Hong Kong Regulations

EXPORT (CERTIFICATES OF ORIGIN) REGULATIONS - REGULATION 12

Offences

(Past version on 01/07/1997).
(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 66 of 2000 s. 3

(1) Any person who without lawful authority-

   (a)  uses a certificate in respect of an article other than an article of
        the origin, description, or quality specified in the certificate; (66
        of 2000 s. 3)

   (b)  exports an article which is the subject matter of a certificate to a
        place or in a manner other than specified in the application pursuant
        to which such certificate has been issued;

   (c)  makes or causes to be made to any certificate issued under these
        regulations any alteration whether by addition, insertion,
        obliteration, erasure, removal or otherwise;

   (d)  substitutes or permits, suffers, or allows any other person to
        substitute any article whatsoever for any other article in respect of
        which a certificate has been issued under these regulations, commits
        an offence and is liable to a fine of $500000 and to imprisonment for
        2 years. (L.N. 119 of 1990)

(2) Any person who-

   (a)  with intent to deceive makes or gives or causes to be made or given
        any false or incorrect statement in any declaration or any information
        whatsoever whether verbal or in writing or otherwise required by the
        Director or an appointed officer under these regulations; (L.N. 294 of
        1982; L.N. 194 of 1999)

   (b)  with intent to deceive makes or gives or causes to be made or given
        any false or incorrect information in any document which he knows or
        has reason to believe may be used in support of an application for
        registration or for the issue of a certificate made under the
        provisions of regulation 8;

   (ba) with intent to deceive omits or causes to be omitted any material
        particulars in an application for the issue of a certificate; (L.N.
        119 of 1990)

   (c)  is in breach of any undertaking or part thereof given under the
        provisions of regulation 8;

   (d)  contravenes any of the provisions of regulation 11; or (L.N. 170 of
        1971)

   (e)  makes in any record kept under regulation 11(1) any statement which he
        knows or reasonably ought to know to be false in a material
        particular, (L.N. 170 of 1971) commits an offence and is liable to a
        fine of $500000 and to imprisonment for 2 years. (L.N. 119 of 1990)

(2A) Any person who furnishes or causes to be furnished to another person a
document which-

   (a)  he knows or has reason to believe may be used in support of an
        application for the issue of a certificate made under regulation 8;
        and

   (b)  has been signed by him in blank or with the material particulars
        incomplete, commits an offence and is liable to a fine of $100000 and
        to imprisonment for 1 year. (L.N. 119 of 1990)

(3) Where a person convicted of an offence under these regulations is a
company, every director and every officer concerned in the management of the
company shall be guilty of the like offence unless he proves that the act
constituting the offence took place without his knowledge or consent.

(4) For the purposes of paragraphs (2)(ba) and (2A), the following shall be
material particulars- (L.N. 139 of 1974; L.N. 119 of 1990)

   (a)  particulars of the place at which an article was manufactured,
        processed or produced;

   (b)  particulars of the principal materials used in the manufacture,
        processing or production of an article and the source thereof;

   (c)  particulars of the manner in which in substance an article has been
        manufactured, processed or produced;

   (d)  a description of an article including any brand name or trade mark;
        and

   (e)  particulars of the quantity or weight of an article.