Hong Kong Regulations

IMPORT AND EXPORT (REGISTRATION) REGULATIONS - REGULATION 5

Export declarations

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

(1) Every person who exports or re-exports any article other than an
exempted article shall lodge with the Commissioner an accurate and completed
export declaration relating to such article-

   (a)  in a form that the Commissioner may specify together with as many
        copies as the Commissioner may specify; or

   (b)  where the declaration is to be lodged using services provided by a
        specified body, in accordance with the requirements that the
        Commissioner may specify. (L.N. 172 of 1971; L.N. 294 of 1982; L.N.
        544 of 1995)

(2) Every declaration required to be lodged under paragraph (1) shall be
lodged within 14 days after the exportation of the article to which it
relates.

(3) Only one declaration is required in respect of exported
articles that-   (L.N. 297 of 1998; L.N. 90 of 1999 and 44 of 1999 s. 3)


   (a)  were exported under one bill of lading or air waybill; or

   (b)  (i) have item code numbers with identical first 4 digits;

        (ii)   were exported in the same ship, vehicle, train or aircraft; and

        (iii)  were consigned to the same country. (L.N. 384 of 1987)

(3A) Notwithstanding paragraph (2), where articles-

   (a)  are exported on a frequent and regular basis;

   (b)  have a value not exceeding $1000 for each consignment; (L.N. 46 of
        1984)

   (c)  have an identical item code number; and

   (d)  were consigned to the same country, a monthly declaration may, with
        the prior approval of the Commissioner, be lodged not later than the
        7th day of each month, setting out the particulars of every such
        article exported during the previous month. (L.N. 294 of 1982)

(3AA) Notwithstanding paragraph (3), a separate declaration shall be lodged in
respect of clothing items exported. (L.N. 23 of 1976)

(3B) Subject to paragraphs (3) and (3A), a separate declaration shall be
lodged under paragraph (1) in respect of each article exported.

(4) The country code number, the item code number and the unit of quantity
required to be inserted in a declaration to be lodged on paper under paragraph
(1) are respectively the appropriate country code number, item code number and
unit of quantity set out in the Imports and Exports  Classification List.
(L.N. 235 of 1973; L.N. 544 of 1995)

(5) Any person who, in contravention of the provisions of paragraph

(1), knowingly or recklessly lodges any declaration with the Commissioner that
is inaccurate in any material particular shall be guilty of an offence and
shall be liable on summary conviction to a fine of $10000. (L.N. 294 of 1982;
L.N. 260 of 1983)

(6) Every person who, being required to lodge a declaration under paragraph
(1), fails or neglects, without reasonable excuse, to do so within the period
specified in paragraph (2), or, where he has such excuse, fails or neglects to
lodge such declaration as soon as is practicable after the cessation of such
excuse, shall be guilty of an offence and shall be liable on summary
conviction to a fine of $1000 and, commencing on the day following the date of
conviction, to a fine of $100 in respect of every day during which his failure
or neglect to lodge the declaration continues. (5 of 1971 s. 13)

(7) The Commissioner may, on the tender of any export declaration that is
incomplete in any respect or on the tender of an export declaration without
the number of copies specified by the Commissioner, refuse to accept the
declaration until it is completed in every respect or until the specified
number of copies is submitted, as the case may be, and upon such refusal the
declaration shall be deemed not to have been lodged with the Commissioner.
(L.N. 172 of 1971; L.N. 294 of 1982)