Application to air transit or air transhipment cargo
(1) Regulation 3(1) does not apply in relation to the import of a smokeless tobacco product that is air transit cargo or air transhipment cargo; but if at any time between its being brought into and taken out of Hong Kong such product is removed from the cargo transhipment area of Hong Kong International Airport then, for the purposes of regulation 3(1)-
(a) the product is deemed to be imported at the time of such removal; and
(b) the person who brought the product, or caused it to be brought, into Hong Kong as air transit cargo or air transhipment cargo is deemed to be the person who imports the product at the time of its removal,
and, except to that extent, that regulation has effect as if this paragraph had not been enacted.
(2) In proceedings against a person for an offence under regulation 3(2), being proceedings-
(a) in relation to the import of a smokeless tobacco product that is air transit cargo or air transhipment cargo; and
(b) in which it is necessary for the prosecution to prove that, at any time between its being brought into and taken out of Hong Kong, the product was removed from the cargo transhipment area of Hong Kong International Airport,
it is a defence for the person to show that he took all reasonable steps and exercised reasonable diligence to avoid such removal occurring.
(3) Where in any proceedings the defence provided by paragraph (2) involves an allegation that the commission of the offence was due to-
(a) the act or default of another person; or
(b) reliance on information given by another person,
the defendant is not, without the leave of the court, 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-
(i) the person who committed the act or default or gave the information; and
(ii) the act, default or information,
of which he is aware at the time he serves the notice.
(4) A person is not entitled to rely on the defence provided by paragraph (2) 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 to-
(a) the steps which he took, and those which might reasonably have been taken, for the purpose of verifying the information; and
(b) whether he had any reason to disbelieve the information.