(i) deliver to the Director the export notification in paper form;
and
(ii) deliver to the Director- (A) in paper form a copy or extract of
the manifest of the exporting vessel, aircraft or vehicle, duly
certified by the export carrier; or (B) using services
provided by a specified body a copy or extract of the manifest
of the exporting vessel, aircraft or vehicle. (L.N. 116 of
2003)
(4) Any person who contravenes paragraph (2) commits an offence and is liable
on conviction to a fine of $500000 and to imprisonment for 1 year.
(5) Subject to regulation 6C, any person who contravenes paragraph (3) commits
an offence and is liable on conviction to a fine at level 2.
Import of textiles as transhipment cargo
6BC. Obligations of registered textiles trader
(1) A registered textiles trader shall ensure that no textiles are imported as
transhipment cargo, in or on any vessel, aircraft or vehicle, in reliance on
an exemption issued to him under regulation 6(3A) until-
(a) he has-
(i) delivered to the Director, using services provided by a
specified body, a transhipment notification in respect of the
textiles;
(ii) received the reference number assigned to that transhipment
notification and sent by the Director under paragraph (2); and
(iii) delivered to the import carrier, in electronic form or in paper
form, the reference number of that transhipment notification
and indicated to the import carrier that it is such
reference number; or
(b) he has delivered to the import carrier a transhipment notification in
paper form in respect of the textiles.
(2) The Director, on receiving from a registered textiles trader a
transhipment notification under paragraph (1)(a)(i) in respect of any
textiles-
(a) is to assign a reference number to the notification for the purpose of
identifying the notification; and
(b) is to send to the registered textiles trader, using services provided
by a specified body, the reference number of the notification.
(3) A registered textiles trader who has delivered a transhipment notification
to the Director using services provided by a specified body, and has complied
with other requirements in paragraph
(1)(a), in respect of any textiles shall not take, or cause to be taken,
possession of the textiles imported without having delivered to the import
carrier, in electronic form or in paper form, all the particulars contained in
that transhipment notification and having indicated to the import carrier that
they are such particulars.
(4) Any person who contravenes paragraph (1) commits an offence and is liable
on conviction-
(a) where the person has complied with paragraph (1)(a)(i) and (ii) but
fails to comply with paragraph (1)(a)(iii), to a fine at level 2; or
(b) in any other case, to a fine of $500000 and to imprisonment for 2
years.
(5) Any person who contravenes paragraph (3) commits an offence and is liable
on conviction to a fine at level 2.
6BD. Obligations of carrier
(1) This regulation applies where textiles are imported as transhipment cargo
in or on any vessel, aircraft or vehicle under an exemption issued to a
registered textiles trader under regulation 6(3A).
(2) The import carrier shall not release possession of the textiles imported
until he has received from the registered textiles trader-
(a) information, in electronic form or in paper form, that-
(i) includes all the items of particulars required to be contained
in a transhipment notification;
(ii) appears on its face to be information in respect of the
textiles; and
(iii) is indicated by the registered textiles trader to be- (A) all
the particulars contained in a transhipment notification that
the registered textiles trader has delivered to the Director in
respect of the textiles as required in regulation 6BC(1)(a)(i);
and (B) the reference number assigned by the Director to that
notification ("reference number as informed"); or
(b) a transhipment notification in paper form that the registered
textiles trader delivers to him under regulation 6BC(1)(b) in respect
of the textiles.
(3) The import carrier shall-
(a) (where he has received the reference number as informed) within 14
days after the day of that receipt or the day on which the textiles
are imported (whichever is the later)-
(i) deliver to the Director in paper form a copy or extract of the
manifest of the importing vessel, aircraft or vehicle, duly
certified by the import carrier; or
(ii) deliver to the Director using services provided by a specified
body a copy or extract of the manifest of the importing vessel,
aircraft or vehicle,
which certified copy or certified extract, or copy or extract, shall contain,
in addition to the particulars required to be contained in a manifest under
paragraph 2 of the Import and Export Manifests Notice (Cap 60 sub. leg. C),
that reference number; or
(b) (where he has received a transhipment notification in paper form as
stated in paragraph (2)(b)) within 14 days after the day of that
receipt or the day on which the textiles are imported (whichever is
the later)-
(i) deliver to the Director the transhipment notification in paper
form;
(ii) deliver to the Director- (A) in paper form a copy or extract of
the manifest of the importing vessel, aircraft or vehicle, duly
certified by the import carrier; or (B) using services
provided by a specified body a copy or extract of the manifest
of the importing vessel, aircraft or vehicle; and
(iii) deliver to the Director a through bill of lading or air waybill
under which the textiles have been imported. (L.N. 116 of 2003)
(4) Any person who contravenes paragraph (2) commits an offence and is liable
on conviction to a fine of $500000 and to imprisonment for 1 year.
(5) Subject to regulation 6C, any person who contravenes paragraph (3) commits
an offence and is liable on conviction to a fine at level 2.
Export of textiles as transhipment cargo
6BE. Obligations of registered textiles trader
(1) A registered textiles trader shall ensure that no textiles are exported as
transhipment cargo, in or on any vessel, aircraft or vehicle, in reliance on
an exemption issued to him under regulation 6(3A) until-
(a) he has-
(i) delivered to the Director, using services provided by a
specified body, a transhipment notification in respect of the
textiles;
(ii) received the reference number assigned to that transhipment
notification and sent by the Director under paragraph (2); and
(iii) delivered to the export carrier, in electronic form or in paper
form, all the particulars contained in, and the
reference number of, that transhipment notification and
indicated to the export carrier that they are such particulars
and reference number; or
(b) he has delivered to the export carrier a transhipment notification in
paper form in respect of the textiles.
(2) The Director, on receiving from a registered textiles trader a
transhipment notification under paragraph (1)(a)(i) in respect of any
textiles-
(a) is to assign a reference number to the notification for the purpose of
identifying the notification; and
(b) is to send to the registered textiles trader, using services provided
by a specified body, the reference number of the notification.
(3) Any person who contravenes paragraph (1) commits an offence and is liable
on conviction-
(a) where the person has complied with paragraph (1)(a)(i) and (ii) but
fails to comply with paragraph (1)(a)(iii), to a fine at level 2; or
(b) in any other case, to a fine of $500000 and to imprisonment for 2
years.
6BF. Obligations of carrier
(1) This regulation applies where textiles are or are to be exported as
transhipment cargo in or on any vessel, aircraft or vehicle under an exemption
issued to a registered textiles trader under regulation 6(3A).
(2) The export carrier shall not export the textiles until he has received
from the registered textiles trader-
(a) information, in electronic form or in paper form, that-
(i) includes all the items of particulars required to be contained
in a transhipment notification;
(ii) appears on its face to be information in respect of the
textiles; and
(iii) is indicated by the registered textiles trader to be- (A) all
the particulars contained in a transhipment notification that
the registered textiles trader has delivered to the Director in
respect of the textiles as required in regulation 6BE(1)(a)(i);
and (B) the reference number assigned by the Director to that
notification ("reference number as informed"); or
(b) a transhipment notification in paper form that the registered
textiles trader delivers to him under regulation 6BE(1)(b) in respect
of the textiles.
(3) The export carrier shall, within 14 days after the day on which the
textiles are exported-
(a) where he has received the reference number as informed-
(i) deliver to the Director in paper form a copy or extract of the
manifest of the exporting vessel, aircraft or vehicle, duly
certified by the export carrier; or
(ii) deliver to the Director using services provided by a specified
body a copy or extract of the manifest of the exporting vessel,
aircraft or vehicle,
which certified copy or certified extract, or copy or extract, shall contain,
in addition to the particulars required to be contained in a manifest under
paragraph 3 of the Import and Export Manifests Notice (Cap 60 sub. leg. C),
that reference number; or
(b) where he has received a transhipment notification in paper form as
stated in paragraph (2)(b)-
(i) deliver to the Director the transhipment notification in paper
form;
(ii) deliver to the Director- (A) in paper form a copy or extract of
the manifest of the exporting vessel, aircraft or vehicle, duly
certified by the export carrier; or (B) using services
provided by a specified body a copy or extract of the manifest
of the exporting vessel, aircraft or vehicle; and
(iii) deliver to the Director a through bill of lading or air waybill
under which the textiles have been exported. (L.N. 116 of 2003)
(4) Any person who contravenes paragraph (2) commits an offence and is liable
on conviction to a fine of $500000 and to imprisonment for 1 year.
(5) Subject to regulation 6C, any person who contravenes paragraph (3) commits
an offence and is liable on conviction to a fine at level 2.
Miscellaneous provisions
6C. Certain requirements deemed complied with
if manifest lodged with Commissioner
using services provided
by a specified body
(1) The requirements under regulation 6B(3)(a), 6BB(3)(a), 6BD(3)(a) or
6BF(3)(a) are deemed to have been complied with if-
(a) regulation 11 or 12 (as the case may be) of the Import and
Export (Registration) Regulations ( Cap 60 sub. leg. E) has been
complied with in relation to the importing vessel, aircraft or vehicle
or exporting vessel, aircraft or vehicle (as the case may be) by the
manifest having been lodged with the Commissioner, or with an officer
appointed by the Commissioner, using services provided by a specified
body; and
(b) the manifest contains the reference number as informed within the
meaning of regulation 6B(2)(a)(iii)(B), 6BB(2)(a)(iii)(B),
6BD(2)(a)(iii)(B) or 6BF(2)(a)(iii)(B) (as the case may be).
(2) The requirements under regulation 6B(3)(b)(ii), 6BB(3)(b)(ii),
6BD(3)(b)(ii) or 6BF(3)(b)(ii) are deemed to have been complied with if
regulation 11 or 12 (as the case may be) of the Import
and Export (Registration) Regulations ( Cap 60 sub. leg. E) has been complied
with in relation to the importing vessel, aircraft or vehicle or exporting
vessel, aircraft or vehicle (as the case may be) by the manifest having been
lodged with the Commissioner, or with an officer appointed by the
Commissioner, using services provided by a specified body.
6CA. Determination that delivery of notification by using services provided by
specified body is not practicable
(1) Where the Commissioner considers that it is not practicable for an import,
export or transhipment notification to be delivered to the Director by using
services provided by a specified body as specified in regulation 6A(1)(a)(i),
6BA(1)(a)(i), 6BC(1)(a)(i) or 6BE(1)(a)(i), he may make a determination that,
in respect of the period for which the determination is in force-
(a) regulation 6A(1)(a)(i), 6BA(1)(a)(i), 6BC(1)(a)(i) or 6BE(1)(a)(i) (as
the case may be) and the relevant provisions applicable where a
notification is delivered by using services provided by a specified
body shall have no effect;
(b) an import, export or transhipment notification (as the case may be)-
(i) shall not be delivered by using services provided by a
specified body; but
(ii) shall be delivered in paper form as specified in regulation
6A(1)(b), 6BA(1)(b), 6BC(1)(b) or 6BE(1)(b); and
(c) these regulations shall have effect subject to the determination.
(2) Notice of a determination made under paragraph
(1) shall be published in the Gazette within 14 days of the determination
having been made.
(3) A determination made under paragraph (1) may make different provision in
relation to different classes of persons or notifications.
(4) In this regulation, in relation to a determination made under paragraph
(1) in respect of any provisions specified in column 1 of the Table below,
"relevant provisions applicable where a notification is delivered by using
services provided by a specified body"
(在使用指明團體所提供的服務交付通知書情況下適用的有關條文)
means the provisions specified opposite to the first-mentioned provisions in
column 2 of the Table-
Table
Column 1 Column 2
Provision in respect of which a determination under paragraph (1) is made
Relevant provisions applicable where a notification
is delivered by using services provided
by a specified body
regulation 6A(1)(a)(i) regulations 6A(1)(a), (2), (3), (4)(a) and (5) and
6B(2)(a) and
(3)(a)
regulation 6BA(1)(a)(i) regulations 6BA(1)(a), (2) and (3)(a) and 6BB(2)(a)
and (3)(a)
regulation 6BC(1)(a)(i) regulations 6BC(1)(a), (2), (3), (4)(a) and (5) and
6BD(2)(a) and (3)(a)
regulation 6BE(1)(a)(i) regulations 6BE(1)(a), (2) and (3)(a) and 6BF(2)(a)
and (3)(a).
6CB. Certain provisions subject to determination or notice under section
32A(2)(a) or 32B(2) of the Ordinance
Any provisions of regulation 6B(3), 6BB(3), 6BD(3) or 6BF(3) requiring either
the delivery of a certified copy or certified extract of a manifest in paper
form or the delivery of a copy or extract of a manifest using services
provided by a specified body shall have effect subject to any determination
made under section 32A(2)(a) of the Ordinance or notice published under
section 32B(2) of the Ordinance.". (Eighth Schedule added L.N. 93 of 2003)
"relevant provisions applicable where a notification is delivered by using
services provided by a specified body"
(在使用指明團體所提供的服務交付通知書情況下適用的有關條文)
[Index]
[Table]
[Search]
[Notes]
[Noteup]
[Previous]
[Next]
[Download (Current & Past)]
[Download (Current only)]
[繁體中文]
[Help]