IMPORT AND EXPORT (REMOVAL OF ARTICLES) REGULATIONS - CHAPTER 60F IMPORT AND EXPORT (REMOVAL OF ARTICLES) REGULATIONS - LONG TITLE Empowering section VerDate:30/06/1997 (Cap 60, section 31) [23 December 1983] (L.N. 397 of 1983) IMPORT AND EXPORT (REMOVAL OF ARTICLES) REGULATIONS - REGULATION 1 Citation VerDate:30/06/1997 These regulations may be cited as the Import and Export (Removal of Articles) Regulations. IMPORT AND EXPORT (REMOVAL OF ARTICLES) REGULATIONS - REGULATION 2 (Repealed L.N. 34 of 2003) VerDate:11/04/2003 IMPORT AND EXPORT (REMOVAL OF ARTICLES) REGULATIONS - REGULATION 2 Interpretation VerDate:30/06/1997 In these regulations "form" (表格、格式) means a form prescribed in the Schedule. "form" (表格、格式) IMPORT AND EXPORT (REMOVAL OF ARTICLES) REGULATIONS - REGULATION 3 Notice, etc. under section 20A VerDate:11/04/2003 Any- (a) notice given under section 20A(2) of the Ordinance; or (b) notification of permission given under section 20A(4)(a) of the Ordinance, shall contain the information specified in Schedule 1, with such variations as the circumstances of the case may require. (L.N. 34 of 2003) IMPORT AND EXPORT (REMOVAL OF ARTICLES) REGULATIONS - REGULATION 3 Notice and permission under section 20A VerDate:30/06/1997 (1) A notice under section 20A(2) of the Ordinance shall be in the form prescribed in Part I of Form 1. (2) Permission granted under section 20A(4) of the Ordinance to remove or permit the removal of the article to which Part I of Form 1 relates may be given in the form prescribed in Part II of Form 1. IMPORT AND EXPORT (REMOVAL OF ARTICLES) REGULATIONS - REGULATION 4 Notice, etc. under section 20B VerDate:11/04/2003 Any- (a) notice given under section 20B(1) of the Ordinance; or (b) information given under section 20B(3)(b) of the Ordinance, shall contain the information specified in Schedule 2, with such variations as the circumstances of the case may require. (L.N. 34 of 2003) IMPORT AND EXPORT (REMOVAL OF ARTICLES) REGULATIONS - REGULATION 4 Notice and permission under section 20B VerDate:30/06/1997 (1) A notice under section 20B(1) of the Ordinance shall be in the form prescribed in Part I of Form 2. (2) For the purposes of section 20B(3)(b) of the Ordinance an officer may inform the consignee, the owner of the vessel, aircraft or vehicle or the occupier that an examination is unnecessary by an appropriate endorsement on Form 2 in the form prescribed in Part II thereof and if he examines the article he shall likewise make the appropriate endorsement. (L.N. 299 of 1991) IMPORT AND EXPORT (REMOVAL OF ARTICLES) REGULATIONS - REGULATION 5 (Repealed L.N. 34 of 2003) VerDate:11/04/2003 IMPORT AND EXPORT (REMOVAL OF ARTICLES) REGULATIONS - REGULATION 5 Use of forms VerDate:30/06/1997 (1) A form shall be used with such variations as the circumstances of the case may require and shall be signed by the officer by whom the notice is given. (2) Particulars required to be stated in any form may be stated on a document annexed thereto signed by the officer who signs the form and any document so annexed shall be deemed to be part of the form. IMPORT AND EXPORT (REMOVAL OF ARTICLES) REGULATIONS - REGULATION 6 Service of notice VerDate:11/04/2003 (1) A notice under section 20A or 20B of the Ordinance may be served on any person- (a) by delivery to him personally; (b) by leaving it at, or by sending it by facsimile transmission to, his usual place of abode or business; (ba) by sending it to him using services provided by a specified body; (L.N. 34 of 2003) (c) in the case of a company as defined for the purposes of the Companies Ordinance (Cap 32), by leaving it at, or by sending it by facsimile transmission to, the registered office of the company; (d) in the case of any body of persons, corporate or unincorporate, by leaving it at, or by sending it by facsimile transmission to, their principal place of business in Hong Kong. (2) Any notice served in accordance with subregulation (1) shall, in the absence of evidence to the contrary, be deemed to have been duly served. (L.N. 370 of 1998) (3) In this regulation, reference to a notice under section 20A or 20B of the Ordinance is a reference to a notice, notification or information under those sections. (L.N. 34 of 2003) (L.N. 370 of 1998) IMPORT AND EXPORT (REMOVAL OF ARTICLES) REGULATIONS - REGULATION 6 Service of notice VerDate:11/12/1998 (1) A notice under section 20A or 20B of the Ordinance may be served on any person- (a) by delivery to him personally; (b) by leaving it at, or by sending it by facsimile transmission to, his usual place of abode or business; (c) in the case of a company as defined for the purposes of the Companies Ordinance (Cap 32), by leaving it at, or by sending it by facsimile transmission to, the registered office of the company; (d) in the case of any body of persons, corporate or unincorporate, by leaving it at, or by sending it by facsimile transmission to, their principal place of business in Hong Kong. (2) Any notice served in accordance with subregulation (1) shall, in the absence of evidence to the contrary, be deemed to have been duly served. (L.N. 370 of 1998) (L.N. 370 of 1998) IMPORT AND EXPORT (REMOVAL OF ARTICLES) REGULATIONS - REGULATION 6 Service of notice VerDate:30/06/1997 A notice under section 20A or 20B of the Ordinance may be served on any person- (a) by delivery to him personally; (b) by leaving it at his usual place of abode or business; (c) in the case of a company as defined for the purposes of the Companies Ordinance (Cap 32), by leaving it at the registered office of the company; (d) in the case of any body of persons, corporate or unincorporate, by leaving it at their principal place of business in Hong Kong. IMPORT AND EXPORT (REMOVAL OF ARTICLES) REGULATIONS - SCHEDULE 1 INFORMATION TO BE CONTAINED IN NOTICE OR NOTIFICATION GIVEN UNDER SECTION 20A OF THE ORDINANCE VerDate:11/04/2003 [regulation 3] 1. In relation to the vessel, aircraft or vehicle that the article is upon- (a) the name of the owner; (b) the following identifying particulars- (i) in the case of a vessel, the name and the voyage number (if any); (ii) in the case of an aircraft, the flight number; (iii) in the case of a vehicle, the registration or identification number and, if the vehicle is a train, also the wagon number (if any); (c) the date of its arrival in Hong Kong. 2. The description and quantity of the article, and any identification mark it bears. 3. If the article is in a container, the number of the container (if any). 4. The place at which the article was loaded onto the vessel, aircraft or vehicle. 5. The number of the bill of lading, air waybill or delivery order relating to the article. 6. The place designated by the owner for the purposes of section 20A(2)(a) of the Ordinance, and the name of the occupier of that place. 7. The name and rank of the officer giving the notice or notification (as the case may be), and the date on which and time at which the notice or notification is given. (Schedule 1 replaced L.N. 34 of 2003) IMPORT AND EXPORT (REMOVAL OF ARTICLES) REGULATIONS - SCHEDULE SCHEDULE VerDate:30/06/1997 [regulations 2, 3 & 4] FORM 1 [regulation 3] IMPORT AND EXPORT ORDINANCE (Chapter 60) Notice given by a member of the Customs and Excise Service prohibiting the removal of articles for the purpose of establishing the identity of the consignee of the articles Serial No. .................... PART I To: ...... .................................................................. ............................................................... (Owner of Vessel/Aircraft/Vehicle*) Notice is hereby given under section 20A of the Import and Export Ordinance (Chapter 60) that you are prohibited from removing or permitting the removal of the article(s) described as follows- Description and Quantity ........................................................................... .................... .................................................................. ................................................................... Identification Mark ........................................................................... ............................. Vessel/Flight No./Vehicle No.* .................................................................. .................... Container No. (if any) ........................................................................... ........................ Date of Port of Arrival ................................................ Loading ..................................................... Bill of Lading/Air Waybill/Delivery Order No.* ............................................................... from the said vessel/aircraft/vehicle* except to the place designated by you, namely, ................. ........................................., and where such article(s) is/are* to be stored in the said designated place, you and the occupier thereof, namely, ........................................................................... ., are prohibited from removing or permitting the removal of such article(s) from the said designated place save in accordance with permission therefor. Officer's name ............................................. Officer's signature ..................................... Officer's rank ............................................. Date ............................. Time ................ Telephone No. ............................................. Copy of this notice given to: .......................................................................... ......................... (Occupier of the storage place) on .......................................... (date) .......................................... (time) ........................................................ Officer's signature Note: (1) It shall be the duty of the person upon whom this notice is served and the occupier of the storage place if it is served on him, at any time prior to the grant of permission to remove or permit the removal of the article(s), upon obtaining information as to the identity or particulars of the consignee of the article to which the notice relates, being information not previously supplied by such person to the officer giving the notice, to supply such information to the officer specified in the notice. It is a criminal offence not to supply such information. (2) It is a criminal offence- (a) to fail to comply with this notice; (b) where the notice is served on the occupier of any storage place for him to remove or permit the removal of the article without the permission of the officer giving this notice. The maximum penalty is $10000 and 6 months' imprisonment. PART II Permission is hereby granted for the removal of the article(s) described in Part I of this notice from the vessel/aircraft/vehicle* or the designated place* specified in Part I of this notice unconditionally/after examination under section 20 of the said Ordinance*. Officer's name ............................................. Officer's signature ..................................... Officer's rank ............................................. Date ............................. Time ................ FORM 2 [regulation 4] IMPORT AND EXPORT ORDINANCE (Chapter 60) Notice given by a member of the Customs and Excise Service or an authorized officer requiring the removal of articles to specified premises for examination Serial No. .................... PART I To: ........................................................................... ............................................................ (Consignee of the article(s)/Owner of vessel/aircraft/vehicle*) 1. Notice is hereby given under section 20B of the Import and Export Ordinance (Chapter 60) that you are required to remove the article(s) described as follows- Description and Quantity ........................................................................... .................... .............................................................. ....................................................................... Identification Mark ........................................................................... ............................. Vessel/Flight No./Vehicle No. * ........................................................................... .......... Container No. (if any) ........................................................................... ........................ Date of Port of Arrival ................................................ Loading ..................................................... Bill of Lading/Air Waybill/Delivery Order No.* ............................................................... from the said vessel/aircraft/vehicle* to the premises nominated by you, namely, ...................... ..........................................................., for examination. You and the occupier thereof, namely, ................................................, are prohibited from removing or permitting the removal of such article(s) from the said nominated premises until the article(s) has/have* been examined by an officer/or* such examination is declared unnecessary by an officer. *2. It is a condition of this notice that the article(s) shall at all times until it is/they are* examined by an officer under section 20 of the said Ordinance be guarded by an officer. Officer's name ............................................. Officer's signature ..................................... Officer's rank ............................................. Date ............................. Time ................ Telephone No. ............................................. Copy of this notice given to: ........................................................................... ........................ (Occupier of the storage place) on .......................................... (date) .......................................... (time) ........................................................ Officer's signature Note: (1) It is the duty of the person in control of the premises specified in Part I of this notice to permit an officer to have access to, and to examine, the article(s). (2) If paragraph 2 is applicable an officer may at any time enter upon the premises specified in Part I of this notice and take such measures as are reasonably necessary to protect the article(s) described in Part I of this notice from interference until the completion of examination. (3) It is an offence- (a) to fail to comply with this notice; (b) for the consignee of the article(s) or the owner of the vessel, aircraft or vehicle, as the case may be, and, where this notice is served on the occupier of any storage place, for that occupier, to remove or permit the removal of the article(s) from the place specified in this notice until the article(s) is/are examined or an officer has informed such consignee, owner or occupier an examination is unnecessary. The maximum penalty is $10000 and 6 months' imprisonment. PART II Article(s) described in Part I of this notice examined/Examination of the article(s) described in Part I of this notice is unnecessary.* Officer's name ............................................. Officer's signature ..................................... Officer's rank ............................................. Date ............................. Time ................ * Delete whichever is inapplicable. (L.N. 299 of 1991; L.N. 360 of 1996) IMPORT AND EXPORT (REMOVAL OF ARTICLES) REGULATIONS - SCHEDULE 2 INFORMATION TO BE CONTAINED IN NOTICE OR INFORMATION GIVEN UNDER SECTION 20B OF THE ORDINANCE VerDate:11/04/2003 [regulation 4] 1. In relation to the vessel, aircraft or vehicle that the article is upon- (a) the name of the owner; (b) the following identifying particulars- (i) in the case of a vessel, the name and the voyage number (if any); (ii) in the case of an aircraft, the flight number; (iii) in the case of a vehicle, the registration or identification number and, if the vehicle is a train, also the wagon number (if any); (c) the date of its arrival in Hong Kong. 2. The name of the consignee of the article. 3. The description and quantity of the article, and any identification mark it bears. 4. If the article is in a container, the number of the container (if any). 5. The place at which the article was loaded onto the vessel, aircraft or vehicle. 6. The number of the bill of lading, air waybill or delivery order relating to the article. 7. The premises nominated by the consignee or the owner for the purposes of section 20B(1) of the Ordinance, and the name of the occupier of those premises. 8. Any condition imposed under section 20B(5) of the Ordinance. 9. The name and rank of the officer giving the notice or information (as the case may be), and the date on which and time at which the notice or information is given. (Schedule 2 added L.N. 34 of 2003)